CC Resolution 2021-034 Rules of Procedure 2021 B-CRESOLUTION NO. 2021 - 034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, ADOPTING RULES OF
PROCEDURE FOR PUBLIC MEETINGS AND RELATED
FUNCTIONS AND ACTIVITIES OF CITY BOARDS,
COMMISSIONS, AND COMMITTEES (EXCLUDING
CITY COUNCIL)
WHEREAS, State Government Code Section 54954(a) [Brown Act]
authorizes the City Council to adopt rules of procedure to govern the conduct of
its meetings and other City board, commission, and committee meetings, and
functions and activities pertaining thereto; and
WHEREAS, Section 2.06.050, subsection D, of the La Quinta Municipal
Code states that City boards, commissions, and committees shall follow such
rules and regulations for public meetings to conduct its business as established
by the City Council; and
WHEREAS, due to changes in law, policy and/or practice, the City’s
current “Rules of Procedure” are examined and updated periodically; and
WHEREAS, this resolution shall supersede Council Resolution No. 2015-
023, adopted on June 2, 2015, establishing the Rules of Procedure for public
meetings, as that resolution applied to City boards, commissions, and
committees only; and
WHEREAS, the Rules of Procedure for public meetings as established by
City Council Resolution No. 2015-023 shall remain in full force and effect for City
Council meetings and related functions and activities unless and until amended
or superseded by City Council resolution in the future.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
SECTION 1. The Rules of Procedure for public meetings and related
functions and activities for City boards, commissions, and committees, attached
hereto as Exhibit A and incorporated herein by reference, are hereby adopted.
SECTION 2. This Resolution supersedes City Council Resolution No. 2015-
023, adopted on June 2, 2015, as that resolution applied to City boards,
commissions, and committees.
SECTION 3. City Council Resolution No. 2015-023 establishing Rules of
Procedure for public meetings remains in full force and effect for City Council
Resolution No. 2021-034
Rules of Procedure for Public Meetings for Boards, Commissions, and Committees of the City of La Quinta
Adopted: September 21, 2021
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EXHIBIT A
RULES OF PROCEDURE FOR PUBLIC MEETINGS
OF CITY BOARDS, COMMISSIONS, AND COMMITTEES
AND RELATED FUNCTIONS AND ACTIVITIES
PURPOSE
The purpose and intent of the City Council in adopting the within rules shall be
to provide directory guidelines relating to the conduct of the public business by
or on behalf of City boards, commissions, and committees as defined by La
Quinta Municipal Code (LQMC) Section 2.06.010, and in the event of any
noncompliance with or violation of any provision herein, such will not be deemed
to affect the validity of any action taken, unless otherwise specifically provided
by law.
The rules of procedure set herein shall be in addition to the provisions of the
Ralph M. Brown Act (Brown Act) [Government Code Section 54950 et seq.] and
all other applicable state law and LQMC provisions. In the event of a conflict
between the rules set forth by the City Council in this Resolution and state law,
the provisions in state law shall prevail.
APPLICABILITY
Boards, commissions, and committees of the City of La Quinta.
ADVISORY ROLES AND DECISION-MAKING AUTHORITY
The City Council is the governing body with ultimate decision-making authority
for the City, and in furtherance of that authority has legislative, quasi-executive,
and quasi-adjudicatory powers and functions as may be prescribed or authorized
by law.
Except when the City Council or state law expressly delegates to the Planning
Commission decision-making authority on behalf of the City for local planning
and land use matters governed by the state Planning and Zoning Law
[Government Code Section 65000 et seq.], the Planning Commission, and all
other City boards, commissions, and committees are advisory to the City
Council.
The qualifications, skills, experiences, and knowledge of the community
members who serve on City boards, commissions, and committees are unique
Resolution No. 2021-034
Rules of Procedure for Public Meetings for Boards, Commissions, and Committees of the City of La Quinta
Adopted: September 21, 2021
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and diverse, and their recommendations to the City Council help guide the City
towards achieving its established priorities, objectives, and mission, as defined
by the City Council and the community at large.
1. MEETINGS
1.1 REGULAR MEETINGS:
Boards, commissions, and committees of the City of La Quinta shall hold regular
meetings at La Quinta City Hall bi-monthly, monthly, quarterly, or as needed on
the date(s) and times selected by the City Council or, if authorized by the City
Council, by the respective board, commission, or committee.
The following schedule of City boards, commissions, and committees is in effect
as of the date of adoption of this Resolution:
Community Services Commission – meets quarterly, on the 2nd Monday,
in the months of March, June, September, and December, at 4:00 p.m.;
Construction Board of Appeals – meets on “as needed” basis;
Financial Advisory Commission – meets quarterly, generally on a
Wednesday, in the months of February, May, August, and November at
4:00 p.m.;
Housing Commission – meets quarterly, on the 2nd Wednesday, in the
months of March, June, September, and December, at 4:00 p.m.;
Planning Commission – meets twice per month, on the 2nd and 4th Tuesday,
of every month, at 5:00 p.m.
