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HomeMy WebLinkAbout70-77 RESOLUTION• • RESOLUTION NO. -70--7,1 A RESOLUTION ADOPTING RULES OF ORDER AND PROCEDURE FOR THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Board of Directors hereby approves and adopts the Rules of Order and Procedure attached hereto, marked Exhibit "A", and made a part hereof. �,' PASSED AND APPROVED THIS o? I'' DAY OF C�� J -` 42"y ' 1977. APPROVED: ATTEST: MAYOR CITY CLERK MICROFILMED DATE OCT 2 o ws REEL J. • • page 9. 09 RULES OF ORDER AND PROCEDURE FOR THE FAYETTEVILLE CITY BOARD OF DIRECTORS 4 A. BOARD MEETINGS 1. Regular Meetings. The Board shall meet in regular session on the first and third Tuesday of each month at 7:30 p.m. When a holiday occurs on any such Tuesday the regular meeting shall be held on the following Wednesday at the same hour unless other- wise provided for by motion. The regular meeting time may be rescheduled by the Board in special circumstances, but when so done the change must be made far enough in advance to allow normal public notification. 2. Location. The place of Board meetings shall be the Directors' Room in the City Administration Building unless another place has been previously set by the Board of Directors. 3. Special Meetings. Special meetings may be called by four. or more members of the Board or by the Mayor. Notification of a special meeting, including specific items to be considered, shall be at.least four hours prior to the meeting. Such notification shall be by personal service to each member or by telephone, specifying time and place of meeting. No business shall be transacted at any special meeting of the Board unless the same has been stated in the notice of such meeting. However, any additional business which may lawfully come before a regular meeting may be transacted at a special meeting if all the members of the Board present consent thereto and all the absentumbers iiletheir written consent. 4. Executive Session. An executive session may be convened on the request of any member of the Board or of the City Manager. Executive sessions will be permitted only for the purpose of considering the employment, appointment, promotion, demotion, disciplining, or resignation of any public officer or employee. All executive sessions shall be conducted strictly within the letter and the spirit of the Arkansas Freedom of Information Act. 5. Quorum. A majority of the Board shall be necessary to constitute a quorum to do business. The concurring vote of a majority of those attending a meeting, providing a quorum is present, shall represent the acts of the Board except where otherwise provided by law or by these rules. 6. Public Notification and Participation. The City will, if necessary, go further than legally required in order to inform citizens of the items to be considered by the Board. The means used will include advertisements in a local newspaper, special notice to citizens who have shown a direct interest in matters to be considered, and agenda copies available at Board meetings. Members of the audience will be offered an opportunity to speak on all questions before the Board. Any public member shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the Board or to the Planning Commission when those Planning Commission minutes have been provided to the Directors. All remarks shall be addressed to the Board as a whole and not to any particular member of the Board. No person other than the Board members and the person having the floor shall be permitted to enter into any discussion without permission of the presiding officer. No questions shall be asked a Board member except through the presiding officer. 7. Smoking Prohibited. There will be no smoking allowed in the Directors' Room during Board meetings. i 4 1 B. DUTIES AND PRIVILEGES OF BOARD MEMBERS AT BOARD MEETINGS page 911./.0 • 1. Seating,. Members shall occupy the respective seats in the Directors' Room assigned by position number except that the Presiding Officer (Mayor or Assistant Mayor) shall be seated near the center of the Directors' table. 2. Conduct. During Board meetings Board members shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings. Neither shall they refuse to obey the orders of the Presiding Officer or the rules of the Board. Every member of the Board desiring to speak shall address the chair and, upon recognition by the Presiding Officer, shall confine herself or himself to the question under debate and shall avoid all personalities and indecorus language. Every member of the Board desiring to question the administrative staff shall address his/her question to the City Manager who shall be entitled either to answer the inquiries himself/herself or to designate some member of his/her staff for that purpose. A Board member once recognized shall not be interrupted while speaking unless called to order by the Presiding Officer, unless a point of order is raised by another member or unless the member chooses to yield to questions from another member. If a member is called to order while he/she is speaking he/she shall cease speaking immediately until the question of order is determined. If ruled to be in order, he/she shall be permitted to proceed. If ruled to be not incrder, he/she shall remain silent or shall alter her/his remark so as to comply with the rules of the Board.' All members of the Board shall accord the utmost courtesy to each other, to city employees, and to members of the public appearing before the Board, and shall refrain at all times from rude or derogatory remarks, reflections as to integrity, abusive comments, and statements as to motives and personalities. Board members shall confine their questions as to the particular matters before the Board and in debate shall confine their remarks to the issues before the Board. 3. Personal Interest. No member of the Board with a direct or indirect financial or personal interest in any item before the Board shall participate in the discussion of or voting on such matter. 