HomeMy WebLinkAboutReso 155-2021 (21-615)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Igo
Resolution: RES 155-2021
File Number: 21-615 Enactment Number: RES 155-2021
RESOLUTION APPROVING AMENDMENTS TO THE
CITY OF SOUTH SAN FRANCISCO CITY COUNCIL
PROCEDURES AND PROTOCOLS HANDBOOK.
WHEREAS, the City Council adopted a City of South San Francisco City Council Handbook
on September 13, 1989, which established operating procedures and general policies of the City Council;
and
WHEREAS, the City Council adopted amendments to the City Council Handbook on
November 28, 2007, February 25, 2009, October 14, 2009, February 10, 2010, February 23, 2011,
November 9, 2011, June 24, 2015, and November 30, 2016.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco hereby approves the attached amended version of the City Council Procedures and Protocols
Handbook and Appendices (Exhibit A).
At a meeting of the City Council on 8/25/2021, a motion was made by Vice Mayor Nagales,
seconded by Councilmember Coleman, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, Councilmember
Colema and Councilmember Flores
Attest by & aL
Govea Acosta, City Clerk
City of South San Francisco Page 1
CITY OF SOUTH SAN
FRANCISCO
CITY COUNCIL
PROCEDURES AND
PROTOCOLS HANBOOK
Prepared by:
Office of the City Clerk
Rosa Govea Acosta
Updated: 08/25/2021
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South San Francisco City Council Procedures and Protocols Handbook Table of Contents
INTRODUCTION............................................................................................................. 4
Mission Statement ........................................................................................................... 4
Core Values ..................................................................................................................... 4
CITY COUNCIL ............................................................................................................... 5
Core Responsibilities....................................................................................................... 5
Council Conduct .............................................................................................................. 5
Newly Elected Members ................................................................................................. 6
Council Reorganization ................................................................................................... 6
Mayor .............................................................................................................................. 6
Vice-Mayor (Mayor Pro-Tempore) ................................................................................. 6
Presiding Officer ............................................................................................................. 6
Seating ............................................................................................................................. 7
Administration of Oaths .................................................................................................. 7
Subpoenas........................................................................................................................ 7
Councilmember Obligation as to Continued Matters ...................................................... 7
Absences from Council Meetings ................................................................................... 7
Council Committees ........................................................................................................ 8
Compensation of Councilmembers ................................................................................. 8
Council Mail .................................................................................................................... 8
Staff Assistance ............................................................................................................... 9
Council Conduct with staff ........................................................................................... 10
Equipment and Supplies provided to Councilmembers ................................................ 10
Requests to add items to the Agenda, Ordinances, or Legal Opinions ......................... 10
City Seal ........................................................................................................................ 11
CONCURRENT ROLES ............................................................................................... 11
Successor Agency to the Redevelopment Agency ........................................................ 11
Recreation and Park District ......................................................................................... 11
Willow Gardens Parks and Parkways Maintenance District ......................................... 12
South San Francisco Public Facilities Financing Authority ......................................... 12
CONFLICT OF INTEREST .......................................................................................... 12
BROWN ACT.................................................................................................................. 12
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South San Francisco City Council Procedures and Protocols Handbook Permitted Closed Sessions ............................................................................................ 14
MEETINGS ..................................................................................................................... 15
Quorum.......................................................................................................................... 16
Regular Meetings .......................................................................................................... 16
Special Meetings ........................................................................................................... 16
Emergency Meetings ..................................................................................................... 16
Adjourned Meetings ...................................................................................................... 17
Closed Sessions ............................................................................................................. 17
Study Sessions ............................................................................................................... 17
Teleconference Meetings .............................................................................................. 17
Virtual Meetings ............................................................................................................ 19
Meeting Cancellation .................................................................................................... 19
CONDUCT OF MEETINGS ......................................................................................... 19
Agenda Order ................................................................................................................ 19
Call To Order and Roll Call ......................................................................................... 20
Order of Business ......................................................................................................... 20
Continued Items ........................................................................................................... 20
Introduction of Items after 11:00 p.m. .......................................................................... 20
Presentations.................................................................................................................. 20
Councilmember Participation ........................................................................................ 20
Public Participation ....................................................................................................... 21
Decorum ........................................................................................................................ 22
Smoking Prohibited ....................................................................................................... 23
COUNCIL ACTIONS .................................................................................................... 24
Proclamations ................................................................................................................ 24
Commendations/Certificates of Recognition ................................................................ 24
Ordinances ..................................................................................................................... 24
Resolutions .................................................................................................................... 24
Motions.......................................................................................................................... 25
Minute Orders ............................................................................................................... 25
Finality of Administrative Actions ................................................................................ 25
MINUTES ........................................................................................................................ 25
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South San Francisco City Council Procedures and Protocols Handbook BASIC PROCEDURES – MAIN MOTIONS .............................................................. 26
PARLIAMENTARY PROCEDURE MOTIONS ........................................................ 26
Processing of Motions ................................................................................................... 26
Precedence of Motion.................................................................................................... 26
Types of Motions/Purpose ............................................................................................ 27
Division of Question ..................................................................................................... 29
Robert’s Rules of Orders ............................................................................................... 29
Parliamentarian.............................................................................................................. 30
VOTING .......................................................................................................................... 30
Disqualification ............................................................................................................. 30
Tie Votes ....................................................................................................................... 30
Voting Requirements for Specific ................................................................................. 30
PUBLIC HEARINGS ..................................................................................................... 31
BOARD AND COMMISSIONS .................................................................................... 32
Procedures for Making Appointments and Reappointments......................................... 33
Procedures for Granting Emeritus Status ...................................................................... 34
Council of Cities/City Selection Committee ................................................................. 35
POLICY ON EXPRESSION OF CITY OR COUNCIL POSITIONS ...................... 35
POLICY ON COMMUNITY FUNDING ..................................................................... 36
POLICY ON DEDICATION OF PUBLIC FACILITIES .......................................... 36
APPENDIX ..........................................................................................................................
Appendix 1: Selection of Mayor and Vice-Mayor/Council Reorganization……….….37
Appendix 2: Guide to Conducting Meetings................................................................. 38
Appendix 3: City Council Expense Reimbursement Forms…………………………...39
Appendix 4: Summary of Elected Officials Benefits .................................................... 40
Appendix 5: City Council Policy for use of telecommunication equipment ................ 41
Appendix 6: Solicitation of Donations .......................................................................... 42
Appendix 7: Staff Liaisons to Boards and Commissions .............................................. 43
Appendix 8: Board and Commission Roster ................................................................. 44
Appendix 9: Commissions, Boards, and Committees Application Process .................. 45
Appendix 10: City Council’s Reimbursement policy ................................................... 46
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South San Francisco City Council Procedures and Protocols Handbook INTRODUCTION
The City of South San Francisco is a municipal corporation. South San Francisco is a general
law city, established pursuant to California law, with a City Council-City Manager form of
government. In order to collect and clarify its procedures and policies, and as provided by
Government Code Section 36813, the City Council establishes this handbook.
The Handbook is intended to assist Councilmembers in carrying out their roles, as well as to
provide useful information to prospective Councilmembers and other interested citizens.
Through agreement of the City Council and staff to adhere to these practices, the effective
administration of City Council affairs is greatly enhanced. Councilmembers will be provided a
copy of and be familiar with the Handbook. The City Council will conduct its meetings in
accordance with the guidance in the Handbook.
The City Clerk shall be responsible for the maintenance of the Handbook and for making it
available to the public. It is anticipated that this Handbook will be reviewed at least biennially, in
order to reflect either changes in the law or City Council procedure or policy. This handbook is
not intended to be a legal statement, and is not written in legal term
MISSION STATEMENT
The City of South San Francisco’s mission is to provide a safe, attractive, and well-maintained
city through excellent customer service and superior programs, and a work ethic that will
enhance the community’s quality of life.
To that end, we will strive to nurture a partnership with the community by recruiting a diverse
and highly skilled workforce, being an active partner in quality education, and attracting and
retaining a prosperous business community, all of which will foster community pride and
understanding.
CORE VALUES
The City and Employees of South San Francisco value our role in providing service to
one another and the community.
As an organization, we are committed to:
• Strengthening each other and the organization through dedication and teamwork.
• Recognizing and respecting diversity and encouraging opinions of the community
and workforce.
• Excellence in Service.
• Encouraging creativity and supporting problem-solving.
• Accepting responsibility and accountability.
• Demonstrating integrity and honesty in all aspects of service.
• P romoting and maintaining open and constructive communication.
• Encouraging skill development and professional growth.
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South San Francisco City Council Procedures and Protocols Handbook CITY COUNCIL
South San Francisco is a general law city. As a general law city, South San Francisco derives its
authority from and is subject to the general laws of the State of California. Its authority to
regulate is limited to those powers authorized by the State of Constitution and laws adopted by
the State Legislature. South San Francisco has a five-member City Council formally elected at
large to four-year terms on a staggered biennial basis. Councilmember terms are staggered so
that a measure of continuity is maintained in the transition from one City Council to the next. In
November 2020, voters elected Councilmembers for Districts 2 and 4. In November 2022, voters
will elect Councilmembers for Districts 1, 3, and 5, pursuant to Government Code Sections
34486 and 34871 and Chapter 2.16 of the Municipal Code.
CORE RESPONSIBILITIES
All members of the City Council, including those serving as Mayor and Vice-Mayor, have equal
votes. No Council Member has more power than any other Council Member, and all should be
treated with equal respect.
All Council Members:
∗ Demonstrate honesty and integrity in every action and statement.
∗ Comply with both the letter and spirit of the laws and policies affecting the operation
operations of government.
∗ Serve as a model of leadership and civility to the community.
∗ Inspire public confidence in South San Francisco government.
∗ Work for the common good, not personal interest.
∗ Prepare in advance of Council meetings and be familiar with issues on the agenda.
∗ Fully participate in City Council meetings and other public forums while demonstrating
respect, kindness, consideration, and courtesy to others.
∗ Participate in scheduled activities to increase Council effectiveness.
∗ Review Council procedures, such as these Council Protocols, at least annually.
∗ Represent the City at ceremonial functions at the request of the Mayor.
∗ Be responsible for the highest standards of respect, civility and honesty in ensuring the
effective maintenance of intergovernmental relations.
∗ Respect the proper roles of elected officials and City staff in ensuring open and effective
government.
∗ Provide contact information to the City Clerk in case an emergency or urgent situation
arises while the Council Member is out of town.
COUNCIL CONDUCT
Councils are composed of individuals with a wide variety of backgrounds, personalities, values,
opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to
improve the quality of life in the community. In all cases, this common goal should be
acknowledged even as Council may "agree to disagree" on contentious issues.
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South San Francisco City Council Procedures and Protocols Handbook NEWLY ELECTED MEMBERS
Newly elected Council Members are sworn into office generally at a special meeting in
December following a regular municipal election. Newly elected members of a legislative body
who have not yet assumed office must conform to the requirements of the Brown Act as if
already in office. Thus, meetings between incumbents and newly elected members of a
legislative body, such as a meeting between two outgoing members and a member-elect of a
five-member body, could violate the Brown Act (California Government Code Section 54952.1).
Immediately upon election (even before being sworn into office), newly elected Council
Members are subject to the provisions of the Brown Act.
A reception is traditionally held immediately following the reorganization meeting.
COUNCIL REORGANIZATION
The city council shall meet at least annually to choose one if its members as Mayor and one of its
members as Vice-Mayor. The meeting to determine organization or reorganization of the City
Council (i.e., selection of Mayor and Vice-Mayor) shall be held on the Tuesday that immediately
precedes the Wednesday of the first regularly scheduled meeting of the City Council in
December, unless the Mayor or City Council select a different date. In years in which a regular
City Council election occurs, the reorganization shall follow certification of the election results.
MAYOR
The City utilizes a mayoral rotation system in order to determine which Councilmembers shall
be chosen to serve a Mayor and Vice-Mayor. The Mayor is elected during the Council
reorganization. This is the first order of business. Usually, in recent times, the former Vice-
Mayor has been elected Mayor. Appendix 1: Example of the process and order of the
reorganization meeting.
The Mayor is the official head of the City of South San Francisco for all ceremonial purposes.
The Mayor is entitled to vote on all matters but does not possess any veto power. The Mayor
signs all ordinances and approved minutes for all City Council meetings. The Mayor must
execute such documents as directed by vote of the Council. Appendix 2: Sample guide to
conducting Council meetings.
VICE-MAYOR (MAYOR PRO TEMPORE)
The Vice-Mayor is elected from those on the Council after the election of the Mayor during the
same meeting. In the absence of the Mayor, the Vice-Mayor possesses the powers and performs
the duties of the Mayor.
PRESIDING OFFICER
The Mayor presides at all Council meetings. In the absence of the Mayor, the Vice-Mayor is the
presiding officer. If both the Mayor and Vice-Mayor are absent, the remaining Councilmembers
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South San Francisco City Council Procedures and Protocols Handbook select a presiding officer. The presiding officer should preserve strict order and decorum at all
meetings. The presiding officer votes on all questions as do other members of the Council.
The presiding officer determines all points of order, subject to the right of any member to appeal
to the Council. If any appeal is taken, the question is "Shall the decision of the presiding officer
be sustained?" A majority vote sustains the presiding officer's determination. Otherwise, the
ruling is reversed. If in doubt on a point, the presiding officer may submit the question to the
Council, in which case a majority vote prevails.
