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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/26/2013 - SECOND READING OF ORDINANCE NO. 020, 2013, AMENDINDATE: February 26, 2013 STAFF: Steve Roy Wanda Nelson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 6 SUBJECT Second Reading of Ordinance No. 020, 2013, Amending Section 2-35 of the City Code with Regard to the Removal of Persons from City Council Meetings. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on February 5, 2013, amends City Code to allow the presiding officer of a City Council meeting or City Council committee meeting to order the removal of any person who significantly and intentionally disrupts such meeting by failing to comply with the requirements of the presiding officer in maintaining order during the meeting. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - February 5, 2013 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: February 5, 2013 STAFF: Steve Roy Wanda Nelson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 31 SUBJECT Items Relating to Citizen Participation at City Council Meetings. A. Resolution 2013-008 Adopting Amended Rules of Procedure Governing the Conduct of City Council Meetings with Regard to Citizen Comment. B. First Reading of Ordinance No. 020, 2013, Amending Section 2-35 of the City Code with Regard to the Removal of Persons from City Council Meetings. EXECUTIVE SUMMARY This Resolution amends the Rules of Procedure governing City Council meetings to give greater clarity to the expectations and responsibilities of citizens participating in such meetings. The Ordinance amends City Code to allow the presiding officer of a City Council meeting or City Council committee meeting to order the removal of any person who significantly and intentionally disrupts such meeting by failing to comply with the requirements of the presiding officer in maintaining order during the meeting. BACKGROUND / DISCUSSION Since 2003, the Council has conducted its meetings under rules of procedure that govern the length of meetings, citizen comment, Council questions and debate, and basic rules of order. These Rules of Procedure have been amended on occasion to reflect changes, refinements, and clarifications to the procedures. Additional guidelines have been added to the “Citizen Comment” portion of the Rules of Procedure. These items outline time limits, manner of address, yielding the podium, yielding a portion of one's time, audible expressions of support or opposition, signs, distribution of literature, and video and audio recording. Presently, Section 2-35 of the City Code requires approval of the majority of City Council in order for persons to be removed from a City Council meeting if any person fails to comply with the requirements of the presiding officer in maintaining order during the meeting. The proposed Ordinance states that the Mayor (or presiding officer) may direct a removal under these circumstances. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on First Reading. ATTACHMENTS 1. PowerPoint Presentation ORDINANCE NO. 020, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-35 OF THE CODE OF THE CITY OF FORT COLLINS WITH REGARD TO THE REMOVAL OF PERSONS FROM CITY COUNCIL MEETINGS WHEREAS, the City Council has previously adopted rules of procedure governing the conduct of its meetings and has, through the adoption of Resolution 2011-107, recently amended those rules; and WHEREAS, the enactment of laws pertaining to the conduct of meetings of City Council is a matter of purely local concern; and WHEREAS, Section 2-35 of the City Code, which provides for the removal from City Council meetings of persons who fail to comply with the requirements of the presiding officer, currently requires City Council authorization of such removal, which in turn requires a motion and vote of the Council; and WHEREAS, the City Council believes it to be more appropriate for the Mayor or other presiding officer of the meeting to authorize such removal; and WHEREAS, the City Attorney has recommended certain other amendments to Section 2-35 to ensure that removal occurs only if a person in attendance at the meeting significantly and intentionally disrupts the meeting. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 2-35 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-35. Removal from meetings. The presiding officer may order the removal from a City Council meeting or a City Council committee meeting of any person who significantly and intentionally disrupts such meeting by failing to comply with the requirements of the presiding officer in maintaining order during the meeting. Introduced, considered favorably on first reading, and ordered published this 5th day of February, A.D. 2013, and to be presented for final passage on the 26th day of February, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 26th day of February, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk