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CC 01-12-2024 Searchable PacketCITY OF CUPERTINO
CITY COUNCIL
AGENDA
10800 Torre Avenue, Cupertino Library, Room 201
Friday, January 12, 2024
11:00 AM
Non-Televised Special Meeting
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby
called for Friday, January 12, 2024, commencing at 11:00 a.m. in Cupertino Library, Room
201, 10800 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the
purpose of conducting business on the subject matters listed below under the heading,
“Special Meeting."
SPECIAL MEETING
ROLL CALL
CITY COUNCIL TRAINING
1.Subject: City Council Training
Recommended Action: Conduct City Council Training
A - Cupertino City Council Procedures Manual Procedures
B - Rosenberg's Rules of Order
ADJOURNMENT
Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence
legislative or administrative action may be required by the City of Cupertino’s lobbying ordinance
(Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose
communications regarding any legislative or administrative are solely limited to appearing at or
submitting testimony for any public meeting held by the City are not required to register as lobbyists.
For more information about the lobbying ordinance, please contact the City Clerk’s Office at 10300
Torre Avenue, Cupertino, CA 95014; telephone (408) 777-3223; email cityclerk@cupertino.org; and
website: www.cupertino.org/lobbyist.
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council must be brought within 90 days after a decision is
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City Council Agenda January 12, 2024
announced unless a shorter time is required by State or Federal law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must
file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the
City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s office for more information or go to
http://www.cupertino.org/cityclerk for a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
meeting who is visually or hearing impaired or has any disability that needs special assistance should
call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for
assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and
writings distributed for the meeting that are public records will be made available in the appropriate
alternative format.
Any writings or documents provided to a majority of the Cupertino City Council after publication of
the packet will be made available for public inspection in the City Clerk’s Office located at City Hall,
10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council
packet archives linked from the agenda/minutes page on the Cupertino web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff
concerning a matter on the agenda are included as supplemental material to the agendized item. These
written communications are accessible to the public through the City’s website and kept in packet
archives. Do not include any personal or private information in written communications to the City
that you do not wish to make public, as written communications are considered public records and will
be made publicly available on the City website.
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CITY OF CUPERTINO
Agenda Item
24-12856 Agenda Date: 1/12/2024
Agenda #: 1.
Subject:City Council Training
Conduct City Council Training
CITY OF CUPERTINO Printed on 1/5/2024Page 1 of 1
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RESOLUTION NO. 23-021
A RESOLUTION OF THE CUPERTINO CITY COUNCIL ADOPTING
CUPERTINO CITY COUNCIL PROCEDURES MANUAL
WHEREAS, the Cupertino City Council has identified a n eed to adopt
policies and procedures governing the conduct of Council meetings and oth er
Council activities; and
WHEREAS, on February 7, 2023, the City Council considered proposed
policies and procedures at a duly noticed regular meeting of the City Council.
NOW, THEREFORE, BE IT RESOLVED that:
1. The C ity Council hereby adopts the Cupertino C ity Counci l Procedures
Manual attached hereto as Exhibit A. The Procedures Manual shall be
effective on Februa1y 8, 2023.
2. Resolution No. 19-062 and any other procedures, policies, or rules that are
inconsistent with the Council Procedures adopted herein are hereby
repealed and rescinded.
PASSED AND A DOPTED at a regular meeting of the City Council of the City of
Cuper tino this 71h d ay of February, 2023, by the following vote:
Memb ers of the City Council
AYES:
NOES:
ABSENT:
Wei, Mohan, Fruen
Chao, Moore
None
ABSTAIN: None
SIGNED:
Hi.mg Wei, Mayor
City of Cupertino
II
02/09/2023
Date
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Resolution No. 23-02 1
Page2
A TTEST:
~/J_~
Kirsten Squar cia, City Cler k
2/9/23
Date
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EXHIBIT A
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CITY OF City of Cupertino Attachments: II City Council Procedures Ex. A-Elected Officials'
Manual Compensation Program
CUPERTINO
Ex. B -Council Technology Policy
Ex. C -Resolution No. 07 -1 03
Ex. D -Municipal Code Chapter
2.17
Effective Date: Responsible Departments:
February 8, 2023 City Manager's Office
Related Policies & Notes:
See Exhibits A-D.
1. Introduction
1.1 Purpose. The purpose of this Manual is to promote communication,
understanding, fairness, and trust among the members of the City Council,
City staff, and members of the public concerning their roles, responsibilities,
and expectations for management of the business o f the City of Cupertino.
1.2 Values. Courtesy and respect for indiv idual points of view should be practiced
at all times. All Councilmembers shall respect each other's right to disagree. All
Councilmembers shall act with decorum and courtesy.
1.3 Brown Act. All actions of the City Council and City commissions, committees,
and s ubcommittees shall comply with the Ralph M. Brown Act.
2. Selection of the Mayor and Vice Mayor
2.1 Selection of Mayor and Vice Mayor. The Mayor and Vice Mayor sh all be
selected annually at a special meeting on the second Thursday of December.
The Mayor and Vice Mayor shall not serve consecutive terms; provided,
however, this provision shall not prevent the Vice Mayor from succeeding to
the office of Mayor.
2.2 Removal of Mayor and Vice Mayor. The Mayor or Vi ce Mayor may be
removed from office, for cause, by a 4/Sths affirmative vote of the members.
Removal for cause shall mean removal of a Councilmember because of such
m ember's (a) w illful and continued failure substantially to perform their
duties, (b) conviction for, or guilty plea to, a felony, or a crime involv ing moral
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turpitude, ( c) abuse of illegal drugs or other controlled substances or habitual
intoxication, or ( d) other illegal activities. The removal should proceed with a
formal warning, which states with proven evidence of the m embe r's failure to
perform their duties and proposed corrective measures. The Mayor or Vice
Mayor must be advised of the proposed cause for removal at least 72 hours
before any action is taken. If the Mayor is removed from office, the Vice Mayor
shall become Mayor. If either officer is removed from office, the Vice Mayor
3. Councilmember Committees and Subcommittees
3.1 Appointment. The Mayor s hall appoint Councilmembers to standing and ad
hoc committees and s ubcommittees established by the City Council, subject to
ratification by the Council at its next regular m eetin g. It will be the
responsibility of the committees and subcommittees to inform and submit
recommendations to the Council.
3.2 Instructions and Expectations. The Council shall make certain that all Council
committees and subcommittees are properly instructed in their assigned scope
of work and responsibilities. The committee's or subcommittee's jurisdiction
shall be defined in writing and approved by a majority of the City Council. All
Council committees and subcommittees having a continuing or indefinite
jurisdiction shall be subject to the Brown Act.
3.3 Reporting. Council committee and subcommittee members are to keep the
Council informed of the work and progress of their committee or
s ubcommittee. These reports or minutes sh all be made in writing whenever a
recommendation is made to the Council.
4 Other City Commissions and Committees
4.1 Responsibility. The Council will make appointments to City's commissions
and committees. Qualifications to serve on commissions and committees shall
be set forth in the Municipal Code or by a resolution or motion of the Council
that is not inconsistent w ith the Municipal Code. Appointment of
Councilmembers to City committees shall be governed by the procedures in
Section 3.
4.2 Attendance at Council Meetings. At least one commission member, preferably
the Chair or Vice Chair, must attend City Council meetings when the
commission has an item of interest on the Council agenda, so as to b e available
to answer Council questions. Staff shall provide the commission with advance
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notice for the commission to select a member to attend th e City Council
meeting.
4.3 Performance Expectations. The Council shall make certain that all
commissions and committees are properly instructed on their responsibilities
and performance expectations. This will include the issuance of a Council-
approved Commission and Committee Handbook and a mandatory annual
training session for all Commission and Committee m embers.
4.4 Appointment. Commissi on and Committee applicants will be interv iewed by
the Council before being voted on by the Council in a noticed public meeting.
Applicants are considered by motion and appointed by a majority vote of
Council. Two members of an immediate family or person s residing in th e same
household shall not be allowed to serve simul taneously on the same
commission or committee. Immediate family members residing in the same
household as a Councilmember are not eligible for appointment to any
commission or committee. Former Councilmembers are not e ligible for
appointment to any commission or committee within four years of having
served on the City Council.
4.5 Removal. The City Clerk shall remove commission members for failure to
comply with attendance policies adopted in the Commissioner's Handbook.
Council retains full discretion to review commission and committee member
performance and may take disciplinary action as needed, including removal
from the commission or committee.
4.6 Undue Influence on Commissioners. Councilmembers should not attempt to
influence or publicly criticize commi ssion recommendations or to influence or
lobby individual commission members on any item under their consideration.
It is important for commissions to b e able to mak e objective recommendations
to the City Council on i tems before them. Councilmembers that attempt to
influence commission positions on an item may prejudice or hinder their role in
reviewing the commission's recommendation as a member of the City Council.
Individu al Councilmembers shall have the right to attend m eetings of
Cupertino commissions and other Cupertino governmental bodies but shall
refrain from speaking or becoming involved in deliberations.
5. Administrative Matte rs
5.1 Attendance. City Councilmembers acknowledge that attendance at lawful
meetings of the City Council is part of their official duty. Councilmembers s hall
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make a good faith effort to attend all such meetings. Council members shall
notify the Mayor or the City Clerk if they will be absent from a meeting.
Council attendance will be noted in the agenda of the next regular meeting and
thereafter for that calendar year, if five or more regular meetings are missed.
5.2 Correspondence. Proposed correspondence from the Mayor or other
Councilmembers on City stationery should generally be reviewed b y the
Council in draft form prior to release. On occasion, there are urgent requests
from the League of California Cities for correspondence concerning legislation
directly affecting municipalities. If the Mayor and the City Manager agree that
the League's position corresponds with that of the Council, the Mayor may
send a letter without first obtaining Council approval. City letterhead will be
made available for routine correspondence (e.g., thank you notes). Official
correspondence (including email) from Councilmembers should be respectful
and professional.
5.3 Regional Bodies. The Mayor shall appoint Councilmembers to represent the
City of Cupertino on regional bodies subject to ratification by the Council at its
next regular meeting. The Mayor should endeavor to provide all
Councilmembers a fair opportunity to represent the City. The positions taken
by the appointed representatives s hould be in alignment with the positions that
Council has taken on i ssues that directly impact the City of Cupertino. If an
issue arises that is specific to Cupertino and Council has not taken a position,
the issue should be discussed b y Council prior to taking a formal position at a
regional board meeting to assure that it is in alignment with Council's position.
Council representatives to such various boards shall keep the Council informed
of ongoing business through brief oral or written reports to the Council.
Councilmembers shall make a good faith effort to attend all regional meetings
that require a quorum of the appointed members to convene a meeting.
Attendance should not be less than 75% of all scheduled meetings. If a
Councilmember is unable to attend, they should notify their alternate as far in
advance of the meeting as possible so as to allow the alternate to attend.
5.4 Responses to Public. It w ill be the responsibility of the City Manager to ensure
a response is provided to public correspondence for informational requests
addressed to the Council. Staff shall respond to all requests for services as
appropriate, and the City Manager shall keep Council informed of the City
response.
5.5 Reimbursement. City Councilmembers may be reimbursed for expenses for
travel to and lodging at conferences or meetings related to their role as a
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Councilmember as stated in the Elected Officials' Compensation Program, as
may be amended from time to time (Exhibit A). Any additional expenses that
fall outside the scope of this policy may be reimbursed only if approved by the
City Council, at a public meeting before the expenses are incurred. Any request
for reimbursement of expenses shall be accompanied by an expense form and
receipts to document the expenditure. These documents are public records
subject to disclosure under the California Public Records Act. Councilmembers
shall be eligible to receive City-issued hardware and software for the conduct
of official business pursuant to the Council Technology Policy (Exhibit B).
5.6 Council Training. Any member of the City Council and City commissions or
advisory committees formed by the City Council shall receive ethics and anti
harassment training required by state law. New members must receive the
training within their first year of service and shall comply with ongoing
training requirements imposed by state law. Members shall attend training
sessions that are offered locally in the immediate vicinity of Santa Clara
County, by completing online a state-approved public service ethics education
program, or through a state-approved training which may be provided at a
conference attended by the member. The City Clerk shall keep ethics training
records for five years.
5.7 Mayor's Initiative Budget. The Mayor may use the Mayor's initiative budget
established as part of the City Manager's discretionary fund for projects that
the Mayor deems appropriate during the Mayor's term of office, subject to the
requirements of Resolution No. 07-103 (Exhibit C). The amount of the Mayor's
initiative budget is determined by the City Council. 6.Relationship with City Staff6.1 Incorporation of Municipal Code by Reference. Cupertino Municipal Code
Chapter 2.17 (Exhibit D) governs the City Council's relationship with the City
Manager and their staff under the Council-Manager form of government. To
the extent that the provisions of Chapter 2.17 are not set below, they are
incorporated by reference into this Manual. 6.2 Council/Manager Form of Government. Under the Council/Manager form of
government, the City Council sets policy direction as the direct representatives
of the community with the City Manager providing the professional expertise
to manage the organization and carry out the Council's direction. The City
Manager is responsible for carrying out the Council's policy direction through
the day-to-day management of City functions, including the oversight of City
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operating departments. Neither indiv idual Councilmembers nor the Council
as a whole shall interfere with the City Manager's performance of the
administrative duties conferred upon them in Cupertino Municipal Code
section 2.28.040.
6.3 Council-Manager Relations. The City Council and its members shall deal
with the administrative services of the City only through the City Manager,
except for the purpose of inquiry, and neither the City Council nor any
Councilmember shall give orders to any subordinates of the City Manager.
The City Manager shall take ins tructions from the City Council only when
given at a duly held meeting of the City Council, and no individual
Councilmember shall give any instructions to the City Manager.
6.4 Individual Councilmember Influence on Staff Decisions Prohibited.
Individual Councilmembers shall not a ttempt to influence staff decisions,
recommendations, workloads, and schedules, and department priorities
w ithout prior knowledge and approval of the City Council. If a
Councilmember wishes to influence the actions, decisions, recommendations,
workloads, work schedules and priorities of staff, that member must prevail
upon the City Council to do so as a matter of Council policy.
6.5 Decorum. All Councilmembers and City staff shall treat each other with
dignity, courtesy, and respect. In exercising the City Council's policymaking
authority, Councilmembers must often critique, modify, or reject a staff
recommendation. While thorough vetting and criticism of staff policy
recommendations or decisions i s a necessary component of Council's
policymaking role, criticism should focus on the policy recommendations and
decisions and should avoid personal attacks. Councilmembers shall refrain
from publicly critici zing the general abilities, character, or motivations of any
staff member and should share any such concerns privately w ith the City
Manager or City Attorney.
6.6 Councilmember Access to Information. City Councilmembers have free
access to the flow of any information related to the operation of the City. The
City Manager shall ensure that such information is communicated b y s taff in
full and with candor to the Council. City staff will make every effort to
respond in a timely and professional manner to all requests made b y
individual council members for information or assistance, provided that, in
the judgment of the City Manager, the request is not of a magnitude either in
terms of workload or policy, which would require that it more appropriately
be assigned to staff through the collective direction of the City Council, based
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on the guidelines set forth in Cupertino Municipal Code section 2.17.043. The
City Manager shall place requests that impose a significant workload on staff
on the Council agenda for review by the full Council, along with a statement
from that Councilmember as to why the information is needed. No
Councilmember shall circumvent the City Manager's direction regarding a
request for information by seeking information through a Public Records Act
request.
6.7 Authority of City Council. Nothing in this Manual shall limit the City
Council's power to accept, reject, amend, or otherwise guide and direct staff
actions, decisions, recommendations, workloads and schedules, department
priorities, and the conduct of city business through the office of the City
Manager. This power cannot be delegated to individual Councilmembers, nor
to committees composed of Councilmembers consisting of less than a quorum
of the City Council.
7. Agendas and Staff Reports
7.1 Future Agenda Items. The City Manager, the City Attorney, the Mayor, or any
two Councilmembers may request that an item be added to a future agenda for
Council action. The City Manager shall provide a quarterly report to Council
regarding the s tatus of future agenda items, which may include a request to
remove items from the list of future agenda items. Any item may be removed
for the future agenda items list by a majority vote of the City Council.
7.2 Preparation of Agenda. The City Clerk shall prepare the agenda in
consultation with the City Manager, the Mayor, and the City Attorney. Absent
exigent circumstances, an item will be scheduled for Council action no sooner
than 14 days after receipt of a request to add the item to the future agenda
item s lis t. Any ite m requiring preparation of a staff report requires City
Manager approval or, in case of a report prepared b y City Attorney's Office
staff, City Attorney approval, before being added to an agenda. The Mayor, in
consultation with the City Manager and the City Clerk, shall determine the
order of items on the agenda.
7.3 Agenda Item Descriptions. Each agenda item shall include a brief general
description of the matter to be discussed (approximately 20 words in length),
including any action that may b e taken under the California Environmental
Quality Act, and should generally include the recommendation of the City
Manager.
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7.4 Staff Reports. Staff reports should include the following sections:
1. Subject
2. Recommend ed Action
2. Reasons for Recommendation
3. Sustainability Impact
4. Fiscal Impact
5 . California Environmental Quality Act
7.5 Agenda Publication. Agenda packets for a regular meeting should be
published and delivered to Councilmembers no later than the Wednesday prior
to a Tuesday Council meeting. Councilmembers are encouraged to contact s taff
in advance for answers to questions regarding an agenda packe t. Written
communications addressed to Council shall be forwarded to Council and made
available to members of the public, consistent with the requirements of the
Brown Act.
7.6 Supplemental Materials. Supplemental reports and materials received by the
City Clerk after the agenda i s published but before 12:00 p.m. on the Monday
prior to the City Council meeting shall be published and delivered to
Councilmembers at 5:00 p.m. on Monday. Supplemental reports and materials
received by the City Clerk after 12:00 p.m. on Monday but before 4:00 p.m. on
the day of the meeting shall be published and delivered to Councilmembers
prior to the Council meeting. Council questions and staff-prepared responses
will be included in supplemental materials provided to Council and the public.
8. Meeting Procedures
8.1 Meeting Schedule. The City Council conducts its regular meetings on the first
and third Tuesdays of the month, except when Council is in recess. At the
second regular meeting in January, the City Council w ill approve the schedul e
of meetings for the calendar year, which in addition to the regular meeting
schedule may include the cancellation of regular meetings and the addition of
special meetings and study sessions. This practice does not, however, preclude
the Mayor or a majority of th e members of the City Council from calling
additional meetings pursuant to the Brown Act.
8.2 Rules of Order. City Council meetings shall be governed by Rosenberg's Rules
of Order except as otherwise provided by this Manual. Unless otherwise
required b y state law or City ordinance, decisions of the Council shall be made
by a majority of members present and voting. The Mayor may impose
additional reasonable procedural rules not inconsis tent with Rosenberg's Rules
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of Order and the provisions of this Manual, unless objected to by a majority of
Councilmembers present.
8.3 Order of Business. The order of agenda items for regular Council m eetings i s
as follows:
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Closed Session Report
5. Ceremonial Items
6. Postponements and Orders of the D ay
7. Oral Communications (public comment on non-agenda matters)
8. Consent Calendar
9. Public Hearings
10. Action Calendar
11. Items Removed from the Consent Calendar
12. Council Reports and Comments
13. City Manager Report
14. Oral Communications (continued)
15. Informational Items
16. Council and Staff Comments and the Future Agenda Items
17. Adjournment
Oral communications shall be limited to 30 minutes. Additional speakers
wishing to comment on non-agenda items may be given time to speak at the
end of the agend a, after the City Manager's report. In the absence of an
obj ection made by a majority of Councilmembers present and voting, the
Mayor may modify the order of business to facilitate the fair and efficient
conduct of Council meetings.
8.4 Consent Calendar.
8.4.1 Adding Item to Consent Calendar. The Mayor, the City Manager, the
City Attorney, or the City Clerk may recommend that items appearing
on the agenda be placed on the consent calendar for action by the City
Council. All items placed on the consent calendar shall appear together
on the agenda with the recommendation as to the action to be taken by
the City Council with respect to such item. Upon the motion of an y
member of the City Council, all items placed upon the consent calendar
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may be acted upon together, and each shall be deemed to have received
the action recommended.
8.4.2 Rem oving Item from Con sen t Cal endar. Items may be removed from
the consent calendar only by a member of the City Council. Any
member of the City Council who would like to remove any item from
the consent calendar shall notify the City Manager and the City Clerk
prior to the meeting; provided, however, each Councilmember may
remove one item from the consent calendar without providing notice
before the Council meeting begins. Although members of the City
Council are encouraged to ask questions and share concerns about the
agenda item with staff before the meeting, they are not required to do
so. Items removed from the consent calendar sh all be placed at the end
of the agenda for consideration.
