Gustine Municipal Code Art. 2 Organization and Procedure

Footnotes:

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State Law reference— Authority of council to establish rules for conduct of its proceedings, Government Code § 36813.

The mayor is elected by the people of the city. Such position shall be elected every two years with the term commencing at the first meeting following the general election certification. The mayor shall serve as the presiding officer of the meetings, responsible for the maintenance of order and decorum at all meetings.

(Ord. No. 447, 12-16-2008)

State Law reference— Selection of mayor, Government Code § 36801; mayor as presiding officer, Government Code § 36802; rights of mayor as councilmember, Government Code § 36803.

A mayor pro tempore shall be elected from among the councilmembers. The mayor pro tempore shall be elected every two years and shall preside when the mayor is absent.

State Law reference— Similar provisions, Government Code §§ 36801, 36802.

The city council shall hold regular meetings on the first and third Tuesdays of each month. The regular meeting time and location shall be established by resolution of the city council. When the day for any regular meeting falls on a city holiday, such meeting shall be at the same hour and place on the next succeeding day.

(Code 1966, § 2-1.01; Ord. No. 425, 8-4-2003; Ord. No. 426, § I(2-1.01), 10-4-2004; Ord. No. 428, § 4, 6-7-2005; Ord. No. 457, 2-15-2011)

State Law reference— Regular meetings, Government Code § 36805; meetings to be held at place designated by ordinance, Government Code § 36808.

Three voting members of the council shall constitute a quorum.

State Law reference— Similar provisions, Government Code § 36810.

All meetings shall be public, excepting closed sessions pursuant to state law. The city councilmembers who are disqualified from participation with respect to a matter to be discussed in closed session shall be excluded from the closed session and shall not knowingly receive any confidential communications with respect thereto.

State Law reference— Open meeting requirements, Government Code §§ 36808, 54950 et seq.

Every councilmember should vote unless disqualified by reason of conflict of interest. A councilmember who abstains from voting acknowledges that a majority of the quorum may decide the question voted upon.

Tie votes or a vote lacking the required number of affirmative votes shall constitute "no action," and the matter voted upon remains before the council and is subject to further council consideration. If the city council is unable to take action on a matter before it because of a tie vote or the lack of the required number of votes, the city clerk shall place the item on the next regular meeting of the city council for further consideration. If after subsequent consideration, the vote remains tied or the required affirmative votes are not obtained, the vote shall be deemed to result in failure of the pending motion or a denial of the requested action.