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HomeMy WebLinkAbout13-061 Resolution Amending City Council Norms of OperationRESOLUTION 13 -061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE CITY COUNCIL POLICY PERTAINING TO NORMS OF OPERATION WHEREAS, the City Council adopted a policy establishing Norms of Operation for City Council in 2004 through City Council Resolution 04 -007; and WHEREAS, the Norms of Operation were amended in June 2007 through Resolution 07 -075 to establish a policy for City sanctioning of a conununity event; and WHEREAS, in 2008, the City Council amended the Norms of Operation through Resolution 08 -069 to require that the City Council Reorganization during Election years take place on the Tuesday immediately preceding the first regular meeting of December; and WHEREAS, the Norms of Operation were amended in 2009 to establish the Saratoga Rules of Parliamentary Procedure via Resolution 09 -024; and WHEREAS, the Norms of Operation were amended again in 2012 to allow the Reorganization during Election years to occur during a regular meeting if desired; and NOW, THEREFORE, be it resolved that the City Council of the City of Saratoga hereby amends the Policy Pertaining to Norms of Operations for City Council, adopted January 21, 2004 and amended June 20, 2007, November 5, 2008, May 6, 2009, and October 17, 2012, as shown in Attachment A (words shown in strikeout [example] are deleted and words shown in bold italics [example] are inserted). Attachments: City of Saratoga City Council Norms of Operation The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 21s' day of August 2013 by the following vote: AYES: Council Member Chuck Page, Manny Cappello, Howard Miller, Vice Mayor Emily Lo, Mayor Jill Hunter NOES: None ABSENT: None ABSTAIN: None Jill Hunter, Mayor ATTEST: OA,,�J o DATE: 0 C st 1 Bothelio, City Clerk CITY OF SARATOGA CITY COUNCIL NORMS OF OPERATION (Updated Aitgust 21, 2013) Section 1. OPERATION OF CITY COUNCIL MEETINGS A. City Council Meetings shall be run following the outline listed in Section 6.B. of this document. Each item shall be introduced by the Mayor and heard in accordance with the Rules of Parliamentary Procedure attached hereto as Exhibit A. B. The Mayor may place an item anywhere on the agenda. Two City Council members may place an item on the agenda. C. A single City Council Member may place on item on the agenda under City Council Member Items. Items under this manner shall have a limited staff report, if appropriate. No significant resources (more than three hours of staff time) shall be used by staff until the Council gives direction on the item. The Mayor shall determine when three hours of effort has been utilized. D. If an item appears again in a future Council meeting, it shall be heard under Old Business. Items placed under public hearings shall only be those that are defined by law as requiring a special notice and a public hearing or those called by City Council on its own volition. E. In order to ensure that all members of the public have an opportunity to speak and that the Council is able to complete its business, there will be a three- minute limitation on coirunents by the public except for applicants and appellants at public hearings or as otherwise provided bylaw. In order to effectively enforce this rule, the City Clerk will monitor the time for each speaker with an electronic timer. The timer will beep at the one - minute remaining point, and again at the three- minute point. If there are more than twenty (20) identified speakers for one item at the beginning of the public continent period or public hearing, the Mayor may adjust the three - minute time down to two minutes per speaker. F. Closed sessions of the City Council shall generally be conducted prior to the 7:00 p.m. business portion of regular meetings. If necessary, Closed Sessions not completed prior to the 7:00 p.m. business portion will be considered at the conclusion of the business portion of the meeting, or as otherwise determined by the City Council. Special Council Meeting may be called by the Mayor with proper public notice. G. Members of Council should not engage in debate with a member of the public or Staff at Council meetings since these debates seldom resolve concerns and many times inflame feelings at a public meeting. Any concerns by a member of Council over the behavior or work of a City employee during a Council meeting should be directed to the City Manager privately to ensure the concern is resolved. H. Prior to the close of the public hearing or comment period Councilmembers may ask questions of anyone in the audience. The public hearing and comment period are the times for Council to receive evidence. Once the hearing or comment period is closed, the Council deliberates based on that evidence. While Council may elect to re -open a hearing or comment period (assume no prejudice to the rights of an applicant or appellant) it should make every effort to get all the information it needs while the hearing or con-unent period is still open. If the Council asks questions after the final presentation of the applicant /appellant in a permit - related hearing the Council would need to provide the applicant /appellant with an opportunity to rebut the answers to the questions. While these rules need not apply as strictly to hearings where due process is less of an issue (i.e., an ordinance amendment) a uniform set of rules for all public hearings and comment periods is desirable. The Mayor may, with Council concurrence, schedule Council review of agenda items out of their prescribed order on the printed agenda if a large number of the public are present to speak on agenda item. J. Persons in the audience will refrain from behavior which will disrupt the public meeting. This will include making loud noises, clapping, shouting, booing, hissing or engaging in any other activity in a manner that disturbs, disrupts or impedes the orderly conduct of the meeting Persons in the audience will refrain from creating, provoking or participating in any type of disturbance involving unwelcome physical contact. Persons in the audience will refrain from using cellular phones and /or pagers while the meeting is in session. Appropriate attire, including shoes and shirts, are required in the Council Chambers and other Council meeting rooms at all times. Persons in the audience will not place their feet on the seats in front of them. No food, drink (other than bottled water with a cap), or chewing gum will be allowed in the Council Chambers and other Cohuhcil meeting rooms, except as otherwise pre - approved by City staff. All persons entering the Council Chambers and other Council meeting rooms, including their bags, purses, briefcases and similar belongings, may be subject to search for weapons and other dangerous materials. Section 2. CITY COUNCIL RELATIONS WITH CITY STAFF A. There shall be mutual respect from both Staff and Councilmembers of their respective roles and responsibilities when and if expressing criticism in public session. B. City Staff shall acknowledge the Council as policy makers and the City Council shall acknowledge Staff as administering