HomeMy WebLinkAboutResolutions - No. 2019-223RESOLUTTON NO. 2019-223
A RESOLUTION OF THE LODI C¡TY COUNCIL RESC¡NDING
RESOLUTION NO. 2006-45 AND APPROVING AMENDED
CITY COUNCIL PROTOCOL MANUAL; AND FURTHER
AUTHORIZING THE CITY CLERK TO MAKE ADMINISTRATIVE
CHANGES TO REMAIN CURRENT WITH FEDERAL, STATE,
AND LOCAL LAW
WHEREAS, the purpose of the City Council Protocol Manual is to provide guidelines and
references in one location regarding relevant statutory requirements and regulations governing
responsibilities of the Council; and
WHEREAS, the City Council first adopted the Manual on March 15, 2006 as Resolution
No. 2006-45, which further authorized the City Clerk to made administrative changes to remain
current with federal, state, and local law; and
WHEREAS, staff proposed amendments to the Manual, which were reviewed by
City Council at its Shirtsleeve Session on October 29,2019.
NOW, THEREFORE, BE lT RESOLVED that the Lodi City Council does hereby rescind
Resolution No. 2006-45 and approve the City Council Protocol Manual, as shown on Exhibit A,
attached hereto; and
BE lT FURTHER RESOLVED that said Manual may be amended administratively by the
City Clerk's Office in order to remain current with federal, state, and local law.
Dated: November 6,2019
I hereby certify that Resolution No. 2019-223 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held November 6, 2019, by the following vote:
AYES: COUNCIL MEMBERS - Johnson, Kuehne, Mounce, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
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City Council Protocol Manual
Prepared by:
Office of the City Clerk
City of Lodi
22I W. Pine Street
P,O. Box 3006
Lodi, CA 95241-1910
cityclerk@lodi.qov
City Council Protocol Manual
Pase 2 of32
2.
TABLE OF CONTENTS
1, PURPOSE
STATUTORY REQUIRE M E NTS/ REGU LATIONS
2.t 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 ABL234 Mandatory Ethics Training
2.9 A81661 Sexual Harassment Prevention Training and Education
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
COU NCIL ADMINISTRATION
4.t Salaries and Benefits
4.2 Travel and Expense Reimbursements
4.2a City of Lodi Travel Policy (Res, 2019-I72)
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-L26)
4.4 Appointment of City Council Appointees (LMC Title 2)
4,5 Evaluation of City Council Appointees (Res, 2002-224)
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
5.7 Council Service on Commissions
5.8 Regional Boards
3
4.
5
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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 ltems 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 ltems on the Agenda
6.39 Supplemental Information ("Blue Sheet" Items)
6.3h Closed Session
6.3i Invocations/Callsto Civic Responsibility
6.3j Presentations
6.3k Consent Calendar
6.31 Public Comments
6,3m Council Comments on Non-Agenda ltems
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, LPFA)
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 ltems 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.L Processing and Deliver¡ng 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.coNFrrcT oF TNTEREST / ECONOMTC DTSCLOSURE REQUTREMENTS
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 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 2O04-Lt5 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. STATUTORYREQUTREMENTS/REGULATTONS
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.I 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. Laws and regulations 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.O4 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.
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.
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.
2.6
2.7 Code of Ethics & Values (Res. 2004-115)
Resolution No, 2004-115 (Exhibit C), adopted by the Lodi City Council
on June 2,2OO4, 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,
2.8 ABt234 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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3.
2.9
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).
A81661 Sexual Harassment Prevention Training and Education
481661 (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
traini ng opportunities throug h conferences.
COUNCIL ORGANIZATION
3.1 Newly-Elected Members
Newly-elected Council Members are sworn into office generally at the
first regular Council meetlng in December following certification of the
general municipal election by the San Joaquin County 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. In election years, the
reorganization will occur at the regular Council meeting in December
at which the San Joaquin County Registrar of Voters' certification of
the general municipal election is presented.
A community reception honoring the incoming Mayor, outgoing Mayor,
and Council Members is traditionally held immediately following the
reorganization 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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3.4
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.
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 any 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 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 honoredfor 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. 200O-t26, "Protocol Account Policy").
IN MEMORY OF: A meeting may be adjourned in memory of an
individual at the direction of the Mayor or Member of the City
Council, The individual's family will be mailed a letter by the
City Clerk's Office acknowledging the adjournment.
4.COU NCIL ADMINISTRATION
4.I 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. 2O7B-254,
which was adopted on December 19, 2018.
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
(1se2)).
4.2a City of Lodi Travel Policy (Res, 2019-t72)
Council Members shall be subject to the City of Lodi Travel
Policy as adopted by the Lodi City Council on August 2L,2OI9.
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. 2Ot5-184, adopted by the Lodi City
Council on October 2L,20L5, 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
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.
4.2
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4.3 Protocol Account Policy (Res. 2000-126)
Pursuant to Resolution No. 20OO-t26, adopted by the Lodi City Council
on July L9, 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,9, 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 2.12.0L0, "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 540801 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.I4, 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
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.
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5. COMMTSSTONS
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 77,
"Development 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); Parks and
Recreation Commission applicants must be residents of the City of Lodi
(Res, 2019-222); 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.
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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
ABt234 ethics training and compliance, AB 1661 sexual harassment
training and education (if required), 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 of appointment or
reappointment 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 receive compensation pursuant
to LMC Section 2.16.020 - Compensation.)
