Chapter 2.10 CITY COUNCIL

Government operations of the City of Rio Dell as set forth hereafter are by the City Council, City Attorney, City Manager, City Clerk, Chief of Police, City Engineer, subordinate officers, full-time employees, part-time employees, temporary employees, volunteers, commissions, committees, boards, agencies, task forces and citizens appointed to represent the City in outside organizations. [Ord. 213A § 2.02, 1992.]

2.10.020 Function.

Legislative and policy functions of the government of the City of Rio Dell are vested in its Council of five persons. [Ord. 213A §§ 2.01.001, 2.03.001, 1992.]

2.10.030 Meetings.

Superseded by Ord. 336. See RDMC 2.10.160(4). [Ord. 213A § 2.03.002, 1992.]

2.10.040 Presiding Officer.*

No Councilpersons shall forfeit any rights of Council membership by serving as Presiding Officer. Questions of order shall be determined by law, ordinance or the Presiding Officer, subject however to member appeal to the Council for which a majority vote of the Council shall prevail. On issues not addressed by law, ordinance, resolution or precedence, the Presiding Officer shall obtain guidance from the City Attorney and/or use the current edition of the parliamentary guide Robert’s Rules of Order universally accepted as a definitive source. The Presiding Officer shall vote last on all issues. [Ord. 213A § 2.03.003, 1992.]

* See also RDMC 2.10.140(3).

2.10.050 Public comment.*

During public presentations (public comment), any person may address the Council on any matter that is under Council control and is not to be considered elsewhere on the agenda. The citizen must obtain recognition of the Presiding Officer and state their name, address and their remarks in an audible voice. Speakers shall confine their remarks to a single subject and avoid the use of any indecorous language. All remarks shall be addressed to the Council as a body, never to individual Council members. Speakers shall not be permitted to repeat information provided by other speakers. Whenever a group of persons wish to address the Council on the same subject matter, the use of a group spokesperson is encouraged to facilitate communication. The Presiding Officer may limit the presentation to a group spokesperson, in the Presiding Officer’s discretion. [Ord. 213A § 2.03.004, 1992.]

* See also RDMC 2.10.190(7).

2.10.060 Preservation of order.*

The Mayor shall preserve strict order and decorum at all meetings of the Council and announce its decisions on all subjects. No Councilperson or member of the audience shall by conversation or otherwise, delay or interrupt the peace or order of a Council meeting. The Chief of Police shall be Ex Officio Sergeant-at-Arms of the Council and shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining law and order in the chamber. In the absence of the Chief of Police, any peace officer present may be designated as Sergeant-at-Arms by the Presiding Officer. Upon instruction of the Presiding Officer, it shall be the duty of the Sergeant-at-Arms to eject unruly persons from the Council Chamber. [Ord. 213A § 2.03.005, 1992.]

* See also RDMC 2.10.170(3).

2.10.070 Ordinances and resolutions.*

Legislative action shall be taken by the Council only on an ordinance or resolution prepared in final format by the City Manager and City Attorney and approved by the Council at duly posted Council meeting(s). Each ordinance shall be preceded by a brief title. All ordinances, resolutions or matters requiring Council action must be introduced and sponsored by a Council member or introduced by the City Attorney or City Manager acting on their own initiative. Proposed ordinances may be amended between the time of their introduction and their first reading. [Ord. 213A § 2.03.006, 1992.]

* See also RDMC 2.10.170(11) and 2.10.190(6).

2.10.080 Limitations of authority.

(1) No Councilperson shall individually give orders or instruction to any City employee. The City Manager takes orders and instructions only from the total Council sitting in a duly convened meeting or from a court of jurisdiction. No Councilperson shall individually give orders or suggestions for action to the City Manager.

(2) No member of the City Council of the City of Rio Dell shall execute any deed, easement, license, profit, condition, conveyance, covenant, restriction, restraint, servitude, contract, assignment, lien, encumbrance, deed of trust, mortgage or other security interest, lease, title insurance policy, subordination agreement, patent, reservation, encroachment, release, power of appointment, power of attorney, partition, future interest, dedication, permit, declaration or any other document, memorandum, or instrument, relating to real property, without the specific authority of the City Council acting at a regularly or specially scheduled meeting upon proper motion and a majority vote of a present quorum. [Ord. 213A § 2.03.007, 1992; Ord. 171 § 1, 1982.]

2.10.090 Organization of departments.

The Council shall determine the organization of all departments of City staff after consideration of recommendations of the City Manager, operating efficiencies, and levels of service to the public as provided in the annual operating budget. [Ord. 213A § 2.03.008, 1992.]

