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Resolution Number 16-01-05-01 RESOLUTION NO. 16-01-05-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A REVISED CITY COUNCIL POLICY CONCERNING RULES OF ORDER AND PROCEDURES FOR CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, AND HEARING MEETINGS; AND REPEALING RESOLUTION NO. 15-08-04-03 WHEREAS, the City Council of the City of San Juan Capistrano,wishes to revise its City Council Policy 130 - Rules of Order and Procedures, in order to ensure that government is conducted in the City of San Juan Capistrano in an orderly, fair and open way, and that the rights of the people to speak and be heard on matters of public interest are protected. NOW, THEREFORE, BE IT RESOLVED Be it Resolved that the City Council of the City of San Juan Capistrano does hereby resolve as follows: Section 1. The City Council hereby adopts the accompanying (Exhibit A) revised Rules of Order and Procedures for City Council, Commission, Committee, Board, and Hearing Meetings. Section 2. The City Council hereby repeals its Resolution No. 15-08-04-03, Section 3. This Resolution shall take effect immediately upon its adoption. MA SSED, APPROVED, AND ADOP D this 5th day of J ry 2016. A RSON, ESQ., MAYOR ATTEST: r MARIA R S, CITY CLE 1 1/5/2016 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 16-01-05-01 was duly adopted by the City Council of the City of San Juan Capistrano at the Special meeting thereof, held the 5th day of January 2016, by the following vote: AM: COUNCIL MEMBERS: Perry, Ferguson and Mayor Patterson NO S: COUNCIL MEMBERS: Allevato ABS COU CIL ' EMBERS: Reeve MARI RIS, C'ty Jerk 2 1/5/2016 CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 1 of 14 1/5/16 130 PURPOSE The purpose of this policy is to set forth rules of order and procedures relating to City Council Meetings, in order to ensure that government is conducted in the City of San Juan Capistrano in an orderly, fair and open way, and that the rights of the people to speak and be heard on matters of public interest are protected. SCOPE This policy applies to the City Council, Successor Agency, Housing Authority, and any other affiliated entity (now or later established) comprised, in whole or in part, by a majority of the City Council. This policy also applies to any Commission, Committee, or Board of the City. PROCEDURE I. CITY COUNCIL MEETING PREPARATION A. Deadline for Filing Items to Be Presented at Regular City Council Meetings. All items submitted for the City Council agenda must be in writing. The deadline for submitting an item to the City Clerk is 12:00 p.m., 15 days prior to the regular City Council meeting at which the item is to be presented. B. Placing an Item on the Agenda by a Council Member. Any Council Member may place an item on a future agenda, by requesting (under Council Action Items) such placement, accompanied by a brief written explanation. C. Posting of the Agenda. The regular City Council meeting agenda shall be posted at 5:00 p.m. on the Wednesday before the Tuesday Council meeting. However, it may be reposted when it is necessary to add an item to the Agenda, up until 72 hours before the City Council meeting as provided for by law. D. Agenda Posting Locations. A complete copy of the City Council agenda shall be posted: (1) on the outdoor bulletin board at City Hall, 32400 Paseo Adelanto; (2) at the Library, 31495 El Camino Real; (3) at the Community Center, 25925 Camino del Avion; and (4) on the City's website. Exhibit A CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 2 of 14 1/5/16 130 E. Delivery and Distribution of Agenda Packets. The City Council agenda packets are prepared by the City Clerk's Office. Barring unavoidable difficulties or holidays, the Agenda packets will be distributed to members of the City Council the Wednesday evening preceding the Tuesday City Council Meeting. F. Backup Material for Agenda Items. Except in emergencies, each Agenda item shall be composed of the City Council Agenda Report cover sheet and all backup material needed for the City Council to take its action. II. CITY COUNCIL MEETING ORDER OF BUSINESS A. Order of Business. The order of business for regular meetings of the City Council shall be: Closed Session Roll Call Oral Communications Closed Session Open Session Roll Call Pledge of Allegiance Invocation Report of Closed Session Introductions/Presentations Oral Communications Public Hearings Administrative Items Consent Calendar Items Removed from the Consent Calendar Ordinances Council Action Items City Council Reports Adjournment CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 3 of 14 1/5/16 130 III. CITY COUNCIL MEETING PROCESS AND GENERAL POLICIES A. Reordering Agenda Items. The Mayor may, unless overruled by a majority of the City Council, reorder items on the Agenda to accommodate the public or to address other concerns. B. Review of Remaining Agenda Items. At the hour of 8:00 p.m., the City Council will review the remaining Agenda items and make a decision regarding which items will be considered before the 9:00 p.m. curfew and which items will be continued to the next meeting. C. City Council Meeting Curfew. The City Council Meeting curfew is 9:00 p.m. A four-fifths vote of the Council is required to extend a meeting beyond that hour. D. Presentations. Presentations shall be scheduled as necessary to recognize persons or groups, or to promote events. All presentation requests shall be forwarded to the Mayor. The Mayor will review the requests and determine whether any recognition will be given and what form that recognition will take (for example, Certificate of Appreciation, Certificate of Commendation, Proclamation). E. City Council Minutes. Minutes shall be submitted for approval and/or correction in draft form on the Consent Calendar at a subsequent regular City Council Meeting. The minutes shall conform to the City's Minutes Policy. F. Notification of Meeting Absences. Members of the City Council shall notice the City Clerk when they are unable to attend a City Council Meeting, including the reason for such absence. Unless an emergency prevents it, the Councilmember shall notify the City Clerk in writing. IV. CITY COUNCIL MEETING RULES OF ORDER A. Obtaining the Floor. Any Council Member wishing to speak must first obtain the floor by being recognized by the Mayor. The Mayor must recognize any Council Member who seeks the floor when that Council Member is appropriately entitled to do so. CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 4 of 14 1/5/16 130 B. Council Member Comment. Each Council Member shall be allowed an initial opportunity to speak on an Agenda item. Following the comments by all members of the City Council, the Mayor may provide additional rounds of comments for each Council Member. C. Motions/Discussion. Motions shall be governed by Rosenberg's Rules of Order, as set forth below. A motion to limit debate is not in order, unless each member of the City Council has spoken once. Council Members may be allowed to explain their vote. Council participation during the presentation of public testimony or staff reports shall be limited to questions asked at the conclusion of the testimony. No general discussion should be permitted, nor shall opinions/positions be presented by City Councilmembers, until the testimony has been completed. Council discussion not relevant to the matter should be reserved for the City Council Report portion of the Agenda. Comments inconsistent with the aforementioned should be ruled out of order by the Mayor. D. Voting. (1) It is the policy of the City Council that all members present at a meeting fully participate in the discussion of a matter and shall vote for or against a motion, unless disqualified by conflict of interest or other legal reason as provided in this Section. (2) If the vote is a voice vote, the Mayor or City Clerk shall declare the result and note for the record all yes votes, no votes and abstentions/recusals. The Council may also vote by roll call or ballot. Regardless of the manner of voting, the results reflecting all yes, no, abstention/recusal votes and the Council Members who cast them must be clearly set forth for the record. To be adopted, a motion requires the affirmative yes vote of a majority of the quorum present, unless a higher vote is required by statute, ordinance, or resolution. (3) If a member is disqualified from voting, the member shall not participate in the consideration of the matter, shall not be counted for the purpose of the quorum, and shall leave the dais during the consideration of the matter; provided, however, that if the matter is being considered on the Consent Calendar and has not been removed from Consent Calendar, the Council Member may remain on the dais and disclose the reason for disqualification. A disqualified Council Member may speak on the matter CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 5 of 14 1/5/16 130 as a private citizen, but only to the extent allowed by the Regulations of the Fair Political Practices Commission. (4) For any abstention that is not legally required, the abstention shall be considered concurrence in the motion being voted on and the City Clerk shall record the Council Member's abstention as an affirmative "yes"vote. (5) A tie vote means no action has been taken. E. Procedural Rules of Order. (1) The City Council hereby adopts the latest version of Rosenberg's Rules of Order (2003 ed.) with respect to Motions for Reconsideration, pg. 4, which is incorporated by reference herein, as such Rules may be amended and updated from time to time. (2) In all other respects, The City Council hereby adopts the latest version of Rosenberg's Rules of Order (2011 ed.), which is incorporated by reference herein, as such Rules may be amended and updated from time to time. In the event of any inconsistency between Rosenberg's Rules of Order and any statute or City ordinance or resolution (including these policies), such statute, ordinance, resolution (including these policies) shall prevail. (3) The failure of the City Council to comply with such Rules shall not invalidate any action taken by the City Council. F. Rules of Decorum for Councilmembers (1) While the City Council is in session, all Councilmembers shall preserve order and decorum. No Councilmember shall delay or interrupt the proceedings of the Council or disturb any member of the public while he or she is properly recognized and addressing the City Council. (2) Discussion by Councilmembers must relate to the subject matter at hand and shall be relevant and pertinent