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2002-161RESOLUTION NO. 2002R- 161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE DEFERRED COMPENSATION COMMITTEE RULES OF PRACTICE AND PROCEDURE. WHEREAS, the City Treasurer has recommended in a staff report dated July 23, 2002, that a Resolution be established in the manner herein set forth, effective July 23, 2002; and WHEREAS, the Deferred Compensation Committee has amended the operational guidelines that govern their actions; and WHEREAS, the City Council of the City of Anaheim does find that the aforementioned Rules of Practice and Procedure are in the best interest of the Deferred Compensation Committee and the City of Anaheim; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the City of Anaheim Deferred Compensation Committee Rules of Practice and Procedure be adopted as amended. A copy of the amended Rules are attached as Exhibit "A". BE IT FURTHER RESOLVED by the City Council of the City of Anaheim that the effective date of the amended Rules shall be July 23, 2002. BE IT FURTHER RESOLVED that, except as amended herein, the Rules of Practice and Procedure shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 23rd day of July 23, 2002. MAYOR OF ATTEST: rCITY CL~ 0'~ THE CITY OF ANAHEIM APPROVED AS TO FORM: DEPUT'~ C~T~/1RN-EY 45506 ] H:\DEFCOMP\Resolutio~dc reso committee rules. DOC EXHIBIT A CITY OF ANAHEIM DEFERRED COMPENSATION COMMITTEE RULES OF PRACTICE AND PROCEDURE MEETINGS A. Regular and Special Meetings. The regular and special meetings of the City of Anaheim Deferred Compensation Committee (hereinafter "Committee") shall be held in the place and at the times as established from time to time by duly adopted motion of the Committee. Procedures for the calling of such meetings and the adjournment thereof shall be as specified in Chapter 9 of Division 2 of Title 5 (commencing with Section 54950 of the Government Code of the State of California, or any successor provision thereto. B. Emergency Meetinqs. Emergency meetings may be held by the Committee in the time, place and manner and for the purposes specified in Section 54956.5 of the Government Code of the State of California, or any successor provision thereto. C. Notices and Meeting Agendas. The Accounting Technician for the City Treasurer or her designee shall be the Secretary of the Committee and shall post any public notices, agendas, and other matters required to be publicly posted pursuant to any applicable provision of law including but not limited to agendas for regular meetings and other matters required to be posted pursuant to Sections 54954.2(a), 54954.5, 54956, and 54956.5 of the Government Code of the State of California, or any successor provisions thereto. D. Cancellation. Any meeting of the Committee may be canceled in advance by a majority vote of the Committee. E. Quorum. Three or more members of the Committee shall constitute a quorum for the purpose of conducting business. F. Chairperson. The chairperson shall be the City Treasurer and he/she shall preside over all Committee meetings. A vice-chairperson shall be elected annually in July by the Committee and shall serve as presiding officer in the absence of the chairperson. G. Attendance and Participation By the Public. Ail meetings of the Committee shall be open and public. Ail persons desiring to attend shall be permitted to attend any meeting. Every agenda for regular meetings of the Committee shall provide an opportunity for members of the public to directly address the Committee on items of interest to the public that are within the subject matter jurisdiction of the Committee. Every agenda for a special meeting of the Committee shall provide an opportunity for members of the public to directly address the Committee on items which are the subject of the special meeting. Members of the public shall not be allowed to speak during deliberations by the Committee. Unless otherwise waived by the Committee, the total amount of time allocated for public testimony by each individual speaker shall not exceed five (5) minutes per meeting and shall be confined to the portion of the agenda reserved for public comments. H. Disruption of Meetinqs. The Committee may order the removal from the meeting room of any individual or individuals who willfully disrupt or attempt to disrupt any meeting. In the event any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of the meeting unfeasible and order cannot be restored by removal of the offending individual or individuals, the Committee may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered during such session. Representatives of the press, unless participants in the disturbance, shall be allowed to attend such session, and nothing shall prohibit the Committee from readmitting individuals not responsible for the disturbance. II. RULES OF ORDER Except as may be otherwise required or provided by law, business shall be brought before the Committee in accordance with the following rules of order. A. Obtaining