A.
There
shall be two regular meetings of the city council during each calendar
month, and such meetings shall be held on the second and fourth Wednesdays
of the month. A closed session under the provisions of the Brown Act
shall be held when necessary at a time specific either before or after
the regular session, and the regular session shall commence at six
p.m. on said days; provided, however, that if the date of any such
regular meeting falls on a holiday, the meeting shall be held on the
next succeeding day which is not a holiday.
B.
Except
by majority vote of the city council, the city council shall conclude
meetings by ten p.m. The determination of whether to continue the
meeting or adjourn the meeting shall be made at the conclusion of
the item of council business nearest to ten p.m. In the event there
is unfinished business on the agenda, the council may continue any
remaining items of unfinished business to the next regular meeting
of the city council, or to a special meeting or adjourned meeting
at the option of the city council.
(Ord. 2577 § 1, 2021; Ord. 2596 § 1, 2023)
All meetings of the city council shall be held in the council
chambers in the civic center of the city of Westminster, unless it
is determined by a majority of the city council that it is in the
best interest of the city to hold a meeting elsewhere within the city,
in which event notice of such change of meeting place shall be given
in the same manner as is required for calling a special meeting of
the council.
(Prior code § 2201)
The order of business to be followed in conducting regular meetings
of the city council shall be as established by resolution of the city
council.
(Prior code § 2202)
A.
Oral
communications from any person other than a city council member shall
be limited to matters that are germane to city business. At the discretion
of the presiding officer, any matter may be referred to a city department
when in the presiding officer's opinion such matter could be more
expeditiously handled by the appropriate city department. In order
to ensure that those present wishing to address the city council may
be given an equal opportunity to be heard, oral communications shall
be limited to three minutes per person per section of oral communications;
however, by majority vote of the city council, this time limitation
may be extended or reduced.
B.
Oral
communications from any person other than a city council member shall
not be received until the time for oral communications in the order
of business.
(Ord. 2438 § 1, 2009; Ord. 2599 § 1, 2023; Ord. 2605 § 1, 2023)
Following each council meeting, the city clerk may send or hand
a type-written copy of the minutes thereof to each member of the city
council at their respective residences. Thereafter, the reading of
such minutes by the city clerk at the following meeting shall be dispensed
with and the council may make corrections or additions at such meetings.
(Prior code § 2204; Ord. 1853 § 5, 1978)
Any person in the audience who, while in attendance at any council
meeting, uses profane language or language tending to bring the council
or any of its members, or any official of the city into contempt,
or 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.
(Prior code § 2205)
In all matters and things not otherwise provided for herein,
the proceedings of the council shall be governed by "Robert's Rules
of Order, Revised Edition." However, no ordinance, resolution, proceedings
or other actions of the city council shall be invalidated, or the
legality thereof otherwise affected by the failure or omission to
observe or follow said rules.
(Prior code § 2206)
When the city council conducts a study session, such session
shall not be televised or videotaped, but shall be otherwise held
in accordance with the law, including, but not limited to, the provisions
of the Brown Act. A study session shall be a meeting of the city council
wherein the city council takes no action regarding the items on the
agenda for that session, provided however that the city council may
take action at a study session on any item on the agenda which the
city council determines is an emergency situation. An emergency situation
shall be a set of circumstances which require immediate action and
which cannot be delayed for either a special or regular meeting of
the city council.
(Ord. 2319 § 1, 2001)
Pursuant to California Government Code Section 36516 and this
section of the Westminster Municipal Code, the city council of the
city of Westminster hereby establishes council member compensation
in the amount of nine hundred fifty-five dollars and fifty cents per
month for the office of mayor and eight hundred fifty dollars and
fifty cents per month for council members, effective upon the commencement
of a new term of office by the mayor and by any council member.
(Prior code § 2207; Ord. 1853 § 6, 1978; Ord. 1932 § 1, 1981; Ord. 2118 § 1, 1989 Ord.
2425 § 1, 2008)
At the second meeting in November of each year or when the vote
has been certified, the city council shall select from its members
a vice mayor to serve for a period of one year.
(Prior code § 2208; Ord. 1898 § 1, 1980; Ord. 1993 § 1, 1984; Ord. 2000 § 1, 1984; Ord. 2058 § 1, 1987; Ord. 2539 § 1, 2017)
The general municipal election for all elected city officers
shall be consolidated with the statewide general election on the first
Tuesday after the first Monday of November in each even-numbered year.
There shall be an elected mayor, who shall serve a four-year term.
There shall be four elected councilmembers, who shall each serve a
four-year term.
(Ord. 2362 § 4, 2003; Ord. 2554 § 1, 2018)
The election or appointment of a commissioner or employee of
the city as a member of the city council shall constitute the immediate
removal of such commissioner or employee from any commission(s) on
which he or she is then serving.
(Ord. 2362 § 5, 2003)
The city council may delegate, whether by ordinance, resolution,
or other formal action of the council, the authority to execute written
contracts, conveyances, instruments and other documents made or entered
into by the city. This section is executed pursuant to California
Government Code Section 40602.
(Ord. 2482 § 1, 2011)
A.
City
Council. The four elected council members shall be elected by district
at the times and in the manner provided in this chapter, in a sequence
to be determined by ordinance.
B.
Residency
in Districts. Each member of the city council, except the directly
elected mayor, must be a resident of the council district from which
the member is nominated at the time the member is nominated, elected,
and throughout that member's term of office. In the event any member
of the city council ceases to be a resident of the district from which
the member (or, in the case of an appointee, a predecessor) was nominated,
the office shall immediately become vacant and shall be filled in
the same manner as herein provided for other vacancies. If a member
of the city council ceases to be a resident of the district from which
the member (or, in the case of an appointee, a predecessor) was nominated
solely because of a change in the boundaries as provided herein, the
member shall not lose office during that term by reason of such change.
C.
Council
Districts. The city is hereby divided into four districts, as set
forth herein. Candidates for council seats in each district shall
be nominated and elected only by the voters of that district and shall
reside in that district.
D.
District
Boundaries. The boundaries of the council member districts of the
city shall be established in the manner required by Government Code
Section 34877.5 and California Elections Code Section 10010.
E.
Changes
in Boundaries. The boundaries of said city council districts, but
not the number thereof, may be changed by ordinance adopted by the
city council by three-fifths vote of all its members; provided that
districts established by the city council shall be as nearly equal
in population and as geographically compact as possible. Boundaries
shall be adjusted by the city council before the first day of November
of the year following the year in which each decennial federal census
is taken by three-fifths vote of the total membership of the city
council, and as provided in Elections Code Sections 21601, 21602 and
21607. However, the city council shall not change the boundaries of
districts more than once in any two-year period and no such change
shall be made within the period of one hundred eighty days preceding
a general municipal election. The preceding limitations shall not
apply to changes made necessary by changes to city boundaries, as
provided in Elections Code Section 21603. After city council has exercised
its power to change the boundaries of districts, these changes shall
immediately be reflected in the district boundaries specified by ordinance
adopted by city council.
F.
Current
Officeholders. The mayor and four members of the city council in office
at the time this section takes effect shall continue in office until
their terms expire.
(Ord. 2562 § 3, 2019)
A.
No person
shall be eligible to serve in the office of city council member or
mayor, in any combination, for more than three four-year terms following
the adoption of this measure, commencing with those elected in the
November 3, 2020 election.
B.
Notwithstanding
the foregoing and for the purpose of term limitation, any person who
is appointed by the city council or elected to fill a vacant office
of a city council member or mayor for an unexpired term of more than
one-half the original term shall be deemed to have served a full term.
(Ord. 2570 § 1, 2020)
A.
Westminster
is a general law city governed by the council-manager form of government.
The mayor and city council make policies and fundamental governmental
decisions for the city ("council members"). The city council make
decisions with advisory assistance from the members of the city's
subservient bodies, boards, commissions, and committees. For purposes
of this section the council members, together with the members of
these subservient bodies, boards, commissions, and committees, are
hereinafter collectively referred to as "public officials."
The city manager is charged with implementing the policies and
decisions of the city council, and with administering the day-to-day
affairs of the city with the assistance of his or her staff. The city
council has direct authority over the city manager and the city attorney.
All other employees of the city ("city staff" or "staff") are under
the direct authority of the city manager. In seeking to carry out
the city council's vision, it is the city manager's role to help protect
city employees from outside influences, and to keep them focused on
performing their duties in a professional and timely manner. This
potentially includes protecting them from improper influences or interruptions
from public officials. Although to some degree there is a need for
partnership and collaboration between public officials and city staff,
the following policies are adopted to help protect the proper implementation
of council-manager form of government, to establish appropriate boundaries
and expectations, and to help maintain positive and effective working
relationships between public officials and city staff.
B.
Policy
and Rules. To help enhance a proper working relationship, public officials
shall abide by the following policies and rules when interacting with
city staff. Following each policy is a set of rules that give specific
application to the policy. In italics following each rule is an explanation
of the rule and guidance for interpreting and applying the rule.
1.
Policy
One. Public officials shall deal with city staff solely through the
city manager or his or her designee.
a.
Public officials should not get involved in administrative functions.
To prevent raising concerns of misdeeds, or questionable motives,
public officials must not attempt to influence city staff on the making
of appointments, awarding of contracts, selection of consultants,
processing of development applications, or granting of city licenses
and permits.
b.
Public officials shall not direct, order, or make demands on any
city employee, other than simple inquiries that can be answered routinely
and without research and support. All requests for information shall
be made in accordance with protocols established by the city manager.
City staff is organized in a hierarchical structure, and all
employees work under the direction and control of several layers of
management culminating with the city manager. The municipal code states
that individual public officials are not part of that management structure
and have no authority to direct staff members outside of official
action taken by the city council as a whole. When a public official
attempts to give staff direction, staff is put in an awkward position
and the management structure is undermined. In some cases, such actions
have the potential to create liability for the city.
c.
Public officials are not authorized to give work assignments to staff,
except that public officials may seek the assistance of individual
staff members who have been specifically designated by the city manager
to provide such support.
City staff members are instructed not to take directions or
work assignments from individual public officials, and to report any
such attempts to their department director or to the city manager.
A public official may ask a routine question of staff, but beyond
that, concerns about work assignment should be addressed to the city
manager or his or her designee.
d.
Public officials shall not attempt to reorganize city staff's priorities,
or otherwise influence the manner by which city staff perform their
assigned functions or duties.
City staff are directed in their everyday tasks by their immediate
supervisor in accordance with approved work plans. Interference with
a city staff's work routine, priorities or decision-making processes
by a public official creates confusion and stress and places the staff
member in the difficult position of either disregarding his or her
assigned work or appearing to disrespect the public official's wishes.
All requests for work or research should be directed to the city manager,
or his or her designee. From time to time a public official may believe
that a problem must be looked into immediately and is tempted to direct
city staff to drop everything and focus on that problem. In those
situations, it is important for the public officials to only communicate
their concerns to the city manager or his or her designee.
e.
Public Officials shall treat all staff as professionals.
City staff are professionals who have been selected for their
jobs based on a process which takes into account their education,
experience and demonstrated abilities for their position. in most
instances city staff has substantially more experience and expertise
than the public officials with respect to their job duties. So, it
is important to give staff room to utilize their skills freely, and
in a manner that is not hindered by outside influences. All interactions
from public officials to city staff should involve clear, honest communication
that respects the skills, expertise, experience, and dignity of each
staff member. Poor behavior towards staff is not acceptable. This
includes behavior toward staff that seeks to intimidate or undermine
staff's independent decision making in performing their job duties.
f.
