Truckee Municipal Code Ch. 2.04 Council Meetings and Appeals

The regular meetings of the Truckee Town Council shall be held on the second and fourth Tuesday of each month at the time of 5:00 p.m., unless otherwise directed by the Town Manager, in consultation with the Town Council.

(ORD 93-34 12-02-93; 2001-01 1-18-01; 2012-04 04-19-2012; 2020-06 07-14-2020; 2023-07 10-10-2023)

The regular meetings of the Town Council shall be held at the Town Administrative Center, 10183 Truckee Airport Road, Truckee, California, unless otherwise directed by the Town Manager, in consultation with the Town Council.

(ORD 2001-01 01-18-01; 2023-07 10-10-2023)

(a) Any person who engages in disorderly behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of any meeting of the town council or any other town commission or body shall, upon an order by the presiding officer or a majority of the town council or other commission or body, be barred from further audience before the town council or other commission or body during that meeting, pursuant to the provisions of subsection (c), below.

(b) Disorderly behavior under subsection (a) may include, but is not limited to, the following:

(1) Speaking without being recognized by the presiding officer.

(2) Continuing to speak after the allotted time has expired.

(3) Speaking on an item at a time not designated for discussion by the public of that item.

(4) Throwing objects.

(5) Speaking on an issue that is not within the jurisdiction of the body convening the meeting.

(6) Attempting to engage the audience rather than the body convening the meeting.

(7) Refusing to modify conduct after being advised by the presiding officer that the conduct is disrupting the meeting, or disobeying any other lawful order of the presiding officer or a majority of the body convening the meeting.

(c) Enforcement. The rules of conduct while addressing the town council or any other town commission or body set forth above shall be enforced in the following manner:

(1) Call to order and warning to desist. Whenever practicable, the presiding officer or a majority of the body convening the meeting shall give a warning to the person who is breaching the rules of conduct to be orderly and to comply with the rules of conduct hereunder. Such a warning shall articulate the rule of conduct being violated and the manner in which the person must comply.

A warning shall not be necessary when it would not be effective under the circumstances, including when, but not limited to, the disturbance is such that the warning cannot be heard above the noise, or the conduct of the person or persons constitutes an immediate threat to public safety, such as the throwing of objects or specific threats of harm and the apparent, present ability to carry out such threats. A warning shall also not be necessary when an individual violates the rules of conduct more than once during a meeting, or violates the rules of conduct in multiple meetings.

(2) Order barring person from meeting. A person who engages in disorderly behavior shall be barred from the remainder of that meeting by the presiding officer or a majority of the body convening the meeting when that person: (i) continues the disorderly behavior after receiving a warning pursuant to subsection (c)(1); or (ii) engages in disorderly behavior and no warning is practicable under the circumstances, pursuant to subsection (c)(1).

The continuation of disorderly behavior after receiving a warning, repeated disorderly behavior during a meeting, disorderly behavior at multiple meetings, or disorderly behavior that is so significant that a warning cannot be given, constitutes the type of behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of a meeting.

(3) Removal. If the person barred from the meeting does not voluntarily remove him/herself upon being instructed to do so by the presiding officer or a majority of the body convening the meeting, the presiding officer or the majority of the body convening the meeting may direct a police officer or other town employee to remove that person from the meeting.

(d) The following conduct shall be unlawful and shall be punishable as a misdemeanor:

(1) Continuing to engage in disorderly conduct, which disrupts, disturbs or otherwise impedes the orderly conduct of any meeting, after receiving a warning pursuant to subsection (c)(1) of this section.

(2) Refusing to leave a meeting after being directed to do so pursuant to subsection (c)(2) of this section.

(3) Returning to a meeting after being barred, removed or directed to leave such meeting pursuant to subsections (c)(2) and (c)(3) of this section.

(ORD 2015-02 03-24-2015)

The Town Council may, by resolution, adopt rules of procedure and regulations pertaining thereto to govern the conduct of its meetings and any of its other functions and activities.

