CHAPTER 4
CITY OFFICES – COUNCIL
CHAMBERS – MEETINGS
Sections:
§ 2404 Presenting Matters to Council – Agendas.
§ 2407 Duties of Presiding Officer.
§ 2409 Rules of Debate and Procedure.
§ 2410 Addressing the Council.
§ 2411 Addressing Council After Motion Is Made.
§ 2412 Manner of Addressing Council.
§ 2414 Voting Required – Disqualification.
§ 2416 Councilmembers to Avoid Improper Consideration of Pending or Contemplated Matters.
§ 2417 Preparation and Introduction of Ordinances, Resolutions and Other Matters.
§ 2418 Robert’s Rules of Order.
2400 Council Chambers.
The Council Chambers of the City Council of the City of Carson shall be located at 701 East Carson Street. Meetings of the City Council shall be held in the Council Chambers, except that meetings, after commencement in said Council Chambers, may be recessed by majority vote of the Council and public announcement then and there given to continue at a specified place within the City limits when necessary or convenient for the transaction of Council business; provided, that any such meeting shall be concluded, or any adjournment ordered, in said Council Chambers. (Ord. 2, § 2400; Ord. 14, § 1; Ord. 69-63, § 1; Ord. 76-376U, § 1)
2401 City Offices.
The offices of all agencies, departments, officers and employees of the City shall be located at 701 East Carson Street in the City of Carson. The location of City offices may be changed by resolution of the City Council or by amendment of this Section. (Ord. 2, § 2401; Ord. 41, § 1; Ord. 69-105, § 1; Ord. 69-108, § 1; Ord. 76-367U, § 1)
2402 City Offices – Hours.
The City offices of the City of Carson shall be closed on all official State holidays as listed in Section 6700 of the California Government Code. Said City offices shall be open to the public for business on all other days of the year except Fridays, Saturdays, and any other days established by Resolution of the City Council. The City office hours shall be from 7:00 a.m. to 6:00 p.m. (Ord. 2, § 2402; Ord. 69-108, § 2; Ord. 90-930, § 1; Ord. 91-960U, § 1; Ord. 91-960, § 1)
2403 Council Meetings.
A. Regular Meetings. Regular meetings of the City Council shall be held on the first and third Tuesdays of each month during the months of January through December, unless otherwise determined by the City Council. All regular meetings are to be held at the hour of 5:00 p.m. If any such day is on a holiday, then the meeting shall be held on the next succeeding day which is not a holiday, or on such other day as determined by the City Council. If any such day is a Statewide election day or a regular or special municipal election day, then the meeting shall be held on the next succeeding day or on such other day as determined by the City Council. During the second City Council meeting of January of each year the City Council shall select one of its members to serve as Mayor Pro Tempore. The Mayor Pro Tempore shall serve for a term of one (1) year from the date of selection, shall not serve consecutive terms of office, and shall be selected on a rotating basis with each succeeding Mayor Pro Tempore being selected on the basis of the Councilmember with the longest continuous service on the City Council.
B. Special Meetings. The Council shall hold special meetings when called by order of the Mayor, or in the absence of the Mayor by the Mayor Pro Tempore, or by a majority of the Council. All meetings shall be in the Council Chambers or the adjacent Council Conference Room in the City Hall unless otherwise determined by the Council; any other place of meeting shall be shown in the notice of meeting.
C. Closed Sessions. Closed sessions held pursuant to law shall be subject to the provisions of CMC 2407, 2408, 2409, 2413(A), 2414, and all other applicable provisions of this Chapter. Prior to holding a closed session regarding pending litigation, a statement shall be made as to which subdivision of Government Code Section 54956.9 it is pursuant. Upon the Council’s return to the open meeting following the closed session, the presiding officer or designee shall publicly announce the action taken in the closed session terminating or disposing of the matter acted upon in accordance with the action and direction of the Council, except closed sessions regarding pending litigation after which the City Attorney shall prepare and submit a memorandum pursuant to Government Code 54956.9.