SEATING
The Mayor always sits in the middle seat at all formal Council meetings. The Vice-Mayor
always is seated immediately on the right side next to the Mayor.
ADMINISTRATION OF OATHS
The Mayor may require any person addressing the Council to be sworn as a witness and to testify
under oath, and must so require if directed to do so by a majority of the Council. The Mayor
may administer oaths. This rarely occurs. Appeals and revocation hearings are the most likely
instances when testimony is taken under oath. Appendix 3: Oath
SUBPOENAS
The Council has the power and authority to compel the attendance of witnesses, to examine them
under oath and to compel the production of evidence. Subpoenas signed by the Mayor and
attested by the City Clerk may be issued in the name of the City. Disobedience of a subpoena or
the refusal to testify on other than constitutional grounds may be deemed contempt.
COUNCILMEMBER OBLIGATION AS TO CONTINUED MATTERS
Any matter may be continued to a subsequent meeting. When a Councilmember is absent from
an earlier meeting at which a matter is discussed and that matter is continued, it is the duty of
that member to become acquainted with the issues discussed by reviewing relevant documents,
reading any available minutes and, if possible, listening to or viewing the recording of the
meeting.
ABSENCES FROM COUNCIL MEETINGS
On occasion a Councilmember cannot attend a Council meeting. Whenever a Councilmember
knows in advance that he or she will be absent from a Council meeting, it is the responsibility of
that member to notify the City Manager and City Clerk as soon as possible of the impending
absence.
California Government Code Section 36513 provides that if a Councilmember is absent from all
regular City Council meetings without permission for sixty (60) days consecutively from the last
regular meeting attended, (or seventy (70) days if the Council meets once a month), the seat held
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South San Francisco City Council Procedures and Protocols Handbook by that Councilmember becomes vacant. The law is silent about the basis for granting or
denying permission to be absent. Such a determination is left to the Council as a whole.
COUNCIL COMMITTEES
The Council may organize among its members such standing committees of two members as it
may determine useful, each of which shall act as a fact-finding committee for the purpose of
considering all available information on proposed legislation or matters of policy referred to it
and shall make recommendations to the Council as a whole.
The Mayor shall assign each Councilmember to various standing committees. Members are
appointed in January of each year. Participation and attendance at those committee meetings is
important. Continued absences from meetings without good cause may result in removal from a
committee at the discretion of the Mayor, taking into consideration advice from other committee
members.
From time-to-time ad hoc committees may be organized by the Mayor to address special
concerns which may be of short duration. Additionally, each Councilmember may be assigned
by the Mayor as liaison to various boards, committees and commissions, and other public
agencies or quasi-public agencies.
It is the prerogative of the Mayor, taking into consideration relative length of Council service,
individual Councilmember preference and equivalency, to assign individual Councilmembers to
various committees.
COMPENSATION OF COUNCILMEMBERS
Each member of the City Council receives a monthly salary as provided for in Chapter 2.12 of
the Municipal Code, Government Code Section 36516, as amended. Salaries are payable at the
same time and in the same manner as salaries are paid to other officers and employees of the
City.
The established salaries are exclusive of any amount payable to each member of the Council as
reimbursement for actual and necessary expenses incurred in the performance of official duties
for the City. Appendix 10: City Council’s Reimbursement policy.
Councilmembers are members of the Public Employees’ Retirement System and also receive
Social Security coverage during their term of office. They also are provided with various
insurance benefits. (Appendix 4: Summary of benefits) Attendance at pertinent meetings,
conferences or seminars will be reimbursed in the same manner as for city employees.
COUNCIL MAIL
Except when mail is marked “confidential”, the City Manager is authorized to receive and open
all mail addressed to Councilmembers, and to give it immediate attention. Mail specifically
marked “personal” or “confidential” will be transmitted to the Councilmembers unopened.
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South San Francisco City Council Procedures and Protocols Handbook Administrative business referred to in mail opened by the City Manager and not requiring
Council action is promptly attended to and Councilmembers are informed of both the issue and
its disposition.
Any communication relating to a matter coming or pending before the Council will be included
in the agenda packet for the meeting at which the item is to be considered.
STAFF ASSISTANCE
Governance of a City relies on the cooperative efforts of elected officials, who set policy, and
City Staff, which analyze problems and issues, make recommendations, and implement and
administer the Council’s policies. Therefore, every effort should be made to be cooperative and
show mutual respect for the contributions made by each individual for the good of the
community.
In order to effectively discharge the responsibilities of elected office, Councilmembers are
entitled to receive assistance from city employees. It is the role of Councilmembers to pass on
concerns and complaints on behalf of their constituents. It is not, however, appropriate to
pressure staff to solve a problem in a particular way. It is also recognized that under the
Council/Manager form of government, the City Manager has the responsibility of day-to-day
affairs of the City, consistent with established Council policy.
Requests and questions of City staff should be directed only to the City Manager or designee.
The City Manager should be copied on any request to Department Heads. Council Members
should not set up meetings with department staff directly, but work through the City Manager’s
Office. Routine, easily retrievable information will be provided to a requesting Councilmember
as expeditiously as possible.
The Mayor in consultation with the City Manager, shall Any request, which would require more
than one hour of staff time to research a problem or prepare a response, will need to be approved
by the full council to ensure that staff resources are allocated in accordance with overall council
priorities. Once notified that a request for information or staff support would require more than
one hour, the Council Member may request that the City Manager place the request on an
upcoming Council agenda or request consent from the Council at an upcoming Council meeting
during Council/Comment requests portion of the meeting.
Councilmembers are not permitted to direct the activities of city staff. Avoid any staff
interactions that may be construed as trying to shape staff recommendations. Council Members
shall refrain from coercing staff in making recommendations to the Council as a whole.
All critical comments about staff performance should only be made to the City Manager through
private correspondence or conversation.
Councilmembers serving on intergovernmental bodies receive the assistance of staff assigned by
the City Manager. The primary responsibility of assigned staff is to review issues before the
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South San Francisco City Council Procedures and Protocols Handbook intergovernmental body as they may affect the City and advise and assist the Councilmember in
presenting issues.
Requests for assistance for speech and correspondence preparation should be made through the
City Manager. Administrative assistance is made available for the preparation of written
materials. Each member of the Council is given equal consideration. However, since it is the
Mayor's responsibility to correspond with persons and organizations on behalf of the City, the
correspondence work of the Mayor is given priority.
Correspondence to political organizations or persons in support of pursuit of political office is
not to be prepared using city resources.
COUNCIL CONDUCT WITH STAFF
Treat All Staff as Professionals: Clear, honest communication that respects the abilities,
experience, and dignity of everyone is expected. As with Council colleagues, practice civility
and decorum in all interactions with City staff.
Do Not Attend Staff Meetings Unless Requested by Staff: Even if the Council Member does not
say anything, the Council Member’s presence may imply support, show partiality, intimidate
staff, or hampers staff’s ability to do its job objectively
Political Support from Staff During Elections: During the time period between the close of the
candidate filing period and the related election, certain guidelines apply. First, staff shall not,
except as provided herein, compile or distill information in response to request for information
from a candidate for elective city office including a sitting elected official. Second,
Councilmembers and other elected city officials may continue to request information that
requires the creation of new documents or distillation of data if the request for such data is
presented to and approved by the Council. Third, any public information provided to a candidate
for an elected city office shall be provided to all candidates for that office. In addition, some
professionals (e.g., City Manager and the Assistant City Manager) have professional codes of
ethics, which preclude politically partisan activities or activities that give the appearance of
political partisanship.
Responses to a Councilmember’s request for information shall be distributed to all
Councilmembers.
EQUIPMENT AND SUPPLIES PROVIDED TO CITY COUNCIL
The City provides Councilmembers with a computer, cellular telephone, iPad and a credit card.
The City Council should use city-provided equipment consistent with the City Council policy for
use of telecommunications equipment. Appendix 5: City Council Policy for use of
telecommunication equipment. City issued credit cards shall only be used for city expenses.
Councilmembers should submit receipts for their expenditures to the City Manager’s office and
should make a notation as to the nature of the expense. The City will not reimburse
Councilmembers for the cost of attendance to any political event.
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South San Francisco City Council Procedures and Protocols Handbook
REQUESTS FOR AGENDA ITEMS OR FOR ORDINANCES OR LEGAL OPINIONS
To ensure all Council Member views are represented, council agendas contain sections titled
"Council Comments/ Requests" and “Items from Council – Committee Reports and
Announcements”. These portions of the meeting allow any Council Member to request an
agenda item for a future meeting and allow the City Council to have a short discussion on the
request (but not on the substance of the item). Any request must include an explanation of the
issue and the goal of the proposed Council discussion. If a majority of the Council Members
indicate support for the request at that time, then the item shall be placed on a future agenda.
Upon support for the request, the Council will provide direction to staff on information that is
desired to be presented when the item is placed on a future agenda.
Requests by Councilmembers to have items included on the agenda should be made to the City
Manager. Any Councilmember may request the City Manager or the City Attorney prepare a
proposed ordinance.
Any Councilmember may request a written legal opinion from the City Attorney directly, or may
make the request through the City Manager.
All proposed ordinances or written legal opinions will be distributed to all members of the
Council so that all Councilmembers may be fully informed of city matters. A Councilmember
with a conflict of interest on the particular issue shall not be provided a copy of the opinion or
ordinance.
CITY SEAL
The term "city seal" is used to refer to two different items: the official corporate seal and the city
logo which appears on business cards, letterhead, and so forth.
The corporate seal, which is in the custody of the City Clerk, is a stamp which leaves a visible
and tactile impression upon a document. The seal is circular, has a two-inch diameter and the
words "Seal of the City of South San Francisco Incorporated September 19, 1908". Use of the
corporate seal is mostly a matter of custom and ceremony.
The city logo appears frequently and is what most people identify as the city seal. It is circular,
exists in a variety of sizes, says "City of South San Francisco California" and has a detailed
rendering of city scenes in the center. It is used to associate items and materials with the City
and is not to be used in any manner which would imply the official sanction of the City when
such is not the case. For other than official city business or city-related activities, the logo/seal
may not be used to imply that a user represents or is in any way officially associated with the
City except by specific written authorization of the City Manager.
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South San Francisco City Council Procedures and Protocols Handbook CONCURRENT ROLES
Members of the City Council serve as members of other entities operating on behalf of South
San Francisco.
Successor Agency to the Redevelopment Agency
The former Redevelopment Agency was established in 1979 and dissolved on February 1, 2012.
Pursuant to Assembly Bill x1 26 (“AB 26”), which amended provisions of the State’s
Community Redevelopment Law (Health and Safety Code sections 330000 et seq.) (“Dissolution
Law”), the members of the City Council serve as the members of the Successor Agency to the
former Redevelopment Agency of the City of South San Francisco (“Successor Agency”).
Dissolution defines the roles and duties of the Successor Agency.
Recreation and Park District
Originally established in 1950 as the Park, Recreation and Parkway District, this entity was
reorganized as the Recreation and Park District in 1961 in conformance with Public Resources
Code Section 5780 et seq. The City Council serves as the board of directors, which may
organize, promote, conduct and advertise programs of community recreation, establish, maintain
and operate recreation centers, parks and parkways, and provide transportation services.
Willow Gardens Parks and Parkways Maintenance District
The City Council is the governing body for the City’s share of the property tax allocated towards
the Willow Gardens Parks and Parkways Maintenance District, and the City Council serves as
the board of directors of this district.
South San Francisco Public Facilities Financing Authority
The City Council is the governing body of the authority. The authority shall be a public entity
separate from the City and Parking Authority as established in the joint exercise of powers
agreement, which may assist in the financing and refinancing of capital improvement projects of
the members and other activities of the members as permitted.
CONFLICT OF INTEREST
The City is required to adopt a Conflict-of-Interest Code, which is reviewed every two (2) years
and amended when circumstances change. (Government Code Sections 87300-87313),
Councilmembers are prohibited by law (1) from having a financial interest in contracts made by
them in their official capacity or by the Council (Government Code Section 1090 et seq.) and (2)
from making, participating in making, or in any way attempting to use their official positions to
influence a governmental decision in which they know or have reason to know they have a
financial interest. (Political Reform Act, Government Code Section 87100 et seq.) Contracts
entered in violation of conflict-of-interest provisions are void, and financial penalties are
imposed for the failure to disclose.
Whenever the Council is about to commence consideration of a matter and a member has or has
reason to believe he or she has a conflict of interest, the reason must be disclosed on the record, a
statement of intent to abstain must be made, and the Councilmember must leave the Council
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South San Francisco City Council Procedures and Protocols Handbook seating area and refrain from participation on the item. Once a year, and within thirty (30) days
of assuming office, Councilmembers must file disclosure statements indicating potential
conflicts of interest for both the Councilmember and the Councilmember’s spouse and dependent
children.
Councilmembers unsure about potential conflicts are encouraged to discuss such issues with the
City Attorney in advance of the Council meeting for which the item is scheduled. While the City
Attorney will advise Councilmembers on conflict-of-interest issues, only the Fair Political
Practices Commission, by written letter, can confer immunity from subsequent enforcement
action.
