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HomeMy WebLinkAboutItem No. 08 - Council Meeting Rules Procedures UpdateCity Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 22-312 Agenda Date: 8/9/2022 Status: Approval FinalVersion: 1 File Type: Council Consent Calendar In Control: City Council / Successor Agency Agenda Number: 8) Updates to Council Policy No. 200-1 Regarding City Council Meeting Rules and Procedures Adopt a revised Council Policy No. 200-1 regarding City Council Meeting Rules and Procedures. Page 1 City of Lake Elsinore Printed on 8/4/2022 REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Barbara Leibold, City Attorney Candice Alvarez, MMC, City Clerk Date: August 9, 2022 Subject: Updates to Council Policy No. 200-1 Regarding City Council Meeting Rules and Procedures Recommendation Adopt the revised Council Policy No. 200-1 regarding Rules of Procedure & Decorum for the Conduct of City Council Meetings Background The City Council established Council Policy No. 200-1 regarding City Council Meeting Rules and Procedures on May 27, 1986 by Resolution No. 86-33. The Policy was subsequently amended by Minute Action on April 24, 2001 to modify the order of the agenda for Regular City Council Meetings, and on September 12, 2006 by Resolution No. 2006-152. On June 14, 2022, the City Council received comments from members of the public requesting additional revisions and referred the item to staff to review the policy in its entirety and to update in accordance with modern standards. Discussion: The City is required to comply with the Ralph M. Brown Act (Government Code Sections 54950 et seq.) and other applicable laws in the conduct of City Council and other meetings. However, state law does not address all aspects of such meetings. Accordingly, Government Code Section 36813 provides the City Council legal authority to establish its own rules of decorum and procedures for meetings. The purpose of Policy No. 200-1 is to establish rules of decorum and procedure for City officials, Staff, and members of the public at all meetings of the City Council to ensure that the business of the City is attended to effectively and efficiently with opportunities for orderly public participation. Provisions of Policy No. 200-1 that simply recite Brown Act definitions or requirements have been deleted. Government Code Section 53232.3(d) requires that members of a legislative body provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body. This reporting requirement was originally identified in City Council Policy No. 200-1 as “Committee Reports.” Staff is proposing to revise the “City Council Comments” portion of the Agenda to add “/Reports on Meetings Attended” and to update the Policy accordingly. By-District Commission Appointments Page 2 of 2 Taking into consideration the comments received from the City Council and members of the public during the June 14, 2022 City Council meeting, staff has made additional revisions as outlined in Exhibit A. Fiscal Impact: No expected fiscal impacts. Exhibits: A – Redlined Revised Council Policy No. 200-1 B. – Revised Council Policy No. 200-1. CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Policy No. 5/27/8 Rules & Procedures Effective Date: 5/27/86 Revised: 4/24/01 Revised: 9/12/06 Revised: 8/9/22 Page No. 1 of 18__ BACKGROUND The City is required to comply with the Ralph M. Brown Act (Government Code Sections 54950 et seq.) and other applicable laws in the conduct of City Council and other meetings. However, state law does not address all aspects of such meetings. Accordingly, Government Code Section 36813 provides that athe City Council maylegal authority to establish its own rules of decorum and procedures for meetings. PURPOSE The purpose of this policyPolicy is to assist Council establish rules of decorum and procedure for City officials, Staff, and members in conducting effective and efficient Councilof the public at all meetings and of the City Council to provide guidelinesensure that the business of the City is attended to effectively and procedural rules where there are no controlling rules of lawefficiently with opportunities for orderly public participation. POLICY SECTION 1. DEFINITIONS; MEETING DEFINED 1.1 Definitions Generally. All terms used herein, if defined in the Brown Act or other applicable law, shall, for purposes of this Policy, be interpreted to have the meaning set forth in the Brown Act or other applicable law, as such law may be amended from time to time. 1.2 “Meeting” Defined: The Brown Act defines the term “meeting” as including any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains. 1.3 Meetings to be Public: Except as provided by the Brown Act and other applicable law, all meetings of the City Council shall be open and public, and all persons shall CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Policy No. 1 the Rules & Procedures Page No. 2 of 18__ be permitted to attend any City Council meeting required to be open and public. The Minutes of such meetings shall be open to public inspection. 1.4 Quorum: A majority of the members of the Council shall constitute a quorum and be necessary for the transaction of business. If a quorum is not present, those in attendance will be named and they shall adjourn to a later time. 1.5 Adjourned Meetings. Any regular or special meeting, or any adjourned regular or special meeting, may be adjourned to a time and place specified in the order of adjournment. 1.6 Journal of Proceedings (Minutes): An account of all proceedings of the Council shall be kept by the City Clerk and shall be entered in a book constituting the official record of the Council. SECTION 2. TYPES OF MEETINGS 2.1 Regular Meetings: Regular meetings of the City Council are held on the second and fourth Tuesday of each month in the Council Chambers located at the Lake Elsinore Cultural Center at 183 North Main Street. Unless changed by Resolution of the City Council, Regular Council Meetings commence at 5:00 p.m. for purposes of Closed Session. While the public may be in attendance during the oral announcements proceeding the closed sessions, the closed sessions are not open to the public. The public session of the Regular Meeting during which the business of the Agenda will be conducted commences at 7:00 p.m. 2.2 Special Meetings: Special meetings may be called by the Mayor or by a majority of the members of the Council. The call for a special meeting shall be filed with the City Clerk in written form, except that announcement of a special meeting during any regular meeting at which all members are present shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, the hour, and the location of a special meeting and shall list the subject or subjects to be considered. No special meeting shall be held until at least twenty four (24) hours after the call is issued, but every effort will be made to provide forty eight (48) hours notice. Only such business may be transacted at a special meeting as may be listed in the call for said meeting or an incident thereto. CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Policy No. 1 the Rules & Procedures Page No. 3 of 18__ 2.3 Adjourned Meetings: Any meeting of the Council may be adjourned to a later date and time, provided that no adjournment shall be for a longer period than until the next Regular Meeting. 2.4 Study Sessions: The Council may meet informally in Study Sessions (open to the public), at the call of the Mayor or of any three members of the Council, to review forthcoming programs of the City, receive progress reports on current programs or projects, or receive other similar information from the City Manager or other appropriate parties, provided that all discussions and conclusions thereon shall be informal. Agenda items dealing with ongoing City business that have gone through normal channels will be listed on the agenda of Regular City Council Meetings. Upon the request of any Councilmember or at the discretion of the City Manager, any new items, policies or issues shall first be scheduled on a Study Session Agenda before being placed on a regular agenda for City Council action. 