D. Notice of Meeting. Notice of all special meetings shall be given by the City Clerk to all members of the Council, to the City Attorney, to the City Administrator and to representatives of all newspapers and radio stations which have so requested in writing, and a copy thereof shall be posted in one (1) public place designated by the City Council that is freely accessible to members of the public. All such notices shall be given in writing at least twenty-four (24) hours prior to the time of such meeting and shall specify the time and place of the special meeting and the business to be transacted. Any such notice may be waived by a member of the City Council, by filing with the City Clerk a written waiver of notice at or prior to the time of the meeting. Such waiver may be given by telegram. Attendance at the time and place specified shall be deemed a waiver of notice of such meeting. (Ord. 2, § 2403; Ord. 36, § 1; Ord. 69-63, § 2; Ord. 70-131; Ord. 72-236, §§ 1, 2; Ord. 77-400, § 1; Ord. 77-415, § 1; Ord. 79-462, § 1; Ord. 87-818, § 1; Ord. 95-1053, § 1; Ord. 98-1144, § 1; Ord. 01-1226, § 1; Ord. 07-1394, § 4; Ord. 17-1641, § 1; Ord. 18-1802*, §§ 1, 2; Ord. 21-2101, § 2)
*Code reviser’s note: Ord. 18-1802 inadvertently omitted revisions from Ordinance 17-1641. The code has been updated to include the intended amendments from both Ordinances 17-1641 and 18-1802.
2404 Presenting Matters to Council – Agendas.
(a) City Manager and Mayor generally have the authority to set the agenda subject to relevant provisions of the Ralph M. Brown Act and this Section.
(i) Any Councilmember or department head may request that the City Manager place an item on the agenda by making such request in writing to the City Manager before 4:00 p.m. on the Monday of the week preceding the Council meeting.
(ii) The City Manager shall meet and confer with the Mayor to discuss the items proposed for the Council meeting agenda. The Mayor shall review and finalize the agenda by 12:00 p.m. on the Tuesday of the week preceding the Council meeting. In the Mayor’s absence, the Mayor Pro Tem may proceed pursuant to this subsection (a)(ii).
(iii) If significant staff work is involved with the proposed item, or for any other reason the City Manager or Mayor does not deem appropriate the placement of an item on a requested agenda, the City Manager shall, by 6:00 p.m. on the Tuesday of the week preceding the Council meeting, consult the Councilmember or department head who requested the proposed item as to whether a modification can be made to the request, or as to whether the item may be placed on a subsequent agenda.
After such consultation, if agreement cannot be reached, the City Manager shall bring the proposed item to an agenda under “Council Member Requests to Add Items to Future Agendas.” If the Council decides by a two-thirds (2/3) majority vote of Councilmembers present at that meeting to add such item to the agenda, then the City Manager shall add such item to the agenda for either the next regular meeting, or at a meeting determined by a majority vote of Councilmembers present at that meeting.
(b) City Manager shall prepare an agenda in compliance with all relevant provisions of the Ralph M. Brown Act, and the City Manager shall also:
(i) Distribute a preliminary draft of the agenda to each member of the Council by 9:00 a.m. on Wednesday of the week preceding the Council meeting.
(ii) Deliver to members of the Council a complete copy of such final agenda no later than 6:00 p.m. on the Thursday preceding the Council meeting.
(c) At a Council meeting, any member of the Council may, when an agenda item is reached during the meeting, request that such item be continued to the next regular meeting or to an adjourned regular meeting, so as to allow additional evaluation, study and staff discussion. As a matter of courtesy to that Councilmember, the Council has traditionally honored that request. However, a majority of the members of the entire Council may, when deemed to be in the interest of the majority, act on any item listed on an agenda notwithstanding the request for continuance by an individual Councilmember. (Ord. 15-1562, § 1; Ord. 18-1832, § 2)
2405 Order of Business.
A. Attendance at Council Meetings and Order of Business. All meetings of the City Council shall be open to the public except as otherwise provided by law. Promptly at the hour set on the day of each regular or special meeting, the members of the Council, and unless excused by the City Council, the City Manager, the City Clerk, and the City Attorney, shall take their assigned stations in the Council Chambers and on the day of each regular meeting, the business of the Council shall be taken up for consideration and disposition in the order established by resolution of the City Council.
