Rules of Order OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
C U P E RT I N O TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
MEMORANDUM
DATE: Apri123, 2008
TO: City Council
FROM: City Manager David Knapp ~'~~,U° ~
SUBJECT: Background material for Team-Building Session
Apri129, 2008, at 4:00 p.m., Conference Room A
Attached is an excerpt from our 2008 Commissioner's Handbook which outlines Cupertino's
expectations of commissioners in conducting commission meetings.
Also attached is "A Council of Trust," a listing of principles, norms, standards, and best practices
adopted by the City of Santa Clara.
I look forward to seeing you at 4:00, and at dinner afterward at 6:30 p.m.
MEETING MANAGEMENT
The City of Cupertino is committed to operating efficient, effective and accessible
government operations. The following material outlines techniques you can use to ensure
that your commission meetings are efficiently run and give all residents an equal
opporhznity to address the issues.
A. PROCEEDINGS
1. Start meetings on time. Keep the agenda in mind in order to give each
item the appropriate time.
2. Announce at the start of a meeting if the order of agenda items is to be
rearranged for convenience, for response to those attending only for certain
items, or for better pacing of the agenda.
3. Let the Chair run the meeting.
4. Be fair, impartial, and respectful of the public, staff, and each other. Give
your full attention when others speak.
5. Learn to trust your own good judgment on decisions.
6. Remember that people may be attending a meeting for the first time, and
may be unfamiliar with your procedures. In your discussion, either avoid
or explain technical terms or verbal shorthand.
7. Listen to audience concerns. Don't engage in side conversations or
otherwise be distracted during public testimony. The opportunity for
public testimony is central to the strength of democracy, and is therefore
encouraged. Active listening, however, does not mean engaging the public
in debate. Your response is appropriately saved for after the public
testimony is closed.
S. Close the public testimony before you begin serious deliberation on an
issue.
9. Sometim~es questions can most effectively focus discussion and direct
decision-making. For example,
For staff
¦ What is the history behind this item?
¦ What are the benefits and drawbacks?
¦ What other alternatives did you consider?
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For other advisory body members:
¦ What do you think about this item?
¦ What have you heard from the residents?
¦ What would it take for you to support this?
For the public (at a hearin~:
¦ What are your concerns?
¦ How will this proposal affect you?
¦ What specific, constructive, alternatives can you recommend?
For yourself
¦ What are we trying to accomplish?
¦ What are the long-range interests of the community?
¦ What guidance can be found in our foundational documents?
~ Cupertino Municipal Code
• Budget
• Capital Improvement Program
~ General Plan
• Specific Plans
• Park Master Plans
• Council Goals
• Council and Commissions
• Brown Act
10. Often you must balance multiple views, neither favoring nor ignoring one
individual or group over another. Your obligation is to represent a broad-
based view of the community's long-range interests.
11. Remember that your commission exists to make recommendations. It is
not simply a discussion group or debating society.
12. Endeavor to end meetings by 10:00 p.m. Short breaks may be helpful
during long meetings. Meeting beyond 10:00 p.m. reduces the quality of
the commission's work.
13. Meeting Types
Commissions may meet in different types of ineeting formats including the
conventional public meeting, and study sessions. Please contact your staff
~ representative for a detailed explanation of these formats and when they
axe appropriate.
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B. DECORUM AT MEETINGS
1. Limit Speakers to ten minutes for a group or for an applicant and three
minutes for other members of the public.
2. Discourage outward signs of agreement or disagreement from the audience
such as applause or statements from the floor. Such demonstrations can
intimidate those with an opposing view and unintentionally discourage
open public discussion of all the issues and points of view.
3. Limit your own comments to the issues before commission. Avoid the
appearance of straying from the subject or "grandstanding".
C. EFFECTIVE CONFLICT MANAGEMENT
Public Hearings or citizen input meetings can be difficult to manage. Participants
are sometimes highly motivated and often nervous. When there is a group of potential
adversaries in one room, the possibility of conflict is high. As a commission member,
your role is to guide opposing views to positive results, not to eliminate them.
The following suggestions may help you manage conflict and confrontation
effectively:
¦ Anticipate differences by learning about the topic beforehand so you can
concentrate on the meeting's purposes
¦ Set meeting rules early and make sure everyone abides by them without
exception.
¦ Explain cazefully the purpose of the Public Hearing and what action is
expected at the conclusion of the hearing. Insistence on playing by the
rules is your best tool for conflict management in Public Hearings.
¦ All persons speaking should be encouraged to clearly identify themselves,
not only for the record, but also so that you may address them by naxne.
¦ Set an acceptable time limit for testimony (generally three minutes) and
stick to it.
¦ Make decisions as promptly as possible. Many bodies get so bogged down
in procedural distractions, periy details and endless searches for more
information that the issue never seems to get resolved.
¦ Don't overreact to inflammatory comments. Most are expressions of
frustration and do not require answers. Turn frustration to constructive
avenues. Ask questions. Be as specific as you can. Refer to the speaker
by name. Reinforce areas where you agree. Do not return insult for insult.
Very often, the primary audience for your response is not the person who
raised the issue.
¦ Avoid speaker-to-audience conversation. The purpose of a hearing is to
help your commission arrive at a decision, not to engage in audience
debate.
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¦ If other members have questions of the speaker, permit these questions
only during the speaker's time at the podium.
¦ Be careful not to prejudge the action of the commission. Use the hearing
to gather necessary information about the project and individual desires
concerning the proposal. Members should not express their views on the
proposal until after testimony has ended. Their comments and questions
should not suggest a position one-way or the other.
¦ Once testimony has ended, each member should be invited to discuss
individual views on the proposal.
