Item 26 - City Council Voting, Recusal for Conflicts, and Prohibiting Abstentions

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Voting, Recusal, and Abstentions City Manager’s Office March 1, 2022 Slide 6 Requires declaration of the result of votes taken. References, per the City Charter, that any agenda item requiring a vote shall be passed, adopted, or become effective unless it receives the affirmative vote of a majority of the full membership of the City Council. Provides that no member of the City Council shall be permitted to recuse themselves from voting on an item on the City Council meeting agenda unless: 1) the councilmember is legally disqualified from voting due to a conflict of interest or other legal reason (such as common law conflict of interest or bias) 2) the councilmember is awaiting advice from the Fair Political Practices Commission (FPPC) 3) the councilmember states that they are awaiting further information or clarification and will recuse themselves out of an abundance of caution. Prohibits participation in a vote if one has a conflict and provides that those with a conflict 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 Consent Calendar, the councilmember may remain on the dais and disclose the reason. Clarifies, consistent with state law, that a disqualified councilmember may speak on the matter as a private citizen. Provides that if a councilmember abstains on a vote in violation of the prohibition, the abstention shall be considered concurrence in the motion and the Clerk shall record the councilmember’s abstention as a “ yes” vote. States that a tie vote means no action has been taken and the item under consideration will not be placed upon a future agenda, unless by a majority vote of the City or based on new information or changes in circumstances, in which the City Manager places the item on a future agenda.