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HomeMy WebLinkAbout01-19 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 01-19 File Number: 2018-0731 ADOPT THE RULES OF ORDER AND PROCEDURE: A RESOLUTION TO ADOPT THE RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL FOR 2019 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 adopts the Rules of Order and Procedure of the Fayetteville City Council for 2019 as attached to this Resolution. PASSED and APPROVED on 1/3/2019 Attest: Sondra E. Smith, City Clerk Treasurer *�'01;111111aq'fi FAYETTEVILd_L Page 1 Printed on 114119 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File —i' File Number: 2018-0731 Agenda Date: 1/3/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 1 ADOPT THE RULES OF ORDER AND PROCEDURE: A RESOLUTION TO ADOPT THE RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL FOR 2019 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 adopts the Rules of Order and Procedure of the Fayetteville City Council for 2019 as attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 11412019 City of Fayetteville Staff Review Form 2018-0731 Legistar File ID 1/3/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Assistant City Attorney Blake Pennington 12/6/2018 CITY ATTORNEY (021) Submitted By Submitted Date Division / Department Action Recommendation: A resolution to adopt the Rules of Order and Procedure of the Fayetteville City Council for 2019 Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ - Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CAt OFFICE OF THE Crry ATTOR1\VY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council CC: Sondra Smith, City Clerk FROM: Blake Pennington, Assistant City DATE: December 6, 2018 RE: ,Rules of Order and Procedure Attorn Kit Williams City Attorney Blake Pennington l_;.,srrrnr (:JtY Arrorrrev Rhonda Ixtich Iiaralegal The City Council has begun readopting the Rules of Order and Procedure of the Fayetteville City Council at the beginning of every year as recommended by the Arkansas Municipal League. Our office has drafted the appropriate Resolution to do so again on January 3, 2019. TI -ie Rules of Carder and Procedure of the Fayetteville City Council were last revised on January 2, 2018. Rules of Order and Procedure of the Fayetteville City Council Last Revised 01/02/2018 by Resolution # 29-18 Adopted 01/03/2019 by Resolution # 0 1 -19 Page - 1 - of 12 RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL A. CITY COUNCIL MEETINGS 1. Regular Meetinus The City Council shall meet in regular session on the first and third Tuesday of each month at 5:30 P.M. When a holiday or general election occurs on any such Tuesday, the regular meeting shall be held on the following Thursday 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 Hall unless another place has been previously set by the City Council. 3. Special Meetings Special meetings may be called by three or more members of the City Council 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. Ouorum A majority of the City Council shall be necessary to constitute a quorum to do business at a City Council meeting. 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 The City will go further than legally required in order to inform citizens of the items to be considered by the City Council. The means used may include press releases or advertisements in a local newspaper, special notice to citizens who have shown a direct interest in matters to be Rules of Order and Procedure of the Fayetteville City Council Last Revised 01/02/2018 by Resolution # 29-18 Adopted 01/03/2019 by Resolution # 01-19 Page -2 -of 12 considered, Government Channel announcements and presentation, and agenda copies available at City Council meetings. 7. Presentation of Agenda -Items at City Council Meetings a. Agenda Items not Included Within the Tentative Agenda Packet. (1) Staff Agenda Items. If the City staff requests to "walk-on" an agenda item for the City Council Agenda during the City Council Agenda Session, the memo from the City staff shall begin with a clear and compelling reason why this proposed agenda item could not have been included within the Tentative Agenda and cannot wait for City Council consideration at a later City Council meeting. Any member of the City Council including the Mayor can then place this item on the Final Agenda. (2) Council Member Agenda litems. Council Members should also strive to include any agenda item a Council Member wishes the City Council to consider within the Tentative Agenda. If that is not possible, the Council Member should explain during the Agenda Session why the proposed agenda item should be included in the Final Agenda rather than postponed to the next meeting. Any member of the City Council including the Mayor can then place this item on the Final Agenda." b. Agenda Additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. c. Consent Agenda, Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If a Council Member wishes to comment upon or discuss