The URL can be used to link to this page

Home My WebLink About10.23.2023@630 SP CCMonday, October 23, 2023 6:30 PM City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Hall - City Manager Conference Room 400 Grand Avenue, South San Francisco, CA Special City Council BUENAFLOR NICOLAS, Mayor (District 3) MARK NAGALES, Vice Mayor (District 2) MARK ADDIEGO, Councilmember (District 1) JAMES COLEMAN, Councilmember (District 4) EDDIE FLORES, Councilmember (District 5) ROSA GOVEA ACOSTA, City Clerk FRANK RISSO, City Treasurer SHARON RANALS, City Manager SKY WOODRUFF, City Attorney Special Meeting Agenda 1 October 23, 2023Special City Council Special Meeting Agenda How to submit written Public Comment before the City Council Meeting: Members of the public are encouraged to submit public comments in writing in advance of the meeting via the eComment tab by 4:30 p.m. on the meeting date. Use the eComment portal by clicking on the following link : https://ci-ssf-ca.granicusideas.com/meetings or by visiting the City Council meeting's agenda page. eComments are also directly sent to the iLegislate application used by City Council and staff. American Disability Act: The City Clerk will provide materials in appropriate alternative formats to comply with the Americans with Disabilities Act. Please send a written request to City Clerk Rosa Govea Acosta at 400 Grand Avenue, South San Francisco, CA 94080, or email at [email protected]. Include your name, address, phone number, a brief description of the requested materials, and preferred alternative format service at least 24-hours before the meeting. Accommodations: Individuals who require special assistance of a disability -related modification or accommodation to participate in the meeting, including Interpretation Services, should contact the Office of the City Clerk by email at [email protected], 24-hours before the meeting. Page 2 City of South San Francisco Printed on 10/24/2023 2 October 23, 2023Special City Council Special Meeting Agenda CALL TO ORDER ROLL CALL AGENDA REVIEW PUBLIC COMMENTS: Comments are limited to items on the Special Meeting Agenda. ADMINISTRATIVE BUSINESS Study Session regarding proposed amendments to the City Council Handbook. (Sky Woodruff, City Attorney and Rosa Govea Acosta, City Clerk) 1. ADJOURNMENT Page 3 City of South San Francisco Printed on 10/24/2023 3 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-926 Agenda Date:10/23/2023 Version:1 Item #:1. Study Session regarding proposed amendments to the City Council Handbook.(Sky Woodruff,City Attorney and Rosa Govea Acosta, City Clerk) RECOMMENDATION It is recommended that Councilmembers review the City Council Handbook (Handbook),the suggested revisions,and provide direction regarding the policies set forth in the Handbook for approval at the November 8, 2023, regular meeting of the City Council. BACKGROUND/DISCUSSION Legislative History of the City Council Handbook The City Council first approved the City Council Handbook (Handbook)by Motion at a Regular Meeting on September 13,1989.The legislative history of the document indicates that the purpose of the Handbook is to establish operating procedures and general policies of the City Council.The Handbook is intended to serve “as a ready reference for Councilmembers,both new and experienced,regarding certain basic operations.An overview of various legal provisions,such as the basics of conflict of interest and the Brown Act,is provided. Practices which have evolved over time even though not required by law are also memorialized.In addition, topics which do not arise very often,but which tend to raise questions or issues when they do come up,are addressed in the revised Handbook. Revision and Maintenance of the Handbook Since the Handbook’s initial adoption in 1989,it has been revised by the City Council multiple times. Recently,at a Special Meeting on April 4,2023,the City Council provided feedback to the City Clerk and Assistant City Attorney for changes to the Handbook.The changes have been incorporated and attached in the redline document for Council’s consideration and discussion. Policy Amendments from Council Councilmembers may seek to direct policy revisions to sections of the Handbook based upon changed City priorities,and infrastructure.Accordingly,at this study session,Councilmembers should discuss their respective policy preferences,come to a concurrence,and provide direction to the City Clerk and City Attorney to prepare any additional revisions.Based on Council’s direction at this study session,the City Clerk’s Office will work with the City Attorney to prepare a revised version of the Handbook for adoption by the City Council at the November 8, 2023 regular meeting of the City Council. In addition to any policy issues Council wishes to address,the following seven (7)specific topics should be considered:Mayoral Rotation (City Council Handbook,p.14);Council Compensation (City Council Handbook, p.16);Rules of Order (City Council Handbook,p.23);Public Comments via Zoom (City Council Handbook, p.36);Board and Commission -appointment,reappointment,employment -Youth Commission (City Council Handbook,p.42);Positions on current issues (City Council Handbook,Legislation,p.48);and City Facility City of South San Francisco Printed on 10/19/2023Page 1 of 4 powered by Legistar™4 File #:23-926 Agenda Date:10/23/2023 Version:1 Item #:1. Naming Policy (City Council Handbook, p.50). Mayoral Rotation.In the standing version of the current Handbook,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 councilmember 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. The City Council will review and provide direction to the City Clerk and City Attorney on any changes to the current practice.Two alternative approaches to establishing the rotation have been proposed and are discussed in the draft. See City Council Handbook, p. 14. Council Compensation:City Council compensation is governed by state law.Under Government Code section 36516 and 36516.5,Council compensation can only be adjusted by ordinance.Changes only go into effect when a member of Council begins a new term.Increases can only be 5%per year since the last adjustment. Automatic adjustments are not allowed.Recent amendments to state law would allow Council to set members’ compensation at up to $1,600 monthly. The City Council will review and provide direction to the City Clerk and City Attorney.See City Council Handbook, p.16. Rules of Order.In the standing version of the current Handbook,the City Council adopted Robert’s Rules of Order as rules of procedures.It is suggested that the City Council transition to Rosenberg’s Rules of Order which is a simplified set of parliamentary rules widely used in California.The change would have no effect on current Council meeting procedures.Rosenberg’s Rules were written for the League of California Cities and reflect common procedures for city councils in California.Robert’s Rules contain rules never used by a city council and unnecessary to the conduct of meetings by a body with five members.The change to Rosenberg’s Rules would simplify and clarify the rules for Council, staff, and the public. The City Council will review and provide direction to the City Clerk and City Attorney.Refer to Rosenberg’s Rules of Order and City Council Handbook, p. 23. Public Comments via Zoom.Due to the spate of recent Zoom bombings,the City suspended virtual public comment commencing on October 11,2023,regular meeting.The suspension of public comments via Zoom was done in an effort to avoid the airing of racist and profane comments that have plagued many government agencies in recent weeks. Members of the public continue to have multiple ways to submit public comments via eComment, email to All City Council or City Clerk’s office, and in-person. Link to eComment portal: <https://ci-ssf-ca.granicusideas.com/meetings/> As reference, below are measures that San Mateo County cities have taken. CITY Virtual Comments (YES) Virtual Comments (NO) Atherton x Belmont x Brisbane x Burlingame x Daly City x Half Moon Bay x Millbrae x Pacifica x Redwood City x San Bruno x San Carlos x San Mateo x City of South San Francisco Printed on 10/19/2023Page 2 of 4 powered by Legistar™5 File #:23-926 Agenda Date:10/23/2023 Version:1 Item #:1. CITY Virtual Comments (YES) Virtual Comments (NO) Atherton x Belmont x Brisbane x Burlingame x Daly City x Half Moon Bay x Millbrae x Pacifica x Redwood City x San Bruno x San Carlos x San Mateo x The City Council will review and provide direction to the City Clerk and City Attorney on policy changes to “remote” public comments. See City Council Handbook, p. 36. Procedure for Making Appointments and Reappointments [to Board and Commissions].At the April 4,2023, special meeting,the City Council requested that the Handbook be updated to provide the process of reappointing incumbents,recruitment noticing,late application submittals and employment opportunities for members of the Youth Commission. The City Council will review and provide direction to the City Clerk and City Attorney.See City Council Handbook, p. 42. Policy on Expressions of City or Council Positions.In the standing version of the current Handbook,the City Council is periodically requested to formally support or oppose state or federal legislation.The Council will discuss the current process and determine if amendments are needed. If the Council wishes to have confirm or amend the policy,please provide clarity for staff.See Attachment 2, City Council Handbook, p. 48. Naming Policy.The City’s Naming of City Facilities Administration Instruction -Section I -No.4,defines the policies,responsibilities and procedures associated with the naming of City facilities.There has been a suggested change to the current process and the Council has been provided with the information. If the Council wishes to have confirm or amend the policy,please provide clarity for implementing staff.See Attachment 2, City Council Handbook, p. 50. Recommended Legislative Updates The Offices reviewed the Handbook to verify consistency with state law affecting procedure.In instances where there are clear internal inconsistencies with the Handbook, proposed revisions have been suggested. ·Handbook:The Handbook contains comments and feedback from Councilmembers,the City Attorney and City Clerk. Such revisions have been suggested throughout the body of the document. ·Appendix 1:Selection of Mayor and Vice-Mayor/Council Reorganization -subject to change City of South San Francisco Printed on 10/19/2023Page 3 of 4 powered by Legistar™6 File #:23-926 Agenda Date:10/23/2023 Version:1 Item #:1. depending on Council direction. ·Appendix 2:Guide to Conducting meeting -Changes to meeting format allowing for Public Comment to be heard before Consent Calendar. ·Appendix 3:In the standing version of the Handbook,the City Council Expense Reimbursement Forms are set forth at Appendix 3 -No changes. ·Appendix 4:In the standing version of the Handbook,the City Council Elected Official Benefit Summary was last updated on December 11,2018.Note that the Human Resources Director has provided changes to the summary. ·Appendix 5: Councilmember Use of City Provided Telecommunications Equipment.No changes. ·Appendix 6: Donations to the City.No changes. ·Appendix 7:Department Liaisons to Boards and Commissions.The suggested update removes appointments to County Board Commissions and Committee and lists the current Boards,Commissions, and Committees with department liaisons. ·Appendix 8:Boards,Commissions,and Committees.The suggested update includes term limits and reflects an accurate list of Boards, Commissions, and Committees. ·Appendix 9:Commissions,Boards,and Committees Application Process.The suggested update reflects changes as proposed by the Council for the current Board and Commission recruitment process. ·Appendix 10: Reimbursement of Councilmember Expenses.No changes. FISCAL IMPACT No fiscal impact. CONCLUSION After review and discussion,Councilmembers should provide feedback for additional changes to the Handbook. Attachments: 1)2023 City Council Handbook and Appendices with recommended changes. City of South San Francisco Printed on 10/19/2023Page 4 of 4 powered by Legistar™7 CITY OF SOUTH SAN FRANCISCO CITY COUNCIL PROCEDURES AND PROTOCOLS Prepared by: Office of the City Clerk Rosa Govea Acosta, City Clerk Adopted on August 25, 2021, Resolution No. 155-2021 8 1 | Page Table of Contents INTRODUCTION............................................................................................................. 3 MISSION STATEMENT ................................................................................................. 3 VALUES ............................................................................................................................ 3 GUIDING PRINCIPLES ................................................................................................. 4 CITY SEAL ....................................................................................................................... 4 CITY COUNCIL ............................................................................................................... 4 CITY COUNCIL-MANAGER FORM OF GOVERNMENT ...................................... 5 ROLES AND RESPONSIBILITIES ............................................................................... 6 CONCURRENT ROLES ................................................................................................. 9 COUNCIL COMMITTEE ASSIGNMENTS ................................................................. 9 ROLES IN DISASTER................................................................................................... 10 COUNCIL REORGANIZATION ................................................................................. 14 ELECTED SEAT VACANCIES ................................................................................... 16 COMPENSATION ......................................................................................................... 16 TRAINING EXPENSES ................................................................................................ 17 EQUIPMENT AND SUPPLIES .................................................................................... 18 QUORUM ........................................................................................................................ 18 SUBPOENAS................................................................................................................... 18 CONDUCT OF MEETINGS ......................................................................................... 19 COUNCIL CONDUCT WITH STAFF ........................................................................ 19 BROWN ACT.................................................................................................................. 20 ROSENBERG RULES OF ORDER ............................................................................. 23 ABSENCES AND REMOTE ATTENDANCE ............................................................ 23 LEGISLATIVE ACTIONS ............................................................................................ 26 VOTING .......................................................................................................................... 28 BASIC PROCEDURES – MAIN MOTIONS .............................................................. 29 REQUESTS FOR AGENDA ITEMS, ORDINANCES, OR LEGAL OPINION ..... 30 MEETINGS ..................................................................................................................... 30 AGENDA ORDER .......................................................................................................... 32 PUBLIC HEARINGS ..................................................................................................... 35 PUBLIC PARTICIPATION .......................................................................................... 36 9 2 | Page MEETINGS – VIDEO STREAMED AND BROADCAST ........................................ 41 MINUTES ........................................................................................................................ 41 BOARD AND COMMISSIONS .................................................................................... 42 STAFF ASSISTANCE .................................................................................................... 45 COUNCIL MAIL ............................................................................................................ 46 CONFLICT OF INTEREST .......................................................................................... 47 POLICY ON EXPRESSION OF CITY OR COUNCIL POSITIONS ...................... 48 POLICY ON COMMUNITY FUNDING ..................................................................... 