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SUPPLEMENTAL ORANGE COUNTY BOARD OF…

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Pages: 12
Language: english
Created: Mon Apr 21 11:15:25 2008
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                 SUPPLEMENTAL
       ORANGE COUNTY BOARD OF SUPERVISORS
               RULES OF PROCEDURE
                                      January 17, 2008




    The following supplemental includes various Rules of Procedure that have been added or
    amended since the last formal amendment, December 2006. This supplemental document
   includes legislative changes and Chairman Rule amendments. The Clerk of the Board will
       incorporate these changes into the December 2008 Rules of Procedure Amendment.
              Only the added or amended Rules will be stated in this Supplemental.




                                      January 22, 2008




1/17/08 Update                            1
Rule 17          Incomplete/Late Agenda Items and/or Back-Up Materials

                 Agenda items are to be submitted to the CEO's Office complete with all

                 attachments and back-up materials and meeting the filing requirements in Rule

                 16. Any item that does not have the agenda item and all back up materials timely

                 filed will be placed on the next regularly scheduled meeting         by the Clerk.

                 Exceptions may only be granted in writing by the CEO with written concurrence

                 by the Chair. Late items and/or back-up material will be received by the Clerk no

                 later than the deadline for revised material in Rule 18 unless authorized in writing

                 by the Chair. This rule is to be distinguished from supplemental items, which are

                 covered by Rule 21.




Rule 18          Revisions to Recommended Action and/or New or Revised
                 Information/Documents After Filing

                 If the originating Department/Agency desires to revise any recommended action

                 and/or add new or revised information/documents to an agenda item after the item

                 has been filed with the Clerk, it is their responsibility to first obtain CEO

                 approval. If the CEO approves the addition/revision, the Clerk must be receive

                 the recommended change, using the appropriate ASR revision memo, no later

                 than 4:00 p.m., Thursday before the Board meeting at which the item is to be

                 considered.



                 The Clerk will ensure that the additional or revised recommended action, agenda

                 information/document(s) is distributed to the Board offices, CEO, County

                 Counsel, Grand Jury, and public viewing area no later than 10:00 a.m. Friday

                 preceding the meeting at which the item is to be considered. The Clerk will


1/17/08 Update                                2
                 further ensure that the new or revised information is uploaded to the Internet

                 Meeting Agenda materials in a timely manner.



                 If the Clerk has received the written revision to a recommended action prior to

                 above deadline, a motion to adopt the recommended action shall be deemed a

                 motion to adopt the most recent revised recommended action. The Clerk, at the

                 time of the meeting, will note for the record that the recommended action has

                 been modified from its original submission when appropriate.



Rule 19          Supplemental Correspondence and Information Prior to Board
                 Meeting and During the Board Meeting

                       After Initial Agenda Distribution and Prior to the Meeting Rule - Agenda

                       materials distributed, via mail, email, or hand delivered by the public to a

                       majority of the Board or their staff that is distributed or redistributed to

                       another County employee, must be concurrently distributed to the Clerk of

                       the Board for public review.

                       After Initial Agenda Distribution and Prior to the Meeting Rule - Agenda

                       materials distributed, via mail, email, or hand delivery by any County

                       employee, including distribution of any material by the Board Member or

                       their staff to a majority of the Board or their staff must concurrently send a

                       copy to the Clerk of the Board for public review.

                       At the Meeting Rule - Documents, including PowerPoint handouts

                       distributed to Board Members by County employees or Board Members

                       themselves at the meeting must provide 20 copies to the Clerk for

                       distribution to each Board Member, CEO, County Counsel, Clerk of the

                       Board and the ability to distribute to the general public if requested

1/17/08 Update                                 3
                 concurrently. If you anticipate large numbers of the public to attend the

                 Board Meeting on a matter and you are going to be handing out new

                 information to the Board Members, then you should increase the number of

                 copies that you bring to anticipate the number needed for the public.

                 PowerPoint Presentations ­ In addition to providing 20 paper copies at the

                 meeting, departments shall provide an electronic copy of the presentation

                 to the Board Members' Chiefs of Staff and to the Clerk no later 9:00 a.m.

                 Monday, the day before the Board meeting.




1/17/08 Update                         4
CHAPTER V
The Agenda

Rule 20          Requirements

                 The Clerk shall prepare an agenda for each Tuesday meeting for delivery to each

                 Board office, the CEO, County Counsel and the Grand Jury on the prior

                 Wednesday before noon. The agenda shall contain a brief general description of

                 each item to be discussed or transacted at the meeting to which the agenda applies

                 and shall include the full title of any ordinance proposed for adoption. The

                 agenda shall indicate the time and location of the meeting and shall be posted by

                 the Clerk as required by law. The agenda shall include the physical address of the

                 Clerk where the public can obtain all documents/information relating to an agenda

                 item as well as the Internet location of the meeting agenda and materials.



