HomeMy WebLinkAbout2021-027-3582_-_Protocol_Manual_-_Adopted_(1).docxRESOLUTION NO. 2021-027-3582
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, APPROVING A PROTOCOL
MANUAL ESTABLISHING RULES FOR COUNCIL CONDUCT,
INTERACTIONS WITH CITY ADMINISTRATION, AND MEETING
PROCEDURES, ATTACHED HERETO AS EXHIBIT "A";
PROVIDING FOR THE ADOPTION OF REPRESENATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, At the conclusion of the 2021 City Council Retreat, the Mayor and
City Council desired to establish protocols which governs the order conduct of business,
interactions with city administration in accordance with the City Charter & Code, and
proper use of City resources , and
WHEREAS, the relationship between the Mayor and City Council, City Manager,
City Clerk, City Attorney, and Staff is generally discussed in the City Charter , and
WHEREAS, the Protocol Manual is designed to assist the City Council, Charter
Officers and Staff by memorializing existing policies, procedures, and the general ways
of doing things as it relates to matters involving the City, surrounding municipalities, as
well as the public, and
WHEREAS, the Protocol Manual, attached hereto as exhibit A, is intended to be a
guild and is not a substitute to the City's Charter, Code of Ordinance, or any counsel,
guidance, or opinion of the City Attorney. , and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby creates a Protocol Manual attached hereto as exhibit A.
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon
its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON MARCH 24, 2021.
________________________________
RODNEY HARRIS, MAYOR
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ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: MARIO BATAILLE, CITY CLERK
Moved by: Councilman Stephens
Seconded by: Vice Mayor Leon
VOTE: 7-0
Mayor Harris Yes
Vice Mayor Leon Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro No
Councilwoman Julien Yes
Councilman Stephens, III Yes
Councilwoman Wilson Yes
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EXHIBIT A
1. INTRODUCTION AND OVERVIEW
1.1. PURPOSE OF PROTOCOL MANUAL
This Protocol Manual is designed to assist the City Council, Charter Officers and Staff by
memorializing existing policies, procedures, rules and regulations directly related to City
business, interactions with surrounding municipalities, as well as the general public. The
relationship between the Mayor, City Council, Charter Officers (City Manager, City Clerk,
City Attorney) and Staff is thoroughly defined in the City Charter and should be adhered
to at all times. Additional purposes of this manual include, but are not limited to, the
improvement of efficient and effective City Council/staff relations. The productivity of
City business is greatly enhanced by the agreement of City Council, Charter Officers, and
staff to abide by all practices.
This manual should be viewed as an instructive source of guidance where practices are
documented and expectations are clarified. Practices and expectations will vary as
circumstances arise. City Council will review and revise this manual accordingly, as a
body. 1 As used herein, unless the context dictates otherwise the term “Council member”
shall include members of the City Council and the Mayor as outlined in Section 2.2 of the
Charter.
1.2. MAYOR-COUNCIL-MANAGER FORM OF GOVERNMENT
The City Charter here-in referred to as “the Charter” acts as the City's Constitution. It
outlines the form of government, and establishes the organizational structure of the City.
The City of Miami Gardens was established with a Mayor-Council-Manager form of
government, which means the Mayor, City Council, and the City Manager all have distinct
authority as outlined in the Charter. In addition, the Charter provides and outlines the
roles of the Charter Officers.
The Mayor serves as the presiding officer and chair of all meetings of the City Council.
The Mayor is also recognized as head of the Government for all ceremonial purposes, for
purposes of military law, and for service of process. Additional specific responsibilities
of the Mayor can be located in Section 2.1 of the Charter.
During the absence or incapacity of the Mayor, the Vice Mayor shall have all the powers,
authority, duties and responsibilities of the Mayor.
1 The issues addressed in this publication are often complex and subjective in nature. This manual is intended to
be a guide and in no manner a substitute to the City’s Charter, Code of Ordinance, or any counsel, guidance, or
opinion of the City Attorney.