49 POLICY ON NAMING OF CITY FACILITIES ........................................................ 50 10 3 | Page 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 the 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 terms. 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, inclusive, 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. South San Francisco is a place where everyone can thrive. Its high quality of life, divers and inclusive community, livable neighborhoods and excellent services, culture of innovation, and environmental leadership ensure all people have the opportunity to reach their full potential. VALUES As an organization we are committed to: • Diversity and Inclusion • Livability • Sustainability • Innovation 11 4 | Page GUIDING PRINCIPLES • Affordable, Safe, Attractive Amenity-Rich Neighborhoods • High-Qual ity and Accessible Services, Facilities, and Amenities for Residents at All Stages of their Lives • A Safe, Convenient, and Accessible Transportation Network Well-connected to the Region • A Resilient Community • A Prosperous Downtown and Local Economy 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. Councilmembers who abuse the use of the city seal in intentional political and campaign activities, such as paid campaign advertisements, shall apologize publicly over their abuse of city resources. The councilmembers will also do whatever is in their power to cease and desist the spread and distribution of such campaign materials. 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 elected at district- level seats by each of the City’s five (5) districts 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. The powers of a City Council in California to establish policy are quite broad. Essentially, councils may undertake any action related to city affairs other than those forbidden or preempted by state or federal law. Specifically, the City Council shall have the power, in the name of the city, to do and perform all acts and things appropriate to a municipal corporation and the general 12 5 | Page welfare of its inhabitants, which are not specifically forbidden by the Constitution and laws of the State of California. The South San Francisco City Council acts as a body. While the Mayor has some additional ceremonial and administrative responsibilities, no Councilmember has any power or additional votes beyond those of the other members or the Mayor. In the establishment of policy, voting and in all areas except those identified below, all members are equal. Except where the law requires a certain number of affirmative votes, a majority vote of the City Council establishes policy and makes decisions for the City. While an individual member may disagree with a decision of the City Council, a decision of the majority does bind the City Council to a course of action. In turn, it is the city staff’s responsibility to ensure that the policy of the City Council is implemented. Actions by city staff to implement a decision of the City Council do not reflect any bias against a Councilmember who held a minority view on that issue. CITY COUNCIL-MANAGER FORM OF GOVERNMENT Role of the City Manager The employment relationship between the City Council and the City Manager honors the fact that the City Manager is the chief executive officer of the City who works for five independently elected officials. The City Council and City Manager should be a participatory team. Councilmembers should avoid situations that can result in the City staff being directed by one or two members of the Council. Regular communication between the City Council and the City Manager is important in managing open communications. All dealings with the City Manager, whether in public or private, should respect the authority of the City Manager in administrative matters. The City Council evaluates the performance of the City Manager on an annual basis to ensure that both the City Council and the City Manager are in agreement about performance and goals. As in any professional relationship, it is important that the City Manager keeps the City Council informed. The City Manager respects and is sensitive to the political responsibility of the City Council and acknowledges that the final responsibility for establishing the policy direction of the City is held by the City Council. The City Manager’s power and authority include the ability to:  Review all agenda documents before preparing the agenda for any regular or special meeting of the City Council.  Direct the work of all appointive City officers and departments that are the concern and responsibility of the City Council, except those that are directly appointed by or report directly to the City Council. 13 6 | Page  Recommend to the City Council adoption of polices or procedures that the City Manager may deem necessary for the health, safety or welfare of the community.  Conduct research in administrative practices in order to bring about greater efficiency in City government.  Execute and issue letters of support in communication with the Mayor for funding support as directed by a majority of the City Council. Appointment of City Manager and City Attorney The City Council appoints two positions within the city organization: the City Manager and the City Attorney (currently a contract attorney). Both positions serve the will of the City Council as a body. The City Manager is an employee of the City and has an employment agreement that specifies certain terms of employment including an annual performance evaluation by the City Council. The City Manager is responsible for all other personnel appointments within the City with the exception of the City Attorney’s office. 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. ROLES AND RESPONSIBILITIES Councils are comprised 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 the Council may "agree to disagree" on contentious issues. All members of the City Council, including those serving as Mayor and Vice-Mayor, have equal votes. No Councilmember has more power than any other Councilmember, and all should be treated with equal respect and provided with the same opportunities for discussion and dialogue during deliberations considered by the council. Mayor ∗ Is nominated and appointed on a special council meeting held after the final declaration of the results of the preceding Council election and prior to the first general council meeting in December during election years, and on a special held council meeting prior to the first general council meeting in December in non-election years. ∗ Serves as the presiding officer of the City Council, preserving strict order and decorum at all publicly noticed meetings of the City Council; announces City Council decisions on all subjects; and decides all questions of order, including items to be placed on the regular council meeting agenda in communication with the City Manager, City Attorney, and City Clerk, subject to modification by the City Council. ∗ Plans and organizes with City Manager and city staff the annual City Council strategic priorities retreat. ∗ Leads the City Council into an effective, cohesive working team. ∗ Is recognized as the ceremonial spokesperson for the City. 14 7 | Page ∗ Serves as the City Council’s spokesperson in the media. However, when a direct inquiry is made to Councilmembers from media, members should apprise the Mayor and City Manager of communications with any media outreach, interview or presentations, when possible and if timing permits. ∗ Selects a substitute for City representation when unable to attend and speak. ∗ May call for special meetings or council study sessions as necessary in response to the scope and timing of the City Council’s workload and schedule. ∗ Signs minutes or other required documents on behalf of the City when Mayor’s signature is required. ∗ Appoints other councilmembers to regional or county govt bodies, associations, boards, and commissions and checks in with them on their current assignments. ∗ Rotates the assignment of councilmembers to internal assigned committees that focus on direct internal city work. ∗ Responds to correspondence submitted to the full City Council on non-agenda items, regular mail or electronic communication. ∗ Oversees the administration of proclamations and plaques as adopted by the City. Council. ∗ Issues proclamation and plaques as needed without formal action by City Council. However, any councilmember may submit a request to the Mayor for such items. Certificates of recognition and commendations may be issued by all members without formal approval action being taken. ∗ Coordinates the annual performance evaluation of the City Manager and City Attorney. ∗ Is entitled to vote on all matters and vote counts only once but does not have veto power or ability to break any form of vote ties. ∗ Has the discretionary decision-making authority of time-allotment given to speakers or members of the public during special or regular council meetings. * The Mayor may require any person addressing the Council to be sworn in as a witness and to testify under oath and must so request 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. Vice Mayor ∗ Serves as the presiding officer when the Mayor is absent. ∗ Performs all of the duties of the Mayor in the Mayor’s absence or specific duties at the request of the Mayor. ∗ Represents the City at ceremonial functions at the request of the Mayor. Councilmembers ∗ Participate in all scheduled City Council meetings in person or virtually as allowed by the Brown Act and in other public forums while demonstrating respect, consideration and courtesy to others. ∗ Serve as role models of leadership, public service and civility to the community. ∗ Inspire public confidence and respect in City government. ∗ Demonstrate honesty and integrity in every action and statement. 15 8 | Page ∗ Prepare in advance of City Council meetings and be familiar with issues on the agenda. This includes making every effort to consult with the City Manager and ask questions with enough time for a response to be provided prior to the City Council meeting. ∗ Shall not represent publicly that they have authority to take action on behalf of the City in their capacity as an elected official or that they have authority to take action on behalf of the City on any matter that has no direct effect on the local affairs of the City and over which the City has no jurisdiction, including and not limited to the council district they have been elected to represent. This includes writing or authoring letters of support or other documents without prior authorization from the Mayor and City Council. ∗ Shall be respectful of other people’s time, stay focused and act efficiently during public meetings. ∗ Commit to spending time each year outside of regular City Council meetings to work with the City Manager and staff on setting goals and priorities for the City government, including the District they represent, and by attending the annual council retreat and/or to work on issues that may be inhibiting the maximal achievement of City goals. ∗ May represent the City at ceremonial functions at the request of the Mayor. ∗ Serve on City Council regional, boards, associations, ad hoc committees, and city committees as appointed by the Mayor. ∗ Represent the City Council on County, area, district, or state boards, committees or commissions, and other public agencies, or quasi-public agencies, as appointed by the Mayor with City Council confirmation. The confirmation will be done publicly at the City Council's first meeting, following the City Council Reorganization, typically in January every year under "Items from Council" with a roll-call vote of approval by members. ∗ Complete all required training in a timely manner, including State-mandated AB 1234 Ethics Training, Workplace Harassment Training, and Cyber Security training. ∗ File all required Fair Political Practices Commission documentation, including the annual Statement of Economic Interests and campaign statements in a timely manner with all entities as required i.e., Successor Agency and Regional Bodies. All Councilmembers will: ∗ Be responsible for the highest standards of respect, civility and honesty in ensuring the effective maintenance of intergovernmental relations. ∗ Respect the roles of all elected officials and City staff to ensure an open and effective government. ∗ Comply with both the letter and spirit of the laws and policies affecting the operation operations of government. ∗ Serve as role models of leadership and civility to the community. ∗ Inspire public confidence in South San Francisco government. ∗ Work for the common good, not personal interest. ∗ Fully participate in City Council meetings and other public forums while demonstrating respect, consideration, and courtesy to others. ∗ Participate in scheduled activities to increase Council effectiveness. ∗ Review Council procedures, such as these Council Protocols, biennially. 16 9 | Page ∗ Represent their respective districts and bring forth issues of concern that may affect their district(s) and may have a citywide impact. ∗ Represent the city on regional appointed bodies (boards, associations and commissions) and ensure that the voice of the city is brought forth in all votes and matters addressed in those bodies. ∗ Sign city issued proclamations, commendations and certificates of recognition, as needed. ∗ Represent the City at ceremonial functions at the request of the Mayor. ∗ Provide contact information to the City Clerk in case an emergency or urgent situation arises while the Councilmember is out of town. 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. COUNCIL COMMITTEE ASSIGNMENTS 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. 17 10 | Page The Mayor shall assign each Councilmember to various standing committees every year. 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. There should be a yearly rotation in December for city internal committees and ad-hoc bodies in order for all members of the council to gain knowledge, provide feedback and expertise on city matters. The external/regional assignments shall stay the same year over year, unless there is a vacancy created by termination of term of office, death, or other physical restrictions that do not allow a member to continue in that role. The consistency of members in each of the regional bodies is important for the representation of the city and for contextual business knowledge of the topics of that body. San Mateo Council of Cities/City Selection Committee Before each Council of Cities meeting, the Mayor shall consult the City Council on the direction for the first vote for a position. On the first vote for a position opened and advertised and subsequently selected by the San Mateo Council of Cities/City Selection Committee, the City’s designated representative which can be the (i.e., Mayor or Vice Mayor or the presiding officer indicated via a formal proxy) must vote in accordance with the City Council’s direction. All subsequent votes are left to the discretion of the designated representative. If the Mayor is not able to attend the monthly San Mateo Council of Cities/City Selection Committee meeting the order of seniority will take place and the Vice Mayor will serve as proxy by submitting a formal document and submitting, it to the county clerk of the board via the City Manager’s office. At these meetings, the Mayor, Vice Mayor or the most senior member of council (determined by election date) will introduce the council delegation attending and representing the city at these events/meetings. ROLE IN DISASTER The City Council has some special, extraordinary powers in the case of a disaster. Some meeting restrictions and expenditure controls are eased in such extreme situations. In critical situations the City Council may be directed to assemble in the City’s Emergency Operations Center (EOC), to provide policy guidance and to receive information. Refer to South San Francisco Municipal Code Chapter 2.72, which establishes the disaster Council under state law, and the City’s Emergency Operation Plan. 18 11 | Page For the statutory provisions authorizing cities to establish disaster relief bodies, see Gov. Code § 8610 et seq. For the statutory provisions on the State Emergency Council’s rules and regulations governing disaster services workers, see Gov. Code § 8580. 