                 The Clerk shall arrange items to be discussed by the Board under the following

                 agenda headings: Consent Calendar, Discussion Calendar, Public Hearings and

                 Closed Sessions.



                 The Clerk, unless otherwise directed by the Chair, shall place or cause to be

                 continued all special vote matters not able to be considered at a regular Tuesday

                 meeting due to the absence of a minimum number of members necessary to

                 approve the item on the next succeeding regular meeting's agenda. ("Special vote

                 matters" are those that require a supermajority for passage.)




1/17/08 Update                                 5
                 The Clerk shall also place all Board Directives scheduled for a date certain on the

                 appropriate agenda. No department may continue or delete a scheduled directive

                 without the written consent of the Chair.



Rule 21          Supplemental Agenda Items

                 Supplemental Agenda items shall be kept to a minimum. With the exception of

                 closed sessions requested by the County Counsel or administrative errors/actions

                 placed by the Clerk, any supplemental item must be concurred by the CEO,

                 approved in writing by the Chair and received by the Clerk no later than 4:00 p.m,

                 the Thursday before the Board meeting at which it will be considered. Board

                 members and County Department/Agency heads should use the following

                 justification criteria when requesting approval of a supplemental item:

                 (a)    The item is based upon facts that were not known, nor with the exercise of

                        reasonable diligence could have been known, in sufficient time to meet the

                        ordinary agenda deadline date and hardship will likely result if the

                        supplemental is not agendized and heard. Items of economic and financial

                        hardship will be given priority consideration.



                 (b)    The item requires immediate action to avert a crippling disaster, work

                        stoppage or other activity that may severely impair public health, safety,

                        or both.



                 All supplemental items will be placed on the agenda at the conclusion of the

                 discussion calendar or public hearings if required.




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                 The Clerk shall distribute the supplemental items to the Board offices, CEO,

                 County Counsel and Grand Jury no later than 10:00 a.m. the Friday preceding the

                 Board meeting at which the matter will be considered.



Rule 22          Deletions; Continuances

                 Any member of the Board may direct the Clerk to delete or continue any item

                 from the agenda, except those items that are filed by another Board member, up

                 to 10:00 a.m. Friday of the week preceding the meeting at which the item is

                 scheduled to be considered. The originator of any item on the Board's agenda, or

                 the CEO on behalf of any department under his jurisdiction, may direct its

                 deletion or continuation to a date certain by the Clerk at any time prior to the

                 meeting at which it is scheduled to be considered.



Rule 27          Resolutions and Proclamations Usage By Board Members

                 Resolutions: A Board resolution should only be placed on the Board agenda for

                 consideration by the entire Board if the organization's or individual's achievement

                 is of direct benefit to the entire County. The Clerk will work with County

                 Counsel and Board offices to ensure placement of resolutions on the agenda meet

                 the intent of this Rule.

                 Proclamations:     Proclamations should be used to commend individuals and

                 organizations that are one or two district specific.

                 To expedite the order of business, requests to present a resolution or proclamation

                 at a Board Meeting shall be approved by the Chair prior to placement on the

                 agenda by the Clerk. The Chair will make every effort to minimize the number of

                 presentations on any one agenda and will encourage members to make their

                 presentations at the appropriate community function.
1/17/08 Update                                 7
Rule 29          Consent/Discussion Calendar Items

                 All items listed under Consent Calendar on the Board's agenda will be enacted by

                 one motion for unanimous approval of the recommended actions contained in the

                 agenda item recommendation section, or as revised pursuant to Rule 18, above.

                 There will be no separate discussion of these items prior to the time the Board

                 votes on the motion unless any member of the Board or the public requests

                 removal of specific items from the Consent Calendar for separate discussion and

                 action.



                 Members of the public who wish to discuss a Consent Calendar item should

                 complete a speaker request form and deliver it to the Clerk prior to

                 commencement of the meeting. The Clerk will advise the Board of such request

                 prior to the vote approving the consent calendar.



                 Any Board member may ask the Clerk to record a "no" or "abstention" vote on

                 any consent calendar item during the course of the meeting.



                 Consent items consist of items that are normally routine in nature and that do not

                 require individual consideration. Such items may be moved from the Consent

                 Calendar to Discussion for separate consideration at the request of a Supervisor,

                 staff member or the public.



