Fresno Municipal Code Art. 3 Council Meetings and Rules of Order

The Council shall hold regular meetings and shall provide the time, place, and manner of holding its meetings by resolution.

(Rep. and Added Ord. 6033, 1961; based on former Sec. 2-503 and 2-504; Am. Ord. 67-64, 1967; Am. Ord. 69-52, 1969; Am. Ord. 73-113, § 1, eff. 8-26-73; Am. Ord. 73-170, § 1, eff. 11-29-73; Am. Ord. 77-18, § 1, eff. 3-20-77; Am. Ord. 77-87, § 1, eff. 8-26-77; Am. Ord. 90-7, § 1, eff. 2-9-90; Am. Ord. 96-67, § 1, eff. 11-22-96; Am. Ord. 2007-55, § 4, eff. 9-4-07).

Special meetings of the Council may be held at any time upon the call of the President of the Council or, in his/her absence or unwillingness to make such call, upon the call of a majority of the members of said Council. Notice of any such meeting shall be given in accordance with the Ralph M. Brown Act, Government Code Sections 54950 et seq., as amended.

(Rep. and Added Ord. 6033, 1961, based on former Sec. 2-505; Am. Ord. 96-67, § 1, eff. 11-22-96; Added Ord. 2007-55, § 4, eff. 9-4-07).

(a) Procedure. All reports, communications, ordinances, resolutions, contract documents, and other matters to be submitted to the Council shall be delivered to the City Clerk prior to 5 p.m. of the fifth business day prior to the Council meeting at which they are to be submitted. The City Clerk shall prepare an agenda of such matters according to the order of business as determined by the Council, and furnish each member of the Council, the Mayor, the City Manager, City Attorney, and department directors with a copy of the same prior to the Council meeting, and as far in advance of the meeting as time for preparation will permit. No item shall be submitted to the Council, except in accordance with the foregoing procedure. In accordance with statutory exceptions of the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended, the Council may discuss and consider an item not on the agenda.

(b) State Law. The Agenda shall be posted and prepared in accordance with the Ralph M. Brown Act, Government Code Sections 54950 et seq., as amended.

(Rep. and Added Ord. 6033, 1961; Am. Ord. 6369, 1964; Am. Ord. 96-67, § 1, eff. 11-22-96; Am. Ord. 2007-55, § 4, eff. 9-4-07; Am. Ord. 2009-10, § 1, eff. 4-26-09).

The President of the Council shall be the presiding officer of the Council. The presiding officer shall preserve strict order and decorum at all regular and special meetings of the Council. The President shall state every question coming before the Council, announce the decision of the Council on all subjects and decide all questions of order, subject to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order. The President shall vote on all questions, and in roll call votes the President's name shall be called last.

(Rep. and Added Ord. 6033, 1961; Am. Ord. 96-67, § 1, eff. 11-22-96; Added Ord. 2007-55, § 4, eff. 9-4-07).

The President of the Council, or in his or her absence, the Acting President, shall take the chair precisely at the hour appointed for the meeting and shall immediately call the Council to order. In the absence of the President of the Council and Acting President, the City Clerk shall call the Council to order, whereupon a temporary chairperson shall be elected by the members of the Council present. Upon the arrival of the President of the Council or Acting President, the temporary chairperson shall relinquish the chair upon the conclusion of the item of business immediately before the Council.

(Rep. and Added Ord. 6033, 1961; Am. Ord. 96-67, § 1, eff. 11-22-96; Added Ord. 2007-55, § 4, eff. 9-4-07).

Before proceeding with the business of the Council, the City Clerk or his/her deputy shall call the roll of the members, and the names of those present shall be entered in the minutes.

(Rep. and Added Ord. 6033, 1961; Am. Ord. 96-67, § 1, eff. 11-22-96; Added Ord. 2007-55, § 4, eff. 9-4-07).

A majority of all the members elected to the Council shall constitute a quorum at any regular or special meeting of the Council. A vote of the majority of the quorum shall be sufficient to pass or adopt any motion, order or resolution, other than an ordinance or a resolution required by the Charter or other applicable law to have a greater vote for adoption.