Councilmembers may occasionally desire to assist in soliciting donations on behalf of a city-
sponsored event. In such circumstances, the Councilmember and Council should follow the
process set forth in California Code of Regulations Section 18944.2. Appendix 6: Solicitation of
Donations.
BROWN ACT
The Brown Act, (Government Code Section 54950 et seq.) authored by Assemblyman Ralph D.
Brown in 1953, focuses on keeping the public business in the public's eye and governs many of
the processes which must be followed with regard to notices, agendas, and the conduct of
meetings. It attempts to strike a balance between public access to the activities of a public body
and the need for candor, debate and information gathering.
With few exceptions, the law provides that all the deliberative processes be open and available
for public scrutiny. It defines meetings broadly as a gathering of a quorum where business is
discussed or transacted. An informal gathering, such as a social event, is not a meeting unless
official business is discussed. Among Councilmembers, a series of telephone calls, emails or
texts, a conference call, mass emailing or texting or any other informal session in which
substantive matters are discussed, may constitute a meeting under the Act. A series of telephone
calls, emails or texts, either by one Councilmember to all of the others or one by each
Councilmember as a link in a chain may be determined to be a meeting if substantive matters are
discussed.
As part of the notice requirements, the Brown Act requires the posting of an agenda, at least
seventy-two (72) hours prior to a regular meeting, containing a brief general description of each
item of business to be transacted. As of January 1, 2019, Assembly Bill 2257 (“AB 2257”)
requires online posting of an agenda for a meeting. No action may be taken on any item not
appearing on the posted agenda. "Action taken" is defined as a vote, collective decision,
commitment or promise by a majority of the body. According to the Attorney General, an item
which is merely discussed, with no decision as to how the matter should be resolved, would not
constitute taking action. Similarly, brief discussions of procedural or preliminary matters which
are not substantive in nature (e.g. instruction to staff to report back, scheduling of meetings and
items) are not prohibited. A standing committee of the City Council is also subject to the Brown
Act notice requirements.
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South San Francisco City Council Procedures and Protocols Handbook There are several exceptions to the agenda requirement. First, action may be taken on a matter
determined to be an emergency. Second, if at least two-thirds of the Councilmembers (i.e.
effectively four members) approve, an item may be included on the agenda if the need to take
action arose after the agenda was posted. Or, if less than two-thirds of the Councilmembers are
present, a unanimous vote of those present is needed to include the item that requires immediate
action. Third, action may be taken on an item which was previously posted in connection with a
meeting which occurred no more than five (5) days prior, provided the prior meeting was
adjourned to the new date.
Under the Brown Act, the Mayor or three members of City Council may call a special meeting
by providing twenty-four (24)-hour advance notice to all the Councilmembers and to all media
representatives who have requested notice in writing. The notice may be delivered personally or
by any other means. The notice must state the time, place, and business to be transacted with an
opportunity for the public to address the Council on that item. The notice must be posted in a
public and freely accessible location. No other business may be considered at a special meeting.
Emergency meetings may be held if there is a work stoppage or other activity which severely
impairs public health, safety or both, or if there is a crippling disaster. The twenty-four (24)-
hour notice and posting is not required in such situations; however, newspapers radio and
television stations must be notified at least one (1) hour prior to the meeting if telephone service
is still available.
Closed sessions are permitted in a limited number of instances, subject to specific rules and
regulations. Though closed sessions are permitted, they must be included on the regular or
special meeting agenda with a brief description of the matters to be discussed. Specific language
to describe the actions to be discussed is statutorily defined and, when used, ensures compliance
with the Brown Act. (See Government Code Sections 54954.5; 54956 et. seq.; 54957 et. seq.)
Closed session may not occur in an “emergency meeting” unless agreed to by a two-thirds vote
of the Councilmembers present (i.e. four members), or, by a unanimous vote if less than two-
thrids of the Councilmembers are present. (Gov. Code § 54956.5(c)).
Permitted Closed Sessions
A summary listing of permitted closed session items under the Brown Act include:
1. License applicants with criminal records
2. Real Estate Negotiation
3. Conference with Legal Counsel on Initiation of Existing and Anticipated
Litigation
4. Liability Claims
5. Threats to Public Services or Facilities (public security)
6. Personnel Matters (public employee appointment, termination, discipline, etc.)
7. Labor Negotiations
The Brown Act requires the disclosure of certain items decided in closed session meetings.
Minutes may be taken during closed session but they are not considered part of the public record.
If there is an approval of agreements concluding real estate negotiations and the City finalizes
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South San Francisco City Council Procedures and Protocols Handbook the agreement, the report given in open session, during the same meeting, must include the
approval action taken, a voting tally and the substance of the agreement. If the other party
finalizes the agreement, it must include the same information but is given as soon as the other
party informs the City of its approval.
In an approval of a litigation defense, appellate review or amicus curiae participation, the report
must include the approval action, adverse parties (when known), litigation substance and the
voting tally. The approval is reported in open session, during the same meeting. If approval to
initiate or intervene in litigation is granted, the report given in open session during the same
meeting, must include the decision to take action and intended action to be taken. After the
action has started and if the disclosure does not jeopardize the City’s legal position the disclosure
given only upon inquiry, must include the approval action, the voting tally, defendant(s) and the
substance of the litigation. If the City’s ability to affect service or to conclude existing
settlement negotiations would be compromised by disclosure, the City does not have to do so
until the conclusion of the matter. When the matter is concluded, the City must disclose, only
upon inquiry, the same as above.
When pending litigation settlements are approved, if the City finalizes a signed settlement offer,
the report given in the open session, during the same meeting, must include the acceptance
action, the voting tally, and the substance of the agreement. If the other party or a court must
finalize the agreement, the disclosure occurs when the settlement is finalized, and includes the
same information.
With a disposition of Joint Powers Agency claims, the report includes a voting tally, the name of
the claimant, the name of the local agency claimed against, the substance of the claim and the
monetary amount approved for payment (if any). The report is made as soon as the disposition is
reached.
For actions affecting the employment status of public employees, twenty-four (24) hours before
the meeting the employee must be informed of the charges, and of the right to hear the charges in
open session. When a decision is reached in closed session, the report must include action taken
that affects the employment status, the voting tally and the title of the position. If the action
taken is a dismissal or a nonrenewal of a contract, the report will be deferred until the employee
has an opportunity to exhaust all administrative remedies. Otherwise, the report will be given in
the open session, during the same meeting.
For agreements concluding labor negotiations, the report is required after the agreement is
finalized and ratified. The report must include the item approved, the voting tally, and the other
party.
Violation of the provisions of the Brown Act can result in criminal penalties, the imposition of
civil remedies, and the award of attorney's fees. Attendance at a meeting at which a violation
occurs and action is taken when there is knowledge by the official that a violation is occurring,
can result in misdemeanor liability. The available civil remedies are injunction, mandamus or
declaratory relief, as well as allowing recordings of closed sessions. The remedies are designed
to prevent further or future violations and do not require knowledge or action be taken. Before a
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South San Francisco City Council Procedures and Protocols Handbook suit can be initiated, however, the complainant must make a written demand to the City Council
to correct or cure the violation, and the Council must fail to do so.
An action taken by the Council during a time of alleged Brown Act violations is not
automatically null and void. If the actions were in "substantial compliance" with the law, or if
they related to the sale of bonds or the issuance of contracts, those actions would still be valid.
If a violation is found and attorney's fees are awarded, the award is against the City and not
against the individuals who violated the law. If someone brings an action against the City and
the City prevails or the action is determined to be frivolous and without merit, the City may be
awarded its attorney's fees.
For a more detailed discussion of Brown Act provisions and requirements including relevant
case law, please refer to the publication prepared by the First Amendment Coalition, a copy of
which is available for review in the City Council’s Office. The publication referenced herein is
for information purposes only and does not impose any obligations on the City Council that do
not otherwise exist under California law.
MEETINGS
The City Council holds various types of meetings. All meetings of the City Council (except
closed sessions held pursuant to state law) are open to the public.
Quorum
A majority of the Council in office constitutes a quorum for the transaction of business, but a
lesser number may adjourn from time to time and may compel by a notice the attendance of
absent members refusing or neglecting to attend meetings under Government Code Section
36813. Disobedience of the notice may be punished at the discretion of the Council by a fine.
The notice may be by any means giving actual notice to appear and may be given by the City
Clerk or any person authorized by the Council.
When there is no quorum, the Mayor, Vice-Mayor, or any Councilmember may adjourn a
meeting, or if no Councilmember is present, the City Clerk may adjourn a meeting.
Regular Meetings
Regular meetings are held on the second and fourth Wednesdays of each month at 6:00 p.m. in
the Council Chambers of the Municipal Services Building, 33 Arroyo Drive, South San
Francisco, CA. In the event it becomes necessary to change the place of the meeting, public
notice must be given by posting the change at the entrance to the regular meeting place.
Whenever any regular meeting falls on a public holiday, the regular meeting is held on the
following business day. The Successor Agency meets the second Wednesday of each month, in
the same location, starting at 6:30 p.m.
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South San Francisco City Council Procedures and Protocols Handbook Special Meetings
A special meeting may be called at any time by the presiding officer or by a majority of the
Councilmembers, by delivering written notice twenty-four (24) hours in advance to each member
of the Council by personal delivery or any other means that ensures receipt, and to each local
newspaper of general circulation, radio, and television station requesting notice in writing.
Written notice may be dispensed with for any member who at or prior to the time the meeting
commences files a written waiver of notice or for any member who is actually present at the time
the meeting convenes. Notice of the meeting must be posted at least twenty-four (24) hours prior
to the special meeting in a location freely accessible to members of the public. Only business
described in the notice may be transacted and the notice requirements apply even if the entire
meeting is a closed session.
Emergency Meetings
An emergency meeting dealing with matters upon which prompt action is necessary due to the
disruption or threatened disruption of public facilities may be held without complying with either
the twenty-four (24) hour notice or posting requirements. However, the presiding officer must
inform any newspaper and radio or television station who requested notice of special meetings
one (1) hour prior to the emergency meeting, if possible. After the meeting, the Council must
post the minutes, the people notified of the meeting, the roll call vote and any action taken. This
information must be posted in a public place for ten (10) days.
Adjourned Meetings
The City Council may adjourn any meeting to a later time, date and place. If the subsequent
meeting is conducted within five (5) days of the original meeting, matters on the agenda for the
original meeting may be considered at the subsequent meeting. Less than a quorum may
adjourn. A copy of the order or notice of adjournment must be conspicuously posted on or near
the door of the place where the meeting was held within twenty-four (24) hours after the time of
the adjournment. When an order of adjournment of any meeting fails to state the hour at which
the adjourned meeting is to be held, the meeting is held at the usual hour specified for regular
meetings. No adjournment may be for a longer period than the next regularly scheduled
meeting.
Closed Sessions
Closed sessions, sometimes called executive sessions, are duly held meetings or portions of
meetings, which are not open to the public and news media. Closed sessions must be held in
accordance with the provisions of the Brown Act. Matters discussed in closed session are
considered confidential. The Council may vote to sanction any Councilmember the City
Manager or City Attorney who, without authorization, discloses the substance of any discussion
which took place during a closed session.
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South San Francisco City Council Procedures and Protocols Handbook Additionally, attendance at a closed session should be limited to those actually necessary to
advise or take direction from the Council. This may include the City Attorney, senior
management staff, experts, negotiators or consultants. Third parties not serving as agents of the
City cannot attend, with the exception of witnesses in the event of a closed session to hear
charges or complaints under Government Code Section 54957.
Study Sessions
Study sessions or work sessions, if needed, are generally held at City Hall in the main conference
room on the third Wednesday of each month and generally begin at 5:00 p.m. Study sessions are
considered special meetings pursuant to the Brown Act. The time and location for such sessions
may be changed by the City Manager with appropriate notice. Study/work sessions are open to
the public and are meetings for the purposes of the Brown Act, but such sessions are not intended
to constitute regular meetings. Usually, at such sessions, no motions are to be offered and no
formal action is to be taken. The primary purpose of such sessions is to provide background
information to members of the Council. Public comments at study sessions are limited to the
subject of the study session and will be received during the public comments section of the study
session.
Teleconference Meetings
The City Council Procedures provisions concerning Teleconference meetings shall apply to City
Council members. Requests by Council Members to attend a Council meeting via telephonic
appearance are actively discouraged. Telephonic attendance shall be permitted not more than 3
times a year. In addition, at least a quorum of the Council must participate from a location within
the City (Government Code Section 54953(b)(3)).
If these two threshold requirements are met, the Council Member who will be appearing
telephonically must ensure that:
∗ The meeting agenda identifies the teleconference location and is posted at that location in
an area that is accessible and visible 24 hours a day for at least 72 hours prior to the
meeting.
∗ The teleconference location is open and fully accessible to the public, and fully accessible
under the Americans with Disabilities Act, throughout the entire meeting. These
requirements apply to private residences, hotel rooms, and similar facilities, all of which
must remain fully open and accessible throughout the meeting, without requiring
identification or registration.
∗ The teleconference technology used is open and fully accessible to all members of the
public, including those with disabilities.
∗ Members of the public who attend the meeting at the teleconference location have the
same opportunity to address the Council from the remote location that they would if they
were present in Council Chambers.
∗ The teleconference location must not require an admission fee or any payment for
attendance.
∗ If the meeting will include a closed session, the Council Member must also ensure that
there is a private location available for that portion of the meeting.
