A. At the
second regular meeting in November in non-election years and at the
meeting at which new council members are installed during election
years, the city council shall determine the order of the line of succession
following the criteria in this section.
B. Prior
to the appointment of the new mayor and mayor pro tem, council members
shall each be designated/identified by the length of time they have
had of continuous service on the city council without having served
as mayor.
1. The
council member with the longest continuous service on the city council
without having served as mayor shall be appointed mayor.
2. The
council member with the second longest continuous service on the city
council without having served as mayor shall be appointed mayor pro
tem.
3. If
two or more council members qualify equally for the mayor appointment
the council member who received the most popular votes in his or her
most recent municipal election shall be appointed mayor, and the member
with the second highest vote total shall be designated mayor pro tem.
If two or more council members qualify equally for the mayor pro tem
appointment the council member who received the most popular votes
in his or her most recent municipal election shall be appointed mayor
pro tem.
C. If any
council member who is sitting as mayor dies, resigns or otherwise
vacates his mayoral position, or if any council member who is about
to be appointed mayor dies, resigns or announces that he or she would
prefer to continue service on the city council without holding the
office of mayor, the members of the city council may, by majority
vote, fill the vacancy by electing any council member to fill said
unexpired term or full term, whichever is applicable; such election
shall be without prejudice to said person serving a full term as mayor
when his or her regular turn under these criteria occurs. If no person
receives a majority vote, the position of mayor shall be filled by
the mayor pro tem, who shall also serve without prejudice to serving
a full term as mayor when his or her regular turn under these criteria
occurs.
D. No person
temporarily appointed to fill a vacancy on the city council shall
serve as mayor or mayor pro tem during such appointment unless there
is no available alternative. If the no-available-alternative circumstance
should arise, the appointed person(s) having served the longest (in
terms of months, weeks, days and hours) in such temporary capacity
shall serve as required.
E. No person
elected to the city council shall be given credit in determining his
or her order in the line of mayoral or mayor pro tem succession for
prior city council service not continuous with his or her current
council service.
F. If the
office of the mayor pro tem should become vacant for any reason, the
office shall remain vacant for the remainder of the term.
(Ord. 888 § 2, 2004; Ord. 1203 § 2, 2023)
A. The
city council shall hold regular meetings at the City Hall, located
at 69-825 Highway 111, Rancho Mirage, or at such other place as the
city council may designate from time to time, on the first and third
Thursdays of each month commencing at one p.m.
B. If at
any time a regularly scheduled meeting falls on a legal holiday, such
regularly scheduled meeting shall be scheduled on the next succeeding
business day at the same time and place.
C. The city council may set study session(s) in the same manner as the setting of special meetings pursuant to Section
2.02.020.
(Ord. 154 § 1, 1978; Ord. 161 § 1, 1978; Ord. 208 § 1, 1980; Ord. 235 § 1, 1981; Ord.
272 § 1, 1983; Ord. 290 § 1, 1984; Ord. 486 § 1,
1990; Ord. 560 § 1, 1993; Ord. 627 § 1, 1995; Ord. 666 § 1, 1997)
Special meetings may be called by the mayor or a majority of
the council members upon twenty-four hours' notice, as provided for
in Section 54956 of the
Government Code. Only matters contained in
the notice of the special meeting may be considered at such special
meeting.
(Ord. 154 § 1, 1978)
Three members of the city council shall constitute a quorum
for the transaction of business.
Motions may be passed by a majority if only three attend, but
ordinances, resolutions granting franchises and payment of money require
at least three affirmative votes. Less than a quorum may adjourn from
time to time. Where there is no quorum, the mayor, mayor pro tem,
or any member of the city council shall adjourn such meeting, or if
no member of the council is present, the city clerk shall adjourn
the meeting.
For the purpose of considering any item subject to vote of the
city council, when a member of the council disqualifies himself or
herself due to conflict of interest, his presence shall not be considered
in determining the presence of a quorum. If the disqualification reduces
those in attendance to less than a quorum, consideration on such items
shall be deferred until a quorum of non-interested council members
is present to discuss and vote on them.
(Ord. 154 § 1, 1978; Ord. 804 § 1, 2002)
Study sessions and all regular adjourned or special meetings
of the council shall be open to the public; provided, however, that
the council may hold closed sessions from which the public may be
excluded for the consideration of attorney-client matters and matters
authorized by state law.
(Ord. 154 § 1, 1978; Ord. 537 § 1, 1992; Ord. 588 § 1, 1994)
The order of business of each meeting shall be contained in
the agenda prepared by the city manager. Any matter may be placed
on the agenda for any meeting of the city council by the mayor, by
any other member of the city council, by the city manager, city attorney,
or by the city clerk. At least seventy-two hours before a regular
meeting, the city council, or its designee, shall post an agenda containing
a brief general description of each item of business to be transacted
or discussed at the meeting, including items to be discussed in closed
session. The agenda shall specify the time and location of the regular
meeting and shall be posted in a location that is freely accessible
to members of the public.
Matters that are not on the agenda can be raised by individual
members of the city council for limited discussion, but action cannot
be taken on such items unless they qualify as emergency situations,
or as urgent matters as set forth in
Government Code Section 54954.2(b),
or otherwise qualify under that section.
No matter may be placed on the agenda for reconsideration unless such matter qualifies under the terms of Section
2.02.120.
(Ord. 154 § 1, 1978; Ord. 158 § 1, 1978; Ord. 628 § 1, 1995; Ord. 804 § 2, 2002)
Before proceeding with the business of the council, the city
clerk shall call the roll of the council members and the names of
those present shall be entered in the minutes. The order of roll call
shall be by districts, except that the mayor shall be called last.
(Ord. 154 § 1, 1978)
A. The
mayor shall be the presiding officer at meetings of the council. In
the absence of the mayor, the mayor pro tem shall preside. In the
absence of both the mayor and mayor pro tem, the council shall elect
a temporary presiding officer to serve until the arrival of the mayor
or mayor pro tem, or until adjournment.
B. The
mayor shall be the official head of the city for all ceremonial purposes,
and he shall perform all duties imposed upon him or her by the laws
of the state or by ordinances of the city.
(Ord. 154 § 1, 1978; Ord. 605 § 1, 1994; Ord. 711 § 1, 1999; Ord. 888 § 1, 2004)
The presiding officer shall preserve order at all meetings,
have the power to reasonably limit the time of any citizen speaking
from the floor, state questions coming before the city council, and
announce decisions on all subjects. The presiding officer may vote
on all matters and may make or second motions.
The presiding officer shall determine all points of order, subject
to the right of any member to appeal to the council. If an appeal
is taken, the question shall be, Shall the decision of the presiding
officer be sustained? A majority vote shall govern and conclusively
determine such question of order.
(Ord. 154 § 1, 1978; Ord. 804 § 3, 2002)
A. Any
council member desiring to speak shall address the chair and, upon
recognition by the presiding officer, shall confine himself or herself
to the question under debate.
B. A council
member, once recognized, shall not be interrupted while speaking unless
called to order by the presiding officer, unless a point of order
is raised by another council member, or unless the speaker chooses
to yield to questions from another council member.
C. Any
council member called to order while he is speaking shall cease speaking
immediately until the question of order is determined. If ruled to
be in order, he shall be permitted to proceed. If ruled to be out
of order, he shall remain silent or shall alter his remarks so as
to comply with the rules of the council.
D. Council
members shall accord the utmost courtesy to each other, to the city
employees, and to the public appearing before the council, and shall
refrain at all times from rude and derogatory remarks, reflections
as to integrity, abusive comments and statements as to motives and
personalities.
(Ord. 154 § 1, 1978)
Members of the administrative staff and employees and the public
attending council meetings shall observe the same rules of order and
decorum applicable to the council. Any person making impertinent or
slanderous remarks or who becomes boisterous while addressing the
council or while attending the council meeting shall be declared to
be out of order. Unauthorized remarks from the audience, stamping
of feet, whistles, yells or similar demonstrations shall not be permitted
by the presiding officer.
(Ord. 154 § 1, 1978)
Unless a member of the council audibly votes in the negative
or disqualifies himself or herself, or expressly declines to vote,
his silence shall be recorded as an affirmative vote.
(Ord. 154 § 1, 1978)
A. The
city council shall not reconsider or rehear any matter which has been
previously acted on any more often than two additional times during
any twelve-calendar-month period. The twelve calendar months shall
begin on the date of the council meeting at which action was first
taken.
B. Council
action, for purposes of this section, shall not include a tie vote,
a vote to continue a matter, a vote to table a matter, the mayor determining
to table a matter, adoption or amendment to the city budget, or a
vote on any matter that the city council is required by law to act
on.
(Ord. 628 § 2, 1995)
A person appointed by the city council to fill a vacancy on
the city council shall hold office only until the first Tuesday after
the earliest date provided by law upon which a regular or special
election can be held for city council members and at which a successor
is elected for the remainder of the unexpired term.
(Ord. 170 § 1, 1979)
The business of the city council shall be taken up for consideration
and/or disposition in the order determined by the city council. The
presiding officer or a majority of the city council may change the
order of business at any time during the meeting; however, business
will be considered in the order set forth in the published agenda,
unless modified pursuant to this section.
(Ord. 804 § 4, 2002)
At an hour set by the council for its regular meetings, each
member of the city council, the city manager, city clerk, city attorney
and such department heads or others as have been requested to be present
shall take their regular stations in the council chambers.
Except as otherwise provided in this chapter, The New Roberts
Rules of Order, 10th Edition (2000) (and hereafter by the most recently
revised edition of Roberts Rules of Order), shall be used as a guide
to the conduct of the meetings of the city council; provided, however,
that the failure of the city council to conform to Roberts Rules of
Order shall not, in any instance, be deemed to invalidate action taken
by the city council. The city council, in accordance with its right
to govern its own proceedings, reserves the right to proceed at any
time otherwise than as prescribed or indicated in Roberts Rules of
Order.
(Ord. 804 § 5, 2002)
The right of a council member to address the city council on
a question of personal privilege shall be limited to cases in which
his integrity, character, or motives is questioned or where the welfare
of the council is concerned. A council member raising a point of personal
privilege may interrupt another council member who has the floor only
if the presiding officer recognizes the privilege.
(Ord. 804 § 6, 2002)
Members of the city council shall have the right of free and
full debate or discussion of any issue properly before the council
and such right may not be curtailed except upon the vote of two-thirds
of the members present. The council member moving the adoption of
an ordinance, resolution, or motion shall have the privilege of closing
debate, subject to a city council majority ruling that debate should
continue.
(Ord. 804 § 7, 2002)
A council member may request through the presiding officer the
privilege of having an abstract of his statement on any subject under
consideration by the city council entered in the minutes. If there
is no objection, or if the council consents by majority vote, such
statement shall be entered in the minutes.
(Ord. 804 § 8, 2002)
Tie votes shall be lost motions or no action and the matter
voted upon may be subject to further city council consideration as
though the matter had never been previously considered.
(Ord. 804 § 9, 2002)
Every member of the council desiring to question any member
of the city's staff during the council meeting shall, after recognition
by the presiding officer, address his questions to such staff members.
If the council member wishes to address questions to the city manager,
city clerk, or city attorney, such staff members shall be entitled
to answer the inquiry or to designate another staff member for that
purpose.
(Ord. 804 § 10, 2002)
All regular and adjourned regular meetings of the City Council
shall be recorded in an audio or video format and all such recordings
shall be retained by the City for a period of at least twenty-five
years.
(Ord. 946 § 1, 2006)
The city council, or its designee, may issue a subpoena pursuant
to Section 37104 et seq. of the California
Government Code requiring
attendance of witnesses or production of books or other documents
for evidence or testimony in any action or proceeding pending before
it, so long as it serves any valid purpose within the jurisdiction
of the city council.
(Ord. 958 § 1, 2007)