the Floor. Any member of the Committee wishing to speak must first obtain the floor by being recognized by the chair. The chair must recognize any Committee member who seeks the floor when appropriately entitled to do so. B. Motions. Any member of the Committee, including the chairperson, may bring a matter of business before the Committee by making a motion for adoption. Before a motion can be considered or debated, it must be seconded. Once the motion has been properly made and seconded, the chair shall open the matter for debate offering the first opportunity to debate to the moving party and, thereafter, to any Committee member properly recognized by the chair. Once the matter has been fully debated and the chair calls for a vote, no further debate will be allowed, provided, however, Committee members shall be allowed to explain their vote. C. Nominations and Elections. Selection of the chairperson and vice-chairperson shall be by election of the Committee. Any Committee member may make a nomination. Nominations do not require a second. Nominations shall be closed by a motion adopted by majority vote. Nominations are voted on in order made. Unless a motion is adopted to elect by plurality, the person receiving the highest number of affirmative votes constituting at least a majority of those voting (excluding abstentions) is elected. D. Votinq. Voting shall be by voice vote. The chair shall declare the result and note for the record all "aye" votes and all "no" votes. The results reflecting all "ayes" and "noes" shall be clearly set for the record. Procedural motions can be adopted by the affirmative vote of members of the Committee constituting at least a majority of a quorum unless a higher number of affirmative votes is required by a specific provision hereof. A tie vote results in the failure of the motion. If a tie vote is the result of one or more Committee member's absence, the matter may be continued to a subsequent meeting for determination. Only those duly appointed Committee members present at the meeting are permitted to vote. Votes cast at previous meetings are not counted. Proxy voting is not permitted. E. Abstentions. Ail Committee members present at a meeting when a questions comes up for a vote should vote for or against the measure unless he/she has a reason to abstain from voting. A Committee member shall abstain from participation and voting if he/she has a legal conflict of interest. F. Matter Not on the Aqenda. No action shall be taken on any matter not appearing on the posted agenda unless by motion (1) a majority of the Committee members determine that any "emergency situation" exists as defined by state law, or (2) at least 2/3 of the total Committee members (or, if less than 2/3 of the total Committee members are present, the Committee members unanimously) determine that there is a need for immediate action and that the need to take action arose subsequent to the posting of the agenda. G. Procedural Rules of Order. Once the main question is properly placed on the floor, several subsidiary or privileged motions may be employed in addressing the main question. A motion is out of order while a higher ranking motion is on the floor. Motions are listed below in order of precedence. SUBSIDIARY MOTIONS Subsidiary motions take precedence over the main questions, and if properly made and seconded, must be disposed of before the main question can be acted upon. Even where the main question under consideration requires a super majority vote (e.g. 2/3) for adoption, a subsidiary motion, unless otherwise indicated herein, requires only a majority vote for adoption. The following motions are appropriate and may be made by the chairperson or any other Committee member at any appropriate time during the discussion of the main question. Motions are listed below in order of precedence. 1. Lay on the Table. Any Committee member may move to lay the matter under discussion on the table. This motion temporarily suspends any further discussion of the pending questions without setting a time certain to resume debate. It must be moved and seconded and passed by a majority vote. In order to bring the matter back before the Committee, a member must move that the matter be taken from the table, which motion must be seconded and passed by a majority vote. A motion to take from the table must be made at the same meeting at which it was placed on the table or at the next regular meeting of the Committee; otherwise the motion that was tabled dies, although it can be raised later as a new motion. This motion is not debatable. 2. Move Previous Question. Any Committee member may move to immediately bring the question being debated by the Committee to a vote, suspending any further debate. The motion must be made and seconded without interrupting one who already has the floor. A 2/3 vote is required for passage. This motion is not debatable. 3. Limit or Extend Limits of Debate. Any Committee member may move to put limits on the length of debate. The motion must be made and seconded and requires a 2/3 vote of the Committee to pass. This motion is not debatable. 