HomeMy WebLinkAbout2012-04-10 OB Agenda Item No. 4I�
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OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF LAKE ELSINORE
TO: MEMBERS OF THE OVERSIGHT BOARD
FROM: BARBARA LEIBOLD, SUCCESSOR AGENCY COUNSEL
DATE: APRIL 10, 2012
SUBJECT: CONSIDERATION OF A RESOLUTION ADOPTING BYLAWS AND A
RESOLUTION ADOPTING RULES OF PROCEDURE FOR THE
OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
Backaround
On February 1, 2012, all non - housing assets, properties, contracts, leases, and records
of the former Redevelopment Agency of the City of Lake Elsinore were transferred by
operation of law to the City of Lake Elsinore as the Successor Agency. The Successor
Agency is now responsible for the winding down of the former Redevelopment Agency's
obligations subject to monitoring by, and approval of, the Oversight Board.
The Oversight Board has been established pursuant to Health and Safety Code Section
34179 and is charged with specific oversight, approval and monitoring activities with
respect to the winding down of the Agency's obligations. In order to guide the Oversight
Board's operations, activities and actions and to facilitate the conduct of Oversight
Board meetings, staff recommends that the Board adopt Bylaws and Rules of
Procedure.
Discussion
Staff has prepared suggested Bylaws and Rules of Procedures attached to the
proposed enacting Resolutions (Attachment 1 and Attachment 2) for the Board's
consideration.
Recommendation
Adopt Resolution No. OB- 2012 -002 adopting Bylaws for the Oversight Board to
the Successor Agency of the Redevelopment Agency of the City of Lake
Elsinore; and
AGENDA ITEM 4 Page 1
rd I III
Consideration of a Resolution Adopting Bylaws and a Resolution Adopting Rules
of Procedure
April 10, 2012
Page 2
2. Adopt Resolution No. OB- 2012 -003 adopting Rules and Procedures for the
Oversight Board to the Successor Agency of the Redevelopment Agency of the
City of Lake Elsinore.
Prepared and approved by: Barbara Leibold,
City Attorney /Successor Agency Counsel
Attachments:
1. Resolution No. OB -2012 -002 — A Resolution of the Oversight Board to the
Successor Agency of the Redevelopment Agency of the City of Lake Elsinore
adopting Bylaws
1.a. Bylaws of the Oversight Board to Successor Agency of the
Redevelopment Agency of the City of Lake Elsinore
2. Resolution No. OB- 2012 -003 — A Resolution of the Oversight Board to the
Successor Agency of Lake Elsinore the Redevelopment Agency of the City of Lake
Elsinore adopting Rules and Procedures
2.a. Rules of Procedure of the Oversight Board to the Successor
Agency of the Redevelopment Agency of the City of Lake Elsinore
AGENDA ITEM 4 Page 2
/'� "IN
RESOLUTION NO.OB- 2012 -002
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF
THE CITY OF LAKE ELSINORE ADOPTING BYLAWS
WHEREAS, the Oversight Board to the Successor Agency of the Redevelopment
Agency of the City of Lake Elsinore ( "Oversight Board ") has been established to direct
the Successor Agency to take actions to wind down the affairs of the former
Redevelopment Agency of the City of Lake Elsinore in accordance with the California
Health and Safety Code; and
WHEREAS, the Oversight Board desires to adopt bylaws and regulations for the
general operation of the Oversight Board, including but not limited to the designation of
officers and conduct of meetings.
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Bylaws of the Oversight Board, a copy of which is attached
hereto and incorporated herein as Exhibit "A ", are hereby approved.
SECTION 2. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED at a special meeting of the Oversight
Board to the Successor Agency of the Redevelopment Agency of the City of Lake
Elsinore, held this 10th day of April, 2012 by the following vote:.
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson, Oversight Board to the
Successor Agency of the Redevelopment
Agency of the City of Lake Elsinore
AGENDA ITEM 4 Page 3
OVERSIGHT BOARD RESOLUTION NO. OB 2012 -002
Page 2 of 2
ATTEST:
Oversight Board Secretary
AGENDA ITEM 4 Page 4
EXHIBIT "A"
BYLAWS OF THE OVERSIGHT BOARD TO
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF LAKE ELSINORE
ARTICLE 1 — THE OVERSIGHT BOARD
Section 1. Name of Authority
The official name shall be the "Oversight Board to the Successor Agency of the
Redevelopment Agency of the City of Lake Elsinore" (herein referred to as "Oversight
Board ").
