HomeMy WebLinkAboutCouncil Policies and Procedures 2013
City of San Luis Obispo
COUNCIL POLICIES
AND PROCEDURES
MANUAL
Adopted by the City Council
April 20, 2004, Resolution No. 9554
Updated by the City Council
May 2, 2006, Resolution No. 9794
November 16, 2008, Resolution No. 10041
January 3, 2012, Resolution No. 10323
May 8, 2012, Resolution No. 10354
February 5, 2013, Resolution No. 10422
i
COUNCIL POLICIES & PROCEDURES
TABLE OF CONTENTS
FOREWARD......................................................................................................................1
CHAPTER ONE
MEETING GUIDELINES & PROCEDURES ...............................................................2
1.1 MEETING SCHEDULE ...........................................................................................2
1.1.1 MEETINGS OF COUNCIL ..........................................................................2
1.1.2 REGULAR MEETINGS ...............................................................................2
1.1.3 STUDY SESSIONS ......................................................................................2
1.1.4 SPECIAL MEETINGS .................................................................................3
1.1.5 USE OF COUNCIL CHAMBER..................................................................3
1.2 AGENDA ..................................................................................................................4
1.2.1 ESTABLISHING THE COUNCIL AGENDA ..............................................4
1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) ...........5
1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) ............5
1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) ........................5
1.2.5 EMERGENCY ITEMS .................................................................................5
1.2.6 RECONSIDERATION .................................................................................5
1.2.7 ORDER OF BUSINESS ...............................................................................6
1.2.8 NOTIFICATION AND ADVERTISING .....................................................6
1.3 MEETING PROCEDURES ......................................................................................6
1.3.1 PRESIDING OFFICER ...............................................................................6
1.3.2 QUORUM ....................................................................................................7
1.3.3 DISCUSSION RULES.................................................................................7
1.3.4 PARLIAMENTARY PROCEDURE ...........................................................8
1.3.5 PROTOCOL ................................................................................................9
1.3.6 VOTING PROCEDURES .........................................................................10
1.3.7 PUBLIC COMMENT ................................................................................11
1.3.8 CONSENT AGENDA ...............................................................................13
1.3.9 COMMUNICATIONS ...............................................................................14
1.3.10 CLOSED SESSIONS…. ............................................................................14
1.4 MEETING COVERAGE……. ..............................................................................14
CHAPTER TWO
COUNCIL COMPENSATION ….. ................................................................................16
2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS ....................................16
2.2 RETIREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE .......16
ii
2.3 PROFESSIONAL DEVELOPMENT .....................................................................16
2.3.1 PROFESSIONAL DEVELOPMENT .........................................................16
2.3.2 START-UP ALLOWANCE .......................................................................17
2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT ...................................17
2.4.1 CITY BUSINESS…… ..............................................................................17
2.4.2 MILEAGE………….. ................................................................................17
2.5 GENERAL PROCEDURES AND LIMITATIONS ...............................................17
2.5.1 ACCOUNTING……. ................................................................................17
2.5.2 REIMBURSEMENT LIMITATION .........................................................18
2.5.3 SPECIAL EXPENSES ...............................................................................18
2.5.4 OTHER GUIDELINES ..............................................................................18
2.5.5 DISCLOSURE AND REPORTING REQUIREMENTS………………..18
2.6 COUNCIL COMPENSATION COMMITTEE ......................................................18
2.6.1 MEMBERSHIP……… ...............................................................................18
2.6.2 REVIEW RESPONSIBILITY ....................................................................19
CHAPTER THREE
COUNCIL POWERS & APPOINTMENTS .................................................................20
3.1 MAYOR - POWERS AND DUTIES ....................................................................20
3.2 APPOINTMENT OF VICE-MAYOR ...................................................................20
3.3 FILLING COUNCIL VACANCIES ......................................................................20
3.3.1 APPOINTMENT OR SPECIAL ELECTION ............................................21
3.3.2 PUBLIC APPOINTMENT .........................................................................21
3.3.3 ADVERTISE FOR APPLICANTS .............................................................21
3.3.4 QUALIFICATIONS… ................................................................................21
3.3.5 PUBLIC MEETING… ................................................................................21
3.4 ADMINISTERING OATHS: SUBPOENAS .........................................................22
3.5 LIMITATIONS ......................................................................................................22
3.6 METHOD OF ACTION BY COUNCIL ...............................................................23
3.7 ORDINANCES…………………………………………………………………..23
3.8 ACCEPTANCE OF GRANTS OR DEEDS ...........................................................23
3.9 LEGISLATIVE ACTION PROGRAM ...................................................................23
iii
3.10 AMICUS CURIAE PARTICIPATION ...............................................................24
CHAPTER FOUR
THE BROWN ACT ........................................................................................................25
4.1 APPLICABILITY AND PENALTIES .................................................................25
4.2 MAJOR PROVISIONS........................................................................................25
4.2.1 APPLICABILITY ....................................................................................25
4.2.2 MEETINGS .............................................................................................25
4.2.3 AGENDAS ..............................................................................................25
4.2.4 ACTIONS ................................................................................................26
4.2.5 PUBLIC INPUT .......................................................................................26
4.2.6 PUBLIC DISRUPTIONS .........................................................................26
4.2.7 CORRESPONDENCE .............................................................................26
4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS ...........................26
4.3 SPECIAL MEETINGS .........................................................................................27
4.4 EMERGENCY MEETINGS .................................................................................27
4.5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT
AND THE BROWN ACT ....................................................................................27
4.6 OTHER PROVISIONS ..........................................................................................27
CHAPTER FIVE
COUNCIL/STAFF RELATIONSHIPS & CONDUCT ...............................................29
5.1 INTENT… ..............................................................................................................29
5.2 GUIDELINES FOR COUNCIL MEMBERS ......................................................29
5.2.1 REQUESTS FOR INFORMATION ........................................................29
5.2.2 DIRECTION TO STAFF .........................................................................29
5.3 GUIDELINES FOR STAFF ................................................................................29
5.3.1 TIMELY RESPONSE ..............................................................................30
5.3.2 DIRECTION FROM COUNCIL .............................................................30
5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS .............30
5.3.4 INFORMATION DISTRIBUTION .........................................................30
5.3.5 SIGNIFICANT INFORMATION ...........................................................31
5.4 ACCESS TO TELECOMMUNICATIONS & INFORMATION SYSTEMS ....31
5.4.1 TELEPHONES .......................................................................................31
iv
5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY .....31
5.4.3 SECURITY .............................................................................................32
5.4.4 INTERNET ACCESS .............................................................................32
5.4.5 ELECTRONIC MAIL (EMAIL) .............................................................32
5.4.6 SUPPORT RESPONSIBILITIES ...........................................................32
5.4.7 COUNCIL MEMBER RESPONSIBILITIES .........................................32
5.5 COUNCIL MAIL HANDLING ........................................................................33
5.5.1 PAPER AND ELECTRONIC MAIL, PUBLIC RECORD ....................33
5.5.2 “PRIVATE, PERSONAL, CONFIDENTIAL” MAIL ............................33
5.5.3 PROCESS FOR PAPER MAIL ..............................................................33
CHAPTER SIX
ADVISORY BODY PROCEDURES .............................................................................35
6.1 ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS ....................35
6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES .......................35
6.1.2 ROLE ......................................................................................................35
6.1.3 COMMUNICATION ..............................................................................35
6.1.4 EDUCATION .........................................................................................35
6.1.5 APPOINTMENT AND RECOMMENDATION ...................................35
6.1.6 ATTENDANCE ......................................................................................35
6.2 COUNTY OR REGIONAL REPRESENTATION ............................................36
6.3 OTHER COUNCIL SUBCOMMITTEES ..........................................................36
6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS ........36
6.4.1 INTENT .................................................................................................36
6.4.2 COUNCIL AGENDA REPORTS .........................................................36
6.4.3 COUNCIL MEETINGS .........................................................................36
6.4.4 RECOMMENDATIONS .......................................................................37
6.5 ROLE OF CITY STAFF PERSONS .................................................................37
6.6 APPOINTMENT PROCEDURES ....................................................................37
6.6.1 PURPOSE ..............................................................................................37
6.7 PROCESS ........................................................................................................38
6.7.1 QUALIFICATIONS ...............................................................................38
6.7.2 TERMS ..................................................................................................38
6.7.3 PROCESS ..............................................................................................39
v
CHAPTER SEVEN
COUNCIL CONFIDENTIALITY POLICY .................................................................41
7.1 PURPOSE AND PROHIBITION AGAINST DISCLOSURE ..........................41
7.1.1 PURPOSE AND INTENT ....................................................................41
7.1.2 PROHIBITION AGAINST DISCLOSURE .........................................41
7.2 PUBLIC CENSURE FOR UNAUTHORIZED DISCLOSURE .......................41
7.3 DEFINITIONS ..................................................................................................41
7.3.1 CAUSE TO BE DISCLOSED ...............................................................42
7.3.2 CONFIDENTIAL INFORMATION .....................................................42
7.3.3 UNAUTHORIZED PERSON ...............................................................42
CHAPTER EIGHT
COUNCIL CENSURE POLICY ....................................................................................43
8.1 PURPOSE OF CENSURE POLICY .................................................................43
8.2 DEFINITIONS ..................................................................................................43
8.2.1 CENSURE .............................................................................................43
8.3 CENSURE PROCEDURE ................................................................................43
Council Policies & Procedures Manual 2013 2-5-13 Page 1
COUNCIL POLICIES AND PROCEDURES
FOREWORD
San Luis Obispo is a "charter" city as contrasted to a "general law" city. Under California law,
the authority of a general law city is derived only from the powers granted to it by the general
laws adopted by the State Legislature pertaining to the organ ization and operation of a
municipality, and from the police power (the right of the City to make laws governing health,
safety, morals and welfare for the benefit of the community) granted to it by the State
Constitution. On the other hand, a charter city's power is not defined or limited by the State's
general laws. Instead, with respect to municipal affairs, a charter city's powers are defined by the
city's own charter, subject only to the limitations of the State Constitution. As a result, charter
cities usually have more operational latitude than do the more prevalent general law cities.
