HomeMy WebLinkAboutCity Council Manual - 1976 - Resolution 4330 - City Council CITY COUNCIL MANUAL
Revised 1989
City of Huntington Beach
County of Orange
State of California
Prepared by:
Gail C. Hutton
City Attorney
1, 04 . 06 Adoption of ordinances . With the sole exception of
emergency ordinances which take effect upon adoption, no
ordinance shall be adopted by the City Council on the day of its
introduction nor within five (5) days thereafter nor at any time
other than a regular or adjourned regular meeting. (Charter
§ 500)
1, 04 .07 Reading of ordinances . At the time of introduction
or adoption of an ordinance it shall be read by title only.
(Charter § 500)
1. 04 . 08 Alteration of ordinance after introduction. In the
event that any ordinance is altered after its introduction, the
same shall not be finally adopted except at a regular or
adjourned regular meeting being held not less than five (5) days
after the date upon which such ordinance was so altered. The
correction of typographical or clerical errors shall not
constitute the making of an alteration within the meaning of
this section. (Charter § 500)
1.04 . 09 The vote. The vote on all motions shall be by roll
call, and may be recorded by electronic or mechanical means .
1. 04 . 10 Division of question ("split vote") . If the
question contains two (2) or more divisible propositions, the
Mayor may, and at the request of any councilperson shall, divide
the question (also called "split vote") . Example:
(1) Waive further reading of ordinance/resolution (requires
unanimous vote) .
(2) Adopt.
1. 04 . 11 Tie votes . If a vote is a tie, the motion fails
except that on appellate matters a tie vote on a motion to
sustain the lower body' s decision has the effect of sustaining
the decision of the lower body. A tie vote on a negative motion
does not approve the affirmative side of the motion. Thus a tie
vote on a motion to disapprove or not to do something does not
automatically adopt the opposite. After such tie vote the
question should be made in the affirmative mode.
1. 04 . 12 Nomination and election. Nomination and election
for the offices of mayor and mayor pro tempore shall follow the
following procedure:
(a) At the time set for nomination and election, the mayor
and mayor pro tempore shall vacate their respective offices as
such, and the City Clerk or other presiding officer shall call
the Council to order and proceed to conduct an election for the
office of mayor.
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(b) Any member may nominate any other member, no seconds
being required, and nominations shall be open until a motion to
close shall be adopted.
(c) The vote shall then be conducted on the nominees and if
no nominee secures a majority of votes cast, a vote shall be
taken on the two nominees with the highest number of votes .
(d) All votes on nominees shall be by roll call and may be
recorded by electronic or mechanical means .
(e) No write-in votes shall be counted and any such
write-in votes shall be considered as a failure to vote.
(f) In the case of a tie for the second highest vote,
run-off ballots on such tie nominees shall be cast to break the
tie. The tie is broken when one tie nominee receives the
highest number of votes cast on such ballot. When such tie is
broken, a vote shall be taken on the nominee who has the highest
vote and the tie-breaking nominee.
(g) In case of a tie of more than two (2) nominees for the
highest vote, a vote shall be taken on such tie nominees,
eliminating all others .
(h) All run-off or tie-breaking ballots are subject to the
same elimination rules as apply to the first ballot.
(i) Successive ballots shall be cast until a nominee is
elected.
(j ) A nominee shall be elected at any time such nominee has
a majority of votes cast on any ballot in which all nominees
eligible for a final ballot are in competition.
(k) Each member shall be entitled to nominate one nominee
for each office. No member shall nominate himself .
(1) A mayor pro tempore shall then be selected by the same
process as set forth in this section for the office of mayor.
(m) The mayor and mayor pro tempore, following such proper
election, shall serve for terms of one year and until such time
as their successors have been elected, qualified and installed.
The annual election of the mayor and mayor pro tempore shall be
held at the first regular meeting following delivery of a
certificate of election, or, in years when no general or special
municipal election is held, at the second regular council
meeting in November.
1. 04 . 13 Rights of Mayor. The Mayor has the right to make
motions, second motions and vote on motions . The practice of
some deliberative bodies where the chairman does not vote except
to break a tie does not apply to the City Council .
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1. 04 . 14 Quorum. A quorum for all meetings of the City
Council is four (4) councilpersons .
1. 04 . 15 Ralph M. Brown Act. Any meeting, gathering or
coming together of four (4) or more councilpersons at which city
business is discussed is subject to, the Brown Act. (Government
Code § 54950, et seq. ) A copy of the Brown Act is found in the
appendix to this manual .
1. 04 . 16 Fines , penalties and franchises . In addition to
such other acts of the City Council as are required by the
Charter to be taken by ordinance, every act of the City Council
establishing a fine or other penalty, or granting a franchise,
shall be by ordinance. (Charter § 500)
1. 04 . 17 Other actions . Actions which are not required by
the city Charter or city ordinances to be in the form of
ordinances or resolutions may be effectuated by minute action.
1, 04 . 18 When minute action is a resolution. In all
situations where an action of the City Council under the express
provisions of the city Charter or ordinances shall or may be by
resolution, a "minute action" of the City Council adopted by at
least four (4) affirmative votes, shall be deemed a resolution
for all purposes, and such action shall not fail merely because
it lacks the form or title of a resolution.
1_, 04 . 19 Minute actions . Minute actions require the
affirmative votes of a majority of councilpersons present and
voting, but not less than three (3) , except when less than a
quorum is present, the lesser number may adjourn from time to
time. (See § 1. 04 .04 for requirements of higher votes . )
1.04 .20 Motion to rescind. A motion to rescind a minute
action without advance notice requires five affirmative votes;
with notice (in the formal Council agenda) the motion requires
four affirmative votes .
1.04 .21 Motion to reconsider. A motion to reconsider, when
appropriate under Roberts Rules of Order, Newly Revised, may be
made at the same meeting or no later than the next regular
meeting of the City Council by a councilperson who voted on the
prevailing side of the motion to which it applies . The vote
required to adopt a motion to reconsider shall be a simple
majority of councilpersons present and voting, except that such
motion shall require four (4) affirmative votes in order to
reconsider any motion which required four (4) affirmative votes
for adoption. A motion to reconsider may be made only once with
respect to any motion to which it applies; however, a motion to
reconsider a main motion does not preclude the making of a
motion to reconsider the main motion as amended. A motion to
amend may be reconsidered. A motion to reconsider a motion to
reconsider is not permitted. The vote on the motion to
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reconsider shall be taken at the time the motion' to reconsider
is made except that the vote on a motion "to reconsider and
enter upon the minutes"shall be taken at the next regular
meeting of the City Council . The effect of the adoption of a
motion to reconsider is to vacate the vote taken on the motion
to which it applies and to present the motion to which it
applies to the body for action as if no vote had been taken on
it. The new vote on the motion to which it applies neither
sustains nor overrules such motion because the old vote is
vacated, and the new vote is taken as though no previous vote
had been taken.
1. 04 .22 Vote required on appellate matters . Where action
has been taken by a lower body that would be final if not
appealed, such as decisions by the Board of Zoning Adjustments
or the Planning Commission, and is subsequently appealed to the
higher body, the following procedure applies:
(a) If the motion is to sustain the lower body' s decision,
a majority of those present and voting is sufficient (four (4)
affirmative votes not required) . It is not necessary to make a
motion to overrule. When there is a tie vote, the lower body is
sustained. However, if the motion to sustain gets less than a
tie vote, a motion to overrule must be made.
(b) If the motion is to overrule the decision of the lower
body, four (4) affirmative votes are required. If there are
less than four (4) affirmative votes, the decision of the lower
body is deemed sustained and no further vote is required.
(c) If a motion is made to modify the decision of the lower
body, two separate steps must be taken:
(1) First, the motion to modify requires four (4)
affirmative votes .
(2) Second, if the motion to modify is adopted, a
motion to sustain the decision of the lower body as modified
requires the same vote as the motion to sustain.
(3) A motion to overrule the decision of the lower
body, as modified, requires four (4) affirmative votes . If
there are less than four (4) affirmative votes, the decision
of the lower body, as modified, is deemed sustained without
further vote.
(4) If a motion to modify fails, the next motion is
either to sustain or to overrule the subordinate body.
1 . 04 .23 Appointments to boards and commissions . When a
vacancy occurs for any reason on any board or agency over which
Council has power to fill by appointment, subject to the
provisions of the Maddy Act (Government Code § 54970) . The
following procedure shall be followed to fill such vacancy:
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(a) On or before December 31 of each year, Council shall
prepare an appointments list of regular and ongoing boards,
commissions and committees appointed by Council .
(b) When an unscheduled vacancy occurs, a special vacancy
notice shall be posted not earlier than twenty (20) days before
or not later than twenty (20) days after the vacancy occurs .
Final appointment shall not be made for at least ten (10)
working days after posting. If Council finds that an emergency
exists, it may fill the vacancy immediately, provided that the
person appointed shall serve only on an acting basis until the
final appointment is made.
(c) The Council shall, as soon as is reasonably possible,
fill any such vacancies, but nothing herein shall be construed
to limit its choice to a person who has submitted an
application, as outlined above.
(d) Interviews of candidates for positions on boards or
commissions shall be held in public at regular or adjourned
regular meetings of the City Council . A list of uniform
questions developed by the appropriate department will be asked
of each applicant to be interviewed. Applicants will be rated
on a numerical scale which will be made public.
Chapter 1.05
ROLE OF THE CITY ADMINISTRATOR
1, 05 . 01 Appointment and removal . The City Administrator is
the chief administrative officer in the city. He shall be
appointed by the affirmative vote of at least a majority of the
members of the City Council and shall serve at the pleasure of
the City Council . He shall not be removed from office during or
within any ninety (90) day period following any municipal
election when a councilperson is elected. He may be removed
only at a regular meeting by majority vote and thirty (30) days
prior to termination, he must be given notice of intent to
remove and, if requested, the reasons therefor. Within seven
(7) days after receipt of such notice, the City Administrator
may request a public hearing before the City Council within the
thirty (30) day period before his removal . The City Council may
suspend him but his compensation will continue until removal .
The City Council has uncontrolled discretion regarding such
removal. (Charter § 400)
1. 05 . 02 Compensation The City Council shall set the
salary of the City Administrator by ordinance or resolution.
(Charter § 403)
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Mernbers of the City Council 15 De.cember 1975
and City Administrator •Page 3
Ralph M. Brown Act
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I commend this transmittal to your serious study Should you
have questi.ons , I shall be pleased. to assist you.
Respectfully submitted,
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DON P. BONFA
City Attorney
DPB:ahb
Attachment
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SB 1. _ 10— SB l.
1 examin oa of facts and data outside the territory of the l h'. �'�°`!� a
2 local awdey"be held within the territory of the local. 2 i
3 agency and dwR be open And public, and notice-thereof 3
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4 must be ddiver+ed personally or by and at Jesit 24 hours .4 an p;ov� that nonelective positions
5 before the time of such meeting to each who:bas 5 general manager, chief apgam r, legal counsel, district
6
6 r m notice of such secretary, auditor,.assessor, treasurer or tax,cow..lector of
' • 7 any. govercmnaa►C� dborict supplying services within
7 If the adpisar9 conisslaai, ovmanittee or body 8 to provide far the W&Ag:of regular meetings, rt e-* 8 limited- shall be deemed employ ee
9 provide by bylaws,or by whatever other rule is u .9 Nothing in this r shall be cons o prevent
10 by that advisory body for the conduct of its business,for 10 any .board,.. :commission, committee, or , other body
11 the time and for holding such No 11. organized and operated by any private organization as
place regular meetings. 12• - defined in.Section 54952 from holding executive sessions
12 other notice of regular meetings is required: g
13 "Legislative body„ as defined in this section does not 13 to consider (a) matters affecting the national security,or.
14 include a couunittee composed-solely of nimibers of t ie 14 - (b) the appointment, employment or dismissal of an
15 governing body,of.a local agency which are less than a .15 -employee or to: bear. complaints or charges brought.
16 quorum of such governing body. 16 against such employee by another person or employee
17 The provisions of Sections 54954, 549a5, 54955.1, and 17 unless such .employee requests a public hearing: Said
1:8 54956 shallVto
to meetings under- his section. 18 body also may exclude from any such public or private
ig_ - yffit 19 meeting,.during the.examination of a witness, any or all
20 Code - read: 1 20 other witnesses in.the matter being investigated by the
21 549lS7. Nothing contained in this chapter shall .be 21 legislative body.
22 construed to prevent the le ++e .bed' 'a' 22 S SAC. 9. Section 54957.1 is added to .the
23 agency from holding executive sessions with the Attora Government Code, to read:
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24 General, district .attorney, sheriff, or chief of police,:or 24 The legislative body of any local agency shall
25 their.respective deputies, on matters posing a threat.to 25 publicly report at a subsequent public meeting any action
26 the security of public buildings or a threat to the ublic's' 26 . taken, and thQ rollcall.vote thereon, to appoint, employ.
IV right of access to public ices or public facilities, or 27 or dismiss a public employee arising out of any executive
P�.8 from hol executive missions d a 28. session of the legislative body.
ding regular„_m 29 SY 48 SEC 10. Section 54960.5 is added to the
M . special meeting to consider -the-.., rl
30 employment or dismissal of�public 30 Government Code, to read: �.
31 com or char t trough 31 54960.5. A court may award court costs and 2 anotherpei�n or. 32 reasonable attorney. fees to the plaintiff in an action
3 eznp � ,.:
13 requests a public i g:flFhe legislative body also:noy 33 brought-pursuant to Section 54960 where-it is found that
,� exc;;Ude from any such public or private meeting,during the local agency has violated the provisions of this article.
35 the examination of a witness,any or all other witnesses fn 35. Such costs and fees.shall be paid by the local agency, and
36 the matter being investigated by the legislative body._ 36 shall not become a personal liability of any public officer
37 or employee thereof. .
Or the purposes of this section,.fie tee 38 A court may award court costs and-reasonable attorney
3,4 shz'.t not include any person appointed to-anefflcebSthle y
39 legislative body of a-local agency; provided, howevef, fees to a defendant. in any action brought pursuant to
40 that
nouelective positions of cry rower, county � �hon 54960 where the defendant has prevailed in a
SB 1 -- 12--
1 final determination of such action and the court finds tha:
2 . the action was clearly frivolous and totally laci ig in
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3 merit.
4 lWr. 4a SEC. 41 No appropriation is made by this
.5 act, nor is any obligation created thereby under Section
6 . 2231 of the Revenue and Taxation Code, for the
7 reimbursement of any local agency for any costs that may
8. be :incurred by it in carrying on any .programs of
any
service required to be carried on or
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10 performed by it-by this.act.
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Sacramento, .California rTO.RNEy
August 1975
TO: Mayors,.Council Members, City Managers., City Clerks and:CityAt.torneys
:80I3JECT: Ralph W. Brown Act* Open 'ttbli,c Meetings
A year ago the League sent all mayors. managers, clerks and attorneys a copy of as
analysis of the Ralph M . Brown Act prepared by Frank Gillio. City Attorney of Los
Altos Hills and Millbrae. Because of the importance of the Act to all members of local
: .legislative bodies, we have added all council members to this mailing. Frequent at-
tempts to further amend the Brown Act making it impractical and unworkable also
suggest that in addition to the Gillio analysis and a.copy of the Act itself, it would be
desirable to review its history, as well the its current provisions.; so that individual
members of local legislative bodies will be fully aware of open meeting requirements
and also be in a better position to discuss proposed.amendments with their"legislabore
A detailed legislative history of all 40pate"and..Astsasably bills aiiiecting--the Brown Act
from 1953 to 1975 has been included only in the city attorneys.mailing.
The Brown Act was the forerunner of legislation designed to open"up all levels of
government to the public. Co-sponsored by:the- League.of California Cities and the
California Newspaper Publishers Association it was adopted.in 1953 to give new vigor
j to century-old public meeting laws that were all too frequently ignored. It also ex-
tended the open meeting requirements to a.wide variety:of local.public agencies. boards
and commissions not then covered:by an.open meeting law. The very earliest statutes
in.California's first legislative session"in 1850.provided.with resepect to."cities generally
"A city shall. by ordinance. fix tho times and places of holding their stated meetings,
i 'Between
their proceedings .shall be .public.." (Section 10, Chapter" 14, Statutes
1850.) Between 1850 and 1870 a similar ro�i.p 0ion was included in each special act
creating a city and in 1883 with the adoption of the Municipal Corporations Act under
which general law cities were formed, Section 858.(Government Code:Section 30808)
provided "All_meetings shall.be public." (Chapter 49,.Statutes 1883.) . Every char-
ter adopted pursuant.to Article XI of the Constitution .has-included a"provision requiring
council meetings to be.public.. The. -Brown:Act throw.the spotlight.of compliance on open.
{ meeting laws and unlawful secret meetings today are both rare and hazardous.
In extending the open meeting lave-to all local'.jurisdictions, boards and: oommissions
and focusing the public's attention"on'open meeang:laws,.the Br*Wn Act declared ".It
*Government Code Sections 54950-54981 (attached)
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1 (9161 44.1 f-79M �A14,un•,'um
is the intent of the law that their (legislative bodies) actions be taken openly and that
their deliberations be conducti;d openly. " A H enacted in 1953. the Brown act required
all meetings of a legislative body of a local agency to be open and public and granted
all persons the right to attend much meetingH . "Legislative body" was broadly.defined .
to include not only all local governing Ix)(fiew but also local honrdH and commissions
"Local agency" also waH broadly defined tc) include every type of. local public body .
Each legislative body of a local agency was required by ordinance or resolution to
provide for the conduct of its meetings including the time and place thereof.. Provision
was made for the holding of special meetings provided 24 hours notice of the meeting
was given to all news media.requesting written notice. Notice of the special meeting
.had to contain the time and place of the meeting as well as the business to be transacted .
No other business could be considered. Executive sessions were limited to the consi-
deration of the appointment, employment or dismissal of public officers or employees
or to hear complaints or charges brought against such officers or employees. While
the Brown Act as enacted in 1953 did not include a penalty or a method of enforcement,
the first appellate decision to interpret, the law held that two existing provisions of other
statutes prescribed a misderi�eanor�penalty.. (Govert ihent Code Section 1222; Penal
Code Section 177.)
The first major revision of the Brown Act occurred in 1961 when Governor (Pat)
Brown vetoed one bill which, among other things, would have made any action taken
in violation of the Brown Act void but approved a substantially similar bill iahich .ex-
cluded the objectionable section. The 1961 legislation added a short title, definition
of legislative body and. more importantly, a definition of "action taken" as well as two
methods of enforcing V!s open meeting law. It made each member of the legislative body
attending a meeting in violation of the Act with knowledge of the fact that the meeting was .
in violation thereof guilty of a misdemeanor. It also authorized any interested person
to bring an action to prevent the holding or threatened holding of closed meetings. The
law also hag been amended from.time to time to make it expressly applicable to charter
cities, to include advisory bodies and to require mailed notice of-meeetings to property
owners by public distracts. As Mr. Gillio's paper clearly indicates, the courts, and
particularly the Attorney General, have had many occasions to interpret the Act..*. They
both agree that it applies to all meetings of a majority of the members of the legislative
body where public business is discussed. The Act does not apply to social gatherings
and the difference between a social gathering and a meeting arranged for pursuit of
the public's business will usually be quite apparent as Justice Friedman noted in
Sacramento Newspaper Guild v Sacramento County, 263 C.A. 2d.41. Thus, while
the criminal penalty applies only to unlikwful me�ings where action'is 'taken, the courts
may enjoin any meeting or threatened sheeting-wlk ere the public bis iid' of the particular
local agency is discussed or deliberated.
Attempts have been trade almost every year to extend the Brown Act to committees of
lees than a quorum notwithstanding the fact that such committees or individuals `cannot
take action. The courts and the Attorney.General have stated:
"In general terms, the concept is that.the Act does not apply to meetings
*Secret Meeting Laws Applicable to Public Agencies - Evelle J . Younger, Attorney
General, Jan. 1972; Room 600, State Building, 350 h#Ilieter, San Prahcisco 94102
of committees of less than a quorum of the legislative body of the local agency.
`Phis is because the findings of such a committee have not been deliberated
upon by a quorum of the legislative body, and.consequently the opportunity
1'c,r a full public.: hi-aring and consideration of the committees' findings and
recommendations by a cluorum still remains.. .Hence the public's rights under
the Act are still protected . "
fhc. l,r.-0,,Iatur,! also has rejected attempts to limit the court-approved executive
�• :hi h pt-i mits the : ih attcrrney"to meet with the city council to discuss
pendnig, ..,r antitApated litigation in order. to preveritthe city's adversary from
galui ng an unfair advantage to the detriment of the public generally.
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0111:- word of caution As we said. last year, there are very few exceptions to the
open meeting requirements of the frown Act and Mr. Gillio discusses them in some
,I detail and points out that the so-called "personnel" session exception is a narrow
one. Executive sessions may not be held to consider so-called "personnel" matter:;.
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The Brown Act only permits an executive session to consider the appointment, employ-
ment or dismissal of a public officer or employee.or to hear complaints or charges'
brought against such officer or employee. It alsb.permits a legislative body to meet
in executive session with its designated representative prior to and during labor .
negotiations to discuss salaries, salary schedules and fringe benefits when necessary
i to review the city's position and instruct such representative. These are very speci-.
fie exceptions. In giving notice to .news media of a proposed executive session, the
notice should be in the language of the statute and not simply that a so-called "person-
nel" matter is to he discussed .
The. Brown Act h.-.s been a model for the rest of the country .. It was one of the first
giving renewed strength to public ,meeting laws and it has served as a good example
for state agencies and the Legislature itself. Properly adhered to and enforced, there
, probably is no better open meeting law in the country. It:has been a major factor in
maintaining good government in California Amendments other -than for purposes of
clarification or to take care of changing conditions in.the administration of the public's
business , e.g . , labor negotiations , are.unnecessary and should be avoided. .With
full knowledge of the Act and its history , .you.will be in the best possible position to
preserve a workable open meeting law for the purposes intended by its_sponsors and
by Ralph M . Hrovn .
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l William H .. Keiser Don Benninghoven
Legislativ,.e Counsel Executive Director
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BROWN ACT - .Council Meetings
(Government Code)
j `)4V,0. In vr.n-.:t Ins-, thie chapter, the Leginlature finds .and declares .that th.:-
fiil, I-onl'dA and cotm(.Un and the other publ it agenclem in t.li f r, r :,
,rxist t.,) aid in the cpnduct of the people'r� .business.• It is the :intent of tt.;: Law
1 that their actions be taken openly and that. their deliberations be conducted open-
i ly.
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The people of this State do not yield their sovereignty to the ar,encies .whi::;s
serve them. The people., in delegating authority, do not give their public servants
the right to. decide what is good for the people to know and what-.is. not good for
them to- know. The people tnaiet on. remainipR informed_so that they may retain :con--
trbl over the instruments they have created.
54950.5. This .chapter shall be known as the Ralph M. Brown .Act.
54951 . As used in this chapter, "local agency" means a county, city, whether
general law of chartered, city and,•:county, toim,. school district, municipal corpot
ation, district, political subdivision, or.. any board, commission or agency thereof
or other local public- .agency.
1 54951.1. For the purposes of this chapter, and to the eztent not inconsistent
with federal law, the term "local agency" shall include a1l; private :nonprofit or-
ganizations that receive public sone` ; to bee ended for ublic u oses. ursuant
P y zP P P. rP P
f to the "Economic Opportunity Act of 1964".
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54951.7. "Local agency",includes any, nonprofit corporation.,. created by one or
` more public. agenciee, whose board of :directors ; s. appointed.by.,duch.public agencies
and which-le forrad to acquire,``construct, rtco>0atruct,. maintain or operate any
public Mork .project.
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54952. As used in this chapter, "legislative body" means the governing board,
commission, directors or body of a local agency, or any board or_ commission thereof,
and shall include any board, commission, committee, or other body on which officers
of a local agency serve in their official capacity as members .and. which is supported
In whole or in part by# funds provided. by- such egaocy, whim tbar,surb.;board, commis-
sion, cotamittee or other body. 'its osaanitied mad operated by such local,.agency or by
i a private corporation.
54952.3. As used in. this. chapter,."legislative body";,.alsito.ancludes. any advi-
sory. commission, advisory committee;a adviMa.
body.,of: a local agency, created by
charter., ordinance, .resolution,. or by.any ir.foraal action. of:* governing
body of s local' agency.
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V Meetings of such advisory weal sions., committees or bodies. concerning sub-
f sects which do not require an.exlaination of facts and data outside the territory .
of :the local agency shall be held within the territory. of the local agency and.
shall be. open and public, .and notice thereof Must b%delivered personally or by
mail at least 24 hourv.before the .tfms of such Misting to each person who has re-
'I quested, in writing, notice of sueh. s►eeting. -
If. the advisory .commission, committee or body elects to provide for the hold-
i ing of regular. meetings., it shall provide by bylaws, or by whatever other rule is
utilized by that advisory body ..for, the ,conduct.-of its_ business,. for: the time and
i place for holding such regular.msstiapli. No othex_ notice of regular,taeetinge ie
required.
"Legislative body" as defined in this section does not include a committee
composed solely of members of the governing body of a local agency which are less
than a quorum of such governing body.
The provislon•; of C,!ctions 54954, 54955, 54955.1, and 54.956 shall not apply �
to meetings under thin section.
5495Z. 5. As used in this .chapter, "legislative body" also includes, .but is
not limited to, planning commissions, library boards, .recrention commissions, and
other pernaaent b.-vird:a or ronmi.snions of a local agency.
54952.6. A6. used in this chapter, "action taken" means 3 collective decision
made by n majority of the members of a legislative body, a collective commitment
or promise by a majority of the members of a .legislative .body to make_ a positive
or a.negative decision, or an actual vote by a majority of the members of a legis-
lative body when sitting as a body or entity, upon A motion, proposal, resolution,
order or ordinance.
54953. All meetings of the legislative body of a local agency shall be open
and public, and all persons shell be permitted to attend any meeting of the legis-
lative body of a local agency, except as otherwise provided in this chapter..
514953. 3. A member of the public shall not be required, as a condition to
attr_ndan+ at it r,e�!tl.tg of a leRislativ-2! bf,dy of a local agency, to register his
name and other informaticn, .to complete a quektionnaire, or otherwise to fulfill
any condition precedent to his attendance.
54954 . The legislative body of a local agency shall provide, by ordinance,
resolution. bylaws, or by wtiatever other rule is required for the conduct of buss `j
neon by that body, the time for holding regular meetings. Unless otherwise pro-
vided for in the act under which the loca►l. agency was formed, meetinge of the legis-
lative body need not be held within the boundaries of the territory over which the:
local agency exercises jurisdiction. If at any time any regular meeting .falls on
a holiday, such reRul:Ar meeting shall be held on the next business: day. If, by .
reason of fire, flood, earthquake or other emergency, -it shall be unsafe. to meet in .
the place destgnottd- the meetiege say be held for .the duration of the emergency
at such place as is d6itignated by the presiding officer of the legislative body.
54955. The legislative body of. a local agency mey adjourn any regular, ad-
journed regular, special or adjourned special meeting to a time and place specified .
in the order of adjournment . Less than a quorum may so adjourn . from time to time.
If al: members are absent from any regular or adjourned regular meeting the clerk .
or secretary of the legislative body may declare the meeting adjourned tc &-stated
time and place and he shall cause a written notice of the adjournment to be given
in the same manner as provided in Section 54956 for special meetings, unless such
notice 13 waived as provided fur special meetings. . A cop# of the order or notice
of adj-urnment shall be conspicuously. pasted on or near the .door of the place
where the regular, adjourned regular, specie 0or adjourned special meeting was held
within 24 hours after the time of the adjourtiment. When a.regular or adjourned
regular meeting is adjourned as provided in this secfion,. the resulting adjourned
regular meeting is a regular meeting for all purposes. When an order of adjourn-
vent of .any meeting faile.. to state the hour at :which;the adjourned awsting,.is to
be held, it shall be held at the hour specified" for regular meetings by ordinance,
resolution, by law, or other rule.
54955.1. Anv hearing being held, or noticed or ordered to be held, by a legis-
lative body of a local agency at. any' meeting may by order or .not.1ce of coatinuance
be continued or recon.tim�ed -to airy ouli`eequent �mieetitig of the legislative body in the
same manner and to the same extent set forth in Section 54955 for the adjournment
off meetings; Provided, that if the hearing is continued to a time less than 24 hours
after the time specified in the order or notice of .hearing, a copy of the order or
notice of continuance of hearing shall be posted immediately following the meeting
at which the order or declaration of continuance was adopted or made.
54956. A special meeting may be called at any time by the presiding officer
of the legislative body of a local agency, or by a majority of the members of the
legislative body, by delivering personally or by mail written notice to each mem-
ber of the legislative body and to each local newspaper of general circulation
radio or television station requesting notice in writing. Such notice must be de-
livered personally or by mail at least 24 hours before the time of such meetings as
specified in the notice. The call and notice shall specify the time and'. plaee of
the special meeting and the business to be tranacted. No other business shall be
considered at such meetings. by the legislative body. . Such written notice may be
dispensed with as to any member-who at or prior to the time and meeting convenes
files with the clerk or secretary of the legislative body a written waiver of
notice. Such waiver, may be. given by. telegram. ..S.uch written notice may also be
dispensed wit - as to .any membef� yho is. actually .present at the. meeting at .the time
it convenes..
54957. clothing contained in this chapter shall be. construed to prevent the
legislative body of .a local agency from holding executive sessions during a regular
or special meeting to consider the appointment, employment or dismissal of a public
officer or employee or to hear complaints or charges brought against such officer
or employee by another public officer, person or employee unless such officer or
employee requests .a public hearing. The legislative body. also may exclude from
any such public or private meeting, during the examination of a: witness, any or all
other witnesses in tiie matter being investigated by the legislative-body.
Nothing in this chapter shall .be construed to prevent any board, commission,
1 committee, or other body organized and operated by any private organization as de-
fined in. Section 54952 from holding executive sessions to consider :(a) matters
affecting the national security, or (b) the appointment, . employment _or dismissal ':of
an -officer or employee or to hear complaints or. charges brought against such officer
or employee by another officer, person,. or employee unless such officer or employee
j requests a public hearing. Said body also may exclude from any such public or pri-
vate meeting, during the examination of a witness, any or all other witnesses in
the matter being investigated by the legislative body.
l
1 54957.6. Notwithstanding any other provision of law, a legislative body of a
local agency may hold executive sessions with its designated representatives prior
to and during consultations and discussions with representatives of employee organt-
zations regarding the salaries, salary schedules, or compensation paid in the form
of fringe benefits of employees in order .to review its position and instruct its
designated .representatives.
54957.9. In the event that any meeting is wilfully interrupted by a group or
groups of persons so as to render the orderly conduct of such meeting unfeasible
and order cannot be restored by the removal of individuals who are wilfully inter-
rupting the meeting, the members of the legislative body conducting the meeting may
j order the meeting room cleared and continue in session. Only matters appearing on
the agenda may be considered in such a session.j Duly accredited representatives of the press or other news media, except those participating in --he disturbance,
j `✓ shall be allowed to attend any session held pursuant to this section. Nothing in
this section shall prohibit the legislative body from establishing_a procedure for .
readmitting an individual or individuals not responsible for wilfully disturbing
the orderly conduct of the meeting.
j
i
-3-
54956. The provisions of this chapter shall ,.apply to the legislative body of ,
every local agency notwithstanding the con.flictitng provisions of-iii other :state .
law.
54959. Each member of a legislative body who attends a meeting of such legis-
lative body where action is taken in violation of. any provision o.f. this chapter,
with knowledge of the fact that the meeting is in violation thereof, is guilty of
a misdemeanor.
54960. Any interested person may commence an action by mandamus, injunction
or declaratory relief for the purpose of stopping or preventing. violations or
threatened violations of .this chapter by members of the legislative body of a local
agency or to determine the applicability of this chapter to actions or threatened
future action of the legislative body.
54961. No local agency shall conduct any meeting, conference, or other func-
tion in any facility that prohibits the admittance of any person, -or persons, on
the basis of race, religious creed; color, ngtional origin, _ancesCry,. or sex. This
section shaU.apply to every local 'agency as defi"e in Section 54951.
,
Open Public Meetings
N✓
Requirements of th(- Italph M.;Brown Act and Exceptions Thereto
by
Frank Gillio
City Attorney of
Los Altos Hills and Millbrae
The Brown Act, described as.the strictest open meeting law in the United States,
requires that meetings of-each of the following be.open and public without any restriction
on the right of the public to attend:
1 . The City Council,
2.. City Boards or Commissions,
3. Advisory Committees, or
:I 4. Any other body on which city officers serve in .their official capacity
and whi rh is supported partially or totally by city funds.
5. Any private nonprofit organization receiving public money pursuant to
4
the Lconom`c Opportunity Act of 1864.
