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Presentation from Adam Ferguson, Senior Management Analyst, Regarding the Martin Luther King Jr. Celebration and Juneteenth Celebration Advisory Committee Bylaws, The Brown Act, and Rules of Order
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Meeting Date: July 17,2024
Contact Person/Dept: Adam Ferguson/ PRCS
Phone Number: (310) 253-6685
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [] Action Item: [] Attachments: [X]
Public Notification: (E-mail) Meetings and Agendas - Parks, Recreation and Community Services Commission (07/11/2024); (E-mail) Parks, Recreation & Community Service Department Updates (07/11/2024)
Department Approval: Ted Stevens, PRCS Director (07/11/2024)
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RECOMMENDATION
Staff recommends the Martin Luther King Jr. Celebration and Juneteenth Celebration Advisory Committee (Advisory Committee) view the presentation from Adam Ferguson, Senior Management Analyst, regarding the Advisory Committee Bylaws, the Brown Act, and the Rules of Order (Attachment 1).
BACKGROUND/DISCUSSION
Advisory Committee Bylaws
The Advisory Committee Bylaws (Attachment 2) provide guidelines on topics relevant specifically to the duties and meetings of the Advisory Committee. Culver City Policy Number 3002 (Attachment 3) provide guidelines that are relevant to all of the City’s Commissions, Boards, and Committees (CBC). When the Bylaws and Culver City Policy Number 3002 are in conflict, the City Council policy will be controlling.
Highlights of the Advisory Committee’s Bylaws include:
• Purpose of the Advisory Committee: To advise and make recommendations to the City Council and the Director of Parks, Recreation, and Community Services (PRCS) on policies and issues related to the City’s annual Martin Luther King, Jr Celebration and Juneteenth Celebration.
• Attendance: Any member who is absent from three consecutive meetings or a total of five meetings in any six-month period shall automatically forfeit their membership on the Committee.
• Applicable Laws: The Committee is subject to all applicable laws, including but not limited to, the City Charter, the Culver City Municipal Code, and other applicable Ordinances and Resolutions. The Committee is also subject to codes of conduct and ethics.
• Chair and Vice-Chair: The Committee shall elect a Chair and Vice-Chair from among its membership to serve one-year terms. The Chair shall preside over all Committee meetings and the Vice-Chair shall act as the Chair in their absence.
• Regular Meetings: The Committee shall meet monthly at a time and place designated by the Committee. The Members shall establish a regular meeting schedule at their first meeting.
• Special Meetings: Shall be called anytime by the PRCS Director or by a vote of five or more members of the Committee.
• Quorum: 5 members constitute a quorum. A quorum of members is required to hold a meeting.
• Placing Items on an Agenda: Consensus among a majority of Committee Members present must exist in order to place an item on a future agenda. Staff may also place items on future agendas.
• Amending the Bylaws: The Bylaws may only be amended by resolution of the City Council.
The Brown Act
The Brown Act (Attachment 4) requires that all meetings of a government body by open to the public. This includes public notices posted at least 72 hours prior to a regular meeting and at least 24 hours prior to a special meeting. Discussion among the majority of members of a legislative body outside of a public meeting is strictly prohibited. It defines a meeting as a gathering of a majority of members to hear, discuss, or deliberate any item of business or potential business in which is within its subject matter jurisdiction. This can include gatherings in person or through the use of technology, such as email. A serial meeting is a series of private meetings that allows a majority of the CBC Members to commit to a decision or engage in deliberation of public business. Serial meetings can occur in one of two formats:
• Daisy Chain contact: Person A speaks to Person B and then Person B speaks to Person C until a quorum of members has deliberated on an issue without having a public meeting.
• Hub & Spoke Contact: One person is the hub who feed and receives information to and from other members.
Emails can also violate the Brown Act. The Attorney General has ruled that even if the emails are posted and made publicly available, it is a violation of the Brown Act for the majority of members to email each other.
By avoiding violations to the Brown Act, we can ensure transparency and allow for equitable opportunity for the public to give input.
Rules of Order
Robert’s Rules of Order is a procedural and complex guide for governing bodies. Rosenberg’s Rules of Order (Attachment 5) are a simplified version and are most used among local municipalities. If Rosenberg’s Rules of Order and City Council policy are in conflict, City Council policy is controlling. Highlights from Rosenberg’s Rules of Order include:
• Order of the Agenda: A meeting must follow the agenda that has been made public. The only time items can be rearranged is during “Order of the Agenda.” At that time, Members can request the order of items to be changed. Nothing new can be added to an agenda during a meeting.
• Public Comment: The Chair determines the length of time for speakers making public comment. It is required that all speakers in the queue have the same amount of time. Discussion on the public comment is not allowed between Advisory Committee Members and/or the public making the comment.
• Member Comments: After each staff report, the Chair will call on each Member to make comment and/or ask questions pertaining to the topic at hand. Before making comment, each Member must clearly state their name. This helps clarify the record of the meeting and the organization of the minutes. Members are not allowed to speak during another member’s turn or interrupt another member. If a Member wishes to comment on the remarks made by another Member, he or she must ask permission from the Chair to comment. The Chair may allow the comment or choose to move on with the meeting.
• Motions: After the Advisory Committee has finished discussing an item, a Member may make a motion to approve the item, to receive and file the information, or to approve as amended. Here is sample language used when making a motion:
Chair: May I get a motion to approve?
1st Member: I make a motion to approve.
2nd Member: I second the motion to approve.
Secretary: I have a motion by ____ and a second by ______ to approve.
Because the Advisory Committee meets at the Senior Center and not in Council Chambers, it is required that the Member state their name prior to making a motion or before making a second. This helps clarify the record of the meeting and the organization of the minutes.
• Voting: All votes must be done by a roll call/ voice vote. Members may not vote by raising their hands. Roll Call Voting is called by title with Members by last name in reverse alphabetical order, followed by Vice Chair, and Chair.
FISCAL ANALYSIS
There is no fiscal impact associated with this presentation.
ATTACHMENTS
1. 2024-07-17-ATT 1 Presentation Regarding the Advisory Committee Bylaws, the Brown Act, and the Rules of Order
2. 2024-07-17 - ATT 2 Resolution with MLK Jr. Celebration and Juneteenth Celebration Advisory Committee Bylaws.
3. 2024-07-17 - ATT 3 Culver City Policy Number 3002
4. 2024-07-17 - ATT 4 Summary of the Major Provisions and Requirements of the Ralph M. Brown Act
5. 2024-07-17 - ATT 5 Rosenberg’s Rules of Order Simple Parliamentary Procedures for the 21st Century
MOTION
That the Martin Luther King Jr. Celebration and Juneteenth Celebration Advisory Committee:
View the presentation from Adam Ferguson, Senior Management Analyst, regarding the Advisory Committee Bylaws, the Brown Act, and the Rules of Order.