a Consent Agenda item that item shall be removed and considered immediately after the Consent Agenda has been voted upon. d. Unfinished Business and New Business. (1) Presentations by Staff and Applicants. Agenda items at a City Council meeting shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by a Council Member later to answer questions. City staff, Council Members and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. (2) Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience on all items of unfinished and new business and subjects of Rules of Order and Procedure of the Fayetteville City Council Last Revised 01/02/2018 by Resolution # 29-18 Adopted 01/03/2019 by Resolution # 01-19 Page - 3 - of 12 public hearings. Speakers shall be limited to a maximum of (5) five minutes so that all other citizens desiring to speak on that agenda item or a later item will not be unnecessarily inconvenienced. By a majority vote of the Council Members present and voting, this time limitation may be altered for a specific agenda item. A simple majority of the Council Members, present and voting, may authorize a representative of a Fayetteville citizens' group opposing the ordinance or resolution to present an electronic visual aid not to exceed five minutes, but no other electronic visual aid presentations will be allowed; however, the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk's office no later than 9:00 A.M. on the day of the City Council meeting. Any member of the public 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 City Council. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Council Member and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to a Council Member or city staff member except through the Mayor. e. Courtesv and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. 8. Smoking Prohibited. There will be no smoking allowed in the City Council Chambers during City Council meetings. 9. 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. Rules of Order and Procedure of the Fayetteville City Council Last Revised 01/02/2018 by Resolution # 29-18 Adopted 01/03/2019 by Resolution # 01-19 Page - 4 - of 12 B. DUTIES AND PRIVILEGES OF COUNCIL MEMBERS 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 City Council table. 2. Conduct During City Council meetings, Council Members shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings. Neither shall they refuse to obey the orders of the 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 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. 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 members of the City Council including the Mayor shall be made during the voting on the pending motion, resolution or ordinance. The Council Members will vote Rules of Order and Procedure of the Fayetteville City Council Last Revised 01/02/2018 by Resolution # 29-18 Adopted 01/03/2019 by Resolution # 0 1 -19 Page -5 -of 12 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 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 the City Council to pass. b. Mavor'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 Mayo The City Council shall at the time of organizing, in public session, elect one of its members as Vice Mayor. Any Council Member 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 Council Member 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 Mayo 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. Rules of Order and Procedure of the Fayetteville City Council Last Revised 01/02/2018 by Resolution # 29-I8 Adopted 01/03/2019 by Resolution # 01-19 Page -6 -of 12 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 City Council prior to an Agenda Session where the City Council shall determine the final arrangement of the Agenda. Any item the Mayor or a Council Member 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. PF-ccedence o1' 119otions 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 Robes? s Rules v 'Order- shall apply. On questions of appeal, a majority of those present is required to overturn a ruling by 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 prevailing side 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: Rules of Order and Procedure ofthe Fayetteville City Council Last Revised 01/02/2018 by Resolution # 29-18 Adopted 01/03/2019 by Resolution # 0 1- 19 Page -7 -of 12 ♦ After the ordinance's first reading, a Council Member 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. 