¦ View the Public Hearing as an example of participatory government in
action at the local level. Make it your personal goal to make the Public
Hearing work and ensure that everyone is fairly heard.
D. BASIS FOR YOUR DECISION
1. Commission decisions should be based principally on the information
presented to you in the open public meeting process. If you collect
pertinent information outside of the public process through a meeting with
stake holders or site visits, you should share that information with your
fellow commissioners in the public meeting. This sharing of information
will ensure that other commissioners and members of the public have a
better understanding of the rationale for your decision.
2. Commissioners are free to meet or refuse to meet with residents, resident
groups, developers or prospective contractors or any persons outside of the
public meeting process concerning issues before the commission. If you
meet with any individuals outside of the public meeting you should
disclose the content of that meeting in the public meeting to again ensure
that everybody is aware of the facts and have similar information up on
which to base their decision.
E. MOTIONS
When a member wishes to propose an idea for the body to consider, the member
must make a motion. This is the only way an idea or proposal from a member may be
presented to the body for discussion and possible action. A motion goes through the
following steps:
1. The member asks to be recognized by the chair.
2. After being recognized, the member makes the motion (I move...).
3. Another member seconds the motion. No discussion should occur until
the chair determines whether there is a second to the motion on the floor.
4. The chair states the motion and asks for discussion.
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5. When the chair feels there has been sufficient discussion, the debate is
closed (i.e., "Are you ready for the question? or "Is there any further
discussion?").
6. If no one asks for permission to speak, the chair puts the question to vote
through consensus or roll ca11 vote.
7. After the vote, the chair announces the decision ("The motion is carried"
or "The motion fails", as the case may be).
Phrasin~ a motion is often difficult and corrections may be necessary
before it is acted upon. Ltntil the Chair states the motion (step 4), the member making the
motion may rephrase or withdraw it. After an amendment, the motion as amended still
must be seconded and then voted upon. It is particularly important when a motion is
amended that the Chair restate the motion in order that members are clear as to what they
are voting on. •
In making a motion, members should try to avoid including more than one
proposal in tlie same motion. This is especially important when members are likely to
disagree. If a member would prefer to see proposals divided and voted upon separately,
the member should ask the chair to divide the motion. If other members do not object,
the chair may proceed to treat each proposal as a distinct motion to be acted upon
separately. The request to divide may also be made by motion.
F. ROLE OF CHAIR
The Chair shall preserve order and decorum at all meetings of the advisory body,
announce the advisory body decisions, and decide questions of order. The Chair is
responsible for ensuring the effectiveness of the group process. A good Chair balances
moving the discussion forward with involving all commissioners and allowing for
adequate public participation. In the absence of the Chair the Vice chair shall act as
presiding officer.
G. RESPONSIBILITIES OF CHAIR
¦ Ensure that the public understands the nature of the issue being discussed
(for example, reason for discussion, process to be followed, opportunities
for public input, timeline for decision).
¦ Keep discussion focused on the issue at hand.
¦ Solicit opinions from commissioners. Encourage evaluation of new,
tentative, or incomplete ideas. Discourage overly dominant advisory body
members from having disproportionate control over the discussion.
¦ Protect advisory body members, staff, and the public from personal
attacks.
¦ Provide structure for addressing complicated issues.
¦ For major items, delay analysis and action until the full range of
alternatives is on the table.
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¦ Attempt to reach decisions expeditiously on action items. At those times
when action would be premature, guide discussion toward a timeline or
framework for responsible action.
¦ Maintain order and ensure respect for all opinions.
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A COUNCIL OF TRUST
PRINCIPLES, NORMS, STANDARDS, AND BEST PRACTICES
At the Monday, July 29, 2002 Special Meeting on "Managing Change," the Council discussed
managing change brought about by the implementation of The Code of Ethics and Values. The
Council's goal was to draft a set of norms to guide those running for elected office. By the end of
the session, the Council had described "running for o~ce and living our values~ as looking like:
1. Following These Guiding Principles
• Look at the law and also at "the right thing to do."
• Hold yourself and each other to the higher standard.
• Honor the common good. Represent community.
• Separate role as Council member from role as candidate. Honor your role as a Council
member. Act as a member of the Council Team.
• Assume all are here for service of city.
• Think strategically. Educate.
• Communicate consistently that ethics is upfront in this campaign.
2. Using These Specific Norms and Standards
• Don't jump to conclusions.
• Avoid finger- pointing.
• Stick to the issues.
• Tell the truth. Don't mislead.
• Rely on facts and interpret them as fairly as you can.
• Avoid impression of representing city, overstating our contributions.
• Don't assume you know someone else's motive. Attribute positive motive of service to
community.
• Treat others with respect. Golden Rule ("Treat others as you would want to be treated.°
Alternately: "What you do not wish done to yourself, do not do to others.")
• Respect the process.
• Respect City resources
3. Adopting These Best Practices
• Wait. Get Facts.
• Talk to each other. Go directly to the other person. Discuss.
• Arrive at ground-rules with your opponents beforehand, if at all possible.
• Communicate your ethics clearly ahead of time to your staff and workers.
• Make clear to all Third Parties how you're running your campaign and what you'll do if
anyone distorts that or attacks an opponent in an unethical manner.
• Appoint and empower a staff conscience to help when time is short and stressed.
• Ask the ethics questions by habit: Use the decision-making tool, and especially ask: How
does this decision advance the City's values in best practice? What ethics reasons make
this the right thing to do?
• Use ethics language to explain your decisions.
• Have something written stand "the test of time."
• Be able to look at yourself in the mirror at the end of the day...and set a high standard for
what you want to see.
The Council agreed that these practices would create behavior that they and others would trust,
thus the "Council of TrusY'.
Managing Change Special Meeting 7/29/02 City of Santa Clara Manning/Shanks/Amish 1