   The following budgeted matters are appropriate for the Consent Calendar:
                    ·      Equipment purchases less than $500,000

                    ·      Service purchases of less than $500,000

                    ·      Position classification changes
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                     ·   Receipt of pre-authorized or reoccurring grants

                     ·   New grants under $500,000 which have been budgeted

                     ·   Agreements/contracts or extensions/amendments/change orders to contracts

                         which do not individually or cumulatively exceed $500,000

                     ·   Bid Opening requests and approval of related plans and specifications

                     ·   The setting of a public hearing

                     ·   All Tract Maps

                     ·   Unbudgeted expenditure which is absorbed within existing budget and is under

                         $100,000

                     ·   Public Works project change orders that are $100,000 or less regardless of the

                         cumulative project cost



                 Discussion Calendar ­ Items that require separate discussion and/or action, including, but

                 not limited to:

                     ·   Any new program or change in policy

                     ·   Agreements/contracts or amendments/extensions/change orders, with the

                         exception of Public Works change orders noted above, that individually or

                         cumulatively exceed $500,000

                     ·   Requests of new or unbudgeted positions

                     ·   New fees and/or fee increases (Note: usually requires a published notice of

                         hearing)

                     ·   Consideration of new policy or changes in policy, initiated locally or by

                         legislation

                     ·   Items that require the Board to make a selection from a list/slate of firms or to

                         select from a range of options that do not have a recommended selection by staff

                     ·   Introduction, reading and adoption of a proposed ordinance (State law)

                     ·   Supplemental agenda items

                     ·   Receipt of new grants that exceed $500,000
1/17/08 Update                                     9
                    ·    Unbudgeted expenditure that is absorbed within existing budget and that is or

                         exceeds $100,000

                    ·    Any unbudgeted expenditure that cannot be absorbed within existing budget and

                         requires an appropriation

                    ·    All Declaration of Emergencies and Status Report Updates on the need for

                         continuation of Declaration/Termination of Emergency

                    ·    All contract solicitation by RFP for firm selection by the Board regardless of

                         dollar amount

Sole Source Agreements - ASRs requesting sole source agreements should contain the justification for

sole source within the background information. A copy of the sole source justification should also be

uploaded with the ASR.

Agreement Contingency Requests ­ ASRs that contain a contingency increase should contain the need

for such contingency within the background information.

Specialty Updates/Reports ­ The Board may designate certain types of reports/updates that require

routine late submission to ensure they cover the most current, up-to-date information. These reports

include: The weekly legislative report, the weekly grants report, any status report on a Board declared

emergency, and the Statement of Votes following an election. The deadline for these reports are 4:00

p.m. Thursday preceding the Board meeting at which they will be considered. The Clerk will ensure

distribution by 10:00 a.m. Friday.

Department PowerPoint Presentation ­ See Rule 19



Rule 44          Use of Speaker's Request Form

                 Members of the public who wish to discuss a consent, discussion, or public

                 hearing item should complete a speaker request form and deposit it with the Clerk

                 prior to the Clerk's reading of the agenda item. The Clerk will then advise the

                 Board of such request prior to the vote approving the item.




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                 Any individual member of the public may either: (a) pull a maximum of three items from

                 the consent calendar for discussion and separate vote, and may speak to each item for no

                 longer than three minutes prior to the vote on the item. Individuals may only speak on the

                 items on which they submit a written request to pull the item from the consent calendar

                 for discussion and separate vote, regardless of whether other individuals also submit a

                 written request to pull the same item, or (b) pull any number of items, greater than three,

                 from the consent calendar for discussion and separate vote, and may speak to all such

                 items for an aggregate total of not more than ten minutes prior to the vote on the final

                 item pulled, or (c) speak to a total of seven (7) items from the entire agenda (consent,

                 discussion, public hearings, public comments) for comments not to exceed a TOTAL of

                 20 minutes



Rule 46          Addressing the Board
                 At the appropriate time, the Chair or the Clerk will call the names of members of

                 the public desiring to address the Board. After approaching the lectern, the

                 speaker shall announce the speaker's name and city of residence for the audio

                 record.



                 All remarks and questions shall be addressed to the Board as a whole and not to

                 any individual Board member. No question shall be asked of any Board or staff

                 member without first obtaining permission of the Chair. Each person who

                 addresses the Board shall refrain from making personal, impertinent, slanderous

                 or profane remarks to any member of the Board, staff or the general public. Any

                 person who makes such remarks, or who utters loud, threatening, personal or

                 abusive language, or engages in any other disorderly conduct which disrupts,

                 disturbs or otherwise impedes the orderly conduct of any Board meeting shall, at

                 the discretion of the Chair, or a majority of the members, be barred from further
1/17/08 Update                                  11
                 addressing the Board at the meeting. If such conduct thereafter continues so as to

                 disrupt the orderly conduct of the public's business, the Chair shall order the

                 person removed from the meeting room. Aggravated cases may be prosecuted on

                 appropriate complaint signed by the Chair, a member of the Board or any other

                 County representative.



                 For purposes of this Rule, a speaker will be deemed to "disrupt" a Board meeting

                 by speaking too long beyond the limit set by these Rules or the Chair, by being

                 unduly repetitious, by extended discussion of irrelevancies, or by violating the

                 requirements of Rule 44.




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