A charter serves as the city's "constitution" and may only be amended by a vote of the people.
San Luis Obispo's Charter was first adopted on May 1, 1876, and has been amended by popular
vote on several occasions subsequently. In 1955, the Charter was amended to approve a
Council-Mayor-City Manager form of government. The last charter revision occurred on
September, 2012.
The word "charter" and the notation, e.g. (Charter § 503) used within this document refer to the
City Charter.
Council Policies & Procedures Manual 2013 2-5-13 Page 2
CHAPTER ONE
MEETING GUIDELINES & PROCEDURES
1.1 MEETING SCHEDULE
1.1.1 MEETINGS OF COUNCIL
The Council shall provide by ordinance the time and place of holding meetings and the
manner in which special meetings may be called. Public interest and convenience shall be
primary considerations when decisions are made as to time, location and frequency.
Except as otherwise provided by law, all meetings of the Council shall be open to the
public. (Charter § 502)
1.1.2 REGULAR MEETINGS
1.1.2.1 Regular meeting shall be held the first and third Tuesday of each month
beginning at 6:00 p.m. In the event that a regular meeting of the Council
shall fall on a legal holiday, that regular meeting shall be held at the same
place and time on the next succeeding working day. (Ord. 1580)
1.1.2.2 Regular meetings shall be held in the Council Chamber, 990 Palm Street,
in the City of San Luis Obispo. (Ord. 677)
1.1.2.3 Regular meetings shall be between the hours of 6:00 p.m. and 11:00 p.m.
It shall be the policy of the City Council to complete meetings, including
closed sessions, by 11:00 p.m. unless a majority of the Council elects to
continue past the adjournment hour. If at the hour of 11:00 p.m. the City
Council has not concluded its business, the Council will review the
balance of the agenda and determine whether to extend the meeting
beyond the hour of 11:00 p.m., continue any remaining items, or
adjourn the meeting to another date and time.
1.1.2.4 A regular meeting may be cancelled by a majority vote of the Council.
1.1.3 STUDY SESSIONS (Open to the public)
1.1.3.1 The purpose of these meetings shall be for informal discussions between
staff, advisory bodies or consultants, the public, and the City Council
regarding specific programs, projects or policies. Council may provide
direction, but no formal action will be taken during a Study Session.
Study Sessions may be conducted in a variety of formats, including Public
Workshops.
Council Policies & Procedures Manual 2013 2-5-13 Page 3
1.1.3.2 Study Sessions will be held at a time and place within the City limits
convenient to Council and advantageous for public participation.
1.1.4 SPECIAL MEETINGS
1.1.4.1 Special meetings may be called by the Mayor or three members of the
City Council on no less than 24 hour notice and as otherwise specified by
Government Code § 54956) (Ord. 959)
1.1.4.2 Any special meeting held at a place other than City Hall shall be open to
the public. Such meetings shall be held within the city limits. Notice
requirements of the Brown Act shall be complied with for any such
meetings; regular minutes shall be taken by the City Clerk and shall be
available for public inspection.
1.1.5 USE OF COUNCIL CHAMBER
1.1.5.1 The City Manager, or designee, is responsible for maintaining a calendar
on the use of the Council Chamber and all requests for reservations shall
be cleared through the administrative office.
1.1.5.2 When a question arises regarding permission for any group to use the
facility, the City Manager shall have authority to make the final
decision. The following rules are established as a guide:
a. Use of the Council Chamber by City commissions, committees, and
other advisory bodies shall take precedence over any other group or
agency.
b. Favorable consideration shall be given to other governmental agencies
and non-profit groups during regular business hours only, unless
otherwise approved by the City Manager (see exception noted in
Section 1.1.5.2.c). These groups will be charged for the use of the
Council Chamber at the same rate charged governmental agencies and
non-profit groups for use of the Community Room at the City/County
Library. No events of a commercial nature shall be allowed. The
Council Chamber will not be available for use by any non-City
organizations during non-business hours, unless otherwise approved
by the City Manager (see exception noted in Section 1.1.5.2.c).
c. With the approval of the City Manager, other local governmental
agencies may use the Council Chamber for the purpose of live or
video cablecasting public hearings and/or public meetings during
regular or non-business hours. The fee charged shall be the same rate
charged governmental agencies for use of the Community Room at
Council Policies & Procedures Manual 2013 2-5-13 Page 4
the City/County Library, in addition to the cost for services provided
by the City for cablecasting operations.
d. No admission shall be charged. No events featuring the service of
food or drink shall be allowed.
e. Regularly scheduled meetings by other agencies and groups shall be
discouraged.
f. Meetings being held to advocate the election or re-election of a
particular candidate for political office shall not be allowed.
However, the Council Chamber may be used for a Candidate and/or
City Ballot Measure Forum where the public and all candidates and/or
proponents/opponents to a City ballot measure or candidates for a
particular public office have been invited. Any candidate/ballot
measure forums to be held in the Council Chamber shall not include
City staff services.
1.2 AGENDA
1.2.1 ESTABLISHING THE COUNCIL AGENDA
The purpose of the agenda is to provide a framework within which Council meetings can be
conducted and to effectively implement the approved Council Goals, Financial Plan and
Budget, and also work programs, objectives, and business of the City as established by the
present or earlier City Councils. Agenda items also include recommendations to the City
Council from advisory bodies, land use and zoning actions or appeals, bid and purchasing
procedures, and mandates from other levels of government. Staff shall work within the
policy context established by the Council and will not arbitrarily place matters on the agenda
that are outside the scope of existing work programs of the City, except as approved by the
Mayor, and permitted under the Charter sanctioned instructions for the City Manager to
inform and advise the Council of matters necessary to the proper operation and well-being
of the City.
The process for determining the format and order of the agenda is based primarily on the
order of business adopted by the City Council (See Section 1.2.7). The process for
establishing the order of specific business and public hearing items is a collaborative one
determined largely by anticipated public attendance (those matters involving greater
audience attendance should be scheduled ahead of other items). On a rotating basis,
individual members of the Council shall attend agenda review meetings with the City
Manager and department heads held on the morning of the City Council meeting to discuss
issues and to review upcoming agenda items. In addition, the City Manager, City Attorney
and City Clerk review the agenda materials with the Mayor. The final agenda is set subject
to the approval of the Mayor, after consultation with the City Manager, City Attorney and
City Clerk.
Council Policies & Procedures Manual 2013 2-5-13 Page 5
1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER)
Any Council Member may request an item be placed on a future agenda by submitting a
request, orally or in writing, to consider the matter and by discussing the request during the
Communications section of the regular agenda. Upon consensus of a majority of the
Council, staff will prepare a staff report if formal Council action is required. An individual
Council Member may place an urgency item on an agenda with a minimum of 72 hours
legal notice and a memorandum from the Council Member to the Council and staff setting
forth the substantive issues of the item. For the purpose of this paragraph, urgency shall
arise in those limited situations where an item requires immediate action, and the need to
take immediate action came to the attention of the Council Member subsequent to the
distribution of the agenda.
1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES)
Recommendations made by advisory bodies, as part of their normal scope of duties and
responsibilities, shall be timely placed on the City Council agenda by staff, who shall
comply with the City’s approved Council Agenda Preparation Policy. In the event that an
advisory body desires to bring a matter of special consideration to the City Council (new
ideas or concerns, for example), it may request that the item be placed on a future agenda by
submitting a written request to the Council approved by a majority of the advisory body
members and signed by the Chair. During Communications, any member of the Council
may ask for consideration of the request, and upon consensus of a majority of the Council, a
staff report will be prepared and approved by the City Manager or his/her designee.
1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC)
A member of the public may request an item be placed on a future agenda during the Public
Comment period at the beginning of every Council meeting, or via other communication
with Council Members, and upon consensus of a majority of Council, a staff report will be
prepared and approved by the City Manager or his/her designee.
1.2.5 EMERGENCY ITEMS
Emergency items may be placed on the agenda only in accordance with state law.
Generally, only those matters affecting public health or safety and coming to the attention of
the Council after the regular notice deadlines may be considered emergency in nature. A
four-fifths vote of Council is necessary to add an emergency item.
1.2.6 RECONSIDERATION
Resubmittal of issues previously acted upon is discouraged. However, in extraordinary
situations, a request to reconsider an action taken by the City Council may be considered.
The request must be presented by a Council Member who voted with the majority at the
Council meeting at which the original vote was taken. The vote may be reconsidered during
Council Policies & Procedures Manual 2013 2-5-13 Page 6
that meeting, but no later than the next Council meeting. Debate is limited to the question of
whether or not there is a majority of the Council interested in reconsidering the matter. If a
majority of the Council votes to reconsider an action, the matter will be placed on the next
or future agenda.
1.2.7 ORDER OF BUSINESS shall be as follows:
1.2.7.1 Call to Order
1.2.7.2 Pledge of Allegiance
1.2.7.3 Roll Call
1.2.7.4 Closed Session Report (if any)
1.2.7.4 Presentations
1.2.7.5 Appointments
1.2.7.6 Public Comment
1.2.7.7 Consent Agenda
1.2.7.8 Public Hearings and Business Items
1.2.7.9 Liaison Reports and Communications
1.2.8 NOTIFICATION AND ADVERTISING
The City will advertise all matters of significant neighborhood or community public interest
that appear on a City Council or Planning Commission agenda, as well as all matters where
advertising is required by law. Said advertisements shall include location maps, project
descriptions and posting of property, if required, written in plain English in order to fully
inform all interested individuals.
All advertising shall be accomplished in an economical manner. All affidavits of
publication shall be available to interested members of the public.
1.3 MEETING PROCEDURES
1.3.1 PRESIDING OFFICER
1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council meetings.
(Charter § 407)
1.3.1.2 In the absence or incapacity of the Mayor, the Vice Mayor will serve as
Presiding Officer.
1.3.1.3 Seating arrangement of the Council:
1.3.1.3.1 The Vice Mayor shall always be seated immediately next to the
Mayor.
1.3.1.3.2 The Mayor, with the approval of individual Council Members,
shall establish other seating arrangements for regular Council
Council Policies & Procedures Manual 2013 2-5-13 Page 7
meetings.
1.3.1.4 Signing of City Documents
The Mayor, unless unavailable, shall sign all ordinances, resolutions,
contracts and other documents which have been adopted by the City
Council and require an official signature, except when the City Manager
has been authorized by Council action to sign documents. In the event the
Mayor is unavailable, the Vice Mayor signature may be used.
1.3.2 QUORUM
A majority of the Council Members shall constitute a quorum for the transaction of
business. (Charter § 503)
1.3.3 DISCUSSION RULES
1.3.3.1 Obtaining the floor:
1.3.3.1.1 A member of the City Council or staff shall first address the
Presiding Officer and gain recognition.
1.3.3.1.2 Comments and questions shall be succinct and limited to the
issue before Council.
1.3.3.1.3 Cross-exchange between Council Members and public should
be avoided.
1.3.3.2 Questions to staff:
A Council Member shall, after recognition by the Presiding Officer,
address questions to the designated staff member. Council Members are
encouraged to provide questions to staff prior to meetings and also to
attend staff briefings on complex issues.
1.3.3.3 Interruptions:
1.3.3.3.1 Once recognized, a Council Member shall not be interrupted
while speaking, except to make a point of order or personal
privilege.
Council Policies & Procedures Manual 2013 2-5-13 Page 8
1.3.3.3.2 If a Council Member is called to order while speaking, the
individual shall cease speaking until the question of order is
determined.
1.3.3.3.3 Upon being recognized by the Presiding Officer, members of
staff shall hold the floor until completion of their remarks or
until recognition is withdrawn by the Presiding Officer.
1.3.3.4 Limitation on Discussion:
No Council Member shall speak more than once on a particular subject
until every other Council Member has had the opportunity to speak.
Council Members are encouraged to discuss items during the
decision-making process.
1.3.3.5 Tabling Procedure:
If a motion is made to table a matter, discussion will stop immediately and
a vote on the motion to table will be called for.
1.3.3.6 Right of Protest:
A Council Member is never required to state reasons for dissent.
1.3.3.7 Rules of Procedure:
The Council shall determine its own rules of procedure. (Charter § 504)
1.3.3.8 Council Minutes:
If a Council Member wishes a stated opinion to be entered in the minutes,
he/she should precede the statement with "for the record," or request the
City Clerk to enter it into the record following the statement.
1.3.4 PARLIAMENTARY PROCEDURE
Those rules in effect according to the City Council policy (State law and Robert's Rules).
The following summarizes the most frequently used actions.
Council Policies & Procedures Manual 2013 2-5-13 Page 9
1.3.5 PROTOCOL
1.3.5.1 Council Members and staff shall:
1.3.5.1.1 Work earnestly to preserve appropriate order and decorum
during all meetings.
1.3.5.1.2 Discourage side conversations, disruptions, interruptions or
delaying efforts.
1.3.5.1.3 Inform the Presiding Officer when departing from a
meeting.
1.3.5.1.4 Limit the use of personal electronic devices to urgent
personal matters while seated at the dais during Council
meetings.
1.3.5.1.5 During a public hearing, correspondence between Council
Members or between a member of the public and the
Council regarding the public hearing matter being
considered by the City Council must occur in the open and
any communications outside of the noticed public meeting
on which the Council member’s decision is based should be
disclosed during the public hearing.
1.3.5.2 Persons demonstrating rude, boisterous, or profane behavior will be called
to order by the Presiding Officer. If such conduct continues, the Presiding
Officer may call a recess, request the removal of such person(s) from the
Council Chamber, adjourn the meeting, or take such other appropriate
action as permitted by the Brown Act.
1.3.5.3 Only the City Council, staff, Advisory Body Chairs or designated
representatives, and those authorized by the Presiding Officer shall be
permitted to sit at the Council or staff tables.
1.3.5.4 Enforcement of order:
1.3.5.4.1 The Police Chief or his/her designee shall act as the
Sergeant-at-Arms.
1.3.5.4.2 Any Council Member may request the Presiding Officer to
Council Policies & Procedures Manual 2013 2-5-13 Page 10
enforce the rules of protocol. Upon motion and majority
vote, the Presiding Officer shall be required to do so.
1.3.6 VOTING PROCEDURES
1.3.6.1 When present, all Council Members shall vote, except in the case of a
recusal due to a conflict of interest. Failure of a seated Council Member
to vote will be construed as an affirmative vote. (Charter § 505)
1.3.6.2 No ordinance, resolution or motion shall be passed or become effective
without receiving the affirmative vote of at least three members of the
Council. (Charter § 506)
1.3.6.3 A conflict of interest shall be declared whenever appropriate and in
compliance with State law and the Council Member will step down and
not participate in the discussion or vote on the item.
1.3.6.4 A vote may be changed by a Council Member only immediately after the
vote has been announced and prior to the introduction of the next agenda
item.
1.3.6.5 The City Clerk shall restate the motion prior to the vote or request the
motion maker to restate the motion if required for Council or public
clarification.
1.3.6.6 A roll call (voice) vote shall be taken for each Council action and include
the following practice: the Mayor direct “Those in favor of the adoption
of the motion will, as their names are called, answer yes; those opposed,
will answer no; the City Clerk will call the roll for the roll call vote in the
following manner: 1) Maker of the motion; 2) Member who has
seconded the motion; 3) Additional Council members in alphabetical
order by last name; and 4) Mayor last. The City Clerk shall state for the
record the name of any Council member who is recused or has abstained,
which abstention will be counted as a vote with the majority, unless
legally required. The consent agenda will be considered a single action
for purposes of the roll call vote.
1.3.6.7 A general consent vote may be taken at the discretion of the Presiding
Officer, if there are no negative votes or objections by Council Members.
1.3.6.8 Upon the request of any member, the ayes and noes shall be taken and
Council Policies & Procedures Manual 2013 2-5-13 Page 11
recorded on any vote. (Charter § 505)
1.3.6.9 The ayes and noes shall be taken upon the passage of all ordinances and
resolutions and entered upon the journal of the proceedings of the Council.
(Charter § 505)
1.3.6.10 Following the vote, the Mayor shall announce whether the questions have
been carried or defeated.
1.3.6.11 Should a tie vote occur, the Council is required to continue the item by
majority vote or make motions until an action receives three affirmative
votes.
1.3.6.12 The Presiding Officer may publicly explain the effect of the vote for the
audience or may direct a member of the staff to do so.
1.3.7 PUBLIC COMMENT (Written and Oral)
Members of the public may address the City Council in a variety of ways. Written
comments on agenda items are encouraged. As a courtesy to the Council, citizens are
encouraged to present written comments at least one day prior to the meeting. This provides
the Council with a greater opportunity to review and consider issues and/or concerns
expressed in written communications prior to a meeting. Written comments received
before, at or during a Council meeting are included in the public record and posted to the
City’s website. (GC § 54957.5) Agenda Correspondence, in general, are correspondence
and other documents from the public, the City Council and City staff regarding Council
agenda items received after the agenda packets have been distributed. Agenda
Correspondences may take the following form: letters and emails from citizens; memos
of clarification or revision from City staff; liaison reports from the City Council;
communication items from City Council; late release or added -on agenda reports.
An Agenda Correspondence is date-stamped and stamped with the distribution stamp.
Agenda Correspondences are distributed by the City Clerk and made available for public
review as they are received.
The Mayor will invite comments from the public in support of, or in opposition to, specific
agenda items following the staff report. Oral communications on matters that are not on the
agenda may be provided during the Public Comment period at the beginning of every
regular meeting.
The following are guidelines for providing oral public comments:
Council Policies & Procedures Manual 2013 2-5-13 Page 12
1.3.7.1 Immediately prior to scheduled public hearings, members of the public
may address the City Council on items that are not on the printed agenda,
or items on the Consent Agenda. A time limit of three minutes is
provided. A speaker may not yield time to another speaker. A speaker slip
should be filed with the City Clerk, but is not required in order to speak.
1.3.7.2 Pursuant to the Brown Act, action may not be taken on issues not listed on
the agenda. Staff may be asked to follow-up on such items.
1.3.7.3 Individuals desiring to speak on an item on the agenda shall:
1.3.7.3.1 Address the Council from the podium after giving name and
city of residence. Speakers shall direct their comments to
the Council, not the audience.
1.3.7.3.2 Comment on the specific matter before the Council with
reasons for the position taken.
1.3.7.3.3 Limit comments to three (3) minutes until others have had
opportunity to address the Council. The Presiding Officer
with the consensus of Council Members, after all others have
spoken, may allow additional brief comment from speakers
who have already commented on the same agenda item. A
speaker may not yield their time to another speaker.
1.3.7.3.4 Shall register as Municipal Advocates, if they are testifying
as paid representatives, as defined in the Municipal Code
(2.64.020) and shall preface their comments by identifying
themselves as municipal advocates (2.64.050 & 2.64.070).
1.3.7.3.5 Shall avoid personal attacks, abusive language or other
disruptive behavior.
1.3.7.4 Applicants or applicant representatives or appellants desiring to speak
shall:
1.3.7.4.1 Submit speaker slips to the City Clerk.
1.3.7.4.2 Shall be permitted to speak first during the public comment
portion of the public hearing for not more than ten (10)
Council Policies & Procedures Manual 2013 2-5-13 Page 13
minutes.
1.3.7.4.3 Address the Council from the podium after giving their name
and address, and/or the name and address of the
applicant/appellant they are representing. If the
applicant/appellant’s representative is a paid municipal
advocate, they shall comply with Section 1.3.7.3.5 above.
1.3.7.5 After the comment period or public hearing is closed, no member of the
public shall be permitted to address the Council or the staff from the
audience, except at the discretion of the Presiding Officer.
1.3.8 CONSENT AGENDA
The Consent Agenda is generally first on the Council agenda and is provided to expedite the
meeting. Therefore, only items that are routine, relate to implementation of approved budget
items or to City operations, are second readings of ordinances, or are items to be later set for
public hearing are to be placed on the Consent Agenda. Items of significant neighborhood
or community public interest should be heard as a Public Hearing or Business item, and not
placed on the Consent Agenda.
1.3.8.1 Minor Questions. A Council Member may ask questions on any item
without it being pulled from the Consent Agenda. When a Council
Member has a minor question for clarification concerning a consent item
that will not involve extended discussion, the item may be pulled for
clarification at the beginning of the meeting and the questions will be
addressed along with the rest of the Consent Agenda. There should be no
objections at this time. Council Members are encouraged to seek
clarifications prior to the meeting (if at all possible).
1.3.8.2 No Vote. When a Council Member wishes to pull an item simply to
register a dissenting vote, a request should be made that the item be pulled
for separate vote without discussion. Such items will also be handled at
the beginning of the meeting along with the rest of the Consent Agenda.
1.3.8.3 Any item may be pulled by a Council Member for discussion. A member
of the public may request the Council to pull an item for discussion.
1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda unless a
majority of the Council chooses another time.
Council Policies & Procedures Manual 2013 2-5-13 Page 14
1.3.9 COMMUNICATIONS
1.3.9.1 The purpose of this time is to allow staff and Council to provide an update
or share information regarding a particular matter. Examples of
appropriate communications would be information of general interest
received from outside agencies, and comments or inquiries received from
individuals or from the public, or requests to agendize future items.
1.3.9.2 If possible, written material connected with a particular communication
item should be provided to the City Manager sufficiently in advance of the
meeting to be distributed with the regular agenda materials.
1.3.9.3 State law provides that Council can take action only on such matters that
have been noticed at least three days in advance of the meeting, unless
special circumstances are found to exist. Substantive debate or
deliberation or formal action or approval on non-agendized items is not
allowed, and such an item should be placed on the agenda of the next
regular meeting.
1.3.9.4 The communications period should not exceed 15 minutes and speaking
to a particular item should be limited to five minutes.
1.3.10 CLOSED SESSIONS (closed to the public)
1.3.10.1 Closed Sessions are regulated pursuant to the Brown Act.
1.3.10.2 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
which takes place in a closed session unless authorized by a four-fifths
vote of the Council, or as otherwise required by law.
1.3.10.3 Confidential materials provided for Closed Sessions must be returned to
the City Attorney by the conclusion of the Closed Session.
1.4 MEETING COVERAGE
The purpose of cablecasting meetings of the San Luis Obispo City Council is to enhance the
awareness and education of the general public regarding the actions and deliberations of the City
Council.
1.4.1 Coverage of City Council meetings shall be gavel-to-gavel; whether presented to
the public live or taped, Council coverage is not to be edited or subjected to
Council Policies & Procedures Manual 2013 2-5-13 Page 15
editorial comment.
1.4.2 All regular City Council meetings shall be cablecast, except for meetings or
portions of meetings which are closed to the public, or when the Council directs
otherwise.
1.4.3. Cameras used for the gavel-to-gavel coverage shall be owned by the City and
operated only by City employees or persons under contract with the City.
1.4.4 Cameras shall be operated so that they are focused only on the officially
recognized speaker, and on any visually displayed information they may be
showing.
1.4.5 “Reaction” shots will not be permitted.
1.4.6 The City Clerk’s minutes shall remain the official record of Council proceedings.
1.4.7 To assure timely information for the public, Action Updates shall be posted on the
City’s website as soon as possible.
Council Policies & Procedures Manual 2013 2-5-13 Page 16
CHAPTER TWO
COUNCIL COMPENSATION
Council compensation and benefits are established every other year by Council action after the
Council Compensation Committee conducts a biennial review and makes a recommendation. See
Section 6 of this Chapter.
2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS
Compensation for services rendered in an official capacity shall be established by resolution duly
adopted and consistent with the rules established in the Charter.
2.2 RETIREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE
The Mayor and Council Members shall be entitled to City-funded participation in P.E.R.S.
retirement. The City shall contribute an amount equivalent to that received by City department
heads monthly towards the Mayor and Council Members participation in PEMCHA, dental, vision
and life insurance. Any unexpended amount shall not be distributed to the Mayor and Council
Members in cash.
Individual Council members may waive any or all of the compensation provided to them. Such a
waiver shall affect only the individual choosing to waive compensation for the period of time
specified by that individual. An individual waiver shall not be binding on any other current or
future Council member. Should any Council member wish to make a change in their individual
compensation staff will return with the appropriate resolution to effectuate this change.
2.3 PROFESSIONAL DEVELOPMENT
Allowances shall be budgeted for the Mayor and each Council Member as follows:
2.3.1 PROFESSIONAL DEVELOPMENT – INCLUDING TRIPS AND
MEETINGS
For costs of professional development and educational conferences designed to improve
understanding of and proficiency in municipal affairs. Said allowance shall be used for
out-of-county expenses only and shall be reimbursed in accordance with accepted City
Travel Guidelines.
Council Policies & Procedures Manual 2013 2-5-13 Page 17
2.3.2 START-UP ALLOWANCE
An additional professional development allowance shall be budgeted to each new Mayor
and Council Member to help accelerate his/her comprehension of municipal and legislative
operations during the first 12 months following the taking of office and the amounts shall be
as set forth in the applicable financial plan adopted by the Council.
2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT
Quarterly allowances shall be budgeted for the Mayor and each Council Member as stated in the
Financial Plan.
2.4.1 CITY BUSINESS
For costs incurred in connection with official City business. Said allowance shall be used
for in-county expenses and shall include all meals, tickets, periodicals, dues, subscriptions,
and similar miscellaneous expenses.
2.4.2 MILEAGE
For official travel within the County of San Luis Obispo, reimbursement shall be made upon
submittal of an official mileage expense form:
2.5 GENERAL PROCEDURES AND LIMITATIONS
Appropriate budgetary practices and accounting controls shall be established to ensure that
expenditures and reimbursements are in compliance with approved budget allocations. The Mayor
and each Council Member is expected to plan business activities so as to stay within his/her budget.
When exceptional circumstances require that additional amounts be allocated to accounts, formal
Council action shall be required.
2.5.1 ACCOUNTING
An account shall be established in the name of each Council Member with all expenditures
charged to the individual Council Member or Mayor. If any account is depleted prior to the
end of the fiscal year, additional allocations shall require a specific action of the City
Council. Claims for reimbursement as specified in Section 2.4, above, may be submitted
monthly but the aggregate of three monthly claims may not exceed the quarterly maximum.
Receipts shall be submitted within the fiscal year. The Council budget shall be available for
review in the City Clerk's Office and the Mayor and Council Members shall receive periodic
statements.
Council Policies & Procedures Manual 2013 2-5-13 Page 18
2.5.2 REIMBURSEMENT LIMITATION
The City's adopted Travel Guidelines shall govern all expenditures for non-local
professional development and conferences. These guidelines include all non-local official
meals, tuition or fees, transportation to meeting sites, materials and telephone usage.
2.5.3 SPECIAL EXPENSES
For occasions when the Mayor and/or a Council Member is designated by the City Council
to represent the City at special meetings, reimbursement shall be made from an unallocated
Travel Expense Account.
2.5.4 OTHER GUIDELINES
Any other travel-related issue not specifically governed in these Policies and Procedures
shall be adjudicated in accordance with the City of San Luis Obispo adopted Travel
Guidelines.
2.5.5 DISCLOSURE AND REPORTING REQUIREMENTS
The Political Reform Act of 1974 (Government Code sections 87200) requires local public
officials to file a Statement of Economic Interest – Form 700 – to disclose certain
investments, interests in real property, sources of income, gifts, loans and business positions
when assuming office, annually and when leaving office.
2.6 COUNCIL COMPENSATION COMMITTEE
A five-member review committee shall be appointed no later than the last City Council meeting in
January in even-numbered years and shall bring its proposed recommendations in resolution form to
the City Council no later than the first City Council meeting in May.
2.6.1 MEMBERSHIP
The committee membership shall have as broad a representation as possible, including but
not limited to, one previously elected official, one Personnel Board member, and one
citizen-at-large.
Council Policies & Procedures Manual 2013 2-5-13 Page 19
2.6.2 REVIEW RESPONSIBILITY
The committee shall review the full Council compensation package including salary,
benefits, expense reimbursement, professional development allowances and any other
compensation provided the City Council. Review should include, but shall not be limited
to: 1) compensation of Council and Mayors of cities of similar population/budget size; 2)
compensation practices of both Charter and General Law cities; 3) Government Code
provisions for General Law cities; 4) Council and Mayor responsibilities in San Luis Obispo
at the time of the committee's review; and, 5) any structural changes that may have occurred
in municipal government either as a result of State legislation or by actions of the local
electorate that may have added to or deducted from the duties and responsibilities of the
Council Members and/or Mayor.
