SR-10-26-2013-8BCity of it Council Report
Santa Monica'
City Council Meeting: October 26, 2013
Agenda Item: 8—
To: Mayor and City Council
From: Rod Gould, City Manager
Subject: Agenda Management Practices and Council Rules of Order and
Procedure
Recommended Action
Staff recommends that the City Council:
1. Review and comment on the proposal to calendar agenda items for the next
available meeting date.
2. Review and comment on the proposed process to request that items be pulled
from the agenda.
3. Review and comment on the proposed pilot to establish a set time for the Council
to engage in agenda management.
4. Consider adopting the attached resolution amending the Rules of Order and
Procedure for the Conduct of City Council meetings to modify the procedure for
continuing past 11:00 p.m.
5. Repeal Resolution Number 10643 (CCS) which established the present rules.
6. Review and comment on the practice of hearing of continued items.
7. Review and comment on options for scheduling second readings of ordinances
and provide direction to staff.
Executive Summary
Santa Monica's Council meetings are the business meetings of the municipal
corporation. Existing and proposed rules and procedures support effective and efficient
decision - making, transparency, and inclusiveness. Clarifications to the practices and
policies related to preparing the Council meeting agendas, reordering or continuing
items, and scheduling second readings of ordinances would increase transparency and
offer the public a greater degree of certainty. By law, Councilmembers are able to
participate in meetings by teleconference.
Background
Council Rules
The Council rules were most recently revised on May 22, 2008 by adoption of
Resolution #10290, on February 24, 2009 by adoption of Resolution #10382, on
September 14, 2010 by adoption of Resolution #10525, on November 9, 2010 by
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adoption of Resolution #10543 and on December 13, 2011 by adoption of Resolution
#10643. Overtime, the Council has modified, among other things:
® the number of Councilmembers necessary to conduct quasi - judicial hearings
® time limits for speakers
® the order in which items are heard in addition to the time and place for holding
regular meetings
® options to accommodate speakers with special needs
® rules related to security and civility
These changes have helped the meetings become more efficient without forsaking the
public process.
Discussion
Council meeting agendas are prepared by the City Clerk at the direction of the City
Manager, who consults with the Mayor and Mayor Pro Tem. In light of the volume of
items on recent agendas and expected for the foreseeable future, the recent
postponement of complex items due to Councilmember absences, and the need to be
transparent regarding the process of calendaring and hearing items, staff is suggesting
changes to the Council's rules and practices related to agenda management.
Caeendaring Items
In order to keep up with the City's business, staff proposes to calendar items as they
are ready and in the order necessary to keep up with the City's business. Items would
be added to the next agenda unless doing so would make the meeting unmanageable.
In addition, staff would seek to balance content across meeting dates and manage
agendas for overall time. Requests that an item be presented to Council on a specific
date would not be considered by staff.
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Pulling Items
Once an agenda is posted by the City Clerk in accordance with the Brown Act, it cannot
be changed. If staff determines that an item on the posted agenda contains serious
errors or inaccuracies, staff proposes to request that the Council pull the item from the
agenda to allow for additional review or correction. This request would be made during
the Council meeting, at the time the item is called. In such cases, a note would be
added to the agenda to alert the public that staff will request that the item be pulled.
Agenda Management
According to the current rules, the Councilmembers present at any meeting may change
the order of business or continue items by a majority vote of those present. While the
rule exists and is occasionally employed, staff proposes that the Council pilot an
approach that would provide the public with clarity about the process and certainty
about the time the rule would be employed. Therefore, staff proposes that the Council
engage in general agenda management for the evening's meeting upon return from
Closed Session, generally around 6:40 p.m. At this time, the Councilmembers present
would discuss whether to consider all of the agendized items and the order in which to
do so. Based on a majority vote of those present, items would be reordered or
continued to a future date, which may be determined at that time or in the future, based
on the capacity of future agendas. Reordering the agenda or continuing items at the
start of the open portion of the meeting would make the process transparent, offer
certainty, and provide the public as much advance notice of schedule changes as
possible. If the pilot goes well, staff would return to Council to incorporate the practice of
having a set time for general agenda management into the Council's Rules of Order and
Procedure.