Appointees to all City boards and commissions are required to receive
mandatory A87234 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 ru Student
Appointees), The City Clerk shall notify appointed commissioners via
letter of available training opportunities. Appointees cannot receive
compensation, stipend, or training reimbursement until 481234 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.
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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
regu larly-schedu led meeting.
5, The individual fails to comply with the mandatory ABt234 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 (50o/o) 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 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,
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At the beginning of each year, the City Clerk will place an item on the
Council's agenda to report on attendance, 481234 ethics training and
compliance, 481661 sexual harassment training and education (if
required), 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 ABI234 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,
City Council Protocol Manual
Pase 15 ef32
5.4 Council Contact with Commissions
Members of the City Council should not attempt to influence or publicly
criticize comm¡ssion recommendations, or to influence or lobby
individual comm¡ssion 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 to the Council via 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
Each year, the City Council will recognize the efforts of 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 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 Member resigning
from his/her position on a certain commission should inform the Mayor
(via the City Clerk's Office). 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,
City Council Protocol Manual
Page 16 ofj2
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.9. 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,
City Council Protocol Manual
Page 17 of32
6.2 Meeting Dates and Locat¡on
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 shall be delivered to Council Members on
the 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.O4.I80 "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,
a
City Council Protocol Manual
Paçp lR nf12
6,3c
¡ 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,
o 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 tothe 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 ltems" segment of the agenda.
Order of Agenda ltems
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.
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 - 221W. Pine Street. City Clerk's Office - 22L W. Pine Street, 2nd Floor. Lodi Carnegie Forumx - 305 W. Pine 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.
6.3d
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.
City Council Protocol Manual
Page 19 of32
"All staff repolts or other written documentqtion 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 lo 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 ofthe
meeting to help ensure availability. Contact [name of City ClerkJ 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 Ia disponibilidad. Llame a (nombre de el Secretario
de Ia Ciudadl (209) 333-6702."
6.3f Limitation to Act Only on ltems 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,
6.39 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,9. 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.
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
City Council Protocol Manual
Page 20 of 32
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. B0-101, 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-L46)
In accordance with Resolution No. 2009-146 (Exhibit D),
adopted by the Lodi City Council on October 2t, 2009,
invocations/calls to civic responsibility shall follow the policy
regarding legislative invocations/calls to civic responsibility
before meetings of the Lodi City Council.
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 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.
6.31 Public Comments
Pursuant to the Brown Act, public comment is 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
Cily Council Protocol Manual
Pnøp)l nf72
the existence of unusual or controversial issues exists, that the
large number of speakers wishing to address the Council sojustifies, 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 limitedto 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 directedto 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 Ïtems
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
54e54.2(aX2)).
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
City Council Protocol Manual
Page 22 oJ32
2006-31, adopted by the Lodi City Council on February 15,
2006, the general procedure for public hearings is as follows:
Staff presents its report. Council Members may ask
questions of staff.
The Mayor opens the public hearing.
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.
Members of the public may present their comments
subject to time limits established by the Mayor.
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.
1
2
3
4
5
City Council Protocol Manual
Pase 23 ol 32
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)
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) shall meet annually at the
regularly-scheduled meeting 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.
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.
City Council Protocol Manual
Pnop 24 nf12
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 subjectto 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, 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,
6.3w Minutes
The City Clerk, or his/her designee, shall attend and prepare
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.O4.II0, "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 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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Page 25 of32
6.4 Rules of Conduct
6.4a Díscussion Rules
The Mayor or presid¡ng 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
6.5
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.
Decorum
6.5a Council Members / Council Appointees
Resolution No. 2004-115 (Exhibit C), adopted by the Lodi City
Council on June 2, 2OO4, 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.
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.
6.5b
Ciry Council Protocol Manual
Page 26 of 32
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
dissemi nating job-related i nformation.
7. Professional meetings hosted/conducted by City staff.
B. City-sponsoredcommunityawarenessprograms.
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 City Manager's Office.
7.COMMUNICATIONS
7.I 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 "Citv Council"
All correspondence addressed to the "City Council" is treated as public
information. A copy is 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.
Ciry Council Protocol Manual
Paee 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 .lndividual 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
A weekly calendar is 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.
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.
City Council Protocol Manual
Page 28 of32
7.5
7,6
7.7
7.8
Communications with Staff
Pursuant to LMC Section 2.72.070, "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
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.L3 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.
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.
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,
Representing Majority vs. Individual Opinion I
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.
Cily Council Protocol Manual
Page 29 of 32
8.
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 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.
coNFLrcT oF TNTEREST / ECONOMTC DTSCLOSURE REQUTREMENTS
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 officialsto 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 agenciesto adopt and promulgate conflict of interest codes, which shall be
reviewed bi-annually on even-numbered years, On November 7,2OtB,
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.