2.5 Closed Sessions: Closed sessions or closed meetings may be held in accordance with the provisions of the Brown Act. Topics that may be discussed include: (1) Personnel Matters, (2) Consideration of acquisition or disposition of property for public purposes, (3) Potential or pending litigation in which the City has an interest. The City Clerk shall include as part of the Regular City Council Agenda the topic(s) for closed session. Prior to the closed session, the City Attorney shall state publicly the code section pursuant to which the closed session is being held and, as to matters of pending litigation, the title and case number of the litigation. SECTION 3. RULES, DECORUM AND ORDER OF PROCEDURE 31.1 Rules of Order: The rule of order and procedure set forth in the American Institute of Parliamentarians Standard Code of Parliamentary Procedure, 4th Edition, Revised by the American Institute of Parliamentarians © 2012 (as amended from time to time) shall govern the proceedings of the City Council, except to the extent such Rulesrules conflict with the rules set forth herein or in anythis Policy or applicable law. CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Policy No. 1 the Rules & Procedures Page No. 4 of 18__ 1.2 Common Sense: Proceedings of the City Council shall be governed by common sense and good taste. In the event of a dispute concerning procedural matters not specifically covered hereinby this Policy or by any applicable law, the majority vote of the City Council shall prevail. 1.3 Efficiency: Rules adopted to expedite the transaction of business of the City Council in an orderly fashion are deemed to be procedural only, and the failure to strictly observe such rules shall not affect the jurisdiction of the City Council or invalidate any action taken at a meeting that is otherwise held in conformity with theapplicable law. 3.2 Right of Floor: Any Councilmember desiring to speak shall be recognized by the Mayor, and shall confine his or her remarks to one subject under consideration or to be considered. SECTION 52. PRESIDING OFFICER 52.1 Presiding Officer: The Presiding Officer of the City Council shall be the Mayor or, when absent, the Mayor Pro Tem. Said officerThe Presiding Officer shall be responsible for maintaining the order and decorum of meetings and shall take the chair at the hourtime appointed for the meeting and shall immediately call the City Council to order. In the absence of the Mayor orand Mayor Pro Tem, the City Clerk shall call the City Council to order, whereupon a temporary Presiding Officer shall be elected by the members of the Council present. Upon arrival of the Mayor or Mayor Pro Tem, the temporary Presiding Officer shall immediately relinquish the chair upon the conclusion of the particular businessagenda item before Council at that time. Wherever in this chapter the term “Mayor” is used, it shall apply equally to the Presiding Officer as defined in this section. 52.2 Duties and Authority: The Mayor shall have a vote but no veto powers, and may move, second, and debate from the chair. In the event of the taking of a roll call for the purpose of voting or otherwise, the Mayor’s name shall be called last. The Mayor shall (i) sign all ordinances, resolutionspreserve strict order and decorum at all meetings of the City Council; (ii) maintain control of communication between Council Members and between the City Council and members of the public; (iii) state, or call upon Staff to state, every question before the City Council; (iv) call CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Policy No. 1 the Rules & Procedures Page No. 5 of 18__ for the vote and announce the decision of the City Council on all subjects; (v) decide all questions of order, subject, however, to an appeal by the City Council or any Council Member, in which event a majority vote of the City Council shall govern and conclusively determine such question of order; (vi) sign all Ordinances, Resolutions, and other documents necessitating said officer’s signature which may have been adopted in the Mayor’s presence; (ii) preserve strict order and decorum at all regular and special meetings of the Council; (iii) state, or call upon Staff to state, every question before the Council; (iv) call for the vote and announce the decision of the Council on all subjects; (v) decide all questions of order, subject, however, to an appeal by the Council or any Council member, in which event a majority vote of the Council shall govern and conclusively determine such question of order; and (vi) have and exercise such other powers and duties as are authorized by lawand (vii) have and exercise such other powers and duties as are authorized by law. The Mayor shall not be deprived of any of the rights and privileges of a Council Member by reason of being Mayor or acting as the Presiding Officer. 2.3 Additional Authority: The Mayor shall have the power, authority, and discretion, without a vote of the City Council, to: A. Set time limits on Council discussion on any matter in order receive public testimony and timely and efficiently consider Agenda items. B. Set time limits on any communications from members of the public toduring a public hearing, business item or item pulled from the Consent Calendar in order to allow the City Council. to receive testimony from all interested members of the public and timely and efficiently consider Agenda items. In no event shall any individual public communication exceed three (3) minutes nor shall any presentation or communication by an applicant or appellant (in the case of an appeal hearing) exceed five (5) minutes without the consent of the Mayor or a majority of the Council present. CC. Public comments on non-agendized items will be permitted during the Public Comment portion of each City Council meeting for up to one- minute at the commencement of the meeting and up to three minutes at the end of the Council Meeting. The Mayor may set time limits less than three minutes at the end of the meeting to allow all interested members of the public to address the Council and in consideration of the lateness of the meeting. CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Policy No. 1 the Rules & Procedures Page No. 6 of 18__ D. Declare the opening of public hearings. DE. Rule any motion on a subject not on the agenda as being out of order, in which case the motion shall thereafter be void. EF. Table any motion on any matter until the next regular, adjourned regular or special City Council Meeting. FG. Rule any speaker out of order, terminate any communication with the City Council from a member of the public, and/or declare a recess in order to establish order to any meetings. The Mayor, or such other member of the Council as may be presiding, may move, second and debate from the chair subject only to such limitations of debate as are by these rules imposed upon all members. The Mayor shall not be deprived of any of the rights and privileges of a Council member by reason of being Mayor or acting as the Presiding Officer. 5.32.4 Questions to be Stated: The Mayor shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any member in the manner provided in Section 7.9 of these rules. 5.4 Substitution for Chairman: The Mayor may call any other member to temporarily chair the meeting in order to take part in debate, to make a motion, or to cover a temporary absence, such substitution not to continue beyond adjournment. SECTION 63. ORDER OF BUSINESS AND AGENDA 63.1 Order of Business: The General rule as toGenerally, the order of business in regular meeting at regularly scheduled meetings of the City Council shall be as follows, unless otherwise re-ordered by the Mayor with the consensus of the City Council: A. A. Call to Order B.A. B. Roll Call C.A. C. Closed Session (5:00 p.m.). or such other time as indicated on the agenda) B. D. Call to Order C. Roll Call D. Recess into Closed Session D.E. Reconvene/Call to Order Public Session (7:00 p.m.) CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Policy No. 1 the Rules & Procedures Page No. 7 of 18__ E.F. E. Pledge of Allegiance F.G. F. Invocation/Moment of Silent PrayerReflection G.H. G. Roll Call I. H. Closed Session Report H.J. Presentations/Ceremonials I.A. I. Closed Session Report J.K. J. Public Comments – Non-Agendized Items – one minute K.L. K. City Council Consent Calendar M. L. Successor Agency Consent Calendar L.N. Public Hearings M.O. M. Business Items N.P. N. Public Comments – Non-Agendized Items – three minutes O.Q. O. City Manager Comments P.R. P. City Attorney Comments Q. Committee Reports Q.S. R. City TreasurerCouncil Comments/Reports on Meetings Attended S. City Council Comments R.T. T. Adjournment 63.2 Agenda: The order of business of each meeting shall be as contained in the Agenda prepared by the City Clerk. The Agenda shall list, by topic, the subjects to be considered by the Council, and shall be delivered to members of the City Council and posted on the City’s website at least seventy-two (72) hours preceding the meeting to which it pertains. 