4 4. Postpone to a Time Certain. Any Committee member may move to postpone the pending question to a time certain. This motion continues the pending main question to a future date as determined by the Committee at the time the motion is passed. The motion must be seconded and requires a majority vote for passage. This motion is debatable. 5. Commit or Refer. Any Committee member may move that the matter being discussed should be referred to a committee for further study. The motion must be seconded and requires a majority vote for passage. The motion may contain directions for the Committee as well as a date upon which the matter will be returned to the Committee's agenda. If no date is set for returning the item to the Committee's agenda, any Committee member may move, at any time, to require the item be returned to the agenda. The motion must be seconded and a majority vote is required for passage if the item is to come back at a future date certain, or a 2/3 vote if the item is to be immediately discussed by the Committee at the time the motion to return is adopted (see Paragraph II F above). This motion is debatable. 6. Amend. Any Committee member may amend the main question or any amendment made to the main question. Before the main question may be acted upon, all amendments and amendments to amendments must first be acted upon. Not more than two amendments are permitted to the main question. Amendments to amendments to amendments are not permitted. A motion to amend must be seconded and requires a majority vote for passage. An amendment must be related to the main question or amendment to which it is directed. Any amendment which substitutes a new question rather than amending the existing question is out of order and may be so declared by the chair. This motion is debatable. 7. Postpone Indefinitely. Any Committee member may move to postpone indefinitely the question on the floor, thus avoiding a direct vote on the pending question and suspending any further action on the matter. The question must be seconded and requires a majority vote for passage. This motion is debatable. MOTIONS OF PRIVILEGE, ORDER AND CONVENIENCE The following actions are to insure orderly conduct of meetings and are for the convenience of the Committee members. These motions take precedence over any pending main question or subsidiary motion and are listed in order of precedence. 5 1. Adjourn. Any Committee member may move to adjourn at any time, even if there is business pending. The motion must be seconded and a majority vote is required for passage. The motion is not debatable. 2. Recess. Any Committee member may move for a recess. The motion must be seconded and a majority vote is required for passage. The motion is not debatable. 3. Question of Privilege. Any Committee member, at any time during the meeting, may make a request of the chair to accommodate the needs of the Committee or his/her personal needs for such things as reducing noise, adjusting air conditioning, ventilation, lighting, etc. Disposition of the request is ruled on by the chair. 4. Call for Orders of the Day. Any Committee member may demand that the agenda be followed in the order stated therein. No second is required and the chair must comply unless the Committee, by 2/3 vote, sets aside the orders of the day. 5. Appeal. Should any Committee member be dissatisfied with a ruling from the chair, he/she may move to appeal the ruling to the full Committee. The motion must be seconded to put it before the Committee. A majority vote in the negative or a tie vote sustains the ruling of the chair. The motion is debatable and the chair may participate in the debate. 6. Division of Question. Any Committee member may move to divide the subject matter of a motion which is made up of several parts in order to vote separately on each part. The motion requires a second and a majority vote for passage. This motion may also be applied to complex ordinances for or resolutions. The motion is not debatable. 7. Point of Order. Any Committee member may require the chair to enforce the rules of the Committee by raising a point of order. The point of order shall be ruled upon by the chair. The motion is not debatable. 8. Suspend the Rules. Any Committee member may move to suspend the rules if necessary to accomplish a matter that would otherwise violate the rules. The motion requires a second and a 2/3 vote is required for passage. The motion is not debatable. 9. Rescind, Repeal or Annul. The Committee may rescind, repeal or annul any prior action taken with reference to any legislative or administrative matter so long as the action to rescind, repeal or annul complies with all the rules applicable to the initial adoption, including any special voting or notice requirements or unless otherwise specified by law. The motion is debatable. 