Council Policies & Procedures Manual 2013 2-5-13 Page 20
CHAPTER THREE
COUNCIL POWERS & APPOINTMENTS
3.1 MAYOR - POWER AND DUTIES
3.1.1 The Mayor shall preside at all meetings of the City Council and perform such other
duties consistent with the office as may be imposed by the Council or by vote of the
people. The Mayor shall be entitled to, and must vote when present, but shall
possess no veto power. As presiding officer of the Council, the Mayor will
faithfully communicate the will of the Council majority to the City Manager in
matters of policy. (Charter § 407)
3.1.2 The Mayor shall be recognized as the official head of the City for all ceremonial
purposes and by the Governor for military purposes. In time of public danger or
calamity, the Mayor shall take command of the public forces, maintain order, and
enforce laws. (Charter § 407)
3.1.3 The Mayor may order flags flown on City property to be lowered to half-staff in
mourning for any member of the community designated to have made significant
contributions to the City of San Luis Obispo, in accordance with recognized customs
or practices not inconsistent with State and Federal law.
3.1.4 The Mayor shall exercise such other powers and perform such other duties as may
be prescribed by law or ordinance or by resolution of the Council, except as limited
by this Charter. (Charter § 407)
3.1.5 The Mayor may solemnize marriages while in office, (Family Code Section 400.1).
All rules and regulations for the rental of City facilities would apply.
3.2 APPOINTMENT OF VICE MAYOR
The appointment of the Vice Mayor shall be for a one-year term and is made on a rotational basis,
the appointment going to the next senior member. The Vice Mayor shall be appointed at the first
meeting in December.
3.3 FILLING COUNCIL VACANCIES
3.3.1 APPOINTMENT OR SPECIAL ELECTION
Per City Charter Section 406, the Council shall by a majority vote of the remaining Council
Members, appoint a replacement member to the Council within 30 days of the occurrence of
the vacancy. If the Council fails to fill the vacancy within thirty (30) days of its occurrence,
Council Policies & Procedures Manual 2013 2-5-13 Page 21
it shall call a special municipal election to fill the vacancy, to be held not sooner than ninety
(90) days or not later than one hundred and fifty (150) days following the occurrence of the
vacancy.
3.3.2 PUBLIC APPOINTMENT
In order that the public may know how its business is being conducted, all phases of the
Council process to appoint a replacement member to a vacancy shall be conducted in public.
3.3.3 ADVERTISE FOR APPLICANTS
At least ten days before Council meets the first time to select a replacement member for a
vacancy, the City shall advertise in a local newspaper of general circulation describing the
vacancy and term thereof, requesting applications from those persons interested in being
appointed. In the case of a vacancy due to a current Council Member elected to the Mayor’s
seat, the City Clerk may advertise the vacancy once the County Registrar of Voters has
certified the election results.
3.3.4 QUALIFICATIONS
Although the only two established minimum qualifications for appointment are (1)
residency in the City for at least 30 days prior to appointment, and (2) elector status at the
time of appointment (Charter § 403), each applicant shall submit a written statement of 500
words or less covering at least the following areas:
3.3.4.1 The amount of time available each week to devote to the Council.
3.3.4.2 Reasons for wanting to be appointed.
3.3.4.3 Involvement in community affairs and organizations, especially in the
preceding 23-month period.
3.3.4.4 Personal qualifications for the position.
3.3.4.5 Prior experience in government, or areas associated with or doing business
with government.
3.3.5 PUBLIC MEETING
3.3.5.1 At a time(s) selected by the Council, a meeting open to the public shall be
held by the Council to consider the selection of an applicant to fill the
vacancy.
Council Policies & Procedures Manual 2013 2-5-13 Page 22
3.3.5.2 The applications shall be given to the Council and be available to the
public at least four days before the opening of the meeting.
3.3.5.3 Members of the public may submit written comments regarding an
application at any time up to 24 hours before the meeting begins.
3.3.5.4 At the meeting, each applicant wishing to serve should be present to verify
that he/she would be willing to serve if appointed, and that he/she is a
resident of the City. Each candidate will be given five minutes to make a
presentation to Council.
3.3.5.5 Thereafter, all discussion shall be confined to the Council except for
questions directed by the Council to staff or to members of the public.
3.3.5.6 Upon the conclusion of such discussion, the Mayor shall open the floor to
nominations by the remaining Council Members. All nominations,
seconding, and voting, shall be done audibly in public.
3.3.5.7 If Council is unable to reach consensus on the appointment and further
consideration is required, Council may adjourn the initial meeting to a
subsequent meeting within 30 days of the occurrence of the vacancy to
attempt to reach a decision.
3.4 ADMINISTERING OATHS: SUBPOENAS
Each member of the Council shall have the power to administer oaths and affirmations in any
investigation or proceeding pending before the Council. The Council shall have the power and
authority to compel the attendance of witnesses, to examine them under oath and compel the
production of evidence before it. Subpoenas may be issued in the name of the City and be attested
by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than
constitutional grounds), shall be deemed contempt and shall be punishable as provided by the
general laws of the State. (Charter § 507)
3.5 LIMITATIONS
No member of the Council shall be appointed to or serve as a voting member of any City
advisory body, whether composed of citizen volunteers, City employees, or a combination of both.
This is not to be construed as prohibiting members of the Council from serving on Committees or
Subcommittees of the Council itself, or of agencies representing other levels of government.
(Charter § 508)
Council Policies & Procedures Manual 2013 2-5-13 Page 23
3.6 METHOD OF ACTION BY COUNCIL
All action by the Council shall be taken only by means of ordinance, resolution, or oral motion duly
made and passed.
Ordinances that prescribe rules applicable generally within the jurisdiction shall become a part of
the Municipal Code and so remain until amended or voided. All municipal laws relating to taxation
or to possible criminal action against an offender shall be in the form of ordinances.
Resolutions shall be serially numbered and filed sequentially in the Office of the City Clerk.
Oral motions shall be recorded only in the minutes of any regular or special meeting of the Council.
(Charter § 601)
3.7 ORDINANCES
The consideration and adoption of ordinances shall be in accordance with the Charter and relevant
state law. Ordinances not legally required to have a public hearing shall be set for a public hearing
if the subject matter is controversial or of a special nature. Any Council Member, prior to the time
required for notice and publication, may request the City Manager to set a public hearing on an
ordinance.
No ordinance, resolution or other motion shall be passed or become effective without receiving the
affirmative vote of at least three members of the Council. (Charter § 506)
3.8 ACCEPTANCE OF GRANTS OR DEEDS
The Mayor and Vice Mayor of the City of San Luis Obispo are hereby authorized to accept and
consent to the recording of any deed or grant conveying any interest in or easement upon real
property to the City of San Luis Obispo.
3.9 LEGISLATIVE ACTION PROGRAM
The City has adopted an aggressive legislative program to strengthen local government, promote
City goals, and defend the City against legislative actions by state and federal governments that
would weaken local government or take away traditional revenue sources. In order to respond
promptly and proactively to fast-paced legislative changes, the City Council has authorized City
staff to take positions on legislation provided the positions are consistent with the Legislative
Action Priorities established annually by the City Council, and/or resolutions or
recommendations of the League of California Cities.
Council Policies & Procedures Manual 2013 2-5-13 Page 24
3.10 AMICUS CURIAE PARTICIPATION
The City is frequently requested to join as amicus curiae (friend of court) in cases of statewide
significance to cities. Because of the often short time limits for filing amicus curiae briefs, the
City Council has authorized the City Attorney to participate in such briefs, at no cost to the City,
if the Legal Advisory Committee of the League of Calif ornia Cities has urged participation.
(Resolution No. 8443)
Council Policies & Procedures Manual 2013 2-5-13 Page 25
CHAPTER FOUR
THE BROWN ACT
4.1 APPLICABILITY AND PENALTIES
The entire City organization conducts its business in compliance with the Ralph M. Brown Act,
State Government Code Sections 54950. The intent of the Act is to ensure that deliberations and
actions of local public agencies are conducted in open and public meetings. The law provides for
misdemeanor penalties for members of a body who violate the Act (GC § 54959). In addition,
violations are subject to civil action (GC § 54960). A current copy of the Act will be provided to all
Council Members assuming office, but the provisions that most directly affect the Council are
summarized in this Chapter.
4.2 MAJOR PROVISIONS
4.2.1 APPLICABILITY
The Act applies to Council, City staff and all bodies that advise Council. (GC § 54952.2)
4.2.2 MEETINGS
All meetings shall be open and public.
4.2.2.1 A meeting takes place whenever a quorum (three or more members) is
present and information about the business of the body is received;
discussions qualify for a meeting.
4.2.2.2 Serial meetings take place when any member of Council or City staff
contact more than one other Council Member for the purpose of
deliberating or acting upon an item pending before the City Council (does
not apply to the public or media).
4.2.2.3 Correspondence that merely takes a position on an issue is acceptable.
(GC § 54953)
4.2.3 AGENDAS
Agendas for regular meetings must be posted 72 hours in advance of the meeting and must
meet statutory requirements. (GC § 54954.2)
Council Policies & Procedures Manual 2013 2-5-13 Page 26
4.2.4 ACTIONS
No action shall be taken on any item not appearing on the posted agenda. Exceptions:
4.2.4.1 An emergency situation exists (determined by a majority of the Council).
4.2.4.2 The need to take action came to the attention of the City subsequent to the
agenda being posted (determined by 2/3 vote, i.e. 4 votes, of the Council;
or if less than 2/3 are present, by unanimous vote).
4.2.4.3 The item was continued to another meeting that was scheduled and posted
within five days of the original agenda. (GC § 54954.2)
4.2.5 PUBLIC INPUT
The public has an opportunity to address the Council on any item of interest to the public
that is within the jurisdiction of the Council. The City has the right to establish time limits
on speakers and the total time allocated for a particular issue. (GC § 54954.3)
4.2.6 PUBLIC DISRUPTIONS
The Presiding Officer may call a recess if a speaker or group of speakers become unruly
and/or interferes with the orderly conduct of the meeting.
