HomeMy WebLinkAboutPresentation - #26Voting, Recusal, and Abstentions
City Manager’s Office
March 1, 2022
Slide 1
City Council Policy on Voting,
Recusal for Conflicts, and
Prohibiting Abstentions
Voting, Recusal, and Abstentions
City Manager’s Office
March 1, 2022
Slide 2
Background
Voting, Recusal, and Abstentions
City Manager’s Office
March 1, 2022
Slide 3
Timeline
•May 5, 2020: at the request of Mayor Pro Tem
Bacerra and Councilmember Penaloza, the City
Council discussed and considered directing the City
Manager to direct staff to prepare a policy
regarding abstentions on votes on items on City
Council meeting agendas.
•The City Council directed staff to research state law
and current existing policy on City Council
participation, and to bring back a policy to a future
meeting for the City Council's consideration.
Voting, Recusal, and Abstentions
City Manager’s Office
March 1, 2022
Slide 4
Existing Policy
•Section 2-105 of the Municipal Code provides as
follows:
–No member of the council shall abstain from any vote unless
disqualified, and no disqualified member shall vote. Any
disqualified member shall openly state to the presiding officer the
fact and nature of such disqualification and shall not be subject
to further inquiry. Where no clearly disqualifying conflict of
interest appears, the matter of disqualification may, at the
request of the member affected, be decided by the other
members of the council. A member disqualified by conflict of
interest shall request and be granted permission by the presiding
officer to absent himself from the room where the council is
meeting during debate and vote on the matter. Any member
having a remote interest in any matter shall divulge the same to
the council before voting.
Voting, Recusal, and Abstentions
City Manager’s Office
March 1, 2022
Slide 5
Proposed Ordinance
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.
Voting, Recusal, and Abstentions
City Manager’s Office
March 1, 2022
Slide 7
Questions?