6.3 Presentation by Members of Council: The Agenda shall provide a time when the Mayor or any Councilmember may bring before the Council any business that he/she feels should be addressed by the Council. Other than under special circumstances as outlined in the Brown Act; all proposed matters must be submitted to the City Clerk by noon on the Wednesday preceding the Regular Council Meeting, for inclusion on the agenda under “City Council Matters”. 6.43.3 City Attorney to Approve: All Agenda Reports and attachments shall be reviewed and approved as to form by the City Attorney prior to publication of the Agenda. 3.4 Consent Calendar: Items of a routine are generally uncontested nature may be approved by the City Council in a single motion by adoption of the Consent CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Policy No. 1 the Rules & Procedures Page No. 8 of 18__ Calendar. The approval of the Consent Calendar shall signify the approval of each matter or recommendations included therein. Upon request of any Council Member, or upon a request of the member of the public may through the Mayor, an item may be removed from the Consent Calendar for separate discussion and/or action. Each item proposed for consideration as part of the Consent Calendar, including any recommended action, shall be described on the meeting agenda. 3.5 Reading of Minutes: Unless a reading of the minutes of a City Council meeting is requested by a member of the Council Member, such minutes may be approved without reading as a Consent Calendar Item. 3.6.5 Procedure for Public Hearing: Whenever a public hearing must be held pursuant to any provision of law, the City Council shall observe the following procedural requirements. A public hearing shall be opened by the Mayor. Once opened, the City staff shall first present their reports, comments and responses to Council inquiries on the subject of the public hearing. Next, public testimony on the matter shall be invited and heard. After the public hearing is closed, the City Council may discuss the matter but no new information may be introduced by the City staff or the public unless the public hearing is reopened. A public hearing upon which the Council has acted by majority vote may only be reopened upon the motion of a member of the City Council, and only if all persons who spoke during the hearing are still present. A. A public hearing shall be declared opened by the Mayor. B. Once opened, City staff shall first present their report, comments, and responses to City Council inquiries on the subject of the public hearing. C. Following Staff’s presentation, any applicant, appellant or their representatives shall have five minutes to present their case. D. Next, public testimony will be invited with a time limit of three minutes per speaker. Members of the public cannot grant all or any portion of their time to another speaker. Notwithstanding the foregoing, prior to declaring the public hearing open, the Mayor may establish a time limit for the entire public hearing, or establish time limits for the presentation of each individual speaker when necessary because of the number of possible speakers. E. All persons interested in the matter being heard by the City Council shall be entitled to submit written evidence or remarks, as well as other graphic CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Policy No. 1 the Rules & Procedures Page No. 9 of 18__ evidence. All such evidence presented shall be retained by the city clerk as part of the clerk’s record of the public hearing. F. Following public comments, the City Council may discuss the matter and may ask questions of the applicant/appellant or their representatives or of any public speaker. G. The Mayor may grant the applicant/appellant or their representatives an opportunity to respond or rebut any of testimony during the public hearing. H. Finally, the public hearing shall be closed by the Mayor. After the public hearing is closed, no new information may be introduced by Staff or the public unless the public hearing is reopened by the Mayor or a majority of the City Council present. A public hearing upon which the City Council has acted by majority vote may only be reopened upon the motion of a Council Member , and only if all persons who spoke during the hearing are still present. 3.7 Public Comments: If a member of the public addresses the City Council on a matter that is not on the agenda during public comment, the Brown Act does not allow Council Members to engage in discussions or deliberation of the matter. A Council Member may do the following: refer the matter to staff (or another source); ask for additional information or request a report back; or give a very limited factual response. If a Council Member so wishes, the Council Member may, during the Council Member Comments portion of the meeting, request that the matter be placed on the next agenda or respond briefly to the item. 3.8 Presentation by Members of Council: Council Members may make general comments, announcements or introduce any business that he/she feels should be addressed by the City Council during the “City Council Comments” portion of the meeting. Such matters not on the agenda may not be discussed or deliberated and shall be placed on a future Agenda for consideration by the City Council in accordance with the Brown Act. SECTION 74. ORDINANCES, RESOLUTIONS AND MOTIONS 74.1 Ordinances, and Resolutions and Motions: Ordinances and resolutions shall be presented to the Council only in printed or typewritten form.Single Subject Rule: No ordinanceOrdinance or Resolution shall relate to more than one subject, which shall be clearly stated in its title, except as permitted by law. CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Policy No. 1 the Rules & Procedures Page No. 10 of 18__ 7.2 City Attorney to Approve: All ordinances and resolutions shall be “Approved as to Legal Form” by the City Attorney. Such approval shall be so indicated by signature on the last page of the ordinance before presentation to Council. 7.3 Distribution of Ordinances: The City Clerk shall prepare copies of all proposed ordinances for distribution to all members of the Council at least twenty-four (24) hours before the Council meeting at which the ordinance is to be introduced. If the ordinance carries an emergency clause, copies of the ordinance shall be available at the meeting of the Council at which said ordinance is to be considered4.2. 7.4 Urgency Ordinances: Ordinances introduced at a Council meeting shall not be finally acted upon until at least the next official meeting, except emergency ordinances which may be acted on immediately, provided that an affirmative vote of at least four (4) members of the Council shall be required for the final passage of an emergency ordinance. 7.5 Reading by Title Only: Upon being introduced and prior to final passage, each proposed ordinance shall be read by title only, unless any member of Council Member requests a full reading of the ordinance. 