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RESOLuTION OF Tm:: BOARD or SUPET1.v1: sORS OF

ORANGE COUNTY, CAL1FO!Urlf..

March 16, 1971

On m.:>tion of Suµerviso!' Baker, dul y sccornled and carri;;:d . ;:he

following Resolution was adopted:

WHEREAS• this Board desires that ,1 new board and agenda procedure

be adopted; and

WHEREAS• the repor.c h;~ g been made to this Boat"d conci;-rning sanie;

NC1.'7 • THERCFORE • BE 1 T RESOLVED as follows:

1 . The propos~::i Rules of Procedure as attRched hereto as

"Exhi.bi t. A'' are hereby adopted.

2. The proposed form of agenda as attached here.:o as "Exhibit B

is hereb y adopted.

3. The Clerk of the BoRrci is hereby c.uLhorized to duo! i cate

copies of the Rules of Procedure for f•trni:::hing to the Co\lnt) d~pa'Ctment.

a,;.::i the publ ic.

4 . The Director of Cor.1mllnications is hereby directed to

a signal light system as de~cribed in Seclion 34 of the Rules.

5. The Agend~ Screening Task Force is <lirccte<l to rema :l.n ~n

existence for a period of six months to monitor the e ffect <Jf the rules

and the agenda and is further requested to report to this Board on thei

effectiveness.

A YES : SUPERVISORS

NOES: SUPERVISORS

ABSENT: SUPERVISORS

Resolution No. 71-Z73

Agenda and Board Proc edures Revision

DAVID L. BAKER, RALPH B. CLARK, W1Li.TAM J. PHILLIPS• RUNf. LD W. C;\$PERS, AND R. W. BATTT~

NONE

NOr-."E

1.

.. ... .. . "· . . .. . . • • . .

1 STATE OF CALIFORNIA ) ) 89.

2 COUNTY OF ORANGE )

3 I, W. E. ST JOHN, County Clerk and ex-officio Clerk of the Board

6 of Supervisors of Orange County, California, hereby certify that the

a above and foregoing Resolution was duly and regularly adopted by the

e said Board at a regular meeting .thereof held on the 16th day of

7 ----~t~i'w'~s~h.__ _______ , 1971 , and pa~sed by a ----~u~n~a~n~i~m~ou~r.~·----- vote

8 of said Board. •I Ill WIINESS WHEREOF, I have hereunto set my haud and seal this

lo· 16r:h day of March , 1971.

l.1

12

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lfr

W. E. ST JOI'.N County Clerk 3nd· ~x~of ficio Clerk of the Boa.rd of Supervisors of

Orange ~aunty, Cal:!f~J"Dia

(l .· /. /; . \ '~· \ By Vu "A=.u Ct ( Lv...4..-;.., J:~;~,:

!/ \ Deputy -·~ 15~ 11! 181 1l 17l

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••• . •

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RULES OF PROCEDURE

ORANGf. COIJHTY

BOARD OF SUPERVISORS

•

. •. .• .. . ..

IWLE~ OF PROCEl)l.:Rf.

ORA\\~.; E COl!ln'Y

BOARD or f.llPEJWJ SOP.S

I.- , i

.• • ; .·• • TABLE 01'" CO~l'EN1 S

CHAr!'t;R I. CENERAL PROVISIONS ••••••••••••••••••••••••••• Pago 1

CHAPTER II. ~\RD MEETINGS ••••••••••••••••••••••••••••••• Page 1

CHAPTER III. ELECTION, POWERS AND DJTIES Of THE CHAIRMAN AND VICE CttAlRMMf ••••••••••••••••••• Page 3

CHAPTER IV. ORDER AND SCHEDULING OF BUSINESS ••••••••••••• Pagc 4

CRAPTER V. RIGHTS AND DUTlt:S OF MEMBERS ••••••••••••••••• Pag~ S

C~PTER VI. DUTIES OF TH~ CLERK OF TliE BOARIJ ••••••••••••• Pase 6

CHAPTER VII. OFFICIAL CORRESPONDENCE OF AG~Nll~ ITE?-ts •••••• Pase 7

CHAPTER VIII. PARTICIPATION BY THE PUBLIC •••..••••••••••••• Page 8

CeAPl.ER IX. PAP.TICIPATIO~ BY OTHERS •••••••••••••••••••••• Fage 10

CHAPTER I. MISCELLANEOUS PROVISIONS •••••••••••••••••••.• Page 11

•

. :

CHAPTER I

GENER.\L PROVIS!ONS

Section l. Th~se rules shall apply to the Board of Supervisors of the

County of Orar.ge whether sitting ag the Board of Supervisors of the County or

as the govern~ng board of any di~trict.