In accordance with Section 614 of the Santa Monica City Charter, four Councilmembers
constitute a quorum for the transaction of business. The Council rules state that in the
case of a quasi - judicial hearing, if only four Councilmembers are participating, the
applicant or appellant shall be entitled to request and receive a continuance of the
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hearing, until such time as five Councilmembers are participating. Staff proposes that
should this occur, the Mayor announce that the Council has acted according to its rules
and that staff will reschedule the item.
Continued Items
Recently, a number of complex items have been continued by the Council to a future
meeting date. When this occurs, it has been the Council's practice to hear the staff
report, take testimony of the people who are present who cannot attend on the future
date, and allow people to hold their testimony until a future date. Additionally, if a
Councilmember is absent, he /she commits to viewing the staff report and any public
comment. When the item is heard at a future meeting, the public hearing is re- opened if
a supplemental staff report has been provided for consideration. Staff recommends that
the Council continue this practice, as it supports timely public debate. Members of the
public would have the opportunity to hear staffs report and comment on the item at the
time it was initially scheduled to be heard as well as have the choice to return if that
time is convenient.
Considering Ordinances
Ordinances, which are the local laws made by the Council, are presented to the Council
twice, first for introduction and first reading, at which time public comment is required,
and then for second reading and adoption. The Council rules allow for ordinances for
second reading and adoption to be placed on the consent calendar if all members of the
Council were present when the vote for first reading and introduction took place and this
vote was unanimous. However, this has not been the common practice. Rather, second
readings and adoptions have been scheduled for the next regular meeting following
their introduction and placed at item 7, Ordinances. The Charter specifies that
Ordinances cannot come back for second reading for five days after the initial reading.
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Staff seeks Council direction regarding the scheduling of second readings for
ordinances that are approved on first reading by a less than unanimous vote. Council
could direct staff to:
• schedule the item for second reading when all Councilmembers will be present
• schedule the item for the next regular meeting
• schedule the item for a certain date
• schedule the item based on other criteria
Staff requests Council direction regarding which, if any, of the above approaches to take
when scheduling second readings, or direction regarding an alternative approach.
Some Councilmembers have remarked that an affirmative vote on first reading, even if
not unanimous, reflects the will of the Council. Therefore, it has been the practice of
some Councilmembers to change their vote during second reading to reflect the will of
the Council. As this is practice, not policy, the outcome of second readings cannot be
predetermined.
Currently, according to Council Rule 12 (g) "A motion to reconsider any legislative
action taken by the City Council may be made only by one of the Councilmembers on
the prevailing side and may be seconded by any Councilmember. Such motion may be
made at any time and shall be debatable. A motion by a non - prevailing Councilmember
or a request by a member of the public for reconsideration may be made only if one
year has passed since the action was taken."
Therefore, if an ordinance fails to be adopted on second reading, a Councilmember may
move to reconsider it. If the Council agrees to reconsider the item, the body would have
the opportunity to vote on the ordinance again. This is the Council's current policy and
practice; staff is not suggesting any changes to the manner in which the Council may
reconsider legislative action.
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Adjournment
In 2008 the Council added a rule that no new item, other than Public Input, shall be
considered after 11:00 p.m., unless consideration is approved by a two - thirds of the
Councilmembers present. Staff proposes to modify the wording of this rule to conform
to the Council's current practice of making a single blanket motion to continue past
11:00 p.m., rather than voting on each item that may be considered after 11:00 p.m.
This change is reflected in the attached resolution (Attachment A), which is a revision of
the Council's Rules of Order and Procedure for the Conduct of City Council Meetings.
Remote Participation in Council Meetings
Pursuant to California Government Code section 54953, the legislative body of a local
agency may use teleconferencing for the benefit of the public and the legislative body of
a local agency. A Councilmember may participate by teleconference when a quorum is
present at the official location, the teleconferencing is noticed, an agenda is posted at
the remote location, and the public has the opportunity to watch and speak at the
remote location (by speaker phone). All votes taken while a Councilmember participates
remotely must be by roll call. On occasion, Councilmembers have been and may be
available to participate in Council meetings but unable to be present at the meeting
location. Should a Councilmember request to participate by teleconference, this option
would be made available to him /her. Staff would notice the meeting appropriately,
ensure that the public has access to the remote location, and use roll call votes. Staff is
not proposing any changes to this practice or that the Council adds a rule regarding it,
as it teleconferencing is already codified in the California Government Code.
