West Covina Municipal Code § 2-35 Roll call

(a) The mayor shall be the presiding officer at all meetings of the city council, provided the mayor is physically present at the meeting. If the mayor attends the meeting remotely or is absent, the mayor pro tempore shall preside, provided the mayor pro tempore is physically present at the meeting. If both the mayor and mayor pro tempore attend the meeting remotely or are absent, the city clerk shall call the meeting to order, whereupon the council present shall select a temporary presiding officer to serve until the arrival of the mayor or mayor pro tempore or until adjournment.

(b) The presiding officer shall preserve strict order and decorum at all meetings of the city council. The presiding officer shall state every question coming before the council, announce the decision of the council on all subjects and decide all questions of order, subject, however, to an appeal to the council, in which event a majority vote of the council members present shall govern and conclusively determine such question of order. Voting on all ordinances shall be by roll call vote called by the city clerk; and the presiding officer shall be entitled to vote last on all questions.

(Ord. No. 2523, § 3, 10-1-24)

(a) There shall be two (2) regular meetings of the city council during each calendar month and such meeting shall be held on the first and third Tuesdays; except that, if the date of any such regular meeting falls on a holiday, such regular meeting shall be held on the next succeeding day which is not a holiday. All regular meetings shall begin at the hour of 7:00 p.m.; provided, however, that any regular meeting that includes closed session items as authorized under title 5, division 2, part 1, chapter 9, sections 54950 through and including 54961 of the California Government Code ("the Brown Act") shall begin at the hour of 6:00 p.m., or at such earlier time as was specified at the time of adjournment of the preceding regular meeting.

(b) The meeting place of the city council for the public portion of regular meetings shall be in the council chambers in the city hall located at 1444 West Garvey Avenue in the city. Closed sessions may be called to order and held in the city manager's conference room on the third floor of city hall.

(Code 1960, § 2100; Ord. No. 1835, § 1, 1-22-90; Ord. No. 1891, § 1, 10-28-91; Ord. No. 2073, § 1, 9-4-01; Ord. No. 2269, § 2, 1-20-15; Ord. No. 2528, § 6, 3-4-25)

State Law reference— Authority to fix time of meetings, California Government Code § 305; authority to establish place of meetings, California Government Code, § 36808.

All meetings of the city council shall be conducted in an orderly manner designed to expedite the business of the city council as hereinafter set forth.

(Code 1960, § 2102; Ord. No. 1431, § 3, 4-9-79; Ord. No. 2528, § 6, 3-4-25)

Except as otherwise provided in this division, all questions of parliamentary procedure shall be resolved according to Robert's Rules of Order.

(Code 1960, § 2114; Ord. No. 2528, § 6, 3-4-25)

All reports, communications, ordinances, resolutions, documents or other matters shall be submitted to the council as far in advance of each council meeting as time for preparation will permit. 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, the city attorney and the city clerk with a copy of the agenda on the afternoon of the Friday preceding the regular council meeting. No matter may be considered by the city council other than those matters on the agenda except as provided by applicable provisions of law. The city manager shall be responsible for furnishing to the council a written report covering items of business to be considered by the council.

(Code 1960, § 2103; Ord. No. 1431, § 4, 4-9-79; Ord. No. 1835, § 1, 1-22-90; Ord. No. 2528, § 6, 3-4-25)

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

(Code 1960, § 2104; Ord. No. 1835, § 1, 1-22-90; Ord. No. 2528, § 6, 3-4-25)

All meetings of the council shall be open to the public in accordance with the applicable provisions of law, except to consider matters authorized by law to be considered in closed session or emergency session.

(Code 1960, § 2105; Ord. No. 1431, § 5, 4-9-79; Ord. No. 1835, § 1, 1-22-90; Ord. No. 2528, § 6, 3-4-25)

State Law reference— Authority for executive sessions on personnel matters, Gov. Code, § 54957.

Promptly at the hour set by law on the day of each regular meeting, the members of the council, the city clerk, city attorney and city manager shall take their regular places in the council chambers, and the business of the council shall be taken up for consideration and disposition in the order established by the council.

(Code 1960, § 2105; Ord. No. 1431, § 5, 4-9-79; Ord. No. 2528, § 6, 3-4-25)

The regular order of business of the city council may be suspended by a majority vote of the members present. All business brought before the council shall be promptly attended to; provided, that, upon the request of any member of the council, the same may, with the consent of the city council, be referred to the proper official, or to a committee of the council appointed by the mayor, for investigation before any action shall be taken thereon by the council as a whole.

(Code 1960, § 2105.1; Ord. No. 2528, § 6, 3-4-25)

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 city clerk has previously furnished each member of the city council with a synopsis thereof.

(Code 1960, § 2106; Ord. No. 2528, § 6, 3-4-25)

Debate upon all matters pending before the city council shall be under the direct supervision of the mayor and conducted in such a manner as to expedite the business of the city council and subject to the rules provided in this division.

(Code 1960, § 2107; Ord. No. 2528, § 6, 3-4-25)

Every council 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.

(Code 1960, § 2108; Ord. No. 1835, § 1, 1-22-90; Ord. No. 2528, § 6, 3-4-25)

A member of the city council, once recognized, shall not be interrupted when speaking unless it be to call the member to order, or as herein otherwise provided. If a member shall, while speaking, be 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.

(Code 1960, § 2109; Ord. No. 1835, § 1, 1-22-90; Ord. No. 2528, § 6, 3-4-25)

Editor's note— Ord. No. 1835, § 2, adopted Jan. 22, 1990, repealed § 2-43 in its entirety. Former § 2-43 was concerned with privilege of closing debate, and derived from § 2110 of the Code of 1960.

