HomeMy WebLinkAboutReso 44-25 Council Policies and Procedures Update - signed
RESOLUTION NO. 44-25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
AMENDING THE CITY COUNCIL
POLICIES AND PROCEDURES MANUAL
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Council Policies and Procedures Manual for the City of Morro Bay (the “Manual”)
is a combination of City Council actions, policies, references, and information regarding the City Council;
and
WHEREAS, to ensure all Councilmembers are familiar with and understand the City of Morro Bay’s
philosophies and policies regarding serving on the City Council, on July 23, 2001, the City Council adopted
Resolution 47-01 approving an early version of the Manual; and
WHEREAS, the Manual has been amended several times throughout the years; and
WHEREAS, at a Regular Meeting held May 27, 2025, the City Council directed a limited review of
the Manual, including consideration of issuing City-owned cellular devices to Council Members for use in
conducting City business.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, that the City
Council Policies and Procedures Manual is readopted, as attached hereto as Exhibit A.
PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held
on the 22nd day of July 2025 by the following vote:
AYES: Wixom, Eckles, Edwards, Landrum, Luffee
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
______________________________
CARLA WIXOM, Mayor
ATTEST:
_____________________________
DANA SWANSON, City Clerk
Carla Wixom (Jul 24, 2025 16:13:14 PDT)
Carla Wixom
This Page Intentionally Left Blank
August 27, 2024 1
City of Morro Bay
Council Policies and
Procedures
SCOPE
This manual establishes the procedures for the conduct of all meetings of
the City Council of the City of Morro Bay. The purpose of this manual
is to provide City Council’s meeting will be consistent with the Brown Act
(Government Code Sections 54950 et seq.), and to establish procedures,
which will be convenient for the public, and contribute to the orderly
conduct of the City’s business. The procedures herein are in addition to,
and not in place of, Morro Bay Municipal Code (MBMC) 2.08 and any
other applicable ordinances and statutes. In the event of conflict between
this manual and applicable ordinances or statutes, the latter shall govern.
Adopted by the City Council
July 23, 2001, Resolution No. 47-01
Updated by the City Council
August 12, 2002, Resolution No. 46-02
November 13, 2003, Resolution No. 54-03
June 24, 2004, Resolution No. 37-04
November 14, 2005, Resolution No. 42-05
May 22, 2006, Resolution No. 23-06
May 14, 2007, Resolution No. 24-07
October 8, 2007, Resolution No. 50-07
November 10, 2008, Resolution No. 76-08
February 22, 2010, Resolution No. 11-10
June 14, 2010, Resolution No. 28-10
September 27, 2010, Resolution No. 46-10
January 25, 2011, Resolution No. 11-11
July 22, 2025 2
December 11, 2012, Resolution No. 64-12
March 12, 2013, Resolution No. 19-13
November 12, 2013, Resolution No. 53-13
June 10, 2014, Resolution No. 36-14
August 25, 2015, Resolution No. 58-15
December 8, 2015, Resolution No. 74-15
May 10, 2016, Resolution No. 30-16
January 10, 2017, Resolution No. 01-17
August 22, 2017, Resolution No. 45-17
May 8, 2018, Resolution No. 26-18
January 22, 2019, Resolution No. 10-19
May 28, 2019, Resolution No. 39-19
December 10, 2019, Resolution No. 104-19
February 9, 2021, Resolution No. 08-21
January 9, 2024, Resolution No. 05-24
May 14, 2024, Resolution No. 27-24
August 27, 2024, Resolution No. 59-24
July 22, 2025, Resolution No. 44-25
July 22, 2025 3
The above is to be readopted at the same time the policies are returned for adoption.
July 22, 2025 4
TABLE OF CONTENTS
PAGE
CHAPTER ONE: MEETING GUIDELINES & PROCEDURES
1.1 Meeting Schedule 6
1.2 Agenda 9
1.3 Meeting Procedures 12
1.4 Meeting Coverage
1.5 AB 2449 – Teleconferencing Regulations
1.6 Public Use of Visual Aids at Meetings
24
25
26
CHAPTER TWO: COUNCIL SALARY, BENEFITS AND REIMBURSEMENTS
2.1 Salaries for Mayor and Council Members 27
2.2 Retirement, Medical, Dental, Vision and Life Insurance
2.3 Access to Communications/Technology Systems
27
27
2.4 Professional Development 28
2.5 City Business and Mileage Reimbursement 29
2.6 General Procedures and Limitations 32
CHAPTER THREE: COUNCIL POWERS & APPOINTMENTS
3.1 Mayor – Power and Duties 35
3.2 Appointment of Mayor Pro Tempore 36
3.3 Filling Council Vacancies 36
3.4 General Powers of the Council 36
3.5 Administering Oaths: Subpoenas 37
3.6 Limitations 37
3.7 Method of Action by Council 37
3.8 Ordinances 37
3.9 Acceptance of Grants or Deeds 38
3.10 Legislative Action Program 38
3.11 Amicus Curiae Participation 38
3.12 Actions as Member of Another Legislative Body 38
3.13 Council Sub-Committees
3.14 Issuance of Proclamations, Commendations, Special Recognition
38
39
CHAPTER FOUR: THE BROWN ACT AND E -MAIL
4.1 Application and Penalties 41
4.2 Major Provisions 41
4.3 Special Meetings 43
4.4 Emergency Meetings 43
4.5 Electronic Mail (e-mail), The Public Records Act and the Brown Act
4.6 Private Social Media and Digital Communications
4.7 Social Media and Brown Act Compliance
43
45
46
4.8 Other Provisions 46
CHAPTER FIVE: COUNCIL/STAFF RELATIONSHIPS AND CONDUCT
5.1 Intent 47
5.2 Guidelines for Council Members 47
5.3 Guidelines for Staff 48
5.4 Use of City Letterhead
5.5 Use of Public Resources
49
50
July 22, 2025 5
5.6 Council Mail Handling
5.7 Council Conduct and Communication with the General Public; Boards,
Commissions and Committees; the Media and at Public Hearings
50
52
CHAPTER SIX: ADVISORY BOARD PROCEDURES
6.1 County or Regional Representation 53
6.2 Other Council Representation, Sub-committees 53
6.3 Role of Advisory Board Members at Council Meetings 53
6.4 Role of City Staff Persons 54
6.5 Appointment Procedures 55
6.6 Process
CHAPTER SEVEN: COUNCIL CONFIDENTIALITY POLICY
7.1 Purpose and Prohibition Against Disclosure
7.2 Public Censure for Unauthorized Disclosure
7.3 Definitions
CHAPTER EIGHT: ENFORCEMENT
8.1 Purpose
8.2 Procedures
8.3 Disciplinary Action
55
59
59
59
61
61
63
July 22, 2025 6
CHAPTER ONE
MEETING GUIDELINES & PROCEDURES
1.1 MEETING SCHEDULE
1.1.1 MEETINGS OF COUNCIL
The Council shall provide by ordinance the time and place of holding meetings and
the manner in which special meetings may be called. Public interest and
convenience shall be primary considerations when decisions are made as to time,
location and frequency.
Except as otherwise provided by law, all meetings of the Council shall be open to
the public.
1.1.2 REGULAR MEETINGS
1.1.2.1 Regular meetings shall be held the second and fourth Tuesday
of each month beginning at 5:30 p.m. In the event that a regular
meeting of the Council shall fall on a legal holiday, that regular
meeting shall be held at the same place and time on the next
succeeding working day. A regular meeting can only be
cancelled after polling the majority of the Council in favor of the
cancellation.
1.1.2.2 Regular meetings shall be held in the Veterans Memorial
Building, 209 Surf Street, in the City of Morro Bay.
1.1.2.3 Regular meetings shall be between the hours of 5:30 p.m. – 9:30
p.m. It shall be the policy of the City Council to complete
meetings by 9:30 p.m., unless a majority of the Council elects to
continue past the adjournment hour. If at the hour of 9:30 p.m.
the City Council has not extended the time to adjourn the
meeting or concluded its business, then the Council will review
the balance of the agenda and determine whether to extend the
meeting beyond the hour of 9:30 p.m., continue any remaining
items, or adjourn the meeting to another date and time.
1.1.2.4 A regular meeting may be canceled by a majority vote of the
Council.
July 22, 2025 7
1.1.3 STUDY SESSIONS (Open to the public)
1.1.3.1 The purpose of these meetings shall be for informal discussions
between staff, advisory bodies or consultants, the public, and the
City Council regarding specific programs, projects or policies.
Council may provide direction, but no formal action will be
taken during a Study Session. Study Sessions may be conducted
in a variety of formats, including Public Workshops.
1.1.3.2 Study Sessions will be held at a time and place within the City
limits and convenient to Council and advantageous for public
participation.
1.1.4 SPECIAL MEETINGS
1.1.4.1 Special meetings may be called by the Mayor or three City
Council Members. Written notice of each special meeting must
be given not less than twenty-four (24) hours before such
meeting to each Member of the City Council not joining the call.
Special meetings may be cancelled only by consent of a majority
of the members of the Council not less than 24 hours before the
date of the special meeting. Notice of such cancellation shall be
given to all Council Members and written notice shall be posted
for the public not less than 24 hours before the meeting.
1.1.4.2 Written notice must be given to the City Council and to the
media twenty-four hours prior to each meeting, when requested.
1.1.4.3 A supplemental telephone call shall be made if necessary to
notify each Council Member.
1.1.4.4 No business other than that announced shall be discussed.
1.1.4.5 Any special meeting held at a place other than the Veterans
Memorial Building shall be open to the public. Such meetings
shall be held within the City limits. Notice requirements of the
Brown Act shall be complied with for any such meetings;
regular minutes shall be taken by the City Clerk and shall be
available for public inspection
July 22, 2025 8
1.1.5 CLOSED SESSION MEETINGS (closed to the public)
1.1.5.1 Closed Session Meetings may be called by the Mayor or three
City Council Members and are regulated pursuant to the Brown
Act. The most common purpose of a closed session is to avoid
revealing confidential information that may, in specified
circumstances, prejudice the legal or negotiating position of the
City or compromise the privacy interests of employees. Closed
sessions should be conducted keeping those narrow purposes in
mind.
1.1.5.2 No Council Member, employee of the City, or anyone else
present shall disclose to any person the content or substance of
any discussion which takes place in a closed session, unless
authorized by a majority vote of the Council.
1.1.6 DESIGNATION AND USE OF COUNCIL CHAMBERS
1.1.5.1 The Veterans Memorial Building shall be designated as the
City’s Council Chambers.
1.1.5.2 When a question arises regarding permission for any group to
use the Council Chambers, the City Manager shall have
authority to make the final decision. The following rules are
established as a guide:
a. Use of the Council Chamber for regular meetings by City
commissions, committees, and other advisory bodies
shall take precedence over any other group or agency. To
the extent possible, special meetings will be scheduled
around other regularly scheduled non-City uses. In the
event of a conflict, the City will give priority to
rescheduling or relocating any use displaced by a City-
related use.
b. Council chambers is available for other use on a first-
come-first-serve basis, after City, City-affiliated and
other regular uses are scheduled.
c. With the approval of the City Manager, and within the
provisions of existing video production agreements, other
local governmental agencies may use the Council
Chamber for the purpose of live or video cablecasting
public hearings and/or public meetings during regular or
non-business hours.
July 22, 2025 9
1.2 AGENDA
1.2.1 ESTABLISHING THE COUNCIL AGENDA
The purpose of the agenda is to provide a framework within which Council
meetings can be conducted and to effectively implement the approved Council
Goals, Financial Plan and Budget, and also work programs, objectives, and
business of the City as established by the present or earlier City Councils. Agenda
items also include recommendations to the City Council from advisory bodies, land
use and zoning actions or appeals, bid and purchasing procedures, and mandates
from other levels of government. Staff shall work within the policy context
established by the Council and will not arbitrarily place matters on the agenda that
are outside the scope of existing work programs of the City, except as approved by
the Mayor or a majority of the Council, and to inform and advise the Council of
matters necessary to the proper operation and well-being of the City.
a. Tentative Council Meeting Agenda - Every effort will be made to provide
it to the City Council and staff before the close of business on the second
Friday prior to the Council meeting.
b. The full agenda packet for regular meetings of the City Council and all City
Advisory Boards will be published a minimum of 120 hours (or five
calendar days) prior to the meeting. Agenda packets for special meetings
will be published a minimum of 48 hours (or two calendar days) prior to the
meeting.
The process for determining the format and order of the agenda is based primarily
on the order of business adopted by the City Council (see Section 1.2.7). The
process for establishing the order of specific business and public hearing items is a
collaborative one determined largely by anticipated public attendance (those
matters involving greater audience attendance are usually scheduled ahead of other
items). The City Manager shall meet with department heads on a regular basis,
individually and as a group to discuss issues and to review upcoming agenda items.
In addition, the City Manager shall review the agenda materials with the Mayor, or
in the Mayor’s absence, the Mayor Pro Tempore. The final agenda is set subject to
the approval of the Mayor (or Mayor Pro Tempore), after consultation with the City
Manager.
