Loading...
CC 01-12-2024 Item No. 1 City Council Training_Written CommunicationsCC 1-12-2024 Item No. 1 City Council Training Written Communications ROSENBERG’S RULES OF ORDER CHEAT SHEET To: You say: Interrupt Speaker Second Needed Debatable Amendable Vote Needed Adjourn "I move that we adjourn" (Only needed prior to the end of the agenda) No Yes No No Majority Recess "I move that we recess until…" No Yes No Yes Majority Complain about noise, room temp., etc. "Point of privilege" Yes No No No Chair Decides Suspend further consideration of something "I move that we table it" No Yes No No Majority End debate "I move the previous question" or “Call the question” No Yes No No 2/3 Postpone consideration of something "I move we postpone this matter until…" No Yes Yes Yes Majority Introduce a motion “I move that…” or “I move to…” No Yes Yes Yes Majority Amend a motion "I move that this motion be amended by…" (You can also ask for a friendly amendment, which is less formal; if mover and second concur, no vote needed) No Yes Yes Yes Majority Refer to a Committee “I move that the question be referred to a committee for more study” No Yes Yes Yes Majority The above listed motions and points are listed in established order of precedence. When any one of them is pending, you may not introduce another that is listed below, but you may introduce another that is listed above it. To: You say: Interrupt Speaker Second Needed Debatable Amendable Vote Needed Object to procedure or personal affront "Point of order" Yes No No No Chair decides Request information "Point of information" Yes No No No None Object to considering some undiplomatic or improper matter "I object to consideration of this question" (This would generally just be used if something is not on the agenda) Yes No No No 2/3 Reconsider something already disposed of "I move we now (or later) reconsider our action relative to…" (Only a member of the prevailing side can make a motion to reconsider) Yes Yes Only if original motion was debatabl e No Majority Vote on a ruling by the Chair "I appeal the Chair’s decision" Yes Yes Yes No Majority The motions, points and proposals listed above have no established order of preference; any of them may be introduced at any time except when meeting is considering one of the top three matters listed from the first chart (Motion to Adjourn, Recess or Point of Privilege). C(, 1 Isr}zy ' ) January 12, 2024 To: City of Cupertino, City Council and Staff From: Cathy Helgerson - 408-253-0490 Regarding: Special Meeting - 1/12/24 at 11:00 in the Cupertino Library Rm 201 - also other comments and informaUon listed on this paperwork. Special Meeting Subject: City Council Training A- Cupertino City Council Procedures Manual Procedures B- Rosenberg"s Rules of Order Cathy Helgerson-l would like to add comme'nts and information regarding reference to meetings that have been conducted in the past. The meetings taking place behind closed door and special meeting be looked at in order to comply with the laws of the State of California. Special Meeting on 11/20/23 5:30 listed as a closed session meeting which was not disclosed as a continuation pertaining subject matter titled: Conference with Legal Council existing litigation pursuant to Government Code 54956.9 (City of Cupertino v. California Department of Tax Fee Administration. This meeting was a continuation of a prior meeting and may also have other meetings in the future on this subject. It was not listed as a continuation of prior meetings. I believe 3 such meetings have been conducted on the same subject. These meetings provided not reports to the public and this is a violation to the Brown Act and the California Government Codes. It is stated in the codes (4) which states based on existing facts and circumstance, the legislature body of the local agency has decided to initiate or is deciding whether to initiate litigation. The City of Cupertino has not made public what has been taking place and needs tO make public to the citizens of Cupertino information pertaining to the subject listed above. Has this matter gone into a formal litigation with the California Department of Tax and Fee Administration and what is the results. This information must be provided to the public. Question: has the City of Cupertino filed a petition for redetermination with California Department of Tax Fee Administration? Have they decided on a settlement and offer in the Compromise Program under appeals page 28 bub 30602021-22 this is listed under their Annual Report? Government Code - 5495.6.75 Audit by the State Auditor's Office; Closed Meeting to discuss response (a) Nothing contained in the chapters shall be construed to prevent the legislative body of a local agency that has received a confidential final draft audit report from the Bureau of State Audits from holding closed sessions to discuss its response to the report. (b) After the public release of an audit report by the Bureau of State Audits, if a legislative body of a local agency meets to discuss he audit report, it shall do so in an open session unless exempted from that requirement by some other provision of law. Permissible Closed Sessions Item (4) Once the closed session has been completed the agency must reconvene in open session, where it may be required to report votes and actions taken in closed session. Gov code 54957.1 and 54957 (b) Public Reporting Action Taken in Closed Session- The Brown Act requires local governing body to publicly report certain actions taken in closed sessions that are of a final nature, and the vote or abstention of each member present. (see Gov Code 54957.1) reports that are required to be made pursuant to this section may be made orally or in writing. There is a chart that can be accessed on the web which describes the types of action that must be taken publicly reported when the report must be made, and the information that must be reported. Please read the complete Brown Act in order to completely understand