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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/21/2004 - RESOLUTION 2004-112 ADOPTING AMENDED RULES OF PROC ITEM NUMBER: 20 AGENDA ITEM SUMMARY DATE: September21, 2004 FORT COLLINS CITY COUNCIL STAFF: Steve Roy SUBJECT Resolution 2004-112 Adopting Amended Rules of Procedure Governing the Conduct of City Council Meetings So as to Include the Order of Business at Council Meetings, as Well as Basic Rules of Order for Conducting Such Business. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY This Resolution would adopt amended rules of procedure for City Council meetings as well as basic rules of order for conducting Council business by motion. BACKGROUND At a Council meeting last fall, Councilmember Hamrick asked for input regarding Robert's Rules of Order or some modified version that Council could regularly use to guide the way in which it conducts its business. The Colorado Municipal League, in its Handbook for Municipal Elected Officials and its Handbook on the Conduct of Meetings, recommends as follows: Every legislative body should adopt a set of rules by which to operate. These rules can be simple or detailed; they can incorporate Robert's Rules of Order Newly Revised, another set of prepared rules, or establish their own. Such rules can guide the council or board, make the legislative process more stable and predictable, and reduce disputes concerning correct procedure. Rules of procedure not only protect the minority from arbitrary abuse ofpower by the majority,but they also protect the majority from the capricious use of power by the minority to thwart the wishes of the majority. Skillful use of rules of procedure can help reduce interpersonal friction,make better decisions and increase the credibility of the persons using the rules. CML Handbook for Municipal Elected Officials,p. 21. September 21, 2004 -2- Item No. 20 Historically,Robert's Rules has been used to guide the conduct ofbusiness at City Council meetings, and those rules have been informally modified as various Councils have seen fit from time to time. However, the Council has not formally adopted Robert's Rules or any other rules of procedure. In its entirety,Robert's Rules of Order Newly Revised. 9th ed.,consists of nearly 700 pages. The rules contain comprehensive provisions and procedures related to deliberative assemblies, including a description of various classifications of motions;detailed information about the distinctions among various motions, such as motions to amend, postpone indefinitely, postpone to a certain time, and lay on the table;rules explaining how to raise a point of order,take matters from the table,reconsider or rescind actions previously taken; and a wide variety of other topics. There are some basic rules that come into play on a regular basis, such as those having to do with making, amending and reconsidering or renewing motions, calling the question, etc. There are many others that are very seldom needed. The City Charter establishes certain rules regarding the conduct of City Council meetings which would supersede and override Robert's Rules or any other rules of procedure that the Council may adopt. For example,the Charter states in Article 2, Section 6 that every Council member present at a meeting must vote and if a member fails to vote when present,he or she shall be recorded as voting in the affirmative. This provision overrides the provisions of Robert's Rules pertaining to the effect of an abstention. Additionally, the Charter states in Article 2, Section 11 that no action except to adjourn may be taken by the Council in the absence of a quorum,unless the absence of a quorum is due to the filing of conflict of interest disclosure statements by all absent members, in which event three remaining members may transact business.This rule overrides the provision in Robert's Rules which requires the presence of a quorum to conduct any business except to adjourn, recess or take measures to obtain a quorum. Finally,the Charter also states in Article II,Section 11 that a majority vote of those present and voting is sufficient to approve any action of the Council except the passage of emergency ordinances and the approval of executive sessions. This provision of the Charter overrides those provisions of Robert's Rules which require a two-thirds vote for various kinds of actions. The proposed Resolution would adopt basic rules of order for handling agenda items and other Council business by motion. These rules of order are based on Robert's Rules and are modified as necessary to conform to the City Charter. An abbreviated version of the rules is included in the agenda materials. The Resolution would also re-adopt rules of procedure for Council meetings. These rules deal with such subjects as the order of business, the length of meetings, citizen input, etc. The changes to these rules, as compared to the previously adopted rules, are shown by redline and strike-out in the Resolution. Certain changes have been made to both sets of proposed rules,based upon