Newark Municipal Code Ch. 2.08 City Council

A. Regular Meeting Time: The city council shall, by resolution, set the day and time of regular meetings of the city council. However, when the day fixed by resolution for any regular meeting of the city council falls on a day designated by law as a legal or national holiday, there shall be no meeting.

B. Regular Meeting Place: All regular meetings of the city council shall be held in the council chambers of the city or in any other location set forth in the posted notice of the regular meeting.

C. Special Meetings:

1. Time. The time of special meetings shall be at the hour specified in the posted notice of the meeting.

2. Place. Special meetings of the city council shall be held in the council chambers of the city or in any other location set forth in the posted notice of the special meeting.

D. Adjournment of Meetings: The city council may adjourn any regular, adjourned regular, special, or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular or adjourned regular meeting, the city clerk shall declare the meeting adjourned to a stated time and place, and shall cause a written notice of the adjournment to be given in the same manner as provided for special meetings, unless such notice is waived as provided for special meetings. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings by resolution.

(Ord. 382 § 1, 2002: Ord. 229 § 1, 1987; Ord. 51.4 § 2, 1966; Ord. 51.3-B § 1, 1965; Ord. 51 § 1(c), 1959)

(Ord. No. 523, § 2(Exh. A), 7-23-2020)

A special meeting may be called at any time by the mayor or by a majority of the members of the city council by delivering, personally or by mail, written notice to each member of the city council and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings by the city council. Such written notice may be dispensed with as to any member who, at or prior to the time the meeting convenes, files with the city clerk written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes.

(Ord. 51 § 2, 1959)

All reports, communications, ordinances, resolutions, documents, or other matters to be submitted to the council shall be delivered to the city clerk as far in advance of each council meeting as time for preparation will permit. The city clerk and the city manager shall arrange a list of the matters to be brought before the council according to the order of business and furnish each member of the council and the city attorney with a copy of the agenda in accordance with the provisions of the Ralph M. Brown Act (GC 54950, et seq.). No matter may be considered by the city council other than matters on the agenda, without the consent of a majority of the city council present at the meeting.

The agenda for regular meetings shall provide for a roll call, approval of minutes from previous meetings, approval of consent calendar items, scheduled public hearings, oral communications from citizens, ordinances proposed for adoption, and such other business as may be appropriate. The mayor may specify the order of business for any agenda, and shall have the authority to vary the order of business during the meeting.

(Ord. 51 § 3, 1959)

(Ord. No. 448, § 1, 3-10-2011; Ord. No. 523, § 2(Exh. A), 7-23-2020)

The mayor shall preside at the meetings of the council. If the mayor is absent or unable to act, the mayor pro tempore shall serve until the mayor returns or is able to act. The city council shall meet no later than the first regular meeting after the general municipal election has been certified by the Alameda County Registrar of Voters and no later than the first regular meeting of December of each nonelection year and choose one of its members as mayor pro tempore. The mayor pro tempore has all of the powers and duties of the mayor. In the event that both the mayor and the annually chosen mayor pro tempore are absent from a council meeting, the council member with the longest accumulated service on the city council shall serve as mayor pro tempore for that meeting. The presiding officer shall preserve strict order and decorum at all meetings of the council. He/she shall state every question coming before the council, announce the decision of the council, and decide all questions of order; subject, however, to an appeal to the council, in which event a majority vote of the council shall govern and conclusively determine such questions of order. He/she shall sign all ordinances and resolutions adopted by the council during his/her presence.

(Ord. 191 § 1, 1984: Ord. 51.7 § 1, 1979: Ord. 51 § 4, 1959)

(Ord. No. 448, § 1, 3-10-2011)

The mayor shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the council to order. 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.

(Ord. 51 § 5, 1959)

(Ord. No. 448, § 1, 3-10-2011)

A majority of the council constitutes a quorum for the transaction of business. Less than a majority may adjourn from time to time, and compel attendance of absent members in the manner and under the penalties prescribed by ordinance.

(Ord. 51 § 6, 1959)

(Ord. No. 448, § 1, 3-10-2011)

Editor's note— Ord. No. 523, § 2(Exh. A), adopted July 23, 2020, repealed § 2.08.070, which pertained to order of business and derived from Ord. No. 51, § 7, adopted in 1979; Ord. No. 51.1, § 2, adopted in 1979; Ord. No. 214, § 1, adopted in 1986; Ord. No. 328, § 1, adopted in 1998; Ord. No. 382, § 2, adopted in 2002; and Ord. No. 454, § 1, adopted April 12, 2012.

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 synopsis thereof.

(Ord. 51 § 8, 1959)

A. Presiding Officer May Debate and Vote. The mayor may move, second, and debate from the chair, subject only to such limitations of debate as are imposed by this section on all members, and shall not be deprived of any of the rights and privileges of a council member by reason of his/her acting as the presiding officer.