(Added Ord. 6033, 1961; based on former Sec. 2-506; Am. Ord. 96-67, § 1, eff. 11-22-96; Am. Ord. 2007-55, § 4, eff. 9-4-07).

All meetings of the Council shall be open to the public, except closed sessions permitted under the Ralph M. Brown Act, and Government Code Sections 54950 et seq., as amended. Promptly at the hour set on the day of each regular meeting, the members of the Council, the City Manager, the City Clerk, and the City Attorney shall take their regular stations in the Council Chamber, and the business of the Council shall be taken up for consideration and disposition in the order determined by Council resolution. Such order of business may be altered in any particular instance with the approval of the Council.

(Added Ord. 6033, 1961; Am. Ord. 6704, 1965; Am. Ord. 96-67, § 1, eff. 11-22-96; Am. Ord. 2007-55, § 4, eff. 9-4-07).

Unless a reading of the minutes of a Council meeting is requested by a member of the Council, such minutes may be approved without reading if the Clerk has previously furnished each member with a copy thereof.

(Added Ord. 6033, 1961; Am. Ord. 96-67, § 1, eff. 11-22-96; Am. Ord. 2007-55, § 4, eff. 9-4-07).

(a) Presiding Officer May Debate And Vote. The President of the Council or such other member of the Council as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are by Council Resolution or this Section imposed on all members.

(b) Getting The Floor—Improper References To Be Avoided. Every member desiring to speak shall address the chair, and, upon recognition by the presiding officer, shall confine any comments to the question under debate, avoiding all personalities and indecorous language.

(c) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call him or her to order, or as herein otherwise provided. If a councilmember, while speaking, is called to order, the councilmember shall cease speaking until the question of order is determined, and, if in order, he/she shall be permitted to proceed.

(d) Privilege Of Closing Debate. The Councilmember moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.

(e) Motion To Reconsider. A motion to reconsider any action taken by the Council may be made only on the day such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion must be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions or while a member has the floor; it shall be debatable. Nothing herein shall be construed to prevent any member of the Council from making or remaking the same or any other motion at a subsequent meeting of the Council so long as the ability to make such motion meets the requirements of applicable laws.

Notwithstanding this subsection, when the Mayor makes a written request for Council reconsideration in accordance with Article 3 of Chapter 2 of this Code and Charter Section 605(d), the Council shall reconsider the action without a motion to reconsider.

(f) Remarks Of Councilmember - When Entered In Minutes. A Councilmember may request, through the presiding officer, the privilege of having an abstract of his or her statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes.

(g) Synopsis Of Debate - When Entered In Minutes. The Clerk may be directed by the presiding officer, with consent of the Council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Council.

(Added Ord. 6033, 1961; Am. Ord. 96-67, § 1, eff. 11-22-96; Am. Ord. 2007-55, § 4, eff. 9-4-07).

Any person desiring to address the Council, at any time, shall first secure the permission of the presiding officer.

(Added Ord. 6033, 1961; Am. Ord. 96-67, § 1, eff. 11-22-96; Am. Ord. 2007-55, § 4, eff. 9-4-07).

Each person addressing the Council shall step up to the microphone. A person addressing the Council will be asked, but not required, to give his or her name and address in an audible tone of voice for the city's records. Unless further time is granted by the Council, speakers will be limited to three minutes. All remarks shall be addressed to the Council as a body and not to any member thereof. Consistent with the American with Disabilities Act, alternative methods of addressing the Council shall be allowed for persons with disabilities. No person, other than the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the presiding officer. No question shall be asked a Councilmember except through the presiding officer.

(Added Ord. 6033, 1961; Am. Ord. 73-132, § 1, eff. 10-7-73; Am. Ord. 96-67, § 1, eff. 11-22-96; Am. Ord. 2007-55, § 4, eff. 9-4-07; Am. Ord. 2011-6, § 3, eff. 4-10-11).

Unless a member of the Council states that he or she is not voting, silence shall be recorded as an affirmative vote.

(Added Ord. 6033, 1961; Am. Ord. 96-67, § 1, eff. 11-22-96; Am. Ord. 2007-55, § 4, eff. 9-4-07).