to allow for the expeditious disposition and resolution of the business before the City Council. CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 6 of 14 1/5/16 130 (3) While the City Council is in session, Councilmembers shall not engage in any abusive or vulgar language and shall avoid personal attacks on any other member of the City Council, staff or the public; nor shall they publicly impugn the integrity or honesty of such individuals while the City Council is in session. (4) Once recognized by the Mayor, a Councilmember shall not be interrupted when speaking unless called to order by the Mayor, unless a point of order or personal privilege is raised by another Councilmember, or unless the speaker chooses to yield to a question by another member of the Council. If a Councilmember is called to order, that Councilmember shall cease speaking immediately until the question of order is determined; and, if determined to be in order, he or she shall proceed. (5) Any Councilmember may move to require the Mayor to enforce the rules of decorum and order, and the affirmative vote of a majority of the City Council shall require the Mayor to do so. V. PUBLIC PARTICIPATION IN COUNCIL MEETINGS A. Audience Decorum. Members of the audience shall not engage in disorderly conduct that disturbs, disrupts, impedes, or otherwise renders the orderly conduct of the City Council meeting unfeasible or interferes with the ability of other members of the public who are properly recognized from addressing the City Council during oral communication portion of the agenda. A member of the audience engaging in such conduct shall, at the discretion of the Mayor or a majority of the Council Members, be subject to removal from that meeting. B. Request to Speak Form. Members of the public may address the City Council during Oral Communication and/or before consideration of any agenda item; however, no person shall address the Council without first being recognized by the Mayor. Any person wishing to speak, whether during Oral Communication or on an agenda item, shall be requested to first complete an Oral Communication or Request to Speak form and submit this form to the City Clerk before the Mayor calls for Oral Communication or calls the particular agenda item. CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 7 of 14 1/5/16 130 C. Purpose. The purpose of addressing the City Council is to communicate formally with the Council regarding matters that relate to Council business or citizen concerns within the subject matter jurisdiction of the City Council. Persons addressing the City Council on an agenda item shall confine their remarks to the matter under consideration by the Council. D. Speaker Decorum. Each person addressing the City Council shall do so in an orderly manner and shall not engage in conduct that disrupts, disturbs, or otherwise impedes the orderly conduct of the Council meeting. Any person who so disrupts the meeting shall, at the discretion of the Mayor or a majority of the Council Members, be subject to removal from that meeting. E. Time Limit. In the interest of fairness to other persons wishing to address the City Council and to other individuals or groups having business before the City Council, each speaker shall limit his or her comments to three minutes. If a large number of people (generally twenty or more) wish to address the City Council, the Mayor may alter this three minute time rule. Such alterations may include, but shall not be limited to: (1) reducing the three minute time period; (2) requesting audience members to select a spokesperson to present their comments in a single presentation; (3) requesting members of the audience to indicate their support for a particular viewpoint by some other means (i.e., raising their hand, standing up, indicating on a request to speak form, etc.); or (4) for the Oral Communications section of the agenda only (i.e., non- agendized matters), establishing a time period (for example, 30 minutes) over which speakers would be required to speak following other agendized items. Consideration should, at all times, be given to balancing the free speech rights of members of the audience with the ability of the City Council to conduct the business activities of the City. F. Speak Only Once. Second opportunities for the public to speak on the same issue will not be permitted unless mandated by state or local law. CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 8 of 14 1/5/16 130 G. Addressing the Council. Comment and testimony are to be directed to the Mayor. Dialogue between and inquiries from citizens at the lectern and individual Council Members, members of staff, or the seated audience is not permitted. Council Members seeking to clarify testimony or gain additional information should direct their questions through the Mayor. H. Yielding of Time. It is understood that a person making a request to speak does so on his or her own behalf. For this reason and to guarantee all persons an ample opportunity to be heard, all speakers will be recognized for the same amount of time. No speaker will be allowed to yield part or all of his time to another, and no speaker will be credited with time requested but not used by another. I. Oral Communications (1) Non Public Hearing Items. The Agenda shall, at a single time prior to City Council action, provide an opportunity for Oral Communications upon all non-public hearing items noticed on the agenda or which may have been added pursuant to law. The Oral Communications may address any matter within the jurisdiction of the City, whether listed as non-public hearing items on the agenda and/or matters not specifically listed on the agenda. A member of the public who wishes to speak under Oral Communications will be asked to fill out an Oral Communication Request to Speak form and submit it to the City Clerk before the Mayor calls for Oral Communications. If such member of the public wishes to remain anonymous, such member shall be entitled to do so. Persons may speak under Oral Communications for a maximum of three minutes and shall not be allowed to defer any portion of their time to any other person. State law prohibits the City Council from discussing or taking action on any item not listed on the Agenda unless the Council makes a determination that an urgency exists and that the need to take immediate action on the item arose subsequent to the final posting of the Agenda. Councilmembers or staff members may provide brief response to comments when recognized by the Mayor for the purpose of doing so. (2) Public Hearing/Appeal Agenda Items. At Public Hearings, the property owner or the applicant has the burden of proof and, therefore, shall be allowed fifteen minutes for an initial presentation and an additional ten minutes for rebuttal following the other comments on the matter. The CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 9 of 14 1/5/16 130 Mayor may allow more time if required to provide due process for the property owner or applicant. An appellant, other than the property owner or applicant, and the spokesperson for an organized group of residents residing within the noticed area of the property that is the subject of the Public Hearing, may have up to ten minutes to speak and shall not be allowed to defer any portion of their time to other speakers. All other members of the public may speak during the Public Hearing for a maximum of three minutes and shall not be allowed to defer any portion of their time to other speakers. If a large number of members of the public wish to address the City Council on a public hearing or appeal item, the Mayor may take an action contained in Section V.(E), above. J. Violation of the Rules of Decorum. Upon violation of one or more of the rules of decorum established in Items A or D above, the procedure to enforce the rules shall be as follows: (1) Warnings. The Mayor shall first request that a person(s) who is violating the rule to cease such conduct. If, after receiving a request from the Mayor, the person(s) persists in violating a rule, the Mayor shall direct any peace officer who is present at the meeting when the violation occurs to warn the person that his or her conduct is violating a rule and that he or she is requested to cease such conduct. If, the person persists, in violating a rule, the Mayor may direct the peace office to remove any person(s) who persist in disturbing the meeting, and/or to cite the person as being in violation of Penal Code Section 403. The Mayor may order a recess of the meeting while the Council Chamber is cleared. (2) Motion to Enforce. If the Mayor fails to enforce the rules of decorum set forth herein, any Council Member may move to require the Mayor to do so, and an affirmative vote of a majority of the Council shall require the Mayor to do so. If the Mayor fails to carry out the will of the majority of the Council in this matter, the majority may designate another Council Member to act as Mayor for the limited purpose of enforcing the rules of decorum established herein. (3) Clearing the Room. Pursuant to the Ralph M. Brown Act (Government Code Section 54957.9), in the event that any meeting is willfully interrupted by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 10 of 14 1/5/16 130 removal of the individuals who are willfully interrupting the meeting, by a majority vote of the City Council, the meeting room may be ordered cleared and the meeting shall continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to Government Code Section 54957.9. The Mayor may re-admit an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. (4) Violation of the California Penal Code. A person or persons who substantially impair(s) the conduct of a City Council meeting by knowingly and intentionally violating these rules of decorum may be prosecuted under Penal Code Section 403 for disturbing a public meeting. Every person who violates Penal Code Section 403 is guilty of a misdemeanor. VI. PUBLIC HEARINGS A. Process and Procedures The City Council conducts Public Hearings on applications, projects, and other matters as required to provide due process of law. The following information outlines the process under which Public Hearings will be conducted. (1) Staff will review the application/project/matter, will prepare a staff report, and may make a recommendation or propose alternatives to the City Council prior to the Public Hearing. (2) A notice of the Public Hearing will be posted, published, and mailed as required by law. (3) The members of the City Council will receive the staff report for