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 also be filed electronically,
City Council Protocol Manual
Paee 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 doesnot 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 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 3l of32
APPENDIX
Reference Table of Amendments
DATE DESCRIPTION ACTTON
3/rs/06 City Council adopted City Council Protocol Manual Res. 2006-45
u2/07 Amended Manual to update resolut¡on number
relating to the A87234 Expense Reimbursement
Policy (Section 4.2a)
Ad ministratively
L0/Bl0e 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
Ad ministratively
L0/2t/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/Lr 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)
s/tgltt Amended Manual to add Section 7.9 regarding
communications at the request of the League of
California Cities
Council action
(motion/action)
L0/s/tL 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)
t0/L9/7t Amended Section 5.6, Annual Recognition Reception,to reflect that the reception is held annually in
December rather than August
Administratively
tu2/7t Amended Section 5.2 (Commission Appointments) to
add language regarding removal process
Council action
(motion/action)
7/23/73 Amended Section 6,31 (Public Comments) to update
language re: public comments (i.e, public
encouraged, "but not required," to give
name/address)
Administratively
e/2/ts Amended Manual to update resolution numbers, as
well as any amendments in federal, state, and local
laws
Administratively
Ci4t Council Protocol Manual
Page 32 of32
DATE DESCRIPTION ACTION
rol2t/rs Amended Section 4.2b re:. future Voting Delegate
and Alternate for League and National Conferences
Res.2015-184
BlLl78 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/e/te
&
B/28/L9
Amended Manual to update resolution numbers, as
well as any amendments in federal, state, and local
laws (and changed Travel Policy Resolution No,)
Administratively
tt/6/79 Amended Manual to update residency requirementfor applicants of the Parks and Recreation
Commission
Res.2079-222
7U6/7e City Council adopted Amended City Council Protocol
Manual
Res. 2019-223
EXHIBIî A
t
I
Sections:
2.04.010
2.Q4.42&
2.04.030
2.44.A40
2.04.050
2.04,060
2,Mfi?0
2.04,080
2.04.090
2.04.100
2,04.110
2,04.t20
2.M.ß0
2,,04.149
2.0'f.f50
2.04.160
2.04.170
2.04.t80
2,04.ßA
Chapter 2.04
CITY CCIUNCTL MEETINGS
2.04.010
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 posæd at least seventy-two
hows ín advance of such ea¡lier coÍrmencs-
ment time. In the event of any such earlier
commencement of a regular rneeting for the
purpose of holding a closed session, no
orher ifems of business on the council's
meeting agenda shall be addressed before
sev€n p.m. ïn case tlre regular meeting falls
upon a legal holiday, *ren the regular meet-
ing which otherwice would have occuned
on that day shall be held on the first busi-
ness day thereafter at the hour of seven p.m.
(Ord. 1699 $ 1, 2001)
2.M.020 Informal informational
meetings.
Informal informational meotings of the
city council shall be hçld on each Tbesday
moming of each month at the hour of seven
a.m. in the council chanrbers of the city or
at such location and at such time as the
council may deem appropriate, subject to
notice requirements as provided by law. No
formal action shall be taken by the city
council at such meetings. The city manager{
city attomey, departnûent hçads and mem-
bers of the public, as the council ütay rc-
quest, shall be present and present such
information as may be deemed desirable.
(Cld. 1594 $ I (part), 1994)
2,04.030 Meettng place"
All regulu mestings of the council shall
be held in the council chambers, Camegie
ForumBuilding, Lodi, California, or at such
other place as the council may deem appro-
priate, subject to notice requiremonts as
provided by law. If by reason of fire, flood,
earthquake or other emergency, it is unsafe
Regular meetings-*Day
and time.
lnformal i¡forrnational
meetings.
Meeting plnce,
Meefing-s to be public.
Special rneeüngs,
Quonrm.
Freslding ofücer*
Mayor-Mayor pro
úempore.
C&ll to order*
TemporarX chairman.
Roll call
Order of buslnes**
Assembty of officers.
Reading and approval
of minut¡s.
Rules of debate.
Addressing the eouncil.
Voting.
Decomm.
Persons allowed within
rail.
Entry of dissent Ín
minutes.
Preparation of agendas.
Closed sesslous--
Conftdenüality.
2.04.010 ßegular meetlngrðay
aud time.
Regular meetings of the courcil shall be
held on the fiæt and third V/ednesday of
each month at seven p.m.; provided, howev-
er, that any such regular meeting at which
a closed session is to be held may be com-a
11 (Lodt ?.o1)
2.04.030
to meet in the plaçp so desþated, the
meetings may be hettl for the du¡ation of
rhe emergency at such place as is designat-
ed by the mayor. (Ord. 1594 $ I (pan),
1994)
2.04.040 Meet¡ngs to be public.
All meetings of thç council sh¿ll be open
to the public. (Ord. 1594 $ I (pan), 1994)
2.M.050 Specinl meeüngs.
At any tíme the mayor or three city
councilmomben moy call aspecial mecting
by delivering written notice to each membsr
and to each local newspâper of general
circulation, radio or television station re-
questing notice in writing, such notice to bc
deüvered personally or by mail at leâst
twentydour hows before the time of sr¡ch
meoting. Written notice may be dispensed
with if a representatíve of the newspaper,
radio or television station is present at the
meeting and if all council members give
thei¡ witten consent to the rnecting and the
çon$ent is filed in the city clerk's ofñce
when the meeting is held. A council mem-
ber may give such consent by telegram,
(Ord" 1594 $ I {part), 1994)
2,A4.060 Quorum"
,4. majority of all members elected to the
council shall constitute å quoruro at any
regular or s¡ncial,meeting of the cquncil.
Unless otherwise ruquircd by law, a simple
mqiority of the rnemþers present may take
sction 0r adopt ordinancûs 0r resolution$.
(Ord. 1594 $ I (part), l99a)
2.M,0?0 lkesiding sffiçs¡*
Mqyor*Mayor pro
tnnrpom.
