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HomeMy WebLinkAbout56-95 RESOLUTION• • RESOI.UTION NO. 96-15_ A RESOLUTION APPROVING THE REVISED RULES OF ORDER AND PROCEDURE FOR THE MAYOR/CITY COUNCIL. • BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The Council hereby approves the revisions made to the Rules of Order and Procedure for the Mayor/City Council. A Lopy of the Rules of Order and Procedure is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 18th day of April 1995. ATTEST: By: Traci Paul, City Clerk APPROVED: Fred Hanna, Mayor EXHIBIT A RULES OF ORDER AND PROCEDURE FAYETTEVILLE MAYOR/CITY COUNCIL Re-Adoptni December 13. 1981 Re Adopted imam, 4. 1983 Re-Adaped Jamrary 8. 1985 Re Adopted !canary 6. 1987 Re Adopted Jannary 1. 1989 Revised arid Adopted Janitary 3. 1991 Revised rienvzober 10. 1992 Revised and Adapted April 18. /093 A. CITY COUNCIL MEETINGS Regular Meetings The City Council shall meet in regular session on the first and third Tuesday of each month at 6:30 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 otherwise provided tor by motion. The regular meeting time may he rescheduled by the City Council in special circumstances, but when so done the change must be made far enough in advance to allow normal public notification. 2. thcapfin The place of City C'ouncil meetings shall be the Councilmembers' Room in the City Administration Building unless another place has been previously set by the City Council. 3. Special Meetings Special meetings may be called by three or more Aldermen, or by the Mayor. Notification of a special meeting, including specific items to be considered, shall be at least two 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 he transacted at any special meeting of the City Council unless the same has been stated in the notice of such meeting. However, any additional business which mav lawfully come before a regular meeting may be transacted at a special meeting if all the members of the City Council present consent thereto and all the absent members tile their written consent. 4. Executive Session An executive session may he convened on the request of any member of the City Council or the Mayor. Executive sessions will he 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 thc spirit of the Arkansas Freedom of Information Act. Page 2 Rules of Order and Procedure Mayor/City Council Revised & Adopted April 18, 1995 5. Quorum A majority of the City Council shall he 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 City Council 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 City Council. The means used will include advertisements in a local newspaper, special notice to citizens who have shown a direct interest in matters to he considered, and agenda copies available at City Council meetings. Members of the audience will be offered an opportunity to speak on all questions before the City Council. 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 City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Council members. All remarks shall be addressed to the City Council as a whole and not to any particular member of the City Council. No person other than the City Council members and the person having the floor shall he permitted to enter into any discussions without permission of the Presiding Officer. No questions shall be asked a City Council member or city employee except through the Presiding Officer. All members of the public are requested to accord the utmost courtesy to members of the City Council, to other members of the public appearing before the City Council and to city staff. and are asked to refrain at all times from rude or derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. 7. ;Smoking Prohibited There will be no smoking allowed in the Councilmembers' Room during City Council meetings. B. DUTIES AND PRIVILEGES OF ALDERMEN AT Mal'INGS 1. Seating Members shall occupy the respective scats in the Councilmembers' Room assigned by position number except that the presiding officer (Mayor or Assistant Mayor) shall be seated near the center of the Councilmembers' table. • Page 3 Rules of Order and Procedure Mayor/City Council Revised & Adopted April 18, 1995 2. Conduct During City Council meetings City Councilmemhers 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 City Council. Every member of the City Council 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 indecorous language. A City Council member once recognized shall not be interrupted while speaking unless called to order by the Presiding Officer, unless a point of order is raised hy another member or unless the member chooses to yield to questions from another member. If a member is called to order while he/shc is speaking, he/she shall cease speaking immediately until the question of order is determined. If ruled to he not in order, he/she shall remain silent or shall alter her/his remark so as to comply with the rules of the City Council. All memhers of the City Council shall accord the utmost courtesy to each other, to city employees, and to members of the public appearing before the City Council. and shall refrain at all times from rude or derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. City Council members shall confine their questions as to the particular matters before the City Council and in debate shall confine their remarks to the issues before the City Council. Personal Interest No member of the City Council with a direct or indirect financial or personal interest in any item before the City Council shall participate in the discussion of or voting on such matter. 