HomeMy WebLinkAboutMinutes - October 29, 2019 SSLODI CITY COUNCIL
SHIRTSLEEVE SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, OCTOBER 29, 2019
A. Roll Call by City Clerk
An Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was held
Tuesday, October 29, 2019, commencing at 7:02 a.m.
Present: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, and
Mayor Pro Tempore Kuehne
Absent: Mayor Chandler
Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo
NOTE: Council Members Johnson and Mounce participated in the meeting via teleconference.
B. Topic(s)
B-1 Receive Presentation Regarding Lodi Jail by Police Department (PD)
Police Captain David Griffin provided a PowerPoint presentation regarding an overview of the
Lodi Police Department jail. Specific topics of discussion included construction, budget,
operations, arrests, officer time, citing in the field vs. transporting to jail, and Sheriff's use of
facility.
Council Member Nakanishi stated he is pleased Lodi has its own jail because it is cost effective, it
keeps more officers on the street, and it has a sobering cell. He see no negatives of Lodi
operating the jail.
Council Member Mounce concurred, stating that Lodi having its own jail is a huge asset and any
negatives are far outweighed.
Mayor Pro Tempore Kuehne stated he was pleasantly surprised about the net costs, the numbers
are quantifiable, and it keeps officers on the streets, which in turn keeps citizens safe.
Deputy City Manager Keys stated the cost is probably less because not all of the benefits were
added, and City Manager Schwabauer added the City uses retirees for additional City services
but can only use them for 50 percent of the time due to limitations relating to total number of
working hours. Further, he stated there is significant competition to find officers due to the
demand for parks officers, training officers, and background investigators.
B-2 Review Proposed City Council Protocol Manual Amendments and New “Commissioner’s
Handbook: A Guide for Community Volunteers” (CLK)
City Clerk Ferraiolo provided a PowerPoint presentation regarding proposed amendments to the
City Council Protocol Manual and introduction of the new "Commissioner's Handbook: A Guide
for Community Volunteers." Specific topics of discussion included history of the City Council
Protocol Manual, a review of the proposed changes to the Manual, introduction and purpose of
the Commissioner's Handbook, steps taken, recommendation, and next steps.
Council Member Mounce suggested Council reconsider the selection process of Mayor and
Mayor Pro Tempore and change it to be based on highest number of votes versus a Council vote.
She further questioned if the Commissioner's Handbook includes verbiage addressing social
media or letters to the editor by City commissioners. Ms. Ferraiolo stated the City Attorney is
currently working on a Social Media Policy and, once adopted by Council, it can be added to the
1
Handbook.
Council Member Nakanishi stated it may be difficult to select the Mayor and Mayor Pro Tempore
by highest vote, particularly with by-district elections, and pointed out that Councils may want
flexibility at times in selecting a Mayor.
Mayor Pro Tempore Kuehne suggested adding an annual reporting requirement on City Council
attendance at Council meetings, as well as attendance at regional boards to which they are
appointed, similar to the attendance reporting of City commissioners, in effort to be more
transparent to the public.
Council Member Mounce expressed opposition to this suggestion as some members are
appointed by Council to serve on regional boards, while others such as herself serve on
boards, including the League of California Cities, that do not require Council appointment and
would, therefore, not be tracked.
Council Member Nakanishi concurred with Council Member Mounce's concern.
Ms. Ferraiolo suggested that, instead of reporting on both Council meetings and regional board
meetings, the Manual could be amended to include a reporting requirement only on Council
attendance at City Council meetings and Shirtsleeve Sessions.
C. Comments by Public on Non-Agenda Items
None.
D. Adjournment
No action was taken by the City Council. The meeting was adjourned at 7:41 a.m.
ATTEST:
Jennifer M. Ferraiolo
City Clerk
2
LPD Jail Overview
July 1, 2018
Through
July 1, 2019
Jail Construction
•Jail Constructed in 2004
–Cost- $1,440,824
•Limit transport costs
•72 hour hold potential
•Plan for future court
Budget
•LPD Jail Total Budget- $660,411
–Personnel
–Salary- $598,760- Jailers also work dispatch duties w/ jail duties
–Overtime- $17,398
–Training- $7,794
–Misc. Expenses- $55,083
•Food, Medical supplies, Laundry, Janitorial Supplies, Computer access fees, blood draw expenses, arrestee toiletries
–Revenue- $18,625 –Advertising, collect phone calls
–Cost Avoidance
•Booking Fees- $275,000
•Officer Salary-$225,000
Net Cost of Jail Operations-$141,786
Jail Operations
•Staffed 24/7 with 1 dispatcher/jailer
–Duties
•Booking, medical screening, fingerprinting and
photographing, classification, property inventory
•Medication dispensing
•Meal service, visitation supervision
•Release
•Cell checks
•Answer phone calls, lunch relief, other duties as
assigned
Arrests
•Misdemeanor Arrests- 2,751
•Felony Arrests- 873
•Total Arrests - 3,624 = 10.17 arrests per day
which include cites in the field and jail
bookings
•2,504 arrestees booked into the jail = 7.03
booked in the jail per day.
–Arrestees spent 4,144 cumulative days in LPD jail
Officer Time
•Transport and booking time for one officer to
and from county jail:
–Drive time roundtrip – 1 hour
–Booking time – 15-? minutes based on waiting
time.
•2,504 arrests X 75 minutes = 187,800 min. = 3,130
officer hours
DUI arrests- Blood draw done at jail by AMR. If no jail
then officers transport to Lodi Memorial Hospital and
have unknown wait times.
Misd. Citing in the field vs. transport to
jail
•Leaves arrestee at scene of crime vs. removes
them
•Positively identifying the arrestee via booking
photo or fingerprints
•Helps deter crime
•Sobering Cell
Sheriff’s Use
•House arrestees for court
•Don’t charge us for booking fees
–$113/booking arrestee if over 3 yr. avg
•Transports our arrestees to their jail during
daytime hours alleviating our officers from
transporting them
•Takes our arrestees to court
City Council Protocol Manual
Prepared by:
Office of the City Clerk
City of Lodi
221 W. Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
cityclerk@lodi.gov
EXHIBIT A
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TABLE OF CONTENTS
1. PURPOSE
2. STATUTORY REQUIREMENTS/REGULATIONS
2.1 The Brown Act
2.2 Political Reform Act
2.3 Lodi Municipal Code (LMC)
2.4 LMC Chapter 2.04 Relating to Council Meetings
2.5 Rules of Conduct of Meetings, Proceedings, and Business
(Res. 2006-31)
2.6 City of Lodi Administrative Policy Manual
2.7 Code of Ethics & Values (Res. 2004-115)
2.8 AB1234 Mandatory Ethics Training
2.9 AB1661 Sexual Harassment Prevention Training
3. COUNCIL ORGANIZATION
3.1 Newly-Elected Members
3.2 Reorganization
3.3 Selection of Mayor and Mayor Pro Tempore
3.4 Duties of Mayor and Mayor Pro Tempore
3.5 Seating Order
3.6 Representation at Ceremonial Functions
3.6a Issuance of Proclamations and Certificates, Presentation of
Gifts, and Public Recognition
4. COUNCIL ADMINISTRATION
4.1 Salaries and Benefits
4.2 Travel and Expense Reimbursements
4.2a City of Lodi Travel Policy (Res. 2016-1752019-172)
4.2b Appointment of Delegate/Alternate to National League of Cities
and League of California Cities Annual Conferences
(Res. 2015-184)
4.3 Protocol Account Policy (Res. 2000-126)
4.4 Appointment of City Council Appointees (LMC Title 2)
4.5 Evaluation of City Council Appointees (Res. 2002-224)
5. COMMISSIONS
5.1 Commissions
5.2 Board, Committee, and Commission Appointment and Removal
5.3 Commission Responsibility
5.4 Council Contact with Commissions
5.5 Ad Hoc Committees and Task Forces
5.6 Annual Recognition Reception
5.7 Council Service on Commissions
5.8 Regional Boards
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6. MEETING GUIDELINES & PROCEDURES
6.1 Attendance / Quorum
6.2 Meeting Dates and Location
6.2a Regular Meetings & Informal Informational (Shirtsleeve) Sessions
6.2b Special/Joint/Adjourned/Emergency Meetings
6.3 Agenda / Council Meeting
6.3a Agenda Packet Preparation
6.3b Placing Items on the Agenda
6.3c Order of Agenda Items
6.3d Agenda Posting
6.3e Americans with Disabilities Act Statement and Language
Interpreter
6.3f Limitation to Act Only on Items on the Agenda
6.3g Supplemental Information (“Blue Sheet” Items)
6.3h Closed Session
6.3i Invocations/Calls to Civic Responsibility
6.3j Presentations
6.3k Consent Calendar
6.3l Public Comments
6.3m Council Comments on Non-Agenda Items
6.3n Public Hearings
6.3o Regular Calendar
6.3p Ordinances
6.3q Resolutions
6.3r Minute Motion
6.3s Agency Meetings (LPIC, IDA, LFC, LPFARDA)
6.3t Council Communications / Staff Reports
6.3u Submitted Materials at or Before Meetings are Public Records
6.3v Electronic Mail Communications, Prohibited during
Meetings
6.3w Minutes
6.4 Rules of Conduct
6.4a Discussion Rules
6.4b Council Comments (Related to Items on the Agenda)
6.4c Speaker Time Limits
6.4d Council Questions of Speakers
6.5 Decorum
6.5a Council Members / Council Appointees
6.5b City Employees
6.5c Public
6.5d Noise in the Chambers
6.6 Use of Council Chambers
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7. COMMUNICATIONS
7.1 Processing and Delivering of City Council Mail by City Clerk’s Office
7.2 Council Calendar
7.3 Citizen Complaint Process
7.4 Use of City Letterhead or City Seal
7.5 Communications with Staff
7.6 Complaints Regarding Performance of Staff
7.7 Handling of Litigation / Confidential Information
7.8 Representing Majority vs. Individual Opinion
7.9. Legislative Communications at the Request of City-Affiliated
Organizations
8. CONFLICT OF INTEREST / ECONOMIC DISCLOSURE REQUIREMENTS
FOR PUBLIC OFFICIALS
8.1 Conflict of Interest
8.2 Statements of Economic Interest
8.3 Make and Participate in Making a Decision
8.4 Provision of Advice from City Attorney Regarding Conflict of Interest
8.5 Using Official Position to Influence
APPENDIX: Reference Table of Amendments
EXHIBIT A: Chapter 2.04, “City Council Meetings”
EXHIBIT B: Resolution 2006-31 Establishing Rules for the Conduct of Meetings,
Proceedings and Business
EXHIBIT C: Resolution 2004-115 Adopting City of Lodi Code of Ethics and Values
EXHIBIT D: Resolution 2009-146 Adopting Policy Regarding Legislative Invocations
Before Meetings of the Lodi City Council
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CITY COUNCIL PROTOCOL MANUAL
1. PURPOSE
The purpose of establishing the City Council Protocol Manual is to provide
guidelines for the City Council to conduct its business in an orderly,
consistent, and fair manner.
The protocols set forth herein are not intended to limit the inherent power
and general legal authority of the City Council. Any of the protocols herein
may be waived by a majority vote of the Council Members when it is deemed
that there is good cause to do so based upon the particular facts and
circumstances.
The protocols shall be amended by a majority vote of the Council Members
and may be amended administratively by the City Clerk’s Office in order to
remain current with federal, state, and local law.
2. STATUTORY REQUIREMENTS/REGULATIONS
Certain state laws and other established regulations exist, which govern
various responsibilities of the City Council. This protocol manual is not
intended to duplicate, fully articulate all requirements, or repeal any existing
statutes or regulations. City Council Members are responsible for becoming
familiar with these statutes and regulations.
2.1 The Brown Act
The Ralph M. Brown Act provides that all meetings of a legislative
body, whether meetings of the City Council or its appointed
commissions and committees, shall be open and public and all persons
shall be permitted to attend. Notices of such meetings must be made
72 hours prior to the meeting (or 24 hours in the case of a special
meeting). A “meeting” takes place whenever a quorum is present and
subject matter related to the City business is heard, discussed, or
deliberated upon. Rules also exist to prevent efforts to thwart these
requirements by using intermediaries or multiple conversations to
achieve collective concurrence.
2.2 Political Reform Act
The Political Reform Act states that public officials shall perform their
duties in an impartial manner, free from bias caused by their own
financial interests or the financial interests of persons who have
supported them. The Political Reform Act establishes regulations
regarding conflicts of interests and campaign receipts and
expenditures.
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2.3 Lodi Municipal Code (LMC)
The Lodi Municipal Code consists of those codified ordinances of
general municipal regulations and laws of the City of Lodi.
2.4 LMC Chapter 2.04 Relating to Council Meetings
LMC Chapter 2.04, “City Council Meetings,” (Exhibit A), sets forth the
Regular Meeting and Shirtsleeve Session dates, times, and location
and further establishes rules for the conduct of City Council meetings.
(Attached as Exhibit A)
2.5 Rules of Conduct of Meetings, Proceedings, and Business
(Res. 2006-31)
Resolution No. 2006-31 (Exhibit B), adopted by the Lodi City Council
on February 15, 2006, establishes rules for the conduct of City Council
meetings, proceedings, and business. (Attached as Exhibit B)
2.6 City of Lodi Administrative Policy Manual
The Administrative Policy Manual consolidates all administrative
policies and procedures of a general or inter-departmental nature into
one document. Administrative regulations meet the following criteria:
1) are directed toward an ongoing City process or procedure; 2) are
limited to one major subject area; and 3) are applicable to more than
one City department. Administrative regulations are issued from the
City Manager’s Office.
2.7 Code of Ethics & Values (Res. 2004-115)
Resolution No. 2004-115 (Exhibit C), adopted by the Lodi City Council
on June 2, 2004, sets forth the code of ethics and values for Lodi City
Council Members and City Council appointees.
The proper operation of democratic government requires that decision-
makers be independent, impartial, and accountable to the people they
serve. The City of Lodi has adopted this code of ethics and values to
promote and maintain the highest standards of personal professional
conduct in the City’s government. (Attached as Exhibit C)
2.8 AB1234 Mandatory Ethics Training
Government Code sections 53235 and 53235.1 state that, if a local
agency provides compensation, salary, or a stipend to a member of a
legislative body or reimbursement for expenses incurred by a member
of a legislative body in the performance of official duties, then all local
agency officials shall receive two-hour training in ethics. The City of
Lodi provides a training opportunity in December of even-numbered
years; the League of California Cities and other agencies offer training
opportunities through conferences; and on-line training is available
through sources such as the Fair Political Practices Commission and
Institute of Local Government.
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The City Council mandates that the following positions, commissions,
and/or individuals are required to receive ethics training upon being
hired or appointed and by December 31 of even-numbered years
thereafter: City Council Members; City Council Appointees (i.e. City
Manager, City Attorney, City Clerk); Executive Managers; and
members of all boards and commissions (EXCEPTION: Greater Lodi
Area Youth Commissioners ~ Student Appointees).
2.9 AB1661 Sexual Harassment Prevention Training
AB1661 (Government Code sections 53237-53237.5) requires local
agency officials, including Council Members, to receive two hours of
sexual harassment prevention training and education within the first
six months of taking office and every two years thereafter if the
agency provides any type of compensation, salary, or stipend to those
officials. The City of Lodi may provide training opportunities
periodically and the League of California Cities and other agencies offer
training opportunities through conferences.
3. COUNCIL ORGANIZATION
3.1 Newly-Elected Members
Newly-elected Council Members are sworn into office generally at the
first regular Council meeting in December following certification of the
general a regular municipal election by the San Joaquin Registrar of
Voters. Immediately upon election (even before being sworn into
office), newly-elected Council Members are subject to the provisions of
the Brown Act. Newly-elected Council Members shall not be allowed to
attend closed sessions before being sworn into office.
3.2 Reorganization
Pursuant to Lodi Municipal Code Section 2.04.070, “Presiding officer—
Mayor—Mayor Pro Tempore,” the reorganization of the Council shall
occur annually at the first regular Council meeting in December by
electing a Mayor and Mayor Pro Tempore. On election years, the
reorganization will occur at the regular Council meeting in December
at which the San Joaquin Registrar of Voters’ certification of the
general municipal election happens.
A community reception honoring the incoming Mayor, outgoing Mayor,
and Council Members is traditionally held immediately following the
reorganizational meeting.
3.3 Selection of Mayor and Mayor Pro Tempore
The term of office for the Mayor and Mayor Pro Tempore shall be one
year. A majority vote of the Council is necessary to designate a Mayor
and Mayor Pro Tempore. The election of the Mayor and Mayor Pro
Tempore will take place as follows:
City Clerk will conduct the election for the office of Mayor.
Following the election, the City Clerk will turn over the gavel to the
newly-elected Mayor, who will then conduct the election for the
office of Mayor Pro Tempore.
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The vote is taken in the order the nominations are made with the first
individual receiving a majority vote being elected to the office of Mayor
or Mayor Pro Tempore.
3.4 Duties of Mayor and Mayor Pro Tempore
The Mayor shall preside at the meetings of the Council. If he/she is
absent or unable to act, the Mayor Pro Tempore shall serve until the
Mayor returns or is able to act.
In the absence of the Mayor and Mayor Pro Tempore, the City Clerk
shall call the Council to order, whereupon a temporary Chairperson
shall be elected by the members of the Council present.
The Mayor meets with the City Manager, Deputy City Manager, City
Attorney, and City Clerk one week prior to Council meetings to review
the draft agenda.
(Refer to LMC Section 2.04.070, “Presiding officer—Mayor—Mayor Pro
Tempore,” LMC Section 2.04.080, “Call to order—Temporary chairman,” and
Res. 2006-31 for additional duties of Mayor and Mayor Pro Tempore.)
3.5 Seating Order
Following the Council reorganization, the City Clerk shall designate the
seating order for the Council dais.
3.6 Representation at Ceremonial Functions
The Mayor shall represent the Council at ceremonial functions. The
Mayor may, at his/her own discretion, ask another Council Member to
represent the Council at the function.
Council Members shall be reimbursed for admission, meal expenses,
and mileage to attend ceremonial functions, for which the Council
Member was invited to represent the City, pursuant to the City of Lodi
Travel and Business Expense Policy.
3.6a Issuance of Proclamations and Certificates, Presentation of
Gifts, and Public Recognition
PROCLAMATIONS AND CERTIFICATES OF RECOGNITION OR
APPRECIATION: All requests for proclamations and certificates
are subject to approval by and prepared on behalf of the Mayor.
Proclamations and certificates are signed by the Mayor, and are
prepared in response to the type of recognition requested
(which may include recognition of individuals, groups, and
events of significance to the Lodi community). Proclamations
and certificates may be presented at a City Council meeting or
at an outside event or meeting. Typically, requests are honored
for presentation at a Council meeting only if a local
representative from the requesting agency can appear to
accept the certificate.
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PRESENTATION OF GIFTS: Requests for plaques, gifts, awards,
or other Protocol Account expenses shall be approved by the
Mayor, or by the City Council should the amount be over
$1,000 (refer to Res. 2000-126, “Protocol Account Policy”).
IN MEMORY OF: A meeting may be dedicated adjourned in
memory of an individual at the direction of the Mayor or
Member of the City Council. The announcement will be made
following roll call. If the meeting is dedicated, tThe individual’s
family will be mailed a letter by the City Clerk’s Office
acknowledging the dedicationadjournment.
4. COUNCIL ADMINISTRATION
4.1 Salaries and Benefits
Council salaries are established by LMC Chapter 2.08, “City Council
Salaries.” Government Code section 36516 provides specific
restrictions for adjusting Council salaries. Council Members shall be
entitled to certain benefits, as outlined in Resolution No. 2018-254,
which was adopted on December 19, 2018.
4.2 Travel and Expense Reimbursements
The Council shall establish an annual budget for conferences,
meetings, training, and representation at ceremonial functions. Council
Members shall attend these functions at his/her own discretion for
purposes of improving comprehension of and proficiency in municipal
affairs and/or legislative operations.
The Mayor will be allocated an additional $500 per year for
representation expenses.
The expenses of spouses who accompany public officials in the conduct
of their public duties cannot be reimbursed (75 Cal. Op. Att’y. Gen. 20
(1992)).
4.2a City of Lodi Travel Policy (Res. 2016-1752019-172)
Council Members shall be subject to the City of Lodi Travel
Policy as adopted by the Lodi City Council on September 21,
2016August 21, 2019.