1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER)
Any Council Member may request an item be placed on a future agenda by
submitting a request, orally or in writing, to consider the matter and by discussing
the request during the “Declaration of Future Agenda Items” section of the regular
agenda. If a majority of the Council approves including that matter on an upcoming
agenda, then staff will prepare a staff report, as determined by the City Manager,
unless otherwise directed by the Council.
July 22, 2025 10
If only one other Council Member supports hearing the item, then an item will be
listed on the next available agenda, as determined by the City Manager, unless
otherwise directed by the Council. The Council Member who made the request for
the agenda item shall be responsible for providing the Council report and the
Council will take no action on the substance of the matter at that review, unless
there is adequate public notice, and information is provided for the Council to make
an informed decision. If no other Council Member supports hearing the item, then
the item will not be placed on the agenda.
Pursuant to Section 1.2, the Mayor is responsible for establishing the Agenda and
may place an item on the agenda without Council support. In such a situation, the
Mayor, or Council Member who the Mayor is accommodating, shall be responsible
for providing a Mayor or Council Report.
The Council has an approved strategic planning process to set the City’s annual
goals, objectives and action plans. In order to ensure that City staff has sufficient
time and resources to accomplish these established priorities, adding future items
to the workplan during the year is discouraged. Exceptions are warranted should
unforeseen events occur that threaten the health, safety or financial wellbeing of the
City and Council action is required. Should new items be recommended that are
not part of the City Goal and Action Item plan nor meet the exception noted, the
City Manager has the discretion to request that an action item be removed to allow
sufficient time to address the added item.
1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES)
Recommendations made by advisory bodies, as part of their normal scope of duties
and responsibilities, shall be timely placed on the City Council agenda by staff, who
shall comply with the City’s approved Council Agenda Preparation Policy. In the
event an advisory body desires to bring a matter of special consideration to the City
Council (new ideas or concerns, for example), it may request an item be placed on
a future agenda by submitting a written request to the Council approved by a
majority of the advisory body members and signed by the Chair. During
Declaration of Future Agenda Items, any member of the Council may ask for
consideration of the request and upon a majority of Council, a staff report will be
prepared and approved by the City Manager or his/her designee.
1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC)
A member of the public may request an item be placed on a future agenda during
the Public Comment period at the beginning of every Council meeting, or via other
communication with Council Members. Any Member of the Council may ask for
consideration of that request pursuant to those procedures set out in 1.2.2.
July 22, 2025 11
1.2.5 EMERGENCY ITEMS
Emergency items may be placed on the agenda only in accordance with the Brown
Act. Generally, only those matters affecting public health or safety may be
considered emergency in nature. A four-fifth’s vote of Council is necessary to add
an emergency item.
1.2.6 RECONSIDERATION
Reconsideration of issues previously acted upon is discouraged. However, in
extraordinary situations, a request to reconsider an action taken by the City Council
may be considered. The request must be presented by a Council Member who voted
with the majority at the Council meeting at which the original vote was taken. The
vote may be reconsidered during that meeting, but no later than the next Council
meeting. Debate is limited to the question of whether there is a majority of the
Council interested in reconsidering the matter. If a majority of the Council votes
to reconsider an action, then the matter can be heard at that same meeting or placed
on the next or future agenda, as directed by the Council. Notwithstanding the
foregoing, as a governmental legislative body, the Council reserves the right to
consider or reconsider any matter within its jurisdiction that a majority of the
Council deems appropriate, particularly if new information becomes available or
circumstances change.
1.2.7 ORDER OF BUSINESS shall be as follows:
1.2.7.1 Establish Quorum and Call to Order
1.2.7.2 Pledge of Allegiance
1.2.7.3 Closed Session Report
1.2.7.4 Mayor and Council Members Reports, Announcements and
Presentations (suggested limit of 3 minutes each)*
1.2.7.5 City Manager Reports, Announcements and Presentations (City
Manager, Director and Advisory Board Reports) (suggested limit
of 5 minutes)
1.2.7.6 Subcommittee Reports (Brief verbal update of Current
Subcommittee Activities)
1.2.7.7 Recognition and Presentations (Certificates of Appreciation,
Proclamations and Public Presentations)
1.2.7.8 Public Comment (generally for items not on the agenda)
1.2.7.9 Consent Agenda
1.2.7.10 Public Hearings
1.2.7.11 Business Items
1.2.7.12 Council Declaration of Future Agenda Items
1.2.7.13 Adjournment
July 22, 2025 12
*Intended for reporting back to the full Council and the public on items, issues or
meetings associated with other Council duties, e.g., assignments to other official
bodies, attendance at League of California Cities meetings, etc.
1.2.8 NOTIFICATION AND ADVERTISING
The City will advertise all matters of significant neighborhood or community public
interest that appear on a City Council or Planning Commission agenda where
advertising is required by law. Said advertisements shall include location maps,
project descriptions and posting of property, if required, written in plain English in
order to fully inform all interested individuals. Similar information will appear on
the City’s website.
All advertising shall be accomplished in an economical manner. All affidavits of
publication will be available to interested members of the public.
1.3 MEETING PROCEDURES
1.3.1 PRESIDING OFFICER
1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council
meetings.
1.3.1.2 In the absence or incapacity of the Mayor, the Mayor Pro
Tempore will serve as Presiding Officer.
1.3.1.3 In the absence of both the Mayor and Mayor Pro Tempore, a
majority of the quorum shall select one of the Council Members
present to act as Chair for the meeting.
1.3.1.4 Seating arrangement of the Council:
The Mayor shall establish seating arrangements for regular
Council meetings.
1.3.1.5 Signing of City Documents:
The Mayor, unless unavailable, shall sign all ordinances,
resolutions, contracts and other documents which have been
adopted by the City Council and require an official signature,
except where the City Manager, or other designee, has been
authorized by Council to sign documents. In the event the
Mayor is unavailable, the Mayor Pro Tempore’s signature may
be used.
July 22, 2025 13
1.3.2 QUORUM
A majority of the Council Members shall constitute a quorum for the transaction of
business.
1.3.3 DISCUSSION RULES
1.3.3.1 Procedure Order
For discussion of items on the agenda, the following order is followed:
a) Presentation of the Staff Report
b) Council Member Questions
c) Public Comments
d) Council Member Discussion/Decision and Motion(s)
1.3.3.2 Obtaining the floor:
1.3.3.2.1 A City Council Member or staff shall first address
the Presiding Officer and gain recognition, or the
Presiding Officer may call upon Council Members to
ask if they desire to ask questions or provide
comments.
1.3.3.2.2 Comments and questions shall be limited to the issue
before Council.
1.3.3.2.3 Cross-exchange between Council Members and
public should be avoided.
1.3.3.3 Questions to Staff:
Council Members should attempt to communicate questions,
corrections, and/or clarifications about reports requiring official
action to staff prior to Council meetings. Early feedback will
enable staff to address Council questions and incorporate minor
corrections or changes to a Council report, resulting in a more
efficient Council meeting discussion; however, this does not
preclude Council Members from asking questions at Council
Meetings.
A Council Member shall, after recognition by the Presiding
Officer, address questions to the designated staff member.
Questions shall be limited to the specific agenda item being
considered. Council Members are encouraged to provide
questions to staff prior to meetings.
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1.3.3.4 Interruptions:
1.3.3.4.1 Once recognized, a Council Member shall not be
interrupted while speaking except to make a point of
order or personal privilege.
1.3.3.4.2 If a Council Member is called to order while
speaking, then the individual shall cease speaking
until the question of order is determined.
1.3.3.4.3 Upon being recognized by the Mayor, members of
staff shall hold the floor until completion of their
remarks or until recognition is withdrawn by the
Presiding Officer.
1.3.3.5 Limitation on Discussion:
No Council Member shall speak more than once on a particular
subject until every other Council Member has had the opportunity
to speak. Council Members should discuss items during the
decision-making process as opposed to during Council Member
questions.
1.3.3.6 Tabling Procedure:
The purpose of the Motion to Lay on the Table also known as a
Motion to Table is to enable the City Council, by majority vote
and without debate, to lay a pending question aside temporarily
when something else of immediate urgency has arisen or when
something else needs to be addressed before consideration of the
pending question is resumed. The Motion shall not be used to cut
off debate and shall only be used when it is necessary to suspend
consideration of a main motion as per the reasons mentioned
above.
1.3.3.7 Motion to Amend and Substitute Motion:
A motion to amend that seeks to modify the original motion is
allowed. A substitute motion that proposes to replace an entire
pending motion with a new one that deals with the same subject
matter is not allowed.
1.3.3.8 Right of Protest:
A Council Member is never required to state reasons for dissent,
but is encouraged to for purposes of public/Council discernment.
July 22, 2025 15
1.3.3.9 Rules of Procedure:
Morro Bay Municipal Code Section 2.08.100 provides the
proceedings of the Council shall be governed by Robert’s Rules
of Order, revised edition.
1.3.3.9 Council Minutes:
If a Council Member wishes a stated opinion to be entered in the
minutes, then he/she should precede the statement with "for the
record," or request the City Clerk to enter it into the record
following the statement.
1.3.4 PARLIAMENTARY PROCEDURE
Parliamentary procedure consists of those rules in effect according to City Council
policy (State law and Robert's Rules, to the extent applicable to a public legislative
body). The following summarizes the most frequently used actions.
1.3.4.1 Council Members and staff shall:
1.3.4.1.1 Work earnestly to preserve appropriate order and
decorum during all meetings.
1.3.4.1.2 Discourage side conversations, disruptions,
interruptions or delaying efforts.
1.3.4.1.3 Limit the use of personal electronic devices to urgent
personal matters while seated at the dais during
Council meetings.
1.3.4.2 Members of the public and/or Council Members demonstrating
rude, boisterous, or profane behavior will be called to order by
the Presiding Officer. If such conduct continues, then the
Presiding Officer may call a recess, request the removal of such
person(s) from the Council Chamber, adjourn the meeting, or
take such other appropriate action as permitted by the Brown
Act.
1.3.4.3 Only the City Council, staff, Designated Representatives, and
those authorized by the Presiding Officer shall be permitted to
sit at the Council or staff tables.
1.3.4.4 Enforcement of order:
1.3.4.4.1 The Police Chief or his/her designee shall act as the
Sergeant-at-Arms.
July 22, 2025 16
1.3.4.4.2 Any Council Member may request the Presiding
Officer to enforce the rules of protocol. Upon motion
and majority vote, the Presiding Officer shall be
required to do so.
1.3.5 BEHAVIOR AND CIVIL DISCOURSE POLICY
The City encourages the willingness to speak up and to listen within a framework
of respect and understanding. Toward that end, the Council has adopted Resolution
No. 07-19, a Resolution of the City Council of the City of Morro Bay, California,
Pledging to Follow Best Practices of Civility and Civil Discourse in All of Its
Meetings, both on the part of any public comment as well as any comments from
the members of the City Council. Those principles were crafted by the League of
Women Voters of San Luis Obispo County, and are memorialized on Page 7 of this
document.
1.3.6 VOTING PROCEDURES
1.3.6.1 If a Council Member, who is present at a meeting and not
precluded from voting due to a conflict of interest abstains, that
abstention will be construed as a vote on the prevailing side. If
there is a tie vote, not counting the Council Member who
abstained, then there is no prevailing side.
1.3.6.2 No ordinance, resolution or motion shall be passed or become
effective without receiving the affirmative vote of at least three
non-abstaining Council Members.
1.3.6.3 A conflict of interest shall be declared whenever appropriate and
in compliance with State law and the Council Member will
disclose the nature of the conflict of interest, step down and shall
not make, participate in making, or influence the decision.
1.3.6.4 A vote may not be changed by a Council Member after the vote
announcement by the Presiding Officer or City Clerk; provided,
that with the consent of the City Council a correction of the vote
may be made.
1.3.6.5 If required for Council or public clarification, the City Clerk
shall restate the motion prior to the vote or request the Presiding
Officer to restate the motion.
1.3.6.6 Voice voting is the preferred method for recording Council
votes.
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1.3.6.7 A roll call vote may be taken at the discretion of the Presiding
Officer. The City Clerk will call the roll for the roll call vote in
the following manner: 1) Maker of the motion; 2) Member who
seconded the motion; 3) Additional Council Members in
alphabetical order by last name; and, 3) Mayor last. The City
Clerk shall state for the record the name of any Council Member
who is recused or has abstained.
1.3.6.8 General consent votes may be taken at the discretion of the
Presiding Officer, if there are no negative votes or objections by
Council Members.
1.3.6.9 Upon the request of any Council Member, the ayes and noes
shall be taken and recorded on any vote.
1.3.6.10 The ayes and noes shall be taken upon the passage of all
ordinances and resolutions and entered upon the journal of the
proceedings of the Council.
1.3.6.11 Following the vote, the Presiding Officer or City Clerk shall
announce whether the questions have been carried or defeated.
1.3.6.12 Tie votes: If a tie vote occurs, then the Council is required to
continue the item by majority vote or make motions until an
action receives three affirmative votes.
1.3.6.13 The Presiding Officer may publicly explain the effect of the vote
for the audience or may direct a member of the staff to do so.