6. Any nonprofit corporation created by one or more public agencies who
also appoint the board of directors and whose purpose relates to acquisition, construction,
reconstruction, maintenance or operation of any public work project.
The requirement that meetings be open to the public does not apply to meetings of
committees of a City Council consisting of less than a quorum of its members.
Executive .or personnel sessions-from which members of the public aad press are
j barred may be held during. a regular or special meeting for the following purposes:
I
1. To consider the employment or dismissal of a public officer or employee, or to..
hear charges brought against such person, unless the officer or employee In question
requests a public hearing;
2 To discuss with the City Attorney. Iitigation pending; proposed,. or anticipated,
where a public discussion would benefit the City's adversary and be detrimental to the
public .
3 To meet with the Attorney General, District Attorney, Sheriff or Chief of Police
(or their deputies) on matters "posing a threat to the security of public buildings or a
threat to the public's right of access to public services or public facilities.'!
i
j4_ To instruct city representatives concerning salaries, salary schedules, or com-
pensation paid in the form of fringe benefits prior to or_during negoti:Lions with employee
organizations .
i
5 To negotiate and discuss with employee organization representatives following
the intervention of a State labor conciliator in a labor dispute.
6 . To consider matters affecting.the. national security, in the case of a_body
operated by a private corporation on which city officers serve in their official capacity
a:rid which is supported partially or totally by city funds.
In add:.tion. i f any meeting is willfully interrupted by a group or groups of persons
so as to render the orderly conduct of such meeting unfeasible and order cannot be re-
stored by the removal of individuals who are willfully interrupting the meeting, the mem-
bers of the body conducting the meeting may order the. meeting room cleared and continue
in session. Only matters appearing on the agenda may be considered in such a session.
Deily accredited representatives of:the press or.other news media, except those. partici-
pating in the disturbance, shall be allowed to attend any such session-. The body may .
establish a procedure for readmitting an individual or individuals not reponsible.for
willfully disturbing the orderly conduct of the meeting
Each body subject to the Brown Act is forbidden from .conducting any meeting, con-
ference, or other function in any facility that prohibits the admittance of any person, or
persons, on .the basis of race, religious creed, color, national origin, ancestry, or sex.
Attendance at a meeting in violation of the Brown.Act where action. is taken and
with knowledge of the.fact that the..meeting is in violation of the Act, carries criminal
penalties. `.
The term "action is taken" means
1 . A collective decision made by a majority of the members, or
2 . A collective commitment or promise by a majority of the members to make a
po;ny,ve or a negative decision, or
An actual vote by a majority of the members when sitting as a body on a motion,
p-oposal, resolution; order, or ordinance.
':e stated purpose of the Brown Act is to insure that public commissions, boards
and _ouncils, and other public agencies in the State of California conducttheir delibera-
t'Ora and take.their.actions.openly..
,.
-2-
w ANALYSIS
Unless otherwise indicated, all references are.to the Government Code of
California,
OPEN MEETING REQUIREMENT
The Brown Act (Secs. 54950 to 54961, incl.) requires that all meetings of the
"legislative body" of a city, among others, be open and public and all persons be per-
mitted to attend, with.exceptions,discussed later (Sec. 54953) .
The right of the public to notice of and to attend meetings without restrictions
has been jealously guarded.
A San Diego City Council rule was declared invalid which required citizens who
desired to attend "Council conferences" to register with the City Clerk and identify the
groups they represented, the agenda item in which.they were interested, and whether
they were trying to influence the passage or defeat of such legislation. Persons attend-
ing such "Council conferences" were required to agree to remain silent unless requested
to speak (27 Ops. 'Cal.Atty.Gen. 123 - 1956) . The State Legislature in 1957 amended the
Act to conform to this opinion and to provide that.a member of the public cannot be re-
quired as a condition to attending a meeting to register his name and other information,
to complete a questionnai re.. or..otherwise to fulfill:any condition which is a.condition
precedent to his attending the meeting,(Sec., 54953.9)
All that-is required under the Brown Act is.that meetings be open and public and
all persons permitted to attend. . It does not explicitly or impliedly infer a right to broad-
cast meetings. It is within the discretion of a County.Board of Supervisors to refuse to
permit a radio station to broadcast its regular meetings (38 Ops.Cal.Atty.Gen. 52 : 1961) .
A Council rule prohibiting the use of tape recorders or mechanical devices.in the
Council Chambers to obtain tapes or recordings of:council proceedings was held to be
ir,valid (Nevens_v. City of Chino - 1905 - 233 CA 2d 775) , the court noting that the.de=
vice could be operated without noise or interference with council proceedings, and that
the rule bars "what clearly should be,permitted in.making an accurate record of what
takes place at such meetings."
The open meeting requirement extends beyond meetings of the city. council. Since
the Act was adopted in 1953, the definition of.a "legislative body".has,been expanded,to
include, in addition to the City Council, the following:
1 . A planning commission, library board, recreation commission and other per-
maven! city boards or,commissions (Sec. 54952.5) .
2. Any, advisory commission, advisory, committee or advisory board, whether
created by charter,.ordinance, resolution, or any similar formal action of the city council
f (Sec. 54952.3) .
3.. Any board, commission, committee, or other body on which city officers
r;rve n their official capacity as members and which is supported in whole or in part
by city funds, whether the particular body is organized and operated by the city or
by a private corporation (Sec.. 54952)
i Any private nonprofit organization receiving public money pursuant to the
Ecc:.-tn.c Opportunity Act of 1904 (Sec 54951 .1) .
5. Any nonprofit corporation created by one or more public agencies who also.
appoint the board of directors and whose purpose. relates to acquisition, construction,
ieconstruction maintenance or operation of any public work project (Sec. 54951.7) .
However, meetings of a committee composed solely of members of the governing
bud-%. (C.-ty Council) which are less. than a quorum of such governing body are excluded
ft:>m the open meeting requirement (Adler v.. Culver City - 1960 - 184 CA 2d 783, 771;
32 Ops. Cal.. Atty.. Gen.. 240 - 1956 - See also Sec. 54952.3) .
Special provisions simplifying the operation of advisory committees should be-noted.
The procedural provisions of the Act (fixing time of meetings, notice of adjourned or
special meetings, or continuance of hearings) do not apply to advisory-'committees. If
regz;lar meetings are held, it is only necessary to provide in the by-laws or in the com-
mittee rules for their time and place.. The Act does not-apply.to committee meetings held
outside of the City if necessary 3n order to gather facts or other information. In the.ab-
se..ce of regular meetings notice of a meeting when held is required to be delivered per-
sonally or by mail twenty-four hours in advance to each-,person who has.requested, in
writing, such nonce The Act dries not apply to advisory cominitteee which are created
,r_formally !Sec 54952.3)
Under the Civic Center Act (Education- Code Sec. 16556, et seq) an organization
ising a public school facility may not.exclude. the general public or use the school facili-
ties for private or closed meetings or recreational activities. The general public may
not be excluded from attending and observing the 'meetings or recreational activities
�b� Ops. Cal. Atty. Gen, 220 - 1960) .
PENALTY AND REMEDIES
FOR VIOLATION
It 9 irnpo tan.t to determine whether,the Brown Act applies to a particular meeting.
because of the penalty provided. Each member of the.Council or of a board commission,
or cornm.t'2e, who attends a meeting "where.action is taken in.violation of any provisions
(of the Brown Act). with knowledge of the fact that. the meeting is in violation,thereof' is
guilty of'a misdemeanor (Sec' 84 `59) The terra "action taken" is defined`in Section
54a5 Q to mean:
A collective decision made by a majority of the members of a legislative
!� 1 , o collective commitment or promise by a majority of the members of a legis-.
oody to make a positive or a negative decision, or an actual.vote by a ma-
lor:ty of the members of a legislative body. W- hO i siting as a boo or:entity, upon
a .motion., proposal$ resolution order or ord ii"ance:"
-4-
The criminal penalty added in 1961 is limited to a meeting at which "action" is
Laken (Sacramento Newspaper Guild v. Sacramento Count . Board of Supervisors -
1968 - 28 CA 2d 41, 48 holding.that "the;misdeaiean9it'penalty of the Brown Act is
focused on the meeting where action is taken, not on`the meeting confined to deliberation") .
.However, any interested.person may commence a civil action in the Superior Court
(Mandamus, Injunction or Declaratory Relief) to stop or prevent either a..violation or a
threatened violation of the Brown Act, or'to.determ ne whether the Ae# applies to. "actions
or threatened future.action" (Sec. 54900)
i The validity of the.actions taken at a.meeting claimed to have been held_in violation
II of the Brown Act, nevertheless,; hr3lve been held by the courts not to be affected.
Violations of the Brown Act even if true.as charged would not invalidate a compre-
hensive zoning ordinance (Adler v. Culver CU.-'.1960.- 184 CA 2d 7630 774-7.75; Clare-
mont Taxpayers Association v. City of Claremont - 1903 - 223 CA'2d 580, 593-594) .
Even if a Police Commission regulation requiring police officers (off:duty or on duty
in civilian dress) to be equipped with -a revolver was.passed secretly the"regulation
would not be invalidated (Stribling v.-Mailliard -` 197.0 6 CA 3d 470, 474)
Answering claims that a violation of the Brown Act occurred by reason of telephone
contact among the members of a Redevelopment Agency and holding of one or more meetings
concerning qualifications of proposed redevelopers prior to a joint public study session of
the Council and Agency, the Court (Old Town Development Corporation v. The Urban
Renewal Agency of the City of Monterey - 1967 - 249 CA 2d 313, 329) after noting that .
there was no allegation that the '!action .taken" in.adopting-each resolution_determining
which.was the qualified proposal and.setting:a hearing on land dispoeitioa was.not at a
public meeting, held:
"Insofar.as the allegations su66est that there was. '.a collective,commitment
or promise by a majority of'the members.of (the Agency) to make it positive or
negative decision' on the matters in question, in violation of the Brown Act, it
would not invalidate the action.subsequently taken.. (The) contentions
regarding purported violations of the Brown Act' are unavailing, because,
even if true, the ordinance would not.be invalidated`.
WHAT IS A MEETING?
As frequently pointed out, one of the problems. connected with application of this
4 Act is its failure to define .the word "meeting" (36 Ops. Cal. Atty. Gen. 175 - 1960) . Both
Attorne-y General and the'Courts have discussed what constitutes.a "meeting" .
Construed in the light of.the Brown Act's objectives, the. term "meeting".extends to
informal sessions or conferences designed for the discussion of public husinesy. By the
speci!ic inclusion of committees and their meetings, the Brown Act deg:onstr,ates its ge-ne? +ii
` `✓ application to collective-investigatory and consideration activity 91-opping .A uffi.,;O
action (Sacramento Newspaper Guild v. Sacramento County Board of )uurvisors
U9,68 :'63 CA ?.d 41 , 49, 51 iti11(,1h,ing a luncheon meeting.attended hy-the.enttre Fir, �r
I .
d.✓ r..�
of Super•Asors, other county officers, and members of the Central:Labor Council
AFL-ClO, at which the social workers union strike against Sacramento County.
was diarnssed, and.to which newspaper reporters were denied admission._ The-
Court held the luncheon to be a meeting within the meaning of the Act.)
'rnp- B.-Own Act does govern regularly held luncheon meetings by members
of one or more City Councils with representatives of certain civic associations to
discuss items of area importance (school and airport facilities, water supply_ ,
sewage disposal and beach erosion) , and at which a City Council regularly
schectules attendance as a group`(43 Ops. Cal. Atty. Gen. 36 - 1964) . The public
is entitled to notice of and the right.to attend such meetings because even.though
no decisions or agreements to make decisions were made at such informal luncheon
sessio zs, the nature of such meetings and perhaps their true purpose and design .
was to provide a forum for the free exchange of information and.ideas on items of
area importance with a view toward. obtaining a general consensus which in turn .
woul-i provide the bases for fruitful "action" by the legislative bodies. However,
mere social attendance by'a majority of'a Council at luncheons or dinners given
b, civic or fraternal organizations, .such as.the Rotary., Kiwanis, Lions:, Optimists,
Elks or Moose, does not constitute a meeting of the City Council subject to the Act.
The Brown Act does not apply to special committees or subcommittees con-
s sting jf less than a quorum of the members of the legislative body .(e.g. , City
Council) which created them, because the. necessity and opportunity for full public
deliberation by the legislative body :still remains.....The Act does apply t A_:committee
composed of a majority or more of the members of the legislative body (32 Ope. Cal
Atty.. Gen . 240 - 1959) .
The requirements of the Brown Act cannot be avoided by the use-of the device
commonly known as a "committee of the whole" (27 Ops. Cal. Atty. Gen. 123 - 1956) .
In 1963 the Attorney General (42 Ops. Cal. Atty. Gen. 61) held that there is
� o s�at+itory authority for excepting "informal sessions" from the application .
cf the Brown Act. in holding that the public was entitled to notice of and..to attend
b►lefing sessions held in the City of Lodi, 30.minutes.prior to scheduled.public
. .ee?ings in the City Manager's conference chambers, the Attorney General noted
...at Ye requirement that meetings be open and public had been interpreted as in-
: ...rg d�scuesion sessions within the term "meetings" . The right to notice and to
attend a mee-ing is not dependent on whether "action" is taken or whether the mem-
oers -f the governing body do or do not intend to take action. The term "all meetings"
t r-ai� .ot�ziy was interpreted as encompassing more than just meetings at which formal
ac``.on was taken. The references in the Brown Act concerning "action taken"
re*, only to the imposition of criminal penalties on the members of legislative
bodes . These provisions are separate and distinct from those provisions giving
the people the right to notice of and attendance at all meetings of the legislative
bodf.
A hear'ng officer appointed under a grievance procedure established by an �
agreement to hear charges preferred against_a city .employee. who demanded that .
�•e hearing be opened to the public is not`.required to conduct a public heading.
-6-
The single "hearing officer" who functions by himself is not a "legislative
body" nor is the hearing a "meeting" within the meaning of the Brown Act.
a hearing conducted by a single individual (is not required to).be opened to
the public ." under the Act. Sections of.the,Act defining "legislative body"
use words all of which import the involvement of more than one person,.-and con
ventional definitions of "meeting" refer to the presence of more than one person
(Wilson v. San' Francisco. :Municipal Railway - 1973 - 29.CA 3d 870, 878-881) .
A meeting of a local admissions committee of the County Superintendent
of Schools' office to review the application of an educationally handicapped child
to attend special education classes is not subject:to the Brown Act because the
committee is not.a.legislative body :of a.local agency within the meaning of.the Act
by reason of being an advisory arm. or adjunct to a single county officer (58 Ops.
Cal . Atty. Gen. 14, 16 - .1973) .
i
i The earliest California appellate court decision interpreting what is a
meeting under the Brown Act, as well as other of its provisions, was Adler v,.-
City Council of.the City of Culver City (1960) 184 CA 2d 763. Notwithstanding the
Attorney_General's misconception.of the Adler decision and the 1961 amendments
following that decision (42 Ops Cal. Atty Gen. 81 - 1963) . Adler has. beensub-
sequently cited with "approval and except where affected by subsequent legislative
action, itremains-as much the law'of.the state as any.other decision'of the District
Court of Appeal. In Stribling v: _MaiUiard - 1970 6.CA 3d 4701, %47.4-475; the
court, after citing Adler, said: " (Some of the effects of the Adler case were removed
,•✓. by legislation, but the proposal to make void..any action,taken at nonpublic meetings
was objected to by the Governor and,was:eliminated from:the proposed aniendment.
to the statute. See 42 Ope. Cal. Atty. gen. 61,68 1963...)"
EXCEPTIONS TO,THE OPEN
MEETING REQUIREMENT
There are several exceptions to.the strict rule of the Brown Act that all
meetings shall be open and public, and all persons be permittedz to attend These
exceptions appear in the Brown Act itself°or;have been created by interpretation
ti
of.both the appellate oourts and the Attorney General: .
An executive.session may be held during a regular or special meeting
1 . With the Attorney General, district attorney, sheriff or chief of.police,
or their deputies; "on matters posing a threat to the security of public buildings
�I or a threat to the public's right of access to public services or public facilities.; or.
2. _ to consider the appointment_ , employment or dismissal of a public officer
or employee, or to hear.complaints or charges. brought against an officer'or employee,.
unless the officer or employee requests a public.he (Sec. 54857) .
A board, commission, committee; or other body organized and opt.rated by a
private corporation on which city officers serve.in:their.official capacity as memberw
and which is supported in whole or in' part by city funds, may hold .executive
sessions concerning:
1 . Matters affecting the national security,. or
2. The appointment, employment or dismissal of an officer or employee or to
hear complaints or charges brought agartat an officer or employee, unless the officer
or employee requests a.public hearing (Secs. 54052, 54057) .
In either of the foregoing cases during the examination of a witness, any or all
other witnesses in the matter being investigated may be excluded whether the meeting
is being conducted as a public or private one.
The City Council may._hold an executive session with its City Attorney to discuss
litigation pending, proposed, or anticipated. The..authorities are cited:under the topic
"Litigation" .
A City Council may hold executive sessions with its designated representatives
prior to and during consultations and. discussions with employee organization represen-
tatives concerning salaries, salary.:schedules or compensation paid in the form of fringe
benefits in order to`review the city's.poeition and instruct its representatives '(Sec. 54957.6)
A City Council may negotiate and discuss with representatives of employee-organi-
zations during an executive session held after the intervention of a state labor conciliator
as authorized by law without violating the Brown Act, because the records of the Depart-
ment of Industrial Relations are confidential. If the confidentiality required by law is
to be maintained, the deliberations which the records memorialize must also be privileged ../
and confidential. The purpose of the statute (Labor Code Sec. 66) is to prevent the
disclosure of what transpires during conciliation proceedings. (51 Ops. Cal. Atty. Gen.
201 - 1988) . The labor negotiations exception appearing. in the Brown Act (Sec. 54.957.6)
refers to a city council holding.executive sessions.with its.representatives...:.-The most
recent exception found by the Attorney General refzir® to an executive session with rep-
resentatives of the employees.
EXECUTIVE SESSIONS
The right to hold an executive session to consider "personnel" matters,is described:
as a narrow exception and certain rules have been laid down .
An executive session may be held.only during a.regular or special meeting for
which adequate notice has been given as required by the _Brown Act (43 Ops. Cal Atty.
Gen. 79 - 1984) .
The appointment of.a Councilman to fill an existing vacancy during an executive
session following which no public vote is taken by the Council in connection with the
appointment is proPer because executive sessions may be held to consider the appoint-
ment of a public officer, among other things. The word "oonsider" includes tKe—Firght
to act in the ma r o appointment of an officer .(Lucas. v. Board of Trustees of Armijo
Joint Union High School Dtstrict - 1971 - 18 CA 3d 888, 991; 40 Ops. ^al. Atty. Gen.
4 - 1962)
The right -to hold an executive session for the. appointment of a public officer extends
to the choosing by a public body of its own officers and is not restricted to:the appoint-
ment of some person to a separate:poaiti -ot 4ro1 (Edger v Oaklerid--Museum 'Advisory
Commission - 1973 - 38 CA 3d 73, 78)
i
Neither members of the press nor any other. individuals who are not witnesses in the
matter being investigated may be admitted to an executive, session.because the Brown .
Act "does not permit exceptions to be made for one or more memlfers of the-press or any
other member of the public'' ;There is no authorization for a "semi=executive" session to.
which only particular members of the public , selected or approved by the public body
are permitted to attend. The entire purpose for authorizing executive.sessions, namely,
secrec , confidentiality, ar..d absence of publicity,.would be rendered nugatory by per
mitti individuals other than: members.of the public body involved bti attend executive'
see on (48 Ops. Cal. Atty. Geri, 34 - 1g85)
` The Brown Ac•. per ri'ls a closed session to consider the. dismissal of an officer or
p.loyee unless such officer or employee requests a public hearing. 1n a dismissal .
matter the Council's action was sufficient even thoicgh not Acne-inan open'publid meeting
. (Cozzolino v. City of Fontana - 1995`- 1.38 CA 2d 808; 812) .
The Brown Act does rr.,: require publication of a detailed agenda specifying termina-
tion of an employee's contract as a matter to bi- .considered-at :an executive session .(Lucas
1 v. Board of Trustees of Armijo Joint Union High School District - I9,71 -- 18 CA.-M
988, 992; Krausen v...S:aaho County IttrAor 'College-M-1strict - 1974 42 CA 3d 394,. 404) .
The general..ruie is that an employee may request a public hearing rather than an
executive session. The employee has no rght to require a closed meeting. Unless the
employee has asked for.a p,.i lic meeting the discretion lies with. the governing body as .
to whether the hearing shawl be public or.private (44 Ops. Cal. Atty. Gen. 147 -.1964) ,
Minutes of exec,Aive sessions c-ncerring d-scussions or action on personnel mat-
ters are not availanle.for pvb1:1c a8pection They may made public by the.determina-
tion of a major-ity jf the governing body to ma ice a1.1 or any portion of the Minutes of an
executive sesso-i p►zbtic as they deem appropriate regardless of the concurrence of the..
parties involved-, To reauire that the minutes of ar executive session must.be open-to
public inspection would destroy the very'purpose of the exception eonfained.in the-Brown
Act t44 Ops Ca) Atty Gen 147 = 1964)': :
i Whei, a schooid dlstr t emp ojee requested a pubiie hear'rig in a personnel matter ..
and the governing board held an executive session prior to,the second public hearing
in order to review the answer a given during the first public hearing,, the employee
claimed that since he had requested a public %earing.it.was improper.to consider any
phase of the matter in an exec-:t_ve session. . 'The court.held that'if there 4 was.a technical violation of the Act: it in no way. prejudiced.the employee's rights and did not
,nvalidate the. Board's ac.ion. r.ecause the Board.d d..ndt take any action or hear any addi-
�J tional evidence '.Huntington. Beach- Union-Mir- School Dist. V. Collins -.19Q2 - 202 CA
�• 2d 877, 68,41)
1 -
I
�.i
A discussion during an executive session of the qualifications of two persons to
continue as radiologists which was.followed by an open meeting during which one
agreement relating to radiology services was terminated and another approved, was
head not to violate the Brown Act because the discussion during an executive session
of the personal qualifications of the two men in question came within the "closed sea-
sion exception".provided,in the Brown Act (Letsch v -Northern Sau: Diego County
Hospital Dist. 1900 - 246 CA '8d 673, 677-878) ..
LITIGATION
Meetings of a City Council with its City Attorney for the purpose of general dia-
cussion and consideration of problems confronting the Council, including legal prob-
lems, are subject to the Brown Act. The holding of an executive sessiomwith.the City.
Attorney.to consider litigation pending or threatened originally was approved by the
Attorney General.
The public interest with which the Brown Act is concerned does not require con-
ferences between a City Council and its City Attorney held solely to discuss litigation
(including condemnation of property) pending, .pXqRWd or anticipated, to be open bo
the public where a public discussion of such matters would redound—to a benefit of
the city's adversary and to the detriment of the public 06 Ops. Cal. Atty.. Gen. 175 -
1960) . The Attorney General was quick to point out that " . . in the normal relation
between a City Council and its City Attorney. where.the City Council seeks the legal
advice of the City Attorney as-to.the legal effect of'matters-Pending before:the City
Council, such meetings must be open to the public,"
This opinion was reinforced in, 1963 when the Attorney General (42 Ops. Cal. Atty..
Gen.. 6.1) stated that meetings of.a City.Council with the City Manager,. City Attorney,
and'Planning Director are subject to the open meeting requirements:of the. Brown Act
unless the subjects under discussion involve. matters within the executive session.
exception (Sec, 54957) , or are the subject of then current_ or pending litigation within
the narrow limits carefully outlined in the 1960 opinion.
The first judicial sanction of this exception came in a case in which the District Court
of Appeal permitted a Board of Supervisora to confer with its attorney undq.r conditions
in which the lawyer-client privilege.would obtain-.(Sacramento Newspaper,Guild v..
Sacramento County Board of Supervisors - 1967. 255 CA 2d 51)
However the definitive.approval of a public body's right to meet with its attorney
in an executive session under the appropriate circumstances came one year later in
Sacramento Newspaper Guild v. ,Sacramento Co-unty Board of Supervisors (1968)
263 CA 2d 41, 52-55. A privilege attaches tb confidential lawyer-client communications
which is just as available to public agency clients. and their lawyers as to.their private
coui;terparts. The Evidence Code distinctly includes public agencies among the clients
who may assert this privilege. The privilege serves a policy assuring private consul-
tation If client and counsel must confer in public view and hearing, both privilege and
policy are stripped of value. After noting that the statutory, lawyer-eL;.nt privilege of
public.agencies actually predates the Brown Act, the Court concluded that the public
meeting requirement in the Brown Act did not abrogate by implication the statutory policy
assuring opportunity for private legal consultation by public agency clients. Government
-10-
should have no advantage in-legal strife; neither should it be'a second-'class citizen
PROCEDURAL RULES
CONCERNING MEETINGS
A meeting is not required to be held within the boundaries of the territory over
which a particular public body exercises jurisdiction unless the law under which. the
City or other local public agency was formed provides otherwise (Sec. 54954) .
Meetings of city councils in general law cities must be held within.the corporate
limits of the city (Sec. 36808) . On May. 1, 19.75, the Superior Court of San Luis Obispo
County held that the:law under which general law.cities were formed.provides that city
councils of such cities must meet within the boundaries thereof. The court also noted that
other advisory boards, commissions and committees must meet within the city limits ex-
cept for meetings which require an examination of facts and data outside the territory of
the local agency. (Five.Cities Times-;Frees Recorder; et al v. City of Arroyo Grande.-
1975 - San Luis Obispo.County.Superior Court No. -45437) .
The Merced City Charter requires:that all Cay Council meetings be held.in the Coun-
cI Chambers n the City Hall (Merced Charter Sec. 409) . Notwithstanding that notice was
g:;ren of Council dinner meetings held in local restaurants and which were attended by
the press, such meetings at which there was a discussion or deliberation concerning
public business, were held to be a violation of the Brown Act. While .the Charter require-
ment concerning the place of holding meetings was controlling, it should. be noted that
such gatherings were he'_d to be "meetings" within the decision of the Sacramento News-
paper Guild case discussed previously: . Meetings of.Councilmen with other municipal,
::ounty or statewide legislative bodies.or officials_ for the discussion of matters of common
.nAerest, wherever held, were excepted (Linton v. City Council 1068 Merced County:.
Superior Court No. 37039)
A number of procedural. rules also are laid down in the Brown Act. It requires. that.
the time and place of regular meetings be set by ordinance, resolution,.or..by-laws.. A
C
regular meeting falling on a holiday is to be held on.the next business day-. In case.of .
an emerger..c-.-, the presiding officer may designate another meeting place (Sec. 54954) .
Any type of meeting may be adjourned to a time and place specified, or by the clerk or
secretary :.a :he absence of.all members, in.which case written,notice must be given n
`,:.e same man:aer as provided for special meetings A copy of the order.or. notice of
adjournment is required to be posted at the place where the meeting was held.within
'.n hoc _s.thereafter. If the order fails to state the hour at which the adjourned.meeting
be held. it shall be held at the hour spec-:ed fox regular meetings_ (Sec.: 54955) A
rria.r be con` .a-.:ed.in the same manner as a meeting may be adjourned, but if it
is con! nued less than 24 hours after the time specified in the order or.notice of hearing;
a copy of the continuance order or notice must.be posted immediately follovirnQ_the meet-
9 Sec . 54955 .1) :
Nonce -if a special meeting, which ina be called b the presiding officer or.a
� Y Y P g
1 -i:,0or_4v of the members, 's rec0:red to be delivered personally or by i,,ail to earn
.rerr her an-1 erect bac al new-:caper , radio, or television station which has
I ;2C'tjCP 'n JVY'�.'.il� , at !CNBR �. fi irs prior to the t.me of the seek-wi meet;ng- '11it.
I
f>usiness to be transacted must be specified in addition to the time and place, and no
•,fh(-r business. may be considered. Written notice may be dispensed with as to any
,F,(I?1[1hcr who files H written waiver of notice at or prior tn the tirne (A' the special meeting.
Any %A,ai t i may he given by Ulk-kr'am Written n9ttce may be df?4pvnePd with as to-any
member who is actually prevent when the meeting convenes` (Sep:. 54956)
The required notice to news media of special meetings must be actually delivered
at least 24 hours before the time of such meeting to those media who.have requested
notice in writing. Deposit of such a notice in the mail is not sufficient. (53.0ps. Cal.
Atty. Gen. 246 - 1970) .
Any property owner within a District (but not a city). may request in writing mailed
notice of every regular or special meeting (Sec. 54054.1)... -The detailed requirements
to be complied with by the District are set forth in the 'statute.
The right to notice of special meetings has been strongly upheld.. As early as 185.8
the State Supreme Court (County of Eldorado v-.. Reed - 11 C 130) held that-the business
of the Supervisors is required to beitranQacte.d at the regular meetings provided by law,
and the public is entitled to notice"of t]!ie;businese propo8ed to be transacted at special
meetings.,
The press may require twenty-four hours advance notification of any special meeting
of the whole public agency, but such notice is not required as to any regular or adjourned
regular meeting. The minutes of a regular or special meeting. of the legislative body of.
a local public agency.are.public'reoor s open_to:inaioection (32 Ope Cal. Atty. Gen. 240 -
1958) .
MISCELLANEOUS PROVISIONS
In 1970 the State Legislature added several provisions to the Brown Act.
Every local agency within the purview of the Brown:Act is forbidden from conducting
a y meeting, conference, or other function in any facility that prohibits..the admittance
*40f any person; or tection:
ersons,' on the basis of.race, religious creed, color, -national origin.,
r
ancestry, o sex ( 54961) .
"In the event that any meeting is willfully in by a group or groups of per-
sons so as to render the orderly conduct of such.meeting unfeasible and order cannot be
restored by the removal of individuals.who are willfully,interrupting the.meeting, the
members of the legislative body conducting the,meeting may order the meeting room,
cleared and continue in session.
On,y matters appearing on tte .agenda may be,considered in such a session . Duly
accredited representatives of the press or other news media, except those participating.
:n the disturbance, shall be allowed to attend any session held pursuant to this section .
Nothing in this section shall prohibit the legislative body from establishing.a procedure
for readmitting an individual or i_ndi.viduals not responeible for willfully disturbing the
orderly conduct`of the meeting" .(Section 54057.9..)
4 _X.19?5 -12-
TY OF MIVWTINGTO EACH
V
'2 INTER-DEPARTMENT COMMUNICATION
Pit N)INC.VON bt A("fps
"
PLOYD G . BELSITO
To Acting City Administrator From City Attorney
Subject City Reimbursement for Date June 29, 1976
Expenses of Councilperson ' s
Spouse
You have asked for the City Attorne.y:' s optllion ,respecting
the legality of reimbursing the expenses of the spouse of
Council member when attending a function whose cosh when,
incurred by the Council member is reimbursed by the City .
With respect to the Council. member , rc lint)urr.;emetit. is
authorized under Section 502 of the City Charter on order of
the City Council for council-authorized travel. i_ng. and ether
expenses when on official duty upon sut)mi:;si.on of itemized
expense- account therefor. Therefore , if a Council member
attends a dinner meeting or other function "on official. duty"
as a member of the City Council , such expense is . reimbursable
upon submission of itemized expense account therefor . These
expenses should be submitted in summary forme to the City Council
for approval once each mouth as required by propo',;ed ;amended
Section 2 . 28 . 010 of the Huntington Beach Municipal Code .
I There is no prov slon in t:►tP City Charter for reimbursement
of expenses of the Council. member ' s spouse even when said spouse
f accompanies the Council member who is on "official duty" as such .
I We find no clear authority for rei mbursernent-. of expenses of
y Council lnember ' s spouse and although _1-, is riot, entirely free from
1 doubt , it; is our conservn.t:ive opinion that :;uch re.irnhursemetits
` would not: be valid inasmuch as they probably constitute a "gift
of public funds" .
1 Respectfully submitted ,
i-
DON P . I;t)NPA
City Attorney
IiPS: er
f
IfAl
39.
1Nt% A 1V1NLyL 1IN kJ 1 1 J 1 1J lJl• 1%1k-)114l116_11II L1L 1Yr Vr r lt,/nAo t
839 - 17t1i STREET, N.W. WASHINGTON, D.C. 20006 12021 347-7996
�U N TI/y
PRESIDENT U19
EUGENE N. COLLINSCity Attorney`':hattanooga, Tennessee1st VICE PRESIDENT CONARD B. MATTOX, JR.City AttorneyRichmond, vi.giniaJuly 9, 1976
2nd VICE PRESIDENT
HERBERT P. GLEASON Don P. Bonfa
Corporatinn Counsel
Boston,Massachusetts City Attorney
3rd VICE PRESIDENT P.O. Box 190 ,
THOMAS EMMET WALSH Huntington Beach, Calif. 92648
City Attorney
Spartanburg,South Carolina
Dear Don:
TREASURER
HENRY W. UNDERHILL,JR.