6. Items Tabled Indefinitely Any item tabled indefinitely may be taken from the table by majority vote of the City Council during the calendar year in which it was tabled indefinitely. All items tabled indefinitely and remaining on the table at the end of the calendar year shall be deemed denied and rejected for appellate and all other purposes on December 3151 and shall not be considered by the City Council in the future unless brought forward as a new item. E. INTERNAL BOARDS, COMMITTEES COMMISSIONS AND APPOINTMENTS 1. Membership of Internal Boards, Committees, Commissions and Appointments a. Standing City Council Committees. The five standing committees of the City Council are: Equipment, Nominating, Ordinance Review, Streets, and Water and Sewer. Each committee shall have four Council Members appointed by the Mayor in January after every regular election. All Council Members shall serve on at least two of these five committees. Each committee shall elect a chair and vice chair during the first committee meeting after the Council Members are appointed. b. Other Committees (See also Section H. Citizens Committees) Council Members may volunteer or request to serve on any of the various other committees which have City Council slots. The Mayor may appoint a Council Member to the other committees pursuant to their request. c. Appeal Right to City Council Any Council Member who is dissatisfied with his or her committee assignments can appeal to the whole City Council who can determine by majority vote which Council Member will be appointed to a specific committee. Rules of Order and Procedure of the Fayetteville City Council Last Revised 01/02/2018 by Resolution # 29-18 Adopted 01/03/2019 by Resolution # 01-19 Page -8 -of 12 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 Council Members, 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. Council Members 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 Grou s When it is necessary to appoint a Council Member to an external board, commission or committee, selection of that Council Member 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 Council Member may nominate himself or herself or (any other member of the City Council), and no second is required. Each Council Member 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 R.E,LATIONSI-IIP 1. Definition of Authoritv 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. Deflnition 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 Rules of Order and Procedure of the Fayetteville City Council Last Revised 01/02/2018 by Resolution # 29-18 Adopted 01/03/2019 by Resolution # 01-19 Page -9 -of 12 informed manner. The City Council also expects the Mayor to abide by the City of Fayetteville Code of Ethics. 3. CitV Council/Muvor 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 As the governing authority of the City of Fayetteville, Arkansas we, the Mayor and Council Members, adhere to the following ethics principles and pledge to conduct our affairs accordingly: • Serve others, not ourselves. • Use resources with efficiency and economy. • Treat all people fairly. • Use the power of our position for the well-being of our constituents. • Create an environment of honesty, openness and integrity. 2. Business Transactions 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. 3. 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 Rules of Order and Procedure of the Fayetteville City Council Last Revised 01/02/2018 by Resolution # 29-18 Adopted 01/03/2019 by Resolution # 01-19 Page- 10 -of 12 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. 4. Responsibility to 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 Cita 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. Rules of Order and Procedure of the Fayetteville City Council Last Revised 01/02/2018 by Resolution # 29-18 Adopted 01/03/2019 by Resolution # 01-19 Page- 11 - of 12 b. 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, should list vacancies in citizen committees. 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 term of office has expired, unless there is an insufficient number of qualified applicants to fill all vacancies. Service of a partial term shall not count against the two terms that are allowed. 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. Council Members 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 Council Member shall vote by naming his or her choice for that position. The City Council will act officially on all appointments in public session. I. Vacancy in the Office of a Council Member A vacancy in the office of a Council Member shall be filled pursuant to the requirements of Ark. Code Ann. § 14-43-411. J. Orientation of New Council Members 1. Orientation Meeting Scheduled. The City Council, Mayor, City Attorney, City Clerk/Treasurer and appropriate City Staff shall meet with and conduct one or more orientation sessions with newly elected Council Member's in December after each General Election or within one month after a Special Election in which a new Council Member is elected. Each newly elected Council Member shall attend the orientation session(s). 2. Content of Orientation. The City Council, Mayor and other members of the orientation group shall explain: a. Rights and duties of Council Member's; b. Organizational structure of city government; Rules of Order and Procedure of the Fayetteville City Council Last Revised 01/02/2018 by Resolution # 29-18 Adopted 01/03/2019 by Resolution # 0 1 -19 Page - 12 - of 12 c. Role of the City Council Committees; d. How to initiate Resolutions and Ordinances; e. The purpose and procedure for the City Council Agenda session; f. Reasons to approve or disapprove land use and development issues; g. Council tours to view and discuss land proposed for rezoning or development; h. City Council Rules of Order and Procedure; i. Freedom of Information Act requirements. 