U.
Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared by: Danielle Noble, Assistant to the City Manager
Approved:
Rod Gould
City Manager
Attachment: Resolution
rA
Forwarded to Council:
Rod Gould
City Manager
City Council Meeting: October 26, 2013 Santa Monica, California
RESOLUTION NO. (CCS)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING THE RULES OF ORDER AND
PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS AND
REPEALING RESOLUTION NUMBER 10643(CCS)
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS
FOLLOWS:
SECTION 1. The City Council Rules of Order and Procedure are hereby
established as follows:
RULES FOR CITY COUNCIL MEETINGS
Except as otherwise provided by these rules, the City Charter, the Municipal
Code, or applicable provisions of state law, the procedures of the City Council shall be
governed by the latest revised edition of Roberts Rules of Order.
The City Council rules, or any one thereof, may be suspended by a vote of two-
thirds (2/3) of the Councilmembers present.
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Pursuant to the provisions of Section 611 of the Santa Monica City Charter, the
City Council establishes the second and fourth Tuesdays of each month as the days for
holding regular meetings of the City Council. The regular meeting shall commence at
5:30 p.m., for the Closed Session. It is the intention of the City Council that all other
agenda items shall commence at 6:30 p.m., following the Closed Session. If any such
Tuesday falls on any day designated by law by the City Council as a day for public
feast, Thanksgiving or holiday, such regular meeting shall be held on the date of the
regular meeting next following said Tuesday at the hour heretofore fixed or at such
other day as may be fixed. The City Council Chamber in City Hall is established as the
place for holding its regular meetings.
RULE 3. QUORUM AND ACTION
In accordance with Section 614 of the Santa Monica City Charter, four
Councilmembers shall constitute a quorum for the transaction of business. Except as
otherwise provided in the Charter, or other law or these rules action shall be taken by a
majority vote of the entire membership of the City Council. However, in the case of a
quasi - judicial hearing, if only four Councilmembers are participating, the applicant or
appellant shall be entitled to request and receive a continuance of the hearing, until
such time as five Councilmembers are participating.
Whenever any Councilmember questions the presence of a quorum, the
presiding officer shall forthwith direct the City Clerk to call the roll, each Councilmember
shall respond when his or her name is called and the Clerk shall announce the result.
Such proceedings shall be without debate, but no Councilmember who is speaking may
be interrupted by a question as to the presence of a quorum.
The Council may also establish standing subcommittees of its members to
address designated areas of City business on the Council's behalf and may establish ad
hoc committees to formulate reports or recommendations on particular matters.
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As required by the Ralph M. Brown Act (the "Brown Act "), California Government
Code Sections 54950, et seq all regular, adjourned regular and special meetings of the
City Council shall be public, provided, however, the City Council may meet in a Closed
Session from which the public is excluded, for those purposes authorized by the Brown
Act.
No Councilmember, employee of the City, or any other person present during a
Closed Session of the City Council shall disclose to any person the content or
substance of any communication which took place during the Closed Session unless
the City Council specifically authorizes the disclosure by majority vote or unless the
disclosure is required by law.
RULE 5. AGENDA.
The City Clerk shall prepare the Agenda under the direction of the City Manager
as follows:
(a) The City Manager shall consult with the Mayor and Mayor Pro Tempore in
the preparation of the Agenda.
(b) The Agenda and all available supporting documents shall be delivered to
Councilmembers on the Thursday preceding the Tuesday City Council meeting to which
it pertains or as soon thereafter as possible.
(c) Any Councilmember or the City Manager may direct that any matter within
the City Council's jurisdiction be placed upon the Agenda. Councilmembers should
endeavor to submit agenda items by 3:00 p.m. on Thursday in order to ensure that
matters will be agendized for the following Tuesday. Subject to Brown Act
requirements, items submitted after 3:00 p.m. Thursday will be agendized for the
following Tuesday if possible.
