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HomeMy WebLinkAbout7652RESOLUTION NO. 7652 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, TO ADOPT POLICY ESTABLISHING RULES OF PROCEDURE AND DECORUM WHEREAS, the City of Arcadia values transparency, civility, and participation in the democratic process; and WHEREAS, all proceedings of the City Council are subject to the Ralph M. Brown Act, which allow for the adoption of reasonable regulations to ensure orderly and efficient meetings; and WHEREAS, the City Council recognizes that effective governance requires respect and professionalism among elected and appointed officials, City staff, and members of the public; and WHEREAS, the City Council has a duty to foster respectful dialogue and prevent disruption, intimidation, or disorderly conduct during its meetings; and WHEREAS, the City Council Chambers are a place of significance and must be preserved as a dignified environment that reflects Arcadia's heritage, professionalism, and commitment to responsible governance; and WHEREAS, the City Council believes that City officials have a responsibility to lead by example by modeling ethical, respectful, and civil conduct during all public proceedings; and 1 WHEREAS, the City Council desires to adopt a policy that establishes Rules of Procedure and Decorum, setting clear expectations for meeting procedures and to promote the highest standards of conduct in Arcadia's governance. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct. SECTION 2. The Rules of Procedure and Decorum ("Policy") attached hereto as Exhibit "A", are hereby adopted in their entirety and incorporated herein by reference. SECTION 3. The City Council will review the Rules of Procedure and Decorum ("Policy") within six months of its adoption for effectiveness, clarity, and continuation. SECTION 4. The City Manager and City Attorney are authorized to take all necessary steps to implement this Policy and to provide guidance on its application, including any training or procedural adjustments. SECTION 5. This Resolution is effective upon its adoption by the City Council. SECTION 6. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON THE NEXT PAGE] 2 Passed, approved, and adopted this 2nd day of September, 2025. =" l Mayor of the City of Arcadia ATTEST: d City Clerk APPROVED AS TO FORM: /,Grimm Michael J. Maurer City Attorney 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, LINDA RODRIGUEZ, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 7652 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 2nd day of September, 2025 and that said Resolution was adopted by the following vote, to wit: AYES: Cao, Cheng, Fu, and Wang NOES: None ABSTAIN: Kwan 51 City Clerk of the City of Arcadia EXHIBIT "A" POLICY FOR RULES OF PROCEDURE AND DECORUM PREAMBLE AUTHORITY Section 413 of the Arcadia City Charter provides that the City Council may establish rules for the conduct of its proceedings. PURPOSE The purpose of this Policy for Meeting Procedures and Decorum ("Policy") is to promote mutual respect, civility, and orderly conduct among elected and appointed City officials, City staff, and members of the public and to promote and maintain the highest standards of personal and professional conduct in the City's governance. While recognizing there are differing opinions and styles, and disagreement is a part of the public process, the City Council acknowledges and values its duty to model ethical and civil behavior for City staff and members of the public. City Council decisions and work, therefore, must meet the most demanding ethical standards and demonstrate the highest levels of achievement in following this Policy. SCOPE 11 This Policy applies to the City Council and to the conduct of the City Councilmembers while serving on other committees, commissions, or City - appointed positions, as liaisons to such positions, or as otherwise formally representing the City. The City Council may extend this policy to any subordinate boards, committees and commissions. ROLES OF OFFICERS The Mayor shall preside over City Council meetings and perform the duties set forth in this Policy in accordance with this Policy and in the good faith furtherance of the objectives stated herein. In the absence of the Mayor, the Mayor Pro Tern shall preside over City Council meetings and perform the duties and functions of the Mayor as contained in this Policy. In the absence of both the Mayor and Mayor Pro Tem, the remaining Councilmembers shall appoint a presiding officer for the meeting. Wherever this Policy refers to the Mayor, it is equally applicable to Mayor Pro Tern or any other official performing the duties of the Mayor. The City Council, acting as a body, is ultimately responsible for all actions of this City. This Policy assigns duties to the Mayor for the sake of carrying out procedure and decorum. In no instance may the Mayor act without the support of the majority of the City Council present and voting, and all actions are subject to override or suspension upon a motion approved by a majority of the City Council. 