it purpose. Under Notice and Agenda Requirement Item D closed sessions require 4. Adjournments and continuance need not be separately posted if subsequent meeting is continued no more than FIVE DAYS. HOWEVER, NOTICE OF ADJOURNMENT (CONTINUANCE) MUST BE POSTED. Cathy Helgerson - comment - This meeting on 11/20/23 Special Meeting at 5:30 closed session was not disclosed as a continuation of prior meetings. It should be noted that 5 days is the limit of meeting to be conducted. If there are to be more meeting there needs to be a mention of a continuation. Once a subject has been fully discussed a full report shall be provided to the public and listed on the agenda. The Brown Act (Government Code section 54950, et seq.) states The Brown Act embodies the philosophy that public agencies exist for the purpose of conducting public business, and the public has the right to know how its "collaborative decision" are being made. The reporting after a closed session should be made before the public and the reports and information made public. Chapter 9 - Meetings. Section 54950, In enacting the chapter the legislature finds and declares that the public commissions, boards, and councils and the other public agencies in this state exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken j and that their deliberations be conducted OPENLY. The people of the state do not yield their sovereignty to the agencies which service them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. WE THE PEOPLE OF CUPERTINO REQUIRE TRANSPARACY! The City of Cupertino, Staff and Legal Department are in violation of the Brown Act and California Government Code 54950 - 54963. The City Council must act on the bases of those who elected them to office in a timely manner and must regard city business as a serious obligation. Cathy Helgerson - Comment - Question - Why is the City Council holding this Special Meeting at the Cupertino Library on 1/12/24 at 11:00 AM Friday? I understand there is no televised taping of the meeting this is something that is very wrong. This information - Cupertino City Council Procedures Manual Procedures and the Rosenberg's Rules of order are of great interest to the public and the public should be witness to the issues that pertain to this information. It is also disturbing to me about that the city cancelled the 1/2/24, 1/16/24 City Council meetings and now is holding this special meeting 1/22/24 at 11:00 Am in room 201. There is also a Budget Meeting scheduled on 1/17/24. How can a budget meeting be scheduled if the problems with the California Department of Tax and Fee Administration have not been settled and resolved? The public is worried and I am worried about what things the city will decide on and is sacrificing in order to pay money back to the CDTFA. I understand that open jobs will not be replaced and people have left the city probably due to the ISSUES and problems. Programs are on the chopping block and this is unacceptable. Jobs are on the line here and is seems that the public is forced to just wait to see what is in the budget. Note: This is from the Brown Act Compliance Manual page 26. The District Attorney or any interested person may file a civil action against the City of Cupertino reference Remedies and Penalties for Violations - Criminal topics - Criminal penalties, Civil action to prevent future violations and Opportunity for legislative body to cure and correct alleged violations. Cathy Helgerson - Comment - Finally the City of Cupertino, City Council, staff and legal council must understand that WE THE PEOPLE OF THE CITY OF CUPERTINO DESIRE AND DISEARVE TO BE HEARD ON ALL LEVELS. We ask that the information requested be provided to the people of Cupertino right away in order for justice to be served. There needs to be complete cooperation and transparency. I have commented on many ISSUES and have been ignored and so have many other citizens of Cupertino this needs to end. 7, -kl-e Remedies and Penalties for Violations Criminal penalties. A member of a legislative body may be charged with a misdemeanor where (a) the member attends a meeting where an action is taken in violation of the Brown Act, and (b) the member intends to deprive the public of information to which the public is entitled under the Brown Act.9o Note: If the challenged meeting involves only deliberation and no action is taken, there can be no misdemeanor penalty. IVloreover, as with most sriminal statutes, it is often difficult to prove criminal intent. As a result, criminal enforcement of the Brown Act is rare. Civil action to prevent future violations. The district attorney or any interested person may file a civil action to: * Stop or prevent a threatened violation of the Brown Act.9' * Determine the applicability of the Brown Act to ongoing actions or threatened future action of the legislative body.92 * Determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid under state or federal law.g" Compel the legislative body to tape record its closed sessions.94 Determine that an action of a Legislative Body violated the Brown Act and the action is null and void.95 Opportunity for the legislative body to cure and correct alleged violations." Before filing a legal action alleging that a legislative body violated the Brown Act, the complaining party must send a written "cure or correct" demand to the legislative body. The demand must clearly describe the challenged action, the nature of the alleged violation, and the "cure" sought, and must be sent within 90 days of the alleged violation (or 30 days if the action was taken in open session but in violation of S 54952.2, which defines "meetings").The legislative body has up to 30 days to cure and correct its action. If it does not act, any lawsuit must be commenced within '15 days after (a) receipt of written notice from the legislative body of such non-action, or (b) the expiration of the 30-day cure period if the legislative body does not respond to the cure request.