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Councilmember items may only be combined with other items on the agenda
by a vote of the Council. A Councilmember who wishes to combine his or her item with
another item on the agenda may direct that the following language be included with the
agenda item: "This item may be considered with Item ." The City Manager may
combine staff items on the agenda in order to ensure that the public's business is
handled efficiently and conveniently.
(d) The City Clerk shall post the Agenda as required by the Brown Act.
Copies of the Agenda shall be posted in the City Clerk's office and in the lobby of the
Police Department. The City Clerk shall maintain on file in his or her office declarations
establishing compliance with the posting requirements.
(e) No action shall be taken on any item not appearing on the posted Agenda
unless the item is added to the Agenda in the manner required by the Brown Act.
(f) Matters directed to be placed on the Agenda at the direction of
Councilmembers shall be listed on the Agenda in the order of receipt by the City Clerk.
(g) Written requests to the City Council shall be received and opened by the
City Clerk and referred to the City Manager or his or her designee and either shall be
transmitted to the appropriate board, commission or staff member or shall be placed on
the Agenda if City Council consideration is deemed appropriate by the Mayor or City
Manager. Written requests being agendized shall be scheduled for Council
consideration at the earliest convenient meeting, taking into consideration the length
and content of meeting agendas. Members of the public submitting written requests
shall be advised of how their request is being handled. Councilmembers shall receive
copies of those written requests which are not agendized. Agendized communications
shall be listed on the Agenda in order of receipt. No communication shall be placed on
an Agenda if it contains material that:
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(1) Is profane.
(2) Is potentially slanderous or libelous.
(3) Advocates or opposes the candidacy of any person or party for any
elective office.
(4) Is primarily an advertisement or promotion or has as a substantial
purpose, the advancement of any cause the major benefit of which is private and not
public.
Members of the public submitting written requests to the Council are encouraged
to limit their submissions to one per meeting.
The business of the City Council shall be conducted in the order and manner
specified below. The order may be changed by a majority vote of those present. The
following is the order of business:
(a) Call to Order.
(b) Salute to the Flag.
(c) Roll Call.
(d) Closed Session.
(e) Inspiration.
(f) Special Ceremonial Agenda Items. This item includes proclamations,
commendations, introductions of special guests, special meetings, and presentations
and reports by other non -City public entities or legislative bodies.
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(g) Consent Calendar. The consent calendar shall consist of the approval of
minutes of previous meetings and those other items such as contracts and routine
resolution which do not necessitate a separate public hearing and which are determined
in the Agenda preparation process to be relatively non - controversial. Ordinances for
second reading and adoption may be placed on the consent calendar if all members of
the City Council were present when the vote for first reading and introduction took place
and this vote was unanimous. The consent calendar shall be considered as one item
regardless of the number of matters appearing on it and may be approved by a single
vote. The title to the individual consent items need not be read unless a request to do
so is made by any Councilmember. Members of the public shall have no more than one
opportunity to address the City Council concerning any and all items on the consent
calendar. Members of the public shall be heard prior to City Council consideration of
the consent calendar. Councilmembers may request to have individual matters
removed from the consent calendar so that they may be heard on those matters. All
matters remaining on the consent calendar may be approved by a single vote. Any
items removed from the consent calendar shall be considered separately in the order of
their appearance on the Agenda. Removed items may be heard immediately following
the consent calendar or may be heard after the City Council concludes Closed Session
or Study Session.
(h) Study Session. During Study Sessions staff will present information
regarding a complex matter that will be subject to Council deliberation and decisions in
the future. No Council action will be recommended or taken as part of the Study
Session.
(i) Continued Items. This item includes agendized items of a previous City
Council meeting not considered at such meeting. The City Council may vote by a
majority of its members to have a carry-over item placed on a subsequent agenda as a
continued item.
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(j) Administrative Proceedings. This item includes proceedings requiring the
City Council to make a quasi - judicial decision concerning an individual application or
appeal.
(k) Ordinances.
(1) Second Reading and Adoption. No public discussion is permitted on
second readings.
