Hollister Municipal Code Ch. 2.04 City Council

Footnotes:

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Editor's note— Ord. No. 1202, adopted May. 3, 2021, repealed the former Ch. 2.04, §§ 2.04.010—2.04.290, and enacted a new Ch. 2.04 as set out herein. The former Ch. 2.04 pertained to similar subject matter and derived from Prior Code § 2-7—2-25, 2-25.4-2-25.9; Ord. 961, § 1, adopted 2001; Ord. 978, § 1, adopted 2002; Ord. 995, § 1, adopted 2005; Ord. 1080, § 1, adopted 2012; Ord. 1041, § 3, adopted 2009; Ord. 1037, § 1, adopted 2008; Ord. 1074, § 3, adopted 2011; Ord. 1080, § 1, adopted 2012; Ord. 1171, adopted 2018.

Policy Purpose. To assure that all elected and appointed officials, while exercising their office, conduct themselves in a manner that will instill public confidence and trust in the fair operation and integrity of Hollister's city government. The city of Hollister follows Rosenberg's Rules of order.

(Ord. 1202, 2021)

Ethics. The residents and businesses of Hollister are entitled to have fair, ethical and accountable local government. To this end, the public should have full confidence that their elected and appointed officials:

• Comply with both the letter and spirit of the laws and policies affecting the operations of government;

• Are independent, impartial and fair in their judgment and actions;

• Use their public office for the public good, not for personal gain; and

• Conduct public deliberations and processes openly, unless required by law to be confidential, in an atmosphere of respect and civility.

Therefore, members of the city council, city treasurer, and city clerk and of all boards, committees and commissions shall conduct themselves in accordance with the following ethical standards.

(Ord. 1202, 2021)

Recognizing that stewardship of the public interest must be their primary concern, members will work for the common good of the people of Hollister and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before them.

(Ord. 1202, 2021)

Members shall comply with the laws of the nation, the state of California and the city of Hollister in the performance of their public duties.

(Ord. 1202, 2021)

The professional and personal conduct of members while exercising their office must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of council, boards, committees and commissions, the staff or public.

(Ord. 1202, 2021)

Members shall perform their duties in accordance with the processes and rules of order established by the city council.

(Ord. 1202, 2021)

Members shall prepare themselves for public issues; listen courteously and attentively to all public discussions before the body; and focus on the business at hand.

For ease of reference the term "member" refers to any member of the Hollister city council, city treasurer, city clerk or city boards, committees and commissions established by city ordinance or council policy.

(Ord. 1202, 2021)

Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. When making adjudicative decisions (those decisions where the member is called upon to determine and apply facts peculiar to an individual case), members shall maintain an open mind until the conclusion of the hearing on the matter and shall base their decisions on the facts presented at the hearing and the law.

(Ord. 1202, 2021)

For adjudicative matters pending before the body, members shall refrain from receiving information outside of an open public meeting or the agenda materials, except on advice of the city attorney. Members shall publicly disclose substantive information that is relevant to a matter under consideration by the body which they may have received from sources outside of the public decision-making process.

(Ord. 1202, 2021)

In order to assure their independence and impartiality on behalf of the common good and compliance with conflict of interest laws, members shall use their best efforts to refrain from creating an appearance of impropriety in their actions and decisions. Members shall not use their official positions to influence government decisions in which they have (a) a material financial interest, (b) an organizational responsibility or personal relationship which may give the appearance of a conflict of interest, or (c) a strong personal bias.

A member who has a potential conflict of interest regarding a particular decision shall disclose the matter to the city attorney and reasonably cooperate with the city attorney to analyze the potential conflict. If advised by the city attorney to seek advice from the Fair Political Practices Commission (FPPC) or other appropriate state agency, a member shall not participate in a decision unless and until he or she has requested and received advice allowing the member to participate. A member shall diligently pursue obtaining such advice. The member shall provide the mayor and the city attorney a copy of any written request or advice, and conform his or her participation to the advice given. In providing assistance to members, the city attorney represents the city and not individual members.

In accordance with the law, members shall disclose investments, interests in real property, sources of income, and gifts; and if they have a conflict of interest regarding a particular decision, shall not, once the conflict is ascertained, participate in the decision and shall not discuss or comment on the matter in any way to any person including other members unless otherwise permitted by law.

(Ord. 1202, 2021)

Members shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office that is not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised.

(Ord. 1202, 2021)

Members must maintain the confidentiality of all written materials and verbal information provided to members, which is confidential or privileged. Members shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests. Members who disclose confidential information without proper legal authorization may be subject to those sanctions described in Section 2.04.030 of this Code.

(Ord. 1202, 2021; Ord. 1254, § 1, 2024)

Members shall not use public resources which are not available to the public in general (e.g., city staff time, equipment, supplies or facilities) for private gain or for personal purposes not otherwise authorized by law.