the application/project/matter in the Agenda packet prior to the meeting. This provides the Council with an opportunity to study the staff report, which will become part of the hearing record, and to become familiar with the project prior to the Public Hearing. (4) When the Public Hearing is called, staff will summarize the application/project/matter as contained in the staff report or request a CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 11 of 14 1/5/16 130 continuance to a future meeting. The City Council may ask questions for clarification. City Council shall not express an opinion or position on the application prior to the conclusion of the public hearing. If a City Council member has spoken to any party or member of the public regarding a public hearing item, or has visited the subject property, the City Councilmember should briefly summarize such conversation and acknowledge the site visit. (5) Once the Public Hearing is opened, the applicant/property owner is entitled to present the application/project/matter in person or through a representative. (6) Following this presentation, members of the general public may speak, in the order in which they turned in their Request to Speak forms. (7) Once all members of the general public have spoken, the applicant/property owner will be provided an opportunity to rebut any testimony or evidence provided by opponents or by staff. The rebuttal shall be limited to answering or refuting testimony of opponents or staff. (8) Following each presentation, members of the City Council may question the speakers. (9) Following rebuttal, the item is then before the City Council for discussion and clarification. (10) When all parties have been heard and there are no additional requests to speak, the Mayor may close the Public Hearing and/or any member of the Council may make a motion to: a. Continue the Public Hearing to a date certain to allow for further study/discussion; or b. Close the Public Hearing and do one of the following (1) approve the application/project/matter as submitted, (2) conditionally approve the application/project/matter with certain revisions, CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 12 of 14 1/5/16 130 (3) deny the application/project/matter, or (4) deny the application/project/matter without prejudice (this action will allow applicant to refile without waiting a specified time period and will permit the waiver of the required fees). (11) The applicant or property owner may withdraw the application/project/matter at any time before a vote is taken by the City Council. B. Mayor's Guidelines for the Conduct of Public Hearings (1) The Mayor states "This is the time for the Public Hearing on Agenda item #_" (describe generally from Agenda). (2) The Mayor opens the Public Hearing by calling on the City Manager for the Staff Report. The City Manager will then call on the appropriate staff member to give the report. Council Members may ask clarifying questions of staff. (3) The Mayor calls on: a. applicant/property owner and asks him to state his name and address for the record, b. members of the general public, called in the order that they submitted their Request to Speak forms, C. the applicant/proponent for rebuttal, d. staff for any closing clarification. Following each presentation, the Council may question the speakers. (4) The Mayor declares that the Public Hearing is closed and states: "The issue is now before the City Council for discussion." (5) The Mayor calls upon individual Council Members who request recognition to speak. CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 13 of 14 1/5/16 130 (6) Following discussion, the Mayor or any Council Member may make a motion to: a. Continue the Public Hearing to a date certain to allow for further discussion or study; or b. Close the Public Hearing and, unless other options are available under the statute/ordinance, do one of the following: (1) approve the application/project/matter as submitted; (2) conditionally approve the application/project/matter with certain revisions; (3) deny the application/project/matter; or (4) deny the application/project/matter without prejudice (this action will allow applicant to refill without waiting a specified time period and without repaying all of the required fees). (7) The Council votes on the motion. VII. COUNCIL POWERS A. Role of the Mayor (1) The Mayor is responsible for conducting the meeting and should not actively participate in discussion. The Mayor should reserve comment until all of the Council Members have spoken. (2) All comment should be directed to the Mayor. Cross talk between Council Members should be ruled out of order by the Mayor. B. Council Seating Order. The Council seating order shall be at the discretion of the Mayor. C. Selection of City Council Officers. At the first regular City Council Meeting in December of each year, the City Council shall select from among its members a Mayor and Mayor Pro Tempore to serve for the following year. The Mayor and CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number RULES OF ORDER AND PROCEDURE REGARDING CITY COUNCIL, COMMISSION, COMMITTEE, BOARD, MEETINGS AND HEARINGS 14 of 14 1/5/16 130 Mayor Pro Tempore shall take office immediately following such reorganization. Each shall serve in their respective roles until their successor is appointed, until they are no longer serving on the City Council, or until replaced by a vote of the City Council. In the Mayor's absence, the Mayor Pro Tem shall be the presiding officer at City Council meetings. In the absence of the Mayor and Mayor Pro Tem, the remaining City Councilmembers shall select the presiding officer from amongst themselves. VIII. COUNCIL AUTHORITY The City Council shall have the authority to waive provisions of the procedures established by this policy unless the procedure is required. Failure of the Council to follow these procedures shall not invalidate or otherwise affect any action of the Council. i r - Rosenberg's Rules of Order REVISED 2011 Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg L LrE_AGUP: CITIES 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. Ct 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. II TABLE OF CONTENTS Aboutthe Author............................................................................................................ii Introduction....................................................................................................................2 Establishinga Quorum...................................................................................................2 TheRole of the Chair......................................................................................................2 The Basic Format for an Agenda Item Discussion........................................................2 Motionsin General.........................................................................................................3 TheThree Basic Motions................................................................................................3 Multiple Motions Before the Body.................................................................................4 ToDebate or Not to Debate............................................................................................4 Majority and Super-Majority Votes...............................................................................5 CountingVotes................................................................................................................5 TheMotion to Reconsider..............................................................................................6 Courtesyand Decorum..................................................................................................7 SpecialNotes About Public Input..................................................................................7 1 MErm"UP90M6n� AM- INTRODUCTION The rules of procedure at meetings should be simple enough for Establishing a Quorum most people to understand.Unfortunately,that has not always been The starting point for a meeting is the establishment of a quorum. the case.Virtually all clubs,associations,boards,councils and bodies A quorum is defined as the minimum number of members of the follow a set of rules—Roberts Rules of Order—which are embodied body who must be present at a meeting for business to be legally in a small,but complex,book.Virtually no one I know has actually transacted.The default rule is that a quorum is one more than half read this book cover to cover.Worse yet,the book was written for the body.For example,in a five-member body a quorum is three. another time and for another purpose.If one is chairing or running When the body has three members present,it can legally transact a parliament,then Robert's Rules of Order is a dandy and quite useful business.If the body has less than a quorum of members present,it handbook for procedure in that complex setting.On the other hand, cannot legally transact business.And even if the body has a quorum if one is running a meeting of say,a five-member body with a few to begin the meeting,the body can lose the quorum during the members of the public in attendance,a simplified version of the rules meeting when a member departs(or even when a member leaves the of parliamentary procedure is in order. dais).When that occurs the body loses its ability to transact business Hence,the birth of Rosenbergs Rules of Order. until and unless a quorum is reestablished. What follows is my version of the rules of parliamentary procedure, The default rule,identified above,however,gives way to a specific based on my decades of experience chairing meetings in state and rule of the body that establishes a quorum.For example,the rules of local government.These rules have been simplified for the smaller a particular five-member body may indicate that a quorum is four bodies we chair or in which we participate,slimmed down for the members for that particular body.The body must follow the rules it 21st Century,yet retaining the basic tenets of order to which we have has established for its quorum.In the absence of such a specific rule, grown accustomed.Interestingly enough,Rosenberg's Rules has found the quorum is one more than half the members of the body. a welcoming audience.Hundreds of cities,counties,special districts, committees,boards,commissions,neighborhood associations and The Role of the Chair private corporations and companies have adopted Rosenberg's Rules While all members of the body should know and understand the in lieu of Robert's Rules because they have found them practical, rules of parliamentary procedure,it is the chair of the body who is logical,simple,easy to learn and user friendly. charged with applying the rules of conduct of the meeting.The chair This treatise on modern parliamentary procedure is built on a should be well versed in those rules.For all intents and purposes,the foundation supported by the following four pillars: 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 1. Rules should establish order.The first purpose of rules of the body itself. parliamentary procedure is to establish a framework for the orderly conduct of meetings. 