Public official's communications with city staff should be limited
to normal city business hours, unless the city manager has expressly
authorized it or unique circumstances warrant it. Responses to city
council questions posed outside of normal business hours should be
expected no earlier than the next business day.
Except in extraordinary circumstances, as a general rule it's
important to let city staff to only have to work during normal working
hours for their position. Public officials shall also understand that
the ability to obtain timely answers to questions may be affected
by staffing shortages, or by other city business that takes priority.
Public official-initiated questions will only be answered as staff
is reasonably available to give attention to the matter, without unduly
distracting them from the duties of their position. Normal day-to-day
city business duties, including the processing of project applications
in a timely manner, shall take priority over a public official's inquiry,
unless a majority of the city council or the city manager specifically
direct otherwise.
g.
Public officials shall not attend meetings between city staff and
private parties and developers, unless specifically requested by staff.
Although public officials often feel their attendance at meetings
between staff and developers will be helpful, their presence can place
undue influence on the staff members. Even if the public official
does not say anything, their presence can impact the meeting by implying
support, showing partiality, intimidating staff, and/or hampering
city staff's ability to do their job objectively and in the best interests
of the city.
h.
Members should not ask staff to deviate from established policies
and procedures. It is staff's responsibility to report any such requests
directly to the city manager.
i.
Public officials need to understand that legal restrictions may limit
certain requests for information, such as the ability to disclose
information concerning a personnel matter, labor negotiations or project
negotiations.
j.
Public officials shall not make promises to individual staff members
about receiving a promotion, raises or other benefits, nor shall they
retaliate, or threaten retaliation, against city staff members as
a result of disagreements over policy matters or for other reasons.
It is critical to the success of the city that its staff members
are promoted based on the performance of their job duties, and not
upon relationships they may have established with a public official
or upon their support of policies or positions taken by a public official.
It is also important that city staff enjoy a workplace free
of the fear of retaliation. The city takes great pride in its creativity
and its receptivity to new and different ideas. Creativity is fostered
by an open and nonjudgmental atmosphere where candor is not penalized.
City staff are hired to offer their professional judgments and opinions,
especially in those areas where they have expertise and experience.
Public officials are certainly free to disagree with statements made
by city staff. Indeed, in most situations those public officials will
have the final word on what policy will be adopted by the city. But
disagreements over policy must not extend to threats or generate fear
of reprisal. Public officials enjoy substantial authority within City
Hall, and this authority must not be exercised in a manner that intimidates
staff and degrades morale with resulting damage to the fabric of the
organization.
k.
When a public official is concerned about the performance of a city
staff member that concern should be shared privately with the city
manager or his or her designee. A public official shall not take any
action on their own to threaten staff members with disciplinary action,
or to otherwise spread their concerns about a staff member to others.
Once the city manager is informed about a public official's
concerns about a staff member, those concerns can then be addressed
in accordance with the city's personnel rules, in a manner that protects
the city staff member's rights and protects the city's authority to
discipline its employees in a proper manner. It is never acceptable
for a public official to directly threaten disciplinary action of
any kind. Public officials should also avoid publicly criticizing
staff members, especially those in non-managerial positions. Public
officials should certainly have high expectations of city staff's
work performance, but there is no room in the organization for public
humiliation of any person.
2.
Policy
Two. The city council sets the city policy, but individual public
officials shall not interfere with the manner by which the city manager,
or city staff, perform their duties.
a.
The city manager shall be allowed to perform his or her assigned
duties without interference from individual public officials.
The city manager takes direction from the city council acting
as a body, not from individual members or other public officials.
While the city council as a body may offer its views on matters within
the city manager's area of authority, it is the city manager, as chief
executive officer of the organization, who makes the final decisions
on such matters. The city manager cannot function effectively if he
or she receives inconsistent direction from individual council members
or is not given the support and independence necessary to perform
his or her duties in the administration of the city.
