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HomeMy WebLinkAbout34-03 RESOLUTIONRESOLUTION NO. 34-03 A RESOLUTION AMENDING THE RULES OF ORDER & PROCEDURE - MAYOR/CITY COUNCIL. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby repeals the Rules of Order & Procedure - Mayor/City Council and the attached document marked Exhibit "A" is inserted in their stead. PASSED and APPROVED this 4th day of March, 2003. APPROVED: By By; :°46adt.2 44-4-40. SONDRA SMITH, City Clerk DAN COODY, May RULES OF ORDER AND PROCEDURE FAYETTEVILLE MAYOR/CITY COUNCIL Adopted March 4.2003 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 6:00 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 Ciry Council Chambers 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 requested by any member of the City Council or the Mayor. A majority vote by the City Council is required to convene in executive session. 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 shall be sufficient to pass procedural motions except a Motion to Suspend the Rules which requires six affirmative votes. Ordinances and Resolutions require five affirmative votes to pass. 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 Page 2 Rules of Order k Procedure Mayor/City Council Adopted March 4, 2003 • • 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 Aldermen. 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 Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall he asked an Alderman or city employee except through the Mayor. 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 moti'.es and personalities. 7. Smoking Prohibited There will be no smoking allowed in the City Council Chambers during City Council meetings. 8. CeII Phones and Pagers Cell phones must be turned off or put in silent mode and not used within the City Council Chambers during City Council meetings. Pagers must be tumed off or put in silent mode within the City Council Chambers during City Council meetings. These restrictions also apply during Agenda Sessions in Room 326. B. DUTIES ANI) PRIVILEGES OF ALDERMEN AT CITY COUNCII. MEETINGS 1. Seating Members shall occupy the respective scats in the City Council Chambers assigned by position number. The Mayor (or Assistant Mayor in the Mayor's absence) shall be seated near the center of the Aldermen's table. 2. Conduct During City Council meetings, City Aldermen 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 Mayor 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 Mayor, shall confine herself or himself to the question under debate and shall avoid all personalities and indecorous language. A City Council member once Page 3 Rules of Order dr Procedure Mayor/City Council Adopted March 4 2003 • • recognized shall not be interrupted while speaking unless called to order by the Mayor, 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 or she is speaking, the member shall cease speaking immediately until the question of order is determined. If ruled to be not in order, the member shall remain silent or shall alter his or her 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 rcfrain 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. Financial Interest No member of the City Council with a direct or indirect financial interest in any items 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 if that member briefly states the reason for the abstention. The Aldermen 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 CaII 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 he approved by motion, or contracts and leases which can be approved by resolution, may he grouped together and approved simultaneously with one roll call, under a "Consent Agenda.." C. MAYOR & VICE MAYOR 1. Mavor a. General Power to Preside and Vote The Mayor is the presiding officer and ex officio president of the City Council. The Mayor may vote to establish a quorum or to pass an ordinance, resolution or motion if the Mayor's vote is needed for passage. The Mayor docs not have the right to vote for an Emergency Clause on an ordinance. An Emergency Clause requires six affirmative votes by aldermen to pass. Page 4 Rules of Order & Procedure Mayor/City Council Adopted March 4, 2003 • • b. Mayor's Veto Power The Mayor has the power to veto any ordinance, resolution or order, or part thereof, adopted by the City Council within five (5) days (Sundays excluded) of the City Council vote. Before the next City Council meeting, the Mayor shall file in the City Clerk's office a written statement of reasons for the veto. At the first City Council meeting following the veto, the City Council can override the veto by two-thirds majority (6 affirmative votes). 2. Vice Mayor The City Council shall at the time of organizing, in public session, elect one of its members as Vice Mayor. Any Alderman may nominate himself or herself or any other member of the City Council for Vice Mayor, and no second of a nomination is required. Each Alderman 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. In the absence of the Mayor, the Vice Mayor shall preside at the City Council meeting. 3. Privileges of the Vice Mayor The Vice Mayor acting as the Mayor 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 Vice Mayor. D. PROCEDURES AND PARLIAMENTARY RULES 1. Agenda 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 or an Alderman 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. At the regular meeting of the City Council, the Council, by majority vote, may rearrange the order of the Agenda. An item may be added to the Agenda at the City Council meeting only by a Motion to Suspend the Rules. 