HomeMy WebLinkAbout01-20 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Resolution: 01-20
File Number: 2019-0867
ADOPT THE RULES OF ORDER AND PROCEDURE:
A RESOLUTION TO ADOPT THE RULES OF ORDER AND PROCEDURE OF THE
FAYETTEVILLE CITY COUNCIL FOR 2020
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 2020 as attached to this Resolution.
PASSED and APPROVED on 1/7/2020
Attest:
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Kara Paxton, City Clerk Treasure; AYE7--EVICCF�
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Page 1 Printed on 119120
City of Fayettevi I le, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2019-0867
Agenda Date: 1/7/2020 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 2020
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 2020 as attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 11812020
City of Fayetteville Staff Review Form
2019-0867
Legistar File ID
1/7/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Assistant City Attorney Blake Pennington 11/27/2019 CITY ATTORNEY (021)
Submitted By Submitted Date Division / Department
Action Recommendation:
A resolution to re -adopt the Rules of Order and Procedure of the Fayetteville City Council for 2020. The rules were
last amended on January 2, 2018, by Res. 29-18.
Change Order Number: Approval Date:
Original Contract Number:
Comments:
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 # Res 29-18
Change Order Number: Approval Date:
Original Contract Number:
Comments:
OFFICE' OF THE
Crr ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Jordan
City Council
CC: Kara Paxton, City Clerk
FROM: Blake Pennington, Assistant City Attorney
DATE: November 27, 2019
RE: Rules of Order and Procedure
Kit Wi11iains
Citi 40,01-11ey
BI-ake Bennington
Joni Batk,�:.r
t?r�i'aiXt',�rtf
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 7, 2020. The Rules of Order and Procedure
of the Fayetteville City Council were last revised on January 2, 2018.
Rules of Order and Procedure
of the Fayetteville City Council
Revised 01/02/2018
Resolution # 29-18
Page- 1 - of 12
RULES OF ORDER AND PROCEDURE
OF THE FAYETTEVILLE CITY COUNCIL
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 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
lThe 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. Quorum
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
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Revised 01/02/2018
Resolution # 29-18
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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 Items. 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.
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
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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. Courtesy 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.
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B. DUTIES AND PRIVILEGES OF COUNCIL MEMBERS AT CITY COUNCIL MEETINGS
1. Seatin!
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
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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. 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 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.
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D. PROCEDURES AND PARLIAMENTARY RULES
1. A enda
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. 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."
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 salve 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. ReadinlZs
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:
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♦ 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 315' 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.
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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 Groups
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 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 need to properly carry out its functions in an
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informed manner. The City Council also expects the Mayor to abide by the City of Fayetteville
Code of Ethics.
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
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
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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 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:
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.
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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).
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;
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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;
L 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;
L 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.