4. Voting Every member present when a question is 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 preceding discussion of the question and it that member briefly states the reason for the abstention. The Councilmembers will vote at City Council meetings in the order of their position number, hut with a progressively different position voting first at each meeting. Roll Call Upon every vote the affirmative and negative votes shall he called and shall be recorded on every motion. resolution and ordinance; however, items which may Page 4 Rules of Order and Procedure Mayor/City Council Revised & Adopted April 18, 1995 be approved by motion, or contracts and leases which can be approved by resolution, may be grouped together and approved simultaneously with one roll call, under a "Consent Agenda." C. THE PRESIDING OFFICER Assistant Mayor 'the City Council shall at the time of organizing, in public session, elect one of its members as Assistant Mayor. Any Councilmember may nominate himself or herself or any other member of the City Council for these positions, and no second of a nomination is required. Each Councilmember 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 City Council shall be required for election. The Mayor shall preside at all meetings of the City Council; in the absence of the Mayor, the duties shall he performed by the Assistant Mayor. 2. Privileges of the Presiding Officer The Assistant Mayor acting as The Presiding Officer may move, second and debate from the chair and shall not be deprived of the rights and privileges of being a member of the City Council by reason of her or his acting as the Presiding Officer. PROCEDURES AND PARLIAMENTARY RULES 1. Order of Business 1 he City Council's agenda order shall be coordinated by the Mayor. The City Council, by majority vote, may rearrange the order of the agenda. 2. Precedence of Motions The City Council 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 present is required to overturn a ruling of the chair. 3. Motions to be Stated by thc Chair/Withdrawal When a motion is made and seconded, it shall be stated by the Presiding Officer betbre debate. After being stated by the Mayor, a motion may not he withdrawn by the mover without the consent of the member seconding it and approval of the City Council. Page 5 Rules of Order and Procedure Mayor/City Council Revised & Adopted April 18, 1995 4. Reconsideration After the decision of any question, any niember of the majority may request a reconsideration of any action at the same or the next succeeding meeting; provided, however, that a resolution authorizing or relating to any contract may be reconsidered at any time before final execution thereof. A motion to reconsider requires a simple majority for passage. After a motion for reconsideration has once been acted on, no other motion for reconsideration thereof shall be made without unanimous consent. 5. Ikeadings All ordinances shall be read aloud at three different meetings unless the City Council votes to waive the rules. The following guidelines for waiving rules are recommended to be followed: • 'Ihe first discussion of an issue by the City Council will be conducted on the first reading. • If the issue was heard at a previous meeting or hearing. or if there is no opposition to the ordinance. the Council may waive the rules and go to the second or third reading. • Annexation or running ordinances will be read aloud on at least two different meetings unless there is clearly no opposition to the ordinance. E. Iff1._'ERNAL BOARDS. COMMITTEES. COMMISSIONS AND APPOINTMENTS 1. Membership of Internal Boards. Committees. Commission and Appointments The only standing internal committee of the City Council shall be the Nominating Committee. The Mayor shall determine the number of Councilmembers to comprise the Nominating Committee and shall appoint Councilmembers to the committee. Any Councilmember who desires to serve on the Nominating Committee shall so inform the Mayor and the Mayor shall attempt to assign Councilmembers who have expressed a preference for serving on the Nominating Committee 'The Mayor shall also designate the member who is to serve as chairperson of each committee. Any Councilmember dissatisfied with committee assignments, or the chairpersons selected. can appeal to the whole City Council. Ad hoc committees may be appointed either by the Mayor or by a majority vote of the City Council to study special problems and projects of the city. Page 6 Rules of Order and Procedure Mayor/City Council Revised & Adopted April 18, 1995 2. J4Atification and At_Aten tag All Councilmembers, representatives of the news media who have requested notification, and other persons who have shown a direct interest in matters to be considered at a committee meeting, shall be notified of City Council 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 City Council. a majority of the committee members must agree on that recommendation. Councilmembers who are not members of a particular City Council committee may generally participate in the meeting of that committee except for voting on committee recommendations, but the chairman may rule otherwise. 