7.6 Consideration of Ordinances: Except for urgency or appropriation ordinances, two readings are required to pass an ordinance: the first reading introduces the ordinance for adoption and the second reading adopts the ordinance. Not more than one such reading shall be on the same day, and at least five days shall elapse between introduction and final passage. Ordinances must be adopted by a majority of three members at a regular or adjourned regular meeting. After introduction and approval of an ordinance at first reading, the ordinance will be placed on the next Council agenda under Business Items. Anyone wishing to speak on the proposed ordinance must complete the “Request to Address Council” form available at the speaker’s podium in the City Council Chamber. At the next Council meeting, those persons who have submitted requests to the City Clerk prior to the meeting will be called upon to comment, prior to final adoption of the proposed ordinance. CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Policy No. 1 the Rules & Procedures Page No. 11 of 18__ 7.74.3 Recording of Votes: The ayes and noes A vote shall be taken upon the passage of on all ordinances and, resolutions and motions and the vote of each Council Member shall be entered upon the official records of the City Council. 7.8 [Reserved] 7.94.4 Majority vote requiredVote Required: Unless otherwise required by applicable law, an a resolution, motion, or other proposition may be adopted by the affirmative vote of a majority of the Council Members voting on the issue. An affirmative vote of at least a majority of the total members of the City Council shall be necessary to pass an ordinance or resolution to appropriate funds. A resolution, motion or other proposition may be adopted by the affirmative vote of a majority of the Council members voting on the issue. When a voice or roll-call vote is called, each Council- member Member shall respond, “yes (aye)”, “no”, or “abstain”,” or “pass”. Any CouncilmemberCouncil Member who responds “pass” shall be given an opportunity, at the end of the roll call, to register his or her vote toas “yes (aye)”, “no”, or “abstain”. Any “pass” response not so changed shall be recorded as an abstention. 7.104.5 Tie Vote: In the event of a tie in votes on any motion, the motion shall fail. In instances where not all Council Members are present, a majority vote cannot be obtained and there have been no abstentions on the item and no additional action is taken,, such matters shall automatically be added to the agenda for the next meeting of the City Council. 7.11 Ordinance Passage Procedure: When passed by the Council, an ordinance shall be signed by the Presiding Officer, attested by the City Clerk, and shall take effect in accordance with applicable law. Before the expiration of fifteen (15) days, after its passage, it shall be published once with the names and members voting for and against the same in the Press Enterprise newspaper, a newspaper of general circulation published in the County of Riverside. 7.12 Requests for Ordinances or Legal Opinions: Any member of the City Council may request the City Manager to have prepared proposed ordinances, with such ordinances to be placed on the agenda of the next scheduled council meeting, provided the ordinance can be drafted and distributed to members of the Council in accordance with time schedules set forth in Section 7.3 of these rules. Any member CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Policy No. 1 the Rules & Procedures Page No. 12 of 18__ of the City Council may request written legal opinions, relating to City business, from the City Manager. Upon receiving requests for a proposed ordinance or a written legal opinion, the City Manager shall forthwith request same from the City Attorney; and upon return receipt thereof, the City Manager shall forthwith cause to have distributed the subject ordinance or written legal opinion to all members of the Council so that all members of the Council may, for purposes of inquiry, request verbal opinion or advice of City legal matters directly from the City Attorney. SECTION 8. CREATION5. RULES OF COMMITTEES, BOARDS AND COMMISSIONSDECORUM – CITY COUNCIL MEMBERS 5.1 Professionalism: Members of the City Council shall conduct themselves in an orderly, professional and businesslike manner to ensure that the business of the City shall be attended to efficiently and thoroughly and to ensure that the integrity of the deliberative process of the City Council is maintained at all times. Members of the City Council shall maintain a polite, respectful and courteous manner when addressing one another, the City Staff, and members of the public during City Council meetings. 5.2 Right of Floor: Any Council Member desiring to speak shall be recognized by the Mayor, and shall confine his or her remarks to one subject under consideration or to be considered. When one Council Member is speaking, the other Council Members shall not interrupt, disrupt or disturb the speaker. During questions and deliberations, the Mayor may vary the speaking sequence of Council Members from item to item. 5.3 Public Criticism: Subject to compliance with the Rules of Decorum applicable to members of the public, the City Council may not prohibit public criticism of the policies, procedures, programs or services of the City or the actions or omissions of the City Council. SECTION 6. RULES OF DECORUM – CITY STAFF 6.1 Staff Communications During City Council Meeting: City Staff shall not engage in dialogue with members of the public during City Council meetings and shall limit conversations between themselves as much as possible. City Staff shall direct all comments and presentations to the City Council. When addressed by a City CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Policy No. 1 the Rules & Procedures Page No. 13 of 18__ Council Member, Staff shall respond in a polite, professional, and courteous manner. All requests to speak by members of the City Staff shall be made to the Mayor. 6.2 Role of the City Manager: The City Manager's duties during City Council meetings include keeping a record of concerns raised by the City Council regarding direction for future Staff action and facilitating the orderly presentation of Staff reports. 6.3 Role of the City Clerk: The City Clerk or his/her deputy shall keep minutes of the open meeting; shall call and record all votes; and shall read ordinance titles and agenda items as requested by the Mayor. SECTION 8.1 Citizen Committees, Boards and Commissions: The Council may create committees, boards and commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the Lake Elsinore Municipal Code or any other applicable law. 8.2 Membership and Selections: Membership and selection of members shall be made in accordance with all applicable laws and City Council Policy No. 200-5A, Commission Appointments, and Policy No. 200-5B, Ad Hoc Committee Appointments. 7. RULES OF DECORUM – MEMBERS OF THE PUBLIC 7.1 General Rules of Conduct During City Council Meetings: While the City 8.3 Compliance with Other Policies and Laws: Such committees, boards and commissions shall at all times comply with any applicable City Council Policies and all applicable local, state or federal law. SECTION 9. CITIZEN’S RIGHTS 9.1 Addressing the Council: Any person desiring to address the Council by oral communication shall submit a written request to the City Clerk prior to the meeting at which they wish to speak. Request forms shall be available in the City Clerk’s Office and the Council Meeting facility. No member of the audience will be called upon to address the Council on any subject during the time that the Council members are discussing the item. Following the discussion and prior to a vote, the CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Policy No. 1 the Rules & Procedures Page No. 14 of 18__ Mayor will recognize any member of the audience who wishes to speak on the subject, provided that person has submitted a written request form. 9.2 Manner of Addressing the Council – Time Limit: After being recognized by the Mayor, each person shall step up to the podium and state his or her name in an audible tone. Each person may be requested to state his or her address, but statement of such address shall not be required to permit any party to speak. Unless additional time is granted by the Mayor, speakers shall limit their remarks to three (3) minutes. All remarks shall be addressed to the Council as a body, and not to any member thereof. No person, other than members of the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council. No questions shall be asked of the Council members, except through the Presiding Officer. 