(2) Introduction and First Reading.
(1) Staff Administrative Items. This category will include policy matters to be
considered by the City Council or at joint meetings of the City Council, Parking
Authority, Housing Authority, the Public Financing Authority and /or Redevelopment
Agency.
(m) Public Hearings. This item consists of public hearings required by
specific provisions of law.
(n) Reports of Boards and Commissions. Boards and commissions who may
present reports under this item include, but are not limited to, all City boards and
commissions and the boards of the Pier Restoration Corporation and the Bayside
District Corporation.
(o) Resolutions. A resolution will be considered under this item only if it
substance makes extensive public input advisable, or if it should be considered after
another item on the Agenda, otherwise the resolution will be considered on the Consent
Calendar.
(p) Written Communication. This item allows the Council to consider issues
raised by written submissions from the public.
(q) Councilmember Discussion Items. Staff items as deemed necessary
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(r) Public Input. This item allows members of the public to address the City
Council on matters that are within the Council's subject matter jurisdiction. No formal
action may be taken on any matter under this item unless the item is specifically
agendized.
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The City Clerk shall have exclusive responsibility for preparation of the Minutes,
and any directions for corrections in the Minutes shall be made only by majority vote of
the City Council.
Minutes of a City Council meeting may be approved without reading if the City
Clerk has previously furnished each Councilmember with a copy and unless a reading is
ordered by a majority vote of the Council.
The Mayor shall be the Presiding Officer at all meetings of the City Council. In
the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of
both the Mayor and Mayor Pro Tempore, the City Clerk shall call the City Council to
order and a temporary Presiding Officer shall be elected by the Councilmembers
present to serve until the arrival of the Mayor or Mayor Pro Tempore or until
adjournment.
(a) Participation. The Presiding Officer may move, second, and debate from the
chair, subject only to such limitations of debate as are imposed upon Councilmembers
by these rules, and shall not be deprived of any of the rights or privileges of a
Councilmember by reason of his or her acting as the Presiding Officer.
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(b) Duties. The Presiding Officer shall (1) preserve order at all meetings of the
City Council, (2) state (or cause to be stated) each question coming before the
City Council (3) announce the decisions of the City Council on all subjects; (4) decide all
questions of order subject to the right to appeal rulings on questions of order to the
entire City Council and (5) encourage all persons present at the meeting to conform
their conduct to the City's Civility Policy.
Any Councilmember may request that anyone appearing before the City Council
on any matter shall be sworn. On receipt of such a request, all proceedings shall be
suspended and the City Council will immediately vote on whether the individual should
be sworn. A majority vote of the Councilmembers present shall determine whether the
speaker shall be placed under oath. All oaths will be administered by the City Clerk.
The City Council shall have the power to issue subpoenas as provided in City
Charter Section 614.
RULE 12. RULES OF DEBATE.
(a) Getting the Floor. A Councilmember desiring to speak shall gain
recognition by the Presiding Officer.
(b) Questions to Staff. Every Councilmember desiring to question City staff
shall address his or her questions to the City Manager, the City Attorney, the City Clerk
or designated staff. Members of the City staff, after recognition by the Presiding Officer
shall hold the floor until completion of their remarks or until recognition is withdrawn by
the Presiding Officer.
(c) Interruptions. A Councilmember who has the floor shall not be
interrupted when speaking unless he or she is called to order by the Presiding Officer, a
point of order or a personal privilege is raised by another Councilmember or the speaker
chooses to yield to a question by another Councilmember. If a Councilmember is called
to order, he or she shall cease speaking until the question of order is determined.
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(d) Points of Order. The Presiding Officer shall determine all points of
order subject to the right of any Councilmember to appeal to the City Council. If an
appeal is taken, the question shall be: "Shall the decision of the Presiding Officer be
sustained ?" The Presiding Officer's decision may be overruled by a two- thirds vote of
the Councilmembers then present.
(e) Point of Personal Privilege. The right of a Councilmember to
address the City Council on a question of personal privilege shall be limited to cases in
which the Councilmember's integrity, character, or motives are questioned or where the
safety or welfare of the City Council is concerned.