B. Meetings to Conclude by 11:00 P.M.
i. All regular or adjourned meetings of the City Council shall conclude not later than 11:00 p.m.
ii. The order of business for the regular or adjourned meetings of the City Council shall be as established by resolution, as discussed in subsection (A) of this Section, except that, during that portion of each City Council meeting that includes an item to approve the agenda, the City Manager shall, at that point in the agenda, orally advise the City Council of any time-sensitive item(s) included on such agenda, and the City Council shall advance any such item(s) deemed to be time-sensitive and requiring a decision that night, to that place on such agenda immediately following the “consent calendar” items on such agenda.
iii. Except by majority vote of the entire City Council, agenda items not concluded before 10:45 p.m. shall be automatically continued to the next regular or adjourned City Council meeting or a special City Council meeting called in accordance with this Code or State law.
iv. Commencing not later than 10:45 p.m. of every regular or adjourned City Council meeting, the City Council shall commence those agenda items calling for oral communications from Councilmembers, City staff, and memorial adjournments, which communications shall conclude not later than 11:00 p.m.
v. Nothing in this subsection shall be construed as affecting the right any member of the public may have to speak on an item in accordance with this Code or State law.
C. Oral Communications. The oral communications portion of the agenda is the point in the Council meeting where individuals or groups may make brief comments regarding items that are not on the agenda but are within the subject matter jurisdiction of the Council. Although individual Councilmembers may provide brief responses to the oral communications, the Council may not discuss or take any action on matters raised during oral communications except as provided by State law and CMC 2404(c). (Ord. 72-236, § 2; Ord. 87-818, § 1; Ord. 90-920U, § 2; Ord. 90-920, § 2; Ord. 01-1226, § 2; Ord. 01-1234, § 1; Ord. 07-1390, § 1; Ord. 12-1489, § 1)
2406 Presiding Officer.
The Mayor, or in his absence the Mayor Pro Tempore, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Council to order. In the absence of the Mayor and the Mayor Pro Tempore, the City Clerk or Deputy City Clerk shall call the Council to order, whereupon a temporary chairman shall be selected by the members of the Council present. Upon the arrival of the Mayor or Mayor Pro Tempore, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the Council. (Ord. 72-236, § 2)
2407 Duties of Presiding Officer.
The Presiding Officer shall open all regular and special meetings of the Council by taking the chair and calling the members to order. He shall state each question before the Council in the order in which it is to be acted upon, recognize members entitled to the floor, state and put to vote all questions which are regularly moved or which arise in the course of the proceedings and announce the decision of the Council on all subjects. He shall 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. The Presiding Officer shall authenticate, by his signature, when necessary, all the acts, orders, and proceedings of the Council. (Ord. 72-236, § 2)
2408 Quorum.
A majority of all the members elected to the Council shall constitute a quorum at any regular or special meeting of the Council. When there is no quorum, the Mayor Pro Tempore or any member of the Council shall adjourn such meeting, or if no member of the Council is present, the City Clerk shall adjourn the meeting. (Ord. 72-236, § 2)
2409 Rules of Debate and Procedure.
A. The Presiding Officer or such other member of the Council as may be presiding may move, second and debate from the chair subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Councilman by reason of his acting as the Presiding Officer. A Councilmember may not speak more than once or for more than five (5) minutes during the consideration of any question during the debate thereon, except for a motion for reconsideration. If a proper motion for reconsideration is before the Council, each Councilmember shall be granted an additional five (5) minutes to address the motion for reconsideration and, if approved, the motion shall then be immediately reconsidered. Upon reconsideration, a new period of five (5) minutes will be afforded each Councilmember to speak on the motion being reconsidered. A Councilmember may not yield to any other member the time for which he or she is entitled to speak. Notwithstanding the foregoing, if a request is made for the maker of a motion to repeat or clarify the motion, the Councilmember may speak briefly and only for the purpose of repeating or clarifying the motion.