8.5 Public Commen t. An opportunity for public comment shall be provided for
the consent calendar, each other agenda item under considerati on, and, during
regular meetings, on any matter that is within the subject matter jurisdi ction of
the City Council. The Mayor may consolidate public comment for rel ated
agenda items, subject to overruling by a majority vote of the Council. Non-
agenda matters (including Council and staff reports and informational items)
may be addressed by the public during oral communications. Members of the
public wishing to speak regarding an item shall submit a request to comment
to th e Clerk ("bl ue card") or, where applicable, raise their hand in Zoom within
nine minutes of the time the Mayor opens public comment or prior to the close
of public comment on the item, which ever is earlier. Each individual speaker
will ordinarily have up to three minutes to address the Council. If a speaker
representing five or more members of the public in attendance and w i shing to
comment on the item but electing not to speak, the speaker may have up to 10
minutes to address the Council. Consolidation of time among speakers is not
otherwise allowed. If a large number of speakers wish to address Council on an
item, the Mayor may reduce the time allotted to each speaker consistent with
the Brown Act. Twice the speaking time will be provided to any member of the
public who uses a translator.
8.6 Co mmunications with Memb ers of the Public. The City Council may ask
q u estions of speakers providing public comment but should avoid an extended
discussion with members of the public d u ring meetings. Additionally, when a
member of the public provides comments regarding a matter that is not on the
agenda, Councilmembers may (1) refer the speaker to staff; (2) refer the speaker
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to appropriate reference material; (3) request that staff report back at a future
meeting; or ( 4) request that staff place the item on a future agenda.
Councilmembers s hould not otherwise respond to or comment on an item of
business that i s not on the agenda. City staff should generally avoid responding
to comments or questions from members of the public during Council
meetings, although the City Manager or City Attorney may offer to arrange a
time to discu ss the s ubject matter of public comments with members of the
public subsequent to the Council meeting.
8.7 Conduct of Meetings
8.7.1 Councilmembers. Members of the City Council value and recognize the
importance of the trust invested in them by the public to accomplish the
business of the City. Councilmembers shall accord courtesy to each other,
to City employees, and to members of the public appearing before the
City Council.
8.7.2 City Employees. City s taff shall observe the same rules of decorum
applicable to the City Council. City staff shall act at all times in a
businesslike and professional manner towards Councilmembers and
members of the public.
8.7.3 Members of the Public. Members of the public attending City Council
meetings are encouraged to treat Councilmembers, City staff, and other
members of the public with the same courtesy that Councilmembers and
City s taff must accord to them. Any m emb ers of the public who engages
in conduct that disrupts a City Council meeting shall be removed from the
meeting. N othing in this Manual or any rules of conduct that may be
adopted by the City Council shall be construed to prohibit public criticism
of the policies, procedures, programs, or services of the City, or of the acts
or omissions of the City Council, City advisory bodies, or City staff.
8.8 Discussion and Deliberation
8.8.1 Ex Parte Contacts. Councilmembers shall disclose any ex parte
communications prior to deliberation on a quasi-judicial matter. A quasi-
judicial matter is typically a hearing in which the City Council hears
evidence and makes findings of fact to reach a conclusion based on the
applicable law. An ex parte communication occurs when a
Councilmember hearing a quasi-judicial matter communicates directly or
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indirectly with any person or party in connection with a matter before the
Council, without notice and the opportunity for all parties to participate.
8.8 .2 Relevance. All discussion must be relevant to the issue before the City
Council. A Councilmember is g iven the floor only for the purpose of
discussing the pending matter; discussion which departs from the item
agendized for discussion is out of order. Councilmembers should avoid
repetition and shall not discuss matters that are not on the agenda.
Arguments for or against a measure should be stated as concisely as
possible.
8.8.3 Council Questions and Deliberations. Councilmembers may obtain the
floor by seeking recognition from the Mayor. Following presentations to
Council on an agenda item, Councilmembers shall each be given five
minutes to ask questions of any presenter. The Mayor may allow
additional time for questions w here appropriate. Following public
comment, the Mayor may request that a motion be made and seconded.
After the motion has b een s tated to the Council and seconded, any
member of the Council has a right to discuss the motion after obtaining
the floor. A member w ho has been recognized sh all limit their time to
five minutes. The Mayor may allow additional time for deliberations
w h ere appropriate. This rule shall displace any conflicting rule in the
City's adopted rules of procedure.
8.8.4 Opportunity for Equal Participation. It is the policy of the Council to
encourage the full, fair participation of all members of the Council in
discussions and deliberations. The Mayor may impose reasonable limits
on the time any Councilmember is permitted to speak to advance this
policy. In addition, all Councilmembers wishing to be recognized should
be given an opportunity to speak before any member is allowed to speak a
second time.
8.8.5 Civility. While it is appropriate to vigorously debate a motion, its nature,
or its consequences, Councilmembers shall avoid attacks on the motives,
character, or personality of other Councilmembers, City staff, and
members of the public. The Mayor shall rule out of order any
Councilmember who engages in such attacks.
8.8.6 Role of the Mayor. The Mayor has the responsibility for controlling and
expediting the discussion of an agenda item. It is the duty of the Mayor to
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keep the subject clearly before the Councilmembers, to rule out irrelevant
discussion, and to ensure civil discu ssion among Councilmembers.
8.9 Meeting Length. Meetings of the City Council shall adjourn by 11:00 p.m.
unless the time of adjournment is extended by a vote of a majority of the City
Council. Discussion of an agenda item shall not begin after 10:30 p.m. Any
motion to extend the meeting beyond 11:00 p .m. shall include a list of specific
agenda items to be discussed or approved and shall specify the order these
items shall be considered. If a meeting continues past 11:00 p.m., it shall end at
11:30 p.m. A ll meetings shall be adjourned at 11:30 p.m. unless by a vote of a
majority of the City Council su spends this rule and Council votes
affirmatively to extend the meeting past 11:30 p.m. Following the
adjournment of the meeting, any remaining items on the agenda shall be
continued to the next regular meeting of the City Council.
8.10 Public Hearing Procedures. The order of proceeding where there is a public
hearing item (non-appeal items) before the City Council shall be as follows:
1. Open Public Hearing
2. Staff Report (preferably:::; 10 minutes)
3 . Applicant's presentation (where applicable) (preferably:::; 8 minutes)
4. Questions from the Council
5. Public comment
6. Applicant's response to public comment (where applicable) (preferably 2
minutes)
7. Close Public Hearing
8. City Council discussion and vote
Where the public hearing involves an appeal of a decision to the City Council,
the order of proceeding shall be as fo llows:
1. Open Public Hearing
2. Staff Report (preferably:::; 10 minutes)
3. A ppellant's statement (preferably:::; 8 minutes)
4. Applicant's statement (where applicable) (preferably:::; 8 minutes)
5. Questions from the Council
6. Public comment
7. Applicant's response to public comment (where applicable) (preferably 2
minutes)
8. Appellant's response to public comment (preferably 2 minutes)
9. Close Public Hearing
10. City Council discu ssion and vote
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8.11 City Council Recess Period. The City Council recess period shall begin the first
Tuesday in August at 12:00 a.m. and end the Tuesday following Labor Day at
12:00 a.m. During any recess period, the City Manager is authorized to take
s uch ministerial actions for m atters of operational urgency, including such
emergency actions as are necessary for the immediate preservation of the
public peace, health, or safety, as would normally be taken by the City Council
during the period of recess, except for those duties specifically reserved to the
Council by law. This authority extends throughout the period of recess
established by the City Council and includes the authority to execute
agreements and make expenditures necessary for the exigent operational
matters. The City Manager shall make a full and complete report to the City
Council at its first regularly scheduled meeting following the period of recess
of actions taken b y the City Manager pursuant to this section, at which time the
City Council may make such findings as may b e required to ratify the actions
of the City Manager. Nothing in this Section prevents the City Council from
calling a special meeting during the recess period.
9. Closed Sessions
A closed session may be held at any regular or special meeting for any purpose
authorized by the Brown Act. The City Attorney will schedule cl osed session
meetings in consultation with the Mayor and the City Manager. Public comment
shall be received in open session prior to a closed session. To ensure strict
compliance with the Brown Act, th e City Attorney or the City Attorney's designee
shall report out in public session any reportable action taken during closed session
and any other information from closed session authorized to be disclosed based on a
majority vote of the City Council.
10. Enforcement of Rules; Suspension of Rules
The City Council may enforce repeated or serious v iolations of the rules set forth in
this Manual through a censure action placed on a Council agenda. Nothing in this
Manual shall be cited to invalidate a properly noticed and acted upon action of the
City Council. Any rule set forth in this Manual may be su spended by a three votes of
the Council.
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EXHIBIT A
City of Cupertino
ELECTED OFFICIALS' COMPENSATION PROGRAM
Policy No. 1
PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY
It is City of Cupertino policy tha t those certain persons holding positions hereinafter
defined and designated as elected official positions shall be eligible for participation under
the Elected Officials Compensation Program as hereby adopted by action of the City Council
and as same may be amended or as otherwise modified from time to time.
Eligibility for inclusion with this Compensation program is limited to persons holding
positions as elected officials. These are designated by the voters and may be modified as
circumstances warrant.
The position in the following classification has been designated as elected official.
ELECTED OFFICIAL CLASSIFICATIONS:
Classification Title City
Council Member
Adopted by Action of the City Council,
July 2013
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City of Cupertino
ELECTED OFFICIALS COMPENSATION PROGRAM
Policy No. 2
SALARY SCHEDULE
As rates of pay are set forth under the Cupertino Municipal Code 2.16.020, and
hereby adopted by action of the City Council, so are those rates of pay included herein as
a part of this Compensation program. The inclusion herein of said rates and schedules
does not affect any effective dates or otherwise reflect on the approval processes required
but is shown as an integral part of this Program for completeness of record.
Adopted by Action of the City Council
July, 2013, October 2016
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I. POLICY
City of Cupertino
ELECTED OFFICIALS COMPENSATION PROGRAM
Policy No. 3
TRAINING AND CONFERENCES
It is City of Cupertino policy that members of the City Council and the Council's
commissions and committees, shall be reimbursed or receive a direct advance according
to the schedules, terms and conditions as set forth herein for the expenses authorized
below. This policy is established in accordance with California Government Code
Sections 53232.2 and 53232.3.
