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