B. Getting the Floor. Every member desiring to speak shall address the chair, and upon recognition by the presiding officer, shall confine himself 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 is to call him/her to order, or as otherwise provided in this section. If a member, while speaking, is called to order, he/she shall cease speaking until the question of order be determined, and, if in order, he/she shall be permitted to proceed.

D. Privilege of Closing Debate. The council member 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 in this section 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.

F. Remarks of Council Member. A member of the council may request, through the presiding officer, the privilege of having an abstract of his/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. 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.

(Ord. 51 § 9, 1959)

(Ord. No. 448, § 1, 3-10-2011)

Any person desiring to address the council on any item on the agenda may do so at the time designated for that item after first being recognized by the presiding officer. Any person desiring to address the council on an item not on the agenda may do so at the time designated on the agenda as "oral communications" after first being recognized by the presiding officer.

(Ord. 214 § 2, 1986: Ord. 51 § 10, 1959)

After a motion is made by the council, no person shall address the council without first securing the permission of a majority of the council members present to do so.

(Ord. 51 § 11, 1959)

(Ord. No. 448, § 1, 3-10-2011)

Each person addressing the council shall step up before the council, may give his or her name and address in an audible tone of voice for the records, and unless further time is granted by a majority of the council members present, shall limit his/her address to five minutes. At the presiding officer's discretion, in order to accommodate all persons wishing to speak, or if the circumstances warrant, the five-minute limit may be modified. Each speaker may only speak once on each agenda item. All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than the council members 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 of a council member, a member of city staff, or a member of the audience except through the presiding officer.

In addition, under "oral communications" no immediate response is required by city staff or the council. The council may direct staff to place the item on the agenda of a future meeting. The presiding officer may, in the interest of time, limit the number of speakers wishing to address the council.

The presiding officer may direct that the communication be made to the city manager or other appropriate staff member during regular business hours, or in writing for subsequent submittal to council. Complaints may be referred to the city manager for appropriate action outside of the council meeting.

(Ord. 214 § 3, 1986: Ord. 51 § 12, 1986)

(Ord. No. 448, § 1, 3-10-2011)

In the event that any meeting is willfully interrupted by a person or a group of persons so as to render the orderly conduct of such meeting unfeasible, those individuals may be removed from the meeting room at the order of the presiding officer, unless permission to continue is granted by a majority vote of the council.

(Ord. 51 § 14, 1959)

(Ord. No. 448, § 1, 3-10-2011)

The chief of police, or such members of the police department as he/she may designate, shall be sergeant-at-arms of the council meetings, and shall be present at such meetings when requested by the mayor or city manager. He/she, or they, shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the council meeting. Any member of the council or other person using vulgar, profane, loud or boisterous language at any meeting, or otherwise interrupting the proceedings of the council, or who refuses to carry out orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the council meetings, or who interrupts proceedings, shall be guilty of an infraction.

(Ord. 51 § 15, 1959)

(Ord. No. 448, § 1, 3-10-2011)

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

(Ord. 51 § 16, 1959)

The only standing committee of the council shall be the committee of the whole. The mayor of the council shall be the presiding officer of the committee of the whole, and the rules of proceedings in the council shall be observed in the committee of the whole, as far as may be applicable.

(Ord. 51 § 17, 1959)

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

(Ord. 51 § 18, 1959)

A. Prior Approval by Administrative Staff. All ordinances, resolutions and contract documents shall, before presentation to the council, have been approved as to form and legality by the city attorney or his/her authorized representative, and shall have been examined and approved for administration by the city manager where there are substantive matters of administration involved. In the event the instrument does not meet a department head's approval, then the city manager shall so advise the council and give the reasons advanced by the department head for withholding approval.

B. Introducing for Passage or Approval.

1. Ordinances, resolutions, and other matters or subjects requiring action by the city council must be introduced and sponsored by a member of the council, except that the city manager or city attorney may present ordinances, resolutions and other matters or subjects to the council, and any council member may assume sponsorship thereof by moving that such ordinances, resolutions, matters or subjects be adopted; otherwise, they shall not be considered.

2. Ordinances shall not be passed within five days of their introduction, not at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except, when, after reading the title, further reading is waived by regular motion adopted by majority vote all ordinances shall be read in full either at the time of introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section.

3. Resolutions or orders for the payment of money shall be adopted or made only at a regular meeting or at a special meeting for which the notice of such special meeting specifies the business to be transacted.

4. Resolutions, orders for the payment of money, and all ordinances require a recorded majority vote of the total membership of the city council.

(Ord. 51 § 19, 1959)

(Ord. No. 448, § 1, 3-10-2011)

A motion to adjourn shall always be in order and decided without debate.

(Ord. 51 § 20, 1959)