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 2. Rules should be clear.Simple rules lead to wider understanding than other members of the body.This does not mean that the chair and participation.Complex rules create two classes:those should not participate in the debate or discussion.To the contrary,as who understand and participate;and those who do not fully a member of the body,the chair has the full right to participate in the understand and do not fully participate. debate,discussion and decision-making of the body.What the chair 3. Rules should be user friendly.That is,the rules must be simple should do,however,is strive to be the last to speak at the discussion enough that the public is invited into the body and feels that it and debate stage.The chair should not make or second a motion has participated in the process. unless the chair is convinced that no other member of the body will 4. Rules should enforce the will of the majority while protecting do so at that point in time. the rights of the minority.The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision The Basic Format for an Agenda Item Discussion making by the body.In a democracy,majority rules.The rules Formal meetings normally have a written,often published agenda. must enable the majority to express itself and fashion a result, Informal meetings may have only an oral or understood agenda.In while permitting the minority to also express itself,but not either case,the meeting is governed by the agenda and the agenda dominate,while fully participating in the process. constitutes the body's agreed-upon roadmap for the meeting.Each agenda item can be handled by the chair in the following basic format: 2 First,the chair should clearly announce the agenda item number and Ninth,the chair takes a vote.Simply asking for the"ayes"and then should clearly state what the agenda item subject is.The chair should asking for the"nays"normally does this.If members of the body do then announce the format(which follows)that will be followed in not vote,then they"abstain.' Unless the rules of the body provide considering the agenda item. otherwise(or unless a super majority is required as delineated later Second,following that agenda format,the chair should invite the in these rules),then a simple majority(as defined in law or the rules appropriate person or persons to report on the item,including any of the body as delineated later in these rules)determines whether the recommendation that they might have.The appropriate person or motion passes or is defeated. persons may be the chair,a member of the body,a staff person,or a Tenth,the chair should announce the result of the vote and what committee chair charged with providing input on the agenda item. action(if any)the body has taken.In announcing the result,the chair Third,the chair should ask members of the body if they have any should indicate the names of the members of the body,if any,who technical questions of clarification.At this point,members of the voted in the minority on the motion.This announcement might take body may ask clarifying questions to the person or persons who the following form: The motion passes by a vote of 3-2,with Smith reported on the item,and that person or persons should be given and Jones dissenting.We have passed the motion requiring a 10-day time to respond. notice for all future meetings of this body." Fourth,the chair should invite public comments,or if appropriate at Motions in General a formal meeting,should open the public meeting for public input. Motions are the vehicles for decision making by a body.It is usually 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 best to have a motion before the body prior to commencing conclusion of the public comments,the chair should announce that discussion of an agenda item.This helps the body focus. public input has concluded(or the public hearing,as the case may be, Motions are made in a simple two-step process.First,the chair is closed). should recognize the member of the body.Second,the member Fifth,the chair should invite a motion.The chair should announce of the body makes a motion by preceding the member's desired the name of the member of the body who makes the motion. approach with the words"I move..." Sixth,the chair should determine if any member of the body wishes A typical motion might be:"I move that we give a 10-day notice in to second the motion.The chair should announce the name of the the future for all our meetings.' member of the body who seconds the motion.It is normally good The chair usually initiates the motion in one of three ways: practice for a motion to require a second before proceeding to 1. Inviting the members of the body to make a motion,for ensure that it is not just one member of the body who is interested example,"A motion at this time would be in order" in a particular approach.However,a second is not an absolute requirement,and the chair can proceed with consideration and vote 2. Suggesting a motion to the members of the body,"A motion on a motion even when there is no second.This is a matter left to the would be in order that we give a 10-day notice in the future for all discretion of the chair. our meetings! Seventh,if the motion is made and seconded,the chair should make 3. Making the motion.As noted,the chair has every right as a sure everyone understands the motion. 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 This is done in one of three ways: convinced that no other member of the body is willing to step 1. The chair can ask the maker of the motion to repeat it; forward to do so at a particular time. 2. The chair can repeat the motion;or The Three Basic Motions 3. The chair can ask the secretary or the clerk of the body to repeat There are three motions that are the most common and recur often the motion. at meetings: Eighth,the chair should now invite discussion of the motion by the body.If there is no desired discussion,or after the discussion has The basic motion.The basic motion is the one that puts forward a ended,the chair should announce that the body will vote on the decision for the body's consideration.A basic motion might be:"I motion.If there has been no discussion or very brief discussion,then move that we create a five-member committee to plan and put on the vote on the motion should proceed immediately and there is no our annual fundraiser." 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. 3 The motion to amend.If a member wants to change a basic motion First,the chair would deal with the third(the last)motion on the that is before the body,they would move to amend it.A motion floor,the substitute motion.After discussion and debate,a vote to amend might be:"I move that we amend the motion to have a would be taken first on the third motion.If the substitute motion 10-member committee.'A motion to amend takes the basic motion passed,it would be a substitute for the basic motion and would that is before the body and seeks to change it in some way. eliminate it.The first motion would be moot,as would the second The substitute motion.If a member wants to completely do away motion(which sought to amend the first motion),and the action on with the basic motion that is before the body,and put a new motion the agenda item would be completed on the passage by the body of before the body,they would move a substitute motion.A substitute the third motion(the substitute motion).No vote would be taken on motion might be:"I move a substitute motion that we cancel the the first or second motions. annual fundraiser this year." Second,if the substitute motion failed,the chair would then deal "Motions to amend"and"substitute motions"are often confused,but with the second(now the last)motion on the floor,the motion they are quite different,and their effect(if passed)is quite different. to amend.The discussion and debate would focus strictly on the A motion to amend seeks to retain the basic motion on the floor,but amendment(should the committee be five or 10 members).If the modify it in some way.A substitute motion seeks to throw out the motion to amend passed,the chair would then move to consider the basic motion on the floor,and substitute a new and different motion main motion(the first motion)as amended.If the motion to amend for it.The decision as to whether a motion is really a"motion to failed,the chair would then move to consider the main motion(the amend"or a"substitute motion"is left to the chair.So if a member first motion)in its original format,not amended. makes what that member calls a"motion to amend,"but the chair Third,the chair would now deal with the first motion that was placed determines that it is really a"substitute motion,"then the chair's on the floor.The original motion would either be in its original designation governs. format(five-member committee),or if amended,would be in its A"friendly amendment"is a practical parliamentary tool that is amended format(10-member committee).The question on the floor simple,informal,saves time and avoids bogging a meeting down for discussion and decision would be whether a committee should with numerous formal motions.It works in the following way:In the plan and put on the annual fundraiser. 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 To Debate or Not to Debate members.When that happens,a member who has the floor may The basic rule of motions is that they are subject to discussion and simply say,"I want to suggest a friendly amendment to the motion! debate.Accordingly,basic motions,motions to amend,and substitute The member suggests the friendly amendment,and if the maker and motions are all eligible,each in their turn,for full discussion before the person who seconded the motion pending on the floor accepts and by the body.The debate can continue as long as members of the the friendly amendment,that now becomes the pending motion on body wish to discuss an item,subject to the decision of the chair that the floor.If either the maker or the person who seconded rejects the it is time to move on and take action. proposed friendly amendment,then the proposer can formally move to amend. 