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HomeMy WebLinkAbout18-04 RESOLUTIONRESOLUTION NO. 18-04 A RESOLUTION TO CLARIFY THAT THE RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE MAYOR/CITY COUNCIL SHOULD FOLLOW THE "PROCEDURAL RULES FOR MUNICIPAL OFFICIALS" BY THE ARKANSAS MUNICIPAL LEAGUE WHEREAS, Rule D.2. Of Rules of Order and Procedure of the Fayetteville Mayor/City Council incorrectly refer to the "Handbook for Arkansas Municipal Officials" instead of the "Procedural Rules For Municipal Officials" by the Arkansas Municipal League. NOW, THEREFORE, 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 replaces the current D.2. of the Rules of Order and Procedure with the new D.2. as stated below: "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 `Procedural Rules for Arkansas Municipal Officials.' In the event a matter is not covered by the `Procedural Rules for Arkansas Municipal Officials,' 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 by the chair." PASSED and APPROVED this the 3rd day of February, 2004. By: ersmaidk SONDRA SMITH, City Clerk By: APPROVED: DAN COODY, Mayor • • RULES OF ORDER AND PROCEDURE FAYETTEVILLE MAYOR/CITY COUNCIL Adopted March 4, 2003 Revised February 3, 2004 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 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 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 & Procedure Mayor/City Council Revised February 3, 2004 • • 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 turned 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. Page 3 Rules of Order & Procedure Mayor/City Council Revised February 3, 2004 • • 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 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 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 has previously stated the reason for the abstention. Except for a question necessary to clarify the meaning of the motion, resolution or ordinance being voted upon, no questions or comments by the members of the City Council, including the Mayor shall be made during the voting on the pending motion. 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 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.." C. MAYOR & VICE MAYOR 1. Mayor a. General Power to Preside and Vote Page 4 Rules of Order & Procedure Mayor/City Council Revised February 3, 2004 • • 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. b. Manor'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 Manor 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 be required for election. In the absence of the Mayor, the Vice Mayor shall preside at the City Council meeting. 3. Privileges of the Vice Manor 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. • Page 5 Rules of Order & Procedure Mayor/City Council Revised February 3, 2004 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 "Procedural Rules for Arkansas Municipal Officials." In the event a matter is not covered by the "Procedural Rules for Arkansas Municipal Officials," 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 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. Readings 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. INTERNAL 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 Page 6 Rules of Order & Procedure Mayor/City Council Revised February 3, 2004 • • 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 H. 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. 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 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 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 an 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 Council), 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 Page 7 Rules of Order k Procedure Mayor/City Council Revised February 3, 2009 • 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 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 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 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 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. Page 8 Rules of Order & Procedure Mayor/City Council Revised February 3, 2004 • • 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. In an effort to allow the public full knowledge of financial and personal interests, the Members of the City Council and the Mayor 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. 2. Selecting 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. 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. The City website, accessfayetteville.org, shall list vacancies in citizen committees. Page 9 Rules of Order & Procedure Mayor/City Council Revised February 3, 2004 • • e. 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 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. 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 Alderman shall vote by naming his or her choice for that position. The City Council will act officially on all appointments in public session. I. 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. NAME OF FILE: CROSS REFERENCE: Item # Date • Resolution No. 18-04 w/revised Rules of Order & Procedure Document 1 1.16.04 City Attorney Agenda Request form draft resolution memo mayor & city council 2 2.9.04 memo to Kit Williams NOTES: CITY *TORNEY AGENDA REQUEST FORM FOR: COUNCIL MEETING OF FEBRUARY 3, 2004 FROM: City Attorney Kit Williams ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution To Clarify That The Rules Of Order And Procedure Of The Fayetteville Mayor/City Council Should Follow The "Procedural Rules For Municipal Officials" By The Arkansas Municipal League APPROVED FO AGENDA: It City Attorney I- ZO - o? Date • • RESOLUTION NO. A RESOLUTION TO CLARIFY THAT THE RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE MAYOR/CITY COUNCIL SHOULD FOLLOW THE "PROCEDURAL RULES FOR MUNICIPAL OFFICIALS" BY THE ARKANSAS MUNICIPAL LEAGUE WHEREAS, Rule D.2. Of Rules of Order and Procedure of the Fayetteville Mayor/City Council incorrectly refer to the "Handbook for Arkansas Municipal Officials" instead of the "Procedural Rules For Municipal Officials" by the Arkansas Municipal League. NOW, THEREFORE, 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 replaces the current D.2. of the Rules of Order and Procedure with the new D.2. as stated below: "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 `Procedural Rules for Arkansas Municipal Officials.' In the event a matter is not covered by the `Procedural Rules for Arkansas Municipal Officials,' 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 by the chair." PASSED and APPROVED this the 3rd day of February, 2004. ATTEST: By: SONDRA SMITH, City Clerk APPROVED: DR An By: DAN COODY, Mayor FAYETTEVPLLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Dan Coody, Mayor ' City Council FROM: Kit Williams, City Attorney DATE: January 20, 2004 RR "Procedural Rules for Arkansas Municipal Officials" The Arkansas Municipal League has published a short informative pamphlet for use by city councils entitled "Procedural Rules for Arkansas Municipal Officials." I believe everyone was provided this pamphlet during orientation, but the City Clerk has copies if anyone needs one. This sixteen page booklet provides an excellent summary of almost all the procedural rules necessary for the City Council to conduct its business. It has clear definitions of most parliamentary terms and a helpful table at the end covering most types of motions, whether they require a second, can interrupt a speaker, are debatable or amendable, and how many votes are required to pass them. This pamphlet on procedural rules should have been referred to as our guide to parliamentary procedure in Rule D.2. rather than the "Handbook for Arkansas Municipal Officials" which is a mere compilation of state statutes on every topic that might relate to municipal affairs. Apart from a few state statutes regarding reading ordinances, number of required votes to pass an ordinance, motion to suspend the rules, etc. (which we must follow regardless of what our Rules of Orders and Procedures might say), the Handbook addresses no parliamentary rules. Instead of 16 pages, it is over 16 hundred pages. I think the reference to the Handbook rather than the Procedural Rules pamphlet was a simple mistake which should be corrected by adoption of an amendment to our rules substituting "Procedural Rules For Municipal Officials" for "Handbook For Municipal Officials." Please review my attached Resolution to accomplish this. I will propose this for the February 3Ed agenda. • FAYET T`EVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Kit Williams City Attorney Division From: Clarice Buffalohead-Pearman City Clerk Division Date: February 9, 2004 Re: Resolution No. 18-04 Attached is a copy of the above resolution passed by the City Council February .3, 2004, approving clarification of the Rules of Order & Procedure as submitted by you. The Rules of Order & Procedure will be updated and attached to the resolution as recorded in the city clerk's office. If anything else is needed please let the clerk's office know. /cbp attachment(s) cc: Nancy Smith, Internal Auditor