2.72.010 Purposes. The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations and affected private persons. (Ord. 622 § 1, 1971) 2.72.020 Definition. As used in this chapter, “emergency” means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of this city, requiring the combined forces of other political subdivisions to combat. (Ord. 938 § 1, 1983; Ord. 622 § 2, 1971) 2.72.030 Disaster Councilmembership. The city disaster council is created and shall consist of the following: (a) The Mayor, who shall be chairman; (b) The director of emergency services, who shall be vice-chairman; (c) The assistant director of emergency services; (d) Such chiefs of emergency services as are provided for in the current emergency plan of this city, adopted pursuant to this chapter; (e) Such representatives of civic, business, labor, veterans, professional or other organizations having an official emergency responsibility, as may be appointed by the director with the advice and consent of the City Council. (Ord. 622 § 3, 1971) 2.72.040 Disaster council powers and duties. It shall be the duty of the city disaster council, and it is empowered, to develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The disaster council or selected representation therefrom shall meet upon call of the chairman or, in his absence from the city or inability to call such meeting, upon call of the vice-chairman. (Ord. 622 § 4, 1971) 2.72.050 Director and assistant director of emergency services. (a) The offices of director of emergency services and assistant director of emergency services are created. The City Manager shall be the director of emergency services and the fire chief shall be the assistant director of emergency services. (b) The order of succession to the office of the director of emergency services shall be the assistant director and thereafter the police chief. (Ord. 1053 § 6, 1989; Ord. 622 § 5, 1971) 19 12 | Page 2.72.060 Powers and duties of the director and assistant director of emergency services. (a) The director is empowered to: (1) Request the City Council to proclaim the existence or threatened existence of a local emergency if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect; (2) Request the governor to proclaim a state of emergency when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency; (3) Control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this chapter; (4) Direct cooperation between and coordination of services and staff of the emergency organization of this city; and resolve questions of authority and responsibility that may arise between them; (5) Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein; (6) In the event of the proclamation of a local emergency as herein provided, the proclamation of a state of emergency by the Governor or the Director of the State Office of Emergency Services, or the existence of a state of war emergency, the director is empowered: (A) To make and issue rules and regulations, on matters reasonably related to the protection of life and property as effected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council, (B) To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use, (C) To require emergency services of any city officer or employee and, in the event of the proclamation of a state of emergency in the county in which this city is located or the existence of a state of war emergency, to command the aid of as many citizens of this community as he deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers, (D) To requisition necessary personnel or material of any city department or agency, and (E) To execute all of his ordinary power as City Manager, all of the special powers conferred upon him by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him by any statute, by any agreement approved by the City Council and by any other lawful authority. 20 13 | Page (b) The assistant director shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this city; and shall have such other powers and duties as may be assigned by the director. (Ord. 1053 § 7, 1989; Ord. 622 § 6, 1971) 2.72.070 Emergency organization. All officers and employees of this city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who may by agreement or operation of law, including persons impressed into service under the provisions of Section 2.72.060(a)(6)(C), be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the city. (Ord. 622 § 7, 1971) 2.72.080 Emergency plan. The city disaster council shall be responsible for the development of the city emergency plan, which plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a local emergency, state of emergency or state of war emergency, and shall provide for the organization, powers and duties, services and staff of the emergency organization. Such a plan shall be in effect as of the date of an approving resolution by the City Council. (Ord. 622 § 8, 1971) 2.72.090 Relationship with San Mateo Operational Area. The city of South San Francisco shall be a member of the San Mateo Operational Area Emergency Services Organization, which serves to coordinate civil defense and disaster plans, programs and agreements among the political subdivisions in the county of San Mateo and between the political subdivisions and the Office of Emergency Services of the state of California. The Mayor or an alternate from the City Council shall be a voting member of the San Mateo Operational Area Emergency Services Council, which serves as the governing body of the San Mateo Operational Area Emergency Services Organization. (Ord. 938 § 2, 1983; Ord. 622 § 9, 1971) 2.72.100 Expenditures. Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. (Ord. 622 § 10, 1971) 2.72.110 Penalty for violations. It is a misdemeanor, punishable by a fine of not to exceed five hundred dollars, or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to: (a) Willfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him by virtue of this chapter; (b) Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil 21 14 | Page the lives or property of inhabitants of this city, or to prevent, hinder or delay the defense or protection thereof; (c) Wear, carry or display, without authority, any means of identification specified by the emergency agency of the state. (Ord. 622 § 11, 1971) COUNCIL REORGANIZATION Newly elected Councilmembers are sworn into office at a special meeting in December following a regular municipal election on even election years. 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). A reception will be held immediately following the reorganization meeting provided that there is no other emergent matter occurring at that time or a declared state of emergency. The City Council shall meet annually to choose one of 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 or before the Tuesday that immediately precedes the Wednesday of the first regularly scheduled meeting of the City Council in December, unless the Mayor and City Council select a different date in discussion with the City Clerk’s office. In even numbered years in which a regular City Council election occurs, the reorganization shall follow certification of the election results by the San Mateo County Office of Elections. Selection of Mayor and Vice Mayor Below are proposals to change the current rotational policy to make it more equitable. Option A – Rotation by District: Members rotated in order of the district number they represent. With the advent of district elections, it is important to ensure that every district has an equal chance at representation through the Mayorship. In the event of new councilmembers being elected and beginning their term on their district’s “Mayor year,” it will be required for any new Councilmember to start their first year as Councilmember, then the subsequent year as Vice Mayor, and the third year as Mayor. The order will temporarily skip that district’s new councilmember to the next in line, until that new Councilmember is in their third year, where they will have some experience that allows them to serve more effectively. The order will resume following the temporary displacement. This will allow for newly elected Councilmembers to gain experience instead of immediately assuming the Mayor role. A councilmember does not have to be Vice Mayor the year immediately preceding their Mayoral year. 22 15 | Page For example: a regular District 1 councilmember through this order will serve as Mayor in Y1 and Y6. A NEW D1 councilmember is Mayor in Y3 and Y6… because if the District 1 Councilmember is new, they will serve as such in the following years: Order of Rotation per District Under this policy, the order would be: 2023 District 3 2024 District 4 2025 District 5 2026 District 1 Option B – Rotation by Seniority: Members are rotated by seniority, but rather than going in order of vote total, the order would be determined by: % of votes earned by the winning candidate - (100 / total number of candidates) This would allow candidates who earned a larger proportion of votes and performed better than if every voter voted randomly. This also removes the influence of voter turnout in the Mayoral rotation. 2020: Nagales = 100 - (100 / 1) = 0 Coleman = 52 - (100 / 2) = 2 2020 Election Data 2022 Election Data Nicolas = 100 - (100 / 1) = 0 Addiego = 66 - (100 / 2) = 16 Flores = 54 - (100 / 3) = 21 23 16 | Page Under this policy, the order would be: 2023: Mayor Nicolas, VM Coleman 2024: Mayor Coleman, VM Nagales 2025: Mayor Nagales, VM Flores 2026: Mayor Flores, VM Addiego 2027: Mayor Addiego, VM Nicolas ELECTED SEAT VACANCIES Government Code Section 36512 governs the filling of City Council, City Treasurer, and City Clerk elected vacancies for general law cities if the City has not already adopted its own ordinance governing vacancies pursuant to that section. Per Government Code Section 36512, the City Council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. The special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent. However, the City may enact an ordinance providing that a person appointed to fill a vacancy holds office only until the date of a special election which shall immediately be called to fill the remainder of the term. COMPENSATION Each member of the City Council receives a monthly salary as provided for in the South San Francisco Municipal Code Chapter 2.12, 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. 24 17 | Page City Council compensation is governed by state law. Under Government Code section 36516 and 36516.5, Council compensation can only be adjusted by ordinance. Changes only go into effect when a member of Council begins a new term. Increases can only be 5% per year since the last adjustment. 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. 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. TRAINING EXPENSES Below is guidance on the use of public funds as presented by the Fair Political Practices Commission (FPPC) online AB 1234 training. “Public officials deal with many difficult and complex issues. It can be helpful to attend conferences to learn more about these issues and consult with officials from other jurisdictions about what they do. There are a number of conferences that offer valuable information to help local officials better serve their communities. But what happens if an official says he or she is going to a conference and then the official misses all or most of the educational sessions? Such a scenario raises both legal and ethical issues. The legal issue is that all expenditures of public money must support a public purpose. The public purpose of sending someone to a conference is for the attendee to acquire new information and knowledge to help better serve the community. If the official doesn't do this (and instead uses the trip as a recreational opportunity), the official risks being accused of using public resources for non-public, personal purposes. The ethical issue is whether the charge can be made that the official misrepresented his or her purpose in traveling to the conference location. If the official said it was to attend the conference, but the official really didn't, then both the official's colleagues and the public's trust in the official's truthfulness will be diminished. Use of Public Resources for Political Purposes The same rules that prevent personal use of public resources also prohibit political use of public resources. This means public officials may not use agency equipment, supplies or staff time for political purposes. 25 18 | Page "Political purposes" includes activities to promote or defeat candidates for public office; they also include campaign activities promoting the passage or defeat of ballot measures. Consequences of Violations Misuse of public resources for personal or political purposes is punishable by: • Civil penalties of up to $1,000 a day plus three times the value of the resource used. • Criminal penalties include a two- to four-year prison term and being disqualified from holding public office. • Prosecution for income tax evasion, with associated penalties under federal law. • Administrative or civil penalties under the Political Reform Act for failure to report the value of the misused resources as a campaign contribution if the official is running for office. Note too that local officials have also been sued by private parties seeking to force the local officials to pay back the dollar value of the public resources the private parties believe that the officials misused.” EQUIPMENT AND SUPPLIES The City provides Councilmembers with a computer, cellular telephone, iPad, accessories, and credit card. The City Council should use city-provided equipment consistent with the City Council policy for the use of telecommunications equipment. City issued credit cards shall only be used for city expenses. Councilmembers must submit original or legible digital receipts, within two weeks of expenditure, to the City Manager’s office with notation as to the nature of the expense. The City will not reimburse Councilmembers for the cost of attendance at any political event. Appendix 5: City Council Policy for use of telecommunication equipment. 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 either in person or a combination of in person and virtual, the Mayor, Vice-Mayor, or any Councilmember may adjourn a meeting, or if no Councilmember is present, the City Clerk may adjourn a meeting. 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. 26 19 | Page CONDUCT OF MEETINGS The Council should refer to one another formally during Council meetings as Mayor, Vice- Mayor or Councilmember 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. Councilmembers 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. Councilmembers are role models for residents, businesspeople, and other stakeholders involved in public debate. At meetings Councilmembers should agree to sit at the dais, use the microphone and chair assigned to them and not sit elsewhere during a meeting. COUNCIL CONDUCT WITH STAFF Treat All Staff as Professionals: Clear, honest communication that respects the abilities, experience, and dignity of everyone is expected. No demeaning or belittling of staff during public meetings shall occur. If there is a particular incompetency of performance the matter shall be addressed privately with the City Manager via correspondence or via conversation As with Council colleagues, practice civility, respect and decorum in all interactions with City staff. Do not attend any city staff or departmental meetings unless requested by staff. This includes and is not limited to if the Councilmember does not say anything, the Councilmember’s presence may imply support, show partiality, intimidate staff, or hamper 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 electronically or otherwise 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 written request for information shall be distributed to all Councilmembers. The councilmember should not need to be identified when the information is shared to all councilmembers. 27 20 | Page 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, texts, a virtual meeting, 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. 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 the 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 28 21 | Page 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, and if there is a crippling disaster. 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- thirds 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 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 29 22 | Page 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 an 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 to be taken. Before a 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 the Brown Act provisions and requirements including relevant case law, please refer to the publication prepared by the First Amendment Coalition, a copy of 30 23 | Page 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. ROSENBERG’S RULES OF ORDER Rosenberg’s Rules of Order is a simplified set of parliamentary rules widely used in California. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations, and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly. The rules were developed by Dave Rosenberg, a longtime Superior Court Judge in Yolo County, based on his decades of experience chairing meetings in state and local government. The rules have been simplified for smaller governing bodies and slimmed down for the 21st Century, while retaining the basic tenets of order. https://www.calcities.org/resource/rosenberg's-rules-of- order-simple-rules-of-parliamentary-procedure-for-the-21st-century Procedural matters not otherwise covered by either city ordinance, city resolution, state law, or this handbook, are handled in accord with Rosenberg's Rules of Order. No provision in Rosenberg’s Rules is to be construed to supersede any procedure adopted by the City Council or required by state law. It is recognized that Rosenberg’s Rules apply 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 Rosenberg’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 specific 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. ABSENCES AND REMOTE ATTENDANCE Councilmembers are strongly encouraged to attend meetings in person. 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 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. 31 24 | Page State law allows Councilmembers to attend meetings remotely by following the procedures outlined in Government Code Section 54953(b) (“Standard Remote Attendance”) or the procedures outlined in Assembly Bill 2449 (2022) (“AB 2449 Remote Attendance”). For convenience, these procedures are summarized below and are current as of the date of Handbook revision. If state law is subsequently amended, the amended terms of State law will apply. 1. Number of Remote Appearances Remote attendance shall be permitted not more than 3five (5) times a year per legislative body (for example, five times a year for full Council meetings and five additional times a year for each Council committee). AB 2449 rules still apply which state that no more than two meetings may be attended remotely during a calendar year for “just cause,” as described below. 2. Standard Remote Attendance Procedures A Councilmember attending remotely using these procedures must ensure that: a) The meeting agenda identifies the remote attendance 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 a regular meeting and 24 hours prior to a special meeting. b) The remote attendance 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. c) Members of the public who attend the meeting at the remote attendance location have the same opportunity to address the Council from the remote location that they would if they were present in Council Chambers. d) The remote attendance location must not require an admission fee or any payment for attendance. e) If the meeting includes a closed session, the Councilmember must ensure that there is a private location available for that portion of the meeting. A private location means a closed room such that no other person can hear any portion of the closed session. f) All votes must be by roll call. g) At least a quorum of the City Council must attend the meeting from locations within the City, but they are not required to be at the same location. If the Councilmember intends to follow the procedures of Standard Remote Attendance but determines that any or all of these requirements cannot be met, he or she shall not participate in the meeting remotely using Standard Remote Attendance procedures. 3. Standard Remote Attendance Guidelines a) Five days written notice in advance of the publication of the agenda must be given by the Councilmember to the City Clerk’s office about their intent to participate remotely; the notice must include the address at which the remote attendance will occur, and the address the Council packet should be mailed to if a hard copy is requested. b) The Councilmember 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, faxing or mailing the 32 25 | Page agenda to whatever address or fax number the Councilmember requests; however, it is the Councilmember’s responsibility to ensure that the agenda arrives and is posted. If the Councilmember needs 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. c) The Councilmember must ensure that the location will be publicly accessible while the meeting is in progress. d) The Councilmember 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. 4. AB 2449 Remote Attendance Procedures In 2022 the Legislature adopted AB 2449, which amended the Brown Act to allow remote participation in certain narrow circumstances (listed below) without publishing the remote location on the meeting agenda and without providing public access from the remote location. Where the requirements of AB 2449 are met, a Councilmember is not required to follow the procedures described in Section 2.3(b)(3)(A)-(E), above. A Councilmember may use AB 2449 if the Councilmember has either “just cause” or “emergency circumstances” that require remote participation, as defined by AB 2449. A. Just cause. I. “Just cause” is defined as: (a) a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires remote attendance. (b) a contagious illness that prevents in-person attendance. (c) a need related to a physical or mental disability which cannot be resolved by a request for reasonable accommodation, or (d) travel while on the business of a state or local agency. II. Notice. A Councilmember with “just cause” to attend remotely must notify the Council or Council committee and the City Clerk at the earliest possible opportunity, including at the start of the meeting, of their need to participate remotely. B. Emergency Circumstances. “Emergency circumstances” is defined as a physical or family medical emergency that prevents a Councilmember from attending the Council meeting in person. (a) Notification and acceptance. a. A Councilmember attending remotely due to “emergency circumstances” must notify the Council or Council committee and the City Clerk at the earliest possible opportunity. b. The Council or Council committee must request a general description of the circumstances relating to the Councilmembers’ need to appear remotely. The 33 26 | Page description does not need to be more than 20 words, and the Councilmember does not have to disclose any personal medical information. c. At the earliest opportunity available to it, the Council or Council committee must, by a majority vote of its members, take action on the request to approve or disapprove it. If the request does not allow sufficient time to place it on the agenda for the meeting for which the request is made, the legislative body must take action on the request at the beginning of the meeting by majority vote. C. Disclosures. Under both Just Cause and Emergency Circumstances, Councilmembers attending remotely must publicly disclose at the meeting before any action is taken whether any other individuals 18 years of age or older are present in the room at the remote location with the member and the general nature of the member’s relationship with the individual. D. Technology. Councilmembers attending remotely shall participate using both audio and visual technology. The technology must provide a two-way electronic platform to allow members of the public to hear, observe, and participate remotely in the meeting. E. Quorum. At least a quorum of the Council must participate in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the City. If the Councilmember intending to follow the procedures of AB 2449 Remote Attendance determines that any or all of these requirements cannot be met, they shall not participate in the meeting remotely using AB 2449 Remote Attendance procedures. LEGISLATIVE 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 to be presented at an appropriate function. Proclamations are public announcements directing attention to a person, an organization or event, or bringing awareness or commemorating a holiday or cause of historic significance. They can also be issued to individuals such as Citizen of the Year, a retiring employee, 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. They will be presented are regular council meetings and the Mayor may designate a councilmember to read the proclamation into the record. All members of the City Council should make every effort to sign the proclamation prior to the start of the council meeting in which it will be presented unless unforeseen circumstances prevent them from doing so. Commendations/Certificates of Recognition 34 27 | Page 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/or Councilmembers and are presented at an appropriate function or Council meeting. Councilmembers may request a certificate of recognition for a particular cause, organization or person or event happening in their respective districts. 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. This minute orders shall be delivered by the City Manager’s office via electronic form to all residents and posted outside of city hall. The City Manager will consult with the City Clerk and Communications director to ensure consistency and factual information and votes/motions from the meeting are recorded and publicly shared. 35 28 | Page 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. VOTING Votes are taken by voice or roll call and entered in full upon the record. Votes are by roll call unless a request for a voice 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 constitues an abstention vote. Councilmembers who are silent during voting shall have their vote recorded as abstaining. Abstention votes on a motion will not be counted. When a Councilmember recuses themselves to comply with the Political Reform Act and Fair Political Practices Commission regulations and they leave a meeting, they will be counted as absent. When a Councilmember recuses themselves for other reasons where they are not legally required to do so, their recusal will be treated as an abstention. In which case, a stated reason as to the recusal should be provided. Consistent with Rosenberg’s Rules, the present and voting rule will be used for abstentions. 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. 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. Except for quasi-judicial matters, at the next regular meeting after a vote, a Councilmember may request that an item be agendized at a subsequent meeting for reconsideration. • If a majority of the Council votes affirmatively to reconsider the item, it will be scheduled for a future meeting. • Any Councilmember may change their vote as part of the reconsideration. Disqualification and recusal of a vote. 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 with another date. Any such continuance suspends the running of any time in which action of the City Council is required by law. Any Councilmember may place on an agenda for a subsequent meeting a matter which resulted in a tie vote. 36 29 | Page 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 6. Approval of a new member of council either by appointment or the call of a special election to elect a new member. – 3 Affirmative Votes 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 the 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 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 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. 37 30 | Page REQUESTS FOR AGENDA ITEMS OR FOR ORDINANCES OR LEGAL OPINIONS To ensure all Councilmember views are represented, council agendas contain sections titled "Council Comments/ Requests" and “Items from Council – Committee Reports and Announcements”. This portion of the meeting allows any Councilmember to request an agenda item for a future meeting and allows 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 there is no dissenting or opposing articulated action from a majority of the Councilmembers when the support for the request at that time is made, then the item shall be placed on a future agenda. Upon support for the request, the Councilmember may suggest and provide direction to the City Manager and staff on information that is desired to be presented and 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 a particular issue shall not be provided with a copy of the opinion or ordinance. 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. Seating in Council Chambers The Mayor sits in the middle seat at all formal in-person Council meetings. The Vice Mayor is seated immediately on the right side next to the Mayor. The former Mayor, if still in office, will sit on the left of the Mayor, if not the assignment will be left at the will of the current Mayor. The other Councilmembers will join in as per the will of the current Mayor. The new Mayor shall exercise the right to assign the seats of the two Councilmembers accordingly. 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 Library | Parks and Recreation Center, 901 Civic Campus Way, 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 and posted online. 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. 38 31 | Page Special Meetings A special meeting may be called at any time by the presiding officer or by a majority of the Councilmembers, by providing written notice twenty-four (24) hours in advance to each member of the Council electronically 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 visibly 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. Continued Items When a meeting is adjourned or an item is continued to another date, generally the continued item will be placed first on that portion of the agenda at that meeting; however, where deemed necessary, the City Clerk, with the concurrence of the City Manager and Mayor, may place a continued item in a different order on the agenda. 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, meeting with the City Manager to get updated and if possible, listening to, viewing the recording and reading the minutes of the meeting. Any item or hearing may be continued to any subsequent meeting in accordance 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 39 32 | Page notice of continuance of the hearing must be posted immediately following the meeting at which the determination to continue the matter was made. 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 or fine any Councilmember, the City Manager, City Attorney, department head who, without authorization, discloses the substance of any discussion which took place during a closed session. 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, consultants, and legal staff. 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 in the Council Chambers and 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. No Council comments, special recognitions or committee reports shall occur at study sessions. 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. AGENDA 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 prepare and publish the agenda. In an effort to highlight an agenda item, or to address the growing interest of a particular agenda item, the City Council, may direct the City Manager to review and change the agenda and may take matters up out of order, any member may bring this up and a vote will be taken if there is a dissent from any of the members present. The Order of items for Regular meetings shall be as follows: 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 40 33 | Page 4. Agenda Review 5. Announcements from staff 6. Presentations 7. Council Comments/Requests 8. Public Comments 9. Consent Calendar 10. Public Hearing 11. Administrative Business 12. Items from Council – Committee Reports and Announcements 13. Closed Session 14. Adjournment The Order of items for Special meetings shall be as follows: 1. Call to Order 2. Roll Call 3. Agenda Review 4. Public Comments – Comments are limited to items on the Special Meeting agenda. 5. Consent Calendar 6. Public Hearing 7. Administrative Business 8. Closed Session 9. 