HomeMy WebLinkAboutAgenda Item - 2001-01-09 - Number 3.2 - 3.2
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AGENDA REPORT SUMMARY
MEETING DATE: JANUARY 9, 2001 STUDY SESSION.
SUBJECT: PROPOSED CITY COUNCIL RULES OF PROCEDURE.
RECOMMENDED MOTION:
Move to instruct staff to prepare a resolution to amend the City Council Rules of Procedure.
EST. FISCAL ATTACHMENTS: NOTICED (Date):
IMPACT:
• Council Report
• Proposed City Council Ordinance no.: N/A
STAFF COST: $ Rules of Procedure. Resolution no.: N/A
Findings no.: N/A
BUDGETED:
y N Previous Council
consideration: N/A.
FUNDING SOURCE:
/C124—`1/J a—CL,
CITY ATTORNEY ASST. CITY MANAGER CIT" ANAGER �J
Signoff/date I- o r-0 1 Signoff/date Signoff/date S` of
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Ord\rptcov00.doc
Of SAKE OSwfCO City Attorney's Office
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Council Report
OREGO$
To: Judie Hammerstad, Mayor
Members of Lake Oswego City Council
Doug Schmitz, City Manager
From: David D. Powell, City Attorney,(52-O
Date: January 5, 2001
Subject: Discussion Draft of Revisions to City Council Rules of Procedure
Study Session—January 9, 2001
BACKGROUND
I have been asked to prepare a discussion draft of the City Council Rules of Procedure containing
certain revisions. The attached draft is presented for the Council's consideration at the study
session scheduled for January 9, 2001
DISCUSSION
For convenience, the revisions from the current Rules of Procedure are shown in red, underlined
text. Deletions are shown by strikethrough.
A new section 3(e) is proposed that would describe study sessions as typically including
discussion with no final action. However, the rule would retain the Council's ability to take
action during the study session if necessary or convenient.
Rule 4(b) would be amended to allow delivery of agendas and supporting materials to Councilors
by e-mail or fax.
Rule 4(c) would be amended to specify that the agenda could be altered either at the Mayor's
discretion, or by a majority vote of the Council. The clause "unless otherwise prohibited by
law" is unnecessary and would be deleted.
Rule 4(d)(vi) would be edited to allow the Mayor to alter the five-minute time limit for citizen
comment.
Rule 4(d)(x) would be amended to change the "Business from Councilors" agenda item to
"Information from Councilors." Matters could be brought up under this agenda item for 1 7
Council Report
Study Session
Amendments to Rules of Procedure
January 5, 2001
Page 2
informational purposes, only. Matters requiring Council action would need to be specifically
placed on the agenda through one of the methods outlined in Rules 4(a) and 4(c).
Rule 5(b) would be edited to state the Mayor's Charter authority to preserve order and enforce
the rules.
Rule 5(c) would amended to add a new subsection (i) stating that the principles of Roberts Rules
of Order apply, but that strict adherence to those rules is not required. This is already spelled out
in the City Code.
Subsection (iii) of Rule 5(c) would also be altered to state that a motion should be made before
discussion of a question.
Subsection (iv) (formerly (iii)) of Rule 5(c) would be changed to provide that the Mayor would
call on each Councilor for discussion in the order of their requests to be recognized, rather than
in voting order. The provision allowing each Councilor the right to speak twice on each motion
would be deleted. (However the moving Councilor's privilege of final comment would be
retained.) Unless expanded by the presiding officer, each Councilor's comments would total no
more than five minutes.
The proposal updates Rule 6(a) to reflect the Charter amendment allowing both voice votes and
roll call votes.
Finally, Rule 6(d) would be changed to discourage abstaining votes. Any abstaining vote that
nevertheless occurs would be counted as a "non-affirmative" vote for the purpose of deciding
whether a motion has passed. (Under the current rule, an abstaining vote is counted with the
prevailing side.)
RECOMMENDATION
It is recommended that the Council discuss the draft amendments to the Council's Rules of
Procedure, and instruct staff as to whether a resolution incorporating these changes should be
scheduled for consideration at a regular meeting.