3. Ongoing Orientation. a. Within the first week of a Council Member's term, the administration should provide an administrative and human resources orientation to include issuing parking permits, fobs, and other necessary equipment for the Council Member, as well as assistance for the completion of all necessary state and federal documents. b. Within the first quarter of a Council Member's term, the administration should arrange for a budget overview and tours of all major city facilities and functional areas. Whitney, Jenny From: Smith, Sondra Sent: Wednesday, January 09, 2019 4:09 PM To: Whitney, Jenny Subject: FW: Rules of Order and Procedure Sondra E. Smith CAMC, CMC City Clerk Treasurer 113 W. Mountain Street, Suite 308 Fayetteville, AR 72701 (479) 575-8323 ssrt�itlrult+a�erterillc:-<rr. �n�• From: Pennington, Blake Sent: Wednesday, January 09, 2019 3:57 PM To: Smith, Sondra <ssmith@fayetteville-ar.gov> Subject: RE: Rules of Order and Procedure Let's do it this way. I think it's likely more helpful to our,office than anyone else. This is why'we like the legislative history included with the Code so we can track back and see what was changed. Blake E. Pennington Assistant City Attorney Tele: (479) 575-8313 b eitnin onCaifa etteville-ar. ov From: Smith, Sondra Sent: Wednesday, January 09, 2019 3:55 PM To: Pennington, Blake <bpenii rilton@fayetteviIle-ar.&ov> Subject: RE: Rules of Order and Procedure Hi Blake, That is up to you. It may be helpful for staff but not necessary for us because we would search Laserfiche for the latest version. So, I am good however you want to do it. Thanks for correcting that. Let me know when it is ready to go. Sondra E. Smith CAMC, CMC City Clerk Treasurer 113 W. Mountain Street, Suite 308 Fayetteville, AR 72701 (479) 575-8323 ssarrith� �firi•citetiille-ar.gn� From: Pennington, Blake Sent: Wednesday, January 09, 2019 2:29 PM To: Smith, Sondra <ssmith favetteville-ar.gov> Subject: RE: Rules of Order and Procedure I've attached the rules with a revised header. I changed it so it reflects both the last revision date and the adoption date. Do you think both are necessary? If not, we can change that. Blake E. Pennington Assistant City Attorney Tele: (479) 575-8313 hnennint,,tong-fayetteville-ar.g_ov. From: Smith, Sondra Sent: Wednesday, January 09, 2019 12:41 PM To: Pennington, Blake <bpennington favetteville-ar.go_v_> Subject: Rules of Order and Procedure Hi Blake, The newly adopted Rules of Order and Procedure have the incorrect page header dates. Will you please correct this and forward the revision to us. Thank you! Sondra Sondra E. Smith CAMC, CMC City Clerk Treasurer 113 W. Mountain Street, Suite 308 Fayetteville, AR 72701 (479) 575-8323 ssmithn av, fret ille-ar.Qav A. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL 1. Regular Rules of Order and Procedure of the Fayetteville City Council Revised 01/02/2018 Resolution # 29-18 Page- 1 - of 12 The City Cottjtclshall meet in regular session on the first and third Tuesday of each month at 5:30 P.M. When a hol ay or general election occurs on any such Tuesday, the regular meeting shall be held on the followi a Thursday at the same hour unless otherwise provided for by motion. The regular meeting timeay be rescheduled by the City Council in special circumstances, but when so done the change 117u be made far enough in advance to allow normal public notification. 2. Location The place of City Council in another place has been previ 3. Special 1%,lectings ;s shall be in the City Council 'ambers in the City Hall unless set by the City Council. Special meetings may be called by the 3e or re members of the City Council or by the Mayor. Notification of a special meeting, inclui specific items to be considered, shall be at least two hours prior to the meeting. Such noti , ion shall be by personal service to each member or by telephone, specifying time and pla of Ine ting. 4. Executive Session 5. An executive sessi may be requested by an member of the City Council or the Mayor. A majority vote b ie City Council is required to c tivene in executive session. Executive sessions will be pert ' ted only for the purpose of conside 'ng the employment, appointment, promotion, demotio disciplining, or resignation of any public ffscer or employee. A majority of the City Council shall be necessary to consute a quorum to do business at a City Council meeting. 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 The City will go further than legally required in order to inform citizens of the items to be considered by the City Council. The means used may include press releases or advertisements in a local newspaper, special notice to citizens who have shown a direct interest in matters to be Rules of Order and Procedure of the Fayetteville City Council Revised 01/02/2018 Resolution N 29-18 Page - 2 - of 12 considered, Government Channel announcements and presentation, and agenda copies available at City Council meetings. 