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 }landbook, 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. Page 5 Rules of Order & Procedure Mayor/City Council Adopted March 4, 2003 • • 3. Motions to be Stated by the Chair/Withdrawal When a motion is made and seconded, it shall be stated by the Mayor 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. 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. Readin¢s All ordinances shall be read aloud at three different meetings unless the City Council votes to suspend the rules. The following guidelines for reading ordinances are recommended: • After the ordinance's first reading, aldermen may briefly point out potential concerns or benefits from the proposed ordinance, but should refrain from attempting to persuade each other or arrive at a final consensus. • Unless there is clearly no opposition or concern about the ordinance, it should be read and open for public discussion during at least two City Council meetings. • Complex ordinances that need further clarification or drafting work should be referred to the Ordinance Review Committee. E. INTERNAI. BOARDS, COMMITTEES, COMMISSIONS AND APPOINTMENTS 1. Membership Of Internal Boards, Committees, Commissions And Appointments A. Standing City Council Committees. The four standing committees of the City Council are: Nominating, Ordinance Review, Streets, and Water and Sewer. Each committee shall have four aldermen members appointed by the Mayor in January after every regular election. All Aldermen shall serve on two of these four committees. Each committee shall elect a chairman and vice chairman during the first committee meeting after the aldermen are appointed. B. Other committees (See also Section 11. Citizens Committees) Aldermen may volunteer or request to serve on any of the various other committees which have Alderman slots. The Mayor may appoint Aldermen to the other committees pursuant to their request. Page 6 Rules of Order & Procedure Mayor/City Council Adopted March 4 200.9 • • C. Appeal Right To City Council Any Alderman who is dissatisfied with his or her committee assignments can appeal to the whole City Council who can determine by majority vote Alderman will be appointed to a specific committee. D. Ad Hoc Committees. Ad hoc committees may he 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 Aldermen, 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. Aldermen 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 chairperson may rule otherwise. 3. City Council Representation on Other Governmental Groups When it is necessary to appoint a Alderman to an external board, commission or committee, selection of that Alderman 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 Alderman may nominate himself or herself or (any other member of the City Counci), and no second is required. Each Alderman 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 legislative responsibilities, the City Council may approve policy which represents broad statements of its intentions, approve plans and programs, and manage the financial aspects of the city through its budgetary powers. The Mayor is empowered to hire capable personnel within the 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 shall furnish the City Council with whatever data, information and material it may Page 7 • • Rules of Order & Procedure Mayor/City Council Adopted March 4, 2(03 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. 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 the Mayor 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 cxpects 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 and the Mayor 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 Members of the City Council and the Mayor 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 the Members of the City Council and the Mayor of the legal rights and privileges available to all Fayetteville citizens. 3. Responsibility of All Citizens Members of the City Council and the Mayor 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. The Members of the City Council and the Mayor 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 & Procedure Mayor/City Council Adopted March 4, 2003 • • In an effort to allow the public full knowledge of financial and personal interests, the Members of the City Council and the Mayor arc 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 bc affected by decisions of thc 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. 2. Selectins; of Members 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 diversity of qualified individuals for service on the appointed bodies; and to provide an opportunity for participation in city affairs by interested citizens. The selection process shall follow these procedures: a. Periodic news releases and articles, generally at least two weeks in advance of appointments, requesting interested individuals to notify the City Clerk'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. 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. The City website, accessfayetteville.org, shall list vacancies in citizen committees. e. Any person who has served two consecutive full terms on any City commission or board shall not bc eligible for reappointment to thc 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 panicipates in regularly scheduled meetings of the commission or board for one-half or more of the term established by the City Council. Page 9 Rules of Order & Procedure Mayor/City Council Adopted March 4, 2(X)3 • Prior to any appointment, the City Clerk's office will circulate to the full City Council copies of applications of the individuals on file for the appointive body. Aldermen may recommend applicants or offer comments to the Nominating Committee prior to their scheduled meeting. Thc 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. Thc recommendations will be submitted to the full City Council for final decision. Thc 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 Alderman shall vote by naming his or her choice for that position. The City Council will act officially on all appointments in public session. 