REPORT TO GOVERNANCE AND ETHICS COMMITTEE
SUBJECT
Title
Review and Provide Direction to Staff on an Updated Process for Mayor and Council calling a Special Meeting
Report
BACKGROUND
At the Governance and Ethics Committee meeting on March 13, 2023, as part of the 2023 Workplan discussion, the Committee expressed interest to review the process for calling a Special Meeting by the Mayor and City Council.
DISCUSSION
Section 708 of the Charter of the City of Santa Clara ("City Charter") provides that "special meetings may be called at any time by the Mayor or by four members of the City Council in accordance with the Ralph M. Brown Act, specifically Government Code Section 54956."
Government Code Section 54956 outlines the process for making sure the public has adequate notice of a special meeting called by the Mayor or the City Council. It does not, however, dictate a process for how cities administer the request for and scheduling of a special meeting. This is left to the cities themselves.
The City of Santa Clara currently uses a Request to Call and Notice a Special Meeting form, which is submitted to the City Manager and Assistant City Clerk to request a Special Meeting (Attachment 1). While not legally required, the form was created to assist in the administration of scheduling special meetings when proposed by four members of the City Council.
After reviewing the current form and process, the City Manager and City Attorney expressed some potential improvements in the process including upfront consultations with executive staff to determine the necessity and best timing for any proposed special meeting. In addition, although discussing only the scheduling of a special meeting is not out of compliance with the Brown Act, having four councilmember signatures on a form may be perceived as four councilmembers consulting on the special meeting topic in the preparation of the request. This may present potential Brown Act compliance issues. To address thes...
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