7. Presentation of Agenda items at City Council Meetings a. Agenda Items not (1) S1W Agenda items. If the City staff requests to "e k -on" an agenda item for the City Co ncil Agenda during the City Council Agenda ession, the memo from the City staff shall egin with a clear and compelling reason by this proposed agenda item could not have b en included within the Tentative genda and cannot wait for City Council considers 'on at a later City Council rnee g. Any member of the City Council including the Mayor c i then place this item on a Final Agenda. (2) Council Memb& Agenda Items'. Council Members should also strive to include any agenda item a Cou it Memb - wishes the City Council to consider within the Tentative Agenda. If that is no pos le, the Council Member should explain during the Agenda Session why the propos agenda item should be included in the Final Agenda rather than postponed to the next icer g. Any member of the City Council including the Mayor can then place this iters on the Fi i Agenda." b.:+a:cnda Addition Anew item which ' requested to be added to the agenda at a City Council meeting should my be considered if it it quires immediate City Council consideration and if the normal to nda setting process is not pra tical. The City Council may only place such new item on t City Council meeting's agenda b suspending the rules by two-thirds vote. Such agenda ddition shall be heard prior to the Cons t Agenda. c. C sent Agenda. Consent Agenda items shall be re, by the Mayor and voted upon as a group ithout discussion by the City Council. If a Counci Member wishes to comment upon or discuss a Consent Agenda item that item shall be romove and considered immediately after the Consent Agenda has been voted upon. d. Unfinished Business and New Business. (1) Presentations_ by Staff and Applicants. Agenda items at a City Council meeting shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by a Council Member later to answer questions. City staff, Council Members and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. (2) Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience on all items of unfinished and new business and subjects of Rules of Order and Procedure ofthe Fayetteville City Council Revised 01/02/2018 Resolution 1129-18 Page - 3 - of 12 public hearings. Speakers shall be limited to a maximum of (5) five minutes so that all other citizens desiring to speak on that agenda item or a later item will not be unnecessarily inconvenienced. By a majority vote of the Council Members present and voting, this time limitation may be altered for a specific agenda item. A simple majority of the Council Members, present and voting, Ina authorize a representative f a Fayetteville citizens' group opposing the ordinanc r resolution to present an elect nic visual aid not to exceed five minutes, but no o er electronic visual aid presentations '1l be allowed; however, the public may subr photos, petitions, etc. to be distributed to t City Council. If a member of the pub wishes for the City Clerk to distribute materials t the City Council before its tree Ing, such materials should be supplied to the City Clerk _� office no later than 9:00 . on the day of the City Council meeting. Any member of the public shallst state 1s or her name and address, followed by a concise statement of the person's pa 'ti on the question under discussion. Repetitive comments should be avoided; this app to comments made previously either to the City Council or to the Planning Commi ion w \hoenning Commission minutes have been provided to the City Cot L All rebe addressed to the Mayor or the City Council as a whole and t to any partier of the City Council. No person other than the Council Me er and the perse floor shall be permitted to enter into any discussions wi out permission of No questions shall be directed to a Council Member o - city staff member excthe Mayor. e. Courtesy and Res ct. All members of the public, all city aff and elected officials shall accord the /-sAny o�ir esy and respect to each other at all times. I1 shall refrain from rude or derogatory, reflections as to integrity, abusive comments an statements about motives or persona member of the public who violates these stand ds shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. 8. Smoking Pruhibiled. There will be no smoking allowed in the City Council Chambers during City Council meetings. 9. Cell Phoncs 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. Rules of Order and Procedure of the Fayetteville City Council Revised 01/02/2018 Resolution 4 29-18 Page -4 -of 12 B. DUTIES AND PRIVILEGES OF COUNCIL MEMBERS AT CITY COUNCIL MEETINGS 1. 