9.3 Rules of Decorum – Enforcement: While the Council is in session, all persons shall preserve the order and decorum of the session. The standards of order and decorum shall be governed by common sense. No person shall block any doorway or other exists. All persons must conduct themselves in a manner consistent with good taste and generally accepted standards of appropriate behavior. Members of the public may not make any impertinent and slanderous remarks or engage in boisterous or disorderly conduct while addressing the City Council or while attending the City Council meeting in a manner that impedes the City Council to conduct an orderly meeting. A member of the public engaging in such disorderly or boisterous conduct may, after warning by the Mayor, at the discretion of the Mayor or a majority of the City Council be subject to ejection from that meeting. 7.2 Silencing Cell Phones and Other Devices: Members of the public should turn off or switch any electronic equipment to a silent mode while attending a City Council meeting. No talking on cell phones or other disruptive conduct in the City Council Chambers during a City Council meeting is permitted. 7.3 Placards and Signs: Placards, signs, and posters may be brought into the City Council Chambers unless such objects disturb, disrupt, impede or otherwise render the orderly conduct of the City Council meeting infeasible, or block the view of any other person in attendance, in which case such placard, sign, or poster shall, at the discretion of the Mayor or a majority of the City Council, be moved to a different location or removed from the City Council Chambers. CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Policy No. 1 the Rules & Procedures Page No. 15 of 18__ 7.4 Packages, bundles, backpacks and suitcases: Large or potentially dangerous objects shall not, without the prior authorization of the Seargent-at-Arms, be brought into the City Council Chambers and are subject to search to determine that they do not pose a threat. 7.5 Animals: Except as otherwise allowed by the City Council, no animals except for service animals shall be brought into the City Council Chambers. 7.6 Recordings: Photographs, audiotapes and videotapes may be taken from the rear of the City Council Chambers or from any seat within the City Council Chambers, so long as such activity does not disrupt and disturb the audience, public speakers and Council Members and interfere with the orderly conduct of the meeting. When a filming area has been designated by the City Council, filming shall occur in that area only. 7.7. Noise in the Lobby: Noise emanating from the lobby outside the City Council Chambers which is audible within the City Council Chambers shall not be permitted. The Sergeant-at-Arms is authorized to enforce this rule by requesting those in the lobby to remain silent or to leave the area. 7.8 Addressing the Council: Members of the public may address the City Council during the Public Comment(s) portion of the Agenda or prior to the consideration of any agenda item. Any person desiring to address the City Council by oral communication shall submit a “Request to Address the Council” form to the City Clerk prior to the meeting at which they wish to speak. Request forms shall be available in the City Clerk’s Office and the Council Chambers during the City Council meeting. The Mayor will recognize any member of the audience who wishes to speak. All speakers must approach and speak from the podium. 7.9 Manner of Addressing the Council – Time Limit: After being recognized by the Mayor, each person shall step up to the podium and state his or her name in an audible tone. Each person may be requested to state his or her city of residence, but statement of such address shall not be required to permit any party to speak. Unless additional time is granted by the Mayor, speakers shall limit their remarks to three (3) minutes, except during the one minute public comment portion of the meeting at which time speakers shall limit their remarks to one (1) minute. No person, other than members of the Council and the person having the floor, shall be CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Policy No. 1 the Rules & Procedures Page No. 16 of 18__ permitted to enter into any discussion, either directly or through the members of the Council. No person shall address the City Council without first being recognized by the Mayor. Each person addressing the City Council shall do so in an orderly manner and shall not engage in any conduct that disrupts, disturbs, or otherwise impedes the orderly conduct of the city Council meeting. 7.10 Individual Communications: Persons addressing the City Council shall not engage in dialogue with individual Council Members, City staff or with other members of the audience. When a question is addressed to a specific Council Member by a member of the public, that question must go through the Mayor. Any public requests for City staff comment shall be made to the Mayor, who may then direct such inquiries to the City Manager or City Attorney as appropriate. SECTION 8. ENFORCEMENT OF RULES 8.1 Enforcement: The Mayor and the Seargent-at-Arms are authorized to enforced these rules. The Seargent-at-Arms is the designated police officer in attendance at the City Council meeting. 8.2 Violations: Any person who does not comply with the above rules or who otherwise disrupts the orderly course of the City Council meeting is guilty of an infraction and may be called out of order by the Mayor and barred from further audience before that sessionmay be asked to leave the meeting. any person who willfully and intentionally impairs or impedes the conduct of the CouncilCity Council meeting by violating the rules of decorum established by this policy may be prosecuted under Penal Code section 403 for disturbing a public meeting. 9.4 Mayor may appoint Committee or refer 8.3 Mayor Discretion: The Mayor may first request that a person who is violating the rules set forth in this Policy to cease such conduct. If, after receiving a request from the Mayor, the person persists in violating these rules, the Mayor may order a recess or to resume order or may request the sergeant-at-arms to order the person ejected from the meeting and/or cited in violation of Penal Code Section 403. 8.4 Motion to Enforce: Any Council Member may call a point of order should the City Council fail to abide by the provisions of this Policy, whereupon the City Council shall immediately act upon the point of order by roll call vote. If the Mayor fails to CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Policy No. 1 the Rules & Procedures Page No. 17 of 18__ enforce the rules of decorum set forth herein, any member of the City Council may move to require the Mayor to do so, and an affirmative vote of a majority of the City Council shall require the Mayor to do so. 8.5 Clearing the Room: Pursuant to 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 the individuals who are willfully interrupting the meeting, by a majority vote of the Council Members the Council Chambers 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 Section 54957.9 8.6 Citizen’s Complaints: Upon receipt by the Mayor of one or more citizen complaints, the Mayor may (i) refer citizens’ complaints to the City Manager and/or appropriate Staff, (ii) appoint a committee of two (2) members of the City Council to hear such citizen’s complaints, or (ii) mayiii) refer citizens’ complaints to the City Attorney and, if justified under applicable provisions of the Brown Act, to a Closed Session of the City Council. 9.5 Written Communications: Interested parties, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City’s business or over which the Council has control at any time by direct mail or by addressing the City Clerk and copies will be distributed to the Council members. SECTION 109. SUSPENSION AND AMENDMENT OF THESE RULES; CONFLICT WITH LAW 109.1 Suspension of These Rules: Any provision of these rules not governed by state law or the Lake Elsinore Municipal Code may be temporarily suspended by a vote of a majority of the Council. The vote on any such suspension shall be taken by “ayes” and “noes” and entered upon the record. 