Beaumont Municipal Code Ch. 2.04 City Council Rules of Procedure

Footnotes:

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Editor's note— Ord. No. 1126, § 3, adopted Oct. 6, 2020, amended Ch. 2.04 in its entirety to read as herein set out. Former Ch. 2.04, §§ 2.04.010—2.04.044, pertained to City Council meetings, and derived from Ord. 1059 adopted July 21, 2015.

Regular meetings of the City Council shall be held at such times and places as may be fixed by resolution duly adopted by the City Council.

(Ord. No. 1126, § 3, 10-6-2020)

If a regular meeting of the City Council falls on a legal holiday, such meeting shall be held on the next Wednesday not a legal holiday.

(Ord. No. 1126, § 3, 10-6-2020)

Notice of City Council Meetings shall be given in compliance with the Ralph M. Brown Act, as may be amended from time to time, and as required by California Law.

(Ord. No. 1126, § 3, 10-6-2020)

The City Council will utilize Rosenberg's Rules of Order: Simple Parliamentary Procedures for the 21st Century as guidance for parliamentary procedure for all City Council meetings. The Beaumont Planning Commission and other City Council created commissions and committees that are required to hold open meetings in compliance with the Ralph M. Brown Act, shall utilize Rosenberg's Rules of Order as guidance for parliamentary procedure during their respective meetings.

(Ord. No. 1126, § 3, 10-6-2020)

The Mayor shall be the Presiding Officer at all City Council meetings. In the absence of the Mayor, the Mayor Pro Tempore shall be the Presiding Officer. In the absence of both the Mayor and the Mayor Pro Tempore, the City Council shall elect a temporary Presiding Officer to serve until the arrival of the Mayor or Mayor Pro Tempore, or until adjournment.

(Ord. No. 1126, § 3, 10-6-2020)

The Mayor or Presiding Officer is responsible for the maintenance of order and decorum at all times. In the absence of a rule to govern a point of procedure, the decision of the Mayor or Presiding Officer shall be final and binding, unless overruled by a majority of a quorum of the Council. No person should be allowed to speak without first being recognized by the Mayor or Presiding Officer. A Council Member, once recognized by the Mayor or Presiding Officer, shall not be interrupted while speaking unless called to order by the Mayor or Presiding Officer. All questions and remarks should be addressed to the Mayor or Presiding Officer.

The Mayor or Presiding Officer may order any person or group to leave a meeting where said person or group, after warning, willfully interrupts a meeting so as to render the orderly conduct of the meeting unfeasible. If said person or group refuses to leave the meeting after being directed to do so by the Mayor or Presiding Officer, the Mayor or Presiding Officer may implement the procedures authorized by law to evict a disruptive person or group from the meeting and to restore order, including but not limited to the procedures authorized by Government Code Sections 54957.9 and 36813.

(Ord. No. 1126, § 3, 10-6-2020)

No City Council Member shall be allowed to speak more than once upon any one subject until every other City Council Member wishing to speak thereon shall have had the opportunity to speak. The Mayor and Council Members shall accord the utmost courtesy to each other, to City staff, and to the public appearing before the City Council and shall refrain at all times from rude or derogatory remarks.

(Ord. No. 1126, § 3, 10-6-2020)

A. During a City Council meeting, the Mayor or any member of the Council may direct the City Manager to place an item on a future agenda.

B. If a member of the City Council believes that their comments on any item will exceed five minutes, they shall ask the Mayor or Presiding Officer for additional time to speak on the item.

C. Public comments shall be limited to three minutes per person per agenda item unless otherwise authorized by majority vote.

(Ord. No. 1126, § 3, 10-6-2020)

The City Council selection of the Mayor and Mayor Pro Tempore shall occur annually at the first Council meeting in December during a year in which no Council Member seat is open for election or at the second regular or special Council meeting in December during a year in which Council Member seats are open for election. The Mayor and Mayor Pro Tempore selection shall occur by a seniority rotation process as follows:

A. The office of Mayor and Mayor Pro Tempore shall rotate each year based on the number of years each Council Member has been in office. Each Council Member shall be given a specified position in the rotation sequence. The first person in the sequence, as determined by tenure on the City Council, shall serve as Mayor. The second person in the sequence, shall serve as Mayor Pro Tempore.

B. After serving as Mayor, that Council Member moves to the end of the rotation sequence and the other four Council Members move forward, causing the Mayor Pro Tempore to become the Mayor.

C. The next Council Member in the rotation after the Mayor Pro Tempore shall then become the Mayor Pro Tempore.

D. When a Council Member is newly elected or appointed, the new Council Member is placed in the fourth position in the rotation, after all incumbents, but before the current outgoing Mayor.

E. If two or more Council Members are newly elected at the same time, the number of votes received in the election determines the Council Members position in the sequence, with the Council Member receiving the fewest votes placed last in the rotation but before the current outgoing Mayor.