Even if a project or program was initially conceived and initiated
by a specific public official, that public official must avoid interfering
with or directing the city manager's method of carrying out the city
council's decisions. Once a project or program receives council approval
to proceed, such activity becomes an official activity of the city
and not of any particular public official. Public officials do not
have authority and should refrain from giving directions or instructions
to city staff, contractors, or consultants.
In certain instances, the council as a whole may authorize one
or more council member(s) to be involved as part of an ad hoc committee
or otherwise. In such instances the council member should only be
involved to the extent specifically authorized by the city council,
or as requested by the city manager.
b.
Public officials shall not interfere with the implementation by city
staff of projects and programs directed by the city manager. Any council
member concerns should be directed solely to the city manager or designee.
3.
Policy
Three. City resources shall only be used for city business and those
activities for which there is a valid public purpose.
a.
City resources shall be used for city business, when there is a valid
public purpose and proper authorization.
b.
City staff shall not be asked or directed to spend time on non-city
business.
It is improper to ask or require a city employee to engage in
non-city related activities. Non-city activities include, among other
things, personal errands, work, or research that has not been approved
by a majority of the council.
c.
Public officials should not solicit political support from staff.
Public officials, particularly elected officials, should not
solicit any type of political support (financial contributions, display
of posters or lawn signs, name on support lists, or otherwise request
help or assistance, etc.) from city staff. However, city staff, as
private citizens, have their own constitutional rights and may as
private citizens support political candidates of their own choosing.
All such activities must be conducted away from the workplace and
cannot involve the use any city funds.
C.
Sanctions.
Public officials who intentionally and repeatedly do not follow proper
conduct as outlined in this policy may be reprimanded or formally
censured by the council, lose seniority or committee assignments (both
within the city or with intergovernmental agencies), or have official
travel restricted. Serious infractions of this policy could lead to
other sanctions as deemed appropriate by council.
It is the responsibility of individual public official to initiate
action if another public official's behavior may warrant sanction.
The alleged violation(s) can be presented to the full council in a
public meeting. The city council may order an investigation in any
situation where they believe additional facts are needed in order
to determine if a violation of this policy has in fact occurred.
(Ord. 2579 § 1, 2022; Ord. 2595 § 1, 2023)
A.
Purpose and Authority.
1.
The purpose of this section is to require the filing of campaign
disclosure statements and statements of economic interest by elected
officials, candidates, staff, consultants, or committees to be completed
electronically. The city council enacts this section in accordance
with the authority granted to cities by state law. This section is
intended to supplement, and not conflict with, the Political Reform
Act.
2.
While electronic filing of statements will be mandated under this
section, the city clerk, as the city's filing officer, will have
the right to accept a paper filing in lieu of an electronic filing
at the city clerk's discretion, under certain circumstances,
and to accommodate an Americans with Disabilities Act (ADA) request.
B.
Basic Requirement.
1.
An elected officer, candidate, committee, or other person required
to file statements, reports, or other documents required by Chapter
4 of the Political Reform Act or designated in the city's local
conflict of interest code adopted pursuant to Government Code Section
87300, shall file any required statement of economic interests (Form
700) online or electronically with the city clerk. Electronic filing
is mandatory unless the officer, candidate, or committee is determined
to be exempt as described Government Code Section 8415(a).
2.
The city clerk shall issue an electronic confirmation that notifies
the filer that the statement was received, and the notification shall
include the date and the time that the statement was received and
the method by which the filer may view and print the data received
by the city clerk. The date of filing for a statement filed online
shall be the day that it is received by the city clerk.
3.
If the city's filing system is not capable of accepting a statement
due to technical difficulties or other valid reasons in the Clerk's
discretion, then a statement in paper form at shall be filed with
the city clerk.
4.
The city clerk will operate the electronic filing system in compliance
with the requirements of California Government Code Section 84615.
(Ord. 2611, 5/22/2024)