B. Getting the Floor. Every Councilmember desiring to speak shall request recognition by means of the electronic queuing system provided in the Council chambers, and every Councilmember shall be recognized to speak in the exact order in which they have indicated their request to speak on the electronic queuing system. Upon recognition by the Presiding Officer, every Councilmember shall confine himself to the question under debate, avoiding all personalities and indecorous language.
C. Interruptions. A member, once recognized, shall not be interrupted when speaking, unless it be to call him to order, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order be determined, and, if in order, he shall be permitted to proceed.
D. Closing Debate. Debate shall be closed by a motion calling for the “previous question.” When seconded, such motion is undebatable and shall be immediately put to a vote. If the motion fails, debate may be reopened. If the motion is approved by a majority of those present and voting, there shall be no more debate on that subject.
E. Motion. A motion shall have a second before it is properly before the City Council for debate.
F. Motion to Reconsider. A motion to reconsider any action taken by the Council may be made on the day the vote to be considered was taken or at the next succeeding meeting or at a recessed or adjourned meeting thereof. Such motion must be made by one (1) of the prevailing side, but may be seconded by any member; it may be made at any time and have precedence over all other motions; it shall be debatable. After a motion for a reconsideration has once been acted on, no other motion for a reconsideration thereof shall be made without unanimous consent of the Council.
G. Motions to Be Stated by Presiding Officer. When a motion is made, it shall be stated by the Presiding Officer before debate. Any member may demand that it be put in writing.
H. Withdrawal of Motion. A motion may be withdrawn by the mover with the consent of the seconder of the motion.
I. Amendments. It shall be in order to amend a motion at any time that it is properly before the Council but not after a call for the previous question has been moved. A motion to amend an amendment is in order, but one to amend an amendment to an amendment shall not be in order. One (1) amendment modifying the intention of a motion shall be in order, but an amendment on a different matter shall not be in order. One (1) substitute motion on the same subject is acceptable; provided, that a substitute motion which merely states the converse of the main motion shall not be in order. There shall be only one (1) amendment or one (1) substitute motion to a main motion pending at any time. If an amended or substitute motion fails, the main motion shall then be considered by the Council. If the main motion fails, a new main motion may be made to which only one (1) amendment or substitute motion shall be permitted.
J. Motion to Lay on Table. A motion to lay on the table shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the consideration of the subject may be resumed during the Council meeting in which the motion was adopted only upon a motion of a member voting with the majority and with the consent of two-thirds (2/3) of the members present. Notwithstanding CMC 2404, if a motion to lay on the table is adopted and a motion to resume is not adopted during the Council meeting in which the motion to lay on the table was adopted, the matter may not be placed on a future agenda unless a member of the Council places an item on an agenda to remove the matter from the table, and a majority of the Council approve placing the matter on the agenda at a duly noticed public meeting in compliance with all laws.
K. Motion to Postpone. A motion to postpone indefinitely is fully debatable and if the same is adopted, the principal question shall be declared lost. Notwithstanding CMC 2404, if a motion to postpone indefinitely is adopted, the matter may not be placed on a future agenda unless a member of the Council places an item on an agenda to take up the matter postponed, and a majority of the Council approve placing the matter on the agenda at a duly noticed public meeting in compliance with all laws. A motion to postpone to a definite time is amendable and debatable as to propriety and time set.