The presiding officer of the council shall
be the mayor who shall be elecæd by the
council annually at the first regular meeting
¿fterthe canvass ofvotes done in conjunc-
tion with the statewide general election in
even-numbered years, In years whers the,Íç
is no general statewide elecúon, the mayor
shall be elected at thö first regular meeting
in December. Af the timE of the election of
the mayor, one of the members of thecoun-
cil shall be chosen ss mayor pto tempore.
If the mayor is absent or unable to act, tJte
mayor pro tempore shall serve until the
¡nayor returns or is able to act. The mayor
shall preserve strict order and decorum at
all regularand special meetings of the coun-
cil. He shall state every question coming
before the council, call for the vote, an-
nounce the decision of the council on all
subjects and dEcide all questions of order,
subject, however, to an appeal to the coun-
cil, in which event a majority vote of the
council shall govern and conclusively dctcr-
mine such questioûr of order. He shall sþ
all ordinances adopted by tha council during
his presence. In the event ofthe absence of
the mayor, the mayorpro tempore shall sign
ordinances as then adopted. (Ord. 1594 $ I
(paa), 1994)
2.04.080 CalI to order*Temporary
chairman.
The mayor, or in his/her absence the
mayor pro tempore, shall'take the chair at
the hour appointed for the maeaing, and
shall immediately call the council to order.
In the ab$cnco of the mayor 0r mayor pro
tempore, the cify clerk, or the acting city
clerk shall call the council to order where-
upon å æmporarychairperson shall beelect-
ed by the members of the council pre$ent.
Upon the a¡rival of the mayor or mayor pK)
tempore, the temporary chairperson shall
o
o
I
(l-odi 74t)T2
t
t
immediately rolinquish the chair upon the
conclusion of the business immediaæly
before the council. (Ord. 1594 $ I (pa¡t),
t994)
2.04.090 Roll call.
Before proceeding with the business of
the council at regulm, special or informa-
tional sessions, the city clerk or tho acting
city clerk shall call the roll of the members,
and the namcs of those present ehall be
entercd in the minutes. (Ord. 1594 $ I
(part),1994)
2.M.100 0rder of business-
Assembly of offtcers"
All meetings of *re council shall be open
to the public, except for closed sessions as
permitted by law. The council shall provide
by resolution the order of business for
regular meetings of the council, and shall
provide therein for public comrtrerit as
required by law. In attondance shall be the
city manager, the city clerk, and the city
âttomey or their authorized designees. (Or¿,
1699 $ 2,200t)
z.04,Jñ Reading and approval cf
minutes,
Unless the reading of the minutes of a
council meeting is requested by a majority
of the council, such minutps rnay be ap-
proved without reading if the city clerk has
previously furnished each member with a
copy thereof. Any council membcr can
conect an erKlr in the minutes, subject to
verification by the cle-rk. (Orrl. 1594 $ I
(part), 1994)
2.M.L20 Rules of dehnte.
The council shall, by resolution, adopt
¿04|080
rules of conductand debate applicable.to.all
city council meetings. (Ord. 1594'$ I (part);
r994)
2.04,130 Addressing the councll,
A. Any interested porson may, Subject
to the rules of procedure adopted hereunder,
speak on any item coming bcfom the cor¡n-
cil. It shall not be required that pcr.sons
wishing to speak give prior wrinon noticen
but priority shall be given to thosc 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 first securing permission of the
council to do so.
C. Remarks by the public shall be made
only from the podium. Speakers shaü first
give their names and addresses fqr the re-
cord, and no one shall be perm¡üêd to entÊr
into any discussion without pemrission of
the presiding officer. (m. H94 $ I (part),
19e4l-
2.04.140 Voting.
All megrbers of the council, when pres-
ent, must vote. If a member of the council
states that he is not voting, his silencc shall
be recorded as an affir¡native voto unless,
however, the council nnmber abstains from
voting by reason of his/her interçst in the
lnetter beforc the council and that reason is
stated $ the meeting. (Ord- 1594 $ I (part),
1994)
2.04.150 Decorum.
A. Council Members. Whilo thecouncil
is in session, the members must preserve
order and deconrm, and a membgr shall
neither, by conversation or othenvise, delay
or intemrpl the proceedings or the peace of
the council nor disturb any member whilet
T3 (I¡di 741)
: 1,1., r1 ; '.
iii2.M;150
::..
:.11.. . . :.-.
i .',spc¿klng or {êñ¡se to obey the orders of the
,.counçil or its pÍgsiding officer, excçpt as
iother+irise providéd by this chapter. Any
membèr who, aftçr waming by the chair,
.reperædly violatçs'these n¡les may be eject-
,:.ed fsr the remainder of tho meeting by wo-
,thirds voæ of the council.
8.,' Other Fersons. Any person making
'perséqal, irnperdnent or slanderous remarks
:orwho becornes böisterous during the coun-
cil meeting shall be forthwith, by the pre-
sidlng ofücer, barred from further audience
at the mceting bcfore the council, unless
pernrission to csntinuð is granted by a ma-
jority vote of the cor¡ncil.
C. Any violation of this section may be
punished as an infraction pursuant to Sec-
tion 1.08.010 of this code. (Ord. 1594 $ I
(part), 1994)
t.04.160 Pertons allowed witftin
ra¡I,
No person, except city o.fficials, thei¡
rêpresentativee a¡d,newsgalhoring or media
penonnel, shall be pe$itted within ths rail
in front of thc council chamber duing
meotings, withouf .tlie express consent of the
council. (tu. 1594 $ I (pa¡t), 1994)
2.04J7O Ëntry of dissent tn
mimrtm.