Section 2. Place of Meeting
The office of the Oversight Board shall be at the Lake Elsinore City Hall, 130 South
Main Street, Lake Elsinore, California. The regular place of Oversight Board meetings shall
be the Lake Elsinore Cultural Center, 183 North Main Street, Lake Elsinore, California. The
Oversight Board may hold its meetings at such other locations as the Oversight Board may
from time to time designate by resolution, in the order of adjournment, or notice of call of
any special meeting.
Section 3. Powers
The Oversight Board shall be vested with all the rights, powers, duties, privileges,
and immunities established by the California Health and Safety Code Sections 34179,
34180, and 34181.
UA EOIR:l1Qe79a144 *1
Section 1. Officers and Officials
The officers of the Oversight Board shall be composed of seven members. The
members shall elect one of their members as the chairperson and select one of their
members as the vice chairperson. All Oversight Board members shall be selected
pursuant to the guidelines set forth in the California Health and Safety Code 34179. Other
officials acting as its staff shall be the Executive Director and Director of Administrative
Services of the Successor Agency, a secretary, and such other employees and officials of
the Successor Agency /and or City of Lake Elsinore as deemed necessary by the Executive
Director of the Successor Agency.
AGENDA ITEM 4 Page 5
Section 2. Chairperson
The Chairperson of the Oversight Board shall preside at all meetings of the
Oversight Board.
Section 3. Vice- Chairperson
The Vice- Chairperson shall perform the duties of the Chairperson in the absence or
incapacity of the Chairperson.
Section 4. Secretary
The Executive Director of the Successor Agency shall designate a person to serve
as the Secretary to the Oversight Board. The Secretary shall keep the records of the
Oversight Board, shall act as Secretary at meetings of the Oversight Board, shall record all
votes, keep a record of the proceedings of the Oversight Board in a journal of proceedings
to be kept for such purpose and shall perform all duties incident to the office. The
Secretary shall maintain a record of all official proceedings of the Oversight Board and its
programs. In the absence of the Secretary, the Executive Director of the Successor
Agency shall appoint a member of the staff to act as Secretary.
Section 5. Vacancies
When a seat on the Oversight Board becomes vacant, the position will be filled by a
member appointed by the entity or person who originally appointed the former member.
Such appointments are to take place within 60 days of the creation of the vacancy. The
Governor of the State of California may appoint individuals to fill a member position that
remains vacant for more than 60 days.
Section 6. Compensation
Oversight Board members shall serve without compensation or reimbursement for
expenses.
AGENDA ITEM 4 Page 6
Io- %,
RESOLUTION NO. OB- 2012 -003
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF
THE CITY OF LAKE ELSINORE ADOPTING RULES OF
PROCEDURE
WHEREAS, the Oversight Board to the Successor Agency of the Redevelopment
Agency of the City of Lake Elsinore ( "Oversight Board ") has been established to direct
the Successor Agency to take certain actions to wind down the affairs of the
Redevelopment Agency in accordance with the California Health and Safety Code; and
WHEREAS, the Oversight Board desires to adopt rules of procedure for the
general operation of the Oversight Board, including but not limited to the conduct of
meetings and approval of contracts in accordance with the California Health and Safety
Code.
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Rules of Procedure of the Oversight Board to the Successor
Agency of the Redevelopment Agency of the City of Lake Elsinore, a copy of which is
attached hereto and incorporated herein as Exhibit "A ", are hereby approved.