2.10.100 Appointments and hiring.

The Council shall by a majority vote make the following appointments to serve at the pleasure of the Council in compliance with existing law, ordinance, resolution, service contracts/memorandum of understanding and/or City personnel rules as appropriate:

(1) City Manager;

(2) City Attorney;

(3) Commission, committee, board, agency and task force appointments;

(4) City representatives to other organizations. [Ord. 213A § 2.60.001, 1992.]

2.10.110 Removal or dismissal.

Removal or dismissal of any commissioner, committee member, board member, agency member, task force member or City representative shall be by a majority vote of the Council convened in a regular scheduled meeting with the matter previously posted on the agenda. Such removal or dismissal shall comply with all provisions of law, ordinance or resolution. [Ord. 213A § 2.75.001, 1992.]

Article II. City Council Protocols

2.10.120 Purpose.

The purpose of establishing and updating the City Council protocols is to provide guidelines for the City Council to conduct its business in an orderly, consistent, and fair manner.

The protocols set forth herein are not intended to limit the inherent power and general legal authority of the City Council. Any of the protocols herein may be waived by a majority vote of the City Council when it is deemed that there is good cause to do so based upon the particular facts and circumstances.

(1) Mission Statement of the City Council.

In the conduct of the public’s business, the Rio Dell City Council strives to operate with integrity, responsibility and respect for all. The meetings of the Rio Dell City Council will be operated openly and for the purpose of protecting the rights of the minority while carrying out the will of the majority.

[Ord. 336, 2015.]

2.10.130 Statutory requirements/regulations.

Certain State laws and other established regulations exist which govern various responsibilities of the City Council. These protocols are not intended to duplicate, fully articulate all requirements, or repeal any existing statutes or regulations. City Council members are responsible for becoming familiar with these statutes and regulations.

(1) The Brown Act. The Ralph M. Brown Act provides that all meetings of a legislative body, whether meetings of the City Council or its appointed commissions and committees, shall be open and public and all persons shall be permitted to attend. Notices of such meetings must be made 72 hours prior to the meeting (or 24 hours in the case of a special meeting). A “meeting” takes place whenever a quorum is present and subject matter related to the City business is heard, discussed, or deliberated upon.

(2) Political Reform Act. The Political Reform Act states that public officials shall perform their duties in an impartial manner, free from bias caused by their own financial interests or the financial interests of persons who have supported them. The Political Reform Act establishes regulations regarding conflicts of interests and campaign receipts and expenditures.

(3) Rio Dell Municipal Code (RDMC). The Rio Dell Municipal Code (RDMC) consists of those codified ordinances of general municipal regulations and laws of the City of Rio Dell. The City Clerk shall be responsible for timely codification of all adopted ordinances as updates to the Rio Dell Municipal Code (RDMC).

(4) Chapter 2.05 RDMC Relating to Council Meetings. Chapter 2.05 RDMC, “Council Meetings,” sets forth the time and place of regular meetings, and further establishes such things as the rules for the cancellation of meetings, change of location, special and emergency meetings, and continuation of meetings.

(5) Code of Ethics. Chapter 1.10 RDMC, “Code of Ethics,” sets forth the code of ethics and values for Council members. The proper operation of democratic government requires that decision-makers be independent, impartial, and accountable to the people they serve. The City of Rio Dell has adopted this code of ethics to promote and maintain the highest standards of personal and professional conduct in the City’s government. [Ord. 336, 2015.]

2.10.140 Council organization.

(1) Newly Elected Council Members. Newly elected Council members are generally sworn into office at the first regular meeting following receipt of the certification of votes from the County Elections Department following the November general election. Immediately upon election (even before being sworn into office), newly elected Council members are subject to the provisions of the Brown Act.

(2) Selection of Mayor and Mayor Pro Tem. Resolution No. 1127-2011 establishes the procedures for seating new members of the City Council. Section 36801 of the California Government Code also establishes the procedures for choosing the Mayor and Mayor Pro Tem. The Mayor and Mayor Pro Tem will be elected by a majority vote of the City Council. In years when members of the City Council are to be elected, the City Council shall consider the election of a Mayor and Mayor Pro Tem for two-year terms at the first regular or special meeting after certification of the general election results has been received.

(3) Duties of Mayor and Mayor Pro Tem.* The Mayor shall preside over all City Council meetings. If he/she is absent or unable to act, the Mayor Pro Tem shall serve until the Mayor returns or is able to act. (California Government Code Section 36802)

In the absence of the Mayor and Mayor Pro Tem, the City Clerk shall call the Council to order, whereupon a temporary Chairperson shall be chosen by members of the Council to preside over the meeting.