3. City Council Representation on Other Governmental Groupi When it is necessary to appoint a Councilmember to an external board, commission or committee, selection of that Councilmemher shall be made by a majority vote of the City Council. That selection shall be made by nomination and vote in a public session. Any Councilmember may nominate himself or herself or any other member of the City Council. and no second is required. Each Councilmember 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 City Council shall he required for election. F. MAYOR RELATIONSHIP Definition of Authonty In cxercising its management responsibilities, the City Council reserves its authority to approve policy which represents broad statements of its intentions, approve plans and programs, and delegate authority of administration to the Mayor, except those rights that are by law conferred upon or reserved to the City Council. The City Council delegates the authority to the Mayor to hire capable personnel within an approved wage and salary policy, to plan and establish schedules and to train, supervise and terminate employees. Definition of Responsibilities The Mayor has the principal responsibility thr directing the operations of the city government, and for advising and assisting the City Council in its deliberations. In connection with this latter responsibility, the City Council expects and requests the Mayor to furnish it with whatever data, information and material it may need to properly carry out its functions in an informed manner. The City Council also expects the Mayor to abide by the Code of Ethics of the International Mayor's Association. Page 7 Rules of Order and Procedure Mayor/City Council Revised & Adopted April 18. 1995 3. City Council/Mayor Cooperation Efficient management of the city can exist only through mutual understanding and complete cooperation between the City Council and the Mayor. The Mayor's performance cannot be of the best unless he or she is given the latitude to exercise independent judgment in executing policies of the City Council. The City Council acknowledges that obligation and gives the Mayor the latitude of judgment and discretion, and expects faithful performance in carrying out the policies of the City Council. While open communication between the City Council and City personnel is encouraged, it shall be understood that administrative authority for the management of the City rests with the Mayor. Members of the City Council should refrain, as individuals, from giving specific direction or instruction to City personnel pertaining to the discharge of assigned duties. G. CODE OF ETHICS 1. General Members of the City Council 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 Councilmembers shall refrain from making use of special knowledge or information before it is ma& 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 he issued in the normal and lawful discharge of the duties of these municipal officers. Nothing herein. however, shall serve to deny Councilmembers of the legal rights and privileges available to all Fayetteville citizens. 3. Responsibility of All Citizens Councilmembers 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. Councilmembers shall bear in mind at all times their responsibility to the entire electorate, shall refrain from actions benefiting special interest 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. Page 8 Rules of Order and Procedure Mayor/City Council Revised & Adopted April 18. 1995 H. CITIZEN COMMITTEES 1. Am_horization by the City Council The City Council may authorize citizen advisory boards, committees and commissions to assist the City Council in discharging its responsibilities more effectively. Authorization will be made by majority vote of the City Council. 2. Selection of Members The Nominating Committee shall he a standing internal committee of the City Council. The Nominating Committee shall have the responsibility of coordinating the selection process of members for the citizen advisory groups prior to the final City Council 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 City Council 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 Mayor's office of their interest in being considered for appointment. Application Ibrms should be completed by each person who expresses an interest in a position. b. City Council members, city staff members and interested individuals and organizations who know of qualified persons should encourage them to apply for appointment. C. Television cable should be used to notify citizens of vacancies in citizen committees. Any person who has served two consecutive terms on any City commission or board shall not be eligible for re -appointment to the same commission or board until one term of office has expired, unless there are an insufficient number of qualified applicants to fill all vacancies. Prior to any appointment. the Mayor's office will circulate to the full City Council copies of applications of the individuals on file for the appointive body, and will ask that preferred choices be submitted to the Nominating Committee 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 he made in an ()pen meeting. The recommendations will he submitted to the full City Council for final decision. The committee's first choice may be indicated. All positions shall Page 9 Rules of Order and Procedure Mayor/City Council Revised & Adopted April 18. 1995 be decided by majority vote of the City Council. In instances where there is more than one nominee for a position. either by Nominating Committee recommendation or by other nominations. each Councilmember shall vote by naming his or her choice for that position. The City Council will act officially on all appointments in public session. Appointment of New Alderman The City Council shall vole on the appointment of any replacement to fill a vacancy on the City Council. The Council may meet in executive session. after taking applications, and decide if personal interviews are necessary and set dates for interviews. After interviewing any or all candidates, the Council may again meet in executive session on the matter. The City Council will then vote in an open public session and the candidate with the majority of votes will be appointed the new alderman at the following meeting.