Any councit member shall have the right
to have the reasons for his dissent ftonu or
protest agaihst, any action of the council
enterçd on the minutes. (Ord. 1594 ç I
(pan), 1994)
2.M.180 Prcparation of agendns.
A. Consistent wÍrh the provisions of the
Ralph M. Brown Act (Govemmênt Code
Section 5495CI et sçq.), the agenda for
council mÇetings shall be prepared by the
city manager, and distributed by the city
clerk-
B. Maners rnay be placed on the agenda
for consideration by the city council by
request of:
l. fuiy member of the city council;
2. The city rnanaget;
3. The city clerk;
4. The city attorney.
C. Any reasonable request by any per-
son named in this section to place a mâtter
on the agenda shall be honored, subject to
the city manager'$ discrEtion as to the prep
aration of accompanying staffreports. (Ord.
1594$1(pan), 1994)
2,04.190 Closed sessions*
Confidendality.
A. No officer, employee or agent of the
l'
f,
(t¡di 7-ol)l4
t
o
t
city shall, without proper authorization,
divulge confidential information received by
such person as pârt of his or her official
duties during any closed session of the city
council authoriznd -under the Ralph M.
Bmwn Act (Govemnent Code Section
54950 et scq.) as it now exists or may later
be modified.
B. Sueh confldential information may
include bu¡ is not limited to m&tters involv-
ing pending litigntion, properfy açquisition,
labor negotia[ions, personnel matters or
other lnformation, ffie disclosure of which
would rcasonably be likely lo prejudíce the
good faith conduct ofcity þusiness, consti-
tute an unwananted invasion of privacy, or
place the city aÍ. an unfair disadvantage in
negotiations,
C. For purposes of this section, "proper
authorization" meÂns:
l. In mattçrs of personal privacy, a
waiverby tlß Índividual enjoyingsuch right
of privacy;
2. ïhe order or subpena of ¿ court of
competent jurisdiction;
.3. Authorization by thc city council æ
a body;
4. Conclusion or finalizarion of the
matter or subject involved, æ detennined by
the city council.
Þ. Nothing in tfijs chapler shall be
deemed a waiver of any other confidential
privilege for any information estûbl¡shed
elsewhere by statute orca.se law. (Ord. 1594
$ I (part), 1994)
I
r5
EXHIB¡T B
RESOLUTION NO. 2006-31
A RESOLUTIONOFTHE LODI CITY COUNCILADOPTING
AND ESTABLISHING RULES FORTHE CONDUCTOF ITS
MEETINGS, PROCEEDINGS, AND BUSINESS AND
THEREBY RESCINDING RESOLUTION 2004.282
\ /t|EREAS, the Lodi City Council, pursuantto Chapter 2.M of the Lodi Municipal
Code, is empowered and required to adopt by resolution, rules of conduct for City
Council meetings;and
\ FIEREAS, it is desirable to make such procedural rules applicable to all other
boards, commissions, and committees of the City.
NOW THEREFORE, BE lT RESOLVEDbythe LodiCity Councilasfollows :
SECTION 1.Pl Il trs ôtr nôNnt tr\T aNrì ntr FIATtr trôP THE CITY nôltNnil
A Presidina Officer Mav Debate
The Mayor or presiding officer may move, second, and debate from the chair,
subject only to such limitationsof 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 beingthe presidingofficer.
obtain¡no 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
B
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 pafty 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.
Vo¡inq.
All members present at a meeting shall vote when the question is called, subject
to the provisionsof Lodi MunicipalCode Section 2.U140.
D.
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 nondebatable; the
last four are debatable.
SUBSIDIARY MOTIONS:
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. lt must be moved and seconded and passed by a majorityvote.
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 w,l"ro
already hasthe floor. A two-thirdsvote is requiredfor passage.
3 Limitor 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 requiresa 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.
4.
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. lf 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
immediatelydiscussed by the Council or board at the time the motion to
return is made.
1
2
2
Aqend. Any member may amend the main motion or any amendment
madeto the main motion. Beforethe 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
amendmentto 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 bythe chair.
Postpone lndefinitely. Any member may move to postpone indefinitely
the motion on the floor, thus avoiding a directvote on the pending motion
and suspending any further action on the matter. The motion must be
seconded and requires a majorityvote for passage.
F. Motionsof 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.
Callfor Orders of the Dav. 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
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.
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 if there is
business pending. The motion must be seconded and a majority vote is
requiredfor passage. The motion is not debatable.
Point of Order. Any member may requirethe chair to enforcethe rules of
the Council or board by raising a point of order. The point of order shall
be ruled upon bythe chair.
Appeal. Should any member be dissatisfied with a ruling from the chair,
he/she may move to appealthe 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.
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2
3.
4.
5.
6
3
7
8.
I
Suspend the Rules. Any member may rnove to suspend the rules if
necessary to accomplish a matter that would othenrise violate the rules.
The motion requires a second and a twothirds 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.
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 effors, 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. lf the motionto reconsideris 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
atthe same meeting.
10. Rescind, Repeal, or Annul. The Councilor 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
requirementsor unless othen¡vise specified by law.