City Attorney This is in response to your inquiry of July 1 as to
Charlotte, North Carolina whether a Citylegally
may g y pay the expenses of a spouse
GENERAL COUNSEL of a city official who is being sent at city expense to
CHARLES S. RHYNE
Washington, D.C. a work-related conference.
TRUSTEES: Although we were unable to find .any case law in point,
N. ALEX BICKLEY the general principle governing public purpose expenditures
City Attorney
Dallas,Texas seem to support your conclusion .that such expenses could
SAMUELGORLICK not be justified as necessary for "municipal affairs. "
City Attorney. '
Burbank,California. A Minnesota court has succinctly stated_ the generally
AARON A.WILSON accepted law concerning expenditures for public purposes .
City Counselor
Kansas City,Missouri
�, "The state or its municipal subdivisions or
JOHN DEKKER
City Attorney agencies may expend public money only for a pub-
Wichita, Kansas lic purpose. - A 'public purpose ' is such an ac-
BURT PINES tivlty as will serve as a benefit to the com-
city Attorney munity as a body and which, at the same time ,
Los Angeles,California
is directly related to the functions of govern-
JAMES B. BRENNAN ment. A legislative declaration of public pur-
City Attorney
Milwaukee,Wisconsin pose is not always_ controlling. In the final
WALDO F. BALES analysis , the. courts. must make the determina-
City Attorney tion. The mere fact that some private interests
Tulsa,Oklahoma may derive an incidental benefit from the acti-
W. BERNARD RICHLAND vity does not deprive the activity of its pub-
Corporation Counsel
New York, New York 11c nature if its primary purpose is public. On
the other hand, if the primary object is to pro
WIL po, R.Q Counsel
mote some private end, the expenditure is ille-
Co.poration Counsel
Chirago, Illinois gal , although it may incidentally also serve S.G.JOHNDROE,JR. some public purpose. " Port Authority v. Fisher,
City Attorney - 269 Minn. 276, 132 N.W.-2d 183 ,- 192 (1964) . See
Fort Worth,Texas also Visina v. Freeman, 89 N.W. 2d 635 (Minn. 1958) ;
J. LAMAR SHELY Clt of Pl es.tone v. Madsen, 178 N.W. 2d 594 (Minn.
City Attorneytorney p -
Mew. Arizona 19 7 0
BENJAMIN L.BROWN
City Solicitor A California court concluded that "payment of the ne-
Baltimore,Maryland cessary expenses incurred by the duly delegated officers and
employees of the city of Roseville in attendi-g the annual
conference of the League of California Cities , will consti-
m 0 tute a lawful .disbursement of municipal funds for a public
purpose. " City of Roseville v. Tulley, 131 P. 2d 395 , 400
40 ,
Don• P. Bonfa `�"� -2- July 9., 1976.
(Cal. Ct. .pp. 1943) . The public purpose served by attendance of
city officials at this conference was that of improving the admini
stration of municipal affairs. Certainly, this same pub lip -purpose
would not be served by the attendance of city officials' spouses.
Thus , accepting the orthodox view that some public purpose is ne-
cessary to justify expenditure of public funds , it is our conclu-
sion that the expenses of the spouses of city officials cannot le-
gally be. paid by the City.
If we can be of any further assistance; please -do not hesitate
to call upon us.
Sincerely, :
Charles S. Rhyne
General Counsel
CSR:PA:jj
y
i
41.
OFFICE OF THE CITY ATTORNF,Y
OPI�II014 NO. 76-40
29 July 1976
SUBJECT: City Council/Department Head
Retreat--Brown Act
REQUESTED BY: City Administrator
PREPARED BY: City Attorney
QUESTION: Would you please provide an opinion as
to the legal ramifications and/or steps
necessary for the Council/Depart.�ient Head
retreat . to be held. Because of the fact
that the retreat is scheduled to be held
out of the city, could there possibly be
a problem with the Brown Act?
ANSWER: A City Council/Department Head Retreat may be
held out of the City but it is subject to the
Brown Act .
DISCUSSION:
You have orally explained that the purpose of the retreat
is "team building" and to study "the policy framework for
the five-year budget . " No action will be taken at the retreat .
Personnel Director Edward Thomason has told me the retreat is
tentatively planned for 'two days and one or two nights at some
as yet undetermined place in Orange County.
Wr t;he retr,cat; has a "municipal 1)W..•h030" . `1'11C C .ty
Charter reco-nines only fo.riial rneetint_s, i. e . reg ular meetin s,
including adjourned regular or re-adjourned regular meetings
(Section 506 City Charter) and special meetings (Section 507
City Charter) of the City Council .
The City Charter provides that all "meetings" shall. be hel-d in
the Council Chambers of the City or in such place within the
City to which any such meeting may be adjourned, and shall be
42.
OFI,`ICE OIL TILE CITY ATTOR11LY July 29, 1976
Opinion No . -76-40 . Page 2
0 "
open to the public . (Section 508 City -Charter ) . The Cite
Charter contains no definitions of the term "meeting" . It is
the opinion of the City Attorney that Section .5-08 refers only to
the kinds of meetings specifically mentioned in' the City Charter,
namely; regular meetings (including; adjourned regular or re- .
adjourned regular meetings ) under Section 506 and special
meetings under Section 507, and all informal meetings such as.
study sessions, conferences, retreats, et.c : may be held at any
place either within or outside the Cite as Maybe designated by
the City Council provided they are open to the public if they
are so required to be under the Ralph M. Brot-in Act .
The City Charter contains its own "Little Brown Act" in Section
510, which provides, in relevant part, that "all regular and
special meetings of the City Council shall be open - and public
. . . 7-7Emphases . added).,: with exceptions to allow executive ses-
sions as designated in said Section 510. Thus, in our opinion,
Section 510 City Charter (Citizen Participation) applies only to
formal ("regular" and "special" ) meetings of the City Council.
and—toes not apply to informal, meetings .
Although the Hallph 11. Brown Act , Section 54950 et . seq. California
Government Code, does not contain a definition of ,"meeting" , the
definition has been provided by court decisions and Attorney
t� General 's opinions . The following excerpt from the pamphlet
issued by .the office of. the Attorney General -entitled "Secret
Meeting Laws Applicable to Public Agencies" (Revised, . April 1976)
at pages 12, 13 and 14, discusses "What is a meeting?"
"IPiat is a ?ieetin,-,
"The question of what constitutes a meeting
within the Act sometimes may present a difficult
question. Of-course, no problem exists as to
.regularly scheduled and duly. noticed regular and
special meetings of a le,;islative . body. The. prob-
lem arises as to informal meetings of .a majority
of the members - of. .a board. Such a Meeting may
have varying purposes and characteristics. It
is sig;nificant. to note that the.: Act itself does
not define the term 'meeting' .
"In a published 'opinion of this office written
in 1963 vre e:;pressed the vier that so-called
'informal, ' ' study, ' 'discussion, ' 'informational, '
'fact finding, ' or 'pre-council' gathering of a
majority of the members of a board probably fell
within the scope. of the Act as 'meetings ' whether
or not the individual members intended to or
even took any action at such a gathering. 42 Ops .
Cal . .Atty. Gen. 61 (1963 ) .
43 .
i
OFFICE 010TIf� CITY ATTORNEY Jul, 29, 1976
Opinion No. 76-40 Page 3
"In 1964 we held that re,;ularl,y scheduled
luncheon meetings by the members of one or.
more city councils with representatives of
certain civic associations for the purpose
of discussing; items such as school and air-
port problems and other items of public im-
portance fell within the Act . We pointed out ,
however., that our opinion was not to be con-
strued to prohibit legislative bodies from
mere social attendance at luncheons and .dinner_s
such as are often given by fraternal groups such
as the Rotary Club or hiwanis . 43 Ops . Cal . Atty .
Gen. 36 (1964 ) . See also I.L. 71-122 to the
same general effect .
"The courts have specifically held that the. Act
now applies to informal meetings . In Sacramento
Newspaper .Guild v. Sacramento County Bd of Suers . ,
2 3 Cal. App . 2d 1 19 , the court held that a
luncheon gathering which included five county
supervisors, the county counsel; county executive,
county director of welfare and certain union offi-
cers to discuss a strike which .was underway against
the county was a meeting; within the Act , and
therefore newspaper reporters were improperl.i
excluded. The court 's language at pages 50-51
of the decision is an excellent summary of the
reasoning; behind its decision. The court. stated:
' In this area of regulatio», a.s .well 'as
others, a statute may rush beyond debatable
limits in order to block evasive techniques .
An informal conference or caucus permits
crystallization. of secret decisions to a
point just short of ceremonial acceptance.
There is rarely any purpose to a nonpublic
pre-meeting conference except to conduct
some part of the decisional process behind
closed doors . Only by embracing the collet-
tive inquiry and discussion stares, as well
as the ultimate step of official action,
can an open meeting; regrul.ation frustrate
these evasive devices . As oner.ative criteria,
.formality and informality are alien to the
law' s dosig;n, exposing; it to the very evasions
it was designed to prevent . Construed. in the
light of. the Brown Act 's objectives, the term
'meeting' extends to informal sessions or
conferences of the board members designed for
the discussion of public business . The Elks
Club luncheon, attended by the Sacramento
County Board of ,Supervisors, was such a meeting;. '
44 .
OFFICE OF THE CITY ATTORNEY July 29, 1076
Opinion No . 74-40. Pare 4
'!Thus., .meetings include informal gathering's
where the public 's business is discussed as
well as formal meetings . "
It appears that, and, in the - opinion of the City Attorney ,
a City Council/Department Head Retreat falls within the broad
purview of the. term I'm, eeting°" , as used in the. Brown Act , but
does not constitute a meeting under the City Charter. Thus ,
infornal, as distinguished from formal meetirigs, 'are subject
.to the Brown Act but not to the City Charter.
Under the Brown Act, all meetings of the legislative body of
a local agency shall be open and public and all persons shall
be permitted to attend any meeting of the legislative body
of a local a„ency, extent as otherwise provided in the /,ct -
(3ection 54953, California Government Code ) . However, the
Brown Act does not require that ieetings of the legislative
body of a local agency be held within the boundaries of the
territory over which the local agency exercises jurisdiction,
unless otherwise provided for in the Act: under which the local
agency _was formed. (Section 54954 , California Government Code ) .
The Brown Act further provides that the legislative body of
a local agency shall provide, by ordinance, "resolution, bylaws
or by whatever other rule is required for the conduct of business
by that body; the time-.for holding regular meetings . (Section
54954) California Government Code ). The City Charter by Section
506 provides that "City Council shall hold regular i'ie' etings at .
least twice each month ,at such tines as .it -shall fix by ordinance
or resolution and may adjourn or re-adjourn any regular meeting
to a date and hour certain which shall be specified in the order
of adjournment and when" so .adjourned, each adjourned meeting;
shall be a regular meeting for all purposes . . . . " " The. time and
place of regular council meetings. 'is fixed by esolution No. 4161
( Jovember 17, 1975) which. provide.s that regular council meetings
"shall be held. in the City Council. Chambers. on the. first_ and
third Mondays of each month at 7: 00 p..m.. "exc.ent. where .a meeting
falls on a -holiday it shall be held on the next business day. "
A City Council/Department Head Retreat is not a re',;ular or special
meeting of the City Council finder the City Charter and therefore
need not be held within the City limits of Huntington Reach, however,
it does fit the broad scope of the tern "meeting" under the Ralph
1-I. Brown Act and therefore, must be . open to the public . , The times ,
dates and place of the City Council/Department Head Retreat must
be announced at a regular meeting of the City Council to enable
the public and th.e press to attend- the retreat .
The following requirements should be observed:
1. The retreat shall not constitute a rer;ular or adiour. ned
regular meeting or a special meeting of the City Council. It
�✓ must not be a formal meeting.
2 . There shall be no "action taken" as defined in Government
.45.
OF 'ICF OIL' T1IE CITY ATTORNEY Jul, 29, 1976
Opinion ;do . 76-40 Page 5
Code Section 54952. 6, which read.s : " . . .collective decision
rude by a majority of the members of a lemislat.3ve body, a
collective commitment, or promise by a majority of the members
of a legislative body to make a positive or neativ.e decision,
or an actual vote by a majority of the members of a le :isla.tive
body when sittin- as a body or entity, upon a motion, proposal,
resolution, order, or ordinance . " If "action" were to be taken,
the meeting would in fact be "forma]." anti` subject to the Cite
Charter.
"Deliberation" at the retreat is inevitable and is Permitted
inasmuch as the retreat will be open to the public and under the
Drown Act need not be held within the City of Iluntin-ton Beach.
Study or deliberation without action would not appear to violate
the City Charter if no regular, adjourned or special meetin,-,,
as classified in the Charter, is involved. The reason for this
is that Section 511 of the Cite Charter provides that no ordinance
shall be adopted by the City Council at an,,, tine "other than at
a regular or adjourned ref,�ular meetin7" nor shall any "order for
the payment of money be adopted or made in any other than a
regular or adjourned regular meetin . " Although not expressly
stated in the Charter, it is. the opinion of the City Attorney that
no resolution of the City Council may be introduced or adopted
at any but regular or adjourned rer;ular. rieetinCs . There appears
to be no City Charter prohibition against study sessions or
informal sessions or retreats at which no 'faction" is taken.
CONCLUSION:
1 . A City Council/Department Head Retreat at which no "action"
is taken, held outside the City is not a violation of the City
Cliarter because it is neither a regular or adjourned, or special
Meeting of the City Council. It is an informal as distinguished
from a formal meeting.
2 . The City's "Little Drown Act", Section 510 of the Cite Charter
(Citizen Participation) ; does not prohibit such retreat because
said section is limited to "regular and s;�eci�al .meetings of the
City Council. "
3 . The Ralph M. Brown Act does apply to such .retreat by reason
of the broad scope definition of "meeting;" vihich has ,been Brafted
upon the Brown Act by court decisions and Attornev General ' s
opinions . The ]Drown Act itself contains no definition of the
term fleeting. "
46 ,
OFFICE OF THE CI`i'Y ATTORNEY Jule 29, 1976
Opinion Ho. . 76-40 Page 6
. 4 . The Brown Act does . not prohibit the City from holding.
reetings outside the City. The City Charter does not require
informal meetings to be held within the City. The renuirement
of the City Charter is that formal meetings must beheld within
the City limits.
5. Inasmuch as the out-of-town 'retreat" is subject to the
Brown Act, its times, dates and place must be .annoiinced at a
regular meeting of the City Council .and it must be open to the
public._ and the press . Although probably not technically required, ;
we advise that notice be Given pursuant to Section 54-0563, California
Government Code.
6. The reason why -no "action" may be taken at an out-of-town
retreat is not because of the Brown Act but because .if "action"
were taken the retreat would pie facto become a formal meeting of
the City Council and thus, the City Charter requirement that
such formal meetings be held within the City limits would apply.
7. We recommend that discretion be used .and that in order to
avoid criticism, the retreat not .be held at a place so distant
from the Cite of Huntington Beach as to create undue ' hardship.
upon attendance by the public or press .
8 City Attorney Memorandum Opinion dated May 21, 1973 is
superseded by this opinion.
Respectfully submitted,
:_)OI1 P. I30I0A1
City :Attorney ,ill'
DPB: er
47 .
V
May 29 .. 1973
Mr. John R. rowers
City Attorney
City of VAllejo
City Hall ,
Vallejo, California 94590
Re : Your letter of May 23 , 1973
-• Procedure for iiandlinf-
Executive Semciona of city Council
Dear Mr. Powers :
The policy described in your letter has never been
forr:alized nor has it been Put in writinw..• T had sugnested
to the then ra.yor and the City Admiglatrator that a policy
be developed for the conduct of executive sesnionq . Nothing
further wits done except that the City Administrator and T
discussed the natter and it wdn informally a�.reed that he
would sub-it to me for prior approval all topics to be
covered in council executive fsersnion;s . :his , i think,
is n lame step in the right direction.
My idea of t+hat the, policy !should be in this regard
is very simple and I will outline it as followss
1. The City: Adrinistra.tor should subrni t to the
I t.y Attorney a written agenda for each. council Executive
W :1easion for prior approval by the City Attorney in . terrin of
the, RRlph M. Brown Act , court de±ctsi.on:s and other lelzal
sources (e.g. the Attorney 'leneral 'n Pnr�Phlet:s , City
Attorney npinionrs , City Attorney Department Conference
pavern , etc . )
2 . rLher City Attorney should be rrt+sent in the neetinr,
room durlm..: all council executive nesgionn . This will i-ive
the 11nror., who Is presiclinr as chnirr.nn or th,r., npetint? , legal
coun3el on whether or not the council 11 toeing the mark
With reference to the Brown Act.
3. :.ritten minutes should be kept of all matters dis-
cussed in the exe:+cutive! nessiona . Such minutes should be
kept by tiler City Clerk end retained in an executive folder
in the City Clerk 's vaix1t . "he} purpose of the minutes , of
course, is to make curtain that matters discussed sind dect--
alons reached in executive ser,61on am reported securately .
The hur;ran mGr.ory is a frail instrument .
48 ,
;z•. John 71. r^r�i. 20 , 1g73
Re. Your lo`b�.r o!'. 3 , 1973 Fa►,,, 2
Pronedurr.. for Handling
,::xe:cuti.ve .�1.'snlons of City
Council
If . When thin City Attorney advises- the- Mnyor that
the Council is discussing a matter which should not be
discussed in executive session pursuant to the Brown Act .
the Mnyor hhould ortinr the Council to cligcontinue Such O:is-
c.ussion and to return to leg.-.illy. permitted for eft .
5 . All persons present at the executive nession,
Including the mombers of Council, City Administrator, City
Attorney, City Clerk, and other staff members , shoulA res-
pect the executive nn.ture or ,the :meeting rand all matters
Aieoussseet tht'rin and should not reveal any executive natters
to the 'press or anyone else without first obtaining- prior
.(� perminaion of the .City Council.
/ 7he.. .number of executive sessions ,hould he kept
to a mS niriuri.
7. The Council should go into executive session only
rrom and during a council meeting. ,• ( It in My position that.
nny council meeting 1s esufficieni for ,thin purpos_.e. Whether .
regular, ad ournpr! or special)
r. in announein,;,, that the Council will recess to exe-
cutive session. the Mayor should indicate what the executive
session in be nr called for. This mny be done in E.,e:ner,,l terms ,
such an : "to discuss litiustion" or to disc.us.n rer:sonnel
matters" . In my opinion, it in not necessary for 'the Mayor
to announce publicly the exact topic by title , thun , . it is
not neee_ssanry. for the ?Mayor to m-ny : -":to `dincuns. 'littration
involving? the: Doe v. City case" or "to discuss pernonnel
"1attear Involving Jane dith" . ?`a be that Specific , it neerrs
to rye,' nay reveal too much inforr:sntion which the law goes not
require and way give the nresa lr�tc�s,_ to f6llo�wr up in ordrr
to break the curtain of secrecy which in proper matters 'is
permitted by the Brown Act .
I trust the PJiove -tnfrrmntinn will he of help .,t:6 you
rind I r your city d.evelopn a .Policy on. the suh,j e`ct . or exe3cutive
session3, please send -a copy, .to the undergif,ned.
Very truly yours ,
DON P. BONFA
City Attorney
DPR:er
C. C. r'ayor Jorry A , fintney
l)nv. Id D. novrlandn , City .Administrator ,
49,
` RESOLUTION NO.. 4283
A RESOLUTION OF. THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH ADOPTING A CONFLICT OF
INTEREST CODE APPLICABLE TO THE MEMBERS OF
THE CITY COUNCIL PURSUANT TO THE POLITICAL
REFORM ACT OF 1974 `
THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RESOLVES .
AS FOLLOWS:
SECTION 1. ADOPTION OF CONFLICT OF INTEREST CODE. In
compliance with §87300 of the Government Code, the City Council
hereby adopts this Conflict of Interest Code..
SECTION 2. APPLICATION OF CODE. This Conflict of Interest
Code shall be applicable to members of the . City Council.
SECTION 3. DISCLOSURE:. . .Members of .the ,City Council are
required,; .pursuant to , Government Code §87200, to disclose invest-
ments , interests .in .real, property and,°income. -No other or no
additional disclosure ' requirements are imposed by this Conflict
of Interest Code .
SECTION 4 . CIRCUMSTANCES REQUIRING DISQUALIFICATION. Any
member. of the City Council, whether acting as- a Council member or
as governing board member or commissioner of any city agency, in-
eluding the following:
City of Huntington Beach Redevelopment Agency
Parking Authority of the City of Huntington Beach
must disqualify himself or herself from. making or participating in
the making of any decisions which will -foreseeably have a material_
financial effect , distinguishable from its effect on the public
generally , or any financial 'inter.est, as defined in Government
Code §87103. No member shall be prevented- from °making or par-.
ticipating in the making of any decision to the extent his or
i her participation is legally required for the decision to be
made.
DPB:bt 50.
�✓' is r
SECTION 5. The City Clerk is directed to forward a cer-
tified copy of this resolution to the Fair Political Practice
' Commission.
PASSED AND ADOPTED by the City Council of the. City of
Huntington Beach at a regular meeting thereof held on the
16th of August 1976., .
i
ayor •
ATTEST
City Clerk
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Cil Administrator. City Attorney
1 APPROVED, INITIATING DEPARTMENT:
I
I
NO FISCAL IMPACT
i
i FISCAL IMPACT -- BUDGETED
FISCAL. IMPACT -- NOT BUDGETED
REQUIRES FINANCIAL IMPACT REPORT
I
I
I
I .
f DPB :bt
I
_No. 4283
5'1'm OF CALIFORNIA )
COUNTY. OF ORANGE
�✓` CITY OF HUNTINGTON BEACP )
N
1, ALICIA M. WWWORT11, the duly elected, qualified City
Clerk of the .City of Huntington Beach, and ex•officio Clerk of the
.City Council of said City, do hereby certify that the whole dumber of
members of the City Council of the City of Huntington Beach is seven;
Chat the foregoing resolution was passed and adopted by the affirmative.
vote of more than a majority of all the members of said City Council
at a regular meeting thereof field on-the 1�� day
of August , 19 76 . , by the followiiag vote:
I
j AYES: Councilmen:.. -
Bartlett, Pattinson, Siebert, Shenkman, Wieder
i NOES: Councilmen: -
Alone
ABSENT: Councilmen:
j Coen, Gibbs
City Clerk and ex-officio Clerk
of the City Council of the City
Of Iuntington Beach, California
i
1 -
I _
i
10,
! 't
CITY OF HUNTINGTON BEACH CA 76-23
COUNCIL - ADMINISTRATOR COMMUNICATION
HUNTINGTON BEACH
To Honorable Mayor and From City Administrator
City Council Members
Subject HUNTINGTON BEACH CODE Date February 26 , 1976
OF ETHICS
Attached for your information is a rough draft of a proposed Code of
Ethics covering all elected officials , Councilmen, members of appoint-
ive boards , commissions , committees and City employees . This compen-
dium of applicable sections of State statutes , Huntington Beach Charter
Sections and Huntington Beach City Ordinance Sections has been developed
as a result of numerous requests from the public for the need for such
a Code of Ethics .
After reviewing this material, and if the City Council agrees to adopt
a Code of Ethics , I would recommend that you instruct the City Attorney
to incorporate this Code of Ethics into the City Council ' s manual that
he is preparing.
Respectfully submitted,
David D. Rowlands
City Administrator
DDR/FGB:p Af
Attachments
PROPOSED CODE OF ETHICS
The proper operation of democratic government requires
that public officials and employees be independent , impartial,
and responsible to the people . The purpose of this Code is to
establish ethical standards of conduct for all such officials.
The municipal officials and employees of the City of
Huntington Beach, whether elected or appointed, are "public
officials and employees" within the meaning and intent of
this Code .
1. Responsibilities of Public Office
(a) Public officials and employees are bound to observe
in their official acts the highest standards of morality and to
discharge faithfully the duties of their office regardless of
personal considerations, recognizing that the public interest
must be their primary concern. Their conduct in both their
official and private affairs should be above reproach.
(b) Public officials are bound to uphold the Constitution
of the United States and the Constitution of the State of California
and to carry out impartially the laws of the nation, state
and municipality .
2. Dedicated Service
Public officials and employees should not exceed their
authority or breach law or ask others to do so, and they should
work in full cooperation with other public officials and employees
unless prohibited from doing so by law or by officially recog—
nized confidentiality of their work.
3 . Fair and Equal Treatment
Unilateral Communications . No public official or
employee should encourage, make, or accept any application or
communication from any party made out of the presence and without
the knowledge of other parties in a matter under consideration
when such application or communication is designed to influence
official decision or the conduct of the official himself, or
other officials , employees , or agencies in order to obtain favored
treatment or special consideration to advance the personal or
private interests of himself or others.
Any written unilateral communication received by a
public official or employee in matters where all interested parties
should have equal opportunity for .a hearing should be made part
of the record by the recipient . Any oral unilateral communication
received under such conditions should be written down in substance
by the recipient and also made part of the record.
CC: er 1.
r'
4 . Standards of Conduct
Every officer of the City shall attempt to be courteous
and avoid making rude or personal remarks. When speaking at a
public meeting, the officers of the City shall attempt to speak
to the issue and avoid making comments for the benefit of the
audience. Officials and employees should not exceed their
authority or breach the law or ask others to do so. They should
work in full cooperation with other public officials and employees
unless prohibited from so doing by law or by officially recognized
confidentiality of their work.
2.
WHITE-CITY ATTORNEY
BLUE-CITY CLERK vi CITY OF HUNTIN ON BEACH No.
BLUE J� �
GREEN-CITY ADMINISTRATOR
CANARY-DEPARTMENTAL REQUEST for ORDINANCE or RESOLUTION
Date Request made by Department
.1/7/75 Administration
INSTRUCTIONS: File request in the City Administrator's Office quickly as possible but not later than noon, one week prior to the Council
Meeting at which it is to be introduced. Print or type facts necessary for City Artorney's use in preparation of ordinance. In a separate
paragraph outline briefly reasons for the request of Council Action.Attach all papers pertinent to the subject.All appropriation requests must
be cleared and approved by the Director of Finance before submitting to City Administrator's Office.
Preparation of an Ordinance or Resolution is hereby requested:
'lease prepare a resolution establishing a code of ethics
which includes the attached materials .
y
a
a
Desired effective date Signed: Approved as to availability of funds
2/2/7 6 Director of Finance
City Attorney—Please prepare and submit printed copies to this office by:
_.�^City Administrator
COUNCIL MANUAL
TABLE OF CONTENTS
Chapter 1 . 01, CITY COUNCIL
Sections
1. 01. 01 Rules of Office of Councilpersons
1. 01. 02 Vacancies
1. 01 . 03 Attendance
1. 01. 04 Duties and Limitations of the City Council
1. 01. 05 Duties of the Mayor
1. 01. 06 Duties of Mayor Pro Tempore
1. 01. 07 Compensation of Councilpersons
1. 01. 08 Statewide ballot propositions
1. 01. 09 Appeals of Planning Commission Decisions
1. 01. 10 Guidelines for councilpersons representing city at
conferences or other such meetings
Chapter 1. 02, CODE OF ETHICS
1. 02 . 01 Purpose of code
1. 02 . 02 Definition
1. 02 . 03 Responsibilities of public office
1. 02 . 04 Dedicated service
1. 02 . 05 Fair and equal treatment--Unilateral communications
1. 02 . 06 Standards of conduct
Chapter 1. 03, COUNCIL MEETINGS
1. 03 . 01 Time and place of council meeting
1. 03 . 02 Special meetings
1. 03 . 03 Public input
Chapter 1. 04 , PARLIAMENTARY PROCEDURE
1 . 04 . 01 Roberts Rules of Order, Newly Revised
1. 04 . 02 Parliamentarian
1. 04 . 03 Motions
1. 04 . 04 Vote required -- Nonemergency
1. 04 . 05 Emergency ordinances
1 . 04 . 06 Adoption of ordinances
1. 04 . 07 Reading of ordinances
1. 04 . 08 Alteration of ordinance after introduction
1. 04 . 09 The vote
1 . 04 . 10 Division of question ("split vote" )
1 . 04 . 11 Tie votes
1. 04 . 12 Nomination and election
1. 04 . 13 Rights of Mayor
1. 04 . 14 Quorum
1. 04 . 15 Ralph M. Brown Act
1. 04 . 16 Fines, penalties and franchises
i
Chapter 1. 04, PARLIAMENTARY PROCEDURE (continued)
1. 04 . 17 Other actions
1 . 04 . 18 When minute action is a resolution
1 . 04 . 19 Minute actions
1. 04 .20 Motion to rescind
1 . 04 .21 Motion to reconsider
1. 04 . 22 Vote required on appellate matters
1. 04 .23 Appointments to boards and commissions
Chapter 1. 05, ROLE OF THE CITY ADMINISTRATOR
1 . 05 . 01 Apointment and removal
1. 05 . 02 Compensation
1. 05 . 03 Duties
1. 05 . 04 Non-interference with administration
1.05 . 05 Acting City Administrator
Chapter 1. 06, ROLE OF THE CITY ATTORNEY
1. 06 . 01 Term
1. 06 . 02 Power and duties
1. 06 . 03 Requests for ordinances and resolutions
Chapter 1. 07, ROLE OF THE CITY TREASURER
1. 07 . 01 Term
1. 07 . 02 Powers and duties
Chapter 1. 08, ROLE OF THE CITY CLERK
1. 08 . 01 Term
1. 08 . 02 Powers and duties
ii
Chapter 1. 01
CITY COUNCIL
1. 01 . 01 Rules of Office of Councilpersons . The Huntington
Beach City Council is comprised of seven (7) members elected
from the city at large for terms of four (4) years . Election of
City Council members is staggered into two (2) cycles . Four (4)
Council members are elected at one general municipal election,
followed in two (2) years by another general municipal election
where three (3) members are elected, and so forth. Elections
are held on the first Tuesday in November . The term of a City
Council member begins on the first Monday after delivery of a
Certificate of Election. (Charter § 300)
1. 01. 02 Vacancies . A vacancy on the City Council for
whatever reason shall be filled by appointment of the City
Council . (Charter § 312)
1. 01. 03 Attendance. If a City Council member absents
himself from all regular meetings of the City Council for thirty
(30) consecutive days after the last regular meeting the member
attended, without the permission of the City Council, or is
convicted of a crime involving moral turpitude, or ceases to be
an elector of the city, the City Council shall declare his
office vacant. In the event the City Council fails to fill the
seat by appointment within sixty (60) days, the City Council
shall cause an election to be held to fulfill the unexpired
term. (Charter § 312)
1. 01. 04 Duties and Limitations of the City Council . All
powers of the city are vested in the City Council, except as
otherwise provided in the city Charter. (Charter § 301)
The duties of the City Council include, but are not limited
to:
(a) Holding regular meetings at least twice per month at
such time as shall be fixed by ordinance or resolution (Charter
§ 303) which is 7: 00 p.m. on the first and third Mondays of each
month in the Council chambers except where a meeting falls on a
holiday, then it is to be held on the following day.
(b) Calling special meetings by the Mayor or a majority of
the City Council . (Charter § 303)
(c) Administering oaths and affirmations in any
investigation or proceeding pending before the Council, to
compel attendance of witnesses, to examine them under oath and
to compel the production of evidence. (Charter § 304)
(d) Adopting ordinances and resolutions . (Charter § 500)
-1-
(e) Approving city contracts or authorizing the City
Administrator so to bind the city. (Charter § 613)
(f) By ordinance or resolution providing for the sale or
exchange of personal property not needed in city service, or not
fit for its intended purpose. (Charter § 613)
(g) Appointing the City Administrator and setting his
compensation. (Charter § 400)
(h) Removing the City Administrator by majority vote,
except during or within ninety (90) days of a municipal
election. (Charter § 400)
(i) Refraining from interference with the administrative
service; except for the purpose of inquiry, the City Council
must deal with the administrative service through the City
Administrator. (Charter § 307)
(j ) Providing by ordinance or resolution for the
organization, conduct and operation of the various offices and
departments of the city. (Charter § 401)
(k) Controlling all legal business of the city. (Charter
§ 304)
(1) Designating depositories for city funds . (Charter
§ 311)
(m) Fixing by ordinance or resolution amounts and terms of
official bonds of all officials or employees . (Charter § 308)
(n) Refraining from having any conflict of interest in any
transaction of the city. (Charter § 313 , See Government Code
§ 87100, et seq. )
(o) Refraining from engaging in nepotism. (Charter § 313)
(p) Appointing to and creating the various boards and
commissions of the city. (Charter § 405)
(q) Establishing by ordinance a comprehensive personnel
system. (Charter § 403)
(r) After public hearings, reviewing, considering and
adopting the annual budget of the city. (Charter §§ 602, 603 &
604) At any subsequent meeting after adoption, the City Council
may amend or supplement the budget. (Charter § 606)
(s) Establishing by ordinance the procedure for assessment,
levy and collection of taxes upon property within the city.