A motion to reconsider any action taken by the council may be made only 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 herein 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.

(Code 1960, § 2111; Ord. No. 2528, § 6, 3-4-25)

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

(Code, § 2112; Ord. No. 1835, § 1, 1-22-90; Ord. No. 2528, § 6, 3-4-25)

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.

(Code 1960, § 2113; Ord. No. 2528, § 6, 3-4-25)

Pursuant to the California Government Code, any person wishing to address the city council on any matter on the agenda or on any other matter within their jurisdiction, excluding any matter set for a public hearing, may do so upon first securing the recognition of the presiding officer during the time designated for oral communications. The city council may not act on any item unless it is listed on the agenda.

(Code 1960, § 2115; Ord. No. 1835, § 1, 1-22-90; Ord. No. 2150, § 1, 6-20-06; Ord. No. 2528, §§ 2, 6, 3-4-25)

(a) Each person wishing to address the city council shall submit a speaker card to the city clerk prior to the commencement of the time designated for oral communications. No speaker cards will be accepted after the commencement of oral communications, except at the discretion of the presiding officer.

(b) When called forward by the presiding officer or the city clerk, each person addressing the city council shall step up to the podium and give his or her name and city of residence in an audible tone of voice for the record.

(c) Each person addressing the city council during oral communications shall limit his or her comments to three (3) minutes, unless the time limit is modified by the presiding officer or the city council. In order to provide all speakers the opportunity to participate in oral communications, the presiding officer or the city council may reduce the time limit to allow reasonable time for all speakers to address the city council.

(d) All remarks shall be addressed to the city council as a body and not to any member thereof. No person, other than the city council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the city council, without the permission of the presiding officer. No question shall be asked of a council member except through the presiding officer.

(e) The presiding officer may require any person to be sworn as a witness before addressing the city council on any subject. Any such person who, having taken an oath that he or she will testify truthfully, willfully and contrary to such oath states as true any material matter which he knows to be false may be held to answer criminally and subject to the penalty prescribed for perjury by the provisions of the California Penal Code.

(Code 1960, § 2116; Ord. No. 1835, § 1, 1-22-90; Ord. No. 2111, § 2, 4-6-04; Ord. No. 2150, § 2, 6-20-06; Ord. No. 2528, §§ 3, 6, 3-4-25)

Unless a member of the council audibly votes in the negative, or disqualifies himself or herself or expressly declines to vote, his or her silence shall be recorded as an affirmative vote.

(Code 1960, § 2117; Ord. No. 1835, § 1, 1-22-90; Ord. No. 2528, § 6, 3-4-25)

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

(b) Members of the public shall not willfully disrupt the meeting or act in a manner that actually disrupts, disturbs, impedes, impairs, or renders infeasible the orderly conduct of the meeting. For the purposes of this Code, "willfully disrupt" includes, but is not limited to, continuing to do any of the following after being warned by the presiding officer that the behavior is disrupting the meeting and failure to cease the behavior may result in removal from the meeting:

(1) Addressing the mayor or city council without first being recognized.

(2) Persisting in addressing a subject or subjects, other than that before the mayor and city council.

(3) Repetitiously addressing the same subject.

(4) Failing to relinquish the podium when directed to do so.

(5) From the audience, interrupting or attempting to interrupt, a speaker, the presiding officer, a council member, or a staff member, or shouting or attempting to shout over a speaker, the presiding officer, a council member or a staff member.

(6) From the audience, engaging in disorderly, disruptive, or boisterous conduct, including, but not limited to, handclapping, stomping of feet, whistling, making noise, use of abusive, threatening or profane language or obscene gestures, yelling, obstructing the view of other audience members, or similar conduct which disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting.

(7) As a speaker, making slanderous or profane remarks or using loud, threatening, or abusive language which disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting; interrupting or attempting to interrupt the presiding officer, a council member, or a staff member; shouting over or attempting to shout over the presiding officer, a council member, or a staff member; or engaging in any other disorderly conduct which disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting. Nothing in this section or any rules of the city council shall be construed to prohibit public criticism of the policies, procedures, programs, or services of the city or of the acts or omissions of the city council.

(8) Engaging in behavior that constitutes use of force or a true threat of force.

(c) It shall be unlawful to violate the provisions of this section. A person violating this section may be removed and barred from further participation at the meeting at which the violation occurs.

(d) If any subsection, sentence, clause, or phrase or word of this section 2-50 is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this section. The city council hereby declares that it would have passed this section and each subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses, phrases or words had been declared invalid or unconstitutional.

(Code 1960, § 2118; Ord. No. 2318, § 1, 6-6-17; Ord. No. 2528, §§ 4, 6, 3-4-25)

The chief of police or any member or members of the police department or other members of the city staff may be designated by the council to be sergeant-at-arms when, in the opinion of the presiding officer, the services of a sergeant-at-arms is necessary, and the sergeant-at-arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum in accordance with section 2-50 at the council meeting, including, but not limited to, removing and barring from further participation at the meeting any person who is willfully disrupting the orderly conduct of the meeting.

(Code 1960, § 2119; Ord. No. 1835, § 1, 1-22-90; Ord. No. 2318, § 2, 6-6-17; Ord. No. 2528, §§ 5, 6, 3-4-25)

No person, except city officials, their representatives and members of the news media shall be permitted within the rail in front of the council chamber without the express consent of the council.

(Code 1960, § 2120; Ord. No. 2528, § 6, 3-4-25)

All special committees shall be appointed by the mayor, subject to confirmation by a majority vote of the council members present.

(Code 1960, § 2121; Ord. No. 2528, § 6, 3-4-25)

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

(Code 1960, § 2123; Ord. No. 2528, § 6, 3-4-25)