(Ord. 1202, 2021)

In keeping with their role as stewards of the public interest, members of council shall not appear on behalf of the private interests of third parties before the council or any board, committee, commission or proceeding of the city, nor shall members of boards, committees, and commissions appear before their own bodies or before the council on behalf of the private interest of their parties on matters related to the areas of service of their bodies.

(Ord. 1202, 2021; Ord. 1242, § 1, 2024)

Members shall represent the official policies or positions of the city council, board, committee or commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the city of Hollister, nor will they allow the inference that they do. Councilmembers and board, committee and commission members have the right to endorse candidates for all council seats or other elected offices. It is inappropriate to mention or display endorsements during council meetings, or board, committee and commission meetings, or other official city meetings.

(Ord. 1202, 2021)

Members shall respect and adhere to the council-manager structure of Hollister city government as outlined in the Hollister city Code. In this structure, the city council determines the policies of the city with the advice, information and analysis provided by city staff, boards, committees and commissions, and the public. Except as provided by the city Code, members shall not interfere with the administrative functions of the city or the professional duties of city staff; nor shall they impair the ability of staff to implement council policy decisions.

(Ord. 1202, 2021)

Because of the value of the independent advice of boards, committees and commissions to the public decision-making process, members of council shall refrain from using their position to unduly influence the deliberations or outcomes of board, committee and commission proceedings.

(Ord. 1202, 2021)

Members shall support the maintenance of a positive and constructive work place environment for city employees and for residents and businesses dealing with the city. Members shall recognize their special role in dealings with city employees to in no way create the perception of inappropriate direction to staff.

(Ord. 1202, 2021)

The conduct guidelines are designed to describe the manner in which elected and appointed officials must treat one another, city staff, constituents, and others they come into contact with representing the city of Hollister.

(Ord. 1202, 2021; Ord. 1242, § 2, 2024)

Elected and appointed officials are individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even though individuals may not agree on every issue.

1. Honor the role of the chair in maintaining order. It is the responsibility of the chair to keep the comments of members on track during public meetings. Members should honor efforts by the chair to focus discussion on current agenda items. If there is disagreement about the agenda or the chair's actions, those objections should be voiced politely and with reason, following procedures outlined in parliamentary procedure.

2. Practice civility and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of debate by a fee democracy in action. Free debate does not require nor justify belligerent, personal, impertinent, slanderous, threatening, abusive or disparaging comments, nor does it justify conduct intended to disrupt a meeting or encourage disorderly behavior.

3. Avoid personal comments that could offend other members and/or substantially impair the effective conduct of a meeting. If a member is personally offended by the remarks of another member, the offended member should make notes of the actual words used and call for a "point of personal privilege" that challenges the other member to justify or apologize for the language used. The chair will maintain control of this discussion.

(Ord. 1202, 2021; Ord. 1242, § 3, 2024)

Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony.

1. Be welcoming to speakers and treat them with care and gentleness. While questions of clarification may be asked, the official's primary role during public testimony is to listen.

2. Be fair and equitable in allocating public hearing time to individual speakers. The chair will determine and announce limits on speakers at the start of the public hearing process.

3. Practice active listening. It is disconcerting to speakers to have members not look at them when they are speaking. It is fine to look down at documents or to make notes, but reading for a long period of time or gazing around the room gives the appearance of disinterest. Members shall try to be conscious of facial expressions, and avoid those that could be interpreted as "smirking," disbelief, anger or boredom.

4. Maintain an open mind. Members of the public deserve an opportunity to influence the thinking of elected and appointed officials.

5. Ask for clarification, but avoid debate and argument with the public. Only the chair, not individual members, can interrupt a speaker during a presentation. However, a member can ask the chair for a point of order if the speaker is off the topic or exhibiting behavior or language the member finds disturbing.

(Ord. 1202, 2021)

Governance of a city relies on the cooperative efforts of elected officials, who set policy, appointed officials who advise the elected, and city staff who implement and administer the council's policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community.

1. Treat all Staff as Professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable.

2. Do Not Disrupt City Staff from Their Jobs. Elected and appointed officials should not disrupt city staff while they are in meetings, on the phone, or engrossed in performing their job functions in order to have their individual needs met. Do not attend city staff meetings unless requested by staff, even if the elected or appointed official does not say anything, his or her presence implies support, shows partiality, may intimidate staff, and hampers staff's ability to do their job objectively.

3. Never Publicly Criticize an Individual Employee. Elected and appointed officials should never express concerns about the performance of a city employee in public, to the employee directly, or to the employee's manager. Comments about staff performance should only be made to the City Manager through private correspondence or conversation. Appointed officials should make their comments regarding staff to the City Manager or the mayor.

4. Do Not Get Involved in Administrative Functions. Elected and appointed officials acting in their individual capacity must not attempt to influence city staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of city licenses and permits.