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 or designee calls the roll. In the absence of the Mayor and the Vice- Mayor, the City Clerk or designee 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. Order of Business For a regular or special meeting, the City Council will take up its business for consideration and disposition in the order prescribed as follows; however, the City Council, may direct the City Manager to review and change the agenda and may take matters up out of order; any member may bring this up and a vote will be taken if there is a dissent from any of the members present. Items may be placed on the Consent Calendar by the City Manager when such items are expected to be routinely approved without discussion or debate. The Consent Calendar shall be voted upon as one item, provided, however, that Councilmembers may request that an individual item be removed from the Consent Calendar, in which case the item shall be considered after the vote on the remainder of the Consent Calendar. Any item pulled from the consent agenda may be up for discussion and a brief staff explanation will be provided to provide context or answer the question or reason the item was pulled/removed from the consent calendar. Members of the public will only have one opportunity to address the council on ALL items on the consent 41 34 | Page calendar; there will not be separate time allotted for each individual item on the consent calendar, if more than one item is commented by a member of the public. Appendix 2: Sample guide to conducting Council meetings. Presentations The total amount of time for all presentations shall not exceed fifteen minutes per meeting unless otherwise approved by the Council. This includes presentations from staff, community members or a group, or by a councilmember. It should be the aim that the total amount of time for all presentations shall not exceed fifteen minutes per meeting. The council may motion to vote to move presentations to future meetings or to the end of the meeting after fifteen minutes have passed. Council Discussions To assist the City Council in the development of a structure for orderly discussion of items, rules have been prepared which represent accepted practices for the management of City Council meetings. 1. Obtaining the floor. A member of the City Council or staff shall first address the Mayor to gain recognition. Comments and questions should be limited to the issue before the Council. Cross-exchange between Councilmembers and public should be avoided. 2. Questions to Staff. A Councilmember shall, after recognition by the Mayor, address questions to the Department Director or designated staff member. If a Councilmember has questions on an agenda item, that member should make every reasonable effort to express and share those questions to the City Manager and with their knowledge, contact staff prior to the meeting in order to allow staff time to research a response/answer for the meeting. If staff answers a written question from a Councilmember about an item on the agenda via written form, that response should be copied to all other Councilmembers. 3. Interruptions. Once a Councilmember has the floor, other Councilmembers may not interrupt except to make a point of order or point of personal privilege. The public may not interrupt or interfere with a councilmember’s comments. 4. Discussion Limit. A Councilmember should not speak more than once on a particular subject until every other Councilmember has had the opportunity to speak, unless that item is of high concern to the district that councilmember represents. 5. Tabling Procedure Tabling an item immediately stops discussion and causes a motion and a vote to postpone a matter indefinitely or to a time and date certain. This requires the majority vote of Councilmembers. 6. Right of protest. A Councilmember is not required to state reasons for a dissenting vote. 7. Calling for the question. The purpose of calling for the question is to disallow further debate and put an issue to an immediate vote. A Councilmember may move to “call for the question” on an item which is being considered. The motion requires a second, is not debatable, and must pass by a four-fifths vote. If the motion carries, the item is no longer debatable, and no further action or public comment may be taken, and the City Council must vote on it. Introduction of Items After 11:00 PM 42 35 | Page The City Council makes every effort to end its meetings before 11:00 p.m. The Council also will 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 votes. The Mayor may ask the City Manager to identify any time-sensitive matters needed to be addressed by the council and shall prioritize those items over any others than warranting a lengthier or more substantive discussion. The City Council will endeavor to conclude its remaining business that evening in an expeditious manner by continuing all other items of anything other than a routine nature. 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) Public Hearing opened by presiding b) Staff presentation c) Questions of staff by Council d) Comments from public e) Public Hearing closed by presiding officer f) Questions by Council g) Discussion by Council h) 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, this should also take into account number of members of the public also joining in virtually and speaking remotely. 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 43 36 | Page 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 and public comment has been received or read. 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 the 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 the 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 will 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 during the meeting on the record prior to the opening of the hearing at the Council meeting. PUBLIC PARTICIPATION 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 acting 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 at 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. Public Comments Members of the public will be afforded the opportunity to speak on all items under the subject matter jurisdiction of the City Council that do not otherwise appear on the agenda or Consent Calendar items. 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 individual 44 37 | Page speaking time and/or limit the total amount of time for public comments (Gov. Code sec. 54954.3.(b)(1).). Speakers may not assign unused time to other speakers. The Mayor may grant organized groups (in lieu of individual speakers) –10 minutes for a group presentation. 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-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. In instances where there is a technical or audio issue, the clock will be reset to allow for total time without interruption. The public should not ask direct questions to city staff, City Manager, City Attorney or other non-elected or appointed members of the council but should address their comment to the City Council only. Staff may be provided the opportunity to present a summary of each staff report and will be available to answer questions of Councilmembers and not questions from a member of the public or group of persons. During special or study session meetings, the public may address the City Council only on matters listed for discussion on the agenda. Due to the number of items on the agenda and the length of City Council meetings, and to ensure equal treatment of all speakers, the following time limits have been set: The Mayor has the authority to modify the time limits set forth above based on the size of the agenda and the number of speakers. Agenda Section Time Limits Public Communication – Public Comments A maximum of 3 minutes for each person whether an individual or group spokesperson. Total time of 30 min. Total time allocated at the beginning of the meeting – 30 minutes Additional time for public comment may be allocated at the end of the meeting, at the discretion of the Mayor Time may be modified by the Mayor in some circumstances Public Hearing – Order of Presentations Time Limits Staff presentation As needed Appellants (when not applicants) 15 minutes Applicants 15 minutes Organized presentations (group spokesperson) 10 minutes Individual speakers 3 minutes 45 38 | Page Rebuttal by applicant 5 minutes Rebuttal by appellant 5 minutes A final warning by the Mayor will be issued when the decided public comment time limit has been reached. The public commenter will have ten seconds to wrap up their testimony. To be fair, public comments that go beyond ten seconds past the decided time limit will be cut off by the City Clerk or designee. All members who are cut off will be informed that they are able to submit the remainder of their public comment through email to the City Council via the City Clerk. For virtual meetings, if remote public comments are allowed, members of the public will have the ability to participate remotely and give public comments through Zoom or another two-way teleconference platform. For meetings at which public comment may be provided via Zoom or another two-way teleconference platform, the City Clerk, or designee, will first call on the members of the public at the in-person meeting location. Following the conclusion of those comments, members of the public participating remotely who have expressed interest in providing public comment by raising a “virtual hand”, will be allowed to speak. Members of the public who provide comments virtually shall be given the same amount of time as members of the public who attend a meeting in-person. Members of the public are not required to identify themselves but as a courtesy to the council, could if they wanted to identify themselves and their place of residence. Speaker Cards and Other Protocol If a member of the public wishes to address the City Council and they are attending the meeting in person, they will be asked to complete a digital speaker card for the record, which includes the speaker's name, address and other contact information, and the number of the agenda item. The completion of a public comment card is not necessary to address the City Council but will aid the City Clerk in maintaining an accurate record. The digital speaker card will be made available via an electronic kiosk at the meeting location. Those attending the meeting virtually will not be required to fill out a speaker’s card but will make every effort to signal their interest in speaking or providing comment by raising their “virtual hand”. To ensure accuracy of the record, members of the public addressing City Council should speak in an audible tone of voice into the microphone. For those members of the public addressing the council virtually, they should be aware of when the clerk of its designee unmutes them and allows them to start their comments. 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 of a Councilmember or any city staff member or consultant. 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. 46 39 | Page Addressing the Council during Council Deliberations Council deliberations are defined as the time when the City Council has heard staff or consultant presentation, has allowed time for public comment and has then proceeded to discuss and deliberate the item amongst themselves prior to a motion or vote. No person may address the City Council following the time for public testimony and during City Council deliberations, this includes during or after a presentation, unless a majority of the City Council agrees or in answer to a specific question directed to the individual by a member of the City Council. Failure to Speak Any failure of a member of the public to request to speak on an item, or any failure by the City Council to afford an opportunity to speak on an item, shall not affect the City Council's right to act on that item or the validity of any action subsequently taken by the City 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. Decorum The City of South San Francisco strongly denounces hate speech and does not tolerate disruptive behavior in meetings. The City of South San Francisco prides itself on the rich diversity of its residents. The City Council is committed to creating a culture of belonging where members of the community feel included, safe and respected. Members of the public are asked to refrain from making disrespectful and hateful comments. 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. Unless that Councilmember is calling a point of order on the speaking councilmember. To assist the City Council in working with a wide variety of backgrounds, personalities, opinion, values, and goals, additional protocols are outlined below: 1. Use Formal Titles. Councilmembers should refer to one another formally during public meetings as “Mayor,” “Vice Mayor,” or “Councilmember,” followed by the individual’s last name. 2. Technology. All Brown Act rules should be followed regarding technology devices. However, it is understood that during hybrid meetings Councilmembers may utilize their devices to aid them in the meeting. 3. Practice civility, respect and decorum in discussions and debates. 4. Honor the role of the Mayor in maintaining order. 5. Do not demean, embarrass or speak down to city staff or senior management members. 47 40 | Page 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 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. Warnings. The Mayor shall ask that any person violating the rules of decorum be orderly and silent. The warning shall be in substantially the form described below. If, after receiving a clear verbal warning from the Mayor, the person persists in disturbing the meeting, the Mayor may order a brief recess of the City Council to regain order. If the person persists in disturbing the meeting, despite having been previously warned, the Mayor may order them to leave the City Council meeting. If the person does not depart the City Council Chamber on their own volition, the Mayor may order any law enforcement officer who is on duty at the meeting as Sergeant-at- Arms of the City Council to escort that person from the City Council Chamber. If a member of the public causing a disturbance is attending virtually, the City Clerk or designee will remove the individual from the virtual meeting and/or mute them. The Mayor shall deliver the requisite warning in substantially the following form. If the member is attending virtually this will also be provided in written form via virtual mode for the individual to read clearly. It will state as follows: You are hereby advised that your conduct is in violation of the Rules of Order and Decorum of the City Council and California Penal Code Section 403, and you are directed to be orderly and silent. Penal Code Section 403 states that any person who, without authority of law, willfully disturbs or breaks up a lawfully convened meeting of the City Council is guilty of a misdemeanor. Continued disruption of this City Council meeting will result in your removal from the meeting by the Sergeant-at-Arms and you will not be permitted to return to City Council Chamber for the duration of the meeting. In addition, any continued disruption of this meeting is grounds for your being arrested and charged with a misdemeanor. Do you understand this admonition? Misdemeanor. Any person who willfully disturbs or breaks up a City Council meeting may be arrested and charged with a misdemeanor, pursuant to California Penal Code Section 403. For members of the public, city staff or others attending a meeting in person: Cellular telephones or any other telecommunications or two-way communication device should be in silent mode or turned off during the entirety of the City Council meeting. 48 41 | Page Literature distribution or petition circulation is not permitted in the Council Chambers when the Council is in session or during council meeting recess. When such activity is conducted in a place where it is legally allowed, it may not be done in a manner that blocks Councilmembers, the public or city staff or city employees from accessing a Council meeting. 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 from an in-person meeting. The Chief of police or the representative of the Chie of police has the additional right to 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 in-person and virtually 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. This includes areas where there will be closed session or utilized during council meeting recess. MEETINGS – VIDEO STREAMED AND BROADCAST All Regular City Council meetings held in the City Council Chamber or via virtual platforms are broadcast live and rebroadcast on the City’s government access channel, web-streamed on the City’s web site, and digitally archived. The recordings of the City Council meetings are not the official record of those meetings. The minutes are the only official record. MINUTES The City Clerk shall ensure the preparation of the minutes of each City Council meeting, and these minutes will comprise the official record of the actions of the City Council. City Council minutes are action minutes, wherein little narrative is included, for televised meetings. Non- televised meetings may contain additional information. Councilmembers may request revisions to the minutes subject to a majority vote of the City Council. Councilmembers having only typographical corrections to minutes are encouraged to provide such corrections to the City Clerk directly and need not wait to submit such corrections at a meeting. To make amendments to the minutes of a City Council meeting, a Councilmember should notify the City Clerk in writing of the proposed changes in advance of the meeting. In doing so, this will allow the City Clerk to prepare an amended set of minutes for distribution either prior to or during the City Council meeting. Once the minutes are approved by the City Council, the Mayor and City Clerk will sign the 49 42 | Page minutes verifying their accuracy. The City Clerk will maintain the minute archives. BOARDS AND COMMISSIONS Boards and Commissions (except the Housing Authority, Design Review Board, 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 the Council has reached a decision after due consideration of a matter, it is inappropriate for a Board or Commission or its members to criticize verbally or written or via social media the council 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 or be an elected or appointed official of another governing body in public service, except for members of the Youth Commission. In order to be eligible for an appointment to any Board or Commission, a person must be a resident of the City, and in some instances a resident of the specific council district representing, 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 Housing Authority Tenant Commission, Measure W Citizens’ Oversight Committee, Emeritus Members, Ex Officio Members, and Council representatives to the Conference Center Authority are compensated at a rate of $100.00 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. 