HomeMy WebLinkAbout(2026, 02/24) - A-1 - AmendedA-1
CITY COUNCIL
Open Meeting Policies
The Newport Beach City Council is required to comply with the Ralph M. Brown Act (Brown Act). Unless
an exception applies, the Brown Act requires public entities to deliberate and act in open session. The City
Council has adopted these rules to ensure compliance with the Brown Act and to promote full citizen
participation in the discussions and decisions of their elected and appointed representatives.
A. Regular Meetings. The City Council shall hold regular meetings as allowed by the City Charter and
the Ralph M. Brown Act. The schedule for regular meetings is set annually by resolution of the City
Council. Regular meetings shall begin at 4:00 p.m., or as otherwise scheduled due to the demand of
business, and shall follow the order of business set forth in this policy.
The City Council may hold a regular meeting, special meeting, or an adjourned regular at any location
authorized by the City Charter and the Brown Act. When the day for any regular meeting falls on a
legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the
same hour on the following business day.
B. All regular, special, and adjourned meetings of the City Council shall be called, noticed, and
conducted in compliance with the Brown Act.
C. Placing an Item(s) on a Future City Council Agenda. A member of the City Council may place an
item(s) on a future City Council agenda for consideration by submitting a title or topic sufficient to
satisfy the requirements of the Brown Act on or before 5:00 p.m. on the Tuesday preceding the
meeting at which the item is to be considered. Item(s) to be placed on a future City Council agenda
shall be primarily focused on issues that directly impact the finances, property, authority, policies, or
interest of the City and/or finances, property, or rights of the residents of the City. When requested,
the City Attorney shall assist a Council Member with the drafting of an agenda title or topic to ensure
consistency with the Brown Act. These items will appear under the section of the agenda titled,
"Matters Which Council Members Have Asked to be Placed on a Future Agenda". Any Council
Member may ask clarifying questions regarding the item to ensure understanding of the matter;
however, the City Council will not discuss or debate the item. At the Council meeting, if three (3)
members of the City Council wish to examine the issue, staff will prepare an appropriate report and
return the item to the City Council for discussion and/or action. Additionally, the City Manager may
place an item(s) on the agenda at the City Manager's discretion.
D. It is the intent of the City Council that no item will be introduced on a City Council agenda after the
hour of 11:00 p.m. Furthermore, it is the City Council's intent that if an item introduced and being
discussed by 11:00 p.m. is not concluded by 12:00 a.m., the City Council should adjourn the meeting
to another date. The intent and purpose of this policy is to encourage a reasonable hour in which the
City Council business is discussed and to protect against fatigue in discussing and deciding important
City issues.
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Order of Business
Unless modified as provided herein, to the extent the business needs of the City require City Council
consideration of the items set forth below, the agenda for regular meetings of the City Council shall contain
the following items in the following order:
Study Session / Regular Meeting Agenda Items
Roll Call
Invocation
Pledge of Allegiance
Presentations
Study Session (if any)
Public Comments on Agenda and Non -Agenda Items
City Council Announcements and Oral Reports from City Council on Committee Activities
(non -discussion item)
Matters Which Council Members Have Asked to be Placed on a Future Agenda (non -discussion item
— Council Members may ask clarifying questions)
Public Comments on Consent Calendar
Consent Calendar:
A. Reading of Minutes and Ordinances
B. Ordinances for Introduction
C. Ordinances for Adoption
D. Resolutions for Adoption
E. Contracts and Agreements
F. Miscellaneous (for example: Planning Commission Agendas, budget amendments, and permit
applications)
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Items Removed from the Consent Calendar
Public Hearings
Continued Business
Current Business
Motions for Reconsideration
Public Comment on Closed Session Items (if any)
Closed Session (if any) - Council Chambers Conference Room
Closed Session Report (if any)
Adjournment
The City Manager or Mayor shall have the discretion to change the order of business. Council Members may
change the order of business by majority vote of the City Council. The City Clerk shall comply with all
Brown Act rules related to publishing instructions required to be provided including the process for
accommodations under the Americans with Disability Act and Senate Bill No.707.