5. Do Not Solicit Political Support from Staff. Elected and appointed officials should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from city staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace.

6. No Attorney-Client Relationship. Members shall not seek to establish an attorney-client relationship with the city attorney, including his or her staff and attorneys contracted to work on behalf of the city. The city attorney represents the city and not individual members. Members who consult with the city attorney cannot enjoy or establish an attorney-client relationship with the attorney.

(Ord. 1202, 2021)

The city has established several boards, committees and commissions as a means of gathering more community input. Residents who serve on boards, committees and commissions become more involved in government and serve as advisors to the city council. They are a valuable resource to the city's leadership and should be treated with appreciation and respect.

1. If attending a board, committee or commission meeting, be careful to only express personal opinions. Councilmembers may attend any board, committee or commission meeting, which are always open to any member of the public. However, they should be sensitive to the way their participation, especially if it is on behalf of an individual, business or developer, could be viewed as unfairly affecting the process. Any public comments by a councilmember at a board, committee or commission meeting should be clearly made as individual opinion and not a representation of the feelings of the entire city council.

2. Limit contact with board, committee and commission members to questions of clarification. It is inappropriate for a councilmember to contact a board, committee or commission member to lobby on behalf of an individual, business, or developer, and vice versa. It is acceptable for councilmembers to contact board, committee or commission members in order to clarify a position taken by the board, committee or commission.

3. Respect that boards, committees and commissions serve the community, not individual councilmembers. The city council appoints individuals to serve on boards, committees and commissions, and it is the responsibility of boards, committees and commissions to follow policy established by the council. But board, committee and commission members do not report to individual councilmembers, nor should councilmembers feel they have the power or right to threaten board, committee and commission members with removal if they disagree about an issue. Appointment and re-appointment to a board, committee or commission should be based on such criteria as expertise, ability to work with staff and the public, and commitment to fulfilling official duties. A board, committee or commission appointment should not be used as a political "reward."

4. Be respectful of diverse opinions. A primary role of boards, committees and commissions is to represent many points of view in the community and to provide the council with advice based on a full spectrum of concerns and perspectives. Councilmembers may have a closer working relationship with some individuals serving on boards, committees and commissions, but must be fair and respectful of all residents serving on boards, committees and commissions.

5. Keep political support away from public forums. Board, committee and commission members may offer political support to a councilmember, but not in a public forum while conducting official duties. Conversely, councilmembers may support board, committee and commission members who are running for office, but not in an official forum in their capacity as a councilmember.

(Ord. 1202, 2021)

A. Acknowledge and Acceptance of the Provisions with Hollister Municipal Code, Chapter 2.04. Councilmembers who do not sign an acknowledgement that they have read, understand, and accept the provisions within Hollister Municipal Code, Chapter 2.04 shall be ineligible for intergovernmental assignments, council subcommittees, or to be appointed mayor pro tempore/vice mayor. Board, committee, and commission members who do not sign an acknowledgement that they have read, understand, and accept the provisions within Hollister Municipal Code, Chapter 2.04 are not eligible to hold office.

B. Ethics Training for Local Officials. Councilmembers, city treasurer, city clerk, board, committee, and commission members who are out of compliance with state or city mandated requirements for ethics training shall not represent the city on intergovernmental assignments or council subcommittees and may be subject to sanctions.

C. Behavior and Conduct. Hollister Municipal Code, Chapter 2.04 provides ethical and conduct standards for members of the Hollister City Council, boards, committees, and commissions. Members themselves have the primary responsibility to assure that ethical and conduct standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The chair of boards, committees and commissions, and the mayor and council have the additional responsibility to intervene when actions of members that appear to be in violation of the Hollister Municipal Code, Chapter 2.04 are brought to their attention.

D. Actions Constituting Willful Disruption of a Council Meeting. The following is a non-exhaustive list of actions that constitute willful disruption of a council meeting: (1) addressing council without first being recognized; (2) repetitiously addressing the same subject; (3) failing to relinquish the podium and/or dais when directed to do so; (4) unruly applause, whistles, yelling, or raucous demonstrations; (5) repeated and intentional disregard of calls to order by the presiding officer; and (6) intentionally encouraging or inciting disruptive behavior by other councilmembers or attendees at a council meeting.

E. Sanctions will remain in place for one year.

F. The city will not represent a city councilmember who brings action against the city in response to imposed sanctions.

Councilmembers. Councilmembers who intentionally fail to follow proper conduct standards, after reasonable warning and admonition, may be reprimanded or formally censured by the council, lose seniority or committee assignments (both within the city of Hollister and with intergovernmental agencies), lose the ability to be appointed as mayor pro tempore/vice mayor, or lose other privileges, such as the loss of travel and/or loss of the ability to allocate use of discretionary funds, afforded by the council. The discretionary funds of a councilmember who has lost the ability to allocate use of those funds will remain in the city budget, the use of which may be requested by a member of the community through another councilmember. The councilmember who receives the request for use of discretionary funds will bring the request to a future council meeting for approval by the remainder of the city council.

