Santa Ana Municipal Code § 2-105 Voting by members—Disqualifications and abstentions

Footnotes:

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Cross reference— Uniform hearing and appeal procedure, Ch. 3.

(a) Regular meetings of the city council shall be held on such days and times and in such places established by resolution of the city council.

(b) All actions undertaken regarding the scheduling or conducting of meetings of the city council shall be in accordance with The Ralph M. Brown Act found at Chapter 9, Part 1 of Division 2 of Title 5 of the California Government beginning with Section 54950, as existing now or as may be amended from time to time. Further references in this chapter to the Brown Act shall be in reference to such provisions.

(Code 1952, § 2100; Ord. No. NS-786, § 1, 3-15-65; Ord. No. NS-1298, § 1, 2-4-76; Ord. No. NS-1454, 10-2-78; Ord. No. NS-1605, § 1, 11-2-81; Ord. No. NS-1800, § 1, 10-14-85; Ord. No. NS-1885, § 1, 1-5-87; Ord. No. NS-1971, 8-15-88; Ord. No. NS-2023, § 1, 8-21-89; Ord. No. NS-2071, § 1, 8-6-90; Ord. No. NS-2125, § 1, 4-15-91; Ord. No. NS-2762, § 2, 3-3-08)

Editor's note— Ord. No. NS-2762, § 2, adopted March 3, 2008, changed the title of § 2-100 from "Council meetings; time and place" to "Council meetings, time and place; applicability of state law."

Charter reference— See § 409.

The newly elected council shall convene as set forth in the Santa Ana Charter. The newly elected council shall proceed to organize, and the newly elected mayor shall immediately become the presiding officer. The council shall thereafter elect a mayor pro tem by a majority vote of the council.

At any subsequent meeting of the council, in the absence of the mayor and the mayor pro tem the clerk of the council shall call the council to order and call the roll of the members. If a quorum is found to be present, the council shall, by majority vote of those present, elect a chairman of the meeting to act during the meeting or until one (1) of the regularly designated presiding officers shall appear.

The mayor pro tem shall have the same authority as the Mayor has to execute contracts on behalf of the City Council, even in circumstances when the mayor is not absent, but where the mayor cannot or will not execute a contract approved by the City Council due to legal or personal reasons.

(Code 1952, § 2100.1; Ord. No. NS-786, § 1, 3-15-65; Ord. No. NS-1972, § 1, 8-15-88; Ord. No. NS-2716, § 2, 7-3-06; Ord. No. NS-2936, § 1, 1-16-18)

Editor's note— Ord. No. NS-2936, § 1, adopted January 16, 2018, amended § 2-101 to read as set out herein. Previously § 2-101 was titled "Organization."

Charter reference— See §§ 404, 405.

The mayor shall have the right to appoint an acting mayor pro tem when, in his or her judgment, neither the mayor nor the mayor pro tem are able to attend to any public function requiring the mayor's presence, either in his or her official or unofficial capacity.

(Ord. No. NS-1260, § 2, 6-16-75; Ord. No. NS-1972, § 2, 8-15-88)

Only duly elected and acting city councilmembers of the City of Santa Ana shall be eligible to be appointed as acting mayor pro tem. Appointments shall be made in a successive rotational order from a list composed for such purpose at the first meeting of the city council following any municipal election. The list shall be composed of the names of all the duly elected and acting members of the city council other than the mayor and mayor pro tem drawn in random order. The list shall be revised following each election of the city council to reflect such changes in the composition of the city council, which shall be accomplished by deleting from said list the names of those persons not reelected to office, and adding to the end thereof the names of such newly elected councilmen.

(Ord. No. NS-1260, § 2, 6-16-75; Ord. No. NS-1972, § 3, 8-15-88)

The acting mayor pro tem shall be the agent of the duly elected and acting mayor of the City of Santa Ana, and shall be the mayor's representative for the purpose for which he or she was appointed, and his or her duties and obligations shall be those assigned by the mayor with such limitations as the mayor or city council shall reasonably impose, including limitations on purpose and length of appointment.