4.2b Appointment of Delegate/Alternate to National League of Cities
and League of California Cities Annual Conferences
(Res. 2015-184)
Pursuant to Resolution No. 2015-184, adopted by the Lodi City
Council on October 21, 2015, the Mayor shall serve as the
voting delegate and the Mayor Pro Tempore shall serve as the
voting alternate for all National League of Cities and League of
California Cities annual business meetings. If a Council
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Member, however, serves on the League of California Cities
(LCC) Executive Board of Directors, the LCC Central Valley
Division Board of Directors, or in any other League capacity,
priority shall be given to that individual to be designated as the
Voting Delegate. In the event that the Mayor, Mayor Pro
Tempore, and/or a Council Member serving on an LCC Board
does not attend, the Mayor shall make the selection of the
Voting Delegate and/or Voting Alternate.
4.3 Protocol Account Policy (Res. 2000-126)
Pursuant to Resolution No. 2000-126, adopted by the Lodi City Council
on July 19, 2000, expenses used for such occasions as Council
receptions and business luncheons, joint dinner meetings with various
agencies and organizations, and supplies associated with Mayoral
duties (e.g. plaques and awards, sympathy and congratulation tokens,
etc.) require specific City Council approval, if over $1,000. A monthly
itemized report of the Protocol Account shall be provided to the City
Council by the City Clerk.
4.4 Appointment of City Council Appointees (LMC Title 2)
Pursuant to LMC Section 2.12.010, “Office established—Appointment—
Qualifications,” the office of City Manager is established, which shall be
appointed by the City Council solely on the basis of his/her executive
and administrative qualifications. The powers and duties of the City
Manager are set forth in LMC Section 2.12.060, “Powers and duties
generally.”
Pursuant to LMC Chapter 2.13, “City Clerk,” the City Clerk shall be
appointed by the City Council, which shall prescribe the qualifications,
additional duties, and compensation of the City Clerk. The powers and
duties of the City Clerk are further set forth in LMC Chapter 2.13, as
well as those specified in California Government Code §40801 et seq.
and other state and local statutes.
Pursuant to LMC Chapter 2.14, “City Attorney,” the City Attorney shall
be appointed by the City Council and shall serve as legal counsel to the
City government and all officers, departments, boards, commissions,
and agencies thereof. The powers and duties of the City Attorney are
further set forth in LMC Chapter 2.14, as well as those prescribed by
state law and by ordinance or resolution of the City Council.
4.5 Evaluation of City Council Appointees (Res. 2002-224)
Pursuant to Resolution No. 2002-224, adopted by the Lodi City Council
on November 6, 2002, the City Council shall conduct Council
Appointees’ evaluations annually over the course of two City Council
closed session meetings.
The purpose of Council Appointee evaluations is to: 1) motivate
Appointees to work at their highest capacity by jointly establishing job
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standards and objectives, review progress toward achieving those
results, and subsequently plan the Appointee’s future development;
2) determine an Appointee’s performance level to assist in making
appraisals for merit pay increases and disciplinary actions; and
3) serve as a means of communication between City Council and the
Appointee.
5. COMMISSIONS
5.1 Commissions
City commissions (which hereinafter include standing Council-
appointed boards, commissions, and committees) serve as advisory
bodies to facilitate public input and citizen participation in the
determination of public policies. This is accomplished by formulating
recommended courses of action and policy to the City Council with
whom final determination rests. The Planning Commission
(LMC Chapter 2.16, “Planning Commission”) has authority to make
final determination in applicable circumstances (see LMC Title 17,
“ZoningDevelopment Code”).
5.2 Board, Committee, and Commission Appointment and Removal
Appointment
Resolution No. 2003-156, adopted by the Lodi City Council on August
20, 2003, establishes the policy regarding appointment of persons to
membership on a City board, committee, and commission (hereinafter
“Commission”). Commission applicants, with the exception of the
Greater Lodi Area Youth Commission, must be registered voters of
San Joaquin County;, Lodi Arts Commission applicants must be
registered voters of the City of Lodi (Res. 2017-208); and Site Plan
and Architectural Review Commission Committee applicants must be
registered voters of the City of Lodi. Pursuant to LMC Section
2.16.010, “Established—Appointment,” Planning Commission
applicants must be registered voters of the City of Lodi. Those
applicants not meeting this these requirements will be notified by the
City Clerk’s Office that their application does not meet specifications
and cannot be considered for appointment. Applications are to be
accepted by the City Clerk for 30 days and shall remain valid and on
file for one year. Exception: Full-time and part-time City employees
are prohibited from serving on a commission.
Those seeking appointment to a commission must submit an
application to the City Clerk’s Office. Those commissioners whose
terms have expired must submit a new application (terms are not
automatically renewed), and the City Clerk will notify said
commissioners with a letter and new application form. Following the
close of the 30-day application period, copies of all applications will be
provided to Council Members for informational purposes, as well as to
the appropriate staff liaisons, who will be asked to provide feedback on
each candidate, including those seeking reappointment.
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The Mayor shall conduct interviews and submit recommendation(s) for
appointment to the City Clerk’s Office for placement on the City
Council agenda for motion action. Exception: The Greater Lodi Area
Youth Commission may conduct independent interviews of all
applicants, providing the Mayor with a ranking of the top ten, which
he/she shall use in selecting qualified candidates.
Following Council appointment, the successful candidate(s) will be
notified by the City Clerk’s Office via letter of the appointment, and
Conflict of Interest ~ Form 700 filing obligation (if required),
mandatory AB1234 ethics training and compliance, Oath of Office
form, and Commissioner’s Handbook. Copies of the letter and
completed application form(s) will be forwarded to the appropriate
staff liaison, who will contact the successful candidate(s) regarding
meeting dates and times and responsibilities. The City Clerk’s Office
will notify the unsuccessful candidates of the outcome and confirm the
status of their application (i.e. currently valid; has or about to expire;
etc.).
The appointed commissioners assume office at the time the Oath of
Office form is completed and submitted to the City Clerk’s Office.
Newly-appointed commissioners are not permitted to participate in
commission meetings or activities until the Oath is filed. Failure to
comply with this requirement within 30 days will cause the seat to be
unfilled, and the City Clerk shall post for the vacancy at the next
regularly-scheduled Council meeting pursuant to these guidelines.
Appointed commissioners serve without compensation except as
Council may prescribe from time to time by resolution or ordinance.
(EXCEPTION: Planning Commissioners receives compensation pursuant
to LMC Section 2.16.020 – Compensation.)
Appointees to all City boards and commissions are required to receive
mandatory AB1234 ethics training within 30 days of appointment (and
by December 31 of even-numbered years thereafter) and submit a
completed Proof of Participation Certificate to the City Clerk
(EXCEPTION: Greater Lodi Area Youth Commissioners ~ Student
Appointees). The City Clerk shall notify appointed commissioners via
letter of available training opportunities. Appointees cannot receive
compensation, stipend, or training reimbursement until AB1234 ethics
training is completed. Failure to comply with the mandatory ethics
training will result in the appointee’s removal from the commission.
Some appointees will be required to complete a Conflict of Interest ~
Form 700 ~ Assuming Office Statement within 30 days of taking office.
The City Clerk shall notify appointees of this filing requirement and
provide the necessary forms. Those who do not comply with the Form
700 obligation will be subject to applicable rules, penalties, and fines
as set forth by the Fair Political Practices Commission. Filers have the
option to file electronically through the City’s electronic filing system,
NetFile; however, to ensure reporting continuity, once a statement,
report, or other document is filed electronically on behalf of any filer,
all future reports and other documents filed on behalf of that filer must
be filed electronically.
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Commissioners appointed to a vacated seat or unexpired term shall
serve out the remainder of the term, unless said term is due to expire
within six months of the appointment date. In that case, the term shall
automatically be extended by the commission’s stated term limit.
Removal
A personAn individual appointed by the City Council to a commission
shall continue to serve as a member thereof except when:
1. The person's individual’s term of office expires and a different
person individual has been appointed. If the incumbent individual
applied for reappointment, he/she may continue to serve in the office
until appointment of a different individual is made, even after the term
expires. If not, the incumbent may only serve until the expiration date
of the term of office.
2. The person individual voluntarily resigns from the commission.
3. The person individual no longer resides and/or is a registered voter
within the required jurisdiction.
4. The person individual fails to attend three (3) consecutive meetings
of the commission and does not have prior approval for said absences
by way of a majority action of the commission. In such case, the
commission shall vote to recommend that Council remove the member
and post for the vacancy, which the City Clerk will submit to Council at
its next regularly-scheduled meeting.
5. The individual fails to comply with the mandatory AB1234 ethics
training by December 31 of even-numbered years. In such case, a
non-compliance letter will be mailed the first week of January by the
City Clerk to the individual providing 30 days to conform and submit
the certification. At the conclusion of the 30-day period, the City Clerk
will notify the individual that if the required training and certification is
not completed within 10 days, the seat will be vacated and the City
Clerk will place an item on the next regularly-scheduled City Council
agenda to declare the position vacant and post for the open seat.
A majority vote of the City Council may remove any member of a
commission for any reason including, but not limited to, incompetence,
inability to work productively with fellow commissioners, conduct
unbecoming a public official, violating the City's Conflict of Interest
Code, failing to comply with statutory requirements, or failing to
attend fifty percent (50%) of commission meetings in a calendar year.
Conduct unbecoming a public official includes the conduct that any
reasonable commissioner would know is incompatible to public service,
would indicate a lack of fitness to perform the functions of a
commissioner, or would discredit or cause embarrassment to the City.
Any member of the City Council may initiate a person'san individual’s
removal from a commission by requesting that consideration of the
person's individual’s removal be placed on the Council's agenda at a
regular or special meeting for discussion and potential action. The City
Clerk shall notify the person affected of the time and place of the
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meeting. When the item is on the City Council agenda, the City Council
may, by majority vote, remove the person individual from a
commission.
At the beginning of each year, the City Clerk will place an item on the
Council’s agenda to report on attendance, AB1234 ethics training and
compliance, and Statement of Economic Interest ~ Form 700
compliance for each commissioner.
5.3 Commission Responsibility
Commissioners should respect their fellow commissioners, the public,
and staff and shall take seriously their responsibility for reporting to
the City Council. Positions taken by appointed representatives should
be in alignment with the positions that the Council has taken on issues
that directly impact the City of Lodi. Commissioners shall make a good
faith effort to attend all scheduled meetings and will notify the City
liaison if they will be absent. Each Council-appointed commission shall
be designated a staff liaison who shall make certain that the
commission is properly instructed on its responsibilities and
performance expectations. This may include the issuance of the
commission’s bylaws or guidelines and Commissioner’s Handbook, as
well as copies of The Brown Act and Resolution No. 2006-31, “Rules of
Conduct of Meetings, Proceedings, and Business.” The City Attorney
may from time to time conduct Brown Act workshops for new
commissioners. Commissioners shall also comply with the City of Lodi
Code of Ethics and Values (Res.2004-115).
Commissioners may address the Council on items discussed by their
respective bodies but should be limited to the chair or a representative
that has been appointed by the commission. This will not take
precedence over any individual’s first amendment right to address the
Council as an individual.
All commissioners must file the Oath of Office form with the City
Clerk’s Office within 30 days of appointment or reappointment and
prior to participating in any commission meetings or activities.
All commissioners must comply with AB1234 ethics training specified
by Government Code section 53235 within 30 days of assuming office
and thereafter by December 31 of even-numbered years.
Commissioners must comply with Fair Political Practices Commission
regulations pertaining to Conflict of Interest ~ Form 700s and are
required to file an Assuming and Leaving Office Statement within
30 days of assuming or leaving office and annually thereafter by
April 1. Filers have the option to file electronically through the City’s
electronic filing system, NetFile; however, to ensure reporting
continuity, once a statement, report, or other document is filed
electronically on behalf of any filer, all future reports and other
documents filed on behalf of that filer must be filed electronically.
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5.4 Council Contact with Commissions
Members of the City Council should not attempt to influence or publicly
criticize commission recommendations, or to influence or lobby
individual commission members on any item under their consideration.
It is important for commissions to be able to make objective
recommendations to the City Council on items before them. An
exception to the Brown Act allows a legislative body majority to attend
an open and noticed meeting of a standing committee of the legislative
body provided that the legislative body members who are not
members of the standing committee attend only as observers,
meaning that they cannot speak or otherwise participate in the
meeting.
5.5 Ad Hoc Committees and Task Forces
The City Council, through the City Manager, shall make certain that all
Council-appointed ad hoc committees and task forces are properly
instructed in their assigned scope of work and responsibility. The
expected output of their effort shall be clearly defined. Ad hoc
committees and task forces are responsible for keeping the Council
informed about issues being considered and their progress. This is to
be accomplished by meeting minutes distributed in to the Council
weekly packetsvia the City Clerk’s Office. Council Members may also
view minutes for all ad hoc committees and task forces at any time via
the Agenda Center on the City’s website. Ad hoc committees and task
forces are responsible for advising the Council of any need for
information or more specific instructions. Ad hoc committees and task
forces shall obtain Council concurrence before they proceed in any
direction different from the original instructions of the Council.
5.6 Annual Recognition Reception
Each year in December, the City Council hosts an event (coordinated
by the City Clerk’s Office) to will recognize the efforts of current and
outgoing members of Council-appointed boards, commissions,
committees, and task force groups with Certificates of Recognition at
the City Council meeting and reorganization in December.
5.7 Council Service on Commissions
Council Members are requested to serve on various commissions for
outside agencies. Following a City election, at which new Council
Members are elected, the newly-seated Council shall review the list of
current assignments and make recommendations for appointments of
new Council Members. Any Council Member desiring to serve on a
certain commission should inform the Mayor. A Council Members
resigning from his/her position on a certain commission should inform
the Mayor (via the City Clerk’s Office) in writing. Thereafter on an
annual basis, the City Clerk will place an item on the Council’s agenda
to confirm the appointment of City Council Members on various
boards, committees, and commissions and notify Council of any
changes. Appointments are subject to approval by a majority of
Council.
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Council representatives to such commissions shall keep the Council
informed of ongoing business through periodic updates under the
“Comments by Council” segment of the regular City Council meeting
agenda or other means as appropriate. In addition, any Council
Member who receives a stipend for service on an outside commission
will notify the City Clerk of the details, and any changes thereafter, in
order to comply with Fair Political Practices Commission reporting
requirements.
5.8 Regional Boards
The role of the Council on regional boards will vary depending on the
nature of the appointment. Representing interests of Lodi is
appropriate on some boards; this is generally the case when other
local governments have its own representation. Examples might be
serving on the Northern California Power Agency and Northern
San Joaquin County Groundwater Banking Authority. Other
appointments, such as San Joaquin Council of Governments, are
broader in nature; these boards depend on its members taking a more
regional approach.
The positions taken by the appointed representative are to be in
alignment with the positions that the Council has taken on issues that
directly impact the City of Lodi. If an issue should arise that is specific
to Lodi and the Council has not taken a position, the issue should be
discussed by the Council prior to taking a formal position at a regional
board to assure that it is in alignment with the Council’s position.
6. MEETING GUIDELINES & PROCEDURES
6.1 Attendance / Quorum
Council Members acknowledge that attendance at lawful meetings of
the City Council is part of their official duty. Council Members shall
make a good faith effort to attend all such meetings unless unable.
Council Members will notify the City Clerk if they will be absent from a
meeting. The City Clerk will then notify the City Manager, City
Attorney, and all other Council Members.
Three members of the City Council shall constitute a quorum and shall
be sufficient to transact business. If less than three appear at a regular
meeting, the Mayor, Mayor Pro Tempore in the absence of the Mayor,
any Council Member in the absence of the Mayor and Mayor Pro
Tempore, or in the absence of all Council Members, the City Clerk, or
his/her designee, shall adjourn the meeting to a stated day and hour
or cancel the meeting due to the lack of a quorum.
Rule of Necessity: If enough Council Members are disqualified
(e.g. conflict of interest) such that a quorum cannot be met, the
disqualified Members shall draw lots to rehabilitate a sufficient number
of Council members to permit Council action. Direction from the City
Attorney should be sought to determine that real conflict exists to
necessitate the need to use the Rule of Necessity.
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6.2 Meeting Dates and Location
Whenever possible, taking into consideration the number of
participants and room availability, all Council meetings noticed for
action shall be scheduled in the Council Chambers at the Carnegie
Forum to allow for a live cable-cast of the meeting.
6.2a Regular Meetings & Informal Informational (Shirtsleeve)
Sessions
Pursuant to LMC Chapter 2.04, “City Council Meetings,” regular
meeting dates are the first and third Wednesday of each month
commencing at 7:00 p.m. Informal Informational (Shirtsleeve)
Sessions are held every Tuesday morning at 7:00 a.m.
6.2b Special/Joint/Adjourned/Emergency Meetings
The Brown Act sets forth specific requirements for holding
adjourned, special, and emergency meetings. The City Council
may from time to time hold special joint meetings with boards
and commissions or outside agencies or groups.
6.3 Agenda / Council Meeting
6.3a Agenda Packet Preparation
The City Manager reviews and approves all items for the
Council agenda. Agenda packets are compiled, photocopied,
converted electronically, posted to the Web, and distributed
through the City Clerk’s Office, pursuant to the “City Council
Agendas, Council Communications, and Packet Policy/
Procedure.” Agendas packets (in CD format) shall be delivered
to Council Members on the Friday Thursday prior to the Council
meeting and a link to the electronic agenda packet on the
Webpage will be e-mailed to Council.
6.3b Placing Items on the Agenda
Pursuant to LMC Section 2.04.180 “Preparation of agendas,”
matters may be placed on the agenda for consideration by
request of 1) any member of the City Council, 2) the City
Manager, 3) the City Clerk, and 4) the City Attorney. Any
reasonable request by any person named in this section shall
be honored, subject to the City Manager's discretion as to the
preparation of accompanying staff reports.
Requests from the public to place an item on the agenda are to
be directed to the City Clerk’s Office and shall be handled in the
following manner:
Proclamation/Certificate – All requests for proclamations
and certificates are subject to approval of the Mayor and are
typically honored only if a local representative from the
requesting agency can appear to accept the certificate.
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Presentations – Most requests for presentation by civic
groups and local organizations and requests for recognition
of Eagle Scouts or for excellence in academics, athletics,
etc. shall be honored and placed appropriately under the
“Presentations” segment of the agenda.
Item for Discussion/Action – Requests by members of the
public to place an item for discussion or action on the
agenda shall be directed to the appropriate City department
for proper handling. In the event it cannot be handled in
this manner, the individual requesting the action should
submit in writing his/her specific request either directly to
the City Council or to the City Clerk who will then forward to
the City Council, City Manager, City Attorney, and
appropriate Department. Members from the public are also
encouraged to attend a City Council meeting to make their
request for an agenda item under the “Comments by Public
on Non-Agenda Items” segment of the agenda. The City
Clerk shall then place the matter on the agenda under
“Communications.” The Council shall not take action on the
matter other than to either 1) direct that the matter be
placed on a future agenda or 2) direct staff to research the
issue and report back to Council.
6.3c Order of Agenda Items
Resolution No. 2018-16, adopted by the Lodi City Council on
February 7, 2018, establishes the order of business for City
Council meetings. Topics anticipated to be of greatest interest
to the public will be placed at the beginning of the Regular
Calendar.
6.3d Agenda Posting
The agenda for any Regular, Special, or Shirtsleeve Session
meeting shall be made available to the general public.
For every Regular, Special, or Shirtsleeve Session meeting, the
City Clerk, or other authorized person, shall post the agenda,
specifying the time and place at which the meeting will be held
and a brief description of all items of business to be discussed
at the meeting. The agenda shall be posted according to law at
the following locations:
Lodi City Hall – 221 W. Pine Street
City Clerk’s Office – 221 W. Pine Street, 2nd Floor
Lodi Carnegie Forum* – 305 W. Pine Street
Lodi Public Library – 201 W. Locust Street
On the Internet (Agenda Center) – www.lodi.gov
Office of California Human Development / Worknet –
631 E. Oak Street
*NOTE: This is the official City of Lodi posting location freely
accessible to the public 24 hours a day.
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6.3e Americans with Disabilities Act Statement and Language
Interpreter
Agendas for all City Council meetings will contain a statement
regarding the Americans with Disabilities Act and language
interpreter requests in substantially the following language,
making the City Clerk the contact for inquiries.
“All staff reports or other written documentation relating to each item of
business referred to on the agenda are on file in the Office of the City
Clerk, located at 221 W. Pine Street, Lodi, and are available for public
inspection. If requested, the agenda shall be made available in
appropriate alternative formats to persons with a disability, as required
by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C.
Sec. 12132), and the federal rules and regulations adopted in
implementation thereof. To make a request for disability-related
modification or accommodation contact the City Clerk’s Office as soon
as possible and at least 72 hours prior to the meeting date. Language
interpreter requests must be received at least 72 hours in advance of the
meeting to help ensure availability. Contact Jennifer M. Ferraiolo at
(209) 333-6702. Solicitudes de interpretación de idiomas deben ser
recibidas por lo menos con 72 horas de anticipación a la reunión para
ayudar a asegurar la disponibilidad. Llame a Jennifer M. Ferraiolo
(209) 333-6702.”
