HomeMy WebLinkAbout17. Intro Ord Amending Rules of Conduct for City Council Mtgs related to Public CommentI I e -Tia 0
CITY MANAGEL.Ft
TO:
• •' • THE CITY MANAGER
By:
:• A. Livas, City Manager
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ANNESEEMMUMEAM
SUBJECT: AMENDMENT TO THE RULES OF CONDUCT FOR CITY COUNCIL MEETINGS
RELATED TO PUBLIC COMMENT
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At the request of Mayor Pacheco, and for the City Council's consideration, is an ordinance
proposing to amend Downey Municipal Code Section 2105 regulating the rules of conduct for
city council meetings. Specifically, the ordinance proposes a three (3) minute time period per
speaker for each of the following public comment periods: (1) non -agenda items (2) consent
calendar (3) public hearings and (4) administrative reports. Other than this change, the meeting
rules remain unchanged. This approach will assist the Mayor and Council to efficiently manage
the conduct of the meeting while still allowing members of the public to be heard on matters of
city business.
FISCAL IMPACT
KIT47-21M7181M. RENT.T41
Attachment 1: Ordinance Amending the City's Meeting Rules
•
WHEREAS, the City Council of the City of Downey declares that the business of
the City is to be conducted in an orderly and efficient manner to facilitate thorough City
Council deliberations and decision making; and
WHEREAS, the City Council values the opinions and comments of the public on
matters of city business; and
WHEREAS, the City Council desires that all members of the public who attend
the City Council meetings have their comments heard at the earliest point in the
meeting, and that the public, in turn, may listen to the Council discussion and
deliberations on such matters without distraction or disruption; and
WHEREAS, Downey City Charter Section 510, consistent with the Ralph M.
Brown Act, provides, among other things, that the public shall have the right to address
the Council either orally or in writing on matters of City business, but such right shall be
subject to reasonable rules and regulations as adopted by ordinance or resolution; and
WHEREAS, the City Council wishes to amend the rules of conduct for city
council meetings contained in Downey Municipal Code Article 11, Chapter 1 to establish
a three (3) minute time limit per speaker for public comments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.. The City Council of the City of Downey hereby amends th-
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DowneMunicipal Code, Article 11, Chapter 1, Section 2105 to read as
follows:
(a) Unless addressing the City Council or entering or leaving the Council
Chambers or other meeting place, all persons in the audience shall remain seateie
in the seats provided. No person shall stand or sit in the aisles or along the walls,
unless permitted by the Mayor. No person shall block any doorways.
(b) All demonstrations, including cheering, yelling, whistling, handclapping
and foot stomping which disrupts, disturbs or otherwise impedes the orderly
conduct of the Council meeting are prohibited.
ORDINANCE NO.
PAGE 2
(c) • placards, signs, posters, packages, bundles, suitcases • other large
objects shall • brought into the • Chambers • other meeting place if doing
so would disrupt, disturb or otherwise impede the orderly course of the meeting.
(e) It is requested that all persons wishing to speak to the Council at the time
designated for oral communications shall state their name, address, and the
subject matter upon which they wish to speak for the record. All speakers who wish
to address members of the City Council or staff must do so through the Mayor. No
person shall address the Council until he or she has first been recognized by the
• The decision of the • to recognize • not recognize a person may •
changed by order of the Council.
(f) During formal public hearings, all interested parties will be allowed to
address the Council. The Mayor shall request persons wishing to address the
• to • their interest and may limit the time allowed and otherwise
coordinate the hearing proceedings. The applicant shall speak after the staff report
and shall have the opportunity for rebuttal. The applicant shall not be limited by the
five (5) minute time limit, but shall not be repetitious nor digress from the issues
before the • In the interest • facilitating the business •'I the • all
persons addressing the Council shall be limited to three (3) minutes unless such
time is extended • the • for good cause.
(g) There will be one oral communication section near the beginning of the
City Council Agenda placed after public hearings. During this time members of the
public may address the Council • any non -agenda item which is directly related to
City business. Each person speaking shall be limited to three (3) minutes and the
maximum time allowed for oral communication shall be thirty (30) minutes. For
good cause the Mayor may extend the time for individual speakers or the maximum
time for oral communications. The Mayor may rearrange the order of items on the
agenda to ensure the orderly conduct • the meeting.
(h) The City Council will accept public comment concerning agenda items at
the time the item is considered. Individuals wishing to address an agenda item may
raise their hand at the time the title is announced by the City Clerk so that the
• can count the number • •-. Each person speaking shall • limited to
three (3) minutes per agenda item.
(i) At the time that the Consent Calendar is considered, members of the
public may address the City Council on any item on the Consent Calendar. Each
person shall be limited to three (3) minutes. Once all public comments on Consent
Calendar items are made, the Council shall determine which items shall be
removed from the Consent Calendar. All items that had been removed will be
considered by the Council after the Consent Calendar is approved. The City
ORDINANCE NO.
PAGE 3
Council may, but is not required, to allow additional public comment on items
removed from the Consent Calendar.
0) At the end of the regular City Council meeting, staff and members of the
City Council may present any other business that is appropriate for City Council
consideration. Unless permitted by the Brown Act, the Council may not discuss
such items or take action upon them, but an individual Council Member may
request that any such item be placed upon a future agenda for consideration by thr-
Council.
(k) Members of the audience shall respect the rights of others and shall not
create noise or other disturbances so as to disrupt or disturb persons who are
addressing the City Council, Council Members who are speaking, or otherwise
impede the orderly conduct of the meeting. All persons addressing the City Council
shall speak in a civil and courteous manner and shall not yell, scream, or use foul
language. Speakers shall address the agenda topic to which they are speaking on
and shall not be repetitive.
(1) Photographs, audiotapes and videotapes may be taken from any seat
within the Council Chamber or other meeting place or from the rear of the Council
Chamber or other meeting place. Except when presentations are being made,
photographs, audiotapes and videotapes may not be taken from the side or middle
aisles or from the front of the Council Chambers as such practices disrupt and
disturb the audience, public speakers and Council Members, and interferes with the
orderly conduct of the meeting. Photographs, audiotapes and videotapes shall not
be taken in any manner which disturbs or disrupts the audience, speakers or
Council Members or otherwise disrupts the Council meeting.
(m) Animals are prohibited in the council chambers, except for trained K-9
police dogs and trained service animals as defined under State and Federal law."
SECTION 2. If any section, subsection, paragraph, sentence, clause or phrase of this
Ordinance is declared by a court of competent jurisdiction to be unconstitutional or
otherwise invalid, such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council declares that it would have adopted this Ordinance,
and each section, subsection, sentence, clause, phrase or portion thereof, irrespective
of the fact that any one or more sections, subsections, phrases, or portions be declared
iwvalid or unconstitutional.
SECTION 3. Upon the effective date of this amendment, the City Clerk is directed to
place and maintain copies of the City Council meeting rules in the back of the Council
Chambers for members of the public.
SECTION 4. The City Clerk shall certify the adoption of this Ordinance and cause the
same to be published in the manner prescribed by law.
ORDINANCE NO.
PAGE 4
4PIPTOVED-OVE-AASO
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i�ARIA ALICIA DUARTE, CIVIC
City Clerk
I HEREBY CERTIFY that the foregoing Ordinance was adopted by the City
Council of the City of Downey at a Regular Meeting held on the day of
, 2019, by the following vote, to wit:
AYES:
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN:
Council Member:
MARIA ALICIA DUARTE, CIVIC
City Clerk