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HomeMy WebLinkAboutAgenda - 2001-01-16 9. 1 01/16/01 AGENDA REPORT SUMMARY MEETING DATE: January 16, 2001 SUBJECT: Resolution No. 01-02. A Resolution of the City Council of the City of Lake Oswego amending Administrative Procedure No. 5, "City Council Rules of Procedure". RECOMMENDED MOTIONS: Move to adopt Resolution 01-02, a resolution of the City Council of the City of Lake Oswego amending Administrative Procedure No. 5, "City Council Rules of Procedure". EST. FISCAL ATTACHMENTS: NOTICED (Date): IMPACT: N/A • Council Report dated 01/01/01 from City Attorney. Ordinance No.: STAFF COST: $0 • Draft Council Rules of Resolution No.: Resolution 01-02. BUDGETED: Procedure. • Resolution 01-01 with Previous Council consideration: Y N Exhibit A. January 9, 2001 study session. FUNDING SOURCE: 012 -4;,(fi 3_, CITY ATTORNEY ASST. CITY MANAGER CITY M " AGERv �- t (, off [ ( o Signoff/date Signoff/date Signoff _ .to M:\Reso\Rpt-Cov00.doc 7 5 °``AKE oswE�� City Attorney's Office Council Report OREGO$ To: Judie Hammerstad, Mayor Members of Lake Oswego City Council Doug Schmitz, City Manager From: David D. Powell, City Attorney Date: January 11, 2001 Subject: Resolution 01-02—Amendments to City Council Rules of Procedure BACKGROUND At the January 9, 2001 Study Session, the City Council directed that a resolution be prepared amending the Council's Rules of Procedure. Resolution 01-02 will enact the amendments presented to the Council on January 9`h, plus the additional changes directed by the Council that evening. DISCUSSION The first attachment presents the Rules of Procedure with the additions shown in red type and the deletions as stfikethr-eugh. The second attachment is Resolution 01-02 which incorporates the attached "official" version of the rule changes, with additions shown in shed, old a line Ing and deletions shown as ctrikethrough. 1. Changes presented at the January 9, 2001 Study Session: A new section 3(e) describes 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. 77 Council Report Council Rules of Procedure January 11, 2001 Page 2 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 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. 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.) 2. Additional Changes directed by the Council at the January 9, 2001 Study Session: Rule 2(b) would be amended to prohibit meetings being held at places where discrimination on the basis of age or sexual orientation is practiced. (The current rule already prohibits meetings where discrimination on the basis of race, creed, color, sex, national origin or disability is practiced.) Rule 3(a) would be updated to reflect that regular meetings begin at 6:00 p.m. Under Rule 4(d), Order of Business, the agenda item for Special Presentations would occur immediately after the roll call, rather than after the Consent Agenda. 78 Council Report Council Rules of Procedure January 11, 2001 Page 3 Throughout the rules, "Mayor" is substituted for"presiding officer," except where there is reason to use the latter title. In Rule 5(c)(iii)(D) "Business from Council" is deleted, since that agenda item has been changed pursuant to the amendments presented on January 9tn 3. Suggested Additional Change: Rule 5(c)(iii)(D) currently provides that a notice of intent to offer a motion to repeal could be given under the "Business from Council" agenda item. (The rule implies, but does not state, that a Councilor who voted with a prevailing side could have the notice placed on the agenda as a matter of right.) Since the Council has directed that the "Business from Council" item be changed to "Information from Councilors," it is necessary to clarify the process for giving such a notice. I would suggest that the rule be amended as shown in the attached draft. A Councilor who voted with the prevailing side could have notice of his or her intent to move to repeal the action placed on the agenda once as a matter of right. The notice could not be placed on the agenda again except by the usual process (by the Mayor or a majority of the Council.) RECOMMENDATION It is recommended that the Council adopt Resolution 01-02, amending the Council's Rules of Procedure. Motion: "I move the adoption of Resolution 01-02, a resolution of the City Council of the City of Lake Oswego amending Administrative Procedure No. 5, "City Council Rules of Procedure." 