direction provided at the Council Study Session on July 27. Those changes are as follows: September 21, 2004 -3- Item No. 20 Rules of Procedure For City Council Meetings (changes shown in bold in Resolution) • The rule regarding late meetings has been revised so as to state that, even if a meeting is extended beyond 10:30 p.m., it will not extend beyond 12:00 a.m. • The section dealing with citizen input has been reworded so as to clarify the kinds of motions made under other business that citizens will be permitted to address. Rules of Order for City Council Meetings (changes redlined) • The rules have been revised to specifically state that: (1) The adoption of motion to go into executive session requires a two-third vote of the Councilmembers present and voting, and (2) The affirmative vote of five (5) Councilmembers is required for the adoption of an emergency ordinance. • The rules pertaining to the postponement of items have been modified to ensure that agenda items can be postponed even before a motion to adopt an item has been made. • A new Section 4 has been added to specifically state that: (1) Council questions and debate will occur immediately following citizen input and before any main motion is made regarding the agenda item, (2) Councilmembers will wait to be recognized by the Mayor before asking questions or participating in debate, (3) The Mayor may curtail questions and/or debate to the extent he/she deems necessary for the orderly conduct of business,except as overridden by a majority of the Council pursuant to a point of order, and (4) No Councilmember will speak more than once to an item until all Councilmembers have had an opportunity to be heard. ATTACHMENTS: Abbreviated Rules of Order for Meetings of the Fort Collins City Council Matrix ABBREVIATED RULES OF ORDER FOR MEETINGS OF THE FORT COLLINS CITY COUNCIL General Rules: All motions must be seconded except as noted. Except for motions to go into executive session(approved by 2/3 vote)or to adopt an emergency ordinance (approved by 5 Councilmembers), the passage of any motion requires a simple majority of members present and voting. These rules are supplemented by Robert's Rules. The City Charter and Code take precedence over both sets of rules. See Resolution 2004-112 for a more complete explanation. I. MAIN MOTION. A main motion may be made or amended by any Councilmember, including the Mayor. • Used to introduce an item of business • May be made or seconded by any Councilmember, including the Mayor • Is debatable and may be amended II. SUBSIDIARY MOTIONS. A. Motion to Amend. • Debatable • Motion to Amend may be amended once • Must be germane to the motion to which applied • Once seconded and debated, should be decided before the main motion is decided B. "Friendly" Amendments. • Permitted at any time before vote on the main motion with the consent of the maker and seconder of the main motion • No second required unless maker and seconder object • If maker and seconder object, treated as motion to amend and second is required C. Withdrawal or Modification of Motions. Once a main motion has been seconded and stated by the Mayor, it can be withdrawn or modified by the maker only with the consent of a majority of the Council. 1 D. Motion to Lay on the Table. • Appropriate only when something else of immediate urgency has arisen • Not debatable or amendable E. Motion to Postpone Indefinitely. • Can be made only when a main motion is immediately pending • Debatable • Not amendable F. Motion to Postpone to Certain Time or After Certain Event. • Debatable only as to propriety of postponement • Amendable only as to date or time G. Calling the Ouestion. • Does not automatically end debate • If any objection, Mayor calls for second • If seconded, majority votes on whether to end debate III. INCIDENTAL MOTIONS. A. Point of Order. • Takes precedence over any pending question • Does not require a second • Not amendable or debatable but explanation or advice may be permitted by Mayor • Ruling of Mayor is subject to appeal by any two members — majority vote prevails B. Motion to Divide a Ouestion. • Divides single subject into several parts • Takes precedence over main motion • Not debatable • May be amended to propose different division • Often resolved informally 2 C. Motion to Suspend the Rules. • Can be made at any time that no question is pending • Can be applied to any rule except rules in City Charter or Code or other laws • Neither debatable nor amendable IV. RESTORATIVE MOTIONS A. Motion to Take from the Table. • Neither debatable nor amendable • Effect is to return the item exactly as it was B. Motion to Reconsider. • To correct ill-advised action or account for additional information or changed circumstances • Can be made only by member voting on prevailing side • Can be made only on the same date as original vote • Debatable if the motion to be reconsidered was debatable • Not amendable • Returns the item exactly as it was C. Motion to Rescind or Amend Something Previously Adopted. • Purpose is to change an action previously taken • Debatable and