Rules of Order for City Council Proceedings
A. Rules of Order. Except as provided in this policy, the City Charter, other rules, or practices followed
by the City Council, or applicable provisions of state law, the procedures of the City Council shall be
guided by the latest revised edition of Robert's Rules of Order ("Rules"). Rules adopted to expedite
the transaction of the business of the City Council in an orderly fashion are deemed to be procedural
only and the failure to strictly observe such rules shall not affect the jurisdiction of the City Council
or invalidate any action taken at a meeting that is otherwise held in conformity with law.
B. Public Input. Members of the public have the right to address the City Council on any item on the
agenda, as well as any item under the subject matter jurisdiction of the City Council. Generally, the
time allotted for public comment is three (3) minutes; however, the Presiding Officer may limit
speaking time on any item based on the number of agenda items to be considered at the meeting and/or
the number of speakers for each agenda item.
Agendized Matters and Consent Calendar. Speakers on agenda items, including, but not
limited to, Consent Calendar items, shall limit their comments to the time allotted for public
comment and shall step down from the lectern immediately after their time has elapsed unless
the Presiding Officer has granted the speaker's request for additional time. As appropriate, the
Presiding Officer may grant the speaker additional time. Speakers shall limit their comments
to matters relevant to the item on the agenda.
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2. Non-agendized Matters. The agenda shall contain a public comment section during which any
member of the public may address the Council on any non -agenda item generally considered
to be a municipal affair and within the subject matter jurisdiction of the Council. Public
comments shall not be used for electioneering —including advocating for or against any
candidate or ballot measure —or for advertising, promoting, or soliciting on behalf of any
commercial business. To ensure that all members of the public have an opportunity to address
the Council during public comments, each speaker shall be limited to the time allotted for
public comment and shall immediately step down from the lectern upon expiration of the
allotted time unless the Presiding Officer has granted the speaker's request for additional time.
Staff and/or members of the City Council may briefly respond to each speaker who testifies
during public comments. Responses shall be limited to the specific issue(s) raised by the
speaker and shall generally be limited to information helpful to the public's understanding of
the issue(s) raised by the speaker. The City Council shall not act relative to any public
comment unless an action is authorized by Section 54954.2(b) of the Government Code, or
any successor statute.
3. Consent Calendar. A Consent Calendar item may be pulled by any member of the City
Council. If a Consent Calendar item is pulled, members of the public may speak on each pulled
item for up to the amount of time allotted for public comment, unless the Presiding Officer
has granted the speaker's request for additional time.
Officers
A. Presiding Officer. The Mayor shall be the Presiding Officer at all meetings of the City Council. In the
absence of the Mayor, or at the Mayor's request, the Mayor Pro Tem shall preside. In the absence of
the Mayor and Mayor Pro Tem, the most senior member of the City Council present shall be the
Presiding Officer.
1. Powers and Duties of Presiding Officer.
a. Participation. The Presiding Officer may make a motion, debate, and vote on all
agenda items.
b. Question to be Stated. Prior to any vote, other than to move City staff s
recommendation, the Presiding Officer, or at the Presiding Officer's request, the City
Clerk shall state (or announce) the motion.
Signing of Documents. The Presiding Officer shall sign all ordinances, resolutions,
contracts, and other documents necessitating his/her signature which were adopted in
his/her presence, unless he/she is unavailable, in which case the signature of an
alternate Presiding Officer may be used.
d. Sworn Testimony. The Presiding Officer may require any person addressing the City
Council to be sworn as a witness and to testify under oath, and the Presiding Officer
shall so require a witness to be sworn if directed to do so by a majority vote of the
Council.
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B. Parliamentarian. The City Attorney shall be designated as Parliamentarian for the City Council
proceedings to advise the Presiding Officer. Within the limitations imposed by the Rules, the
Presiding Officer has the authority to determine proper parliamentary procedure.