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An elected City Council serves as the City’s primary legislative body whose core functions
include establishment of policy, budget approval, tax rate determination, etc. The City
has a City Manager whose primary functions include, but are not limited to oversight of
day-to-day municipal functions, budget preparation and implementation and
enforcement of policy and legislative initiatives of the City Council. The City Manager is
also responsible for all personnel related matters of the Office of the City Manager. The
City Attorney is the Chief Legal Advisor to the City Council and City Staff. The City
Attorney is also responsible for all personnel related matters of the Office of the City
Attorney. The City Clerk is the records custodian of the City, the Supervisor of Elections,
manages the advisory boards and commissions, coordinates advertisements and public
notices, along with other related duties. The City Clerk is also responsible for all
personnel related matters of the Office of the City Clerk.
Section 4.2 prohibits the City Council and any of its members from dictating the
appointment or removal of any City employee, whom the City Manager or any of his
subordinates are empowered to appoint, and only authorizes guidelines to be made to
the City Manager and the City Attorney. It also prohibits individual City Council members
from making demands to the City Manager. City Council members can however, discuss
City business with the City Manager.2
2. MAYOR AND CITY COUNCIL MATTERS
2.1. INTERGOVERNMENATL RELATIONS
Intergovernmental relations are conventionally defined as the processes and institutions
through which governments within a political system interact. For purposes of this
manual intergovernmental relationships are defined as interactions between the City
and other governmental entities such as Miami Dade County, the State of Florida, Miami-
Dade County School Board, neighboring Municipalities, etc. Several of the Mayor and
City Council members’ legislative functions will involve coordination with other
governmental entities regarding the delivery of services to constituents, especially where
those residential areas overlap.
Section 2.1 of the City Charter specifically provides language that states the Mayor shall
be recognized as head of the City government for all ceremonial purposes and officially
designated to represent the City in all dealings with other governmental entities.
Furthermore, the Mayor shall execute contracts, deeds and other documents of behalf
of the City as authorized by the Council.
2 Article IV of the City’s Charter provides a prohibition to the City Council concerning interference with
administration.
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Therefore, all dealings with governmental entities as defined above, must be through the
Office of the Mayor. If the Mayor chooses, he or she can designate City Council Members,
the Manager and/or the City Attorney to deal with the governmental entities. The Mayor
may designate the Vice Mayor and/or any City Council Member to represent the City for
ceremonial purposes.
2.2. MAYOR AND CITY COUNCIL STAFF SUPPORT
Legislative staffing and support to the Mayor is provided by the Office of the City
Manager. Legislative staffing and support to City Council is provided by the Office of the
City Clerk. Therefore, the City Manager will designate the individual(s) assigned to staff
the Mayor and the City Clerk will designate the individual(s) assigned to staff City Council
Members. While legislative staff members work closely with their assigned elected
official, legislative staff members have a direct report to their immediate supervisor
whether it be through the Office of the City Manager or the Office of the City Clerk. The
Mayor and City Council members do not have supervisory authority over legislative staff
support employees, however the City Manager and City Clerk may delegate certain day-
to-day authority to the Mayor and City Council over assigned legislative staff support
employees as deemed necessary and appropriate to complete day-to-day functions. The
Mayor and City Council may freely express with the City Manager and the City Clerk any
concerns that are directly related to the appointment and/or removal of legislative staff
employees assigned to assist their Offices. The Mayor and City Council shall not in, any
manner, dictate the appointment and removal of any legislative staff and/or employee.
Support from assigned legislative staff will include but is not limited to: preparation of
agenda items, preparation of correspondence and reports, coordinating meetings,
planning and coordination of events, submission of Council request, following up on
Council request, staffing elected officials at events, etc. Legislative staff members shall
not perform personal errands for elected officials and shall not be requested to perform
tasks on their own time without proper notification and/or compensation.
2.3. USE OF THE OFFICIAL CITY LOGO
Section 2.2 of the City of Miami Gardens Code of Ordinance provide for the official logo
of the City as the City’s identifying symbols which is on file with City Clerk’s Office and
should be used whenever it is necessary for the City to identify equipment, facilities,
documents, etc. In addition, it shall be unlawful and a violation of Section 2.2 of the Code
of Ordinances for any person to print for the purpose of sale or distribution or
advertisement, circulation, publishing, use of offer for sale, any letters, papers,
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documents or items of merchandise containing city logos, or simulate the official logos
of the city without the expressed written authorization of the City Manager or City
Council.
Any City Council member requesting the utilization of the City’s logo must do so in
written form to the City Manager or by Agenda Item to the City Council.
2.4. PROCLAMATIONS, COMMENDATIONS, AND KEYS TO THE CITY
Proclamations, Sympathy Resolutions, Commendations, and Keys to the City are
ceremonial commemoration of an individual, event, or matter. The Mayor issues all
ceremonial commemorations. They are not statements of policy and do not require the
official approval or action of Council. All requests for these ceremonial commemorations
are to be submitted in writing to the Office of the Mayor.
3. CITY COUNCIL REQUESTS
3.1. AGENDA ITEMS
Agenda Items sponsored by individual City Councilmembers must be requested no later
than thirty (30) calendar days prior to the meeting where the item will be placed on the
Agenda. In some cases, additional time is required if the matter involves complex
matters that require significant involvement of the City Manager and/or City Attorney.
This would allow staff adequate preparation time of the agenda item. Legislative staff
will also be required to conduct research and/or attend planning meetings based on the
complexity of the subject matter.
The role of the Legislative Analyst (Analyst) is to staff and carry out the duties and
initiatives of the City Council Office in which they are assigned. Analysts are to prepare
and submit agenda cover memorandums on behalf of their assigned City Council
member in a timely manner. Consequently, Analysts should attend all agenda item
preparation meetings with or on the behalf of the City Council members to which they
are assigned. That includes but not limited to planning meetings with the City Manager,
City Attorney, City Clerk, and/or designated staff from said offices. Any Council
sponsored agenda item submitted by the Analyst less than thirty (30) calendar days must
be accompanied by a draft Resolution/Ordinance for the City Attorneys’ Review. There
will be no additions of Council member sponsored items placed on the City Council
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Agenda after the City Council Agenda has been published, unless they are deemed to be
an emergency as outlined below.
Emergency items may be added to an agenda in accordance with state and local law.
Emergency items are only those matters immediately affecting the public health, safety
and welfare of the community, such as widespread civil disorder, disaster, pandemics,
state of emergency, natural disasters and other emergencies deemed severe in nature.
Details for adding an emergency item to the agenda must be announced publicly at the
meeting during order of business.
3.2. REQUESTS FOR INFORMATION
The City Manager is the information liaison between the City Council and City Staff who
work under the City Manager. Request from Council members for information are to be
directed to the City Manager in writing through the Legislative Analyst/Councilmember
to the City Manager’s Office and/or designee. If the responses to the requested
information is deemed by the City Manager to be of importance to other members of the
City Council, the information requested will be copied to all members of the Council so
that each member may be equally informed. The sharing of information with the City
Council is one of the City Manager’s highest priorities.
There are limited restriction regulating the sharing of information. The City has a legal
obligation not to release certain confidential and personnel information. Similarly,
certain aspects of Police Department functions and investigations such as confidential
information directly related to certain crimes and open criminal investigations may not
be available to members of the City Council.
The City Manager will make every effort to respond within 24 to 48 hours to all requests
for information or assistance made by individual City Councilmembers. At the discretion
of the City Manager, if the magnitude of the request, in terms of workload or policy,
exceeds a reasonable scope or expectation, the City Manager may decide it more
appropriate that the request come at the direction of the full legislative body.
3.3. REQUESTS FOR STAFF
Requests for staff assistance shall be submitted in writing to the Office of the City
Manager through the Legislative Analyst. The City Manager will assign all requests to the
appropriate staff person(s) to be completed in a timely and professional manner. The
City Council shall not give any request for information and orders to any staff under the
direction of the Charter Officers, unless expressly authorized by the Charter Officer.