(Charter § 608)
-2-
(t) Incurring bonded indebtedness for the city which does
not exceed twelve percent (12%) of the total assessed valuation.
(Charter § 610)
(u) Providing for an independent audit of the city each
fiscal year . (Charter § 616)
(v) By ordinance, regulating the granting of franchises .
(Charter § 615)
1. 01. 05 Duties of the Mayor. At the first meeting after
any municipal election where a Council member is seated and at
any time where there is a vacancy in the office of Mayor, the .
City Council shall meet and elect one of its members Mayor.
The Mayor is the ceremonial_ head .of the city and shall have
the primary, but not exclusive, duty to interpret the policies,
programs, and needs of city government to the people.
The Mayor may make and second motions and shall have both
voice and vote in all Council proceedings . The Mayor serves at
the pleasure of the City Council . (Charter § 305)
The Mayor may call special meetings of the City Council .
(Charter § 303)
The Mayor may execute contracts on behalf of the city when
the contracts have been approved by the City Council . (Charter
§ 613)
When the Mayor, Mayor Pro Tempore and City Clerk are absent
from the city, all papers and documents required to be executed
by them may be executed by facsimile signature. (Resolution No.
3200, 3 Aug. 70)
1. 01. 06 Duties of Mayor Pro Tempore. The Mayor Pro Tempore
shall perform the duties of the Mayor during his absence or
disability. (Charter § 306)
1_.01 . 07 Compensation of Councilpersons . For their service
to the city, Councilpersons shall receive a salary of $175 per
month, and in addition shaall receive reimbursement on order of
the City Council for council-authorized travel and other
expenses upon submission of itemized expense accounts . In
addition, members shall receive such other reasonable and
adequate amounts established by ordinance as reimbursement for
other routine and ordinary expenses . (Charter § 302, Huntington
Beach Municipal Code § 2.28 . 010)
Councilpersons shall also receive all fringe benefits
granted to department heads of the city, and such fringe
benefits shall be included in the annual budget. (Huntington
Beach Municipal Code § 2 .20 . 020)
-3-
1. 01. 08 Statewide ballot propositions . The City Council
shall take no stand, either pro or con, with respect to any
statewide ballot proposition. (Minute action, 19 April 76;
Resolution No . 4344, 26 Oct. 76)
1. 01. 09 Appeals of Planning Commission Decisions . The
Council or any member may appeal any decision or requirement of
the Planning Commission. The time limit for filing the appeal
is ten (10) calendar days after the decision. The appeal must
specify in detail the reasons for the appeal, and the hearing is
limited to the specified reasons . (Huntington Beach Ordinance
Code S§ 9880, 9881) No fee is required for appeals by a Council
member.
1. 01. 10 Guidelines for councilpersons representing city at
conferences or other such meetings . At any conference or other
such meeting where the city is represented by one or more
members of the City Council, the following guidelines shall be
followed:
(a) Whenever possible, councilpersons shall represent the
city as "instructed delegates by majority vote of the City
council . "
(b) In the event no prior instructions or directions have
been given, a poll shall be taken of the delegates attending
such conference, or other such meeting, so that any vote or
action taken by such councilpersons shall reflect the wishes of
a majority of delegates.
(c) In the event no prior instructions or directions have
been given delegates, or in the event that the City of
Huntington Beach is not represented at a conference or other
such meeting, but the matter at issue is one on which the Orange
County League of Cities has taken a stand concurred in by the
City of Huntington Beach, the City Council shall be bound by the
action taken on such issue by the .Orange County League of Cities .
(Resolution No. 4366, 6 Dec. 76)
Chapter 1. 02
CODE OF ETHICS
1. 02 . 01 Purpose of code. The proper operation of
democratic government requires that public officials and
employees be independent, impartial, and responsible to the
people. The purpose of this code is to establish ethical
standards of conduct for all such officials .
1. 02 . 02 Definition. The municipal officials and employees
of the City of Huntington Beach, whether elected or appointed,
are "public officials and employees" within the meaning of this
code.
-4-
1 . 02 . 03 Responsibilities of public office.
(a) Public officials and employees are bound to observe in
their official acts the highest standards of morality and to
discharge faithfully the duties of their office regardless of
personal considerations, recognizing that the public interest
must be their primary concern. Their conduct in both their
official and private affairs should be above reproach.
(b) Public officials are bound to uphold the Constitution
of the United States and the Constitution of the State of
California and to carry out impartially the laws of the nation,
state and municipality.
1. 2 . 04 Dedicated service. Public officials and employees
should not exceed their authority or breach the law or ask
others to do so, and they should work in full cooperation with
other public officials and employees unless prohibited from
doing so by law or by officially recognized confidentiality of
their work.
1. 2 . 05 Fair and equal treatment--Unilateral communications .
No public official or employee should encourage, make, or accept
any application or communication from any party made out of the
presence and without the knowledge of other parties in a matter
under consideration when such application or communication is
designed to influence official decision or the conduct of the
official himself, or other officials, employees, or agencies in
order to obtain favored treatment or special consideration to
advance the personal or private interests of himself or others .
Any written unilateral communication received by a public
official or employee in matters where all interested parties
should have equal opportunity for a hearing should be made part
of the record by the recipient. Any oral unilateral
communication received under such conditions should be written
down in substance by the recipient and also made part of the
record.
1. 02 . 06 Standards of conduct. Every officer of the city
shall attempt to be courteous and avoid making rude or personal
remarks . When speaking at a public meeting, the officers of the
city shall attempt to speak to the issue and avoid making
comments for the benefit of the audience or the press .
Chapter 1. 03
COUNCIL MEETING
1. 03 . 01 Time and place of council meeting. Regular council
meetings shall be held in the City Council Chambers on the first
and third Mondays of each month at 7: 00 p.m. except where a
meeting falls on a holiday it shall be held on the next business
day. (Resolution No. 4161, 17 Nov 75)
-5-
1 . 03 . 02 Special Meetings . Special City Council meetings
may be called by the Mayor or a majority of the members of the
Council, and the call and notice shall specify such time and
place. (Charter § 303)
1. 03 . 03 Public Input. Each regular meeting shall provide
an opportunity for members of the public to address the Council
on items that are within the subject matter jurisdiction of the
Council . The Mayor, subject to appeal as a decision of the
chair, may establish time limits for particular issues and
individual speakers . Speakers shall fill out a form provided by
the City Clerk and give it to the City Clerk prior to the
meeting. No person may donate his or her time to another
speaker.
Chapter 1. 04
PARLIAMENTARY PROCEDURE
1. 04 . 01 Roberts Rules of Order, Newly Revised. In all
matters of parliamentary procedure which are not expressly
provided for in the city Charter or the ordinances or
resolutions of the city, the procedure contained in "Roberts
Rules of Order, Newly Revised, " as it now exists or future
revisions thereof, shall control.
1. 04 . 02 Parliamentarian. The City Attorney is
parliamentarian for the City Council, and upon the request of
the Mayor or upon his own initiative, shall make rulings on
points of parliamentary procedure.
1. 4 . 03 Motions . Motions may be made by any member of the
Council and require a second, except when a second is not
required by "Roberts Rules of Order, Newly Revised. " A motion
may be withdrawn by the mover with the consent of the second and
in the absence of objection from any other member of the Council .
1. 04 . 04 Vote required. A few actions require more than
four (4) votes . They include five (5) votes for zoning
moratoria (Government Code § 65858 as limited by Charter § 501) ,
five (5) votes for a resolution to condemn property (C.C.P.
§1245 .360) , and five (5) votes for certain taxes or other
measure whose principal purpose is raising revenue (Charter
§ 608) . For all other nonemergency ordinances, four (4)
affirmative votes are required. In addition, four (4) votes are
required for the making or approving any order for the payment
of money. (Charter § 500)
1. 04 . 05 Emergency ordinances . Any ordinance declared by
the City Council to be necessary as an emergency measure for the
immediate preservation of the public peace, health and safety,
and containing a statement of the reasons for its urgency, may
be introduced and adopted at a meeting if passed by at least
five (5) affirmative votes . (Charter § 501)
-6-
1. 05 . 03 Duties . The City Administrator shall be
responsible to the City Council for the proper administration of
all affairs of the city. His duties include, but are not
limited to: appointment, promotion, demotion, suspension and
removal of all employees and department heads except where this
function is vested in the City Council . Appointment or removal
of a department head requires City Council approval. The City
Administrator shall prepare and submit to the City Council the
city budget, an annual or more frequent report on city finances
and a report on current administrative activities . He shall
keep the City Council informed of the financial condition and
future needs of the city and make appropriate recommendations .
He shall establish a centralized purchasing system and prepare
rules and regulations regarding contracting, purchasing, and
attendant controls for City Council approval and adoption by
ordinance. He shall supervise the enforcement of the law of
the state, city ordinances, charter provisions, franchises and
rights of the city. He shall, subject to policy established by
the City Council, exercise control over all administrative
offices and departments, all appointive officers and employees
not appointed directly by the City Council, and prescribe
general rules and regulations for the conduct of such offices
and departments . He shall perform such other duties consistent
with the city Charter as may be required by the City Council .
(Charter § 401)
1. 05 . 04 Meetings . The City Administrator shall be
accorded a seat without a vote at all meetings of the City
Council and all boards and commissions except where his removal
is under consideration.
1, 05 . 05 Non-interference with administration. Except as
otherwise provided in this Charter, no member of the City
Council shall order, directly or indirectly, the appointment by
the City Administrator, or by any of the department heads in
administrative service of the City, of any person to any office
or employment, or removal therefrom. Except for the purpose of
investigation and inquiry, the members of the City Council shall
deal with the administrative service under the jurisdiction of
the City Administrator solely through the City Administrator,
and no. member of the City Council shall give orders to any
subordinate of the City Administrator, either publicly or
privately. (Charter § 307)
1 . 05 . 06 Acting City Administrator. The City Administrator
may appoint, subject to City Council approval, any officer or
department head to serve in his absence as acting City
Administrator. If he fails to do so, the City Council may make
such appointment. (Charter § 402)
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Chapter 1. 06
ROLE OF THE CITY ATTORNEY
1. 06 . 01 Term. The City Attorney is the attorney for the
municipal corporation known as the City of Huntington Beach.
The City Attorney shall be elected from the city at large, as
provided by the city Charter, and shall serve for a term of four
(4) years and until a successor qualifies . (Charter § 309)
1. 06 . 02 Power and duties . The City Attorney' s duties
include, but are not limited to: representing and advising the
City Council in all matters of law pertaining to their offices .
The City Attorney shall prosecute on behalf of the people all
criminal matters arising from violations of ordinance or Charter
provisions or state law misdemeanors within the city' s power to
prosecute unless otherwise provided by the City Council. The
City Attorney shall rep-resent and appear for the city in all
actions or proceedings in which the city is concerned or is a
party, and shall appear oft behalf of any present or former city
employees in any action or proceeding arising out of their
employment or by reason of their official capacities . The City
Attorney shall attend all regular meetings of the City Council
unless excused, and act as parliamentarian, and the City
Attorney' s decision rendered with respect to parliamentary
procedures, shall be final . The City Attorney shall give advice
or opinion orally or in writing whenever requested to do so by
the City Council or any of the boards or officers of the city.
The City Attorney shall approve as to form all contracts made by
and all bonds and insurance given to the city, and prepare all
ordinances, resolutions and amendments thereto. The City
Attorney shall devote such time to his duties and at such place
as the City Council directs by vote of that body, and perform
such legal functions and duties incident to the exercise of the
foregoing powers as may be necessary. The City Attorney shall
surrender to the successor all files, books and documents
pertaining to city affairs. (Charter § 309)
The City Council shall control all legal business,
proceedings and all property of the legal department, and may
employ other attorneys to take charge of or contract for
prosecutions, litigation or other legal matters . (Charter § 304)
Chapter 1. 07
ROLE OF THE CITY TREASURER
1. 07. 01 Term. The City Treasurer is the custodian of
public funds of the City of Huntington Beach. The City
Treasurer shall be elected from the city at large, as provided
in the city Charter, and shall serve for a term of four (4)
years and until a successor qualifies . (Charter §§ 300, 311)
-13-
1. 07. 02 Powers and duties . The City Treasurer shall have
the power and shall be required to receive on behalf of the city
all taxes, assessments, license fees and other revenues of the
city, or for which the city is responsible. The City Treasurer
shall receive all taxes or other money receivable by the city
from the county, state, Federal government or any court or other
department, office or agency of the city. The City Treasurer
shall have control of all funds coming into the City Treasurer ' s
hands and deposit them in such depository as the City Council
designates by resolution or, if none is fixed, as the City
Administrator directs . The City Treasurer shall act in
compliance with the state Constitution and law in handling,
depositing and securing the public funds . The City Treasurer
shall pay out proper orders or warrants as provided in the city
Charter, prepare and submit to the Finance Director monthly
reports of all receipts, disbursements and fund balances with a
copy to the City Administrator. The City Treasurer shall
perform such other duties consistent with the city Charter as
the City Council directs by ordinance or resolution, and appoint
such deputies at such salaries as the City Council may prescribe
by ordinance or resolution. (Charter § 311)
Chapter 1. 08
ROLE OF THE CITY CLERK
1. 08 . 01 Term. The City Clerk is the official recorder and
keeper of the records of the City of Huntington Beach. The City
Clerk shall be elected from the city at large as provided in the
city Charter, and shall serve for a term of four (4) years and
until a successor qualifies . (Charter §§ 300, 310)
1. 08 . 02 Powers and duties . The Clerk' s duties include but
are not limited to: attending all meetings of the City Council
unless excused, and keeping a full and true record of such
proceedings . Recording and maintaining all ordinances,
resolutions, written contracts and official bonds . Keeping all
books and records properly indexed and open to public
inspection. The clerk shall be the custodian of the city seal,
and administer oaths, affirmations, take affidavits and
depositions pertaining to city affairs and certify copies of
official records . The Clerk shall be ex officio assessor unless
the City Council by ordinance provides otherwise. The City
Clerk shall have charge of all city elections The City Clerk
shall issue subpoenas on behalf of the city. (Huntington Beach
Municipal Code § 1. 16 . 080) The City Clerk shall accept and
consent to deeds and grants of real property to the city for
public purposes . (Resolution No. 3537, 7 Aug. 72) The City
Clerk may, with the consent of the City Council, appoint such
deputies at such salaries as the City Council may prescribe by
ordinance or resolution, and perform such other duties,
consistent with the city Charter as the City Council may require
by ordinance or resolution. (Charter § 310)
4727L
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CERTIFICATION
I, City Clerk of the City of Huntington Beach, certify that
the foregoing City Council Manual, revised 1989, was duly
adopted by the City Council on November , 1989 .
City Clerk
APPROVED AS TO FORM:
Gaily u ton, City Attorney
/ 7-11
4727L
-15-
OFFICE OF
� ".=`•'��n CITY ATTORNEY
P.O.BOX 2740
2000 MAIN STREET
HUNTINGTON BEACH
CALIFORNIA 92647
OAIL HUTTON TELEPHONE
City Attorney 1714)5386WS
THE RALPH M. BROWN ACT
Government Code Sections
54950 — 54962
1.489 Edition
Section 54950. DECLARATION. OF PUBLIC POLICY. In enacting this chapter, the
Legislature finds and declares that the public commissions, boards and councils and the
other public agencies in this State exist to aid in the conduct of the people's business. It
is the intent of the law that their actions be taken openly and that their deliberations be
conducted openly.
The people of this State do not yield their sovereignty to the
agencies which serve them. The people, in delegating authority, do not give their public
.s.ervants the right to decide what is good for the people to know and what is not good for
them to know. The people insist on remaining informed so that they may retain control
over the instruments they have created.
i
Section.54950.5. TITLE .OF ACT. This chapter shall be known as the Ralph M. Brown
Act.
Section. 54951: "LOCAL AGENCY.' As used in this chapter, "local agency" means a
county, city, whether general law or chartered, city and county, town, school district,
municipal corporation, district, political subdivision, or any board, commission or agency
thereof, or other local public agency.
Section 54951.1. PUBLIC MEETINGS BY ANTIPOVERTY ORGANIZATIONS. For the
purposes of this chapter, and to the extent not inconsistent with federal law, the term
"local agency" shall include all private nonprofit organizations that receive public money
to be expended for public purposes pursuant to the "Economic Opportunity Act of 1964"
(P.L. 88-452; 78 Stat. 508).
Section 54951.7. ■LOCAL AGENCY." "Local agency" includes any nonprofit
corporation, created by one or more local agencies, anyone of the members of whose
board of directors is appointed by such local agencies and which is formed to acquire,
construct, reconstruct, maintain or operate any public work project.
Section 54952. 'LEGISLATIVE BODY." As used in this chapter, "legis.lative body"
means the governing board, commission, directors or body of a local agency, or any board
or commission thereof, and shall include any board, commission, committee, or other body
on which officers of a local agency serve in their official capacity as members and which
is supported in whole or in part by funds provided by such agency, whether such board,
commission, committee or other body is organized and operated by such local agenc— or
by a_private corporation.
12/31/88
RCS:sg
I.
Section 54952.2. ADDITIONAL DEFINITION OF "LEGISLATIVE BODY.■ As use'
this chapter, "legislative body" also means any board, commission, committee, or similar l
multi—member body which exercises any authority of a legislative body of a local agency
delegated to it by that legislative body.
Section 54952.3. 'LEGISLATIVE BODY$: ADVISORY COMMISSIONS, COMMITTEES,
.OR BODIES." As used in this chapter "legislative body" also includes any advisory
commission, advisory committee or advisory body of a local agency, created by charter,
ordinance, resolution, or by any similar formal action of a legislative body or member of a
legislative body of a local agency.
Meetings of such advisory commissions, committees or bodies
concerning subjects which do not require an examination of facts and data outside the
territory of the local agency shall be held `within the territory of the local agency and
shall be open and public, and notice thereof must be delivered personally or by mail at
least 24 hours before the time of such meeting to each person who has requested, in
writing, notice of such meeting.
If the advisory commission, committee or body elects to provide for
the holding of regular meetings, it shall provide by bylaws, or by whatever other rule is
utilized by the advisory body for the conduct of its business, for the time and place for
holding such regular meetings. No other notice of regular meetings Is required.
"Legislative body" as defined in this section does not include a'
committee composed solely of members of the governing body of a local agency which are
less than a quorum of such governing body.
The provisions of Sections 54954, 54955, 54955.1, and 54956 shall
not apply to meetings under this section.
Section 54952.5. "LEGISLATIVE BODY": PERMANENT BOARDS OR
COMMISSIONS. As used in this chapter "legislative body" also Includes, but is not limited
to, planning commissions, library boards, recreation commissions, and other permanent
boards or commissions of a local agency.
Section 54952.6. "ACTION TAKEN.■ As used in this chapter, "action taken" means a
collective decision made by a majority of the members of a legislative body, a collective
commitment or promise by a majority of the members of a legislative body to make a
positive or a negative decision, or an actual vote by a majority of the members of a
legislative body when sitting as a body or entity, upon a motion, proposal, resolution,
order or ordinance.
Section 54952.7. GIVING COPY OF CHAPTER TO MEMBERS OF "LEGISLATIVE
BODY.' A legislative body of a local agency may require that a copy of this chapter be
given to each member of the legislative body. An elected legislative body of a local
agency may require that a copy of this chapter be given to each member of each
legislative body all or a majority of whose members are appointed by or under the
authority of the elected legislative body.
Section 54953. MEETINGS TO BE OPEN AND PUBLIC.
(a) All meetings of the legislative body of a local agency sWt. be
open and public, and all persons shall be permitted to attend any meeting of the
legislative body of a local agency, except as otherwise provided in this chapter.
2.
(b) Notwithstanding any other provision of law, the legislative body
of a local.:agency may use video teleconferencing for the benefit of the public or the
legislative body of a local agency In connection with any meeting or proceeding
authorized by law. The use of v-ldeo teleconferencing; as authorized by this chapter, shall
be limited to the receipt of public comment or testimony by the legislative body and to
deliberations of the legislative body. If the legislative body of a local agency elects to
use .video teleconferencing, It shall post agendas at all video teleconference locations and.
adoptreasonable regulations to adequately protect the statutory or constitutional rights
of the parties or the public appearing before the legislative body of a local agency. The
term "video teleconference" shall mean a system which provides for both audio and visual
participation between all members of the legislative body and the public attending a
meeting or hearing at any video teleconference location.
This section shall remain in effect until January I, 1994, and on that
date is repealed, unless a later enacted statute, which is chaptered before January 1,
1994, deletes or extends that date.
Section 54953. MEETINGS TO BE OPEN AND PUBLIC. All meetings of the
legislative .body of a local agency shall be open and public, and all persons shall be
permitted to attend any meeting of the legislative body of a local agency, except as
otherwise provided in this chapter.
This section shall become operative January I, 1994.
:Section 54953.1. RIGHT OF MEMBERS OF ■LEGISLATIVE BODYN TO GIVE
TESTIMONY IN PRIVATE. The provisions of this chapter shall not be construed to
prohibit the members of the legislative body of a local agency from giving testimony In
. private before a grand jury, either as individuals or as a body.
Section 54953.3. REGISTRATION NOT REQUIRED AS A CONDITION OF
ATTENDANCE AT A MEETING BY A MEMBER OF THE PUBLIC. A member of the
public,shal.l not be required, as a condition to attendance at a meeting of a legislative
body of a local agency, to register his or her name, to other Information, to complete a
questionnaire, or otherwise to fulfill any condition precedent to his or her attendance.
If an attendance list, register, questionnaire, or other . similar
document is posted at. or near the entrance to the room where the meeting is to be held,
or is circulated to the persons present during the meeting, It shall state clearly that the
signing, registering, or. completion of the documentation is voluntary, and that all persons
may attend the meeting regardless of whether a person signs, registers, or completes the
document.
Section 54953.5. RECORDING PROCEDURE. Any person attending an open and
public_ meeting of a legislative body of a local agency shall have the right to record the
proceedings on a tape recorder in the absence of a reasonable finding of the legislative
-body of the local agency that such recording constitutes, or would constitute, a disruption
of the proceedings.
Section 54953.7. ACCESS TO MEETINGS BEYOND MINIMAL STANDARDS.
Notwithstanding any other provision of law, legislative bodies of local agencies may
Impose requirements upon themselves which allow greater access -to their meetings than
prescribed by the. minimal standards set forth in this chapter. in addition thereto, -an
elected legislative. body of a local agency may impose such requirements on those
appointed legislative bodies of the local agency of which all or a .majority of the members
are appointed by or under the authority of the elected legislative body.
3.
Section 54954. RULES,:.'FOR 'C:ONUU'CT.: OF BUSINESS TIME AND PLACE FOR
HOLDING MEETINGS. The legislative body of a local agency shall provide, by ordinance,
resolution. bylaws, or by whatever other.,:rule..is,tcequired for the conduct of business by
that body, the time for holding regular;meetings.:-:Unless otherwise provided for in the act
under which the local agency was forme-d -meeting; of the legislative body need not be
held within the boundaries of the t'errifory over which the local agency exercises
jurisdiction. If at any time any regular meeting falls on a holiday, such regular-'mee;tin.g
shall be held on the next business day. If, by reason of fire, flood, earthquake or other
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 is designated by the presiding officer
of the legislative body.
Section 54954.1. MAILED NOTICE."-;OF `;MEETINGS ON REQUEST; FEES. The
legislative body of any district which is subject toy the provisions of this chapter shall give
mailed notice of every regular meeting, and any special meeting which is called at least
one week prior to the' date ;set for=`the'meeting:, -to' any,,:owner of,propert-y located=within
the. district who has filed.a written:request-for such:noaic:e -with-th.e I.e.g;IsI,a:tl.v:e ,b-ody..c Any
mailed notice, required pursuant to this sectionshall-.be_m:all.ed:at"least one-week•tprior to
the.date set for the:meeting to-which: it�appliest.-except:;that:t-he:,legisia,tive..body may give
such notice' as it deems practical of special meetings called less than seven days prior to
the date set for the meeting.
Any,-r.equest�-f or- notice:.file4 pursuant oto, this section shill: be; valid
for one year from the date-on .whIc:h Jt- Is filed unless a renewal•request:is filed. Renewal
requests for notice-sha-H!be filed w.101m90 days after januarytilaof'each::year. Any request
for. notice, or. renewal-request; filed-pursuant to this section shall contain a description of
the property owned by the person filing the request. Such description may be in general
terms but shall be sufficient enough"-to readily identify4ucWproperty:.
The legislative body may establish a reasonable annual charge for
sending such .notice based son:.the6estinia-te'd cost:of-providing-suchra ser=vice.
Section 54954.2 POSTING AGE.ND..AS
(a) At least 72 hours before a regular meeting, the legislative body
of the local agency, -or1'Jts_design:e:e;'.;:shall post_;:ra'n: agenda contain'i'n`g' a "bri.,e:f general
description of. each :.ite.m of business to-be transacted-or,-discussed at;'the :meeting. ,The
agenda.shall specify the .time .and location of the regular.meeting.and-shall>be:pos.ted;:in a
location that. is free.ly :ac"ces.sibie-to:m'embe.rs- of .the publ c:';No.:. action "shall _b.e taken-on
any item_ not appearing on the posted agenda.
(b.) .. Notwithstanding subdivision .(a), .the legislative body may -take
action on items,.of business .not appe.aring.on the.-posted_agenda.;under any =-of,.the .following
conditions:
I. Upon a determination by a majority vote of the
legislative body that an em_erge:n.cy::situation exists,!.a3
defined in Section-54956.5:
2. Upon. a .determination . by.,-a_.-two-thirds-.-vote: :of.- . the
legisia-tive body, or, If.- -less : _than t:wo-thirds of.,.;the
members are: .- present,.,.a : unanim.ous vote .o.f.:. those
_ members present, that the need to take action arose
subsequent to the agenda being posted as specified in
subdivision (a).
4.
3. The item was posted pursuant to subdivision (a) for a
prior meeting of the legislative body occurring not more
than five calendar days prior to the date action is taken
on the item, and at .the prior meeting the item was
continued to the meeting at which action is being taken.
Section 54954.3 PUBLIC INPUT
(a) Every agenda for regular meetings shall provide an opportunity
for members of the public to directly address the legislative body on items of interest to
the public that are within the subject matter jurisdiction of the legislative body, provided
;that no action shall be taken on any item not appearing on the agenda unless the action is
otherwise authorized by subdivision (b) of Section 54954.2. However, in the case of a
meeting of a city council in a city or a board of supervisors In a city and county, the
agenda need not provide an opportunity for members of the public to address the council
or board on any item that has already been considered by a committee, composed
exclusively of members of the council or board, at a public meeting wherein all interested
members of the public were afforded the opportunity to address the committee on the
Item, unless the Item has been substantially changed since the committee heard the item,
as determined by the council or board.
(b) The legislative body of a local agency may adopt reasonable
regulations to ensure that the intent of subdivision (a) Is carried out, including, but not
limited to, regulations limiting the total amount of time allocated for public testimony on
particular issues and for each individual speaker.
Section 54955. ADJOURNMENT OF MEETING. The legislative body of a local
agency may adjourn any regular, adjourned regular, special or adjourned special meeting
to a time and place specified in the order of adjournment. Less than a quorum may so
adjourn from time to time. If all members are absent from any regular or adjourned
regular meeting the clerk or secretary of the legislative body may declare the meeting
adjourned to a stated time and place and he shall cause a written notice of -the
adjournment to be given in, the same manner as provided in Section 54956 for special
meetings, unless such notice is waived as provided for special meetings. A copy of the
order or notice of adjournment shall be conspicuously posted on or near the door of the
place where the regular, adjourned regular, special or.adjourned special meeting was held
within 24 hours after the time of the adjournment. When a regular or adjourned regular _
meeting is adjourned as provided in this section, the resulting adjourned regular meetin-g is
a regular meeting for all purposes. When an order of adjournment of any meeting fails to
state the hour at which the adjourned meeting is to be held, it shall be held at the hour
specified for regular meetings by ordinance, resolution, by law, or other rule.
Section 54955.1. CONTINUANCES. Any hearing being held, or noticed or ordered to
be held, by a _legislative body of a local agency at any meeting may by order or notice of
continuance be continued or recontinued to any subsequent meeting of the legislative body
in the same manner and to the same extent set forth in Section 54955 for the, adjournment
of meetings; provided, that if the hearing is continued to a time less than 24 hours after
the time specified in the order or notice of hearing, a copy of the order or notice of
continuance of hearing shall be posted immediately following the meeting at which 7the
order or declaration of continuance was adopted or made.
5.
r y�
7 '
Section 54956. SPECIAL MEETINGS. A special meeting =may be called, at--.any time
by the presiding -officer of the'legislative body -of-a local agency,. or by a. majority of the-
members'; of the legislative `body, `b`y delivering personally' or� by imall: writtenYnotic�eto-
each member of'the legislative' body -and-fo each-local -newspaperrof.>gen'e'ral' clrculatl'on,�
radio or 'teievisl6n` station requesfirig notice In '.writing: : The notice sha+likbeandelivere&
personally or by ail and shall'`be`receive'd at least 244•hour-s before they°-time-of,:the
meeting as spe'cifled in the notice. `The call and notice shall=specify the'-time land place-,of
the special meeting -and -the -business - to be transacted:. -Nos :other,"business: .shall,_ be
considered--at "these meetings-- by-the -I'egislative :body:-' :1he-,-,written-notice,,.-m.ay -,be
dispensed 'with as to any member who at=• or prior to then time= the<:meeti:n&,,c.onvenes-, files
with the-clerk 'oe"Secretary of the legislativ-e bo.dy'awritten•waiver of no.ticw. The-w,a-lver.
may be given by telegram: The written- no'tice= =may also be dispensed with as to any
member who is actually present at the meeting at the time It convenes. Notice shall be
required pursuant to this section regardless of whether any action- is taken ,at the special
meeting. _ _ .
The call and notice shall be posted at least 24 hours prior to the
special meeting in a locationth"at is freely accessible to mem'befs,of the public.
Section 54956.5. EMERGENCY- MEETINGS; NOTICE: In the •-case,-ofnan emergency
situation involving' matters upon'=which prompt action is necessary due to the disruption or
threatened disruption..of public facilities, a legislative body may hold an emergency
meeting without complying Witt either=the 244our inotice--reFquirement or the 24-hour
posting requirement of Section 54956 or both of the notice and posting requirements.
'J For purporses-of_this section; "emergency situation" means any-,of the
following: :, _ r, . . :r ...k•..:.-
(a) Work stoppage or other activity which severely impairs public
health, safety, or ,both, as determined by`.a majorIity'of the members -of-the l'egislativ'e
body.
(b) Cr1p`0Iing disaster which-seVerely'imp°airs pub-IIc he&Iih,4afety,
or both, as determined by a majority of the members of'tfe legislative.body.
However, `each loca`l'newsy'aper of'lgener"al -'circulation` and' radio or
television station which has requested' notice -`of special:-meetings- pursuant 'to Section
54956 shall be 'notified by the pres'Iding' `officer"of `the legi-slativ`e ',body, or d'e-signe-e
thereof, one hour prior to the'em'ergency'meeting'by tileiphdfit�4fid'-411 Vele'phone' numbers
provided in the most recent r-equest -of'-suchsne"spaper or -s`tatloh -,for notification= of
special meetings shall be exhausted. In the event that telephone services are not
functioning, the notice requirements of this section shall be deemed waived, and the
legislative, body, or des Wee-of-the ,legislatiii--�' ody;`•shall not-ify-those newspapers. radio
stations, or television stations of`the fact of the holding of''th`e emergency meeting, 'the
purpose of the meeting, and any IctliDn`'takein'at the meeting=as soon after the meeting as
possible.
Notwithstanding Section 5.4957, the legislative body shall not meet
in closed session during a meeting called pursuant to this~section:
'AII specIa:1 m•e'eting- requirements; as prescribed,In Section - 54956
shall be applicable to a meeting-calledpursuant'to 'thl' section, wiWthe'exteotion=of the
24-hour notice requirement.
6.
The minutes of a meeting called pursuant to this section, a list of
persons who the presiding officer of the legislative body, or designee of the legislative
body, notified or attempted to notify, a copy of the rollcall vote, and any actions taken at
the meeting shall be posted for a minimum of 10 days in a public place'as soon after the
meeting as possible.
Section 54956.6. FEES. No fees may be charged by the legislative body of a local
agency for carrying out any provision of this chapter, except as specifically authorized by
this chapter.