18
Section: City Council
Subject: City Council Rules of Procedure
Effective Date: Revised February 2, 1993 Procedure No.: 5
By Resolution 93-13
1.PURPOSE
These rules implement Lake Oswego Charter Chapter IV Section 14(A), which requires
adoption of rules to govern Council proceedings.
2.COMPLIANCE WITH OREGON PUBLIC MEETINGS LAW REQUIRED
All meetings of the City Council shall comply with the Oregon State Public Meetings Law
(ORS 192.610 to 192.690), which is hereby incorporated by reference into these rules. All
provisions of the Public Meetings Law are applicable to meetings of the City Council even if
not expressly set forth in these rules. To the extent that any local procedure conflicts with the
Public Meetings Law, the latter shall prevail. [Charter Chapter IV Section 14(B).]
a.Meetings to be Open to the Public: All meetings of the Council shall be open to the public
and all persons shall be permitted to attend, except as otherwise provided by ORS 192.610
to 192.690. A "meeting" is the convening of a quorum of the Council in order to make a
decision or deliberate toward a decision on any matter. "Meeting" does not include an on-
site inspection of a program or project and does not include attendance at any national,
state or regional association to which the Council or its members belong. [Charter Chapter
IV Section 14(B).]
b.Meetings to be Held at Location Open to Public: Meetings shall not be held at any place
where discrimination on the basis of race, creed, color, sex, national origin or disability is
practiced. Meetings shall not be held at any place inaccessible to the disabled. Smoking
in a public meeting is prohibited.
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c.Minutes Required: Written minutes shall be taken for all Council meetings except executive
sessions which are audio taped Minutes shall be available to the public within a
reasonable time after the meeting, and shall include at least the following:
i.Councilors present.
ii.All motions, proposals, resolutions, orders, ordinances and measures proposed and their
disposition.
iii.The results of all votes and the vote of each Councilor by name.
iv.The substance of any discussion on any matter
v. A reference to any public document discussed.
[Charter Chapter IV Section 16.]
d.Meetings to be Electronically Recorded: All meetings of the Council and Council
subcommittees shall be electronically recorded. [Charter Chapter IV Section 14(B).]
3.TYPES OF MEETINGS
a.Regular Meetings: The Council shall hold a regular meeting at least twice per month. The
regular meeting shall be held on the first and third Tuesdays of each month at 7:00 P.M. in
the City Council Chambers, unless the Council cancels or reschedules the meeting. If the
regular meeting falls on a legal holiday, the meeting shall be convened at the same time
and place on the next regular business day. Notice of a regular meeting shall be given by:
i.Publication in a newspaper of general circulation in the City;
ii.Posting written notice in three public places;
iii.Providing the agenda and supporting material to members of the press who request notice; and
iv.Providing the agenda to other persons who request copies.
[Charter Chapter IV Section 14(A); LOC 12.050.]
b.Special Meetings: Special Meetings may be called by the Mayor or three or more
Councilors. At least 24 hours written or verbal notice must be provided to the Council and
to members of the news media and the public who have requested notice. [Charter
Chapter IV Section 14(A).]
20
Section: City Council Procedure No.: 5
Subject: City Council Rules of Procedure (Cont'd - Page 3)
c.Emergencv Meetings: In the case of an actual emergency, an emergency meeting may be
called by common consent of all available Councilors upon such notice as is appropriate to
the circumstances. The minutes of the emergency meeting shall describe the emergency
justifying less than 24 hours notice. [Charter Chapter IV Section 14(A).]
d.Executive Sessions: An executive session (a meeting closed to the public) may be held in
accordance with the Public Meetings Law. The Mayor may call any regular, special or
emergency meeting into executive session by citing the specific provision of ORS 192.660
which authorizes the session. Executive Sessions may also be separately scheduled
pursuant to the requirements for special meetings.
i.Attendance at Executive Sessions: The Mayor shall determine which persons other than
the Council shall attend an executive session.
