Chapter 1.05
CITY COUNCIL
Sections:
1.05.010 Meetings of the Council.
1.05.060 Processing of motions.
1.05.070 Precedence of motions.
1.05.130 City Council – Membership.
1.05.010 Meetings of the Council.
A. Regular Meetings. Regular meetings of the City Council shall be held at the hour of 7:00 p.m. on the second and fourth Tuesdays of each month in the Council’s chamber, 1200 Main Street, Newman, California. Whenever the day fixed for any regular meeting of the Council falls upon a day designated by law as a legal or national holiday, such meeting shall be held at the same hour on the next succeeding day not a holiday. If, due to an emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place as designated by the Mayor.
B. Special Meetings. Special meetings may be called at any time in the manner provided for by statute1.
C. Adjourned Meetings. All meetings may be adjourned to a time and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened.
D. Quorum. A majority of the Council constitutes a quorum for transaction of business. Less than a majority may adjourn from time to time. If all Councilmen are absent from any regular meeting, the City Clerk shall declare the meeting adjourned to a stated day and hour. He shall cause a written notice of the adjournment to be delivered personally to each Councilman at least three hours before the adjourned meeting. (Ord. 98-2 § 1, 7-28-1998; Ord. 95-2, 3-24-1995; Ord. 258, 8-11-1970)
1.05.020 Agenda.
In order to facilitate the orderly conduct of the business of the Council, the City Clerk shall be notified no later than 5:00 p.m. of the Wednesday immediately preceding the regular Council meeting of all reports, communications, ordinances, resolutions, contracts, documents, or other matters to be submitted to the Council at such meeting. Immediately thereafter, the City Clerk shall arrange a list of such matters according to the order of business and furnish each member of the City Council, the City Attorney, and each department head with a copy of the same prior to the Council meetings, and as far in advance of the meetings as time for preparation will permit. Unanimous consent of the Council must be obtained before matters not on the agenda may be presented to the Council. (Ord. 78-19, 12-26-1978)
1.05.030 Order of business.
The business of the Council shall be taken up for consideration and disposition in an order determined by the City Council by resolution. (Ord. 78-19, 12-26-1978)
1.05.040 Presiding officer.
A. The Mayor, or in his absence the Mayor Pro Tempore, shall preside at all meetings of the Council. He shall be entitled to vote, but shall possess no veto power. He shall be recognized as the official head of the City for all ceremonial purposes.
B. The Mayor shall be elected by the City electors at a general municipal election and shall hold office for two years.
C. The Mayor shall preserve strict order and decorum at all regular and special meetings of the Council. He shall state every question coming before the Council, call for the vote, 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 shall govern and conclusively determine such question of order. He shall sign all ordinances adopted by the Council during his presence. In the event of the absence of the Mayor, the Mayor Pro Tempore shall sign ordinances as then adopted. (Ord. 77-8, 3-8-1977)
1.05.050 Reading of minutes.
Unless the 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 Clerk has previously furnished each member with a copy thereof.
1.05.060 Processing of motions.
When a motion is made and seconded, it should be stated by the Mayor before debate. A motion may not be withdrawn by the mover without the consent of the members seconding it and the approval of the Council.
A. Motion Out of Order. The Mayor may at any time, by majority consent of the members, permit a member to introduce an ordinance, resolution or motion out of the regular agenda order.
B. Division of Question. If the question contains two or more divisionable propositions, the Mayor may, and upon a request of a member shall (unless appealed), divide the same.
1.05.070 Precedence of motions.
When a motion is before the Council, no motion shall be entertained except: (1) to adjourn; (2) to fix hour of adjournment; (3) to lay on the table; (4) for the previous question; (5) to postpone to a certain day; (6) to refer; (7) to amend; and (8) to postpone indefinitely. These motions shall have precedence in the order indicated.
A. Motion to Adjourn (Not Debatable). A motion to adjourn shall be in order at any time, except as follows: (1) when repeated without intervening business or discussion; (2) when made as an interruption of a member while speaking; (3) when the previous question has been ordered; and (4) while a vote is being taken. A motion to adjourn “to another time” is debatable only as to the time to which the meeting is adjourned.
B. Motion to Fix Hour of Adjournment. Purpose is to set a definite time at which to adjourn; undebatable and unamendable except as to time set.
C. Motion to Table. Purpose is to temporarily by-pass the subject. A motion to lay on the table is undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be “taken from the table” at any time prior to the end of the next regular meeting.
D. Motion for Previous Question. Purpose is to close debate on main motion; undebatable. Just shouting “question” does not accomplish the same thing. If motion fails, debate is reopened; if motion passes, then vote on the main motion.
E. Motion to Amend (Debatable Only as to Amendment). A motion to amend an amendment is in order, but one to amend an amendment to an amendment is not. An amendment modifying the intention of a motion is in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject is acceptable. Amendments are voted first, then the main motion is amended.
F. Motion to Postpone. A motion to postpone indefinitely is fully debatable and if the same is adopted, the principal question shall be declared lost. Motions to postpone to a definite time are not amendable and debatable as to propriety of postponement and time set. Motions to “refer” are similarly not debatable except for the propriety of referring.
1.05.080 Rules of order.
Except as otherwise provided in this chapter, “Robert’s Rules of Order, Revised, 75th Anniversary Edition” shall govern the conduct of the meetings of the City Council.
1.05.090 Voting.
On the passage of every motion, the vote shall be taken by voice or roll call and entered in full upon the record.
A. Upon demand of any member, made before the negative has been put, the roll call shall be called for yeas and nays upon any question before the Council. It shall not be in order for members to explain their vote during the roll call. Any member may change his vote before the next order of business.
B. Every member should vote unless disqualified for cause accepted by vote of the Council or by opinion of the City Attorney.
1.05.100 Reconsideration.
Any member who voted with the majority may move a reconsideration of any action at the same (or “have entered on the minutes” for vote at the next succeeding) meeting, providing no legal rights have intervened to create an estoppel. After a motion for reconsideration has once been acted on, no other motion for a reconsideration thereof shall be made without unanimous consent.
1.05.110 Personal privilege.
The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his integrity, character or motives are questioned, or to where the welfare of the Council is concerned; he may interrupt another speaker if the chairman recognizes the “privilege.”
1.05.120 Appeal.
Any decision or ruling of the Mayor may be appealed by request of any member. The Mayor shall call for roll call to see if the chair shall be upheld; if the roll call loses, the Mayor’s decision is reversed. (Ord. 258, 8-11-1970)
1.05.130 City Council – Membership.
The government of the City of Newman, a general law City, is vested in a City Council of five members. The Mayor, whether elected by the electors or chosen by the members of the Council, is a member of the Council and has all the powers and duties of a member of the Council unless otherwise specifically authorized. The City Council must function as a whole and not by its members separately. The City Council is a continuing body regardless of the changes that from time to time may take place in its personnel. (Ord. 88-6, 8-9-1988)
California Gov. Code § 54956.