CHAPTER II

BOARD MEETI~GS

Section 2. The regular meetings of the Boaru of Supervisors of the County

of Orange be and thP. same arc hereby fixed for end shall be held upon every

Tuesday and Wednesday of each week, beginning at the hour of 9:30 a.m. of auch

days, at the Chambers of the Board of Sup~rvisors in the Orange County Adminia-

tration Building, 515 North Sycamore Street in t:1e City of Santa An~, the County

•eat of said County. If Tuesd~y in any week falls on a holiday, the regular

meeting days in said week shall be Wednesday and Thursday. If Wednesday falls

on a holiday, the regular meeting days shall ~e 1ucsday and Thursday of such

week. If both Tue3day and Wednesday of any week fall on a holiday then the

regular meetingP shall be held on Thursday 8nd Friday of such week.

Section 3. Any regular, adjourned regular, special or adjourned special

meeting of the Board may be adjourned to any day prior to the date establi~hed

for the next succeeding regular meeting of the Board. If the date to which

any such meeting is adjourned falls upon a holiday, the adjourned meeting shall

be held at the same place on the next succeeding day which is not a holiday at •

the hour of 9:30 o'clock a.m. thereof, in which event 811 heariuga, applications,

petitions and other niatt~T• before the Board shall be deemed to be and are

hereby automatically continued to the same hour of Lhe next succeeding day

.... • • Page 2

which is not a holiday.

Se~tlon 4. Any adjourned meeting o( a regular mcetln~ or adjourned r~gular

meeting is part of the regular ~eeting.

Section S. At the regular meetings of the Eoard of Svpervisors

, the IR8ttera to be heard and con~ldcred by the Board shall he

determined by the fnllo~lng rules:

(a) Three members of the Board of Supervisors shall constitute a

quorum au!flcient to transact business. It shall take at least

three affirmative votes of the Board to pass any motion.

(b) Any matter may be heard upon the consent of the majority of

all members of the Board.

(c) Any matter may be beard.by three members of the Board upon the

con:urrence of both the Chairman of the 8o3rd and the County

counsel that it is an emergency matter.

·Section 6. Unless otherwise directed, the Clerk of the Board •hall place

all 4/5 vote matters not able to be coneldcred at a regular Tues~ay or

Wednesday meeting on the next succeeding regular meeting's agenda.

Section 7. Special meetings of the Board of SuFervisora may be called in

the manner provided by State law. The order calling the special meeting

ahall specify the time and place of the meeting and the business t~ be trans-

• acted at such meeting, and no other business shall be considered at the meeting.

(Section S4956 of the Government Code)

• • Page 3

CHAPTER ill

ELEC"tION, POWERS AND" l>UT1ES OF THf: CHAIRMAN AMD VICE CHAIRMAN

Section 8. At 9:30 o'clock a.m. 011 the first Tuesday after the fiut

Monday after January I etl each year, the Bo3rd shall elect a Chairman and

Vice Chairanan to serve until the election of their aur.cessors •

.. Section 9. The Chairman, when present. shall preside at all meetln£8 ~f

the Board and shall take the chair at the hour ~ppointed for every Board

meeting and shall immediately call the members to order and. except in the

absence of a quorum, shall proceed with the b~siness of the Board in the manner

prescribed by these rules.

Section 10. In the absence of a quorum the members present aball adjourn

the meeting until the same time of the next scheduled meeting date. If all

members are absent, the Clerk of the Board m1ay adjourn the meeting to a stated

time and plA<"e ln accordance vlth Sectlun 54955 of the Govcrnoaent Code.

