OPEN MEETING PROCEDURAL RULES

Transcription

1 OPEN MEETING PROCEDURAL RULES March 24, 2016

2 Local Rules Stockton Municipal Code Council Policy Council Policy Rosenberg s Rules of Order Planning commission Rules for Conducting Planning Commission Meetings

3 State Law Government Code section Conditions of Attendance Government Code section Public participation/reasonable regs. (including time limits) Government Code section Disclosure of campaign contributions $250 or more

4 Role of the Chair Charged with Applying the Rules of Procedure and Conduct Recognizes speakers Facilitates debate Keeps Order Maintains decorum Makes rulings on procedural issues which are final unless overturned by a majority vote of the body

5 Establishing a Quorum Defined as the Minimum number of members of the body who must be present for business to be legally transacted Default Rule is one more than half the body On a 7 member body a quorum is 4 members

6 Voting How to: Chair invites Motion and announces name of maker and second Chair invites discussion If no discussion, Chair calls for a vote If discussion, Chair calls for vote after discussion Members vote Clerk announces the results Four (4) members on a 7 member body constitutes a majority for voting purposes To approve any item before the Commission, you need a vote of not less than 4 members. [CP 800-3]

7 Abstention Unless there is a stated Conflict of Interest, members may NOT abstain from voting on an issue. [CP 100-2(XII)]

8 Ex Parte Disclosures Commissioners must disclose on the record, any evidence received outside of a meeting [CP 800-3] Viewed property or familiar with property Met with applicant, applicant s representative, or other interested party How to make a disclosure: I met with on (insert date and time) and we discussed (briefly describe) and I did not receive any written communications. I met with on (insert date and time) and we discussed (briefly describe) and I received (insert written documents received) and forwarded these documents to the Planning Director for distribution to the rest of the Commission.

9 Addressing the Commission All speakers wishing to speak, must do so through the Chair. This includes the public, staff, and members of the Commission. All remarks/questions are to be addressed to the body not to individual members unless the Chair gives permission to do so. [CP 100-3(H)(7)] The Chair must recognize the speaker and if there is a question, must decide if it needs to be answered. If the Chair determines that a question must be answered, the responding party shall speak through the Chair.

10 Late Arrival If a member anticipates being late, he/she must notify the Director. Staff will then alert the Chair so that if necessary, he/she may rearrange the agenda.

11 Meeting Off-Site The Brown Act requires that the public be given notice and access to public meetings. Meetings can be teleconferenced, however, the public must be given notice of and access to the teleconference location. Members of the public must be able to address the legislative body from the teleconference location. [CA Gov t Code section 54953(b)]

12 Approval of Minutes Approval of minutes is taken care of as part of the consent calendar. If you were not present at the meeting for which minutes are being approved, you must abstain from voting UNLESS: You watched the video/listened to the tape; or You read through the agenda packet and all relevant documents; AND You state so on the record.

13 Public Comment The Chair may limit the amount of time for each speaker but only if he/she announces the time limit prior to the first speaker and without regard to topic/substance. The Clerk will keep time and notify the Chair when time is up. The Chair may limit the amount of testimony presented on an issue to avoid cumulative or repetitive testimony. CP Government Code section (b).

14 Courtesy and Decorum No new business shall begin after 11 p.m. [CP 100-3] Use of electronic devices is prohibited [CP 100-3] Commission Each member is limited to 5 minutes [CP 100-3(G)(4)] No disturbing other members while speaking [CP 100-3(G)(3)] Cannot speak twice unless all other members have had the opportunity to speak [CP 100-3(I)(a)] Public No personal, slanderous remarks Warning Order to leave chambers/law Enforcement removal

15 When a Speaker may be Interrupted Point of privilege Room is too hot/cold; can t hear Point of order Not following procedure Appeal Member challenges Chair ruling, requires majority vote to overturn Call for order Let s return to the agenda Withdrawing a Motion Motion maker may withdraw but second must be given opportunity to make motion

16 Basic Public Hearing Format 1. Chair announces agenda item 2. Chair calls for Ex Parte Disclosures 3. Chair calls for staff presentation 4. Chair calls for Commissioner questions for staff 5. Chair asks staff for any communications received (which are read into the record unless waived by majority vote of Commission) 6. Chair invites applicant to speak 7. Chair calls for public comment 8. Chair allows rebuttal (if necessary) 9. Chair closes the public hearing and brings it back to the Commission for discussion 10. Following a full discussion, Chair calls for a motion 11. Chair recognizes motion and calls for a second, then a vote 12. Clerk announces the results 13. If appealable, Chair announces appeal rights

17 Making a Motion Chair recognizes member Chair invites motion A motion at this time would be in order I will now entertain a motion Member makes motion I move that

18 Basic Motions Basic Motion Puts forward a decision for consideration I move that we approve the annual report Motion to Amend Retains basic motion but modifies I move that we amend the motion to Substitute Motion Throws out basic motion and substitutes a new motion I move a substitute motion that Friendly Amendment Informal way to change a motion during discussion I want to suggest a friendly amendment to the motion

19 Multiple Motions Up to 3 motions are allowed on the floor at the same time Chair can reject a 4th motion When there are 2-3 motions pending, the motion last made is voted on first

20 Debatable/Not Debatable Basic rule: All motions are subject to full discussion and debate Exceptions: Motion to Adjourn Motion to recess Motion to fix time to adjourn Motion to table Motion to limit debate

21 Super Majority Vote A Super Majority vote is a 2/3 vote of the Commission (5 members) Motions that require a super majority vote: Motion to limit debate Motion for reconsideration

22 Withdrawing a Motion Motion maker can withdraw by interrupting the speaker and making a withdrawal Motion is immediately withdrawn, however, Chair may ask the member that seconded the motion if he/she wants to make the motion him/herself.

23 Reconsideration Special motion where after vigorous discussion, debate, and a vote, a matter is reopened subject to the following rules: Requires a super majority vote (5 members) [SMC D] Notwithstanding general rule in Rosenberg s Must be made at the same meeting where the item is voted upon Unless the Body votes to suspend the rule May only be made by a member who voted in the majority on the original motion Any member can second If the motion passes, the original matter is back before the body and a new motion is in order

24 Miscellaneous Government Code section Disclosure of campaign contributions $250 or more A member of the public shall not be required, as a condition to attendance at a meeting of a legislative body of a local agency, to register his or her name, to provide other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. [GC ] Cannot be required to fill out a blue card Cannot be required to provide name/address Pertains to both attendance and speech

25 Questions? If you think of something later, feel free to contact me via or phone.