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At the discretion of the City Manager, any staffing request deemed unreasonable or
grand in magnitude, either in terms of workload or policy will come at the direction of
the full legislative body. Any requests for staff that require overtime pay, shall come to
the City Council for approval.
3.4. COUNCIL SPONSORED EVENTS AND PROGRAMS
All City Council Sponsored Events, Policy and Programs must be approved by Resolution.
City resources are not expendable at the direction of any individual members of the City
Council. Therefore, if any member of the City Council wish to utilize City resources for
an event, policy, and program, a Resolution approved by the City Council is required prior
to the dedication or expenditure of any City resources. In addition, City partnership in
community, cultural, or charitable events including financial or in-kind contribution must
be approve by Resolution. City Councilmember(s) sponsoring the event, policy, and/or
program shall be listed on promotional material.
Events, programs, partnerships, and policy approved by the City Council to utilize City
resources may be advertised utilizing all City promotional mechanisms that do not incur
additional costs, unless specific additional expenditures are authorized by the City
Council for promotion of the event. No promotional materials for any signature event
utilizing City resources shall name any individual member of the City Council unless the
Resolution approved by the City Council provides that authorization.
The above requirements do not apply to the following:
a. Community meeting hosted by individual members of the City Council in their
official capacity. These meetings may be promoted utilizing any City
promotional mechanism that does not incur additional costs and they may be
posted at City facilities. The likeness of the Councilmember hosting the
meeting can be pictured in promotional materials.
The Manager has purchasing authority. That does not extend to hosting
events unless they are previously approved by the City Council.
The City Council may not request any employee of the City to volunteer or engage in any
task relating to an event on their personal time. Opportunities for City employees to
volunteer at charitable, community, or cultural events may be communicated to
employees only through the Charter Officers.
3.5. REQUEST FOR SERGEANT-AT-ARMS
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The Sergeant-At-Arms is a group of police officers whose primary mission is to provide
security for the members of the City Council. They operate under the supervision of the
Police Chief. They are responsible for providing security at City Hall and other locations
where City Councilmembers attend. They will be assigned to Councilmembers who are
traveling in their official capacity. The City Manager or his designee will also assign them
to other details that are in the best interest of the City, as determined.
Sergeant-At-Arms will not be used to run personal errands, drive Councilmembers to
events that are personal in nature, provide personal transportation for family member
under any circumstances, or in other situations that are obviously not a responsible use
of the Sergeant-At-Arms services.
The Legislative Analyst assigned to the Councilmember must submit all request for
Sergeant-At-Arms in writing to the City Manager’s Office Forty-eight (48) hours prior to
scheduling.
3.6. REQUESTS FOR COMMUNITY ENRICHEMENT TEAM (CET)
Community Enrichment Team (CET) Officers, specialize in working closely with
community members and local organizations to identify action steps that address
community issues and concerns in an effort to improve the quality of life for all residents.
The CET Officers operate under the direction of the Police Chief. CET Officers are not to
be utilized in lieu of securing adequate Off-Duty Officers at City Council sponsored
events.
Legislative Analysts must submit all request for CET Officers in writing to the City
Manager fourteen (14) days prior to scheduled event.
3.7. REQUEST FOR OFF-DUTY OFFICERS
Off-Duty Officers remain under the exclusive regulation and strict adherence to rules and
regulations of the Miami Gardens Police Department (MGPD). Requests for Off Duty
detail shall be submitted fourteen (14) working days prior to an event through the City
Manager. All off-duty detail requests require approval through the chain of command.
Chain of command approval typically take five (5) business days to process. Requests
submitted less than fourteen (14) working days may not be adequately staffed or
approved. If MGPD is unable to fill any off duty request, notification will be given forty-
eight (48) hours prior to the requested date of service. There is a three (3) hour minimum
requirement for off-duty services and the fees must be rendered in advance.
