Loading...
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in full force and effect for City Council meetings and related functions and activities unless and until amended or superseded by City Council resolution in the future.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 Page 3 of 23 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 Page 4 of 23 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 Page 5 of 23 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 Page 6 of 23 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 Page 7 of 23 (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 Page 8 of 23 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 Page 9 of 23 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 Page 10 of 23 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 Page 11 of 23 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. 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 12 of 23 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 Page 13 of 23 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 Page 14 of 23 (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 Page 15 of 23 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 Page 16 of 23 (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.