Westminster City Council
SUBJECT
Title
Consider the Implementation of a Policy to Limit the Amount of Time Each Council Member has for Discussion of an Agenda Item.
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From: Christine Cordon, City Manager
Requested by: Mayor Chi Charlie Nguyen
Prepared by*: Ashton R. Arocho, City Clerk
*Staff reports prepared by staff on behalf of members of the City Council do not reflect the opinions of staff and are generated in collaboration with the requesting council member(s).
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RECOMMENDED ACTION
Recommendation
Consider the request and provide direction regarding the implementing of a process to limit the amount of time each council member has for discussion of an agenda item.
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BACKGROUND
Mayor Nguyen requested an item to be placed on the agenda to discuss and creating a process to help provide a reasonable limit on the amount of time each council member has to discuss an agenda item, and to otherwise help bring order to meetings.
Process for Making Comments
Currently, each council member is given an opportunity to speak on an agenda item in order to ask questions or make comments, but there is currently no direction on how much time should be allowed. This has led to some lengthy discussions, and some disorderly disputes. In an effort to provide better order and help ensure an equal opportunity for each council member to address each item, the time to speak on each agenda item is being proposed to have a time limitation, but with the opportunity for additional discussion where a consensus deems it appropriate.
The proposed process would be as follows. Initially, the mayor shall provide each council member with up to five minutes to speak. During the five minutes other council members shall not interrupt, except the Chair or as allowed under Roberts Rules. At the end of a council member’s five minutes, they shall defer to the next person, and shall not interrupt. At the end of the first round, after each council member has been given an opportunity to speak, if any council member desires to make further comments a second round of up to five minutes per council member shall be provided. At the conclusion of the second round, no additional discussion shall be required unless a consensus of the Council expresses a desire to continue. If there is any dispute, a vote should be immediately taken whether to continue discussion or not.
In order to protect due process rights, this rule shall not apply to public hearings.
Disruption of Meetings
California Government Code section 36513 states that “The council may establish rules for the conduct of its proceedings. It may punish a member or other person for disorderly behavior at a meeting.” Westminster Municipal Code section 2.04.060 (Meetings - Decorum Required) further provides that “… [Any] person who persistently interrupts the proceedings of the council or refuses to be seated or keep quiet when ordered to do so by the presiding officer, shall be guilty of a misdemeanor.”
The following rule is adopted pursuant to both of these sections above, in an effort to help bring greater order to council meetings. If a member of the city council does not adhere to this policy and/or otherwise willfully disrupts a meeting, a warning will be issued affirmatively stating that they are violating the City’s rules of conduct and are disrupting the meeting. They will be warned to stop, and that if they continue, they may be removed from the meeting. If the disruptive conduct continues a second warning will be given, and, if necessary, a third warning shall be made. After the third warning the mayor shall take a 5-minute recess for the purpose of trying to get the offending councilmember to adhere to the rules and defer to the mayor’s governance of the meeting. Once the meeting reconvenes, if the disruption of the meeting continues the removal of the council member may be enforced, at the discretion of the mayor.
FISCAL IMPACT
There is no fiscal impact for this item.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
If the City Council chooses to implement this process, it shall be adopted by minute order and later incorporated with the Council policy manual.
ATTACHMENTS
None.
REVIEWED BY
Erin Backs, Finance Director
Christian Bettenhausen, City Attorney
Christine Cordon, City Manager