F. Incumbent Council Members, when re-elected, retain their placement in the rotation.

G. If for any reason a Council Member is removed from the rotation, the remaining Council Members move forward in the sequence.

H. A Council Member may decline to serve as Mayor or Mayor Pro Tempore. In this case, the office would pass to the next Council Member on the list. The Council Member who declined may drop back one position in the rotation.

I. The selection of the Mayor and Mayor Pro Tempore must be ratified by three affirmative votes. If the Mayor or Mayor Pro Tempore fail to receive three affirmative votes, they retain their current position in the rotation and the office would pass to the next Council Member on the list, subject to ratification by three affirmative votes. This process continues until a Mayor and Mayor Pro Tempore are ratified by three affirmative votes. The newly selected Mayor and Mayor Pro Tempore shall be seated in their positions immediately after they have been approved by three affirmative Council Member votes.

J. The City Clerk shall keep and update a list outlining the rotational sequence.

K. A Council Member may serve as Mayor or Mayor Pro Tempore a total of two years during a four-year term of office on the Council, but shall not serve as Mayor or Mayor Pro Tempore in consecutive years.

(Ord. No. 1126, § 3, 10-6-2020)

The City Council shall appoint all City board and commission members as determined by Sections 2.24.040, 2.30.020, and 2.35.040. The following guidelines shall control the appointment process:

A. Members of the public may apply when a vacancy on a board or commission occurs. The City Council will conduct interviews of applicants at a City Council meeting once a sufficient number of applications have been received.

B. Upon completion of applicant interviews, Council Members may nominate applicants to be appointed to the board or commission. Once all nominations are received, a vote will be taken for each nomination beginning with the first applicant nominated. Council Members may vote multiple times if there are multiple vacancies for the board or commission.

C. If a nominee receives a majority vote from a quorum of the Council, that nominee shall be appointed to the board or commission.

(Ord. No. 1126, § 3, 10-6-2020)

At the first regular Council meeting after a new Mayor is installed, the Mayor shall appoint members to Boards and Commissions of outside agencies in the manner provided for herein. At said meeting, the Mayor shall announce the board or commission for which nominations will be considered and invite nominations from the Council. Once all nominations have been received for the specified position, the Mayor shall close nominations. If only one Council Member is nominated to a specified position, the Mayor shall appoint that Council Member to said Board or Commission. In the event more than one Council Member is nominated for a specified position, the Mayor shall ask the nominees if they are willing to serve in the specified position. If a Council Member declines to serve, that Council Member's nomination shall be withdrawn. The Council shall hold a discussion and receive statements from nominees where multiple willing Council Members have been nominated for a specified position. Thereafter, the Mayor shall make an appointment to the specified position from among the willing nominees. This process shall be continued until all open positions on boards and commissions of outside agencies are filled. If no nominations are received for a particular board or commission, the Mayor may appoint a Council Member to fill the position.

(Ord. No. 1126, § 3, 10-6-2020)

The following tasks are the responsibility of the Mayor or if the Mayor is unavailable the Mayor Pro Tempore or Presiding Officer.

A. To conduct meetings of the City Council as its chair.

B. Ensure decorum is maintained at the meeting.

C. To represent the City as its chief elected official at community functions, events, and meetings.

D. To review and propose additions to the agendas of meetings of the City Council.

E. Appoint individuals to ad hoc committees;

F. Serve as the primary spokesperson of the Council in communications with the press;

G. Sign all letters authorized by and on behalf of the Council.

(Ord. No. 1126, § 3, 10-6-2020)

City Council Members shall:

A. Treat each other, staff, and members of the public with courtesy and respect;

B. Maintain confidentiality of all closed session materials and discussion;

C. Be attentive to others and limit interruptions and distractions;

D. Encourage diverse viewpoints in debate while avoiding personal attacks;

E. Agree to respectfully disagree;

F. Promote discussion and resolution of problems;

G. Comply with and adhere to official decisions and policies of the City Council as approved by a majority of the Council;

H. Work in furtherance of the City's best interests;

I. Limit the use of texting and other forms of electronic messaging during Council Meetings to emergency situations.

(Ord. No. 1126, § 3, 10-6-2020)

Within 60 days of its occurrence, the City Council shall fill a vacancy on the City Council by appointment or by calling a special election in compliance with the Government Code. In the event the City Council chooses to fill the vacancy by appointment, the Mayor shall invite qualified individuals to apply for the vacant position. At a public meeting held in compliance with the Ralph M. Brown Act, the Council shall interview applicants for the vacant position. Upon completion of the applicant interviews, the Mayor shall request nominations for the vacant Council position. Once all nominations have been received for the vacant position, the Mayor shall close nominations and a vote shall be taken on the nominations in the order received. This process shall continue until such time as a nominee receives three affirmative votes of the Council. Upon a nominee receiving three affirmative Council Member votes, the nominee shall be sworn into office and assume the vacant Council position.

(Ord. No. 1126, § 3, 10-6-2020)