Section 54956.7. CLOSED SESSION ON ISSUANCE OF LICENSE OR RENEWAL TO A
PERSON WITH CRIMINAL RECORD. Whenever a legislative body of a local agency
determines that it is necessary to discuss and determine whether an applicant for a
license or license renewal, who has a criminal record is sufficiently rehabilitated to obtain
the license, the legislative body may hold a closed session with the applicant and the
applicant's attorney, if any, for the purpose of holding the discussion and making the
determination. If the legislative body determines, as a result of the closed session, that
issuance or renewal of the license should be denied, the applicant shall be offered the
opportunity to withdraw the application. If the applicant withdraws the application, no
record shall be kept of the discussions or decisions made at the closed session and all
matters relating to. the closed session shall be confidential. If the applicant does not
withdraw the application, the legislative body shall take action at the public meeting
during which the closed session is held or at its next public meeting denying- the
application for the license but all matters relating to the closed session are confidential
and shall not be disclosed without the consent of the applicant, except in an action by-an
applicant who has been denied a license challenging the denial of the license.
Section 5,4956.8. -`CLOSED SESSIONS WITH NEGOTIATOR REGARDING PURCHASE,
SALE, EXCHANGE OR LEASE OF REAL PROPERTY. Notwithstanding any other
provision of this chapter, a legislative body of a local agency may hold a closed session
with its negotiator prior to the purchase, sale, exchange, or lease of real property by or
for the local agency to give instructions to its negotiator regarding the price and terms of
,payment.for the purchase, sale, exchange, or lease.
However, prior to the closed session, the legislative body of the
loc_.al agency shall hold an open and public session in which it identifies the real property
or real properties which the negotiations may concern and the person or persons with
whom its. negotiator may negotiate.
For the purpose of this section, the negotiator may be a member of
the legislative body of the local agency.
For purposes of this section, "lease" includes renewal or
renegotiation of a lease.
Nothing in this section shall preclude a local agency from holding-4
closed session for discussions regarding eminent domain proceedings pursuant to Section
54956.9.
Section 54956.9. CLOSED SESSIONS REGARDING PENDING LITIGATION. Not-king
in .this chapter shall be construed to prevent a legislative body of a local agency, based on
advice of its legal counsel, from holding a closed session to confer with, or receive advice
from, its legal counsel regarding pending litigation when discussion in open session
concerning those matters would prejudice the position of the local agency in the litigation.
7.
For purposes of_ this chapter, all expressions -of the lawyer—client
privilege other than those provided in this section are here-by�abrogated.-'This section is
the exclusive expression of the- .lawyer-client- privilege:-for 'purposes_;. ,of' conducting
closed—session meetings pursuant.to this chapter.. For -purp,oses of this. section,.litiga•tion
shall be considered pending when any of the following citcumstances-e.xist: F•--
An:• adjudicatory proceeding before a court, administrative
body exercising its adjudicatory authority, hearing officer, or arbitrator, to which the
local agency is a party, has been l:nitiaaedJormally.
(b) {I) A ,poin.t has been reached :wher:e,;-W-thesop.in.ionnof!.-the
legisla-t1v.e body:of the local agency. on,the 4dvVice" of its
_ le:gal-counsel, based�on -existing facts' .ah-d cir-cum°stances,
there Is a significant- exposure to litigat1on against the
local agency.
(2) based on: existing. -'facts: _-and -'circumstances; 'the
legdslatl.ve body of the -local agency is -m:eeting only:to
de.clde .-whether a closed.-session is authorized-'pursuafit"to
paragraph (1) of this subdivision.
(c) Based on existing facts and circumstances; the I6gIslatdwe•body
of the. local agency has decided to.-initiate or is deciding whether= to-Initli'tes lititgation
Prior- -to .holding a - closed session pursuant to this section, the
legislative body of the local agency shall state publicly to which subdivision it is
pursuant. If the session is closed pursuanft to'subdivision (a:), the body -shall-state the title
of or otherwise specifically identlf.y the Ii.tigation-to -be :discusse'd; unless the body states
that to do so would jeopardize -the agency's-ability to-effectuate service of process=upon
one or more unserve.d -panties; or .that -to:do so=would-jeopardize its-- ability -to-conclude
existing settlement negotiations to Its advantage: _
The legal-counsel:of the legislative body of the local agency--. -shall
prepare and submit to the body .a, memorandum sta.ting- ,the specific>, reasons-- and legal
authority for the closed session._ .If, th.e closed session, i.s:.purs•uant to:subdivision (a)', 'the
memorandum shall include the aitie of.the litigation. .If.,the closed session, is p'ursuant'to
subdivision (b) or (c), the memorandum shall include th.e•existing. facts and-circumstances
on which it is based. -The legal,.counsel shall-.submit the memorandum 'to 'the body,prior to
the closed session if feasib.le, and in any..case.-no .later;.-than one :we-ek after:the- closed
session. The memorandum shall be exempt from:disclosure p.ursuant.to-Section 6254.1.
For purposes of this section, "litigation" includes any adjudicatory
proceeding, including eminent. domain, before- a-court,.'administrativ-e body exercising its
adjudicatory authority, hearing officer_, or: arbitrator.
Section 54957'. CLOSED SESSIONS: Nothing contained in this. chapter-.shall -.-be
construed to prevent the legislative body of a -local agency from holding closed sessions
with the Attorney General, district attorney, sheriff, or.or chief of police, -or -their
respective deputies, on matters posing a threat to th.e:-security of public .buildings` or ;a
threat to the public's right of access to public services.or public facilities, or from holding
closed sessions during a regular or special meeting to consider the appointment,
employment, evaluation of performance, or dismissal of a public employee or to hear
complaints or charges brought against such employee by another person or employee
unless such employee requests a public hearing. The legislative body also may exclude
from any such public or closed meeting, during the examination of a witness, any or all
other witnesses in the matter being investigated by the legislative body.
8.
For the purposes of this section, the term "employee" shall not
include any person elected to office, or appointed to an office by the legislative body of a
local agency; provided, however, that non—elective' positions of city manager, county
administrator, city attorney, county counsel, or a department head or other similar
administrative officer of a local agency shall be considered employee positions; and
provided, further that non—elective positions of general manager, chief engineer, legal
counsel, district secretary, auditor, assessor, treasurer, or tax collector of any
governmental district supplying services within limited boundaries shall be deemed
employee positions.
Nothing in this chapter shall be construed to prevent any board,
commission, committee, or other body organized and operated by any private organization
as defined in Section 54952 from holding closed sessions to consider (a) matters affecting
the national security, or (b) the appointment, employment, evaluation of performance, or
dismissal of an employee or to hear complaints or charges brought against such employee
by another person or employee unless such employee requests a public hearing. Such body
also may exclude from any such public or closed meeting, during the examination of a
witness, any or all other witnesses in the matter being investigated by the legislative body.
Section 54957.1. PUBLIC REPORT OF EMPLOYMENT DECISIONS. The legislative
body of any local agency shall publicly report at the public meeting during which the
closed session is held or at its next public meeting any action taken, and any rolicall vote
thereon, to appoint, employ, or dismiss a public employee arising out of any closed session
of the legislative body.
Section 54957.2. MINUTE BOOK.
(a) The legislative body of a local agency may, by ordinance or
resolution, designate a clerk or other officer or employee of the local agency who shall
then attend each closed session of the legislative body and keep and enter In a minute
book a record of topics discussed and decisions made at the meeting. The minute book
made pursuant to this section is not a public record subject to Inspection pursuant to -the
California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1), and shall be kept confidential. The minute book shall be available only to
members. of the legislative body or, if a violation of this chapter is alleged to have
occurred at a closed session, to a court of general jurisdiction wherein the local agency
lies. Such minute book may, but need not, consist of a recording of the closed session.
(b) An elected legislative body of a local agency may require that
each legislative body all or a m.ajority of whose members are appointed by or under the
authority of the elected legislative body keep a minute book as prescribed under
.subdivision (a).
Section 54957.5 AGENDA AND OTHER WRITINGS AS PUBLIC RECORDS.
(a) Notwithstanding Section 6255 or any other provisions of `law,
agendas of public meetings and other writings, when distributed to all, or a majority of
all, of the members of a legislative body of a local agency by a member, officer,
employee, or agent of such body for discussion or consideration at a public meeting of
such body, are public records under the California Public Records Act (Chapter .3:5
(commencing with Section 6250) of Division 7 of Title 1) as soon. as distributed, and shall
be made available pursuant to Sections 6253 and 6256. However, this section shall-not
include any writing exempt from public disclosure under Section 6253.5, 6254, or 6254.7.
9.
(b) writings which are public .-records- under subdivision (a) and
which are distributed prior to commencement of a public: meeting shall-be made -available
for public;inspection upon request prior-to commencement of-such -meeting. - t"
(c) Writings which are public records under subdivision (a) and
which are distributed during a public meeting and prior to commencement of their
discussion at -such meeting.-shall be imade available for •public' inspection pride �to
commencement of, and during., their discussion at such meeting.--
(d) Writings which are public records under subdivision (a) and
which are: distributed-during their- dis'cussion 'at --a'•public- meet;in'g>sha-ll bey-made-`-avaffable
- for public inspection i`mmediatelyor-"as coon thereafter asAs'practicabler
(e) Nothing in!' this section shall' be construed, to preven-t--the
legislative. body ,of a local agency -from charging.a fee -or deposit for a copy^of-ai%public
record pursuant to Section 6257.. The writings describe-d_ ln`subdivisions�.(b);,(c); and'.(d)• are
subject—to- the requ-irementsr df-"they California: P-ubl'It -Records =• Act (Chapter 3.5
(commencing,with Section 6250), Division 7, Title -I), and subdivlsloes-(b), (c),=and ('d) sh'all
not be-construed •to exempt from-'p'ubllc Inspection any-record' cowered%by'that act',-or'to
limit the pubilc"s right to Inspect any, record-required 10 Ue di-sclosed`=by' 'that •ac-t:- This
section shall n.ot be 'construed to' be-`applicable -to- any='writings solely. because -04 are
properly discussed in a closed session-- of a legislative body of-the local' a`genc"y. !-Nothing
In this chapter'-shalll'be 'construed to require a legislative body- or a I6ta'T'ageficy t'o> place
any paid'advertisement or any other paid notice in any publication: = �=
`(f)- "Writing" :for - purposes- of 'this section`- met=ns "writing" as
defined under Section 6252.
Section:5455716. CLOSED=SESSIO9S-R•ECORDIN6 tM-PLOYMENT, C'OMPENS•ATION:
;. _ _ _ :s,
(a) Notw-i_thstandin.g any other provision-ofAaw _•a leg is-lative,body
of a local _ agency m.ay hold closed - sessions � with -the;="local -agency's{ Ae"signated
representatives regarding=the sala.ries,_salaryschedules, or compensation paid in the form
of fringe benefits of Its represented and unrepresented employees. Closed sessions of a
legislative body of a local agency 'as p'ermitte&'ihthis`section 1-sha-11•befor-the--purpose of
reviewing its' position- and •-instructing=`the local agency's •designa=ted',kepresenfatives.
Closed sessions;= as permitted' .Irf this' section; may.. take place ' prior to =and` during
consultations and discussions- :with representatives of employee organizations and
unrepresented employees.
For the-purposes. enumerated in this section, a legislative body of a
local agency may also meet with a state conciliator who has intervened in the proceedings.
(b) In addition to the closed sessions authorized by subdivision (a),
the legislative body, as defined by Sections 54952, 54952.2, 54952.3, and 54952.5, of a
public agency, as defined -by subdiv-islon (c) of-Section •3501, may hold closed sessions with
its designated representatives'on =mandat`oty-subjects within-the `scope-of 'representation of
its represented employees, as determined pursuant to Section 3504.
Section 54957.7. STATEMENT—OF••RE-ASONS- FOR :CLOSED SESSIONS. Prior= to ,or
after holding any closed session, the 1'egislative-body of -the local agency shall state the
general reason, or .reasons for the closed session, and may -cite the- statutory t6tliority,
including the specific-section -and subdivision;•or other legal',46thority -under" which-'fhe
session Is, being held. In the closed" session, the legislative body m.ay,considey onl:y�lthose
matters covered in its statement. In the case of special, adjourned, and continued
10.
meetings, the statement shall be made as part of the notice provided for the special
adjourned, or continued meeting. Nothing in this section shall require or authorize the
giving of names or other information which would constitute an invasion of privacy or
otherwise unnecessarily divulge the particular facts concerning the closed session.
Section 54957.8. CLOSED SESSIONS OF A MULTI)URISDICTIONAL DRUG LAW
ENFORCEMENT AGENCY. Nothing contained In this chapter shall be construed to
prevent the legislative body of a multijurisdictional drug law enforcement agency, or an
advisory body of a multijurisdictional drug law enforcement agency, from holding closed
sessions to discuss the case records of any ongoing criminal Investigation of the
multijurisdictional drug law enforcement agency or of any party to the joint powers
agreement, to hear testimony from persons Involved in the investigation, and to discuss
courses of action in particular cases.
"fviultijurisdictional drug law enforcement agency," for purposes of
this section, means a joint powers entity formed pursuant to Article I (commencing.with
Section 6500) of Chapter 5 of Division 7 of Title 1, which provides drug law enforcement
services for the parties to the joint powers agreement.
The Legislature finds and declares that this section Is within the
public, interest, in that its provisions are necessary to prevent the impairment of ongoing
law enforcement investigations, to protect witnesses and Informants, and to permit the
discussion of effective courses of action in particular cases.
Section 54957.9. . AUTHORIZATION TO CLEAR ROOM WHERE WILLFUL
INTERRUPTIONS. In the event that any meeting is willfully interrupted by a group or
groups of persons so as to render the orderly conduct of such meeting unfeasible and orde"r
cannot be restored by the removal of individuals who are willfully Interrupting" the
meeting, the members of the legislative body conducting the meeting may order the
meeting room cleared and continue in session. Only matters appearing on the agenda may
be considered in such a session. Representatives of the press or other news media, except
those participating In the disturbance, shall be allowed to attend any session held pursuant
to this section. Nothing in this section shall prohibit the legislative body from
establishing a procedure for readmitting an individual or individuals not responsible for
willfully disturbing the orderly conduct of the meeting.
Section 54958. APPLICATION OF CHAPTER. The provisions of this chapter shall
apply to the legislative body of every local agency notwithstanding the conflicting
iprovisions of any other state law.
Section 54959. ATTENDANCE IN VIOLATION A MISDEMEANOR. Each member of
a legislative body who attends a meeting of such legislative body where action Is taken in
violation of any provision of this chapter, with knowledge of the fact that the meeting 15
in violation thereof, is guilty of a misdemeanor.
Section 54960. ACTION AGAINST VIOLATION OR THREATENED VIOLATIONS.
Any interested person may commence an action by mandamus injunction or declaratory
relief for the purpose of stopping or preventing violations or threatened violations of this
chapter by members of the legislative body of a local agency or to determine the
applicability of this chapter to actions.or threatened future action of the legislative body:
iI.
Section 54960.1 JUDICIAL REVIEW.
(a) Any' inter.este'd:person.may 'com`mence an acti.on_by .mandam.us
or injunction for the purpose of obtaining a judicial determination that..an action- ,taken :by
a legislative body of a local agency in violation of Section`54953,a54954.2,..or, 54956 Is null
and void under this section. Nothing .in this chapter _shal.l:be, constr.uyed..to prevent a
legislative body from curing or correcting an action challenged pursuant to. this.secti.on.
(b) Prior to any action being commenced^ pursuant to subdivision
(a), the interested person shall make a demand of the legislative body to cure or correct
the action alleged to have been taken In violation of Sec_tio.n 54953, ,54.954..2,,,or,
<I ;:?.
The demand shall be In writing :and clearly.. des.cr1be, .the. challenrtged_ action.. o.f-Ahe
legislative body. .and nature. `of the alleged .violation'. The-written demand shall be Rma;d,e
within 30 days from the date the action was taken.- Within 30_ days of receipt, of.-th.e
demand, the legislative body shall- cure_ or. correct the _c'halleng^o actio.n .and inform the:
demanding part-y in writing of. Its actions to cure or-corrector infem the:" dem:andIng.part,y
in writing of_Its. decision.,not to. cure or correct the_ challenged-ac.tionb If, the IeglslatLve
body takes no action witFi'in.the,30—day-period, the.Inaction.shall .be dee�m_e.d, a decision not
to cure or correct the challenged action, and the 15—day period to commence the action
described In subdivision.(a) shall commence:to run the :day._aft-er the 30,7-day "period,-to; cure
or correct explies. Within 15 days of receipt' of the written _not1c.e; of th.e leSislati.va
body's decision to.cure or correct, ;the expiration, of the._.30—day_ p:e Hod_to cure. or ,correct,
or not to cure or correct, within 15 da'ys.o'f or. within 75,days from the,,da,te the challenged
action was taken, whichever is 'earlier, the demanding party shall. be .required to
commence the action pursuant to subdivision (a) or thereafter be barred from commencing
the action.
(c) An a"ctIon' taken shall not be determined to be null and void If
any of the following conditlons.exist: _
I. Th6 action taken was In' . 'substantial .com.pliance,,...,wlih.
_Sections 54953, 54954..2,,and.54956.
2. The action 'taken was .In. connection with the sale. .or-
.
is-suance of --notes, -bonds, or other _ evidence of
Indebtedness or any co.ntra,ct, instrument; or _agreem.ent
thereto.
3. The actlon taken gave rise to a contractual obligation,
including a contract let by compe,titive bid, upon w,h:lch.,a.
party has, ln.good faith, detrimentally relied. -;X
4. The action taken was in connection with the collection
of any tax.
(d) During any a'cti'on seeking a judicial determination pursuant to
subdivision (a) if the court dete-rmines, pursuant to a showing by the Iegislati.ve body, that
an action alleged tohave been taken in violation of.Section _54953, 54954.2, or,5.49.56 has.
been cured or corrected by' a subsequent action of the legislative bod_y, ,the action filed
pursuant to subdivision (a) shall be dismissed with prejudice.
(e) The fact that a legislative body takes a subsequent action^ to-_
cure or correct an action taken pursuant to. this section shall not be construed,,,or.
admissible as evidence of a violation of this chapter.
12.
Section 54960.5. COSTS AND ATTORNEY FEES. A court may award court costs an
reasonable attorney fees to the plaintiff in an action brought pursuant to Section 54960 or
54960.1 where it is found that a legislative body of the local agency has violated this
chapter. The costs and fees shall be paid by the local agency and shall not become a
personal liability of any public officer or employee of the local agency.
A court may award court costs and reasonable attorney fees to a
defendant in any action brought pursuant to Section 54960 or 54960.1 where the defendant
has prevailed in a final determination of such action and the court finds that the action
was clearly frivolous and totally lacking in merit.
Section 54961. MEETING PLACES NON—DISCRIMINATORY. No local agency shall
conduct any meeting, conference, or other function in .any facility that prohibits the
admittance of any person, or persons, or the basis of race, religious creed, color, national
origin, ancestry, or sex. This section shall apply to every local agency as defined in
Section 54951, 54951.1 or 54951.7.
Section 54962. LIMITATION. Except as expressly authorized by this chapter, or by
Sections 32106 and 32155 of the Health and Safety Code as they apply to hospital
districts, no closed session may be held by the legislative body of any local agency.
(Chapter 1320, § 6, 1987 Stats.)
(NOTE: This reprint of the Brown Act includes legislative changes
made through December 31, 1988 including AB 2674, Chapter 641, 1986 Stats.; SB 2451,
Chapter 248, Section 97, 1986 Stats.; SB 200, Chapter 1320, 1987 Stats.; and AB 777,
Chapter 1327, 1987 Stats; AB 2561, Chapter 55, 1988 Stats.; AB 3191, Chapter 399, 1988
Stats.; and AB 857, Chapter 1346, 1988 Stats.)
GCH:RCS:sg
0007L
12/31/88
13.
CITY COUNCIL MANUAL
Revised 1989
City of Huntington Beach
County of Orange
State of California
Prepared by:
Gail Hutton
City Attorney
COUNCIL MANUAL
TABLE OF CONTENTS
Chapter 1. 01, CITY COUNCIL
Sections
1. 01. 01 Rules of Office of Councilpersons
1. 01 . 02 Vacancies
1.01.03 Attendance
1. 01. 04 Duties and Limitations of the City Council
1. 01. 05 Duties of the Mayor
1 . 01. 06 Duties of Mayor Pro Tempore
1 . 01. 07 Compensation of Councilpersons
1. 01. 08 Statewide ballot propositions
1. 01. 09 Appeals of Planning Commission Decisions
1.01. 10 Guidelines for councilpersons representing city at
conferences or other such meetings
Chapter 1. 02, CODE OF ETHICS
1. 02 . 01 Purpose of code
1. 02 . 02 Definition
1.02. 03 Responsibilities of public office
1. 02 . 04 Dedicated service
1. 02 . 05 Fair and equal treatment--Unilateral communications
1 . 02 . 06 Standards of conduct
Chapter 1. 03, COUNCIL MEETINGS
1. 03 . 01 Time and place of council meeting
1. 03 . 02 Special meetings
1.03.03 Public input
Chapter 1. 04, PARLIAMENTARY PROCEDURE
1. 04 . 01 Roberts Rules of Order, Newly Revised
1. 04 . 02 Parliamentarian
1. 04 . 03 Motions
1. 04 . 04 Vote required -- Nonemergency
1. 04 . 05 Emergency ordinances
1. 04 . 06 Adoption of ordinances
1.04 .07 Reading of ordinances
1. 04 . 08 Alteration of ordinance after introduction
1. 04 . 09 The vote
1. 04 . 10 Division of question ("split vote")
1. 04 . 11 Tie votes
1. 04 . 12 Nomination and election
1. 04 . 13 Rights of Mayor
1.04 . 14 Quorum
1. 04 . 15 Ralph M. Brown Act
1. 04 . 16 Fines, penalties and franchises
i
t r.
Chapter 1. 04, PARLIAMENTARY PROCEDURE (continued)
1. 04 . 17 Other actions
1.04 . 18 When minute action is a resolution
1. 04 . 19 Minute actions
1. 04 . 20 Motion to rescind
1. 04 .21 Motion to reconsider
1. 04 . 22 Vote required on appellate matters
1. 04 .23 Appointments to boards and commissions
Chapter 1.05, ROLE OF THE CITY ADMINISTRATOR
1. 05 . 01 Apointment and removal
1. 05 . 02 Compensation
1. 05 . 03 Duties
1. 05 . 04 Non-interference with administration
1 . 05 . 05 Acting City Administrator
Chapter 1. 06, ROLE OF THE CITY ATTORNEY
1. 06 . 01 Term
1. 06 . 02 Power and duties
1. 06 .03 Requests for ordinances and resolutions
Chapter 1.07, ROLE OF THE CITY TREASURER
1. 07 . 01 Term
1. 07. 02 Powers and duties
Chapter 1. 08, ROLE OF THE CITY CLERK
1. 08 . 01 Term
1. 08 . 02 Powers and duties
ii
Chapter 1.01
CITY COUNCIL
1. 01. 01 Rules of Office of Councilpersons . The Huntington
Beach City Council is comprised of seven (7) members elected
from the city at large tK/PXXXIA for terms of four (4)
years . Election of City Council members is dX3fXd0d
staggered into two (2) cycles . Four (4) Council members are
elected at one general municipal election, followed in two (2)
years by another general municipal election where three (3)
members are elected, and so forth. Elections are held on the
first Tuesday in November. The term of a City Council member
begins on the first Monday after �X�rZtXr6�I/z4�id/K�i /tX�/X�I
�6KtX�feJ/KKK [Xd/K�/�I��Xd�d/b�/talgtacrl¢J/XKtKI/.(¢KKtt�f//�/Sgg�'
delivery of a Certificate of Election. (Charter § 300)
1.01. 02 Vacancies . A vacancy Xri on the City Council
for whatever reason shall be filled by appointment of the City
Council,'/tX09Y6APt��` /Xt/tK�/ringt/�c[�iriaC2X z(X/�X�ttXKri/z4t/�bKXr�K
Xt/X�/�r6gKXbX�/tK/�Xz(t�/tK�/�iaitt��'/Sri/tK�/KaiXXr�t�/tK�/�SKtXtXKri
01XX/KL'/PXXX��I/PKt/tK�/�Iri�at
S/8981. (Charter § 312)
1. 01. 03 Attendance. If a City Council member absents
himself from all regular meetings of the City Council for thirty
(30) consecutive days after the last regular meeting the member
attended, without the permission of the City Council, or is
convicted of a crime involving moral turpitude, or ceases to be
an elector of the city, the City Council shall declare his
office vacant. In the event the City Council fails to fill the
seat by appointment within sixty (60) days, the City Council
shall cause an election to be held to fulfill the unexpired
term. (Charter § 312)
1. 01 . 04 Duties and Limitations of the City Council . All
powers of the city 9MAZZ/K05 are vested in the City
Council, except as otherwise provided in the city Charter.
.(0KKft0Y1§1Z0Zx (Charter § 301)
The duties of the City Council include, but are not limited
to:
(a) Holding regular meetings at least twice per month at
such time as shall be fixed by ordinance or resolution
t0XAftj6t1§1ff09.' (Charter § 303) which is 7tZO
7:00 p.m. on the first and third Mondays of each month in the
Council chambers except where a meeting falls on a holiday,
then it is to be held on the following day. tR0j9dXi Y1i6Yf/add,'
XaBX,�/S/�d�S:6/78x
(b) Calling special meetings by the Mayor or a majority
of the City Council . t1ZKaltt9t/§/807, (Charter § 303)
-1-
(c) Administering oaths and affirmations in any
investigation or proceeding pending before the Council, to
compel attendance of witnesses, to examine them under oath and
to compel the production of evidence. �eMMff�f/§/Sggx
(Charter § 304)
(d) AdMft Adopting ordinances and resolutions .
xeMMffUf/§/SXXJ (Charter § 500)
(e) Approving city contracts or authorizing the City
Administrator so to bind the city. (Charter
§ 613)
(f) By ordinance or resolution providing for the sale or
exchange of personal property not needed in city service, or not
fit for its intended purpose. xeMMffgf/§/SZS� (Charter
§ 613)
(g) Appointing the City Administrator and setting his
compensation. teMMffi6f/§/S0Z� (Charter § 400)
(h) Removing the City Administrator by majority vote,
except during or within ninety (90) days of a municipal
election. xeMMffdf/§/SESx (Charter § 400)
(i) Refraining from interference with the administrative
service; except for the purpose of inquiry, the City Council
must deal with the administrative service through the City
Administrator. teMMff6f/§/S07.Y (Charter § 307)
(j ) Providing by ordinance or resolution for the
organization, conduct and operation of the various offices and
departments of the city. teMMffMf/§/70ZX (Charter § 401)
(k) Controlling all legal business of the city. xeMAtYOt
§/70Z� (Charter § 304)
(1) Designating depositories for city funds . xeMAtkOt
§/709X (Charter § 311)
(m) Fixing by ordinance or resolution amounts and terms of
official bonds of all officials or employees . xeHAtkOt
9/7XZX (Charter § 308)
xMx KMffMXMXM�/ffM�/M2MM�fYM�/MfM�f/�ZM�ff�M/Mfff�M/�MfX�
MM/�XM�fX��/MffXtOf/Mf/fM9/9XfY/MMd4/XP/ddM64'/fM9/edM Pile IX
0/3fMgMfM/M19/6ffXggl/xexAtxot
§/7Xgx
(n) Refraining from having any ftMMMOfMZ conflict of
interest in any transaction of the city. teMMffOf/§/709x
(Charter § 313, See Government Code § 87100, et seq. )
-2-
(o) Refraining from engaging in nepotism. teHKPPidP
§/7XXj (Charter § 313)
(p) Appointing to and creating the various boards and
commissions of the city KHd/ PH�YdYH�/PHf/PK�XP/PHHdXH�/XH/PHA
�XP /H�d�HP//xeHKPP�P/§§/BgB�/S9X�/SBZx (Charter § 405)
(q) Establishing by ordinance a comprehensive personnel
system. xeHHPP9P/§/Xgggx (Charter § 403)
(r) After public hearings, reviewing, considering and
adopting the annual budget of the city. teHHPPOP/§§/XZOL�
XZEa4'/XZ041 (Charter §§ 602, 603 & 604) At any subsequent
meeting after adoption, the City Council may amend or supplement
the budget. teHKPPHP/§/XZOZj (Charter § 606)
xPx XdK�PtH�/K�/HPdXHKK@H/K/��HPPKX�PHd/�Hf�MKKtK�
xKx K�PfKXKXH�/PPH�/XHK�YH�/K/�PH��PP�/PK�/PHP/��HP�X�HX
�t xx�g/xx/�x��xx/KP/0160/E16XXKr/x$Xx/dH/0KgH/OHO/HKHdtOd
HHXXKPK/x$XBgx/HP/KKK�gKHd/�KXHH/HP/�fH�HfP�/�xxxxn/PHA/�XP�
�PPHHKP/�xx��/xxxHx�x�xxxxn�/xeHx�x��/§/Xz87�
(s) Establishing by ordinance the procedure for assessment,
levy and collection of taxes upon property within the city.
xeHKPtOf/§/XZ88j (Charter § 608)
xiq EKPKKXXKHXK�/K /HPdYKKK2K/ PH�HdKPH/PKP/PHA/XgK�HH��/KP
(t) Incurring bonded indebtedness for the city which does
not exceed twelve percent (12%) of the total assessed valuation.
(Charter § 610)
��� EKPKKXPgHXH�/H/�HHPYH�HH��/fHHd/PKP/PHA/�KP�HH�/KP
�XK�XH�/PK�/�K�c[BHP/KP/PHKHtH�/����HKKg/KP/PHA/��P�/KH/K/�KgH
HKgXgL/�eHKPPHP/§/XZXZx//EKPKHXYgHXK�/X/�K�YPKX/HHPXH�/PHKd
KHd/x��x/KPHHP/PHHdK/H�/HPdXHKH��/PKP/g�H�XKX/�K�XPKX/HHPXK�
�dY�KgHK!/�eHHfP�P/§/XZXa//THE/¢YP�/¢KHK�XX/�K�/PPHHHP�P/PK
HH�/g��M/P�Hd/HH�/dH�H���H�P�d/KdP�XKg/PHKdK/HH/HKHd/KP/HK�
PX��!/xeHKPY�f/§/XZXa�//THE/eYP�/¢H�H�YX/�K�/K�/HPdYHKH��
HgPKHXXKM/PHK/TP�HKHf�flg/dH�KPP�HKPKX/PfHKP/PKHd/PHP/PHA
�HXX��PXHHK/KHd/dH�HgXPg/HP/PM�/�HXP�H�/XX��HH��/KKXXdXH�/HHd
eKHH�XX/�K�/H�/KfdXHKH��/�KPKKXXgH/HH�/HPH�P/PHHdK/HHP
XH@HHKPgP�HP/�XPH/�XP�/eHKPP�P/�PH�XKXHHKL/�exHfPHP/§/XZXSx
tyx x��xxxx�/xx�/r� �¢xxx /KXX/�XKX�K/K�K�xgK/PHA/�xx �
�ex�rx�r/§/XZXgx//Tx�/exx�/eXHYK/xg/KKPHHPXP�d/KK/x¢x/Kx
K�HKXP/HP/PHA/¢XP�/eKHHHXX/XK/fH�H�PXH�/PHP/XHgHPPX�X�H��/HP
d�H�XH�/�XK��K/PXX�d/K�KXHKP/PK�/@YP�/�HPKHKKP/PH/gK��PH�KHP
eHdH/§/Sgg/HP/K��L/xKHgKXKPXHH/mH!/4gSX�/7/ASP/78x
-3-
(u) Providing for an independent audit of the city each
fiscal year. t2Hdff6f/§/XZXSj (Charter § 616)
xHH� BfHHfXH�/ffHndHf�dg/fdf/�dbXfd/gdf�Xddg/Hffdf/�dbXfd
HddfXH�H�/�HdH/H��fd�fXdfd!/�2HHffdf/�/XXgg�
(v) By ordinance, regulating the granting of franchises.
(Charter § 615)
1. 01. 05 Duties of the Mayor. 0d At the first
MdHddy meeting after any municipal election where a
Council member is dXddfdd seated and at any time where
there is a vacancy in the office of Mayor, the City Council
shall meet and elect one of its members Mayor.
The Mayor is the ceremonial head of the city and shall have
the primary, but not exclusive, duty to interpret the policies,
programs, and needs of city government to the people.
The Mayor may make and second motions and shall have both
voice and vote in all Council proceedings . The Mayor serves at
the pleasure of the City Council . tQHdffdf/g/aOZj (Charter
§ 305)
The Mayor may call special meetings of the City Council .