Section 11. The Chairman shall preserve order and decorum. The Chairman

ahatl decide all questions of order subject tet the action of a majority of

the Board.

Section 12. In the absence of, or inability to act of, the Chairman or

Vice Chairman, the members of the Board present shall by an order entered on the

mlnutea select one of their members to act as Chairr.tan P~o Te~. The Chairman

Pro Tem •hall have aJl the powers and duties of the Chairman during the

absence of, or inability to act of, the Chairman.

page 4

CHAPTER IV

ORDER AND SCftl::DULl!\\:; OF 8USWI::S5

S<.-ctio:i 13. Itcw.s and acco.nainnying papen; fjr thz noard' s agend.l sh.ill be

submltLed to the Cbrk of the Bo:ird no li!te:r than 5:00 ::.1:1. TueSd4ly of th<:

week prior to the m~etlng at which the Board i& to ccn~idcr the ~attcr.

Section 14. All m3ttcrs 1 isted under CONSE~T CALEt:D!.R on the Boe rd'•

agenda will be enacted by one motion for unanimou:i approval of the recom-

mendations appended thereto. There will be no separate discussion of theae

items prior to the time the Board votea on the motion unless &ny member of

the Soard requests specific item~ to be discuss~d and/or removed from the

Consent Calendar for sepArate action. Members of the public who wbh to dis-

cuss a Consent Calendar item should come forward to the lectern, upon invita-

tion by the Chairman, state th~ir name, addreas, and Cons~nt Calendar iteQ

number.

Section 15. The following matter& shall be considered appropr!.:!te it,._-:s for

the ConsC'nt Calendar: (ii) School District Matten:, (b) Tax Matters (Cancel-

lationa, A~secsmcnt RoJl Ch&nges, Sales) (c) Suhdivisio~ Matter~ (Acce~tance

of Improvements, Release of Tax Bonds, etc.), (d) Mortgage Releases (Whc~e the

full a1110unt of the mortgage is offered), (e) Notice;; of Completions - Genc-ral,

(£) Fuel Break Agreements, (g) Report on Denied Claims, (h) keplcniah~cnt of

Cash Difference Funds , (1) Routine, Recurring Rerorts, (j) Precinct Chang~•.

(k) Acceptance of Bond•, (l) Release of Bonds, (m) Certificates of in5urance,

• (n) Letters of Credit, (o) Traffic Commlttec Report, (p) Proposed Instollation

of Street Lighting System, (q) Assignment of Delinquent Account&, (r) Set Ung

Annexations to Lighting Dir. t ricto for hearing, (s) Li.vestock !ndemr.lty Claims,

From time to time, other items may be added.

Page 5

Section 16. On matters othc:r th'1']_ tho~_pJ..::i.:_i_: ri on tlw necnd~ n r.oard

member. any member of the Board ~~y direc t the Clerk to delete any Item

from t~e agenda up to 10:00 a.m. Frld~y of the Weck prcc~ding the mcetln& at

which the oiatter is scheduled to be con:iider'.!d. Ihe odr,tnatoi· of any matter

on th~ Board' a agenda may re')ucst Its deletion by the Cler\< .<lt any tfo1e pTlor

to the l'leeting at \.lhich it ts scheculed to be considcr~d.

Section 17. n.~ business of each regular Lecting of the Board shall be

transacted as fat as practicable tn the following order.

(a) Pledge of Allegiance

(b) Invocation

(c) Emergency Matters

(d) Regularly Scheduled Agenda lt~ms

(e) New business brought to the attention of the Board by individu~l

members. County Adinini.rtrative Offic€!r, or County Counsel. No

items shall be acted upon other than corr:mend2tions. proclarnatlona,

or requestB for reportfl back at a future ti:r.e.

CHAPTER V

RIGHTS AND DUTIES OF 1'!E!1BERS

Section 18. When any mcinl:ier is about to speak. h£ shall address the Chair;

and when two or more members address the Chair at the snll'e t{me, the Chainun

•hall name the rnember who is first to sp~ak; and the speaker shall confine hiR

remark" to the quest!on under debate and shall avoid personalities.