1.3.7 PUBLIC COMMENT (WRITTEN AND ORAL)
Members of the public may address the City Council in a variety of ways. Written
comments on agenda items are encouraged. As a courtesy to the Council, citizens
are encouraged to present written comments at least one day prior to the meeting.
Comments may be hand-written or submitted via email to
council@morrobayca.gov. This provides the Council with a greater opportunity to
review and consider issues and/or concerns expressed in written communications
prior to a meeting. Comments received before 10:00 a.m. on the day of the meeting
will be distributed to City Council Members and published on the City website.
Written material distributed at the meeting will be made a part of the public record.
If the material is too voluminous for Council to review during the meeting or is new
material not previously considered, then Council may at its discretion continue the
item to a future meeting. The following are guidelines for providing public
comments:
1.3.7.1 During Public Comment period, at the beginning of every
meeting, members of the public may address the City Council
July 22, 2025 18
on items that are not on the printed agenda or that are on the
agenda when the individual cannot be present when the item is
considered per the agenda. For Consent Items, Public Hearing
Items, and Business Items, the Presiding Officer will invite
comments from the public in support of, or in opposition to each
specific Agenda Item following the staff report and any
questions from Council to Staff. Those individuals desiring to
speak may be asked to fill out a speaker’s slip, but a speaker
cannot be required to fill out a speaker’s slip. They are located
on the table at the entrance to the Council Chambers (Veterans
Hall).
1.3.7.2 For all hybrid (in-person and via teleconference) meetings, those
requesting to speak in-person will be called first, then those
requesting to speak via teleconference will be called. All
requests to speak should be submitted prior to the start of the
Public Comment period.
1.3.7.3 At the discretion of the Mayor or Presiding Officer, General
Public Comment at the beginning of the meeting may be limited
to 30 minutes. After that, General Public Comment will be
reopened at the conclusion of all Business Items for any
remaining speakers wishing to speak to items not on the agenda.
1.3.7.4 Individuals desiring to speak shall:
1.3.7.4.1 Address the Council from the podium after giving
name and City of residence. Speakers may decline to
provide their name if so desired. Speakers shall direct
their comments to the Council, not the audience.
1.3.7.4.2 Limit comments to three minutes or to the interval
specified by the Presiding Officer. To provide an
opportunity for all to speak during a meeting, the
maximum time permitted for each speaker to speak
on a particular matter may be reduced by the
Presiding Officer when a large number of speakers
wish to address the Council on that matter. The
Presiding Officer, with the majority of Council
Members, may reopen the public comment period to
hear additional public comment. Council Members
may ask questions of anyone present without
reopening the public comment period. Speakers
may speak only once on a given issue and may not
cede their time to another speaker.
July 22, 2025 19
1.3.7.4.3 Each person addressing the City Council shall do so
in an orderly manner. and the Council respectfully
requests that speakers refrain from making
repetitious, slanderous or irrelevant remarks, or
engaging in any other disorderly conduct which
disrupts, disturbs, or otherwise impedes the orderly
conduct of the Council meeting. Any person who so
disrupts the meeting may, at the discretion of the
Presiding Officer or a majority of the City Council
present, be subject to ejection from that meeting.
1.3.7.4.4 Persons addressing the Council shall address the
Council as a whole and shall not engage in a dialogue
with individual Council Members, City staff or
members of the audience. No questions shall be
asked of a Council Member or a member of City staff
without first obtaining permission of the Presiding
Officer. The Presiding Officer shall determine
whether, or in what manner, an answer will be
provided. Any person violating this rule while
addressing the Council shall be called to order by the
Presiding Officer.
1.3.7.5 Except as otherwise permitted by the Brown Act, action may
not be taken on issues not listed on the agenda. Staff may be
asked to follow-up on such items.
1.3.7.6 Council Members actions
1.3.7.6.1 Council Members may question the person
addressing the Council at the conclusion of the
person’s comments or upon expiration of the
person’s time to speak.
1.3.7.6.2 Council Members shall not engage the person
addressing the Council in a dialogue with the City
Council or City staff but shall confine
communication to a question and answer format
conducted through the Presiding Officer.
1.3.7.6.3 If a member of the audience has addressed the
Council on matters which are not on the agenda,
then Council Members shall refrain from extended
discussion of the matter. If a Council Member so
wishes, then the Council Member may seek to have
the City Manager place the matter on the next
agenda in accordance with this policy.
July 22, 2025 20
1.3.7.7 Upon violation of the rules of order and decorum established in
Section 1.3.2 – 1.3.7 of this manual, the procedure to enforce the
rule shall be as follows:
1.3.7.7.1 Warning: The Presiding Officer shall request a
person who is violating the rules of decorum cease
such conduct. If, after receiving a warning from the
Presiding Officer, the person persists in disturbing
the meeting, the Mayor shall order the person to
leave the City Council meeting. If the person does
not leave the meeting, then the Presiding Officer may
order any law enforcement officer who is on duty at
the City Council meeting as sergeant-at-arms to
remove the person from the City Council chambers.
1.3.7.7.2 Removal: Any law enforcement officer who is
serving as sergeant-at-arms at the City Council
meeting shall carry out the orders and instructions
given by the Presiding Officer for the purpose of
maintaining order and decorum. Upon instruction of
the Presiding Officer, it shall be the duty of the
sergeant-at-arms to remove from the City Council
meeting any person who is disturbing the
proceedings of the City Council.
1.3.7.7.3 Resisting Removal: Any person who resists removal
by the sergeant-at-arms may be charged with a
violation of the rules of order and decorum, as well
as any other applicable ordinance or law.
1.3.7.7.4 Motion to Enforce: If the Presiding Officer fails to
enforce the rules of order and decorum set forth in
Section 1.3.2 – 1.3.7, then any Member of the City
Council may move to require the Presiding Officer
to do so, and an affirmative vote of a majority of the
City Council shall require the Presiding Officer to do
so. An affirmative vote of a majority of the Council
may appeal to the entire Council the ruling of the
Presiding Officer that a person be removed from the
meeting, in which event the decision of the Council
majority shall govern and conclusively determine
such question. If the Presiding Officer fails to carry
out the will of the majority of the City Council, then
the majority may designate another Member of the
City Council to act as the Presiding Officer for the
July 22, 2025 21
limited purpose of enforcing the rules of order and
decorum established in Section 1.3.2 - 1.3.7.
1.3.7.7.5 Clearing the Room: If a meeting of the City Council
is disturbed or disrupted in such a manner as to make
infeasible or improbable the restoration of order, then
the Presiding Officer or a majority of the City
Council may exercise the authority granted in the
California Government Code section 54957.9 by
ordering the meeting room cleared and continuing in
session in the manner authorized by Section 54957.9
of the Government Code.
1.3.8 CONSENT ITEMS
Consent Items are the first items on the agenda. Only items that are routine, relate
to implementation of approved budget items or to City operations, or are items to
be later set for public hearing are to be placed on the Consent Agenda. Items of
significant neighborhood or community public interest should be heard as a Public
Hearing or Business Item, and not placed on the Consent Agenda.
1.3.8.1 Minor Questions. A Council Member may ask questions on any
item without it being pulled from the Consent Agenda. When a
Council Member has a minor question for clarification
concerning a Consent Item that will not involve extended
discussion, the item may be pulled for clarification at the
beginning of the meeting and the questions will be addressed
along with the rest of the Consent Agenda. There should be no
objections at this time. Council Members are encouraged to
seek clarifications prior to the meeting (whenever possible).
1.3.8.2 No Vote. When a Council Member wishes to pull an item
simply to register a dissenting vote, a request should be made
that the item be pulled for separate vote without discussion.
Such items will also be handled at the beginning of the meeting
along with the rest of the Consent Agenda.
1.3.8.3 Any item may be pulled by a Council Member for discussion.
A member of the public may request the Council to pull an item
for discussion during the initial public comment period, but the
discretion to pull that item will remain with the Council.
1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda,
unless a majority of the Council chooses another time.
July 22, 2025 22
1.3.9 NOTICED PUBLIC HEARINGS
During the pendency of any Public Hearing that is a quasi-judicial proceeding, no
Council Member or Planning Commissioner shall engage in an ex parte
communication with any “Interested Party” who intends to influence the decision
of the Council or Commission in a proceeding, unless the Council Member or
Commissioner discloses the ex parte communication on the Council or
Commission’s record. “Interested Party” means any individual with an interest in
the quasi-judicial proceeding that is greater than the general interest of the public
as a whole. The term includes, but is not limited to, parties involved in the
proceeding, parties that may be significantly affected by the decision, and nonprofit
or public interest organizations and associations with a special interest in the matter
regulated. A member of the public at large who expresses a casual or general
opinion about a pending proceeding would not necessarily be an "Interested Party."
Matters, which are required to be heard in a noticed Public Hearing, shall be
conducted in the following manner:
1.3.9.1 Time for Consideration: Matters noticed to be heard by the City
Council shall commence in the order provided in the agenda.
Public hearings are the first order of business following the
Consent Calendar.
1.3.9.2 Continuance of Hearing: Any hearing being held or noticed or
ordered to be held by the City Council may, by order or notice
of continuance, be continued or re-continued to any subsequent
meeting.
1.3.9.3 Conduct of Hearings: When a matter for Public Hearing comes
before the City Council, the Presiding Officer may:
1.3.9.3.1 Call for a report on noticing from the City Clerk.
1.3.9.3.2 Call for a report on written communications received
by the City pertaining to the item being heard.
1.3.9.3.3 Request that staff present the staff report and any
other relevant evidence. Presentation of the staff
report prior to the formal opening of the Public
Hearing shall not prevent its consideration as
evidence. Any such evidence shall be made a part of
the record of the Public Hearing.
The Presiding Officer shall then recognize the applicants,
appellants and their representatives in the cause, who shall be
permitted to speak first during the public comment portion of the
July 22, 2025 23
applicable matter for not more than 10 minutes, or the time
allowed by the Presiding Officer, to present evidence related to
the matter under consideration. The applicants, appellants and
their representatives shall address the Council from the lectern
after giving their names and the names of the
applicants/appellants they are representing, if different.
The Presiding Officer shall then recognize members of the
public. No person may speak without first being recognized by
the Presiding Officer. City Council Members who wish to ask
questions of the speakers or each other during the Public Hearing
may do so. Council Members should be mindful the purpose of
the Public Hearing is to obtain testimony, and not to debate the
merits of the item under consideration. Council Members
should avoid debate and expressions of personal opinion until
after the close of the public testimony portion of the Public
Hearing. The Presiding Officer shall conduct the hearing in such
a manner as to afford due process to all affected persons. For
Public Hearings, when 10 or more members of the public desire
to speak, the Presiding Officer may request speaker slips to be
completed and delivered to the Clerk before the item is
considered. Comments shall then be allowed first by those
submitting a slip and in the order received by the Presiding
Officer. Comments from the public shall be limited to three
minutes per speaker for Public Hearings, unless the City Council
affirmatively decides otherwise. For Public Hearings that have
the potential to be appealed to the California Coastal
Commission, members of the public who desire to receive notice
of any further proceedings shall write their name and address on
the interested parties list at the back of the room.
The Presiding Officer shall then close the public testimony
portion of the Public Hearing. After the public testimony
portion of the Public Hearing is closed, no member of the public
shall be permitted to address the Council or the staff, except at
the discretion of the Presiding Officer or the majority of the
Council. Council Members may still, however, ask questions of
staff or members of the public. Upon conclusion of Council
deliberations and immediately prior to a motion, the Presiding
Officer shall formally close the public hearing, which can be
accomplished by the Presiding Officer declaring the matter is
being brought back to the Council for discussion or other manner
to clearly indicate the hearing portion of the matter has
concluded. Upon formal closing of the public hearing, no
additional public testimony shall be solicited or received without
reopening the hearing.
July 22, 2025 24
1.3.9.4 Evidence. All persons interested in the matter being heard by
the City Council shall be entitled to submit written evidence or
remarks, as well as other graphic evidence. All such evidence
presented shall be retained by the City Clerk or appropriate City
department, as part of the official record of the proceeding. Prior
to declaring the public hearing open, the Presiding Officer may
establish a time limit for the entire public hearing and establish
time limits for the presentation of each individual speaker.
1.3.10 BUSINESS ITEMS
Business Items follow Consent Items and Public Hearings (if any) on the agenda.
Business Items can include new matters or matters continued from one or more
earlier meetings. Opportunity for public comment as discussed in Section 1.3.7
above, will be provided for each Business Item.
1.4 MEETING COVERAGE
The purpose of cablecasting meetings of the Morro Bay City Council is to enhance
the awareness and education of the general public regarding the actions and
deliberations of the City Council.
1.4.1 Coverage of City Council meetings shall be gavel-to-gavel; whether
presented to the public live or taped, Council coverage is not to be edited
or subjected to editorial comment.
1.4.2 All City Council meetings shall be cablecast or taped for broadcast,
except for meetings or portions of meetings which are closed to the
public, or when the majority of the Council directs otherwise.