4. Voting. Every member present when a question 1s put to a vote shall vote either "yes" or "no," except that a member may abstain from voting if he or she has not participated in the preceeding discussion of the question and if that member briefly states the reason for the abstention. The Directors will vote at Board meetings in the order of their position number, but with a progressively different position voting first at each meeting. 5. Roll Call. Upon every vote the affirmative and negative votes shall be called and shall be recorded on every motion, resolution, and ordinance. C. THE PRESIDING OFFICER 1. Mayor and Assistant Mayor. The Board of Directors shall at the time of organizing, in public session, elect one of its members as Mayor and another as Assistant Mayor. Any Director may nominate himself or herself or any other member of the Board for these positions, and no second of a nomination is required. Each Director shall vote by naming his or her -choice by voice vote if there is more than one nominee for a position. A majority vote of the Board of Directors shall be required for election. The Mayor shall preside at all meetings of the Board; in the absence of the Mayor, the duties shall be performed by the Assistant Mayor. 2. Privileges of the Presiding Officer. The Presiding Officer may move, second, and debate from the chair and shall not be deprived of the rights and privileges of a member of the Board of Directors by reason of her or his acting as the Presiding Officer. C 4 page 9.12 F. CITY MANAGER RELATIONSHIP 1. Definition of Authority. In exercising its management responsibilities, the Board of Directors reserves its authority to approve policy which represents broad statements of intentions, approve plans and programs, and delegate authority of administration to the City Manager, except those rights that are by law conferred upon or reserved to the Board. The Board of Directors delegates the authority to the City Manager to hire capable personnel within an approved wage and salary policy, to plan and establish schedules and to train, supervise and terminate employees. Should any Director or the City Manager in conversation with others, make commitments for the Board of Directors, that Director or City Manager becomes involved in a serious breach of policy. Therefore, Directors and the City Manager shall refrain from acting as a spokesperson for the Board except for policies previously authorized by the Board. 2. Definition of Responsibilities. The Board of Directors has responsibility for the employment of a City Manager, and further the additional responsibility for a systematic appraisal and review of his performance so that personal development and organizational improvement are encouraged. The City Manager has the principal responsibility for directing the operations of the city government, and for advising and assisting the City Board in its deliberations. In connection with this latter responsibility, the Board of Directors expects and requests the City Manager to furnish it with whatever data, information, and material it may need to properly carry out its functions in an informed manner. The Board of Directors also expects the City Manager to abide by the Code of Ethics of the International City Manager's Association. 3. Board of Directors/City Manager Cooperation. Efficient management of the city can exist only through mutual understanding and complete cooperation between the Board of Directors and the City Manager. The City Manager's performance cannot be of the best unless he or she is given the latitude to exercise independent judgment in executing policies of the Board of Directors. The Board of Directors acknowledges that obligation and gives the City Manager the latitude of judgment and discretion, and expects faithful performance in carrying out the policies of the Board of Directors. It shall be distinctly understood that authority for the management of the city shall pass through the City Manager and that he, or a representative authorized by him, shall be the only official contacts between the Board of Directors and employed personnel. Members of the Board of Directors should refrain, as individuals, from discussing management problems with the personnel of the city except in cases where the Board of Directors may deem it necessary to confer with personnel at regular or special meetings of the Board, and then in the presence of the City Manager. G. Code of Ethics. 1. General. Members of the Board of Directors occupy positions of public trust. All business transactions of such officials dealing in any manner with public funds, either directly or indirectly, must be subject to the scrutiny of public opinion both as to the legality and to the propriety of such transactions. 2. Conflict of Interest. • Directors shall refrain from making use of special knowledge or information before it is made available to the general public; shall refrain from making or influencing decisions involving business associates, customers, clients, competitors, and immediate family members and shall comply with all lawful actions, directives, and orders of duly constituted municipal officers as such may be issued in the normal and lawful discharge of the duties of these municipal officers. Nothing herein, however, shall serve to deny Directors of the legal rights and privileges available to all Fayetteville citizens. 3. Responsibility to All Citizens. Directors shall conduct themselves so as to bring credit upon the city as a whole and so as to set an example of good ethical conduct for all citizens of the community. Directors shall bear in mind at all times their responsibility to the to the entire electorate, shall refrain from actions benefitting special interest • page 9x11 D. PROCEDURES AND PARLIAMENTARY RULES 1. Order of Business. The order of the Board's agenda shall be set by the City Manager. The Board, by majority vote, may rearrange the order of the agenda. 