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 tier 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. NAME OF FILE: CROSS REFERENCE: Item # Date • Resolution No. 34-03 Document • 1 03/04/03 Res 34-03 w/Rules of Order and Procedures 2 02/19/03 Staff Review Form w/attachments: 2/19/03 memo to mayor/city council copy of proposed Rules of Order and Procedures NOTES: FAYETTA LLE TNI CITY OF FAYETTEV%LL[. ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Kit Williams City Attorney From Clarice BuHalohead-Pearman City Clerk's Division Date: 3/10/2003 Re: Resolution No. 34-03 A copy of the above resolution passed by the City Council March 4, 2003 is attached hereto. If anything else is needed please let the city clerk's office know. The original(s) of this information will be microfilmed and filed in the city clerk's office. /cbp cc Nancy Smith, Intemal Auditor CI/ATTORNEY AGENDA REQ!ST FORM et, S 3 4 �3 wits &Ft* Qra kt., FOR: COUNCIL MEETING OF March 4, 2003 FROM: City Attorney Kit Williams ORDINANCE OR RESOLUTION TITLE AND SUBJECT: Resolution to Adopt Mayor/City Council Rules of Order and Procedure APPROVED FOR AGENDA: FAYETTEfI LLE THE CITY OE FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE • LEGAL DEPARTMENT TO: Dan Coody, Mayor City Council (11 - FROM: Kit Williams, City Attorney DATE. February 19, 2003 RE: Agenda Request to Approve an updated version of the Mayor/City Council Rules of Order and Procedure The City Council Ordinance Review Committee met with me and went over my proposed changes along with some suggested by various aldermen. I now have what I believe is the final draft for what will become your new Mayor/City Council Rules of Order and Procedure if you vote to adopt these. Since I have heard no further proposed changes after providing you the proposed new rules on February 14, I now submit them for your final consideration and approval or modification at your March 4th City Council meeting. The changes I originally suggested, plus others also recommended by the Ordinances Review Committee are summarized below: (1) A.5. Rewritten to comply with state law that allows procedural motions to pass with majority in attendance, but requires five affirmative votes to pass ordinances and resolutions. • • (2) B.3. Changed "Personal Interest" to "Financial Interest." I cannot really inform aldermen or the public what "personal interest" means in this context. If an alderman is personally interested in requiring parking lots to be landscaped (as I was when on the City Council) does this mean I should not have voted for that ordinance? State ethical codes usually concentrate on potential financial interest when it comes to conflict of interest for abstention purposes. I believe that is how our rules should be structured. (3) C. Mayor and Vice Mayor The Ordinance Review Committee requested that the name be corrected to "Vice Mayor" and a section added concerning the Mayor's procedural rights (voting and presiding) as well as what happens if the Mayor vetoes a City Council Resolution or Ordinance. (4) D.1. Agenda. I removed the requirement for a city council vote to add items to the Agenda at the Agenda session. No votes should be held at Agenda sessions. I also added clarity by specifically requiring a suspension of the rules before adding an item for consideration to the agenda on the meeting night. We have been following this procedure. (5) D.5. Readings Pursuant to the request of the Ordinance Review Committee, I redrafted the "guidelines for reading ordinances." (6) E.1. Internal Committees. This needed substantial additional and clarifying language. We have had four standing aldermen committees for at least eight years. The committees rather than the Mayor should choose their own chairperson. (7) F.1. The City Council is a legislative body responsible for passing ordinances, determining the budget and setting broad policy goals. The previous Board of Directors had slightly broader authority • • as there was no elected Mayor, but only a hired manager. Therefore, this provision needed a significant change to meet state law dictates about a mayor's duties and powers relative to a city council. (8) G.1. and G.2. Since the Mayor is also a decision maker if his vote is needed (or if he uses a veto), I have added the Mayor to both sections in our Code of Ethics section. I also redrafted language to be more consistent as requested by the Ordinance Review Committee. (9) G.3. (second paragraph) In the 90's, the Planning Commission and Aldermen were required "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 .... " Since the Mayor can affect decisions of the City Council, it makes sense to include the Mayor also in this requirement. I also redrafted language to be more consistent as requested by the Ordinance Review Committee (10) H.2.a. I removed the requirement for newspaper advertising for vacancies on city committees. This is why I actually began studying the Rules of Procedure. The City Council and administration cut the City Clerk's adverhsing budget by $20,000.00. Some items must statutorily or legally be advertised (elections, ordinances, etc.). With our new website, extensive government channel coverage, public access channel announcements