Conduct of City Council Business
A. Rules for Discussion/Debate.
Getting the Floor. Every Council Member desiring to speak shall first address the Presiding
Officer and gain recognition by the Presiding Officer.
2. Opening Discussion/Debate. The following three steps are necessary prior to opening
discussion/debate on any subject, except as noted.
a. Motion. The Presiding Officer may open a matter for discussion or debate prior to the
making of any motion.
b. Motions - Second Required. Except for the nomination of a Council Member to serve
as Mayor or Mayor Pro Tem, a motion by any member of the Council, including the
Presiding Officer, shall require a second. Such action does not mean that the seconder
endorses the motion, but only that he/she wishes to have the motion considered.
Exceptions:
i. Oral Presentations. Oral presentations may be made by City staff, or someone
designated by staff, prior to a motion being made, discussed, or debated upon.
ii. Questions to Staff. At any time during the proceedings, every Council Member
desiring to question City staff shall, after recognition by the Presiding Officer,
address the questions to the City Manager, the City Clerk, or the City Attorney,
who shall be entitled either to answer the inquiry himself/herself or to designate
a member of his/her staff for that purpose.
iii. Public Hearings. For matters that are the subject of a public hearing, the
procedures for opening debate are suspended until after the public hearing is
closed.
Addressing the Council
a. Manner of Addressing Council. Each person desiring to address the Council shall step
up to the microphone, may state his/her name and address for the record, state the
subject he/she wishes to discuss, may state whom he/she is representing if he/she
represents an organization or other persons and, unless further time is granted by the
Mayor, shall limit his/her remarks to the time allotted for public comment. All remarks
shall be addressed to the Council as a whole and not to any member thereof or to the
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audience. No question shall be asked of a Council Member or a member of the City
staff without the permission of the Presiding Officer.
b. Exception: The City Council may preside over administrative hearings or
designate a hearing officer to take evidence and submit proposed findings and
recommendations. In the event the City Council conducts any hearing that is quasi-
judicial or administrative in nature, the following procedure shall be followed:
i. The Presiding Officer may ask the City Manager to summarize the nature of
the hearing and the issues to be resolved by the City Council.
ii. The Presiding Officer shall invite the person or entity that filed the application
for permit, license, or other entitlement (applicant) to make a presentation. The
applicant shall have a reasonable amount of time, as determined by the
Presiding Officer, to present evidence or testimony relevant to any issue before
the City Council. The City Council, City Manager, or City Attorney may ask
questions of the applicant, or any witness presented by the applicant.
iii. In the event the matter is pending before the City Council by virtue of an
appeal, the Presiding Officer shall then invite the appellant to make a
presentation. The appellant shall have a reasonable amount of time, as
determined by the Presiding Officer, to present evidence or testimony relevant
to any issue before the City Council. The City Council, City Manager, or City
Attorney may ask questions of the appellant, or any witness presented by the
appellant.
iv. Upon conclusion of the presentations by the applicant and the appellant, if any,
the Presiding Officer shall invite testimony from members of the audience.
V. Prior to closing the hearing, the Presiding Officer shall give the applicant and
the appellant, if any, the opportunity to comment on the evidence with the right
to comment limited to no more than five (5) minutes. In the case of an appeal,
the applicant's opportunity to comment on the evidence shall precede that of
the appellant.
vi. The Presiding Officer shall have the right to exclude testimony or evidence
which is not relevant to any issue before the City Council.
4. After Motion. After a motion has been made or a public hearing has been closed, no member
of the public shall address the City Council without first securing permission to do so by a
majority vote of the City Council or Presiding Officer.
Interruptions. A Council Member, once recognized, shall not be interrupted when speaking
unless called to order by the Presiding Officer, unless a point of order or personal privilege is
raised by another Council Member, or unless the speaker chooses to yield to a question by
another Council Member. If a Council Member, while speaking, is called to order, he/she shall
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cease speaking until the question of order is determined and, if determined to be in order, he/
she may proceed. Members of the City staff, after recognition by the Presiding Officer, shall
hold the floor until completion of their remarks or until recognition is withdrawn by the
Presiding Officer.