79 • Section: City Council Procedure No.: 5 Subject: City Council Rules of Procedure (Cont'd -Page 1) 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 REOUIRED 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, age, sexual orientation., 81 Section: City Council Procedure No.: 5 Subject: City Council Rules of Procedure (Cont'd - Page 2) 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. 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 6:00 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.] Section: City Council Procedure No.: 5 Subject: City Council Rules of Procedure (Cont'd -Page 3) 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).] c. Emergency 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 83 Section: City Council Procedure No.: 5 Subject: City Council Rules of Procedure (Cont'd - Page 4) 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, wit 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. 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. 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. 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. 84 Section: City Council Procedure No.: 5 Subject: City Council Rules of Procedure (Cont'd - Page 5) iv. Special Presentations by the Council: This agenda item is reserved for the prese on ef-awards or- special recognitionrte-sttaff era--citizens for—special err 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)(ii-i iv ), 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 bv_ 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 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 bring any provide information before to the Council 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. issue, he or she should, but is not required to, notify the Mayor or city manager so that the item may be listed on the agenda. If a Councilor seeks Council action on a written document, however, that document shall be delivered to each Councilor and the city recorder at least 21 hours prior to the meeting. If this deadline is not met, next regular meeting. 85 Section: City Council Procedure No.: 5 Subject: City Council Rules of Procedure (Cont'd - Page 6) 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.] 5. CONDUCT OF THE MEETING a. Quorum: 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 Mayor and Council President: 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. Temporary Substitution of Presiding Officer: The Mayor 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 86 Section: City Council Procedure No.: 5 Subject: City Council Rules of Procedure (Cont'd - Page 7) be in violation of this section for the reason that the action was not in conformance with Robert's Rules of Order. 1LOC 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.] .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. 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. Notice of intent shall be placed on the agenda on one occasion upon the request of any Councilor who voted with the prevailing side. Notice of intent shall not be placed on the agenda on subsequent occasions unless pursuant to Rule 4(a) or 4(c). 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. 87 Section: City Council Procedure No.: 5 Subject: City Council Rules of Procedure (Cont'd - Page 8) 4. An action which either legally or by its nature cannot be undone. iiiiv. Discussion: Following a motion T the presiding officer Mayor shall call on Councilors for discussion according to their requests for recognition. in voting order. , without leave „f the Council„r o ept a ,idea by those rules. Each Councilor second time until each member has had the opportunity to speak once. Any 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 at the discretion of the Mayor. Ne iv. Preservation of Order: The presiding officer Mayor shall preserver order and decorum, discourage personal attacks, and confine Council debate to the question under discussion. The presiding officer Mayor 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 Mayor regarding a matter of order or procedure. The Mayor 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 Mayor regarding procedure or preservation of order by calling for a point of order. The presiding officer Mayor 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 la 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 88 Section: City Council Procedure No.: 5 Subject: City Council Rules of Procedure (Cont'd - Page 9) 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: Any-Councci-l^ absta fro ^tin" stion nd to abstenttion h ll bo el For the p f h theca tion has loon �.iriarr-vc-rr�C���--3�.Y�} ^�c-m--���FR�l-R�i}�g-vn�ccrraz—a-cjvcarrvn-z�vccn v e side- 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). 