109.2 Amendment of These Rules: These rules may be amended or new rules adopted by a majority vote of any members of the Council, provided that the proposed CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Policy No. 1 the Rules & Procedures Page No. 18 of 18__ amendments or new rules have been introduced into the record and properly agendized. Such votes may only be taken at regularly scheduled Council meetings. 109.3 Conflict with Law. In the event of a conflict between this Policy and the Lake Elsinore Municipal Code, the Brown Act, or any other applicable local, state, or federal law, the provisions of such law shall supersede the conflicting provisions of this Policy. HISTORY Adopted by Resolution No. 86-33 5/27/86 Amended by Minute Action 4/24/01 Amended by Resolution No. 2006-152 9/12/06 Amended by Minute Action 8/9/22 CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Effective Date: 5/27/86 Revised: 4/24/01 Revised: 9/12/06 Revised: 8/9/22 Page No. 1 of __ BACKGROUND The City is required to comply with the Ralph M. Brown Act (Government Code Sections 54950 et seq.) and other applicable laws in the conduct of City Council and other meetings. However, state law does not address all aspects of such meetings. Accordingly, Government Code Section 36813 provides the City Council legal authority to establish its own rules of decorum and procedures for meetings. PURPOSE The purpose of this Policy is to establish rules of decorum and procedure for City officials, Staff, and members of the public at all meetings of the City Council to ensure that the business of the City is attended to effectively and efficiently with opportunities for orderly public participation. POLICY SECTION 1. RULES OF PROCEDURE 1.1 Rules of Order: The rule of order and procedure set forth in the American Institute of Parliamentarians Standard Code of Parliamentary Procedure © 2012 (as amended from time to time) shall govern the proceedings of the City Council, except to the extent such rules conflict with this Policy or applicable law. 1.2 Common Sense: Proceedings of the City Council shall be governed by common sense and good taste. In the event of a dispute concerning procedural matters not specifically covered by this Policy or by any applicable law, the majority vote of the City Council shall prevail. 1.3 Efficiency: Rules adopted to expedite the transaction of business of the City Council in an orderly fashion are deemed to be procedural only, and the failure to strictly observe such rules shall not affect the jurisdiction of the City Council or invalidate any action taken at a meeting that is otherwise held in conformity with applicable law. CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Page No. 2 of __ SECTION 2. PRESIDING OFFICER 2.1 Presiding Officer: The Presiding Officer of the City Council shall be the Mayor or, when absent, the Mayor Pro Tem. The Presiding Officer shall be responsible for maintaining the order and decorum of meetings and shall take the chair at the time appointed for the meeting and shall immediately call the City Council to order. In the absence of the Mayor and Mayor Pro Tem, the City Clerk shall call the City Council to order, whereupon a temporary Presiding Officer shall be elected by the members of the Council present. Upon arrival of the Mayor or Mayor Pro Tem, the temporary Presiding Officer shall immediately relinquish the chair upon the conclusion of the agenda item before Council at that time. Wherever in this chapter the term “Mayor” is used, it shall apply equally to the Presiding Officer as defined in this section. 2.2 Duties and Authority: The Mayor shall have a vote but no veto powers, and may move, second, and debate from the chair. In the event of the taking of a roll call for the purpose of voting or otherwise, the Mayor’s name shall be c alled last. The Mayor shall (i) preserve strict order and decorum at all meetings of the City Council; (ii) maintain control of communication between Council Members and between the City Council and members of the public; (iii) state, or call upon Staff to state, every question before the City Council; (iv) call for the vote and announce the decision of the City Council on all subjects; (v) decide all questions of order, subject, however, to an appeal by the City Council or any Council Member, in which event a majority vote of the City Council shall govern and conclusively determine such question of order; (vi) sign all Ordinances, Resolutions, and other documents necessitating said officer’s signature which may have been adopted in the Mayor’s presence; and (vii) have and exercise such other powers and duties as are authorized by law. The Mayor shall not be deprived of any of the rights and privileges of a Council Member by reason of being Mayor or acting as the Presiding Officer. 2.3 Additional Authority: The Mayor shall have the power, authority, and discretion, without a vote of the City Council, to: A. Set time limits on Council discussion on any matter in order receive public testimony and timely and efficiently consider Agenda items. CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Page No. 3 of __ B. Set time limits on any communications from members of the public during a public hearing, business item or item pulled from the Consent Calendar in order to allow the City Council to receive testimony from all interested members of the public and timely and efficiently consider Agenda items. In no event shall any individual public communication exceed three (3) minutes nor shall any presentation or communication by an applicant or appellant (in the case of an appeal hearing) exceed five (5) minutes without the consent of the Mayor or a majority of the Council present. C. Public comments on non-agendized items will be permitted during the Public Comment portion of each City Council meeting for up to one- minute at the commencement of the meeting and up to three minutes at the end of the Council Meeting. The Mayor may set time limits less than three minutes at the end of the meeting to allow all interested members of the public to address the Council and in consideration of the lateness of the meeting. D. Declare the opening of public hearings. E. Rule any motion on a subject not on the agenda as being out of order, in which case the motion shall thereafter be void. F. Table any motion on any matter until the next regular, adjourned regular or special City Council Meeting. G. Rule any speaker out of order, terminate any communication with the City Council from a member of the public, and/or declare a recess in order to establish order to any meetings. 2.4 Questions to be Stated: The Mayor shall state all questions submitted for a vote and announce the result. SECTION 3. ORDER OF BUSINESS AND AGENDA 3.1 Order of Business: Generally, the order of business at regularly scheduled meetings of the City Council shall be as follows, unless otherwise re-ordered by the Mayor with the consensus of the City Council: A. Closed Session (5:00 p.m. or such other time as indicated on the agenda) B. Call to Order C. Roll Call D. Recess into Closed Session E. Reconvene/Call to Order Public Session (7:00 p.m.) CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Page No. 4 of __ F. Pledge of Allegiance G. Invocation/Moment of Silent Reflection H. Roll Call I. Closed Session Report J. Presentations/Ceremonials K. Public Comments – Non-Agendized Items – one minute L. City Council Consent Calendar M. Successor Agency Consent Calendar N. Public Hearings O. Business Items P. Public Comments – Non-Agendized Items – three minutes Q. City Manager Comments R. City Attorney Comments S. City Council Comments/Reports on Meetings Attended T. Adjournment 3.2 Agenda: The order of business of each meeting shall be as contained in the Agenda prepared by the City Clerk. The Agenda shall list, by topic, the subjects to be considered by the Council and shall be delivered to members of the City Council and posted on the City’s website at least seventy-two (72) hours preceding the meeting to which it pertains. 3.3 City Attorney to Approve: All Agenda Reports and attachments shall be reviewed and approved as to form by the City Attorney prior to publication of the Agenda. 