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Ordinance No. 1193 53 ORDINANCE NO. 1193 AN ORDINANCE OF THE CITY OF CYPRESS AMENDING AND RESTATING THE RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS WHEREAS, the City Council of the City of Cypress is authorized to establish rules of conduct for its proceedings pursuant to Government Code section 36813; WHEREAS, the City Council has not updated its rules of conduct and decorum since it adopted Ordinance No. 265 on May 24, 1965; WHEREAS, many provisions of Ordinance No. 265 are outdated, inconsistent with current law and practices and are in need of updating; and WHEREAS, the City Council wishes to update and repeal and replace Ordinance No. 265 with this Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS: Section 1. AGENDA. The City Clerk shall prepare an agenda of the City Council proceedings which agenda shall be prepared in accordance with the Order of Business and shall furnish each Council Member, the City Manager and City Attorney with a copy of the same prior to the Council meeting, but not later than the time required pursuant to the Brown Act preceding each meeting. Matters that are not listed on the agenda shall not be presented to the City Council by the City Manager, except those of an urgent nature as authorized per the Brown Act. Section 2. DUTIES OF PRESIDING OFFICER. The Mayor shall preside at the meetings of the City Council and shall preserve strict order and decorum at all regular and special meetings of the City Council. The Mayor shall state every question coming before the City Council, announce the decision of the City Council on all subjects, except where the City Clerk makes such announcement, and decide all questions of order subject however to an appeal to the City Council in which event a majority vote of the City Council shall govern and conclusively determine such question of order Section 3. CALL TO ORDER - PRESIDING OFFICER. The Mayor, or in his/her absence the Mayor Pro Tempore, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the City Council to order. In the absence of the Mayor or Mayor Pro Tempore, the City Clerk shall call the City Council to order, whereupon a temporary chair shall be elected by the Council Members present. Upon the arrival of the Mayor or Mayor Pro Tempore, the temporary chair shall immediately relinquish the chair upon the conclusion of the business immediately before the City Council. Section 4. ROLL CALL. Before proceeding with the business of the City Council, the City Clerk shall call the roll of the Council Members and the names of those present shall be entered in the minutes. Section 5. QUORUM. A majority of the City Council constitutes a quorum for the transaction of business, but a lesser number may adjourn from time to time and may cancel the meeting by a notice. The City Clerk may also notice the adjournment or cancellation of a meeting for lack of a quorum. Section 6. ORDER OF BUSINESS. All meetings of the City Council shall be open to the public. Promptly at the hour set by law on the day of each regular meeting, the Council Members, City Manager, City Clerk and the City Attorney shall take their assigned stations in the City Council Chambers and the business of the City Council shall be taken up for consideration and disposition in the following order unless otherwise changed by resolution of the City Council. 54 1. Call to Order 2. Roll Call 3. Closed Session 4. Presentations 5. Oral Communications 6. Public Hearings 7. Consent Calendar; Minutes 8. New Business 9. Continued Items 10. Items from Council Members 11. Oral Communications 12. Council Member Reports and Remarks 13. City Manager Remarks 14. Adjournment Section 7. READING OF MINUTES. Unless the reading of the minutes of a Council meeting is requested by a Council Member, such minutes may be approved without reading if the Clerk has previously furnished each Council Member with a copy thereof. Minutes shall be approved by voice or roll call vote. Section 8. RULES OF DEBATE. (a) Presiding Officer May Debate and Vote. The Mayor, or in his/her absence, such other Council Member as may be presiding may move, second and debate from the chair, subject only to such limitations of debate per these rules imposed on all Council 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 Council Member desiring to speak shall request to be recognized by the Presiding Officer and only speak after being so recognized. ' (c) Interruptions. A Council Member once recognized shall not be interrupted when speaking unless it be to call him/her to order, or as herein otherwise provided. If a Council Member, while speaking, is called to order, he/she shall cease speaking until the question of order is determined. (d) Remarks of Council Member-When Entered in Minutes. Any Council Member may request, through the Presiding Officer, the privilege of having a written abstract of his/her statement on any subject under consideration by the City Council entered in the minutes. If the City Council consents thereto, such statement shall be entered in the minutes. (e) Motion to Reconsider. A motion to reconsider any action taken by the City 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 on the