and news articles, I believe removing the requirement to advertise for committee vacancies is the best way to reduce newspaper advertising. Other options such as not printing City Council and Planning Commission agendas would more severely impact our citizens' knowledge of what the City is considering. (11) H.2. (a. and third paragraph) The City Clerk (not the Mayor's Office) has assisted applicants for committee vacancies and circulated their applications despite what our current rules state. `Irsonal' interest • Another part of the Fayetteville City Coun- cil's Rules of Procedure needs to be removed entirely. It states that aldermen must abstain in votes on matters before the City Council in which they have a "personal interest." No definition of 'personal interest" is given. The ambiguity of this rule alone should give rise to its removal from the rules But it also makes an assumption that seems to stand a fundamental principle of representative government on its head: Shouldn't any representative of the people have a personal interest in the matters on which they vote on behalf of their constituents? Isn't that sort of the whole point? We elect representatives from our wards who share our "personal" values and our priorities so they can take those "personal" values and interests to the City Council? We hope aldermen have a personal interest in seeing Fayet- teville prosper and get better We're not sure Fayetteville needs any aldermen who don't take a personal interest in their jobs. Clearly, conflict of interest laws in Arkansas are already specific enough and much more narrowly defined: A public official must personally experi- ence a direct financial benefit from an action he takes to be in violation of the law. A mere "person- al interest" certainly doesn't meet that aim. It would have aldermen abstaining at virtually every turn for fear that the park they just voted for might one day be used by their own children. Personal interests are part of representative gov- ernment Any rule that would have aldermen put such ambiguous interests aside is unrealistic and legally suspect. • �`� A` I^ -c, 2- let -a -• noposeo•- RULES OF ORDER AND PROCEDURE FAYETTEVILLE MAYOR/CITY COUNCIL Adopted March 4.2003 A. CITY COUNCIL MEETINGS I. Regular Meetings The City Council shall meet in regular session on the first and third Tuesday of each month at 6:00 P.M. When a holiday occurs on any such Tuesday, the regular meeting shall he 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 City Council Chambers 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 considcred, 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 he requested by any member of the City Council or the Mayor. A majority vote by the City Council is required to convene in executive session. 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 shall be sufficient to pass procedural motions except a Motion to Suspend the Rules which requires six affirmative votes. Ordinances and Resolutions require five affirmative votes to pass. 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 Page 2 Rules of Order & Procedure Mayor/City Council Adopted March 4, 2003 • • 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 Aldermen. 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 Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be asked an Alderman or city employee except through the Mayor. 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 City Council Chambers 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 City Council Chambers during City Council meetings. Pagers must be tumed off or put in silent mode within the City Council Chambers 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 City Council Chambers assigned by position number. The Mayor (or Assistant Mayor in the Mayor's absence) shall be seated near the center of the Aldermen's table. 2. Conduct During City Council meetings, City Aldermen 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 Mayor 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 Mayor, shall confine herself or himself to the question under debate and shall avoid all personalities and indecorous language. A City Council member once Page 3 Rules of Order & Procedure Mayor/City Council Adopted March 4, 2003 • • recognized shall not be interrupted while speaking unless called to order by the Mayor, 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 or she is speaking, the member shall cease speaking immediately until the question of order is determined. If ruled to be not in order, the member shall remain silent or shall alter his or her 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. Financial Interest No member of the City Council with a direct or indirect financial interest in any items before the City Council shall participate in the discussion of or voting on such matter. 4. Voting Every member prescnt when a question is put to a vote shall vote either "ycs" 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 if that member briefly states the. reason for the abstention. The Aldermen 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 CaII 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 he 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. MAYOR & VICE MAYOR 1. Mayor a. General Power to Preside and Vote The Mayor is the presiding officer and ex officio president of the City Council. The Mayor may vote to establish a quorum or to pass an ordinance, resolution or motion if the Mayor's vote is needed for passage. The Mayor does not have the right to vote for an Emergency Clause on an ordinance. An Emergency Clause requires six affirmative votes by aldermen to pass.