Agenda Packet_2022-03-15 - Laserfiche WebLink

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Sec. 2-105. - Voting by Members - Disqualifications and Abstentions. It is the policy of the Santa Ana City Council that all members present at a City Council meeting fully participate in the discussion of a matter and shall vote for or against an ordinance, resolution, motion, or any other item requiring a vote, unless disqualified by conflict of interest or other legal reason as provided in this section. (a) If the vote is a voice vote, the Mayor or Clerk of the Council shall declare the result and note for the record all yes votes and all no votes. The Council may also vote by roll call or electronic means visible to the public. Regardless of the manner of voting, the results reflecting all yes and no votes, and the members of the Council who cast them, shall be clearly set forth for the record. In accordance with Section 410 of the Santa Ana City Charter, except as otherwise provided elsewhere in the charter or by law, no ordinance, resolution or motion shall be passed, adopted, or become effective unless it receives the affirmative vote of a majority of the full membership of the City Council. (b) No member of the Council shall be permitted to recuse himself or herself from voting on any item on the City Council agenda requiring a vote unless: (1) The councilmember is legally disqualified from voting due to a conflict of interest (including a disqualification under the Political Reform Act or Government Code Section 1090 et seq.) or other legal reason (such as common law conflict of interest or bias); or (2) The councilmember is awaiting advice from the Fair Political Practices Commission or the results of a pending investigation by the Fair Political Practices Commission; or (3) The councilmember states that e of she is awaiting fU er iRf�atiOF rifiGa}ien and will reGUco themself from the dais the possibility of a conflict arising from a source identified at the meeting, and, based on advice from the City Attorney, recuses themself out of an abundance of caution. (c) If a councilmember is disqualified from voting due to a conflict, the member shall not participate in the consideration of the matter, shall not be counted for the purpose of the quorum, and shall leave the dais during the consideration of the matter; provided, however, that if the matter is being considered on the consent calendar and has not been removed from the consent calendar, the councilmember may remain on the dais and disclose the reason for disqualification. A disqualified councilmember may speak on the matter as a private citizen, but only to the extent allowed by the Section 18702.5 of the Regulations of the Fair Political Practices Commission, or its successor sections. (d) If a councilmember abstains on a vote in violation of this rule, the abstention shall be considered concurrence in the item being voted upon, and the City Clerk shall record that councilmember's abstention as a "yes" vote. Ordinance No. NS-XXX City Council 12 — 4 3/15/k,29Y of 4