SECTION 2. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED at a special meeting of the Oversight
Board to the Successor Agency of the Redevelopment Agency of the City of Lake
Elsinore, held this 10th day of April, 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson, Oversight Board to the
Successor Agency of the Redevelopment
Agency of the City of Lake Elsinore
AGENDA ITEM 4 Page 7
OVERSIGHT BOARD RESOLUTION NO.OB 2012 -003
Page 2 of 2
ATTEST:
Oversight Board Secretary
AN
AGENDA ITEM 4 Page 8
100%"
EXHIBIT "A"
OF
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
ARTICLE I — MEETINGS
Section 1. Regular Meetings
Regular meetings of the Oversight Board shall be held at such date and time as
designated by Resolution of the Oversight Board. The meetings will be held in the
Cultural Center at 183 North Main Street, Lake Elsinore, California, or such other
locations as the Oversight Board may from time to time designate by resolution or in the
notice or call of any special meeting. In the event a day of meeting shall be a legal
holiday, said meeting shall be held on the next business day unless otherwise
determined by the Oversight Board.
Section 2. Special Meetings
The Chairperson of the Oversight Board may, when he or she deems it
necessary, and shall, upon the written request of four members of the Oversight Board,
call a special meeting of the Oversight Board for the purpose of transacting the
business designated in the call. The means and method for calling such special
meeting shall be as set forth in the Ralph M. Brown Act, California Government Code
Section 54950 et sea.
Section 3. Adjourned Meetings
The board members may adjourn any meeting to a time and place specified in
the order of adjournment. When an order of adjournment of any meeting fails to state
an hour at which the adjourned meeting is to be held, it shall be held at the hour
specified for regular meetings. In adjourning any meeting, there shall be compliance
with all procedures of the Ralph M. Brown Act, California Government Code Section
54950 et seq.
Section 4. Quorum
Four (4) board members of the Oversight Board shall constitute a quorum for the
purpose of conducting its business and exercising its powers and for all other purposes,
but a smaller number may adjourn from time to time until a quorum is obtained. Every
official act of the Oversight Board shall be adopted by a majority vote except in
situations where the law calls for a vote of greater than a majority. A "majority vote"
shall mean a majority of the full Board (i.e., four affirmative votes).
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Section 5. Order of Business
(a) Agenda. The order of business of each meeting shall be as
contained in the Agenda prepared by the Oversight Board Secretary. The Agenda shall
be a listing by topic of the subjects which shall be taken up for consideration in the
following order:
(i) Call to Order
(ii) Pledge of Allegiance
(iii) Roll Call
(iv) Public Comments — Agendized Items
(v) Presentations
(vi) Consent Calendar
(vii) Business Items
(viii) Public Comments — Nan - Agendized Items
(ix) Staff Comments
(x) Oversight Board Member Comments
(xi) Adjournment
All resolutions shall be in writing and designated by number, reference to which
shall be inscribed in the minutes and an approved copy of each resolution filed in the
official book of resolutions of the Oversight Board.
(b) Preparation of Agenda: The staff of the Successor Agency shall
be responsible for the preparation of the Agenda. The Oversight Board, by a majority
vote, may direct a matter to be placed upon a future agenda.
(c) Delivery of Agenda: The Agenda and related staff reports will
ordinarily be delivered to the board members via e-mail on the Friday preceding the
meeting to which it pertains, but in any event not less than 72 hours prior to a regularly
scheduled meeting and not less than 24 hours prior to a special meeting of the
Oversight Board.
The Agenda and staff reports shall also be available to the general public at the
time it is delivered to the board members.
(d) Roll Call: Before proceeding with the business of the Oversight
Board, the Oversight Board Secretary shall call the roll of the board members and the
names of those present shall be entered in the minutes.
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no
(e) Approval of Minutes: Unle
Oversight Board, minutes of the previous meeting
reading if the Secretary has previously furnished
thereof.
ss requested by a majority of the
may be approved without public
each board member with a copy
(f) Public Comment: Pursuant to Government Code 54954.3, each
agenda for a regular meeting shall provide an item entitled `Public Comment." The
purpose of such item shall be to provide an opportunity for members of the public to
directly address the Oversight Board on items of interest to the public that are within the
subject matter jurisdiction of the Oversight Board. In order to assure that the intent of
Government Code 54954.3 is carried out, three (3) minutes is the amount of time
allocated for each individual speaker.
(g) Consent Agenda: Items of routine nature, and non - controversial,
shall be placed on the consent agenda. All items may be approved by one blanket
motion upon unanimous consent. Prior to review of the consent agenda, any board
member may request that any item be withdrawn from the consent agenda for separate
consideration.