(Ord. No. NS-1260, § 2, 6-16-75; Ord. No. NS-1972, § 4, 8-15-88)

The acting mayor pro tem shall not be entitled to any additional compensation over and above that which is his or her normal and usual compensation as a councilmember for the City of Santa Ana. The acting mayor pro tem may be reimbursed for reasonable expenses incurred in the performance of his or her duties as acting mayor pro tem.

(Ord. No. NS-1260, § 2, 6-16-75; Ord. No. NS-1972, § 5, 8-15-88)

Once appointed by the mayor, the acting mayor pro tem may be introduced at all public gatherings as the acting mayor pro tem of the City of Santa Ana, and shall be afforded all of the rights and privileges usually afforded the mayor in similar circumstances. The acting mayor pro tem shall be provided with credentials, letters of introduction, or written authority wherever the same is required, in order for him or her to effectively act on behalf of the City of Santa Ana.

(Ord. No. NS-1260, § 2, 6-16-75; Ord. No. NS-1972, § 6, 8-15-88)

The appointment of the acting mayor pro tem by the duly elected mayor of the City of Santa Ana shall in no manner be deemed a permanent appointment of acting mayor pro tem, nor shall said appointment in any manner create any priority for future similar appointments. The acting mayor pro tem appointment shall be at the pleasure of the mayor and subject to recall by the city council. The appointment of an acting mayor pro tem shall be limited by the mayor in time and purpose, and in no circumstances shall extend beyond that time reasonably required to perform the designated appearance.

(Ord. No. NS-1260, § 2, 6-16-75; Ord. No. NS-1972, § 7, 8-15-88)

The clerk of the council shall prepare an agenda for each regular and special meeting of the council as directed by the council by resolution or motion. The agenda shall comply with the Brown Act.

(Code 1952, § 2100.2; Ord. No. NS-786, § 1, 3-15-65; Ord. No. NS-1206, § 1, 6-3-74; Ord. No. NS-1885, § 2, 1-5-87; Ord. No. NS-2094, § 1, 11-19-90; Ord. No. NS-2762, § 3, 3-3-08)

Editor's note— Ord. No. NS-2762, § 4, adopted March 3, 2008, repealed § 2-102.5 in its entirety, which pertained to limitation on agenda items, and derived from Ord. No. NS-2094, § 2, adopted November 19, 1990.

Editor's note— Ord. No. NS-2762, § 5, adopted March 3, 2008, repealed § 2-103 in its entirety, which pertained to rules of order, and derived from the Code of 1952, § 2100.4; Ord. No. NS-786, § 1, adopted March 15, 1965, and Ord. No. NS-1262, § 1, adopted July 14, 1975.

(a) The city council shall, by resolution, adopt a reference for rules of procedure.

(b) The city council shall, by resolution, adopt rules of decorum and order for its meetings. Such rules shall include time limits and other standards for debate and discussion by the city council and for the public's addressing the city council.

(c) The presiding officer shall have the duty of maintaining order at all times and may direct that any person disturbing the meeting, speaking without permission, violating the city council's rules of decorum and order, or otherwise acting in a disorderly manner, be removed from the place of meeting, and any peace officer present shall carry out such order. No person shall violate the order and decorum of a council meeting, speak without permission, or do anything which may interfere with the effective deliberation of the council. Any violation of this provision is declared to be a misdemeanor and any person violating the same may be prosecuted on a complaint signed by the presiding officer or any person acting under his direction. Any peace officer present in the council chambers or place of meeting shall arrest any person violating this provision if ordered so to do by the presiding officer or by a vote of the council.

(Code 1952, § 2101; Ord. No. NS-786, § 1, 3-15-65; Ord. No. NS-2762, § 6, 3-3-08)

Editor's note— Ord. No. NS-2762, § 6, adopted March 3, 2008, changed the title of § 2-104 from "Decorum and order" to "Rules of procedure; decorum and order."