4eatirtt-1 Members shall o upy the respective seats in the City Council Chambers assigned by position number. The Mayo or Assistant Mayor in the Mayor's absence) shall be seated near the center of the City Council tab 2. Conduct During City Council lneetings, Council Members shall serve order and decorum and shall neither by conversation or other' e delay or interni 7e proceedings. Neither shall they refuse to obey the orders of the Mayor or t e rules of th tty Council. Every member of the City Council des to speak shall address the chair and, upon recognition by the Mayor, shall confine 93erself mself to the question under debate and shall avoid all personalities and indecorous Ia�oorder age. A unciI Member once recognized shall not be interrupted while speaking unless calla by th Mayor, unless a point of order is raised by another member or unless the tr1q zer chooses to yie to questions from another member. If a member is c ed to order while he or sh is speaking, the member shall cease speaking immediately u I I the question of order is determh d. If ruled to be not in order, the member shall remain sile or shall alter his or her remark so as t comply with the rules of the City Council_ All I6rnbers of the City Council shall accord the utin st courtesy to each other, to city employees, and to members of the public appearing before the CiCouncil, and shall refrain at all times from rude or derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. Council Members shall con4e 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. Votine Every rnember present when a question is put to a vote shall vote either "yes" or "no", except that a member may abstain from voting if lie 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 members of the City Council including the Mayor shall be made during the voting on the pending motion, resolution or ordinance. The Council Members will vote Rules of Order and Procedure of the Fayetteville City Council Revised 01/02/2018 Resolution # 29-18 Page -5 -of 12 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 t affirmative and negative votes shall be called and shall be recorded on every motion, resolution an ordinance; however, items which may be approved b €notion, or contracts and leases which can �, approved by resolution, may be groupe together and approved simultaneously with one r call, under a "Consent Agenda. C. MAYOR & VICE MAYOR 1. Mayor a. General Power to b. The Mayor is the presiding offs - an\officio resident of the City Council. The Mayor may vote to establish a quor or toance, resolution or motion if the Mayor's vote is needed for passage. he Mayothe right to vote for an Emergency Clause on an ordinance. An ergency Claux affirmative votes by the City Council to pass. The M or has the power to veto any ordinance, resoluti or order, or part thereof, adopted by tl City Council within five (5) days (Sundays excluded of the City Council vote. Before 9>1, next City Council meeting, the Mayor shall file in the City Jerk's office a written statement of reasons for the veto. At the first City Council meeting folio `ng the veto, the City Council can override the veto by two-thirds majority (6 affirmative votes). 2. Vire Mayor The City Council shall at the time of organizing, in public session, elect one of its members as Vice Mayor. Any Council Member 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 Council Member 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 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. Rules of Order and Procedure of the Fayetteville City Council Revised 01/02/2018 Resolution 4 29-18 Page - 6 - of 12 D. PROCEDURES AND PARLIAMENTARY RULES L AF ,,cncia The City Council's agenda order shall be coordinated by the Mayor. All items for discussion or action at the r ==ular council meeting shall be included in a Tentative Age1 provided to City Council prior to Agenda Session where the City Council shall deterrn the final arrangement of the Agenda. An 'tem the Mayor or a Council Member wishes to ' elude on the Final Agenda that was not included t the Tentative Agenda may only be add to the Final Agenda during the Agenda Session. At the r =ular IT of the City COUnC1 ie Council, by majority vote, may rearrange the order of the enda. An item may be a ed to the Agenda at the City Council meeting only by a Motion to St . pend the Rules. 2. Precedence of Motions The City Council shall follow the prec nce and classification of motions as given in the most recent edition of the Arkansas Mu ipal\Rs 's `Procedural Rules for Arkansas Municipal Officials.' In the event a matter i not cavthe `Procedural Rules for Arkansas Municipal Officials,' the most recent editi of Rohertof Orden shall apply. On questions of appeal, a majority of those present i equired to overturn a uling by the chair." 3. Motions to he wai When a motion i ade and seconded, it shall be stated by lie Mayor before debate. After being stated by the Wayor. a motion may not be withdrawn by tl mover without the consent of the member se nding it and approval of the City Council. 