III. AUTHORIZED EXPENSES
The City Council and their comm1ss1on and committee members can receive
reimbursements or advances toward actual and necessary expenses incurred by
participating in the following activities or events:
1. Communicating with representatives of regional, state and national government
on City adopted policy positions;
2. Attending seminars, conferences, and training to improve skill and information
levels;
3. Participating in regional, state and national organizations whose activities affect
the City's interests (such as the League of California Cities);
4. Attending International Conferences, budget limited to $2,500 per fiscal year,
provided there is a benefit to the City;
5. Attending City events;
1. Attending functions of other local civic or community organizations where there is
a clear nexus between the event and the member's attendance as an official
representative of the City. Purely social events, service club dues and meals, and
political or charitable contributions or events would be excluded. For purposes of
this section, reimbursable fundraisers and events include, but are not limited to,
Cupertino Union School District, Fremont Union High School District, Foothill-De
Anza Community College District, Silicon Valley Leadership Group, Cupertino
American Cancer Society (ACS) Relay for Life and Cupertino Chamber of
Commerce activities.
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The City will not reimburse or advance payment toward expenses including, but not
limited to:
1. The personal portion of any trip;
2. Family expenses, including those of a partner when accompanying Council or
commission member on City related business, as well as child or pet related
expenses.
3. Entertainment expenses, including theatre, s hows, movies, sporting events, golf,
spa treatments, etc.
4. Meals and entertainment paid on behalf of third parties outside of the City;
5. Gifts of any kind for any purpose;
6. Alcoholic beverages;
7. Non-mileage personal automobile expenses including repairs, insurance,
gasoline, traffic citations; and
8. Personal losses incurred while on City business.
IV. BUDGETARY LIMITATIONS
Reimbursement or advancement of expenses s hall not exceed budgetary limitations.
Changes in appropriations w ill be done through the budget process.
V. REIMBURSEMENT AND ADVANCE SCHEDULE
A Intent
This schedule is written with the intent that the City Councilmember, commissioner, or
committee member w ill make every effort to find the lowest possible cost to the City for
traveling on City business. For example, if paying for parking at the airport is less
expen sive than paying for a taxi o r airport shuttle, then officials should drive their car
and park at the airport; or if renting a car is lower than taking taxis at the out-of-town
location, then a car should be rented. Air reservations should be booked in advance to
obtain discounted fares. The following procedures apply w hether the expense is being
paid through a reimbursement or a direct advance.
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B. Local Area
The local area is defined to be within Santa Clara and San Mateo Counties and within a
40 mile dis tance from Cupertino when traveling to Alameda County.
C. Registration
The City will pay the registration fee for authorized attendance at a convention,
conference, seminar or meeting.
D . Transportation
The City will pay transportation costs on the basis of the lowest cost intent stated in
paragraph A. Eligible transportation costs include airfare (with coach fare being the
maximum), van or taxi service to and from the attendee's home and airport, destination
or airport parking charges, taxi and shuttle services at the out-of-town loca tion, trains,
tolls, or rental cars. Use of a personal automobile for City business shall be reimbursed or
advanced at the rate per mile in effect for such use, except in no case shall it exceed air
coach fare if the vehicle i s being u sed for getting to the destination. Government or group
rates offered by a provider of transportation must be used when available.
E. Lodging
Hotel or lodging expenses of the City official resulting from the authorized event or
activity defined in this policy will be reimbursed or advanced if the lodging and event
occur outside the local area. Not covered will be lodging expenses related to person(s)
who are accompanying the City member, but who themselves are not on City business.
In this instance, for example, the difference between single and multiple occupancy rates
for a room will not be reimbursed.
Where the lodging is in connection with a conference or other organized educational
activity, City-paid lodging costs shall not exceed the maximum group rate published by
the conference or activity sponsor, providing that lodging a t the group rate is available a t
the time of booking. If the group rate at the conference hotel is not available, then the
non-conference lodging policy described in the next paragraph s hould be followed to
find another comparable hotel.
Where lodging is necessary for an activity that is not related to a conference or other
organized educational activity, reimbursement or advances shall be limited to the actual
cost of the room at a group or government rate. In the event that a group or government
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rate is not available, lodging rates that do not exceed the median price for lodging for that
area and time period listed on travel websites like www.hotels.com, www.expedia.com
or an equivalent service shall be eligible for reimbursement or advancement.
F. Meals
1. No Conference
The actual cost of a meal can be claimed, within a standard of reasonableness, but
receipts must be kept and submitted for the expense incurred.
2. As Part of a Conference
When City officials are attending a conference or other organized educational
activity, they shall be reimbursed or advanced for meals not provided by the activity,
on an actual cost basis. The actual cost rate shall follow the rules described in the
meals with no conference paragraph.
G. Other Expen ses
Payments toward or reimbursement of other expenses related to authorized activities o r
events shall be limited to the actual costs consistent with the application of reasonable
standards. Receipts must be kept and submitted for all expenses.
VI. DIRECT CASH ADVANCE POLICY
From time to time, it may be necessary for a City official to request a direct cash advance
to cover anticipated expenses whil e traveling or doing business on the City's behalf. Such
request for an advance s h ould be submitted to the City Manager or Department Head no
less than seven days prior to the need for the advan ce with the fo llowing information: 1)
Purpose of the expenditure; 2) The anticipated amount of the expenditure (for example,
hotel rates, meal costs, and transportation expenses); and 3) The dates of the expenditure.
An accounting of expenses and rehim of any unused advance must be reported to the
City within 30 calendar days of the official's rehun on the expense report described in
Section VII.
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VII. EXPENSE REPORT REQUIREMENTS
All expense reimbursement requests or final accounting of advances received must be
approved by the City Manager or Department Head, on forms determined by the Finance
Department, within 30 calendar days of an expense incurred, accompanied by a business
purpose for all expenditures and a receipt for each item other than mileage. The report
will be a public record subject to disclosure under the Public Records Act.
VIII. REPORTS TO CITY COUNCIL OR COMMISSIONS
At the next regular City Council or commission meeting, each councilmember or
commissioner shall briefly report on publicly noticed meetings attended at City expense.
If multiple members attended the meeting, a joint report may be made.
IX. POLICY VIOLATIONS
Violations of this policy including falsifying expense reports may result in any or all of
the following: (1) loss of reimbursement privileges, (2) demand for restitution to the City,
(3) civil penalties of up to $1,000 per day and three times the value of the resources used,
and 4) prosecution for misuse of public resources.
Revised 7/83, 7/85, 7/87, 7/88, 7/91, 7/92, 12/07, 7/10
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City of Cupertino
ELECTED OFFICIALS' COMPENSATION PROGRAM
Policy No. 4
MILEAGE REIMBURSEMENTS
It is City of Cupertino policy that eligible persons under this Compensation
Program shall be compensated fairly for the use of personal automotive vehicles on City
business. Those persons who occasionally are required to u se their personal automobiles
for City business shall be reimbursed for such use at the established IRS rates. Submission
of reimbursement requests must be approved by the City Manager.
Adopted by Action of the City Council
July, 2013
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City of Cupertino
ELECTED OFFICIALS' COMPENSATION PROGRAM
Policy No. 5
ASSOCIATION MEMBERSHIPS AND
PROFESSIONAL PUBLICATIONS
It is City of Cupertino policy that eligible persons under this Compensation
Program shall be entitled to City spon sored association memberships as well as receiving
subscriptions to professional and technical publications. Such sponsorship, however,
shall be conditioned upon the several factors as set forth below.
Each association for which membership i s claimed must be directly related to the
field of endeavor of the person to be benefited. Each claim for City sponsored
membership shall be submitted with their concurrence to the City Manager for approval.
Subscriptions to or purchase of professional and technical publications may be
provided at City expense when such h ave been authorized by the City Manager
providing the subject matter and material generally contained therein are related to
municipal governmental operations.
Adopted by Action of the City Council
July, 2013
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City of Cupertino
ELECTED OFFICIALS' COMPENSATION
PROGRAM
Policy No. 7
HEALTH BENEFITS PLAN -CITY
CONTRIBUTION
It i s the policy of the City of Cupertino to provide group hospital and medical
insurance under whi ch the elected offici al positions and their dependents may be
covered. The purpose of this program is to promo te and preserve the health of
employees and their famili es through compreh ensive health plans available only
through employer sponsorship .
Although the premium cost for the insurance provided remains the ultimate
responsibility of the empl oyee in these positions, the City shall contribute the amounts
listed below towards the premium or pay the full cost of the premium if less than the
stated amounts. If the premium amounts for any employee covered by this policy are
less than the amounts listed below per m onth, the difference between the premium
amount and the sta ted amounts will be retained by the City.
Effective C ity Max Health C ity Max *D ental City Total Max
January l, 2020 Contri buti on Contribution Contribution
Empl oyee 848 .87 126.78 975 .65
Empl oyee +l 1,443.09 126.78 1,569.87
Empl oyee +2 1,876.01 126.78 2 ,002.79
January 1, 202 1 C ity Max Health C ity Max *D ental C ity Total Max
Contributi on Contributi on Contri bution
Empl oyee 89 1.32 126.78 1,018.10
Empl oyee +l 1,515.24 126.78 1,642.02
Empl oyee +2 1,969.81 126.78 2,096.59
January 1, 2022 C ity Max Health C ity Max *Denta l City Total Max
Contribution Contribution Contribution
Empl oyee 935.88 126.78 1,062.66
Employee +l 1,591.01 126.78 1,717.79
Employee +2 2 ,068.31 126.78 2,195.09
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*Dental Coverage: Effective the first month after Council adoption of MOU, dental coverage is
capped at $2,500.00 per dependent per annual plan year for the term of this contract.
Adopted by A ction of the Ci ty Council
July, 2013, October 2016, July 2019,
December 2019, January, 2023
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City of Cupertino
ELECTED OFFICIALS' COMPENSATION PROGRAM
Policy No. 9
LIFE INSU RANCE
It is the policy of the City of Cupertino to provide life insurance benefits to the
elected officials to a maximum of $16,000.
The elected officials may enroll in the life insurance program offered if eligible
under the contract provisions of the policy and the personnel rules of the City. The full
cost of premiums for these programs shall be paid by the City for such individuals .