The Planning Commission may meet in closed session in accordance with
the Brown Act when directed and deemed necessary by the City Attorney;
a closed session for a regular meeting of the Planning Commission may be
scheduled to commence no more than one (1) hour prior to the
commencement of the open session of the regular meeting, or any time
before adjournment, as an item on a duly noticed agenda for the regular
meeting.
The Public Hearing portion of the meeting shall be the time set forth in the
published public hearing notice, or if none is required, the time set forth
in the posted agenda.
When the day of a regular meeting of City boards, commissions, or committees
falls on a legal holiday, no meeting shall be held on that day; rather, such
Resolution No. 2021-034
Rules of Procedure for Public Meetings for Boards, Commissions, and Committees of the City of La Quinta
Adopted: September 21, 2021
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meeting shall be held at the same time on the next business day unless
otherwise determined by the board, commission, or committee.
1.2 ADJOURNED MEETINGS:
Any meeting may be adjourned to a time, place, and date certain, but not beyond
the next regular meeting. Once adjourned, the meeting my not be reconvened.
1.3 SPECIAL MEETINGS:
Special Meetings may be called by the City Manager, City Attorney, or
Department Director on no less than 24-hour notice in accordance with the
Brown Act. Only matters contained in the notice may be considered. Notice of
special meetings shall be posted in accordance with Section 1.4 below.
1.4 NOTICE OF MEETINGS, POSTING OF AGENDAS:
The board, commission, or committee Secretary (Secretary), or designee, shall
post a meeting agenda in the following locations at least 72 hours before each
regular meeting:
(1) The public bulletin board located outside the Village Post Office at 51321
Avenida Bermudas;
(2) The public bulletin board located outside the Stater Bros. Supermarket
at 78630 Highway 111;
(3) The public bulletin board located outside La Quinta City Hall at 78495
Calle Tampico; and
(4) The City’s internet web site.
The City Council finds and determines that all locations are freely accessible to
the public and the Council further finds and determines that the City is legally
required to post an agenda in only one freely accessible location and on the
City’s web site pursuant to the Brown Act [Government Code Section
54954.2(a)(1)]. This direction to post in all locations is directory only and not
mandatory. Other locations may be added as deemed appropriate. Following
posting of said agenda, the Secretary or designee, shall sign a declaration of the
date and place of the posting of the said agenda and shall retain said declaration
of posting as a public record as part of the meeting record to which the posting
relates. The provisions of this section as to place of posting and declaration of
posting shall also apply to special meeting posting requirements pursuant to the
Brown Act [Government Code Section 54956]. To the extent not required by
State law, the provision hereof are directory only.
Resolution No. 2021-034
Rules of Procedure for Public Meetings for Boards, Commissions, and Committees of the City of La Quinta
Adopted: September 21, 2021
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1.5 QUORUM:
Unless otherwise provided for in the LQMC, a majority of the members of boards,
commissions, or committees shall be sufficient to do business and motions may
be passed 2-1 if only three (3) members attend of a five (5)-member body, or
3-1 if only four (4) members attend of a seven (7)-member body.
The following matters, however, require three affirmative votes:
(a) Adoption of resolutions;
(b) Orders for payment of money; and
(c) Adoption or amendment of a specific or general plan.
If a majority of the board’s, commission’s, or committee’s membership shall be
disqualified to vote on a matter by reason of actual or apparent conflict of
interest, the board, commission, or committee shall select by lot or other means
of random selection, or by such other impartial and equitable means as shall be
determined, that number of its disqualified members which, when added to the
members eligible to vote, shall constitute a quorum.
1.6 MEETINGS TO BE PUBLIC:
Study Sessions and all regular, adjourned, or special meetings of boards,
commissions, or committees shall be open to the public.
The Planning Commission may hold closed session discussions, when directed
and deemed necessary by the City Attorney, from which the public may be
excluded. Closed sessions shall only be held in accordance with the provisions
of the Brown Act.
1.7 MEETING ATTENDANCE VIA TELECONFERENCE WHEN NO STATE OF
EMERGENCY HAS BEEN PROCLAIMED BY THE GOVERNOR AND/OR
SOCIAL DISTANCING IS IN EFFECT:
(1) The use of teleconferencing for a board, commission, or committee
member to attend a public meeting is permitted subject to compliance with the
provisions of the Brown Act [Government Code Section 54953].
(2) All provisions of the Brown Act shall apply to the teleconferenced meeting
location including agenda posting, public accessibility, ADA compliance,
opportunity for the public to address the board, commission, or committee
directly, and availability of agendas.
(3) All votes taken during a teleconferenced meeting shall be by roll call.
Resolution No. 2021-034
Rules of Procedure for Public Meetings for Boards, Commissions, and Committees of the City of La Quinta
Adopted: September 21, 2021
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(4) To ensure that the Secretary may comply with the Brown Act, one week
advance written notice to the Secretary must be given by the member who
wishes to attend via teleconference; the notice must include the location name
and address, which must specifically include the room/suite number, at which
the teleconferenced meeting will occur, who is to initiate the telephone call to
establish the teleconference connection, and the telephone number of the
teleconference location (the telephone number will not be made public). If the
teleconference shall be conducted via video/audio teleconference, the City will
provide and publish a teleconference link that the member must connect to in
order to attend the meeting.
(5) The member attending by teleconference shall:
(a) Provide the Secretary with a photograph showing the agenda posted
at the teleconference location, or a written statement that the
agenda has been posted, which the Secretary shall retain with the
original agenda packet materials; and
(b) Identify himself/herself/themselves and acknowledge whether or not
members of the public are in attendance at the teleconference
location.
(6) Only one member per meeting may attend by teleconference.
(7) Each member may attend a regular meeting via teleconference a
maximum of two times per calendar year.
(8) Upon receipt of notification of intent to attend via teleconference from one
member, the Secretary shall forward the notice to all board, commission, or
committee members.
1.8 MEETING ATTENDANCE AND PUBLIC PARTICIPATION VIA
TELECONFERENCE WHEN A STATE OF EMERGENCY HAS BEEN
PROCLAIMED BY THE GOVERNOR AND/OR SOCIAL DISTANCING IS
IN EFFECT:
(1) During a period when the Governor of California has proclaimed a “state
of emergency” or state or local officials have imposed or recommended
measures to promote social distancing, and the City Council by majority
vote has made the findings in support of modified teleconferencing
procedures pursuant to Government Code Section 54953(e)(3) (or
successor provision), then Section 1.7 of these Rules of Procedure shall
not apply, and the criteria set forth in Government Code Section 54953(e)
(or successor provision) shall apply to the board, commission, or
committee meetings.
Resolution No. 2021-034
Rules of Procedure for Public Meetings for Boards, Commissions, and Committees of the City of La Quinta
Adopted: September 21, 2021
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2. AGENDA
2.1 ORDER OF BUSINESS:
Except as otherwise provided by law, no action or discussion shall be undertaken
on any item not appearing on the posted agenda, except that members of
boards, commissions, or committees or staff may, on their own initiative or in
response to public comments, briefly respond to statements made or questions
posed during the public comment period, ask questions for clarification, make a
brief announcement, make a brief report on his/her/their own activities, provide
a reference to staff, request staff to report back to the board, commission, or
committee at subsequent meeting, or request staff to consider placing a matter
on a future agenda pursuant to Section 2.9 below, if the matter is within the
jurisdictional scope and purview of the board, commission, or committee.
The order of business of each meeting shall be as contained in the Agenda
prepared by the Secretary and shall contain the following category headings:
Call to Order
Roll Call
*Public Comment on Matters Not on the Agenda (place before Closed Session)
Closed Session (may be taken up before, after, or during breaks in the open portion of
the meeting)
*Pledge of Allegiance
*Public Comment on Matters Not on the Agenda
Confirmation of Agenda
*Announcements, Presentations, and Written Communications
Consent Calendar (will include Minutes)
Business Session
*Study Session
Public Hearing
*Public Comment (only needed if there is a Public Hearing item on the agenda)
*Departmental Reports
*Staff Items
*Reports and Informational Items
*Chair and Members’ Items
*Presentations (only needed if there is a late presentation item)
Adjournment
*These portions of the agenda shall be used for discussion and
recommendation(s) to staff; no formal actions are to be taken.
Resolution No. 2021-034
Rules of Procedure for Public Meetings for Boards, Commissions, and Committees of the City of La Quinta
Adopted: September 21, 2021
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2.2 DELIVERY OF AGENDA:
Barring insurmountable difficulties, the agenda packet shall be disseminated
electronically via email to members of boards, commissions, or committees the
Thursday or Friday preceding the following week’s meeting to which it pertains.
The agenda packet shall also be available to the public at the same time as it is
available to board, commission, and committee members.
2.3 ROLL CALL:
Before proceeding with the business of the board, commission, or committee,
the Secretary shall call roll of the members of the board, commission, or
committee, and the names of those present shall be entered in the minutes. The
order of roll call shall be alphabetical with the Chairperson called last.
2.4 APPROVAL OF MINUTES:
Action minutes shall be prepared after every meeting. Minutes may be approved
as a Consent Calendar item without public reading if the Secretary has previously
furnished each member with a copy thereof.
All members shall cast a vote, including members who were not present at the
meeting for which meeting minutes are under consideration, pursuant to
Sections 7.1 and 7.2 below.