6. Points of Order. The Presiding Officer shall determine all points of order subject to the right
of any Council Member to appeal to the Council. If an appeal is taken, the question shall be
"Shall the decision of the Presiding Officer be sustained?" A majority vote shall conclusively
determine such question of order.
7. Point of Personal Privilege. The right of a Council Member to address the Council on a
question of personal privilege shall be limited to cases in which the integrity, character or
motives are questioned or where the welfare of the City Council is concerned. A Council
Member raising a point of personal privilege may interrupt another Council Member who has
the floor only if the Presiding Officer recognizes the privilege.
8. Protest Against Council Action. Any Council Member shall have the right to have the reasons
for his or her dissent from, or his or her protest against, any action of the Council entered in
the minutes. Such dissent or protest to be entered into the minutes may be made in the
following manner: "I would like the minutes to show that I am opposed to this action for the
following reasons...."
9. Remarks of Council Member and Synopsis of Debate. A Council Member may request
through the Presiding Officer the privilege of having an abstract of his or her statement on any
subject under consideration by the Council entered in the minutes. If the Council consents
thereto, such statement shall be entered in the minutes.
B. Rules of Decorum.
1. Council Members. While the City Council is in session, the members must preserve order and
decorum. Each Council Member shall conduct himself/herself with decorum and shall neither,
by conversation or otherwise, delay nor interrupt the proceedings or the peace of the City
Council, nor disturb any member while speaking or refuse to obey the orders of the Presiding
Officer.
a. Each Council Member has the duty to:
i. Respect and adhere to the American ideals of government, rule of law,
principles of public administration, and high ethical conduct in the
performance of public duties.
ii. Represent and work for the common good of the City and not for any private
interest.
iii. Refuse to accept gifts of favors or promises of future benefits which might
compromise or tend to impair independent judgment or action.
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iv. Provide fair and equal treatment for all persons and matters coming before the
City Council.
V. Learn and study the background and purpose of important items of business
before voting.
vi. Faithfully perform all duties of office.
vii. Refrain from disclosing any information received during any closed session of
the City Council held pursuant to state law.
viii. Decline any employment incompatible with public duty.
ix. Refrain from abusive conduct, personal charges or verbal attacks upon the
character, motives, ethics, or morals of other members of the City Council, City
commission, committee or board, City staff, or the public, or other personal
comments not germane to the issues before the City Council. Members are to
be tolerant of all views expressed at public meetings.
X. Listen courteously and attentively to all public discussions at City Council
meetings and avoid interrupting other speakers, including other members
except as permitted by established Rules of Order.
xi. Maintain the highest standards of public conduct by refusing to condone
breaches of public trust or improper attempts to influence legislation.
2. Decorum of Speakers and Members of the Audience. The Presiding Officer is responsible for
maintaining decorum during public meetings. Speakers shall direct all comments to the City
Council and not the audience. No person, whether they are present at a City Council meeting
or participating in a meeting via a two-way telephonic service or a two-way audiovisual
platform, shall engage in any willful conduct that actually disrupts, disturbs, impedes, or
renders infeasible the orderly conduct of the meeting including, but not limited to,
noncompliance with established rules of decorum, such as clapping or making sounds that
disrupt the proceeding, exceeding the speaker's time limit, or speaking out of turn. Any
person(s) engaging in such conduct shall be called to order by the Presiding Officer and, if the
conduct continues, the person(s) may be removed from the meeting. Prior to removing the
person(s), the Presiding Officer shall warn the person(s) that their behavior is disrupting the
meeting and that their failure to cease their behavior may result in their removal. The Presiding
Officer may then direct the Seargent-at-Arms to remove the person(s) if they do not promptly
cease their disruptive behavior.
For meetings conducted via teleconference or video conference: the Presiding Officer may
mute, disconnect, or remove a participant who is disruptive after issuing a warning.
