HomeMy WebLinkAbout2004-112-09/21/2004-ADOPTING AMENDED RULES OF PROCEDURE GOVERNING THE CONDUCT OF CITY COUNCIL MEETINGS SO AS TO INCLUDE 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 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.
b. 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 Mayor prior to each such item. In order to determine
2
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.
d. Any determination of the Mayor with regard to the foregoing time limits may
be 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 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
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.
3
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
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
4
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 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
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.
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
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.
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
5
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 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 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.
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
6
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.
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 other
motions.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
7
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 21st day of September, A.D. 2004.
M yor
ATTEST:
City Clerk
8