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HomeMy WebLinkAbout48-01 RESOLUTIONRESOLUTION NO, 48-01 A RESOLUTION AMENDING THE RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE MAYOR/ CITY COUNCIL BY ADDING A RESTRICTION AGAINST USE OF CELL PHONES AND PAGERS DURING MEETINGS WHEREAS, it is disruptive and inconsiderate for persons attending City Council Meetings to allow their cell phone or pager to make an audible noise during the meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Fayetteville City Council hereby amends its Rules of Order and Procedure by adding paragraph A. 8. Cell Phones and Pagers: • Cell Phones and Pagers Cell phones must be turned off or put in silent mode and not used within the Councilmembers' Room during City Council meetings. Pagers must be turned off or put in silent mode within the Councilmembers' Room during City Council meetings. These restrictions also apply during Agenda Sessions in Room 326." PASSED AND APPROVED this 3rd day of April, 2001. AYE , . . • , APPROVED: By: /leatl*, eather Woodruff, City Clerk By: DAN COODY, M • NAME OF FILE: Resolution No. 48-01 • CROSS REFERENCE: 04/03/01 Resolution No. 48-01 04/09/01 Departmental Memo from City Clerk 04/03/01 Copy of the Rules of:Order and Procedure (revised 4/3/01) NOTES: • • FAYETTE-VILLE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Kit Williams, City Attorney From: Heather Woodruff, City Clerk Date: April 9, 2001 Attached is a copy of the resolution amending the Rules of Order and Procedure of the Fayetteville Mayor/City Council for you records. Please forward a complete copy of the amended policy as soon as possible. The original will then be microfilmed and filed the City Clerk. • • • RULES OF ORDER AND PROCEDURE FAYETTEVILLE MAYOR/CITY COUNCIL Re -Adopted December 15, 1981 Re -Adopted January 4, 1983 Re -Adopted January 8, 1985 Re -Adopted January 6, 1987 Re -Adopted January 3, 1989 Revised and Adopted January 3, 1991 Revised November 10, 1992 Revised and Adopted April 18, 1995 Revised October 3, 1995 (Resolution No. 126-95) Revised February 3, 1998 (Resolution No. 18-98) Revised January 5, 1999 (Resolution No. 99-4) Revised April 3,2001 (Resolution No. 48-01) A. CITY COUNCIL MEETINGS 1. 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 holidayoccurs on any such Tuesday, the regular meeting shall be held on the following Wednesday at the same hour unless otherwise provided for by motion. The regular meeting time may be 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. Location The place of City Council meetings shall be in the. Councilmembers' Room in the City Administration Building unless another place has been previously set by the City Council. 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. 4. Executive Session An executive session may be convened on the request of any member of the City Council or the Mayor. 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. 5. Quorum A majority of the City Council 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 City Council except where otherwise provided by law or by these rules. Page 2 Rules of Order & Procedure Mayor/City Council Revised April 3, 2001 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 be .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 be 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. Cell Plionennd Pagers Cell phones must be turned off or put in silent mode and not used within the Councilmembers' Room during City Council meetings. Pagers must be turned off or put in silent mode within the Councilmembers' Room during City Council meetings. These restrictions also apply during Agenda Sessions in Room 326. B. DUTIES AND PRIVILEGES OF ALDERMEN AT CITY COUNCIL MEETINGS 1. Seatin Members shall occupy the respective seats 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 & Procedure Mayor/City Council Revised April 3, 2001 2. Conduct During City Council meetings, City Councilmembers 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 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 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 members 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. 3. Personal Interest 4. No member of the City Council with a direct or indirect financial or personal interest in any items before the City Council shall participate in the discussion of or voting on such matter. Every member present when a question is put to a vote shall vote either "yes" or except that a member may abstain from voting if he or she has not participated in the preceding discussion of the question and if that member briefly states the reason for the abstention. The Councilmembers will vote at City Council 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; however, items which may 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." Page 4 Rules of Order & Procedure Mayor/City Council Revised April 3, 2001 C. THE PRESIDING OFFICER 1. 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 be performed by the Assistant Mayor. 