6.3f Limitation to Act Only on Items on the Agenda
No action shall be taken by the City Council on any item not on
the posted agenda, subject only to the exceptions listed below:
Upon a majority determination that an “emergency
situation” (as defined by state law) exists; and
Upon determination by a 4/5 vote of the full City Council, or
a unanimous vote if less than a full Council, that there is a
need to take immediate action and that the need to take the
action came to the attention of the City Council subsequent
to posting of the agenda.
6.3g Supplemental Information (“Blue Sheet” Items)
At times, it may be necessary to amend or provide new
information to Council following the publication of the City
Council packet. Supplemental material that revises a previously
submitted item shall show new information in bold and deleted
information in strikethrough. Supplemental material that adds
further information to a previously submitted item (e.g. a new
Council Communication or attachment) shall contain the
statement “SUPPLEMENTAL INFORMATION” on the top, right-
hand side of the new material. All supplemental material shall
be copied on blue paper and distributed to Council Members
and key staff members, in addition to the public information
table, prior to the start of the meeting.
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6.3h Closed Session
Closed sessions are regulated pursuant to the Brown Act. All
written materials and verbal information regarding closed
session items shall remain confidential. No member of the
Council, employee of the City, or anyone else present shall
disclose to any person the content or substance of any
discussion that takes place in a closed session, unless
authorized by a majority of Council. The same high standard of
respect and decorum as apply to public meetings shall apply to
closed sessions. There shall be courtesy, respect, and tolerance
for all viewpoints and for the right of Council Members to
disagree.
In accordance with Resolution No. 80-101, adopted by the Lodi
City Council on August 6, 1980, the City Clerk is authorized to
attend all closed session meetings to record motions and
actions taken by the City Council. The City Attorney, following
the adjournment of a closed session, shall disclose all
reportable action taken in the closed session, which shall be
recorded into the record by the City Clerk.
6.3i Invocations/Calls to Civic Responsibility (Res. 2009-146)
In accordance with Resolution No. 2009-146 (Exhibit D),
adopted by the Lodi City Council on October 21, 2009,
invocations/calls to civic responsibility shall follow the policy
regarding legislative invocations/calls to civic responsibility
before meetings of the Lodi City Council. (Attached as Exhibit
D)
6.3j Presentations
Special presentations shall be scheduled as necessary in
recognition of persons or groups, or for the promotion of an
event or service. Requests for special presentations must be
submitted to the City Clerk in writing in advance of the agenda
deadline.
6.3k Consent Calendar
Those items on the Council agenda that are considered to be of
a routine and non-controversial nature by the City Manager
shall be listed on the “Consent Calendar.” These items so listed
shall be approved, adopted, accepted, etc. by one motion of the
Council.
Council Members may comment on Consent Calendar items or
ask for minor clarifications without the need for pulling the item
for separate consideration. Items requiring deliberation should
be pulled for separate consideration.
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6.3l Public Comments
Pursuant to the Brown Act, public comment will beis allowed on
specific items of business on the Council agenda before or
during the Council’s consideration of the matter. Members of
the public wishing to address Council on a closed session topic
will be allowed an opportunity to do so prior to Council
adjourning to closed session. Speakers are limited to five
minutes. On scheduled items where the Council determines that
the existence of unusual or controversial issues exists, that the
large number of speakers wishing to address the Council so
justifies, or that other considerations make modification
appropriate, the Mayor may limit the amount of time to be
afforded each speaker and/or prohibit ceding or yielding
speaking time to others. Public comments will also be allowed
on any item not on the agenda but within the jurisdiction of the
City Council. Public comments on non-agenda items are limited
to five minutes each. Individuals desiring to speak are
encouraged, but not required, to submit a request to speak
card to the City Clerk listing their name and address. Use of
City computer and/or video equipment to broadcast materials
containing visual images during City Council meetings is limited
to scheduled/agendized items, and such computer and/or video
equipment is not for use during public comment at such
meetings. During, before, or after public comment at a City
Council meeting, members of the public may distribute hard
copies of any document and other records to the City Council
through the City Clerk, and those documents and records will
be made a part of the record and made available to any
member of the public upon request.
All comments and testimony shall be made from the podium
through the Mayor; no comment or testimony shall be shouted
from the audience. Comment and testimony are to be directed
to the City Council. Dialogue between and inquiries from
citizens at the podium and members of staff or the seated
audience is not permitted. Inquiries which require staff
response shall be referred to staff for response at a later time.
The City Council cannot prohibit public criticism of policies,
procedures, programs, or services of the agency or the acts or
omissions of the City Council itself; however, the Brown Act
provides no immunity for defamatory statements. Any person
who addresses the City Council in a manner which disrupts,
disturbs, or impedes the orderly conduct of the meeting may be
asked to terminate his/her comment period. Continued
inappropriate behavior or comments, after having been directed
to discontinue, may be grounds for removal from the meeting.
6.3m Council Comments on Non-Agenda Items
Council Members may make comments on non-agenda items.
Comments are generally for informational purposes or to
request a future report on a matter; it is not intended for
detailed discussion of an item or for action (Gov. Code section
54954.2(a)(2)).
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6.3n Public Hearings
Public hearings may be required on certain items as prescribed
by the Lodi Municipal Code or by state or federal law. In
addition to the public hearing procedures set forth in Resolution
2006-31, adopted by the Lodi City Council on February 15,
2006, the general procedure for public hearings is as follows:
1. Staff presents its report. Council Members may ask
questions of staff.
2. The Mayor opens the public hearing.
3. The applicant or appellant has the opportunity to
present his/her comments, testimony, or arguments.
Adequate time must be allotted for the applicant or
appellant to present his/her case subject to the time
limits established by the Mayor.
4. Members of the public may present their comments
subject to time limits established by the Mayor.
5. The Mayor closes the public hearing after everyone
wishing to speak has had the opportunity to do so.
6. Council deliberates and takes action.
When the City Council acts in an adjudicatory or quasi-judicial
capacity, each member must (1) disclose on the record the
nature and substance of any ex parte communications relating
to the matter; and (2) provide interested parties full and fair
opportunity to rebut or explain the information obtained from
those communications. The City Clerk, with consultation from
the City Attorney, will designate all quasi-judicial public
hearings on the City Council’s agenda.
6.3o Regular Calendar
Those items on the Council agenda that are considered to
require Council discussion or public input shall be listed on the
“Regular Calendar.” These items so listed shall be approved,
adopted, accepted, etc. separately by the Council.
6.3p Ordinances
Ordinances involve a command or prohibition and have the
force of law in the city for which an ordinance is adopted. An
ordinance generally prescribes some permanent rule of conduct
or government that remains in force until the ordinance is
repealed. With the exception of urgency ordinances, no
ordinance may be passed within five days of its introduction.
Two readings are therefore required—one to introduce (under
Public Hearings or on the Regular Calendar) and a second to
adopt the ordinance (under Ordinances). Ordinances may only
be passed at a Regular meeting or at an Adjourned
(i.e. continued) Regular meeting; except for urgency
ordinances, ordinances may not be passed at a Special
meeting. Unless otherwise stated, an ordinance shall take effect
30 days following the date of adoption.
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6.3q Resolutions
A resolution expresses City Council policy or directs certain
types of administrative action and may be changed by a
subsequent resolution. Resolutions are effective on the date of
adoption.
In general and without explicitly calling it out in all resolutions,
the City Attorney has authority to correct administrative,
typographical, or clerical errors for all resolutions that do not
alter Council direction/intent in any way.
Resolutions approving contracts, Professional Services
Agreements, Memorandums of Understanding, grant
agreements and the like, shall include language authorizing the
City Attorney to make minor revisions to the agreement that do
not alter the compensation or term and to make clerical
corrections as necessary.
6.3r Minute Motion
A minute motion is the most informal official action taken by
the City Council. It ordinarily is used to indicate majority
approval of a procedural action, such as accepting grant deeds,
approving plans and specifications and agreements, or
otherwise authorizing disposition of an agenda item.
6.3s Agency Meetings (LPIC, IDA, LFC, LPFA, RDA)
The City Council, which also sits as members of the Lodi Public
Improvement Committee (LPIC), Industrial Development
Authority (IDA), Lodi Financing Committee (LFC), and the Lodi
Public Financing Authority (LPFA) and the Redevelopment
Agency (RDA), shall meet annually at the second regularly-
scheduled meeting in December following the Council
reorganization to elect new officers. Typically, the Mayor shall
serve as Chairperson or President and the Mayor Pro Tempore
shall serve as the Vice Chairperson or Vice President. The RDA
members are entitled to compensation of $30 per meeting up
to four meetings per month; however, they may vote to waive
the compensation.
6.3t Council Communications / Staff Reports
Each City Council agenda item shall have a coordinating staff
report (Council Communication) prepared by the originating
department. Council Communications are written specifically for
the purpose of communicating information necessary for policy
and decision-making and shall include an abbreviated history,
the overall intent and need for the requested action, and its
impact or affect on the community, services, and programs of
the City.
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6.3u Submitted Materials at or Before Meetings are Public Records
Any written correspondence or other materials, when
distributed to all, or a majority of all, of the members of the
City Council by any person in connection with a matter subject
to discussion or consideration at a public meeting, are
disclosable public records under the California Public Records
Act and shall be made available upon request without delay.
Writings that are public records and that are distributed during
a public meeting shall be made available for public inspection at
the meeting if prepared by City staff or a member of the City
Council, or after the meeting if prepared by some other person.
All writings referenced herein shall be provided to and
documented with a received/filed date by the City Clerk.
Communications sent to the City Council related to an item on
an agenda received in the City Clerk’s Office by 4:00 p.m. on
the date of the meeting will be provided to Council Members as
a “Blue Sheet” item. Such communications will be handled in
accordance with California Government Code section 54957.5.
6.3v Electronic Mail Communications, Prohibited during Meetings
Use of the Internet, and e-mail, texting, and social media is
prohibited by Council Members during City Council meetings,
with the exception of accessing the agenda packet via City-
provided iPads. The purpose of this is: 1) to ensure that no
violations of the Brown Act occur and 2) to allow for proper
management of communications during meetings so that City
business can be conducted in an efficient and orderly manner.
E-mail communication sent to the City Council related to an
item on an agenda will be received in the City Clerk’s Office up
to the close of business (5:00 p.m.) on the date of the meeting
and will be provided to Council Members via “blue sheet.” Such
communications will be handled in accordance with California
Government Code Section 54957.5.
6.3w Minutes
The City Clerk, or his/her designee, shall attend and prepare
comprehensive summary action minutes (pursuant to
Res. 2017-230) of all public meetings of the City Council.
Minutes ready for Council approval shall be placed on the
regular City Council meeting agenda and included in the Council
packet. Pursuant to LMC Section 2.04.110, “Reading and
approval of minutes,” any Council Member can request a
correction or amendment to the minutes, subject to verification
by the City Clerk. It is suggested that Council Members contact
the City Clerk no later than Tuesday before the regular
meeting, which will allow the Clerk time to review the audio
tape recording to ensure that the requested amendment was
verbalized at the meeting, and if so, make the change to the
minutes and present the amended minutes to Council as a
“Blue Sheet” item on the day of the meeting for approval.
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6.4 Rules of Conduct
6.4a Discussion Rules
The Mayor or presiding officer has the responsibility to control
the debate and the order of speakers pursuant to the rules for
conduct of meetings, proceedings, and business as set forth in
Resolution No. 2006-31 (Exhibit B).
6.4b Council Comments (Related to Items on the Agenda)
Council Members shall limit their comments to the subject
matter, item, or motion being currently considered by the
Council.
6.4c Speaker Time Limits
Members of the public speaking on non-agenda items shall be
limited to five minutes. On scheduled items where the Council
determines that the existence of unusual or controversial issues
exists, that the large number of speakers wishing to address
the Council so justifies, or that other considerations make
modification appropriate, the Mayor may limit the amount of
time to be afforded each speaker and/or prohibit ceding or
yielding speaking time to others.
6.4d Council Questions of Speakers
Council Members who wish to ask questions of speakers may do
so, but only after being recognized by the Mayor. Members of
Council shall not engage in debate with a member of the public
at Council meetings.
6.5 Decorum
6.5a Council Members / Council Appointees
Resolution No. 2004-115 (Exhibit C), adopted by the Lodi City
Council on June 2, 2004, establishes the code of ethics and
values to be followed by City Council Members and City Council
Appointees (i.e. City Manager, City Attorney, and City Clerk).
Members of the City Council and Council Appointees value and
recognize the importance of the trust invested in them by the
public to accomplish the business of the City. Council Members
and Appointees shall accord the utmost courtesy to each other,
to City employees, and to the public appearing before the City
Council. At all times, Council Members in the minority on an
issue shall respect the decision and authority of the majority.
6.5b City employees
Members of the City staff are expected to observe the same
rules of order and decorum applicable to the City Council. City
staff shall act at all times in a business professional manner
toward Council Members and members of the public.
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6.5c Public
Members of the public attending City Council meetings shall
observe the same rules of order and decorum applicable to the
City Council.
6.5d Noise in the Chambers
Noise emanating from the audience within the Council
Chambers or lobby area, which disrupts City Council meetings,
shall not be permitted.
6.6 Use of Council Chambers
As set forth in the City of Lodi Administrative Policy and Procedure
Manual, the following are authorized uses of the spaces in the
Carnegie Forum.
1. All meetings of the City Council.
2. All meetings of City boards and commissions when such boards
and commissions are staffed by a City liaison person.
3. Meetings called by a Council Member(s) to discuss City business
with constituents and others.
4. Department Head and other City staff meetings.
5. City employee training sessions.
6. General meetings of City employees for the purpose of
disseminating job-related information.
7. Professional meetings hosted/conducted by City staff.
8. City-sponsored community awareness programs.
9. One non-partisan Town Hall meeting per year of elected San
Joaquin County Supervisors and State and federal Legislators at
which the City Manager is present.
Exceptions to this policy may be made only on the authority of the City
Council. The Council Chamber cannot be used as a location for taking
campaign photos. All requests for use of Carnegie Forum spaces shall
be made through the Secretary to the City Manager’s Office.
7. COMMUNICATIONS
7.1 Processing and Delivering of City Council Mail by City Clerk’s Office
Upon authorization of the City Council Member, the City Clerk shall
open all mail addressed to the Mayor and City Council Members, with
the exception of those marked “Personal” or “Confidential.”
Communication Addressed to the “City Council”
All correspondence addressed to the “City Council” is treated as public
information. A copy is made for given to each member of the City
Council, City Manager, City Attorney, and all other affected
departments for information, referral, or handling. The original
document is retained in the City Clerk’s Office file.
City Council Protocol Manual
Page 27 of 32
Communication Addressed to the “Mayor”
Commonly, the sender’s intent when addressing communication to the
“Mayor” is merely to forward it to the head of the city governing body,
and consequently, this type of correspondence is often handled in the
same manner as communication addressed to the “City Council.”
Handling of the Mayor’s mail is, however, at the discretion of the
individual serving in this capacity, which is ascertained each year
following the reorganization of the City Council.
Communication Addressed to Individual Council Members
Communication addressed specifically to individual City Council
Members is treated as personal mail and is only opened by the City
Clerk’s Office if express authorization to do so was given by the
Council Member. No copies are made or distributed. Should a response
be needed, it is up to the individual Council Member to whom the
correspondence was addressed, as is forwarding the information to
affected departments if appropriate.
With limited exception, all communications directed to the Mayor or
City Council Members, including e-mail or other types of electronic
correspondence, are public records subject to disclosure under the
California Public Records Act.
7.2 Council Calendar
An Annual Calendar List of Events shall be prepared by the City Clerk’s
Office, which includes City-related events, functions, meetings, and
annual conferences. A weekly calendar is also prepared by the City
Clerk and distributed to each Council Member, Administrative staff,
and the press for informational purposes. It shall be the responsibility
of Council Members to notify the City Clerk of their attendance at any
event, for which the City Clerk will handle the arrangements.
7.3 Citizen Complaint Process
All complaints directed to the City Council through the City Clerk’s
Office will be copied to the City Manager’s Office and other affected
departments. A reply, confirming receipt and notifying the sender who
the communication was forwarded to, will be sent by the City Clerk’s
Office within 24 hours.
7.4 Use of City Letterhead or City Seal
All Council Member correspondence written on City resources,
i.e. letterhead, staff support, postage, etc., will reflect a majority
position of the Council, not individual Council Members’ positions. All
Council Member correspondence using City resources shall be copied
to the full Council. The City Clerk is the custodian of the Official City
Seal pursuant to Lodi Municipal Code 2.13.010. The City Seal shall not
be altered and is to be used only on official City documents.
7.5 Communications with Staff
Pursuant to LMC Section 2.12.070, “Council to Deal Exclusively
through City Manager,” the City Council and its members, except for
the purpose of inquiry, shall deal with administrative services solely
through the City Manager, and neither the City Council nor any
City Council Protocol Manual
Page 28 of 32
member thereof shall give orders to any of the subordinates of the City
Manager. A Council Member shall not direct staff to initiate any action,
change a course of action, or prepare any report that is significant in
nature, nor shall a Council Member initiate any project or study
without the approval of a majority of Council. Exception: Pursuant to
LMC Title 2.13 and 2.14, the City Attorney and City Clerk are
appointed by the City Council and shall report his/her advice,
recommendations, and requests directly to the City Council.
In regard to an agenda item question, Council Members are
encouraged to contact staff members to ask questions for clarification
prior to the meeting, at which the subject will be discussed.
7.6 Complaints Regarding Performance of Staff
Any concerns by a member of Council over the behavior or work of a
City employee should be directed to the City Manager privately to
ensure the concern is resolved. Council Members shall not reprimand
employees directly, nor shall they communicate their concerns to
anyone other than the City Manager.
7.7 Handling of Litigation / Confidential Information
Council Members shall keep all written materials and verbal
information provided to them on matters that are confidential under
state law in complete confidence to ensure that the City’s position is
not compromised. No disclosure or mention of information in these
materials shall be made to anyone other than Council Members, the
City Attorney, or City Manager.
7.8 Representing Majority vs. Individual Opinion
A person elected to the City Council plays two roles: a member of a
body elected to represent the City in its entirety and a private resident
of the City. The second role is not relinquished when the first role is
assumed. It is important to distinguish between the two roles at all
times and to conduct business in one role separately from the other.
The elected Council Member retains the right to speak as an individual,
not as a member of the City Council, but must make it very clear that
he/she speaks on his/her own behalf and not as a member of the City
Council. This is because when the Council acts, it acts as a whole, not
as a group of individuals.
If a member of the City Council appears before another governmental
agency or organization to give a statement on an issue affecting the
City, the Council Member should first indicate the majority position and
opinion of the Council. Personal opinions and comments may be
expressed only if the Council Member clarifies that these statements
do not represent the position of the City Council.
City Council Protocol Manual
Page 29 of 32
7.9. Legislative Communications at the Request of City-Affiliated
Organizations
From time to time, the City is asked by the League of California Cities
and other City-affiliated organizations to take a support and/or oppose
a position on a particular piece of legislation and/or proposal. When
such a request is received, the matter shall be agendized and acted
upon at the next regularly scheduled City Council meeting. When a
request is received necessitating a more timely response in that action
is required prior to the next regularly scheduled City Council meeting,
the Mayor, or his/her designee, on behalf of the City, may sign and
submit the requested communication so long as the position is
consistent with the position taken by the League and/or other City-
affiliated organizations and previous positions, if any, taken by the
City. A copy of the communication shall be presented as an
informational item on the Consent Calendar at the next regularly
scheduled City Council meeting.
8. CONFLICT OF INTEREST / ECONOMIC DISCLOSURE REQUIREMENTS
FOR PUBLIC OFFICIALS
8.1 Conflict of Interest
The Political Reform Act (Government Code, Title 9, sections 81000-
91015) controls conflict of interest through disclosure and prohibition
of participation in decisions, which are actual conflicts of interest.
Specifically, it requires City Council Members and other public officials
to annually disclose all financial interests that may be affected by
decisions made in their official capacity; this includes interests such as
investments, real property, and income. Council Members must also
disqualify themselves from making or participating in making or
influencing any governmental decision that will have a foreseeable
material financial affect on any economic interest of the Council
Member or certain family members.
The Political Reform Act requires state and local government agencies
to adopt and promulgate conflict of interest codes, which shall be
reviewed bi-annually on even-numbered years. On November 7, 2018,
the Lodi City Council adopted Resolution No. 2018-211 amending the
City of Lodi’s Conflict of Interest Code.
8.2 Statements of Economic Interest
A financial disclosure form (Statement of Economic Interest ~ Form
700) must be filed with the City Clerk no later than April 1 of each
year for financial interests pertaining to the preceding calendar year.
