HomeMy WebLinkAboutMemo - Read Before Packet - 2/5/2013 (7)City of o Fort Collins
MEMORANDUM
DATE: February 5, 2013
TO: Honorable Mayor and City Councilmembers
THROUGH: Darin Atteberry, City Manager
Diane Jones, Deputy City Manager
FROM: Wanda Nelson, City Clerk
Carrie Daggett, Deputy City Attorney
City Clerk
300 LaPorte Avenue
PO Box 560
Fort Collins, CO 60522
970.221.6515
970,221-6295 - fax
fcgov.comlcityclerk
RE: Read -Before Packet Item: February 5, 2013 Agenda Item #31- Items Relating to
Citizen Participation at Council Meetings
Resolution 2013-008 amends the Rules of Procedure governing City Council meetings. Included
Gamong the new rules is a provision dealing with the distribution of literature in City Hall. The
version of the rule that was included in the packet reflects a misunderstanding of the direction
previously given by the Leadership Team. Therefore, the following revised version of the rule
has been prepared for Council's consideration:
Distribution of literature. a ' ' ' ^'- ` - Of 41i0F_q MhOF lif ff..tUR ethL . than
to the Cit)' /`^aaReil Or Cif.' Stag is RE)t . e*ed ill (`:t., Mall O H the ^ .a.6 ....FAP
a,..d e-.a.a....... a.R-a. ,..Lida the S80t. (FA ftiR) d,...FS Of C-it)' Mall Pee le WiShi"
§,ehMes.Distribution of fliers or other literature is permitted in the public lobby
areas of City Hall onto when City Hall is open for a public event. Distribution of
fliers and other literature is permitted on the sidewalks and grounds around City
Hall, but not on the south ramp and entrance area outside the south (main) doors
of Citv Hall. People wishing to engage in such activities may do so only in a
manner that does not interfere with the movement of persons using the lobby area,
or obstruct the passage of pedestrians or vehicles. No fliers or other literature may
be attached to, or deposited or left unattended on. City propertv, without the
express permission of an authorized Citv representative.
Staff will provide additional detail at tonight's meeting.
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• RESOLUTION 2013-008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING AMENDED RULES OF PROCEDURE
GOVERNING THE CONDUCT OF CITY COUNCIL MEETINGS
WITH REGARD TO CITIZEN COMMENT
WHEREAS, on May 6, 2003, the City Council adopted Resolution 2003-63 which
established certain Rules of Procedure Governing the Conduct of City Council Meetings (the "Rules
of Procedure"); and
WHEREAS, the Rules of Procedure have subsequently been amended by the adoption of
Resolutions 2004-112 and 201 l-107; and
WHEREAS, the City Council wishes to further amend the Rules of Procedure to give greater
clarity to the expectations and responsibilities of citizens participating in such meetings; and
WHEREAS, City staffhas recommended certain time, manner and place restrictions that will
help protect meeting participants from distraction or intimidation as they present their comments and
concerns to the City Council and will promote the orderly conduct of the meetings; and
WHEREAS, the City Council believes that such regulations are in the best interests of the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section1. That the following revised Rules of Procedure Governing the Conduct of City
Council Meetings are hereby adopted by the City 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
City Manager's Agenda Review
Opportunity for City Council to Pull Consent Items
Opportunity for Citizens to Pull Consent Items
Citizen Participation
Citizen Participation Follow-up
Consent Calendar
Consent Calendar Follow-up
Staff Reports
• Councilmember Reports
Council -Pulled Consent Items U
Items Needing Individual Consideration
Citizen -Pulled Consent Items
Other Business
Adjournment
Section 2. Length of Meetings
a. Council meetings will begin 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) short 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 IMagm residing officer 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 eity-Council may, by majority vote, extend
a meeting until no later than 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 J
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 fast on the discussion agenda for such meeting.
Section 3. Citizen Comment.
a. Comment during Citizen Participation. During the "Citizen Participation"
segment of each meeting, citizen comment will be allowed on matters of
interest or concern to citizens other than the following:
(1) items to be considered by the f-ity-Council under the discussion
agenda for that night's meeting;
(2) matters that are the subject of an application that has been filed with
the City when the approval or disapproval of the application is
appealable to the Eity-Council.