L. Motion to Refer. A motion to refer is not debatable except as to time or place of the referral.
M. Motion to Rescind. A motion to rescind an action if permissible pursuant to law may be made at any time, is debatable, and may be amended. Such motion must be made by one (1) of the prevailing side, but may be seconded by any member.
N. Motion to Adjourn. A motion to adjourn is not debatable and is in order at any time except as follows:
a. When repeated without intervening business or discussion.
b. When made as an interruption of a member while speaking.
c. When the previous question has been ordered.
d. While a vote is being taken.
A motion to adjourn is debatable only as to the time to which the meeting is to be adjourned.
O. Remarks of Councilmembers. Unless otherwise directed by the Presiding Officer, remarks and/or debate shall not be entered into the minutes. A Councilmember may request the privilege of having an abstract of his or her statement on any subject under consideration by the Council entered into the minutes. If the Council consents thereto by a majority vote, such abstract shall be entered into the minutes.
P. Council Action on Certain Routine, Procedural and Unanimous Consent Matters. When a motion has been duly made and seconded on a matter which is routine or procedural, the Council unanimously concurs therein and a roll call vote is not required by law or this Code nor requested by any member of the Council, the Presiding Officer may state in substance: “There be no objection, it is so ordered.” No objection being stated, the action shall be deemed to have been taken by unanimous voice vote of the Council and the City Clerk shall record such action in the minutes of the meeting.
Q. Brief Explanation. The Presiding Officer may explain the order of business when the motion pending before the Council is not debatable. The explanation may not consume more than two (2) minutes.
R. Councilmember Oral Communications. Oral communications by members of the City Council to report on their intergovernmental committee, board, or commission assignments or other oral reports on their activities as a member of the City Council shall be limited to no more than five (5) minutes per Council meeting. (Ord. 72-236, § 2; Ord. 07-1394, § 2; Ord. 09-1438, § 1; Ord. 12-1496, § 1; Ord. 12-1497, § 1; Ord. 12-1505, § 1; Ord. 13-1514, § 1)
2410 Addressing the Council.
Any person desiring to address the Council shall first secure the permission of the Presiding Officer to do so; provided, however, that under the following headings of business, any qualified and interested person may address the Council upon obtaining the recognition of the Presiding Officer:
A. Written Communications. Interested parties or their authorized representatives may direct written communications to the Council in regard to matters then under discussion.
B. Oral Communications. Members of the public may address the Council by oral communications on any matter within the subject matter jurisdiction of the City Council, at such place in the agenda as may be designated by the City Council; provided, however, that preference shall be given to those persons who notify the City Administrator in advance of their desire to speak in order that the same may appear on the agenda of the Council. The City Council may limit the time allowed for each member of the public to address the Council as reasonably necessary to enable the Council to conduct its business.
C. Public Hearings. When the Presiding Officer opens the public testimony portion of a public hearing item, interested persons or their authorized representatives may present evidence and address the Council extemporaneously, or by reading protests, petitions, or communications in regard to matters then under consideration, subject at all times to the maintenance of order by the Presiding Officer and compliance with the time limits set forth in CMC 2412 unless otherwise specified by the Presiding Officer. All public testimony on public hearing items shall be given during the public testimony portion of the public hearing item. After the close of the public testimony portion for the public hearing, no member of the general public shall be entitled to speak or present any other evidence or communications on the item. (Ord. 72-236, § 2; Ord. 87-818, § 1; Ord. 01-1226, § 3)
2411 Addressing Council After Motion Is Made.
When a motion is pending before the Council, no person other than a Councilmember shall address the Council without first securing the permission of the presiding officer to do so. (Ord. 72-236, § 2)
2412 Manner of Addressing Council.
A. Protocol. Each person desiring to address the Council is requested to fill out a speaker card and to give that card to the City Clerk. The use of speaker cards is for the purpose of ensuring that a speaker’s name is entered correctly in the minutes of the Council meeting. Speaker cards are to be submitted to the City Clerk prior to the commencement of the meeting but no later than the point in the meeting when the item about which the speaker desires to speak is reached on the agenda and announced by the Presiding Officer. When his or her name has been called by the Presiding Officer, he or she shall step up to the audience podium, state his or her name in an audible tone of voice for the record, and, unless further time is granted by the Council, shall limit his or her comments to three (3) minutes. Except as authorized in subsection B of this Section, no person shall be permitted to yield additional time to the speaker. No person, other than the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer. No question shall be asked a Councilmember except through the Presiding Officer.