Adopted by Action of the City Council
July, 2013
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City of Cupertino
ELECTED OFFICIALS COMPENSATION PROGRAM
Policy No. 10
DEFERRED COMPENSATION
It is the policy of the City of Cupertino to provide equitable current compensation
and reasonable retirement security for the elected officials for services performed for the
City. The City participates in the California Public Employees' Retirement System (PERS)
and deferred compensation plans have been established. Both the elected official and City
may make contributions from current earnings to these plans. The purpose of this policy
is to promote means by which compensation may be provided in such manner and form
to best meet the requirements of the City and the needs of the elected officials ..
The City shall maintain and administer means by which the elected officials in
these positions may defer portions of their current earnings for future utilization. Usage
of such plans shall be subject to such agreements, rules and procedures as are necessary
to properly administer each plan. Individual contributions to such plans may be made in
such amounts as felt proper and necessary to the elected official. The City contributions
shall be as determined by the CityCouncil.
Adopted by Action of the City Council
July, 2013
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City of Cupertino
ELECTED OFFICIALS COMPENSATION PROGRAM
Policy No. 11
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTION
A. Council Members occupying office on or before December 29, 2012 Only:
For Council Members occupying office on or before December 29, 2012, the City has
contracted with CalPERS for a 2.7% @55 retirement formula.
Effective in the first full pay period in July 2017, each employee shall pay the full 8.0%
of applicable salary of the employee's contribution towards CalPERS.
B. Council Members occupying office on December 30, 2012 or December 31, 2012 or a
current CalPERS employee who qualifies as a classic member under CalPERS
Regulations Only.
For Council Members hired on December 30, 2012 or December 31, 2012 or a current
CalPERS employee who qualifies as a classic member under CalPERS Regulations only
the City has contracted with CalPERS for a 2.0% @ 60 retirement formula, three year
average compensation
Effective January 1, 2017, the City shall not pay the employee's contribution rate to the
California Public Employees Retirement System (CalPERS) and each employee shall pay
the full 7% of applicable salary of the employee's contribution towards CalPERS.
C. For Council members occupying office on of after January 1, 2013, or former
CalPERS employees that do not qualify as Classic employees hired by the City of
Cupertino on or after January 1, 2013
For Council Members occupying office on or after January 1, 2013 CalPERS has by
statute implemented a 2% @ 62 formula, three year average and employees in this
category shall pay 50% of the normal cost rate as determined by CalPERS.
Adopted by Action of the City Council
July, 2013, October 2016, July 2019
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City of Cupertino
ELECTED OFFICIALS' COMPENSATION PROGRAM
Policy No. 12
DENTAL INSURANCE -CITY CONTRIBUTION
It is the policy of the City of Cupertino to provide dental insurance under which
the elected official positions and their dependents may be covered.
The premium cost for the insurance provided by the City shall not exceed $126.78*
per month per individual. Enrollment in the plan or plans made availabl e pursuant to
this policy shall be in accordance with Personnel Rules of th e City and the provisions of
the contract for such insurance between the City and carrier or carriers.
*Dental Coverage: Effective the first month after Council adoption of agreement, dental
coverage is capped at $2,500.00 per dependent per annual plan year for the term of this
contract.
Adopted by Action of City Council
July, 2013, October 2016, July 2019
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City of Cupertino
ELECTED OFFICIALS COMPENSATION PROGRAM
Policy No. 14
EMPLOYEE ASSISTANCE PROGRAM
It is the policy of the City of Cupertino to provide an Employee Assistance
Program for the benefit of the elected officials and their eligible dependents. The purpose
of this program is to provide professional assistance and counseling concerning financial,
legal, pre-retirement, and other matters of a personal nature.
Adopted by Action of the City Council
July, 2013
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City of Cupertino
ELECTED OFFICIALS' COMPENSATION PROGRAM
Policy No. 17
VISION INSURANCE -CITY CONTRIBUTION
It is the policy of the City of Cupertino to provide vision insurance under which
employees and their dependents may be covered.
The premium cost for the insurance provided by the City shall not exceed $14.94
per month per employee. Enrollment in the plan or p lans made available pursuant to this
policy shall be in accordance with the provis ions of the contract between the City and
carrier or carriers providing vision insurance coverage,
Adopted by Action of the City Council
July, 2013
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City of Cupertino
ELECTED OFFICIALS' COMPENSATION PROGRAM
Policy No. 18
TECHNOLOGY POLICY
Purpose
This policy establishes guidelines and standards regarding the provision of technology
hardware and software for Councilmembers.
Scope and Applicability
This policy applies to all City Councilmembers for the provision and maintenance of
City i ssued technology hardware and software This technology is in addition to City
technology equipment and software residing within the Mayor's and Council's office
at City Hall.
Technology Provision
To facilitate communications with citizens, s taff and other Councilmembers, each
Councilmember may elect to be issued the following technology hardware at the
b eginning of each term.
• 1 Laptop
• 1 Docking Station
• 1 Monitor
• 1 Webcam
• 1 Keyboard & Mouse
• 1 Phone with Voice/Data Plan
Each Councilmember' s issued laptop will have the following additional software
a pp lica tions:
• Office productivity platform, e.g., Microsoft 0365
• Cybersecurity Tools, e.g .. , end point protection and multifactor authentication
• Video Conferencing, e.g., Zoom
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Each Councilmember' s issued phone will have the following additional software
applications
• Office productivity platform
• Cybersecurity Tools
• Video Conferencing
Issued technology hardware and software will meet current City hardware and
software s tandru·ds to en s ure proper security, m aintenance, and support.
Councilmembers who wish to not use Gty issued equipment must provide w ritten
acknowledgement that the technology they will u se has current antivirus software and
alJ software applications are up to date from a cyber security standpoint.
Councilmernbers use the issued equipment for the performance of official City
bus iness. Data contained within the equipment is public property and considered a
public record, therefore subject to all Public Records Act and Brown Act policies.
Councilmembers, upon completion of their term, will return all i ssued equipment to
the Innovation & Tedmology Department. City equipment and/or software is not
available for purdrnse.
City Support
Innovation & Technology staff a re solely responsible to provide technical s upport and
m a intenance for issued equipment and may b e reached at h e lpdesk @cupe rtino .o r g or
(408) 777-3381. If required, Councilmembers shall bring their equipment to City Hall
for repair and/or service.
Adopted by Action of the City Council
July, 2019, January ,. 2023
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City of Cupertino
City Council
and
Planning Commission
Compensation
Effective January 1, 2017
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CITY OF CUPERTINO CITY COUNCIL
AND PLANNING COMMISSION
EFFECTIVE January 1, 2017
The salaries, wages or rates of pay for members of the City Council and Planning
Commission are set forth below. Only the City Council can modify these rates.
Members of the City Council
Members of the Planning Commission*
Effective first full pay period in July 2017
Members of the City Council
Members of the Planning Commission*
$737.54/month
$50.00/meeting (maximum $200 monthly )
$7 43.07 /month
$50.00/meeting (maximum $200 monthly)
*Benefits as set forth in this document do not apply to members of the Planning
Commission.
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EXHIBITB
m Citywi de Policy Manual
Council Policy#
Technology A ttachments:
CUPERTI NO Policy
NIA
Effective D ate: Responsible D e partm ent:
December 121 2022 Innovation & Technology
Related Policies & Notes:
This policy s u persedes previous Council Technology Polices from 2005, 2012, and 2018
Purpose
This policy establ ishes g u jdelines and standards regarding the provision of technology
hardware a n d software for Councilm ember s.
Sco p e an d Applicabili ty
This policy applies to all City Councilmembe rs for the provision and maintenance of City
issued technology h a rdware and software This technology is in addition to City
technology equipment and software residing within the Mayor's and Council's office at
City Hall
Technology Provision
T o facilitate communications with citizens, staff and other Councilmembers, each
Councilmember may elect to be issued the following technology hardware at the
beginning of each term.
• 1 Laptop
• 1 Docking Station
• 1 Monitor
• 1 Webcam
• l Keyboard & Mous e
• 1 Phone with Voice/Data Plan
Each Councilmember's issued laptop will have t h e following additional
software applications:
• Office productivity p latfonn, e.g., Microsoft 0365
• Cybersecurity Tools, e.g .. , end point protection and rnultifactor authentication
• Video Conferencing, e.g., Zoom
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Each Councilmember' s issued phone will have the following additional software
applications
• Office productivity platform
• Cybersecurity Tools
• Video Conferencing
Issued technology hardware and software will meet current City hardware and
software s tandards to ensure proper security, maintenance, and s upport.
Councilmembers who wish to not use City issued equipment must provide written
acknowledgement that the technology they will use has current antivims software and all
software applications are up to date from a cyber security standpoint.
Councilmembers use the issued equipment for the per formance of offici al City business.
Data contained within the equipment is public property and considered a public record,
therefore subject to a ll Public Records Act and Brown Ac~ policies.
Councilmembers, upon completion of their term, will return all 'issued equipment to the
Innovation & Technology Department. City equipment and/or software is not avail able for
purchase.
City Support
lnnovatjon & Technology staff a r e solel y responsible to provide technical support and
maintenance for issued equipment and may b e reached at h elpdesk@cupertino.org o r (408)
777-3381. 11 required, Council members shall bring their equipment to City Hall for repair
and/or service.
Submitted By: Approved By:
Printed Name: Bill Mitchell Printed Name: Pamela Wu
Title: CTO Ti tle: City Manager
Signature: Bilk~ Signature:
D ate: December 11, 2022 Date:
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EXHIBITC
RESOLUTION NO. 07-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
PROVIDING FOR A DISCRETIONARY FUND TO BE ADMINISTERED BY
THE CITY MANAGER TO PROVIDE A ll?UNDING SOURCE FOR PROJECTS
THAT THE MAYOR MAY WISH TO PROPOSE FROM TIME TO TIME
DURING THE MA YOR':S TERM OF.OFFICE
WHEREAS, The City Council wishes to provide a small source of funds for
projects that may be proposed at the discretion of the Mayor during the Mayor's term of
office; and,
WHEREAS , The City Council wishes to establish a Mayor's initiative budget that
will be included as part of the City Manager's Office budget in the City Manager's
discretionary account; and,
WHEREAS, The City Council wis hes to determine, as part of the budget process,
the amount of funding for the duration of the Mayoral term;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino that Mayor's initiative budget is esta bli shed in an amount to be determined by
the City Council as part of the City Manager's discretionary fund to be used for projects
that the Mayor deems appropriate during the Mayor's term of office; and,
BE IT FURTHER RESOL YEO that the decision to spend money on a Mayor's
project will be jointly determined by the Mayo r and the City Manager, except that the
City Manager may, at his or her sole discretion escalate the spending decision to the City
Council if he or she determines that to be necessary or appropriate; and,
BE IT FURTHER RESOL YEO that the City Council will be advised by an item
on the Council Agenda prior to the date of the Mayor's State of the City Address, of any
new proj ect or initiative that the Mayor may wish to propose during the State of the C it y
Address.