1.4.3 Cameras used for the gavel-to-gavel coverage shall be operated only by
City employees, firms, or persons authorized by the City.
1.4.4 Cameras shall be operated so that they are primarily focused on the
officially recognized speaker, and on any visually displayed information
they may be showing.
1.4.5 “Reaction” shots will not be permitted.
1.4.6 The City Clerk’s action minutes shall remain the official record of
Council proceedings. Other recordings are for convenience and
occasionally used when a verbatim transcript is required in legal
proceedings. Audio recordings have a 2-year retention and video
recordings have a 10-year retention. Meeting minutes are permanent.
1.4.7 As soon as reasonably possible following each Council meeting, but not
later than the second regular meeting after, the City Clerk shall include
July 22, 2025 25
a copy of the minutes, thereof, as a Consent Item for the agenda of a
regular Council meeting.
1.5 AB 2449 – TELECONFERENCING REGULATIONS
1.5.1 Quorum Requirement. A quorum of the Council (three members) must
participate at a singular physical meeting location identified on the agenda,
which must be within the city limits and open to the public. This means that
no more than two Council Members may utilize traditional or AB 2449
teleconference provisions at one meeting. If fewer than three members
could not be physically present at the beginning of a meeting, the meeting
shall not be called to order.
1.5.2 Limitations on Use. Council Members may participate remotely under AB
2449 a limited number of times per year, depending on which exception was
selected, “Just Cause” or “Emergency Circumstances.”
1.5.2.1 Just Cause Exception. This exception may be used in cases of
caregiving for a dependent, contagious illness, need related to a
physical or mental disability, or official government travel (limited
to two per calendar year)
1.5.2.2 Emergency Circumstances Exception. This exception may be used
in cases of a physical or family medical emergency that prevents a
Council Member from attending in person. Capped at 20% of the
regular meetings within a calendar year or (four (4) City of Morro
Bay Council meetings per year).
1.5.3 Each agenda must describe how members of the public may observe or
attend the meeting and offer public comment, including a way to attend via
teleconference platform. Members of the public must be allowed to make
public comments in real time (in-person or through teleconference) during
all allotted public comment periods.
1.5.4 Council Members wishing to attend via teleconference must make a request
to the Council at the earliest possible opportunity, up to and including at the
start of a meeting. Under the Emergency Circumstances Exception, the
Council must act by majority vote during the meeting, to approve or deny
the request.
1.5.5 Council Members must also provide a “general description” of the
circumstances relating to the member’s need to participate remotely, which
need not be more than 20 words or disclose any personal medical
information.
1.5.6 Council Members must disclose, before any action is taken, whether any
individuals 18 years of age or older are present in the room at the remote
July 22, 2025 26
location, and the general nature of the member’s relationship with the
individual. This disclosure must take place during the meeting itself, even
if the notification and description were given in advance.
1.5.7 Council Members participating remotely must participate through both
audio and visual technology.
1.5.8 All votes taken at a meeting where a Council Member attends by
teleconference, under the provisions of AB 2449, must be taken by roll call
vote.
1.5.9 Meeting proceedings must be suspended in the event of a disruption that
prevents the transmittal of meeting video and audio to the public, or
prevents the receipt of public comment on the teleconference platform, until
meeting audio and video service are restored.
1.6 PUBLIC USE OF VISUAL AIDS AT COUNCIL MEETINGS
Members of the public who desire to utilize electronic visual aids to supplement
their oral presentations are encouraged to provide display-ready material to the City
Clerk by 12;00 noon on the day of the meeting. No data provided to the City Clerk
later than 12:00 noon will be accepted. Staff may recommend that the presenter
produce hard copies of their materials and present the copies to Council during their
presentation.
1.6.1 Electronic presentations must be provided in a format that can be read on a
standard computer running Microsoft Windows or Microsoft Office.
1.6.2 Upon receipt, the City Clerk will promptly transmit electronic visual aids to
the City’s Information Technology Division for a determination as to
whether the material is free of viruses.
1.6.3 Staff shall preload and queue the electronic visual aid in the City’s media
system and display it when the public member is called upon to speak.
1.6.4 Members of the public shall not be permitted to connect equipment, devices,
or storage media directly to the City’s computer system during a live
Council meeting.
1.6.5 Members of the public shall not be permitted to access the internet from the
City’s computer equipment.
1.6.6 Nothing in this Policy is intended to warrant or otherwise guarantee that
electronic visual aids will be successfully displayed at a Council or
Advisory Body meeting. Members of the public are urged to have hard
copies of their presentations available in the event a media system
malfunction occurs.
July 22, 2025 27
CHAPTER TWO
COUNCIL SALARY, BENEFITS AND REIMBURSEMENTS
Council salary. financial benefits and reimbursements are established by Council action
and in conformance with State law, the MBMC, and duly adopted and effective resolutions.
Below is a description of the same but may not include all that are applicable.
2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS
Compensation for services rendered by the Mayor and Council Member, in an
official capacity, shall be provided in accordance with State law and the MBMC.
The Citizens Finance Advisory Committee will be asked every 4 years, starting
with 2020, to provide the Council a recommendation on whether any changes
should be made to that compensation.
2.2 RETIREMENT, MEDICAL, DENTAL, VISION, AND LIFE INSURANCE
The Mayor and Council Members are required to participate in P.A.R.S. retirement.
The City shall pay a contribution to P.A.R.S. equal to 1.5% of salary. The City
shall pay, in full, the cost of the Mayor’s and Council Members’ participation in
lowest cost medical plan (self-only), dental, vision, and life insurance.
2.3 ACCESS TO COMMUNICATIONS / TECHNOLOGY SYSTEMS
The City will provide each Council Member with equal and appropriate
communications, technological devices and training to facilitate their public service
and within the confines of the Information Technology (IT) standards for hardware
and software specifications. The City’s IT Usage Policy, which is available for
Council Member review upon request, applies to Council Member use of these
devices.
2.3.1 TELEPHONES
Upon request, the City will provide each Council Member with a City-owned cell
phone to use solely for City business communications during their term of office.
2.3.2 LAPTOP COMPUTERS & REMOTE ACCESS POLICY
The City will provide each Council Member, at their request, with a laptop
computer or iPad and related City-standard software for use while in office. These
laptop computers and software will be upgraded or replaced pursuant to the City’s
computer replacement policy. Council Member access and use of the City’s
information technology is subject to all City guidelines concerning the use of its
information technology resources. The most important of these are:
The City information systems exist solely for the purpose of conducting
City business, not intended for personal use.
July 22, 2025 28
All data (including electronic mail messages) is owned by the City and
subject to disclosure.
All software and hardware installations should be made by IT staff on
City-owned devices only. Except for screensavers, personal software is
not allowed on City workstations; and all application software must be
owned by the City and used in compliance with all software licensing
agreements.
2.3.3 SECURITY
Each Council Member shall have a uniquely assigned user name and password for
security purposes. While this cannot guarantee privacy, confidentiality, or data
security, it is an important component of the City’s overall system protection.
Passwords should never be shared with others.
2.3.4 ELECTRONIC MAIL (E-MAIL)
Council Members will have access to the City’s electronic mail (Email) system that
will allow Email communication internal to the City and with others via the
Internet. Email correspondence sent and received by members of the City Council
are public records and subject to disclosure.
2.3.5 COUNCIL MEMBER RESPONSIBILITIES
Council Members are responsible for using City information technology resources
in accordance with the City’s normal policies, procedures and guidelines.
2.4 PROFESSIONAL DEVELOPMENT
The Mayor and each Council Member shall be reimbursed for normal and
customary business expenses as follows:
2.4.1 BUSINESS TRAVEL EXPENSE AND CONFERENCE
REGISTRATION
The Mayor and each Council Member shall be reimbursed for normal and
incidental expenses and for costs of professional development and educational
conferences designed to improve understanding of and proficiency in municipal
affairs. Such reimbursement shall be for out-of-county expenses only and shall be
reimbursed in accordance with accepted City Travel Guidelines.
2.4.1.1 Authorized Expenses. City funds, equipment, supplies (including
letterhead), titles, and staff time must only be used for authorized City-
business. Expenses incurred in connection with the following types of
activities generally constitute authorized expenses, as long as the other
requirements of this section are met:
July 22, 2025 29
Communicating with representatives of regional, state and
national government on City-adopted positions.
Attending educational seminars designed to improve
official’s skill and information levels.
Participating in regional, state and national organizations
whose activities affect the City’s interests.
Recognizing service to the City (i.e. thanking a longtime
employee with a retirement gift or celebration of nominal
value and cost).
Meetings such as those listed above for which a meeting
stipend is expressly authorized under this section.
All other expenditures require prior approval by the City Council,
including international and out-of-state travel.
2.4.1.2 Expenses Not Eligible for Reimbursement.
The personal portion of any trip.
Political or charitable contributions or events.
Family expenses, including partner’s expenses, when
accompanying official on City-related business.
Entertainment expenses, including theater, movies, sporting
events (including gym, massage and/or golf related
expenses) or other cultural events.
Alcohol/personal bar expenses.
Except as provided in 2.4.2 and .3, personal automobile
expenses.
Personal losses incurred while on City business
2.5 CITY BUSINESS AND MILEAGE REIMBURSEMENT
The Mayor and each Council Member shall be reimbursed as follows:
2.5.1 CITY BUSINESS
For costs incurred in connection with official City business, the Mayor and Council
Members shall be reimbursed for in-county expenses, including meals, tickets,
periodicals, dues, subscriptions, and similar miscellaneous expenses, if receipts for
those expenses are provided.
2.5.2 MILEAGE
For official travel within the County of San Luis Obispo, reimbursement shall be
made upon submittal of an official mileage expense form.
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2.5.3 TRANSPORTATION
When attending conferences or meetings that are of such distances it is more
economical to take commercial air fare, if an official drives his/her car to such
meetings, then commercial air fare will be paid and not automobile mileage.
Government and group rates must be used when available.
2.4.3.1 Airfares that are reasonable and economical shall be eligible for
purposes of reimbursement.
2.4.3.2 Automobile mileage is reimbursed at IRS rates in effect at the
time of travel. Those rates are designed to compensate the driver
for gasoline, insurance, maintenance, and other expenses
associated with operating the vehicle. This amount does not
include bridge and road tolls which are also reimbursable.
2.4.3.3 Car Rental rates that are reasonable and economical shall be
eligible for purposes of reimbursement.
2.4.3.4 Taxi and shuttle fares may be reimbursed, including a 15%
gratuity per fare, when the cost of such fares is equal or less than
the cost of car rentals, gasoline and parking combined, or when
such transportation is necessary for time-efficiency.
2.5.4 LODGING
Lodging expenses will be reimbursed or paid for when travel on official City-
business reasonably requires an overnight stay. If such lodging is in connection
with a conference, then lodging expenses must not exceed the group rate published
by the conference sponsor for the meeting in question if such rates are available at
the time of booking. Travelers must request government rates, when available. If
the group rate is not available, then reimbursement at the IRS rate in effect at the
time of travel shall apply.
2.5.5 MEALS
Actual expenses shall be reimbursed subject to the maximum per diem for the mean
as set by the IRS rate in effect at the time of travel. (Cal. Gov’t. Code 53232.2) and
Publication 1542 at www.irs.gov). The City will not pay for alcohol/personal bar
expenses.
2.5.6 MISCELLANEOUS EXPENSES
Officials will be reimbursed for actual telephone, fax, and parking expenses
incurred for City-business. Telephone bills should identify which calls were made
for City-business.
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2.5.7 CASH ADVANCE POLICY
From time to time, it may be necessary for an official to request a cash advance to
cover anticipated expenses while traveling or doing business on the City’s behalf.
Such request for an advance should be submitted to the City Manager ten working
days prior to the need for the advance with the following information:
1. The purpose of the expenditures.
2. The benefits of such expenditures to the residents of the City.
3. The anticipated amount of the expenditures(s) (for example, hotel rates,
meal costs, and transportation expenses).
4. The dates of the expenditure.
Any unused advance must be returned to the City within five working days after
the official’s return, along with an expense report and receipts documenting how
the advance was used. In the event the City Manager is uncertain as to whether a
request complies with this policy, the official must seek resolution from the City
Council.
2.5.8 CREDIT CARD USE POLICY
For travel expenses the preference is for Council Members either to (i) submit a
reimbursement request upon return (with the proper forms completed and receipts
attached) or (ii) request a payment advance for travel, whenever it is not possible
to have expenditures charged directly to the City or utilize the City Clerk/City
Manager’s credit cards for travel and accommodation arrangements. If an advance
is made, then receipts are required for all expenditures, as is return of the unspent
portions of the advance. It is understood there may be circumstances where a
Council Member cannot prepay for expenditures. In such cases, with approval
through the City Manager, a credit card will be ordered in the Council Member’s
name. The credit card may only be used for authorized expenditures during the
authorized travel.