3.4 Consent Calendar: Items of a routine are generally uncontested nature may be approved by the City Council in a single motion by adoption of the Consent Calendar. The approval of the Consent Calendar shall signify the approval of each matter or recommendations included therein. Upon request of any Council Member, or upon a request of the member of the public may through the Mayor, an item may be removed from the Consent Calendar for separate discussion and/or action. Each item proposed for consideration as part of the Consent Calendar, including any recommended action, shall be described on the meeting agenda. CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Page No. 5 of __ 3.5 Reading of Minutes: Unless a reading of the minutes of a City Council meeting is requested by a Council Member, such minutes may be approved without reading as a Consent Calendar Item. 3.6 Procedure for Public Hearing: Whenever a public hearing must be held pursuant to any provision of law, the City Council shall observe the following procedural requirements. A. A public hearing shall be declared opened by the Mayor. B. Once opened, City staff shall first present their report, comments, and responses to City Council inquiries on the subject of the public hearing. C. Following Staff’s presentation, any applicant, appellant or their representatives shall have five minutes to present their case. D. Next, public testimony will be invited with a time limit of three minutes per speaker. Members of the public cannot grant all or any portion of their time to another speaker. Notwithstanding the foregoing, prior to declaring the public hearing open, the Mayor may establish a time limit for the entire public hearing, or establish time limits for the presentation of each individual speaker when necessary because of the number of possible speakers. E. All persons interested in the matter being heard by the City Council shall be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented shall be retained by the city clerk as part of the clerk’s record of the public hearing. F. Following public comments, the City Council may discuss the matter and may ask questions of the applicant/appellant or their representatives or of any public speaker. G. The Mayor may grant the applicant/appellant or their representatives an opportunity to respond or rebut any of testimony during the public hearing. H. Finally, the public hearing shall be closed by the Mayor. After the public hearing is closed, no new information may be introduced by Staff or the public unless the public hearing is reopened by the Mayor or a majority of the City Council present. A public hearing upon which the City Council has acted by majority vote may only be reopened upon the motion of a Council Member , and only if all persons who spoke during the hearing are still present. 3.7 Public Comments: If a member of the public addresses the City Council on a matter that is not on the agenda during public comment, the Brown Act does not allow Council Members to engage in discussions or deliberation of the matter. A CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Page No. 6 of __ Council Member may do the following: refer the matter to staff (or another source); ask for additional information or request a report back; or give a very limited factual response. If a Council Member so wishes, the Council Member may, during the Council Member Comments portion of the meeting, request that the matter be placed on the next agenda or respond briefly to the item. 3.8 Presentation by Members of Council: Council Members may make general comments, announcements or introduce any business that he/she feels should be addressed by the City Council during the “City Council Comments” portion of the meeting. Such matters not on the agenda may not be discussed or deliberated and shall be placed on a future Agenda for consideration by the City Council in accordance with the Brown Act. SECTION 4. ORDINANCES, RESOLUTIONS AND MOTIONS 4.1 Ordinances and Resolutions Single Subject Rule: No Ordinance or Resolution shall relate to more than one subject, which shall be clearly stated in its title, except as permitted by law. 4.2 Reading by Title Only: Upon being introduced and prior to final passage, each proposed ordinance shall be read by title only, unless any Council Member requests a full reading of the ordinance. 4.3 Recording of Votes: A vote shall be taken on all ordinances, resolutions and motions and the vote of each Council Member shall be entered upon the official records of the City Council. 4.4 Majority Vote Required: Unless otherwise required by applicable law, a resolution, motion, or other proposition may be adopted by the affirmative vote of a majority of the Council Members voting on the issue. An affirmative vote of at least a majority of the total members of the City Council shall be necessary to pass an ordinance or resolution to appropriate funds. When a voice or roll-call vote is called, each Council Member shall respond, “yes (aye)”, “no”, or “abstain” or “pass”. Any Council Member who responds “pass” shall be given an opportunity, at the end of the roll call, to register his or her vote as “yes (aye)”, “no”, or “abstain”. Any “pass” response not so changed shall be recorded as an abstention. CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Page No. 7 of __ 4.5 Tie Vote: In the event of a tie in votes on any motion, the motion shall fail. In instances where not all Council Members are present, a majority vote cannot be obtained and there have been no abstentions on the item, such matters shall automatically be added to the agenda for the next meeting of the City Council. SECTION 5. RULES OF DECORUM – CITY COUNCIL MEMBERS 5.1 Professionalism: Members of the City Council shall conduct themselves in an orderly, professional and businesslike manner to ensure that the business of the City shall be attended to efficiently and thoroughly and to ensure that the integrity of the deliberative process of the City Council is maintained at all times. Members of the City Council shall maintain a polite, respectful and courteous manner when addressing one another, the City Staff, and members of the public during City Council meetings. 5.2 Right of Floor: Any Council Member desiring to speak shall be recognized by the Mayor, and shall confine his or her remarks to one subject under consideration or to be considered. When one Council Member is speaking, the other Council Members shall not interrupt, disrupt or disturb the speaker. During questions and deliberations, the Mayor may vary the speaking sequence of Council Members from item to item. 5.3 Public Criticism: Subject to compliance with the Rules of Decorum applicable to members of the public, the City Council may not prohibit public criticism of the policies, procedures, programs or services of the City or the actions or omissions of the City Council. SECTION 6. RULES OF DECORUM – CITY STAFF 6.1 Staff Communications During City Council Meeting: City Staff shall not engage in dialogue with members of the public during City Coun cil meetings and shall limit conversations between themselves as much as possible. City Staff shall direct all comments and presentations to the City Council. When addressed by a City Council Member, Staff shall respond in a polite, professional, and courteous manner. All requests to speak by members of the City Staff shall be made to the Mayor. CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Page No. 8 of __ 6.2 Role of the City Manager: The City Manager's duties during City Council meetings include keeping a record of concerns raised by the City Council regarding direction for future Staff action and facilitating the orderly presentation of Staff reports. 6.3 Role of the City Clerk: The City Clerk or his/her deputy shall keep minutes of the open meeting; shall call and record all votes; and shall read ordinance titles and agenda items as requested by the Mayor. SECTION 7. RULES OF DECORUM – MEMBERS OF THE PUBLIC 7.1 General Rules of Conduct During City Council Meetings: While the City Council is in session, all persons shall preserve the order and decorum of the session. The standards of order and decorum shall be governed by common sense. No person shall block any doorway or other exists. All persons must conduct themselves in a manner consistent with good taste and generally accepted standards of appropriate behavior. Members of the public may not make any impertinent and slanderous remarks or engage in boisterous or disorderly conduct while addressing the City Council or while attending the City Council meeting in a manner that impedes the City Council to conduct an orderly meeting. A member of the public engaging in such disorderly or boisterous conduct may, after warning by the Mayor, at the discretion of the Mayor or a majority of the City Council be subject to ejection from that meeting. 