(h) Call to Order:The meeting of the Oversight Board shall be called to
order by the Chairperson, or in his/her absence, by the Vice Chairperson. The person
calling meetings to order shall be referred to as the "Presiding Officer." In the absence
of both the Chairperson and the Vice Chairperson, the meeting shall be called to order
by the Secretary to the Oversight Board and the Board shall select a temporary
chairperson, who shall serve as the Presiding Officer for the meeting.
(i) Participation of Presiding Officer: The Presiding Officer may move,
second, and debate, subject only to such limitations of debate as are imposed on all
board members, and he or she shall not be deprived of any of the rights and privileges
of a board member by reason of his or her acting as Presiding Officer.
(j) Question to be Stated: The Presiding Officer shall verbally
restate or request that staff restate each question immediately prior to calling for the
vote. Following the vote, the Presiding Officer shall verbally announce whether the
question carried or was defeated. The Presiding Officer may also publicly state the
effect of the vote for the benefit of the audience before proceeding to the next item of
business.
(k) Maintenance of Order: The Presiding Officer is responsible for
the maintenance of order and decorum at all times. No person is allowed to speak who
has not first been recognized by the Presiding Officer. All questions and remarks shall
be addressed to the Presiding Officer.
Section 6. Rules, Decorum and Order
(a) Points of Order: The Presiding Officer shall determine all Points
of Order subject to the right of any member to appeal to the Oversight Board. If any
appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be
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sustained ?" in which event a majority vote shall govern and conclusively determine such
question of order.
(b) Decorum and Order — Board members:
(i) Any board member desiring to speak shall address the
Presiding Officer and, upon recognition by the Presiding Officer, shall
confine himself or herself to the question under debate.
(ii) A board member, once recognized, shall not be interrupted
while speaking unless called to order by the Presiding Officer; unless a
Point of Order is raised by another board member; or unless the speaker
chooses to yield to questions from another board member.
(iii) Any board member called to order while he or she is
speaking shall cease speaking immediately until the question of order is
determined. If ruled to be in order, he or she shall be permitted to
proceed. If ruled to be not in order, he or she shall remain silent or shall
alter his or her remarks so as to comply with rules of the Oversight Board.
(iv) Board members shall accord the utmost courtesy to each
other, to city or Oversight Board employees, and to the public appearing
before the Oversight Board and shall refrain at all times from rude and
derogatory remarks, reflections as to integrity, abusive comments and
statements as to motives and personalities.
(v) Any board member may move to require the Presiding
Officer to enforce the rules and the affirmative vote of a majority of the
Oversight Board shall require him or her to so act.
(vi) Except where specifically authorized by Oversight Board
action, no board member shall make any statement or give the
appearance or indicate in any way that he or she is representing the
Oversight Board.
(c) Decorum and Order — Employees: Members of the
administrative staff of the Oversight Board shall observe the same rules of procedure
and decorum applicable to board members. The Executive Director of the Successor
Agency shall ensure that all Oversight Board employees observe such decorum. Any
staff members, including the Executive Director, desiring to address the Oversight
Board or members of the public shall first be recognized by the Presiding Officer. All
remarks shall be addressed to the Presiding Officer and not to any one individual board
member or member of the public.
(d) Decorum and Order — Public: Members of the public attending
Oversight Board meetings shall observe the same rules of order and decorum
applicable to the Oversight Board. Any person making impertinent and slanderous
remarks or who becomes boisterous while addressing the Oversight Board or while
AGENDA ITEM 4 Page 12
attending the Oversight Board meeting shall be removed from the room and such
person may be barred from further audience before the Oversight Board. Unauthorized
remarks from the audience, stamping of feet, whistles, yells and similar demonstrations
shall not be permitted by the Presiding Officer, who may direct the sergeant -of -arms to
remove such offenders from the room. Aggravated cases shall be prosecuted on
appropriate complaint signed by the Presiding Officer.
(e) Enforcement of Decorum: As set forth in Government Code
Section 54957.9, in the event that any meeting is willfully interrupted by a group or
groups of persons so as to render the orderly conduct of such meeting unfeasible and
order cannot be restored by the removal of individuals who are willfully interrupting the
meeting, the board members may order the meeting room cleared and continue in
session. Only matters appearing on the agenda may be considered in such a session.
