TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kim Summers, City Manager
PREPARED BY: Cristal McDonald, City Clerk
SUBJECT:
title
Rules of Procedures
end
RECOMMENDATION
recommendation
Discuss and adopt Resolution No. 24-4791 entitled: A Resolution of the City Council of the City of Murrieta, California, Amending Rules of Procedure for City Council Meetings and Related Functions and Activities; OR
Consider and take such action, if any, as the City Council deems appropriate.
body
PRIOR ACTION/VOTE
On November 19, 2019, the City Council adopted Resolution No.19-4178, amending the Rules of Procedures for City Council meetings and related functions.
On September 21, 2021, the City Council adopted Resolution No. 21-4463, amending the Rules of Procedures related to Governing Body Commission/Committee/Board Reports and Governing Body Announcements.
On February 21, 2023, the City Council adopted Resolution No. 23-4643, amending the Rules of Procedures by adding a new section on the agenda for City Council Member Requests to Add Items to Future Agendas.
On July 31, 2024, the City Council held a Special Workshop and, via consensus, provided direction for updates to the Rules of Procedures to be brought back at a future regular City Council meeting (Non-Action Item).
CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.
BACKGROUND
Under the Murrieta Municipal Code (MMC) §2.04.040, Adoption of Procedures, the City Council shall, by resolution, adopt rules of procedure to govern the conduct of its meetings and any of its other functions, activities, and regulations pertaining to it. Rules of Procedures establish uniform norms and processes to assist the City Council in conducting business in an orderly and fair manner related to City business. Over the years, several versions of City Council Rules of Procedures (ROPs) have been adopted, amended, or repealed.
Currently, Resolution No. 19-4178 provides the principal procedures which remain in effect, in addition to Resolution Nos. 21-4463 (Governing Body Commission/Committee/Board Reports and Governing Body Announcements) and 23-4643 (Council Member Requests to Add Items to Future Agendas).
Since 2023, City Council Members have requested updates to portions of the ROPs for 1) Council Member Requests for Future Agenda Items, 2) Presiding Officer (Mayor Rotation), and 3) Motion for Reconsideration. On July 31, 2024, the City Council held a Special City Council Workshop (Workshop) and discussed the City's history of the ROPs and comparisons with other cities and variations of the items of interest.
Recommended Workshop Updates
During the Workshop, direction was given to update the City Council ROPs as follows:
1. Future Agenda Items (Current Authority: Resolution Nos. 19-4178 §2.8; 23-4643)
The City Council requested an update to include the ability for a Council Member to request an agendized item from the City Manager directly. This will allow the City Manager to not only guide the Council Member based on expertise, history, and context, but also determine if it should be placed on an agenda.
If appropriate, the City Manager will add the item to an agenda under discussion. If there are costs associated, the City Manager will include the item under the Council Member Requests to Add Items to Future Agendas for the Council Member to seek consensus to bring the item forward as a future discussion item. With this process, since the request will be on the agenda, the Council Member can provide the specifics of the request.
2. Presiding Officer (Current Authority: Resolution No. 19-4178 §3)
The Mayor has a ceremonial role with responsibilities including presiding over City Council meetings, signing City Council-approved documents, and representing the City Council at various events. The Mayor position currently rotates yearly based on the time served, with the Mayor Pro Tem similarly rotating and progressing to the Mayor position.
The City Council requested eliminating the automatic rotation of the Mayor and Mayor Pro Tem, also eliminating §3.1.3.4, which established rotation protocol in the event two or more City Council Members are newly elected at the same election.
Effective December 2024, a majority of the City Council will select the Mayor and the Mayor Pro Tem to serve for a one-year term. This will occur at the first regular meeting in December of every year or as soon after that is feasible and, when applicable, immediately following the certification of election results and seating of new City Council Members. The City Clerk shall conduct the nomination and appointment procedure for the office of the Mayor, followed by the nomination and appointment procedure for the office of the Mayor Pro Tem, which the newly appointed Mayor will conduct unless the Mayor prefers to have the City Clerk facilitate the appointment.
In no event shall a Mayor serve more than a one-year term.
Considerations when selecting the Mayor or Mayor Pro Tem may include:
1. The previous and current City Council Member tenure.
2. Having served as Mayor Pro Tem prior to serving as Mayor.
3. Demonstrates the ability to perform responsibilities such as:
a. Proper and professional representation of the City Council as a whole;
b. Inclusivity of all City Council Members;
c. Preside over City Council meetings efficiently;
d. Accurately articulate the City Council's majority opinion to the public;
e. Is professional and courteous to staff and the public at all times;
f. Upholds the City Council/City Manager form of government and informs only the City Manager of any departmental concerns;
g. Collaborates and considers the input of all stakeholders, including City Council Members; and
h. Maintains integrity and honesty at all times.
If the City Council is unsuccessful in its appointment efforts, whether it be by insufficiency of votes or failed action pursuant to procedural rules of order, the item shall be reconsidered during the next regular City Council meeting with the expectation of securing the requisite consensus of the full body. If consensus is not gained after the second consecutive City Council meeting, the Mayor Pro Tem shall assume the office of the Mayor until the next annual reorganization meeting, and the position of the Mayor Pro Tem will be reopened for nominations.
Recognizing the responsibility placed on the Mayor and Mayor Pro Tern, no member shall have an obligation to serve as either Mayor or Mayor Pro Tem should they not wish to do so.
The Mayor may be censured or be removed by unanimous vote of the remaining members in the event that the Mayor's conduct in office does not represent the best interests of the City, including violation of the code of conduct, unprofessional conduct, and failure to represent the positions of the City Council when acting in the capacity of Mayor.
3. Motion for Reconsideration (Current Authority: Resolution No. 19-4178 §7.4)
Reconsideration language will align with the Roberts Rules of Order procedure, which allows a City Council Member who voted on the prevailing side of the original motion to request reconsideration on a non-public hearing item, subject to time limits. At the Workshop, the City Council had a consensus allowing a Motion for Reconsideration to be made at the same or next meeting to consider new information or correct inadvertent errors. Adding Reconsiderations as a standing item on the agenda will provide City Council Members with a clear opportunity to bring forward any motions.
If the motion to reconsider passes, then when the original matter returns, the matter may be discussed and debated as if it were on the floor for the first time. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the City Council.
FISCAL IMPACT
None.
ATTACHMENTS
1. July 31, 2024 Workshop Memorandum (with no attachments)
2. Resolution No. 24-4791