2.5 PUBLIC HEARINGS:
Generally, public hearings shall be conducted in the following order:
Staff presentation of the staff report and related materials
Questions of Staff by Members
Public hearing opened by Presiding Officer
Public testimony
Public hearing closed by Presiding Officer
Questions by Members
Discussion by Members
Action by Members
Questions or comments from the public shall be limited to the subject under
consideration. Depending upon the extent of the agenda, and the number of
persons desiring to speak on an issue, the Presiding Officer may, at the
beginning of the hearing, limit testimony, but in no event to less than three (3)
Resolution No. 2021-034
Rules of Procedure for Public Meetings for Boards, Commissions, and Committees of the City of La Quinta
Adopted: September 21, 2021
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minutes per individual. Any person may speak for a longer period of time, upon
approval of the board, commission, or committee, when this is deemed
necessary in such cases as when a person is speaking as a representative of a
group or has graphic or slide presentations requiring more time. Quasi-judicial
hearings shall be conducted in accordance with the principles of due process,
and the City Attorney shall advise the board, commission, or committee in this
regard.
2.6 PUBLIC COMMENT:
Pursuant to the Brown Act [Government Code Section 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 board, commission, or committee on items of
interest to the public that are within the subject matter jurisdiction of the board,
commission, or committee. In order to assure that the intent of Government
Code Section 54954.3 is carried out, three (3) minutes is the amount of time
allocated for each individual speaker. At any time, before or after the oral
communication is commenced, the Presiding Officer may, if deemed preferable,
direct that the communication be made instead either to the Department
Director or other appropriate staff member during regular business hours, or in
writing for subsequent submittal to members.
On items of public comment or discussion, any matter raised by the public which
does not specifically appear on the agenda may be added to a future agenda in
accordance with Section 2.9. It is hereby determined that such requests of
direction by a member shall not be considered action taken by the board,
commission, or committee on said item raised by the public. Further, discussion
by the board, commission, or committee of the matter shall not be considered
action taken.
2.7 CONSENT AGENDA:
Items of routine and non-controversial nature, shall be placed on the consent
calendar. All items may be approved by one blanket motion upon unanimous
consent. Any member may request that any item be withdrawn from the consent
calendar for separate consideration.
2.8 CHAIRPERSON AND MEMBERS’ ITEMS:
The Chairperson or any Member may provide a brief report on items of interest
to the board, commission, or committee relating to and within the subject matter
jurisdiction of the board, commission, or committee.
Resolution No. 2021-034
Rules of Procedure for Public Meetings for Boards, Commissions, and Committees of the City of La Quinta
Adopted: September 21, 2021
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2.9 REQUESTING THE ADDITION OF ITEMS TO A FUTURE AGENDA:
Consideration by staff to place an item on a future agenda may be made if the
following criteria are met:
(1) Items for discussion only, no action, no staff report – the subject matter
of the item must be within the board’s, commission’s, or committee’s
jurisdictional scope and purview.
If the above condition is met, any member may request that a matter
requiring significant discussion be placed on a future agenda under the
Chairperson and Members’ Items section of the agenda, either during
a public meeting or by contacting the staff liaison. The requesting
member has the option to prepare a short report to be included in the
agenda packet provided the agenda production deadlines are met.
(2) Items for discussion and/or vote, requiring a staff report – the subject
matter of the item must be within the board’s, commission’s, or
committee’s jurisdictional scope and purview.
If the above condition is met, any member who wishes to place a matter
on a future agenda that requires staff research, analysis, and/or
report(s), or a vote to commit City resources shall first bring the matter
to the City Manager by submitting a written request to the staff liaison.
(3) Items for discussion only, that are not within the board’s, commission’s,
or committee’s subject matter jurisdiction, or otherwise not within its
scope or purview, shall not be agendized. Members may provide a brief
summary or update on such items under the “Chairperson and
Members’ Items” section of the agenda.
Members who wish to obtain additional information on any matter
within the City may submit a request for public records in writing with
the staff liaison and the City Clerk.
3. PRESIDING OFFICER
3.1 APPOINTMENT OF CHAIRPERSON AND VICE-CHAIRPERSON
In accordance with LQMC Section 2.06.050, subsection E, annually, each board,
commission, or committee shall appoint one of its members to serve as
Chairperson and Vice-Chairperson for a period of one year (July 1 through June
30). The appointment shall be made during the first meeting of the board,
commission, or committee, held after June 30th of each year.
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Rules of Procedure for Public Meetings for Boards, Commissions, and Committees of the City of La Quinta
Adopted: September 21, 2021
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Pursuant to LQMC Section 2.06.050, subsection G, vacancies in either the
Chairperson or Vice-Chairperson positions occurring prior to July 1st may be filled
as in the first instance, and a new Chairperson or Vice-Chairperson may be
appointed at any time by majority vote of all members of the board, commission,
or committee.
3.2 PRESIDING OFFICER:
The Chairperson shall be the Presiding Officer at all meetings of the board,
commission, or committee. In the absence of the Chairperson, the Vice-
Chairperson shall preside. In the absence of both, the Chairperson and the Vice-
Chairperson, the senior member shall preside. If there are two (2) members
with equal seniority, staff shall select by lot or other means of random selection,
or by such other impartial and equitable means as shall be determined, the
member that shall preside.
