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City Manager Office <br />www.santa-ana.org/cm <br />Item # 12 <br />City of Santa Ana <br />20 Civic Center Plaza, Santa Ana, CA 92701 <br /> Staff Report <br />March 15, 2022 <br />TOPIC: Ordinance Concerning City Council Voting, Recusal for Conflicts, and Prohibiting <br />Abstentions <br />AGENDA TITLE: <br />Adopt Ordinance No. NS-XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE <br />CITY OF SANTA ANA AMENDING SECTION 2-105 OF THE SANTA ANA MUNICIPAL <br />CODE TO PROHIBIT ABSTENTIONS UNLESS LEGALLY REQUIRED, TO REQUIRE <br />UNAUTHORIZED ABSTENTIONS TO BE COUNTED AND RECORDED AS A VOTE <br />WITH THE MAJORITY, AND TO DESCRIBE THE CONFLICT DISQUALIFICATION <br />PROCESS <br />RECOMMENDED ACTION <br />Place ordinance on second reading and adopt. <br />DISCUSSION <br />At the March 1, 2022 meeting, the City Council approved the first reading of an ordinance <br />concerning City Council voting, recusal for conflicts, and abstentions. Specifically, the <br />ordinance accomplishes the following: <br />• Requires declaration of the result of votes taken. <br />• References, per the City Charter, that any agenda item requiring a vote shall be <br />passed, adopted, or become effective unless it receives the affirmative vote of a <br />majority of the full membership of the City Council. <br />• Provides that no member of the City Council shall be permitted to recuse <br />themselves from voting on an item on the City Council meeting agenda unless: <br />– (1) the councilmember is legally disqualified from voting due to a conflict of <br />interest or other legal reason (such as common law conflict of interest or <br />bias) <br />– (2) the councilmember is awaiting advice from the Fair Political Practices <br />Commission or the results of a pending investigation by the Fair Political <br />Practices Commission <br />– (3) from the dais the possibility of a conflict arising from a source identified <br />at the meeting, and, based on advice from the City Attorney, recuses <br />themself out of an abundance of caution.