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No person shall be declared out of order, prevented from speaking or barred from attending
any meeting because of any disagreement with the speaker's position or view on any matter,
because of the speaker's identity, or because of any disagreement with the content of relevant
testimony.
3. Persons Authorized to Approach the City Council Dais. No person except members of the
City Council and City staff shall enter the area between the public speakers' podiums and the
City Council dais without the consent of the Presiding Officer.
4. Enforcement of Decorum. The Chief of Police, or such member or members of the Police
Department as he/she may designate, shall be Sergeant -at -Arms of the City Council and shall
carry out all orders given by the Presiding Officer for the purpose of maintaining order and
decorum at the Council meetings. Any Council Member may move to require the Presiding
Officer to enforce the rules upon affirmative vote of a majority of the City Council.
Teleconference Disruption Policy
A teleconference disruption occurs when a technological failure prevents real-time, two-way participation by
the public or members of the legislative body, including but not limited to: the loss of internet connectivity;
audio or video failure; platform outages (e.g., Zoom, Teams, telephonic service); and the inability of the
public to provide live comment.
If a temporary disruption occurs: the Presiding Officer shall announce the disruption on the record; the
meeting shall be recessed; City staff will make a good faith effort to restore service (for up to an hour); and
no deliberation or voting shall occur during the disruption. If service is restored, the Presiding Office shall
reconvene the meeting and summarize the interruption for the record. If service is not restored, the City
Council shall vote, by roll call, as to whether good faith efforts were made and the public interest in continuing
the meeting outweighs remote access.
Ex Parte Communications
Members of the City Council shall disclose ex parte communications, if any, prior to the consideration of
quasi-judicial items and any other items where the law requires disclosure (collectively ("quasi-judicial
matter").
Members of the City Council shall not engage in any ex parte communication with any member of a board,
commission, or committee regarding any quasi-judicial matter pending, or reasonably expected to come,
before that member's board, commission, or committee.
For purposes of this policy, the term ex parte communication shall mean any oral or written communication
directed to a member which is intended, or is reasonably calculated, to influence the member's decision on
any quasi-judicial matter but does not include communications between members during deliberations prior
to a decision or communications where all interested parties or their representatives are present. The term
quasi-judicial matter shall mean the appeal of any discipline imposed on any City employee, the appeal of
any grievance filed by a City employee or employee association, or a proceeding to revoke any license,
permit, or approval granted by the City Council, any board, commission, or committee, or any City employee
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and which is pending, or is reasonably expected to come, before the City Council or any City board,
commission, or committee.
The provisions of this policy do not apply to ex parte communications between City employees and any
member of the City Council or a board, commission, or committee regarding a quasi-judicial matter which
has been submitted to, or can reasonably be expected to be heard by, the City Council, board, commission,
or committee that is considered legal advice or when the ex parte communication is initiated by the member
and requests only background information available to members of the general public.
City Council Voting Procedures
A. Voting Procedure. Any vote of the City Council, including a roll call vote, may be registered by the
members raising their hands or by answering "Yes" for an affirmative vote, "Abstain" for an
abstention, or "No" for a negative vote upon the member's name being called by the City Clerk, or by
the Presiding Officer. Following the vote, the City Clerk shall audibly announce the results of the vote
by name indicating whether the question carried or was defeated. The same shall be recorded in the
minutes as the vote. The Presiding Officer in his/her discretion may publicly explain the effect of a
vote for the audience, or he/she may direct a member of the City staff to do so, before proceeding
with the next item of business.
B. Substitute Motions and Amendments to Motions. A Council Member may move to substitute a new
motion for the original motion; however, an amendment to a motion is preferred for minor changes
rather than a substitute motion. Only one substitute motion shall be made to replace the original
motion, and the City Council shall vote on the substitute motion first. If the substitute motion passes,
the original motion is replaced. If the substitute motion fails, the original motion is considered. If both
the original and substitute motion fail, a Council Member may make a new motion for consideration
by the City Council.