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 Multiple Motions Before the Body is,when the following motions are made and seconded,the chair There can be up to three motions on the floor at the same time. must immediately call for a vote of the body without debate on the The chair can reject a fourth motion until the chair has dealt motion): with the three that are on the floor and has resolved them.This Motion to adjourn.This motion,if passed,requires the body to rule has practical value.More than three motions on the floor at immediately adjourn to its next regularly scheduled meeting.It any given time is confusing and unwieldy for almost everyone, requires a simple majority vote. including the chair. Motion to recess.This motion,if passed,requires the body to When there are two or three motions on the floor(after motions and immediately take a recess.Normally,the chair determines the length seconds)at the same time,the vote should proceed first on the last of the recess which may be a few minutes or an hour.It requires a motion that is made.For example,assume the first motion is a basic simple majority vote. "motion to have a five-member committee to plan and put on our annual fundraiser."During the discussion of this motion,a member Motion to fix the time to adjourn.This motion,if passed,requires might make a second motion to"amend the main motion to have a the body to adjourn the meeting at the specific time set in the 10-member committee,not a five-member committee to plan and motion.For example,the motion might be:"I move we adjourn this put on our annual fundraiser."And perhaps,during that discussion,a meeting at midnight.' It requires a simple majority vote. 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: 4 Motion to table.This motion,if passed,requires discussion of the Motion to close nominations.When choosing officers of the agenda item to be halted and the agenda item to be placed on"hold.' body(such as the chair),nominations are in order either from a The motion can contain a specific time in which the item can come nominating committee or from the floor of the body.A motion to back to the body."I move we table this item until our regular meeting close nominations effectively cuts off the right of the minority to in October."Or the motion can contain no specific time for the nominate officers and it requires a two-thirds vote to pass. return of the item,in which case a motion to take the item off the Motion to object to the consideration of a question.Normally,such table and bring it back to the body will have to be taken at a future a motion is unnecessary since the objectionable item can be tabled or meeting.A motion to table an item(or to bring it back to the body) defeated straight up.However,when members of a body do not even requires a simple majority vote. want an item on the agenda to be considered,then such a motion is Motion to limit debate.The most common form of this motion is to in order.It is not debatable,and it requires a two-thirds vote to pass. say,"I move the previous question"or"I move the question"or"I call Motion to suspend the rules.This motion is debatable,but requires the question"or sometimes someone simply shouts out"question.' a two-thirds vote to pass.If the body has its own rules of order, As a practical matter,when a member calls out one of these phrases, conduct or procedure,this motion allows the body to suspend the the chair can expedite matters by treating it as a"request"rather rules for a particular purpose.For example,the body(a private club) than as a formal motion.The chair can simply inquire of the body, might have a rule prohibiting the attendance at meetings by non-club "any further discussion?"If no one wishes to have further discussion, members.A motion to suspend the rules would be in order to allow then the chair can go right to the pending motion that is on the floor. a non-club member to attend a meeting of the club on a particular However,if even one person wishes to discuss the pending motion date or on a particular agenda item. further,then at that point,the chair should treat the call for the "question"as a formal motion,and proceed to it. Counting Votes When a member of the body makes such a motion("I move the The matter of counting votes starts simple,but can become 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 complicated. chair should ask for a second,stop debate,and vote on the motion to Usually,it's pretty easy to determine whether a particular motion limit debate.The motion to limit debate requires a two-thirds vote of passed or whether it was defeated.If a simple majority vote is needed the body. to pass a motion,then one vote more than 50 percent of the body is NOTE: A motion to limit debate could include a time limit.For required.For example,in a five-member body,if the vote is three in example:"I move we limit debate on this agenda item to 15 minutes:' favor and two opposed,the motion passes.If it is two in favor and Even in this format,the motion to limit debate requires atwo- three opposed,the motion is defeated. thirds vote of the body.A similar motion is a motion to object to If a two-thirds majority vote is needed to pass a motion,then how consideration of an item.This motion is not debatable,and if passed, many affirmative votes are required?The simple rule of thumb is to precludes the body from even considering an item on the agenda.It count the"no"votes and double that count to determine how many also requires a two-thirds vote. "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 Majority and Super Majority Votes of at least four members is required to achieve a two-thirds majority vote to pass the motion. 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 What about tie votes?In the event of a tie,the motion always fails since 4-3 passes the motion.A vote of 3-3 with one abstention means the an affirmative vote is required to pass any motion.For example,in a motion fails.If one member is absent and the vote is 3-3,the motion five-member body,if the vote is two in favor and two opposed,with still fails. one member absent,the motion is defeated. All motions require a simple majority,but there are a few exceptions. Vote counting starts to become complicated when members The exceptions come up when the body is taking an action which vote"abstain"or in the case of a written ballot,cast a blank(or effectively cuts off the ability of a minority of the body to take an unreadable)ballot.Do these votes count,and if so,how does one action or discuss an item.These extraordinary motions require a count them?The starting point is always to check the statutes. two-thirds majority(a super majority)to pass: In California,for example,for an action of a board of supervisors to Motion to limit debate.Whether a member says,"I move the be valid and binding,the action must be approved by a majority of the previous question,"or"I move the question,"or"I call the question," board.(California Government Code Section 25005.)Typically,this or"I move to limit debate,"it all amounts to an attempt to cut off the means three of the five members of the board must vote affirmatively ability of the minority to discuss an item,and it requires a two-thirds in favor of the action.A vote of 2-1 would not be sufficient.A vote of vote to pass. 3-0 with two abstentions would be sufficient.In general law cities in 5 California,as another example,resolutions or orders for the payment of Now,exactly how does a member cast an"abstention"vote? money and all ordinances require a recorded vote of the total members Any time a member votes"abstain"or says,"I abstain,"that is an of the city council.(California Government Code Section 36936.)Cities abstention.However,if a member votes"present"that is also treated with charters may prescribe their own vote requirements.Local elected as an abstention(the member is essentially saying,"Count me for officials are always well-advised to consult with their local agency purposes of a quorum,but my vote on the issue is abstain.")In fact, counsel on how state law may affect the vote count. any manifestation of intention not to vote either"yes"or"no"on After consulting state statutes,step number two is to check the rules the pending motion may be treated by the chair as an abstention.If of the body.If the rules of the body say that you count votes of"those Written ballots are cast,a blank or unreadable ballot is counted as an present"then you treat abstentions one way.However,if the rules of abstention as well. the body say that you count the votes of those"present and voting," Can a member vote"absent"or"count me as absent?"Interesting then you treat abstentions a different way.And if the rules of the question.The ruling on this is up to the chair.The better approach is body are silent on the subject,then the general rule of thumb(and for the chair to count this as if the member had left his/her chair and default rule)is that you count all votes that are"present and voting." is actually"absent."That,of course,affects the quorum.However,the Accordingly,under the"present and voting"system,you would NOT chair may also treat this as a vote to abstain,particularly if the person count abstention votes on the motion.Members who abstain are does not actually leave the dais. counted for purposes of determining quorum(they are"present"), but you treat the abstention votes on the motion as if they did not The Motion to Reconsider exist(they are not"voting").On the other hand,if the rules of the There is a special and unique motion that requires a bit of body specifically say that you count votes of those"present"then you explanation all by itself,the motion to reconsider.A tenet of DO count abstention votes both in establishing the quorum and on parliamentary procedure is finality.After vigorous discussion,debate the motion.In this event,the abstention votes act just like"no"votes. and a vote,there must be some closure to the issue.And so,after a How does this work in practice? vote is taken,the matter is deemed closed,subject only to reopening Here are a few examples. if a proper motion to consider is made and passed. Assume that a five-member city council is voting on a motion that A motion to reconsider requires a majority vote to pass like other requires a simple majority vote to pass,and assume further that the garden-variety motions,but there are two special rules that apply body has no specific rule on counting votes.Accordingly,the default only to the motion to reconsider. rule kicks in and we count all votes of members that are"present and First,is the matter of timing.A motion to reconsider must be made voting."If the vote on the motion is 3-2,the motion passes.If the at the meeting where the item was first voted upon.A motion to motion is 2-2 with one abstention,the motion fails. reconsider made at a later time is untimely.