PASSED AND A DOPTED at a regular meeting of the City Council of the City of
Cupertino this 5th day of June 2007, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
ls/Kimberly Smith
City Clerk
Members of the City Council
Wang, Kwok, Lowenthal, Mahoney, Sandoval
None
None
None
APPROVED:
ls/Kris Wang
Mayor, City of Cupertino
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EXHIBITD
CHAPTER 2 .17 : CITY COUNCIL/C ITY STAFF RELATIONSH IPS
ec ,on
2.17.010 Preamble.
2 .17 .020 Intent and purpose.
2.17.030 Council and Counci l members.
2 .17.031 Council power.
2 .17.032 Individual Council members.
2 .17.033 Council Policy.
2.17.034 I nforma lion.
2 .17.040 Staff.
2.17.041 Execution of Council direction
2 .17 .042 Undue influence.
2.17.043 T imely response.
2.17.01 0 Preamble.
After the City of Cupertino's incorporation, the City Council enacted Ordinance No. 106 creat ing and establ ish ing the
Counci l/City Manager form of government whereby the City Council controls the adm inistrative services of the City only
through the City Manager. The Council/Manager form of government is intended to provide the best of unencumbered
professional/technical staff input balanced with the collective oversight of elected officials . Under the Council/Manager form
of government neither the City Council , nor individual Council members, can give orders to any subordinates of the City
Manager. The City Manager takes his or her orders and instructions from the City Council only when given at a duly held
meeting of the City Council. No individual counci l member can g ive any orders or instructions to the City Manager. Although
this provision has worked well over the yea rs , a number of specific issues and questions have arisen from time to time
regarding the respective roles of the City Council and City Manager due, in part, to the City's expanding involvement into a
variety of new areas of society. It therefore has become necessary and convenient for the City Council to delin eate with
more specificity the respective roles of City Manager, the City Council and individual Council members.
(Ord. 2009, 2007)
2.17.020 Intent and Purpose.
The intent of this chapter is to address and clarify the relationship between the City Council, Individual Council members,
and city staff by:
A. Maintaining control and direction of the City by the City Counci l as a whole;
8. Insuring that City Council members have free access to the flow of any information relative to the operation of the City
and insuring that such information is communicated by staff in full and with candor to the Council;
C . Ensuring that the Council decision making process benefits from the unencumbered input and advice from the
professional staff free from undue influence in staff decision making, formation of staff recommendations, scheduling of
work, and executing department priori ties without intervention by ind ividual Council members;
D. Allowing city staff to execute priorities given by management and the City Council and protecting city staff from undue
influence from ind ividual Council members.
(Ord. 2009, 2007)
2.17.030 Council and Council members.
2.17.031 Co uncil Power .
The City Council retains the full power to accept, reject, amend, or otherwise guide and direct staff actions, decisions,
recommendations, workloads and schedules , department prior1ties , and the conduct of city business through the office of the
City Manager. This power cannot be delegated to individual Council members, nor to committees composed of council
members consisting of less than a quorum o f the City Council.
(Ord. 2009 , 2007)
2.17.032 Individual Council members.
Individual Council members shall not -attempt to influence staff decisions, recommendations, workloads, and schedules,
and department priorities without prior knowledge and approval of the City Council.
(Ord. 2009, 2007)
2.17.033 Council Policy.
If a Council member wishes to influence the actions, decisions, recommendations, workloads, work schedules and
priorities of staff, that member must prevail upon the City Council to do so as a matter of council policy.
(Ord. 2009 , 2007) 45
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2.17.034 Information.
Individual Council members as well as the City Council as a whole, have complete freedom of access to any information
requested of staff (except information Which is otherwise protected by law from disclosure) and will receive the full'
cooperation and candor of City staff in being provided with any requested Information. Information sought by an Individual
council member may, at the discretion of the City Manager, be automatically provided to the City Council as a whole. In
exercising this discretion, the City Manager will consider whether the information is significant or new or otherwise not
available to the Council or is of Interest to the Council ,
(Ord. 2009, 2007)
2.17 .040 Staff.
2.17.041 Execution of Council Direction.
The primary functions of City staff is the execution of Council policy and actions taken by the Council as well as keeping
the Council informed regarding the general operations of the city.
(Ord . 2009, 2007)
2.17.042 Undue Influence.
City staff may take guidance and direction only from management or the City Council as a whole. Staff is prohibited from
accepting direction or being unduly Influenced by individual Council members to pressure staff members into making,
changing or otherwise suppressrng staff decisions or recommendations , or changing departmental work schedules and
priorities. Staff members will report such attempts to influence them in confidence to the City Manager, who may inform the
City Council as a whole of such attempts. Any staff member who violates this prohibition may be subject to disciplinary
action at the discretion of the City Manager.
(Ord. 2009 , 2007)
2.17.043 Timely Response.
City staff will make every effort to respond in a timely and professional manner to all• requests made by individual council
members for information or assistance, provided that, in the judgment of the City Manager, the request is not of a magnitude
either in terms of work load or policy, which would require that it more appropriately be assigned to staff through the
collective direction of the City Council. In terms of making this judgment, the following guidelines should be considered:
A. Is the request specific and limited in scope so that staff can respond without altering other priorities and with only
minimal delay to other assignments?
B . Is the request a "one time" work requirement, as opposed to an on-going work requirement?
C. Does the response to a request require a significant allocation of staff resources (generally defined as consisting of
more than one staff person. or a single staff person working on the request in excess of two hours)?
(Ord. 2009, 2007)
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Rosenberg’s Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century
By Judge Dave Rosenberg
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ii
MISSION and CORE BELIEFS
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.
VISION
To be recognized and respected as the leading advocate for the common interests of California’s cities.
About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities.
The League strives to protect the local authority and automony of city government and help California’s cities effectively
serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with
professional development programs and information resources, conducts education conferences and research, and publishes
Western City magazine.
© 2011 League of California Cities. All rights reserved.
About the Author
Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as
presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges
Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the
California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of
Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms
as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg
has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State
Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality
Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice
Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large
and small bodies.
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Table of Contents
About the Author ............................................................................................................ii
Introduction ....................................................................................................................2
Establishing a Quorum ...................................................................................................2
The Role of the Chair ......................................................................................................2
The Basic Format for an Agenda Item Discussion ........................................................2
Motions in General .........................................................................................................3
The Three Basic Motions ................................................................................................3
Multiple Motions Before the Body .................................................................................4
To Debate or Not to Debate ............................................................................................4
Majority and Super-Majority Votes ...............................................................................5
Counting Votes ................................................................................................................5
The Motion to Reconsider ..............................................................................................6
Courtesy and Decorum ..................................................................................................7
Special Notes About Public Input ..................................................................................7
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Establishing a Quorum
The starting point for a meeting is the establishment of a quorum.
A quorum is defined as the minimum number of members of the
body who must be present at a meeting for business to be legally
transacted. The default rule is that a quorum is one more than half
the body. For example, in a five-member body a quorum is three.
When the body has three members present, it can legally transact
business. If the body has less than a quorum of members present, it
cannot legally transact business. And even if the body has a quorum
to begin the meeting, the body can lose the quorum during the
meeting when a member departs (or even when a member leaves the
dais). When that occurs the body loses its ability to transact business
until and unless a quorum is reestablished.
The default rule, identified above, however, gives way to a specific
rule of the body that establishes a quorum. For example, the rules of
a particular five-member body may indicate that a quorum is four
members for that particular body. The body must follow the rules it
has established for its quorum. In the absence of such a specific rule,
the quorum is one more than half the members of the body.
The Role of the Chair
While all members of the body should know and understand the
rules of parliamentary procedure, it is the chair of the body who is
charged with applying the rules of conduct of the meeting. The chair
should be well versed in those rules. For all intents and purposes, the
chair makes the final ruling on the rules every time the chair states an
action. In fact, all decisions by the chair are final unless overruled by
the body itself.
Since the chair runs the conduct of the meeting, it is usual courtesy
for the chair to play a less active role in the debate and discussion
than other members of the body. This does not mean that the chair
should not participate in the debate or discussion. To the contrary, as
a member of the body, the chair has the full right to participate in the
debate, discussion and decision-making of the body. What the chair
should do, however, is strive to be the last to speak at the discussion
and debate stage. The chair should not make or second a motion
unless the chair is convinced that no other member of the body will
do so at that point in time.
The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often published agenda.
Informal meetings may have only an oral or understood agenda. In
either case, the meeting is governed by the agenda and the agenda
constitutes the body’s agreed-upon roadmap for the meeting. Each
agenda item can be handled by the chair in the following basic
format:
Introduction
The rules of procedure at meetings should be simple enough for
most people to understand. Unfortunately, that has not always been
the case. Virtually all clubs, associations, boards, councils and bodies
follow a set of rules — Robert’s Rules of Order — which are embodied
in a small, but complex, book. Virtually no one I know has actually
read this book cover to cover. Worse yet, the book was written for
another time and for another purpose. If one is chairing or running
a parliament, then Robert’s Rules of Order is a dandy and quite useful
handbook for procedure in that complex setting. On the other hand,
if one is running a meeting of say, a five-member body with a few
members of the public in attendance, a simplified version of the rules
of parliamentary procedure is in order.
Hence, the birth of Rosenberg’s Rules of Order.
What follows is my version of the rules of parliamentary procedure,
based on my decades of experience chairing meetings in state and
local government. These rules have been simplified for the smaller
bodies we chair or in which we participate, slimmed down for the
21st Century, yet retaining the basic tenets of order to which we have
grown accustomed. Interestingly enough, Rosenberg’s Rules has found
a welcoming audience. Hundreds of cities, counties, special districts,
committees, boards, commissions, neighborhood associations and
private corporations and companies have adopted Rosenberg’s Rules
in lieu of Robert’s Rules because they have found them practical,
logical, simple, easy to learn and user friendly.
This treatise on modern parliamentary procedure is built on a
foundation supported by the following four pillars:
1. Rules should establish order. The first purpose of rules of
parliamentary procedure is to establish a framework for the
orderly conduct of meetings.
2. Rules should be clear. Simple rules lead to wider understanding
and participation. Complex rules create two classes: those
who understand and participate; and those who do not fully
understand and do not fully participate.