(f) Privilege of Final Comment. The Councilmember moving the
introduction or adoption of an ordinance, resolution, or motion, shall have the privilege
of speaking last on the matter after all other Councilmembers have been given an
opportunity to speak.
(g) Motion to Reconsider Legislative Actions. A motion to reconsider any
legislative action taken by the City Council may be made only by one of the
Councilmembers on the prevailing side and may be seconded by any Councilmember.
Such motion may be made at any time and shall be debatable. A motion by a non -
prevailing Councilmember or a request by a member of the public for reconsideration
may be made only if one year has passed since the action was taken.
(h) Calling for the Question. A question may be called by majority vote of
those present. However, neither the moving party nor the party seconding any motion
may call for the question, each Councilmember shall be afforded one opportunity to
speak on each item before the question is called, and a question may not be called to
interrupt or cut off a particular speaker.
(i) Limitation of Debate. Councilmembers shall limit their remarks to the
subject under debate. No Councilmember shall be allowed to speak more than once
upon any particular subject until every other Councilmember desiring to do so has
spoken. Prior to beginning deliberation, the Council may, by a two- thirds vote of those
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present, limit the amount of time that each Councilmember may spend stating his or her
views on a particular agenda item.
Any Councilmember shall have the right to have the reasons for his or her
opposition to any action of the City Council entered in the Minutes. Such opposition
shall be made in the following manner: "I would like the Minutes to reflect that I
opposed this action for the following reasons..."
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(a) Pursuant to the Brown Act, public testimony is permitted on all agenda
items, except ordinances for second reading, and the public shall have an opportunity to
comment on any matter which is not on the Agenda but is within the Council's
jurisdiction. However, members of the public do not have the right to give testimony
outside the scope of or unrelated to the agenda item under consideration. Additionally,
members of the public should strive to avoid unduly reiterating their own or others'
testimony.
(b) Registration. Any member of the public wishing to address the City
Council regarding any item on the Agenda for public discussion shall register with the
City Clerk prior to the start of the meeting, if possible, but no later than prior to the public
hearing on that item. Any request received after the start of the hearing shall be
considered late and may only be heard with Council approval.
(c) Manner of Addressing the City Council. After being recognized by the
Presiding Officer, each member of the public addressing the City Council shall go to the
podium, state his or her name and whom he or she is representing, if he or she
represents an organization or other person. Each member of the public is encouraged,
but not required, to also state his or her address, neighborhood, or city of residence.
All remarks shall be addressed to the City Council as a whole and not to any individual
member thereof. After a public hearing has been closed, no member of the public shall
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address the City Council on the matter under consideration without first securing
Council approval.
(d) Time Limits. Except on Written Communication, members of the public
shall limit their remarks to two minutes per agenda item unless the City Council grants
additional time by majority vote. For purposes of these Rules, the consent calendar
shall be considered one item. Persons speaking on another's written communication
and persons submitting late chits, who receive permission to speak shall be limited to
one minute. On Written Communication, those speaking on another's item may speak
only if the person raising the matter appears and testifies. If the person who raises the
item does not appear and testify, the matter shall be received and filed and persons
wishing to speak on the matter may give their testimony during Public Input. A member
of the public wishing to speak on more than one item shall limit his or her remarks to a
total of six minutes per meeting unless the Council grants additional time by majority
vote. A member of the public may allocate time between items in one minute increments
up to two minutes. Testimony given as an applicant or appellant does not count toward
the six minute maximum. A Board or Commission member reporting to the City Council
on behalf of a Board or Commission shall not be subject to these rules on time limits;
however, Council may limit the duration of such reports.
(e) Special Time Limits for Applicants and Appellants. Applicants and
appellants on administrative items shall limit their remarks to ten minutes and may
reserve some of their time for use for rebuttal at the conclusion of the public hearing.
The appellant shall have the opportunity to address the City Council first and last.
(f) Special Assistance for Those Who Cannot Wait to Speak Members of
the public, including those with special needs, who cannot wait to speak on an agenda
item may request assistance from the City Clerk, and a member of the Clerk's office will
provide assistance in preparing a written statement of testimony for distribution to the
Council.