�¢HHffdf/ /SXSx (Charter § 303)
The Mayor may execute contracts on behalf of the city.
tQHHYfdf/g/SXBj when the contracts have been approved by
the City Council. (Charter § 613)
WHdfd When the Mayor, Mayor Pro Tempore and City Clerk
are absent from the city, all papers and documents required to
be executed by them may be executed by facsimile signature.
(Resolution No. 3200, 3 Aug. 70)
1. 01. 06 Duties of Mayor Pro Tempore. The Mayor Pro Tempore
shall perform the duties of the Mayor during his absence or
disability. (Charter § 306)
1. 01. 07 Compensation of Councilpersons . For their service
to the city, Councilpersons shall receive fHd/XdFd a salary
of $ZZS/;ddHHHZY $175 per month, f6f/6fdkAAtY1HHd
fdHfXHd/ddHHdH and in addition fd/HddH/gdyd. shall
receive reimbursement on order of the City Council for
council-authorized travel and other expenses OfdVZddd/HH
Xfd�Xfdd/HddddHf/Xg/fXfgf/Hdb�fffdd/fdf/HddH/fdX�Hdfgd�dHf�
HHd/Xg/H��fd�dd/b�/fHd/�ddndXX/Xf/fHd/fXfHf/fd�dXHf/�ddfXH�
df/fHd/�dHfH/fdXXd�Xd�/fHd/�dHfH/ddfXH�/�HXdH/gd@H/d��ddgd
�dH/XHdHffddL upon submission of itemized expense
accounts. In addition, members shall receive such other
reasonable and adequate amounts established by ordinance as
reimbursement for other routine and ordinary expenses. (Charter
§ 302, Huntington Beach Municipal Code § 2.28.010)
-4-
Councilpersons shall also receive all fringe benefits
granted to department heads of the city, and such fringe
benefits shall be included in the annual budget. xOPdXHdHdd
Nd//Z07S4'/XB/Adqj/7Sx (Huntington Beach Municipal Code
§ 2.20.020)
1. 01. 08 Statewide ballot propositions . The City Council
shall take no stand, either pro or con, with respect to any
statewide ballot proposition. (Minute action, 19 April 76;
Resolution No . 4344, 26 Oct . 76)
ZiOXIBS ¢ddHdXZ/d ddXg/ddd/dHdXXdd bdl//Bd�PdXdHg/dP
HdbdfdXHdPd/bddXdg�/dP/�dPgdHd�/���/bd/d��dHXdd/Hg/�dP/ddP/XH
PH6/PdZZdOXHg1
xd�r PARABESI /PHd
dXP�/dd�XdPgPfdPdP/Pd/Xgddd�/ddH��/gdd�dHd/d�/Pb�dKb/dd�
�dPddd/�dP�XP/�MdHPXd�Pdd/BbddH/MdHY@Y�dZ/¢ddd/SddPXdd
gtaB�zaB�t
xbj ENYXRONMENTAE/EYAENATZ0N1//tHb/¢ddHdYX4'/df/dHy/Rld;6bdP
PHbfbdP /PHd
dH�Xfdn�dHPHX/Pd�XdO/dd�SASXPPdd/dP/dd dPP�ddP/dP/dHVXPddid&WAX
PbPddYddg/�HdHPXH�PdH/BdddH/OPdYnHHdd/¢ddd/SddPYdH/g7ZSxl
xd� MZS¢EEZANEObS/PROYZSZONSI//ddy/RldRlbbP/dP/PHd/¢dddbXX
���/d��ddX/Pd/PHd/�ZHHHYd�/@d�S�IYgdYdn/dH�/dddXdYdH/dP/PHb
bddPd/dP/PddXH�/dd ddP�bHPg/Pd/Pd�6Xd/dP/HL6L6P6Vd/dH
d��ZX@dPXdH/PdP/Hd�XHXdPfHPY�b/PdPYdO/Pd/�bP�XP/PHd/d��PdPXdH
dP/d/HdR%/Pdf/PMb/ddYd/dP/HdHPbZdPdd/ dPgdHd/xHdHPXd�PdH/BbddH
OYdXHXddb/¢ddd/SbdPYdH/S7agLZ7l7�1
xdX SIGN/¢OBE1//PHd/¢ddH@YX/dP/HH /�d�bdf/PHdPddP/�d
H��ddZ/Xd�/dddXHXdH/dY/Yd�dYPb�bHP/dP/PHb/bddPd/dP/PdHXH�
dd�ddP�bdPd/dP/�XdHHXH�/dd�ittSYddYdH/Pd/fd�dKb/df/ddd�bHd/d/dX�d
�df�XP/�BddPXd�Pdd/BdddH/OPdYHdHdd/¢ddd/Sd@PXdd/S78ZLZ8/S�/
t6j BOARB/0F/ZONINg/AHdBSTMENTSI//PHd/¢ZP /¢ddndXX/dP/HH
�d�bdP/PHdYddP/�d�/d��ddX/dH�/db@YgYdH/dP/Pd�dXPb�dHP/dP/PMd
bddPd/dP/PdnPH�/dd�ddP�bHPd/df/�XdnHtn�/dduS�tSXddXdn/Pd/�PdHP/dP
ddH�/d��XXdHPPdnd/PdP/ddHdYPXdHdX/dKdd�PXdHd/dP/dgb/�dP�XPd
xHddPXH�Pdd/Bid¢H/OPdXHdHdd/¢ddd/SbdPXdH/gBXSLSxI
�P� ¢ONHITIONAE/bSE/PERMITS!//PHd/¢XP�/¢ddHdXZ/dP/Hn�
�d�bdf/PHdPddP/�d�/d��ddX/d/dbdXdXdH/dP/PHd/�ZdHHXH�
ddASttIXHdXdd/Pd/�PdnP�/�ddtP�/dP/ddN�/dH/d��XXddPYdH/PdP/d
ddHdXPYdHdZ/ddd/�bP�XP/�HdHPYH�PdH/BdddH/OPdXHdH@d/¢ddd
SddPtdd/SB�Z�!
-5-
.�aJx 1�PPE�fL�1//PK�/QiCP�/EK�IrI�YX/K�`/z(�f�/�S��SK�f/PKr�P�KP/�5��
z(���XX/KKK/2I��XKXK�I/�S�`/�`��HXP��Sr�riP/KP/PM�/gSXK�IKX�IaJ/�rdttStt[XKgX�f�i
(H�I�IPX�i¢JPr6rI/B�24�M/fd�`�IYrIz(rir��/2Kdr�/S�KPYKrI/SSSXxL
.�K� SZTE/PLX�dI//PKe/2a'P�/Crd�IrI�PX/KP/KrI�/�i��iK�P/PK�P�KP/�ta��
KP/PK�/�XKrlrfiCrf�J/r�r6pS�SXKKYrdri/PK/K��PK:6�/�Kri¢IXPYK�IKXX�/KP/d�ri�/K�I
ai��XXr�a�PXKr!/PeS�`/a�/KXP�/�XXrI/.(H�friYYria�PKrt/Br�Kr�K/OP�IX�IKrir��/CKeI�
1.01.09 Appeals of Planning Commission Decisions. The
Council or any member may appeal any decision or requirement of
the Planning Commission. The time limit for filing the appeal
is ten (10) calendar days after the decision. The appeal must
specify in detail the reasons for the appeal, and the hearing is
limited to the specified reasons. (Huntington Beach Ordinance
Code §§ 9880, 9881) No fee is required for appeals by a Council
member.
1. 01. 10 Guidelines for councilpersons representing city at
conferences or other such meetings . At any conference or other
such meeting where the city is represented by one or more
members of the City Council, the following guidelines shall be
followed:
(a) Whenever possible, councilpersons shall represent the
city as "instructed delegates by majority vote of the City
council . "
(b) In the event no prior instructions or directions have
been given, a poll shall be taken of the delegates attending
such conference, or other such meeting, so that any vote or
action taken by such councilpersons shall reflect the wishes of
a majority of delegates .
(c) In the event no prior instructions or directions have
been given delegates, or in the event that the City of
Huntington Beach is not represented at a conference or other
such meeting, but the matter at issue is one on which the Orange
County League of Cities has taken a stand concurred in by the
City of Huntington Beach, the City Council shall be bound by the
action taken on such issue by the Orange County League of Cities .
(Resolution No. 4366, 6 Dec. 76)
Chapter 1. 02
CODE OF ETHICS
1. 02 . 01 Purpose of code. The proper operation of
democratic government requires that public officials and
employees be independent, impartial, and responsible to the
people. The purpose of this code is to establish ethical
standards of conduct for all such officials .
-6-
i
1. 02 . 02 Definition. The municipal officials and employees
of the City of Huntington Beach, whether elected or appointed,
are "public officials and employees" within the meaning of this
code.
1. 02.03 Responsibilities of public office.
(a) Public officials and employees are bound to observe in
their official acts the highest standards of morality and to
discharge faithfully the duties of their office regardless of
personal considerations, recognizing that the public interest
must be their primary concern. Their conduct in both their
official and private affairs should be above reproach.
(b) Public officials are bound to uphold the Constitution
of the United States and the Constitution of the State of
California and to carry out impartially the laws of the nation,
state and municipality.
1, 02 . 04 Dedicated service. Public officials and employees
should not exceed their authority or breach the law or ask
others to do so, and they should work in full cooperation with
other public officials and employees unless prohibited from
doing so by law or by officially recognized confidentiality of
their work.
1. 02 .05 Fair and equal treatment--Unilateral communications .
No public official or employee should encourage, make, or accept
any application or communication from any party made out of the
presence and without the knowledge of other parties in a matter
under consideration when such application or communication is
designed to influence official decision or the conduct of the
official himself, or other officials, employees, or agencies in
order to obtain favored treatment or special consideration to
advance the personal or private interests of himself or others .
Any written unilateral communication received by a public
official or employee in matters where all interested parties
should have equal opportunity for a hearing should be made part
of the record by the recipient. Any oral unilateral
communication received under such conditions should be written
down in substance by the recipient and also made part of the
record.
1. 02 . 06 Standards of conduct. Every officer of the city
shall attempt to be courteous and avoid making rude or personal
remarks . When speaking at a public meeting, the officers of the
city shall attempt to speak to the issue and avoid making
comments for the benefit of the audience or the press .
-7-
Chapter 1. 03
COUNCIL MEETING
i
fMeYePrd/�S�f�f/b�/Pf Xe�I/s6XfH/fH�/2i'f�/2X�PK/b�/S/�!�!/drI/PK�
M��dB�/�Sf er��eIaC�IeJ/B/c�d�i�XX/tti��fXriaJ/Pd/be/X�S�X�fd�aI/d�/fMBP
t�S��fX�IeJI'K/B¢Je�Id24L
fM�/�tr�KP/�r6�f�SCXX/Ai��P�CrIeJ/t�fl2(�/b�/XrlcXdd�d/b�/tdBKi'rir�
BPfB������fB/�bXPM/fM�/2aCf�/�d�X�YKfPBf�fL/,(K�gr6X�[P�Cd�i/Nd!
ZSZId,�/B/MBf�M/B7�'
OPafX/cdttSRi�[rIa'��4PXdrig/fd/PHA/2d�(rlcYX/t�i�IBP/be/K�tbt�iXPP�d/PdP
X�i�X�iKXdrl/dri/fM�/24eJerielei.�/:CP/ndY/P�XBfed/fd/BSI/Xfe�i/BXP�Bd�/dui
iM�/B�JerleIai,!//TMe/MB�df/dP/cKz(XPgs@�`Kr6rI/tttB�/�IKe/dXB�fefX�n/Prd
�4XXdsb/dP/dtKBXXd�ldfBX/�dtrSuc(�IrIX�BfYdrl/d�/KYI/��e�d�/Yf��c(/y6MeP�
PM�/fea��eBf/Prd�'/rdfaiX/�r6�cStti�IrliC�alft�rt/Nang/rldP/l�ee�f/PYX�d.�/zfK
P�r��[XY��I/X�I/fHXa`/B��fXd�il
1.03 .01 Time and place of council meeting. Regular council
meetings shall be held in the City Council Chambers on the first
and third Mondays of each month at 7: 00 p.m. except where a
meeting falls on a holiday it shall be held on the next business
day. (Resolution No. 4161, 17 Nov 75)
B'Mrs/fXtdr�/alrl�I/�SXai��/df/ggs�cYafX/2Yf�/Qr6�[rICXX/ttS��PiCri¢Jg/KMalXX
l��/�I�r�X�Ied/�6Me�I/�atXXeeI/aJrid/fHe/calXX/atrlvI/rir6ffc�/KHBXX/B�ecff� .
���M/�ex��/alri�I/�SXalr�e!/.(exal�`PeP/�/sg7�
1�XX/�iBfP�fB/ridf/rdrt/fK�/fXdd�`/b�/XX/�Slt�,l/�6XXX/B�ifd�iz4ff��4XX�
b�/r�drifi'rl�i�eI/fd/fH�/rl�fP/�d�rI�YX/�i��fPrl�J.1/.(DRtrI�IPe/X�fPdri,�/B
MAY/,7B1
1.03.02 Special Meetings. Special City Council meetings
may be called by the Mayor or a majority of the members of the
Council, and the call and notice shall specify such time and
place. (Charter § 303)
1.03.03 Public Input. Each regular meeting shall provide
an opportunity for members of the public to address the Council
on items that are within the subject matter jurisdiction of the
Council. The Mayor, subject to appeal as a decision of the
chair, may establish time limits for particular issues and.
individual speakers. Speakers shall fill out a form provided by
the City Clerk and give it to the City Clerk prior to the
meeting. No person may donate his or her time to another
speaker.
-8-
Chapter 1. 04
PARLIAMENTARY PROCEDURE
1. 04 . 01 Roberts Rules of Order, Newly Revised. In all
matters of parliamentary procedure which are not expressly
provided for in the city Charter or the ordinances or
resolutions of the city, the procedure contained in "Roberts
Rules of Order, Newly Revised, " as it now exists or future
revisions thereof, shall control.
1. 04 . 02 Parliamentarian. The City Attorney is
parliamentarian for the City Council, and upon the request of
the Mayor or upon his own initiative, shall make rulings on
points of parliamentary procedure.
1. 04 . 03 Motions . Motions may be made by any member of the
Council and require a second, except when a second is not
required by "Roberts Rules of Order, Newly Revised. " A motion
may be withdrawn by the mover with the consent of the second and
in the absence of objection from any other member of the Council .
/dfdYt�tt�g�/f�gdX�tYdtg/df/dtd�ft/fdt/tHo
16AYA6tt/df/R1j6tLAY4'/fdidt/x.4�/AffYf��tY��/�dt�t/�f�/f�
�2H�ft�f/§/SXXx
1.04.04 Vote required. A few actions require more than
four (4) votes. They include five (5) votes for zoning
moratoria (Government Code § 65858 as limited by Charter § 501) ,
five (5) votes for a resolution to condemn property (C.C.P.
§1245.360) , and five (5) votes for certain taxes or other
measure whose principal purpose is raising revenue (Charter
§ 608) . For all other nonemergency ordinances, four (4)
affirmative votes are required. In addition, four (4) votes are
required for the making or approving any order for the payment
of money. (Charter § 500)
1. 04 . 05 Emergency ordinances . Any ordinance declared by
the City Council to be necessary as an emergency measure for the
immediate preservation of the public peace, health and safety,
and containing a statement of the reasons for its urgency, may
be introduced and adopted at a meeting if
passed by at least five (5) affirmative votes . x2HAft6f
§/SXXX (Charter § 501)
1. 04 . 06 Adoption of ordinances . With the sole exception of
emergency ordinances which take effect upon adoption, no
ordinance shall be adopted by the City Council on the day of its
introduction nor within five (5) days thereafter nor at any time
other than a regular or adjourned regular meeting. x2MAft9f
§/SXXx (Charter § 500)
-9-
r
1, 04 . 07 Reading of ordinances . At the time of introduction
or adoption of an ordinance Hf/tOgdZi f1dif,' it shall be read
X161f1IXX1(/14XzL99X/XP 4VYK95
P /kMe
frd�irl�XX�r�fg�6rlg/�fr�g�rlf.j/�ffr��f/fH�4f/�t�i�feJHtif�/Hfe3XrI24�ir�Hg/gH�(X�
lb�/f�a�el/ �I/P�IXXL/.(¢Hz(ff�f/§/SXX� by title only. (Charter
§ 500)
1. 04 . 08 Alteration of ordinance after introduction. In the
event that any ordinance is altered after its introduction, the
same shall not be finally adopted except at a regular or
adjourned regular meeting being held not less than five (5) days
after the date upon which such ordinance was so altered. The
correction of typographical or clerical errors shall not
constitute the making of an alteration within the meaning of
this section. tOX2fffOf/§/SXXX (Charter § 500)
XLggzoff K��S�z4X/r6P/f�gHX�IfYHrig/gri�I/HfdiCrla�rif�g!//A
f�gr6XgfPaSri/RS2(�/H�/f�gS�gX�d/H�/griHfK�f/f�gKX�(ftK�i/Kf/2(ri
Hf�IXrt�irifr�!//XP/f�gS�z(X/Xg/16�/f�gHX�tfYHri/�6XfKrd�if/z��I:6grig�/rlHfXfr��
PXvidlxff fRSAfiCz6�/:6Hf�g{/y6iCfK/rIHfY@�/.(Yri/fH�/PHfttSgX/¢H�[rI2YX
A46YigTAJ4,/P161[f/2(PPtfRAX136H/sfHfeg!//l+Sri/Hf�Itriz(rif�/Rtai /HH/f� �gXHeI
H�IX�/H�/H�IHfK�f/Hf�IX�i2(tlf�!
X/09/XO OfeIgfg/PHf/SSE YRIOyif/HP/R 16Y[oY1//Xd/6fgI,6f/Pdf/fKg
�S�4�ir��if/�6f/RIHrI��/gKz4XX/H�/airdr6�f�d/Hf/RiH��/z(f/grid/rbfHr�f/fK�S�i/2(
f�¢J�[Xgf/fdf/g�I�H�If�i�d/f�uJ�IXaIf/Rt�r�fi'rlaJ!/�(¢Ka�ff�f/§/SXXx
1. 04 . 09 The vote. The vote on all motions shall be by roll
call, and may be recorded by electronic or mechanical means .
1 . 04 . 10 Division of question ("split vote") . If the
question contains two (2) or more divisible propositions, the
Mayor may, and at the request of any councilperson shall, divide
the question (also called "split vote") . Example:
(1) Waive further reading of ordinance/resolution (requires
unanimous vote) .
(2) Adopt.
1. 04 . 11 Tie votes . If a vote is a tie, the motion fails
except that on appellate matters a tie vote on a motion to
sustain the lower body' s decision has the effect of sustaining
the decision of the lower body. A tie vote on a negative motion
does not approve the affirmative side of the motion. Thus a tie
vote on a motion to disapprove or not to do something does not
automatically adopt the opposite. After such tie vote the
question should be made in the affirmative mode.
-10-
i
1. 04 . 12 Nomination and election. Nomination and election
for the offices of mayor and mayor pro tempore shall follow the
following procedure:
(a) At the time set for nomination and election, the mayor
and mayor pro tempore shall vacate their respective offices as
such, and the City Clerk or other presiding officer shall call
the Council to order and proceed to conduct an election for the
office of mayor.
(b) Any member may nominate any other member, no seconds
being required, and nominations shall be open until a motion to
close shall be adopted.
(c) The vote shall then be conducted on the nominees and if
no nominee secures a majority of votes cast, a vote shall be
taken on the two nominees with the highest number of votes .
(d) All votes on nominees shall be by roll call and may be
recorded by electronic or mechanical means .
(e) No write-in votes shall be counted and any such
write-in votes shall be considered as a failure to vote.
(f) In the case of a tie for the second highest vote,
run-off ballots on such tie nominees shall be cast to break the
tie. The tie is broken when one tie nominee receives the
highest number of votes cast on such ballot . When such tie is
broken, a vote shall be taken on the nominee who has the highest
vote and the tie-breaking nominee.
(g) In case of a tie of more than two (2) nominees for the
highest vote, a vote shall be taken on such tie nominees,
eliminating all others .
(h) All run-off or tie-breaking ballots are subject to the
same elimination rules as apply to the first ballot .
(i) Successive ballots shall be cast until a nominee is
elected.
(j ) A nominee shall be elected at any time such nominee has
a majority of votes cast on any ballot in which all nominees
eligible for a final ballot are in competition.
(k) Each member shall be entitled to nominate one nominee
for each office. No member shall nominate himself .
(1) A mayor pro tempore shall then be selected by the same
process as set forth in this section for the office of mayor.
-11-
(m) The mayor and mayor pro tempore, following such proper
election, shall serve for terms of one year and until such time
as their successors have been elected, qualified and installed.
The annual election of the mayor and mayor pro tempore shall be
held at the first regular meeting following delivery of a
certificate of election, or, in years when no general or special
municipal election is held, at the second regular council
meeting in November.
1. 04 . 13 Rights of Mayor. The Mayor has the right to make
motions, second motions and vote on motions . The practice of
some deliberative bodies where the chairman does not vote except
to break a tie does not apply to the City Council .
1 . 04 . 14 Quorum. A quorum for all meetings of the City
Council is four (4) councilpersons .
1. 04 . 15 Ralph M. Brown Act . Any meeting, gathering or
coming together of four (4) or more councilpersons at which city
business is discussed is subject to the Brown Act. (Government
Code § 54950, et seq. ) A copy of the
Brown Act is found in the
appendix to this manual .
1. 04 . 16 Fines , penalties and franchises . In addition to
such other acts of the City Council as are required by the
Charter to be taken by ordinance, every act of the City Council
establishing a fine or other penalty, or granting a franchise,
shall be by ordinance. x0KAtYdt1§/SXZx (Charter § 500)
1. 04 . 17 Other actions . Actions which are not required by
the city Charter or city ordinances to be in the form of
ordinances or resolutions may be effectuated by minute action.
1. 04 . 18 When minute action is a resolution. In all
situations where an action of the City Council under the express
provisions of the city Charter or ordinances shall or may be by
resolution, a "minute action" of the City Council adopted by at
least four (4) affirmative votes, shall be deemed a resolution
for all purposes, and such action shall not fail merely because
it lacks the form or title of a resolution.
1 . 04 . 19 Minute actions . Minute actions require the
affirmative votes of a majority of councilpersons present and
voting, but not less than three (3) , except when less than a
quorum is present, the lesser number may adjourn from time to
time. (See § 1.04 .04 for requirements of higher votes. )
1. 04 . 20 Motion to rescind. A motion to rescind a minute
action without advance notice requires five affirmative votes;
with notice (in the formal Council agenda) the motion requires
four affirmative votes .
-12-
1. 04 .21 Motion to reconsider. A motion to reconsider, when
appropriate under Roberts Rules of Order, Newly Revised, may
be made at the same meeting or no later than the next regular
meeting of the City Council by a councilperson who voted on the
prevailing side of the motion to which it applies . The vote
required to adopt a motion to reconsider shall be a simple
majority of councilpersons present and voting, except that such
motion shall require four (4) affirmative votes in order to
reconsider any motion which required four (4) affirmative votes
for adoption. A motion to reconsider may be made only once with
respect to any motion to which it applies; however, a motion to
reconsider a main motion does not preclude the making of a
motion to reconsider the main motion as amended. A motion to
amend may be reconsidered. A motion to reconsider a motion to
reconsider is not permitted. The vote on the motion to
reconsider shall be taken at the time the motion to reconsider
is made except that the vote on a motion "to reconsider and
enter upon the minutes" shall be taken at the next regular
meeting of the City Council . The effect of the adoption of a
motion to reconsider is to vacate the vote taken on the motion
to which it applies and to present the motion to which it
applies to the body for action as if no vote had been taken on
it . The new vote on the motion to which it applies neither
sustains nor overrules such motion because the old vote is
vacated, and the new vote is taken as though no previous vote
had been taken.
1, 04 .22 Vote required on appellate matters . Where action
has been taken by a lower body that would be final if not
appealed, such as decisions by the Board of Zoning Adjustments
or the Planning Commission, and is subsequently appealed to the
higher body, the following procedure applies :
(a) If the motion is to sustain the lower body' s decision,
a majority of those present and voting is sufficient (four (4)
affirmative votes not required) . It is not necessary to make a
motion to overrule. When there is a tie vote, the lower body is
sustained. However, if the motion to sustain gets less than a
tie vote, a motion to overrule must be made.
(b) If the motion is to overrule the decision of the lower
body, four (4) affirmative votes are required. If there are
less than four (4) affirmative votes, the decision of the lower
body is deemed sustained and no further vote is required.
(c) If a motion is made to modify the decision .of the lower
body, two separate steps must be taken:
(1) First, the motion to modify requires four (4)
affirmative votes .
-13-
(2) Second, if the motion to modify is adopted, a
motion to sustain the decision of the lower body as modified
requires the same vote as the motion to sustain.
(3) A motion to overrule the decision of the lower
body, as modified, requires four (4) affirmative votes . If
there are less than four (4) affirmative votes, the decision
of the lower body, as modified, is deemed sustained without
further vote.
(4) If a motion to modify fails, the next motion is
either to sustain or to overrule the subordinate body.
1. 04 .23 Appointments to boards and commissions . When a
vacancy occurs for any reason on any board or agency over which
Council has power to fill by appointment, subject to the
provisions of the Maddy Act (Government Code § 54970) . The
following procedure shall be followed to fill such vacancy:
�K� AP/PKK/PYPKP/QKKK�YX/�KKPYK�/PKXXK�YK�/PKK/KKPXPY�KYXKK
PK/PKK/QK�K@YX/KP/K��K/�X�KK���/�KKXY�/KKKK�K�K�KKP/KKKXX/KK
�KdK/KP/gKXd/�K�KK��/KKd/K/PK��KKP/�Kd�/PKP/KKK/YKPKP�gPKd
��PKKKg/PK/gKK�PP/K/P�gK��/dP/PK�tf/�KKXYPY@KPXKKg/Pd/PK�
2KKK�YX/�PXKY/PK/PK�/K��P/P��KXKf/�K�PXK�/KP/PK�/QKKK�XX
(a) On or before December 31 of each year, Council shall
prepare an appointments list of regular and ongoing boards,
commissions and committees appointed by Council.
(b) When an unscheduled vacancy occurs, a special vacancy
notice shall be posted not earlier than twenty (20) days before
or not later than twenty (20) days after the vacancy occurs.
Final appointment shall not be made for at least ten (10)
working days after posting. If Council finds that an emergency
exists, it may fill the vacancy immediately, provided that the
person appointed shall serve only on an acting basis until the
final appointment is made.
(c) The Council shall, as soon as is reasonably possible,
fill any such vacancies, but nothing herein shall be construed
to limit its choice to a person who has submitted an
application, as outlined above.
(d) Interviews of candidates for positions on boards or
commissions shall be held in public at regular or adjourned
regular meetings of the City Council . A list of uniform
questions developed by the appropriate department will be asked
of each applicant to be interviewed. Applicants will be rated
on a numerical scale which will be made public.
-14-
Chapter 1.05
ROLE OF THE CITY ADMINISTRATOR
1. 05 . 01 Appointment and removal . The City Administrator is
the chief administrative officer in the city. He shall be
appointed by the affirmative vote of at least a majority of the
members of the City Council and shall serve at the pleasure of
the City Council . He shall not be removed from office during or
within any ninety (90) day period following any municipal
election when a councilperson is elected. He may be removed
only at a regular meeting by majority vote and thirty (30) days
prior to termination, he must be given notice of intent to
remove and, if requested, the reasons therefor. Within seven
(7) days after receipt of such notice, the City Administrator
may request a public hearing before the City Council within the
thirty (30) day period before his removal. The City Council may
suspend him but his compensation will continue until removal .
The City Council has uncontrolled discretion regarding such
removal . xexdit0f/§§/SBg4'/90SJ (Charter § 400)
1 .05 . 02 Compensation drld/tdgtdddddL//AXtxddgx/Exd/exxy
Xd�XdX�t�d�d�/dddd/�d�/YdgYdd/Yd/HddtYd�tdd/Sdddx/d�dd
d1616dYdtmddt'(/xd/R1d it/uxo lid 0/tog1d dd/Yd/txd/dXty/sYtMIA
xxx�x�/x8g�/dx�x/xxX�xx/xxxx/��rrxd/r$/��x�xd�d/x�/xx�/exx�
eddAdXX. The City Council shall set the salary of the City
Administrator by ordinance or resolution. ddd/gxdXX/�d�/txd
Xd��/did/d�dddt/df/txd/�xf�xrxx�/gd�dY�/xxxd/r��xYYdd/df/txd
exx /Ad�XdX� �d�d�!/xexxftd�/��/BgX�/Bga� (Charter § 403)
1. 05 . 03 Duties . The City Administrator shall be
responsible to the City Council for the proper administration of
all affairs of the city. His duties include, but are not
limited to: appointment, promotion, demotion, suspension and
removal of all employees and department heads except where this
function is vested in the City Council . Appointment or removal
of a department head requires City Council approval . The City
Administrator shall prepare and submit to the City Council the
city budget, an annual or more frequent report on city finances
and a report on current administrative activities . He shall
keep the City Council informed of the financial condition and
future needs of the city and make appropriate recommendations .
He shall establish a centralized purchasing system and prepare
rules and regulations regarding contracting, purchasing, and
attendant controls for City Council approval and adoption by
ordinance. He shall supervise the enforcement of the law of
the state, city ordinances, charter provisions, franchises and
rights of the city. He shall, subject to policy established by
the City Council, exercise control over all administrative
offices and departments, all appointive officers and employees
not appointed directly by the City Council, and prescribe
general rules and regulations for the conduct of such offices
and departments . He shall perform such other duties consistent
with the city Charter as may be required by the City Council .
texdtkdf/§/Bg.4)' (Charter § 401)
-15-
1. 05 . 04 Meetings . The City Administrator shall be
accorded a seat without a vote at all meetings of the City
Council and all boards and commissions except where his removal
is under consideration.
1. 05 . 05 Non-interference with administration. Except as
otherwise provided in this Charter, no member of the City
Council shall order, directly or indirectly, the appointment by
the City Administrator, or by any of the department heads in
administrative service of the City, of any person to any office
or employment, or removal therefrom. Except for the purpose of
investigation and inquiry, the members of the City Council shall
deal with the administrative service under the jurisdiction of
the City Administrator solely through the City Administrator,
and no member of the City Council shall give orders to any
subordinate of the City Administrator, either publicly or
privately. (Charter S 307)
XLg8188 Nd1K11KY,6tf ULU
EX9K0E/f /YH9HYEY4'/HK/RlL6RI169E/Kf/EHO/2YEy
CH�H@XX/gHHXX/d�HX/�XEH/EH�/Hd�YHXHEEHEX�9/99E3fXE�/HHd�E/EKE
9KHEEKX/Hf/EHK/QXEy/AdRiY Fix
HEEHEKE/K��KE/EHEHH�H/EH�/2XE
Ad�XHXgEEHEHEI
mK/R116RAIW116f/EM/QXEy/Qdd pie
YX/gHHXX/�X��/KEd�fE/EK/H
gHHKfdXHHE�/Kf/EH�/2XE�/Ad�YHYEEEHEKE/�tEH�E/�HKXY@X�/Hf
PEXVHEOXY/HHd/idgE� E/HH/KEH�E�YH�/ fH�Xd�d/XH/EH�/AXE
CHHEE�E�/HK/���H�Y/Kf/EH�/2YE�/Q�HH�XX/HHHXX/KEd�E/EH�
H KYHE��HE/KE/E� H�HX/Kf/HH / �EEKH/EH/HH /Kfffeg/dt
K��XH�ci�HE/�tEH/EKK/@YES!/�2KHfEKf/S/8g7�
1. 05 . 06 Acting City Administrator. The City Administrator
may appoint, subject to City Council approval, any officer or
department head to serve in his absence as acting City
Administrator. If he fails to do so, the City Council may make
such appointment. tMftdf/S/BgB� (Charter S 402)
Chapter 1. 06
ROLE OF THE CITY ATTORNEY
1. 06 . 01 Term. The City Attorney is the attorney for the
municipal corporation known as the City of Huntington Beach.
NO The City Attorney shall be elected from the city at
large, as provided by the city Charter, and shall serve for a
term of four (4) years and until KXE a successor
qualifies . x1ZHHYE0f/S/S00J (Charter S 309)
1. 06 . 02 Power and duties. The City Attorney' s duties
include, but are not limited to: representing and advising the
City Council in all matters of law pertaining to their offices .
