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10-192 Resolution No. 10-192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE RECOMMENDING AMENDMENT TO THE CITY COUNCIL POLICY, RULES OF DECORUM AND PROCEDURES FOR THE CONDUCT OF CITY COUNCIL MEETINGS, DATED OCTOBER 1, 2008 WHEREAS, a City Council may establish rules for the conduct of its proceedings (Government Code section 36813) which may be enacted by ordinance or resolution (see Central Mfg. Dist., Inc. v. Board of Supervisors (1960) 176 Cal.App.2d 850) and must preserve constitutional rights and be reasonable and not arbitrary and capricious (see Nevens v. City of Chino (1965) 233 Cal.App.2d 775); and WHEREAS, in order to effectively, correctly, efficiently and safely conduct the responsibilities of their offices, it is imperative that the City of Menifee ( the "City") provide rules of decorum and procedures for the conduct of members of the City of Menifee City Council (the "Council") outside of Council meetings when representing themselves as or addressed in their official capacity; and WHEREAS, one of the most fundamental roles of a Councilmember is communication with the public to assess community opinions and needs; and WHEREAS, the Council believes in conducting the business of government with openness, respect, and civility, and including the involvement of all stakeholders in establishing goals and in solving problems; and WHEREAS, the Council acts and performs as a single body and the City and Council policy is established by at least a majority vote of the Council; and WHEREAS, while individual members of the Council may disagree with the decisions of the majority, a decision of the majority binds the Council to a course of action; and WHEREAS, it is important that general guidelines be understood when speaking as a Councilmember and it is equally as important that when members are expressing personal views, and not those of the Council, the public should be so advised; and WHEREAS, the public, by law, currently has an opportunity to address the Council on any item of interest to the public that is within the jurisdiction of the Council, at the time such matter is heard; and WHEREAS, verbal attacks, rudeness, threatening language, , obscenities, vulgarities, and profanities directed at Council members by members of the public, both outside and inside Council meetings, are unnecessary, inappropriate, have nothing to do with pertinent issues within the jurisdiction of the Council and may not merit a response from a Councilmember. NOW, THEREFORE, the City Council of the City of Menifee resolves approves and orders as follows: 1. The Findings set out above are true and correct. Resolution No. 10-192 Amendment to Decorum Policy regarding Communication with Public 2. The following shall be inserted into the City of Menifee City Council Policy, Policy No. 01, Subject: Rules of Decorum and Procedures for the Conduct of City Council Meetings, dated October 1, 2008, as an amendment adding Subsection 1.E.: "E. Communication with Members of the Public Outside of the City Council Meeting: (1) It shall be the policy of the City Council that inappropriate comments and — behavior such as, but not limited to, verbal attacks, rudeness, threatening language, obscenities, vulgarities, and profanities directed at City Council members or City staff will not be tolerated and such City Councilmember or staff are not required to respond to such commentary or behavior as a part of his or her official duties and responsibilities. Such City Councilmember may advise the member of the public that his or her comment(s) and/or behavior fall outside of the City's policies for response by a City Councilmember. (2) A member of the public may request that an item be placed on a future agenda during public comment or through other or outside communication with Council members. Upon approval of a majority of the Council, the item will be agendized and a staff report may be prepared. The City Manager will inform the City Council of the potential impact the request will have on established priorities or staff workload and seek approval by the City Council before authorizing the work or scheduling the item as appropriate. (3) When City Council members are requested to speak to groups or are asked the City Council's position on an issue, the response should reflect the position of the City Council as a whole. However, a City Councilmember may clarify his or her vote on a matter by stating, for example, "While I voted against X, the City Council voted in support of it." When representing the City at meetings or other venues, it is important that those in attendance gain an understanding of the City Council's position rather than that of an individual member." PASSED, APPROVED AND ADOPTED this the 2151 day of December. Wallace Edgerton, Mayor Attest: Kathy Bennett, City Clerk Approved as to form: - /�Jj Karen Feld, City Attorney 4816-1942-7848.1 2