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 preventthe misuse d the legitimateform of
motions, or the abuse of privilege of renewing certain motions, to obstruct the
business of the Councilor board by ruling such motions out of order. ln so ruling,
the chair shall be courteous and fair and should presumethat the moving party is
makingthe motion in good faith.
Public Hearinas.
Matters which are required to be heard at a noticed public hearing shall be
conducted in the following manner.
Time for Consideration. Matters noticed to be heard by the Council or
board shall commence at the time specified in the noticeef 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 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-continuedto 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 afier the time
specified in the order or notice of hearing, a copy of the order or notice of
continuance of hearing shall be posted ímmediàtely following the meeting
at which the order or notice of continuance was adopted or made.
Public Discussion at Hearinas. \Mren 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 bythe 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 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.
New Business: lntroduction.
During Council meetings, no new business on the agenda (except closed
sessions) shall be considered after 1l:@ p.m. without two-thirds vote of the
Council. Any new business remaining on the agenda shall be carried overto the
next regular Council meeting.
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J. Quorum: Maioritv: Two-Thirds Vote: Determination
As used in this resolution or in the application of Lodi Municipal Code Chapter
2.M, the following definitions shall apply:
1 "Quorum" shall mean a simple majority of the total numberof all persons
on such body.
2."Majority" shall mean the majority cf members actually present at a
meeting.
3.'Two-thirds vote" shall mean twothirds vote of the members actually
present, rounded up or to the next number if less than a whole person.
Two-thirds cf four members shall be three members: two-thirds of five
members shall be four members: etc.
The City Attorney shall review the City Council Agenda priorto its distribution to
Council and note all Quasi Judicial items thereon. \Mren the City Council or
commission acts in an adjudicatory or quasi-judicialcapacity, each member must(f) 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 Resolutionshall become effective immediately
Dated: February15,2006
K
NOES:
ABSENT:
ABSTAIN
I hereby certiff that Resolution No. 2006-31 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held Febru ary 15,2006, by the following
vote:
AYES:COUNCIL MEMBERS- Beckman, Hansen, Johnson, Mounce,
and Mayor Beckman
COUNCIL MEMBERS- None
COUNCIL MEMBERS- None
COUNCIL MEMBERS- None
2006-31
6
City Clerk
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EXHIBIT G
RESOLUTTON NO. 2004-1 15
A RESOLUTION OF THE LODI C¡TY COUNCIL
ADOPTING THE CITY OF LODI CODE OF ËTHICS AND VALUÊS
BE lT RESOLVËÐ that the City of Lodi Çode of Ethics and Values, as $hown on
Exhibit A attached hereto, is hereby adopted by the City Council of the City of Lodi to þe
effective immediately; and
FURTHEH RESOLVED that this resolution shall apply to Lodi City Councíl
Members and City CouneilAppointees (i.e. City Manager, City Attorney, and City Clerk).
Dated: June 2, 2004
I hereby certify that Flesolution No.2004-115 was passed and adopted by tha
City Council of the Çity of Lodi in a regular meeting held June 2, 2OO4, by the following
vcte:
AYES:
NOE$;
ABSENT:
ABSTAIN:
COUNCIL MEMBERS - Beckman, Hitchcock, Howard, Land, and
Mayor Hansen
COUNCIL MEMBËHS - None
COUNCIL MEMBERS - None
COUNCII MEMBERS - None
SUSAN J. ELACKSTON
City Clerk
2004.1 1S
TXHIBIT A
CITY OF LODI
Code of Ethics and Values
PRE,AÍI,IBLE
The proper operation of democratic government requires that decision-makerg be
independent, impar,tial, and accounlable to the people they serve. The City of
LodÍ 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 subseribe to this Code, understand
how it applies to their specific responsibilities, and practice its eight core values
in their work. Because we seek puþlic confidence in the City's services and
public trust of its decision-makers, our decisions and our work must meet the
rnost demanding ethical standards and demonstrate the highest levels of
achievement in following this Code.
1. As a representative of th6 Clty of Lodl, I wlll be ethical.
ln practice, this value loolts like:a) I am trustworthy, âct¡ng with the utmost integrity and moral courags.
b) I am truthful, do what I say lwitl do, and am dependable.
c) I mako impartial decisions, tree of bríbes, unlar,vful gifts, narrow political interests,
and financial and other personal interest that impair my índependencs of
judgment or action.
d) I am fair, distrlbuting boneflts and burdens according to consislent and equitable
criteria-e) I extend equal opportunities and due process lo all parties in matters under
consideration. lf I engage in unilateral meetings and discussions, I do so without
making voting decisions.
f) I show respect for persons, confidences, and information designated as
"confldential" to the extent permitted by California law.g) I use my title(s) only when conducting official City business, for information
purposes, or as an indícation of background and expertise, carefully considering
whethsr I am excêeding or appaaring to exceed my authority.
2.As a representative of the Cify of Lodi, I vvill be professlonal.
ln praotice, this value looks like:
a) I apply my knowledge and oxpertise lo my assigned activities and to the
intsrpersonal relationships that are parl of my job in a consistent, confident,
competent, and productive manner,b) I approach my job and work-relatêd relalionships with a positive åttitudo,
c) I keep my professional knowledge and skills curronl and growing,
As a representat¡ve of the City of Lodi, I will be servlce-orlented.
ln practice, this value looks like:a) I provide friendly, receptive, courteous service to avoryone.b) I am attuned to, and care aboul, the neods and issues of citizens, public officials,
and City workers.c) ln my interactions w¡th constituênts, I am interested, engaged, and responsive.