2. Precedence of Motions. The Board of Directors shall follow the precedence and classification of motions as given in the most recent edition of the Arkansas Municipal League's "Handbook for Arkansas Municipal Officials." In the event a matter is not covered by the Handbook, the most recent edition of "Robert's Rules of Order" shall apply.. On questions of appeal, a majority of those members present is required to over- turn a ruling of the chair. 3. Motions to be Stated by the Chair/Withdrawal. When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. After being stated by the Mayor, a motion may not be withdrawn by the mover without the consent of the member seconding it and approval of the Board. 4. Reconsideration. • After the decision.of any question, any member of the majority may move a reconsideration of any action at the same or the next succeeding meeting; provided however, that a resolution authorizing or relating to any contract nay be recon- sidered at any time before final execution thereof. A motion to reconsider requires a simple majority far passage. After a motion for reconsideration has once been acted on, no other motion for reconsideration thereof shall be made without unanimous consent. 5. Readings. All ordinances shall be read aloud at three different meetings unless the Board of Directors votes towaive the rules. E. INTERNAL BOARD COMMITTEES AND APPOINTMENTS 1. Membership of Internal Board Committees. The Mayor shall determine the number of Directors for such standing committees of the Board as may be authorized by vote of the Board, and shall appoint Directors to those committees. Each Director will inform the Mayor of his or her preferences for committee membership, and the Mayor shall attempt to assign Directors to their preferred committees. The Mayor shall also designate the member who is to serve as chairperson of each committee. Any Director dissatisfied with committee assignments, or the chairpersons selected, can appeal to the whole Board. Ad hoc committees may be appointed either by the Mayor or by a majority vote of the Board of Directors to study special problems and projects of the city. 2. Notification and Attendance. All Directors, representatives of the news media who have requested notifi- cation, and other persons who have shown a direct interest in matters to be considered at a committee meeting shall be notified'of Board committee meetings. Committee meetings shall be held, when possible, at times that allow all members of the committee to attend. In order for a committee to make an official recommendation to the Board of Directors, a majority of the committee members must agree on that recommendation. Directors who are not members of a particular Board committee may generally participate in the meeting of that committee except for voting on committee recommendations, but the chairman may rule otherwise. 3. Board Representation on Other Governmental Groups. When it is necessary to appoint a Director to an external board, commission or committee, selection of that Director shall be made by a majority vote of the Board of Directors. That selection shall be made by nomination and vote in a public session. Any Director may nominate himself or herself or any other member of the Board, and no second Is required. Each Director shall vote by naming his or her choice by voice vote if there is more than one nominee for a position. A majority vote of the Board of Directors shall be required for election. 4 • page 9. 13 groups at the expense of the city as a whole, and shall do everything in their power to ensure equal and impartial law enforcement throughout the city without respect to race, creed, color, or the economic or social position of individual citizens. H. CITIZEN COMMITTEES 1. Authorization by the Board. The Board of Directors may authorize citizen advisory boards, committees, and commissions to assist the Board in discharging its responsibilities more effectively. Authorization will be made by majority vote of the Board of Directors. 2. Selection of Members. One of the standing internal committees of the Board of Directors shall be the Nominating Committee. The Nominating Committee shall have the responsibility of coordinating the selection process of members for the citizen advisory groups prior to the final Board decision. The objectives of the selection process shall be as follows: To provide a broad cross-section of qualified individuals for service on the appointed bodies; to provide an opportunity for participation in city affairs by interested citizens; and to provide a means for involvement of all Board members in the selection process. The selection process shall follow these procedures: a. Periodic news advertisements and articles, generally at least two weeks in advance of appointments, requesting interested individuals to notify the City Manager's Office of their interest in being considered for appointment. Application forms should be completed by each person who expresses an interest in a position. b. Board members, city staff members, and interested individuals and organizations who know of qualified persons should encourage them to apply for appointment. c. If future Annual Reports are published, a memo should be included asking citizens to indicate by return mail or telephone any appointments for which they would like to be considered. Prior to any appointment, the City Manager's Office will circulate to the full Board copies of applications of the individuals on file for the appointive body, and will ask that preferred choices be submitted to the Nominating Commit- tee prior to their scheduled meeting. The Nominating Committee will narrow the list of prospective appointees to no more than two individuals for each position. This decision will be rade in an open meeting. The recommendations will be submitted to the full Board for final decision. The Committee's first choice may be indicated. All positions shall be decided by majority vote of the Board of Directors. In instances where there is more than one nominee for a position, either by Nominating Committee recommendation, or by other nominations, each Director shall vote by naming his or her choice for that position. The Board of Directors will act officially on all appointments in public session.