Ord 2001-3891
ORDINANCE NO. 38
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT AMENDING THE
OPERATIONS CODE AND ESTABLISHING
PROCEDURES FOR PUBLIC MEETINGS
WHEREAS, the Board of Directors desires to allow the public to have
input into decisions by the Board and recognizes that the public has a right to
speak on issues that are within the subject matter jurisdiction of the District; and
WHEREAS, a Board meeting is a "limited public forum" in which public
business must be conducted within time limits and within rules that provide for an
orderly meeting;
NOW, THEREFORE, the Board does hereby ORDAIN as follows:
Section 1. That Section 3.01.073 is hereby added to the District's Operations
Code to read:
"Section 3.01.073. Parliamentary Matters. The Board may only take action at
a duly authorized meeting. A motion, followed by a second, shall be the usual
method to bring a matter before the Board for action. Roberts' Rules of Order
may be used as a guide but shall not be binding."
Section 2. That Section 3.01.075 of the District's Operations Code is hereby
amended to read:
"Section 3.01.075. General Public Meeting Rules. (a) Any person desiring to
address the Board shall only speak when recognized by the presiding officer.
Persons should address their comments to the presiding officer and not to
other Board members or staff. The Board and staff should likewise not
engage in a dialogue with a member of the public without first securing the
permission of the presiding officer. Cross - examination of the Board or staff is
not allowed. If a speaker has questions, he should state those questions as
part of his presentation. After he has completed his presentation the presiding
officer shall determine if a response is required and who should respond.
Alternatively, the presiding officer may direct that a staff person meet with the
speaker at a later time to address the areas of inquiry.
(b) A public meeting is a limited public forum and remarks must be
related to the subject matter over which the District has jurisdiction.
Irrelevant speech may be ruled out of order..
(c) Time limits for speakers may be established.
(d) All speakers and the Board must preserve order and decorum and
no profanity or indecorous language or personalities shall be allowed.
(e) No person shall be allowed to approach the Board dais but shall
submit materials to the Board by handing those items to the District Clerk.
(� The Board may appoint a sergeant at arms. The presiding officer
may clear the meeting for disruptions to the meeting, in accordance with the
Brown Act. Additionally, Penal Code Section 403 makes it a misdemeanor to
willfully disrupt a public meeting."
Section 3. Should any part, clause or section of this Ordinance be declared by
any Court of competent jurisdiction to be invalid, the remaining provisions of this
Ordinance shall nevertheless be and remain in full force and effect and the Board of
Directors of the Costa Mesa Sanitary District of Orange County, California, hereby
declares that each and every section, clause, provision or part of this Ordinance
would have been adopted and made a part of this Ordinance without the adoption of
any portion thereof and that the invalidity of any part or provision hereof shall not in
any way affect the validity or enforcement of the remaining provisions of this
Ordinance that may stand on their own.
Section 4. Pursuant to Health and Safety Code Sections 6490 and 6491.3, the
Clerk shall cause this ordinance or a summary thereof to be published in a newspaper
of general circulation printed and published in the District according to law and it
shall take effect upon the expiration of one week after publication.
PASSED and ADOPTED this /%&, day of dt jtj ,, r. 2001.
Secrm'",T j President
STATE OF CALIFORNIA)
COUNTY OF ORANGE) SS
CITY OF COSTA MESA )
I, JOAN REVAK, Clerk of the Costa Mesa Sanitary District, hereby certify that
the above and foregoing Ordinance No. 38 , was duly and regularly passed and
adopted by said Board of Directors at a regular meeting thereof, held on the L3`'_'
day of September 2001, by the following vote:
AYES: Arlene Schafer, Greg Woodside, Art Perry, Jim Ferryman
NOES:
ABSENT: Dan Worthington
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
seal of the Costa Mesa Sanitary District, this 8V, day of 61,�w 2001.
Clerk of e Costa'Mes.a Sanitary District