Newly-elected Council Members must file a statement within 30 days
of officially assuming office or leaving office. Certain commission
members and City employees are also subject to this disclosure
requirement. Filers have the option to file electronically through the
City’s electronic filing system, NetFile; however, to ensure reporting
continuity, once a statement, report, or other document is filed
electronically on behalf of any filer, all future reports and other
documents filed on behalf of that filer must be filed electronically.
City Council Protocol Manual
Page 30 of 32
8.3 Make and Participate in Making a Decision
An official makes a decision when the official votes on a matter,
appoints a person, obligates or commits the City to any course of
action, or enters into any contract on behalf of the City. Pursuant to
LMC 2.04.140, “Voting,” all members of the Council, when present,
must vote. If a member of the Council states that he/she is not voting,
his/her silence shall be recorded as an affirmative vote unless,
however, the Council Member abstains from voting by reason of
his/her interest in the matter before the Council and that reason is
stated at the meeting. If, however, a Council Member abstains from
voting without stating his/her interest in the matter, his/her abstention
shall be recorded as an affirmative vote.
An official participates in making a decision when the official negotiates
on behalf of the City without significant substantive review, or advises
or makes recommendations to the decision maker, either directly or
without significant intervening substantive review.
Exceptions: Making or participating in the making of a decision does
not include ministerial, secretarial, manual or clerical actions,
appearances by the official as a member of the general public before
any body of the City in the course of its prescribed governmental
function to represent himself/herself on matters related solely to
his/her personal interest.
8.4 Provision of Advice from City Attorney regarding Conflict of Interest
Any official who is uncertain as to whether he/she may have a conflict
of interest shall seek clarification from the City Attorney; however, the
official must understand that the City Attorney may not keep the
consultation confidential from the full Council, and the City Attorney’s
opinion is not a defense to a Fair Political Practices Commission (FPPC)
enforcement action. When in doubt, the City Attorney or the official
can request a formal opinion from the FPPC if the request is made at
least four weeks in advance.
8.5 Using Official Position to Influence
Council Members shall not attempt to coerce or influence any member,
officer, official, consultant, or commission member of the City in the
awarding of contracts, the selection of consultants, the processing of
development applications, or the granting of City licenses or permits.
The Council shall not attempt to change or interfere with the operating
policies and practices of any City department.
City Council Protocol Manual
Page 31 of 32
APPENDIX
Reference Table of Amendments
DATE DESCRIPTION ACTION
3/15/06 City Council adopted City Council Protocol Manual Res. 2006-45
1/2/07 Amended Manual to update resolution number
relating to the AB1234 Expense Reimbursement
Policy (Section 4.2a)
Administratively
10/8/09 Amended Manual to add “Appendix: Reference Table
of Amendments” for tracking purpose and added
Exhibits A, B, and C to the Table of Contents page
Administratively
10/21/09 Amended Manual to update policy regarding
invocations, referencing the Council-adopted
resolution (Section 6.3i), and added Exhibit D to the
Table of Contents page and attached it to the
Manual
Res. 2009-146
2/2/11 Amended Manual to revise the boards, committees,
and commissions appointment policy to include the
specific follow-up process and indicate that the
applicants shall be interviewed by the Mayor
Council action
(motion/action)
5/18/11 Amended Manual to add Section 7.9 regarding
communications at the request of the League of
California Cities
Council action
(motion/action)
10/5/11 Amended Manual, Sections 7.4 and 7.9, to further
clarify use of City letterhead and expand the
definition of legislative communications (i.e. not only
League requests)
Council action
(motion/action)
10/19/11 Amended Section 5.6, Annual Recognition Reception,
to reflect that the reception is held annually in
December rather than August
Administratively
11/2/11 Amended Section 5.2 (Commission Appointments) to
add language regarding removal process
Council action
(motion/action)
7/23/13 Amended Section 6.3l (Public Comments) to update
language re: public comments (i.e. public
encouraged, “but not required,” to give
name/address)
Administratively
9/2/15 Amended Manual to update resolution numbers, as
well as any amendments in federal, state, and local
laws
Administratively
City Council Protocol Manual
Page 32 of 32
DATE DESCRIPTION ACTION
10/21/15 Amended Section 4.2b re: future Voting Delegate
and Alternate for League and National Conferences
Res. 2015-184
8/1/18 Allow Use of Carnegie Forum for Town Hall Meetings
by Members of the San Joaquin County Board of
Supervisors and State and Local Legislators
Council action
(motion/action)
4/9/19
&
8/28/19
Amended Manual to update resolution numbers, as
well as any amendments in federal, state, and local
laws (and changed Travel Policy Resolution No.)
Administratively
2.04.010
Y
Regular meetings of the council shall be
held on the first and third Wednesday of
each month at seven p.m.; provided, howev-
er, that any such regular meeting at which
a closed session is to be hetd mav be com-
menced, for the holding of such closed
session, at such earlier time on the meeting
day as may be noticed on the council’s
agenda and posted at least seventy-two
hours in advance of such earlier commence-
ment time. In the event of any such earlier
co~encement of a regular meeting for the
purpose of holding a closed session, no
other items of business on the council’s
meeting agenda shall be addressed before
seven p.m. In case the regular meetjag falls
upon a legal holiday, then the regular meet-
ing which otherwise would have occurred
on that day shall be held on the first busi-
ness day thereafter at the hour of seven p.m.
(Ord. 1699 3 1, 2001)
~.04.020 Info
~ee~~gs.
~fo~~ info~ational meetings of the
city council shall be held on each Tuesday
morning of each month at the hour of seven
a.m. in the council chambers of the city or
at such atio ion and at such time as the
council may deem appropriate, subject to
notice ~qu~einents as provided by law. No
formal action shalt be taken by the city
council at such meetings. The city manager,
city attorney, dep~ent heads and mem-
bers of the public, as the council may re-
quest, shall be present and present such
i~fo~~tion as may be deemed desirable.
(ad. 1594 1 (pact), 1994)
~.04.0~~ e~~ing place.
be held in the council chambers, Camegie
Forum Building, Lodi, California, or at such
other place as the council may deem appro-
priate, subject to notice r~uirements as
provided by law. If by reason of fire, flood,
earthquake or other emergency, it is unsafe
1 regular ~eeting~ of the council shall
1994)
council membe~ may call a special rn
by delivering written notice to each me
and to each local new~paper of general
circ~a~~on~ radio or te~evis~on sta?ion re-
questing notice in ~ting, such notice to
or by mail at least
fore the time of such
e may be di§peused
with if a represen~~ve of the n~wspaper,
meeting and if all council
when ?he meeeng is held. A council mem-
council shall cons~itute a quorum at any
Unless otherwise
The ~residin~ ofFIcer of the council shall
he the mayor who shall be elected hy the
council annually at the fust regular rn~ting
after the canvass of votes done in conjunc-
tion with the statewide general election in
eve~-n~~red years. In years where there
is no general sta~ewide election,
shall be elected at the Fust regul
in December. At the he of the e~ection of
the mayor, one of the me
cii shall be chosen as mayor pro tempore.
If the mayor is absent or unab~e to act, the
mayor pro tempore shall serve until the
mayor returns or is able to act. The
shall preserve srrict order and dec
all regular and special mwtings of the coun-
cif. He shall state every ques~ion c
nounce the decision of the council
subjects and decide all questions of order,
subject, however, to an ap~~ to the coun-
cil, in which event a majority vote
council shall govern and conclusiv~ly d
mine such question of order. He shall
ail ord~nances adop~~ by the council d~g
his presence. In the event of the absence of
the mayor, the mayor pro te
ordin~ces as then adop
(pat), 1994)
fore the council, call for the vote,
0 CaU to or^^
C n.
The mayor, or in hidher absence the
mayor pro tem~re, shall take the chair at
the hour appointed for the meeting, and
shall i~ed~ately call the council to order.
tempore, the city clerk, or the acting city
clerk shall call the council to order where-
UPOR a temporary chairperson shall
ed by the members of the council present.
Upon the arrival of the mayor or mayor pro
tempore, the tempo^ cha~erson shall
12
i~ed~ately re~inquish the chair upon the
conclusion of ehe business immediately
before the council. (Ord. 1594 5 1 (p
1994)
2.
the council at ~eg~~~ sp
tional sessions, the city c
city clerk shall call the roll of the members,
and the names af those present s
entered in the ~nutes. (Ord. 1594 5 1
with tbe business of
(PW> 1994)
regular rneesing§ of the council, and shall
provide therein for
required by law. In a
city age^, the city cl
a~omey or their autho~zed designe
proved without reading if the city clerk has
previously ~ished each member with a
copy thereof. Any council membex can
correct an emr in
rules of conduct and debate app~Gab~e to all
city council meetings. (Ord. 1594 8 1 (
1994)
A. Any interest^
to the rules of p~ed~ a
but priority shall be given to those who
have so notified the city clerk in advance.
B. After a motion is made and second-
ed, no person shall address the city council
without fist s~~ng ~e~ssion of the
council to do so.
C. Re~ksby~e
only from the podium.
give their names and
cord, and no one shall
into my d~scussion
the presiding officer
1994)
sses for the re-
states that he is not voting, his silence shall
be recorded as an ~~~ative vote unless,
however, the counc~l
1994)
verification by the clerk. (Ord. 1594 8 1 A. Council ~em~r
(pmX 1994) is in session, the
order and decorum, and a ~ern~r shall
neither, by conversation or o~e~i~e, delay
or intermpt the pr~e~ings or the peace of
the council nor disturb any ~ern~r while
4.12
The council shall, by r~so~ut~au, adopt
13 mi 7-01)
w~~g by the chalr,
tion 1.08.0~0 of
xpress consent ofthe
0
A. Consi~~ent with the provisions of :he
Ralph M. Brown Act (~ovemment Code
Section 54950 et seq.), the agenda for
council rneetiR~s shall be prep~ed by the
city manager, and dis~bnt~ by the city
clerk.
. Matters may be placed on the agenda
for conside~tion by :he city council by
request of:
1. Any member of the city council;
2. The city manager;
3. The city clerk;
4. The city anomey.
C. Any reasonable request by any per-
son named in this section to place a matter
on the agenda shall be honored, subject to
the city ~ager’s discretion as to the prep-
aration of accornp~ying sta~r~o~s. (Ord.
A. No officer, employee or agent of the
(Lodi 1-01) 14
city shall. without proper ~u~orization,
divulge co~dent~~ information received by
such person as part of his or her ofticid
duties during any closed session of the city
co~c~ au~onzed-under the Ralph M.
Bmwn Act (Gove~nent Code Section
54950 et seq.) as it now exists or may later
be modified.
B. Such co~den~ial information may
include but is not limited to matters involv-
ing pending liti~ation, pmperry acquisition,
labor negotia~io~, personnel matters or
other ~~o~ation, the disclosure of which
would rcasonably be likely to prejudice the
good faith conduct of city business. consti-
Ute an unwa~anted invasion of privacy, or
place the city at an unfair disadvantage in
ne~otia~io~.
C. For purposes of this section, “proper
a~thonzation” means:
1. In malt~rs of personal privacy, a
waiver by the individ~~ enjoying suck right
of privacy;
2. The order or subpena of a couts of
competent jurisdiction;
.3, Au~orization by the city council as
a body;
4. Conclusion or ~n~izat~on of the
matter or subject involved, as deten~ined by
the city council.
D. ~o~ng in this chapter shall be
deemed a waiver of any other confidential
privilege for any inform~ti~n established
elsewhere by statute orcase law. (Ord. 1594
$ 1 (pan), 1994)
RESOLUTION NO. 2006-31
A RESOLUTION OF THE LODl CIN COUNCIL ADOPTING
AND ESTABLISHING RULES FOR THE CONDUCT OF ITS
MEETINGS, PROCEEDINGS, AND BUSINESS AND
THEREBY RESCINDING RESOLUTION 2004-282
..................................................................
WHEREAS, the Lodi City Council, pursuant to Chapter 2.04 of the Lodi Municipal
Code, is empowered and required to adopt by resolution, rules of conduct for City
Council meetings; and
WHEREAS, it is desirable to make such procedural rules applicable to all other
boards, commissions, and committees of the City.
NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council as follows :
SECTION 1. RULES OF CONDUCT AND DEBATE FOR THE CITY COUNCIL,
BOARDS, COMMISSIONS. AND COMMITTEES
A. Presidina Officer Mav Debate
The Mayor or presiding officer may move, second, and debate from the chair,
subject only to such limitations of debate as are by these rules established. The
chair shall not be deprived of any of the rights and privileges of a Council or
board member by reason of being the presiding officer.
B. Obtainina The Floor.
Any member of the Council or board wishing to speak must first obtain the floor
by being recognized by the chair. The chair must recognize any member who
seeks the floor when appropriately entitled to do so.
C. Motions.
The chair or any member of the Council or board may bring any matter of
business appearing on the agenda before the body by making a motion. The
chair shall open the matter for debate, offering the first opportunity to debate to
the moving party and, thereafter, to any other member properly recognized by
the chair. Once the matter has been fully debated and seconded and the chair
calls for a vote, no further debate will be allowed; provided, however, Council or
board members may be allowed to explain their vote. The person making the
motion shall have the privilege of closing debate.
D. m.
All members present at a meeting shall vote when the question is called, subject
to the provisions of Lodi Municipal Code Section 2.04.140.
E. Procedural Rules of Order.
Once the main motion is properly placed on the floor, several related motions
may be employed in addressing the main motion. These motions take
precedence over the main motion and, if properly made and seconded, must be
disposed of before the main motion can be acted upon. The following motions
are appropriate and may be made by the chair or any Council or board member
at any appropriate time during the discussion of the main motion. They are listed
in order of precedence. The first three subsidiary motions are non-debatable; the
last four are debatable.
SUBSIDIARY MOTIONS:
1. Lav on the Table. Any member may move to lay the matter under
discussion on the table. The motion temporarily suspends any further
discussion or the pending motion without setting a time certain to resume
debate. It must be moved and seconded and passed by a majority vote.
To bring the matter back before the body, a member must move that the
matter be taken from the table, seconded, and passed by a majority.
A motion to take from the table must be made at the same meeting at
which it was placed on the table or at the next regular meeting of the
body; otherwise, the motion that was tabled dies, although, it can be
raised later as a new motion.
Move Previous Question. Any member may move to immediately bring
the question being debated to a vote, suspending any further debate.
The motion must be made and seconded without interrupting one who
already has the floor. A two-thirds vote is required for passage.
Limit or Extend Limits of Debate. Any member may move to put limits on
or extend the length of debate. The motion must be made and seconded
and requires a two-thirds vote to pass.
Postoone to a Time Certain. Any member may move to postpone the
pending motion to a time certain. This motion continues the pending
main motion to a future date as determined by the Council or board at the
time the motion is passed. The motion must be seconded and requires a
majority vote for passage.
Commit or Refer. Any member may move that the matter being
discussed should be referred to a committee, commission, or staff for
further study. The motion must be seconded and requires a majority vote
for passage. The motion may contain directions for the committee or
commission, as well as a date upon which the matter will be returned to
the Council or board's agenda. If no date is set for returning the item to
the Council or board's agenda, any member may move, at any time, to
require the item be returned to the agenda. The motion must be
seconded and a majority vote is required for passage if the item is to
come back at a future date certain, or a two-thirds vote if the item is to be
immediately discussed by the Council or board at the time the motion to
return is made.
2.
3.
4.
5.
2
6. Amend. Any member may amend the main motion or any amendment
made to the main motion. Before the main motion may be acted upon, all
amendments and amendments to amendments must first be acted upon.
A motion to amend must be seconded and requires a majority vote for
passage. An amendment must be related to the main motion or
amendment to which it is directed. Any amendment which substitutes a
new motion rather than amending the existing motion is out of order and
may be so declared by the chair.
7. Postpone Indefinitely. Any member may move to postpone indefinitely
the motion on the floor, thus avoiding a direct vote on the pending motion
and suspending any further action on the matter. The motion must be
seconded and requires a majority vote for passage.
F. Motions of Privileae. Order. and Convenience.
The following actions by the Council or board are to insure orderly conduct of
meetings and for the convenience of the members. These motions take
precedence over any pending main or subsidiary motion and may or may not be
debated as noted.
1. Call for Orders of the Day. Any member may demand that the agenda be
followed in the order stated therein. No second is required and the chair
must comply unless the Council or board, by majority vote, sets aside the
orders of the day.
Question of Privileae. Any member, at any time during the meeting, may
make a request of the chair to accommodate the needs of the body or
hidher personal needs for such things as reducing noise, adjusting air
conditioning, ventilation, lighting, etc. Admissibility of question is ruled on
by the chair.
3. Recess. Any member may move for a recess. The motion must be
seconded and a majority vote is required for passage. The motion is
debatable.
Adiourn. Any member may move to adjourn at any time, even a there is
business pending. The motion must be seconded and a majority vote is
required for passage. The motion is not debatable.
Point of Order. Any member may require the chair to enforce the rules of
the Council or board by raising a point of order. The point of order shall
be ruled upon by the chair.
M. Should any member be dissatisfied with a ruling from the chair,
he/she may move to appeal the ruling to the full Council or board. The
motion must be seconded to put it before the Council or board. A majority
vote in the negative or a tie vote sustains the ruling of the chair. The
motion is debatable and the chair may participate in the debate.
2.
4.
5.
6.
3
7. Suspend the Rules. Any member may move to suspend the rules if
necessary to accomplish a matter that would otherwise violate the rules.
The motion requires a second and a two-thirds vote is required for
passage.
Division of Question. Any member may move to divide the subject matter
of a motion which is made up of several parts in order to vote separately
on each part. The motion requires a second and a majority vote for
passage. This motion may also be applied to complex ordinances or
resolutions.
9. Reconsider. Except for votes regarding matters which are quasi-judicial
in nature or matters which require a noticed public hearing, the Council or
board may reconsider any vote taken at the same session, but no later
than the same or next regular meeting, to correct inadvertent or
precipitant errors, or consider new information not available at the time of
the vote. The motion to reconsider must be made by a member who
voted on the prevailing side, must be seconded, and requires a majority
vote for passage, regardless of the vote required to adopt the motion
being reconsidered. If the motion to reconsider is successful, the matter
to be reconsidered takes no special precedence over other pending
matters and any special voting requirements related thereto still apply.
Except pursuant to a motion to reconsider, once a matter has been
determined and voted upon, the same matter cannot be brought up again
at the same meeting.
Rescind, ReDeal. or Annul. The Council or board may rescind, repeal, or
annul any prior action taken with reference to any legislative matter so
long as the action to rescind, repeal, or annul complies with all the rules
applicable to the initial adoption, including any special voting or notice
requirements or unless otherwise specified by law.
8.
10.
G. Authoritv of the Chair.
Subject to appeal, the chair shall be the chief parliamentarian, rule on points of
order, and shall have the authority to prevent the misuse of the legitimate form of
motions, or the abuse of privilege of renewing certain motions, to obstruct the
business of the Council or board by ruling such motions out of order. In so ruling,
the chair shall be courteous and fair and should presume that the moving party is
making the motion in good faith.
H. Public Hearinas.
Matters which are required to be heard at a noticed public hearing shall be
conducted in the following manner.
1. Time for Consideration. Matters noticed to be heard by the Council or
board shall commence at the time specified in the notice 9f hearing, or as
soon thereafter as is reasonably possible, and shall continue until the
same has been completed or until other disposition of the matter has
been made.
4
2. Continuance of Hearinas. Any hearing being held or noticed or ordered
to be held by the Council or board at any meeting may, by order or notice
of continuance, be continued or re-continued to any subsequent meeting
in the manner provided herein for adjourned meetings; provided, that if
the hearing is continued to a time less than 24 hours after the time
specified in the order or notice of hearing, a copy of the order or notice of
continuance of hearing shall be posted immedihtely following the meeting
at which the order or notice of continuance was adopted or made.
Public Discussion at Hearinas. When a matter for public hearing comes
before the body, the chair shall open the public hearing. Upon opening
the public hearing and before any motion is adopted related to the merits
of the issue to be heard, the chair shall inquire if there are any persons
present who desire to speak on the matter which is to be heard or to
present evidence respecting the matter. Any person desiring to speak or
present evidence shall make hidher presence known to the chair and
upon being recognized by the chair, the person may speak or present
evidence relevant to the matter being heard. No person may speak
without first being recognized by the chair. Members who wish to ask
questions of the speakers or each other during the public hearing portion,
may do so but only after first being recognized by the chair. The chair
shall conduct the meeting in such a manner as to afford due process.
Time limits may be established by the chair, limiting the duration of
presentations as set forth in these rules.
All persons interested in the matter being heard shall be entitled to submit
written evidence or remarks, as well as other graphic evidence. All such
evidence presented shall be retained by the City Clerk or secretary of the
board as part of the record. No person shall be permitted during the
hearing to speak about matters or present evidence which are not
germane to the matter being considered. A determination of relevance
shall be made by the chair, but may be appealed as set forth in these
rules.