prevailing side, but may be seconded by any Council Member and may be made at any time and have precedence over all other motions or, while a Council Member has the floor, it shall be debatable. (fl Rules of Order. Except as otherwise provided in this chapter "Robert's Rules OOMOIVi of Order", as revised and updated from time-to-time, shall govern the conduct of the meetings of the City Council. Section 9. ADDRESSING THE CITY COUNCIL. Any person desiring to address the City Council shall first secure the permission of the Presiding Officer to do so; provided that, under the following headings of business, unless the Presiding Officer rules otherwise, any qualified and interested person shall have the right to address the City Council upon obtaining recognition by the Presiding Officer: (a) Written Communications. Interested parties or their authorized 55 representatives may address the City Council by written communications in regard to matters then under discussion. (b) Oral Communications. Taxpayers or residents of the City or their authorized legal representatives may address the City Council by oral communications on any matter concerning the City's business or any matter over which the City Council has control; provided that preference shall be given to those persons who may have notified the City Clerk in advance of their desire to speak and submitted a completed a speaker card. (c) Public Hearings. Interested persons or their authorized representatives may address the City Council by reading of protests, petitions, communications or similar matters during public hearings. Section 10. ADDRESSING THE CITY COUNCIL AFTER MOTION MADE. After a motion is made by the City Council, no person shall address the City Council without first securing the permission of the Presiding Officer. Section 11. MANNER OF ADDRESSING THE CITY COUNCIL, TIME LIMIT. (a) Each member of the public addressing the City Council shall step up to the microphone in front of the podium, give his/her name and address in an audible tone of voice for the record and, unless further time is granted by the City Council, shall limit his/her address to the time allotted on the agenda for public comments. All remarks shall be addressed to the City Council as a body and not to an individual Council Member. No person, other than the City Council and the person having the floor shall be permitted to participate in the discussion, without the permission of the Presiding Officer. No member of the public may ask a direct question shall to a Council Member except through the Presiding Officer. (b) In discussion of any issue before the City Council, members of the public and of the City Council must confine themselves to the question before the City Council. (b) Spokesman for Group of Persons. Whenever any group of persons wishes to address the City Council on the same subject matter, the Presiding Officer may request that a spokesman be chosen by the group to address the City Council, and in case additional matters are to be presented at the time by any other member of said group, to limit the number of persons so addressing the City Council so as to avoid unnecessary repetition before the City Council. Section 12 DECORUM. (a) By Council Members. 1. Conduct. While the City Council is in session, the Council Members must preserve order and decorum, and a Council Member shall neither by conversation, by the utterance of loud, threatening, profane or abusive language, or by engaging in any other disorderly conduct at any Council meeting, delay or interrupt the City Council proceedings. A Council Member's persistence in discussing an agenda item or any other matter before the City Council after the matter has been called to a vote, shall constitute a violation of this subsection. Council Members shall obey the orders of the City Council or the Presiding Officer. The following rules shall be obeyed: Council Members shall keep any remarks clear, concise and on-topic. ii. When there are differences of opinion, Council Members shall focus on debating the facts of the situation and avoid personalities. Council Members should seek to build on the ideas of others and look for common ground. 56 iii. Council Members shall be prepared at Council meetings, including by reading their agendas with enough time to ask questions prior to the Council meeting. Every effort will be made to ask questions before the Council meeting so that the City Manager or the City Attorney, as applicable, has ample time to research the question before the Council meeting. iv. Council Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. 