It is the policy of the Santa Ana City Council that all members present at a city council meeting fully participate in the discussion of a matter and shall vote for or against an ordinance, resolution, motion, or any other item requiring a vote, unless disqualified by conflict of interest or other legal reason as provided in this section.

(a) If the vote is a voice vote, the mayor or clerk of the council shall declare the result and note for the record all yes votes and all no votes. The council may also vote by roll call or electronic means visible to the public. Regardless of the manner of voting, the results reflecting all yes and no votes, and the members of the council who cast them, shall be clearly set forth for the record. In accordance with Section 410 of the Santa Ana City Charter, except as otherwise provided elsewhere in the charter or by law, no ordinance, resolution or motion shall be passed, adopted, or become effective unless it receives the affirmative vote of a majority of the full membership of the city council.

(b) No member of the council shall be permitted to recuse himself or herself from voting on any item on the city council agenda requiring a vote unless:

(1) The councilmember is legally disqualified from voting due to a conflict of interest (including a disqualification under the Political Reform Act or Government Code Section 1090 et seq.) or other legal reason (such as common law conflict of interest or bias); or

(2) The councilmember is awaiting advice from the fair political practices commission or the results of a pending investigation by the fair political practices commission; or

(3) The councilmember states from the dais the possibility of a conflict arising from a source identified at the meeting, and, based on advice from the city attorney, recuses themself out of an abundance of caution.

(c) If a councilmember is disqualified from voting due to a conflict, the member shall not participate in the consideration of the matter, shall not be counted for the purpose of the quorum, and shall leave the dais during the consideration of the matter; provided, however, that if the matter is being considered on the consent calendar and has not been removed from the consent calendar, the councilmember may remain on the dais and disclose the reason for disqualification. A disqualified councilmember may speak on the matter as a private citizen, but only to the extent allowed by the Section 18702.5 of the Regulations of the Fair Political Practices Commission, or its successor sections.

(d) If a councilmember abstains on a vote in violation of this rule, the abstention shall be considered concurrence in the item being voted upon, and the city clerk shall record that councilmember's abstention as a "yes" vote.

(e) A tie vote means that no action has been taken, and the item under consideration shall not be placed upon a future agenda, unless by a majority vote of the council, city staff is directed to place the item on a future agenda, or based on new information or changes in circumstances, the city manager places the item on a future agenda.

(Code 1952, § 2102; Ord. No. NS-786, § 1, 3-15-65; Ord. No. NS-3015, § 3, 3-15-22)

When the complete title of any resolution or ordinance has been set forth on the agenda so that any person in attendance at a council meeting may read the same, or if the complete title of any such resolution or ordinance is read aloud at any such council meeting, it shall not be necessary to read aloud the full text of such resolution or ordinance before the same may be passed for publication of title or adopted, as the case may be.

When two (2) or more ordinances are being considered to be passed for publication of title or for adoption, or when two (2) or more resolutions are being considered for adoption, such action may be taken by one roll call vote and said vote shall be deemed to have been given to each ordinance or resolution in that particular group as if each had been voted upon individually.

Whenever a motion is made to pass two (2) or more ordinances for publication of title or to adopt two (2) or more ordinances or resolutions, pursuant to the provisions of the foregoing paragraph of this section, any member of the council may request that one or more of such resolutions or ordinances be considered by the council separately, and such request shall be deemed a matter of right. In such event, the motion may be deemed to include passage or adoption of all such ordinances or resolutions, except as to that or those as to which separate consideration has been requested.

(Ord. No. NS-786, § 1, 3-15-65; Ord. No. NS-1445, 8-21-78)

Charter reference— See § 413 et seq.

Editor's note— Ord. No. NS-3078, § 6, adopted April 15, 2025, repealed § 2-107. Former § 2-107 pertained to prohibited campaign contributions and derived from Ord. No. NS-2304, § 1, adopted November 18, 1996.

It shall be unlawful for any member of the city council or any officer or employee of the city or any other person present during a closed session of the city council to disclose to any person the content or substance of any discussion which took place during such closed session on any matter legally authorized to be heard in closed session, unless the city council has authorized the disclosure of such information by majority vote.