Consideration of Question bv Council or Board. After all members of the
public desiring to speak upon the subject of the hearing have been given
an opportunity to do so, the public hearing shall be closed by the chair,
and the body may consider what disposition they wish to make of the
question or questions presented at the hearing. No member of the public
shall be allowed, without consent of the chair, to speak further on the
question during this period of deliberation: although, the members may
ask questions of the speakers if so desired. At the conclusion of
discussion and appropriate motion having been made and seconded, the
body shall vote on the matter.
3.
4.
I. New Business: Introduction.
During Council meetings, no new business on the agenda (except closed
sessions) shall be considered after 11 :00 p.m. without two-thirds vote of the
Council. Any new business remaining on the agenda shall be carried over to the
next regular Council meeting.
5
J. Quorum: Maioritv: Two-Thirds Vote: Determination.
As used in this resolution or in the application of Lodi Municipal Code Chapter
2.04, the following definitions shall apply:
1. "Quorum" shall mean a simple majority of the total number of all persons
on such body.
"Majority" shall mean the majority of members actually present at a
meeting.
"Two-thirds vote" shall mean two-thirds vote of the members actually
present, rounded up or to the next number if less than a whole person.
Two-thirds of four members shall be three members: two-thirds of five
members shall be four members: etc.
2.
3.
K. The City Attorney shall review the City Council Agenda prior to its distribution to
Council and note all Quasi Judicial items thereon. When the City Council or
commission acts in an adjudicatory or quasi-judicial capacity, each member must
(1) disclose on the record the nature and substance of any ex parte
communications relating to the matter; and (2) provide interested parties full and
fair opportunity to rebut or explain the information obtained from those
communications.
SECTION 2. This Resolution shall become effective immediately.
Dated: February 15, 2006 ..............................................
I hereby certify that Resolution No. 2006-31 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held February 15, 2006, by the following
vote:
AYES: COUNCIL MEMBERS - Beckman, Hansen, Johnson, Mounce,
and Mayor Beckman
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
3bJ-k.- SUSAN J. BLACKSTON
City Clerk
2006-31
6
RESOLUTION NO. 2004-1 15
A RESOLUTION OF THE LODl CITY COUNCIL
ADOPT IN^ THE CITY OF LODI CODE OF ETHICS AND VALUES
BE IT RESOLVED that the City of Lodi Code of Ethics and Values, as shown on
Exhibit A attached hereto, is hereby adopted by the City Council of the City of Lodi to be
effective imm~diately; and
FURTHER RESOLVED that this resolution shall apply to Lodi City Council
Members and City Council Appointees (i.e. City Manager, City Attorney, and City Clerk).
Dated: June 2, 2004
I hereby certify that Resolution No. 2004-1 15 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held June 2, 2004, by the following
vote:
AYES: COUNCIL M~MB~RS - Beckman, Hitchcock, Howard, Land, and
Mayor Hansen
NOES: COUNCIL M~MB~RS - None
ABSENT: COUNCIL MEM~~RS - None
ABSTAIN: COUNCIL M~MBERS - None
SUSAN J. BLACKSTON
City Clerk
2004-1 15
es
The proper operation of democratic government requires that decision-makers be
independent, impa~ial, and accoun~able to the people they serve. The City of
Lodi has adopted this Code of Ethics and Values to promote and maintain the
highest standards of personal professional conduct in the City’s government. All
elected and appointed officials are required to subscribe to this Code, understand
how it applies to their specific responsibilities, and practice its eight core values
in their work. Because we seek public confidence in the City’s services and
public trust of its decision-makers, our decisions and our work must meet the
most demanding ethical standards and demonstrate the highest levels of
achievement in following this Code.
1. a
ra
a)
b)
C)
d)
e)
f)
i am trustworthy, acting with the utmost integrity and moral courage.
I am truthful, do what I say I will do, and am dependable.
i make impartial decisions, free of bribes, unlawful gifts, narrow political interests,
and financial and other personal interest that impair my independence of
judgment or action.
i am fair, distributing benefits and burdens according to consistent and equitable
criteria.
I extend equal opportunities and due process to ail parties in matters under
consideration. If I engage in unilateral meetings and discussions, I do so without
making voting decisions.
i show respect for persons, confidences, and information designated as
“confidential” to the extent permitted by California law.
I use my titie(s) only when conducting official City business, for information
purposes, or as an indication of background and expertise. carefully considering
whether I am exceeding or appearing to exceed my authority.
9)
2.
I apply my knowledge and expertise to my assigned activities and to the
interpersonai relationships that are part of my job In a consistent, confident,
competent, and productive manner.
I approach my job and work-related relationships with a positive attitude.
I keep my professional knowledge and skills current and growing. b)
C)
a)
b)
c)
I provide friendly, receptive, courteous service to everyone.
I am attuned to, and care about, the needs and issues of citizens, public officials,
and City workers.
In my interactions with constituents, I am interested, engaged, and responsive.
policylCodeOElhics doc
Cl7-Y OF LODl
CODE OF ETHICS
Page 2 of 2
this value loo
I make decisions after p consideration of their financial impact, taking into
account the long-term financial needs of the City, especially its financial stability.
I demonstrate concern for the proper use of City assets (e.g. personnel, time,
property, equipment, and funds) and follow established procedures.
I make good financial decisions that seek to preserve programs and services for
City residents.
b)
c)
decisions and recommendations based upon
research and facts, taking into consideration short- and long-term goals.
I follow through in a responsible way, keeping others informed, and responding in
a timely fashion.
I am respectful of established City processes and guidelines.
b)
C)
a) I convey the City's care for and commitment to its citizens.
I communicate in various ways that I am approachable, open-minded, and willing
to participate in dialog.
I engage in effective two-way communication, by listening carefully, asking
questions, and determining an appropriate response, which adds value to
conversations.
b)
c)
7.
a)
b)
C)
d)
I act in a cooperative manner with groups and other individuals, working together
in a spirit of tolerance and understanding.
I work toward consensus-building and gain value from diverse opinions.
I accomplish the goals and responsibilities of my individual position, while
respecting my role as a member of a team.
I consider the broader regional and slate-wide implications of the City's decisions
and issues.
a) I exhibit a proactive, innovative approach to setting goals and conducting the
City's business.
I display a style that maintains consistent standards, but is also sensitive to ihe b) need to compromise, "thinking outside the box," and improving existing
paradigms when necessary.
I promote intelligent and thoughtful innovation in order to forward the City's policy
agenda and City services. C)
RESOLUTION NO. 2009-146
The Lodi City Council (“the Council”) is an elected legislative and deliberative
public body, serving the citizens of Lodi, California, and after hearing makes the
following findings:
WHEREAS, the Council wishes to maintain a tradition of solemnizing its
proceedings by allowing for a pluralistic call to civic responsibility according to the faiths
or beliefs of Lodi’s citizens (the “Invocation”) before each meeting, for the benefit of the
Council; and
WHEREAS, the Council now desires to adopt this formal, written policy to clarify
and codify its Invocation practices and amend the Council Protocol Manual adopted by
Resolution No. 2006-45 accordingly; and
WHEREAS, in Marsh v. Chambers, 463 U.S. 783 (1983), the United States
Supreme Court rejected a challenge to the Nebraska Legislature’s practice of opening
each day of its sessions with a prayer by a chaplain paid with taxpayer dollars, and
specifically concluded, “The opening sessions of legislative and other deliberative public
bodies with prayer is deeply embedded in the history and tradition of this country. From
colonial times through the founding of the Republic and ever since, the practice of
legislative prayer has coexisted with the principles of disestablishment and religious
freedom.” Id., at 786; and
WHEREAS, the United States Supreme Court has determined, “The content of
[such] prayer is not of concern to judges where. . .there is no indication that the prayer
opportunity has been exploited to proselytize or advance any one, or to disparage any
other, faith or belief.” Marsh, 463 U. S. at 794-795. Thus, Marsh focuses on exploitation
of the prayer opportunity and efforts, direct or not, to proselytize; to promote or sell a
particular religion; and
WHEREAS, in Simpson v. Chesterfield County Bd, of Supervisors, 404 F.3d 276
(4‘h Cir. 2004), cert, denied, the United States Court of Appeals for the Fourth Circuit
reviewed and specifically approved as constitutional the prayer policy of a county board,
and made a number of findings about the policy; and
WHEREAS, the Council acknowledges the general guidance provided by the
Fourth Circuit‘s findings in Simpson, including the fact that the policy there:
(1) Allowed for invocations for the benefit of the legislative body itself “rather
than for the individual leading the invocation or for those who might also be present,” Id.,
at 284; and
I (2) Established a practice in which various clergy in the county’s religious
community were invited on a rotating basis to present invocations before meetings of the
board; Id., at 279; and
(3) Thus, “made plain that [the county board] was not affiliated with any one
specific faith” by allowing different persons from different religious convictions and
backgrounds to offer the invocations. Id., at 286; and
WHEREAS, in Pelphrey v. Cobb County, Georgia, 547 F.3d 1263, 1271 (Ilth Cir.
2008), the Eleventh Circuit embarked on a thorough and scholarly examination of the
Marsh test for invocations when it affirmed as constitutional the invocation policy of a
county commission. In so doing, the Eleventh Circuit reached very similar findings as to
those of the Fourth Circuit in Simpson, and the Council finds its findings also provide
useful guidance:
(I) The Marsh Court considered several factors to determine whether the
legislative prayers at issue had been exploited to advance one faith in violation of the
Establishment Clause - the Court weighed the chaplain’s religious affiliation, his tenure
before the legislative body, and the overall nature of his prayers. Marsh, 463 U.S. at
792-95. The “nonsectarian” nature of a chaplain’s prayers is but one factor in this fact-
intensive analysis and it does not form the basis for a bright-line rule. Pelphrey, 547
F.3d at 1271; and
(2) An invocation policy which results in prayers from speakers from a wide
cross section of a municipality’s religious leaders (i.e., leaders of Christian, Jewish,
Muslim and Unitarian faiths), and which allows prayers that include specific references
from each of the various faiths, does not advance, proselytize or disparage any
particular religious faith. Id. at 1277-1 278; and
WHEREAS, the Council notes that the Ninth Circuit, in an unpublished decision,
has also acknowledged that a policy for invocations that, “as is traditional in Congress,
rotate[s] among leaders of different faiths, sects, and denominations” may pass
constitutional muster due to the fact that such a policy does not proselytize or disparage
any particular religious belief. Bacus v. Palo Verde Unified School District Board of
Education, 52 Fed.Appx. 355, 356 (9th Cir.2002); and
WHEREAS, the Council acknowledges the decision of California Second District
Court of Appeal in Rubin v. City of Burbank, I01 Cal.A~p.4‘~ 1194 (2002), which found
illegal an invocation policy that allowed references to particular faiths. However, the
Council believes the Rubin holding does not apply to the policy set forth herein because:
(1) The Rubin policy was not open to all religious groups within the City of
Burbank; and
(2) The Rubin policy was not open to non-religious groups; and
(3) association; and
Appearances under the Rubin policy were controlled by a pastoral
(4) The Rubin Invocation was given during the Council meeting;
WHEREAS, invocations consistent with the policy adopted herein are currently
offered before the United States House of Representatives, United States Senate, and
the California Senate; and
WHEREAS, the Council intends and has intended in past practice, to adopt a
policy that does not proselytize, advance or disparage any particular faith or religious
belief or show any purposeful preference of one religious view to the exclusion of others;
and
WHEREAS, the Council recognizes its constitutional duty to interpret, construe,
and amend its policies and ordinances to comply with constitutional requirements as
they are announced; and
WHEREAS, the Council accepts as binding the applicability of general principles
of law and all the rights and obligations afforded under the United State Constitution and
the Constitution of the State of California.
NOW, THEREFORE, BE IT RESOlVED by the Lodi City Council that the Council
hereby adopts the following written policy regarding legislative invocations before
meetings of the Council, to wit:
1. In order to solemnize proceedings of the Council, it is the policy of the
Council to allow for a legislative invocation (the “Invocation”) to be offered before its
meetings for the benefit of the Council. The Invocation shall be given in the manner of a
“Call to Civic Responsibility” encouraging the Council to consider the City’s business
with open minds and make just, wise and compassionate decisions.
2. The Invocation shall occur at 6:55 p.m. prior to the opening and noticed
start time of the Council’s meeting and shall be listed on the agenda.
3. No member or employee of the Council or any other person in attendance
at the meeting shall be required to participate in any Invocation that is offered.
4. The Invocation shall be voluntarily delivered by an eligible person as
detailed below. To ensure that such person (the “Invocation Speaker”) is selected from
among a wide pool on a rotating basis, the Invocation Speaker shall be selected
according to the following procedure:
a. The City Clerk (the “Clerk”) shall compile and maintain a database
(the “Invocation List”) of the religious congregations and secular
groups with an established presence within and around the City of
Lodi.
b. The Invocation List shall be compiled by referencing the listing for
“churches,” “congregations,” or other religious assemblies and
nonprofit civic groups in the annual Yellow Page phone book(s)
published for the City of Lodi, research from the Internet, and
consultation with local Chambers of Commerce. All religious and
secular groups with an established presence in the local
community of Lodi including Lodi citizens who must leave Lodi to
attend a house of worship are eligible to be included in the
Invocation List. Any such group not otherwise identified for
participation may request its inclusion by specific written
communication to the Clerk.
c. This policy is intended to be and shall be applied in a way that is
all-inclusive of every diverse religious and secular group within
and around the City of Lodi. The Invocation List is to be compiled
and used for purposes of logistics, efficiency and equal
opportunity for all who may choose to participate in the Invocation.
5.
6.
7.
8.
9.
10.
d. The Invocation List shall also include the name and contact
information of any chaplain who may serve one or more of the fire
departments or law enforcement agencies of the City of Lodi.
e. The Invocation List shall be updated annually, by reasonable
efforts of the Clerk.
f. Within thirty (30) days of the effective date of this policy, and
annually each calendar year thereafter, the Clerk shall mail an
invitation addressed to each group listed on the Invocation List, as
well as to the individual chaplains included on the Invocation List.
g. Respondents to the invitation letter shall be scheduled on a first-
come, first-serve basis to deliver the Invocation.
No Invocation Speaker shall receive compensation for his or her service.
The Clerk shall make every reasonable effort to ensure that the eligible
Invocation Speakers that are scheduled to give the Invocation before the
Council meetings represent a variety of view points from within and
around the City of Lodi. In any event, no Invocation Speaker shall be
scheduled to offer an Invocation at consecutive meetings of the Council,
or at more than two (2) Council meetings in any calendar year.
Neither the Council nor the Clerk shall engage in any prior inquiry, review
of, or involvement-in, the content of any Invocation. Moreover, the
Invocation may be given in a manner that respectfully references the faith
or beliefs of the Invocation Speaker. However, no Invocation Speaker
shall give an Invocation that seeks to: 1) convert those present to a
particular religious belief or seeks to demean a particular religious belief
or lack thereof; 2) advocates a political agenda; or 3) asserts the
accuracy, inaccuracy, or primacy of any religious belief or lack thereof.
Invocation Speakers who violate this policy shall be permanently removed
from the Invocation List and their Invocation may be interrupted and
terminated by the Mayor.
Shortly before the opening gavel that officially begins the meeting and the
agendalbusiness of the public, the Mayor shall introduce the Invocation
Speaker, and invite only those who wish to do so to stand for those
observances given for the benefit of the Council.
In the event that the Invocation Speaker does not or cannot appear as
scheduled, or in the event that no Invocation Speaker has volunteered or
been scheduled for a particular Council meeting, shortly before the
opening gavel that officially begins the meeting and the agenda/business
of the public, the Mayor shall announce a moment of silence for individual
reflection; and invite only those who wish to do so to stand for those
observances given for the benefit of the Council.
This policy is not intended, and shall not be implemented or construed in
any way, to affiliate the Council with, nor express the Council’s preference
for or against, any faith or religious denomination, belief, affiliation or lack
thereof. Rather, this policy is intended to acknowledge and express the
,
Council’s respect for the diversity of religious and non-religious thought
represented and practiced among the citizens within and around the City
of Lodi.
1 I. To clarify the Council’s intentions, as stated herein above, the following
disclaimer shall be included in at least I0 point font under the Invocation
Agenda Item:
“Invocations may be offered by any of the various religious and non-
religious organizations within and around the City of Lodi. Invocations are
voluntary offerings of private citizens, to and for the benefit of the Council.
The views or beliefs expressed by the Invocation Speaker have not been
previously reviewed or approved by the Council, and the Council does not
endorse the beliefs or views of any Invocation Speaker or religious
organization.”
NOW, THEREFORE, BE IT FURTHER RESOLVED that this policy shall become
effective immediately.
I hereby certify that Resolution No. 2009-146 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held October 21, 2009, by the
following vote:
AYES: COUNCIL MEMBERS - Hitchcock, Johnson, Katzakian, Mounce,
and Mayor Hansen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
Atto
Mayor
City Clerk
2009-146
Commissioner’s Handbook
“A Guide for Community Volunteers”
Prepared by:
Office of the City Clerk
City of Lodi
221 W. Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
cityclerk@lodi.gov
EXHIBIT B
CITY OF LODI
COMMISSIONER’S HANDBOOK
TABLE OF CONTENTS PAGE
Introduction 1
Commission Appointment Process and Removal 2
Code of Ethics and Values 5
Mandatory AB1234 Ethics Training 6
Mission Statement / Goals and Priorities 7
City Organizational Chart 8
City Departments and Commission Liaisons / Contact Information 9
Commission and Meeting Information 10
Roles 14
Commission Norms 15
Responsibilities of Commissioners 16
Relationships
a) Working Relationships
b) Basic Guidelines
c)Relationships with Other Commissioners
d)Relationships with Council
e)Relationships with Staff and Staff Liaison
f)Relationships with Public
18
18
18
18
18
19
20
Meeting Basics
a) Preparation for Meetings
b) Attendance
22
22
22
Rules of Debate (Resolution 2006-31)
a) Resolution 2006-31
b) Chair
c) Commissioner Members
d)Addressing Commission From the Floor
e)Addressing Commission After Motion Made
23
23
26
26
27
27
Decorum in Meetings
a) Proceedings
b) Managing Difficult Meetings
28
28
29
Conflicts of Interest 30
Ralph M. Brown Act 31
Conclusion 32
APPENDIX
City at a Glance 33
Page | 1
INTRODUCTION
Congratulations on your recent appointment to one of the City of Lodi’s commissions! Your
appointment is an honor and reflects the City Council’s confidence in your ability and judgment.
The City Council and staff look forward to working with you and to receiving the benefit of your
insight and guidance during the process of decision making. As a member of a City commission,
you have the opportunity to help mold Lodi’s future.
This Handbook has been prepared to help orient you concerning the functions and activities of
the commission to which you have been appointed. The Handbook is designed to contribute to
your general knowledge and understanding of public affairs and to aid in identifying the scope
and parameters of your duties and responsibilities. It is also part of an effort to make it as easy
as possible for you to enjoy the experience of serving on a City commission.
We hope that this Handbook will provide you with the necessary information to understand the
role of your commission and your responsibilities as a member of the same.
While participation on a City commission is a major responsibility, we hope that it will prove to be
a meaningful and rewarding experience for you. City service provides opportunities to gain a
greater understanding of the issues facing municipal government and to become actively involved
in resolving those issues in a manner that reflects the best interests of the community.
Each description of a law or legal requirement in these materials is intentionally brief. Any
questions regarding this information and requests for additional information should be directed
first to your Staff Liaison and then to the City Attorney’s Office.
We hope that you enjoy your tenure as a vital part of the City’s team and sincerely thank you for
your willingness to devote your time and energy to serve your community.
NOTE: For purposes of this Handbook, the term “commission” shall refer to all City boards, commissions,
committees, and task forces and “commissioners” shall refer to members of City boards, commissions,
committees, and task forces.
Page | 2
COMMISSION APPOINTMENT PROCESS AND REMOVAL
The City of Lodi commission appointment process and removal of members described below is
an excerpt from the City Council Protocol Manual.
Appointment
Resolution No. 2003-156, adopted by the Lodi City Council on August 20, 2003, establishes the
policy regarding appointment of persons to membership on a City board, committee, and
commission (hereinafter “Commission”). Commission applicants, with the exception of the
Greater Lodi Area Youth Commission, must be registered voters of San Joaquin County; Lodi
Arts Commission applicants must be registered voters of the City of Lodi (Res. 2017-208); and
Site Plan and Architectural Review Committee applicants must be registered voters of the City of
Lodi. Pursuant to LMC Section 2.16.010, “Established—Appointment,” Planning Commission
applicants must be registered voters of the City of Lodi. Those applicants not meeting these
requirements will be notified by the City Clerk’s Office that their application does not meet
specifications and cannot be considered for appointment. Applications are to be accepted by the
City Clerk for 30 days and shall remain valid and on file for one year. Exception: Full-time and
part-time City employees are prohibited from serving on a commission.