2.5.9 EXPENSE REPORT CONTENT AND SUBMISSION DEADLINES
All cash advance expenditures and expense reimbursement requests must be
submitted on an expense report form provided by the City. That form shall include
the following advisory:
“All expenses reported on this form must comply with the City’s
policies relating to expenses and use of public resources. The
information submitted on this form is a public record. Penalties for
misusing public resources and violating the City’s policies include
loss of reimbursement privileges, restitution, civil and criminal
penalties as well as additional income tax liability. “
July 22, 2025 32
Expense reports must document that the expense in question met the requirements
of this Policy. Officials must submit their expense reports within 10 working days
after an expense has been incurred, accompanied by receipts documenting each
expense. Restaurant receipts, in addition to any credit card receipts, are also part
of the necessary documentation.
Inability to provide such documentation within 10 calendar days after travel may
result in the expense being borne by the official.
In the event the official does not attend the trip and non-refundable expenses have
been incurred for registration, lodging or travel, the non-attending official shall
submit a written explanation of the reasons for non-attendance to the City Manager.
The City Manager shall determine if the public funds advanced must be reimbursed
to the City. Any decision of the City Manager may be appealed to the City Council.
2.5.10 REPORTS TO CITY COUNCIL
At the next regular City Council meeting, the Mayor and City Council shall briefly
report on the meetings attended by that person at City-expense. If multiple officials
attended, then a joint report may be made.
2.5.11 COMPLIANCE WITH LAWS; VIOLATION
City officials should keep in mind that some expenditures may be subject to
reporting under the Political Reform Act and other laws. All City expenditures are
public records subject to disclosure under the Public Reports Act and other
applicable laws. Use of public resources or falsifying expense reports is a violation
of this Policy and may result in any or all of the following: 1) loss of reimbursement
privileges, 2) a demand for restitution to the City, 3) the City’s reporting the
expenses as income to the elected official to state and federal tax authorities, 4)
civil penalties of up to $1,000 per day and three times the value of the resources
used, and 5) prosecution for misuse of public resources.
2.6 GENERAL PROCEDURES AND LIMITATIONS
Appropriate budgetary practices and accounting controls shall be established to
ensure expenditures and reimbursements are in compliance with approved budget
allocations. The Mayor and each Council Member is expected to plan business
activities so as to stay within budget. When exceptional circumstances require
additional amounts be allocated to accounts, formal Council action shall be
required.
2.6.1 ACCOUNTING
An account shall be established in the name of the Mayor and each Council Member
with all expenditures charged to the individuals. Receipts shall be submitted within
the fiscal year.
July 22, 2025 33
2.6.2 REIMBURSEMENT LIMITATION
The City's adopted Travel Guidelines shall govern all expenditures for non-local
professional development and conferences. Those guidelines include all non-local
official meals, tuition or fees, transportation to meeting sites, materials and
telephone usage.
2.6.3 SPECIAL EXPENSES
For occasions when the Mayor or a Council Member is designated by the City
Council to represent the City at special meetings, reimbursement shall be made
from the appropriate Travel Expense Account.
2.6.4 HONORARIUM
The Mayor and Council Members are not permitted, by law, to receive an
honorarium as a result of his/her participation in a meeting or conference. The
Mayor or Council Members may receive income for personal services provided at
a meeting or conference, if those services are customarily provided in connection
with the practice of her/his bona fide business or profession, unless the sole or
predominate activity of the business or profession is making speeches. If the Mayor
or Council Member receives such income, then the amount of that income shall be
deducted from the amount normally provided by the City for that meeting or
conference if the City paid for the Mayor or Council Member's attendance at such
meeting or conference.
2.6.5 OTHER GUIDELINES
Any other travel-related issue not specifically governed in this resolution shall be
adjudicated in accordance with the City of Morro Bay Travel Expense
Reimbursement Policy.
July 22, 2025 34
July 22, 2025 35
CHAPTER THREE
COUNCIL POWERS & APPOINTMENTS
3.1 MAYOR - POWER AND DUTIES
3.1.1 The Mayor shall preside at all meetings of the City Council and perform
other such duties consistent with the office as may be imposed by the
Council or by vote of the people. The Mayor shall be entitled to vote when
present but shall possess no veto power.
3.1.2 The Mayor shall be recognized as the official head of the City for all
ceremonial purposes.
3.1.3 The Mayor may order flags flown on City property to be lowered to half-
staff in mourning for any member of the community designated to have
made significant contributions to the City of Morro Bay, in accordance with
recognized customs or practices not inconsistent with State and Federal law.
3.1.4 The Mayor is authorized to sign letters of appreciation to persons and
organizations. Copies of those signed letters shall be provided to the
Council Members, as soon as feasible.
3.1.5 The Mayor will, at times, receive written communications from recognized
organizations or entities whose fundamental purpose is to support cities,
such as the League of California Cities, etc. Those communications may
be seeking City support for a position the specific organization is taking.
Because of the often short time limits for submitting responses to those
communications, the Mayor is authorized, at no cost to the City to submit
the requested communication consistent with the subject entity’s
recommendation. At the discretion of the Mayor, other written
communications supporting previously agreed upon policy issues by the
Council, may be sent. A copy of that letter will be provided to the Council
at the same time it is transmitted to the addressee. Any Member of the
Council can request an agenda item be placed on an upcoming agenda to
discuss that communication. The Council can also determine whether to
admonish the Mayor for not carrying out the intent of this provision.
3.1.6 When the Mayor is a member of another legislative body, he/she may take
actions on matters before that other body as she/he determines appropriate,
as long as she/he makes it clear his/her position is that of the Mayor and not
the entire City or Council, unless, at a duly agendized public meeting, a
majority of the Council has provided direction on the position the Mayor is
to take on a matter
3.1.7 The Mayor shall exercise such other powers and perform such other duties
as may be prescribed by law or ordinance or by resolution of the Council,
except as limited by law.
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3.2 APPOINTMENT OF MAYOR PRO TEMPORE
The appointment of the Mayor Pro Tempore shall be for a one-year term and shall
be made at the first meeting in January. For appointment as Mayor Pro Tempore, a
Council Member must be on the Council at least one year. Of those who have been
on the Council for at least one year, the Council Member who has not yet held the
position shall be appointed Mayor Pro Tempore. If there are two Council Members
who have not yet held the position, then the Council Member receiving the highest
number of votes in the most recent election shall be appointed Mayor Pro Tempore.
If all have held the position, then the Council Member who has held it the least
number of times shall be appointed Mayor Pro Tempore. If all Council Members
have held it for the same number of years, then the Council Member for whom it
has been the longest period of time since holding the position shall be appointed
Mayor Pro Tempore.
3.3 FILLING COUNCIL VACANCIES
3.3.1 SPECIAL ELECTION
Measure “R”, a 2006 Citizens Initiative codified as Morro Bay Municipal
Code Section 2.06.030 requires the City Council to immediately call a
special election to fill any vacant seat on the Council, including the Mayor’s
seat. The special election shall be held on the next established election date,
as specified in California Elections Code, which is not less than 114 days
from the call of the special election. The City Council may appoint an
elector who is a registered voter in the City of Morro Bay to fill such
vacancy prior to the special election. The appointee shall hold office only
until the date of said special election. (Reso. 76-08)
3.3.2 LIMITATION OF COUNCILMEMBER WHO RUNS FOR MAYOR
BEFORE COMPLETING REGULAR TERM
A sitting Council Member is disqualified from nomination for election to
the office of Mayor in the next election if the remainder of their Council
term after the next election cannot be filled by a vote of the electors on or
prior to that election date.
3.4 GENERAL POWERS OF THE COUNCIL
Subject to the provisions of law and the delegation of power to any person, officer,
Board, or Commission, the Council shall have the power in the name of the City,
to do and perform all acts and things appropriate to a municipal corporation and the
general welfare of its inhabitants and that are not specifically forbidden by the
Constitution and laws of the State of California.
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3.5 ADMINISTERING OATHS: SUBPOENAS
Each Member of the Council shall have the power to administer oaths and
affirmations in any investigation or proceeding pending before the Council. The
Council shall have the power and authority to compel the attendance of witnesses,
to examine them under oath and compel the production of evidence before it.
Subpoenas may be issued in the name of the City and be attested by the City Clerk.
Disobedience of such subpoena or the refusal to testify (upon other than
constitutional grounds), shall be deemed contempt and shall be punishable as
provided by the general laws of the State.
3.6 LIMITATIONS
No Member of the Council shall be appointed to or serve as a voting Member of
any City Board, Committee, or Authority, whether composed of citizen volunteers,
City employees, or a combination of both. This is not to be construed as prohibiting
Members of the Council from serving on Committees or Subcommittees of the
Council itself, or of agencies representing other local, state or federal government.
3.7 METHOD OF ACTION BY COUNCIL
All action by the Council shall be taken only by means of ordinance, resolution, or
oral motion duly made and passed.
Ordinances shall become a part of the MBMC and so remain until amended or
voided. All municipal laws relating to taxation or to possible criminal action
against an offender shall be in the form of ordinances.
Resolutions shall be serially numbered and filed sequentially in the office of the
City Clerk.
Oral motions shall be recorded only in the minutes of any regular or special meeting
of the Council.
3.8 ORDINANCES
The consideration and adoption of ordinances shall be in accordance with relevant
state law. Ordinances not legally required to have a public hearing shall be set for
a public hearing if the subject matter is controversial or of a special nature. In
addition, a majority of the City Council may direct the consideration of an
ordinance will be set for public hearing.
No ordinance, resolution or motion shall be passed or become effective without
receiving the affirmative vote of at least three Members of the Council.
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3.9 ACCEPTANCE OF GRANTS OR DEEDS
The Mayor and Mayor Pro Tempore of the City of Morro Bay are hereby authorized
to accept and consent to the recording of any deed or grant conveying any interest
in or easement upon real property to the City of Morro Bay.
3.10 LEGISLATIVE ACTION PROGRAM
The City has a legislative program to strengthen local government, promote City
goals, and defend the City against legislative actions by state and federal
governments that would weaken local government or take away traditional revenue
sources. In order to respond promptly and proactively to fast-paced legislative
changes, City staff is authorized to take positions on legislation provided the
positions are consistent with the Legislative Actions of the City Council, or
resolutions or recommendations of the League of California Cities. The Council
limits its official communication as a body of the whole in support or opposition to
issues impacting the City specifically or local governments generally.
3.11 AMICUS CURIAE PARTICIPATION
The City is frequently requested to join as amicus curiae (friend of court) in cases
of statewide significance to cities. Because of the often short time limits for filing
amicus curiae briefs, the City Attorney may authorize the City’s name being added
to such briefs, at no cost to the City, if the Legal Advisory Committee of the League
of California Cities has urged participation and the brief is consistent with the City’s
adopted Legislative Platform. The City Council will be advised of that action
within 7 days after the City Attorney’s decision.
3.12 ACTIONS AS A MEMBER OF ANOTHER LEGISLATIVE BODY
When a Council Member is a member of another legislative body, he/she may take
actions on matters before that other body as she/he determines appropriate, as long
as she/he makes it clear his/her position is that of the individual Council Member
and not the entire City or Council, unless, at a duly agendized public meeting, a
majority of the Council has provided direction on the position that Member is to
take on a matter.
3.13 COUNCIL SUB-COMMITTEES
From time to time it may be desirable for the City Council to appoint a sub-
committee of the whole to address a particular issue. That is especially the case if
the issue requires additional work or research. Per the Brown Act, sub-committees
must consist of less than a quorum of the body and serve for a limited purpose and
time. Therefore, the City Council sub-committees may consist of two members.
Sub-committees shall report back to the full Council for discussion before any
formal action can be taken on the pertinent issue. Establishing a subcommittee
July 22, 2025 39
requires the body to define the purpose, parameters, and duration of the sub-
committee. The City Clerk will keep the list of sub-committees and defined
description as a record with Council liaison assignments for review annually.
3.14 ISSUANCE OF PROCLAMATIONS, COMMENDATIONS, SPECIAL
RECOGNITION
All requests for proclamations are subject to the review and approval of the City
Manager or their designee, or Mayor. Proclamations and commendations are
signed by the Mayor, and are prepared in response to the type of recognition
requested, with a priority given to recognize individuals, groups, and events of
significance to the Morro Bay community. Proclamations and commendations may
be presented at a City Council meeting or at an outside event or meeting. Typically,
presentation requests are honored at a Council meeting only if a local representative
from the requesting party can appear to accept the proclamation or certificate.
July 22, 2025 40
July 22, 2025 41
CHAPTER FOUR
THE BROWN ACT AND EMAIL
4.1 APPLICABILITY AND PENALTIES
The entire City organization conducts its business in compliance with the Ralph M.
Brown Act, California Government Code sections 54950 et seq. (the “Act”). The
intent of the Act is to ensure deliberations and actions of local public agencies are
conducted in open and public meetings. The law provides for misdemeanor
penalties for any members of a legislative body who violates the Act. In addition,
violations are subject to civil action. A current copy of the Act will be provided to
all Council Members assuming office, but the provisions that most directly affect
the Council are summarized in this Chapter.
4.2 MAJOR PROVISIONS
4.2.1 APPLICABILITY
The Act applies to Council, City staff and all bodies that advise Council.