B. Spokesperson for Group of Persons. Whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Presiding Officer to request that a spokesperson be chosen by the group to address the Council. When a spokesperson is chosen, that spokesperson may be yielded time from up to three (3) additional persons who have turned in speaker cards to the City Clerk, unless a greater or lesser time to speak is designated by the Presiding Officer. In such cases, the spokesperson shall use the additional time to present additional data or argument from the group so as to limit the number of persons required to speak and avoid unnecessary repetition. (Ord. 72-236, § 2; Ord. 01-1226, § 4; Ord. 11-1465, § 1)
2413 Decorum.
A. By Councilmembers. While the Council is in session, the members must preserve order and decorum, and a member shall not, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking, nor refuse to obey the orders of the Council or the Presiding Officer, except as may be otherwise provided.
B. By Other Persons. Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the Council may be forthwith, by the Presiding Officer, barred from further audience at said meeting before the Council, unless permission to continue be granted by a majority vote of the Council.
C. Enforcement. Any law enforcement officer on duty, or whose services are commanded by the Presiding Officer, shall be Sergeant-at-Arms of the Council meetings. He, or they, 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-at-Arms, or any of them present, to place any person who violates the order and decorum of the meeting under arrest, and cause him to be prosecuted under the provisions of this Code, the complaint to be signed by the Presiding Officer. (Ord. 72-236, § 2)
2414 Voting Required – Disqualification.
Any disqualified member shall openly state or have the Presiding Officer announce the fact and nature of such disqualification in open meeting, and shall not be subject to further inquiry.
A member who is disqualified by conflict of interest in any matter shall not remain in the Chamber during the debate and vote on such matter, but shall request and be given the Presiding Officer’s permission to absent himself. A member stating such disqualification shall not be counted as part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. Any member having a remote interest in any matter as provided in the Government Code shall divulge the same before voting. (Ord. 72-236, § 2)
2415 Roll Call Vote.
A roll call vote shall be taken upon the adoption of all ordinances and be entered upon the minutes of the proceedings of the Council. Upon request of any member, a roll call vote shall be taken and recorded on any vote. Whenever a recorded or roll call vote of the Council is in order, the City Clerk shall call the names of the members in alphabetic order, with the Mayor voting last in every case. (Ord. 72-236, § 2)
2416 Councilmembers to Avoid Improper Consideration of Pending or Contemplated Matters.
A. Fair Hearings. Members of the Council shall exercise care to avoid discussion or listening to a discussion of the facts of any matter which by law requires evidence to be taken at a public hearing and findings of fact to be made by the City Council while such matter is pending before the City Council, except in a public hearing before the Council. The Council shall exercise like care as to any such matter which is pending before an agency of the City and which is expected to be the subject of public hearing by the City Council.
B. Open Mind. No member of the Council shall pledge or promise to vote in a certain way on any such matter. (Ord. 72-236, § 2)
2417 Preparation and Introduction of Ordinances, Resolutions and Other Matters.
A. Preparation of Ordinances. All ordinances shall be prepared in final form by the City Attorney. Ordinances may be requested of the City Attorney by a majority vote of the Council, or requested by any member of the City Council or by the City Administrator. In addition the City Attorney may recommend ordinances on his own initiative.
B. Prior Approval of Ordinances. All ordinances, resolutions and contract documents shall, before presentation to the Council, have been approved as to form and legality by the City Attorney or his authorized representative, and, where there are substantive matters of administration involved, shall have been examined and approved as to such matters by the City Administrator or his authorized representative.