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. 899 Section: City Council Procedure No.: 5 Subject: City Council Rules of Procedure (Cont'd -Page 10) 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 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, 199], 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.] 9O 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? REOUIRED 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 postpone No Yes Yes Majority of something this matter until" Have something "1 move we refer No Yes Yes Majority studied further this to..." End debate "I move the No Yes No 2/3 vote previous question" *Adjourn the meeting "I 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 91 Section: City Council Procedure No.: 5 Subject: City Council Rules of Procedure (Cont'd -Page 12) to personal affront Chair decides MAY YOU MUST YOU IS THE INTERRUPT BE MOTION VOTE TO DO THIS YOU SAY THIS SPEAKER? SECONDED? DEBATABLE? REQUIRED *Request information "Point of Information" Yes No No No vote *Object to considering" I object to Yes No No 2/3 vote some matter consideration of this" *Reconsider something "I move we reconsider Yes Yes Yes Majority already disposed of action on..." *Consider something "I move we suspend No 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 M:\Reso01-02-ExhA-CouncilProcedures.doc RESOLUTION 01-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AMENDING ADMINISTRATIVE PROCEDURE NO. 5, "CITY COUNCIL RULES OF PROCEDURE" WHEREAS the City Council finds that its rules of procedure should be amended to improve the efficiency of Council operations, BE IT RESOLVED by the City Council of the City of Lake Oswego that Administrative Procedure No. 5 — City Council Rules of Procedure is hereby amended as shown on attached Exhibit A. Added material is shown as o d iii xei �• and;�a ,,1u ��"�,re`�°a"n��siii4n. Deleted material is shown by otrikothrough. Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego on the 16th day of January, 2001. AYES: NOES: EXCUSED: ABSTAIN: Judie Hammerstad, Mayor ATTEST: Robyn Christie, Deputy City Recorder APPROVED AS TOORM: tt David D. Powell City Attorney 9 Page 1 of 1 -Resolution 01-02 Section: City Council Procedure No.: 5 Subject: City Council Rules of Procedure (Cont'd-Page 1) I & EXHIBIT; ge;clut‘.01,1 (313-13 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,ae,sexuator^ientatkoii, g 95 Section: City Council Procedure No.: 5 Subject: City Council Rules of Procedure (Cont'd-Page 2) 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. 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 6:00 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.] 96 Section: City Council Procedure No.: 5 Subject: City Council Rules of Procedure (Cont'd-Page 3) 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).] c. Emergency 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. . __- - - '.�74'.,.. .;• _ - .;.rl=, r,a�,r,��!.! - e:. Stndy2Se A-�.s ssionsct pecial, ue6tingr=:liu o gypri'rtan';;thereof,2,�may lv= 3esignated iis,;a ' ,�4+ti^`�'+I:p`9ff^�1."v"L"'.'.a - stucly.fsesiohic�tll :';a: tuc�y ,sesibnf.rles�griabnricahtatters Hof ',n�"fi„a"Pfia i= : y.i5 .x,-,- ar�n'+.�-.q1.e°?.3�a'' `'4'F'n_ .:i2!"'r�:�Frrs,A,a - ,=3,.a,sa ;.•�E� r��.2,�' it'{rr - v-,f�r-'�r..p,�r 'la;ry�i��'-yx r:.�}..c;�b�- sf;. -.r;�. L�`�a'W; �'�p4�. :. -.�':�?�L'-----�.ii"�i: •�+"j _- ,'b," E,.%'>sx�5; -`=,¢"'t. N.��`t a21�',q`y'"=.k`i'L" �„ ° rv,k.:i,�:i�4-`�'b'�,•,:'"..�'z su�bsta "aVa he'tiisousse�,�Iiu rtti � irta tion 11 mnt ie.•tal en:a c ,e nth s desig�itiin¢ dhotreve�ut`!th ' arnc1lforn3±ag-;ilinal aciLi�btltuwmeetmg if fiteeSsiryibrvoniskenteitt 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]. 97 Section: City Council Procedure No.: 5 Subject: City Council Rules of Procedure (Cont'd- Page 4) b. Delivery: l ra pile,e'er", t4`4esr loved As soon a3 the agenda is developed and printed, it th,e°a en i shall be delivered to each Councilor printed,, re -- -..:�;..r 4F.�. - 'a�,+,;.�4`+NY;�•• - - ;<.t;.r - - ...y.ar .la.,v^A{ _ •,-k^+"rkp^ri'x�:h�.c"':> vi`?v . c. Alteration of the Agenda: i. New matters: Matters not on the printed agenda may come before the Council as `".A'E,'"'>'�.:+ti°"i.