2 SECTION 1: GENERAL STANDARDS AND PRINCIPLES OF DECORUM City Council meetings are an important function of representative democracy and of serving all residents, businesses, and other stakeholders of the City of Arcadia. The appropriate conduct of such meetings is in the best interest of all involved, and helps to ensure that the focus is on the business of the City, responsiveness to the constituency, and good governmental practices. All City elected officials, appointed officials and employees, along with members of the public, are expected to adhere to the following standards of conduct: Treat everyone courteously; Listen to others respectfully; Exercise self-control and avoid threatening language and loud, insulting, demeaning, or offensive communications; • Give open-minded consideration to all viewpoints; • Focus on the issues and avoid personalizing debate; and Embrace respectful disagreement and dissent as democratic rights that are inherent components of an inclusive public process and tools for forging 7 sound decisions and allow all parties to speak without intimidation or interruption. SECTION 2: CITY COUNCIL MEETING AGENDAS 1. Preparation of Agendas The City Manager in coordination with City staff shall prepare all agendas for City Council meetings and shall determine the items to be included on the agendas. City Councilmembers shall only add items to the agenda in accordance with this Policy. Agendas shall contain the following categories in the following order: (1) Call to Order, (2) Invocation, (3) Pledge of Allegiance, (4) Roll Call, (5) City Attorney Report, (6) Supplemental Information, (7) Presentations, (8) Public Hearings, (9) Public Comments, (10) Consent Calendar, (11) City Manager, (12) AB 1234 Reports, (13) Future Requests, and (14) Adjournment. 2. Ralph M. Brown Act All proceedings of the City Council are subject to the Ralph M. Brown Act (Government Code sections 54950 et seq.). The City Councilmembers shall each ensure that the meetings and their respective conduct are in strict compliance with the Brown Act. Councilmembers shall not discuss, or attempt to discuss, matters that are not listed on the agenda and shall not engage in any deliberations, discussions, or actions involving a majority of the City Council outside of a properly noticed meeting. 3. Specific Rules for Agenda Categories In order to maintain meeting decorum, ensure that the City Council's important business may be conducted, and avoid potential violations of the Brown Act (even inadvertently), the City Council will adhere to the following specific rules in conducting meetings: a. Supplemental Information This is the portion of the agenda for the City Manager to inform the Council of information received after the posting of the agenda packet, or information that may result in a request for re -ordering of agenda items. The Councilmembers may also make a request (or staff may propose) during Supplemental Information to add a late item to the agenda. Under the Brown Act, a late item may only be added if the need for the item arose after the posting of the agenda and if there is a need to take immediate action prior to the next City Council meeting. A late item may only be added with a two- thirds (2/3) vote of the Councilmembers present, or a unanimous vote if less than two-thirds are present. 9 b. Presentations Presentations is the portion of the agenda for ceremonial items, such as where the City Council either receives a presentation from a community member or organization or presents a proclamation, commendation, or other recognition of a community organization, member, or other similar acknowledgment. City staff will coordinate presentations. Councilmembers may request presentations at future meetings during the Future Requests portion of the agenda. Councilmembers, including the Mayor, may not unilaterally individually direct that presentations or other ceremonial items be added to the agenda. C. Public Hearings/Public Comments The Brown Act requires the City Council to receive public comments on all agenda items before taking action, and at regular meetings to receive public comments on all matters within the jurisdiction of the City Council. No person shall address the City Council without first being recognized by the Mayor. Any person wishing to speak during Public Comments or on an 10 agenda item, shall first complete a Speaker Card and submit this to the City Clerk before the Mayor calls for Public Comments. The City Council should balance the need to give each speaker sufficient speaking time, while also enabling each speaker to be heard and completing the business in a timely manner. As a general guideline, the City Council will endeavor to follow this format: If there are expected to be 5 or less speakers, then 5 minutes each; If there are expected to be between 5 and 20 speakers, then 3 minutes each; • If there are expected to be between 20 and 50 speakers, then 2 minutes each; and If there are expected to be more than 50, then 1 minute each. The Mayor or City Council may always modify the time allotted in accordance with the rules of procedure contained in this Policy. The time allotted shall apply equally to all speakers. Allotted time for public comment is non- transferable; no speaker will be allowed to yield part or all of their time to another, nor will a speaker be credited with time not used by another. 