* See also RDMC 2.10.040.

(4) Seating Order. Following the City Council election, the City Clerk shall designate the seating order for the Council dais. The Mayor Pro Tem is generally seated to the right of the Mayor.

(5) Representation at Ceremonial Functions. The Mayor shall represent the Council at ceremonial functions. The Mayor may, at his/her own discretion, ask another Council member to represent the Council at the function.

Council members shall be reimbursed for meal expenses and mileage to attend ceremonial functions, for which the Council member was invited to represent the City, pursuant to the City of Rio Dell travel and reimbursement policy (Resolution No. 809-2002). [Ord. 336, 2015.]

2.10.150 Council administration.

(1) Travel and Expense Reimbursement. Authorization to incur expenses for travel, conferences and training shall be made only for purposes approved in the budget by the City Council pursuant to Resolution 809-2002.

(2) Mail/Council Correspondence.

(a) Mail. All general mail is date stamped and routed to the address unopened. All letters addressed to the Mayor and/or City Council requiring a response from staff are copied to the City Manager. A copy of the responses mailed, along with the original letters, will be provided to each Council member. Letters addressed to the Mayor and/or City Council that do not require a response but provide information on Council agenda items or like matters are copied to the full Council. Mail pertaining to specific meetings where an individual Council member is the appointed representative of the Council is opened. Copies are not made for the full Council. Cards and other Council member mail marked “personal” will not be copied to the full Council.

(b) Council Correspondence. All Council member correspondence written with City resources (letterhead, typing staff report, postage, etc.) will reflect the position of the full Council, not individual Council members’ positions. All Council member correspondence using City resources will be copied to the full Council. For example, responses to citizen letters will be copied to the full Council along with the original citizen correspondence. City Council members will be provided individual stationery and envelopes for use for communications reflecting their personal positions, not the positions of the full Council. These communications will be prepared and sent at the expense of the individual Council members. Council members may utilize the City’s outgoing mail service.

(3) Clerical Support. The City Manager’s office will coordinate the typing of correspondence requested by individual Council members for communications reflecting the position of the full Council. All correspondence typed for Council members will be on City letterhead and will reflect the position of the full Council, not individual Council members, and will be copied to the full Council.

(4) Requests for Research or Information. Council members may request information or research from the City Manager on a given topic directly when it is anticipated that staff can complete the request in less than an hour per week. Requests for new information or policy direction will be brought to the full Council at a regular meeting for consideration. All written products will be copied to the full Council.

(5) Council Notification of Significant Incidents. In conjunction with the City’s Public Safety Department, the City Manager’s office will coordinate the notification to Council of major crime, or other related incidents. This will be accomplished concurrently through telephone and e-mail messages. [Ord. 336, 2015.]

2.10.160 Meeting guidelines and procedures.

(1) Attendance/Quorum. Council members acknowledge that attendance at lawful meetings of the City Council is part of their official duty. Council members shall make a good faith effort to attend all such meetings. Council members shall notify the City Clerk if they will be absent from a meeting. The City Clerk shall then notify the City Manager and all other Council members. If a Council member fails to attend three consecutive regular meetings of the Council without being excused, his/her position on the City Council becomes vacant and shall be filled by appointment or election as determined by a majority vote of the City Council. At the start of each City Council meeting, the Mayor shall ask the City Clerk to take the roll call. Any absent Council member who has left a message by 5:00 p.m., or reached the Mayor or City Manager’s office directly before the start of the meeting on the day of the meeting to advise of such absence, shall be considered excused.

(2) Meeting Dates and Location. Consistent with Chapter 2.05 RDMC, regular meetings of the City Council shall be held on the first and third Tuesdays of every month, commencing at 6:30 p.m. in the City Hall Council Chambers, 675 Wildwood Avenue, Rio Dell.

(a) Other Locations. The Council may, from time to time, elect to meet at other locations within the City and upon such election shall give public notice of the change of location in accordance with provisions of the Government Code.

(b) Location During Local Emergency. If, by reason of fire, flood, earthquake or other emergency, it shall be unsafe to meet at City Hall, the meetings may be held for the duration of the emergency at such other place as may be designated by the Mayor, or if the Mayor does not so designate, by the Mayor Pro Tem or the City Manager.

(3) Cancelled Meetings. When the day for any regular meeting falls on a legal holiday, the regularly scheduled meeting for that day shall default to the following Thursday. That meeting or any other scheduled Council meeting may be cancelled when deemed appropriate by the Council, providing that the Council meets regularly, however, at least once each month.

