REPORT TO COUNCIL
SUBJECT
Title
Approve Amendments to Council Policy 7.3.10 (Vice Mayor Selection) to Remove the Electronic Voting Requirement
Report
BACKGROUND
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 C...
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