Serious actions that violate the code of ethics or code of conduct and which constitute a willful disruption of a council meeting or constitute a violation of Section 2.04.015.10 of this Code may lead to other sanctions including, but not limited to, a financial penalty. To provide notice of offending actions and allow a councilmember an opportunity to cease their conduct, the presiding officer shall immediately notify an offending councilmember that their actions may constitute a willful disruption of the council meeting and may lead to sanctions as a serious violation of the council's code of conduct. Assessment of a financial penalty for serious actions that willfully disrupt a council meeting must be approved by a four-fifths majority vote of the council.

The penalty amounts for serious actions that willfully disrupt a council meeting within a twelve-month period are:

First disciplinary action: $100.00

Second disciplinary action: $200.00

Third disciplinary action: $500.00

Additional disciplinary actions: $500.00

Councilmembers assessed a financial penalty for conduct that willfully disrupts a council meeting and is deemed a serious violation of the council's code of conduct shall be entitled to appeal the penalty by requesting an impartial hearing before a neutral third-party hearing officer. During the hearing, the councilmember shall be given the opportunity to testify and to present evidence concerning the actions being penalized.

After considering all the oral and written evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the penalty and shall list the reasons for that decision. The decision of the hearing officer shall be final.

Individual councilmembers should point out the offending councilmember's perceived violations of Hollister Municipal Code, Chapter 2.04. If the violations continue, the matter should be referred to the mayor in private. If the mayor is the individual whose actions are being questioned, then the matter should be referred to the vice mayor. It is the responsibility of the mayor (or vice mayor) to initiate action if a councilmember's behavior may warrant sanction. If no action is taken by the mayor (or vice mayor), then the alleged violations(s) can be brought up with the full council.

Board, Committee, and Commission Members. Counseling, verbal reprimands, and written warnings may be administered by the mayor to board, committee, and commission members to comply with city policy. These lower levels of sanctions shall be kept private to the degree allowed by law. Copies of all written reprimands administered by the mayor shall be distributed in memo format to the chair of the respective board, committee, or commission, the city clerk, the city attorney, the city manager, and the city council.

The city council may impose sanctions on board, committee, and commission members whose conduct does not comply with the city's policies, up to and including removal from office. Any form of discipline imposed by council shall be determined by a majority vote of at least a quorum of the council at a noticed public meeting and such action shall be preceded by a report to council with supporting documentation.

When deemed warranted, the mayor or majority of council may call for an investigation of board, committee, or commission member conduct. Also, should the city manager or city attorney believe an investigation is warranted, they shall confer with the mayor or council. The mayor or council shall ask the city manager or the city attorney to investigate the allegation and report the findings. When an investigation is called for by the mayor or a majority of council, the investigation shall be paid for with the discretionary funds of a councilmember as follows: If the final investigation does not include any sustained findings, the investigation shall be paid from the discretionary funds of the councilmember who made the motion to call for the investigation. If the investigation contains any sustained findings, the investigation shall be paid for with the discretionary funds of the councilmember who was the subject of the investigation. If the councilmember expected to pay for an investigation does not have sufficient discretionary funds in the current fiscal year, the councilmember will be required to pay from the discretionary funds in the following fiscal year, provided that councilmember discretionary funds are budgeted in the following fiscal year.

These sanctions are alternatives to any other remedy that might otherwise be available to remedy conduct that violates this Code or state or federal law. In order to protect and preserve good government, any individual, including the city manager and the city attorney, after complying with Rule 3-600(b) of the State Bar Rules of Professional Conduct, who knows or reasonably believes a member acts or intends or refuses to act in a manner that is or may be a violation of law reasonably imputable to the organization, or in a manner which is likely to result in substantial injury to the organization, may report the violation to the appropriate governmental authorities.

(Ord. 1202, 2021; Ord. 1242, § 4, 2024; Ord. 1254, § 2, 2024)

Hollister Municipal Code, Chapter 2.04 is intended to be self-enforcing and is a statement of the standards of conduct for members required by the city. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions.

This document shall be included in the regular orientations for candidates for city council, city treasurer, city clerk, applicants to board, committee and commissions, and newly elected and appointed officials. Members entering office shall sign a statement (example below) acknowledging they have read, understand, and accept the provisions within Hollister Municipal Code, Chapter 2.04. In addition, the Hollister Municipal Code, Chapter 2.04 shall be periodically reviewed by the city council, boards, committees, and commissions, and shall be updated as necessary.

Example:

I affirm that I have read, understand, and accept City of Hollister Municipal Code, Chapter 2.04 in its entirety for elected and appointed officials.