amendable • No time limit on making the motion • Can be moved by any member of the Council • Effect is to nullify or modify previous action • Should not made when third parties have relied on previous action V. PRIVILEGED MOTIONS A. Motion to Adjourn. • If not conditioned in any way, always privileged and takes precedence If conditioned in some way, out of order until business is concluded • Unconditional,privilege motion is undebatable,while conditional motion is debatable 3 B. Motion to Recess. • If made with no question pending, treated as ordinary main motion • If made when another question is pending, takes precedence • Not debatable Amendable only as to length of recess 4 Motion Requires a Requires a Debatable Amendable Second Majority for Adoption Main Motions yes yes yes yes Subsidiary Motions Motion to Amend yes, unless yes yes yes "friendly" Withdrawal or Modification of a yes' yes yes yes Motion Motion to Lay on the Table yes yes no no Motion to Postpone Indefinitely yes yes yes no Motion to Postpone to a Certain yes yes yes yes3 Time (or Definitely) "Calling the Question: yes' yes no no Incidental Motions Point of Order no only upon no no appeal of Mayor's ruling Motion to Divide a Question yes yes no yes Motion to Suspend the Rules yes yes no no Restorative Motions Motion to Take from the Table yes yes no no Motion to Reconsider' yes yes yes no Motion to Rescind or Amend yes yes yes yes Something Previously Adopted Privileged Motions Motion to Adjourn yes yes no' no Motion to Recess yes yes no yes Zif original motion has been placed before the Council by the Mayor s my as to propriety,date and time of postponement only as to date or time of postponement 4if there is any objection to ending debate 'can only be made at same meeting and by party on prevailing side 6when motion to reconsider was debatable debatable and amendable if conditioned in some way RESOLUTION 2004- 112 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING AMENDED RULES OF PROCEDURE GOVERNING THE CONDUCT OF CITY COUNCIL MEETINGS SO AS TO INCLUDE THE ORDER OF BUSINESS AT COUNCIL MEETINGS, AS WELL AS BASIC RULES OF ORDER FOR CONDUCTING SUCH BUSINESS WHEREAS , on May 6 , 2003 , the City Council approved Resolution 2003 -063 adopting revised rules of procedure for the conduct of City Council meetings ; and WHEREAS , such rules of procedure include rules governing : citizen comment during the citizen participation segment of each meeting; citizen comment regarding agenda items ; and the length of Council meetings ; and WHEREAS , the City Council wishes to amend such rules so as to add the order in which business will be conducted by the Council at such meetings, as well as basic rules of order for handling such business . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the following revised rules governing the conduct of all regular City Council meetings are hereby adopted by the Council: Section 1 . Order of Business . Council business shall be conducted in the following order: Proclamations and Presentations . (Prior to the meeting) Pledge of Allegiance Call Meeting to Order Roll Call Citizen Participation Citizen Participation Follow-up Agenda Review Consent Calendar Consent Calendar Follow-up Staff Reports Councilmember Reports Items Needing Individual Consideration Pulled Consent Items Other Business Adjournment Section 2 . Length of Meetings a. Council meetings will begin precisely at 6 : 00 p .m. Proclamations will be presented prior to the meeting at approximately 5 : 30 p .m. or such earlier time as may be necessary in order for the presentation of proclamations to end by 6 : 00 p .m. b. No more than two (2) ten-minute breaks will be planned per meeting. All Councilmembers and staff will return to their seats in the Council Chambers at the conclusion of each ten-minute break. The Mayor will resume the meeting at the prescribed time. c . Every Council meeting will end no later than 10 : 30 p .m. , except that: ( 1 ) any item of business commenced before 10 : 30 p .m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than f :90 p .m.. 12 : 00 a.m. for the purpose of considering additional items of business . Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. Section 3 . Citizen Comment. a. Up to thirty (30) minutes will be allowed for citizen comment during the "Citizen Participation" segment of each meeting. A maximum of five (5) minutes will be allowed per speaker. In order to determine the actual amount of time to be allotted to each speaker, the Mayor will ask for a show of hands by all persons intending to speak. If the number of persons intending to speak is more than six (6) , the Mayor will shorten the allotted time in order to allow as many people as possible to address the Council within thirty (30) minutes . "citizen each meeting and with regard to agenda items, will generaffy be firnited to maxinmin of five (5) mirmtes per person. > in the discretion of the Mayor, the Tmm-ber of persons wishing to speak during citizen participation woul undtfly prolong that portion of the meeting, the Mayor may reduce the time