§ 36.31 ORDER AND DECORUM.
   (A)   The Council commits itself and its members to ethical, businesslike and lawful conduct, including proper use of authority and appropriate decorum when acting as Council members. Accordingly:
      (1)   Council members will represent the interests of the citizens of the entire city. This accountability to the whole city supersedes:
         (a)   Any conflicting loyalty a member may have to other advocacy or interest groups;
         (b)   Loyalty based upon membership on other councils or staffs;
         (c)   Conflicts based upon the personal interest of any Council member;
         (d)   Conflicts based upon being a relative of an employee of the city; and
         (e)   Any other conflicts of interest as outlined by the State Standards and Practices Commission.
      (2)   Council members will not attempt to exercise individual authority over the organization.
      (3)   Council members may not attempt to exercise individual authority over the organization. As such:
         (a)   Council member interaction with the City Manager, City Recorder or with staff must recognize the lack of authority vested in individuals except when explicitly authorized by the Council; and
         (b)   Council member interaction with the public, press or other entities must recognize the same limitation and the inability of any Council member to speak for the Council except to repeat explicitly stated Council decisions.
      (4)   Council members shall maintain confidentiality appropriate to sensitive issues and information that otherwise may tend to compromise the integrity or legal standing of the Council and/or city, especially those matters discussed in closed session.
   (B)   The job of the Council is to represent the citizens and taxpayers and to lead the city by determining and requiring appropriate and excellent organizational performance.
      (1)   To distinguish the Council’s own unique job from the jobs of the City Manager and staff, the Council will concentrate its efforts on the following:
         (a)   Determining and using proactive strategies to ensure constructive two-way dialogue for input from staff and citizens as a means to link the entire city around goal achievement;
         (b)   Developing written policies which, at the broadest levels, address:
            1.   Council process policies: how the Council will conceive, carry out and monitor its own work;
            2.   Council/executive relationship policies: how authority is delegated and its proper use monitored; the City Manager role, the City Recorder role and their authority and accountability (see Appendix A, which may be amended by resolution);
            3.   Executive accountability policies: constraints on executive authority which establish the practical, ethical and legal boundaries within which all staff activity and decision-making will take place and be monitored (see Appendix B, which may be amended by resolution); and
            4.   Strategic direction policies: what the Council intends for the city to achieve (see Appendix C, which may be amended by resolution).
         (c)   Ensuring City Manager performance by monitoring of the annual performance plan;
         (d)   Ensuring City Recorder performance by monitoring of the City Recorder’s annual performance plan objectives; and
         (e)   Ensuring that the annual performance plan is the focus of organizational performance.
      (2)   Unless expressly stated otherwise, nothing in this or any other City Council rule or policy shall change any collective bargaining agreement, employment contract or “at-will” employment of any city employee.
   (C)   (1)   Actions which cause the Council or general public to be unable to comfortably hear, see or breathe; to experience unwelcomed physical contact; or pose any threat to the health, welfare or safety of attendees, shall be sufficient cause for the sergeant-at-arms, at the direction of the Chair, to remove a person from the Council chambers or meeting hall for the duration of the meeting. These actions may include but are not limited to:
         (a)   The use of unreasonably loud or disruptive language;
         (b)   Making loud or disruptive noises, flashes or light;
         (c)   Engaging in violent or distractive actions;
         (d)   The willful injury to city property of any kind;
         (e)   Refusal to obey any rules of conduct provided within this chapter, including limitation on occupancy or seating capacity;
         (f)   Refusal to obey an order of the presiding officer; or
         (g)   Refusal to obey an order by a Council member, which has been approved by a majority of the Council members present.
      (2)   In division (A)(1) of this section, UNREASONABLY LOUD OR DISRUPTIVE means any noise, light, odor or conduct that intentionally or negligently disrupts or obstructs the ability of one or more Councilors to receive any communication from another during work or conduct of the business of the Council.
   (D)   Before the sergeant-at-arms is directed to remove a person(s) from the Council chambers or meeting place for conduct described in division (B) of this section, that person shall be given warning by the presiding officer to cease his or her disruptive conduct, unless the conduct poses an immediate threat to the health, welfare or safety of any person or city property.
   (E)   If a meeting is disrupted by members of the audience, a majority of the Council members present may order that the Council chamber or meeting hall be cleared. (State public meeting law will still apply. This will not allow the Council to deliberate toward a decision or to hold a closed or executive session except as provided in that law. A recess of the meeting should be considered to allow matters to calm down.)
   (F)   Signs or other devices which obstruct the ability of the Council and the general public to see each other are not allowed, nor shall signs or devices be adhered to the Chamber walls, with the exception of those needed as part of agenda presentations.
(Prior Code, § 30.31) (Ord. 1256a, passed 8-1-2011)