11 The City Council accepts electronic public comment for its regular and special meetings. Electronic public comment shall be submitted via email to the City Clerk, or through the appropriate form on the City's website. Electronic public comment submitted less than two hours before the start of the meeting is not guaranteed to be received by the City Council beforehand. Electronic public comments may be summarized by the City Manager during the Supplemental Information section of the agenda, excluding a verbatim reading of each comment. Councilmembers should generally avoid responding to public comments and should not discuss items that are not on the agenda in response to public comments. Councilmembers may nonetheless refer matters raised to the City Manager for a brief response or referral to the appropriate staff member, and Councilmembers may give a brief response to matters of personal privilege, such as personal attacks, false information about a Councilmember, or offensive or hate -based speech. Public hearings are specific items where the Council is legally required, or otherwise elects, to receive public testimony. Different rules should apply for public hearings depending on the nature of the hearing. For example, if the 12 hearing involves an application, the applicant would not be held to the general time allotments for public comments. d. AB 1234 Reports Assembly Bill 1234 (2005; Government Code Section 53232.3) allows Councilmembers to receive reimbursement for actual and necessary expenses incurred in performing City Council duties, provided that they make a brief report on meetings attended at the expense of the City at the next regular City Council meeting. This item shall be limited to legally -required reports. The Councilmembers shall not use this item to report on their own activities that are not at City expense, or to discuss matters that are unrelated to the attendance at meetings at City expense. Videos, pictures, and digital content in support of the City Council's AB 1234 activities shall be provided to the appropriate staff at least 6 hours in advance of the published meeting time to ensure technical compatibility and accessibility. Beyond is what is required under AB 1234, staff will not prepare content for display during this section of the agenda. e. Future Requests 13 This is the item for Councilmembers to request that items be added to a future agenda. Councilmembers shall propose that an item be added, and upon the concurrence of at least two other Councilmembers, staff will bring forth the item at a future meeting. The proposal may be in a form of a motion. The Brown Act specifically allows for Councilmembers to request, during a meeting, that items be added to future agendas. However, this exception must be balanced against the Brown Act's general prohibition of discussing non -agenda items. When making a request, Councilmembers shall therefore state plainly the item proposed, without providing argument or deliberation on the matter. The other Councilmembers shall merely state their concurrence, if any, in order to avoid a premature discussion of the merits. Councilmembers may ask limited clarifying questions to understand the scope of the request. 4. Special Sessions The City Council from time -to -time may hold special sessions, such as study sessions and closed sessions. This Policy applies equally to special sessions. 14 Information provided in closed session, and discussions occurring in closed session, are strictly confidential. Councilmembers shall uphold this confidentiality and shall not provide closed session information to anyone who is not entitled to receive it. Other than information that the City Council is required to report out (which will be done through the City Attorney), Councilmembers shall not discuss closed session occurrences during any open session. Councilmembers shall not record any closed session discussions, nor allow anyone to listen in to closed session through electronic devices. SECTION 3: RULES OF PROCEDURE 1. Basic Rules of Procedure The Mayor is generally responsible to: Maintain order and decorum at all City Council meetings. State (or cause to be stated) each question coming before the City Council. Determine all points of order subject to the right of any Councilmember to appeal to the City Council. Announce the decisions of the City Council on all subjects. 