2. Privilenes 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. D. PROCEDURES AND PARLIAMENTARY RULES 1. Order ofBusiness The City Council's agenda order shall be coordinated by the Mayor. All items for discussion or action at the regular council meeting shall be included in a Tentative Agenda provided to Aldermen prior to an Agenda Session where the Aldermen shall determine the final arrangement of the Agenda. Any item the Mayor wishes to include on the Final Agenda that was not included on the Tentative Agenda may only be added to the Final Agenda during the Agenda Session and only by a majority vote of the Aldermen serving on the City Council. At the regular meeting of the Council, 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 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 City Council. • • • Page 5 Rules of Order & Procedure Mayor/City Council Revised April 3,2001 4. Reconsideration After the decision of any question, any member 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. Readings 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: • The 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 rezoning ordinances will be read aloud on at least two different meetings unless there is clearly no opposition to the ordinance. E. INTERNAL BOARDS, COMMITTEES, COMMISSIONS AND APPOINTMENTS 1. Membership Of Internal Boards, Committees, Commissions 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. 2. Notification and Attendance 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. • • Page 6 Rules of Order & Procedure Mayor/City Council Revised April 3, 2001 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 Groups When it is necessary to appoint a Councilmember to an external board, commission or committee, selection of that Councilmember 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 Councilmembei 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. F. MAYOR RELATIONSHIP 1. Definition of Authority In exercising 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. 2. Definition of Responsibilities The Mayor has the principal responsibility for directing the operations of the city govemment, 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 marmer. The City Council also expects the Mayor to abide by the Code of Ethics of the International Mayor's Associati6n. 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 • • • • • • Page 7 Rules of Order & Procedure Mayor/City Council Revised April 3, 2001 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 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 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. In an effort to allow the public full knowledge of financial and personal interests, council members are expected to disclose annually all real estate holdings in Fayetteville and the Fayetteville planning area, and any business or financial interest which could affect or be affected by decisions of the City Council. Such disclosure should be made in writing to the City Clerk in January of each.year. II. CITIZEN COMMITTEES 1. Authorization 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. Page 8 Rules of Order & Procedure Mayor/City Council Revised April 3, 2001 2. Selecting of Members The Nominating Committee shall be 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 forms 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. Cable television should be used to notify citizens of vacancies in citizen committees. d. Any person who has served two consecutive full terms on any City commission or board shall not be eligible for reappointment to the same commission or board until one full terms of office as expired, unless there are an insufficient number of qualified applicants to fill all vacancies. A full term shall be the term established by the City Council for the commission or board, or an appointment to a vacant position when the person appointed participates in regularly scheduled meetings of the commission or board for one-half or more of the term established by the City Council. 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 be made in an open meeting. The recommendations will be submitted to the full City Council for final decision. The committee's first choice may be indicated. All positions shall 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. • • • • Page 9 • • Rules of Order & Procedure Mayor/City Council Revised April 3, 2001 1. Appointment of New Alderman The City Council shall vote 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. • • • 4 • 0 r 2e5 #°( 4-5M1 RULES OF ORDER AND PROCEDURE FAYETTEVILLE MAYOR/CITY COUNCIL Re -Adopted December 15, 1981 Re -Adopted January 4, 1983 Re -Adopted January 8, 1985 Re -Adopted January 6, 1987 Re -Adopted January 3, 1989 Revised and Adopted January 3, 1991 Revised November 10,1992 Revised and Adopted April 18, 1995 Revised October 3, 1995 (Resolution No. 126-95) Revised February 3, 1998 (Resolution No. 18-98) Revised January 5, 1999 (Resolution No. 99-4) Revisal April 3,2001 (Resolution No. 48-01) A. CITY COUNCIL MEETINGS 1. 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 for by motion. The regular meeting time may be 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. Location The place of City Council meetings shall be in 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. 4. Executive Session An executive session may be convened on the request of any member of the City Council or the Mayor. 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. 5. Quorum A majority of the City Council 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 City Council except where otherwise provided by law or by these rules. Page 2 Rules,of Order & Procedure Mayor/City Council Revised April 3, 2001 • 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 be 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 be 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. 