ii.Media Attendance: Representatives of the news media shall be allowed to attend executive
sessions except those called pursuant to ORS 192.660(1)(d) (deliberations with persons
designated to carry on labor negotiations). The Mayor shall instruct any media
representatives present not to disclose the substance of any discussion during executive
session.
iii.Final Decision Prohibited: No final decision shall be made in executive session. To make a final
decision, the presiding officer shall either call the meeting into open session or place the
decision on the agenda of a future open session.
e. Study Sessions: A special meeting, or any portion thereof, may be designated as a
study session. Typically a study session designation indicates that matters of substance will be
discussed, but that final action will not be taken. However, this designation does not prevent
the Council from taking final action at the meeting if necessary or convenient.
4.AGENDA
a.Setting the Agenda: The Mayor shall determine the business to be placed on the Council
meeting agenda. Any Councilor may request that an item be placed on the Council
Agenda. A majority of the Council may direct that an item be placed on the agenda.
[Charter Chapter V Section 19
b.Delivery: Promptly after it is developed, ,
it the agenda shall be delivered to each Councilor together with any supporting
materials. Unless a Councilor requests otherwise, the agenda and materials may be
delivered electronically or by telephonic facsimile.
2j
Section: City Council Procedure No.: 5
Subject: City Council Rules of Procedure (Cont'd -Page 4)
c.Alteration of the Agenda:
i. New matters: Matters not on the printed agenda may come before the Council as
determined by the Mayor or a majority of the Council. unless otherwise
prohibited by law
ii.Final Written Land Use Orders: Any Councilor voting with the prevailing side on a
tentative land use decision may continue consideration of the final written order to the next
regular meeting.
d.Order of Business: The Mayor shall establish the order of business for all meetings except
regular meetings. Regular meetings shall be conducted in the following order of business,
subject to the right of the Mayor, with Council consent, to alter the order of business:
i. Call to Order.
ii.Roll Call.
iii.Consent Agenda. The purpose of the consent agenda is to expedite the Council meeting
by grouping routine or uncontested items of business so that they may be approved by one
motion. The consent agenda may include any or all of the items on the regular agenda,
except as otherwise prohibited by law. The Mayor and City staff shall develop the consent
agenda during agenda setting. The Council by consensus may add any item of business on
the regular agenda to the consent agenda. Any Councilor may remove any item from the
proposed consent agenda for individual consideration. A vote in favor or opposed to a
consent agenda is considered to be an affirmative or negative vote on each of the items on
the consent agenda. Approval of a consent agenda containing the reading of an ordinance
shall be followed by a reading of the ordinance title.
iv.Special Presentations by the Council: This agenda item is reserved for the presentation
of awards or special recognition to staff or citizens for special or outstanding service.
v. Items Pulled from Consent Agenda.
This agenda item is reserved for consideration of items of business pulled from the
Consent Agenda pursuant to Rule 4(d)(iii), above.
vi.Citizen Comment: The purpose of citizen comment is to allow citizens to present
information or raise an issue regarding items not on the agenda. Unless altered by the
Mayor,a A time limit of five minutes per citizen shall apply. The Council may accept the
information, answer the question if simple, or refer the matter to the appropriate City
Department for review and response. If the matter is referred, the Council may direct the
22
Section: City Council Procedure No.: 5
Subject: City Council Rules of Procedure (Cont'd -Page 5)
Department to respond in writing to the citizen or to present the response to the Council in
the form of a Council report. In the latter case, the citizen shall be notified of the date on
which the report will come before the Council. Citizen comment shall not exceed thirty
(30) minutes unless the Council votes to suspend the rules.
vii.Public Hearings.
viii.Written Communications: This agenda item allows the Council to consider written comments
from citizens. Review shall be as provided for citizen comment.
ix. Reports of City Commissions or Committees: This agenda item allows members of City
Commissions or Committees to raise issues or present information to the Council.
x. Business Information from the Councilors: This agenda item provides an opportunity for
individual Councilors to g—any provide information before to the Council €ef
consideration on matters not otherwise on the agenda. Each Councilor will be given
five minutes. This agenda item shall not be used for matters requiring action by the
Council. Action items must be placed on the agenda pursuant to Rule 4(a) or 4(c).
above. If a Councilor anticipates b,e a she should but et r red to
notify the Mayor or city manager so that the item may be listed on the agenda. If a
xi.Departmental Reports.
xii.Orders.
xiii.Ordinances.
xiv. Resolutions.
xv. Reports of City Officers.
