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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
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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
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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
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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.
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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.)
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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.
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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
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· 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
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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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