Those seeking appointment to a commission must submit an application to the City Clerk’s Office.
Those commissioners whose terms have expired must submit a new application (terms are not
automatically renewed), and the City Clerk will notify said commissioners with a letter and new
application form. Following the close of the 30-day application period, copies of all applications
will be provided to Council Members for informational purposes, as well as to the appropriate staff
liaisons, who will be asked to provide feedback on each candidate, including those seeking
reappointment.
The Mayor shall conduct interviews and submit recommendation(s) for appointment to the City
Clerk’s Office for placement on the City Council agenda for motion action. Exception: The Greater
Lodi Area Youth Commission may conduct independent interviews of all applicants, providing the
Mayor with a ranking of the top ten, which he/she shall use in selecting qualified candidates.
Following Council appointment, the successful candidate(s) will be notified by the City Clerk’s
Office via letter of the appointment, Conflict of Interest ~ Form 700 filing obligation (if required),
mandatory AB1234 ethics training and compliance, Oath of Office form, and Commissioner’s
Handbook. Copies of the letter and completed application form(s) will be forwarded to the
appropriate staff liaison, who will contact the successful candidate(s) regarding meeting dates
and times and responsibilities. The City Clerk’s Office will notify the unsuccessful candidates of
the outcome and confirm the status of their application (i.e. currently valid; has or about to expire;
etc.).
The appointed commissioners assume office at the time the Oath of Office form is completed and
submitted to the City Clerk’s Office. Newly-appointed commissioners are not permitted to
participate in commission meetings or activities until the Oath is filed. Failure to comply with this
requirement within 30 days will cause the seat to be unfilled, and the City Clerk shall post for the
vacancy at the next regularly-scheduled Council meeting pursuant to the Council’s Protocol
Manual guidelines.
Appointed commissioners serve without compensation except as Council may prescribe from time
to time by resolution or ordinance. (EXCEPTION: Planning Commissioners receive compensation
pursuant to LMC Section 2.16.020 – Compensation.)
Page | 3
Appointees to all City boards and commissions are required to receive mandatory AB1234 ethics
training within 30 days of appointment (and by December 31 of even-numbered years thereafter)
and submit a completed Proof of Participation Certificate to the City Clerk (EXCEPTION: Greater
Lodi Area Youth Commissioners ~ Student Appointees). The City Clerk shall notify appointed
commissioners via letter of available training opportunities. Appointees cannot receive
compensation, stipend, or training reimbursement until AB1234 ethics training is completed.
Failure to comply with the mandatory ethics training will result in the appointee’s removal from the
commission.
Some appointees will be required to complete a Conflict of Interest ~ Form 700 ~ Assuming Office
Statement within 30 days of taking office. The City Clerk shall notify appointees of this filing
requirement and provide the necessary forms. Those who do not comply with the Form 700
obligation will be subject to applicable rules, penalties, and fines as set forth by the Fair Political
Practices Commission. Filers have the option to file electronically through the City’s electronic
filing system, NetFile; however, to ensure reporting continuity, once a statement, report, or other
document is filed electronically on behalf of any filer, all future reports and other documents filed
on behalf of that filer must be filed electronically.
Commissioners appointed to a vacated seat or unexpired term shall serve out the remainder of
the term, unless said term is due to expire within six months of the appointment date. In that case,
the term shall automatically be extended by the commission’s stated term limit.
Removal
An individual appointed by the City Council to a commission shall continue to serve as a member
thereof except when:
1. The individual’s term of office expires and a different individual has been appointed. If the
incumbent individual applied for reappointment, he/she may continue to serve in the office until
appointment of a different individual is made, even after the term expires. If not, the incumbent
may only serve until the expiration date of the term of office.
2. The individual voluntarily resigns from the commission.
3. The individual no longer resides and/or is a registered voter within the required jurisdiction.
4. The individual fails to attend three (3) consecutive meetings of the commission and does not
have prior approval for said absences by way of a majority action of the commission. In such
case, the commission shall vote to recommend that Council remove the member and post for the
vacancy, which the City Clerk will submit to Council at its next regularly-scheduled meeting.
5. The individual fails to comply with the mandatory AB1234 ethics training by December 31 of
even-numbered years. In such case, a non-compliance letter will be mailed the first week of
January by the City Clerk to the individual providing 30 days to conform and submit the
certification. At the conclusion of the 30-day period, the City Clerk will notify the individual that if
the required training and certification is not completed within 10 days, the seat will be vacated
and the City Clerk will place an item on the next regularly-scheduled City Council agenda to
declare the position vacant and post for the open seat.
A majority vote of the City Council may remove any member of a commission for any reason
including, but not limited to, incompetence, inability to work productively with fellow
commissioners, conduct unbecoming a public official, violating the City's Conflict of Interest Code,
failing to comply with statutory requirements, or failing to attend fifty percent (50%) of commission
Page | 4
meetings in a calendar year. Conduct unbecoming a public official includes the conduct that any
reasonable commissioner would know is incompatible to public service, would indicate a lack of
fitness to perform the functions of a commissioner, or would discredit or cause embarrassment to
the City.
Any member of the City Council may initiate an individual’s removal from a commission by
requesting that consideration of the individual’s removal be placed on the Council's agenda at a
regular or special meeting for discussion and potential action. The City Clerk shall notify the
person affected of the time and place of the meeting. When the item is on the City Council agenda,
the City Council may, by majority vote, remove the individual from a commission.
At the beginning of each year, the City Clerk will place an item on the Council’s agenda to report
on attendance, AB1234 ethics training and compliance, and Statement of Economic Interest ~
Form 700 compliance for each commissioner.
Page | 5
CODE OF ETHICS AND VALUES
The proper operation of democratic government requires that decision-makers be independent,
impartial, and accountable to the people they serve. The City of Lodi adopted a Code of Ethics
and Values (Resolution No. 2004-115) on June 2, 2004, to promote and maintain the highest
standards of personal professional conduct in the City’s government. Commissioners shall value
and recognize the importance of the trust invested in them by the public to accomplish the
business of the City and shall accord the utmost courtesy to each other, to City employees, and
to the public appearing before them. At all times, commissioners in the minority on an issue shall
respect the decision and authority of the majority.
City of Lodi commissioners vow to be:
thical ~ Act with utmost integrity and moral courage; be truthful, making impartial
decisions; be fair, extending equal opportunities and due process to all parties; and be
respectful for persons, confidences, and information designated as “confidential” to the
extent permitted by California law.
rofessional ~ Apply knowledge and expertise to assigned activities and interpersonal
relationships; approach the job and work-related relationships with a positive attitude; and
keep professional knowledge and skills current and growing.
ervice-oriented ~ Provide friendly, receptive, courteous service; care about the needs
and issues of citizens, public officials, and City workers; and be interested, engaged, and
responsive.
iscally responsible ~ Make decisions after prudent consideration of financial impact,
long-term financial needs of the City, and its financial stability; demonstrate concern for
proper use of City assets and follow established procedures; and make good financial
decisions that seek to preserve programs and services for City residents.
rganized ~ Act in efficient manner, making decisions and recommendations based upon
research and facts, taking into consideration short- and long-term goals; keep others
informed and respond in a timely fashion; and be respectful of established City processes
and guidelines.
ommunicative ~ Convey City’s care for and commitment to citizens; be approachable,
open-minded, and willing to participate in dialog; and engage in effective two-way
communication.
ollaborative ~ Act in a cooperative manner with groups and other individuals; work
together in a spirit of tolerance and understanding; work toward consensus-building and
gain value from diverse opinions; and accomplish goals and responsibilities, while
respecting role as a member of a team.
rogressive ~ Exhibit proactive, innovative approach to setting goals and conducting the
City’s business; display a style that maintains consistent standards, but is also sensitive
to the need to compromise and “thinking outside the box”; and promote intelligent and
thoughtful innovation in order to forward the City’s policy agenda and services.
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MANDATORY AB1234 ETHICS TRAINING
Government Code sections 53235 and 53235.1 state that, if a local agency provides
compensation, salary, or a stipend to a member of a legislative body or reimbursement for
expenses incurred by a member of a legislative body in the performance of official duties, then all
local agency officials shall receive two-hour training in ethics. The City of Lodi provides a training
opportunity in December of even-numbered years; the League of California Cities and other
agencies offer training opportunities through conferences; and on-line training is available through
sources such as Fair Political Practices Commission and the Institute of Local Government.
The City Council mandates that the following positions, commissions, and/or individuals are
required to receive ethics training upon being hired or appointed and by December 31 of even-
numbered years thereafter: City Council Members; City Council Appointees (i.e. City Manager,
City Attorney, City Clerk); Executive Managers; members of all boards and commissions
(EXCEPTION: Greater Lodi Area Youth Commissioners ~ Student Appointees).
To view Government Code Article 2.4, Ethics Training [sections 53234-53235.2], in its entirety, visit
www.leginfo.legislature.ca.gov/.
Page | 7
MISSION STATEMENT / GOALS AND PRIORITIES
City of Lodi Mission Statement
“The City of Lodi’s purpose is to enhance the quality of life for
Lodi residents reflecting our high community standards.”
City Council Goals and Priorities
Economic Development, including "shovel-ready" land and incentive program to focus on
underutilized parcels
Public Safety, Gang Reduction Intervention Program, training, and increase in staffing
Fiscal sustainability, asset preservation, CaIPERS and Other Post-Employment Benefits
East Side Rehabilitation, incentive programs, and infrastructure
Addressing homelessness issues
Providing Downtown WiFi internet and music
Beautification of highway overpasses
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City Organizational Chart
Page | 9
CITY DEPARTMENTS AND COMMISSION LIAISONS / CONTACT INFORMATION
DEPARTMENT HEADS
TITLE NAME PHONE NO. E-MAIL
City Manager Stephen Schwabauer 209-333-6700 sschwabauer@lodi.gov
City Attorney Janice D. Magdich 209-333-6701 jmagdich@lodi.gov
City Clerk Jennifer M. Ferraiolo 209-333-6702 jferraiolo@lodi.gov
Deputy City Manager Andrew Keys 209-333-6700 akeys@lodi.gov
Public Works Director Charlie Swimley 209-333-6706 cswimley@lodi.gov
Community Development
Director
Stephen Schwabauer 209-333-6711 sschwabauer@lodi.gov
Police Chief Tod Patterson 209-333-6725 tpatterson@lodi.gov
Fire Chief Gene Stoddart 209-333-6739 estoddart@lodi.gov
Electric Utility Director Jeff Berkheimer 209-333-6762 jberkheimer@lodi.gov
Parks, Recreation, and
Cultural Services Director
Jeff Hood 209-333-6742 jhood@lodi.gov
Library Services Director Anwan Baker 209-333-5566 abaker@lodi.gov
COMMISSION LIAISONS
TITLE NAME PHONE NO. E-MAIL
Greater Lodi Area Youth
Commission
Jennifer Winn
Recreation Manager
209-333-6891 jwinn@lodi.gov
Library Board of Trustees Anwan Baker
Library Services Director
209-333-5566 abaker@lodi.gov
Lodi Arts Commission Jennifer Winn
Recreation Manager
209-333-6891 jwinn@lodi.gov
Lodi Improvement
Committee
Patrice Clemons
CDBG Program Specialist
209-333-6711 pclemons@lodi.gov
Lodi Senior Citizens
Commission
Jennifer Winn
Recreation Manager
209-333-6891 jwinn@lodi.gov
Measure L Citizens’
Oversight Committee
Andrew Keys
Deputy City Manager
209-333-6700 akeys@lodi.gov
Parks and Recreation
Commission
Jeff Hood
PRCS Director
209-333-6742 jhood@lodi.gov
Personnel Board of Review Jennifer Ferraiolo
City Clerk
209-333-6702 jferraiolo@lodi.gov
Planning Commission Kari Chadwick
Community Dev. Secretary
209-333-6711 kchadwick@lodi.gov
Site Plan and Architectural
Review Committee
Kari Chadwick
Community Dev. Secretary
209-333-6711 kchadwick@lodi.gov
Page | 10
COMMISSION AND MEETING INFORMATION
The following is a list of City Council appointed commissions:
TITLE
NO. OF
MEMBERS
MEETING
LOCATION
MEETING TIMES
LENGTH
OF TERM
Greater Lodi Area Youth
Commission ~ Adult
Advisors
Greater Lodi Area Youth
Commission ~ Student
Members
6
9
Hutchins Street
Square ~ Cottage
Room
2nd Monday of each month
at 7 p.m.
3 years
2 years
Library Board of Trustees 5 Lodi Public Library
~ Community
Room
2nd Monday of each month
at 5:30 p.m.
3 years
Lodi Arts Commission 7
2 ex-officio
members*
Carnegie Forum
Council Chambers
2nd Wednesday of each
month at 12:00 p.m.
3 years
Lodi Improvement
Committee
7 Carnegie Forum
Council Chambers
2nd Tuesday of each
month at 6:00 p.m.
3 years
Lodi Senior Citizens
Commission
7 Hutchins Street
Square ~ Senior
Center
1st Thursday of each
month at 8 a.m.
4 years
Measure L Citizens’
Oversight Committee
5 Carnegie Forum
Council Chambers
Meets at least three times
per year
3 years
(2 term limit)
Parks and Recreation
Commission
5 Carnegie Forum
Council Chambers
1st Tuesday of each month
at 7:00 p.m.
4 years
Personnel Board of
Review
5 Carnegie Forum
Council Chambers
As needed 3 years
Planning Commission 7 Carnegie Forum
Council Chambers
2nd and 4th Wednesdays of
each month at 7:00 p.m.
4 years
Site Plan and
Architectural Review
Committee
5 Carnegie Forum
Council Chambers
2nd and 4th Wednesday of
each month at 5:15 p.m.
4 years
*Lodi Arts Commission also has 2 ex-officio members from Parks and Recreation Commission, Planning Commission, or SPARC
– these members have voting rights to select public art projects; however, they do not count for quorum purposes.
Meeting Location Addresses
Carnegie Forum ~ 305 W. Pine Street, Lodi
Hutchins Street Square ~ 125 S. Hutchins Street, Lodi
Lodi Public Library ~ 201 W. Locust Street, Lodi
Page | 11
Greater Lodi Area Youth Commission
Establishment: The six Adult Advisors and nine Student Members of the Greater Lodi Area Youth
Commission are appointed by the Lodi City Council. Adult Advisors serve three-year terms, and
Student Members serve two-year terms. Adult Advisors on the Greater Lodi Area Youth
Commission must be registered to vote in San Joaquin County at the time of application. There
is no registration requirement for Student Members, and membership is open to junior high and
high school students living within the Lodi Unified School District boundaries. The authority for
the Greater Lodi Area Youth Commission is Resolution 2015-06.
Purpose: The purpose of the Greater Lodi Area Youth Commission is to affect positive growth in
young adults through a variety of activities that will generate interest and participation within the
community. Adult Advisors provide guidance and mentorship of commission members and assist
them with programs intended to enhance the lives of our community’s younger residents. Student
Members work with other youth, under the guidance of volunteer Adult Advisors, to develop
engaging programs that provide entertainment, recreation, personal development, and promote
volunteerism.
Library Board of Trustees
Establishment: The five members of the Library Board of Trustees are appointed by the Lodi City
Council and serve three-year terms. Members of the Library Board of Trustees must be registered
to vote in San Joaquin County at the time of application. The authority for the Library Board of
Trustees is the Education Code sections 18910-18927. These members are identified in the City
of Lodi’s Conflict of Interest Code and file annual statements of economic interests with the City
Clerk’s Office.
Purpose: The purpose of the Library Board of Trustees is to manage the Lodi Public Library; set
policy and budget guidelines; review and act on proposals; and advocate on behalf of the library
to government officials at all levels.
Lodi Arts Commission
Establishment: The seven members of the Lodi Arts Commission are appointed by the Lodi City
Council and serve three-year terms. Additionally, there are two ex-officio members appointed
from the Parks and Recreation Commission, Planning Commission, or the Site Plan and
Architectural Review Committee (see Art in Public Places below for further information). Members
of the Lodi Arts Commission must be registered to vote in the City of Lodi at the time of application.
The authority for the Lodi Arts Commission is Resolution 2017-208. These members are identified
in the City of Lodi’s Conflict of Interest Code and file annual statements of economic interests with
the City Clerk’s Office.
Art in Public Places: In 2001, the Lodi City Council established an Art in Public Places program, along
with an Art Advisory Board, to help the City select and install artwork for public projects. Funding for
Art in Public Places comes from developers' fees designated for Lodi's environmental enrichment. The
Board was responsible for reviewing proposed public art projects and assuring they are high-quality,
as well as recommending and approving artworks and artists for the Art in Public Place Program. In
2017, the Art Advisory Board was abolished and folded in with the Lodi Arts Commission by adding
two ex-officio members representing the Parks and Recreation Commission, Planning Commission, or
Site Plan and Architectural Review Committee.
Page | 12
Projects: Art in Public Places projects include sidewalk mosaics, art bike racks, bronze sculptures on
loan in the downtown area, and the painted traffic control boxes located throughout the City.
Purpose: The purpose of the Lodi Arts Commission is to inspire, encourage and promote the arts
in the community. In addition, the Arts Commission oversees the City’s public art program, and
recommends the distribution of annual arts grants awarded by the City Council. The Commission
assists the Lodi Arts Foundation to raise funds to advance the goals and objectives of the Lodi
Arts Commission.
Lodi Improvement Committee
Establishment: The seven members of the Lodi Improvement Committee are appointed by the
Lodi City Council and serve three-year terms. Members of the Lodi Improvement Committee must
be registered to vote in San Joaquin County at the time of application. The authority for the Lodi
Improvement Committee is Resolution 2018-89. These members are identified in the City of Lodi’s
Conflict of Interest Code and file annual statements of economic interests with the City Clerk’s
Office.
Purpose: The purpose of the Lodi Improvement Committee is to maintain and improve the quality
of life and appearance of Lodi by the coordinated efforts of a broad spectrum of the community.
Lodi Senior Citizens Commission
Establishment: The seven members of the Lodi Senior Citizens Commission are appointed by the
Lodi City Council and serve four-year terms. Members of the Lodi Senior Citizens Commission
must be registered to vote in San Joaquin County at the time of application. The authority for the
Lodi Senior Citizens Commission is Resolution 85-165.
Purpose: The purpose of the Lodi Senior Citizens Commission is to advise the City Council and
City staff on all matters relating to policies and programs that will serve all senior citizens of the
community. This includes collecting public comment and other information to determine the needs
of seniors in the community, and promoting programs that accomplish that goal.
Measure L Citizens’ Oversight Committee
Establishment: The five members of the Measure L Citizens' Oversight Committee are appointed
by the Lodi City Council and serve three-year terms with a limit of two terms. Members of the
Measure L Citizens' Oversight Committee must be registered to vote in the City of Lodi at the time
of application. Additionally, pursuant to Lodi Municipal Code Section 3.30.150, members of the
Measure L Citizens' Oversight Committee cannot be current employees, current City officials
(including board and commission members), current contractors or vendors, or past employees,
contractors or vendors deemed to have conflicts of interest as determined by the City Attorney.
The authority for the Measure L Citizens’ Oversight Committee is Ordinance 1953. These
members are identified in the City of Lodi’s Conflict of Interest Code and file annual statements
of economic interests with the City Clerk’s Office.
Purpose: The purpose of the Measure L Citizens' Oversight Committee is to review the annual
accountability performance report relating to the 2018 general retail transactions and use tax and
report its findings to the City Council and citizens of the City.
Page | 13
Parks and Recreation Commission
Establishment: The five members of the Parks and Recreation Commission are appointed by the
Lodi City Council and serve four-year terms. Members of the Parks and Recreation Commission
must be registered to vote in San Joaquin County at the time of application. The authority for the
Parks and Recreation Commission is Resolution 3293. These members are identified in the City
of Lodi’s Conflict of Interest Code and file annual statements of economic interests with the City
Clerk’s Office.
Purpose: The purpose of the Parks and Recreation Commission is to advise City Council
regarding parks, recreation, and leisure activities that would interest or impact the community. In
addition, the Commission advises the Council on fees, any changes to the Lodi Municipal Code
that affect park operations, prioritizing capital expenditures, and other matters that affect the
public’s use and enjoyment of City parks and recreational facilities while providing a forum for
public engagement.
Personnel Board of Review
Establishment: The five members of the Personnel Board of Review are appointed by the Lodi
City Council and serve three-year terms. Members of the Personnel Board of Review must be
registered to vote in San Joaquin County at the time of application. The authority for the Personnel
Board of Review is Lodi Municipal Code Chapter 2.44, Article II, “Personnel Board of Review.”