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South San Francisco City Council Procedures and Protocols Handbook If the Council Member determines that any or all of these requirements cannot be met, he or she
shall not participate in the meeting via teleconference.
Approved Teleconference Guidelines for Council Members:
∗ Five days written notice in advance of the publication of the agenda must be given by the
Council Member to the City Clerk’s office; the notice must include the address at which
the teleconferenced meeting will occur, the address the Council packet should be mailed
to, who is to initiate the phone call to establish the teleconference connection, and the
phone number of the teleconference location. If cellular telephones are used to participate
in teleconferenced meetings, Council members need to ensure the speaker phone option
is functioning.
∗ The Council Member is responsible for posting the Council agenda in the remote
location, or having the agenda posted by somebody at the location and confirming that
posting has occurred. The City Clerk will assist, if necessary, by emailing or mailing the
agenda to whatever address or fax number the Council Member requests; however, it is
the Council Member’s responsibility to ensure that the agenda arrives and is posted. If the
Council Member will need the assistance of the City Clerk in delivery of the agenda, the
fax number or address must be included in the five-day advance written notice above.
∗ The Council Member must ensure that the location will be publicly accessible while the
meeting is in progress.
∗ The Council Member must state at the beginning of the Council meeting that the posting
requirement was met at the location and that the location is publicly accessible and must
describe the location.
Virtual Council Meetings
During the novel coronavirus pandemic, the city used a virtual meeting tool that allowed the City
Council, Council Boards, Commissions and Committees to continue to hold meetings and
provide a way for the public to participate in meetings. Recognizing that public participation is a
critical component of the civic process and valuing the input it receives from members of the
public during meetings. The City established a Remote Public Participation Policy outlining
roles and responsibilities to host virtual meetings.
Councilmembers should endeavor to always have their video on so that the public, staff, and
colleagues can see that they are listening. A minimum of three members must be on video to
constitute a quorum. Brief turnoffs are understandable and permitted, but for example, having
video off throughout public comments and then turning it back on when it is time for
Councilmembers to speak is not appropriate for a public meeting. The Chair will strive to give
ten-minute breaks every two hours.
Meeting Cancellation
Any meeting of the Council may be cancelled in advance by a majority of the Council. The City
Manager may cancel a meeting in the case of an emergency or when a majority of members have
provided notice of their unavailability to attend a meeting.
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South San Francisco City Council Procedures and Protocols Handbook CONDUCT OF MEETINGS
The Council should refer to one another formally during Council meetings as Mayor, Vice-
Mayor or Council Member followed by the individual’s last name. Difficult questions, tough
challenges to a particular point of view, and criticism of ideas and information are legitimate
elements of a free democracy in action. Be respectful of diverse opinions. Council Members
have a public stage to show how individuals with disparate points of view can find common
ground and seek a compromise that benefits the community. Council Members are role models
for residents, business people, and other stakeholders involved in public debate.
Agenda Order
City Council agendas will be prepared by the City Clerk and presented to the City Council in the
following order. The City Manager, with prior approval of the Mayor, is authorized to make
changes to the agenda of the Council, and the City Clerk shall publish the agenda. The City
Council may take matters up out of order upon approval by a majority vote of those present:
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Agenda Review
5. Announcements from staff
6. Presentations
7. Public Comments
8. Council Comments/Requests
9. Consent Calendar
10. Public Hearing
11. Administrative Business
12. Items from Council – Committee Reports and Announcements
13. Closed Session
14. Adjournment
Call to Order and Roll Call
The presiding officer takes the chair at the hour appointed for the meeting and calls the Council
to order. Before proceeding with the business of the Council, at the request of the presiding
officer, the City Clerk calls the roll. In the absence of the Mayor and the Vice-Mayor, the City
Clerk calls the Council to order, whereupon a temporary presiding officer is elected by a
majority of the Councilmembers present. Upon the arrival of the Mayor or the Vice-Mayor, the
temporary presiding officer relinquishes the chair at the conclusion of the business then before
the Council.
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South San Francisco City Council Procedures and Protocols Handbook Order of Business
Unless the reading of minutes is requested by a Councilmember, minutes may be approved
without reading as part of the consent calendar if each Councilmember has previously received a
copy. Thereafter, the order of business is as presented on the Council agenda, prepared at the
direction of the City Manager. With the approval of a majority of the Council, an item may be
taken out of order. Appendix 2: Sample guide to conducting Council meetings.
Continued Items
Any item or hearing may be continued to any subsequent meeting in accord with the procedures
set forth for the adjournment of meetings. If a hearing is continued to a time less than twenty-
four (24) hours after the time specified in the original hearing notice, a copy of the notice of
continuance of the hearing must be posted immediately following the meeting at which the
determination to continue the matter was made.
Introduction of Items After 11:00 PM
The City Council makes every effort to end its meetings before 11:00 p.m. The Council also
generally does not take up new matters after 11:00 p.m. The meeting shall continue only on the
matter being discussed and the remaining items on the agenda shall be carried over, unless the
Council chooses to take up new items.
Presentations
The total amount of time for all presentations shall not exceed fifteen minutes per meeting
unless otherwise approved by the Council.
Councilmember Participation
Every Councilmember desiring to speak addresses the chair, and upon recognition by the
presiding officer, may speak on the matter before the Council. A member, once recognized,
shall not be interrupted when speaking unless it is to call the person to order. If a member, while
speaking, is called to order, the member shall cease speaking until the question of order has been
determined, and, if in order, the member shall be permitted to proceed. Questions of staff should
be directed through the chair.
Public Participation
Any person desiring to address the Council on any item on the regular meeting agenda may do so
at the time designated for that item after first being recognized by the presiding officer. Any
person desiring to address the Council on an item on the consent calendar or on an item not on
the agenda may do so at the time designated on the agenda as "Public Comments" after first
being recognized by the presiding officer. Individuals speaking under “Public Comments”
generally are limited to three (3) minutes. If there appears to be a large number of speakers, the
Mayor may reduce speaking time to limit the total amount of time for public comments (Gov.
Code sec. 54954.3.(b)(1).). In compliance with Assembly Bill 1787 (“AB 1787”), which requires
local agencies to provide at least twice the allotted time for public comment to speakers who
require translation services. When a member of the public is addressing the Council or one of its
Committees, and when time limits have been placed on public comments, the Mayor or Vice-
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South San Francisco City Council Procedures and Protocols Handbook Mayor, shall allow persons requesting interpretation assistance, by another individual, to testify
for twice the amount of the time limit, thereby providing uniform time for the speaker’s
testimony, as well as the time necessary for the interpretation of the testimony for the benefit of
the Council and the public.
Individuals speaking under “Public Comments” are limited to topics on the consent calendar or
on items that are not otherwise on the agenda. It is acknowledged that individuals may wish to
address the Council under “Public Comments” for the purpose of obtaining general information
or receiving responses to specific questions.
State law prevents Council from responding to public comments or taking action on matters not
on the agenda. In general, the Mayor shall ascertain whether the Council or staff is able to
provide the requested information immediately. If this is not possible because the information is
not readily available, the matter may be referred to staff for a written response. Unless the
matter raises issues of an extraordinary nature, it is expected that a response will be presented to
the Council by its next regular meeting. If it is not possible to do so by this date, the Council
will be advised as to when a response will be forthcoming.
Speakers at meetings are requested, but not required, to identify themselves and fill out cards
placed near the public microphone. The information is used to help prepare the minutes of the
meeting. All remarks should be addressed to the Council as a body and not to any individual
member. Time limits may be imposed upon speakers. No person, other than the Councilmembers
and the person having the floor, should be permitted to enter into any discussion, either directly
or through a member of the Council, without the permission of the presiding officer. No
question is to be asked a Councilmember or staff member except through the presiding officer.
After a motion is made by the Council, no person shall address the Council without first securing
the permission of a majority of the Councilmembers present to do so.
Decorum
While the Council is in session, the Councilmembers must preserve order and decorum, and no
Councilmember should, by conversation or otherwise, delay or interrupt the proceedings or the
peace of the Council nor disturb any Councilmember while speaking or refuse to obey the orders
of the Council or other presiding officer.
The United States Constitution and California Constitution protect individuals’ rights to free
speech and expression. Accordingly, the City can only remove an individual if they are actually
disrupting a meeting. Courts have struck down rules of decorum that allow for removal of a
speaker for personal attacks, slanderous speech, or insolent behavior when such conduct did not
actually disturb the meeting. Courts hold that a “disruption” means something more than a bare
violation of a rule of decorum. For example, an expressive sign or the use of profanity, by
themselves, do not warrant removal from a meeting. The conduct must cause the meeting to be
disrupted or impede the City from conducting its business. Courts often measure whether
something is a disruption by its effect on the audience, and not by its effect on members of the
legislative body.
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South San Francisco City Council Procedures and Protocols Handbook Given these restrictions on being able to remove a speaker, the Chair should be careful to ensure
that the following steps are applied to all speakers equally, regardless of their particular
viewpoints:
1. Reminder to the Speaker or Audience Member: If a speaker goes beyond his or her
allotted time, continues to speak on matters unrelated to District business or otherwise
violates the rules on public comment, it is appropriate to remind the speaker of the City’s
rules on public comment. A reminder to an audience member who violates the rules by
calling out or interrupting a speaker is also recommended.
2. Direction to the Speaker: If a speaker continues to violate the rules on public comment
by exceeding his or her time, speaking on topics unrelated to City business or otherwise,
the Chair should request the speaker to finish his or her comments and allow for the next
speaker to address the Council.
3. Declare a Violation of the Rules on Public Comment and Request a Police Officer to
Escort the Speaker to His or Her Seat: If the speaker continues to violate the time or
topic regulations and the Council is impeded from continuing its business, the Chair
should:
a) Inform the speaker that he or she has failed to comply with the rules;
b) Inform the speaker that he or she is impeding City business by violating the public
speaking rules; and
c) Request the City Manager, or his designated Sergeant-at-Arms, to escort the speaker
to his or her seat.
4. Instruct the Sergeant-at-Arms to Remove the Individual or Arrest The Individual If
He or She Refuses to Leave: If the speaker refuses to comply with Step 3, the Chair
should:
(a) Declare that the individual is disrupting the meeting and impeding City business, and
(b) Instruct the City Manager, or his designated Sergeant-at-Arms, to remove the
individual from the room and arrest the individual if he or she refuses. This should
occur on the record.
(c) The Chair then proceeds immediately to Step 5.
(d) The individual should be informed by the Sergeant-at-Arms that: If he or she refuses
to comply with the request to leave the meeting room, He or she will be escorted out
of the meeting room by officers and ordered to not return; or
5. Immediately Invite a Motion for a Recess: After instructing the Sergeant-at-Arms, the
Chair should invite a motion for a ten-minute recess. Council members should leave the
dais area and allow for the officer to communicate with the individual.
6. Continuing Disturbances: If an actual disturbance is caused by one person or a group,
such that order cannot be restored by the Chair after following the above steps, the Chair
should:
(a) Declare on the record that an actual disturbance has occurred;
(b) Order the room to be cleared by the Sergeant-at-Arms and his or her designees;
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South San Francisco City Council Procedures and Protocols Handbook (c) Allow any members of the public and the press who did not take part in the
disturbance to return to the meeting room; and
(d) Continue the meeting.
Cellular telephones or any other telecommunications device should be in the silent mode or
turned off during the City Council meeting.
Literature distribution or petition circulation is not permitted when Council is in session. Such
activity may occur outside the meeting room, provided access is not blocked.
The Chief of Police or the representative of the Chief of Police is the ex officio sergeant-at-arms
of the Council. The ex officio sergeant-at-arms shall carry out all orders and instructions given
by the presiding officer for the purpose of maintaining order and decorum in the Council
Chamber. Upon instructions from the presiding officer, it shall be the duty of the sergeant-at-
arms to eject any person, place the person under arrest or both.
As set forth in Government Code Section 54957.9, in the event any meeting is willfully
interrupted by a group of persons so as to render the orderly conduct of the meeting unfeasible,
and order cannot be restored by the removal of individuals who are willfully interrupting the
meeting, the presiding officer may order the meeting room cleared and continue in session.
Smoking Prohibited
It is unlawful for any person to smoke in any room in which a Council meeting open to the
public is being held.
COUNCIL ACTIONS
Several different types of action may be taken by the Mayor and/or the City Council.
Proclamations
Proclamations are issued by the Mayor without formal action by the Council. Proclamations are
public announcements directing attention to a person, an organization or event, such as Citizen of
the Year, a retiring employee, Girl Scout Week, or International Year of the Child.
Proclamations will be issued to Board and Commissioner members who have served the
authorized maximum number of terms to acknowledge their contributions to the City of South
San Francisco. Proclamations may be requested by any member of the Council.
Commendations/Certificates of Recognition
Commendations/Certificates of Recognition are acknowledgements of the activities of a person
or organization, issued by the Mayor or by all Councilmembers without formal action being
taken. Commendations/Certificates of Recognition typically acknowledge exceptional endeavors
or are given to departing Board and Commission members and Councilmembers and are
presented at an appropriate function or Council meeting.