3.3 CALL TO ORDER:
The meeting of boards, commissions, and committees shall be called to order by
the Presiding Officer.
3.4 PARTICIPATION OF PRESIDING OFFICER
The Presiding Officer may move, second, and debate on any agenda item,
subject only to such limitations of debate as are imposed on all members. The
Presiding Officer shall not be deprived of any of the rights and privileges of a
member by reason of acting as Presiding Officer. However, the Presiding Officer
is primarily responsible for the conduct of the meeting. If the Presiding Officer
desires to personally engage in extended debate on questions before the board,
commission, or committee, the Presiding Officer should consider turning the
Chair over to the Vice-Chair.
3.5 QUESTIONS TO BE STATED:
The Presiding Officer shall verbally restate each question immediately prior to
calling for the vote. Following the vote, either the Presiding Officer or the
Secretary shall verbally announce the results in accordance with Section 7.1.
The Presiding Officer may publicly state the effect of the vote for the benefit of
the audience before proceeding to the next item of business.
3.6 SIGNING OF RESOLUTIONS:
The Presiding Officer shall sign resolutions adopted by the board, commission,
or committee. The Secretary shall attest to the signature of the Presiding Officer.
Resolution No. 2021-034
Rules of Procedure for Public Meetings for Boards, Commissions, and Committees of the City of La Quinta
Adopted: September 21, 2021
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3.7 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.
3.8 SECRETARY POSITION:
If the Secretary is absent, a designee shall act on the Secretary’s behalf. If
there is none, the Department Director shall appoint a City staff member to act
as Secretary Pro Tempore.
4. RULES, DECORUM, AND ORDER
4.1 POINTS OF ORDER:
The Presiding Officer, with the advice of the Department Director or City
Attorney, shall determine all Points of Order, which shall generally be governed
by Robert’s Rules of Procedure if not otherwise governed by these Rules of
Procedure. The Presiding Officer’s ruling shall be subject to the right of any
member to appeal to the full membership of the board, commission, or
committee. If any appeal is taken, the question shall be, “Shall the decision of
the Presiding Officer be sustained?” in which event a majority vote shall govern
and conclusively determine such question of order.
4.2 DECORUM AND ORDER – BOARD, COMMISSION, AND COMMITTEE
MEMBERS:
(1) Any member desiring to speak shall address the Presiding Officer and upon
recognition by the Presiding Officer, the member shall confine to the question
under debate.
(2) A 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 member; or unless the speaker chooses to yield to questions from
another member.
(3) Any member called to order while speaking shall cease speaking
immediately until the question of order is determined. If ruled to be in order,
the member shall be permitted to proceed. If ruled to be not in order, the
member shall remain silent or shall alter his/her/their remarks so as to comply
with rules of the board, commission, or committee.
Resolution No. 2021-034
Rules of Procedure for Public Meetings for Boards, Commissions, and Committees of the City of La Quinta
Adopted: September 21, 2021
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(4) Members shall accord the utmost courtesy to each other, to City
employees, and to the public appearing before the Council and shall refrain at
all times from rude and derogatory remarks, reflections as to integrity, abusive
comments, and statements as to motives and personalities.
(5) Any member may move to require the Presiding Officer to enforce the rules
and the affirmative vote of a majority of the board, commission, or committee,
and shall require the Presiding Officer to so act.
(6) Except where specifically authorized by City Council action or for purely
ceremonial purposes, no member attending a City board, commission, or
committee meeting, on which he/she/they have not been appointed to, shall
make any statement or give the appearance or indicate in any way that
he/she/they are representing the City. When making a comment at such a
meeting, the member should make it clear that he/she/they are speaking solely
as an individual. Unless officially appointed to participate on a board,
commission, or committee, members should make an effort not to insert
themselves into or take positions on matters which will or are likely to be the
subject of public hearings or will be decided upon by the City Council after
considering the entire issue.
4.3 DECORUM AND ORDER – EMPLOYEES:
City employees and contractors shall observe the same rules of procedure and
decorum applicable to members of boards, commissions, and committees. The
Department Director shall ensure that all City employees observe such decorum.
Any staff members, including the Department Director, desiring to address the
board, commission, or committee, 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 member or member of the public.
4.4 DECORUM AND ORDER – PUBLIC:
Members of the public attending public meetings shall observe the same rules of
order and decorum applicable to board, commission, and committee members.
Any person making impertinent and slanderous remarks or who becomes
boisterous while addressing the board, commission, or committee, while
attending the public meeting shall be removed from the room if the sergeant-
of-arms is so directed by the Presiding Officer, and such person may be barred
from further audience before the board, commission, or committee.
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.