3. Rules should be user friendly. That is, the rules must be simple
enough that the public is invited into the body and feels that it
has participated in the process.
4. Rules should enforce the will of the majority while protecting
the rights of the minority. The ultimate purpose of rules of
procedure is to encourage discussion and to facilitate decision
making by the body. In a democracy, majority rules. The rules
must enable the majority to express itself and fashion a result,
while permitting the minority to also express itself, but not
dominate, while fully participating in the process.
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Ninth, the chair takes a vote. Simply asking for the “ayes” and then
asking for the “nays” normally does this. If members of the body do
not vote, then they “abstain.” Unless the rules of the body provide
otherwise (or unless a super majority is required as delineated later
in these rules), then a simple majority (as defined in law or the rules
of the body as delineated later in these rules) determines whether the
motion passes or is defeated.
Tenth, the chair should announce the result of the vote and what
action (if any) the body has taken. In announcing the result, the chair
should indicate the names of the members of the body, if any, who
voted in the minority on the motion. This announcement might take
the following form: “The motion passes by a vote of 3-2, with Smith
and Jones dissenting. We have passed the motion requiring a 10-day
notice for all future meetings of this body.”
Motions in General
Motions are the vehicles for decision making by a body. It is usually
best to have a motion before the body prior to commencing
discussion of an agenda item. This helps the body focus.
Motions are made in a simple two-step process. First, the chair
should recognize the member of the body. Second, the member
of the body makes a motion by preceding the member’s desired
approach with the words “I move … ”
A typical motion might be: “I move that we give a 10-day notice in
the future for all our meetings.”
The chair usually initiates the motion in one of three ways:
1. Inviting the members of the body to make a motion, for
example, “A motion at this time would be in order.”
2. Suggesting a motion to the members of the body, “A motion
would be in order that we give a 10-day notice in the future for all
our meetings.”
3. Making the motion. As noted, the chair has every right as a
member of the body to make a motion, but should normally do
so only if the chair wishes to make a motion on an item but is
convinced that no other member of the body is willing to step
forward to do so at a particular time.
The Three Basic Motions
There are three motions that are the most common and recur often
at meetings:
The basic motion. The basic motion is the one that puts forward a
decision for the body’s consideration. A basic motion might be: “I
move that we create a five-member committee to plan and put on
our annual fundraiser.”
First, the chair should clearly announce the agenda item number and
should clearly state what the agenda item subject is. The chair should
then announce the format (which follows) that will be followed in
considering the agenda item.
Second, following that agenda format, the chair should invite the
appropriate person or persons to report on the item, including any
recommendation that they might have. The appropriate person or
persons may be the chair, a member of the body, a staff person, or a
committee chair charged with providing input on the agenda item.
Third, the chair should ask members of the body if they have any
technical questions of clarification. At this point, members of the
body may ask clarifying questions to the person or persons who
reported on the item, and that person or persons should be given
time to respond.
Fourth, the chair should invite public comments, or if appropriate at
a formal meeting, should open the public meeting for public input.
If numerous members of the public indicate a desire to speak to
the subject, the chair may limit the time of public speakers. At the
conclusion of the public comments, the chair should announce that
public input has concluded (or the public hearing, as the case may be,
is closed).
Fifth, the chair should invite a motion. The chair should announce
the name of the member of the body who makes the motion.
Sixth, the chair should determine if any member of the body wishes
to second the motion. The chair should announce the name of the
member of the body who seconds the motion. It is normally good
practice for a motion to require a second before proceeding to
ensure that it is not just one member of the body who is interested
in a particular approach. However, a second is not an absolute
requirement, and the chair can proceed with consideration and vote
on a motion even when there is no second. This is a matter left to the
discretion of the chair.
Seventh, if the motion is made and seconded, the chair should make
sure everyone understands the motion.
This is done in one of three ways:
1. The chair can ask the maker of the motion to repeat it;
2. The chair can repeat the motion; or
3. The chair can ask the secretary or the clerk of the body to repeat
the motion.
Eighth, the chair should now invite discussion of the motion by the
body. If there is no desired discussion, or after the discussion has
ended, the chair should announce that the body will vote on the
motion. If there has been no discussion or very brief discussion, then
the vote on the motion should proceed immediately and there is no
need to repeat the motion. If there has been substantial discussion,
then it is normally best to make sure everyone understands the
motion by repeating it.
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First, the chair would deal with the third (the last) motion on the
floor, the substitute motion. After discussion and debate, a vote
would be taken first on the third motion. If the substitute motion
passed, it would be a substitute for the basic motion and would
eliminate it. The first motion would be moot, as would the second
motion (which sought to amend the first motion), and the action on
the agenda item would be completed on the passage by the body of
the third motion (the substitute motion). No vote would be taken on
the first or second motions.
Second, if the substitute motion failed, the chair would then deal
with the second (now the last) motion on the floor, the motion
to amend. The discussion and debate would focus strictly on the
amendment (should the committee be five or 10 members). If the
motion to amend passed, the chair would then move to consider the
main motion (the first motion) as amended. If the motion to amend
failed, the chair would then move to consider the main motion (the
first motion) in its original format, not amended.
Third, the chair would now deal with the first motion that was placed
on the floor. The original motion would either be in its original
format (five-member committee), or if amended, would be in its
amended format (10-member committee). The question on the floor
for discussion and decision would be whether a committee should
plan and put on the annual fundraiser.
To Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and
debate. Accordingly, basic motions, motions to amend, and substitute
motions are all eligible, each in their turn, for full discussion before
and by the body. The debate can continue as long as members of the
body wish to discuss an item, subject to the decision of the chair that
it is time to move on and take action.
There are exceptions to the general rule of free and open debate
on motions. The exceptions all apply when there is a desire of the
body to move on. The following motions are not debatable (that
is, when the following motions are made and seconded, the chair
must immediately call for a vote of the body without debate on the
motion):
Motion to adjourn. This motion, if passed, requires the body to
immediately adjourn to its next regularly scheduled meeting. It
requires a simple majority vote.
Motion to recess. This motion, if passed, requires the body to
immediately take a recess. Normally, the chair determines the length
of the recess which may be a few minutes or an hour. It requires a
simple majority vote.
Motion to fix the time to adjourn. This motion, if passed, requires
the body to adjourn the meeting at the specific time set in the
motion. For example, the motion might be: “I move we adjourn this
meeting at midnight.” It requires a simple majority vote.
The motion to amend. If a member wants to change a basic motion
that is before the body, they would move to amend it. A motion
to amend might be: “I move that we amend the motion to have a
10-member committee.” A motion to amend takes the basic motion
that is before the body and seeks to change it in some way.
The substitute motion. If a member wants to completely do away
with the basic motion that is before the body, and put a new motion
before the body, they would move a substitute motion. A substitute
motion might be: “I move a substitute motion that we cancel the
annual fundraiser this year.”
“Motions to amend” and “substitute motions” are often confused, but
they are quite different, and their effect (if passed) is quite different.
A motion to amend seeks to retain the basic motion on the floor, but
modify it in some way. A substitute motion seeks to throw out the
basic motion on the floor, and substitute a new and different motion
for it. The decision as to whether a motion is really a “motion to
amend” or a “substitute motion” is left to the chair. So if a member
makes what that member calls a “motion to amend,” but the chair
determines that it is really a “substitute motion,” then the chair’s
designation governs.
A “friendly amendment” is a practical parliamentary tool that is
simple, informal, saves time and avoids bogging a meeting down
with numerous formal motions. It works in the following way: In the
discussion on a pending motion, it may appear that a change to the
motion is desirable or may win support for the motion from some
members. When that happens, a member who has the floor may
simply say, “I want to suggest a friendly amendment to the motion.”
The member suggests the friendly amendment, and if the maker and
the person who seconded the motion pending on the floor accepts
the friendly amendment, that now becomes the pending motion on
the floor. If either the maker or the person who seconded rejects the
proposed friendly amendment, then the proposer can formally move
to amend.
Multiple Motions Before the Body
There can be up to three motions on the floor at the same time.
The chair can reject a fourth motion until the chair has dealt
with the three that are on the floor and has resolved them. This
rule has practical value. More than three motions on the floor at
any given time is confusing and unwieldy for almost everyone,
including the chair.
When there are two or three motions on the floor (after motions and
seconds) at the same time, the vote should proceed first on the last
motion that is made. For example, assume the first motion is a basic
“motion to have a five-member committee to plan and put on our
annual fundraiser.” During the discussion of this motion, a member
might make a second motion to “amend the main motion to have a
10-member committee, not a five-member committee to plan and
put on our annual fundraiser.” And perhaps, during that discussion, a
member makes yet a third motion as a “substitute motion that we not
have an annual fundraiser this year.” The proper procedure would be
as follows:
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Motion to close nominations. When choosing officers of the
body (such as the chair), nominations are in order either from a
nominating committee or from the floor of the body. A motion to
close nominations effectively cuts off the right of the minority to
nominate officers and it requires a two-thirds vote to pass.
Motion to object to the consideration of a question. Normally, such
a motion is unnecessary since the objectionable item can be tabled or
defeated straight up. However, when members of a body do not even
want an item on the agenda to be considered, then such a motion is
in order. It is not debatable, and it requires a two-thirds vote to pass.
Motion to suspend the rules. This motion is debatable, but requires
a two-thirds vote to pass. If the body has its own rules of order,
conduct or procedure, this motion allows the body to suspend the
rules for a particular purpose. For example, the body (a private club)
might have a rule prohibiting the attendance at meetings by non-club
members. A motion to suspend the rules would be in order to allow
a non-club member to attend a meeting of the club on a particular
date or on a particular agenda item.
Counting Votes
The matter of counting votes starts simple, but can become
complicated.
Usually, it’s pretty easy to determine whether a particular motion
passed or whether it was defeated. If a simple majority vote is needed
to pass a motion, then one vote more than 50 percent of the body is
required. For example, in a five-member body, if the vote is three in
favor and two opposed, the motion passes. If it is two in favor and
three opposed, the motion is defeated.
If a two-thirds majority vote is needed to pass a motion, then how
many affirmative votes are required? The simple rule of thumb is to
count the “no” votes and double that count to determine how many
“yes” votes are needed to pass a particular motion. For example, in
a seven-member body, if two members vote “no” then the “yes” vote
of at least four members is required to achieve a two-thirds majority
vote to pass the motion.