50 43 | Page Procedure for Making Appointments and Reappointments to Boards and Commissions The appointment or removal of any board or commission (“advisory body”) member who is required by ordinance to be appointed by the City Council shall require the affirmative vote of a majority of the Council. Advisory body members serve staggered terms. Administrative Support Administrative support will be provided to the board, commission, and committees by a City staff member. The City Clerk’s Office will manage the recruitment and application process. The City Clerk’s office will notify all members at least 30 days prior to their term expiration and those members eligible to continue serving shall express their interest to continue serving to the City Clerk. The City Clerk will share the results with the Council and the Mayor will provide direction on the reappointment process. The default is that currently serving advisory body members will be interviewed for reappointment. However, if it is determined that an advisory body member’s performance is outstanding, or that other factors necessitate keeping them in their role, then an automatic reappointment can occur with a majority vote or majority consensus of the City Council agendized item (Consent Calendar) at a regularly scheduled City Council meeting. If an advisory body member is not reappointed without interview, then the potential appointment will be advertised and recruited for interviews. After reappointments are complete, the City Clerk will recruit for open seats utilizing multiple avenues including advertising, city newsletter, Mayor’s weekly email, website, social media, and networking lists to present qualified candidates to the Council for consideration. If an advisory body member does not seek reappointment there will be an additional two weeks of recruitment to advertise and publicize the opening of that position. In the event that a current advisory body member resigns, an official letter of resignation stating the date of final service should be submitted to the City Clerk’s office and shared with the City Council. An advisory body member may continue to serve past the end of their term and until the reappointment or recruitment process is completed. Any person desiring to be considered for an appointment to any City Board or Commission should submit an online application. Applicants shall be encouraged to submit a resume and cover letter. Paper applications must be typed (handwritten applications will not be accepted) and may be submitted on an on-going basis. For applications submitted after a deadline has passed, the City Clerk shall acknowledge that the application is past the filing deadline and that it will not be considered in the upcoming recruiting cycle. Applications are considered current for one year from the date received. It is the responsibility of the applicant to be aware of the date of submittal and track its date of expiration of the application. All interviews will be held in person unless indicated by an emergency declaration. No hybrid interviews will be considered unless under special 51 44 | Page circumstances. Any applicant who fails to attend their interview will be disqualified and their application will be removed from consideration from the date of the interview and for a year. There will be no excused absences for interviews or rescheduled interviews for applicants who failed to attend their interview. Appendix 9: Commissions, Boards, and Committees Application Process. Any appointees must comply with appropriate provisions of law regarding disclosure of financial interests, if applicable. The City Council will not 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 on any board or commission are filled by appointment in the same manner as original appointment, including but not limited to reappointment by a councilmember authorized to make an 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. Advisory body members may be removed by a majority vote of the City Council following three excused or two unexcused absences during a twelve-month period. An absence is considered excused when an advisory body 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 members by email and via email regarding the absentee policy. The staff liaison should remind the Board or Commission members that with one more absence, the City Council will be informed of the members’ 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 staff liaison shall inform the City Clerk and the City Manager’s Office. The City Manager’s office shall draft a letter from the Mayor to the Board or Commission members regarding the absentee policy and request an explanation before the Mayor brings the matter to the Council. The Mayor shall provide a report to the council on a quarterly basis via a report created by the City Clerk’s office of any current appointments that require action or attention due to unexcused absences. 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. 52 45 | Page The preceding procedures shall not apply to non-voting Emeritus Members of appointed Boards and Commissions or to city liaison committees with other governing bodies. Any member of an appointive Board or Commission may also be removed by simple majority vote of the City Council. 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. The interview and selection of candidates is an open process. The City Council reviews the applications and votes to select the most qualified applicants to interview. Following the interviews, the City Council ballots and appoints the applicant(s) receiving the highest number of votes. 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. STAFF ASSISTANCE The 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 to the City Manager or designee. The City Manager should be copied on any request to Department Heads or other city employees. Councilmembers 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. 53 46 | Page 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. Councilmembers shall refrain from coercing staff into 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. They should not be shared publicly or to department heads. 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 intergovernmental body as they may affect the City, update the councilmember on past or current action items or legislation pertaining to that body, support the councilmember with correspondence to that body, scheduling with those meetings and at times attend the meeting with the councilmember, as deemed appropriate by the City Manager and advise and assist the Councilmember in presenting issues. Requests for assistance with speech and correspondence preparation should be made to 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. City Councilmembers may alert staff through the City Manager, or while copying the City Manager, of any requested amendments or suggestions to agenda items, so that staff may have adequate time to prepare such amendments ahead of council meetings. COUNCIL MAIL Except when mail is marked “confidential”, the City Manager or its immediate designee is authorized to receive and open all regular post office mail addressed to Councilmembers, and to give it immediate attention. Mail specifically sealed and marked “personal” or “confidential” will be transmitted to the Councilmembers unopened. Administrative business referred to in mail opened by the City Manager or designee 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. Each Councilmember including the Mayor and vice Mayor shall exercise the best use of city letterhead in all correspondence. Councilmembers are allowed to correspond to constituents directly via mail using city letterhead and or other elected officials as long as they don’t officially state an opinion on behalf of the city or entire City Council in the correspondence. 54 47 | Page 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 step down from the dais. A member may remain on the dais for consent items, as long as they are voted on with other consent items and not taken individually. 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. Levine Act Report (SB 1439) The purpose of the Levine Act is to prevent public officials who are members of local government agencies, including the City Council, from being influenced by campaign contributions from individuals and parties appearing before them. This summary of the Levine Act does not constitute legal advice. The principal requirements are listed below: • While a license, permit, or other entitlement for use from the City is pending, and for 12 months after a final decision is made on the matter, a Councilmember may not solicit, accept, or direct a contribution of more than $250 from a party, a participant with a financial interest, or their respective agents. • A Councilmember may not make, participate in making, or in any way use their official position to influence a decision regarding a license, permit, or other entitlement if they have received a contribution of more than $250 from a party, a participant, or their respective agents within the previous 12 months unless they have returned the contribution. • A party to a proceeding involving a license, permit, or other entitlement for use pending before the City in the proceeding must disclose any contribution of more than • $250 made to a Councilmember within the previous 12 months was made by them or their agents. Additional information regarding the Levine Act and associated regulations, can be found below: • FPPC – 2023 Changes to Section 84308 • Government Code Section 84308 55 48 | Page 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 (FPPC), by written letter, can confer immunity from subsequent enforcement action. The FPPC has sole jurisdiction to administer, interpret, and enforce the Political Reform Act statue and the newly adopted regulations implementing the amended statutory language. Behested Payment Reporting – FPPC Form 803 A behested payment is when a state or local elected official or a member of California’s Public Utilities Commission solicits a donation to an organization, such as a 501(c)(3), that is used for legislative, governmental or charitable purposes. These types of payments are not considered campaign contributions or gifts, but are payments made at the "behest" of elected officials to be used for legislative, governmental or charitable purposes. While state law limits the amount of campaign contributions and gifts, there are no limits on behested payments. State law requires the reporting of behested payments if they total $5,000 or more per calendar year from a single source. There are no reporting requirements for payments up to $4,999.99. Officials must report the behested payments within 30 days of the date they are made by filing FPPC Form 803 (Behested Payment Report) with the City Clerk's Office. Donations to the City – FPPC Form 801 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. Officials must report the p ayment within 30 days of the date made by filing FPPC Form 801 (Payment to Agency Report) with the City Clerk's Office. Appendix 6: Solicitation of Donations. 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 56 49 | Page its residents as a whole. It should do this in conjunction and working with the City Manager and considering the city’s hired consultants specializing in public policy/affairs in legislative matters at the state or federal level. The Council may also weigh the position of the League of California Cities in such policy considerations. 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. Every Councilmember will be allowed to send letters of support or opposition with their individual name signed on it, and without any other councilmember’s name on it unless consent is given. It will be clearly stated in the letter that the statement is a reflection of a singular councilmembers’ words, and not the official position of the city or the entire City Council. For legislative matters that are voted on during council meetings, letterhead and signatures of the Mayor, Vice Mayor, and three Councilmembers will all be included in the letter. Legislative letters of support or opposition passed in this manner will be the official position of the city or City Council and the letter will state it as such that its contents was voted on by a majority or unanimously by the Councilmembers. 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 or unrestricted funding. 4. Recipients are asked to provide financial and performance accountability. 5. Requests for funds must be received in a timely fashion. The application period commences on the first Monday in January and closes on the last Friday in January of each year. 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. POLICY ON DEDICATION OF PUBLIC FACILITIES Dedication of the 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. A majority vote from the City Council will be required for all building dedications. All new dedications of naming of individuals or buildings should also be reviewed by the City Council naming committee. 