C. Disqualification for Conflict of Interest. Any Council Member who is disqualified from voting on a
particular matter because of a Political Reform Act, Levine Act, or other conflict of interest, shall
publicly state the nature of such disqualification in an open meeting. Except for Consent Calendar
items, a Council Member who is disqualified by reason of a conflict of interest on any matter shall
not remain in his or her seat during the debate and vote on such matter but shall request and be given
the permission of the Presiding Officer to step down from the City Council dais. If the conflict
involves a matter on the Consent Calendar the Council Member must announce the nature of the
conflict, refrain from participating on the item, but may remain present at the City Council dais. A
Council Member stating such disqualification shall not be counted as a part of a quorum and shall be
considered absent for the purpose of determining the outcome of any vote on such matter.
D. Failure to Vote. Every Council Member should vote unless they are disqualified from voting. The
vote of Council Member who abstains, absent a disqualifying conflict of interest, shall be counted
with the majority vote of the quorum on the question voted upon.
E. Tie Vote. Tie votes shall be considered a lost motion and may be reconsidered by the City Council.
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F. Changing ote. A Council Member may change his/her vote only if the Council Member makes a
timely request to do so immediately following the announcement of the vote by the City Clerk and
prior to the time that the next item of business is taken up.
G. Reconsideration. A motion to reconsider any action taken by the City Council at either the current
meeting or the previous meeting may only be made by a Council Member who voted on the prevailing
side. A motion for reconsideration requires a second, which may be made by any Council Member,
regardless of how they originally voted.
Closed Session Agenda
The closed session agenda shall be prepared by the City Attorney, and the City Attorney may place an item
on the agenda at the City Attorney's discretion. Any member of the City Council may place an item on the
Closed Session Agenda for consideration by submitting a title or topic sufficient to satisfy the requirements
of the Brown Act to the City Attorney on or before 5:00 p.m. on the Wednesday preceding the meeting at
which the item is to be considered. The closed session agenda shall strictly conform to the format specified
in the Brown Act. The City Attorney shall prepare a written report, or give an oral report, of any action taken
in Closed Session that is required to be reported in open session by the Brown Act.
Selection of Mayor and Mayor Pro Tem
Section 404 of the City Charter provides for the selection of the Mayor and the Mayor Pro Tem by the City
Council. This section provides that a Mayor and a Mayor Pro Tem shall be selected at least as often as Council
elections are held and that the Mayor and Mayor Pro Tem shall serve at the pleasure of the City Council. It
is the policy of the City Council that the Mayor and the Mayor Pro Tem election shall occur every year at the
December meeting.
Seating Arrangement for City Council
Each year, following the selection of the Mayor, members of the City Council shall be seated at the City
Council table with senior Council Members having first choice of seats. The Mayor, however, shall be seated
in the center of the City Council table and the Mayor Pro Tem shall always be seated immediately next to
and to the right of the Mayor. In the event of equal seniority among members of the City Council, selection
of City Council seats shall be made by the Council Member who received the highest margin of victory
percentage in the most recent election.
City Council Correspondence
The City Clerk is authorized to open and examine all mail or other written communications addressed to the
City Council and to immediately give a copy to the City Manager. The City Manager shall give immediate
attention to administrative business referred to in the communication that does not require City Council action
and may be promptly concluded or shall prepare a staff report for the next available City Council meeting.
Except as otherwise permitted by law, all mail or written communications from the public, residents, or
applicants shall be submitted to the City Council by 5:00 p.m. on the Monday immediately prior to the
meeting at which the City Council will consider the item that is the subject of the mail or written
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communications to allow time for the City Council to adequately consider the mail or written
communications.
Ordinances, Resolutions and Contracts
A. Ordinances, Resolutions and Contracts. All ordinances, resolutions, and contracts shall be prepared
by the City Attorney. No ordinance shall be prepared for presentation to the Council unless ordered
by a majority vote of the Council, or requested by the Mayor, or City Manager, or prepared by the
City Attorney on his/her own initiative.