(4) Special Meetings and Emergency Meetings. Special meetings and emergency meetings of the City Council may be called and held from time to time consistent with the procedures set forth in the Ralph M. Brown Act (Government Code Section 54950 et seq.).

(5) Adjourned Meetings. The City Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment pursuant to the procedures set forth in the Ralph M. Brown Act (Government Code Section 54950 et seq.).

(6) Posting of the Agenda. All City Council agendas and notices shall be made available to the general public pursuant to the California Government Code. The locations designated as the City’s official posting locations are as follows:

(a) The bulletin board at the entrance of City Hall;

(b) The bulletin board at the Rio Dell Post Office;

(d) Any other location as may be specifically selected in addition to the three locations heretofore designated.

(7) Agenda Packet Preparation. The City Manager reviews and approves all items for the Council agenda. Agenda packets are compiled, photocopied, posted to the City’s website, and distributed through the City Clerk’s office. Agenda packets shall be distributed to Council members no later than the Friday prior to the Council meeting.

(8) Placing Items on the Agenda. Matters may be placed on the agenda for consideration by request of (a) the Mayor; (b) the City Manager; and (c) the City Attorney. Any reasonable request shall be honored subject to the City Manager’s discretion as to the preparation of accompanying staff reports. Each Wednesday the City Manager meets with department heads to go over proposed future agendas, at which time issues that need to be brought forth to the City Council are discussed with the City Manager.

Council members shall have the opportunity to request an item be placed on the agenda during an open Council meeting; with concurrence of the Council, the request shall be honored. If a matter comes up after a Council meeting that a Council member wishes to have placed on the next agenda, the request may be presented to the City Manager for consideration.

Requests from the public to place an item on the agenda are to be directed to the City Clerk and shall be handled in the following manner:

(a) Proclamations/Certificates. All requests for proclamations and certificates are subject to approval of the Mayor or City Manager and are typically honored only if a local representative from the requesting agency can appear to accept the proclamation or certificate.

(b) Presentations. Most requests for presentations by civic groups and local organizations shall be honored and placed appropriately under the “Special Presentations” segment of the agenda.

(c) Item for Discussion/Action by Public. Requests by members of the public to place an item for discussion or action on the agenda shall be directed to the appropriate City department for proper handling. In the event it cannot be handled in this manner, the individual requesting the action should attend a City Council meeting and address the Council under the “Public Presentation” segment of the agenda.

The Council shall not take action on the matter other than to either: (i) direct that the matter be placed on a future agenda, or (ii) direct staff to research the issue and report back to Council.

(9) Americans with Disabilities Act (ADA) Statement. Agendas for all City Council meetings will contain a statement regarding the Americans with Disabilities Act, making the City Clerk the contact for inquiries by those needing special assistance to participate in the meeting.

(10) Adjournment of Meetings. The Council establishes 10:00 p.m. as the hour of adjournment and will not continue beyond 10:00 p.m. without a majority vote of the Council. To assist on making the determination to continue an item under consideration, the Council should find that discussion, deliberation and action on the item could be concluded by 11:00 p.m. The Council will not hear any new agenda items past 10:00 p.m. without a majority vote of the Council. A determination should be made by Council that any new item(s) can be discussed, deliberated and action taken before 11:00 p.m. If agenda items remain after the 10:00 p.m. adjournment, a special continued meeting may be scheduled or the items deferred until the next regular meeting.

At the conclusion of any agenized meeting of the City Council, the Mayor shall call for a motion to adjourn. The motion, if passed, requires the Council to immediately adjourn to its next regularly scheduled meeting. It is not subject to debate and requires a majority vote. (Government Code Section 54955) [Ord. 336, 2015.]

2.10.170 Rules of conduct.

(1) General Parliamentary Procedure. It is the policy of the Council not to become involved on the entanglements over “parliamentary procedure.” Consistent with any applicable City ordinance, statute or other legal requirement, any issue of procedure relating to the conduct of a meeting or hearing not otherwise provided for herein shall be governed by Rosenberg’s Rules of Order or as determined by the Mayor. However, no ordinance, resolution, proceedings or other action of the City Council will be invalidated, or the legality thereof affected, by the failure or omission to observe or follow said Rules. In the event of a conflict between the City’s municipal code and/or these rules of procedure/protocols with Rosenberg’s Rules of Order, the provisions of the City’s municipal ordinances and/or these rules, as applicable, shall govern. The Mayor, at his/her discretion, may refer to Robert’s Rules of Order for any matters not addressed in either these rules of procedure or Rosenberg’s Rules of Order.