allowed for individual citizen inptw. eitizen cormnent on items not being presented for eouncil ' s considera on that meeting ' s agenda will be fitnited to a total of thirty (30) mitmtes and will be received at the beginning of each ineeting . be. Citizen input will be received with regard to : (i) each item on the discussion agenda, (ii) each item pulled from the consent agenda, and (iii) any each 2 substantive (non-procedural) item that is addressed by formal Council action under the "Other Business" segment of the meeting that may directly affect the rights or obligations of any member of the general public. Such citizen input will be permitted only once per item regardless of the number of motions made during Council ' s consideration of the item. For the purpose of this rnfe, a " substantive item" shaff mcan a ffirmat eouncil decision that may directly affect the rights or obligations of any member o the general public . c . The time limits for individual citizen comments regarding agenda items will be established by the Mayor prior to each such item. In order to determine the amount of time to be allotted to each speaker, the Mayor will ask for a show of hands by all persons intending to speak to the item. If the number of persons indicating an intent to speak to an item is twelve ( 12) or less, each speaker will generally be allowed five (5) minutes . If the number of persons indicating an intent to speak to an item is thirteen ( 13 ) or more, each speaker will generally be limited to three (3 ) minutes per item. However, the Mayor may increase or decrease the time limits per speaker as he or she deems necessary to facilitate the City Council ' s understanding of the item, or to allow the Council to consider and act upon the item in a timely fashion. ed. Any determination of the Mayor with regard to such the foregoing time limits maybe overridden by a majority vote of the Council. Section 4. Council Questions and Debate. Council questions and debate regarding an agenda item will occur immediately following citizen input and prior to entertaining any main motion related to the item. Except when raising a point of order, Councilmembers seeking to ask questions or participate in debate will do so only when called upon by the Mayor. The Mayor may limit or curtail questions or debate as he or she deems necessary for the orderly conduct of business, except as overridden by a majority of Councilmembers present and voting, pursuant to a point of order. No Councilmember will speak to an item more than once until all other Councilmembers have had an opportunity to be heard. Section 45 . Basic Rules of Order. The following commonly used rules of order will govern the conduct of City Council business . Except as specifically noted, all motions require a second. These rules of order are based upon Robert' s Rules of Order Newly Revised and have been modified as necessary to conform to existing practices of the Council and to the requirements of the City Charter. For example, while a two-thirds vote is necessary for the passage of some of the motions listed below under Robert ' s Rules of Order, all motions of the Council, except a motion to go into executive session or a motion 3 to adopt an emergency ordinance, may be adopted upon approval of a majority vote of the members present at a Council meeting, pursuant to Art. II, Sec . 11 of the City Charter. If there is a question of procedure not addressed by these rules, reference shall be made to Robert ' s Rules of Order for any needed clarification or direction. In the event of any conflict between these rules of order and Robert' s Rules of Order, these rules of order shall prevail. In the event of any conflict between these rules of order or Robert ' s Rules of Order and the City Charter or City Code provisions, the City Charter or City Code provision shall prevail . MAIN MOTIONS Main motions are used to bring business before the Council for consideration and action. A main motion can be introduced only if no other business is pending. All main motions require a second and may be adopted by majority vote of those Councilmembers present and voting, except that : ( 1 ) a motion to go into executive session requires a two-thirds vote of those present and voting and (2) a motion to adopt an emergency ordinance requires the affirmative vote of at least five (5) Councilmembers for approval. A main motion may be made by any Councilmember, including the Mayor. It is debatable and may be amended. SUBSIDIARY MOTIONS These are motions that may be applied to another motion for the purpose of modifying it, delaying action on it, or disposing of it. 1 . Motion to Amend. A motion to amend, once seconded, is debatable and may itself be amended once. However, a " secondary amendment, " which is a change to a pending "primary amendment, " cannot be amended. The point of a motion to amend is to modify the wording - and, within certain limits, the meaning - of a pending motion before the pending motion itself is acted upon. Therefore, once a motion to amend has been seconded and debated, it is decided before the main motion is decided. Certain motions to amend are improper. For example, an amendment must be "germane" to be an order. To be germane, an amendment must in some way involve the same question that is raised by the motion to which it is applied. Also, some motions to amend are improper, for example, a motion that would merely make the adoption of the amended question equivalent to a rejection of the original motion, or one that would make the question as amended identical with, or contrary to, one previously decided by the Council during the same session. "Friendly" amendments acceptable to the maker and the seconder of the main motion, do not require a second and are permissible at any time before a vote is taken on the main motion. 