Xvi Approval of Minutes: Minutes may be approved without reading if the Council members
are given copies prior to the meeting.
xvii.Adjournment.
[Charter Chapter IV Section 17.]
23
Section: City Council Procedure No.: 5
Subject: City Council Rules of Procedure (Cont'd - Page 6)
5.CONDUCT OF THE MEETING
a.Ouorum: A majority of the members of the Council constitute a quorum for conducting
business. [Charter Chapter IV Section 15(A).]
b.Presiding Officer: The Mayor shall preside at all meetings of the Council. The Mayor
shall preserve order and enforce the rules of the Council. In the absence of the Mayor,
the Council President shall preside. [Charter Chapter IV Sections 17 & 18.]
i. Absence of Presiding Officer: In the absence of the Mayor and the Council
President, the Council shall elect a Councilor to serve as presiding officer as its first
order of business. Any Councilor may call a meeting to order for the purpose of
electing a presiding officer. [Charter Chapter IV Section 18.]
ii.Substitution of Presiding Officer: The presiding officer may appoint a temporary presiding officer
to cover his or her temporary absence from the meeting by handing the gavel to the
Council President or, if the Council President is absent or serving as presiding officer, to
any other Councilor.
c.Rules of Debate:
i. Rules: The principles set forth in Robert's Rules of Order, latest edition, should
be observed in the conduct of Council meetings. However, strict adherence to
the requirements of those rules is not required. No action of the Council shall
be in violation of this section for the reason that the action was not in
conformance with Robert's Rules of Order. [LOC 12.02.0101
ii. Participation: The Mayor or any Councilor may move a question, second a motion,
debate and vote. [Charter Chapter IV Section 17.]
iii.Motions: A question is presented for decision by the Council by means of a motion. A
motion shall precede discussion of a question.
A list of available motions and the rules for passage are set forth in attached Exhibit "A".
A.Friendly Amendment: A formal motion to amend a main motion shall not be
necessary if the proposed amendment is accepted by the maker and the second
of the main motion.
B.Withdrawing a Motion: A motion may be withdrawn prior to a vote by the maker
of the motion.
2 4
Section: City Council Procedure No.: 5
Subject: City Council Rules of Procedure (Cont'd - Page 7)
C.Reconsideration: A motion to reconsider any action by the Council may be made
during the same meeting at which the action was taken. A motion to reconsider
must be made by a Councilor that voted with the prevailing side, but may be
seconded by any member.
D.Repeal: Except as provided below, any action of the Council may be repealed. A
motion to repeal may be offered at any meeting following the meeting at which
the subject action was taken. The motion must be made by a Councilor who
voted with the prevailing side, but may be seconded by any member. A motion
to repeal shall be passed by a two-thirds vote of members present and eligible to
vote, unless notice has been given of the intent to offer the motion. If notice of
intent is published on the printed agenda under "Business from Council," a
motion to repeal shall be passed by a majority of members present and eligible
to vote. The following actions may not be repealed:
1.An action that can be reached by a motion to reconsider.
2.An executed contract or agreement.
3.A final written land use decision, unless the motion is made within 21 days of
approval and specifies one or more reasons why the findings in favor of the
decision are incorrect.
4.An action which either legally or by its nature cannot be undone.
iiiiv..Discussion: Following a motion T the presiding officer shall call on Councilors for
discussion according to their requests for recognition. er. Once a
Councilor h.,s .,mined the floor he or she shall not be interrupted without leave of
the Councilor except as provided by these rules. Each Councilor may speak twice
eache ber has had4lae-opportunity to-speak on Counc-iler--may-spe k
third and s„bseguent time after r ,1 of the Council. The moving
Councilor shall have the privilege of final comment on the motion. Councilors shall
limit their discussion to five minutes each time a member speaks. This time limit
may be expanded in the discretion of the presiding officer. No limits are placed
iv.Preservation of Order: The presiding officer shall preserver order and decorum,
discourage personal attacks, and confine Council debate to the question under discussion.