(2) Addressing Members of the Public and Staff. In addressing the public and members of the City’s staff, Council members will generally refer to persons as Mr., Mrs. or Ms. followed by their surname and/or job title.

(3) Authority of the Chair.* Subject to the full Council, the Mayor shall have the authority to prevent the misuse of motions, or the abuse of any privilege, or obstruction of the business of the Council by ruling any such matter out of order. In so ruling, the Mayor shall be courteous and fair and should presume that the moving party is acting in good faith.

* See also RDMC 2.10.060.

(4) Mayor to Facilitate Council Meetings. The Council has delegated the responsibility and expanded the role of the Mayor to include the facilitation of Council meetings. In the role as facilitator, the Mayor will assist the Council to focus on their agenda, discussions and deliberations.

(5) Council Deliberation and Order of Speakers. The Mayor has been delegated the responsibility to control the debate and the order of speakers.

(a) Questions Addressed to Another Council Member. With the concurrence of the Mayor, a Council member holding the floor may address a question to another Council member and that Council member may respond while the floor is still held by the Council member asking the question. A Council member may opt not to answer a question while another Council member has the floor.

(6) Limit Deliberations to Item at Hand. Council members will limit their comments to the subject matter, item or motion being currently considered by the Council.

(7) Length of Council Comments. Council members will govern themselves as to the length of their comments or presentation. As a courtesy, the Mayor will signal by hand to a Council member who has been speaking for over 10 minutes. The intent of the hand signal is a courtesy to let the Council member know they have been speaking for about 10 minutes and may want to consider wrapping up their comments. This procedure is not meant to limit debate or to cut comments short, but rather to assist Council members on their efforts to communicate concisely.

(8) Council Presentations. Council member presentations are limited to the item or issue being deliberated. To ensure that the appropriate equipment is available, Council members must provide the City Clerk advance notice of the intent to make a presentation. To ensure a complete record of the meeting, Council members will provide a copy of the presentation to the City Clerk at the conclusion of the Council meeting.

(9) Obtaining the Floor. Any member of the Council wishing to speak must first obtain the floor by being recognized by the Mayor. The Mayor must recognize any Council member who seeks the floor when appropriately entitled to do so.

(10) Procedure for Motions.

(a) Motions may be made by any member of the Council, including the Mayor and/or presiding officer, providing that before the presiding officer offers a motion, the opportunity for making a motion should be offered to other members of the Council. Any member of the Council, other than the person offering the motion, may second a motion. The following is the general procedure for making motions:

(i) Before a motion can be considered or debated, it must be seconded.

(ii) A Council member wishing to second a motion should do so through a verbal request to the Mayor.

(iii) Once the motion has been properly made and seconded, the Mayor shall open the matter for discussion offering the first opportunity to the moving party, and thereafter, to any Council member properly recognized by the Mayor.

(iv) The Mayor may ask for public comment on the motion.

(v) Once the matter has been fully discussed and the Mayor calls for a vote, no further discussion will be allowed; provided, however, Council members may be allowed to explain their vote.

(b) Motion Amendments. When a motion is on the floor and an amendment is offered, the amendment should be acted upon prior to action on the main motion.

(c) Motion of Intention. A motion of intention process is generally limited to matters legally required to be supported by findings. In proceedings identified as quasi-judicial on the agenda, when the City Council takes an action that is substantially different from the staff recommendation, the Council may utilize the motion of intention. A motion of intention provides staff direction as to the City Council’s action through a formal motion. Based on this motion, staff revises the necessary findings, resolutions and/or implementing documentation for the City Council’s action at the next scheduled meeting.

(11) Ordinances.* Motions offering ordinances are deemed to include waiver of full reading of the ordinance and the reading of the ordinance by title only unless otherwise specifically stated.

* See also RDMC 2.10.070.

(12) Voting. Any Council member present at a meeting when a question comes up for a vote should vote for or against the measure unless he/she is disqualified from voting and abstains because of such disqualification. If the vote is a voice vote, the Mayor shall declare the result. The Council may also vote by roll call, ballot or voting machine. Regardless of the manner of voting, the results’ reflection of all “ayes” and “noes” must be clearly set forth for the record.

(13) Abstention. If a Council member abstains because of a legal conflict, he/she is not counted as present for quorum purposes and is not deemed to be “voting” for purposes of determining whether there has been a “majority vote of those members present and voting.” When a Council member abstains or excuses themselves from a portion of a Council meeting because of a legal conflict of interest, the Council member must briefly state on the record the nature of the conflict. Inclusion of this information on the public record is required by law. If a Council member abstains because of a conflict other than legal, he/she is counted as present for quorum purposes and is not deemed to be “voting” for purposes of determining whether there has been a “majority vote of those members present and voting.”