(The body,however,can Assume a five-member city council voting on a motion that requires always vote to suspend the rules and,by a two-thirds majority,allow a two-thirds majority vote to pass,and further assume that the body a motion to reconsider to be made at another time.) has no specific rule on counting votes.Again,the default rule applies. Second,a motion to reconsider may be made only by certain If the vote is 3-2,the motion fails for lack of a two-thirds majority.If members of the body.Accordingly,a motion to reconsider maybe the vote is 4-1,the motion passes with a clear two-thirds majority.A made only by a member who voted in the majority on the original vote of three"yes,"one"no"and one"abstain"also results in passage motion.If such a member has a change of heart,he or she may of the motion.Once again,the abstention is counted only for the make the motion to reconsider(any other member of the body purpose of determining quorum,but on the actual vote on the —including a member who voted in the minority on the original motion,it is as if the abstention vote never existed—so an effective motion—may second the motion).If a member who voted in the 3-1 vote is clearly a two-thirds majority vote. minority seeks to make the motion to reconsider,it must be ruled Now,change the scenario slightly.Assume the same five-member out of order.The purpose of this rule is finality.If a member of city council voting on a motion that requires a two-thirds majority minority could make a motion to reconsider,then the item could be vote to pass,but now assume that the body DOES have a specific rule brought back to the body again and again,which would defeat the requiring a two-thirds vote of members"present."Under this specific purpose of finality. rule,we must count the members present not only for quorum but If the motion to reconsider passes,then the original matter is back also for the motion.In this scenario,any abstention has the same before the body,and a new original motion is in order.The matter may force and effect as if it were a"no"vote.Accordingly,if the votes were be discussed and debated as if it were on the floor for the first time. 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. 6 Courtesy and Decorum Appeal.If the chair makes a ruling that a member of the body The rules of order are meant to create an atmosphere where the disagrees with,that member may appeal the ruling of the chair.If the members of the body and the members of the public can attend to motion is seconded,and after debate,if it passes by a simple majority business efficiently,fairly and with full participation.At the same vote,then the ruling of the chair is deemed reversed. time,it is up to the chair and the members of the body to maintain Call for orders of the day.This is simply another way of saying, common courtesy and decorum.Unless the setting is very informal, "return to the agenda."If a member believes that the body has drifted it is always best for only one person at a time to have the floor,and from the agreed-upon agenda,such a call maybe made.It does not it is always best for every speaker to be first recognized by the chair require a vote,and when the chair discovers that the agenda has before proceeding to speak. not been followed,the chair simply reminds the body to return to The chair should always ensure that debate and discussion of an the agenda item properly before them.If the chair fails to do so,the agenda item focuses on the item and the policy in question,not the chair's determination may be appealed. personalities of the members of the body.Debate on policy is healthy, Withdraw a motion.During debate and discussion of a motion, debate on personalities is not.The chair has the right to cut off the maker of the motion on the floor,at any time,may interrupt a discussion that is too personal,is too loud,or is too crude. speaker to withdraw his or her motion from the floor.The motion Debate and discussion should be focused,but free and open.In the is immediately deemed withdrawn,although the chair may ask the interest of time,the chair may,however,limit the time allotted to person who seconded the motion if he or she wishes to make the speakers,including members of the body. motion,and any other member may make the motion if properly recognized. Can a member of the body interrupt the speaker?The general rule is "no."There are,however,exceptions.A speaker may be interrupted Special Notes About Public Input for the following reasons: The rules outlined above will help make meetings very public- Privilege.The proper interruption would be,"point of privilege." friendly.But in addition,and particularly for the chair,it is wise to The chair would then ask the interrupter to"state your point.' remember three special rules that apply to each agenda item: Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting.For example,the Rule One:Tell the public what the body will be doing. room may be too hot or too cold,or a blowing fan might interfere Rule Two:Keep the public informed while the body is doing it. with a person's ability to hear. Rule Three:When the body has acted,tell the public what the Order.The proper interruption would be,"point of order."Again, body did. 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. 7 OF CAH ORNIA CITIES 1400 K Street,Sacramento,CA 95814 (916)658-8200 1 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. o� U Cld cu +j Ct O r�r � Q Z u.I CU Q¢H w� � V O MISSION: To restore 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 cities. About the League of California Cities About the Author Established in 1898, the League of California Cities is a mem- Dave Rosenberg is an elected county supervisor representing ber organization chat represents California's incorporated cities. the 4th District in Yolo County. He also serves as director of The League strives to protect the local authority and autonomy community and intergovernmental relations, director of opera- of city government and help Californias cities effectively serve tions, and senior advisor to the governor of California. He has their residents. In addition to advocating on cities' behalf at the served as a member and chair of numerous state and local state capitol, the League provides its members with professional boards, both appointed and elected,and also served on the development programs and information resources,conducts Davis City Council for 12 years, including two terms as mayor. educational conferences and research, and publishes Western He has taught classes on parliamentary procedure and has City magazine. served as parliamentarian for large and small governing bodies. In the fall of 2003, Gov. Davis appointed Rosenberg as a judge of the Yolo County Superior Court. About Western City Magazine Western City is the League of California Cities' monthly maga- zine. Western City provides lively, interdisciplinary analyses of issues affecting local governance. Its goal is to offer immediately practical ideas, information and bigger-picture policy issues and trends. For more information,visit www.westerncicy.com. "Rosenherg's Rules of Order" first appeared in Western City magazine in August and September 2003. To order additional copies of this publication,call(916)658-8257 or visit www.cacities.org/store. 1400 K Street,Sacramento,CA 95814 ©2003 League of California Cities All rights reserved (916)658-8200 Fax(916)658-8240 www.caclties org Rosenberg's Rules of order: Simple P Procedures for the 21st Century by Dave Rosenberg he rules of procedure at meetings framework for the orderly conduct rules,because the chair,for all intents should be simple enough for most of meetings. and purposes,makes the final ruling on people to understand. Unfortunately, 2. Rules should be clear.Simple rules the rules. In fact,all decisions by the that hasn't always been the case.Virtu- lead to wider understanding and chair are final unless overruled by the ally all clubs,associations,boards,coun- participation. Complex rules create governing body itself cils and bodies follow a set of rules, Robert's Rules of Order,which are em- two classes: those who understand Because the chair conducts the meeting, bodied in a small but complex book. and participate and those who do it is common courtesy for the chair to Virtually no one I know has actually not fully understand and do not take a less active role than other mem- read this book cover o cover. fully participate. bers of the body in debates and discus- sions.This does not mean that the chair Worse yet, the book was written for 3• Rules should s user-friendly.That should not participate in the debate or another time and purpose.If you are is, the rules must be simple enoughat citizens feel they have been able discussion. On the contrary, as a mem- running the British Parliament,Robert's ber of the body, the chair has full rights Rules of Order is a dandy and quite use- to participate in the process. to participate in debates,discussions ful handbook. On the other hand, if 4. Rules should enforce the will of and decision-making.The chair should, you're running a meeting of a five- the majority while protecting the however,strive to be the last to speak at member body with a few members of rights of the minority.The ultimate the discussion and debate stage,and the public in attendance,a simplified purpose of the rules of procedure is should not make or second a motion version of the rules of parliamentary to encourage discussion and to facili- unless he or she is convinced that no procedure is in order.Hence, the birth tate decision-making by the body. In other member of the body will do so. of"Rosenberg's Rules of Order." a democracy,the majority rules.The This publication covers the rules of rules must enable the majority to The Basic Format for an parliamentary procedure based on my express itself and fashion a result, Agenda Item Discussion 20 years of experience chairing meetings while permitting the minority to also Formal meetings normally have a written, express itself(but not dominate) and in state and local government.These fully participate in the process. published agenda; informal meetings rules have been simplified and slimmed may have only an oral or understood down for 21st century meetings,yet agenda. In either case, the meeting is they retain the basic tenets of order to The Chairperson Should Take a governed by the agenda and the agenda which we are accustomed. Back Seat During Discussions constitutes the body's agreed-upon road "Rosenberg's Rules of Order"are sup- While all members of the governing map for the meeting.And each agenda ported by the following four principles: body should know and understand the item can be handled by the chair in the rules of parliamentary procedure,it is following basic format. 