2. Censure. A violation of these rules of decorum or the Civility, Conduct and Governance Policy by a Council Member shall be subject to the below enforcement provisions. Any Council Member may make a motion for a vote to censure or for a vote for removal or ejection as set forth herein. Resolution of Censure. Any Council Member who reasonably believes that another Council Member is violating these rules of decorum or the Civility, Conduct and Governance Policy shall be allowed to request an agenda item be presented, in accordance with the procedures for requesting future agenda items, calling for staff to bring back a draft resolution of censure by identifying the Council Member, and that Council Member's speech, actions or behavior, that he/she believes constitutes such violation. If approved to be presented to the City Council for consideration, the resolution of censure may be approved by a majority of the City Council and may contain the penalties described below. Upon such motion, all Council Members present shall immediately vote on the motion and state whether they agree that the identified speech, actions or behavior constitutes a violation and justifies a vote of censure. If a majority of the Council Members present a vote for censure, then that vote shall be duly noted by the City Clerk and the subject of that vote shall have two (2) minutes to make a rebuttal stating why the vote should be overturned. After such rebuttal, any Council Member shall be entitled to make a motion to overturn the vote of censure. If such motion is approved by a majority vote of those Council Members present, then the City Clerk shall remove such censure from the record. Motions to overturn a vote of censure may only be made at the meeting at which the vote of censure was made. This subsection contemplates no other administrative remedy to a vote of censure other than the two (2) minute rebuttal. If not so overturned, the Resolution of censure shall be adopted. ii. Fines For Censure. Any Council Member who is censured by the City Council shall be subject to a one hundred dollar ($100.00)fine per censure. Such fine(s) shall be paid to the City Clerk within thirty (30) days of the date imposed. Failure to pay such fine(s) within sixty (60) days shall give rise to a civil action by the City for collection, or shall be deducted or offset from the Council Member's compensation or per diem entitlements. iii. Revocation of Special Privileges. Any Council Member who is censured by the City Council shall be subject to revocation of his/her committee assignments, regional boards and commissions, and community-generated board/committee appointments; suspension of official travel, conference participation, access to a City credit card, City Council salary, stipends and benefits, and ceremonial titles. iv. Removal. Any Council Member who is censured by a majority of the City Council during a Council meeting, in addition to the attendant fines, shall also be subject to a vote, upon motion by any Council Member, by a majority of the City Council present, to remove such offender from the Council meeting. If a majority of the City Council votes for removal, then the subject of that vote shall have two (2) minutes to make a rebuttal stating 57 why the vote should be overturned. After such rebuttal any Council Member shall be entitled to make a motion to overturn the vote to remove. If such motion is approved by a majority vote of those Council Members present, then the City Clerk shall remove such vote from the record. If the vote to remove is not overturned, then such vote shall remain part of the administrative record and Resolution of censure. Motions to overturn a vote of removal may only be made at the meeting at which the vote of removal was made. If the offending Council Member does not leave voluntarily, the Presiding Officer may order any law enforcement officer who is on duty at the Council meeting as sergeant at arms to remove the offender from the Council Chambers. It shall be the duty of any law enforcement officer who is serving as sergeant at arms at the Council meeting to carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum, including the removal of disruptive Council Members and/or members of the public. v. Resisting Removal; Penalty. Any Council Member or member of the public who resists removal by the sergeant at arms shall be guilty of a misdemeanor. 3. Motion To Enforce. If the Presiding Officer fails to enforce the rules set forth above, any Council Member may move to require the Presiding Officer to do so, and an affirmative vote of a majority of the City Council shall mandate such action. If the Presiding Officer fails to carry out the will of a majority of the City Council the majority may designate another Council Member to act as the Presiding Officer for the limited purpose of enforcing any provision of this Subsection which it desires to enforce. (b) By other Persons. Any person making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the City Council shall be forthwith, by directive of the Presiding Officer, be barred from further audience at said meeting before the City Council unless permission to continue is granted by a majority vote of the City Council. Section 13. CODE OF ETHICS. The following principles shall constitute the Cypress Code of Ethics, applicable to all Council Members. Council Members, upon the adoption of this Ordinance or upon entering office, shall sign a statement affirming they read and understood the Code of Ethics. In addition, this Code of Ethics shall be periodically reviewed and updated by the City Council. (a) Act in the public interest. Recognizing that stewardship of the public interest must be their primary concern, Council Members will work for the common good of the community and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the