15 Enforce the provisions of this Policy. The Mayor shall make a determination of all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by majority vote of the Councilmembers present and voting. The City Attorney shall serve as the Parliamentarian to the City Council. The Mayor, or any City Councilmember, may request that the Parliamentarian advise on matters of procedures and the implementation of this Policy. The Parliamentarian's role is advisory and ultimate determination of procedural questions is within the discretion of the Mayor, with the concurrence or override of the City Council. 2. Adoption of Rosenberg's Rules of Order In considering matters of procedure, the City Council will utilize Rosenberg's Rules of Order, as made available by the California League of Cities and as updated from time -to -time, a copy of which is attached hereto. The Rules of Order shall be used for guidance, but the ultimate determination of questions of procedure shall remain within the discretion of the Mayor and the City Council. On any issue that is not addressed by Rosenberg's Rules of Order, the City Attorney, acting as 16 Parliamentarian shall recommend the proper procedure but shall endeavor to follow Rosenberg`s Rules of Order. 3. Restoring Order Subject to an overriding motion, the Mayor may determine that a Councilmember is out of order for failing to act in accordance with this Policy or the Rules of Order. A Councilmember, who is out of order, shall no longer have the floor. Any Councilmember may raise a point of order to determine whether the proceedings are out of order or whether the Mayor has failed to maintain order. If the Mayor repeatedly fails or refuses to maintain order, the City Council may make a motion to restore order by deputizing the Mayor Pro Tem, or another Councilmember, to take responsibility for the duties listed in Paragraph 1 of this Section, and to ensure that the meeting proceeds henceforth in accordance with this Policy. 4. Actions of the City Council In accordance with the law and Charter, no action of the City Council will be invalid or unenforceable due to a failure to comply with this Policy or any procedural rule. SECTION 4: RULES OF DECORUM 17 1. Decorum at Public Meetings Councilmembers' conduct at City Council meetings and other public meetings shall adhere to the following standards: (a) Councilmembers shall each preserve order and decorum. No Councilmember shall delay or interrupt the proceedings of the City Council or disturb any member of the public while he or she is properly recognized and addressing the City Council. (b) Councilmembers shall treat everyone with respect by actively listening to other viewpoints, and not interrupting, ignoring, or belittling the contributions of others. Councilmembers will use professional anguage. (c) Councilmembers shall not engage in any abusive or vulgar language and shall avoid personal attacks on any other member of the City Council, City staff or the public; nor shall they publicly impugn the integrity or honesty of such individuals. (d) Councilmembers desiring to speak shall address the Mayor and, upon recognition by the Mayor, shall confine themselves to the question under debate. The Mayor shall recognize Councilmembers in a fair in manner and shall not show favor or preference to or against any individual Councilmember. (e) Once recognized by the Mayor, a Councilmember shall not be interrupted when speaking unless called to order by the Mayor, unless a point of order or personal privilege is raised by another Councilmember, or unless the speaker chooses to yield to questions from another Councilmember. (f) If a Councilmember is called to order, that Councilmember shall cease speaking immediately until the question of order is determined. If ruled to be in order, the Councilmember shall be permitted to proceed. If ruled to not be in order, the Councilmember shall remain silent or shall alter their remarks so as to comply with the rules of the City Council. (g) Councilmembers desiring to question City staff shall address their question to the City Manager or City Attorney, in appropriate cases, who shall be entitled either to answer the inquiry themselves or designate some member of City staff for that purpose. w (h) Councilmembers may ask each other questions during the debate of items, but no Councilmember is obligated to respond to another. Questions to each other should be posed in a respectful manner in order to understand the position of the other Councilmembers. Questions should not be used to embarrass or humiliate other Councilmembers. (i) Discussion by Councilmembers must relate to the subject matter at hand and shall be relevant and pertinent to allow for the expeditious disposition and resolution of the business before the City Council. Q) Councilmembers shall make impartial decisions in the best interest of the City, free of narrow political interests, financial, and other personal interests that impair independence of judgment or action, and are consistent with, but not limited to, the requirements of the Political Reform Act and other State and local laws. (k) Councilmembers must allow for adequate discussion of the minority point of view. Councilmembers shall recognize and accept legitimate differences of opinion. Councilmembers shall act with integrity in accepting, supporting, and