1. Rules should establish order.The the chairperson(chair)who is charged First,the chair should clearly announce first purpose of the rules of parlia- with applying the rules of conduct. the agenda item number and should mentary procedure is to establish a The chair should be well versed in those clearly state what the subject is.The chair should then announce the format that will be followed. There are exceptions to the general rule of free Second,following that agenda format, and open debate on motions. The exceptions all the chair should invite the appropriate people to report on the item, including apply when there is a desire to move on. any recommendation they might have. The appropriate person may be the chair,a member of the governing body, 1 www.cacities.org 1 Rosenbergs Rules of Order:Simple Parliamentary Procedure for the 21st Century a staff person, or a committee chair Eighth,the chair should now invite dis- Motions are made in a simple two-step charged with providing information cussion of the motion by the members process. First,the chair recognizes the about the agenda item. of the governing body. If there is no member. Second,the member makes a Third, the chair should ask members desired discussion or the discussion has motion by preceding the member's of the body if they have any technical ended, the chair should announce that desired approach with the words: "I questions for clarification.At this point, the body will vote on the motion. If move ..."A typical motion might be: members of the governing body may ask there has been no discussion or a very "I move that we give 10 days'notice in clarifying questions to the people who brief discussion, the vote should proceed the future for all our meetings." reported on the item,and the should immediately,and there is no need to re- P y souThe chair usually initiates the motion by: be given time to respond. peat the motion. If there has been sub- stantial discussion,it is normally best to 1. Inviting the members to make a Fourth,the chair should invite public make sure everyone understands the motion: "A motion at this time comments or,if appropriate at a formal motion by repeating it. would be in order." meeting,open the meeting to public input. If numerous members of the pub- lic indicate a desire to speak to the sub- ject,the chair may limit the time of each Debate on policy 1S healthy,' debate on personalities public speaker.At the conclusion of the is not The Chair has the right t0 Cut Off d1SCUSSion public comments,the chair should ann- ounce that public input has concluded that 1S too personal, too loud or too Crude. (or that the public hearing,as the case may be,is closed). Fifth,the chair should invite a motion Ninth,the chair takes a vote.Simply 2. Suggesting a motion to the members: from the governing body members.The asking for the"ayes"and then the"nays" "A motion would be in order that we chair should announce the name of the is normally sufficient.If members of the give 10-days'notice in the future for member who makes the motion. body do not vote,then they"abstain." all our meetings." Sixth,the chair should determine if any Unless the rules of the body provide member of the body wishes to second otherwise or unless a super-majority is 3. Making the motion. the motion.The chair should announce required(as delineated later in these As noted, the chair has every right as a the name of the member who seconds rules),a simple majority determines member of the body to make a motion, the motion. It is normally good practice whether the motion passes or is defeated. but normally should do so only if he or for a motion to require a second before Tenth,the chair should announce the she wishes a motion to be made but no proceeding with it, to ensure that it is result of the vote and should announce other member seems willing to do so. not just one member of the body who what action (if any) the body has taken. is interested in a particular approach. In announcing the result, the chair The Three Basic Motions However, a second is not an absolute should indicate the names of the mem- Three motions are the most common: requirement,and the chair can proceed bers, if any,who voted in the minority with consideration and a vote on the on the motion.This announcement 1. The basic motion.The basic motion motion even when there is no second. might take the following form: "The is the one that puts forward a deci- This is a matter left to the discretion motion passes by a vote of 3m with sion for consideration.A basic mot- of the chair. Smith and Jones dissenting.We have ion might be: "I move that we create afive-member committee Seventh, if the motion is made and sec- passed the motion requiring 10 days' plan onded,the chair should make sure every- notice for all future meetings of this and put on our annual fundraiser." one understands the motion.This is governing body." 2. The motion to amend.If a member done in one of three ways: wants to change a basic motion that 1. The chair can ask the maker of the Motions in General is under discussion, he or she would motion to repeat it; Motions are the vehicles for decision- move to amend it.A motion to making. It is usually best to have a mot- amend might be: "I move that we 2. The chair can repeat the motion;or ion before the governing body prior to amend the motion to have a 10- 3. The chair can ask the secretary discussing an agenda item, to help every- member committee."A motion to or the clerk of the body to repeat one focus on the motion before them. amend takes the basic motion that is the motion. before the body and seeks to change it in some way. 2 League of California Cities Rosenbergs Rules of Order:Simple Parliamentary Procedure for the 21st Century 3. The substitute motion. If a member First, the chair would deal with the To Debate or Not to Debate wants to completely do away with third(the last) motion on the floor, the The basic rule of motions is that they the basic motion under discussion substitute motion.After discussion and are subject to discussion and debate. and put a new motion before the debate,a vote would be taken first on Accordingly,basic motions,motions to governing body,he or she would the third motion. If the substitute amend,and substitute motions are all "move a substitute motion."A substi- motion passes, it would be a substitute eligible,each in their turn,for full dis- tute motion might be: "I move a sub- for the basic motion and would elimi- cussion before and by the body.The stitute motion that we cancel the nate it.The first motion would be moot, debate can continue as long as members annual fundraiser this year." as would the second motion (which of the body wish to discuss an item,sub- Motions to amend and substitute mo- sought to amend the first motion),and ject to the decision of the chair that it is tions are often confused. But they are the action on the agenda item would be time to move on and take action. quite different,and so is their effect, complete. No vote would be taken on the first or second motions. On the There are exceptions to the general rule if passed. other hand, if the substitute motion (the of free and open debate on motions.The A motion to amend seeks to retain the third motion)failed,the chair would exceptions all apply when there is a basic motion on the floor,but to modify proceed to consideration of the second desire of the body to move on.The fol- it in some way. (now the last) motion on the floor,the lowing motions are not debatable (that motion to amend. is,when the following motions are made A substitute motion seeks to throw out and seconded,the chair must immedi- the basic motion on the floor and substi- If the substitute motion failed,the ately call for a vote of the body without tute a new and different motion for it. chair would then deal with the second debate on the motion): (now the last) motion on the floor, The decision as to whether a motion is the motion t) amend.The discussion A motion to adjourn.This motion, if really a motion to amend or a substitute and debate would focus strictly ss the passed, requires the body to immediately motion is left to the chair. So that if a amendment(should the committee be adjourn to its next regularly scheduled member makes what that member calls a five or 10 members). If the motion to meeting.This motion requires a simple motion to amend,but the chair deter- amend passed,the chair would now majority vote. mines it is really a substitute motion,the move to consider the main motion(the chair's designation governs. A motion to recess.This motion, if first motion) as amended.If the motion passed,requires the body to immediately to amend failed,the chair would now take a recess.Normally,the chair deter- When Multiple Motions Are Before move to consider the main motion mines the length of the recess,which The Governing Body (the first motion) in its original format, may range from a few minutes to an Up to three motions may be on the floor not amended. hour. It requires a simple majority vote. simultaneously.The chair may reject a fourth motion until the three that are on the floor have been resolved. When two or three motions are on the The challenge for anyone chairing a public meet- floor(after motions and seconds) at Ing IS to accommodate public input In a timely the same time,the first vote should be on the last motion made. So,for exam- and time-Sensitive Way, While maintaining Steady ple,assume the first motion is a basic "motion to have a five-member commit- progress through the agenda items. tee to plan and put on our annual fund- raiser."During the discussion of this motion, a member might make a second Third,the chair would now deal with A motion to fix the time to adjourn. motion to "amend the main motion to the first motion that was placed on the This motion, if passed,requires the body have a 10-member committee, not a floor.The original motion would either to adjourn the meeting at the specific five-member committee,to plan and be in its original format(five-member time set in the motion. For example, the put on our annual fundraiser."And per- committee) or, if amended,would be in motion might be:"I move we adjourn haps,during that discussion,a member its amended format(10-member com- this meeting at midnight." It requires a makes yet a third motion as a"substitute mittee).And the question on the floor simple majority vote. motion that we not have an annual for discussion and decision would be fundraiser this year."The proper proce- whether a committee should plan and A motion table.This motion, if dure would be as follows. put on the annual fundraiser. passed, requires discussion of the agenda item to be halted and the agenda item to www.cacities.org 3 Rosenbergs Rules of Order.