�a�'�*1+.�A;'i,y, -.o. ,llr�== `,i„�-`":'t :E,:>.d%.wrs�,1�,=i�."' -- :iF �di i[i�a i i` r, %eaF;,kii TO i4,1 1 i l ' n .c 1 unless otherwise l t3''":�. 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. iA I, -- 'J`r - - t. °,,.�, 'eciaL.�Pxeseti�at�oin� li:�u��lio==�CounciiilE;t;�''L`,his'44�a euda�item" sreser�ved;�fnr,<�he �V:'e — 'ikr.t � �'.i'.='?, rt4..;, pres tz t=onTh `;a Ord t oi�=special reeogjii i&n' to;s a1'a`'dr- citizns-t'oi 'special o`r ULYfiSt$n�tl;5 T�4'ice. .'iv. 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 outstanding service. 98 Section: City Council Procedure No.: 5 Subject: City Council Rules of Procedure (Cont'd-Page 5) 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)( ! ), 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. Un1e sTaMte ;<b" tli i4i, 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 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 In orma io from the Councilors: This agenda item provides an opportunity for ilKiditni Councilors to bring any OM . i% t rmatio before the Council for consideration iin � ii" t rs not a h� a� ���.ori��;th�e�ngeini Each Councilor will be given 'aiRfive...giv,,r minutes. xis-, a' d iii i s'h 1 d la us d 'fir :N't`$: ;;n,_ °r,T•,r;3ri=.,� ^. 9'fdi!' <nxa;,.akF z aitt rs ire-.uiri t`'4acfitin,+ lie. u� r ;The aitda;:p'urslan :t ' le`'ia :"te ;= byre:` If a Councilor anticipates raising an issue, he or she should, but-is not required-to, notify the Mayor or city manager so that the item may be listed on the agenda. If a Councilor seeks Council action on a written document, however, that document shall be delivered to each Councilor and the city recorder at least 24 hours prior to the meeting. If this deadline is not met, any Councilor will have the right to continue consideration of the document to the next regular meeting. xi. Departmental Reports. xii. Orders. xiii. Ordinances. 99 Section: City Council Procedure No.: 5 Subject: City Council Rules of Procedure (Cont'd-Page 6) 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.] 5. CONDUCT OF THE MEETING a. Quorum: 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. Ti eNlayi i sb aU=preset ve`;nr'fe .a 1=5 %`arse thle r`ul`e r� i In the absence of the Mayor, the Council President shall preside. [Charter Chapter IV Sections 17 & 18.] i. Absence of Presiding Officer M o aii:d; uir i ` keSiderii: 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. T.emporar'1 Substitution of Presiding Officer: The presiding officer Mai==or 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: is .Itules.,,Thei rinciples set;forth in Rnbe 'sithtes o'.`Ord ;`late`st ad t o`n'';should _, :�F,.�,:,,..�.�r",.e•._ilia�e.�r�s-� ',4s:s��i.>'_„�,dr„5�;,.,a;-.,��,.ier,�:_-r.i'>�na.•:.aJ?':fR.',,., •� ..r,F}�;,i�y,.,':�.r4;r:Y ri4,, ...µ"?':�."°i. �"'�-rE.�•.,r- ',n�„ £� "•.€1e, t;;,1'< �` rs�"a�< ;� a�--> � ..r'.'t i�w E fit, �'kv��k7)k=`;,, fi,ma,`^sx` a.'.�� j f�' ?�i'•.. j�h,c a i,.., n.�,'�i`:.,;, lie observed ari,tbe°; r a ne Mtn r e Iin 'S rve 'er 4 str�c't erence.to ;'-v,u:=,'r�r1�a•7Rw.•:ems'� -'��7•<'3'"�ar`��:;,��,�,.., iLr:,.'h=;�,a� '�y` c�.,i rG '�;�'.,,- :',� ,:a^�r.: ==;�F ^x,rv.^,.,,_'a;i� s��s,L,�rttr., !;rrnd:.�.,.�f .�+d, M nE� `�'*�,..�eS ��tii�,,� �Sx ��.' ��8,�7N�;` @§�k' .r, u�; ird���'3,�o= �;>EC �'"�, e �r.''`Iflr' ki the re"tY'lr�frie s h�asa u' e �rs<< t Ytr, g�i�'f�,` w` ac f.+ } ifE,ihic4=+ t ll�g4h l rt^.- ,rw,,��r r.K ,e.,�;:'��=zii�, -;fib`-;3x"rF"wt;"'=k-a<%.�ij_.;Sa;,M. '-A'r �"&: - - -;�-'ill.��^'c-� ,,�.5{, ,,.r�,r`�':R,%SM.yts s:7:�ae�r,,z�'r:t•,: +,i,. '�,t•#.,Tr+.-�t�;7rar.U.'x'�3�,� :��rk,rr���.�3-`^T�, .�..- ,�sa,� ",'M,. �,'(�i =,���tYG+a §'�>*�. 'r"=�sF:'+'Y:''.I,,�, n}'i- k'-`s..�_�^�=`!.�• - :;x ..�, �� be.5 yin :io'la on :�.o �r is -secti in t}f �. .th,e yteason;.r a't .{the =action ,was!r,'no ri:sIn ',i����`�''.�:�'iisl�-r="�,rv,:�y�,�s i;�Zl�,_,y�.H �,•t<_�.....,�a�',,..,,,�n.�,�;rr�;"er-.,x';�£`°';0s.i��,"'.��.i �iP "r�,"ri��:n,:�,.,�. :� - coriftirinance vi?tt to?ert�; files o f` r, er.°;,rEOrei o2 jj1�0] i . 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=motioif`snail'preeede'disetss' oirbf.^a#gae'stioii. l00 Section: City Council Procedure No.: 5 Subject: City Council Rules of Procedure (Cont'd-Page 7) 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. 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 majority of members present and 1oi�ie': ti# be x passed^,et.