HO The City Attorney shall prosecute on behalf of the
people all criminal matters arising from violations of ordinance
-16-
i
or Charter provisions or state law misdemeanors within the
city' s power to prosecute unless otherwise provided by the City
Council . H9 The City Attorney shall represent and appear
for the city in all actions or proceedings in which the city is
concerned or is a party, and shall appear on behalf of any
present or former city employees in any action or proceeding
arising out of their employment or by reason of their official
capacities . Hig The City Attorney shall attend all regular
meetings of the City Council unless excused, and act as
parliamentarian, and the City Attorney' s decision rendered with
respect to parliamentary procedures, shall be final . HO
The City Attorney shall give KU advice or opinion orally
or in writing whenever requested to do so by the City Council or
any of the boards or officers of the city. HK The City
Attorney shall approve as to form all contracts made by and all
bonds and insurance given to the city, and prepare all
ordinances, resolutions and amendments thereto. M6 The
City Attorney shall devote such time to his duties and at such
place as the City Council directs by vote of that body, and
perform such legal functions and duties incident to the exercise
of the foregoing powers as may be necessary. HO The City
Attorney shall surrender to the successor all files, books and
documents pertaining to city affairs . (Charter § 309)
The City Council shall control all legal business,
proceedings and all property of the legal department, and may
employ other attorneys to take charge of or contract for
prosecutions, litigation or other legal matters . tOXAtkigt
S/70Za (Charter § 304)
X,lBS,lga//K��g�gPg/PKP/KPrdtrigri���/zirid/�'�gKX�IPPr6rfg,l//AXX
PogHogPg/KP/LKj6/eXtY1Am6tYfdY 'g/KPPYte/16Y1RIj6RI16,6Pg/KP/PKg/elty
eKrlri�XX/PAP/�SP�gSg�`gPaC�6ri/dP/��`�IYri2�ri�eg/grid/Pr6gr6XgPXr6�ig/gM��IX�I
H�/lS�/�S�ri�IP�/g�P�dri/dP/Px�/erS�fri@tx!
Chapter 1.07
ROLE OF THE CITY TREASURER
1 .07. 01 Term. The City Treasurer is the custodian of
public funds of the City of Huntington Beach. HAK The City
Treasurer shall be elected from the city at large, as provided
in the city Charter, and shall serve for a term of four (4)
years and until Kit a successor qualifies. (Charter
§/9001 (Charter §§ 300, 311)
1. 07 . 02 Powers and duties . The City Treasurer shall have
the power and shall be required to receive on behalf of the city
all taxes, assessments, license fees and other revenues of the
city, or for which the city is responsible. HO The City
Treasurer shall receive all taxes or other money receivable by
the city from the county, state, Federal government or any court
or other department, office or agency of the city. Hid The
City Treasurer shall have control of all funds coming into the
-17-
City Treasurer ' s hands and deposit them in such depository as
the City Council designates by resolution or, if none is fixed,
as the City Administrator directs . The City Treasurer shall act
in compliance with the state Constitution and law in handling,
depositing and securing the public funds. The City Treasurer
shall pay out proper orders or warrants as provided in the city
Charter, prepare and submit to the Finance Director monthly
reports of all receipts, disbursements and fund balances with a
copy to the City Administrator. The City Treasurer shall
perform such other duties consistent with the city Charter as
the City Council directs by ordinance or resolution, and appoint
such deputies at such salaries as the City Council may prescribe
by ordinance or resolution. t0XAtY6t1§/709j (Charter § 311)
Chapter 1. 08
ROLE OF THE CITY CLERK
1. 08 . 01 Term. The City Clerk is the official recorder and
keeper of the records of the City of Huntington Beach. Hid
The City Clerk shall be elected from the city at large as
provided in the city Charter, and shall serve for a term of four
(4) years and until HXg a successor qualifies .
tOXAtt0t1S1ZOgX (Charter §§ 300, 310)
1. 08 . 02 Powers and duties . The Clerk' s duties include but
are not limited to: attending all meetings of the City Council
unless excused, and keeping a full and true record of such
proceedings . Recording and maintaining all ordinances,
resolutions, written contracts and official bonds . Keeping all
books and records properly indexed and open to public
inspection. The clerk shall be the custodian of the city seal,
and administer oaths, affirmations, take affidavits and
depositions pertaining to city affairs and certify copies of
official records . The Clerk shall be ex officio assessor unless
the City Council by ordinance provides otherwise. The City
Clerk shall have charge of all city elections Aidd/9MAZZ
9XII0 A991kHo/l6dLgg/gft�t/z4ZZ/�J�ri�YaiZ/d�`/M�S��XMZ/ S��IX�Z z4Z
�Z��tXr6�fg/gMeT/�H HZg/gH�/�`�ggZgg/gM/MHO/2Xg /QHrI�I�XZ/ZOt
���tXtX�gti'rd�il//.(K�gdZ�(ticr6rl/�d�S,l/ZSS7�/ZZ/XtXZ/BSx. The
City Clerk shall issue subpoenas on behalf of the city.
(Huntington Beach Municipal Code § 1.16.080) HgdH/tH9
Yg9j,Iogt/HP /YMO/CXty
ptttr6t�i� L//.(K�gHZ�itXH�f/P�r6!/aaSa,r/ZS/m��/7Zx The City Clerk
shall accept and consent to deeds and grants of real property to
the city for public purposes . (Resolution No. 3537, 7 Aug. 72)
The City Clerk may, with the consent of the City Council,
appoint such deputies at such salaries as the City Council may
prescribe by ordinance or resolution, and perform such other
duties, consistent with the city Charter as the City Council may
require by ordinance or resolution. ,(CHgtYLW§1704x
(Charter § 310)
4727L
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t
REQUE* FOR CITY COUNCL ACTION
i
Date November 2, 1989
CM x
Submitted to: a or & Members of the City Council
LAIrM
c�
Submitted by: ail Hutton, City Attorney "PROVED BY CITY Cotpi = rn
Prepared by: ail Hutton, City Attorney 3rM
ZK i
Subject: Council Manual
- - Y s
Consistent with Council Policy? [A Yes [ ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
Issue
r
We have revised the Council Manual to update it with current law
practices . The changes are largely housekeeping, to correct
charter and statutory references and omit language no longer
pertinent . The manual has been largely unchanged since 1976 .
Recommendation:
Adopt revised manual .
Analysis :
The more notable changes are:
1 . 01. 01 Election is now in November.
1. 01. 04 (a) Meetings are now at 7 : 00 .
(b) The procedures for bonds and funds were
changed in the 1982 charter.
1 . 01. 07 Compensation of councilmembers was changed by
the charter and HBMC S 2 .28 . 010 .
1. 01. 09 The types of appeals to council are often
changed by ordinance. The manual is not kept up
to date, so we have deleted the list, except for
Planning Commission appeals, since these are so
frequent .
1. 03 . 01 This section is streamlined to reflect current i
practices .
i
1. 03 . 02 Special meetings are governed by Charter S 303
and the Brown Act . i
i
P)0 5/85
1. 03 . 03 Public input is required by the Brown Act. This
new action recognizes the right of Council to
control the procedure.
1. 04 . 04 This clarifies the votes required on various
actions . Other changes in 1 .04 conform to the
current charter.
1. 04 .23 Changes implement the Maddy Act .
1. 05 . 02 Conforms to current charter.
1. 05 . 05 Conforms to current charter.
1. 06 . 03 Deletes a defunct practice requiring minute
action to request the City Attorney to prepare
an ordinance.
We will be pleased to answer any questions concerning these
changes .
Funding Source: N/A
Alternate Action: Consider other modifications of the draft.
Attachment: Legislative draft of revised manual . =
eyj:;v
CITY OF HUNTINGTON. BEACH
CA 76=188
COUNCIL - ADMINISTRATOR COMMUNICATION
HUNTINGTON BEACH
To Honorable Mayor and From Floyd G . Belsito,
City Council Members City Administrator
Subject GUIDELINES FOR CITY DELEGATES Date November 24 , 1976
(RESOLUTION NO.i136(o )
Attached is Resolution No.yM(e which the Council requested at the
November 15 , 1976 Council meeting. The Resolution establishes
guidelines for voting delegates of the City to conferences and
other such meetings .
RECOMMENDATION
Adopt Resolution No. -136k .
Respectfully submitted,
Floyd Belsito,
City Administrator
,FGB:p
Attachment
CITY OF HUNTINGTON BE H AC
CITY COUNCIL COMMUNICATION • •
HUNTINGTON BEACN -
TO City Council FROM Harriett M. Wieder
SUBJECT RESOLUTION ESTABLISHING GUIDE DATE November 10, 1976
LINES FOR DELEGATE REPRESENTATION
AT LEAGUE OF CITIES MEETINGS, SCAG, ETC .
It has been brought to my attention that our City (unlike
other cities) has never established guidelines or rules
of procedure for the manner in which our City casts their
\ vote by its delegate or delegation.
l
In order that not any member of the Council act independently
or unilaterally, I would like to recommend that by either
resolution or minute action, we adopt such rules that would
govern the function and action of our designated delegates
who represent the City as follows :
I . Whenever possible , the designated delegate or delegates
go as "instructed delegates by majority vote of the
City Council. "
2 . If the occasion arises when no instructions or direct-
ion has been given by thb Council , then the delegate
or delegates poll the delegation in attendance to seek
. a ma:j.ority�-:consensus for a vote.
3 . If no instructions have been given, or if there is not
a delegation in attendence, then if the Orange County
League of Cities has taken a vote on an issue , and if
our City has not abstained, or opposed the vote, then
we s.hould-lbe bound to follow the vote of the Orange
County League .
It is my understanding that most cities do have some kind
of guidelines in this regard, in order to avoid misunder-
standings . With your approval of this concept , I will then
seek the advice of our City Attorney' s office in order to
have this put into the proper language .
HMW: cb
CITY OF HUNTINGTON BEACH CA 76-141
COUNCIL ADMINISTRATOR COMMUNICATION
HUNTINGTON BEACH
To Honorable Mayor and From Floyd G. Belsito,
City Council Members City Administrator
Subject COUNCIL MANUAL qJW Date September 3 , 1976
(RESOLUTION NO. -)
Attached is the Council Manual which has been revised according to
input received from -the Council. This Manual will be adopted as a
resolution so please review its contents carefully since the pro-
cedures should be adhered to.
RECOMMENDATION 1X�
Adopt Resolution No. 11-34T adopting a Council Manual.
Respe tfully submitted,
Floyd . Belsito,
City dministrator (�\
FGB:p V
Attachment
CITY OF HUNTINGTON -BEACH CA 76-141
I COUNCIL ADMINISTRATOR COMMUNICATION
HUNTINGTON BEACH
To Honorable Mayor and From Floyd G. Belsito,
' City Council Members City Administrator
Subject COUNCIL MANUAL 91.?.30 Date September 3 , . 19 76
(RESOLUTION NO. )
I
i
Attached is the :.Council Manual which has been revised according to
i input received from the Council. This Manual will be.. adopted as a
resolution so please review its contents carefully since the. pro.-
cedures should be adhered to.
I
RECOMMENDATION
j Adopt.. Resolution No A1330 adopting a 'Council ..Manual.
I Respe tfully submitted,
{ Floyd Belsito,
City dministrat0r
FGB:p
i Attachment
i
I .
i
I
i
2 September 1976
i TO: Honorable Mayor and City Council
I
City Administrator
FROM: City Attorney
i
SUBJECT: City Council Manual
Transmitted herewith is the City Council Manual, to-
gether with resolution for the adoption of such manual.
Suggestions made by the Council and department heads for
revision of the manual have been incorporated herein.
SUGGESTED ACTION:
I Adopt the resolution.
I Respectfully submitted,
DON P. BONFA
City Attorney
DPB: ahb
Attachments
i
i
i
i
I
I
OFFICE OF THE OFFICE OF THE
CITY ATTORNEY
CITY ATTORNEY
I
CITY COUNCIL MANUAL
I .
i
City of Huntington Beach
I County of Orange
State of California
i
I
I
i
I
I
i .
Prepared by:.
Don P. Bonfa
OFFICE OF THE City Attorney
CITY ATTORNEY
T f
1
i
#33 0
RESOLUTION NO.
I A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH ADOPTING A COUNCIL MANUAL
BE IT RESOLVED by the City . Council of the City of
Huntington Beach that. i:t does hereby adopt .a Council. Manual,
j which manual is attached hereto and by this reference made a
part hereof.
Future amendments to the Council Manual shall be by
resolution of the City Council which shall relate only to the.
sections amended.
Resolutions No. 1463, 2539 , 31643 3306, 3664 and 4227
are hereby repealed.
PASSED AND 'ADOPTED by the City Council of the'-City of
Huntington Beach at a regular meeting thereof held on the
day of 1976 .
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Mayor
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i ATTEST: APPROVED AS TO FORM:
OF
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City Clerk. it
y . o e
APPROVED AS :TO CONTENT AND
AS INITIATING DEPARTMENT:
Mayor
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! COUNCIL MANUAL
�f TABLE OF CONTENTS
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Chapter 1. 01, CITY COUNCIL
Sections :
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1.01. 01. Rules. .of .,Office. of councilpersons
1.01.02 Vacancies
1. 01. 03 Attendance
`` 1.01. 04 Duties of the City Council
1. 01.05 Duties of the.Ma.yor
1.01. 06 Duties of the Mayor Pro Tempore
1.01. 07 Compensation of councilpersons
Chapter 1.02, CODE OF ETHICS
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Sections:
1. 02.01 Purpose of code
1.02.02 Definition
1.02 .03 Res onsibilities .of p public office
1.02:04 Dedicated service
1..02.95 Fair and equal treatment--Unilateral communications
j 1. 02.06 Standards of conduct
Chapter 1.03, COUNCIL MEETING
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Sections:
1.03'- 01 Agenda
1. 03.02 Time. and place of council meeting
Chapter. 1.04, PARLIAMENTARY PROCEDURE
Sections :
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1.04.01 Roberts Rules of .Order Revised
1. 04. 02 Parliamentarian
1. 04. 03 Motions
1 .04. 0.4 Vote required--Nonemergency
1.:04.05 Emergency ordinances
. 1.04.06 Adoption of ordinances
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Chapter 1. 04, PARLIAMENTARY PROCEDURE contd.
Sections :
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1.04. 07 Reading of ordinances and resolutions
1. 04. 08 Alteration of ordinance after introduction
1. 04.09 Repeal of resolutions and ordinances
i 1. 04. 10 Orders for payment of money
I 1. 04.11 The vote
1. 04.12 Division of question ( "split vote")
1. 04.13 Tie votes
1.04.14 Nomination and election
1. 04.15 Rights of Mayor
1. 04.16 Quorum
1.04. 17 Ralph M. Brown• Act
1.04.18 Fines , penalties and franchises
1. 04. 19 Other actions
1.04.20. When. minute. action,is a resolution
' 1.04. 21 Minute actions
1. 04. 22 Motion to rescind
j 1.014.. 23 Motion to reconsider
' 1.04. 24 Vote required on appellate matters
1.04. 25 Appointments to .b.oards and .commissions
Chapter 1.05, ROLE OF THE CITY ADMINISTRATOR
Sections:
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1.05:.01 Appointment and removal
' 1.05 .02 Compensation and residence
1.05.0.3 Duties
1. 05.04 Meetings
1.05.05 Noninterference with administrative service
j 1.05.06 Acting city administrator
Chapter 1.06, ROLE OF THE CITY ATTORNEY
Sections :
1. 0.6.01 Term
1.06.02 Powers and duties
1.06.03 Requests for ordinances and resolutions
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Chapter 1.07, ROLE OF THE' CITY TREASURER
Sections :
'•. 11.0 7. 01 Term
1. 07.02 Powers and duties
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Chapter 1. 08, ROLE OF THE CITY CLERK
Sections :
1..08.01 Term
1.08:02 Powers and duties
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TABLE OR CONTENTS TO
APPENDIX TO COUNCIL MANUAL
TITLE PAGE NO.
Resolution No. 4311, Budget Control 1
Motion to Reconsider, 5
Removal of Members of Boards and Commissions 7
Expiration of Terms of Members,of the Recreation and
Parks Commission 9
City Attorney Opinion No . 73-42 10
Parliamentary Procedure--Script for Mayor 12
Ralph M. Brown Act 15
City Reimbursement for Expenses of Councilperson' s
Spouse , Memo 39
NIML0 Letter Re City Reimbursement for Expenses of
Councilperson' s Spouse 40
City Council/Department Head Retreat--Brown Act ,
City Attorney Opinion No . 76-40 . 42
Procedure for Handling Executive Sessions of City
Council; Letter 48
Resolution No. 4283, Conflict of Interest Code 50
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Chapter 1. 01
CITY COUNCIL
1. 01. 01 Rules of Office of Council persons . The Huntington
Beach City' Council is. comprised of seven 7 members elected
from the city. at large to fill a term of four (4) years . Elec-
tion of City Council members is divided. into two (2) cyles. Four
(4) Council members are elected at one general. .municipal elec-
tion, ufollowed. in .two e(2)- years by another_ general municipal
election where three ( 3) members are elected, and so forth. The
term of a City Council member begins on the first Monday after
election and any tie in voting should be decided by casting lots.
(Charter §500)
1. 01. 02 Vacancies . A vacancy in the City Council for
what-ever. reason shall be filled by appointment of the City
Council; thereafter, at the next municipal election at which it
is possible to place the matter on the ballot, the position
will be filled for the unexpired term, if any. (Charter §503)
1. 01.03 Attendance . If a City Council member absents
himself from all regular meetings of. the City Council for thirty
(30) consecutive days after the last regular meeting the member
j attended, without the permission of the City Council, or is con-
victed of A crime involving moral turpitude, or ceases to be an
elector of the city, the City.. Council shall .declare. his office
vacant . In. the event the City .Council fails ..to fill the seat
by appointment within sixty (60) days, the, City Council shall
j cause an election to b e held to fulfill the unexpired term.
(Charter §503) ,
1..01.04 Duties of the City Council. All powers of the
city shall be vested in the City Council except as otherwise
provided in the city Charter. (Charter §505)
The duties of the City Council include, but are not limited
to:
.(a) Holding regular meetings at least twice per month
at such time as shall be fixed by ordinance (Charter §506)
i which is 7 p .m. on the first and third Mondays of each month
in the Council chambers. except _where a meeting falls on a
holiday then it is to be held on the following day.
(Resolution. No. 4161)
(b) . ' Calling ,special meetings by a. majority of the City
Council (Charter §507)
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(c) Administering oaths and affirmations in any in
vestigation or proceeding pending before the Council, to
compel attendance of witnesses , to examine them under oath
and to compel the production of evidence. (Charter §509)
(d) Adopt ordinances and resolutions. (Charter §511)
(e) Approving city contracts or authorizing the City
Administrator so to bind the city. (Charter §518)
(f) By ordinance or resolution providing for the sale or
exchange of personal property not needed in city service, or
not fit for its intended purpose. (Charter §518)
(R) Appointing the City Administrator and setting his com-
pensation. (Charter §603)
(h) Removing the City Administrator by majority vote ex-
cept during or within ninety (90) days .of a municipal election.
(Charter §606)
(i) Refraining from interference with the administrative
service; except for the purpose of inquiry, the City Council
must deal with the administrative service through the City
Administrator. (Charter §607)
0 ) Providing by ordinance or resolution for the organi-
zation, conduct and operation of the various offices and de-
partments of the city . (Charter §702)
(k) Controlling all legal business of the city. (Charter
§703)
(1) Designating depositories for city funds. (Charter §705)
(m) Fixing by ordinance or resolution amounts and terms of
official bonds of all officials. or employees . (Charter -§712)
(n) Refraining from accepting other elective office while an
elective officer of the city and, if done, the Council member
will be deemed to have vacated his office. (Charter §710)
(o) Refraining. from having any financial interest in any
transaction of the city. (Charter §709)
(p) Refraining from engaging in nepotism. (Charter §711)
(q) Appointing to and creating the various boards and com-
missions of the city and providing for their funding in the city
budget. (Charter §§800, 801, 802)
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(r) Establishing by ordinance a comprehensive personnel
system. (Charter §1000)
(s) After public hearings , reviewing, considering and adopt-
the annual budget of the city. (Charter §§1202 , .1203, 1204)
At any subsequent meeting after adoption, the City Council
may amend or supplement the budget . (Charter §1205)
(t) Adopting by ordinance a centralized purchasing system.
(Charter §1206)
(u) Refraining from levying a property tax for municipal
purposes in excess of One Dollar ($1) on each One _Hundred
Dollars ($100) of assessed value of property within the city
without voter authorization. (Charter §1207)
(v) Establishing by ordinance the procedure for assess-
ment , levy and collection of taxes upon property within the city.
(Charter §1208)
(w) Establishing by ordinance procedure for the issuance
of revenue bonds . (Charter §1209)
(x) Establishing a contingency fund for the .purpose . of
placing the payment._ of running expenses of the city on a cash
basis . (Charter §1212) Establishing a capital outlay fund and
such other funds by ordinance for special capital outlay pur-
poses . (Charter §1213) The City Council may transfer to any
such fund any unemcumbered surplus funds on hand at any time.
(Charter §1213) The City Council may by ordinance. establish
the ° Treasurer's departmental trust fund for the collections and
deposits of the police, license, building and other departments '
deposits . (Charter . §1214) The City° Council may by ordinance
establish any other funds not inconsistent with city Charter
provisions . (Charter §1215)
.(y) Accepting and rejecting all claims against the city.
(Charter §1216) The City Clerk is authorized to act on behalf
I of the City Council in re,jecting. for insufficiency or denying
I claims filed against . the. city pursuant to Government Code §§900
et seq. (Resolution No. 4051, 7 Apr 75)
(z) Providing for an independent audit of the city each
'fiscal year. (Charter §1219)
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.(aa) Granting franchises for public services after public
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hearings , when appropriate. (Charter §1400)
1. 01.05 Duties of the Mayor. On the first Monday after
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any municipal election where a Council member is elected and
at anytime where there is a vacancy in the office. of Mayor,
the City Council shall meet and elect one of its members Mayor..
The Mayor is the ceremonial head of the city and shall
have the primary, but not exclusive, duty to interpret the
policies ; programs and needs of city government to the people.
The Mayor may make and second motions and shall have both
voice and vote in all Council proceedings . The Mayor serves
at the pleasure of the City Council. (Charter §504)
The Mayor may call special meetings of the City Council.
(Charter §518)
The Mayor may execute contracts on behalf of the city .
(Charter §518)
Where the Mayor, Mayor. Pro Tempore and City Clerk are
absent from the city, all papers and documents required to be
executed by them may be executed by facsimile signature .
(Resolution No. 3200 , 3 Aug- 70)
1. 01.06 Duties of. Mayor Pro .Tempore. The Mayor Pro Tempore
shall perform the duties of the Mayor during his absence or dis-
ability.
1.01.07 Compensation of Councilpersons . For their serv-
ice to the city, Councilpersons shall receive the sum of $125
monthly for ordinary and routine expenses , and in addition to
such sum, shall receive reimbursement for council-authorized
travel and other expenses provided an itemized account is first
submitted for such reimbursement, and is approved by the Council
at the first regular meeting of the month following the month
during which such expense was incurred.
Councilpersons shall also receive all fringe benefits
granted to. department heads of the city, and such fringe bene-
fits shall be included in the annual budget . (Ordinance No.
2079 , 18 Aug 76)
-Chapter 1 .02
CODE OF ETHICS
1. 02.01 Purpose of code. The proper operation of demo-
cratic government requires that public officials and employees
be independent, impartial, and responsible to the people. The
purpose of this code is to establish ethical standards of
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conduct for all such officials .
1.02. 02 Definition. The municipal officials and em-
ployees of the City of Huntington Beach, whether elected or
appointed, are "public officials and employees" within. the
meaning of this code.
1.02. 03 Responsibilities of public office.
(a) Public officials and employees are bound to ob-
serve in their official acts the highest standards of mo-
rality and to discharge faithfully the duties.. of their office
regardless of personal considerations , recognizing that the
public interest must be their primary concern. Their con-
duct in both their official and private affairs should be above
reproach.
(b) Public officials are bound to uphold the Constitution
of the United States and the Constitution of the State of
California and to carry out impartially the laws of the nation,
state and municipality .
1.02. 04 Dedicated service. Public officials and em-
ployees should not exceed their authority or breach the law or
ask others to do so, and they should work in full cooperation
with other public officials and employees .unless prohibited
from doing so by law or by officially recognized confidential-
ity of their work.
1.02 . 05 Fair and .equal treatment--Unilateral communications .
No public official or employee should . encourage, make, or accept
any application or communication from any party made out of the
presence and without the knowledge of other parties in a matter
under consideration when such application or communication is
designed to influence official decision or the conduct of the
official himself, or other officials , employees, . or agencies in
order to. obtain favored treatment or special consideration to
advance the personal or private interests of himself or others .
Any written unilateral communication received by a public
official or employee in matters where all interested parties
should have equal opportunity for a hearing should be made part
of the record by the recipient . Any oral unilateral communi-
cation received under such conditions should be written down in
substance. by .the recipient and also made part of the record.
1. 02. 06 Standards of conduct . Every officer of the city
shall attempt to be courteous and avoid making rude or personal
remarks . When speaking at a public meeting, the officers. of the
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city shall attempt to speak to the issue and avoid making com-.
ments for the benefit of the audience or the press .
Chapter 1. 03
COUNCIL MEETING
1. 03. O1 Agenda. - -All items and supporting documents
thereto must be filed with the City Clerk by 5 p.m. on the
Monday preceding. a council meeting to be included on that
meeting's agenda.
Any item of an emergency nature that must be acted upon
at the next council meeting may be included by making arrange-
ments with; the City Administrator. (Resolution No . 2520,
6 March 67)
Oral communications to the Council must be submitted for
inclusion on the agenda, if not related to- .an item already on
the agenda. The Mayor or chairperson may use discretion to
allow or disallow oral communication on an agenda item where
the request for oral communication has not been filed, ..as re-
quired in this section.
1. 03. 02 Time and place of council meeting. Regular
council meetings shall be held in the City Council Chambers
on the first and third Mondays of each month at 7 p.m. ex-
cept where a meeting falls on a holiday it shall be held on
the next business day._ (Resolution No . 4161, 17 NQv 75)
The time and place of special City Council meetings
shall be decided when called and the call and notice shall
specify such time and place. (Charter §507)
All matters not on the floor by 11 p .m. will automati-
cally be continued to the next council meeting. (Minute Action,
6 May 74)
Chapter 1. 04
PARLIAMENTARY PROCEDURE
1. 04. 01 Roberts Rules of Order Revised. In all matters
of parliamentary procedure which are not expressly provided
for in the city Charter or -the ordinances or resolutions of
the city , the procedure contained in "Roberts Rules ' of' Order
Revised," as it now exists or future revisions thereof, shall
control.
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1. 04 . 02 Parliamentarian. The City Attorney is parlia-
mentarian for the City Council , and upon the request of the
Mayor or upon his own initiative , shall make rulings on points
of parliamentary procedure .
1. 04. 03 Motions . . Motions may be made by any member of
the Council and require a second except when a second is not
required by "Roberts Rules of Order Revised." A motion may be.
withdrawn by the mover with the consent of the second and in
, the absence of objection from any other member of the Council.
1 . 04. 04 Vote required--Nonemergency . For all nonemer-
gency ordinances , resolutions or orders for the payment of
money, four ( 4) affirmative votes are required. (Charter §511)
1. 04. 05 Emergency ordinances . Any ordinance declared by
the City Council to be necessary as an emergency measure for
the immediate preservation of the public peace , health and
safety, and containing a statement of the reasons for its ur-
gency , may be introduced and .adopted at one . and. the same meet-
ing if passed by at least five (5 ) affirmative votes . (Charter
§511)
1. 04 . 06 Adoption of ordinances . With the sole exception
of emergency ordinances which take effect upon adoption, no
ordinance shall be adopted by the City Council on the day of
-its introduction nor within five (5) days thereafter nor at
`✓ any time other than a regular or .adjourned regular meeting.
(Charter §511)-
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1. 04 .07 Reading of ordinances and resolutions . At the
time of introduction or adoption of an ordinance or resolution,
it shall be read in full, unless after the reading of the title
thereof, the further reading thereof is waived by unanimous con-
sent of the councilpersons present , except that emergency ordi-
nances shall be read in full . (Charter §511)
i 1. 04. 08 Alteration. of ordinance after introduction. In
the event that any ordinance is altered after its .introduction,
the same shall not be finally adopted except at a regular or
adjourned regular meeting being held not less than five (5)
days after the date upon which such ordinance was so altered.
4 The correction of typographical or clerical errors shall not
constitute the making of an alteration within the meaning of
this section. (Charter §511)
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1. 04. 09 Repeal of resolutions and ordinances. A resolu-
tion maybe repealed by another resolution or an ordinance . If
repeal is by resolution without advance notice , five affirm-
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ative votes ; with notice (in the formal Council agenda) , four
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affirmative votes . An ordinance may be repealed only by another
ordinance .
1. 04 . 10 Orders for payment of money . No order for the
payment of money shall be adopted or made at any other than a
regular or adjourned regular meeting. (Charter §511)
1. 04. 11 The vote. The vote on all motions shall be by
roll call, and may be recorded by electronic or. mechanical
. means .
1. 04 . 12 Division of question ( "split vote" ) . If the
question contains two (2) or more divisible propositions , the
Mayor may , and at the request of any councilperson shall, di-
vide the question (also called "split vote" ) . Example:
(1) Waive further reading of ordinance/resolution (re-
quires unanimous vote) .
(2) . Adopt .
1. 04. 13 Tie votes . If a vote is a tie, the motion fails
except that on appellate matters a tie vote on a motion to sus-
tain the lower body 's decision has the effect of sustaining the
decision of the lower body . A tie vote on a negative motion
does not approve the affirmative side of the motion. Thus a
tie vote on a motion to disapprove or not to do something does
a.�. not automatically adopt the opposite . After such tie vote the
question should be made in the affirmative mode .
1. 04 .14 Nomination and election. Nomination and election
for the offices of mayor and mayor pro t.empore , pursuant to
Section 504 of the Charter, shall follow the following procedure:
(a) At the time set for nomination and election, the mayor
and mayor pro tempore shall vacate their respective offices as
such, and the City Clerk or other presiding officer shall call
the Council to order and proceed to conduct an election for the
office of mayor.
(b ) Any member may nominate any other member, no seconds
being required, and nominations shall be open until a mo-
tion to close shall be adopted.
(c ) The vote shall then be conducted' on the nominees
by secret ballot and if no nominee secures a majority of votes
cast , the two nominees with the highest number of votes shall
be voted on by secret ballot .
(d) All votes on nominees shall be by secret ballot .
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(e ) Ido write-in votes shall be counted and any such
write-in votes shall be considered as a failure to vote .
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(f) In case of tie for the second highest vote , run-
off ballots on such tie nominees shall be cast to break the
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tie . The tie is broken when one tie nominee receives the
` highest number of votes cast on such ballot . When such tie
is brolcen, a vote shall be taken on the nominee who has the
highest vote: and the tie-breaking nominee .
(g) In case of a tie of more than .two (2) nominees for
the highest vote, a vote shall be taken on such tie nominees ,
eliminating all others
(h) All run-off or tie-breaking ballots are subject to
the same elimination rules as apply to the first ballot .
(i) Successive ballots shall be cast until a nominee
is elected.
(J ) A nominee shall- be elected at any time such nominee
has a majority of votes cast on any ballot in which all
nominees eligible for a final ballot are in competition.
(k) Each member 'shall be entitled to nominate one
nominee for each office . No member shall nominate himself.
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(1) A mayor pro tempore shall then be selected by the
same process as set forth in. .this section for the office of
mayor.
(m) The mayor and mayor pro tempore, following such
I proper election, shall serve for terms of one (1) ,year and
until such time as their_ successors have been elected and
r qualified and installed.
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j 1. 04 .15 Rights of Mayor. The Mayor has the right to make
motions ,.-second motions and vote on motions . The practice of
some deliberative bodies where the chairman does not vote except
to break a tie does not apply .to the City Council.
1.04. 16 Quorum. A quorum for all meetings of. the City
Council is four ) councilpersons .
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1.04 . 17. Ralph M. Brown Act . Any meeting, gathering or
I coming together of four ) or more councilpersons at which
city business is discussed is subject to the Brown Act . A
full discussion of the Brown Act and its rules and require-
ments is found at Appendix of this manual.
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1. 04. 18 Fines , penalties and franchises . In addition -�
to such other acts of the City Council as are required by the
`... Charter to be taken by ordinance, every act of the City
Council establishing a fine or other penalty, or granting a
franchise , shall be by ordinance. (Charter §512)
1. 04. 19 Other actions . Actions which are not required
by the city Charter or city ordinances to be in the form of
ordinances or resolutions may be effectuated by minute action.
1. 04. 20 When minute action is a resolution. In all sit-
uations, where an action of the City Council under the express
provisions of the city Charter or ordinances shall or may. be
by resolution, a "minute action" of the City Council adopted by
at least four ( 4) affirmative votes , shall be deemed a resolu-
tion for all purposes , and such .action shall not fail merely
because it lacks the form or title of a resolution.