Section 19. Any motion made by any member of the Board shall require a

•econd . When a main motion is before the Boarrl. no motion shall be entertai~ed

excep:: an amendment to the main motion or a s:.ibstitute motion. both of which

ahall have precedenc'! over the n!ain motion. Coun;:y Co;..nsel shall serve as

Page 6

adviser to the Board on approprl~te rules to cumply with the goverr.lng

codes.

Sectiun 20, The roll need not be called in voting upon a motion cxr.ept

where specifically requi~ed by law or iequcstcd by a member. If the roll is

not called. in the absence of objection, th<? Ch:iirman shall order the ite~

unanimously approved.

Section 21. Each roll call of the Board shall be made in the followin6

order: Mover, Seconder. by Supervisori~l District in numerical order. and

the Chair ahnll be called lnst.

Section 22. If any Board member is to be unable to attend a meeting. all

reasonable effort shall be made to notify the Chairman prior to the m~eting.

Sectlon 23. Members shall not be interested in any contract. purchasers at

any sale or vendors at any purchase made by tncm in their cfficial cap~city.

Any member with an interest or "reiaote interesc", as defined in Section 1091

of the Government Code, shall disclose the fact thereof to the Board and the

aat:te ahall be noted in the minute8.

CHAPTER VI

oorrns OF THE CLERK OF THE BOARD

Section 24. The Clerk of the Board, or one of his d~puties, shall attend .

each meeting of the Boord and rnaintai~ a record of nll proceedings thereof

as required by Jaw. •Agenda itcn1s or groups o( items will be cal led by the

Clerk by •ubject heading and number only.

Page 7

Section 25. The Cl\!rk. of th..: nuard tlw ! l caci1 week rreparc the agc:1d~ for

the followlnr, T\•csday nnd wednc1.day mcctin;,_~1; for deliver)' to each noard office

on the prior ~edncsday bcfor~ 5:00 p.m. The agenda shall list the item~ for

Board consideration by number with a brief statc1nent of the subject r.iattPT

of each of the ite~s.

Section 26. The Clerk of the Board shall prepare &nd distribute the minutes

which shall ccnsiat of the brief Rt<itcment of the agenda item plus all tn0tions

made in reg~rcl thereto, all votes recorded thereon, and the final action taken

by the Board of Supervisors . Distribution of the minutes shall be ~ade prior

to the meetings of the following week. Internal distribution shall be made

to the members o_f the Board, the County Administrative Officer, all depart111ent

heads, and selected special districts governed by t~e Board of Superviaora.

CHAPTF.R VII

OFFICIAL CORRESPv~DF.NCE OF AGENDA ITEM:)

Section 27. In compliance with Section 13 above, department• and districts

aubniitting official correspondence for Board action shall, insofar as

practicable, file a total of eight copies or an ori~inal copy and seven.

with the Clerk of the Board.

Section 28. Departments nnd districts shall, insofnr as practicable, con-

ault with such other depart~entG and offices as may be appropriate to the

particular Rubject, or as referred by th~ Board, before submitting official

correapond~nce to th~ Aoard, in order that necessity for further referral

shall be minimized .

.. • • Page 8

Section 29. It shall be the responsibility of the orl&lnating County

•2ency, as part of lta lettt~r ol transmittal, to include a concise subject

heading for the ar.enda ltcna, a b~i~f na~rativc o! the subject matter of each

of the 1tems • er.d a recommendation ~• to the proposed Bol'rd actloit. The

aubject 111attcr hcadins and narrar:ivc desci-lption shall appear at the b•gln•

ni11g C'f the currespondcnce and shall contnln info1·matlon exemplified by the

Sample Agenda of the Board Proced~res Committee.

Section 30. No ordinance, agreement, or cont~~ct shall be adopted by the

Board of Supervioors until it shall h8ve been approved by the County Counsel

as to the legality of ita form and contents.

CHAPTER VIII

PARTICIPATION BY THE PUBLIC

Section 31. Ro person other than Board members or co•.tf'ty and district

officials shall be admitted inside the railing to Lhc fluor of Lhe Bu~r~

RCMHD while the Boerd 11 ln session except upon the reque&t of a member and

the consent of the Chairnaan or of a majority ol the Board •

Section 32. .