C. Introduction and Adoption of Ordinances and Resolutions. All ordinances shall be read in full either at the time of introduction or passage except when, after reading by title, further reading is waived by regular motion and adopted by majority vote of all Councilmembers present.
Resolutions which have been prepared in writing and distributed to the members of the Council need not be read in full nor shall a motion waiving further reading be required after reading of the resolution number and title except resolutions for the payment of money. Any member may call for a roll call vote or demand that a resolution be read in full.
When a resolution has not been prepared in advance, the resolution may be presented verbally in motion form together with the instruction for the written preparation and later execution. (Ord. 72-236, § 2; Ord. 96-1086, § 1)
2418 Robert’s Rules of Order.
In all matters and things not otherwise provided for herein, the proceedings of the Council shall be governed by “Robert’s Rules of Order,” 1990 (10th) Edition. However, no ordinance, resolution, proceedings or other action of the City Council shall be invalidated, or the legality thereof otherwise affected, by the failure or omission to observe or follow said Rules. Except as specifically provided elsewhere in this Code, any rule of procedure affecting the order of business may be suspended with the approval of a majority of members of the entire City Council. (Ord. 2, § 2405; Ord. 72-236, § 2; Ord. 96-1086, § 2; Ord. 07-1394, § 3)
2419 Repealed.
Repealed by Ord. 23-2302. (Ord. 18-1801, § 2)
2450 Code of Ethics.
A. Purpose. The City of Carson hereby adopts this Code of Ethics for members of the City Council and the City’s commissions, boards and committees (collectively “members”) to ensure the citizens of the City receive fair, ethical and accountable government, with adherence to both the spirit and the letter of the law affecting governmental operations. Nothing in the Code of Ethics is intended to limit or otherwise infringe on the First Amendment rights of free speech or association of public officials or members of the public, or to conflict with any Federal, State or local laws.
B. Distribution of Code of Ethics. This Code of Ethics shall be included in the regular orientations for candidates for City Council, application packets to commissions, boards, and committees, and given to newly elected and appointed officials. Members entering office shall sign a statement affirming they read and understood the City of Carson Code of Ethics. In addition, the Code of Ethics shall be periodically reviewed and updated by the City Council upon recommendations from commissions, boards, committees, and the citizens of Carson.
C. Adherence to Principles. All members shall strive to adhere to the principles set forth in the Code of Ethics. If it appears that any member has not or is not adhering to the principles in this Code of Ethics, a hearing may be held by the City Council to discuss whether action should be taken. No hearing may be held, unless: (1) the hearing is requested by two members of the City Council, and (2) the person who is the subject of the hearing is given thirty (30) days’ advance notice of the hearing, which notice shall describe the facts and reason for the hearing. The person who is the subject of the hearing shall be afforded all appropriate due process, including a meaningful opportunity to respond to allegations before any action is taken pursuant to subsection (D) of this Section.
D. Actions Against Members. If, after a hearing described in subsection (C) of this Section, the Council wishes to take action in response to any violation of the Code of Ethics, such action may include a public admonishment, a resolution of censure, removal of the member from the commission, board or committee on which he or she serves (does not apply to members of the Council), or any other action reasonably related to ensuring that member does not engage in future Code of Ethics violations; provided further, that such action is consistent with all Federal, State and local laws. The Council may adopt a policy of progressive remedies starting with warnings and increasing to more serious penalties to deter or prevent future violations.
E. Code of Ethics. The following principles shall constitute the Carson Code of Ethics, applicable to all members of the City Council and the City’s commissions, boards and committees:
1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, members will work for the common good of the people of Carson 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 Carson City Council, commissions, boards and committees.
2. Comply with the Law. Members shall comply with the laws of the nation, the State of California and the City of Carson in the performance of their public duties. These laws include, but are not limited to: the United States and California constitutions; the Carson Municipal Code; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government. Members shall also comply with all applicable City policies and procedures.