Resolution No. 2021-034
Rules of Procedure for Public Meetings for Boards, Commissions, and Committees of the City of La Quinta
Adopted: September 21, 2021
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4.5 ENFORCEMENT OF DECORUM:
The head of the City’s police agency or designee shall be ex-officio sergeant-of-
arms of the City Council, boards, commissions, or committees. The sergeant-
of-arms shall carry out all orders and instructions given by the Presiding officer
for the purpose of maintaining order and decorum during a public meeting. Upon
instructions from the Presiding officer, it shall be the duty of the sergeant-of-
arms or his/her/their representative to eject any person from the public meeting
venue or place any person under arrest or both.
As set forth in the Brown Act [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 members of the board, commission, or committee 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 board, commission, or committee from establishing a
procedure for readmitting an individual or individuals not responsible for willfully
disturbing the orderly conduct of the meeting.
4.6 PERSONAL PRIVILEGE:
The right of a member to interrupt a meeting and address a board, commission,
or committee on a question of personal privilege shall be limited to cases in
which his/her/their integrity, character, or motives are assailed, questioned, or
impugned.
4.7 CONFLICT OF INTEREST:
All members are subject to the provisions of California law, such as Chapter 7,
Title 9, of the California Government Code, related to Conflict of Interest, and to
conflicts of interest codes adopted by the City Council. Any member disqualified
from voting because of a conflict of interest shall do all of the following:
(1) Publicly identify the financial interest in detail sufficient to be
understood by the public;
(2) Recuse himself/herself/themselves from discussing and voting on the
matter; and
Resolution No. 2021-034
Rules of Procedure for Public Meetings for Boards, Commissions, and Committees of the City of La Quinta
Adopted: September 21, 2021
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(3) Leave the dais until after the discussion, vote, and any other disposition
of the matter is concluded, unless the matter has been placed on the
Consent Calendar.
Any member disqualified from voting due to a conflict of interest, in limited
circumstances, may speak on the issue from the public podium during the
time that the general public speaks on the issue.
The member disqualified from voting due to a conflict of interest shall be
marked absent from the vote for the item on the minutes, unless the item is
on the Consent Calendar, in which case, the member will be marked as having
abstained.
4.8 LIMITATION OF DEBATE:
Any member should speak only once upon any one subject until every other
member choosing to speak thereon has spoken. No member shall speak for a
longer time than five minutes each time the member has the floor, without
approval of a majority vote of the board, commission, or committee.
4.9 DISSENTS AND PROTESTS:
Any member shall have the right to express dissent from or protest to any action
of the board, commission, or committee, 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 …”
4.10 PROCEDURES IN ABSENCE OF RULES:
In the absence of a rule herein to govern a point or procedure, Robert’s Rules of
Order, Newly Revised, shall be used as a guide.
4.11 RULINGS OF PRESIDING OFFICER FINAL UNLESS OVERRULED:
In presiding over public meetings, the Presiding Officer shall decide all questions
of interpretation of these rules, points of order or other questions of procedures
requiring rulings. Any such decision or ruling shall be final unless overridden or
suspended by a majority vote of the board, commission, or committee members
present and voting.
Resolution No. 2021-034
Rules of Procedure for Public Meetings for Boards, Commissions, and Committees of the City of La Quinta
Adopted: September 21, 2021
Page 17 of 23
5. ADDRESSING THE BOARD, COMMISSION, OR COMMITTEE
5.1 MANNER OF ADDRESSING BOARDS, COMMISSIONS, OR
COMMITTEES
Any member of the public desiring to address the board, commission, or
committee (“public speaker”) shall notify the Secretary and may complete a
“Request to Speak” form, and shall wait to be recognized by the Presiding Officer
before proceeding to the podium. After being recognized, the public speaker
shall state his/her/their name and/or the party he/she/they is/are representing
(unless otherwise determined by the City Attorney to be unnecessary), the
subject the public speaker wishes to discuss, and city of residence.
All remarks and questions shall be addressed to the Presiding Officer and not to
any individual board, commission, or committee member, staff member, or other
person. The Presiding Officer shall be addressed at all times as Madam/Mister
[title], e.g. Madam Chair, Mr. Vice-Chair. Members of boards, commissions, or
committees shall be addressed as Board Member [last name], Commissioner
[last name], or Committee Member [last name]. The board, commission, or
committee as a body shall be addressed: Madam/Mister Chair and Members of
the [official name of board, commission, or committee].
The Presiding Officer shall not permit any communication, oral or written, to be
made or read where it is not within the subject matter jurisdiction of the board,
commission, or committee. During a public meeting, all remarks shall be limited
to the subject under consideration. No person shall enter into any discussion
without being recognized by the Presiding Officer.
5.2 TIME LIMITATION:
For time limitation applicable to public hearings and public comment, see
Sections 2.5 and 2.6.
5.3 ADDRESSING THE BOARD, COMMISSION, OR COMMITTEE AFTER
MOTION IS MADE:
After a motion has been made, or after a public hearing has been closed, no
member of the public shall address the board, commission, or committee without
first securing permission by a majority vote of the board, commission, or
committee.