(14) Tie Votes. A tie vote results in a lost motion. In such an instance, any member of the Council may offer a motion for further action. If there is not action by an affirmative vote, the result is no action. If the matter involves an appeal, and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision-making person or body from which the appeal was taken.

(15) Motions for Reconsideration. Motions for reconsideration of a matter may be made at the same meeting or at the next succeeding meeting following a Council action. A proposed motion for reconsideration at the next meeting must comply with Brown Act noticing requirements. Motions for reconsideration may only be made by a Council member that voted with the majority of the City Council on the action proposed to be reconsidered by the Council. In the case of a tie vote, the prevailing side or majority of the Council will be deemed to be those Council members who voted in the negative. Any member of the Council may second a motion for reconsideration.

(16) Serial Meetings. Serial meetings are meetings that at any one time involve only a portion of legislative body, but eventually involve a quorum. Serial meetings yield a process that deprives the public of the opportunity for a meaningful contribution to the decision-making process. Serial meetings may be a chain, in which member “A” contacts member “B,” “B” then contacts “C,” “C” contacts “D” and so on, until a quorum is involved. An elected official has the right to confer with a colleague about public business; however, if and when a “collective concurrence as to action to be taken” is reached, the Brown Act is violated. Council members are encouraged to consider the possibility of serial meetings when engaging in discussion with their colleagues on a matter within the subject jurisdiction of the City.

(17) Nonobservance of Rule. Rules adopted to expedite and facilitate the transaction of the business of the Council in an orderly fashion shall be deemed to be procedural only, and the failure to strictly observe any such rules shall not affect the jurisdiction of or invalidate any action taken by the Council. [Ord. 336, 2015.]

2.10.180 Decorum.

(1) Council Members. Chapter 1.05 RDMC, “Code of Ethics,” establishes the code of ethics and values to be followed by City Council members and others. Members of the City Council value and recognize the importance of the trust invested in them by the public to accomplish the business of the City. Council members shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the City Council at all times. Council members in the minority on an issue shall respect the decision and authority of the majority.

(2) City Staff. Members of the City staff are expected to observe the same rules of order and decorum applicable to the City Council. City staff shall act at all times in a business professional manner toward Council members and members of the public.

City staff shall:

(a) Prepare well-written staff reports and provide accompanying documents on all agenda items in accordance with the agenda format and preparation schedule;

(b) Be available for questions from Council members in accordance with the Brown Act prior to and during meetings;

(d) Refrain from arguing with the public or Council members;

(e) Switch any electronic equipment such as pagers and cell phones to silent or off mode during Council meetings;

(f) Remain objective on issues and should not be advocates for issues unless so directed by the Council or City Manager;

(g) To the extent permitted by the Brown Act, the City Manager and staff shall inform the Mayor and Council of controversial, significant-impact issues that are coming before the Council, providing as much advance notice prior to the meeting as possible; and

(h) The City Manager shall advise management staff of potentially political or controversial issues coming before the Council and direct staff to be present and appropriately prepared.

(3) Public. Members of the public attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council and staff as noted in subsections (1) and (2) of this section.

No person shall engage in conduct that is intended to or is likely to provoke violent or riotous behavior nor shall any person engage in disorderly or boisterous conduct, including the utterance of loud, threatening, profane or abusive language, personal, impertinent or slanderous remarks, whistling, stamping of feet, booing or other acts which disturb, disrupt or otherwise impede the orderly conduct of any Council meeting. Applause will be permitted, as deemed acceptable by the Mayor, except during public hearings.

Any persons who violate this rule shall, at the discretion of the Mayor, or by majority of the Council, be barred from attendance for the remainder of the Council meeting, provided the Mayor has requested that a person who is breaching these rules of conduct be orderly and silent. If, after receiving a warning from the Mayor, a person persists in disturbing the meeting, the Mayor shall order the person to leave the Council meeting. If such person does not immediately remove himself/herself, the Mayor may order the Mayor may request the Sergeant at Arms or any law enforcement officer present to remove that person from the Council Chambers. In the absence of a law enforcement officer, the Mayor may recess the meeting until a law enforcement officer is able to arrive and remove the person.

(4) Noise in the Council Chambers. Any noise emanating from the audience within the Council Chambers which disrupts City Council meetings shall not be permitted. [Ord. 336, 2015.]