3.8. REQUEST FOR FLYERS/PROMOTIONS
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All flyer and e-blast requests must be submitted to Public Affairs at least fourteen (14)
calendar days prior to the desired start date for marketing of an event. Legislative
Analysts are to utilize the following link to submit requests -
https://miamigardens.quickbase.com/db/bq5kjy4gb?a=nwr
Or visit www.mgpublicaffairs.info and click Request A City Service Request
3.9. REQUEST FOR CITY FACILITY USAGE AND CITY EQUIPMENT
All facility usage requests must be submitted fourteen (14) days prior to requested date
of service. Each City Council member will be granted eight (8) facility uses per calendar
year at the Betty T. Ferguson Recreational Complex, Bunche Park, Senior Center, and
Risco Park S.T.E.M. Center facilities. These uses must be for a City purpose and not for
personal use of the Councilmember or anyone else. City equipment, including tents,
tables and chairs, shall not be transported for use at events that are not held on City
property.
Legislative Analysts must utilize the link below to submit all requests for facility usage -
https://miamigardens.quickbase.com/db/bq5kjy4gb?a=nwr
Or visit www.mgpublicaffairs.info and click Request A City Service Request
3.10. POOL VEHICLES
The City Council and Legislative Analysts pool vehicles are assigned to the Office of the
City Clerk. Pool vehicles shall not be used for personal, recreational or leisure activities.
Pool vehicles are to be used for City Business Only. Pool vehicles may not be taken beyond
the established Tri-County area boundaries (Miami-Dade, Broward and Palm Beach
Counties). Any requests to use pool vehicles beyond the established Tri-County area must
have the authorization of the City Manager or designee. All pool vehicles should only be
parked overnight in designated parking areas for pool vehicles at City Hall. Only City
Council members and employees who meet the driver requirements, comply with the
City’s pool vehicles fleet policies and procedures, and retain all legally required licenses
and credentials will be permitted to operate a City vehicle in the course of conducting
official City business.
4. CITY COUNCIL MEETING
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The complete established uniform procedures for the conduct of City Council meetings
can be found in Chapter 2 - Article II - Division 2: “Rules of Procedure” of the City’s Code
of Ordinance.
Section 4.1 of the City’s charter provides the City Council shall hold at least 11 regular
monthly meetings in each calendar year at such times and places as the Council may
prescribe.
For any issues of meeting procedure not otherwise directed in the City Charter, City Code
or this manual, Robert’s Rules of Order shall govern the proceeding of City Council
meetings. Failure to adhere to a procedural requirement of Robert’s Rules of Order shall
not be grounds to invalidate any action of the Commission that is otherwise lawful. All
meetings of the City Council shall be held at such place designated by the City Manager
subject to the approval of the City Council. The City Clerk shall give public notice of all
meetings in accordance with F.S. Ch. 286.
4.1. REGULAR CITY COUNCIL MEETING
Section 2-49 of the City’s Code of Ordinance provides the City Council shall hold regular
meetings on the second and fourth Wednesday of each month at 7:00 p.m., except the
day fixed for any regular meeting may be changed by the City Council if the day is a
designated legal holiday. Unless otherwise determined by the City Council, all City
Council meetings shall commence at 7:00 p.m. and shall end no later than 12:00
midnight. No meeting of the city council shall extend later than 12:00 midnight except
upon the affirmative vote of the majority vote of the members present at the meeting.
4.2. SPECIAL CITY COUNCIL MEETINGS
Section 2-49 of the City’s Code of Ordinance provides special meetings may be held on
the call of the Mayor or upon the call of four (4) City Council members upon no less than
forty-eight (48) hours' notice to the public or such shorter time as a majority of the City
Council deems necessary in case of an emergency affecting life, health, property or the
public peace. Whenever a special meeting is called, the request for the special meeting
shall be made in writing and served upon the city clerk.
4.3. SUNSHINE MEETINGS
Any time two (2) or more Council members communicate about any foreseeable matter
that may come before the City Council, it is a meeting under the Sunshine Law. The
following types of communications qualify as a “Sunshine” meeting:
Face-to-face
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Written correspondence
Telephone
Email
Hand signals
Through an intermediary
All Sunshine Meetings of two or more Councilmembers must be called during City Council
Meetings under reports or by request to the City Clerk. The announcement of the
Sunshine Meeting will include the members of the Council that will hold the meeting,
subject matter, date, time, and location. The City Clerk will only publicly notice Sunshine
Meetings that are announced during City Council Meetings.