Purpose: The purpose of the Personnel Board of Review, which was established by the personnel
system ordinance, is to hear and determine appeals of unrepresented City employees.
Planning Commission
Establishment: The seven members of the Planning Commission are appointed by the Lodi City
Council and serve four-year terms. Members of the Planning Commission must be registered to
vote in the City of Lodi at the time of application. The authority for the Planning Commission is
Ordinance 1736. These members are identified in Government Code Section 87200 and file
annual statements of economic interests with the Fair Political Practices Commission, as well as
the City Clerk’s Office.
Purpose: The purpose of the Planning Commission is to review changes to the City's General
Plan and zoning regulations to ensure the development in Lodi is of the highest quality and to
provide recommendations to Council on matters dealing with community development.
Site Plan and Architectural Review Committee
Establishment: The five members of the Site Plan and Architectural Review Committee are
appointed by the Lodi City Council and serve four-year terms. One of the five members is a
representative from the Planning Commission. Members of the Site Plan and Architectural Review
Committee must be registered to vote in the City of Lodi at the time of application. The authority
for the Site Plan and Architectural Review Committee is Lodi Municipal Code Section 17.66.050.
These members are identified in the City of Lodi’s Conflict of Interest Code and file annual
statements of economic interests with the City Clerk’s Office.
Purpose: The purpose of the Site Plan and Architectural Review Committee is to assist the
Planning Commission in reviewing site plans and architectural drawings in order to determine
compliance with zoning ordinances and to promote the orderly development of the City as set
forth in Lodi Municipal Code Chapter 17.01.
Page | 14
ROLES
City commissions serve as advisory bodies to facilitate public input and citizen participation in the
determination of public policies. This is accomplished by formulating recommended courses of
action and policy to the City Council with whom final determination rests.
City Council’s roles are as follows:
Make policy
Direct City Manager to carry out policy
Solicit input from commissions on issues in their various functional areas unless there are
legal or time constraints
Commission’s roles are as follows:
Advise Council on policy that assists Council in carrying out its responsibilities
(NOTE: The Planning Commission – LMC Chapter 2.16, “Planning Commission” – has
authority to make final determination in applicable circumstances, see LMC Title 17,
“Development Code”)
Provide citizen input by being positive representatives of Council and the community
Staff’s roles are as follows:
Research and investigate issues, prepare alternatives and recommendations for
commission and Council review, and implement Council policy decisions
Provide Staff Liaison and clerical support to the commission under the guidance of the
Department Head (and ultimately, the City Manager)
The Advisory Role
Ad hoc committees are formed for a specific purpose and dissolve after completing their mission.
Standing commissions, however, are an integral part of the governmental structure.
If the organization is to function effectively, there must be clarity, understanding, and acceptance
of the roles assigned to the elected body, commissioners, and staff. If advisory board members
stray from their original charge and get into areas that rightfully belong to staff or elected officials,
confusion, inaction, or destructive conflict can result.
Page | 15
COMMISSION NORMS
As in all working teams, there are written and unwritten rules (norms) that commissioners should
follow. Some examples of commission norms are as follows:
Do your homework.
Explain actions in concise thoughts.
Complement colleagues and staff whenever an opportunity arises.
Where applicable, try to involve residents in a solution.
Work for consensus on important issues.
Always be on time for meetings.
Be attentive.
Do not criticize staff or others in public.
Only speak on issues if you have something to add.
Actions, including voting practices, are governed by ethical and moral principles and
beliefs.
Page | 16
RESPONSIBILITIES OF COMMISSIONERS
While specific duties of each City commission vary widely with the purpose for which it is formed,
there are certain responsibilities that are common to all members. The following is a summary of
those responsibilities:
Understand the role and scope of responsibility – be informed of the individual
commission’s objectives, scope of responsibility, and operating procedures.
Be careful to represent the majority views of your individual commission. Individual
“opinions” to the public and press on decisions of the commission are discouraged, but, if
given, should be identified as being the personal perspective of the commissioner
speaking as a “private citizen.”
Members should represent the public interest and not special interest groups.
Members are in a unique position of serving as a liaison between the City and its citizens
and can help to reconcile contradictory viewpoints and to build a consensus around
common goals and objectives. Members serve as a communication link between the
community, Staff, and City, presenting City programs and recommendations and providing
a channel for citizen expression.
Do your homework and be thorough in recommendations – review items prior to the
meeting in order to be fully prepared to discuss, evaluate, and act on all matters scheduled
for consideration. Conclusions based on same will strengthen the value of the group’s
recommendations.
Supportive relationships with the City Council and City staff are essential for successful
operation of any commission. The proper channel to contact City personnel on items of
consideration is through the designated City Staff Liaison providing staff support for your
commission.
Establish a good working relationship with fellow commissioners – respect individual
viewpoints, allow other members time to present their views fully before making
comments, be open and honest, welcome new members, and strive to minimize political
action on issues.
Council appointments to commissions are made without regard to political party affiliation.
Members are not restricted from participating in political activities; however, members may
not use or involve their membership on their respective commission in the conduct of
political activities.
Members should make a good faith effort to attend all scheduled meetings and notify the
City Staff Liaison if they will be absent.
Page | 17
As an appointed member to a City commission, it is important to comply with the following
requirements in order to remain in good standing as a member:
All commissioners must file an Oath of Office form with the City Clerk’s Office within
30 days of appointment (and reappointment) and prior to participating in any commission
meetings or activities.
All commissioners must comply with AB1234 ethics training specified by Government
Code section 53235 within 30 days of assuming office and thereafter by December 31 of
even-numbered years.
Commissioners must comply with Fair Political Practices Commission regulations
pertaining to Conflict of Interest ~ Form 700s and are required to file an Assuming and
Leaving Office Statement within 30 days of assuming or leaving office and annually
thereafter by April 1.
Any member who fails to comply with the foregoing will be removed from the commission. On an
annual basis, the City Clerk will report to Council on each member’s attendance record and
compliance with AB1234 ethics training and Statement of Economic Interest ~ Form 700
completion.
Page | 18
RELATIONSHIPS
Working Relationships
In public statements or interactions, individual commission members should present views and
recommendations representing the commission as a body – not personal individual views.
Members expressing views not approved by the majority of a commission should clearly express
that their opinions reflect their personal perspective as a “private citizen.” Individual opinions must
be identified as such. Public statements should not include promises that may be construed to be
binding on the commission, City Council, or Staff. When making a public statement, if applicable,
members should indicate that commission actions are recommendations and that final action will
be taken by the City Council. Commission members may be selected on the basis of representing
defined groups; however, each member should represent the overall “public good,” not an
exclusive group or special interest.
Basic Guidelines
Commission members should work to establish good relationships with other commission
members. The success or failure of commission efforts may be dependent upon the degree of
cooperation evident among the individual members of the body.
Relationships with Other Commission Members
The association with other commission members is very important as you serve on a commission.
Before talking about relationships, it may be well to point out a few facts about commission
members. Commission members come from various backgrounds – educational, occupational,
religious, social, economic, physical, and cultural – and differences do exist. It is important to
recognize that the reasons for serving on a commission will vary and perhaps some will have a
special interest. Each member will contribute in his/her own way and is an important part of the
decision-making process. Do not expect every member to give of his/her time, talent, and
knowledge to the same degree. Some will give more and others will give less, but in the end the
community will benefit. Bearing this in mind, the following may serve as a guideline:
Always respect other individuals’ viewpoints even though they may be opposite of your
own.
Allow the other individual to articulate his/her own views and then attempt to make an
objective evaluation of those views.
Evaluation of other members’ viewpoints should be based on what is best for the total
community and for all concerned.
There will be times when political action among the commission is apparent; strive to
minimize that whenever possible.
Be open and honest at all times.
Each commissioner has the responsibility to recognize new members and see that they
are made welcome, become oriented, and receive training.
Relationships with Council
The purpose of commissions are to expand the opportunity for citizen input and participation,
study issues, and make recommendations to the City Council. As an advisor to the City Council,
commissions must be continually aware that the decisions formed by the Council, even after
receiving and evaluating the recommendations from the various advisory bodies, are not easily
made.
Page | 19
The Council possesses the ultimate political and legal responsibility for the conduct of local
government and the overall welfare of the community. It is important to recognize that not all of
the recommendations made by the various commissions will be accepted by the City Council.
Council actions that vary from commission recommendation do not imply a lack of confidence or
disinterest in the advisory bodies’ decisions. Council Members must weigh the advice provided
by advisory bodies against a broader scope of considerations as they reach the decisions for
which they are responsible.
Although a commission may disagree with the final decision that Council makes on an issue, the
commission should not act in any manner contrary to the established policy adopted by the City
Council.
Commissioners are expected to recognize the following items:
The commission should assist the City Council in developing public trust in the advisory
commission system; and
The commission should be sensitive to City priorities and know when to take a stand.
Commissioners may address the Council on items discussed by their respective bodies but
should be limited to the chair or a representative that has been appointed by the commission.
This will not take precedence over any individual’s first amendment right to address the Council
as an individual.
Members of the City Council should not attempt to influence or publicly criticize commission
recommendations, or to influence or lobby individual commission members on any item under
their consideration. It is important for commissions to be able to make objective recommendations
to the City Council on items before them. An exception to the Brown Act allows a legislative body
majority to attend an open and noticed meeting of a standing committee of the legislative body
provided that the legislative body members who are not members of the standing committee
attend only as observers, meaning that they cannot speak or otherwise participate in the meeting.
Relationships with Staff and Staff Liaison
The City Council, through the City Manager, shall make certain that all Council-appointed
commissions are properly instructed in their assigned scope of work and responsibility. The
expected output of their effort shall be clearly defined. Commissions are responsible for keeping
the Council informed about issues being considered and their progress. Commissions are
responsible for advising the Council of any need for information or more specific instructions and
shall obtain Council concurrence before they proceed in any direction different from the original
instructions of the Council.
The Staff Liaison assigned to a commission provides basic support and technical advice for the
commission. Staff handles administrative duties, prepares meeting agendas, staff reports, and
records minutes. Commissions may not direct Staff to initiate programs, conduct major studies,
or establish official policy without the approval of the City Council.
Commissioners should feel free to contact the Staff Liaison for inquiries and/or support purposes.
It should be understood, however, that commissioners are responsible for all commission work.
Staff Liaisons will provide direction and guidance, as well as clerical and/or organizational or
administrative support to commissions on an as-needed basis.
Page | 20
Relationships with Public
Commission members serve as a liaison between the City and the general public. Thus, each
member functions as a communication link between the community and the City, explaining City
programs and recommendations, as well as providing a channel for citizen expression.
Commission meetings should be conducted in a manner that is conducive to a productive
exchange of ideas and perspectives. A non-threatening atmosphere should be prevalent and
steps should be taken to ensure that members of the public are free to express their views without
fear of ridicule or belittlement by anyone with an opposing viewpoint.
Commissioners should conduct themselves in a manner that demonstrates fairness and
professionalism. Members should be considerate of all interests and value differences of opinion.
Additionally, members should remain open-minded, objective, and make no judgment or engage
in any partisan position until all of the available evidence pertaining to an issue has been
submitted. Common courtesy is expected from City representatives at all levels of the
organization.
It is important to recognize that as a commissioner your actions and comments are often
interpreted to be that of the entire commission, Staff, or the City. A commissioner’s comments to
the press or other public utterances are sometimes misinterpreted even though you state that you
are speaking for yourself. They may be at odds with the commission’s goals, objectives, or overall
policy. It is very important that an individual be clear when stating a personal opinion.
Members of the public are also expected to conform to an acceptable standard of conduct. Any
person who willfully interrupts a public meeting or acts so as to render the orderly conduct of the
meeting infeasible may be barred from further attendance at the meeting by the Chair. An
individual so barred may not return for the remainder of the meeting unless permission is granted
by a majority vote of the commission.
The following guidelines are offered:
There should be no promises made to the public that are binding on the commission, Staff,
or City Council.
Comments to the public and the press must be factual.
The commissioners have an obligation to listen to comments or complaints of the public.
City commissions are not involved in the administration or operation of City departments. City
Staff reports to the Department Head, who in turn reports to the City Manager. It is, therefore, the
responsibility of the Department Head and/or City Manager to allocate Staff time and efforts and
direct the priority of the work.
Staff members are not considered members of a commission and have no power to vote in
commission matters. Because of their support position, Staff does not respond to questions from
the public at a meeting unless requested to do so by the Chair.
City Staff serves commissions in an advisory capacity – much the same as the commission serves
the Council. Staff members are selected on the basis of their technical and professional abilities
and are expected to provide commissions with recommendations based upon their professional
analysis of the situation, regardless of personal opinion or consideration of political consequence.
It is not expected that every Staff recommendation will be followed; however, because of Staff’s
technical expertise, full consideration should be given to its recommendation.
Page | 21
Commissioners should be aware of Staff’s responsibility to also provide professional advice to
the City Council. In instances where a Staff member disagrees with a commission’s
recommendation, he/she is obligated to advise the City Council, through the City Manager or a
subsequent staff report, of his/her technical recommendation. The City Council values both the
opinion of the commission, as well as Staff since Staff expresses its opinion from a strictly
technical perspective, while commissions may provide counsel and advice on the issue’s practical
application.
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MEETING BASICS
Preparation for Meetings
Be prepared. Thoroughly review the agenda packet, including agenda reports, and any
other materials before the meeting. The issues that come before advisory bodies are
important to the community as a whole and demand your constant attention. In agreeing
to serve on a commission, you make a commitment to put in the time required to prepare
fully for each meeting.
Understand what action you are being asked to take regarding each particular agenda
item.
If you have questions regarding the agenda or agenda report, contact your Staff Liaison
before the meeting to clarify questions or request further information.
Know the responsibilities of your commission, as well as the limitations of your individual
authority. As a member of a commission, you will, among other things, be asked to provide
recommendations to the City Council about specific issues. Keep in mind that your
appointment does not empower you to supervise City Staff.
Keep an open mind. An objective, balanced, and receptive approach will help you assess
the facets of a given issue and evaluate new ideas. When receiving written and oral public
testimony, it will be necessary to discern between fact and opinion, as well as between
those concerns which are relevant and those which are secondary to the issue at hand.
Keeping an open mind will make it easier for you to understand all sides of an issue before
you make a judgment or take a position.
Strive to appreciate differences in approach and point of view. Likewise, take care to
articulate your own ideas; remember that your individual voice is a critical part of the whole
dialogue. Again furthering common goals takes cooperation, flexibility, and a broad-based
view of the public interest. If in doubt, return to the foundational documents to guide your
understanding of the complexities of an issue.
If you are unsure about something during the meeting, ask for clarification. On behalf of
the public, your understanding of issues is important. Each commission has a City Staff
Liaison to provide information to assist the members throughout the decision-making
process.
E-mail communications can ultimately lead to the exchange of information intended to
create collective concurrence among a quorum of commission members in violation of the
Ralph M. Brown Act. Therefore, e-mail communications between commission members
relative to commission business should be avoided. While less than a quorum, for
example, may appropriately communicate with one another by way of e-mail, the
“forwarding” of such an e-mail message on to an additional member would result in a
Brown Act violation.
The applicant has the right to an efficient process. Unreasonable delay or lack of action is
unacceptable. If necessary, make a recommendation and move along.
Attendance
All commission members are requested to contact their Staff Liaison prior to a meeting if they are
unable to attend. Commissioners who fail to attend three consecutive meetings of the commission
and do not have prior approval for the absences may be removed from the commission.
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RULES OF DEBATE (RESOLUTION 2006-31)
Resolution 2006-31, adopted by the Lodi City Council on February 15, 2006, sets forth the rules
of conduct and debate for City Council, boards, commissions, committees, and task forces. The
resolution, in part, is set forth below:
A. Presiding Officer May Debate.
The Mayor or presiding officer may move, second, and debate from the chair, subject only to such
limitations of debate as are by these rules established. The chair shall not be deprived of any of
the rights and privileges of a Council or board member by reason of being the presiding officer.
B. Obtaining The Floor.
Any member of the Council or board wishing to speak must first obtain the floor by being
recognized by the chair. The chair must recognize any member who seeks the floor when
appropriately entitled to do so.
C. Motions.
The chair or any member of the Council or board may bring any matter of business appearing on
the agenda before the body by making a motion. The chair shall open the matter for debate,
offering the first opportunity to debate to the moving party and, thereafter, to any other member
properly recognized by the chair. Once the matter has been fully debated and seconded and the
chair calls for a vote, no further debate will be allowed; provided, however, Council or board
members may be allowed to explain their vote. The person making the motion shall have the
privilege of closing debate.
D. Voting.
All members present at a meeting shall vote when the question is called, subject to the provisions
of Lodi Municipal Code Section 2.04.140.
E. Procedural Rules of Order.
Once the main motion is properly placed on the floor, several related motions may be employed
in addressing the main motion. These motions take precedence over the main motion and, if
properly made and seconded, must be disposed of before the main motion can be acted upon.
The following motions are appropriate and may be made by the chair or any Council or board
member at any appropriate time during the discussion of the main motion. They are listed in order
of precedence. The first three subsidiary motions are non-debatable; the last four are debatable.
SUBSIDIARY MOTIONS:
1. Lay on the Table. Any member may move to lay the matter under discussion on the
table. The motion temporarily suspends any further discussion or the pending motion
without setting a time certain to resume debate. It must be moved and seconded and
passed by a majority vote. To bring the matter back before the body, a member must move
that the matter be taken from the table, seconded, and passed by a majority. A motion to
take from the table must be made at the same meeting at which it was placed on the table
or at the next regular meeting of the body; otherwise, the motion that was tabled dies,
although, it can be raised later as a new motion.
2. Move Previous Question. Any member may move to immediately bring the question
being debated to a vote, suspending any further debate. The motion must be made and
seconded without interrupting one who already has the floor. A two-thirds vote is required
for passage.
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3. Limit or Extend Limits of Debate. Any member may move to put limits on or extend the
length of debate. The motion must be made and seconded and requires a two-thirds vote
to pass.
4. Postpone to a Time Certain. Any member may move to postpone the pending motion
to a time certain. This motion continues the pending main motion to a future date as
determined by the Council or board at the time the motion is passed. The motion must be
seconded and requires a majority vote for passage.
5. Commit or Refer. Any member may move that the matter being discussed should be
referred to a committee, commission, or staff for further study. The motion must be
seconded and requires a majority vote for passage. The motion may contain directions for
the committee or commission, as well as a date upon which the matter will be returned to
the Council or board’s agenda. If no date is set for returning the item to the Council or
board’s agenda, any member may move, at any time, to require the item be returned to
the agenda. The motion must be seconded and a majority vote is required for passage if
the item is to come back at a future date certain, or a two-thirds vote if the item is to be
immediately discussed by the Council or board at the time the motion to return is made.
6. Amend. Any member may amend the main motion or any amendment made to the main
motion. Before the main motion may be acted upon, all amendments and amendments to
amendments must first be acted upon. A motion to amend must be seconded and requires
a majority vote for passage. An amendment must be related to the main motion or
amendment to which it is directed. Any amendment which substitutes a new motion rather
than amending the existing motion is out of order and may be so declared by the chair.
7. Postpone Indefinitely. Any member may move to postpone indefinitely the motion on
the floor, thus avoiding a direct vote on the pending motion and suspending any further
action on the matter. The motion must be seconded and requires a majority vote for
passage.
F. Motions of Privilege, Order, and Convenience.
The following actions by the Council or board are to insure orderly conduct of meetings and for
the convenience of the members. These motions take precedence over any pending main or
subsidiary motion and may or may not be debated as noted.
1. Call for Orders of the Day. Any member may demand that the agenda be followed in
the order stated therein. No second is required and the chair must comply unless the
Council or board, by majority vote, sets aside the orders of the day.
2. Question of Privilege. Any member, at any time during the meeting, may make a request
of the chair to accommodate the needs of the body or his/her personal needs for such
things as reducing noise, adjusting air conditioning, ventilation, lighting, etc. Admissibility
of question is ruled on by the chair.
3. Recess. Any member may move for a recess. The motion must be seconded and a
majority vote is required for passage. The motion is debatable.
4. Adjourn. Any member may move to adjourn at any time, even if there is business
pending. The motion must be seconded and a majority vote is required for passage. The
motion is not debatable.
Page | 25
5. Point of Order. Any member may require the chair to enforce the rules of the Council or
board by raising a point of order. The point of order shall be ruled upon by the chair.
6. Appeal. Should any member be dissatisfied with a ruling from the chair, he/she may
move to appeal the ruling to the full Council or board. The motion must be seconded to
put it before the Council or board. A majority vote in the negative or a tie vote sustains the
ruling of the chair. The motion is debatable and the chair may participate in the debate.