A portion or all of the public may be removed if willful disruption makes conducting the
meeting "unfeasible"; the press may remain unless they participate in the disruption. (GC §
54957.9)
4.2.7 CORRESPONDENCE
All writings received and/or distributed for discussion or consideration at a public meeting
are public records. (GC § 54957.5)
4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS:
4.2.8.1 Real Property. The purchase, sale, exchange or lease of real property with
the City's negotiator; the real property and the person(s) with whom the
City may negotiate must be announced in open session prior to the closed
session. (GC § 54956.8)
4.2.8.2 Litigation pending or a significant exposure to litigation, or the decision to
initiate litigation. The litigation or title must be identified in open session
prior to the closed session unless the Council states that to do so would
Council Policies & Procedures Manual 2013 2-5-13 Page 27
jeopardize its ability to conclude existing settlement negotiation or
effectuate service of process. A confidential memorandum from the City
Attorney must be submitted to Council no earlier than one week of the
closed session. (GC § 54956.9)
4.2.8.3 Compensation (salaries and benefits) of employees. To review its position
and instruct designated representatives. (GC § 54957.6)
4.2.8.4 Personnel. The appointment, employment, evaluation of performance, or
dismissal, of a public employee, or to hear complaint against the
employee, unless the employee requests a public hearing. (GC § 549576)
4.3 SPECIAL MEETINGS
Special Meetings may be called by the Mayor or a majority of the Council, with strict notification
requirements delivered to the media and Council 24 hours before the time of the meeting. (GC §
54956)
4.4 EMERGENCY MEETINGS
Emergency meetings may be called without the normal 24 hour notice and posting requirements
if prompt action is required due to the disruption or threatened disruption of public facilities.
Only work stoppages, crippling disasters or other activities that severely impair the public health
and/or safety qualify for emergency meetings. (GC § 54956.5.)
4.5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE
BROWN ACT
City email is no less a part of “official city business” than any other written correspondence, and
there is no expectation of privacy for City email messages. Good judgment and common sense
should therefore prevail at all times regarding its appropriate use. For further detail, please see the
City’s “Electronic Mail Policy” and Chapter 5 of this manual.
City email is subject to disclosure under the Public Records Act and is subject to the requirements
of the Brown Act. While the Brown Act does not prohibit the use of email to make individual
contacts between members of the Council, or the public or staff, great care should be taken to avoid
the use of email to contact a majority of the Council, either individually or serially, “in a connected
plan to engage in collective deliberation on public business.”
4.6 OTHER PROVISIONS
The Brown Act provides for many other restrictions and requirements; this chapter is intended
Council Policies & Procedures Manual 2013 2-5-13 Page 28
merely as a Council summary and overview of the Act, and nothing in this Chapter supersedes the
provisions of the Brown Act. Since State law constantly changes, it is important to ensure Council
has the latest information. Additional information may be obtained from the City Attorney and/or
the City Clerk.
Council Policies & Procedures Manual 2013 2-5-13 Page 29
CHAPTER FIVE
COUNCIL/STAFF RELATIONSHIPS AND CONDUCT
5.1 INTENT
The City Council as a whole retains full power to accept, reject, amend, influence, or
otherwise guide and direct staff actions, decisions, recommendations, workloads and
schedules, departmental priorities, and the conduct of City business.
This chapter addresses the relationship and conduct between Council Members and staff
with the intent of the Council to: 1) affirm that governing shall be by will of the collective
Council, and 2) establish guidelines for Council and staff to ensure orderly, consistent and
open City government.
5.2 GUIDELINES FOR COUNCIL MEMBERS
The Council shall recognize that the primary functions of staff are to execute Council policy
and actions taken by the Council, and to keep the Council informed.
5.2.1 REQUESTS FOR INFORMATION
Individual Council Members as well as the Council as a whole shall be permitted complete
freedom of access to any information requested of staff, and shall receive the full
cooperation and candor of staff in being provided with any requested information.
Council Members shall make routine requests for information through the appropriate
department head. Complex or comprehensive requests for information shall be made
through the City Manager.
5.2.2 DIRECTION TO STAFF
Generally, Council Members shall make requests for work to be done through the City
Manager. Individual members of the Council shall make no attempt to pressure or influence
staff decisions, recommendations, workloads, schedules, or departmental priorities without
the prior knowledge and approval of the Council as a whole.
5.3 GUIDELINES FOR STAFF
Staff shall recognize that its primary function is to execute Council policy and to keep the
Council informed. Staff shall present the Council with all relevant information, as well as
alternatives, in an objective, succinct manner. The City Manager and staff are committed to
treating each Council Member equally.
Council Policies & Procedures Manual 2013 2-5-13 Page 30
5.3.1 TIMELY RESPONSE
City staff will make every effort to respond in a timely and professional manner to all
requests made by individual Council Members for information or assistance, provided that,
in the judgment of the City Manager the request is not of a magnitude, either in terms of
workload or policy, which would require that it more appropriately be assigned to staff
through the collective direction of the City Council. In terms of making this judgment, the
following guidelines should be considered: The request should be specific and limited in
scope so that staff can respond without altering other priorities and with only minimal delay
to other assignments; the request should only impose a "one-time" work requirement, as
opposed to an on-going work requirement; the response to the request should not require a
significant allocation of staff resources (generally defined as consisting of more than one
staff person, or a single staff person working on the issue in excess of 1-2 hours).
5.3.2 DIRECTION FROM COUNCIL
Staff is obligated to take guidance and direction only from the Council as a whole or from
the appropriate management superiors as may be the case. Staff is directed to reject any
attempts by individual members of the Council to unduly influence or otherwise pressure
them into making, changing or otherwise suppressing staff decisions or recommendations,
or changing departmental work schedules and priorities. Staff shall report such attempts to
influence them in confidence to the City Manager, who may inform the Council as a whole
of such attempts.
5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS
An exception to the above guidelines may be staff work required in support of a Council
Member designated by the City Council to represent the City in an intergovernmental role
(e.g., membership on Joint Powers Authority), or relative to a special assignment (e.g., a
special task force).
5.3.4 INFORMATION DISTRIBUTION
In cases where a staff response to an individual Council Member request involves written
material that may be of interest to other Council Members, the City Manager will provide
copies of the material to all other Council Members. In making this judgment, the City
Manager will consider whether the information is significant or new or otherwise not
available to the Council or of interest to the Council.
Council Policies & Procedures Manual 2013 2-5-13 Page 31
5.3.5 SIGNIFICANT INFORMATION
Any information, service-related needs, or policy positions perceived as necessary by
individual Council Members, which cannot be fulfilled per the above guidelines, should be
raised by the individual Council Member under the "Communications" category of a
regularly scheduled City Council meeting. If so directed by the collective action of the
Council, then staff will proceed to complete the work within Council established deadlines.
5.4 ACCESS TO COMMUNICATIONS / TECHNOLOGY SYSTEMS
The City will provide each Council Member with equal and appropriate communications
and technological devices to facilitate their public service and within the confines of the IT
standards for hardware and software specifications.
5.4.1 TELEPHONES
The City will provide at their request, each Council Member with direct access to the City’s
telephone system from their homes. Information Technology (IT) staff will coordinate
installation of a telephone line and a telephone with voice mail and fax capability for
Council Member use at home while in office. The City’s Telephone Use Policy applies to
Council Member use of these telephones.
5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY
The City will provide each Council Member, at their request, with a complete computer
workstation and related City-standard software for their home use while in office. These
computers and software will be upgraded or replaced pursuant to the City’s computer
replacement policy. Council Member access and use of the City's IT is subject to all City
guidelines concerning the use of its information technology resources. The most
important of these are:
The City information systems exist solely for the purpose of conducting City
business, not intended for personal use.
All data (including electronic mail messages) is owned by the City and subject to
public disclosure.
All software and hardware installations should be made by IT staff on City-owned
machines only. Except for screensavers, personal software is not allowed on City
workstations; and all application software must be owned by the City and used in
compliance with all software licensing agreements.
All City information technology policies are included in the Information Technology
Policies and Procedures Manual, which is available for Council Member review upon
Council Policies & Procedures Manual 2013 2-5-13 Page 32
request.
5.4.3 SECURITY
Each Council Member shall have a uniquely assigned user name and password for
security purposes. While this cannot guarantee privacy, confidentiality, or data security,
it is an important component of the City’s overall system protection. Passwords should
never be shared with others.
5.4.4 INTERNET ACCESS
Council Members are authorized to use the City Internet connection, which includes
electronic mail, for the purpose of conducting City business and communicating with the
public. The City Internet Access and Use Policy is applicable to Council Members.
5.4.5 ELECTRONIC MAIL (EMAIL)
Council Members will have access to the City electronic mail (Email) system that will allow
Email communication internal to the City and with others via the Internet. Email
correspondence sent and received by members of the City Council via the City website are
public records and subject to disclosure. The City Electronic Mail Policy is applicable to
Council Members.
5.4.6 SUPPORT RESPONSIBILITIES
5.4.6.1 IT staff is responsible for installing all remote access hardware and
software, including computer workstations, printers, telephones and fax
machines, and for removing them at the end of the Council Member’s
term of office.
5.4.6.2 Administration will coordinate training on standard City application
software, technical support and service, and provide related office
supplies.
5.4.7 COUNCIL MEMBER RESPONSIBILITIES
Council Members are responsible for using City information technology resources in
accordance with the City’s normal policies, procedures, and guidelines.