B. Prior Review by Administration Staff. All ordinances, resolutions, and contract documents shall,
before presentation to the City Council, be reviewed by the City Manager or his/her designee.
C. Reading of Adopted Ordinances. If a motion to waive reading of all ordinances has been adopted at
the beginning of the Council meeting, the City Clerk will read the adopted ordinances by title only.
Preparation and Reading of Minutes
The City Clerk shall have exclusive responsibility for preparation of the minutes, and any directions for
changes in the minutes shall be made only by majority action of the City Council. Unless the reading of the
minutes of a City Council meeting is ordered by a majority vote of the City Council, such minutes may be
approved without reading if the minutes were previously made available to the City Council and the public.
Recording of Open Meetings
A. All regular meetings of the City Council shall be recorded.
B. Any person attending an open and public meeting of the City Council shall have the right to record
the proceedings with an audio or video tape recorder or a still or motion picture camera unless the
City Council determines, based upon evidence in findings made by the Mayor, that continued
recording would create noise, illumination, or view obstruction problems that are disrupting or would
disrupt the proceedings. The Mayor may impose conditions on any recordation, which in the absence
of the conditions, would disrupt the proceedings.
C. Any audio tape or video record of any open and public meeting made by or at the direction of the City
Council shall be subject to inspection pursuant to the California Public Records Act (Sections 6250
et seq. of the Government Code). If a City Council meeting has simultaneously recorded audio and
video, the audio recording may be destroyed after the City Council meeting minutes for that meeting
have been approved by the City Council and the video recording has been uploaded to the document
imaging system. Any person may inspect a video or audio recording without charge on a recorder
made available by the City of Newport Beach.
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Expressions of Official City Position or Policy
Council Members are authorized to convey information to the public as provided for by Council policy; by
law; that is factual in nature, (e.g., about City programs, projects, and other City business); as well as official
positions and policies of the City that have been approved by the City Council as a body. If a member of the
City Council desires that a particular official City position or policy be established or expressed on a given
issue, not previously approved by the City Council, the Council Member shall submit their recommendations
on said position or policy to the entire City Council as provided in this policy, for evaluation and disposition
as the City Council sees fit.
Except as provided in this policy, any Council Member who wishes to communicate a statement or opinion
regarding any matter which the City Council has not taken an official position on shall ensure that said
statement or opinion cannot be construed by the public as being an official position or policy of the City.
When communicating such opinion or statement, a Council Member shall not use City equipment, City email
addresses, or City stationery. Additionally, such communications shall make it clear that the Council Member
is expressing their own personal opinion. The City Council finds this policy furthers an important public
purpose by ensuring the public does not confuse personal opinions expressed by Council Members with
official expressions of City policy.
Use of City Stationery and Email
Members of the City Council are authorized to use City stationery and email when corresponding on matters
relating to official City business. Correspondence shall identify the author of the correspondence and email.
Use of City stationery or email for private personal matters or statements of personal opinion is not permitted.
The style and content of City stationery utilized by individual City departments shall be approved by the City
Manager to minimize the number of styles and promote use of a City-wide standard.
Private Digital Communications
Digital communication(s) by a Council Member on a Digital Communication Platform, as that term is defined
in Council Policy D-5, that is owned or controlled by a Council Member or a third -party (i.e., someone other
than the City) and which discusses matters within the subject matter jurisdiction of the City Council, shall be
deemed to be made in their personal capacity. Digital communications by a Council Member through a
Digital Communication Platform owned or controlled by the Council Member or a third -party that discusses
City matters shall make it clear that the Council Member is not speaking on behalf of the City (i.e., "views
expressed are my own"). All social media platforms owned or controlled by the Council Member that
discusses City matters shall contain a notice that they are the personal page of the Council Member.