4.2.2 MEETINGS
Other than closed sessions, all meetings shall be open and public. All meetings
shall follow the requirements of the Act.
4.2.3 AGENDAS
Agendas for regular meetings must be posted 72 hours in advance of the meeting
and must meet various requirements. Note: Morro Bay has by resolution
established a longer period of posting prior to a regular meeting (120 hours or 5
days.)
4.2.4 ACTIONS
No action shall be taken on any item not appearing on the posted agenda.
Exceptions:
4.2.4.1 An emergency situation exists (determined by a majority of the
Council).
4.2.4.2 The need to take action arose subsequent to the agenda being
posted (determined by 4/5 of the Council or if less than 4/5 are
present, then by unanimous vote) and that action must be taken
before the next regular Council meeting or special meeting can
be scheduled and properly noticed.
July 22, 2025 42
4.2.4.3 The item was continued to another meeting that was scheduled
and posted within five days after the original agenda.
4.2.5 PUBLIC INPUT
The public has an opportunity to address the Council on any item of interest to the
public that is within the jurisdiction of the Council. The City has the right to
establish time limits on speakers and the total time allocated for a particular issue.
4.2.6 PUBLIC DISRUPTIONS
A portion or all of the public may be removed if willful disruption makes
conducting the meeting "unfeasible;" the press may remain unless they participate
in the disruption.
4.2.7 CORRESPONDENCE
All writings distributed for discussion or consideration at a public meeting are
public records. If a member of the public desires written materials to be fully
considered by the Mayor and City Council, then that member is encouraged to
submit that written material regarding agendized items to the City Council via email
at council@morrobayca.gov no later than 10:00 a.m. the day of the meeting so that
it may be included with agenda correspondence and published on the City website.
Written material distributed at the meeting will be made a part of the public record.
If the material is too voluminous for the Mayor and Council to review during the
meeting or is new material not previously considered, the Council may, at its
discretion, continue the item to a future meeting.
4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS:
4.2.8.1 Real Property. The purchase, sale, exchange or lease of real
property with the City's negotiator; the real property and the
person(s) with whom the City may negotiate must be announced
in open session prior to the closed session. All Real Property
transactions shall be held in closed session prior to final decision
in open session and Council shall be provided with a copy of the
draft real property agreement.
4.2.8.2 Litigation pending or a significant exposure to litigation, or the
decision to initiate litigation; the litigation or title must be
identified in open session prior to the closed session unless the
Council states that to do so would jeopardize its ability to
conclude existing settlement negotiation or effectuate service of
process.
4.2.8.3 Compensation (salaries and benefits) of employees; to review its
position and instruct designated representatives.
July 22, 2025 43
4.2.8.4 Personnel: The appointment, employment, evaluation of
performance, or dismissal, of a public employee, or to hear a
complaint against an employee, unless the employee requests a
public hearing.
4.3 SPECIAL MEETINGS
Special Meetings may be called by the Mayor or a majority of the Council, with
strict notification requirements delivered to the media and Council 24 hours before
the time of the meeting.
4.4 EMERGENCY MEETINGS
Emergency meetings may be called without the normal 24-hour notice and posting
requirements if prompt action is required due to the disruption or threatened
disruption of public facilities. Only work stoppages, crippling disasters or other
activities that severely impair the public health and/or safety qualify for emergency
meetings.
4.5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE
BROWN ACT
City email is no less a part of “official city business” than any other written
correspondence, and there is no expectation of privacy for City email messages.
Good judgment and common sense should therefore prevail at all times regarding
its appropriate use.
City email is subject to the requirements of the Brown Act and is subject to
disclosure under the Public Records Act. The Brown Act does not prohibit the use
of email to make individual contacts between Members of the Council, or the public
or staff. However, great care should be taken to avoid the use of email to contact a
majority of the Council, either individually or serially, “in a connected plan to
engage in collective deliberation on public business.”
City emails are generally intended to fulfill the same general function as ordinary
daily verbal communications among City Council and City staff and are generally
considered “transitory” documents (work-in-progress), and therefore are generally
not subject to records retention requirements. For file management and storage
purposes, such City email messages should only be retained for as long as needed.
In most instances this means deleting messages as you have read them, and shortly
after you have sent them.
Some email messages, including any attachments thereto, can be considered official
city records, because the content relates in a substantive way to the conduct of the
public’s business. Emails that qualify as public records need to be retained by the
City. However, they are not retained through the City e-mail system. Those emails
July 22, 2025 44
should be printed as a hard copy or saved electronically in a folder outside the e-
mail system, in accordance with the City’s records retention policy. Generally, the
sender of the email should be the person responsible for printing and filing it
accordingly, but persons responsible for a particular program or project file shall
be responsible for retaining all e-mail they send or receive related to that program
or project.
It is the responsibility of individual City Council Members, employees and their
department heads to determine if email is an official City-record that must be
retained in accordance with the City’s record retention policy. The City Attorney
will assist in making such a determination. Preliminary drafts, notes or interagency
or intra-agency memoranda that are not retained by the City in the ordinary course
of business are generally not considered to be official City records subject to
disclosure. City Council Members and employees are encouraged to delete
documents that are not otherwise required to be kept by law or whose preservation
is not necessary or convenient to the discharge of your duties or the conduct of the
city’s business.
Periodically, the City receives requests for inspection or production of documents
pursuant to the Public Records Act, as well as demands by subpoena or court order
for such documents. In the event such a request or demand is made for e-mail, and
the City Council Members or employees having control over such e-mail, once they
become aware of the request or demand, shall use their best efforts, by any
reasonable means available, to temporarily preserve any e-mail that is in existence
until it is determined whether such e-mail is subject to preservation, public
inspection or disclosure. The City Clerk shall be contacted regarding any such
emails within the City Council Member or employee’s control.
Council Members are assigned a City electronic messaging account, such as an
email account. To the extent feasible, City issued accounts shall be used to conduct
City business. Limited use of a private device for public business is permissible,
but not encouraged, and public records on such devices are subject to the Public
Records Act.
Electronic communications regarding City business may be subject to the City’s
official records retention policies and the Public Records Act, even if those
electronic communications are or were created, sent, received or stored on a
Council member’s personal electronic messaging account or device . To the
extent a Council Member uses private, non-City electronic messaging accounts or
devices, in compliance with State law they will be asked to locate any such
electronic communications on those non-City accounts or devices and provide the
communications to the City Clerk in the event a Public Records Act request is made
seeking the communication(s).
If a Council Member receives an electronic message regarding City business on
his/her personal electronic messaging account or device, or circumstances require
such person to conduct City business on a personal account or device, then the
July 22, 2025 45
Council Member is strongly encouraged to either: (a) copy (“cc”) any
communication from the Council Member’s personal electronic messaging account
to his/her City electronic messaging account; or (b) forward the electronic
communication to his/her City account as soon as feasible after the original creation
or transmission of the electronic communication. That practice facilitates efficient
and prompt responses to Public Record Act requests.
4.6 PRIVATE SOCIAL MEDIA AND DIGITAL COMMUNICATIONS
The City does not provide or support individual social media accounts for Council
Members. Council Members that maintain personal social or other digital media
accounts should be aware that, similar to City email or any other written or recorded
communication related to the official conduct of City business, digital
communications, social media posts and messages by public officials regarding
matters that are before the City for action or within City jurisdiction can be “official
city business” subject to laws and policies regarding freedom of speech, record
retention and production, and public transparency. Those laws and policies include,
but are not necessarily limited to, the California and United States Constitutions,
the California Public Records Act, the Ralph M. Brown Act, and the City’s Records
Retention policies.
It is the intent of this policy to ensure that Council Members are aware that digital
and social media communications regarding public business that are conducted
using private networks, accounts, or devices may be subject to the same laws as
other records of public business and that mishandling of such communications in
violation of applicable laws, may subject Council Members and the City to liability
under applicable laws, and may result in censure of a violating Council Member.
This policy is intended to establish parameters for the management of public,
private and political digital and social media accounts in compliance with
applicable laws and in a manner that avoids the potential for public confusion
regarding public, private and campaign related digital and social media activities of
Council Members.
A Council Member or Mayor participating in digital or social media
communications shall maintain and clearly delineate between separate accounts for
official, and personal or campaign statements, taking precaution not to convey
personal or campaign communications in a manner that suggests such
communications represent the position of the City or the City Council as a whole.
To avoid ambiguity, all statements, headings, profile pictures, or biographies on
personal or campaign accounts shall not be made in the name of the position to
which the Council Member or Mayor was elected, shall clearly reflect that content
on such account does not represent the official positions of the City or the City
Council, and shall not display the City logo or any other official City mark or title.
There is no California law requiring public officials to use only government
accounts to conduct public business, but there should be no expectation of privacy
if personal accounts are used to conduct public business.
July 22, 2025 46
Statements on official sites and accounts shall contain only official City positions,
policies, or announcements, and all contents and messages communicated on such
accounts are subject to the California Public Records Act. If a Council Member
receives an electronic communication regarding City business on a personal
account, they should copy that information to their official City account, for
transparency and ease of access for public records requests.
Digital records relating to public business are required to be stored in a manner
capable of maintaining the record for the applicable retention period, including
through the use of highlights, bins, or archives for temporary and disappearing
stories, reals, posts, or otherwise. Likewise, public officials should avoid deleting
comments or blocking individuals on official pages or sites they maintain. In the
event that a harassing, or discriminatory content that the council member believes
constitutes an imminent threat or violation of harassment or discrimination laws, a
copy of the deleted or removed content shall be saved or retained consistent with
the City’s Records Retention Policies and this Policy. Social media content should
be treated the same as any written document and retained in accordance with the
City’s Retention Schedules or a minimum two-year period required under
California Government Code.
4.7 SOCIAL MEDIA AND BROWN ACT COMPLIANCE
To avoid any violations of the Brown Act, consistent with the update provided by
AB 992, Council Members are permitted to use a social media platform to engage
in conversations or communications on matters within the subject matter
jurisdiction of the Council: (a) to answer questions, (b) to provide information to
the public, and (c) to solicit information from the public. However, a majority of
Council Members may not use social media to “discuss among themselves” official
City business. AB 992 broadly defines the meaning of “discuss among themselves”
to include any “communications made, posted, or shared on an internet based social
media platform between members of a legislative body, including comments or use
of digital icons that express reactions to communications made by other members
of the legislative body.” AB 992 prohibits a Council Member from communicating
directly with the social media of any other member on a subject within the
jurisdiction of the Council.
This social media guidance applies to all internet based social media platforms that
are “open and accessible to the public,” including, but not limited to, blogs,
podcasts, Snapchat, Instagram, Facebook, X, Nextdoor, and Reddit.
4.8 OTHER PROVISIONS
The Act provides many other restrictions and requirements; this chapter is intended
merely as a Council summary and overview of the Act, and nothing in this Chapter
supersedes the provisions of the Brown Act. Since State law constantly changes, it
is important to ensure you have the latest information. Please check with the City
Attorney and/or the City Clerk for more information.
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CHAPTER FIVE
COUNCIL/STAFF RELATIONSHIPS AND CONDUCT
5.1 INTENT
The City Council as a whole retains full power to accept, reject, amend, influence,
or otherwise guide and direct staff actions, decisions, recommendations, workloads
and schedules, departmental priorities, and the conduct of City business.
This chapter addresses the relationship and conduct between the Mayor and Council
Members and staff with the intent of the Mayor and Council to: 1) affirm governing
shall be by will of the collective Council, and 2) establish guidelines for Mayor,
Council and staff to ensure orderly, consistent and open City government.
5.2 GUIDELINES FOR COUNCIL MEMBERS
The Mayor and Council shall recognize the primary functions of staff are to execute
Council policy and actions taken by the Council, and to keep the Mayor and Council
informed.
The Mayor and Council Members should not attend department staff meetings
unless requested by the City Manager.
The Mayor and Council Members should have the same information with which to
make decisions. Information requested by one Council Member will be shared with
all members of the Council.
Concerns related to the behavior or work of a City employee should be directed to
the City Manager. Council Members shall not reprimand employees.
Per California Government Code Sections 3201-3209, Council Members should
not solicit financial contributions from City staff or use promises or threats
regarding future employment. Although City staff may, as private citizens with
constitutional rights, support political candidates, such activities cannot take place
during work hours, at the workplace, or in uniform.
5.2.1 REQUESTS FOR INFORMATION
The Mayor, individual Council Members, as well as the Council as a whole, shall
be permitted complete freedom of access to any information requested of staff, and
shall receive the full cooperation and candor of staff in being provided with any
requested information, when the law allows that access.
The Mayor and Council Members shall make routine requests for information
through the appropriate department head, who shall then advise the City Manager
July 22, 2025 48
of such requests. Complex or comprehensive requests for information shall be
made through the City Manager.
5.2.2 DIRECTION TO STAFF
The Mayor and Council Members shall make requests for work to be done by City
staff through the City Manager. The Mayor and Council Members should not direct
the City Manager to initiate any action, change a course of action, or prepare any
report without the approval of Council. The City Manager’s responsibility is to
advise on resources available and required for a particular course of action as it
relates to the direction of a majority of Council.