•„ <i,., ,,eligible to ivote.;?N T1i:t' -•:�,e 1�1',`;,,ir g by a m}:;8 c�e _„pa' n+. }'y.�.^-"_°..,.kt..,..�,�.. ...�,..�r.7,,��. .,P.�. ,�`,;,....ta,,.�S!!� ":� n 7:•. ,6 iitet shah be.Ni1a iontiyii• ak:oa �a ,eaccaxc��;ucn tbginv � . a;- ,�'• '�i#� fin, !� Pr^�' N"' a_ ytx�xr�n �n t r+ga•^�,s�•aar ,t,.' 2++' a•`' ' �'t�bci�a�r �o��vot��� itli���th.®��Pre���� �si��.�� c� i' �� �: �'�n��Yi�' ��r.• ��:iie .4,t^,. .,.di»:¢` :rat"" Uz;€rr- .�.� l�-< "' �t=�.z ,,i' '�,..f•e,'=r.i,4_ •'-'I'A{,,,.,5, „�..:r',,:�.n°,�stx�..•,ca,l i,:U::=i1,:i� E K'J:::p1ae'e+dns tt ie, tgenc sul eque"n n�occasions"� `iess�pursuanta o b tu:'le.4<<a ,or 4(4 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. Discussion: Following"a :motion 4= the presiding officer Mayor shall call on �+�;'�3�"4;P'r` presiding ar.,,etc *-5 ' y_;, ,,r' Councilors for discussion ecor ding';t©yktlieit�.,.reguestst fo�;recc g�ifion" in voting order Once a Councilor has obtained the floor, he or she shall not be interrupted without leave of the Councilor except as provided by these rules. Each Councilor No Councilor shall speak for a ccoond time until each member has had the opportunity to speak once. Any 101 Section: City Council Procedure No.: 5 Subject: City Council Rules of Procedure (Cont'd-Page 8) Councilor may speak for a third and subsequent time after receiving approval 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. Tl i itti "I uiY ,,rt a be,=e p an Y c as t e o�n o ,tfi e M 1VNI c Ne limits arc placed on Ceuncil discussion prior to a motion. iv. Preservation of Order: The presiding officer Mayer shall preserver order and decorum, discourage personal attacks, and confine Council debate to the question under discussion. The presiding officer 1'vfiier 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 Mayor regarding a matter of order or procedure. The presiding 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 Mayor regarding procedure or preservation of order by calling for a point of order. The presiding officer Mayor 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. D"" Call Vote Require Meffind-o W ing: The vote on any question shall be taken vtiice»or by roll call Vefe. 11%e bti s all biv`,_rakeiYr-, r�o1L:call`'at i :3 Yir ti iri iifnthe IV yo`r ordot`t ierreq est t�f.any.Ctiunciyo'r: T .minutes.lisHa :? fleet#h vote cf'„eacti Council or b}%n:Aine. [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.] 102 Section: City Council Procedure No.: 5 Subject: City Council Rules of Procedure (Cont'd-Page 9) d. Abstention: Any Councilor may abstain from voting on a question, and the abstention decided pursuant to Rule s6(c), however, an:abstention'shall be•counted.with the prevailing - -'c ,➢,k. <. .: cidc. AU t i tionsF �'e: ic ira a or- te: u pn es II uI ( a 'i� au t ` o pih". t;,.e^.,st•r.,,;.,-,,._.;w,,..,w.. ..,a. �,,.a�A:_"°:_�• �'t,'�'+..;,'.�i;xy;.; i:C"`.' 'a$, �i �r} """�,�fL,,,�icr��,"-'ry shad ui be`coi ile d.L r :. eta i �o� irk ian i r ,� bn ie?t o est .C:•E':` :i:�:'ti��'":.'1'»'" �":3:, r,..-_s„„_..f;..,,;;s_.,..i s.<-A=�y?wy' i�•i"�-" � "n:�4mr c,L,sfi . .,+r,�,s•° �,.:.,_ a^n=>-..:�i fr:c $fir,M=7 'fbelov ' 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-parte contact shall include identification of the party and disclosure of the nature of the communication. 103 Section: City Council Procedure No.: 5 Subject: City Council Rules of Procedure (Cont'd-Page 10) 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 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.] M:\Reso\01-02-ExtA-CouncilProcedures.doc 1 (; Q 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 postpone No 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" *Adjourn the meeting "I 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 to personal affront Chair decides 105 Section: City Council Procedure No.: 5 Subject: City Council Rules of Procedure (Cont'd-Page 12) MAY YOU MUST YOU IS THE INTERRUPT BE MOTION VOTE TO DO THIS YOU SAY THIS SPEAKER? SECONDED? DEBATABLE? REQUIRED *Request information "Point of Information" Yes No No No vote *Object to considering" I object to Yes No No 2/3 vote some matter consideration of this" *Reconsider something "I move we reconsider Yes Yes Yes Majority already disposed of action on..." *Consider something "I move we suspend No 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 M:\Reso01-02-ExhA-CouncilProcedures.doc 106