2 . Withdrawal or Modification of a Motion. In the brief interval between the making of a motion and the time when the Mayor places the Motion 4 before the Council by stating it, the maker can withdraw or modify the motion. After a motion has been seconded and stated by the Mayor it belongs to the Council as a whole and the maker must request the Council's permission to withdraw or modify his or her motion. 3 . Motion to Lay on the Table . A motion to table is intended to enable the Council to lay the pending question aside temporarily, but only when something else of immediate urgency has arisen. By adopting a motion to lay on the table, a majority has the power to immediately halt the consideration of a question, since a motion to table is neither debatable nor amendable . 4. Motion to Postpone Indefinitely. A motion to postpone indefinitely is, in effect, a motion that the Council decline to take a position on an agenda item or tie main motion. Its adoption kills the agenda item or main motion for the duration of the meeting and avoids a direct vote on the item or motion. fir. It is useful in disposing of a an item or motion that cannot either be adopted or expressly rejected without undesirable consequences . it can be apphed only to the main motion and may be made only while a main motion is immediate! pending . It is debatable but not amendable. 5 . Motion to Postpone to a Certain Time (or Definitely) . This is the motion by which action on an agenda item or a pending motion can be put off to a definite day, meeting or hour, or until after a certain event has occurred. This motion can be debated only to the extent necessary to enable the Council to determine whether the main question should be postponed and, if so, to what date or time . Similarly, it is amendable only as to the date or time to which the main question should be postponed. 6 . "Callingthe he Question". "Calling the question" may sometimes motivate unanimous consent to end debate . If it does not, however, then debate does not automatically end. Instead, if any member objects to ending the debate, the Mayor should ask if there is a second to the motion and, if so, he must immediately take a vote on whether to end debate. The motion is not debatable or amendable . INCIDENTAL MOTIONS. These are motions which usually apply to the method of conducting business rather to the business itself. I . Point of Order. If a Councilmember thinks that the rules of order are being violated, he or she can make a point of order, thereby calling upon the Mayor for a ruling and an enforcement of the regular rules . Such a motion takes precedence over any pending question out of which it may arise. This motion does not require a second. It is not amendable and, technically, it is not debatable. 5 However, with the Mayor' s consent, the member raising the point of order may be permitted to explain his or her point. In response to a point of order, the Mayor can either immediately rule, subject to appeal to the Council, or the Mayor can refer the point of order to the judgment of the Council, in which case the point becomes debatable. In making his or her ruling, the Mayor can also consult the parliamentarian, if there is one, or can request the advice of experienced members of the Council. However, no member has the right to express an opinion unless requested to do so by the Mayor. When the Mayor has made a ruling, any two Councilmembers can appeal the ruling (one making the appeal and the other seconding it). When an appeal is taken, the matter is decided by majority vote of the Council. A tie vote sustains the decision of the Mayor. If a point of order is to be raised, it must be raised promptly at the time the perceived violation of the rules occurs . 2 . Motion to Divide a Question. If a motion relating to a single subject contains several parts, each of which is capable of standing as a complete proposition by itself, the parts of the motion can be separated for consideration and voted on as if they were distinct questions by the adoption of a motion for division of the question. This motion, if seconded, takes precedence over the main motion and is not debatable . However, the motion to divide must clearly state the manner in which the question is to be divided, and while the motion to divide is pending, another member can propose a different division by moving an amendment, in which case the amended form of the motion, if seconded, would be decided first. Often, little formality is involved in dividing a question, and it is arranged by unanimous consent. 