___________ ________ Signature Date

(Ord. 1202, 2021; Ord. 1242, § 5, 2024)

The city council shall hold regular meetings on the first and third Mondays of each month at the hour of 6:30 p.m. in the council chambers in city hall. If that Monday falls on a city observed holiday, the meeting will fall to the Tuesday after the holiday. Regular, adjourned, special and closed meetings shall be held in conformity with the provisions of Government Code, § 54950, et seq., and shall terminate at 10:00 p.m. unless the meeting is extended by the city council.

(Ord. 1202, 2021; Ord. 1251, § 1, 2024; Ord. 1258, § 1, 2025)

The mayor shall be elected at-large by voters to a two-year term, beginning in 2012. The mayor shall receive compensation of $200.00 per month in addition to that which the mayor receives as a councilmember. After new council members have been seated in election years and/or at a meeting in December the city council shall select one of its members to serve as mayor pro tempore for a term of one year. The vice mayor shall be chosen on a rotating basis in sequential order of districts.

(Ord. 1202, 2021)

Special committees are created for clearly specified purposes and as special investigative committees. They expire after they submit their final report. All special committees of the city council shall be appointed by the presiding officer, subject to council consensus.

(Ord. 1202, 2021)

A. All reports, communications, ordinances, resolutions, contract documents and other matters to be submitted to the city council shall be submitted to the city clerk not later than two Thursdays at noon prior to the next city council meeting. The schedule may be adjusted for holidays/trainings. (i.e., Thanksgiving holiday, the deadline would be moved up three days prior to the regular deadline.) The city clerk shall arrange the agenda according to the order of business provided for in section 2.04.090 and shall furnish a copy of it to each member of the city council, the city manager and the city attorney not later than 5:00 p.m. at least 72 hours preceding the date and time of the city council meeting, and/or by the desired date requested by the council. The agenda shall be available to the public at the city hall not later than 5:00 p.m. at least 72 hours preceding the date and time of the city council meeting.

B. The city council may take action on items of business not appearing on the agenda under any of the following conditions:

1. Upon a determination by a majority vote of the city council that an emergency situation exists, as defined in section 54956.5 of the Government Code;

2. Upon a determination by a two-thirds vote of the city council, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that the need to take action arose subsequent to the agenda being posted as specified in subdivision (a) of section 54954.2 of the Government Code; or

3. The item was posted pursuant to subdivision (a) of section 54954.2 of the Government Code for a prior meeting of the city council occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting that item was continued to the meeting at which the action is being taken.

(Ord. 1202, 2021)

The mayor or mayor pro tempore shall decide all questions of order at city council meetings, subject to appeal to the city council, and all such appeals shall be decided by a majority of the members present.

(Ord. 1202, 2021)

The mayor, or if the mayor is unavailable the mayor pro tempore, shall take the chair at the hour appointed for each city council meeting, or as soon thereafter as reasonably practicable, and shall immediately call the city council to order. In the absence of the mayor and the mayor pro tempore, the city clerk shall chair the meeting until one of the city councilmembers present is elected to serve as chair of the meeting pending arrival of the mayor or mayor pro tempore.

(Ord. 1202, 2021)

Before proceeding with the business of the city council at each city council meeting, the city clerk or the city clerk's deputy shall call the roll of the members and the names of those present shall be entered in the minutes of the meeting.

(Ord. 1202, 2021)

A majority of all the members elected to the city council shall constitute a quorum for transaction of business at each city council meeting. Less than a majority may adjourn from time to time.

(Ord. 1202, 2021)

All meetings of the city council shall be open to the public. Promptly at the hour set by law on the day of each regular meeting, the mayor, members of the city council, the city clerk, the city attorney and the city manager shall take their regular stations in the council chambers and the business of the city council shall be considered and disposed of, other than the introduction and adoption of ordinances, the appropriation of public money and in cases where the names of those who voted for and those who voted against a question are required by law or ordinance to be entered upon the minutes, regardless of order, the city council may, by a single vote, consider and dispose of any group or series of items of business. The following items may be placed on the agenda by the city clerk based on items submitted for each meeting:

1. Roll Call.

2. Closed Session.

3. Special Orders of the Day.

4. Public Input on Items not on the Agenda.

5. Consent Agenda.

6. Public Hearings.

7. Council Business.

8. Informational Reports:

a. Committee Assignments.

b. Council Reports.

c. City Manager Report.

d. Informational Memoranda.

9. COH Successor Housing Agency RDA (if needed).

10. COH Successor Agency of RDA (if needed).

11. Financing Authority (if needed).

12. Housing Authority (if needed).

13. Industrial Development Authority (if needed).

14. Adjournment.

(Ord. 1202, 2021; Ord. 1240, § 1, 2023)

Unless a reading of the minutes of a city council meeting is requested by a member of the city council, such minutes may be approved without reading if the city clerk has previously furnished each member with a synopsis thereof.