Resolution No. 2021-034
Rules of Procedure for Public Meetings for Boards, Commissions, and Committees of the City of La Quinta
Adopted: September 21, 2021
Page 18 of 23
5.4 PERSONS AUTHORIZED TO BE WITHIN PLATFORM:
No person except City Officials shall be permitted behind the dais in the Chamber
without permission or consent of the Presiding Officer.
6. MOTIONS
6.1 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.
6.2 MOTIONS OUT OF ORDER:
The Presiding Officer may at any time, by majority consent of the board,
commission, or committee, permit a member to introduce a resolution or motion
out of the regular agenda order.
6.3 DIVISION OF QUESTION:
If the question contains two (2) or more divisional propositions, the Presiding
Officer may, and upon request of a member shall (unless appealed), divide the
same.
6.4 PROCEDURE OF MOTIONS:
When a motion is before the board, commission, or committee, no motion shall
be entertained except the following, which shall have precedence in the following
order:
(a) Adjourn
(b) Fix hour of adjournment
(c) Table
(d) Limit or terminate discussion
(e) Amend
(f) Postpone
6.5 MOTION TO ADJOURN: (not debatable)
A motion to adjourn shall be in order at any time, except as follows:
(a) When repeated without intervening business or discussion.
(b) When made as an interruption of a member while speaking.
(c) When discussion has been ended, and vote on motion is pending.
(d) While a vote is being taken.
Resolution No. 2021-034
Rules of Procedure for Public Meetings for Boards, Commissions, and Committees of the City of La Quinta
Adopted: September 21, 2021
Page 19 of 23
6.6 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.
6.7 MOTION TO TABLE:
A motion to table shall be used to temporarily by-pass the subject. A motion to
table shall be undebatable 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.
6.8 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.
6.9 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 first, 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 board, commission, or committee may vote on the main
motion as revised.
7. VOTING PROCEDURE
7.1 VOTING PROCEDURE:
In acting upon every motion, the vote shall be taken by electronic voting and
the Presiding Officer or Secretary shall verbally announce:
(1)Whether the question carried or was defeated;
(2)The vote tally; and
(3)The vote of each Member.
In the event the electronic voting equipment is not functioning, the vote shall be
taken by roll call. The vote on each motion shall then be entered in full upon
the record. The order of voting shall be alphabetical with the Chairperson voting
Resolution No. 2021-034
Rules of Procedure for Public Meetings for Boards, Commissions, and Committees of the City of La Quinta
Adopted: September 21, 2021
Page 20 of 23
last. The Secretary shall call the names of all members seated when a roll call
vote is ordered or required. Members shall respond ‘aye,’ ‘no,’ or ‘abstain.’
Every resolution, order for franchises or payments of money, or adoption or
amendment of a specific or general plan require three (3) affirmative votes. Any
member may change his/her/their vote before the next order of business.
7.2 ABSTENTIONS AND FAILURE TO VOTE:
A member who abstains due to reasons of a legally barred conflict of interest,
such as a financial conflict of interest barred by the state Political Reform Act
[Government Code Section 81000 et seq.], shall, for purpose of the item under
consideration, be considered as if absent.
A member abstaining for reasons other than a legally barred conflict of interest
shall be counted as present for purposes of a quorum and such abstentions are
counted with the majority, or in the absence of a majority, as an affirmative vote
on the motion before the board, commission, or committee.
A member who leaves the dais solely to avoid participating in a specific item
shall, in absence of a conflict of interest, be counted as if they were present but
abstaining, and such abstentions are also counted with the majority as noted
above.
7.3 RECONSIDERATION:
Any member who voted with the majority may move a reconsideration of any
action at the same meeting, or within seven (7) calendar days, request in writing
to the City Manager or City Clerk that it be agendized for consideration at the
following meeting. If the 7th calendar day falls on a holiday, then the deadline
shall be the next business day. In the event that the subject of the
reconsideration is a motion that failed as the result of a tie vote, any member
who voted against the earlier motion may move for reconsideration within the
same seven (7) calendar day period. If the motion to reconsider passes, then
the original item may be reconsidered at that time or agendized for the next
meeting that meets any applicable noticing requirements. After a motion for
reconsideration has once been acted upon, no other motion for reconsideration
thereof shall be made without unanimous consent of the board, commission, or
committee.
7.4 TIE VOTES:
Tie votes shall be lost motions unless an additional motion is made which
obtains a majority vote to break the tie. When all members are present, a tie
vote on whether to grant an appeal from official action shall be considered a
Resolution No. 2021-034
Rules of Procedure for Public Meetings for Boards, Commissions, and Committees of the City of La Quinta
Adopted: September 21, 2021
Page 21 of 23
denial of such appeal. If a tie vote results at a time when less than all members
of the board, commission, or committee are present, the matter shall
automatically be continued to the agenda of the next regular meeting of the
board, commission, or committee, unless otherwise ordered by the board,
commission, or committee. Notwithstanding the above, if a tie vote results at a
time when one or more member(s) are abstaining for reasons other than conflict
of interest then, in that instance, the abstention vote shall be counted in favor
of the motion thereby breaking the tie vote.
