Loading...
HomeMy WebLinkAboutOrdinance 268AN ORDINANCE AMENDING ARTICLE 2 -10 OF THE SARATOGA CITY CODE CONCERNING CITY COUNCIL PROCEDURES THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings ORDINANCE NO. 268 A. In order to promote public participation in City decision making, it is in the public interest to have clear and understandable rules of procedure for meetings of the City Council and City Commissions. B. The City Code currently requires use of Roberts Rules of Order for all matters of parliamentary law. While these rules can be very effective for governing large assemblies, they are not tailored to local government proceedings. C. In light of recent research on effective meeting procedures and public participation it is appropriate for the City Code to provide the City with flexibility to adopt rules of procedure suited to current circumstances. D. This ordinance would replace the requirement for use of Roberts Rules of Order with a requirement allowing the City Council to adopt rules of procedure by resolution and would make other amendments to the City Code to streamline and clarify procedures for addressing the City Council. E. On April 15, 2009, the City Council conducted a public hearing at which all interested persons had an opportunity to be heard to consider the amendments that follow. SECTION 2. Adoption. A. The Saratoga City Code is hereby amended by adding the text shown in bold italics (example) and deleting the text shown in strikeout (example) in the sections listed below: 2- 10.120 Rules of debate. The following rules shall be observed in debate in the City Council: (a) Getting the floor. Every Council member desiring to speak shall address the chair, and upon recognition by the presiding officer, shall confine all remarks to the question under debate. (b) Interruptions. A Council member, once recognized, shall not be interrupted when speaking unless it be on a point of order or as otherwise provided in this Article. If a point of order is raised while a Council member is speaking, the Council member shall cease speaking until the question of order is determined and, if in order, the Council member shall be permitted to proceed. (c) Closing debate. Debate on any matter may be closed upon motion adopted by a majority of Council members present at the meeting. (d) Rules of order. Except as otherwise provided in this Article, proceedings of the City Council shall be governed under Robert's Rules of Order on all matters pertaining to parliamentary law procedures adopted by a resolution of the City Council and on file in the office of the City Clerk. No action of the City Council shall be invalidated nor the legality thereto affected by the failure or omission to observe or follow the rules of debate or Robert's other procedures as provided in this Section. 2- 10.130 Communications to City Council. (a) Any person desiring to address the City Council at a City Council meeting shall first secure the permission of the presiding officer; provided, that under the following headings of business, unless the presiding officer rules otherwise, any qualified and interested person shall have the right to address the City Council upon obtaining recognition by the presiding officer: (1) Regular and adjourned regular meetings. a. Written communications. Members of the public may address the City Council by written are furnished to ch Council member present, such written communications nccd not be read aloud at the meeting unless so ordered by a majority vote of the City Council. b. Oral communications. 1- Agendized items. Members of the public may address the City Council by oral communication subject to any time limits set pursuant to Section 2- 10.080(b)(3), on any item on the agenda, before or during consideration of that item. 2 (2) Nonagendized items. Members of the public may address the City Council by oral communication subject to any time limits set pursuant to Section 2- 10.080(b)(3), on any nonagendized matter within the subject matter jurisdiction of the City Council, that is, over which the City Council has control; provided, that preference shall be given to City Clerk in advance of their desire to speak. 3- (3) Public hearings. Members of the public may address the City Council, subject to any time limits set pursuant to Section 2- 10.080(b)(3), relating to the matter which is the subject of the public hearing, provided that once the public hearing has closed, the public may no longer address the City Council on that matter unless the City Council reopens the public hearing. (2) Special mcctings. Members of the public may address thc City Council at a special meeting by oral communication subjcct to any timc limits sct pursuant to Section 2 10.080(b)(3), only on itcms agcndized for that meeting, unless otherwise permitted by a majority vote of the City Council. (b) Each person addressing thc City Council shall stand and give his namc and address in an audible tone of voice for the record, and shall speak into thc microphone provided at all times that the electronic public address system is in operation. All remarks shall be addressed to the City Council as a body and not to any individual member thereof. No person, other than the City Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council without the permission of the presiding officer. (c) The following rules shall be applicable to written communications to the City Council: (1) Written communications to the City Council shall be distributed to the City Council at or prior to the next regular City Council meeting following receipt of the communication by the City Clerk except that written communications pertaining to a matter to be considered at a meeting other than a regular meeting shall be distributed to the City Council at or prior to that meeting. Written communications received by the City Clerk after 5:00 p.m. on the day of a City Council meeting are not required to be distributed at that meeting unless ten copies are delivered to the City Clerk at the meeting. Copies of SECTION 3. Severance Clause. SECTION 4. Publication. written communications distributed to the Council shall be available for public review in the office of the City Clerk. particular matter for City Council discussion shall be r d by the Council at the time of such discussion rather than under the agenda item of "written communications." (2) Written communications from the City staff shall not be read aloud unless requested by the writer or any a Council member. (3) Anonymous communications shall not be reud. (1) The presiding officer shall not permit any communication, written or oral, to be made or read where it discussion. (5) After a motion is made by a Council member, no person s hall address the Council without first securing the permission of the Council to do so. The City Council declares that each section, sub section, paragraph, sub paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub section, sentence, clause and phrase of this ordinance. If any section, sub- section, paragraph, sub paragraph, sentence, clause and phrase are held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. [Continued next page] The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 15th day of April, 2009, and was adopted by the following vote following a second reading on the 6th day of May, 2009: AYES: Councilmember Susie Nagpal, Howard Miller, Jill Hunter, Vice Mayor Kathleen King, Mayor Chuck Page NAYS: None ABSENT: None ABSTAIN: None ATTEST: A LLIVAN, CITY CLERK t CK PAGE, MAY CITY OF SARATOGA APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY MA CITY OF SARATOGA