The presiding officer may eject from the meeting any person in attendance, including any
Councilor, who becomes disorderly, abusive, or disruptive, or who fails or refuses to obey
a ruling of the presiding officer regarding a matter of order or procedure. The presiding
9 5
N
Section: City Council Procedure No.: 5
Subject: City Council Rules of Procedure (Cont'd -Page 8)
officer may summon the assistance of the Lake Oswego Police to assist in maintaining
order. [Charter Chapter IV Section 17; LOC 12.010.]
vi. Points of Order: Any Councilor may request a ruling from the presiding officer
regarding procedure or preservation of order by calling for a point of order. The
presiding officer shall determine the point of order, subject to appeal by any
Councilor. An appeal shall be decided by majority vote. [LOC 12.02.010.]
6.VOTING
a. Method of Voting: The vote on any question shall be taken ky
voice or by roll call vote. The vote shall be taken by roll call at the direction of the Mayor or
at the request of any Councilor. The minutes shall reflect the vote of each Councilor by
name. [Charter Chapter IV Section 16.]
b.Order of Voting: At the first meeting of each year, the Mayor shall assign a seat on the dais
to each Councilor, except that the Mayor shall sit in the center seat and the Council
President shall sit directly to the Mayor's left. Roll call votes shall be called in order of
chair position, from the Mayor's right to the Mayor's left. The order of voting shall be
rotated each calendar week so the each Councilor has an equal opportunity to vote first and
last. No rotation shall occur in any week that no Council meeting is held. The voting
order of a meeting shall not change when the meeting is continued to a different week.
[LOC 12.015.]
c.Vote Required to Decide a Question: Except as otherwise provided in these rules, the
concurrence of a majority of the members present and eligible to vote is necessary to
decide a question. No question may be decided with fewer than three affirmative votes,
however, unless three or fewer members are eligible to vote on the question. In this event,
the question may only be approved by a unanimous vote of those eligible to vote at two
consecutive regular City Council meetings. The composition of the membership voting
need not be the same at both meetings. [Charter Chapter IV Section 15.]
d.Abstention: A.,., Councilor may abstain f om voting o estion nd the abstention shall
Abstentions are discouraged. For the purposes of Rule 6(c) above, an abstention shall
not be considered an affirmative vote. Councilors who have a conflict of interest or a
disqualifying bias should decline to participate rather than abstaining (See Rule 7,
below).
26
Section: City Council Procedure No.: 5
Subject: City Council Rules of Procedure (Cont'd - Page 9)
7.CONFLICT OF INTERESTBIAS/EX-PARTE CONTACT
a. Conflict of Interest: Prior to participating in any decision, a Councilor shall declare any
potential conflict of interest. No Councilor shall participate in any manner regarding an
agenda item if doing so would create an actual conflict of interest.
i. "Potential Conflict of Interest" means any action by a councilor which would be to
the private pecuniary benefit or detriment of the Councilor or a member of the
Councilor's household, or a business with which the Councilor or member of the
Councilor's household is associated. "Potential conflict of interest" does not include
pecuniary affects arising out of:
A. Membership in a particular occupation or class required by law as a prerequisite to
holding the office of Councilor; or
B. An action which would affect to the same degree a class consisting of an industry,
occupation, or other group to which the Councilor or a member of the Councilor's
household belongs.
b. Bias: No Councilor shall participate in any manner in a quasi-judicial decision if the
Councilor has actual bias regarding the decision.