57 50 | Page POLICY ON NAMING OF CITY FACILITIES (formerly listed as Administrative Instruction – Naming of City Facilities – Section I – No. 4) Definitions "Buildings" are City owned facilities that house employees or are otherwise used to conduct City business. Buildings may include, but are not limited to, City Hall, the Municipal Services Building and libraries. "Support Facilities" are City owned facilities that are used to support field operations. Support facilities may include, but are not limited to, the Corporation Yard and Water Quality Control Plant. "Park Sites" are City owned parks, open space and trail areas. Park sites include developed and undeveloped park areas and designated open space areas. "Recreation Facilities and Amenities" are facilities/amenities used primarily for recreation and leisure activities, including, but not limited to, athletic fields, tennis/basketball courts, gymnasiums, recreation centers, meeting rooms and theaters. General The policy of the City is to name facilities in a manner that will provide an easy and recognizable reference for the City's customers. Therefore, naming options will always consider a name based on the facility's geographic location. However, the policy also establishes conditions for the consideration of naming options based on other factors. Geographic Location. Whenever possible, all City facilities will be named for their geographic location. The geographic location may be based on the identification of the facility with a specific place, neighborhood, major street, regional area of the City or the City itself if the facility is deemed to service the entire community or the Bay Area. Other Considerations. Consideration of names for facilities may also include a prominent form of topography, a prominent plant, bush or tree and historical precedent. Individual/Organizational Recognition. The naming of City facilities in honor of individuals or community organizations may be considered under the following conditions: • The individual, their family or a community organization has made exceptional contributions to the City, including one or more of the following: a) financial gifts; b) public service as an elected official; c) public service as a community volunteer; and d) long term sponsorship agreements. • There must be a well-defined connection associated with the contributions of the individual or community organization and the City facility. • The significance of the contribution from the individual/organization needs to be evaluated in terms of the service impact of the City facility. Individuals and organizations that have made contributions of regional or community-wide significance may be considered for names of facilities that serve the region or community. Individuals and 58 51 | Page organizations that have made contributions of areas or neighborhood-wide significance may be considered for naming of facility that serve areas or neighborhoods within the City, including recreational facilities and amenities within City parks. New Facilities At least 180 days prior to opening a new City facility, the assigned City staff will propose a name to the Council Committee on Policy Development and Internal Operations for buildings and support facilities and the Council Committee on Recreation and Cultural Affairs for park sites and recreation facilities. The appropriate Council Committee will provide a recommendation for consideration by the City Council. Following review by the appropriate Council Committee, the proposed name may be reviewed, if necessary, by the Planning Commission or Park and Recreation Commission. The appropriate Commission will conduct a public hearing regarding the proposed name and provide a recommendation for consideration by the City Council. The recommendations of the appropriate Council Committee and Commission regarding the proposed name will be summarized for consideration by the City Council. The City Council is responsible for the final approval of the proposed name. Existing Facilities Requests to rename existing facilities will be received by the assigned staff, investigated and summarized for review by the appropriate Council Committee within 90 days. The appropriate Council Committee will provide a recommendation to the City Council. Following review by the appropriate Council Committee, the proposed name for City facilities other than existing park sites and recreation facilities/amenities may be reviewed, if necessary, by the appropriate Commission. The renaming of the existing park site or recreation facility/amenity must be reviewed by the Parks and Recreation Commission through a public hearing prior to consideration by the City Council. The recommendations of the appropriate Council Committee and Commission regarding the proposed name will be summarized for consideration by the City Council. The City Council is responsible for the final approval of the proposed name. Except in very unusual circumstances, there will be no renaming of existing streets. 5491875.1 59 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 The election of the Mayor and Vice -Mayor shall be by vote of a majority of members of the City Council. The Mayor shall be seated and assume the duties of presiding officer immediately following the election of Mayor and before the election of the Vice Mayor unless a motion is carried to elect and seat the Mayor and Vice Mayor at the same time. The mayoral rotation system can be changed at any time by a Council majority vote. 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 60 APPENDIX 1 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. 61 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: “The Mayor will ask for Roll Call.” Pledge of Allegiance: “Please stand for the Pledge of Allegiance.” (Mayor announces who will lead the pledge.) Agenda Review: “City Manager______ are there any changes to the Agenda?” Announcements from Staff: “City Manager______ are there any announcements from staff?” Presentations: All proclamations, certificates of recognition, and presentations under this item. Council comments/requests: Council announcements and requests. Public Comment: City Clerk or designee invites speakers and announces that this section is designated for items not on the agenda or to speak on Consent Calendar items. Speakers will be called in random order. All speakers in person will be given priority, then if allowed, remote speakers. If there are no speaker cards, ask if anyone would like to address the Council on a matter not on the Agenda. Consent Calendar: “The Mayor requests the item to be read.” • Ask for motion to approve. • If any items are pulled by a Councilmember, 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.” OR • Ask for a motion and a second, roll call vote. • 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 wishing to abstain from approving minutes due to absence shall state their abstention for the record.) Public Hearings • The Mayor requests the item to be read. • The Mayor opens the public hearing. • Call for the staff report. • Inquire if the applicant is present and if so, invite the applicant to speak after the applicant speaks, ask if there are any speakers for the item and call speakers. 62 APPENDIX 2 • When everyone has spoken, and all speakers have provided public comment, the Mayor closes the public hearing. • 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 • The Mayor requests the item to be read. • Staff Report • Discussion • Vote Legislative Business • The Mayor requests the item to be read. • Staff Report • Discussion • Vote Items from Council: Committee Reports and Announcements Closed Session • The Mayor requests the item to be read. • 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 is concluded, the Mayor adjourns the meeting. • Gavel the meeting adjourned. 63 Rev 1/2021 To: Accounts Payable, Finance Dept. Department Division Period Hotel Other B L D Code For Other Expenses:TOTAL: A Taxi, Bus or Car Fare B Telephone C Parking Fees Mileage: Include mileage summary &/or mapquest printout. D Train/Plane Fares (attach receipts)Miles @ = E Registration Fees (attach receipts) Jan 2020-Dec 2020 Jan 2021-current Miles @ = F Guest Expenses (Name & Title) G Miscellaneous (attach receipts)Total Amount of Claim H Tips (program will calculate amounts entered) I Per Diem NOTE: Safety shoes, uniform and tools allowance requests - fill out "Reimbursement Form - Payroll (Boots/Uniforms/Tools)" and forward to PAYROLL with original receipt(s) attached. For Wellness and Personal & Professional reimbursements-complete "Personal and Professional Reimbursement Form," attach original receipt(s) and forward to HUMAN RESOURCES. ** Due to IRS regulations, reimbursements for meals for one day (non-overnight) travel are not allowed unless the meal is part of the cost of registration itself or if the meal is for a work meeting. I have received an advance of $ I certify that this claim is a true record of expenses incurred on official business of the City of south San Francisco during the above period. Amount of Claim Acct. No.Amount: Less Advance $ Acct. No.Amount: Acct. No.Amount:Net Amount Due APPROVED BY:Acct. No.Amount: For Use by the Department of Finance PRE AUDIT APPROVAL APPROVAL By:Date: Director of Finance Date Date Paid:Check No. $ $ $ $ Date $ $ $ $ $ $ $ Date Explanation Meals ** Daily Total CITY OF SOUTH SAN FRANCISCO STATEMENT OF EXPENSE 2021 Administrative Instruction IV.2 Name 0.575 0.560 For employee reimbursements, scan completed form including supervisor signature and attach all receipts & event flyers along with any other supporting documentation to Eden invoice entry. ClassificationEmployee , which should be deducted from the above expense. 64 City of South San Francisco Human Resources Department Summary of Elected Officials (City Council & City Treasurer) Benefits These are exempt, elected positions not eligible for overtime compensation. Effective Date: 12/11/2018 (Supersedes City Council Handbook Appendix 4, Resolution 61-2015) Benefit Provision When Eligible Pay and Compensation Information Compensation City Council: $1,000 per month ($461.55 60 biweekly) effective 12/11/2018. City Treasurer: $1,338 per month ($617.60 biweekly) Date of appointment Health & Welfare Benefits Medical Insurance City pays 90% of HMO premium for full-time non-safety AFSCME-represented employees’ HMO coverage for member and eligible dependents under age 26. These employees pay 10% towards the premium. Employees pay any additional premium cost over the HMO rate for higher cost plans. Elected officials’ premium contributions shall match these non-safety employees’ contributions. First of the month following date of appointment Vision Insurance City pays 100% of premium for full-time non-safety AFSCME- represented employees’ HMO coverage for member and eligible dependents under age 26. Elected officials’ premium contributions shall match these non-safety employees’ contributions. First of the month following date of appointment Dental Insurance City pays 100% of premium for full-time non-safety AFSCME- represented employees’ HMO coverage for member and eligible dependents under age 26. Incentive plan starts at 70% and may increase each year until 100% of allowed fee. Calendar year maximum of $1,500 per enrollee and orthodontia lifetime cap of $1,000 for dependent children. Elected officials’ premium contributions shall match these non-safety employees’ contributions (i.e., $0). Option to buy-up to enhanced dental plan. First of the month following completion of 6 months of employment. Health Savings Account (HSA) Councilmembers enrolled in the PPO High Deductible Health Plan (HDHP) may contribute to an HSA through the City’s HSA provider. Upon qualified plan (PPO HDHP) enrollment. Discretionary Benefit Option City pays $550 per month into pre-tax 457 deferred compensation account if elected official waives City health coverage and maintains medical coverage elsewhere. First of the month following date of appointment Executive Management Physical Fitness Program Elected officials are allowed up to $1,000 per fiscal year to use for physical fitness or may elect to apply funds to a Flexible Spending Account for dependent care or unreimbursed health care costs. Date of appointment Life and Accidental Death & Dismemberment City paid life insurance valued at $50,000 and AD&D amount of $50,000. First of the month following date of appointment Short-term and Long- term Disability City paid disability insurance. 20-day waiting period and sick leave exhausted with up to a maximum of 66.2/3% of pay. First of the month following date of appointment Paid Family Leave City paid family leave that provides 60% income replacement for up to 8 weeks on a continuous or intermittent basis within a 12-month period to care for a seriously ill family member, bond with a new child, or when a military exigency applies. First of the month following date of appointment Other Benefits Credit Union Credit Union available. Date of appointment Direct Deposit Direct deposits of payroll checks available. Date of appointment Employee Assistance Program Available to elected official and eligible dependents for up to 3 free visits per 6-month period. Date of appointment Health Savings Account (HSA) Councilmembers enrolled in the PPO High Deductible Health Plan (HDHP) may contribute to an HSA through the City’s HSA provider. Upon qualified plan (PPO HDHP) enrollment. Separation/Retirement 65 City of South San Francisco, Human Resources Summary of Elected Officials Benefits Effective Date: 12/11/2018 10/18/23 S:\Council Handbook Documents- Historical files\2023 Council Handbook\10.23.2023 Study Session\Appendices\Appendix 4 - Elected Official Benefit Summary (LL 10- 11-23).doc Benefit Provision When Eligible Deferred Compensation (457 Plans) Elected officials may contribute pre-tax or after-tax dollars towards retirement. Contribution limits are determined by IRS regulations. First of the month following date of appointment Medicare Elected officials appointed/elected after 1986 participate in Medicare. Date of appointment Public Employees’ Retirement System (PERS)/ Social Security or 3121 Plan Eligible for 3121 retirement plan with the official contributing employee share. Excluded from PERS membership unless an election for membership is filed with CalPERS. Elected Official participating in PERS must contribute employee’s share and participate in Social Security. PERS Annuitants are excluded from 3121 and PERS/Social Security. Date of appointment Retiree Health Benefits Only those officials elected/appointed prior to 1995 are eligible for retiree health benefits. City-paid retiree medical coverage. Covered dependent may continue coverage at his/her cost. Dental and Vision insurance may be purchased from City. Upon retiree’s death, 2 months City-paid medical coverage for spouse. After minimum 5 years of City service and age 50; concurrent City and CalPERS retirement (if applicable). Note: This is a summary of benefits for Elected Officials (City Council) and is not intended to provide all information. Specific facts about the benefits are based on the terms and conditions of the City’s contracts with the providers, and any limits, as stipulated by law. Summary plan documents may be obtained from Human Resources. 66 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. 67 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. 68 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. 69 Department Liaisons to Boards and Commissions 2023 Boards, Commissions, and Committees Bicycle and Pedestrian Advisory Committee (BPAC) Economic and Community Development Department/Planning Division Conference Center Authority Executive Director Cultural Arts Commission Parks and Recreation Department Design Review Board Economic and Community Development Department/Planning Division Equity and Public Safety Commission City Manager’s Office/Equity Officer Housing Authority Executive Director/Economic and Community Development Department Library Board Library Department Measure W Citizens’ Oversight Committee Finance Department Parking Place Commission Public Works Department Parks & Recreation Commission Parks and Recreation Department Personnel Board Human Resources Department Planning Commission Economic and Community Development Department/Planning Division Traffic Safety Commission Public Works Department Youth Commission City Manager’s Office APPENDIX 7 70 CITY OF SOUTH SAN FRANCISCO ADVISORY BODIES Number of Members Term Length Term Limit Method of Appointment Bicycle and Pedestrian Advisory Committee (BPAC) 7 4-year term 12 years (3 consecutive terms) City Council Conference Center Authority 10 members - ex-officio as non-voting member 4-year term 12 years (3 consecutive terms) City Council Cultural Arts Commission 11 4-year term 12 years (3 consecutive terms) City Council Design Review Board 5 4-year term None Planning Commission Equity and Public Safety Commission 7 members & 1 alternate 4-year term 12 years (3 consecutive terms) City Council appoints three (3) members at-large. Five (5) members appointed by District. Housing Authority 5 4-year term 16 years (4 consecutive terms) City Council Housing Authority Tenant Commission 2 2-year term None City Council Library Board 5 3-year term 12 years (4 consecutive terms) City Council Measure W Citizens’ Oversight Committee 5 4-year term Limited Appointment City Council Parking Place Commission 3 3-year term 12 years (4 consecutive terms) City Council Parks & Recreation Commission 7 4-year term 12 years (3 consecutive terms) City Council Personnel Board 5 4-year term 12 years (3 consecutive terms) City Council Planning Commission 7 4-year term 12 years (3 consecutive terms) City Council Traffic Safety Commission 5 3-year term 12 years (4 consecutive terms) City Council Youth Commission 15 2-year term Age limit City Council APPENDIX 8 71 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 electronically a City Commissions, Boards, and Committee application. Forms are available online on the City Clerk’s Office website. The application should adhere to the stated instructions and should not exceed a total of 4 pages including the four original questions, excluding the Youth Commission application which contains three questions. The responses to each question should be typed, not handwritten. All handwritten applications will not be considered. If there is no vacancy, or the applicant is not selected, the City Clerk will hold the application on file for one (1) year from receipt. It is the responsibility of the applicant to note the date of submission. If there is a vacancy, the City Clerk will notify the applicant and the applicant will be invited to participate. Interviews will be held at a special meeting of the city council. Eligibility Review All applications received by the filing date and time will be processed and reviewed by the City Clerk’s Office for conflict of interests, qualifications, and residency verification. For applications submitted after the deadline, 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, the Bicycle and Pedestrian Advisory Committee, and the Youth Commission, Council may consider any advisory body applicant who is a resident in the City of South San Francisco and if applicable, a resident of a specific district. 