10. Reconsider. The Committee may reconsider any vote taken at the same meeting, but no later than the same or next calendar day, to correct inadvertent or precipitant errors, or consider new information not available at the time of the vote. The motion to reconsider must be made by a Committee member who voted on the prevailing side, must be seconded and requires a majority vote for passage, regardless of the vote required to adopt the motion being reconsidered. If the motion to reconsider is successful, the matter to be reconsidered takes no special precedence over other pending matters and any special voting requirements related thereto still apply. Except pursuant to a motion to reconsider, once a matter has been determined and voted upon, the same matter cannot be brought up again at the same meeting. The motion is debatable. H. Authority of the Chair. Subject to appeal, the chair shall have the authority to prevent the misuse of the legitimate form of motions, or the abuse of privilege or renewing certain motions to obstruct the business of the Committee by ruling such motions out of order. In so ruling, the chair shall be courteous and fair and should presume that the moving party is making the motion in good faith. III . HEARINGS A. Notice. The Committee shall cause notice of hearing to be made as provided herein. The Committee shall give notice, not less than 10 nor more than 30 days before such hearing, to entities or persons who may be affected thereby, by publishing notice in a newspaper or newspapers of general circulation in the City of Anaheim, indicating the date, time and place of such hearing. Proof of publication and sample of the notice shall be filed at or before the hearing with the Secretary of the Committee. 7 B. Transcript. Ail proceedings before the Committee shall be recorded so that a full, complete and accurate transcript of the proceedings can be prepared. Copies of such transcript will be made available to the Committee. If a Party desires a copy of the transcript, such Party shall make a written request for a copy with the court reporter if the proceedings are recorded by a court reporter or, if not, with the Secretary of the Committee. The Committee will file a copy of the transcript with the City Clerk as soon as practicable under the circumstances. The cost of a transcript obtained from a reporter shall be pursuant to arrangements with the court reporter. A copy of the transcript may be obtained from the City Clerk at such cost as established by the City Clerk. C. Intervention. A petition to intervene and to become a party in a proceeding shall be in writing, shall set forth the grounds for the proposed intervention, the position and interest of the petitioner in the proceeding, and whether the petitioner's position is in support of or in opposition to the relief sought. Such a petition shall be served and filed by the petitioner at least five days before the proceeding is called for hearing, except for good cause shown. If permission to intervene is granted by the chairperson, the petitioner thereby becomes an intervenor and a party to the proceeding to the degree indicated in either the order allowing intervention or by the chairperson at the hearing. Permission to intervene shall not be granted to anyone other than an affected deferred compensation participant of the City, or an affected provider. An intervenor may file pleadings, present evidence and witnesses (whose testimony shall be given under oath), cross- examine witness of other parties, file briefs, and participate in the proceedings, all as indicated by the chairperson. D. Participation without Intervention. An appearance may be entered by a deferred compensation participant or provider of the City or his representative without filing a petition for intervention, if no affirmative relief is sought, if there is full disclosure of the persons or entities on whose behalf the appearance is entered, if the interest of such persons or entities in the proceedings and the position intended to be taken are fairly stated, and if the contentions will be reasonably pertinent to the issues already presented. A person or entity on whose behalf an appearance is entered in this manner may participate in the proceeding to the degree indicated by the chairperson. Such a person or entity may make a statement of position, which need not be under oath. E. Order of Procedure. the proceedings. The Committee shall open and close F. Number of Witnesses. To avoid cumulative evidence, the chairperson may limit the number of witnesses or the time for testimony on a particular issue. G. Authority of the Chairperson. The chairperson shall control the course of hearings, administer oaths, receive evidence, hold appropriate conferences before or during hearings, rule upon all objections or motions which do not involve final determination of proceedings, receive offers of proof, and hear arguments. She may take such other action as may be necessary and appropriate in discharge of her duties, consistent with these rules. H. Legal Advisor. The City Attorney