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History
Adopted A-1—
2-09-1959 ("Seconds to Motions")
Adopted A-3 —
2-09-1959 ("Seating of Councilmen")
Adopted A-6 —
11-13-1967 ("Recording of Meetings")
Amended A-1 and A-3 — 11-12-1968
Reaffirmed A-1,
A-3, and A-6 — 3-9-1970
Reaffirmed A-1,
A-3, and A-6 — 2-14-1972
Adopted G-3 —
5-8-1972 ("City Council Instructions to Staff')
Adopted A-10 —
8-21-1972 ("Procedural Rules for Council Meetings", and incorporating A-1 and A-3)
Amended A-10
— 11-24-1975
Amended A-6 —
6-13-1977
Amended A-6 —
10-25-1977
Amended A-10
— 11-28-1977
Amended A-10
— 7-24-1978
Amended A-10
— 9-11-1978
Amended A-10
— 11-27-1978
Adopted A-13 —
2-12-1979 ("Use of City Stationery by Councilmen")
Amended A-10
— 10-23-1979
Amended A-10
— 11-12-1979
Amended A-10
— 7-28-1980
Amended A-6 & A-10 — 2-9-1981
Deleted A-3 — 2-9-1981
Amended A-1 —
10-25-1982
Amended A-10
— 6-25-1984
Amended A-10
— 10-22-1984
Adopted A-1 —
11-20-1984 ("Election of Mayor and Mayor Pro Tem")
Amended A-10
— 6-24-1985
Amended A-10
— 3-24-1986
Amended A-10
— 1-12-1987
Amended A-10
— 5-26-1987
Amended A-10
— 11-28-1988
Amended A-10
— 11-27-1989
Amended A-13
— 1-8-1990
Amended A-10
— 8-13-1990
Amended A-10
— 10-22-1990
Amended A-10
— 6-28-1993
Adopted A-11 —
1-24-1994 ("Recording of Council Meetings")
Amended A-6 —
1-24-1994 (renamed to "Open Meetings")
Amended A-1 —
1-24-1994
Amended A-13
— 1-24-1994 (changed to A-8)
Amended A-6 and A-10 — 3-28-1994
Amended A-6 —
6-27-1994
Amended A-6 —
12-12-1994
Amended A -I I
— 2-27-1995
Amended A-10
—10-09-1995
14
M
Corrected A-1 & A-8 — 2-26-1996
Amended A-10
— 2-26-1996
Amended A-6 —
2-26-1996
Adopted A-13 —
5-28-1996 ("Decorum and Order for City Commissions, Committees and Boards")
Amended A-6—12-9-1996
Amended A-1 —
2-24-1997
Adopted A-15 —
11-10-1997 ("Ex Parte Communication")
Amended A-6 —
5-26-1998
Adopted A-16 —
6-22-1998 ("Conflict of Interest Procedures")
Amended A-6 —
3-14-2000
Amended A-6 —
2-27-2001
Amended A-6 —
3-27-2001
Amended A-6 and A-10 — 8-28-2001
Amended A-6 —
1-27-2004
Amended A-6 —
3-09-2004
Amended A-6 —
3-28-2006
Amended A-6 —
2-26-2008
Amended A-6 —
10-27-2009
Amended A-6 —
12-6-2010
Amended A-6 & A-10 — 2-22-2011
Amended A-6 —
11-27-2012
Amended A-6 and A-10 — 1-8-2013
Amended A-6 —
5-14-2013
Adopted A-3 —
5-14-2013 ("Request for Research or Information")
Amended A-11
— 5-13-2014
Amended A-6 —
6-9-2015
Adopted A-20 —
7-14-2015 ("Expression of Official City Position")
Amended A -I I
— 4-12-2016
Amended A-13
— 1-24-2017
Amended A-1
— 8-8-2017 (incorporating A-3, A-6, A-8, A-10, A-11, A-13, A-15, A-16, and A-20, and
renaming to
"City Council")
Amended A- I —
1-22-2019
Amended A-1 —
7-14-2020
Amended A-1 —
4-27-2021
Amended A-1 —
2-14-2023
Amended A-1 —
5-14-2024
Amended A-1 —
2-24-2026
15