(Ord. No. NS-2067, § 1, 10-1-90)

(a) No councilmember shall be eligible to participate in, or directly or indirectly receive any benefits from, any city-sponsored real estate incentive program, except as provided in subsection (c) hereof.

(b) City-sponsored real estate incentive program, for purposes of this section, shall mean any funding program managed by the City of Santa Ana, the redevelopment agency, the housing authority, or other agency which is administered or funded, in whole or in part, by the City of Santa Ana, and which provides loans, grants or other monetary or economic benefits to individuals or business entities to be used for the acquisition, construction, repair or improvement of real property.

(c) The prohibitions set forth in this section shall be inapplicable where they are in conflict with state or federal law.

(Ord. No. NS-2305, § 1, 12-2-96)

It is the finding of the city council that an elected officer, candidate, committee or other person required to file statements, reports or other documents described by Title 9 Political Reform, Chapter 4 of the Government Code (commencing with Gov. Code § 84100) who receives contributions or makes expenditures totaling more than $1,000 in a calendar year shall file those statements, reports, or other documents online or electronically with the city. The city's online system can and will operate securely and effectively and will not unduly burden filers. By way of this finding, the use of online or electronic filing is hereby authorized and required for elected officers, candidates, committees and other persons filing statements, reports or other documents described in Chapter 4 of the Government Code.

(1) In any instance in which an original statement, report or other document must be filed with the Secretary of State and a copy of that statement, report, or other document is required to be filed with the city, the filer may, but is not required to, file the copy online or electronically.

(Ord. No. NS-2853, § 1, 2-4-14)

Neither the mayor, nor any councilmember, shall participate in, or use his or her official position to influence a decision to be made by the City Manager or the City Council if it is reasonably foreseeable that the decision will have a material financial effect, apart from its effect on the public generally or a significant portion thereof, on a recent legal defense fund contributor. As used herein, "legal defense fund contributor" means any individual or entity who or which has made a legal defense fund contribution totaling two hundred fifty dollars ($250.00) or more to the mayor or a councilmember or to any campaign committee controlled by the mayor or the councilmember in the twelve (12) month period immediately preceding the date of the decision. For purposes of this Section 2-111 any individual who has more than a ten percent (10%) equity or revenue interest in the contributing entity, or anyone who is a trustee, director, partner or officer of the contributing entity, shall also be deemed a legal defense fund contributor.

(Ord. No. NS-2902, § 2, 7-5-16)

A. The City, and any person authorized to act on behalf of the City, is prohibited from awarding any agreement, contract, grant, or any amendment(s) to said awards, for the purpose or receipt of any financial benefit or interest, to: (1) an immediate family member of the Mayor, Council Member, or City officials, including appointed board and commission members, as defined under Article IV—Officers, Departments, Boards, and Commissions (Sections 2-300 to 2-699) or (2) any former full-time employee for one (1) year from the date of the employee's separation from the City, except for any CalPERS retiree for which the City Council adopts the required resolution.

B. For purposes of this section 2-112, the term immediate family member shall include, but is not limited to, spouse, domestic partner, romantic cohabitant, child, stepchild, grandchild, step grandchild, parent, stepparent, mother-in- law, father-in-law, son-in-law, daughter-in-law, grandparent, great grandparent, brother, sister, half-brother, half-sister, stepsibling, brother-in-law, and sister-in-law.

C. For purposes of this section 2-112, the term financial benefit or interest shall include any direct or indirect financial interest in the specific contract, agreement, or grant, including any commissions, fees, share of the proceeds, prospect of a promotion or future employment, a profit, or any other form of financial award.

D. The City shall incorporate into all agreements, contracts, or grants, a non-collusion provision reflecting the prohibitions detailed in Section 2-112 herein, including the requirement that any awarded Vendor, Contractor, Entity, or Grantee shall also comply with Section 2-112, and such compliance shall also involve the awarding of any subcontract for the purchase of goods or services with any funds stemming from the contract, agreement, or grant.

(Ord. No. NS-3077, § 1, 3-4-25)