8. RESOLUTIONS
8.1 DEFINITIONS:
As a rule of thumb, it can be said that legislative acts of the City Council (usually
a rule of public conduct for long-term application) are taken by ordinance,
whereas more routine business and administrative matters (usually more
temporary and transitory in nature) are accomplished by “resolutions.” The term
“resolution” in its general sense will denote any action taken affirmatively via a
vote of the legislative body, other than one taken by ordinance. Only the City
Council may adopt ordinances on behalf of the City.
As used in this City, two (2) terms are in general use to denote such (non-
ordinance) actions: “resolution” and “motion” (or sometimes referred to as
“minute order”) (thereafter recorded in the minutes). Both actions are equally
legally effective and binding, they just vary in the formality of respective
memorialization. The most formal is referred to locally as a “resolution.”
Generally, the form of a “resolution” is a written document, similar in format to
an ordinance, of the action taken by a board, commission, or committee, which
is numbered in sequence, and preserved in a separate set of books; this separate
written document is in addition to being recorded by an item entry in the minutes
of the meeting at which it was accomplished. “Resolutions” are used in this City
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.
The form of a “motion” or “minute order,” however, is a verbal decision of the
action taken by a board, commission, or committee, which is recorded by an
item entry in the minutes of the meeting at which it was accomplished, without
the formality of a separate written document to memorialize it, unless it is a
motion to adopt an ordinance or a resolution.
Resolution No. 2021-034
Rules of Procedure for Public Meetings for Boards, Commissions, and Committees of the City of La Quinta
Adopted: September 21, 2021
Page 22 of 23
Before any official action can be taken, a member of a board, commission, or
committee must “move” or make a “motion,” and another member must
“second” that motion, to place an item before the membership for official action
and decision (see Section 6 of these Rules of Procedure).
8.2 RESOLUTIONS PREPARED IN ADVANCE:
Where a resolution has been prepared in advance, the procedure shall be:
motion, second, discussion, vote pursuant to methods prescribed in Section 7.1,
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.
8.3 RESOLUTIONS NOT PREPARED IN ADVANCE:
Where a resolution has not been prepared in advance, the procedure shall be to
instruct the Department Director or City Attorney to prepare a resolution for
presentation at the next public meeting.
8.4 URGENCY RESOLUTIONS:
In matters of urgency, a resolution may be presented verbally in motion form
together with instructions for written preparation for later execution. After the
resolution has been verbally stated, the voting procedure in 8.2 above shall be
followed.
9. POLITICAL ACTIVITIES
(1) Members of boards, commissions, or committees shall not use, or attempt
to use, their position, office, or authority to influence, aid, or obstruct any City
employee from securing any position, nomination, confirmation or promotion, or
change in compensation or position in the City upon consideration, or condition
that the vote or political influence or action of such person or another shall be
given or used on behalf of, or withheld from, any candidate, officer, or party, or
upon any other corrupt condition or consideration. This prohibition shall apply
to urging or discouraging the individual employee’s action.
(2) A member of a board, commission, or committee, or candidate shall not,
directly or indirectly, solicit political funds or contributions, knowingly, from other
officers or employees of the local agency or from persons on an employment list
of the City, with the knowledge that the person from whom the contribution is
solicited is an officer or employee of the City. This section shall not prohibit the
member from requesting political contributions from officers or employees of the
City if the solicitation is part of a solicitation made to a significant segment of
the public, which may include offices or employees of the City.
Resolution No. 2021-034
Rules of Procedure for Public Meetings for Boards, Commissions, and Committees of the City of La Quinta
Adopted: September 21, 2021
Page 23 of 23
(3) No member of a board, commission, or committee, or candidate shall
engage during working hours in City offices or work areas where such activity
would disrupt the workplace. For purposes of this section, City offices, or work
areas includes the areas behind the public counters but excludes the Council
Chambers and Councilmember offices.
10. AUTHORITY TO BIND THE CITY
No member of a board, commission, or committee, officer, official, employee,
agent, or consultant of the City, without the majority vote of the City Council, or
unless otherwise provided in these Rules of Procedure or by resolution of the
Council, shall have any power or authority to bind the City by any contract, to
pledge its credits, or to render it liable for any purpose in any amount.
11. EXECUTION OF CONTRACTS, DEEDS, AND OTHER DOCUMENTS
Except as otherwise authorized by resolution of the City Council, either the Mayor
or City Council, or in the absence of both, such person as the City Manager may
designate in writing pursuant to LQMC Section 2.08.050 and 2.080.60, shall sign
all contracts, deeds, and other written instruments on behalf of the City when
such have been approved by the City Council. The City Clerk shall attest to the
signature of the signer, unless attestation is not required.
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.