3 . Motion to Suspend the Rules . When the Council wishes to do something that it cannot do without violating one or more of its regular rules , it can adopt a motion to suspend the rules that interfere with the proposed action. This motion can be made at any time that no question is pending and can be applied to any rule except those that are fundamental principles of the City Charter, City Code or other applicable laws . This motion is neither debatable nor amendable. RESTORATIVE MOTIONS These are motions that bring a question again before the Council for its consideration. 1 . Motion to Take from the Table . The object of this motion is to take from the table and make pending again before the Council a motion or series of adhering motions that previously had been laid on the table. This motion is neither debatable nor amendable . When a question is taken from the table, it is before the Council with everything adhering to it, exactly as it was when laid on the table . 6 2 . Motion to Reconsider. This motion enables a majority of the Council to bring back for further consideration a motion which has already been voted on. This motion is in order only if made on the same date that the vote to be reconsidered was taken. The purpose of reconsidering a vote is to permit the correction of hasty, ill-advised, or erroneous action, or to take into account added information or a changed situation that has developed since the taking of a vote. This motion can be made only by a member who voted with the prevailing side . When a member who cannot make a motion for reconsideration believes that there are valid reasons for one, he or she can try, if there is time or opportunity, to persuade someone who voted with the prevailing side to make such a motion. This motion is debatable whenever the motion proposed to be reconsidered was debatable . And, when debatable, opens to debate the merits of the question to be reconsidered. It is not amendable. The effect of the adoption of a motion to reconsider is that the question on which the vote was reconsidered is immediately placed before the Council in the exact position it occupied the moment before it was voted on originally. 3 . Motion to Rescind or Amend Something Previously Adopted. By means of the motions to rescind or to amend something previously adopted, the Council can change an action previously taken or ordered. This motion is debatable and amendable . In contrast to a motion to reconsider, there is no time limit on making a motion to rescind or a motion to amend something previously adopted (provided that no action has been taken by anyone in the interim that cannot be undone) , and these motions can be moved by any member of the Council, regardless of how he or she voted on the original question. The effect of passage of this motion is not to place the matter back before the assembly as it was just prior to a vote being taken. Instead, it either entirely nullifies the previous action or modifies it, depending upon which motion is used. For that reason, this motion should not made if third parties have relied to their detriment on the previous action. PRIVILEGED MOTIONS These motions are of such urgency or importance that they are entitled to immediate consideration, even when another motion is pending. This is because these motions do not relate to the pending business but have to do with special matters of immediate and overriding importance which, without debate, should be allowed to interrupt the consideration of anything else. I . Motion to Adjourn. A motion to adjourn is always a privileged motion except when the motion is conditioned in some way, as in the case of a motion to adjourn at, or to, a future time. Such a conditional motion is not privileged and is treated just as any other main motion. A conditional motion to adjourn at or to a future time is always out of order while business is pending. However, an unconditioned, privileged motion to adjourn takes precedence over most other 7 motions . The privileged motion to adjourn is neither undebatable nor amendable, while a conditioned motion to adjourn is debatable and may be amended. 2 . Motion to Recess . A motion to recess that is made when no question is pending is a main motion and should be treated as any other main motion. A motion to recess is said to be privileged if it is made when another question is pending, in which case it takes precedence over all subsidiary and incidental motions and most other privileged motions . It is not debatable and is amendable only as to the length of the recess . Section 5 . That the foregoing rules of procedure shall supercede all previous rules of procedure that may heretofore have been adopted by the City Council. Passed and adopted at a regular meeting this 21 st day of September, A . D . 2004 . Mayor ATTEST : City Clerk 8