4. Reconsideration After the decision of any question, any member of the prevailing side 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: E. Rules of Order and Procedure of the Fayetteville City Council Revised 01/02/2018 Resolution # 29-18 Page -7 -of 12 ♦ After the ordinance's first reading, a Council Member 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 eoncern about the ordinance, it should be read and open for public discussion during at least two City Council meetings. ♦ Complex Ndinances that need further clarification or drafting work slx�til �#-be referred to the Ordinance I\ view Committee. f 6. Items Tabled 1. Any item tabled indefinitky may be taken from the t e by majority vote of the City Council during the calendar year in hich it was tabled i e finitely. All items tabled indefinitely and remaining on the table at the d of t/calenr year shall be deemed denied and rejected for appellate and all other purposes Dec" and shall not be considered by the City Council in the future unless brought forwar asm. a. Stan The five anding committees of the City o1 Revie , Streets, and Water and Sewer. E cl- a ointed by the Mayor in January after eve serve on at least two of these five committees chair during the first committee meeting after t and Annointments icil are: Equipment, Nominating, Ordinance committee shall have four Council Members regular election. All Council Members shall Each committee shall elect a chair and vice e COLn1Cil Members are appointed. b. Other Committees (See also Section H. Citizens Committees) Council Members may volunteer or request to serve on any of the various other committees which have City Council slots. The Mayor may appoint a Council Member to the other committees pursuant to their request. c. Appeal Right to City Council Any Council Member who is dissatisfied with his or her committee assignments can appeal to the whole City Council who can determine by majority vote which Council Member will be appointed to a specific committee. Rules of Order and Procedure of the Fayetteville City Council Revised 01/02/2018 Resolution # 29-18 Page -8 -of 12 d. Ad Hoe 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. N titication and Attendance 3. All tncil Members, representatives of the news media who have requested notification, and other persons 110 have shown a direct interest in matters to be considered at a committee meeting shall be notified\rne uncil committee meetings. Committshall be held when possible at times that allow all members of the committee to attend.or a committee to make an -official recommendation to the City Council, a majority ' tee members must agree on that recommendation. Council Members who are not mp. icular City Council committee may generally participate in the meeting of that coept t - votingon committee recommendations, but the chairperson may rule otherwise When it is necesp&y to appoint a Cbr cil Member to an external board, commission or committee, s electionof aCouncil Member shy 1be made by a majority vote of the City Council. That election all be made by nomination kd vote in a public session. Any Council Member may /nomiehimself or herself or (any other Member of the City Council), and no second is required. ncil Member shall vote by namin his or her choice by voice vote if there is more than nee for a position. A majority vote fthe City Council shall be required for election. F. MAYOR RELATIONSHIP 1. Definition of Autltoriti, 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 need to properly carry out its functions in an Rules of Order and Procedure of the Fayetteville City Council Revised 01/02/2018 Resolution # 29-18 Page -9 -of 12 informed manner. The City Council also expects the Mayor to abide by the City of Fayetteville Code of Ethics. 3. Citv Co1InclifMavor Cooneration Efficient manag pent of the city can exist only through mutual understanding and complete cooperation bet Nr the City Council and the Mayor. The Mayor's performance cannot be of the best unless the Mayo 's given the latitude to exercise independent judgment in executing policies of the City Council. 1 e City Council acknowledges that obligation and gives the.:Mzyor the latitude of judgment and i cretion, and expects faithful performance in carry` out the policies of the City Council. While open communication bet en the City Council and C' personnel is encouraged, it shall be understood that administrative a i ority for the that ment of the City rests with the Mayor. Members of the City Council sho d refrain individuals, from giving specific direction or instruction to City personnel pert it ' g to the discharge of assigned duties. G. CODE OF ETHICS 1. General As thers. ning authority of the City of Faye vllle, Arkansas we, the Mayor and Council Memdhere tothe following ethics grin ,iples and pledge to conduct our affairs accordingly: • Serve others, not ourselves. • Use resources with efficiency and economy. • Treat all people fairly. • Use the power of our position for the well-bein of our constituents. • Create an environment of honesty, openness an integrity. 