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
iMayorpresiding officer 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 3Mayorliresiding officer will shorten the allotted time in order to allow as
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• many people as possible to address the Council within a reasonable period
of time given the scheduled agenda.
b. Comment on Agenda Items. 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 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.
c—The time limits for individual citizen comments regarding agenda items will
be established by the May orpresiding officer prior to each such item. In
order to determine the amount of time to be allotted to each speaker, the
Mayopresiding officer will ask for a show ofhands 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 Mayo, residing officer may increase or
decrease the time limits per speaker as he or she deems necessary to facilitate
the eity-Council's understanding of the item, or to allow the Council to
consider and act upon the item in a timely fashion.
dc. Time Limits Subject to Modification by Council. Any determination of the
Mayu, residing officer with regard to the foregoing time limits may be
overridden by a majority vote of the Council.
d. Manner of Addressing the Council. Comment and testimony are to be directed to the
Council. Unless otherwise directed by the presiding officer, all comments must be
made into the microphone.
C. Yielding the Podium. Each speaker shall promptly cease his or her comments and
yield the podium immediately upon the expiration of the time allotted by the
presiding officer.
f. Yielding of Time. No speaker may yield part or all of his or her time to another,
and no speaker will be credited with time requested but not used by another.
g. Audible Expressions of Support or Opposition. Members of the audience shall not
engage in audible expressions of support or opposition such as clapping, whistling,
cheering, foot stomping, booing, hissing, speaking out, yelling, or other acts that
disturb, disrupt, or impede the meeting or any recognized speaker.
h. Signs. Signs no larger than I I" x 17" are permitted in the City Council Chambers.
• Such signs must be held directly in front of one's body so as not to impede the view
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of others. Signs may not be waved, held by more than one person at a time, or used
in a manner that, in the judgment of the presiding officer, disrupts the orderly
conduct of business. Signs may not be left unattended anywhere in the Council
Chambers. Signs attached to sticks. poles, or other objects are prohibited in the
Council Chambers.
j. Distribution of literature.
vehielm.Distribution of fliers or other literature is permitted in the public lobby areas
of City Hall onlv when Ciry Hall is open for a public event. Distribution of fliers and
other literature is permitted on the sidewalks and grounds around City Hall, but not
on the south ramp and entrance area outside the south (main) doors of Citv Hall.
People wishingto o engage in such activities may do so only in a manner that does not
interfere with the movement of persons using the lobby arm or obstruct the passage
of pedestrians or vehicles. No fliers or other literature may be attached to. or
deposited or left unattended on. City property. without the express permission of an
authorized City representative.
k. Video and Audio Recording. Video and audio recording by the press or other
members of the public is permitted in the Council Chambers only if the person
making the recording is seated in the Chambers, standing in a side aisle, or standing
in the back of the Chambers behind all seated persons.
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 Niayvq residing officer. The Mayorpresiding officer 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 5. 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
J
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v 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. I 1 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
39fayu, residing officer. 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 residing officer places the Motion before the Council by
stating it, the maker can withdraw or modify the motion. After a motion has been seconded and
stated by the $faynrpresiding officer 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
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arisen. By adopting a motion to lay on the table, a majority has the power to immediately halt the J
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 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. It is useful in disposing of an item or motion that cannot either be adopted or
expressly rejected without undesirable consequences. 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. "Calling. the Ouestion". "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 iMaympresiding officer 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.
1. 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 IMayorpresiding off icer 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. However, with the Mayorapresiding officers 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
Mayerpresiding officer can either immediately rule, subject to appeal to the Council, or the
Mayarpresiding officer 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 iMayo, residing officer 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
Stayerpresiding officer. When the Stayvrpresiding officer 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 Ntayerpresiding officer. 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 Ouestion. 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
0
• 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 anytime 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.
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
amotion. 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 wasjust prior to a vote being taken. Instead, it either entirely nullifies
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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.
1. 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 othermotions.
The privileged motion to adjourn is neither debatable 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 2. 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 of the Council of the City of Fort Collins this 5th
day of February, A.D. 2013.
Mayor
ATTEST:
City Clerk