(a) By Councilmembers. While the Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refuse to obey the orders of the Council or its presiding officer, except as otherwise herein provided.

(b) By Persons. While the Council is in session, all persons must preserve order and decorum. No person shall engage in conduct or speech which is designed to or is likely to provoke others to violent or riotous behavior, which disturbs the peace of the meeting by loud and unreasonable noise, which is irrelevant or repetitive, or which disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting.

(c) Breach of Decorum. The presiding officer shall request that a person who is breaching the rules of decorum cease such conduct. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer may order the person to leave the Council meeting. If such person does not leave, the presiding officer may request the Police Department, or City Hall security personnel pending arrival of Police Department personnel, to take appropriate action.

Any person who resists removal may be charged with a violation of this Section and shall be guilty of a misdemeanor.

(Added Ord. 6033, 1961; Am. Ord. 68-56, 1968; Am. Ord. 96-67, § 1, eff. 11-22-96; Am. Ord. 2001-9, § 1, eff. 3-18-01; Am. Ord. 2007-55, § 4, eff. 9-4-07).

No person, except city officials and their representatives may be permitted beyond the podium in the Council Chamber without the express consent of the Council.

(Added Ord. 6033, 1961; Am. Ord. 96-67, § 1, eff. 11-22-96; Am. Ord. 2007-55, § 4, eff. 9-4-07).

All special committees shall be appointed by the presiding officer, unless otherwise directed by the Council.

(Added Ord. 6033, 1961; Am. Ord. 96-67, § 1, eff. 11-22-96; Added Ord. 2007-55, § 4, eff. 9-4-07).

At the time of the adoption of an ordinance after reading of the title, any member of the Council may request the reading of the ordinance in full. If no such request is made, the reading of the ordinance in full shall be deemed to have been waived by the Council. If a member requests the reading of an ordinance in full, its reading can only be waived by a vote of four members of the Council.

(Added Ord. 6033, 1961; Am. Ord. 96-67, § 1, eff. 11-22-96; Am. Ord. 2007-55, § 4, eff. 9-4-07).

The rules set forth in this article shall serve as the primary Rules of Procedure for Council meetings. The Council may supplement those rules by the adoption of Council resolutions. The Council may also use the current edition of ROBERT'S RULES OF ORDER, NEWLY REVISED. It is understood that Robert's Rules are a guide only and may not be used to violate mandatory charter, code, or statutory provisions which may govern a particular matter.

(Added Ord. 2007-55, § 4, eff. 9-4-07).

(a) City officials and employees, and former City officials or employees, providing written materials or an image of written materials, or disclosing the content of materials, that are clearly marked "Confidential Closed Session Attorney-Client Privileged" or disclosing the content of closed session attorney-client privileged discussions, to any unauthorized person is prohibited. For the purpose of this Section, "unauthorized person" shall mean any person or entity to whom disclosure is not approved in advance by a majority vote of Council, or in advance in writing by the City Attorney.

(b) Whistleblower Protection. If an official or employee has a reasonable good faith belief that one or more other city officials or employees are violating the law, but the belief is based upon confidential closed session attorney-client privileged communication or records, then that official or employee may then contact law enforcement authorities and disclose that confidential information necessary to address the claimed legal violation. Compliance with this paragraph shall not constitute a violation of this ordinance.

(c) A waiver of the closed session attorney-client privilege may be approved only by Council majority vote or pursuant to a claim or defense asserted by the City Attorney in a legal matter.

(d) If a person has any concern whether particular information or records are confidential and subject to this ordinance, that person may contact the City Attorney for written advice. If that person then follows the written advice provided by the City Attorney that the particular information or records are not confidential or may be disclosed to a certain person, then that shall constitute a complete defense to a claim of violation of this ordinance.

(e) The City Attorney, or independent counsel hired by the City Attorney or the Council, may prosecute willful violations as a misdemeanor with maximum penalties as set forth in this code. If a city elected official is suspected of violating this Section, the Council will hold a closed session and give direction on how to proceed.

(Added Ord. 2019-043, § 1, eff. 12-21-19).