Duly accredited representatives of the press or other news media, except those
participating in the disturbance, shall be allowed to attend any session held pursuant to
this section. Nothing in this section shall prohibit the Oversight Board from establishing
a procedure for readmitting an individual or individuals not responsible for willfully
disturbing the orderly conduct of the meeting.
(f) Conflict of Interest: All board members are subject to the
provisions of California Law, such as Chapter 7, Title 9, of the California Government
Code, relative to conflicts of interest, and to conflicts of interest codes adopted by the
Oversight Board.
(g) Limitation of Debate: No board member normally should
speak more than once upon any one subject until every other board member choosing
to speak thereon has spoken. No member shall speak for a longer time than five
minutes each time he or she has the floor, without approval of a majority vote of the
Oversight Board.
(h) Dissents and Protests: Any board member shall have the right
to express dissent from or protest to any action of the Oversight Board and have the
reason entered in the minutes. If such dissent or protest is desired to be entered in the
minutes, this should be made clear by language such as, "I would like the minutes to
show that I am opposed to this action for the following reasons ..."
Procedures In Absence of Rules: In the absence of a rule herein to govern a point or
procedure, the Standard Code of Parliamentary Procedure, 4th Edition, Revised by the
American Institute of Parliamentarians shall govern the proceedings of the Board except
to the extent such Rules conflict with the rules set forth herein or in any applicable law.
(i) Rulings of Presiding Officer Final Unless Overruled: In presiding
over Oversight Board meetings, the Presiding Officer shall decide all questions of
interpretation of these rules, points of order or other questions of procedure requiring
rulings. Any such decision or ruling shall be final unless overridden or suspended by a
majority vote of the board members present and voting.
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Section 7. Addressing the Oversight Board
(a) Manner of Addressing the Oversight Board: Any member of the
public desiring to address the Oversight Board shall proceed to the podium and wait to
be recognized by the Presiding Officer. After being recognized, he shall state his name
and address for the record.
All remarks and questions shall be addressed to the Presiding Officer and
not to any individual board member, staff member or other person. No person shall
enter into any discussion without being recognized by the Presiding Officer.
(b) Time Limitation: For time limitation applicable to public
comment, see Article III, Section (5). This Limitation shall not apply to any staff
presentation.
(c) Addressing the Oversight Board After Motion Is Made: After a
motion has been made, no member of the public shall address the Oversight Board
without first securing permission by a majority vote of the Oversight Board.
(d) Limitations Regarding Public Comments and Reports: The making
of oral communications to the Oversight Board by any member of the public during the
"Public Comments" portion of the agenda shall be subject to the following:
At any time, before or after the oral communication is
commenced, the Presiding Officer if he or she deems it
preferable, direct that the communication be made instead
either to the Executive Director or other appropriate staff
member during regular business hours, or in writing for
subsequent submittal to board members.
(e) Persons Authorized to be Within Platform: No person except
Oversight Board Officials shall be permitted behind the Oversight Board dais without
permission or consent of the Presiding Officer.
Section 8. Motions
(a) Processing of Motions: When a motion is made and seconded, it
shall be stated by the Presiding Officer before debate. A motion so stated shall not be
withdrawn by the mover without the consent of the person seconding it.
(b) Motions Out of Order: The Presiding Officer may at any time, by
majority consent of the board members, permit a board member to introduce a
resolution or motion out of the regular agenda order.
(c) Division of Question: If the question contains two or more divisional
propositions, the Presiding Officer may, and upon request of a board member shall
(unless appealed), divide the same.
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(d) Procedure of Motions:
Board, no motion shall be entertained
precedence in the following order:
When a motion is before the Oversight
except the following, which shall have
Adjourn
Fix hour of adjournment
Table
Limit or terminate discussion Amend
Postpone
(e) Motion to Adjourn: (not debatable) A motion to adjourn shall be in
order at any time, except as follows:
When repeated without intervening business or discussion.
When made as an interruption of a board member while speaking.
When discussion has been ended, and vote on a motion is
pending, and
While a vote is being taken.
(f) Motion to Fix Hour of Adjournment: Such a motion shall be to set a
definite time at which to adjourn and shall be debatable and shall be amendable by
unanimous vote.