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South San Francisco City Council Procedures and Protocols Handbook Ordinances
Legislative acts of the City Council are known as ordinances. Ordinances may be general or
special, depending upon their effect. Those which relate to the health, safety, and welfare of the
community and are intended for long-term application throughout the city are known as general
ordinances. Special ordinances are those with limited application. General ordinances are
codified in the South San Francisco Municipal Code. Subject to certain state law exceptions,
most ordinances are introduced at one meeting and are adopted by majority vote at a subsequent
meeting.
An ordinance is necessary (1) when state law requires a regulation to be adopted by ordinance,
(2) to amend or repeal provisions of the Municipal Code or any uncodified ordinances, and (3) to
impose regulations on persons or property which impose a penalty by fine, imprisonment or
forfeiture for the violation.
Ordinances shall be prepared by the City Attorney. Ordinances are prepared for presentation to
the Council when ordered by a majority vote of the Council, or when requested by the Mayor or
the City Manager, or when prepared on the City Attorney's own initiative.
Resolutions
Resolutions are Council actions which become effective upon adoption and encompass the
business not addressed through ordinances. They are typically used to handle routine business
and administrative matters requiring some type of formal memorialization. Resolutions are used
for various reasons, such as when specifically required by law, when needed as a separate
evidentiary document to be transmitted to another agency, or where the frequency of future
reference back to its contents warrants a separate document to facilitate reference and research.
Motions
The least formal of Council actions, motions typically are used for procedural matters (such as to
continue items) or for administrative matters (such as to accept reports). An adopted motion is
as legally effective and binding as an adopted resolution but generally is recorded simply as an
item entry in the minutes.
Minute Orders
A minute order is a brief notice documenting an action taken by the Council and distributed
subsequent to the meeting at which the action is taken. It is used only occasionally, generally
when the Council wishes to provide notice other than in the minutes that it adopted a particular
motion.
Finality of Administrative Actions
For the purpose of judicial review, all administrative actions by the City Council become final on
the date taken, except where (1) state or local law provides that the action becomes final on a
later date; or (2) a request for reconsideration is made in a timely fashion.
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South San Francisco City Council Procedures and Protocols Handbook MINUTES
The preparation of accurate intelligible minutes is the responsibility of the City Clerk. In general,
action minutes are used to record proceedings. Action minutes contain very little narrative. The
record focuses on who spoke and the motions and votes. Recordings are used in order to serve a
number of administrative, legal and historical functions and to provide a verbatim record of
meetings. Failure to record does not affect the validity of any proceedings or action taken by the
Council.
The City Clerk may be directed by the presiding officer, with the consent of the Council, to enter
in the minutes a synopsis of the discussion of any matter coming before the Council. The
synopsis should be in complete sentences.
A Councilmember may request, through the presiding officer, the privilege of having a
previously prepared written abstract summarizing the major points of his or her statement on any
subject under consideration entered into the minutes. If the Council consents, such an abstract is
entered into the minutes.
Items such as letters which individuals request "to have entered into the record" are referred to
in, but do not become a part of, the minutes. Changes in substantive matters may be made only at
the direction of a majority of the Council. Clerical corrections are to be made when discovered
in order to maintain accuracy.
BASIC PROCEDURES - MAIN MOTIONS
In conjunction with the agenda for a Council meeting, business is brought before the City
Council by the motion of a member. A motion may itself bring a subject to City Council's
attention or it may follow the presentation of a report or other communication. A motion is a
formal proposal that the City Council take a certain action.
The proposed action may be of a substantive nature, or it may consist in expressing a certain
view, or directing a specific investigation and report back, or the like.
The basic form of motion, the form which brings business forward, is known as a "main motion".
The main motion sets a pattern from which all other motions are derived.
The steps by which a motion is normally processed are (1) a member makes (or moves or offers)
a motion, (2) another member seconds the motion and (3) the chair states the motion. After a
main motion is made and before the question is stated by the chair, any member can informally
suggest one or more modifications in the motion, which the member can accept or reject. Once
stated, the motion is pending and open for discussion/debate. The chair then puts the matter to a
vote and announces the result. If the Council decides to do what a motion proposes, it adopts the
motion; if the decision is against what the motion proposes, the motion is rejected.
Effective January 1, 2014, California Senate Bill 751 amended the Brown Act to require that all
legislative bodies “publicly report” any “action taken” and the vote or abstention on that action
of each member present for the action. “Action taken” is defined in the Brown Act as a collective
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South San Francisco City Council Procedures and Protocols Handbook decision made by a majority of the members of a legislative body upon a motion, proposal,
resolution, order or ordinance. The Brown Act previously required legislative bodies to report
certain actions taken in closed session. Now, those reporting requirements will extend to actions
taken by legislative bodies in open session.
PARLIAMENTARY PROCEDURE MOTIONS
Processing of Motions
After a main motion is made and seconded, it must be stated by the presiding officer before it
can be debated. Until the presiding officer states the motion, the maker has the right to modify
or withdraw it. Once stated, a main motion may not be withdrawn by the mover without the
consent of the person seconding it.
Precedence of Motions
Once the main motion is properly placed on the floor, several related motions may be employed
in addressing the main motion, and if properly made and seconded, must be disposed of before
the main motion can be acted upon.
1. Fix the time to which to adjourn
2. Adjourn
3. Recess
4. Raise a question of privilege
5. Call for the orders of the day (raise a point of order)
6. Lay on the table
7. Previous question (close debate)
8. Limit or extend limits of debate
9. Postpone to a certain time (postpone definitely)
10. Postpone indefinitely
11. Refer or Commit
12. Amend
13. Motion to reconsider
These motions have precedence in the order indicated above, except that a motion to reconsider
has precedence over all motions.
Types of Motions/Purpose
1. Fix the time to which to adjourn. A motion to fix the time to which to adjourn requires a
second, is amendable and is debatable only as to the time to which the meeting is
adjourned. The purpose is to set a time for continuation of the meeting.
2. Motion to adjourn. A motion to adjourn requires a second and is not debatable except to
set the time to which the meeting is adjourned. A motion to adjourn shall be in order at
any time, except as follows:
a. When repeated without intervening business or discussion;
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South San Francisco City Council Procedures and Protocols Handbook b. When made as an interruption of a member while speaking;
c. When the previous question has been ordered;
d. While a vote is being taken.
3. Motion to recess. A motion to recess requires a second, is amendable, but is not
debatable. Its purpose is to interrupt the meeting and is usually done by Mayor's
declaration.
4. Motion to raise a question of personal privilege. Any Councilmember at any time during
the meeting may make a request of the chair to accommodate needs such as reducing
noise, adjusting heating or cooling system, etc. In situations in which a Councilmember's
integrity, character, or motives are questioned, or to where the welfare of the Council is
concerned, the maker of the motion may interrupt another speaker if the presiding officer
recognizes the "privilege". The motion does not require a second, is not amendable, and
is not debatable.
5 Motion to call for the orders of the day. A motion to call for the orders of the day does
not require a second, is not amendable, and is not debatable. Purpose is to require
adherence to the agenda. By a two-thirds vote, the orders of the day may be set aside.
Changes are frequently handled by consensus.
6. Motion to lay on the table. Purpose is to interrupt current business for more urgent
business. A motion to lay on the table requires a second, is not amendable, and is not
debatable. It temporarily suspends any further discussion of the pending motion without
setting a time certain to resume debate. If the motion prevails, and the subject is tabled, a
member must move that the matter be "taken from the table" at the same meeting or at the
next regular meeting of the Council. Otherwise, the motion that was tabled dies,
although any Councilmember may request the subject be placed on an agenda for a later
City Council meeting.
7. Motion to move the previous question. The purpose of this motion is to close debate and
a two-thirds vote is required for passage. A motion to move the previous question must
be made and seconded without interrupting one who already has the floor. It is not
debatable and is not amendable. It applies to all previous motions on the subject unless
otherwise specified by the maker of the motion. If the motion to move the previous
question fails, debate is reopened; if it passes, then a vote is taken on the pending motion.
8. Motion to limit or extend debate. A motion to limit or extend debate requires a second, is
amendable and is not debatable. The motion requires a two-thirds vote. Its purpose is to
limit or extend debate.
9. Motion to postpone to a certain time. A motion to postpone to a certain time requires a
second, is amendable, and is debatable as to propriety of postponement and time set.
Purpose is to postpone the pending question to a specified time.
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South San Francisco City Council Procedures and Protocols Handbook 10. Motion to postpone indefinitely. A motion to postpone indefinitely requires a second, is
not amendable, and is debatable. If the motion is adopted, the principal question shall be
declared lost. The purpose of the motion to postpone indefinitely is to avoid a direct vote
on the main motion. Its correct use is when the intent is not to vote on the matter at all.
It should not be confused with the motion to lay on the table, which is a means of
temporarily bypassing a subject.
11. Motion to refer or commit. A motion to refer requires a second, is amendable, and is
debatable only as to the propriety of referring. The substance of the subject being
referred shall not be discussed at the time the motion to refer is made. Purpose of the
motion is to send subject to another city department, board, commission, committee or
officer for further study and report back to Council, at which time subject is fully
debatable. The motion may or may not contain directions or a return date.
12. Motion to amend. A motion to amend requires a second, is amendable, and is debatable
only when the motion to which it applies is debatable. A motion to amend an amendment
is in order, but one to amend an amendment to an amendment is not. An amendment
modifying a motion is in order, but an amendment substituting a new motion or raising an
independent question is not in order. Amendments take precedence over the main
motion. Amendments to amendments are voted first, then the amendment, then the main
motion as amended.
14. Motion to reconsider. Except for votes regarding matters which are quasi-judicial in
nature or matters which require a noticed public hearing a motion to reconsider any
action taken by the Council may be made during the meeting at which the action was
taken or at an adjourned meeting thereof. A motion to reconsider requires a second, is
debatable, and is not amendable. The motion must be made by a Councilmember who
voted in favor of the motion originally, but may be seconded by any Councilmember. If
the motion to reconsider is successful, the matter to be reconsidered takes no special
precedence over other pending matters. The purpose is to bring back the matter for
review. If a motion to reconsider fails, it may not itself be reconsidered. Reconsideration
may not be moved more than once on the same motion.
Division of Question
14. Division of question. If the motion contains two or more propositions, each of which is
capable of standing on its own if the others are removed, the presiding officer may, and
upon request of a member shall (unless appealed), divide the motion.
15. Rescind, Repeal or Annul. The Council may rescind, repeal or annul any prior action
taken with reference to any legislative or administrative matter so long as the action to
rescind, repeal or annul complies with all of the rules applicable to the initial adoption
and no rights have intervened to create an estoppel, unless otherwise specified by law.
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South San Francisco City Council Procedures and Protocols Handbook 16. Suspend the Rules. Any Councilmember may move to suspend the rules if necessary to
accomplish a matter that would otherwise violate the rules. A second and a two-thirds
vote is necessary.
Robert’s Rules of Order
Procedural matters not otherwise covered by either city ordinance, city resolution, state law, or
this handbook, are handled in accord with Robert's Rules of Order. No provision in Robert's
Rules is to be construed to supersede any procedure adopted by the City Council or required by
state law.
It is recognized that Robert's Rules applies to deliberative assemblies, but that the City Council
also functions as a quasi-judicial body. Due process considerations impose certain procedural
requirements and are sometimes different than the provisions of Robert's Rules. For example, a
City Council cannot reconsider or rescind a quasi-judicial decision after the decision is final, in
the absence of statutory authority to the contrary. In addition, the Government Code sometimes
imposes different rules, such as providing that the chair does participate in debate. (Section
36803).
Rules adopted to expedite the conduct of business in an orderly fashion are procedural only. The
failure to observe a procedural rule does not affect the jurisdiction of the Council or invalidate
any action taken at a meeting that is otherwise held in conformance with the law.
Parliamentarian
The City Attorney serves as parliamentarian during City Council meetings. The role of the
parliamentarian is advisory and consultative; the chair has the power to rule on questions of
order.
VOTING
Votes are taken by voice or roll call and entered in full upon the record. Votes are by voice vote,
unless a request for a roll call vote is made by any member or the motion requires more than a
majority. During the roll call, it is not in order for any member to explain a vote.
Silence constitutes an affirmative vote. Councilmembers who are silent during a voice vote shall
have their vote recorded as an affirmative vote, except when individual Councilmembers have
stated in advance that they will abstain.
It is the responsibility of every Councilmember to vote unless disqualified. When someone
chooses not to vote, the person in effect "consents" that a majority of the Councilmembers
present may act for him or her.
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South San Francisco City Council Procedures and Protocols Handbook A Councilmember may change a vote or withdraw an abstention and vote if a timely request to
do so is made immediately following the announcement of the vote and before the next item in
the order of business is taken up.
Disqualification. A Councilmember disqualified because of any financial interest or other
interest proscribed by law, may not participate in the discussion or the vote.
Tie Votes. Tie votes are lost motions. Tie votes may be reconsidered on motion by any member
of the Council voting aye or nay during the original vote. Before a motion is made on the next
item on the agenda, any member of the Council may make a motion to continue the matter to
another date. Any such continuance suspends the running of any time in which action of the City
Council required by law. Any Councilmember may place on an agenda for a subsequent meeting
a matter which resulted in a tie vote.
When less than all Councilmembers are present and a matter under discussion remains
unresolved as the result of a tie vote on all motions made on such matter, the matter is
automatically continued to the next Council meeting.