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-1 = • • .
When the City Council is in session, all persons present must preserve safety
and order and should strive to conform their conduct to the City's Civility Policy.
Members of the public should sit in the audience seating area, unless addressing the
Council or entering or leaving the Council Chambers, should not block the aisles with
personal belongings and should not bring audible equipment into the Council Chambers
including cellular telephones or pagers. Members of the public may not, except when
testifying on or participating in an agenda item, enter the well area, which is the open
area directly in front of the dais and extending outward from it to a line running between
the points on the Clerk's desk and the podium nearest to the audience.
Any person who disrupts the meeting shall be called to order by the Presiding
Officer. Disruption shall include but not be limited to, blocking the audience or camera
view of the proceedings. If such conduct continues, the Presiding Officer may request
the Sergeant at Arms to remove the person from Council chambers.
The Chief of Police or such member or members of the Police Department as he
or she may designate, shall be Sergeant At Arms of the City Council and shall carry out
all orders given by the Presiding Officer through the City Manager for the purpose of
maintaining order at City Council meetings. Any Councilmember may move to require
the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the
City Council shall require him or her to do so.
After each municipal election, the City Clerk shall determine City Council member
seating order by drawing lots.
Every Councilmember is entitled to vote unless disqualified by reason of a
conflict of interest. A Councilmember who abstains from voting consents to the decision
made by the voting Councilmembers.
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Any vote of the City Council, including a roll call vote, may be registered by the
members answering "Yes" for an affirmative vote or "No" for a negative vote upon his or
her name being called by the City Clerk. Voting order shall be based on seating order
with each roll call vote beginning at alternating ends of the dais and the Mayor voting
last.
Any Councilmember who is disqualified from voting on a particular matter by
reason of a conflict of interest shall publicly state or have the Presiding Officer state the
nature of such disqualification and shall leave the dais prior to Council consideration of
the matter. A Councilmember stating such disqualification shall not be counted as part
of a quorum and shall be considered absent for the purpose of determining the outcome
of any vote on such matter.
RULE 20. TIE VOTE.
Tie votes shall be lost motions.
RULE 21. CHANGING VOTE.
The vote of a Councilmember may be changed only if he or she makes a timely
request to do so immediately following the announcement of the vote by the City Clerk
or the Presiding Officer and prior to the time that the next item in the order of business
is taken up.
The following procedure shall be followed in connection with any Agenda item
requiring a motion:
(a) City Clerk reads the title.
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(b) Presiding Officer calls for a staff report.
(c) Councilmembers question City staff.
(d) Council conducts Public hearing.
(e) Council deliberates.
(f) A Councilmember makes a motion, another Councilmember seconds the
motion, and the Council debates it, with the maker of the motion having the opportunity
to speak last.
(g) The Presiding Officer or City Clerk restates the motion.
(h) The Council votes on the motion.
(i) The Presiding Officer or City Clerk announces result.
RULE 23. PRESENCE OF CITY STAFF AT CITY COUNCIL MEETINGS.
The City Manager, City Clerk, and City Attorney, or, in their absence, their
authorized representatives, shall attend and be present during all City Council meetings
and give necessary service and advice.
No new item, other than Public Input, shall be considered after 11:00 p.m.,
unless
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All public meetings of the City Council shall be recorded by tape recorder. The
recording shall be made by the City Clerk and retained in accordance with the City's
record retention schedule. The use of other recording or television equipment is
permitted so long as it is not disruptive of the meeting.
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These rules shall be interpreted liberally in order to provide for the optimum in the
free interchange of information and public debate without an unnecessary waste of time
or duplication of effort. These rules may be amended by resolution.
These rules of order and procedures govern the conduct of City Council
meetings. These rules are intended to expedite the transaction of the business of the
City Council in an orderly fashion and are deemed to be procedural only. Failure to
strictly observe these rules shall not affect the jurisdiction of the City Council or
invalidate any action taken at a meeting that otherwise conforms to law.
SECTION 2. Resolution Number 10643(CCS) and all other resolutions
adopting, amending, or relating to City Council Rules of Order, are hereby repealed in
their entirety.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
a Moutrie
City
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