-Simple Parliamentary Procedure for the 21st Century be placed on"hold."The motion may the motion fails. If one member is ab- pend the rules for a particular purpose. contain a specific time in which the sent and the vote is 3-3, the motion For example, the body(a private club) item can come back to the body: "I still fails. might have a rule prohibiting the atten- move we table this item until our regu- dance at meetings by non-club mem- lar meetingin October." Or the motion All motions require a simple majority, but there are a few exceptions.The hers.A motion to suspend the rules may contain no specific time for the would be in order to allow a non-club return of the item, in which case a exceptions occur when the body is taking an action that effectively cuts member to attend a meeting of the club motion to take the item off the table on a particular date or on a particular and bringit back to the hod will have off the ability of a minority of the body Y to take an action or discuss an item. agenda item. to be taken at a future meeting.A motion to table an item (or to bring it These extraordinary motions require a back to the body) requires a simple two-thirds majority(a super-majority) The Motion to Reconsider majority vote. to pass: There is a special and unique motion Motion to limit debate.Whether a that requires a bit of explanation all by A motion to limit debate.The most itself: the motion to reconsider.A tenet common form of this motion is to say: member says, "I move the previous Y of parliamentary procedure is finality. "I move the previous question"or"I question,""I move the question," "I p q call for the question"or"I move to limit After vigorous discussion,debate and move the question"or"I call for the a vote,there must be some closure to question."When a member of the hod debate,"it all amounts to an attempt to q " Y the issue.And so,after a vote is taken, makes such a motion, the member is cut off the ability of the minority to dis- cuss an item, and it requires atwo-thirds the matter is deemed closed,subject really saying: "I've had enough debate. only to reopening if a proper motion Let's et on with the vote."When such vote to pass. g to reconsider is made. a motion is made,the chair should ask Motion to close nominations.When for a second to the motion,stop debate, choosing officers of the body,such as the A motion to reconsider requires a and vote on the motion to limit debate. chair,nominations are in order either majority vote to pass, but there are The motion to limit debate requires a from a nominating committee or from two special rules that apply only to two-thirds vote of the body.Note that a the floor of the body.A motion to close the motion to reconsider. motion to limit debate could include a nominations effectively cuts off the right First is the matter of timing.A motion time limit. For example: "I move we of the minority to nominate officers, to reconsider must be made at the meet- limit debate on this agenda item to and it requires a two-thirds vote ing where the item was first voted upon 15 minutes."Even in this format,the to pass. or at the very next meeting of the body. A motion to reconsider made at a later time is untimely. (The body,however, I f you are running the British Parliament, can always vote to suspend the rules 7 and,by a two-thirds majority, allow a Robert's Rules Of Order is a dandy and quite motion to reconsider to be made at useful handbook. another time.) Second,a motion to reconsider may be made only by certain members of the body.Accordingly,a motion to recon- motion to limit debate requires a two- Motion to object to the consideration sider may be made only by a member thirds vote of the body.A similar mot- of a question.Normally,such a motion who voted in the majority on the origi- ion is a motion to object to consideration is unnecessary, because the objectionable nal motion. If such a member has a of an item.This motion is not debatable, item can be tabled or defeated straight change of heart,he or she may make the and if passed,precludes the body from up. However,when members of a body motion to reconsider(any other mem- even considering an item on the agenda. do not even want an item on the agenda ber of the body may second the motion). It also requires a two-thirds vote. to be considered, then such a motion If a member who voted in the minority is in order. It is not debatable,and it seeks to make the motion to reconsider, Majority and Super-Majority Votes requires a two-thirds vote to pass. it must be ruled out of order.The pur- pose of this rule is finality.If a member In a democracy,decisions are made with Motion to suspend the rules.This of the minority could make a motion to a simple majority vote.A tie vote means motion is debatable, but requires a two- reconsider, then the item could of the motion fails.So in a seven-member thirds vote to pass. If the body has its be brought back to the body again and body, a vote of 4-3 passes the motion.A own rules of order, conduct or proce- again,which would defeat the purpose vote of 3-3 with one abstention means dure, this motion allows the body to sus- of finality. 4 League of California Cities Rosenbergs Rules of Order:Simple Parliamentary Procedure for the 21st Century If the motion to reconsider passes,then the original matter is back before the body,and a new original motion is in it is usually best to have a motion before the gov- order.The matter may be discussed and erning body prior to discussing an agenda item, debated as if it were on the floor for the first time. to help everyone focus. Courtesy and Decorum The rules of order are meant to create lege relate to anything that would inter- Withdraw a motion.During debate an atmosphere where the members of fere with the normal comfort of the and discussion of a motion,the maker the body and the members of the public meeting. For example,the room may of the motion on the floor,at any time, can attend to business efficiently,fairly be too hot or too cold,or a blowing may interrupt a speaker to withdraw and with full participation.And at the fan might interfere with a person's his or her motion from the floor.The same time,it is up to the chair and the ability to hear. motion is immediately deemed with- members of the body to maintain com- drawn,although the chair may ask the mon courtesy and decorum. Unless the Order.The proper interruption would person who seconded the motion if setting is very informal,it is always best be: "Point of order."Again, the chair he or she wishes to make the motion, for onlyperson at a time to have would ask the interrupter to"state your one p and any other member may make the the floor,and it is always best for every point."Appropriate points of order motion if properly recognized. Special Notes About Public Input Motions to amend and substitute motions are The rules outlined here help make meet- ings very public-friendly.But in addi- often confused. But they are quite different, and tion, and particularly for the chair,it is so is their effect, if passed. wise to remember three special rules that apply to each agenda item: Rule One:Tell the public what the body speaker to be first recognized by the relate to anything that would not be will be doing. chair before proceeding to speak. considered appropriate conduct of the Rule Two:Keep the public informed The chair should always ensure that meeting;for example, if the chair moved while the body is doing it. on to a vote on a motion that permits debate and discussion of an agenda item debate without allowing that discussion Rule Three:When the body has acted, focus on the item and the policy in ques- or debate. tell the public what the body did. tion, not on the personalities of the Public input is essential to a healthy members of the body. Debate on policy Appeal.If the chair makes a ruling that democracy,and community participa- is healthy;debate on personalities is not. a member of the body disagrees with, tion in public meetings is an important The chair has the right to cut off discus- that member may appeal the ruling of element of that input.The challenge for sion that is too personal,too loud or the chair. If the motion is seconded and anyone chairing a public meeting is to too crude. after debate,if it passes by a simple majority vote, then the ruling of the accommodate public input in a timely Debate and discussion should be fo- chair is deemed reversed. and time-sensitive way,while maintain- cused,but free and open.In the interest ing steady progress through the agenda of time, the chair may,however,limit Call for orders of the day.This is sim- items.The rules presented here for con- the time allotted to speakers, including ply another way of saying, "Let's return ducting a meeting are offered as tools for members of the body.Can a member of to the agenda."If a member believes that effective leadership and as a means of the body interrupt the speaker?The the body has drifted from the agreed- developing sound public policy. general rule is no.There are, however, upon agenda,such a call may be made. exceptions.A speaker may be interrupt- It does not require a vote,and when the ed for the following reasons: chair discovers that the agenda has not Privilege.The proper interruption been followed,the chair simply reminds the body to return to the agenda item would be: "Point of privilege."The chair would then ask the interrupter to properly before them.If the chair fails "state your point."Appropriate points oto do so,the chair's determination may f privi- be appealed. www.cacities.org 5 SKU 1533 $5.00 To order additional copies of this publication,call(916)658-8257 or visit www.cacities.org/store. ©2003 League of California Cities. 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