Voting requirements for specific actions. Certain actions require a minimum number of
affirmative votes for approval. These include:
1. Approval of a general plan or specific plan amendment – 3 Affirmative Votes
2. Approval of a Resolution of Necessity – 4 Affirmative Votes
3. Approval of an ordinance or expenditure of funds – 3 Affirmative Votes
4. Approval of an urgency ordinance – 4 Affirmative Votes
5. Approval of a general tax – 4 Affirmative Votes plus Majority Voter Approval
PUBLIC HEARINGS
By their nature, all hearings (except personnel matters) are public. The Council has the
prerogative of conducting a public hearing on any item on its agenda, whether or not the matter
has had formal notice as a public hearing. Certain matters are formally noticed in advance as
public hearings, pursuant to various provisions of state law. Unless otherwise specifically
required by federal, state or local law, all public hearing dates and times are set administratively.
Public hearings tend to be of two types: legislative or quasi-judicial. Legislative hearings
generally result in the adoption of policy or regulation. Quasi-judicial hearings are those in
which the Council applies existing laws (State and/or local) to a particular project or action. For
example, an application for a variance or conditional use permit would involve a quasi-judicial
hearing. Quasi-judicial hearings are also occasionally referred to as an adjudicatory hearing. In
a quasi-judicial hearing, the Council will often make findings based on the facts presented to the
Council.
Formally noticed public hearings generally are conducted in the following format:
a. Staff review
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South San Francisco City Council Procedures and Protocols Handbook b. Questions of staff by Council
c. Comments from public
d. Questions by Council
e. Discussion by Council
f. Action by Council.
The presiding officer conducts the hearing in such a manner as to provide for freedom of speech
and expression of opinion, subject to the limits of courtesy and respect of others. Comments and
questions from the public are limited to the subject under consideration. Depending upon the
extent of the agenda and the number of persons desiring to speak on an issue, the presiding
officer may limit a speaker's time. Any person speaking may be questioned by members of the
City Council.
In those instances where there is a specific applicant for a matter which is the subject of a public
hearing, the applicant is entitled to make a presentation at the commencement of the public
hearing, and also is entitled to make any concluding remarks just prior to closure of the public
hearing.
Councilmembers should not speak on an issue until the public hearing has been closed. Once a
hearing is closed, it is inappropriate for the public to speak except to answer an inquiry of a
Councilmember, as addressed through the chair.
When the Council conducts a quasi-judicial hearing, particularly when it is hearing an appeal of
a decision by a Board or Commission, on a case-by-case basis the City Attorney determines if
alternate hearing procedures are necessary and advises the City Council accordingly.
All persons interested in the matter which is the subject of a hearing are entitled to submit
written or photographic evidence relevant to the issue for consideration by the Council, in
addition to or in lieu of any oral evidence. The Council determines relevancy. If the Council
feels that material is relevant but that due to its quantity or complexity there is insufficient time
to fully review it, the hearing may be recessed or continued. All evidence considered by the
Council in reaching its decision must be retained by the City as part of the record, as a
supplement to but not as a part of, the minutes. The Council retains discretion to accept or to
reject new documentation furnished on the night of the Council meeting.
Advocates of a matter before the City Council who furnish documentation on the night of the
Council meeting are expected to furnish sufficient copies for the City Council, City Clerk, and
City Manager. Failure to do so may cause the Council to reject consideration of such
information, or cause the item to be continued.
If a Councilmember has met with a proponent or opponent of a matter which is the subject of a
hearing, that meeting should be acknowledged on the record prior to the opening of the hearing
at the Council meeting.
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South San Francisco City Council Procedures and Protocols Handbook BOARDS AND COMMISSIONS
Boards and Commissions (except the Housing Authority, Design Review Board, General Plan
Community Advisory Committee, and Measure W Citizens’ Oversight Committee) are
established by ordinance and set forth in the Municipal Code. The purpose of Boards and
Commissions is to provide advice to the City Council to aid in its decision making and to handle
matters within its area of expertise. Boards and Commissions should submit their
recommendations to the Council in writing. Once Council has reached a decision after due
consideration of a matter, it is inappropriate for a Board or Commission to criticize or attempt to
change a decision made by Council. Appendix 7: Staff Liaisons to Boards and Commissions.
No member of any Board or Commission may be a member of any other Board or Commission
or hold any paid position with the City, unless otherwise approved by the Council. In order to be
eligible for an appointment to any Board or Commission, a person must be a resident of the City,
unless otherwise provided by law.
The members of each Board or Commission (except the Design Review Board) are appointed by
the Council in accordance with governing law. The number of members, length of terms, time of
appointment, and method of appointment differ. Members are subject to removal by a vote of
three Councilmembers. Board and Commission members are appointed to serve for one term at
a time. Terms continue until a successor is appointed and qualified. Except when appointed as a
Commissioner Emeritus by the Council, no Board or Commission member may serve more than
the authorized number of terms on any one Board or Commission as set forth in the Municipal
Code. Appendix 8: Board and Commission Roster.
Boards and Commissions are authorized to appoint advisory committees to assist them in
performing their duties. A member of the Board or Commission shall be designated as
chairperson of these advisory committees upon approval of the appointing Board or
Commission. The advisory committees shall be assigned functions consistent with the duties of
the appointing Board or Commission and shall report to at the times and in the manner which the
appointing Board or Commission may require.
All Board and Commission members except members of the General Plan Community Advisory
Committee, Housing Authority Tenant Commission, Measure W Citizens’ Oversight Committee,
Colma Creek Flood Zone Advisory Committee, and San Mateo County Mosquito and Vector
Control District, Emeritus Members, Ex Officio Members, and Council representatives to the
Conference Center Authority are compensated at a rate of $50.00 per regular meeting.
From time to time the Council may establish non-compensated citizen committees or task forces
of limited duration to focus on specific topics.
Procedure for Making Appointments and Reappointments
Any person desiring to be considered for an appointment to any City Board or Commission
should submit an online application indicating on which Board or Commission he or she desires
to serve. Paper applications must be typed and may be submitted on an on-going basis. For
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South San Francisco City Council Procedures and Protocols Handbook applications submitted after a deadline has passed, the City Clerk shall present the late
application for consideration by the City Council but note that the application was submitted
after the deadline passed. Applications are considered current for one year from the date
received. Appendix 9: Commissions, Boards, and Committees Application Process Council
Procedures.
Any appointees must comply with appropriate provisions of law regarding disclosure of financial
interests, if applicable. It is the policy of the City Council not to appoint any person to a Board
or Commission who would have continually recurring conflicts of interest requiring abstentions,
or an excessively high percentage of such situations.
Appointments are for a single term. At the conclusion of this term, after consideration of the
member's record (including attendance), an individual may be reappointed for a second term.
Vacancies in any board or commission are filled by appointment in the same manner as original
appointment. When a vacancy occurs leaving an unexpired portion of the term, any appointment
is for the unexpired portion of the term. The interest of the city is best served by actual and
regular participation by Board and Commission members.
Committee and Board members may be removed by a majority vote of the City Council
following three excused or two unexcused absences during the course of one fiscal year. An
absence is considered excused when a committee or board member notifies the secretary of the
intended absence at least twenty-four (24) hours prior to the scheduled meeting time. All other
absences are considered unexcused.
Thus, upon the second excused absence or first unexcused absence from a regular meeting within
a twelve-month period, the staff liaison shall notify the Board or Commission member in person
or via telephone regarding the absentee policy. The staff liaison shall remind the Board or
Commission member that with one more absence, the Mayor may report to the City Council the
member’s absences for further discussion and possible removal. If the City Council determines
that the absences occurred for legitimate reasons, the City Council may excuse one or both of the
absences.
Upon the third excused absence or second unexcused absence, the City Manager’s Office shall
draft a letter from the Mayor to the Board or Commission member regarding the absentee policy
and inquire as to whether the Mayor wishes to bring the matter to the Council. Members are also
encouraged to give advance notice of their absence from a meeting to the staff liaison as well as
the City Clerk’s office with a brief explanation for the absence. This absentee policy as
expressed in the Council Handbook shall be as provided on the Board and Commission form and
provided in the congratulatory letter welcoming new Board and Commission members.
The preceding procedures shall not apply to non-voting Emeritus Members of appointed Boards
and Commissions. Any member of an appointive Board or Commission may also be removed by
simple majority vote of the City Council.
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South San Francisco City Council Procedures and Protocols Handbook Government Code Section 54974 provides that whenever an unscheduled vacancy occurs, a
special vacancy notice shall be posted within twenty days (20) after the vacancy occurs and that
final appointment to fill such vacancy shall not be made for at least ten (10) working days after
such posting. The special vacancy notice must be posted in the City Clerk’s Office and the
City’s Internet website or at a designated public library.
Pursuant to Government Code Section 54972, on or before December 31st of every year the City
Clerk shall prepare the Local Appointment List of all Board and Commission members that
details when all appointive terms will expire during the next calendar year, the name of the
incumbent appointee, the date of appointment, the date the term expires, and the necessary
qualifications for the position, as well as a list of all members who serve at the pleasure of the
City Council and the necessary qualifications for each position. In compliance with the Maddy
Act, Government Code Section 54973, a copy of the Local Appointments List shall be posted on
the City’s Internet website or designate the public library with the largest service population
within the City to receive a copy of the list.
Procedures for granting Emeritus Status
A termed out or otherwise resigning Board or Commission Member may apply to the City
Council for Emeritus Status related to the particular Board or Commission on which he or she
served. The Criteria for granting Emeritus Status, limitations on granting authority and the role
of an Emeritus Board or Commission Member are set forth below:
Emeritus Criteria
• The applicant must have over 50 years of uninterrupted service to the City in various
capacities, including but not limited to, as an employee, a volunteer, and/or a Commissioner.
• The applicant must be an active participant in the Community.
• The applicant’s historical/institutional knowledge must contribute to the Agency’s
discussions.
Limitations on Granting Emeritus Status: There is to be only one seated Emeritus Member on
any single Board or Commission at any given time.
The Role of an Emeritus Board or Commission Member
• The Emeritus will be a recognized Board and Commission Member, appearing on all rosters
and being invited to all Board and Commission events with Emeritus Status noted.
• The Emeritus will receive all Commission paraphernalia, including, but not limited to,
nametags, meeting placards, jackets, T-shirts, etc. with Emeritus Status noted.
• The Emeritus is not subject to the Board and Commission absence Policy.
• The Emeritus will sit on the dais and participate in discussion at meetings of the respective
Board or Commission.
• The Emeritus does not have a voting role on the Commission.
• The Emeritus’ presence is not necessary for a quorum.
• The Commission may schedule a meeting even if the Emeritus cannot attend.
• The Emeritus will not participate in Closed Sessions of the respective Board or Commission.
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South San Francisco City Council Procedures and Protocols Handbook • In the case of the Personnel Board, the Emeritus cannot participate in a Personnel Board
Disciplinary Hearing, whether held in open or closed session.
• Due to the non-voting role, the Emeritus will not receive a stipend for meeting attendance.
Council of Cities/City Selection Committee
On the first vote for a position selected by the Council of Cities/City Selection Committee, the
City’s designated representative must vote in accordance with the City Council’s direction. All
subsequent votes are left to the discretion of the designated representative.
POLICY ON EXPRESSIONS OF CITY OR COUNCIL POSITIONS
Be cautious in representing City Positions on Issues. Individual City Councilmembers are not
authorized to speak on behalf of the City or the Council with regard to City or Council policy or
positions, except when such policy or position has been clearly established or when the
Councilmember has been designated as a spokesperson on a given subject.
Periodically the City Council is requested to formally support or oppose state or federal
legislation. In considering whether or not to take such action, it is Council policy to determine
first if the legislation involves matters pertaining directly to the City of South San Francisco or
its residents as a whole. If the subject matter does not relate directly to city business or to local
citizens, then the Council declines to take a position. If the legislation could be expected to
affect the city or its citizens, then the Council may elect to take a position.
POLICY ON COMMUNITY FUNDING
In making grants available to community organizations, the City Council adheres to the
following policy:
1. Grant awards are made only for purposes which are legal.
2. Grant funds are to primarily benefit South San Francisco residents/taxpayers.
3. One-time grants for capital items, or seed money, for new or expanded services are
preferred to continuing grants for operations.
4. Recipients are asked to provide financial and performance accountability.
5. Requests for funds must be received in a timely fashion. Applications received beyond
established deadline dates will not be considered.
6. Preference will be given to requests which are of a matching nature.
7. Other sources of available funds should have been diligently sought or are generally
unavailable in the amounts needed.
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South San Francisco City Council Procedures and Protocols Handbook POLICY ON DEDICATION OF PUBLIC FACILITIES
Dedication of new public facility shall occur only after the building is completed and ready
occupancy. Dedications should recognize the efforts of prior City Councils in designing and
facilitating construction of the public facility.
APPENDIX 1
Selection of Mayor and Vice Mayor/Council Reorganization
As set forth in the City Council Handbook, the Vice-Mayor is usually selected as the Mayor. The
City Council believes the community benefits by ensuring the positions of Mayor and Vice-Mayor
are held at various times by all council members. The City Council also believes the experience
as a council member will assist those who ultimately serve as Mayor or Vice-Mayor. To that end,
the following process is hereby adopted for the future selection of Mayor and Vice-Mayor. This
process will remain in effect until modified by a subsequent City Council.