City Council. (b) Comply with the law. Council Members shall comply with the laws of the nation, the State of California and the City of Cypress in the performance of their public duties. These laws include, but are not limited to: the United States and California Constitutions; the Charter; the Municipal Code; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government. Council Members shall also comply with all applicable City policies and procedures. (c) Conduct of Council Members. The professional and personal conduct of Council Members must be above reproach and should avoid even the appearance of impropriety. Council Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other Council Members, City staff or public. (d) Respect for process. Council Members shall perform their duties in 58 accordance with the processes and rules of order established by the City Council governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the City Council by City staff. (e) Incompatible employment. No Council Member, City employee or other public official shall engage in or accept private employment, or render services for private interests, when such employment or service is incompatible with the proper discharge of his/her official duties or would tend to impair his/her independence of judgment or action in the performance of his/her official duties. (f) Use of public property. No Council Member or City employee shall request or permit the use of City owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available to the public generally, and in the same manner as available to the public, or are provided as City policy for the use of such official in the conduct of official business. No official shall use the time of any City employee during working hours for personal purposes. (g) Contracts with City. Council Members, City employees, or public officials shall not have a financial interest in any business transaction, or contract with the City, or in the sale of real estate, materials, supplies or services to the City, except as permitted in the conflict of interest statutes of the state. (h) Disclosure of interest in legislation. A Council Member who has a financial or other private interest in any legislation shall disclose on the records of the City Council or other appropriate authority the nature and extent of such interest. (i) Conflict of interest. In order to assure their independence and impartiality on behalf of the common good, Council Members shall not use their official positions to influence government decisions in which they have a material financial interest. In accordance with the law, Council Members shall disclose investments, interests in real property, sources of income and gifts; and abstain from participating in deliberations and decision-making where conflicts, as determined under applicable laws, may exist. Council Members should endeavor to consult with the City Attorney before any Council meeting to allow an evaluation by the City Attorney of any potential conflict. (j) Confidential information. Council Members shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests. (k) Advocacy. When representing the City while serving on or appearing before other government agencies or in court, Council Members shall represent the official policies or positions of the City Council to the best of their ability when designated as delegates for this purpose. When representing the City while serving on or appearing before other government agencies or in court, Council Members shall advocate policies that are in the best interest of the City over their own personal interests. When presenting their individual opinions and positions, Council Members shall explicitly state they do not represent the City Council or the City, and shall not allow the inference that they do. (I) Positive workplace environment. Council Members shall support positive and constructive workplace environment for City employees and for citizens and " businesses dealing with the City. Council Members shall recognize their special role in dealings with City employees not provide direction to City staff in violation of the City Charter.. Section 14. ENFORCEMENT OF DECORUM. The Chief of Police or such member or members of the Police Department as he/she may designate shall be Sergeant-at- Arms of the Council meetings. He/she shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting. Upon instructions of the Presiding Officer, it shall be the duty of the Sergeant- 59 at-Arms or designee to place any person who violates the order and decorum of the meeting under arrest, and cause him/her to be prosecuted under the provisions of this Code or state law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 14th day of March, 2022. h 24. t MAY R OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF TH CITY OF CYPRESS STATE OF CALIFORNIA } COUNTY OF ORANGE } ss I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of said City Council held on the 14th day of March, 2022, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Minikus, Peat, Hertz-Mallari and Morales NOES: 1 COUNCIL MEMBERS: Marquez ABSENT: 0 COUNCIL MEMBERS: None .04 1/9‘kii:--2CWAY CITY CLERK OF THE CI—Y OF CYPRESS