2. Business Transactions 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. 3. 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 H Rules of Order and Procedure of the Fayetteville City Council Revised 01/02/2018 Resolution # 29-18 Page- 10 -of 12 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 a such may be issued in the normal and lawful discharge of the duties of these municipal officers. thing herein, however, shall serve to deny the members of the City Council and the Mayor of thele I rights and privileges available to all Fayetteville citizens. Members of the City Council an the Mayor shall conduct themselves so as to bring credit upon the city as a whole and so as to t an example of good ethical conduct for all cit' of the community. The members of the Cit Council and the Mayor shall bear in at all times their responsibility to the entire electorate,\theci rain from actions ben ng special interest groups at the expense of the city as a whole,ll do everythi 11 their power to ensure equal and impartial law enforcement throughout withou pest to race, creed, color, or the economic or social position of individual citizen In an effort to allow the public fugkKoEwledge o financial and personal interests, the Members of the City Council and the II'v or are expected t disclose annually all real estate holdings in Fayetteville and the Fa eville planning area, and y business or financial interest which could affect or be affect y decisions of the City Council. Stich disclosure should be made in writing to the City C in January of each year. H. CITIZEN COMMITT 1. Authorization by the City Council The City Council may authorize citizen advisory boards, commit6ps 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. Rules of Order and Procedure of the Fayetteville City Council Revised 01/02/2018 Resolution # 29-18 Page- 11 - of 12 b. 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 ;:site, accessfayetteville.org, should list vacancies in citizen committees. e. Any person who as served two consecutive full terms on any City commission or board shall not be eligible for 1 appointment to the same commission or boar one full term of office has expired, unless d re is an insufficient number of quaii applicants to fill all vacancies. Service of a partial terl hall not count against the Iw erms that are allowed. Prior to any appointment, the CXy Clerk's office ill circulate to the full City Council copies of applications of the individuals one for the pointive body. Council Members may recommend applicants or offer comments I the ming Committee prior to their scheduled meeting. The Nominating Committee will arra the list of prospective appointees to no more than two individuals for each posit. . This d inion will be made in an open .meeting. The recommendations will be bmitted to the ft�] City Council for final decision. The committee's first choice may be in 'sated. All positions sh 1 be decided by majority vote of the City Council. In instances where ere is more than one nomin for a position, either by Nominating Committee recommendati or by other nominations, each Auncil Member shall vote by naming his or her choice fort t position. The City Council will act 4ficially on all appointments in public session. I. 4'acaneyA the Office A vacancy in the office of a Council Member shall be filled pu LI to the requirements of Ark. Code Ann. § 14-43-411. J. Orientation of New Council Members 1. Orientation Meeting Scheduled. The City Council, Mayor, City Attorney, City Clerk/Treasurer and appropriate City Staff shall meet with and conduct one or more orientation sessions with newly elected Council Member's in December after each General Election or within one month after a Special Election in which a new Council Member is elected. Each newly elected Council Member shall attend the orientation session(s). 2. Content of Orientation. The City Council, Mayor and other members of the orientation group shall explain: a. Rights and duties of Council Member's; b. Organizational structure of city government; Rules of Order and Procedure of the Fayetteville City Council Revised 01/022018 Resolution # 29-18 Page - 12 - of 12 c. Role of tl1e City Council Committees; d. How to initiXe Resolutions and Ordinances; e. The purpose and -ocedure for the City Council Agenda session; L Reasons to approve or 'sapprove land use and development'issues- g. Council tours to view and dl. cuss land proposed for rez ng or development; h. City Council Rules of Order L Freedom of Information Act requi 3. Oneoing Orientation. a. Within the first eel: of a Council Mer administrati and human resources oriel other ne ssary equipment for the Council all ess'try state and federal documents. s term, the administration should provide an i to include issuing parking permits, fobs, and �er, as well as assistance for the completion of Within the first quarter of a Council Member's tern. the administration should arrange for a budget overview and tours of all major city facilities Lid functional areas.