2.10.190 Order of business.

(1)(a) General Order. The business of the Council at its meetings will generally be conducted in accordance with the following order of business unless otherwise specified:

(i) Call to order;

(ii) Roll call;

(iii) Pledge of Allegiance;

(iv) Ceremonial;

(v) Public presentations;

(vi) Consent calendar;

(vii) Items removed from consent calendar;

(viii) Special presentations/study sessions;

(ix) Special call items/community affairs;

(x) Ordinances/resolutions/public hearings;

(xi) Reports/staff communications;

(xii) Council reports/communications;

(xiii) Adjournment.

(b) Closed Sessions.* A closed session may be held at any time during a meeting consistent with applicable law. The order of business under closed session will be conducted as follows:

(i) Announcement of items to be discussed in closed session as follows;

(ii) Public comment regarding closed session;

(iii) Recess into closed session;

(iv) Reconvene into open session;

(v) Oral announcements.

* See also RDMC 2.05.080.

(2) Action Agenda Items. In accordance with the Ralph M. Brown Act, the Council may not take action on any item that did not appear on the posted Council agenda 72 hours prior to the Council meeting unless an exception is made as permitted under Government Code Section 54954.2 (Agenda Postings; Action on Other Matters).

(3) Consent Calendar. Agenda items removed from the consent calendar by Council members or staff will be considered individually under the “Items Removed from the Consent Calendar” section of the agenda. Members of the public may comment on consent items prior to the Council’s consideration of the consent calendar. A Council member may vote “no” on any consent item without comment or discussion. Any abstentions, comments, questions or discussion on an item will require the pulling of the item from the consent calendar.

(4) Special Presentations. All special presentations will be calendared and coordinated through the City Manager and the Mayor and may be limited by the Mayor to a time period not to exceed 15 minutes at each Council meeting.

(5) Special Call Items/Community Affairs. This section of the agenda is for items requiring discussion and/or action. The Mayor will call for a staff report from the City Manager; he/she may defer to the appropriate department head to present the staff report and answer questions of the Council.

(6) Ordinances/Resolutions.* Ordinances involve a command or prohibition and have the force of law in the City for which an ordinance is adopted. An ordinance generally prescribes some permanent rule of conduct or government that remains in force until the ordinance is repealed. With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required, one to introduce, and a second to adopt the ordinance. Ordinances may only be passed at a regular meeting or at an adjourned (i.e., continued) regular meeting, except for urgency ordinances. Ordinances may not be passed at a special meeting. Unless otherwise stated, an ordinance shall take effect 30 days following the date of adoption.

A resolution expresses City Council policy or directs certain types of administrative action and may be changed by a subsequent resolution. Resolutions are effective on the date of adoption.

* See also RDMC 2.10.070.

(7) Public Presentations.* This time is for persons who wish to address the Council on any matter not on the agenda and over which the Council has jurisdiction. As such, a dialogue with the Council or staff is not intended. Speakers are to come to the podium and state their name for the record. Items requiring Council action may be placed on the next regular agenda for consideration, if the Council directs, unless a finding is made by at least two-thirds of the Council members present that the item came up after the agenda was posted and is of an urgent nature requiring immediate action. Comments are limited to three minutes per speaker.

* See also RDMC 2.10.050.

(8) Council Reports/Communications. The Council reports/communications section of the agenda provides Council the opportunity to briefly comment on Council business, City operations, City projects and other items coming before the Council. It also allows Council members serving on Council subcommittees to present a verbal report to the full Council on the activities of the respective boards, commissions or committees upon which they serve. No action may be taken.

(9) Closed Session. Closed sessions are regulated pursuant to the Brown Act. All written materials and verbal information regarding closed session items shall remain confidential. No member of the Council, employee of the City, or anyone else present shall disclose to any person the content or substance of any discussion that takes place in a closed session, unless authorized by a majority of Council. The same high standard of respect and decorum as apply to public meetings shall apply to closed sessions. There shall be a courtesy, respect, and tolerance for all viewpoints and for the right of Council members to disagree.

Under the Brown Act, California Government Code Section 54957.1(a): the legislative body of any local agency shall publicly report any action taken in closed session and the vote or abstention of every member present thereon. (See Exhibit “D” attached to the ordinance codified in this article for guidance.) [Ord. 336, 2015.]

2.10.200 Quasi-judicial proceedings.

(1) Defined. Quasi-judicial proceedings are those proceedings in which the City Council is required to make findings based on an evidentiary record as to the entitlement. In quasi-judicial proceedings, the City Council sits as the judge and jury, and is required to make findings based on the evidence and records presented. Examples of quasi-judicial proceedings that may be heard by the City Council include conditional use permits, variances and subdivision map approvals.