Subject to the provisions of these rules, eny membc1· of the

public shall h~ve the right to address the Boar~ by oral communlcatlon on

any matter then being discussed by the Board. l!owever, if • matter ts to be

aet or ls aet !or a public h~aring, lt shall be out of ordsr !or any mesnber

of the publlc to address the Board on cuch matter prior to the public heArlng

thereon unless his remark& are conf!.ned to the specific qccstion of the ap-

proprlateness of setting said mctter for a public hearing.

Page 9

Section 33. Any person de&iring to address the 80ard £hell approach the

podium, state his name •nd a<!d&ess for the> record, and proC'eed to Rddre.'> S the

Board. All rem~rks and questions c~all be addressed to the Board •• a ~hole

and not any member thereof. No ~uestion shall be asked a Board member or a

member of the County staff without first obtaininc permission of the Chalnnan.

Section 34. Every person addresoing the Board shal 1 be limited in his . .. remarks to five minutes after •t~ting his name and addrecs, unless a apec~fic

exter.sion of time is requested and is granted by the Chairman subject to the

approval of the Board. The Cotrll!!Unications Technician of the Board shall

keep track of the &peaker'• time and shall indicate the expiration of said

time by signal lights installed upon the speaker's podium. When the yellott

•ignal is lighted, it shall indicnte that the speaker has thirty seconds in

which to conclude his remarks. When the red aign.11 if' lighted, it shell

indic~te that the src~kcr's time has expired unlecs an extension is or has

be«!n tl"Ant.::d.

Section 35. When any group of persona wishee to address the Board on the

eame subject matter, it shall be proper for the Chairman to request that a

spokesman be chosen to represent the group, so .as to avoid unnecessary

repetition. If it i• apparent that more than 15 persona wish to address the

loard on 11 rnatter not prf!viously set for a public hearing, lt shall be ir

order for the Chair to entertain a motion to set the matter for a public

hearing .

• Section 36. Any person making impertinent, •landerous or profane remark•

or who becocn~s boisterous while addressing the Bo~rd or while attendi~g a

~eeting of the Board •hall be called to order by the Chairman. If such

• • page 10 •.

~onduct ther.:after continues, the Chnirm11n t·h~l l order that person removed

from the meeting room. Aggravated cases shaJl be prosecuted on appropriate

complaint signed by the Chairman or ~ noard member.

Section 37. The Sheriff, or such m~:nbf:r of his department aa he may deals•

nate, shall be tergea~t-at•Arms of the Board cf Supervisors, and he shali be

available to respond to all meetings immediately upon call. He shall carry out

all orders given by the Chairman for the purpose of malntalnfog order and

decorum at the Board meeting~.

CHAPTER IX

PARTICIPATION BY OTHERS

Section 38. The County Administrative Offlcer and the County Counsel, or

a representative designated by each such officer, shall attend all regular

and apcclal meetings of the Board.

Section 39. Each county or diGtrict official having any matter on th~

agenda for conslderatlon by the.Board, other thnn on the consent calendar,

•hall hold himself or his designated representative ln readiness for the

purpoae of furnishing information tn the Boe.rd. He shall attend the Board

meeting vhen ~equeGtc~ to do so by a Board member or the County Administrative

Officer, or when, in his judgment, the B<•ard will probably require additloual

lnfo1'1Dation.

Section 40. Reports ordered by the Board to be made by County staff or •

outside consultants shall be limited to t~enty-five minutes ~nlesa an exten•lon

of time ls granted by the Chairman subject to the approval of the Bc.1rd.

..

Section 41.

• . ..

CUAP'ff:lt ;<

MISCELL\N~ous PROVl~TONS

•• Page 11

Rules adopted to exvedLtc the transaction of the business of

the Board f.n an o.cderly fashl"u are deemed to be proc~dural only and the

failure to strictly observe such rules shall not affect the jurladiction

of th~ do4rd or invalidate any action taken at a me~ting that ls otherwise

held in confonntty with law. Except as othe-wlse provided by law, these

rules or an7 one thereof may be suspended by order of the Board.

Section 42. Copies of these rules shall be made available to the public at

all meetingg of the Board of Supervisors free of charge •

•