(Ord. 1202, 2021)

The following rules of debate shall govern all city council meetings:

A. The mayor or such other member of the city council as may be presiding may move, second, and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a city councilmember by reason of his or her acting as the presiding officer.

B. Every member desiring to speak shall address the chair, and, upon recognition by the presiding officer, shall confine himself or herself to the question under debate, avoiding all personalities and indecorous language.

C. A member, once recognized, shall not be interrupted when speaking unless it is to call the member to order, or as otherwise provided in this section. If a member, while speaking, is called to order, the member shall cease speaking until the question of order is determined, and if in order, the member shall be permitted to proceed.

D. The city councilmember moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.

E. Motions to reconsider will be followed in accordance with Rosenberg's Rules of Order.

F. A city councilmember may request, through the mayor, the privilege of having an abstract of the member's statement on any subject under consideration by the city council entered in the minutes. If the city council consents thereto, such statement shall be entered in the minutes.

G. The city clerk may be directed by the presiding officer with consent of the city council to enter in the minutes a synopsis of the discussion on any question coming regularly before the city council.

(Ord. 1202, 2021; Ord. 1242, § 6, 2024)

Upon the adoption or rejection of any motion or resolution at any city council meeting, the names of those who voted for and those who voted against the questions shall be entered upon the minutes, not only in the cases when required by law or this code or any other city ordinance but when any member of the city council may require it. In all appropriations of public money, the ayes and nays shall be called by the city clerk and recorded.

(Ord. 1202, 2021)

A. Any person desiring to address the city council at any city council meeting shall first secure the permission of the presiding officer to do so; provided, that on the following matters, unless the presiding officer rules otherwise, any qualified person may address the city council without securing such prior permission:

1. Interested parties or their authorized representatives may address the city council by written communications in regard to matters then under discussion.

2. Taxpayers, residents of the city or their authorized legal representatives may address the city council by oral communications on any matter concerning the city's business, or any matter over which the city council has control; provided, that preference shall be given to those persons who may have notified the city clerk in advance of their desire to speak in order that the same may appear on the agenda of the city council.

3. Interested persons or their authorized representatives may address the city council by reading of protests, petitions or communications relating to zoning, sewer and street proceedings, hearings on protests, appeals and petitions or similar matters, in regard to matters then under consideration.

B. After a motion is made by the city council at any city council meeting, no person shall address the city council without first securing the permission of the city council to do so.

(Ord. 1202, 2021)

Each person addressing the city council at any city council meeting shall come forward to the speaker's rostrum, give his or her name and address at the speaker's option in an audible tone of voice for the record and, unless further time is granted by the city council, shall have up to three minutes. All remarks shall be addressed to the city council as a body and not to any individual member thereof; and no person, other than a member of the city council and the individual having the floor, shall be permitted to comment upon such remarks while such individual has the floor, except by the express permission of the presiding officer. No question shall be asked of a city councilperson other than through the presiding officer.

1. Extending Time Limits. The mayor or mayor pro tem in the absence of the mayor, has the authority to extend the time limits for members of the public speaking or testifying during meetings of the city council. If the mayor or mayor pro tem extends the time limit for one member of the public, the mayor or mayor pro tem shall extend the time limit for all members of the public speaking on the same item.

2. Shortening Time Limits. The mayor or mayor pro tem in the absence of the mayor, has the authority to reduce the allowed time if necessary to accommodate a larger number of speakers.

3. In accordance with the Ralph M Brown Act, the city council and its advisory bodies shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body. This provision shall not apply to a meeting of the legislative body that utilizes simultaneous translation equipment in a manner that allows the legislative body to hear the translated public testimony simultaneously.

(Ord. 1202, 2021; Ord. 1245, § 1, 2024)

Unless a member of the city council at any city council meeting states that he or she is not voting, the member's silence shall be recorded as an affirmative vote.

(Ord. 1202, 2021)

A. While the city council is in session, the members shall preserve order and decorum and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the city council nor disturb any member while speaking or refuse to obey the orders of the city council or its presiding officer, except as otherwise provided in this chapter.

B. While city council is in session, all members shall refrain from texting, emailing or passing notes. Staff is excluded from this provision as texting may be necessary in conducting/arrangement of meetings behind the scene.

C. Any person making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the city council at any city council meeting shall be forthwith, by the presiding officer, barred from further audience before the city council, unless permission to continue is granted by a majority vote of the city council.