7. Suspend the Rules. Any member may move to suspend the rules if necessary to
accomplish a matter that would otherwise violate the rules. The motion requires a second
and a two-thirds vote is required for passage.
8. Division of Question. Any member may move to divide the subject matter of a motion
which is made up of several parts in order to vote separately on each part. The motion
requires a second and a majority vote for passage. This motion may also be applied to
complex ordinances or resolutions.
9. Reconsider. Except for votes regarding matters which are quasi-judicial in nature or
matters which require a noticed public hearing, the Council or board may reconsider any
vote taken at the same session, but no later than the same or next regular meeting, to
correct inadvertent or precipitant errors, or consider new information not available at the
time of the vote. The motion to reconsider must be made by a member who voted on the
prevailing side, must be seconded, and requires a majority vote for passage, regardless
of the vote required to adopt the motion being reconsidered. If the motion to reconsider is
successful, the matter to be reconsidered takes no special precedence over other pending
matters and any special voting requirements related thereto still apply. Except pursuant to
a motion to reconsider, once a matter has been determined and voted upon, the same
matter cannot be brought up again at the same meeting.
10. Rescind, Repeal, or Annul. The Council or board may rescind, repeal, or annul any
prior action taken with reference to any legislative matter so long as the action to rescind,
repeal, or annul complies with all the rules applicable to the initial adoption, including any
special voting or notice requirements or unless otherwise specified by law.
G. Authority of the Chair.
Subject to appeal, the chair shall be the chief parliamentarian, rule on points of order, and shall
have the authority to prevent the misuse of the legitimate form of motions, or the abuse of privilege
of renewing certain motions, to obstruct the business of the Council or board by ruling such
motions out of order. In so ruling, the chair shall be courteous and fair and should presume that
the moving party is making the motion in good faith.
H. Public Hearings.
Matters which are required to be heard at a noticed public hearing shall be conducted in the
following manner.
1. Time for Consideration. Matters noticed to be heard by the Council or board shall
commence at the time specified in the notice of hearing, or as soon thereafter as is
reasonably possible, and shall continue until the same has been completed or until other
disposition of the matter has been made.
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2. Continuance of Hearings. Any hearing being held or noticed or ordered to be held by
the Council or board at any meeting may, by order or notice of continuance, be continued
or re-continued to any subsequent meeting in the manner provided herein for adjourned
meetings; provided, that if the hearing is continued to a time less than 24 hours after the
time specified in the order or notice of hearing, a copy of the order or notice of continuance
of hearing shall be posted immediately following the meeting at which the order or notice
of continuance was adopted or made.
3. Public Discussion at Hearings. When a matter for public hearing comes before the body,
the chair shall open the public hearing. Upon opening the public hearing and before any
motion is adopted related to the merits of the issue to be heard, the chair shall inquire if
there are any persons present who desire to speak on the matter which is to be heard or
to present evidence respecting the matter. Any person desiring to speak or present
evidence shall make his/her presence known to the chair and upon being recognized by
the chair, the person may speak or present evidence relevant to the matter being heard.
No person may speak without first being recognized by the chair. Members who wish to
ask questions of the speakers or each other during the public hearing portion, may do so
but only after first being recognized by the chair. The chair shall conduct the meeting in
such a manner as to afford due process. Time limits may be established by the chair,
limiting the duration of presentations as set forth in these rules.
All persons interested in the matter being heard shall be entitled to submit written evidence
or remarks, as well as other graphic evidence. All such evidence presented shall be
retained by the City Clerk or secretary of the board as part of the record. No person shall
be permitted during the hearing to speak about matters or present evidence which are not
germane to the matter being considered. A determination of relevance shall be made by
the chair, but may be appealed as set forth in these rules.
4. Consideration of Question by Council or Board. After all members of the public desiring
to speak upon the subject of the hearing have been given an opportunity to do so, the
public hearing shall be closed by the chair, and the body may consider what disposition
they wish to make of the question or questions presented at the hearing. No member of
the public shall be allowed, without consent of the chair, to speak further on the question
during this period of deliberation; although, the members may ask questions of the
speakers if so desired. At the conclusion of discussion and appropriate motion having
been made and seconded, the body shall vote on the matter.
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In addition to the approved Rules of Conduct, the following is provided as a reminder of guidelines
to follow to ensure public meetings proceed smoothly:
Chair
The Chair may debate and may make or second motions. The Chair is subject to the limitations
of debate that are imposed on all members and shall not be deprived of any of the rights and
privileges of a member.
Commission Members
Every commission member desiring to speak shall address the Chair. Upon recognition by the
Chair, the member shall confine comments to the question under debate, avoiding all undignified
language and references to personalities and abiding by the following rules of civil debate. A
member, once recognized, shall not be interrupted except according to rules of parliamentary
procedure (e.g. point of order, question of privilege, etc.).
Page | 27
Public meetings will proceed smoothly if all participants keep the following tenets in mind:
We may disagree, but we will be respectful of one another.
All comments will be directed to the issue at hand.
Personal attacks shall be avoided. They are unacceptable and may result in termination
from an appointed position.
Addressing Commission from the Floor
Any person desiring to address the commission shall first secure permission from the Chair. Any
commission member may also request of the Chair that a member of the public be recognized to
speak.
Remarks should be directed to the matter being considered.
Individuals addressing the commission are requested to give their name in an audible tone of
voice for the record and fill out a speaker card if provided. They are not, however, required to
provide their name or complete a speaker card. Any applicable time limit shall be as stated on the
agenda, or as directed by the Chair.
All remarks shall be addressed to the commission as a whole and not to any individual member
or to members of the audience. Without the permission of the Chair, only members and the person
addressing the commission shall be permitted to enter into any discussion; however, while
commission members may ask speakers questions, they should not debate matters with them.
Addressing the Commission after Motion Made
After a motion is made by the commission, no person shall address the commission in regard to
that topic except upon request of the Chair, or a member of the commission through the Chair.
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DECORUM IN MEETINGS
Proceedings
Start meetings on time. Keep the agenda in mind in order to give each item the appropriate
time.
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.
Let the Chair run the meeting.
Be fair, impartial, and respectful of the public, Staff, and each other.
Give your full attention when others speak.
Learn to trust your own good judgment on decisions.
Remember that people may be attending a meeting for the first time, and may be
unfamiliar with the procedures. In your discussions, either avoid or explain technical items
or verbal shorthand.
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.
Close the public testimony before beginning deliberation on an issue.
Sometimes questions can most effectively focus and direct decision-making. For example:
For Staff:
o What is the history behind this item?
o What are the benefits and drawbacks?
o What other alternatives did you consider?
o Is it within this body’s scope of responsibility? If not, would it be best referred to
another commission, Council, or Staff?
For other commission members:
o What do you think about this item?
o What have you heard from the residents?
o What would it take for you to support this?
For the public:
o What are your concerns?
o How will this proposal affect you?
o What specific, constructive alternatives can you recommend?
o How does the public comment or question relate to the decision at hand?
For yourself:
o What are we trying to accomplish?
o What are the long-range interests of the community?
o What guidance can be found in our foundational documents?
Page | 29
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.
Remember that your commission exists to take actions and/or make recommendations. It
is not simply a discussion group or debating society.
Endeavor to end meetings at a reasonable hour. Short breaks may be helpful during long
meetings. Extending the meeting beyond an appointed hour may be subjected to a vote
when that hour nears.
Managing Difficult Meetings
From time to time, commissions are faced with conducting highly-charged, controversial
meetings. These meetings may involve one unified group or two or more conflicting groups. The
group demeanor may be characterized by aggressiveness and hostility. Such meetings really test
the mettle of the commission and Staff. Consider the following:
Before the Meeting
Make agendas and back-up reports easily available to participants.
Make sure adequate seating is available. Consider moving to larger quarters if
necessary.
Make sure sound and recording equipment is adequate and operational, if applicable.
Chair and Staff should engage in contingency planning before the meeting.
During the Meeting
Establish and announce rules at the beginning of the meeting.
Before public comment, ask the participants to designate one or more spokespersons,
if possible. This may help reduce redundancy and make sure that all sides of the issue
will be heard.
Explain the issues, the possible actions, and the procedures that will be followed at
the meeting.
Have speakers address the commission and not the audience. Some speakers are
very adept at inciting audiences, especially if they are permitted to face the audience.
Stop clapping and shouting early. Explain the reasons why such actions are disruptive
and counterproductive. For instance, the meeting should provide a forum for all points
of view and such displays of support or opposition could intimidate those with an
opposing point of view from speaking. In addition, such displays delay the discussion.
Don’t hesitate to use recesses to help diffuse hostility or aggressiveness.
Consider limiting speakers to a set time such as three to five minutes. If such a
procedure is used, make sure it is applied fairly and consistently.
Consider using speaker cards. These can help identify how many people wish to speak
and also whether they support or contest an issue. They are also invaluable in
recording the names and addresses of speakers. Recognize, however, that if a person
does not wish to fill out a card or give their name, they still have the legal right to speak.
Make sure commissioners address colleagues and not the audience. Directly
addressing the audience can result in loss of control of the meeting. In limited
instances it may, however, be appropriate to address the public – for instance to
explain an issue or to note that the concerns have been understood.
Continue items that cannot be decided at the meeting. This does not preclude the
commission from allowing anyone who wishes to speak on the issue to do so.
Page | 30
CONFLICTS OF INTEREST
The City of Lodi has adopted a Conflict of Interest Code in accordance with State law, that states
no person shall make or participate in a governmental decision which he or she knows or has
reason to know will have a reasonably foreseeable material financial effect distinguishable from
its effect on the public generally.
The City Attorney is available to help commission members decide if they have a conflict and
should abstain from participation on any issue. There may be instances where a financial conflict
of interest is not the issue, but rather a member may have an appearance of bias or bias conflict.
Again, the City Attorney is available to provide guidance in determining whether a commission
member should disqualify himself/herself from acting on an item. In these instances, members
should recuse themselves from voting using the phrase, “…to avoid the appearance of
impropriety...” and leave the room until the matter is concluded. However, note that
commissioners can comment on the matter as a member of the public.
In addition, commission members may be required by the City’s Conflict of Interest Code to
declare personal financial information by filing a Statement of Economic Interest ~ Form 700.
Those advisory bodies whose members are required to do so are listed below:
Library Board of Trustees
Lodi Arts Commission
Lodi Improvement Committee
Measure L Citizens’ Oversight Committee
Parks and Recreation Commission
Planning Commission*
Site Plan and Architectural Review Committee
*Required by Government Code 87200
Upon appointment, the City Clerk shall provide the commission member with the documents
necessary for filing. Those who do not comply with this obligation will be subject to the rules,
penalties, and fines, as set forth by the Fair Political Practices Commission. Filers have the option
to file electronically through the City’s electronic filing system, NetFile; however, to ensure
reporting continuity, once a statement, report, or other document is filed electronically on behalf
of any filer, all future reports and other documents filed on behalf of that filer must be filed
electronically.
To view the City of Lodi’s Conflict of Interest Code, visit the City of Lodi’s website at:
www.lodi.gov/164/Fair-Political-Practices-Commission-Agen.
To learn more about the Fair Political Practices Commission (FPPC) and the Statement of Economic
Interest ~ Form 700, visit FPPC’s website at: www.fppc.ca.gov/.
Page | 31
RALPH M. BROWN ACT
The Ralph M. Brown Act, commonly referred to as the “Brown Act,” is California’s “sunshine” law
for local government. It is codified in the California Government Code beginning at section 54950.
The Brown Act mandates that local government business be conducted at open and public
meetings, except in certain limited situations (i.e. closed sessions). The central provision of the
Brown Act requires all “meetings” of a “legislative body” to be open and public. The Brown Act
broadly defines the term “meeting” to include any congregation of a majority of the members of a
particular legislative body at the same time and place to hear, discuss, or deliberate upon any
item that is within the subject matter jurisdiction of the legislative body. The City Council is a
“legislative body” as are other commissions of the City (i.e. Lodi Arts Commission, Parks and
Recreation Commission, Planning Commission, etc.). Under the Brown Act, a majority of the
members of the legislative body are prohibited from discussing, deliberating about, or developing
a collective concurrence regarding any item that is within the legislative body’s jurisdiction except
as part of a duly noticed public meeting. The purpose of these provisions is to ensure that local
governing bodies deliberate in public.
The Brown Act also requires that the public be given notice of the time and place meetings are
held. As a general rule, a legislative body may not act on or discuss any item that does not appear
on the agenda posted for the meeting. There are, however, certain exceptions to this rule. In
addition, the Brown Act protects the public’s right to attend and participate in meetings. The Brown
Act requires that an agenda allow for two types of public comment periods. The first is a general
audience comment period where the public can comment on any item of interest that is within the
subject matter jurisdiction of the legislative body. The second type of public comment period is
the specific comment period pertaining to items on the agenda. The Brown Act requires a
legislative body to allow members of the public to comment on agenda items either before or
during the body’s consideration of that item.
The City Attorney should be consulted on any Brown Act questions or concerns and may from
time to time conduct Brown Act workshops or provide materials concerning the Brown Act for new
commissioners.
To view Government Code Chapter 9, Meetings [sections 54950-54963], in its entirety, visit
www.leginfo.legislature.ca.gov/.
For additional Brown Act resources, including the most recent publication of “Open & Pubic: A Guide to
the Ralph M. Brown Act,” visit the League of California Cities website at:
www.cacities.org/Resources/Open-Government.
Page | 32
CONCLUSION
There is no desire on the part of the City Council or City Staff to control a member’s independent
thought or judgment. The City Council appoints only those persons who have knowledge, ability,
and interest in the commission’s purposes so that their contributions will be of assistance. All
suggestions and ideas are most welcome, whether presented as a citizen, a commissioner, or as
a majority vote of a commission; however, commission membership limits a member’s freedom
of advocacy before the City Council or other commissions on those issues that are to be
considered by the member’s commission so that the member can hear the item with an impartial
mind; the recommendation of the commission to the City Council will include the positions of all
members.
A commission is created as an advisory arm of the City Council as the result of a policy decision
(or in the case of the Planning Commission by State statute). Each has been charged with
responsibilities in specified areas. It may be that a member may disagree with an established
policy. This is part of the democratic process, as is the expression of that disagreement in a
minority vote. In spite of conflicting viewpoints, however, it is the process of addressing the issues
that is served by commission action.
The City is proud of its citizen participation and extends a hearty welcome to all commission
appointees.
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APPENDIX
CITY AT A GLANCE
(as of January 1, 2019)
Website www.lodi.gov
Population 68,272
Area (square miles) 13.98 (including White Slough)
12.36 (without White Slough)
Developed Parks 27
City Parks Open Space Acreage (Existing and Planned) 415
Full-time City Employees 377
Part-time City Employees 306
LUSD Schools Elementary 32
Middle 7
High School 7
Other 7
HISTORICAL INFORMATION / FACTS
Incorporated as a Municipal Corporation December 3, 1906
City’s Centennial Celebration
Celebrated at Lodi Woman’s Club
December 6, 2006
Official City Flower
Council approved 11/20/02
Rose
Official City Motto
Council approved 3/29/06
“Livable, Lovable Lodi”
Official City Tree
Council approved 10/07/98
Crepe Myrtle
City Facilities
(Renovation Completed)
City Hall
1996
(Rededication) Carnegie Forum August 15, 1989
(Final Project Completion) Hutchins Street Square 1998
(Dedication) Lodi Police Department December 22, 2003
(Project Completed) City Parking Garage 2002
(Dedication) Lodi All Veterans Plaza May 22, 2002
(Rededication) Lodi Mission (Bear) Arch Originally built 1907 June 14, 2001
(Dedication) Lodi Gateway Arch October 8, 1998
Review Proposed City Council Protocol Manual
Amendments and NEW “Commissioner’s
Handbook: A Guide for Community Volunteers ”
Shirtsleeve Session
October 29, 2019
Agenda
•History of City Council Protocol Manual
•Review Proposed Changes
•Introduce NEW Commissioner’s Handbook
•Steps Taken, Recommendation, and Next Steps
History of City Council Protocol Manual
•“City Manager’s Work Plan” – to create comprehensive manual
of standard operating procedures and written principles to
guide Council action and direct staff in relationship to
supporting Council;
•Clerk’s Office took on project – researched other cities,
prepared draft, and reviewed by Council at two Shirtsleeve
Sessions;
•Resolution 2006-45 – approved City Council Protocol Manual
and authorized City Clerk to make administrative changes to
remain current with federal, state, and local law;
•March 2006 to Present - periodic reviews to ensure document
is current, and Council actions to update the Manual;
•Reference Table of Amendments (Appendix); and
•2019 – complete overhaul of Manual.
Review Proposed Changes
Administrative changes, including, but not limited to:
•Updated resolution and ordinance numbers, as well as respective
adoption dates;
•Reflected changes to rules/processes based on Council action
(i.e. Arts Commissioners registered in Lodi vs. San Joaquin County;
preparation of action minutes vs. comprehensive summary minutes);
•Incorporated NEW Commissioner’s Handbook;
•Agenda posting locations;
•Agency meetings (i.e. elimination of RDA and addition of LPFA).
Review Proposed Changes (cont’d.)
Incorporation/updates to current practices, including, but not limited to:
•Reorganization date on election years;
•Annual reporting of commission attendance/FPPC/Ethics compliance;
•Annual confirmation of Council service on boards and commissions;
•Annual recognition of board/commission members;
•How we adjourn meetings in memory of individuals;
•How Council receives agenda/packets;
•How items are placed on agenda by public; and
•Designating quasi-judicial public hearings on the agenda.
Review Proposed Changes (cont’d.)
Section 2.8 – added AB1234 Mandatory Ethics Training
•Added definition and mandatory for Council Members, Council Appointees, Executive Managers, and members of all boards and commissions
(EXCEPTION: Greater Lodi Area Youth Commissioners ~ Student Appointees).
Current City practice is to require training for Council Members, Council Appointees, Executive Managers, and Planning, SPARC, Recreation, and Library members.
Section 2.9 – added AB1661 Sexual Harassment Prevention Training
•Added definition and mandatory for local agency officials, including Council, to receive training within first six months of taking office and every two years thereafter.
Review Proposed Changes (cont’d.)
Section 5 – updated Commissions
•Added requirement that commissioners cannot participate in commission meetings until Oath of Office is submitted to City Clerk’s Office. Failure to comply within 30 days of appointment (including reappointment) will result in removal from the commission.
•Added mandatory AB1234 Ethics training for all commissioners (except YC). Failure to comply with training within 30 days of appointment will result in removal from the commission. For sitting commissioners, failure to comply with training by December 31 of even-numbered years will result in removal from the commission, following adequate notification.
•Memorialized practice that commissioners appointed to vacated seat or unexpired term will serve out the remainder of the term, unless it is due to expire within six months of the appointment date, in which case, it will automatically extend to the commission’s stated term limit.
Review Proposed Changes (cont’d.)
Sections 6.3l & 6.4c – provided additional language re: speaker time limits
•Firmed up five-minute time limit on agendized items and added Mayor’s right to limit speaking times and/or prohibit ceding/yielding time (i.e. controversial issues, large number of speakers, etc.).
Section 6.3l – added policy on use of City computer and/or video equipment
•Limited to scheduled/agendized items. During, before, or after public comment, public may distribute hard copies of any document and other records to Council through City Clerk, and those documents and records will be made a part of the record and made available to any member of the public upon request.
Section 6.3q – added language regarding Council resolutions
•City Attorney authority to correct administrative, typographical, or clerical errors for all resolutions – not explicitly stated in every resolution;
•Resolutions relating to contract and agreements will include language authorizing City Attorney to make minor revisions to agreements that do not alter compensation or term and to make clerical corrections.
Review Proposed Changes (cont’d.)
Section 8.2 – added language re: Statements of Economic Interest
•Electronic filing for all Form 700 filers is optional until a statement is
filed electronically, after which electronic filing is mandatory.
Introduce NEW Commissioner’s Handbook
Purpose – to provide:
Information on
•Commissioners’ roles,
norms, responsibilities,
and relationships
•Meeting basics
•Decorum in meetings
•City’s mission statement,
goals and priorities, org
chart, and City stats and
historical information
Basic level understanding of
•Ethics and values
•Ethics training
•Rules of debate
•Conflicts of Interest
•Brown Act
Commissioner’s Handbook
•Internal document;
•Maintained and updated by
City Clerk’s Office; and
•Provided to every board and
commissioner upon
appointment.
Steps Taken, Recommendation, and Next Steps
1.Reviewed both Manual and Handbook:
•Initially reviewed by City Manager and City Attorney,
•Followed by review of Department Heads and BC liaisons.
2.Comments and suggestions incorporated
3.Seeking feedback from Council
4.Council approval in November
5.Finalize documents and post on-line
6.Implement changes in Manual
NOTE: NEW Handbook will be forwarded to all sitting commissioners and provided to new commissioners upon appointment.
Questions?