(2) Identification on Agenda. To facilitate the identification of quasi-judicial matters, quasi-judicial proceedings will be identified as such on the Council agenda under the heading of “Quasi-Judicial Proceedings.”

(3) Ex Parte Communications. An ex parte communication is a communication made with a Council member outside the Council Chambers with any person except the City Attorney concerning a quasi-judicial proceeding to be heard by the City Council. When a Council member has an ex parte communication concerning a subject that is the basis of a quasi-judicial proceeding before the Council, the Council member must state for the public record the nature of that communication. Council members must indicate with whom the ex parte communication was made and provide a brief statement as to the substance of the communication. A Council member may make an oral presentation of the nature of the communication or provide a written statement to be read into the public record. [Ord. 336, 2015.]

2.10.210 Commissions/committees.

(1) Ad Hoc Committees. Ad hoc committees are formed on an as-needed basis with a clearly defined purpose and term. Ad hoc committees will consist of two Council members recommended by the Mayor and concurred with motion by the full Council.

(2) Council Member Appointments to Boards/Committees/Commissions. Resolution No. 1127-2011 establishes the procedures for appointments by the City Council for vacant positions on various commissions. Chapter 2.55 RDMC also provides direction concerning the City’s boards, commissions and committees. The City Council shall establish and by a majority vote appoint individuals for the prescribed terms to serve on such commissions, committees, boards, agencies and task forces as are required by law and by City operational need. The operational identities of such organizations are defined by law, ordinance or resolution. At the completion of an appointee’s prescribed term of office on such an organization, any interested party may apply to the City Clerk for Council consideration for appointment or reappointment to these support organizations which include, but are not limited to, the Planning Commission, Parks and Recreation Commission, Traffic Committee and the Community Development Block Grant Advisory Committee (CDBG-AC).

(a) City Representation in Other Organizations. Council members are requested to serve on various commissions for outside agencies. Following an election year at which new Council members are elected, the newly seated Council shall review the list of current assignments and make recommendations for appointments. Any Council member desiring to serve on a certain commission or board should inform the Mayor. Council members resigning from his/her position on a certain commission should inform the Mayor via the City Clerk’s office in writing. Appointments are made by the Mayor subject to approval by majority vote of the Council. [Ord. 336, 2015.]

2.10.220 Conflict of interest/economic disclosure requirements for public officials.

(1) Conflict of Interest. The Political Reform Act (Government Code, Title 9, Sections 81000 through 91015) controls conflict of interest through disclosure and prohibition of participation in decisions, which are actual conflicts of interest. Specifically, it requires City Council members and other public officials to annually disclose all financial interests that may be affected by decisions made in their official capacity; this includes interests such as investments, real property, and income. Council members must also disqualify themselves from making or participating in making or influencing any governmental decision that will have a foreseeable material financial effect on any economic interest of the Council member or certain family members.

(2) Statement of Economic Interest. A financial disclosure form (Statement of Economic Interest Form 700) must be filed with the City Clerk no later than April 1st of each year for financial interests pertaining to the preceding calendar year. Newly elected Council members must file a statement within 30 days of officially assuming office. Planning Commissioners and certain City officials are also subject to this disclosure requirement. [Ord. 336, 2015.]

2.10.230 Protocol administration.

(1) Review of City Council Protocols. The protocols will be reviewed and amended from time to time by the City Council in order to remain current with Federal, State, and local law.

(2) Adherence to Protocols. During City Council discussions, deliberations and proceedings, the Mayor has been delegated the primary responsibility to ensure that the City Council, staff and members of the public adhere to the Council’s adopted protocols.

(3) City Attorney as Protocol Advisor. The City Attorney assists the Mayor as a resource to confer with and an advisor for interpreting the City Council’s adopted protocols.

(4) Adherence to Administrative Procedure and Process Protocols. The City Council has delegated the City Manager responsibility to discuss, on behalf of the full Council, any perceived or inappropriate administrative action with a Council member. The City Manager will discuss with the Council member the action and suggest a more appropriate process or procedure to follow. After this discussion, if further inappropriate action continues, the City Manager will report the concern to the full Council.

(5) Applicability of Protocols. The City of Rio Dell City Council protocols shall also apply to the City Council when sitting as other entities’ or agencies’ representatives or any other body. The role of the Mayor and Mayor Pro Tem shall be interchangeable with the Chair and Vice Chair, or President and Vice President when sitting as another entity. [Ord. 336, 2015.]