defending the City Council. Once the City Council takes action, Councilmembers should commit to supporting 20 said action and not create barriers to the implementation of said action. (1) Councilmembers shall respect confidences and information designated as "confidential" and not disclose information received during any Closed Session of the City Council held pursuant to State law. Councilmembers shall also not discuss matters that are nappropriate to discuss publicly, such as personnel matters or matters involving individuals' private interests. (m) Any Councilmember may move to require the Mayor to enforce the rules of decorum and order, and the affirmative vote of a majority of the City Council shall require the Mayor to do so. (n) Councilmembers are prohibited from using cellular phones for calls, texting, or web browsing during City Council meetings. However, the use of phones, tablets, or similar devices is permitted for reading prepared remarks or referencing notes. If a Councilmember must use a phone for any other reason, they shall step away from the dais. 2. Decorum in Interactions with Staff at Public Meetings 21 In addition to provisions in Paragraph 1 of this Section, the City Council shall ensure that it maintains decorum in: (a) Councilmembers are encouraged to ask questions of staff in order to generate information that is beneficial to the proceedings and the public. Questions should be posed to staff in a manner that is objective and that provides a fair opportunity for staff to respond in their best professional judgment. (b) In posing questions to staff, Councilmembers should avoid "gotcha" or "ambush" efforts that are designed to embarrass the staff member or make it appear as if the staff member failed to adequately perform their duties. Councilmembers shall ensure that staff has an opportunity to respond or to clarify their responses. (c) Councilmembers may be critical of the City's performance and may ask questions or make comments that illustrate their displeasure in some approach or action taken by the City. Such questions and comments shall be made professionally and constructively and not in a manner involving personal attacks or involving innuendo of improper conduct. 22 (d) Councilmembers shall not make comments that are intended to create an improper presumption that any member of staff is being dishonest or concealing information, and Councilmembers shall not make unfounded accusations against any staff members. This provision shall not be interpreted to limit the City Council's oversight of the City and critical efforts to ensure open and transparent information is conveyed. (e) Councilmembers shall comply with Section 406(b) of the City Charter, which prohibits the City Council from giving direct orders to administrative staff or from calling for the appointment or removal of any person to or from an administrative position within the City, whether publicly or privately. (f) Although Councilmembers are encouraged to ask staff questions during the City Council meeting, Councilmembers shall not inquire into staff unless it is on the agenda. Further, prior to inquiring with a City staff member, the Councilmember shall announce whether they have met with the City Manager or Department Director to inquire into this issue, before bringing it up at the City Council meeting. 3. Decorum in Interactions with the Public at Public Meetings 23 (a) Public participation and input is critical to the decision -making process in a representative democracy, and the Councilmembers should encourage public comments, including public comments that may be critical of the City Council or the City. (b) The appropriate level of direct interaction between the Councilmembers and the public shall depend on the nature of the proceeding. During general public comment periods, questions of the commenters should generally be limited. During public hearings, more robust questioning may be appropriate, particularly if the City Council is serving in a quasi-judicial role. (c) The Councilmembers should avoid arguments or back -and -forth encounters with the public. Both public comments and public hearings should proceed in an orderly manner, where Councilmembers speak or respond when given the floor. Councilmembers should avoid engaging with unruly audience members, except to call for order in the proceedings. 4. Rules of Decorum for Councilmembers While in Office. Councilmembers have a duty to: 24 (a) Prepare for meetings by understanding the background, purpose, and arguments for and against items of business. (b) Seek background information about agenda items and operational matters by contacting the City Manager and providing adequate notice of issues that arise before meetings, including, but not limited to, a potential conflict of interest with an agenda item. (c) Avoid making individual pronouncements and public conjectures outside of City Council meetings about the City on matters not yet decided by the City Council but is on an upcoming City Council agenda. (d) Abide by and defend all applicable laws and policies, especially the political campaign, lobbying, and conflict of interest laws enforced by the Fair Political Practices Commission, State laws, and the Procedures Handbook. (e) Safeguard the ability to make independent, objective, fair and impartial judgments by scrupulously avoiding financial and social relationships and transactions that may compromise, or give the appearance of compromising, objectivity, independence, and honesty. 