What about tie votes? In the event of a tie, the motion always fails since
an affirmative vote is required to pass any motion. For example, in a
five-member body, if the vote is two in favor and two opposed, with
one member absent, the motion is defeated.
Vote counting starts to become complicated when members
vote “abstain” or in the case of a written ballot, cast a blank (or
unreadable) ballot. Do these votes count, and if so, how does one
count them? The starting point is always to check the statutes.
In California, for example, for an action of a board of supervisors to
be valid and binding, the action must be approved by a majority of the
board. (California Government Code Section 25005.) Typically, this
means three of the five members of the board must vote affirmatively
in favor of the action. A vote of 2-1 would not be sufficient. A vote of
3-0 with two abstentions would be sufficient. In general law cities in
Motion to table. This motion, if passed, requires discussion of the
agenda item to be halted and the agenda item to be placed on “hold.”
The motion can contain a specific time in which the item can come
back to the body. “I move we table this item until our regular meeting
in October.” Or the motion can contain no specific time for the
return of the item, in which case a motion to take the item off the
table and bring it back to the body will have to be taken at a future
meeting. A motion to table an item (or to bring it back to the body)
requires a simple majority vote.
Motion to limit debate. The most common form of this motion is to
say, “I move the previous question” or “I move the question” or “I call
the question” or sometimes someone simply shouts out “question.”
As a practical matter, when a member calls out one of these phrases,
the chair can expedite matters by treating it as a “request” rather
than as a formal motion. The chair can simply inquire of the body,
“any further discussion?” If no one wishes to have further discussion,
then the chair can go right to the pending motion that is on the floor.
However, if even one person wishes to discuss the pending motion
further, then at that point, the chair should treat the call for the
“question” as a formal motion, and proceed to it.
When a member of the body makes such a motion (“I move the
previous question”), the member is really saying: “I’ve had enough
debate. Let’s get on with the vote.” When such a motion is made, the
chair should ask for a second, stop debate, and vote on the motion to
limit debate. The motion to limit debate requires a two-thirds vote of
the body.
Note: A motion to limit debate could include a time limit. For
example: “I move we limit debate on this agenda item to 15 minutes.”
Even in this format, the motion to limit debate requires a two-
thirds vote of the body. A similar motion is a motion to object to
consideration of an item. This motion is not debatable, and if passed,
precludes the body from even considering an item on the agenda. It
also requires a two-thirds vote.
Majority and Super Majority Votes
In a democracy, a simple majority vote determines a question. A tie
vote means the motion fails. So in a seven-member body, a vote of
4-3 passes the motion. A vote of 3-3 with one abstention means the
motion fails. If one member is absent and the vote is 3-3, the motion
still fails.
All motions require a simple majority, but there are a few exceptions.
The exceptions come up when the body is taking an action which
effectively cuts off the ability of a minority of the body to take an
action or discuss an item. These extraordinary motions require a
two-thirds majority (a super majority) to pass:
Motion to limit debate. Whether a member says, “I move the
previous question,” or “I move the question,” or “I call the question,”
or “I move to limit debate,” it all amounts to an attempt to cut off the
ability of the minority to discuss an item, and it requires a two-thirds
vote to pass.
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Now, exactly how does a member cast an “abstention” vote?
Any time a member votes “abstain” or says, “I abstain,” that is an
abstention. However, if a member votes “present” that is also treated
as an abstention (the member is essentially saying, “Count me for
purposes of a quorum, but my vote on the issue is abstain.”) In fact,
any manifestation of intention not to vote either “yes” or “no” on
the pending motion may be treated by the chair as an abstention. If
written ballots are cast, a blank or unreadable ballot is counted as an
abstention as well.
Can a member vote “absent” or “count me as absent?” Interesting
question. The ruling on this is up to the chair. The better approach is
for the chair to count this as if the member had left his/her chair and
is actually “absent.” That, of course, affects the quorum. However, the
chair may also treat this as a vote to abstain, particularly if the person
does not actually leave the dais.
The Motion to Reconsider
There is a special and unique motion that requires a bit of
explanation all by itself; the motion to reconsider. A tenet of
parliamentary procedure is finality. After vigorous discussion, debate
and a vote, there must be some closure to the issue. And so, after a
vote is taken, the matter is deemed closed, subject only to reopening
if a proper motion to consider is made and passed.
A motion to reconsider requires a majority vote to pass like other
garden-variety motions, but there are two special rules that apply
only to the motion to reconsider.
First, is the matter of timing. A motion to reconsider must be made
at the meeting where the item was first voted upon. A motion to
reconsider made at a later time is untimely. (The body, however, can
always vote to suspend the rules and, by a two-thirds majority, allow
a motion to reconsider to be made at another time.)
Second, a motion to reconsider may be made only by certain
members of the body. Accordingly, a motion to reconsider may be
made only by a member who voted in the majority on the original
motion. If such a member has a change of heart, he or she may
make the motion to reconsider (any other member of the body
— including a member who voted in the minority on the original
motion — may second the motion). If a member who voted in the
minority seeks to make the motion to reconsider, it must be ruled
out of order. The purpose of this rule is finality. If a member of
minority could make a motion to reconsider, then the item could be
brought back to the body again and again, which would defeat the
purpose of finality.
If the motion to reconsider passes, then the original matter is back
before the body, and a new original motion is in order. The matter may
be discussed and debated as if it were on the floor for the first time.
California, as another example, resolutions or orders for the payment of
money and all ordinances require a recorded vote of the total members
of the city council. (California Government Code Section 36936.) Cities
with charters may prescribe their own vote requirements. Local elected
officials are always well-advised to consult with their local agency
counsel on how state law may affect the vote count.
After consulting state statutes, step number two is to check the rules
of the body. If the rules of the body say that you count votes of “those
present” then you treat abstentions one way. However, if the rules of
the body say that you count the votes of those “present and voting,”
then you treat abstentions a different way. And if the rules of the
body are silent on the subject, then the general rule of thumb (and
default rule) is that you count all votes that are “present and voting.”
Accordingly, under the “present and voting” system, you would NOT
count abstention votes on the motion. Members who abstain are
counted for purposes of determining quorum (they are “present”),
but you treat the abstention votes on the motion as if they did not
exist (they are not “voting”). On the other hand, if the rules of the
body specifically say that you count votes of those “present” then you
DO count abstention votes both in establishing the quorum and on
the motion. In this event, the abstention votes act just like “no” votes.
How does this work in practice?
Here are a few examples.
Assume that a five-member city council is voting on a motion that
requires a simple majority vote to pass, and assume further that the
body has no specific rule on counting votes. Accordingly, the default
rule kicks in and we count all votes of members that are “present and
voting.” If the vote on the motion is 3-2, the motion passes. If the
motion is 2-2 with one abstention, the motion fails.
Assume a five-member city council voting on a motion that requires
a two-thirds majority vote to pass, and further assume that the body
has no specific rule on counting votes. Again, the default rule applies.
If the vote is 3-2, the motion fails for lack of a two-thirds majority. If
the vote is 4-1, the motion passes with a clear two-thirds majority. A
vote of three “yes,” one “no” and one “abstain” also results in passage
of the motion. Once again, the abstention is counted only for the
purpose of determining quorum, but on the actual vote on the
motion, it is as if the abstention vote never existed — so an effective
3-1 vote is clearly a two-thirds majority vote.
Now, change the scenario slightly. Assume the same five-member
city council voting on a motion that requires a two-thirds majority
vote to pass, but now assume that the body DOES have a specific rule
requiring a two-thirds vote of members “present.” Under this specific
rule, we must count the members present not only for quorum but
also for the motion. In this scenario, any abstention has the same
force and effect as if it were a “no” vote. Accordingly, if the votes were
three “yes,” one “no” and one “abstain,” then the motion fails. The
abstention in this case is treated like a “no” vote and effective vote of
3-2 is not enough to pass two-thirds majority muster.
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Appeal. If the chair makes a ruling that a member of the body
disagrees with, that member may appeal the ruling of the chair. If the
motion is seconded, and after debate, if it passes by a simple majority
vote, then the ruling of the chair is deemed reversed.
Call for orders of the day. This is simply another way of saying,
“return to the agenda.” If a member believes that the body has drifted
from the agreed-upon agenda, such a call may be made. It does not
require a vote, and when the chair discovers that the agenda has
not been followed, the chair simply reminds the body to return to
the agenda item properly before them. If the chair fails to do so, the
chair’s determination may be appealed.
Withdraw a motion. During debate and discussion of a motion,
the maker of the motion on the floor, at any time, may interrupt a
speaker to withdraw his or her motion from the floor. The motion
is immediately deemed withdrawn, although the chair may ask the
person who seconded the motion if he or she wishes to make the
motion, and any other member may make the motion if properly
recognized.
Special Notes About Public Input
The rules outlined above will help make meetings very public-
friendly. But in addition, and particularly for the chair, it is wise to
remember three special rules that apply to each agenda item:
Rule One: Tell the public what the body will be doing.
Rule Two: Keep the public informed while the body is doing it.
Rule Three: When the body has acted, tell the public what the
body did.
Courtesy and Decorum
The rules of order are meant to create an atmosphere where the
members of the body and the members of the public can attend to
business efficiently, fairly and with full participation. At the same
time, it is up to the chair and the members of the body to maintain
common courtesy and decorum. Unless the setting is very informal,
it is always best for only one person at a time to have the floor, and
it is always best for every speaker to be first recognized by the chair
before proceeding to speak.
The chair should always ensure that debate and discussion of an
agenda item focuses on the item and the policy in question, not the
personalities of the members of the body. Debate on policy is healthy,
debate on personalities is not. The chair has the right to cut off
discussion that is too personal, is too loud, or is too crude.
Debate and discussion should be focused, but free and open. In the
interest of time, the chair may, however, limit the time allotted to
speakers, including members of the body.
Can a member of the body interrupt the speaker? The general rule is
“no.” There are, however, exceptions. A speaker may be interrupted
for the following reasons:
Privilege. The proper interruption would be, “point of privilege.”
The chair would then ask the interrupter to “state your point.”
Appropriate points of privilege relate to anything that would
interfere with the normal comfort of the meeting. For example, the
room may be too hot or too cold, or a blowing fan might interfere
with a person’s ability to hear.
Order. The proper interruption would be, “point of order.” Again,
the chair would ask the interrupter to “state your point.” Appropriate
points of order relate to anything that would not be considered
appropriate conduct of the meeting. For example, if the chair moved
on to a vote on a motion that permits debate without allowing that
discussion or debate.
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