3. Conduct of Members. The professional and personal conduct of members must be above reproach and should take steps to avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the Council, commissions, boards and committees, the staff or the public.
4. Respect for Process. Members shall perform their duties in accordance with the processes and rules of order established by the City Council and commissions, boards, and committees governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the City Council by City staff.
5. Conduct of Public Meetings. Members shall prepare themselves for public issues, listen courteously and attentively to all public discussions before the body, and focus their attentions on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body, or interfering with the orderly conduct of meetings.
6. Decisions Based on Merit. Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.
7. Communication. Members shall publicly share substantive information that is relevant to a matter under consideration by the Council or commissions, boards, and committees, which they may have received from sources outside of the public decision-making process.
8. Conflict of Interest. In order to assure their independence and impartiality on behalf of the common good, members shall not use their official positions to influence government decisions in which they have a material financial interest, or where they have an organizational responsibility or personal relationship which may give the appearance of a conflict of interest.
In accordance with the law, members who are subject to the City’s Conflict Code shall, in accordance with the Conflict Code, disclose investments, interests in real property, sources of income and gifts; and abstain from participating in deliberations and decision-making where conflicts may exist.
9. Gifts and Favors. Members shall not use their public office to take any special advantage of services or opportunities for personal gain that are not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised.
10. Confidential Information. 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.
11. Use of Public Resources. Members shall not use public resources not available to the public in general, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.
12. Representations of Private Interests. In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any commission, board, committee, or proceeding of the City, nor shall members of commissions, boards, and committees appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies. This section shall not prevent members of commissions, boards, and committees from attending meetings of the Council or other commissions, boards or committees and advocating their views on matters of public policy, provided they are not doing so as a lobbyist for compensation.
13. Advocacy. Members shall represent the official policies or positions of the City Council, commission, board, or committee to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members shall explicitly state that they do not represent their body or the City of Carson, nor shall they allow the inference that they do. When representing the City on Federal, State, or regional bodies, members shall advocate policies which are in the best interest of the City of Carson over their own personal interests.
14. Policy Role of Members. Members shall respect and adhere to the council-manager structure of Carson City government. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by the public, commissions, boards, committees, and City staff.
Individual members therefore shall not interfere with the administrative functions of the City or the professional duties of City staff; nor shall they impair the ability of staff to implement Council policy decisions.
15. Independence of Commissions, Boards, and Committees. Because of the value of the independent advice of commissions, boards, and committees to the public decision-making process, members of Council shall refrain from using their position to unduly influence the deliberations or outcomes of board and commission proceedings.
16. Positive Workplace Environment. Members shall support the maintenance of a positive and constructive workplace environment for City employees and for citizens and businesses dealing with the City. Members shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to staff.
F. No Effect on Decisions. A violation of this Code of Ethics shall not be a basis for challenging the validity of any Council, commission, board, or committee decision. (Ord. 08-1409, § 1)
2460 Incompatible Office.
As authorized by Government Code Section 1099(a), members of the Carson City Council are expressly authorized to hold office simultaneously as elected or appointed officers of the City of Carson and as elected or appointed officers of the California State University, Dominguez Hills, Alumni Advisory Council, the Compton Community College District Board of Trustees, the Compton Unified School District Board of Trustees, the Greater Los Angeles County Vector Control District Board of Trustees, the Los Angeles County College District Board of Trustees, the Los Angeles Unified School District Board of Trustees, the Metropolitan Water District Board of Directors, the Sanitation District of Los Angeles County Board of Directors, the South Coast Air Quality Management District Governing Board, the Southern California Association of Governments General Assembly, the Water Replenishment District of Southern California Board of Directors, or the West Basin Municipal Water District Board of Directors. The foregoing offices are declared by the City Council to be an exception to the potential prohibitions of Government Code Section 1099. (Ord. 17-1642U, § 1; Ord. 17-1643, § 1)