(g) Motion to Table: A motion to table shall be used to temporarily by-
pass the subject. A motion to table shall be debatable and shall preclude all
amendments or debate of the subject under consideration. If the motion shall prevail,
the matter may be "taken from the table" at any time prior to the end of the next regular
meeting.
(h) Motion to Limit or Terminate Discussion: Such a motion shall be
used to limit or close debate on, or further amendment to, the main motion and shall be
undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote
shall be taken on the main motion.
(i) Motion to Amend: A motion to amend shall be discussed only as to
the amendment. A motion to amend an amendment is possible but no additional
motions to further amendments may be made. Any amendment shall relate to the
original motion and not introduce a different matter. Amendments shall be voted l=ust,
then the main motion as amended. Alternatively, the original maker of the main motion
may agree to revise the original motion and if the second agrees to second the revised
motion, the Oversight Board may vote on the main motion as revised.
Section 9. Voting Procedure
(a) Voting Procedure: In acting upon every motion, the vote shall be
taken by roll call or by electronic vote. The vote on each motion shall then be entered in
full upon the record. If the vote is by roll call, the order of voting shall be alphabetical
with the Chairperson voting last. The Secretary shall call the names of all members
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seated when a roll call vote is ordered or required. Members shall respond 'aye,' 'no' or
'abstain.'
Any action or motion of the board shall require four (4) affirmative votes. Any
member may change his or her vote before the next order of business.
(b) Failure to Vote: A board member who abstains due to reasons of
conflict shall, for purpose of the item under consideration, be considered as if absent. A
board member abstaining for reasons other than conflict shall be with the majority. A
board member who leaves the dais solely to avoid participating in a specific item shall,
in absence of a conflict, be counted as if they were present but abstaining and such
abstentions are also counted with the majority.
(c) Reconsideration: Any board member who voted with the majority
may move a reconsideration of any action at the same meeting. If the motion to
reconsider passes, then the original item may be reconsidered at that time or agendized
for the next meeting which meets any applicable noticing requirements. After a motion
for reconsideration has been acted upon, no other motion for reconsideration thereof
shall be made without unanimous consent of the Oversight Board.
Section 10. Resolutions
(a) Definitions: The Actions of the Oversight Board will take one of
three forms: "resolution," "minute order," and "motion" (thereafter recorded by minute
entry). Resolutions, in addition to being referenced in the minutes, will be recorded by a
separate document, numbered in sequence and preserved in a separate set of books.
Such "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
governmental agency, or where the frequency of future reference back to its contents
warrants a separate document (with the additional "whereas" explanatory material it
often recites) to facilitate such future reference and research.
A "minute order" as used locally denotes an Oversight Board action which is
recorded simply by an item entry in the minutes of the meeting at which it was
accomplished, and no separate document is made to memorialize it. However,
sequential numbering shall be assigned to each motion to facilitate indexing.
(b) Resolutions Prepared in advance: Where a resolution has been
pared in advance, the procedure shall be: motion, second, discussion, vote pursuant to
methods prescribed above, and result declared. It shall not be necessary to read a
resolution in full or by title except to identify it. Any member may require that the
resolution be read in full.
(c) Resolutions Not Prepared In Advance: Where a resolution has not
been prepared in advance, the procedure shall be to instruct the Counsel of the
Successor Agency to prepare a resolution for presentation at the next Oversight Board
meeting.
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(d) Urgency Resolutions: In matters of urgency, a resolution may be
presented verbally in motion from together with instructions for written preparation for
later execution. After the resolution has been verbally stated, the voting procedure
described above shall be followed.
ARTICLE II - MISCELLANEOUS
Section 11. Amendments to Bylaws and Rules of Procedure
The Bylaws and Rules of Procedure of the Oversight Board may be amended by
the Oversight Board at any regular or special meeting by a vote of the majority of the
Oversight Board members, provided that no such amendment shall be adopted unless
at least seven days' written notice thereof has been previously given to all board
members of the Oversight Board. Such notice shall identify the section or sections of
the Bylaws and Rules of Procedure proposed to be amended.
Section 12. Rules Directory
To the extent not required by State laws, these rules of procedure shall be
considered directory only; and compliance herewith shall not be considered mandatory
or jurisdictional
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