(Ord. 1202, 2021)

The chief of police or members of the police department or other members of the city staff may be designated by the city council to be sergeant at arms when, in the opinion of the presiding officer, the services of a sergeant at arms are necessary. The sergeant at arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the city council meeting. Any member of the city council or other person using vulgar, profane, loud or boisterous language at any meeting or otherwise interrupting the proceedings of the city council, or who refuses to carry out orders or instructions given by the presiding officer for the purpose of maintaining order and decorum at the city council meeting, or who interrupts proceedings shall, upon conviction, be deemed guilty of a violation of this chapter and punished as provided for in Section 36901 of the state Government Code. Upon instructions of the presiding officer, it shall be the duty of the sergeant at arms to place under arrest any person who violates the order or decorum of the meeting. For the purposes of this section, a criminal complaint shall be signed by the presiding officer

(Ord. 1202, 2021)

Any member of the city council shall have the right to have the reasons for the member's dissent from, or protest against, any action of the city council entered on the minutes of the meeting.

(Ord. 1202, 2021)

Except for the mayor, members of the city council shall be elected by districts. The title of the office of the councilmember shall bear the number accorded the district of such member.

(Ord. 1202, 2021)

The city is divided into four geographic council districts, numbered consecutively from one to four, inclusive, the respective boundaries of which have been adjusted in accordance with the results of the 2020 United States Census. A map of the district boundaries is set forth in attachment A, attached to and incorporated into the ordinance codified in this chapter approving the establishment of four council districts, and shall be maintained on file in the office of the city clerk.

(Ord. 1202, 2021; Ord. 1206, § 2, 2022)

Upon the publication of the results of each United States Decennial Census, district boundaries shall be drawn to create districts as nearly equal in population as may be, as required by the United States and California Constitutions, and modified thereafter, if necessary, to maintain such equality in population. In changing the boundaries of districts, consideration shall be given to the following factors: topography, geography, cohesiveness, continuity, integrity and compactness of territory, community of interest of the districts, existing neighborhoods and community boundaries.

(Ord. 1202, 2021)

Within six months of the publication of the results of each United States Decennial Census, the city council shall examine the boundaries of each district for compliance with the standards set forth in Section 2.04.250, and, if necessary, after four public hearings, by ordinance change or modify the boundaries of the districts to bring the districts in compliance with current California State Laws.

(Ord. 1202, 2021; Ord. 1206, § 3, 2022)

When property is annexed to the city, it shall, by ordinance, be annexed to the district or districts immediately contiguous to such property, and any requirement elsewhere that a person be a qualified elector of the city for a period of time prior to his or her election or appointment as a councilmember shall be deemed met if the person was a qualified elector of the area annexed, or of the area annexed and of the city, for the required period of time prior to his or her election or appointment.

(Ord. 1202, 2021)

A person is not eligible to hold office as a member of the city council unless he or she is otherwise qualified, resides in the district, and both resided in the geographical area making up the district from which he or she is elected and was a registered voter of the city at the time nomination papers are issued to the candidate, as provided in the California Elections Code. Any member of the city council moving from that member's district during his or her term of office shall immediately and automatically forfeit his or her office.

(Ord. 1202, 2021)

Registered voters signing nomination petitions or voting for a member of the city council shall be residents of the geographical area making up the district from which the member is to be elected.

(Ord. 1202, 2021)

A vacancy on the city council, from whatever cause, may be filled by appointment by the city council from the electors of the district in which the vacancy occurs. A person appointed to fill a vacancy shall hold office for the unexpired term of his or her predecessor.

(Ord. 1202, 2021)

Members of the city council holding office at the time the ordinance codified in this chapter reducing the number of council districts from five to four takes effect shall continue in office until their respective successors are elected and qualified. In the November 2012 municipal election, a councilmember will be elected in Council District 1 and in Council District 4.

(Ord. 1202, 2021)

A. The salary of each member of the city council shall be $400.00 per month.

B. Effective the date of the November 2024 city council election, the salary of each member of the city council shall increase to $820.00 per month, as authorized by Government Code Sections 36516 and 36516(5).

(Ord. 1202, 2021; Ord. 1234, § 1, 2023)

The city council, or designee, may issue a subpoena pursuant to section 37104, et seq., of the California Government Code requiring attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before it, so long as it serves any valid purpose within the jurisdiction of the city council.

(Ord. 1202, 2021)

A. Each candidate for Hollister City Council may prepare a statement of qualification on an appropriate form provided by the city clerk. Such statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate. The statement may make no reference to another candidate. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations. Such statement shall be filed in the office of the city clerk when the candidate's nomination papers are returned for filing. It may be withdrawn but not changed during the period for filing nomination papers and until five p.m. of the next working day after the close of the nomination period. No candidate will be permitted to include additional materials in the sample ballot.

B. No fee or charge shall be collected by the city clerk for the filing of any report or statement or for the forms upon which the reports or statements are to be prepared. The costs of printing, handling, and translating any statement submitted by a qualified candidate pursuant to this section shall be paid by the city.

C. The city clerk shall reject any statement which contains any obscene, libelous, or defamatory matter, which violates the constitutional or civil rights of any person, or which is prohibited by state or federal law from being circulated through the mail.