1. 04. 21 Minute actions . Minute actions require the af-
firmative votes of a majority of councilpersons present and
voting, but not less than t1aree ( 3) , except when less than a
quorum is present, the lesser number may adjourn from time to
time.
1. 04 . 22 Motion to rescind . A motion to rescind a minute
action without advance notice requires five affirmative votes ;
with notice (in the formal Council agenda) . four affirmative votes .
1 . 04 . 23 Motion to reconsider. A motion to reconsider,
when appropriate under Roberts Rules of Order Revised, may be
made at the same meeting or no later than the next regular.
meeting of the City Council by a councilperson who voted on
the prevailing side of the motion to which it applies . The
vote required to adopt a motion to reconsider shall be a simple
majority of councilpersons present and voting except that such
motion shall require four (4) affirmative votes in order to
reconsider any motion which required four (4 ) affirmative votes
for adoption. A motion to reconsider may be made only once
with respect to any motion to which it applies ; however, a
motion to reconsider amain motion does not preclude the making
of a motion to reconsider the main motion as amended. A motion
to amend may be reconsidered. A motion to reconsider a motion
to reconsider is not permitted. The vote on the motion to re-
consider shall be taken at the time the motion to reconsider is
made except that the vote on a motion "to reconsider and enter
upon the minutes" shall be taken at the next regular meeting of
the City Council. The effect of the adoption of a motion to re-
consider is to vacate the vote taken on the motion to which it
applies. and to present the motion to which it applies to the
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body for action as if no vote had been taken on it . The new
vote on the motion to which it applies neither sustains nor over-
rules such motion because the old vote is vacated and the new
vote is taken as though no previous vote had been taken.
1.04 .24 Vote required on appellate matters . Where action
has been taken by a lower body that would be final if not ap-.
pealed, such as decisions by the Board of Zoning Adjustments or
the Planning Commission, and is subsequently appealed .to the
higher body, the-.following procedure applies :
(a) If. the motion is to sustain the lower body 's decision,
a. majority of -those present and voting is sufficient (four (4)
affirmative votes not required) . It is not necessary to make . a
motion to overrule . When there is a tie vote, the lower body
is sustained. However., if the motion to sustain gets less than
a tie vote , a motion to overrule must be made .
(b) If the motion is to overrule the decision of the lower
body , four ( 4.) affirmative votes are required. If there are less
than four (4) affirmative votes , the decision of the lower- body
is deemed sustained and no further vote is required.
(c) If a motion is made to modify the decision of the
lower body , -two separate steps must be taken:
(1) First, the motion to modify requires four (4)
affirma-tive. votes .
(2•) Second, if the motion to modify is adopted, a
motion to sustain the decision of the lower body as
I modified' requires. the 'same vote as the motion to sustain.
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(3) A motion to overrule the. decision of the lower
body , as modified, requires four ( 4) affirmative votes .
If there are . le.ss than four (4) ' affirmative votes , the de-
cision of the lower body, as modified, is .deemed sustained
without further vote.
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(4) If a motion to modify fails , the next motion
is either to sustain or to overrule the subordinate body.
1.04. 25 Appointments to boards and commissions. When a
vacancy occurs for any reason on any board or agency over which
Council has power .to fill ' by appointment., the following pro-
j cedure'-shall be followed to fill such 'vacancy:
(a) At .the first Council meeting following the notifica-
tion to the Council of such vacancy, public announcement shall
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be made of said vacancy and a request made for any interested
persons to submit a resume of their qualifications to the
Council prior to the next regular meeting of the Council.
(b) The Council shall, as soon as is reasonably pos
sible, fill any such vacancies but nothing herein shall be
construed to limit its choice to a person who has submitted
an application, as outlined above .
(c) Interviews of candidates for positions .on boards or
comissions shall be held in public at regular or adjourned
regular meetings of the City Council. A list of uniform ques-
tions developed by the .appropriate department will be asked of
each applicant to be interviewed. Applicants will be rated- on
a numerical scale which will be -made public .
Chapter 1 .05
ROLE OF THE CITY ADMINISTRATOR
1. 05 .01 Appointment and removal . The City Administrator
is the chief administrative officer in the city . He shall be
appointed by the affirmative vote of at least a majority of the
members of the City Council and shall serve at the pleasure of
the City Council. He shall not be removed from office during
or within any ninety (90) day period following any municipal
election when a councilperson is elected. He may be removed
only at a regular meeting by majority vote and thirty (30) days
prior to termination, he must be given notice of intent to re-
move and, if requested, the reasons therefor. Within seven (7)
days after receipt of such notice , the City Administrator may
request a public hearing before the City Council within the
thirty ( 30) day period before his removal . The City Council
may suspend him -but his compensation will continue until re-
moval. The City Council has.uncontrolled discretion regarding
such removal. (Charter §§600, 606)
1. 05.02 Compensation and residence . Although the City
Administrator need not .reside in Huntington Beach upon appoint-
ment , he must take up residence in the city within . ninety . (90)
days unless that period is extended by the City Council. The .
City Council shall set the salary of the :City Administrator by
ordinance or resolution and shall set the form and amount of
the corporate surety bond required of the City Administrator.
(Charter §§601, 603)
1 . 05. 03 Duties . The City Administrator shall be respon-
sible to the City Council for the proper administration of all
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affairs of the city . His duties include ; but are not limited to:
appointment , promotion, demotion, suspension and removal of all
employees. and department heads except where this function is
vested in the City Council. Appointment or removal of a depart-
ment head. requires City Council approval. The City Administrator
shall prepare and submit to the City Council the city budget, an
annual or more frequent report on city finances and. a report
on current administrative activities. He shall keep the City
Council informed of .the financial condition and future needs
of the city and make appropriate recommendations . He shall
establish a centralized purchasing system and prepare rules
and regulations regarding contracting, purchasing, and at-
t.endant �controls for City. Council approval and adoption by
ordinance . He shall supervise-.the enforcement of the law of
the state , city ordinances ; charter provisions , franchises'
and rights of the city . He shall, subject to policy estab-
lished by the City Council, exercise control over all adminis-
trative offices and departments , all appointive officers and
! employees not appointed directly by the City Council;: and pre-
scribe .general rules and regulations for the conduct of such
offices and departments. He shall perform such other duties
consistent with the city Charter as may be _required by -the
City .Council. (Charter §604)
1. 05. 04 Meetings . The City Administrator shall be ac-
corded a seat without a vote at all meetings of the- City
Council and. -all boards and commissions except where his re-
moval. is under consideration. (Charter §605)
1. 05. 05 Noninterference with administrative service .
Except for the -purpose of inquiry, no member of the City
Council shall deal with the ,administrative service 'unde.r the
control of the City Administrator except through the City
Administrator.
No member . of the City Council shall give orders 'to a
subordinate of the City Administrator either publicly or pri-
vately and except as otherwise provided in -the city Charter,
no member of the City Council shall order the appointment '.or
j removal of any person to any office or employment with the
city. (Charter §607)
1. 0 .06 Acting city administrator ., The City Administrator
may .appoint, subject to City Council approval, any officer or
department head to serve 'in his absence as acting city adminis-
trator. If he fails to do so, the City Council may make such
appointment . (Charter §608)
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Chapter 1 .06
ROLE OF THE CITY ATTORNEY
1.06. 01 Term. The City Attorney is the attorney for
the municipal corporation known as the City of Huntington
Beach. He shall be elected from the city at large, as pro-
vided by the city Charter, and shall serve for a term of
four .( 4) years and until his,successor qualifies . (Charter
§500)
1. 06 . 02 Powers and duties . The City Attorney 's duties
include, but are not limited to: representing and advising
the City Council in all matters, of law<pertaining to their
offices . He shall prosecute on behalf of the people all
criminal matters arising from violations of ordinance or
Charter provisions or state law misdemeanors within the city ' s
power to prosecute unless otherwise provided by the City
Council. He shall represent and appear for the city in all
actions or proceedings in which the city is concerned or is a
party, and shall appear on behalf of any present or former
city employees in any action,or proceeding arising out of
their employment or by _reason of _ their official . capacities .
He shall attend all regular meetings of the City Council
unless excused, and act as parliamentarian, and his decision
rendered with respect to parliamentary procedures, shall. be
final. He shall give his advice , or opinion orally or in
writing whenever requested to do so by the City Council or
any of the boards or officers of the city. He shall approve
as to form all contracts made by and all bonds and insurance
given to the city, and prepare all ordinances, resolutions
and amendments thereto. He shall devote such time to his
duties and at such place as the City Council directs by vote
of that body , and perform such legal functions and duties in-
cident to the exercise of the foregoing powers as may be nec-
essary. He shall surrender to his successor all files , books
and documents pertaining to city affairs . .
The City Council shall control all legal business, pro-
ceedings and all property of the legal department, and may
employ other attorneys to take charge of or contract for
prosecutions , litigation or other legal matters .. (Charter
§703)
1. 06..03 Requests for ordinances and resolutions . All
requests. of the City Attorney 's office by members of the City
Council for preparation. of ordinances and resolutions should
be by minute action of the Council.
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Chapter 1.07
ROLE OF THE CITY TREASURER
1.07. 01 Term. The City Treasurer is the custodian . of
public funds of the City of Huntington Beach. He shall be
elected from the city at large, as provided in the city Charter,
and shall serve for a term of four (4) years and until his
successor qualifies . (Charter 5500)
1. 07. 02 Powers and duties . The, City Treasurer shall
have the power and shall be required to receive `on behalf
of the city `all taxes, assessments ,- license fees -and other
revenues of the city, or for which the city is responsible .
He shall receive all taxes or other money receivable by the
city .from the county, state, Federal government or any court
or other department, office or agency of the city. He shall
have control of all funds coming into his hands and deposit
them in such depository as .the City Council designates by .
resolution or, if .none is fixed, as .the City Administrator
directs . The. City .Treasurer shall act in, compliance with
the state Constitution and law in handling, depositing and
securing the public funds .. He shall pay out proper orders
or warrants as provided .in the city Charter, prepare and
submit to the Finance Director monthly reports of all re-
ceipts , disbursements and fund balances with a copy to. the
d City Administrator. He shall perform such other duties con-
sistent with the city Charter as the City Council directs by
ordinance or resolution, and appoint such deputies at such
salaries as .the City Council may .prescribe by ordinance or
-resolution. (Charter §705)
Chapter 1 .08
ROLE OF THE CITY CLERK
1. 08.01 Term. The City_ Clerk J.s the official recorder
and keeper .of the records of the City of Huntington"Beach. He
shall be elected from the city at large as provided in the city
Charter, and shall serve for a term of four (4) years and until
his successor qualifie$ . (Charter §500)
1 . 08.02 Powers and duties . The Clerk's duties . include
but are not limited to: attending all meetings of the City
Council unless excused, and keeping a full and true record of
such proceedings . Recording and maintaining all ordinances,
resolutions , written contracts ,and' official bonds . Keeping all
books and records properly indexed and open to public inspection.
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The Clerk shall be the custodian of the city seal, and -ad-
minister oaths , affirmations , take affidavits and depositions
pertaining to city affairs and certify copies of official
records. The Clerk shall be ex officio assessor unless the
City Council by ordinance provides otherwise. The City Clerk
shall have charge of all city elections and shall canvass the
votes after all general or special municipal elections and re-
port the results to the City Council for certification.
(Resolution No. 2967, 21 April 69) The City Clerk shall is-
sue subpoenas on behalf of the city upon the request of an
authorized person with the approval of the City Attorney.
(Resolution No . 3393, 15 ,Nov 71) The City Clerk shall accept
and consent to deeds and grants of real property to the city
for public purposes . (Resolution No . 3537 , 7 Aug 72) . The
City Clerk may, with the consent of the City Council, appoint
such deputies at such salaries as the City Council may pre-
scribe by ordinance or resolution, and perform such other
duties , consistent with the city Charter as the City Council
may require by ordinance or resolution. (Charter §7014)
16.
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APPENDIX TO
COUNCIL MANUAL
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TABLE OFF CONTENTS TO
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APPENDIX TO COUNCIL MANUAL
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TITLE PAGE NO.
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Resolution No. 4311, Budget Control . 1
IMotion to Reconsider 5 .
Removal of Members of Boards and Commissions 7
4
Expiration of Terms of Members,of the Recreation and
Parks Commission 9
I City Attorney Opinion No . 73-42 10
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Parliamentary Procedure--Script for Mayor 12
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i Ralph M. Brown Act 15
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j City Reimbursement for Expenses of Councilperson's
�.r Spouse, Memo 39
j NIMLO Letter. Re City Reimbursement for Expenses of
Councilperson's Spouse 40
City Council/Department Head Retreat--Brown Act , 42
,
City Attorney. Opinion o. 76 40
Procedure for Handling Executive .Sessions of City
Council, _ Letter 48
Resolution No. 4283, C-onflict of Interest Code 50.
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RESOLUTION NO. 4311
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
i HUNTINGTON BEACH AMENDING RESOLUTION NO. _ 4309
ENTITLED, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION
NO. 3993 ENTITLED 'A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HUNTINGTON BEACH IN RE-
CARD .TO BUDGET CONTROL"'
1 WHEREAS, the purpose, of this resolution is to insure re-
sponsible fiscal control of unbudgeted items presented to the
! City Council in the form of ordinances , resolutions, minute
actions , appropriations , orders for the payment of money,. and
any. means whatever by which the Council is able to act , and
.where such action shall or may have an impact upon- the budget .
The basic assumption underlying this resolution is that informed
and intelligent action must be preceded by and based upon fiscal
data and information, and upon an understanding and appreciation
of the impact of such action upon .the budget . It, is recognized
that an integrated and orderly budgetary process requires a
budget in balance and that any action of the City Council that
shall or may disturb or affect such balance must be . preceded
by thorough study and analysis . Where unbudgeted expenditures
are authorized by the City ; Council, it is and shall be the
policy of .the city that adequate ;.provision must first be made
for the funding of such proposals through the budgetary process
to the end that the budget be and remain in balance.. It is a
policy of the City of Huntington Beach that the Council shall
not create a deficit in the city's budget by any action of the
Council. This statement constitutes the official policy of the
City of Huntington Beach. .
NOW,. THEREFORE, BE IT. RESOLVED by the City Council of the
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City of Huntington Beach as follows:
SECTION 1. ACTIONS TO UNBALANCE BUDGET PROHIBITED. The
City Council shall not take any action whether by adoption of
ordinance, resolution, minute action, appropriation, order for
the expenditure of money , or otherwise , which will result in
anticipated expenditures for the current fiscal year exceeding
the total of anticipated revenues for the current fiscal year
plus all other available funds .
SECTION 2 . FINANCIAL ANALYSIS REQUIRED.. The City
Administrator with the assistance of the staff shall prepare
and transmit to the City Council, together with any ordinance,
resolution, appropriation, request for order of expenditure of
money , or any other request for action which is not funded in
the current fiscal year's budget, a detailed financial, analysis
of the proposed action, giving the impact, both positive and
negative, upon the city's. budget . A cash flow .time. analysis
shall be included to. compare proposed cash outlay timing with
cash receipt schedule from the revenue source proposed. Such
analysis shall be 'contained in a report entitled, "Financial
Impact Report . "
SECTION 3. REVIEW OF FINANCIAL IMPACT REPORT BY CITY
COUNCIL REQUIRED FOR UNBUDGETED ITEMS. The City Council shall
not adopt any ordinance, resolution, appropriation, order for
payment of money , minute action or any other action, without
first reviewing the Financial Impact Report and without first
making adequate provision for the funding necessary to support
such action and to keep the budget in balance . The provisions
contained herein shall apply to unbudgeted items and to items
which cost more money than the amount budgeted for such items .
. SECTION 4. AMENDMENTS TO BUDGET. Whenever during the
fiscal year anticipated revenues fall below projections , the
Finance Director shall transmit to the City Council proposed
amendments in the city 's budget which will bring the budget into
2.
balance so that no deficit shall be created or maintained.
SECTION 5 . This resolution shall not apply to any proposed
unbudgeted expenditure less than Five Hundred Dollars ($500 )
unless such proposed expenditure may reasonably be expected to
result in other related or continuing expenditures . _
PASSED AND .ADOPTED_ by the City Council of the City of
Huntington Beach at an adjourned regular meeting thereof held
on the 23rd day of August, 1976.
ayor
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ATTEST: APPROVED AS TO FORM:
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City Clerk. City At o hey
i APPROVED AS. TO CONTENT AND
AS INITIATING-:DEPARTMENT:
j NO FISCAL IMPACT
• FISCAL ?v1PA'% T
City ffidministrator FISCAL NNIIPACT 11'-.J• 36;IJETED
REQUIRES.FINANCIAL IMPACT RE°ORT
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Res. No. 4311
STAIN; OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WEMVORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular adjourned meeting thereof held on the 23rd day
of August , 1976 , by the following vote:
AYES: Councilmen:
Bartlett, Pattinson, Siebert, Wieder
NOES: Councilmen:
None
ABSENT: Councilmen:
Coen, Gibbs, Shenkman
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
MOTION TO RECONSIDER
In "Roberts Rules of Order, Newly Revised" (the controlling
authority) , the motion to reconsider is classified as a mo-
tion "that brings the question again before the assembly,"
it being one of the four motions so. classified and. which
serve "the functions described by.the name of the class ."
(Section 6 , page 64., Roberts Rules of Order, Newly Revised)
All citations in this paper are to Roberts Rules of Order,
Newly. Revised, copyright 1970, unless otherwise stated.
The motion to reconsider is briefly described by function as .
follows :
"If, in the same session that a motion has been
voted, but no later than the same or the next
calendar day, new information or a changed sit-
uation makes it appear that a different result
might reflect the true will of the assembly, a
member who voted with the prevailing side can
propose to reconsider the vote; i.e. , he can
move that the questions shall come before the
assembly 'again as if -it' had not. previously been
considered. Emphasis .added. (Section , page 66)
The. motion to reconsider (as applied to a main -motion)- does not
bring a question again before the assembly by its introduction,
but by its adoption, which automatically causes the main ques-
tion to become pending. (See Section 63 page 66. )
The motion to reconsider can, with certain exceptions , be ap-
plied to a vote that was either affirmative or negative, within
a limited time after that vote, and it proposes no specific
change in a decision but simply ro 'o'ses. that the original
question be reopened. See Section 6, page 7. Thus , the mo-
tion to reconsider does not require the same or a greater vote
for its adoption than the vote which was previously cast on the
main motion and does not violate the principle of parliamentary
law that :
"To change what the assembly has adopted requires
something more (in the. way of a vote or previous
notice to the members) than was necessary to adopt
it in the first place." (See Section 6, page 64. ) .
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A main motion can be reconsidered (see Section 7(8) at page
69 ) . The motion to. reconsider requires only a majority vote,
regardless of the vote necessary to adopt the motion to be re-
considered. See Section 3 7 at page 270.
The effect of making a motion to reconsider is the suspension
of all action that depends on the result of the vote proposed
to be reconsidered either until the assembly takes up the mo-
tion to reconsider or until its effect terminates. When a
motion to reconsider is made and a resulting suspension of
action, it remains in effect until the motion to reconsider has
been voted on and if that motion is adopted until the recon-
sideration is completed (see Section 36, pages 270 and 271) .
The effect of the adoption of the motion to reconsider is
immediately to place before the assembly again the. question
on which the vote is to be reconsidered--in. the exact position
that it occupied the moment before it was . voted on on inall .
Emphasis added. See Section 36, page 27
6.
JAI �' CITY. OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON!EACH
To HONORABLE MAYOR WIEDER From DON P. BONFA
City Attorney
Subject Removal of Members of Boards Date July 16, 1916
and Commissions
You have asked whether or not City Council may remove members
of boards and commissions prior to the expiration of their .
terms .
Answer: . Yes
Discussion:
Charter. mandated boards and commissions , namely , the Planning
Commission ( §806 City Charter) ; Library Board ( §807 City
Charter) ; and Personnel Board (§808 City Charter) are governed
by §802 City .Charter which in relevant part provides that the
members of boards and commissions "shall be subject to removal
by motion of the City Council adopted by the affirmative votes
of the majority of the total. membership thereof. ". No .cause is
necessary.
The Recreation and Parks Commission is not charter mandated but
is created by ordinance . Removal of. members of the Recreation
and Parks Commission is governed by §2.64 . 070 of the Huntington
Beach Municipal Code which provides :
"The term or terms of office specified herein
shall not be deemed .arbitrary and should the
mayor, with the approval of the city council
determine that it would be for the best in-
terest of the department that a member be
retired, he may so order and appoint a suc-
cessor for the unexpired term of office of
such retired member. "
Therefore, in order to remove a member of the Recreation and Parks
Commission the Mayor must make a determination that "it would be
for the . best interest of the department" that the member be re-
tired, and then the Mayor may so order with the approval of the
City Council. After removal the Mayor may appoint a successor
for the unexpired term of office of such removed member. By
implication the Mayor' s appointment of a successor should be
with approval of the City Council .
' Generally, we know of no board, or commission or committee whose
members are appointed by the City Council, which is immune from
7.
City Councillb power of removal. The power to appoint normally
carries with it the concomitant power to remove . Inasmuch as
the Mayor' s question did not specify a particular board or
commission for analysis , we deem this brief opinion to be
sufficient in detail . However should a particular board or
commission, not named in this opinion, be the subject of inquiry,
we shall be pleased to address ourselves specifically to such
board or commission.
Respectfully submitted,
DON P. BONFA
City _Attorney
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%• '�' CITY OF HU4TINGTON BEACH
V)kv INTER-DEPARTMENT COMMUNICATION
IIUNIINWON BFAC" -
NORMAN WORTHY, Director DON P. BONFA
To Recreation and Parks Department From City Attorney
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Subject. Expiration of Terms of Date July 12 , 1976
Members of the Recreation
and Parks Commission
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You have asked whether or not the terms of the members
of the Recreation and Parks Commission continue until their
respective successors are appointed.
Answer: Yes .
Discussion:
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Section 802, under Article VIII, of the City Charter provides
with respect to boards or commissions that their terms shall
i continue "until -their respective successors are appointed
and qualified."
Roberts Rules of Order (Newly Revised Edition) , at page 417 ,
Section 49, provides, as a general principle , that members of
old committees continue their duties until their successors
are chosen.
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However, Huntington Beach Municipal Code Chapter 2 . 64 , which
j refers to the Recreation and Parks Commission, does not indicate
that the terms of members shall continue "until their respective '
successors are appointed. " In our opinion, the continuation of
1, terms until the successors are appointed is necessary to the
continuity of a standing board or commission and is by analogy
mandated. by Article VIII of the City Charter. Furthermore , in
the absence of an express declaration to the _contrary. in Chapter 2. 64
1 of the Huntington Beach Municipal Code, Roberts Rules of Order
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(Newly Revised Edition) prevails .
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DON P. BONFA
City Attorney
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OFFICE OF THE CITY ATTORNEY
OPINION NO. 73-42
May 21, 1973
SUBJECT: Provisions Applicable to Maintain Decorum
During City Council Meetings
TO: City Council
FROM: Don P.. Bonfa, City Attorney
John J. O' Connor, Deputy City Attorney
In view of the emotionally ,charged atmosphere of the City
Council meeting of March 19 , 1973 (discussion relative to
the cat ordinance) , Mr.. Rowlands has requested a legal
memorandum be directed to the City Council setting forth
available methods of retaining order during Council pro-
ceedings .
�.r
Where the activity interferes with the right of City Council
to carry on its public business in an orderly and dignified
manner, because of disruptive conduct by demonstrators, .
such as blocking of free passage .of the aisles and exits , .
yelling, booing, applauding or attempting to address the
Council without proper recognition, there are two provisions
of the Penal Code which may be applicable to retain decorum
in the Council chambers .
1 . Penal Code §415 makes it an offense to disturb the
peace and in an appropriate situation this section
may be invoked.
2 . Penal Code §403 provides :
"Every person who, without authority of law,
willfully disturbs or breaks up any assembly
or meeting, not unlawful in its character. . .
is guilty of .a misdemeanor."
3 . In addition to the foregoing provisions of -the Penal
Code, Section 54957 . 9 was recently added to the. .
Government Code .
Government Code §54957 . 9 reads :
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{ Office of the City Attorney May 21.2 1973
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;Opinion No. 73-4.2 Page Two M00
"In the event that .any meeting is willfully
interrupted by a group. or groups of persons
j .so as to render the orderly conduct of such
meeting. unfeasible and order cannot be restored
j by the removal of individuals who are will-
fully interrupting the meeting, the members
i of � the legislative body conducting the meet-
ing may order the meeting room cleared and
continue in session. Only. matters appearing
on the. agenda may be considered in such a
session. Duly accredited representatives
of the press or other news media, except .
those participating in the disturbance, shall
be allowed to attend any session held pursuant
to this section. Nothing in this section shall
i prohibit the legislative body from establishing.
a procedure for readmitting. an. individual or
individuals not responsible for willfully
disturbing the orderly conduct of the meeting. "
The existing provisions of the Penal . Code and Section
54957. 9 .of the Government Code ap
pear adequate to control
any disturbance of Council meetings . Some cities have
u a specific local ordinance regulating conduct at Council
meetings , and if Council desires a specific ordinance
regulating public conduct during Council meetings , this
office will be pleased to prepare same at the .direction
of Council .
Respectfully submitted,
DON P. BONFA, Cit Attorney
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V�1 J N J. O 'G`ONNOR, Deputy City. Attorney
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Parliamentary Procedure
Script for Mayor
A. ORDINANCES FOR ADOPTION
B. ORDINANCES/RESOLUTIONS FOR INTRODUCTION
A. ORDINANCES FOR ADOPTION
MAYOR: Next item on the agenda is -ordinances for
adoption. Does. any council member wish to con-
sider any ordinance separately?
COUNCILPERSON 1: Please withhold Ordinance No . 2091.
MAYOR: Very well. Madam Clerk, please read the rest
of the ordinances by title.
CLERK: (Reads the rest- of the ordinances by title. )
MAYOR: A motion is in order. to waive further reading
and adopt .
COUNCILPERSON .1: So moved.
COUNCILPERSON 2: Second.
MAYOR: Please vote . (After a pause to allow voting)
Madam Clerk, please record the vote.
CLERK: (After recording the vote} Seven ayes (must be
unanimous) .
MAYOR: (To councilperson who withheld Ordinance No.
2091) Your pleasure, Councilperson Jones , on
Ordinance No. 2091?
COUNCILPERSON 1: Ask for division of the question (or, ask for
split vote) .
MAYOR: Very well. Madam Clerk_, please read Ordinance
No. 2091 by title.
CLERK: (Reads Ordinance No . 2091 by title. )
MAYOR.: Thank you. A motion is. in order to waive further
12..
Script for;Mayor contd.
reading.
COUNCILPERSON 1: So moved.
COUNCILPERSON 2: Second.
MAYOR: Please vote. (After a pause to allow for voting)
Madam Clerk, please record the vote.
CLERK: (Records the vote.) Seven ayes. (.must be unanimous) .
MAYOR: A motion is in order to adopt Ordinance No. 2091.
COUNCILPERSON 1: So moved.
I COUNCILPERSON 2: Second.
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MAYOR: Please vote. (After a pause to .allow .for voting)
Madam Clerk, please record the .vote. .
CLERK: (Records the vote) Six ayes, one no.
I B. ORDINANCES FOR INTRODUCTION
MAYOR: Next item on the agenda is ordinances for intro-
duction. Does any council member :wish to con-
sider any ordinance separately? Hearing none,
Madam Clerk, please read the ordinances by title.
CLERK: (Reads by title. )
MAYOR: A 'motion is in order to waive further reading.
COUNCILPERSON 1: So moved.
iCOUNCILPERSON 2: Second.
MAYOR: Please vote.; (After a pause to allow for voting)
Madam .Clerk, please record the vote.
CLERK: _ (Records the vote) Seven ayes (must be unanimous) .
B. RESOLUTIONS FOR INTRODUCTION
MAYOR: A -motion is in order to waive further reading and
adopt.
COUNCILPERSON 1: So moved'.
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Script for Mayor contd.
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COUNCILPERSON 2: Second.
MAYOR: Please vote. (After a pause to allow for voting)
Madam Clerk, please record the vote.
CLERK: (Records the vote) Seven ayes (must be unanimous) .
If any councilperson wishes to vote against any resolution,
he should ask that the resolution in question be withheld, and
then the procedure is as follows :
MAYOR: Madam Clerk, please read Resolution No. 1111
by title.
CLERK: (Reads Resolution No . 1111 by title: ) .
MAYOR. A motion is now .in order to waive further reading
of Resolution No. 1111.
COUNCILPERSON 1: So moved.
COUNCILPERSON 2: Second.
MAYOR: Please vote. (After pause 'to allow for. voting)
1.101
Madam Clerk, please record the vote,
CLERK: (Records the .vote) Seven ayes (must be unanimous.) .
MAYOR: A motion is in order to adopt Resolution No. 1111.
COUNCILPERSON 1: So moved:
COUNCILPERSON. 2: Second.
MAYOR: Please vote. (After pause to allow for voting)
Madam Clerk, please record the vote.
CLERK: (Records the vote) Six ayes , one no.
END OF SCRIPT
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15 December 1975
TO: Members of the City Council
-City Administrator
FROM: City Attorney.
SUBJECT: Ralph M. Brown- Act
Transmitted .herewith is..a. paper dated August' 1975_,. on the
Ralph M. Brown Act--Open Public Meetings, from the League of
California Cities, containing:
1. An explanatory letter from Bi11 .Keiser, Legislative
Counsel and Don. Benninghoven, Executive Director of the League.
Note that the. Attorney General monograph published in 1972 (see
footnote on -page 2 . of the Keiser-Be'nninghoven letter) was mailed
to you by the City Attorney about two years ago.
2. The text of the Brown Act, California Government Code
Sections :5950 et seq. to which we have 'added the amendments
and additions which will go .into effect January 1. � 1976.
3. A very go.od. paper written by Frank Gillio; City Attorney
of Los Altos Hills and Millbrae .
The new provisions which go into effect. January. 1, -.1976 are sum-
marized as follows :
1. Section 54952.3 is :amended to, include in the definition
of "legislative body" any advisory commission, advisory com-
mittee or advisory body of :a local agency created by a member of
the governing body.
2. Section 54957 is. amended to narrow the.- Opersonnel" ex-
ception to the open meeting requirement by excluding, in effect, ,
from execWtive sessions and thus requiring an'.open meeting; for
the consideration of the "appointment, employment or :dismissal
of or to hear conplainte or. charges brought against". any pear)on
appointed to an office by the legislative- body ; .provid4d,' how-:
.ever, that nonelective positions of -city manager, city attorrnr-Y
or department heads shall be considered employee positions -
We .interpret.. this to mean that. open meetings are required in
cases of the ".appointment, employment or .dismissal or to hear
15.
Members of the, City Council 15 December VY(1)
and City Administrator Page 2
Ralph M. Brown' Act
complaints or charges brought against" (a) members of boards ,
commissions , committees , and (b) elective positions of council-
person, city attorney , city clerk and city treasurer. Of course,
the only authority the Council has with respect to elected of-
ficers -is to consider an appoi-ntment to fill a vacancy. I have
checked this interpretation with Carlyn Reed, Chief _Staff Attorney
for the League and she concurs . However, Mrs. Reed has promised
to check With William Keiser, Legislative Counsel of the League
and other staff attorneys at the League office and will communi-
cate with me .if our interpretation does not represent a consensus .
3. Secti.on. 54957. 1 is added to require that the city council
shall ".publicly report at: a subsequent public meeting any action
taken, and the roll call vote thereon, to appoint, employ, or dis-
miss a public employee arising out% bf any executive session of the
legislative body. "
It has always been valid to take action, including taking a vote,
in executive session and it has not been necessary to re ort the
action taken (including the .vote.) at. a publi.c .meeting. However_,
this will change on January 1, 1.9:76, when the action taken (in-
cluding the vote) in executive session must be .pubhicly reported
at a subsequent public meeting, in connection with the appoint-
ment , employment or dismissal of a, public employee With respect
to all other. matters , no public report must be made. This 'em-
phasizes the reason why:, as the City Attorney has frequently ad-.
vised .for years, executive minutes. :.shoul'd be. made of. actions
taken (including roll .call votes). in executive sessions .
4. $ection 54960 . 5 is added to permit a court to award
court costs and reasonable attorney- fees to the plaintiff in an
action to enforce the Brown Act and .that such costs and fees
shall be paid by the city . and not become .a personal liability of
any public officer or employee. This section also provides
that the court may award court costs and reasonable attorney .
fees to a defendant in any such action where the defendant .has
prevailed and the court ,finds. that the action was "clearly friv-
olous and totally lacking in merit . "
There is no easy shortcut to understanding the., Ralph M'. Brown
Act . It is :very vague .-and ambiguous.in some of• its sections.