4.4. WORKSHOPS
The purpose of the City Council Workshops will be for the City Council to hear
presentations and reports and/or conduct discussions in order to provide the Charter
Officers with direction on matters that will require formal action at a Regular or Special
Commission meeting in the future. No official action on City business is taken in
workshops. Workshops do not generally include public input, unless permitted by the
Mayor as the presiding officer.
4.5. EXECUTIVE SESSIONS
Executive Session shall be preceded by a Special or Regular Council meeting, which will
be recessed for the Executive Session. At the conclusion of the Executive Session, the
Special or Regular Commission meeting will reconvene. No member of the City Council
shall disclose to any person, orally or in writing, any information learned, or matters
discussed at the Executive Session. Due to the highly confidential and sensitive nature of
matters discussed during Executive Sessions, notes taken by all persons in attendance at
Executive Sessions and documentation and materials distributed at such Sessions shall be
privileged, given to the Charter Officer(s) at the conclusion of the Executive Session. All
records of an Executive Session shall be kept in a confidential file until the privacy of the
Executive Session privilege no longer applies.
4.5.1. EXECUTIVE SESSION - COLLECTIVE BARGAINING
Pursuant to the City’s Charter, the City Manager is responsible for the Administration of
all affairs of the City and supervision of departments. As the chief negotiator in labor
relations matters, and in accordance with Florida Statutes Section 447.605, the City
Manager may request that the City Council meet in private to consider negotiations
related to collective bargaining.
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4.5.2. EXECUTIVE SESSION - LITIGATION
The City Attorney when necessary calls Executive Sessions. Pursuant to Florida Statutes
286.011(8), the City Attorney may request an attorney-client Executive Session for the
purposes of litigation to consider strategy and possible settlement of cases.
4.6. ZONING MEETINGS/QUASI JUDICIAL HEARINGS
Section 34-44 of the City’s Code of Ordinance provides the procedures for Quasi-judicial
proceedings. These proceedings occur when the City Council considers applications for
rezoning, variances, conditional use permits, design review approvals or other requests
where there is an impact on a limited number of persons or property owners, or
identifiable parties and interests. Such decisions are contingent on facts arrived at from
distinct alternatives presented at a hearing, and where the decision occurs as the result
of the City Council acting in its legislative capacity, i.e. making law.
When the City Council hears zoning items, it is important to remember that these items
cannot be denied, simply because the City Council does not want to see the project be
developed. It is important that the standards as outlined in the Zoning Code are applied
to the project and that the rationale behind denying an application is clearly laid out so
that the actions can be defended in court. These decisions must be supported by what
is known as “competent substantial evidence” in the record.
The City of Miami Gardens has adopted what is known as the Jennings Rule. This means
that members of the City Council are not prohibited from having discussion with
applicants about their applications, prior to the City Council meeting. However, if a
member of the City Council engages in these conversations at the hearing on the
application, the Councilmember must disclose the communication, the identity of the
person, group or entity with whom the communication took place, and such information
must be made a part of the record prior to a final vote on the matter. Council members
should also indicate whether their discussions would have an effect on their ability to be
unbiased in their decision-making.
4.7. CITY COUNCIL AGENDA
Section 2-51 of the City’s Code of Ordinance provides the procedures for setting the City
Council Agenda. There shall be an official agenda for every meeting of the City Council.
The City Manager and/or clerk shall be responsible preparing an agenda for each
meeting. The agenda in advance of the meeting as time for preparation will permit. Only
City Councilmembers or Charter Officers may place items on the Agenda. The City Clerk
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shall establish a consent agenda for the adoption of resolutions and other items upon
the advice and recommendation of the city manager, and approval of the Mayor.
However, each member of the City Council shall have the authority to place self-
sponsored items on the consent agenda without prior approval.
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