8. Cell Phones and Pagers Cell phones must be turned off or put in silent mode and not used within the Councilmembers' Room during City Council meetings. Pagers must be turned off or put in silent mode within the Councilmembers' Room during City Council meetings. These restrictions also apply during Agenda Sessions in Room 326. B. DUTIES AND PRIVILEGES OF ALDERMEN AT CITY COUNCIL MEETINGS 1. Seating Members shall occupy the respective seats 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. • • • 1. • • • • Page 3 Rules of Order & Procedure Mayor/City Council Revised April 3, 2001 2. Conduct During City Council meetings, City Councilmembers 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 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 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 members 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. 3. Personal Interest No member of the City Council with a direct or indirect financial or personal interest in any items before the City Council shall participate in the discussion of or voting on such matter. 4. a: Ltiag Every member present when a question is put to a vote shall vote either "yes" or except that a member may abstain from voting if he or she has not participated in the preceding discussion of the question and if that member briefly states the reason for the abstention. The Councilmembers will vote at City Council 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; however, items which may 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." Page 4 Rules of Order & Procedure Mayor/City Council Revised April 3, 2001 C. THE PRESIDING OFFICER 1. 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 be 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. D. PROCEDURES AND PARLIAMENTARY RULES 1. Order of Business The City Council's agenda order shall be coordinated by the Mayor All items for discussion or action at the regular council meeting shall be included in a Tentative Agenda provided to Aldermen prior to an Agenda Session where the Aldermen shall determine the final arrangement of the Agenda. Any item the Mayor wishes to include on the Final Agenda that was not included on the Tentative Agenda may only be added to the Final Agenda during the Agenda Session and only by a majority vote of the Aldermen serving on the City Council. At the regular meeting of the Council, 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 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 City Council. • • • • • • • Page 5 Rules of Order dr Procedure Mayor/City Council Revised April 3, 2001 4. Reconsideration After the decision of any question, any member 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. Readings 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. • The 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 rezoning ordinances will be read aloud on at least two different meetings unless there is clearly no opposition to the ordinance. E. INTERNAL BOARDS, COMMITTEES, COMMISSIONS AND APPOINTMENTS 1. Membership Of Internal Boards, Committees, Commissions 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. 2. Notification and Attendance 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. Page 6 Rules of Order & Procedure Mayor/City Council Revised April 3, 2001 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 Groups When it is necessary to appoint a Councilmember to an external board, commission or committee, selection of that Councilmember 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 be required for election. F. MAYOR RELATIONSHIP 1. Definition of Authority In exercising 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. 2. Definition of Responsibilities The Mayor has the principal responsibility for 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. 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 • • • • • • Page 7 • • Rules of Order di Procedure Mayor/City Council Revised April 3, 2001 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 I. 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 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 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. In an effort to allow the public full knowledge of financial and personal interests, council members are expected to disclose annually all real estate holdings in Fayetteville and the Fayetteville planning area, and any business or financial interest which could affect or be affected by decisions of the City Council Such disclosure should be made in writing to the City Clerk in January of each.year. H. CITIZEN COMMITTEES 1. Authorization 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. Page 8 Rules of Order & Procedure Mayor/ City Council Revised April 3, 2001 2. Selecting of Members The Nominating Committee shall be 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 forms 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. Cable television should be used to notify citizens of vacancies in citizen committees. d. Any person who has served two consecutive full terms on any City commission or board shall not be eligible for reappointment to the same commission or board until one full terms of office as expired, unless there are an insufficient number of qualified applicants to fill all vacancies. A full term shall be the term established by the City Council for the commission or board, or an appointment to a vacant position when the person appointed participates in regularly scheduled meetings of the commission or board for one-half or more of the term established by the City Council. 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 be made in an open meeting. The recommendations will be submitted to the full City Council for final decision. The committee's first choice may be indicated. All positions shall 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. • • •