Commencing at the end of the present Mayor’s term, the Vice-Mayor will become Mayor and the
most senior council member who has not within the previous three (3) years served as Mayor or
Vice-Mayor, will serve as Vice-Mayor. This process for selection will also apply in subsequent
years, provided that a council member will first become eligible for service as Mayor or Vice-
Mayor once the Councilmember has served for two (2) years. In the event new council members
are elected in the same year, the ranking of the newly elected council members amongst themselves
will be in the order of the highest number of votes received to the lowest number. If any council
member declines a nomination during a year when they would have been eligible to be appointed
as Mayor or Vice-Mayor, the next eligible council member in sequence shall be nominated for that
position. The council member that declined the nomination will then move to the bottom of the
rotational order as if they had just completed serving a year as Mayor.
Based on Councilmember Addiego’s appointment as Mayor on December 9, 2020, and assuming
all current council members are re-elected, the succession according to the current policy would
be as follows:
Year Mayor Vice-Mayor
2021-2022 Nagales Nicolas
2022-2023 Nicolas Nagales
2023-2024 Nagales Coleman
2024-2025 Coleman Flores
2025-2026 Flores Addiego
Installation and Reorganization Costs
Council members shall contribute to the cost of light snacks/deserts and refreshments for the
reception following the Installation and Reorganization Meeting. Each council member’s
contribution shall not exceed $200. During any year in which the City Treasurer and City Clerk
are up for election, the City Clerk and City Treasurer shall each contribute up to $200 for the cost
of light snacks/deserts and refreshments for the reception following the Installation and
Reorganization Meeting. The incoming Mayor may choose to separately pay for additional snacks
and refreshments beyond those normally provided every year.
Recognition of Outgoing Mayor and/or Council Members
The Installation and Reorganization Meeting will also include recognition of the outgoing Mayor
and any outgoing council member(s). As part of the recognition, the City may provide the outgoing
Mayor and any outgoing council member(s) with a nominal gift recognizing their service to the
City.
Government Code Section 54957.5
SB 343
Agenda: 8/25/2021 Regular CC
Item #6
APPENDIX 2
GUIDE TO CONDUCTING MEETING
Call to Order: “The meeting of the South San Francisco City Council for will come to
order.” (Mayor may also advise the audience of any special circumstances or announcements.)
Roll Call: “Madam Clerk, Roll Call please.”
Pledge of Allegiance/Invocation: “Please stand for the Pledge of Allegiance and remain
standing for the invocation that will be given by “
Agenda Review: “City Manager______ are there any changes to the order of the Agenda?”
Announcements from Staff: “City Manager______ are there any announcements from staff?”
Proclamations/Presentations
Public Comment: Begin to singly announce the names on the speaker cards and ask them to
provide their name for the record. If there are no speaker cards, ask if anyone would like to
address the Council on a matter not on the Agenda.
Council comments/requests: Council announcements and requests.
Consent Calendar: “Madam Clerk would you please read the Consent Calendar.”
• Ask for motion to approve.
• If any items are pulled, announce: “Item Nos. (cite numbers) will be taken off the Consent
Calendar for discussion.”
• Ask for a motion and a second, “All in favor, oppose?”, “The motion passes.”
• Items taken from the Consent Calendar should be considered one at a time and the
appropriate staff member will approach the table to answer Council’s question(s) or
concerns(s)
• Ask for a motion and second for approval for each item.
(Any Councilmember should abstain from approving minutes from a meeting they were not
present)
Public Hearings
• Ask the Clerk to read the item.
• Open the public hearing.
• Call for the staff report.
• Inquire if the applicant is present and if so, would he/she like to speak after applicant speaks,
ask if there are any more speaker cards for this item and commence reading the speaker
cards.
• When everyone has spoken, declare the hearing closed.
APPENDIX 2
• Council discussion – when discussion is complete, ask “Do I have a motion?”, “A second?”,
“All in favor/oppose?”. On sensitive items and on motions requiring 4/5 or 2/3 vote, a roll
call vote is advisable. State: “Motion passes”.
• If no second is made, announce that the motion died for lack of a second.
• If an amendment is made to the original motion after it is seconded, obtain a motion and a
second on the amendment first.
• If a motion for approval fails, obtain a motion, second and vote to deny.
Administrative Business
• City Clerk will read each item.
• Staff Report
• Discussion
• Vote
Legislative Business
• City Clerk will read each item.
• Staff Report
• Discussion
• Vote
Items from Council: Committee Reports and Announcements
Closed Session
• City Clerk will read item.
• Reporting out – if no item(s) approved, state “direction given no action taken”; if item(s)
approved, have City Attorney report.
Adjournment
• When all business concluded, ask for motion and second to adjourn
• Gavel the meeting adjourned.
APPENDIX 4
APPENDIX 4
CITY COUNCIL POLICY REGARDING COUNCILMEMBER USE OF CITY PROVIDED TELECOMMUNICATIONS EQUIPMENT
1050973
APPENDIX 5
1. Legal Background:
Government Code section 37350 authorizes the City to authorize the acquisition of
personal (i.e. computers, chairs, cars, telephones, etc.) property. That section also authorizes the
City to establish controls for the use of such property. One limitation on the use or disposition
of public property is the gift of public funds prohibition in Article 16, Section 6 of the California
Constitution. That section prohibits the Legislature from authorizing cities to make gifts of
public money or things of value to any individual. The courts have, however, upheld
expenditures which have an incidental private benefit, where the primary purpose of the
expenditure is for a public purpose.
The ability of councilmembers to receive information or communicate with city staff and
constituents through telephone contact or e-mail or to research city-related business on the
Internet does serve a public purpose. Thus, providing telephones and computers with e-mail and
Internet capabilities for use for city business does not violate the gift of public funds prohibition.
A secondary issue is whether this equipment may be used for personal, non-city related business.
There is no case law which would expressly prohibit such use provided that the use is incidental
to the primary use of the computer for city business.
2. Usage Policy for Telecommunications Equipment:
A. City-owned telecommunications equipment including cellular telephones,
computers and fax machines (collectively "telecommunications equipment") shall be used
primarily for public purposes. Such public purposes include, but are not limited to, usage related
to City business, communication with City employees, communications with constituents, and
communications with other persons related to City business. The communications equipment
may be used for incidental private purposes. "Incidental private purposes" means that usage of
the telecommunications equipment for non-public purposes constitutes 33% or less of the total
usage of the telecommunications equipment and does not involve the City incurring any
additional expense.
B. Each councilmember shall receive on a quarterly basis an invoice of all calls
associated with his or her cellular telephone for the three month period ending on the last day of
the preceding month. Within thirty days of receipt of the invoice, each councilmember shall
reimburse the City for all private telephone calls shown on the invoice.
C. No data related to usage for incidental private purposes shall be stored on the
City-owned computer's hard drive. If a councilmember desires to download data or files for
incidental private purposes, the data or files shall only be downloaded to a diskette or other
storage media purchased by the councilmember. A councilmember may load commercially
available, properly licensed, software into their computer.
CITY COUNCIL POLICY REGARDING COUNCILMEMBER USE OF CITY PROVIDED TELECOMMUNICATIONS EQUIPMENT
1050973
APPENDIX 5
D. With respect to software and data files that the user did not create on the
computer, the user shall not load either onto the computer unless they have been provided by
the City or they have been checked for viruses. This limitation is intended: (1) to limit the
potential exposure of the city system to viruses; and (2) with regard to new software, to allow
the City to possess proper evidence of authorized ownership of all software on City-owned
computers.
E. The telecommunications equipment shall not be used for any campaign activities
or any partisan election purposes. The telecommunications equipment may be used for
objective, non-partisan informational purposes.
F. All usage of the telecommunications equipment shall comply with the restrictions
of the Brown Act.
G. Upon leaving office, a councilmember shall have the option of purchasing
surplus City-provided telecommunications equipment at market value. The value of the
equipment should be determined by standard market evaluation processes for personal
property, which include searches on online auction sites such as EBay and identification of
South San Francisco book value. All non-surplus City-provided equipment shall be returned
to the City. Equipment shall be considered "surplus" when at the end of the normal usage
period.
APPENDIX 6
CITY OF SOUTH SAN FRANCISCO
INTEROFFICE MEMORANDUM
DATE: July 25, 2019
TO: Honorable Mayor and City Council
FROM: Jason Rosenberg, City Attorney
SUBJECT: Donations to the City of South San Francisco
This memo addresses whether any potential conflict of interest may exist for individual
Councilmembers when donations are made to the City to be used to underwrite the cost of a City
sponsored event or City facility.
The conflict-of-interest laws generally apply when a gift in the form of a donation is made to a
particular councilmember. However, where such a donation is made to the public agency rather than
to the public official, it does not qualify as a gift under the conflict of interest laws pursuant to
California Code of Regulation Section 18944. Thus, under the limited circumstances of a gift to the
public agency and provided that such gift is made consistent with the provisions of Section 18944,
the gift does not create a conflict of interest should the donor of the gift be an individual or business
that may at some point in the future have an item before the City Council for consideration.
Specifically, Regulation 18944 provides that a payment shall be deemed a gift to the public agency
and not a gift to the public official if all of the following requirements are met:
(1)The payment is used for official agency business.
(2)The agency head controls use of the payment.
(3)The agency reports the payment on FPPC Form 801 (Payment to Agency Report) that is
maintained as a public record and includes the following information:
(a)A description of the payment, the date it was received, the intended purpose and
the amount of the payment or the actual or estimated fair market value of the
goods or services provided, if the amount is unknown.
(b)The name and address of the individual donor. If the donor is an entity, the report
must also describe the business activity, or the nature and interests of the entity. If
the donor has raised funds from another person for the specific purpose of making
the payment to the agency, the report must contain the name of each person and
the amount given by each person.
(c)The use of the payment, and the name, title, and department of the agency official
who used the payment.
(d)The signature of the agency head.
(e)For any quarter when payments aggregate to $2,500.00 or more since the last
filing, the local agency must submit a copy of the form(s) or a detailed summary
of the information on the form to the filing officer who receives the agency
employees' statements of economic interests, within 30 days after the close of the
quarter. The filing officer shall post a copy of the form or the information in the
form on its website, in a prominent fashion within 30 days after the close of any
quarter in which the agency receives payments aggregating to $2,500.00 or more
since the last filing.
Department Liaisons to Boards and Commissions
2021 Boards, Commissions, and Committees
Bicycle and Pedestrian Advisory Committee
(BPAC)
Public Works Department
Conference Center Authority Executive Director
Cultural Arts Commission Parks and Recreation Department
Design Review Board Economic and Community Development
Department/Planning Division
General Plan Community Advisory Committee Economic and Community Development
Department - Lisa CostaSanders (Consultant)
Housing Authority Executive Director
Library Board Library Department
Measure W Citizens’ Oversight Committee Finance Department
Parks & Recreation Commission Parks and Recreation Department
Parking Place Commission Economic and Community Development
Department
Personnel Board Human Resources Department
Planning Commission Economic and Community Development
Department/Planning Division
Traffic Safety Commission Economic and Community Development
Department
Youth Commission City Manager’s Office
County Board Commissions and Committee – Appointed by the City Council as representative
of the City of South San Francisco
Colma Creek Flood Zone Advisory Committee San Mateo County Public Works Department –
Ann Stillman, Deputy Director
Mosquito & Vector Control District San Mateo County Mosquito & Vector Control
District - Brian Weber District Manager
Updated: 08/2021
APPENDIX 7
CITY OF SOUTH SAN FRANCISCO
BOARDS, COMMISSIONS, AND COMMITTEES
Number of
Members
Term
Length
Term Limit Method of
Appointment
Bicycle and Pedestrian
Advisory Committee (BPAC)
7 4 years 3 City Council
Conference Center Authority 9 4 years 3 City Council
Cultural Arts Commission 11 4 years 3 City Council
Design Review Board
5
4 years
None
Planning
Commission
General Plan Community
Advisory Committee
10
2 years
Limited
Appointment
City Council
Housing Authority
5
4 years
4
City Council
Housing Authority Tenant
Commission
2
2 years
None
City Council
Library Board 5 3 years 4 City Council
Measure W Citizens’ Oversight
Committee
5
4 years
Limited
Appointment
City Council
Parking Place Commission 3 3 years 4 City Council
Parks & Recreation
Commission
7 4 years 3 City Council
Personnel Board 5 4 years 3 City Council
Planning Commission 7 4 years 3 City Council
Traffic Safety Commission 5 3 years 4 City Council
Youth Commission 15 2 years Age limit City Council
Colma Creek Flood Zone
Advisory Committee
3 City
Appointed
Representative
(9 members)
4 years
3
City Council
recommends
appointment to
the SMC Board
of Supervisors
Mosquito & Vector Control
District
1 City
Appointed
Representative
(21 members)
2 or 4 years
None
City Council
recommends
appointment to
the SMC Board
of Supervisors
Updated: 08/2021
APPENDIX 8
Revised 07/2021 APPENDIX 9
Commissions, Boards, and Committees Application Process
Council Procedures
Application
Procedures
Anyone interested in serving on a City Commission, Board or
Committee must complete and submit a City Commissions, Boards,
and Committee application. Forms are available in the City Clerk’s
Office. If there is no vacancy, the City Clerk will hold the application
on file for one (1) year from receipt. If there is a vacancy, the City
Clerk will notify the applicant of the date, time, and location of the
Biannual City Council meeting for Board and Commission
interviews/appointments.
