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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