I. "Quasi-judicial decision" means a decision involving the application of existing criteria
to identified persons or properties.
ii. "Actual Bias" means prejudice or prejudgment of facts to such a degree that a Councilor
is incapable of rendering an objective decision on the merits of the case.
c. Ex-Parte Contact: Before participating in any quasi-judicial decision, a councilor shall
declare any ex-parte contacts. An ex-parte contact is an oral or written communication
with a member of the Council regarding the merits of the case made outside of the public
hearing process during the pendency of a proceeding. (Communication with staff is not an
ex-parte contact). Effective declaration of an ex-pane contact shall include identification
of the party and disclosure of the nature of the communication.
8.COUNCIL SUBCOMMITTEES
The Mayor, with Council consent, has the power to appoint Council subcommittees. A
subcommittee shall have whatever duties and shall serve for any duration the Mayor and the
Council deem appropriate. Such subcommittees may be standing or ad hoc committees. Each
2
7
Section: City Council Procedure No.: 5
Subject: City Council Rules of Procedure (Cont'd - Page 10)
Council subcommittee shall comply with the Council Rules of Procedure, subject to the
following exceptions and additions:
a. Presiding Officer: As its first order of business, each Council subcommittee shall elect a
chair to serve as presiding officer.
b. Meetings: The subcommittee may adopt a regular meeting time, or the chair may call
special meetings, as the subcommittee deems appropriate.
c. Order of Business: The chair shall determine the agenda and the order of business to come
before the subcommittee, subject to the right of a majority of the subcommittee to alter the
agenda or order of business.
d. Approval of Minutes: The chair shall approve the minutes by signing and distributing the
minutes to the members of the subcommittee. Any member of the committee shall have
the right to request amendments to the minutes at the next regular subcommittee or full
Council meeting that occurs following distribution of the minutes.
[Adopted October 15, 1991, Resolution R-91-50; Amended December 3, 1991, Resolution R-91-59; Amended July 7, 1992, Resolution 92-32;
Amended February 2, 1993,Resolution 93-13.]
Section: City Council Procedure No.: 5
Subject: City Council Rules of Procedure (Cont'd - Page 11)
EXHIBIT "A"
LIST OF MOTIONS
MAY YOU MUST YOU IS THE
INTERRUPT BE MOTION VOTE
TO DO THIS YOU SAY THIS SPEAKER? SECONDED? DEBATABLE? REQUIRED
Introduce business "I move that..." No Yes Yes Majority
(a main motion)
Amend a motion "I move to amend No Yes Yes Majority
this motion"
Divide the motion "I move the No Yes Yes Majority
into parts for question be
separate vote divided..."
*Suspend further "I move we No Yes No Majority
consideration of table this
something matter"
*Take up a matter "I move to No Yes No Majority
previously tabled take from the
table..."
Postpone consideration"I move we postponeNo Yes Yes Majority
of something this matter until"
Have something "I move we refer No Yes Yes Majority
studied further this to..."
End debate "I move the No Yes No 2/3 vote
previous question"
*Adjoum the meeting "1 move that we No Yes No Majority
adjourn"
Recess the meeting "I move that No Yes No Majority
we recess until..."
*Complain about noise,"Point of privilege"Yes No No No vote
room temperature,etc.
*Object to procedure or"Point of order"Yes No No No vote
29
Section: City Council Procedure No.: 5
Subject: City Council Rules of Procedure (Cont'd - Page 12)
to personal affront Chair decides
*Request information "Point of Information"Yes No No No vote
*=NOT AMENDABLE
30
Section: City Council Procedure No.: 5
Subject: City Council Rules of Procedure (Cont'd - Page 13)
MAY YOU MUST YOU IS THE
INTERRUPT BE MOTION VOTE
TO DO THIS YOU SAY THIS SPEAKER? SECONDED? DEBATABLE? REQUIRED
*Object to considering"'object to Yes No No 2/3 vote
some matter consideration
of this"
*Reconsider something "I move we reconsiderYes Yes Yes Majority
already disposed of action on..."
*Consider something "I move we suspendNo Yes No Majority
not in scheduled the rules
order and..."
*Vote on a ruling "I appeal the Yes Yes Yes Majority
by the presiding presiding officer's
officer decision"
*=NOT AMENDABLE
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