3
policy/Code0f Ethics.doc
ctw QF LoÐt
QODE OF ETHIGS
Pasa 2 of 2
4.
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6.
8.
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As a repreôentative of the City of Lodi, I will be fiscally responsible,
ln practfce; this value looks like¡
a) I make decisions after prudent consideration of their financial impact, taking into
agcount the long-term financfal needs of the Çity, especially lts financial stability.
b) I demonslrate concern for the propor use of City assets (e.9. personnel, lime,
property, equipment, and funds) and foflow êstablí$hed procedures.
c) I make good financial decisions that saek to prêserve programs and servicas for
City resídents.
As a representat¡ve of the City of Lodi, I will be organized'
ln practice, thls value looke llke:a) ¡ act in qn efficient mannar, making decisions and recommendations based upon
rssearch and facls, taking into consideratlon short- and long-term goals.b) I foltow through in a responslbla way, keeping olhers informed, and responding in
a timely fashion.c) I am respectful of established City proc€sses and guidelines.
As a representative of the City of Lodi, I will be communlcative.
ln practlce, this valuê lookç llke:
a) I convey tho Çtty's care for and comrnitmont to its citizens.b) lcommunicate in various ways that I am approachable, open-minded, and willíng
to participate in dialog.c) I engage in etfective two-way communication, by listening carefully, asking
guo$t¡ons, and determining an appropriate response, which adds value to
conversations.
As a representative of the City of Lodi, I will be collaboratlve.
ln practlce; thls valus looks like:a) f act ín a cooperatlve mannqr with groqps and other individuals, working togoth€,r
in a spirit of tolerance and understanding.b) f work toward consensus-building and gain value from dlverse opinionq.c) I accomplish tho goa's and responsibilities of my individual positlon, whilo
respectlng my role as a member of a tearn.d) I consider the broader regional and slate-wide implicatlons of lhe City's decisions
and issues.
As â representative of the City of Lodi, I will be progressive.
ln practfce, thls vôlue looks like;a) I exhfbit a proactivo, innovative approach to sotting goals and conducting the
City's business.b) I display a style that maintains consistent standards, but is also sensit¡ve to the
need to compromise, "thfnking outside the box," and improving exísting
paradigms when necessary.c) I promoto intelllgent and thoughlful innovation in order to forward the Qity's policy
agenda and City sorvicês"
EXHIBTT D
RESOLUTTON NO. 2009-146
A RESOLUTION OF THE LODI CITY
COUNCIL ADOPT]NG POLICY REGARD¡NG
LEG ISLATIVE INVOCATIONS BEFORE
MEETINGS OF THE LODI CITY COUNCIL
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:
\A/I-IEREAS, 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 "lnvocation") before each meeting, for the benefit of the
Council;and
\ ftlEREAS, the Council now desires to adopt this formal, written policy to clariñ7
and codify its lnvocation practices and amend the Council Protocol Manual adopted by
Resolution No. 2006-45 accordingly; and
\ Í-IEREAS, 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 d
legislative prayer has coexisted with the principles of disestablishment and religious
freedom." ld., at 786; and
\ fl-IEREAS, 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. at794-795. Thus, Marshfocuses on exploitation
of the prayer opportunity and efforts, direct or not, to proselytize; to promote or sell a
particular religion; and
, \ /I|EREAS, in Simpson v. ChesteÉield County 8d. d Supervisors, 404 F.3d 276(4' Cir. 2004), cerf. denied, the United States Court of Appeals for the Fourth Circuit
reviewed and specifically approved as constitutionalthe prayer policy of a county board,
and made a number of findings about the policy; and
\ Í-IEREAS, the Council acknowledges the general guidance provided by the
Fourth Circuit's findings in Smpson, 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," ld.,
at2%; and
(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; ld., at279: and
(3) Thus, "made plain that [the county board] was not affiliated with any one
specific'fáith" by allowing different persons from different religious convictions and
backgroundsto offerthe invocations. ld., at 286; and
ffiEREAS , in Petphrey v. Cobb County, Georgia,s47 F.3d 1263, 1271(11h Cir.
2008), the Eleventh Circuit embarked on a thorough and scholarly examination of the
Marsh test for invocations when it affirmed as constitutionalthe invocation policy of a
county commission. ln so doing, the Eleventh Circuit reached very similarfindings as to
those of the Fourth Circuit in Simpson, and the Council finds its findings also provide
usefulguidance:
( l) 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 sèótion of a municipality's religíous 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 religiousfaith. Id. at 1277-1278; and
\ ftlEREAS, 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 d
Education,52 Fed.Appx. 355, 356 (gth Cir.2002); and
\ /t|EREAS, the Council acknowledges the decision of California Second District
Court of Appeal in Rubin v. City ú Burbank,101 Cal.App.4'n 1 194 (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:
eu'u"nf,làno
(2)
(9)
assocratron;
Appearances under the Rubin policy were controlled by a pastoral
and
(4) The Rubín lnvocationwas given during the Council meeting;
\ FIEREAS, 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
\ FIEREAS, 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
The Rubin policy was not open to all religious groups within the City of
The Rubin policywas notopento non-religious groups; and
belief or show any purposeful preference of one religious view to the exclusion of others;
and
\ /}|EREAS, the Council recognizes its constitutionalduty to interpret, construe,
and amend its policies and ordinances to comply with constitutional requirements as
they are announced; and
\ Í-IEREAS, the Councilaccepts as binding the applicability of general principles
of law and allthe rights and obligations afforded underthe United State Constitution and
the Constitution of the State of California.