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. 72 Commission, Board, and Committee Application Process Page 2 City Council Procedures APPENDIX 9 A yearly mayor appointed council ad-hoc committee will develop questions for a structured interview process for each of the boards and commissions for that year. Interview appointments will be scheduled, and candidates will be notified by the City Clerk. Interview appointments will be scheduled and held in person unless there is a declared emergency or circumstance. All councilmembers should attend this special meeting. 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. Councilmembers will rotate questions created by the council ad-hoc committee and a reasonable amount of time will be given so that each councilmember has the opportunity to ask the candidate questions. Any candidate who does not attend the interview will be immediately disqualified from the current application process. Their application will be held in file for a period of (1) year. No rescheduling of interviews will occur. Reappointment Process The City Clerk’s office will notify all members at least 30 days prior to their term expiration and those members eligible to continue serving shall express their interest to continue serving to the City Clerk. The City Clerk will share the results with the Council and the Mayor will provide direction on the reappointment process. The default is that currently serving advisory body members will be interviewed for reappointment. However, if it is determined that an advisory body member’s performance is outstanding, or that other factors necessitate keeping them in their role, then an automatic reappointment can occur with a majority vote or majority consensus of the City Council agendized item (Consent Calendar) at a regularly scheduled City Council meeting. If an advisory body member is not reappointed without interview, then the potential appointment will be advertised and recruited for interviews. 73 Commission, Board, and Committee Application Process Page 3 City Council Procedures APPENDIX 9 Reappointment Procedures/Criteria Advisory body members may be removed by a majority vote of the City Council following three excused or two unexcused absences during a twelve-month period. An absence is considered excused when an advisory body 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. Term of Office Appointments to a specific Commission, Board, or Committee are limited to a maximum of three consecutive terms, expect for members of the Housing Authority, Library Board, Parking Place Commission, Traffic Safety Commission, and Youth Commission (age limit specified). 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 oath administered by the City Clerk or designee before attending the first meeting, and 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. 74 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. 75 APPENDIX 10 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. 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 a 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 the 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. 76 APPENDIX 10 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. 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 a 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. League of California Cities 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 to or less to government rates are presumed to be reasonable and 77 APPENDIX 10 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. 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 1st, 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. 78 APPENDIX 10 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 traveling 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. 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 79 APPENDIX 10 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. 80 Rosenberg’s Rules of Order REVISED 2011 Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg 81 ii MISSION and CORE BELIEFS To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians. VISION To be recognized and respected as the leading advocate for the common interests of California’s cities. About the League of California Cities Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities. The League strives to protect the local authority and automony of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine. © 2011 League of California Cities. All rights reserved. About the Author Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies. 82 1 Table of Contents About the Author ............................................................................................................ii Introduction ....................................................................................................................2 Establishing a Quorum ...................................................................................................2 The Role of the Chair ......................................................................................................2 The Basic Format for an Agenda Item Discussion ........................................................2 Motions in General .........................................................................................................3 The Three Basic Motions ................................................................................................3 Multiple Motions Before the Body .................................................................................4 To Debate or Not to Debate ............................................................................................4 Majority and Super-Majority Votes ...............................................................................5 Counting Votes ................................................................................................................5 The Motion to Reconsider ..............................................................................................6 Courtesy and Decorum ..................................................................................................7 Special Notes About Public Input ..................................................................................7 83 2 Establishing a Quorum The starting point for a meeting is the establishment of a quorum. A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three. When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished. The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body. The Role of the Chair While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself. Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time. The Basic Format for an Agenda Item Discussion Formal meetings normally have a written, often published agenda. Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format: Introduction The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert’s Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert’s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order. Hence, the birth of Rosenberg’s Rules of Order. What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly. This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars: 1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings. 2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate. 3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process. 4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process. 84 3 Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain.” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated. Tenth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body.” Motions in General Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus. Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ” A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings.” The chair usually initiates the motion in one of three ways: 1. Inviting the members of the body to make a motion, for example, “A motion at this time would be in order.” 2. Suggesting a motion to the members of the body, “A motion would be in order that we give a 10-day notice in the future for all our meetings.” 3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time. The Three Basic Motions There are three motions that are the most common and recur often at meetings: The basic motion. The basic motion is the one that puts forward a decision for the body’s consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser.” First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item. Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item. Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond. Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input. If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed). Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion. Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair. Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion. This is done in one of three ways: 1. The chair can ask the maker of the motion to repeat it; 2. The chair can repeat the motion; or 3. The chair can ask the secretary or the clerk of the body to repeat the motion. Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it. 85 4 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions. Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended. Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. To Debate or Not to Debate The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion): Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote. Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote. Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote. The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee.” A motion to amend takes the basic motion that is before the body and seeks to change it in some way. The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year.” “Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different. A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend,” but the chair determines that it is really a “substitute motion,” then the chair’s designation governs. A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, “I want to suggest a friendly amendment to the motion.” The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend. Multiple Motions Before the Body There can be up to three motions on the floor at the same time. The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair. When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.” The proper procedure would be as follows: 86 5 Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass. Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass. Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item. Counting Votes The matter of counting votes starts simple, but can become complicated. Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated. If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote “no” then the “yes” vote of at least four members is required to achieve a two-thirds majority vote to pass the motion. What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated. Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes. In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold.” The motion can contain a specific time in which the item can come back to the body. “I move we table this item until our regular meeting in October.” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote. Motion to limit debate. The most common form of this motion is to say, “I move the previous question” or “I move the question” or “I call the question” or sometimes someone simply shouts out “question.” As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor. However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it. When a member of the body makes such a motion (“I move the previous question”), the member is really saying: “I’ve had enough debate. Let’s get on with the vote.” When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body. Note: A motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes.” Even in this format, the motion to limit debate requires a two- thirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote. Majority and Super Majority Votes In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails. All motions require a simple majority, but there are a few exceptions. The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass: Motion to limit debate. Whether a member says, “I move the previous question,” or “I move the question,” or “I call the question,” or “I move to limit debate,” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass. 87 6 Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain,” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain.”) In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well. Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually “absent.” That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed. A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider. First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.) Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality. If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time. California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count. After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those present” then you treat abstentions one way. However, if the rules of the body say that you count the votes of those “present and voting,” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting.” Accordingly, under the “present and voting” system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes. How does this work in practice? Here are a few examples. Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are “present and voting.” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails. Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies. If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three “yes,” one “no” and one “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote. Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present.” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the votes were three “yes,” one “no” and one “abstain,” then the motion fails. The abstention in this case is treated like a “no” vote and effective vote of 3-2 is not enough to pass two-thirds majority muster. 88 7 Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed. Call for orders of the day. This is simply another way of saying, “return to the agenda.” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed. Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. Special Notes About Public Input The rules outlined above will help make meetings very public- friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: Rule One: Tell the public what the body will be doing. Rule Two: Keep the public informed while the body is doing it. Rule Three: When the body has acted, tell the public what the body did. Courtesy and Decorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude. Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is “no.” There are, however, exceptions. A speaker may be interrupted for the following reasons: Privilege. The proper interruption would be, “point of privilege.” The chair would then ask the interrupter to “state your point.” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear. Order. The proper interruption would be, “point of order.” Again, the chair would ask the interrupter to “state your point.” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. 89 1400 K Street, Sacramento, CA 95814 (916) 658-8200 | Fax (916) 658-8240 www.cacities.org To order additional copies of this publication, call (916) 658-8200. $10 © 2011 League of California Cities. All rights reserved. Printed on recycled paper. 90 Meeting Date Total Audience Joined via Zoom Public Attendees (All attendees without staff, may include consultants) Remote Public Comments Host (Broadcasting, City Clerk, Assistant City Clerk, IT, Support) Panelist (Staff & Consultants)Attendees (Staff, Consultants, Members of the Public) 1/11/2023 44 16 5 3 11 30 1/25/2023 54 25 7 4 11 39 2/8/2023 40 21 2 3 5 33 2/22/2023 41 20 2 5 15 28 3/8/2023 55 35 6 3 5 47 3/22/2023 51 25 0 3 5 43 4/12/2023 15 6 0 3 1 11 4/26/2023 19 6 1 3 4 12 5/10/2023 28 15 3 2 2 24 5/24/2023 50 38 2 3 2 45 6/14/2023 45 32 0 3 2 40 6/28/2023 30 15 0 4 1 25 7/12/2023 30 15 1 3 5 22 7/26/2023 22 13 0 3 1 18 8/23/2023 22 10 1 3 2 17 9/13/2023 17 8 4 3 1 13 91 92 93 94