The Mayor and individual Council Members shall make no attempt to pressure or
influence staff decisions, recommendations, workloads, schedules and
departmental priorities, except as part of budgetary and goal setting priority
sessions and with approval of the Council as a whole.
A Council Sub-committee may be given authority by the full Council to work in
conjunction with the City Manager, and his/her designated staff on a particular
project or issue. In those instances, any work products will be brought back to the
full Council for consideration and action.
5.3 GUIDELINES FOR STAFF
Staff shall recognize its primary function is to execute Council policy and to keep
the Mayor and Council informed. Staff shall present the Mayor and Council with
all relevant information, as well as alternatives, in an objective, succinct manner.
The City Manager and staff are committed to treating the Mayor and each Council
Member equally.
5.3.1 TIMELY RESPONSE
City staff will make every effort to respond in a timely and professional manner to
all requests made by the Mayor and individual Council Members for information
or assistance; provided, that in the judgment of the City Manager the request is
legally permitted (after consultation with the City Attorney) and not of a magnitude,
either in terms of workload or policy, which would require that it more
appropriately be assigned to staff through the collective direction of the City
Council. In terms of making that judgment, the following guidelines should be
considered: The request should be specific and limited in scope so staff can respond
without altering other priorities and with only minimal delay to other assignments;
the request should only impose a "one-time" work requirement, as opposed to an
on-going work requirement; and the response to the request should not require a
significant allocation of staff resources (generally defined as consisting of more
than one staff person, or a single staff person working on the issue in excess of 1-2
hours).
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5.3.2 DIRECTION FROM COUNCIL
Staff is obligated to take guidance and direction only from the Council as a whole
or from the appropriate management superiors as may be the case. Staff is directed
to reject any attempts by the Mayor or individual Council Members to unduly
influence or otherwise pressure them into making, changing or otherwise
suppressing staff decisions or recommendations, or changing departmental work
schedules and priorities. Staff shall report such attempts to influence them in
confidence to the City Manager, who may inform the Council as a whole of such
attempts.
5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS
An exception to the above guidelines may be staff work required in support of a
Council Member designated by the City Council to represent the City in an
intergovernmental role (e.g., Membership on Joint Powers Authority), or relative
to a special assignment (e.g., a special task force).
As noted, above, when a Council sub-committee has been duly authorized by the
full Council, staff members may provide information and assistance to the sub-
committee, which will report back to the full Council.
5.3.4 INFORMATION DISTRIBUTION
In the interest of treating all members of the Council equally, in cases where a staff
response to the Mayor or an individual Council Member request involves written
material, the City Manager will provide copies of the material to all other Council
Members.
5.3.5 SIGNIFICANT INFORMATION
Any information, service-related needs, or policy positions perceived as necessary
by the Mayor or individual Council Members, which cannot be fulfilled per the
above guidelines, should be raised by the Mayor or individual Council Member
under the "Declaration of Future Agenda Items" category of a regularly scheduled
City Council meeting. If so directed by the collective action of the Council, then
staff will proceed to complete the work within Council established deadlines.
5.4 USE OF CITY LETTERHEAD
Staff will not prepare correspondence representing the Mayor or a
Councilmember’s personal point of view or a dissenting point of view from an
official City policy or Council position. If a Councilmember uses her/his title,
position, or City letterhead to express a personal opinion, then the letter shall state
“I am writing this letter on behalf of myself” and, the official City position must
also be stated clearly so the audience understands the difference/relationship
between the official City position and the viewpoint of the Mayor or that
July 22, 2025 50
Councilmember. If a letter is written on behalf of the majority of the City Council,
then the letter shall state “I am writing this letter on behalf of the City Council.” A
copy of any and all correspondence developed by or for the Mayor or a
Councilmember on City letterhead shall be provided to the City Manager and the
entire City Council.
5.5 USE OF PUBLIC RESOURCES
Members shall not use public resources unavailable to the public in general, such
as City staff time, equipment, supplies or facilities, for private gain or personal
purposes.
City Council has identified community engagement as a priority of the council.
City Council recognizes that limited meeting spaces are available in the City of
Morro Bay. In supporting individual council members’ effort to reach the general
public for the overall interest of the City of Morro Bay, council members, Mayor
included, are allowed to use city’s meeting facility free of charge for up to six times
per calendar year for outreach meetings, including Town Hall, Listening sessions
and like, except during the election season beginning 120 days prior to an election
to fill a City office, provided those sessions require only limited staff support for
facility use. However, during the time period of 120 days prior to an election to fill
a City office, a council member who is not running for re-election at that election
shall be able to hold such outreach meetings free of charge upon approval of
Council through an agendized item at a public meeting. The outreach events must
demonstrate a reasonable connection to the city council adopted goals. Council
members shall request facility usage through the City Manager.
5.6 COUNCIL MAIL HANDLING
All incoming mail addressed to the Mayor and Council Members will be handled
by the City Clerk’s staff in the following manner:
5.6.1 PAPER AND ELECTRONIC MAIL, PUBLIC RECORD .
Both paper and electronic mail addressed to Council Members and delivered to City
Hall, or any other City building or facility, or via any City equipment, account, or
network, is presumed to be a public record subject to retention and disclosure
requirements as set forth in the City’s Records Retention Policy and the California
Public Records Act, unless an express legal exemption or privilege applies.
Council Members shall consult with the City Attorney prior to withholding or
destroying any document or correspondence received in connection with their
service in the City, except as specified herein. Electronic mail is additionally
subject to the City’s Electronic Mail policy and Section 4.5. Electronic mail will
be retained and accessed in accordance with applicable laws and the City’s Records
Retention and IT policies.
July 22, 2025 51
If City Clerk staff can verify that an email correspondence has been distributed to
all Council Members, it will be handled and retained pursuant to the City’s Records
Retention Policies but will not be redistributed.
5.6.2 PROCESS FOR PAPER MAIL
All paper mail sent to Council (either as a group or to each Council Member) will
be opened, date stamped, scanned and distributed to Council via email as soon as
possible. The electronic record will be preserved by the City Clerk’s office in
accordance with the City’s Records Retention Policies.
5.6.2.1 Any public correspondence received on behalf of Council that
requires staff to follow up with a response on an issue unrelated to
a current agenda item will be distributed to Council per Section
5.6.1. Once the written response is prepared by the appropriate
department (normally within two weeks), it will be sent to the
person who initiated correspondence with the City Council, and all
Council Members will receive a copy of the response. Items that
require staff follow-up include, but are not limited to, complaints,
information requests, service requests, or other similar
correspondence. Responses should be provided in the manner they
were received (e.g. an email response is appropriate for email
received and a written response is appropriate for letters received in
the mail).
5.6.2.2 Any public correspondence received on behalf of Council that is
related to a current agenda item will be handled via the Agenda
Correspondence procedure as stated in Section 1.3.7.
5.6.2.3 Unsolicited mail, advertisements, magazines or journal publications
and other “junk mail” will be date stamped and placed in a Council
Member’s inbox for pick up. These items will not be scanned or
logged.
5.6.3 “PRIVATE, PERSONAL, CONFIDENTIAL” MAIL
Paper mail addressed to an individual Council Member and marked “private,”
“personal” or “confidential” shall be date stamped on the envelope or package and
shall be logged in by the City Clerk’s staff in a manner that records the date of
receipt, method of delivery, sender (if reflected on the face of envelope or package
received), and recipient. Staff will notify the addressee personal mail has been
received and the original will then be placed in their City mailbox unopened. If
mail has not been retrieved from the Council Members mailbox within two business
days, such mail shall be retrieved by the City clerk’s staff and handled in
accordance with Section 5.6.1.
July 22, 2025 52
5.6.3.1 Once opened and reviewed by the Council Member, any
correspondence that reflects any comment, complaint, inquiry, or
request that is or may be related to any matter of City business shall
within two business days, be copied as the Council Member deems
appropriate, and the original document delivered to the City Clerk
for handling in accordance with Section 5.6.3. Personal notes (e.g.
birthday or holiday cards) that do not implicate City business need
not be provided to staff or retained pursuant to Section 5.6.1.
5.7 COUNCIL CONDUCT AND COMMUNICATION WITH THE GENERAL
PUBLIC; BOARDS, COMMISSION AND COMMITTEES; THE MEDIA
AND AT PUBLIC MEETINGS
Statements made by a Council Member about the City’s official position at a public
meeting to the general public or the media should be based on currently adopted
Council action. When serving as a primary or alternate Council representative on
a board, commission, or committee, statements made by Council Members
regarding City policy should reflect the majority opinion of the Council, which is
defined by currently adopted Council action via Council vote or consensus.
A Council Member can express a personal opinion contrary to a Council decision
or policy as long as the Council Member identifies the statement as a personal view,
and they do not state or imply that the statement represents Council opinion. When
expressing a personal view, Council Members shall be cautious not to create a bias
by making clear that they intend to hear the matter with an open mind and make
their decision based on the facts and the law presented at the hearing.
July 22, 2025 53
CHAPTER SIX
ADVISORY BOARD PROCEDURES
6.1 COUNTY OR REGIONAL REPRESENTATION
Annually, the Mayor shall make appointments to a variety of County and/or
regional committees and boards. One Member of the Council shall serve as a voting
representative and one Member shall serve as alternate. (See 6.5 for appointment
procedures). To the best of their ability, Voting Delegates shall reflect the majority
view of the Council as a whole, rather than their own personal opinions.
6.2 OTHER COUNCIL REPRESENTATION, SUBCOMMITTEES
6.2.1 COUNCIL LIAISON ASSIGNMENTS
The City Council shall assign a Council liaison to each of the following advisory
bodies: Recreation & Parks Commission, Harbor Advisory Board, Public Works
Advisory Board, the Citizens Finance Advisory Committee, and the Planning
Commission. Council liaisons will also be appointed to the special purpose
advisory bodies.
The purpose of the liaison assignment is to facilitate communication between the
City Council and the advisory body. The liaison also helps to increase the Council’s
familiarity with the membership, programs and issues of the advisory body. In
fulfilling their liaison assignment, members should either attend advisory body
meetings or watch the meeting broadcasts and present information regarding
advisory body meetings to the Council during Council announcements.
Council Members are not participating members of the advisory body, but are there
rather to create a linkage between the City Council and the advisory body. In
interacting with advisory bodies, Council Members are to reflect the views of the
Council as a body. Being an advisory body liaison bestows no special right with
respect to advisory body business.
6.3 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS
6.3.1 INTENT
A majority of advisory body members may attend a public Council meeting.
However, none of those members may speak regarding any matter within that
member’s advisory body’s subject matter jurisdiction while a majority of members
of that advisory body are present. An advisory body may direct one of its members
to appear at a public Council meeting to express that advisory body’s perspective
on a particular matter reviewed by the advisory body or answer questions from the
Council.
July 22, 2025 54
6.3.2 COUNCIL AGENDA REPORTS
6.3.2.1 Recommendation Differences. For those occasions when the
City Manager recommendation differs from an advisory body
recommendation, the difference should be clearly noted and the
recommendations from the advisory body should be included in
the staff report.
6.3.2.2 The City Council will meet as determined necessary by the
majority of Councilmembers with each of its advisory bodies or
the chair of the advisory body.
6.3.3 COUNCIL MEETINGS
6.3.3.1 Advisory bodies will provide written or oral reports to the City
Council as requested by the Council and in accordance with the
Brown Act.
6.4 ROLE OF CITY STAFF PERSONS
Staff support and assistance may be provided or made available, but advisory
bodies do not have supervisory authority over City employees, nor the ability to
direct staff’s work. While they may work closely with advisory bodies, staff
members remain responsible to their immediate supervisors and ultimately to the
City Manager, who is responsible to the Council. The members are responsible for
the constructive participation with the advisory body and the chairperson is
responsible for committee compliance with applicable policies and procedures.
Staff support includes preparation of a summary agenda in conjunction with the
Chairperson, and preparation of agenda reports providing a brief background of the
issue, a list of alternatives, recommendations, fiscal impact (if any), and appropriate
backup material, if necessary. Members of advisory bodies are volunteers and
should be treated with respect and courtesy. Advisory body members should have
sufficient information to reach decisions based upon a clear explanation of the
issues within their charge. Sometimes members of advisory bodies may request
information not related to their area of service. Staff members should, in that case,
provide the same level of information and assistance as would be accorded any
citizen. If in the judgment of staff, the request goes beyond that standard, then the
matter will be turned over to the City Manager. A staff person will be assigned to
serve as Secretary, taking minutes as needed.
It is important that advisory bodies wishing to communicate with the City Council
do so through adopted or approved Council agenda procedures. Staff members
shall assist the advising body to insure appropriate review and that City and State
legislation is complied with.
July 22, 2025 55
6.5 APPOINTMENT PROCEDURES
The following procedures shall be the policy of the City Council in regard to
appointment of volunteer citizens to the various advisory bodies of the City.
6.5.1 PURPOSE
The purpose of establishing these procedures shall be to insure well-qualified,
responsible and willing citizens are given the opportunity to serve the City and
participate in the governing of their community. These procedures will apply to all
appointments and reappointments to standing advisory bodies. All Advisory Body
Members serve at the pleasure of the City Council.