Eligibility Review All applications received by the filing date are reviewed by the City
Clerk for conflict of interests, qualifications, and residency.
For applications submitted after the deadline has passed, the City
Clerk shall present the late application for consideration by the City
Council but note that the application was submitted after the deadline
passed.
Other than those City employees who are currently serving on a
Commission, Board, or Committee, City employees are generally
considered to have a conflict of interest and generally will not be
appointed (but may be re-appointed). However, any retired or former
City employee is eligible, and prior employment with the City is not
considered a conflict of interest.
Appointment
Procedures/Criteria
Except for the Conference Center Authority and the Bicycle and
Pedestrian Advisory Committee, Council may consider any
Commission, Board, or Committee applicant who is a resident in the
City of South San Francisco.
The Council will receive all qualified candidate application materials
for review prior to interviews. The City Clerk (or Council sub-
committee) will develop questions for a structured interview process.
Interview appointments will be scheduled and candidates will be
notified by the City Clerk.
During the interview, applicants will be assessed for background
information that would make the candidate a good appointee, any
continually recurring conflicts of interest, and reasons for wanting to
serve the City. Only those candidates who support the Council’s
philosophy and who can regularly attend meetings will be appointed.
Commission, Board, and Committee Application Process Page 2
City Council Procedures
APPENDIX 9
Reappointment
Process
Three (3) months prior to a term expiring, the Commissioner, Board
Member, or Committee Member will be asked about their interest in
reappointment. If not interested, a letter declining reappointment
should be forwarded to the City Clerk. If interested in reappointment,
an application must be submitted to the City Clerk by the final filing
date. Not less than sixty (60) days prior to the term ending, the
appointment will be advertised to notify other interested persons. The
Commissioner, Board Member, or Committee Member who is
interested in reappointment, as well as any other qualified persons,
who have applied, will be considered in the selection process.
Reappointment
Procedures/Criteria
The Council may not reappoint anyone who has demonstrated non-
support for the Council’s philosophy, who has been absent from more
than one-third of the regular meetings within a rolling 12-month
period, or who has a continually recurring conflict of interest.
Term of Office Other than the Library Board, Parking Place Commission, and
Cultural Arts Commission, appointments to a specific Commission,
Board, or Committee are limited to a maximum of three consecutive
terms. For purposes of calculating consecutive terms, service of at
least eighteen months plus one day during a term shall be counted as a
complete term; all prior continuous service of existing trustees shall be
counted.
Orientation Each new Commissioner, Board Member, or Committee Member will
have an orientation by the Department liaison for which the
Commission, Board, or Committee has responsibility, by the City
Attorney to review legal issues, and by the Mayor or designee to
communicate council philosophy.
APPENDIX 10
CITY COUNCIL POLICY REGARDING
REIMBURSEMENT OF COUNCILMEMBER EXPENSES
Authorized Expenses
City funds, equipment, supplies (including letterhead), titles, and staff time must only be
used for authorized City business. Expenses incurred in connection with the following
types of activities generally constitute authorized expenses, as long as the other
requirements of this policy are met: (1) Communicating with representatives of regional,
state and national government on City adopted policy positions; (2) Attending
educational seminars designed to improve officials’ skill and information levels; (3)
Participating in regional, state and national organizations whose activities affect the
City’s interests; (4) Recognizing service to the City (for example, thanking a longtime
employee with a retirement gift or celebration of nominal value and cost); (5) Attending
City events; (6) Implementing a City-approved strategy for attracting or retaining
businesses to the City, which will typically involve at least one staff member; (7) Direct
expenses, including mileage reimbursement and audio or video tape or DVD costs,
related to participation in community outreach programs (that do not involve any political
advocacy); and (8) Meetings such as those listed above for which a meeting stipend is
expressly authorized under this policy.
All other expenditures require prior approval by the City governing body.
Examples of personal expenses that the City will not reimburse include, but are not
limited to: (1) The personal portion of any trip, including meals, lodging, and other
incidental expenses; (2) Political or charitable contributions or events; (3) Family
expenses, excluding spouse or significant other’s registration or meal expenses when
accompanying Councilmember on City-related business within San Mateo County;
(4) Entertainment expenses, including theater, movies (either in-room or at the theater),
sporting events (including gym, massage and/or golf related expenses), or other cultural
events; (5) Non-mileage personal automobile expenses, including repairs, traffic
citations, insurance or gasoline; (6) Costs of alcoholic beverages and (7) Personal losses
incurred while on City business. Any questions regarding the propriety of a particular
type of expense should be resolved by the City Council before the expense is incurred.
Cost Control
To conserve City resources and keep expenses within community standards for public
officials, expenditures should adhere to the following guidelines. In the event that
expenses are incurred which exceed these guidelines, the cost borne or reimbursed by the
City will be limited to the costs that fall within the guidelines.
APPENDIX 10
Transportation
The most economical mode and class of transportation reasonably consistent with
scheduling needs and cargo space requirements must be used, using the most direct and
time-efficient route. Charges for rental vehicles may be reimbursed under this provision
if more than one Councilmember is attending an out of town conference, and it is
determined that sharing a rental vehicle is more economical than other forms of
transportation. In making such determination, the cost of the rental vehicle, parking and
gasoline will be compared to the combined cost of such other forms of transportation.
Government and group rates must be used when available.
Airfare. When possible, Councilmembers should arrange for air travel to be paid for in
advance by the City at the most economical and reasonable round-trip fare consistent
with the Councilmember’s scheduling needs. If advance arrangements cannot be made
due to lack of advance warning or other extenuating circumstances, Councilmember’s
may be reimbursed for the expense of the airfare, so long as it is the most economical and
reasonable round-trip fare consistent with the member or employee’s scheduling needs.
Automobile. Councilmembers shall use City vehicles for travel in performance of
official duties, when available. A log sheet shall be provided in all City Council vehicles
for Councilmembers to log in destination, dates and mileage for all travel. If a City
vehicle is unavailable Councilmembers may be reimbursed for expenses incurred in
traveling by personal vehicle on official business at the annual Internal Revenue Service
Standard Mileage Rate. The distance of travel will start from the place of work or
from home, whichever is closer to the destination point of official business.
Reimbursement shall include road and bridge tolls. Councilmembers shall be responsible
for procuring and maintaining liability insurance for their personal vehicles.
Car Rental. Councilmembers should arrange for car rentals to be paid for in advance by
the City at the most economical rate available for cars of standard size or smaller. If
advance arrangements cannot be made due to lack of advance warning or other
extenuating circumstances, Councilmembers may be reimbursed for the expense of car
rental. Since the City has no insurance coverage on the first $5,000 of property damage
and the first $100,000 of liability coverage, optional insurance coverage for rental cars is
both reimbursable and recommended.
Public Transportation Taxis/Shuttles. Because of the relatively high cost of car
rentals, Councilmembers should weigh the cost effectiveness of using taxis, shuttles, or
public transportation when travelling out of town and choose the most economical means
consistent with time and scheduling constraints. Taxis or shuttle fares may be reimbursed,
including a 15 percent gratuity per fare.
APPENDIX 10
Regional Non-Profit or Service Organization Events
Annual Limit for Regional Events and Dinners. Each Councilmember is subject to a
reimbursement limit of $1,500 per fiscal year for attendance at events, including dinners,
that benefit non-profit/service organizations (e.g., Kiwanis, Rotary, and Lion’s clubs) and
associations of government (e.g. CCAG, ABAG, LOCC Peninsula Davison, San Mateo
County Council of Cities) in the San Francisco Bay area. The Mayor is subject to an
annual reimbursement limit of $2,500 per fiscal year for attendance at said events. If the
Mayor requests that another councilmember attend an event in the place of the Mayor,
the costs for that event shall be charged against the Mayor’s annual reimbursement limit.
Charges for these expenses shall be to City Account Number 4380.
Expenses for attendance at conferences outside of the Bay area (e.g. LOCC state
conferences or committee meetings) are not subject to the annual reimbursement limit.
The annual limit for this category of expenses shall be determined as part of the annual
budget process.
Membership dues for any non-profit or service organization are not reimbursable
expenses.
Lodging
Lodging expenses will be reimbursed or paid for when the location of the official City
business is greater than 50 miles from the Councilmember’s work or home, whichever is
closer to the destination.
When possible, Councilmembers should arrange for lodging expenses to be paid in
advance by the City at the most economical and reasonable rates for single occupancy
lodging that is in a location that is reasonable and convenient in relation to the
Councilmember’s scheduling and official business needs.
Conferences/Meetings. If such lodging is in connection with a conference, lodging
expenses must not exceed the group rate published by the conference sponsor for the
meeting in question if such rates are available at the time of booking.
Other Lodging. Travelers must request government rates, when available. Lodging
rates that are equal or less to government rates are presumed to be reasonable and hence
reimbursable for purposes of this policy. Actual lodging costs that exceed the government
rate for the area may be reimbursed conditioned upon performance of a good faith effort,
evidenced by documentation (e.g., internet search, phone calls) that demonstrate an
attempt to find median-priced lodging.
APPENDIX 10
Meals
Councilmembers may be reimbursed for expenses incurred for meals consumed in
conjunction with travel on official business. Reimbursable meal expenses and associated
gratuities will not exceed $75 per day, excluding alcohol. In compliance with the City’s
Administrative Instruction Section IV, No. 2 – Travel and Training Policy and
Reimbursement of Expenses.
Such amounts will be annually adjusted beginning January 1, 2009, to reflect changes in
the cost of living in accordance with statistics published by the United States Department
of Labor, Bureau of Labor Statistics Consumer Price Index, all urban consumers for the
San Francisco Metropolitan Area. (The annual adjustment will be based on this area
whether travel is within the area or not.)
If a meal is provided by a conference or organized educational activity, or otherwise
included in the payment of registration fees, Councilmembers may not be reimbursed for
meals purchased in lieu of, or in addition to, the provided meal. Meal expenses incurred
by a Councilmember’s spouse or immediate family shall not be reimbursed.
Definition of Nominal Value related to Meals for FPPC Gift Reporting Purposes.
Meals with a value of $15 or less are considered to be of nominal value. Any meal with a
value that is not nominal, must however be reported if the value of the meal or a
combination of meals exceeds the $50-dollar annual reporting requirements for gifts.
Additional Incidental Expense Reimbursement
Councilmembers may be reimbursed for actual and necessary incidental expenses
incurred in connection with a conference, organized educational activity, or other
performance of official duties. Incidental expenses include reasonable gratuities for hotel
and airline employees, baggage fees, parking fees, cab fares, public transportation costs,
tolls, telephone calls, telegrams, faxing, and special delivery services related to the
performance of official duties, telephone calls of a personal nature, hotel internet charges,
and other such incidental expenses. Councilmembers may be reimbursed for such
incidental expenses related to reasonable gratuities for which receipts are not customarily
given.
Because the City provides cell phones to Councilmembers, phone reimbursement while
travelling out of town should be submitted only if no cell phone coverage exists.
Reimbursement for expenses incurred in placing telephone calls of a personal nature shall
be limited to $10 per day for travel within California, and $20 per day for travel outside
of California.
All other actual and necessary expenses incurred in the performance of official duties that
are not described in this Policy shall not be reimbursed unless approved before the
expense is incurred.
APPENDIX 10
Prohibited Expense Reimbursements
Councilmembers shall not be reimbursed for non-business expenses including, but not
limited to, entertainment expenses such as movie rental fees, theater tickets or sporting
event fees, fines for parking citations, laundry, replacement fees for lost keys, fees
assessed for damage to lodging premises, and expenses incurred pursuant to personal
portions of business travel, including extra lodging and meals.
Expense Report Content and Submission Deadline
All Councilmember expense reimbursement requests must be submitted on the Expense
Reimbursement Form found in Appendix 3 of this Handbook
Expense reports must document that the expense in question met the requirements of this
policy. For example, if the meeting is with a legislator, the local agency official should
explain whose meals were purchased, what issues were discussed and how those relate to
the City’s adopted legislative positions and priorities.
Councilmembers must submit their expense reports within 30 days of an expense being
incurred, accompanied by receipts documenting each expense. Restaurant receipts, in
addition to any credit card receipts, are also part of the necessary documentation.
Inability to provide such documentation in a timely fashion may result in the expense
being borne by the Councilmember.
Reimbursements will not be made until after review and approval by the City Manager
and the Finance Director (or their designees) for compliance with AB 1234.
Audits Of Expense Reports. All expenses are subject to verification that they comply
with this policy.
Reports To Governing Board. At the following City governing body meeting, each
official shall briefly report on meetings attended at City expense. If multiple
Councilmembers attended, a joint report may be made.
Compliance With Laws. Councilmembers should keep in mind that some expenditures
may be subject to reporting under the Political Reform Act and other laws. All agency
expenditures are public records subject to disclosure under the Public Records Act,
among other laws.
Violation Of This Policy. Use of public resources or falsifying expense reports in
violation of this policy may result in any or all of the following: (1) loss of
reimbursement privileges; (2) a demand for restitution to the City; (3) the agency’s
reporting the expenses as income to the elected official to state and federal tax
authorities; (4) civil penalties of up to $1,000 per day and three times the value of the
resources used; and (5) prosecution for misuse of public resources.