REPORT TO COUNCIL
SUBJECT
Title
Approve Amendments to Council Policy 7.3.10 (Vice Mayor Selection) to Remove the Electronic Voting Requirement
Report
BACKGROUND
This agenda item was scheduled for the November 14, 2023 Council Meeting (RTC No. 23-1017) but was not heard by Council at that time.
Council Policy 7.3.10 (Vice Mayor Selection) was last amended in December 2020 (RTC No. 20-0872) to reflect the City’s transition to a directly elected Mayor. The Policy currently stipulates electronic voting is required for Vice Mayor nominations. When one or more Councilmembers participate in a Council meeting via teleconference California’s open meetings law, the Ralph M. Brown Act, requires Council to use a roll call voting method.
Throughout the COVID-19 Pandemic Council meetings were conducted via teleconference and roll call voting was used exclusively for Council votes, including for the Vice Mayor nomination process.
EXISTING POLICY
Sunnyvale Charter Section 608 (Vice Mayor)
Sunnyvale Charter Section 616 (Proceedings)
Council Policy 7.3.10 (Vice Mayor Selection)
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental, organizational or administrative activity that will not result in direct or indirect changes in the environment.
DISCUSSION
The requirement for electronic voting contained in Council Policy 7.3.10 (Vice Mayor Selection) is inconsistent with the roll call voting method required by the Brown Act when one or more Councilmembers participates in a Council meeting remotely. Eliminating this language would align the Council Policy with state law.
Removing the electronic voting requirement from this policy would not prohibit the Council from using electronic voting for Vice Mayor nomination votes when all Councilmembers are present in person for the vote.
Additional amendments included in Attachment 1 are removing gendered language and other changes as detailed in the attachment.
FISCAL IMPACT
None.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the NOVA Workforce Services reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
ALTERNATIVES
1. Approve amendments to Council Policy 7.3.10 (Vice Mayor Selection) to remove the electronic voting requirement and other amendments as shown in Attachment 1 to the report.
2. Approve amendments to Council Policy 7.3.10 (Vice Mayor Selection) to remove the electronic voting requirement and other amendments as shown in Attachment 1 to the report, with modifications.
3. Other direction as provided by Council.
STAFF RECOMMENDATION
Recommendation
Staff makes no recommendation. This report is being presented to City Council to facilitate discussion at the public hearing and for Council to consider various options related to Council Policy 7.3.10 (Vice Mayor Selection).
Staff
Prepared by: David Carnahan, City Clerk
Reviewed by: Jaqui Guzmán, Deputy City Manager
Reviewed by: Connie Verceles, Deputy City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. Proposed Amended Council Policy 7.3.10 (Vice Mayor Selection)-Redlines
2. Proposed Amended Council Policy 7.3.10 (Vice Mayor Selection)-Clean