D. The city clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

(Ord. 1250, § 1, 2024)

A. Mayoral Service. A person may serve no more than the following terms as mayor:

1. If a full mayoral term remains two years, no more than four consecutive full terms of service, for a total of eight consecutive years.

2. If a full mayoral term is changed to four years by Hollister voters, no more than two consecutive full terms of service, for a total of eight consecutive years.

3. Any person whose mayoral service has reached the applicable term limit set forth herein shall not be eligible to hold office again as mayor for four years following the conclusion of the person's last term of office as mayor.

B. Council Member Service. A person may serve no more than two consecutive full terms of service as a council member. Any person whose council member service has reached the applicable term limit set forth herein shall not be eligible to hold office again as a council member for four years following the conclusion of the person's last term of office as a council member.

C. For purposes of this section, "term" shall mean the following:

1. Any full term of service (four years for council members and two or four years for mayor, as applicable) for which a person was nominated, including as a write-in candidate, and to which he or she was elected to office at any general municipal election, occurring on or after November 5, 2024, and which was completely served by the person until the term's scheduled expiration;

2. Any full term of service (four years for council members and two or four years for Mayor, as applicable) to which a person was appointed by the city council in lieu of a general municipal election, pursuant to California Elections Code § 10229 or similar law, occurring on or after November 5, 2024, and which was completely served by the person until the term's scheduled expiration;

3. Any full term of service described in paragraphs 1. and 2. above, which was not completely served by the person, but which terminated prior to the scheduled expiration of the term due to any of the following:

a. The officer's seat is lawfully declared vacant during that term for any reasons other than resignation;

b. The officer is lawfully recalled from office by the voters during that term;

c. The officer has legally forfeited his or her elected office under applicable federal or state law during that term; or

d. If the officer vacates his or her office due to resignation:

(i) If the resignation occurs with more than one year remaining in his or her current term, this shall not count as a "full term" against the term limit.

(ii) If the resignation occurs with one year or less remaining in his or her current term, this shall count as a "full term" against the two-term limit.

D. For purposes of this section, "term" shall not mean any of the following:

1. Any full term of service (four years for council members and two years for mayor) for which a person was nominated, including as a write-in candidate, and to which he or she was elected to office at any general municipal election, occurring prior to November 5, 2024; or

2. Any full term of service (four years for council members and two years for mayor) to which a person was appointed by the city council in lieu of a general municipal election, pursuant to California Elections Code § 10229 or any similar law, occurring prior to November 5, 2024; or

3. Any partial term to which a person has been specially elected or appointed to the office of mayor or council member pursuant to recall election or to fill a mid-term vacancy, pursuant to state law.

E. Any person whose mayoral service has reached the applicable term limit set forth herein and is not eligible to hold office as mayor may run for a council member office if that person is otherwise legally qualified to serve in that office. Any person whose council member service has reached the applicable term limit set forth herein and is not eligible to hold office as a council member may run for mayoral office if that person is otherwise legally qualified to serve in that office.

F. The city clerk, or other election official authorized by law, shall not accept or verify the signatures on any nomination paper for any person, including any paper for the purpose of seeking election as a write-in candidate, nor shall he or she certify or place on the list of certified candidates, nor print or cause to be printed on any ballot, voter information guide, sample ballot or ballot label, the name of any person whose candidacy, if successful, will result in a new mayoral or city council member term that exceeds the limits set forth herein.

G. Notwithstanding paragraph D.3 above, no person whose mayoral service has reached the applicable term limit set forth herein and who is not eligible to hold office as mayor may be appointed to serve as mayor, whether said appointment is in lieu of a general municipal election, pursuant to California Elections Code § 10229, or to fill a vacancy in the office of mayor pursuant to state law. Notwithstanding subsection D.3 above, no person whose council member service has reached the applicable term limit set forth herein and who is not eligible to hold office as a council member may be appointed to serve as a council member, whether said appointment is in lieu of a general municipal election, pursuant to California Elections Code § 10229, or to fill a vacancy in a council member office pursuant to state law.

H. Notwithstanding paragraph D.3 above, no person whose mayoral service has reached the applicable term limit set forth herein and who is not eligible to hold office as mayor may run for special election to fill a vacancy in the office of mayor pursuant to state law. Notwithstanding subsection D.3 above, no person whose council member service has reached the applicable term limit set forth herein and who is not eligible to hold office as a council member may run for special election to fill a vacancy in a council member office pursuant to state law.

(Ord. No. 1226, § 1, 2022)

Editor's note— Ord. No. 1226, § 1, adopted Nov. 8, 2022, set out provisions intended for use as § 2.04.300. Inasmuch as there were already provisions so designated, said section has been codified herein as § 2.04.350 at the discretion of the editor.