25 (f) Carefully consider if exceeding or appearing to exceed authority of office for personal or financial gain. When in doubt, avoid actions that create, in the mind of a reasonable observer, the appearance of impropriety, ethical lapses, legal violations, or actions inconsistent with this Policy. (g) Deter rumors and misunderstandings by making factual information available, answering questions directly, telling the truth, and admitting to a lack of knowledge, if necessary. (h) Refrain from making unauthorized commitments or promises of any kind purporting to bind the City. Refrain from any gratuitous comments that may harm the City's position in litigation or potential litigation. (i) Refer citizen complaints to the City Manager. 0) Refrain from using status as a public office holder to influence the outcome of a community meeting or purport to represent the City Council as a whole unless otherwise authorized to by the majority of the City Council. Remain a neutral observer, indicating when 26 expressing personal opinions, and referring questions related to City policies to the City Manager. (k) Refrain from contacting City staff directly, questions to City staff should be channeled through the City Manager so that appropriate lines of communication are open and effectively utilized. (1) Utilize City resources, including but not limited to, equipment, supplies, staff time, telephones, and computers in a manner consistent with City policies, the Political Reform Act, and State laws. S. Rules of Decorum for Public Participation in Council Meetings. To facilitate effective participation in Council Meetings by the public, the following conditions shall be applied to audience members: (a) Members of the public shall mute electronic devices that are capable of emitting sound, including cellular telephones, digital tablets, laptops, and personal devices. (b) Cameras and recording equipment may be used during Council meetings as long as it does not impede walkways or otherwise disrupt the conduct of the meeting. 27 (c) Members of the public may make oral communications but are not authorized to display content on City devices. Members of the public may provide printed materials to the City Clerk for transmission to the City Council during the meeting. (d) Members of the audience shall not engage in disorderly conduct, including loud, threatening, or abusive language; or other acts that would disturb, disrupt, or impede the orderly conduct of the City Council meeting. Following a warning, a member of the audience continuing to engage in disruptive conduct shall, at the discretion of the Mayor or a majority of the Council Members, be subject to removal from that meeting by the Sergeant at Arms. Threats or acts of violence will not be tolerated and will be subject to immediate removal. SECTION 5: VIOLATIONS OF POLICY 1. Motion to Enforce. Most violations of this Policy should be subject to simple corrections and continuing on with the proceedings in accordance with this Policy. The Mayor should generally enforce this Policy and correct violations as appropriate. W. If the Mayor fails to enforce this Policy, any Councilmember may move the City Council to require the Mayor to do so, and an affirmative vote of a majority of the City Council shall require them to do so. If the Mayor of the City Council fails to carry out the will of a majority of the City Council, the majority of the City Council may make a motion to restore order as set forth in this Policy. 2. Formal Action If after receiving a warning from the Mayor or City Council, a Councilmember continues to fail to comply with this Policy, the City Council may agendize an item for the next meeting of the City Council to discuss the conduct and have the City Council determine if the conduct is in violation of this Policy. If a majority of the City Council by affirmative vote determines the conduct was in violation of this Policy, the majority of the City Council may impose by affirmative vote any of the following remedial actions: • Issue a letter of warning from the City Council; • Adopt a resolution expressing disapproval of the conduct of the Councilmember and censure by the City Council; Remove the Councilmember from their position on City committees or revoke their appointment to other agency committees; 29 • Take any other action that is within the City Council's discretion to impose as a censure; or • Remove the Councilmember from their position as Mayor or Mayor Pro Tern by a four -fifths (4/5) vote, as applicable, and select a successor to such office pursuant to Resolution 7463. 30