Council Policies & Procedures Manual 2013 2-5-13 Page 33
5.5 COUNCIL MAIL HANDLING
All incoming mail addressed to the Mayor and Council Members, will be handled by the City
Clerk’s staff in the following manner:
5.5.1 PAPER AND ELECTRONIC MAIL, PUBLIC RECORD
Both paper and electronic mail addressed to Council members and delivered to
City Hall, or any other City building or facility, or via any City equipment,
account, or network, is presumed to be a public record, subject to retention and
disclosure requirements as set forth in the City’s Records Retention Policy and the
California Public Records Act, unless an express legal exemption or privilege
applies. Council members shall consult with the City Attorney prior to
withholding or destroying any document or correspondence received in
connection with their service for the City, except as specified herein. Electronic
mail is additionally subject to the City’s Electronic Mail policy and Sections 5.4.2
and 5.4.5. Electronic mail will be retained and accessed in accordance with
applicable laws and City Information Technology policies.
5.5.2 “PRIVATE, PERSONAL, CONFIDENTIAL” MAIL
Paper mail addressed to an individual Council member and marked “private,”
“personal” or “confidential” shall be date stamped on the envelope or package and
shall be logged in by City Clerk’s staff in a manner that records the date of
receipt, method of delivery, sender (if reflected on the face of envelope or
package received), and recipient. The original will then be placed in the
addressee’s City mailbox unopened. If mail has not been retrieved from the
Council member’s mailbox within 2 business days, such mail shall be retrieved by
City Clerk’s staff and handled in accordance with Section 5.5.3.
5.5.2.1 Once opened and reviewed by the Council member, any
correspondence that reflects any comment, complaint, inquiry, or request
that is or may be related to any matter of City business shall, within 2
business days, be copied as the Council member deems appropriate and
the original document delivered to the City Clerk for handling in
accordance with Section 5.5.3. Personal notes (e.g. birthday or holiday
cards) that do not implicate City business need not be provided to staff or
retained pursuant to Section 5.5.3.
5.5.3. PROCESS FOR PAPER MAIL
All paper mail sent to Council (either as a group or to each Council Member) will
be opened, date stamped and the envelope will be stapled to the back of the
Council Policies & Procedures Manual 2013 2-5-13 Page 34
correspondence. Copies of each correspondence will be scanned and distributed
to Council via an email as soon as possible. The original will be filed in the City
Clerk’s office consistent with the City’s document retention policy.
5.5.3.1 Any public correspondence received on behalf of Council that
requires staff to follow up with a response on an issue unrelated to a
current agenda item will be distributed to Council per Section 5.5.3. Once
the written response is prepared by the appropriate department (normally
within two weeks) it will be sent to the person who initiated
correspondence with the City Council, and all Council Members will
receive a copy of the response. Items that require staff follow-up include,
but may not be limited to, complaints, information requests, service
requests, or other similar correspondence. Responses should be provided
in the manner they were received (e.g. an e-mail response is appropriate
for e-mail received, and a written response is appropriate for letters
received in the mail).
5.5.3.2 Any public correspondence received on behalf of Council that is
related to a current agenda item will be handled via the Agenda
Correspondence procedure as stated in Section 1.3.7.
Council Policies & Procedures Manual 2013 2-5-13 Page 35
CHAPTER SIX
ADVISORY BODY PROCEDURES
6.1 COUNCIL LIAISON SUBCOMMITTEE MEMBERS
6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES
Subcommittee liaisons to advisory bodies are selected annually by the full Council, usually
in December. The Mayor and Vice Mayor shall submit recommendations to the full
Council, rotating nominations for Council Member Subcommittees, thereby ensuring an
opportunity for each member to serve as liaison at least once on each advisory body, when
possible. When terms of office do not allow each member to serve once, members with
greatest seniority shall have first right of selection.
6.1.2 ROLE
Council liaisons do not serve as ex-officio members of the advisory bodies, but rather as a
conduit to express the position of the Council and to gain a better understanding of the
issues considered by the advisory body.
6.1.3 COMMUNICATION
The purpose of the liaison assignment is to facilitate communication between the Council
and advisory body.
6.1.4 EDUCATION
Increase the Council's familiarity with the membership, programs, and issues of the advisory
body.
6.1.5 APPOINTMENT RECOMMENDATION
Interview applicants and make recommendations for appointments to the full Council.
6.1.6 ATTENDANCE
From time to time, attend advisory body meetings for observation purposes only. Liaison
members should be sensitive to the fact that they are not participating members of the
advisory body, but are there rather to create a linkage between the City Council and advisory
body. In interacting with advisory bodies, Council Members are to reflect the majority view
of the Council as a whole, rather than their own personal opinions.
Council Policies & Procedures Manual 2013 2-5-13 Page 36
6.2 COUNTY OR REGIONAL REPRESENTATION
Annually, the Mayor shall make appointments to a variety of County and/or regional
committees and boards. One member of the Council shall serve as a voting representative
and one member shall serve as alternate. (See 6.6.2 for appointment procedures.) Voting
delegates shall reflect the majority view of the Council as a whole, rather than their own
personal opinions.
6.3 OTHER COUNCIL SUBCOMMITTEES
Council may establish subcommittees of no more than two members to address areas of
concern and/or study.
6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS
6.4.1 INTENT
To honor advisory body deliberations, views and positions on issues before Council;
enhance communications between Council and their advisory bodies; and allow
participation and input by advisory body members.
6.4.2 COUNCIL AGENDA REPORTS
6.4.2.1 Recommendation Differences. For those rare occasions when the City
Manager recommendation differs from an advisory body
recommendation, the difference should be clearly noted in a separate
paragraph following the City Manager recommendation. The Discussion
section contains information relating to the advisory body
recommendation.
6.4.2.2 The minutes of the advisory body item are included as an attachment to
the Agenda Report.
6.4.3 COUNCIL MEETINGS
6.4.3.1 On appeals or items brought by or through the advisory body, the Chair
(or Vice Chair, when the Chair is not available) may be seated next to the
department head. The department head makes the introduction; then the
Chair of the advisory body makes a brief presentation, representing the
position of the advisory body.
Council Policies & Procedures Manual 2013 2-5-13 Page 37
6.4.3.2 Other members of the advisory body are free to appear and give testimony
before Council using the public microphone, after identifying whether
they are speaking as a representative of the advisory body or as a private
citizen.
6.4.4 RECOMMENDATIONS
Recommendations or Reports to Council must be in written form.
6.5 ROLE OF CITY STAFF PERSONS
Staff support and assistance may be provided or made available, but advisory bodies do not have
supervisory authority over City employees. While they may work closely with advisory bodies,
staff members remain responsible to their immediate supervisors and ultimately to the City Manager
and Council. The members are responsible for the functions of the advisory body and the
chairperson is responsible for committee compliance with the policies outlined in the Advisory
Body Handbook.
Staff support includes preparation of a summary agenda after approval by the Chairperson, and
preparation of agenda reports providing a brief background of the issue, a list of alternatives,
recommendations, and appropriate backup material, if necessary. Members of advisory bodies are
volunteers and should be treated with respect and courtesy. Advisory body members should have
sufficient information to reach decisions based upon a clear explanation of the issues. The assigned
staff person or designee serves as Secretary, taking minutes as needed.
It is important that advisory bodies wishing to communicate recommendations to the City Council
do so through adopted or approved Council agenda procedures. Staff members shall assist the
advising body Chair to insure appropriate legal review or City and State legislation is in compliance.
6.6 APPOINTMENT PROCEDURES
The following procedures shall be the policy of the City Council in regard to appointment of
volunteer citizens to the various advisory bodies of the City.
6.6.1 PURPOSE
The establishment of these procedures shall insure that well-qualified, responsible and
willing citizens are given the opportunity to serve the City and participate in the governing
of their community. These procedures will apply to all appointments and reappointments to
standing advisory bodies.
Council Policies & Procedures Manual 2013 2-5-13 Page 38
6.7 PROCESS
6.7.1 QUALIFICATIONS
6.7.1.1 With the following exceptions, only residents who are registered
voters within the City limits are eligible to apply to an advisory
body. Exceptions include the Tourism Business Improvement
District (TBID) Board, one representative from the TBID Board
serving on the Promotional Coordinating Committee, the Cal Poly
employee and student representatives serving on the MTC, and
members of the Housing Authority. In addition, part- or full-time
City officials and management employees are not eligible to
apply.
6.7.1.2 The applicant must be at least 18 years of age at the time of
appointment.
6.7.1.3 No member of the Council may be appointed to any office created by
or the compensation of which is increased by the Council, while a
member thereof, until one year after the expiration of the term for
which elected. (Charter §409)
6.7.2 TERMS
6.7.2.1 The term of office for each appointee to an advisory body shall be
from one year to a maximum of four years. The length of a term is
dictated by the principle that no more than two terms on any
committee shall expire each year.
6.7.2.2 No appointee shall serve on the same advisory body for more than
two consecutive, full terms (eight years), but may subsequently serve
on another advisory body unless noted otherwise. Exceptions include
the Housing Authority, Jack House Committee and Construction
Board of Appeals, which do not have term limits.
6.7.2.3 After a one-year interval, persons may reapply to serve on the same
advisory body.
6.7.2.4 Mid-term appointment to a vacant seat shall not preclude the
appointee from serving two additional consecutive full terms,
provided that the initial, partial term served is less than one year.
Council Policies & Procedures Manual 2013 2-5-13 Page 39
6.7.2.5 Other Advisory Bodies. As a general policy, an applicant shall not be
appointed to serve on more than one advisory body, except that a
member may also serve on one technical or special-purpose1
committee at the same time he or she is serving on a non-technical or
non-special-purpose committee. Except as noted, a member will be
expected to resign from one body upon being appointed to another.