or one of his assistants or deputies shall be the legal advisor to the Committee. I. Evidence. Although technical rules of evidence need not be applied in hearings before the Committee, substantial rights of the parties shall be preserved. After consultation with the Legal Advisor, the chairperson shall rule on the admissibility of evidence. a. When objections are made to the admission or exclusion of evidence, the ground upon shall be stated briefly. b. An offer of proof for the record shall consist of a statement of the substance of the evidence to which objection has been sustained. J. Prepared Testimony. With the approval of the chairperson, prepared testimony shall be identified and may be copied in to the record as the testimony of a witness. Before any prepared testimony is copied into the record, unless excused by the chairperson, the Secretary shall deliver copies thereof to the chairperson, each member of the Committee, the reporter, and all counsel or parties at least ten days before any hearing. Ail other parties shall deliver copies to the chairperson, each member of the Committee, the reporter, and all counsel or parties at least five days before any hearing. K. Documentary Evidence. If relevant and material matter offered in evidence is included in a document containing other matter, the party offering it shall designate the portion so offered. At the discretion of the chairperson, the relevant and material matter may be read into the record or copies thereof received as an exhibit. Other parties shall be given an opportunity to examine such a document and to offer in evidence other portions thereof which they believe to the be material and relevant. L. Exhibits. Exhibits shall be clearly and permanently legible and not exceeding 8-1/2 x 11 inches in size, or bound or folded to that size. Whenever practicable the pages of an exhibit shall be numbered. The original shall be furnished to the chairperson for the record and copies provided to the chairperson, members of the Committee, the reporter, and all counsel and parties. M. Additional Evidence. At the hearing, the chairperson may require the production of further evidence on any issue. Upon agreement of the parties, he may authorize the filing of specific documentary evidence as a part of the record within a fixed time after submission reserving exhibit numbers therefor. N. Oral Argument. The Committee may direct or permit oral argument. O. Briefs. The Committee may fix the time for filing of briefs. Concurrent briefs are preferable. Exhibits may be reproduced in an appendix to a brief. A brief of more than twenty pages shall contain a subject index and table of authorities. Requests for extension of time to file briefs shall be made in writing to the Committee and a copy thereof served upon other parties. Ordinarily, when a matter has been submitted on concurrent briefs, extensions will not be granted unless a stipulation among parties is filed with the Committee with the request. The original of the brief filed with the Committee shall contain a certificate of service. P. Decisions. A proceeding shall stand submitted for decision by the Committee after the taking of evidence and the filing of such briefs or the presentation of such oral argument as may have been prescribed by the Committee. After a proceeding is submitted, the Committee shall prepare or cause to be prepared its decision, which shall contain such findings, based upon the evidence, as are necessary to support the decision of the Committee with respect to the proceeding. 10 IV. GENERAL A. Conflict Between These Rules and Any Laws. In the event of any conflict between the rules, procedures and other provisions specified herein and the Deferred Compensation Plan, Trust, any law or other requirement applicable to the conduct of any particular business or proceeding before the Committee, the provisions of the Deferred Compensation Plan, Trust, any such law or other requirement shall supersede and take precedence over the conflicting provisions hereof. B. Failure to Comply with Rules. The rules, procedures and other provisions specified herein shall be deemed directory and not mandatory. Failure of the Committee to comply with any rule, procedure or other provisions specified herein shall not affect the validity of any action taken by the Committee nor be a basis for contesting the validity of any such action. C. Parliamentarian. The City Attorney of the City of Anaheim or his designated representative shall be the parliamentarian of the Committee and shall rule on all questions of procedure and application of these rules of order when requested to do so by the chair or the Committee. ADOPTED BY COMMITTEE: April 10, 2002 11 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2002R-161 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 23rd day of July, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Tait, Kring, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None /(~ITY CLEI~K OF ~HE CITY OF ANAI~EIM (SEAL)