When approved by the Town Council, each member of the Council shall receive reimbursement for actual and necessary expenses incurred in the performance of official duties for the Town, pursuant to the provisions of Section 36514.5 of the Government Code.

Unless otherwise specifically provided in this Code or by State law, all Town board and commission appointment, except for ex officio members where applicable, shall be made by the Town Council.

(a) Except when an appeals procedure is otherwise specifically set forth in this Code, any person excepting to the denial, conditional approval, suspension, or revocation of a permit, license or other approval applied for or held by pursuant to any provision of this Code, or to any administrative decision made by any official of the Town, if the denial, conditional approval, suspension, or revocation of such permit, license or approval, or the determination of such administrative decision involves the exercise of administrative discretion or personal judgment exercise pursuant to any provision of this Code, may appeal in writing to the Council by filing with the Town Clerk a written notice of such appeal.

(b) No appeal may be taken to any such administrative decision made by an official of the Town pursuant to any provision of this Code unless such decision has been first taken up with the department head concerned and with the Town Manager, and each such official has not adjusted the matter to the appellant's satisfaction.

(c) No right of appeal to the Council from any administrative decision made by an official of the Town pursuant to any provision of this Code shall exist when such exercise of administrative discretion or personal judgment, whether the administrative decision involves the denial, conditional approval or any other administrative decision. There shall be no such right of appeal with regard to law enforcement activities involving State law.

(a) No notice of appeal shall be acted upon unless filed within ten days after service of written notice of the determination appealed from, provided that if such notice of determination has not been served in writing the appellant may, within ten days after being apprised of such determination, demand service of written notice thereof, and shall have ten days following such service in which to file the notice of appeal.

(b) The notice of appeal shall set forth (1) the specific action appealed from, (2) the specific grounds of the appeal and (3) the relief or action sought from the Town Council. In the event any notice of appeal fails to set forth any information required by this section, the Town Clerk shall return the same to the appellant with a statement of the respect in which it is deficient, and the appellant shall thereafter be allowed five days in which to perfect and refile the notice of appeal.

(c) Except in those instances where an appeal is filed by the Town Manager or other public official pursuant to official duties, the written notice of appeal from the determination of an administrative official or from an administrative body of the Town, as the case may be, shall be accompanied by such fee as may have been established by resolution of the Town Council.

Upon the timely filing of a notice of appeal in proper form, the Town Clerk shall schedule the matter promptly upon the Town Council agenda at a subsequent regular meeting and shall cause notice thereof to be given to the appellant not less than five days prior to such hearing, unless such notice is waived in writing by the appellant. The Town Clerk shall also cause a copy of the notice of appeal to be transmitted to the official or body whose decision has been appealed from.

At the time of consideration of the appeal by the Town Council the appellant shall be limited to a presentation on the specific grounds of appeal and matters set forth in his notice of appeal and shall have the burden of establishing cause why the decision appealed from should be altered, reversed or modified. The Council may continue the matter from time to time; and at the conclusion of its consideration may affirm, reverse or modify the decision appealed from and may take any action which might have been legally taken in the first instance by the official or body from whose action the appeal has been taken. In ruling on the appeal the finding and action of the Council shall be final and conclusive in the matter.

(ORD 2023-11 09-26-2023)

Pursuant to Section 36156 of the California Government Code, effective upon the beginning of the term of office for any member of the town council elected at the November 2022 election or appointed to the town council pursuant to Elections Code Section 10229 in lieu of holding an election in November 2022, compensation shall be paid to each member of the town council in the amount of eight hundred fifty-one ($851) dollars per month. The compensation prescribed in this section shall be exclusive of any amounts payable to each member of the council as reimbursement for actual and necessary expenses incurred by him or her in the performance of official duties for the town. Each member of the council shall receive reimbursement for such actual and necessary expenses as are incurred in the performance of official duties for the town, pursuant to Government Code Sections 36514.5, 53232.2, and 53232.3, and as established by a resolution adopted by the town council.

(ORD 93-15 06-03-1993; 2016-07 02-13-2016; 2020-08 10-27-2020; 2022-03, 5/10/2022)