7.2 Silencing Cell Phones and Other Devices: Members of the public should turn off or switch any electronic equipment to a silent mode while attending a City Council meeting. No talking on cell phones or other disruptive conduct in the City Council Chambers during a City Council meeting is permitted. 7.3 Placards and Signs: Placards, signs, and posters may be brought into the City Council Chambers unless such objects disturb, disrupt, impede or otherwise render the orderly conduct of the City Council meeting infeasible, or block the view of any other person in attendance, in which case such placard, sign, or poster shall, at the discretion of the Mayor or a majority of the City Council, be moved to a different location or removed from the City Council Chambers. 7.4 Packages, bundles, backpacks and suitcases: Large or potentially dangerous objects shall not, without the prior authorization of the Seargent-at-Arms, be CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Page No. 9 of __ brought into the City Council Chambers and are subject to search to determine that they do not pose a threat. 7.5 Animals: Except as otherwise allowed by the City Council, no animals except for service animals shall be brought into the City Council Chambers. 7.6 Recordings: Photographs, audiotapes and videotapes may be taken from the rear of the City Council Chambers or from any seat within the City Council Chambers, so long as such activity does not disrupt and disturb the audience, public speakers and Council Members and interfere with the orderly conduct of the meeting. When a filming area has been designated by the City Council, filming shall occur in that area only. 7.7. Noise in the Lobby: Noise emanating from the lobby outside the City Council Chambers which is audible within the City Council Chambers shall not be permitted. The Sergeant-at-Arms is authorized to enforce this rule by requesting those in the lobby to remain silent or to leave the area. 7.8 Addressing the Council: Members of the public may address the City Council during the Public Comment(s) portion of the Agenda or prior to the consideration of any agenda item. Any person desiring to address the City Council by oral communication shall submit a “Request to Address the Council” form to the City Clerk prior to the meeting at which they wish to speak. Request forms shall be available in the City Clerk’s Office and the Council Chambers during the City Council meeting. The Mayor will recognize any member of the audience who wishes to speak. All speakers must approach and speak from the podium. 7.9 Manner of Addressing the Council – Time Limit: After being recognized by the Mayor, each person shall step up to the podium and state his or her name in an audible tone. Each person may be requested to state his or her city of residence, but statement of such address shall not be required to permit any party to speak. Unless additional time is granted by the Mayor, speakers shall limit their remarks to three (3) minutes, except during the one minute public comment portion of the meeting at which time speakers shall limit their remarks to one (1) minute. No person, other than members of the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council. No person shall address the City Council without first being recognized by the Mayor. Each person addressing the City Council shall do so in CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Page No. 10 of __ an orderly manner and shall not engage in any conduct that disrupts, disturbs, or otherwise impedes the orderly conduct of the city Council meeting. 7.10 Individual Communications: Persons addressing the City Council shall not engage in dialogue with individual Council Members, City staff or with other members of the audience. When a question is addressed to a specific Council Member by a member of the public, that question must go through the Mayor. Any public requests for City staff comment shall be made to the Mayor, who may then direct such inquiries to the City Manager or City Attorney as appropriate. SECTION 8. ENFORCEMENT OF RULES 8.1 Enforcement: The Mayor and the Seargent-at-Arms are authorized to enforced these rules. The Seargent-at-Arms is the designated police officer in attendance at the City Council meeting. 8.2 Violations: Any person who does not comply with the above rules or who otherwise disrupts the orderly course of the City Council meeting is guilty of an infraction and may be called out of order by the Mayor and may be asked to leave the meeting. any person who willfully and intentionally impairs or impedes the conduct of the City Council meeting by violating the rules of decorum established by this policy may be prosecuted under Penal Code section 403 for disturbing a public meeting. 8.3 Mayor Discretion: The Mayor may first request that a person who is violating the rules set forth in this Policy to cease such conduct. If, after receiving a request from the Mayor, the person persists in violating these rules, the Mayor may order a recess or to resume order or may request the sergeant-at-arms to order the person ejected from the meeting and/or cited in violation of Penal Code Section 403. 8.4 Motion to Enforce: Any Council Member may call a point of order should the City Council fail to abide by the provisions of this Policy, whereupon the City Council shall immediately act upon the point of order by roll call vote. If the Mayor fails to enforce the rules of decorum set forth herein, any member of the City Council may move to require the Mayor to do so, and an affirmative vote of a majority of the City Council shall require the Mayor to do so. CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Page No. 11 of __ 8.5 Clearing the Room: Pursuant to 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 the individuals who are willfully interrupting the meeting, by a majority vote of the Council Members the Council Chambers 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 Section 54957.9 8.6 Citizen’s Complaints: Upon receipt by the Mayor of one or more citizen complaints, the Mayor may (i) refer citizens’ complaints to the City Manager and/or appropriate Staff, (ii) appoint a committee of two (2) members of the City Council to hear such citizen’s complaints, or (iii) refer citizens’ complaints to the City Attorney and, if justified under applicable provisions of the Brown Act, to a Closed Session of the City Council. SECTION 9. SUSPENSION AND AMENDMENT OF THESE RULES ; CONFLICT WITH LAW 9.1 Suspension of These Rules: Any provision of these rules not governed by state law or the Lake Elsinore Municipal Code may be temporarily suspended by a vote of a majority of the Council. The vote on any such suspension shall be taken by “ayes” and “noes” and entered upon the record. 9.2 Amendment of These Rules: These rules may be amended or new rules adopted by a majority vote of any members of the Council, provided that the proposed amendments or new rules have been introduced into the record and properly agendized. Such votes may only be taken at regularly scheduled Council meetings. 9.3 Conflict with Law. In the event of a conflict between this Policy and the Lake Elsinore Municipal Code, the Brown Act, or any other applicable local, state, or federal law, the provisions of such law shall supersede the conflicting provisions of this Policy. HISTORY CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Rules of Procedure & Decorum for Policy No. 200-1 the Conduct of City Council Meetings Page No. 12 of __ Adopted by Resolution No. 86-33 5/27/86 Amended by Minute Action 4/24/01 Amended by Resolution No. 2006-152 9/12/06 Amended by Minute Action 8/9/22