NOW THEREFORE, BE lT RESOLVED by the Lodi City Councilthat the Council
hereby adopts the following written policy regarding legislative invocations before
meetings d the Council, to wit:
L ln order to solemnize proceedings of the Council, it is the policy of the
Council to allow for a legislative invocation (the "lnvocation") to be offered before its
meetings for the benefit of the Council. The lnvocation shall be given in the mann er of a
"Call to Civic Responsibility" encouraging the Council to consider the City's business
with open minds and makejust, wise and compassionatedecisions.
2. The lnvocation shall occur at 6:55 p.m. prior to the opening and noticed
starttime of the Council's meeting and shall be listed on the agenda.
3. No member or employee dthe Council or any other person in attendance
at the meeting shall be required to participate in any lnvocation that is offered.
4. The lnvocation shall be voluntarily delivered by an eligible person as
detailed below. To ensure that such person (the "lnvocation Speakef') is selected from
among a wide pool on a rotating basis, the lnvocation Speaker shall be selected
according to the following procedure:
a.The City Clerk (the "Clerk") shall compile and maintain a database
(the "lnvocation List") of the religious congregations and secular
groups with an established presencewithin and around the City of
Lodi.
The lnvocation List shall be compiled by referencing the listingfor
"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 lnternet, 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 Lodito
attend a house of worship are eligible to be included in the
lnvocation List. Any such group not othenrise identified for
participation may request its inclusion by specific written
communication to the Clerk.
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 d Lodi. The lnvocation List is to be compiled
and used for purposes of logistics, efficiency and equal
opportunityfor allwho may choose to participate in the lnvocation.
b.
c.
The lnvocation List shall also include the name and contact
information of any chaplainwho may serve one or more of the fire
departments or law enforcement agencies of the City of Lodi.
The lnvocation List shall be updated annually, by reasonable
effofis of the Clerk.
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 lnvocation List, as
well as to the individualchaplains included on the lnvocation List.
Respondentsto the invitation letter shall be scheduled on a first-
come, first-serve basis to deliverthe lnvocation.
5. No lnvocation Speaker shall receive compensationfor his or her service.
6. The Clerk shall make every reasonable effort to ensure that the eligible
lnvocation Speakers that are scheduled to give the lnvocation before the
Council meetings represent a variety of view points from within and
around the City of Lodi. ln any event, no lnvocation Speaker shall be
scheduled to offer an lnvocation at consecutive meetings of the Council,
or at morethan two (2) Councilmeetings in any calendaryear.
7. Neitherthe Council northe Clerk shall engage in any prior inquiry, review
of, or involvementin, the content of any lnvocation. Moreover, the
lnvocation may be given in a manner that respectfully references the faith
or beliefs of the lnvocation Speaker. However, no lnvocation Speaker
shall give an lnvocation that seeks to: 1) convert those present to a
particular religious belief or seeks to demean a particular religious beliefor lack thereof; 2) advocates a political agenda; or 3) asserts the
accuracy, inaccuracy, or primacy of any religious belief or lack thereof.
lnvocation Speakers who violate this policy shall be permanently removed
from the lnvocation List and their lnvocation may be interrupted and
terminated by the Mayor.
8. Shortly beforethe opening gavelthat officially beginsthe meeting and the
agenda/business of the public, the Mayor shall introduce the lnvocation
Speaker, and invite only those who wish to do so to stand for those
observances given for the benefit of the Council.
9. ln the event that the lnvocation Speaker does not or cannot appear as
scheduled, or in the event that no lnvocation Speaker has volunteered or
been scheduled for a particular Council meeting, shortly before the
opening gavelthat officially begins the meeting and the agenda/business
of the public, the Mayorshallannounce a momentof silencefor individual
reflection; and invite only those who wish to do so to stand for those
observances given for the benefit of the Council.
10. This policy is not intended, and shall not be implemented or construed in
any way, to affiliate the Councilwith, 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
d.
e.
f
g
Council's respect for the diversity of religious and non-religious thought
represented and practiced among the citizenswithin 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 10 pointfont underthe lnvocation
Agenda ltem:
"lnvocations may be offered by any of the various religious and non-
religiousorganizationswithin and around the City of Lodi. lnvocations are
voluntary offerings of private citizens, to and for the benefit of the Council.
The views or beliefs expressed by the lnvocation Speaker have not been
previously reviewed or approved by the Council, and the Councildoes not
endorse the beliefs or views of any lnvocation Speaker or religious
organization."
NOW THEREFORE, BE lT FURTHER RESOLVEDthat this policy shall become
effective i mmed iately.
Dated: October 21,2009
I hereby certify that Resolution No. 2009-146 was passed and adopted
City Council of the City of Lodi in a regular meeting held October 21, 2QOg,
following vote:
AYES
by the
by the
NOES:
ABSENT:
ABSTAIN
COUNCIL MEMBERS - Hitchcock, Johnson, Katzakian, Mounce,
and Mayor Hansen
COUNCIL MEMBERS- None
COUNCIL MEMBERS- None
COUNCIL MEMBERS- None
Mayor
D
RANDI
City Clerk
2009-146