6.7.3 PROCESS
6.7.3.1 Applications are obtained and filed with the City Clerk’s Office.
6.7.3.2 In December of each year, the City Clerk shall advise the City
Council of the terms that are due to expire on each advisory body.
The City Clerk shall also notify each advisory member whose term is
due to expire. Each of these members shall be given the opportunity
to apply for reappointment unless the member has then served a total
of eight (8) years on that advisory body.
6.7.3.3 The City Clerk shall post/publish advertisements and take other
recruitment steps in accordance with statutory requirements and as
appropriate, inviting citizens to apply for vacant positions and provide
instructions regarding the application process.
6.7.3.4 Applicants will be encouraged to read the Advisory Body Handbook
and attend at least one meeting prior to the interview with the Council
Liaison Subcommittee.
6.7.3.5 The subcommittee shall interview qualified applicants, inviting the
advisory body Chair to attend (if the Chair is being considered for
reappointment, the Council Liaison Subcommittee shall designate
another representative).
6.7.3.6 The Council Liaison Subcommittee shall submit recommendations for
appointment to the entire Council. If a unanimous decision for
recommendation to the full Council cannot be reached, the Council
shall take a separate motion for each candidate proposed by each
member of the Council Liaison Subcommittee.
6.7.3.7 Applicants not appointed will be so advised and their applications
held for consideration in the event of a future vacancy for no less than
1 Technical and special purpose committees are formed to address defined subjects and frequently require members
with specific areas of expertise.
Council Policies & Procedures Manual 2013 2-5-13 Page 40
one year. Should a vacancy occur on the committee to which they
applied, the City Clerk’s office will contact qualified applicants to
determine whether they want to be reconsidered for the vacancy.
However, advertisement of the vacancy must be made in accordance
with statutory requirements and all applicants will be considered for
the vacancy.
Council Policies & Procedures Manual 2013 2-5-13 Page 41
CHAPTER SEVEN
COUNCIL CONFIDENTIALITY POLICY
7.1 PURPOSE AND PROHIBITION AGAINST DISCLOSURE
7.1.1 PURPOSE AND INTENT
In order to keep the City Council fully informed about pertinent legal issues that may
impact the City Council's decision-making, the City Attorney and other attorneys
retained to represent the City issue confidential legal opinions and/or conducts closed
sessions when authorized to do so by the Brown Act. Unauthorized disclosures of
confidential information obtained from such confidential communications harm the City
by compromising the City’s negotiating positions, diminishing the willingness of City
staff and other Council members to communicate fully and frankly with the City
Attorney, and exposing the City to unwarranted litigation risks and significant damages
awards against the City. It is the intent of the Council that the City’s confidential
information shall be maintained inviolate and that unauthorized disclosures of such
information be deterred and/or censured.
7.1.2 PROHIBITION AGAINST DISCLOSURE
No person in receipt of Confidential Information, as defined herein, shall disclose or
cause to be disclosed all or part of any confidential information to any unauthorized
person.
7.2 PUBLIC CENSURE FOR UNAUTHORIZED DISCLOSURE
Any Councilmember disclosing or causing to be disclosed confidential information to
any unauthorized person may be subject to public censure by the City Council. Any
censure proceeding shall be conducted in accordance with a process established by the
City Council and shall, at a minimum, ensure that no public censure will occur unless the
accused Councilmember has been provided with notice of the accusation of unauthorized
disclosure, the facts supporting such accusation, and an opportunity to be heard regarding
the allegations.
7.3 DEFINITIONS
For purposes of this policy, the following words and phrases shall be defined as follows:
Council Policies & Procedures Manual 2013 2-5-13 Page 42
7.3.1. CAUSE TO BE DISCLOSED
Failure to exercise due care in maintaining the confidentiality of the Confidential
Information, whether verbal or written.
7.3.2 CONFIDENTIAL INFORMATION
7.3.2.1 Any information within the scope of a duly authorized closed session,
whether provided orally or in writing, by any attorney, consultant, staff
member or Council member acting within the scope of the closed session
(See Gov't. Code Sec. 54963); or
7.3.2.2 Any oral or written communications by or from the City Attorney,
Assistant City Attorney, or any retained counsel representing the City’s
legal interests containing the attorney's legal opinions, advice, thoughts,
mental impressions or conclusions that are given on behalf of the City.
7.3.2.3 Confidential Information does not include information that is: required by
law to be reported out of closed session; authorized to be disclosed by a
majority vote of the City Council; or otherwise authorized to be disclosed
under the law.
7.3.3 UNAUTHORIZED PERSON
7.3.3.1 With respect to confidential information communicated during a closed
session, any person, other than a Councilmember, not in attendance at the
closed session; or
7.3.3.2 Any person to whom the oral or written confidential information is not
directed or addressed; or
7.3.3.3 Any person who has a disqualifying conflict of interest in the subject
matter of the confidential information.
7.3.3.4 Unauthorized person does not include Charter Officers and Department
Heads and the staff of Charter Officers and Department Heads, when such
persons have a need to know the confidential information in order to
discharge the duties of their positions for the benefit of the City.
Council Policies & Procedures Manual 2013 2-5-13 Page 43
CHAPTER EIGHT
COUNCIL CENSURE POLICY
8.1 PURPOSE OF CENSURE POLICY
In order to deter violations of law and serious violations of adopted City policies, the City
Council may take formal action against its members for such misconduct in the form of censure.
8.2 DEFINITIONS
8.2.1. CENSURE
Censure is a formal Resolution of City Council reprimanding one of its own members for
specified conduct, generally a violation of law or of City policy where the violation of policy is
considered to be a serious offense. Censure should not follow an occasional error in judgment,
which occurs in good faith and is unintentional. Censure carries no fine or suspension of the
rights of the member as an elected official, but a censure is a punitive action that serves as a
punishment for wrongdoing.
8.3 CENSURE PROCEDURE
8.3.1 Any member of the City Council may submit, in writing to the Chair of the
Personnel Board, a complaint and request for a censure hearing concerning an alleged violation
of law or serious violation of City policies by another member.
8.3.2 Prior to any formal action by the City Council to censure a member, the person
against whom censure is sought is entitled to due process of law, which requires notice and the
opportunity to be heard and to refute the evidence against him or her, by means of a censure
hearing.
8.3.3 The complaint shall contain specific factual allegations and any supporting
evidence of specific conduct alleged to violate existing law or adopted City policies. The
Personnel Board within 30 business days shall review the record and either (1) issue an advisory
opinion to the Council; or (2) conduct further investigation and/or a hearing on the matter.
8.3.4 A copy of the complaint and request for censure shall be provided to the accused
Council member as soon as possible following receipt, but in no event less than 72-hours prior to
the meeting of the Personnel Board at which the complaint and request for a censure hearing will
be considered.
8.3.5 The Personnel Board shall consider whether additional investigation is necessary
and, if so, shall appoint an ad hoc committee to complete the necessary investigation and make a
written report of the investigation to the full Board.
Council Policies & Procedures Manual 2013 2-5-13 Page 44
8.3.6 The ad hoc committee will determine the process by which statements are taken.
Witnesses may choose to provide a signed declaration under penalty of perjury attesting to his or
her knowledge of the facts surrounding the allegations. If a witness is unwilling to submit such a
declaration, the Council may issue a subpoena to compel the witness testimony before the
Personnel Board, consistent with its subpoena power granted under the City Charter.
8.3.7 The Personnel Board and ad hoc committee, if necessary, shall be staffed by the
Assistant City Attorney and such other administrative support staff as may be necessary to assist
in its investigation and report to the Council.
8.3.8 Upon completion of its review of the complaint and any additional investigation
the committee shall determine if, considering all the facts and evidence, there is sufficient
evidence to believe or not believe that the alleged violation of law or serious violation of adopted
City policy occurred. The Personnel Board shall make a written report to the Council stating the
specific law or policy alleged to have been violated, and summarizing the complaint, evidence,
and the results of any additional investigation. The Board shall also make a recommendation to
the Council that the complaint is supported by sufficient evidence of a violation of law or serious
violation of adopted City policy to warrant a censure hearing, or, alternatively, that the complaint
is not supported by sufficient evidence of a violation of law or serious violation of adopted City
policy to warrant a Council censure hearing.
8.3.9 If the Personnel Board determines that the allegations are supported by sufficient
evidence and a censure hearing is warranted, the City Clerk shall be notified and shall set the
matter for a public censure hearing before the City Council; if the Personnel Board concludes
that the allegations are not supported by sufficient evidence and a censure hearing is not
warranted, the Board’s recommendation will be forwarded to the City Council and no further
action taken, unless the City Council directs, by a majority consensus of the City Council during
Council Communications, the matter to be placed on its agenda for further consideration. In
either case, a copy of the final report shall be provided to the accused member at the same time it
is provided to the City Council.
8.3.10 If a public hearing is set before the City Council, it shall be at least 14 days
following the Personnel Board’s recommendation in order to give the member subject to censure
adequate time to review the allegations and evidence against him or her and prepare a defense,
but no longer than 30 days from the date of the Personnel Board’s recommendation .
8.3.11 At the hearing, the subject member shall be given an opportunity to make an
opening statement, closing statement, and to question his or her accusers. The hearing shall not
be a formal adversarial hearing and the Rules of Evidence shall not apply to the proceeding.
The subject member may choose to be represented and to designate his or her representative to
speak on his or her behalf.
Council Policies & Procedures Manual 2013 2-5-13 Page 45
8.3.12 A City Council decision to censure requires the adoption of a Resolution making
findings, based on substantial evidence that the member has engaged in conduct that constitutes a
violation of law or a serious violation of an adopted City policy. The Resolution must be
affirmed by at least three affirmative votes of the Council. The accused Council member shall
not participate in the City Council’s deliberations after the public hearing is closed or in any vote
by the City Council on the proposed censure.