6.6 PROCESS
6.6.1 QUALIFICATIONS
6.6.1.1 The applicant must be a resident and registered voter of the City
at the time and during the entire term of appointment, unless
excepted by State law or Council-approved special requirements
in advisory committee by-laws.
6.6.1.1.1 The applicant must be at least 18 years of age at the
time of appointment; provided, that the Council may
appoint one area high school student to an advisory
body, if allowed by the Advisory Body By-Laws and
they meet the other qualification requirements.
6.6.1.1.2 Elected Officials, Officers and Employees of the City
of Morro Bay shall not be considered for
appointment, unless otherwise approved
unanimously by the City Council.
6.6.2 TERMS
6.6.2.1 The term of office for each appointee to an advisory body shall
be a maximum of four years unless excepted by State law or
Council-approved special requirements in advisory committee
by-laws. The terms are staggered so that in no event, will all
terms on any committee expire in the same year. Incumbents
may apply for subsequent terms of service. Terms of Office will
expire on January 31, of the specified year.
6.6.2.2 Persons appointed to fill the remainder of a vacated office term
may reapply to serve on the same advisory body.
July 22, 2025 56
6.6.2.3 Mid-term appointment to a vacant seat shall not preclude the
appointee from serving additional terms.
6.6.2.4 As a general policy, an applicant shall not be appointed to serve
on more than one advisory body, except that a member may also
serve on one technical or special-purpose committee at the same
time. If appointed to another committee, then he/she will be
expected to resign from one body upon being appointed to
another. The City Council retains the discretion to make
exceptions to this policy.
6.6.3 PROCESS
6.6.3.1 Applications are obtained and filed with the City Clerk’s Office.
6.6.3.2 Prior to November 30, of each year, the City Clerk shall advise
the City Council of the terms that are due to expire on each
advisory board. The City Clerk shall also notify each advisory
member whose term is due to expire. Each of these members
shall be given the opportunity to apply for reappointment.
6.6.3.3 The City Clerk shall then place an advertisement in the local
newspaper, inviting citizens to apply for consideration as an
appointment to an advisory board, with instructions regarding
the application process.
6.6.3.4 It is recommended that applicants attend at least one meeting of
the advisory body applied for prior to the interview with the City
Council.
6.6.3.5 The City Council shall, in a noticed public meeting, interview
qualified applicants. In making appointments, the Council shall
strive for a representative cross-section of both lay and
professional knowledge. The Council will act by separate
motion on each appointment made. If there are multiple
openings for a specific advisory body, the start and end dates for
the respective openings will be communicated to applicants.
6.6.3.6 In the event there are more qualified applicants than openings for
an advisory body, the City Council at its sole discretion may
appoint qualified applicant(s) on an alternate or standby status for
an interim 3-6-month period. Any such applicant designated as
an alternative advisory body member would not participate in
advisory body meetings, but could subsequently be appointed as
a regular advisory body member if a vacancy occurs within the
stated 3-6-month period.
July 22, 2025 57
6.6.3.7 The applications of those not appointed will be held for up to one
year for consideration in the event of future vacancies.
6.6.3.8 Candidates not appearing for interview before the City Council
will be considered for appointment only upon a finding of the
City Council by motion the absence arose from excusable neglect
or personal difficulties.
July 22, 2025 58
July 22, 2025 59
CHAPTER SEVEN
COUNCIL CONFIDENTIALITY POLICY
7.1 PURPOSE AND PROHIBITION AGAINST DISCLOSURE
7.1.1 PURPOSE AND INTENT
In order to keep the City Council fully informed about pertinent legal issues
that may impact the City Council’s decision-making, the City Attorney and
other attorneys retained to represent the City issue confidential legal
opinions and/or conducts closed sessions when authorized to do so by the
Brown Act. Unauthorized disclosures of confidential information obtained
from such confidential communications harm the City by compromising the
City’s negotiating positions, diminishing the willingness of City staff and
other Council Members to communicate fully and frankly with the City
Attorney, and exposing the City to unwarranted litigation risks and
significant damages awards against the City. It is the intent of the Council
that the City’s confidential information shall be maintained inviolate and
that unauthorized disclosures of such information be deterred and/or
censured.
7.1.2 PROHIBITION AGAINST DISCLOSURE
No person in receipt of Confidential Information, as defined herein, shall
disclose or cause to be disclosed all or part of any confidential information
to any unauthorized person.
7.2 PUBLIC CENSURE FOR UNAUTHORIZED DISCLOSURE
Any Council Member disclosing, or causing to be disclosed, confidential
information to any unauthorized person may be subject to public censure by the
City Council. Any censure proceeding shall be conducted in accordance with a
process established by the City Council and shall, at a minimum, ensure that no
public censure will occur unless the accused Council Member has been provided
with notice of the accusation of unauthorized disclosure, the facts supporting such
accusation, and an opportunity to be heard regarding the allegations.
7.3 DEFINITIONS
7.3.1 CAUSE TO BE DISCLOSED
Failure to exercise due care in maintaining the confidentiality of the
Confidential Information, whether verbal or written.
July 22, 2025 60
7.3.2 CONFIDENTIAL INFORMATION
7.3.2.1 Any information within the scope of a duly authorized closed
session, whether provided orally or in writing, by any attorney, consultant,
staff member or Council Member acting within the scope of the closed
session (See Gov’t. Code Section 54963), or
7.3.2.2 Any oral or written communications by or from the City Attorney,
Assistant City Attorney, or any retained counsel representing the City’s
legal interests containing the attorney’s legal opinions, advice, thoughts,
mental impressions or conclusions that are given on behalf of the City.
7.3.2.3 Confidential Information does not include information that is
required by law to be reported out of closed session, authorized to be
disclosed by a majority vote of the City Council, or otherwise authorized to
be disclosed under the law.
7.3.3 UNAUTHORIZED PERSON
7.3.3.1 With respect to confidential information communicated during a
closed session, any person, other than a Council Member, not in attendance
at the closed session, or
7.3.3.2 Any person to whom the oral or written confidential information is
not directed or addressed, or
7.3.3.3 Any person who has a disqualifying conflict of interest in the subject
matter of the confidential information.
7.3.3.4 Unauthorized person does not include department heads or staff,
when such person have a need to know the confidential information in order
to discharge the duties of their position for the benefit of the City.
July 22, 2025 61
CHAPTER EIGHT
ENFORCEMENT
8.1 PURPOSE
The Council Policies and Procedures (“Policy”) establishes guiding principles for
appropriate conduct and behavior and sets forth the expectations of Council
Members. In order to deter violations of law and serious violations of adopted City
policies, the City Council may take formal action against its members for such
misconduct. The purpose of this section is to establish a process and procedure
that:
a. Allows the public, City Council, and City employees to report Policy
violations and other misconduct, and
b. Provides guidelines to evaluate Policy violations and other misconduct and
implements appropriate disciplinary action, when necessary.
8.2 PROCEDURES
8.2.1 Reporting of Complaints. The following section outlines the process for
reporting Council Member Policy violations or other misconduct.
a. Complaints made by members of the public, the City Manager, and
City Attorney should be reported to the Mayor. If a complaint
involves the Mayor, it should be reported to the Mayor Pro Tem.
b. Complaints made by Council Members should be reported to the
City Manager or City Attorney to adhere to Brown Act
requirements.
c. Complaints made by City employees should be reported to the City
Manager, who will direct them to the Mayor or Mayor Pro Tem.
8.2.2 Evaluation of Complaints Alleging violations. Upon report of a written
complaint, the City Manager and City Attorney will join the Mayor or
Mayor Pro Tem as an evaluation committee to determine the validity of the
complaint and, if appropriate, an initial course of action as discussed below.
If the City Manager or City Attorney is the complainant, the longest serving
uninvolved Council Member will replace the City Manager or City Attorney
on the evaluation committee.
Within seventy-two (72) hours of receipt of the complaint by the Mayor or
Mayor Pro Tem, the Council Member in question shall be notified of the
reported complaint by the Mayor or their designee. The notification shall
include a copy of the written complaint and supporting documentation, if
any, the identity of the complainant, and nature of the complaint.
July 22, 2025 62
8.2.3 Unsupported or Minor Violations. If a majority of the committee agrees
that the reported violation is without substance, no further action will be
taken. If the reported violation is deemed valid but minor in nature, the
Mayor or Mayor Pro Tem shall counsel and, if appropriate, admonish the
Council Member privately to resolve the manner. Admonishment is
considered to be a reproof or warning directed to a Council Member about
a particular type of behavior that violates City policy.
8.2.4 Allegations of Major Violations. If the reported violation is considered to
be serious in nature, the matter shall be referred to outside legal counsel
selected by the committee for the purpose of conducting an initial interview
with the subject Council Member. The outside counsel shall report their
initial findings back to the committee.
If the committee then determines that an investigation is warranted, the
committee shall direct the outside legal counsel to conduct an investigation.
The investigation process would include but is not limited to, the
ascertainment of facts relevant to the complaint through interviews and the
examination of any documented materials.
8.2.5 Report of Findings. At the conclusion of the investigation, outside legal
counsel shall report back to the committee in writing. The report shall either
(1) recommend that the Council Member be exonerated based on a finding
that the investigation did not reveal evidence of a serious violation of the
Council Policies & Procedures, or (2) recommend disciplinary proceedings
based on findings that one or more provisions of the Council Policies &
Procedures or other City policies have been violated. In the latter event, the
report shall specify the provisions violated along with the facts and evidence
supporting each finding.
The Committee shall review the report and its recommendations. If the
consensus of the Committee is to accept the report and recommendations,
the committee shall implement the recommendations. Where the
recommendation is to exonerate, no further action shall be taken. Where
the recommendation is to initiate disciplinary proceedings, the matter shall
be referred to the Council. Where there is no consensus of the committee
regarding the recommendation, the matter shall be referred to the Council.
The subject Council Member shall be notified in writing of the committee’s
decision within 72 hours. Where the decision is to refer the matter to the
Council, a copy of the full report, including documents relied on by the
investigator shall be provided with the notification, and a copy of both shall
be provided to the whole Council.
8.2.6 Proceedings. Investigative findings and recommended proceedings and
disciplinary action that are brought forward to Council as a result of a
significant policy violation shall be considered at a public hearing. The
July 22, 2025 63
public hearing should be set far enough in advance to allow the Council
Member in question reasonably sufficient time to prepare a response.
Investigative findings shall be presented to the City Council at a public
hearing. The rules of evidence do not apply to the public hearing. It shall
not be conducted as an adversarial proceeding.
8.3 DISCIPLINARY ACTION
8.3.1 Considerations in Determining Disciplinary Action. Disciplinary action
may be imposed by Council upon Council Members who have violated the
Council Policies & Procedures. Disciplinary action or sanctions are
considered when a serious violation of City policy has occurred by a
Council Member. In determining the type of sanction imposed, the
following factors may be considered.
a. Nature of the violation
b. Prior violations by the same individual
c. Other factors which bear upon the seriousness of the violation
8.3.2 Types of Sanctions. At the discretion of the Council, sanctions may be
imposed for violating the Council Policies & Procedures or engaging in
other misconduct. These actions may be applied individually or in
combination. They include, but are not limited to:
a. Public Admonishment. A reproof or warning directed to a Council
Member about a particular type of behavior that violates City policy.
b. Revocation of Special Privileges. A revocation of a Council
Member’s Council Committee assignments, including standing and
ad hoc committees, regional boards and commissions, and
community-generated board/committee appointments. Other
revocations may include temporary suspension of official travel,
conference participation, and ceremonial titles.
c. Censure. A formal statement or resolution by the Council officially
reprimanding a Council Member.
Reso 44-25 Council Policies and Procedures
Update
Final Audit Report 2025-07-24
Created:2025-07-24
By:Dana Swanson (dswanson@morrobayca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAABIuSA09SQLsAOaEMS1PaDOegwK88QDoW
"Reso 44-25 Council Policies and Procedures Update" History
Document created by Dana Swanson (dswanson@morrobayca.gov)
2025-07-24 - 8:10:24 PM GMT
Document emailed to cwixom@morrobayca.gov for signature
2025-07-24 - 8:10:59 PM GMT
Email viewed by cwixom@morrobayca.gov
2025-07-24 - 11:09:49 PM GMT
Signer cwixom@morrobayca.gov entered name at signing as Carla Wixom
2025-07-24 - 11:13:12 PM GMT
Document e-signed by Carla Wixom (cwixom@morrobayca.gov)
Signature Date: 2025-07-24 - 11:13:14 PM GMT - Time Source: server
Document emailed to Dana Swanson (dswanson@morrobayca.gov) for signature
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Email viewed by Dana Swanson (dswanson@morrobayca.gov)
2025-07-24 - 11:18:19 PM GMT
Document e-signed by Dana Swanson (dswanson@morrobayca.gov)
Signature Date: 2025-07-24 - 11:18:28 PM GMT - Time Source: server
Agreement completed.
2025-07-24 - 11:18:28 PM GMT