Department of the City Attorney’s Office
Reference: Approval of Two Resolutions 1) City Council Rules and 2) Mobile Computing Device Policy
To: Mayor Gregory Mills and Members of City Council
Through: Michael Martinez, City Manager
Prepared By: Alicia Calderón, City Attorney
Date Prepared: March 16, 2022
PURPOSE
The City Attorney presented to City Council at study sessions on February 2, 2022 and January 25, 2022, and this agenda item is to present a Resolution to adopt updates to City Council Rules. Additionally, the City Council will be asked to approve a Resolution to approve an updated Mobile Computing Device Policy.
STRATEGIC FOCUS AREA
Innovative, Data-Driven, Results-Focused City Government
BACKGROUND
On January 25, 2022, the City Council reviewed the overall outline of City Council rules. The goal for this update of the Rules is to simplify and clarify language and to have the rules reflect what is done in practice. The Council meeting procedure section has been updated to allow more flexibility in the agenda.
The Telephone Participation Policy and the Use of Mobile Computing Device Policy, Resolution #2013-65 and Resolution #2013-66, were reviewed with City Council. The telephone participation policy has been updated and incorporated into the Rules, and the Mobile Computing Device Policy has been updated and will need to be adopted by resolution. Portions of the Mobile Computing Device Policy that address use of the devices at council meetings have been added to the Rules.
The procedures for public hearings included a process that is no longer used, requiring public comment to be divided into those for or against the matter being presented. This has been removed to simply allow any member of the public to ask questions and then to make comments. No change is made to the five minutes allowed per speaker.
Updates are made to the council dais and city facilities section to reflect actual practice. The portion of the Charter addressing quorum and when an absence may be deemed a vacancy has been added to the rules for ease of reference. In addition, a definition for when an absence may be excused has been added.
Finally, in Rule 6 on Duties and Privileges of Council Members, two rules have been added. The first to prohibit being under the influence such that a council member is unable to perform their duties with decorum and civility and the second to prohibit sexual harassment and discrimination.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
N/A
FINANCIAL IMPACT
N/A
STAFF RECOMMENDATION
N/A
OPTIONS FOR COUNCIL CONSIDERATION
Ø Council may adopt the Resolution to approve the updated City Council Rules as presented.
Ø Council may adopt the Resolution to approve the Mobile Computing Device Policy as presented.
Ø Council may reject either or both Resolutions.
Ø Council may suggest further modifications to either the Rules or the Policy for adoption at a later date.
ATTACHMENTS
1. Resolution Approving City Council Rules
2. EXHIBIT A 2022 City Council Rules
3. Resolution Approving the Mobile Computing Device Policy
4. EXHIBIT A Mobile Computing Device Policy
5. Redline of City Council Rules
6. Redline of the Mobile Computing Device Policy