the Council's policies. C. All written requests for information or questions by City Councilmembers to Staff shall be directed to the City Manager, City Attorney, City Clerk, or Department Managers (wit h a copy to the City Manager). All complaints should be submitted to the City Manager or, if a complaint concerns the City Manager, to the City Attorney. D. All written informational material requested by individual Councilmembers shall be submitted by Staff to all Councilmembers with the notation indicating which Councilmember requested the information. E. Council shall not attempt to coerce Staff in the making of appointments, the awarding of contracts, the selection of consultants, the processing of development applications, the granting of City licenses or permits. The Council shall not attempt to change or interfere with the operating policies and practices of any City department. F. Mail that is addressed to the Mayor and City Council shall be circulated by the City Clerk to the City Comicil with a comient as to which Staff person will be assisting the Mayor in preparing a response. The Mayor's response, in addition to the original conununication, will be submitted to the City Council for their information. G. The City Clerk shall not open mail addressed to an individual Councilmember unless requested to do so by the Councilmember. H. Individual Councilmembers shall not direct Staff to initiate any action or prepare any report that is significant in nature or initiate any project or study. All such direction shall be provided by the City Manager or by action of a majority of the City Council at a City Council meeting. Councilmembers may ask for limited resources and information for items that are on an agenda as long as any information is distributed to all City Councilmembers Section 3. CITY COUNCIL AND COMMISSION RELATIONSHIP AND RELATIONSHIPS WITH OTHER CITY COMMISSIONS AND OTHER BODIES A. Members of the City Council should not attempt to influence or publicly criticize commission reconunendations, or to influence or lobby individual commission members on any item under their consideration. It is important for commissions to be able to make objective recommendations to the City Council on items before them. Members of Council that attempt to strongly influence commission positions on an item may prejudice or hinder their role in reviewing the cominission's recommendation as a member of the City Council. B. Individual Councilmembers and Cormrissioners shall have the right to attend meetings of other governmental bodies but shall refrain from speaking or becoming involved in the meeting's discussions. If asked a question, the Councilmember person or Commissioner should indicate that he /she can only provide a personal opinion and does not speak for the Council or Commission as a whole. C. If a member of the City Council or a Commission appears before another governmental agency or organization except as a member of outside agency appointed by the City Council to give a statement on an issue affecting the City, the Councilmember or Commissioner should first indicate the majority position and opinion of the Council or Commission (if any). Personal opinions and continents may be expressed only if the Councilmember or Commissioner clarifies that these statements do not represent the position of the City Council or Commission. Section 4. CITY COUNCIL HANDLING OF LITIGATION AND OTHER CONFIDENTIAL INFORMATION A. City Councilmembers shall keep all written materials and verbal information provided to them on matters that are confidential tinder State law in complete confidence to insure that the City's position is not compromised. No disclosure or mention of information in these materials shall be made to anyone other than Councilmembers, the City Attorney or City Manager. B. All negotiations and other contacts concerning matters that have come before the City Council in closed session (including, but not limited to, property acquisition or disposal, a pending claims or litigation, and /or employee negotiations) with the other party and /or party's agents or other representatives shall be limited to, and made by, the designated City staff representative handling the negotiations, claim or litigation unless the City Council has directed that a specific Council member to assist staff in negotiations. Except as authorized above, no Councilmember who has participated in any closed session shall have any contact or discussion with the other party or its agents or representatives concerning the matter tinder consideration except during public meetings of the City Council. All public statements, information and press releases shall be handled exclusively by the City's designated spokesperson. Section 5. BUSINESS OF THE CITY COUNCIL A. Seating Arrangement of the City Council — The Mayor shall be seated on the left of the five members of the City Council. The Vice Mayor shall be seated to the right of the Mayor. The Councilmember with the most seniority shall be seated to the right of the Vice Mayor and the remaining Councilmember shall be seated to the right of the most senior Council member. The outgoing Mayor shall be seated to the far right of the Vice Mayor. When there is no outgoing Mayor the remaining Councilmembers shall be seated based upon length of service on the City Council with the most senior member seated to the right of the Mayor. In the case of members having been elected at the same time, seniority shall be determined by the number of votes received at the election. The highest vote getter shall be considered senior and so on. The City Clerk shall arrange nameplates at the Council dais at all Council meetings to assure this seating arrangement is followed. B. City Council Reorganization — The City Council Reorganization shall be held at the beginning of the first regular meeting of December tmless the City Council calls and holds a special meeting on the Tuesday immediately preceding the first regular meeting of December. The floor shall be open to nominations for the purpose of electing a Mayor and Vice Mayor to serve for the following year. Such elections shall be made by majority vote of the Council members present at the meeting. The Mayor and Vice Mayor shall assume the duties of their respective offices immediately upon election. The Mayor and Vice Mayor shall serve a one -year term at the pleasure of the Council. In election years the date of the special meeting referenced above may be changed by the City Clerk as necessary to ensure compliance with State election laws. 4 C. Mayor and Council Roles — The Mayor shall act as the primary spokesperson and official representative of the City Council, unless such responsibility is delegated by the Mayor, or otherwise assigned by a majority vote of the City Council. The Mayor shall preside at all regular, adjourned, and special meetings of the City Council, including joint meetings with commissions and closed sessions. The Mayor shall execute all official City documents, warrants and correspondence approved by City Council. The Mayor shall serve as the primary contact for the City Manager to provide direction and advice regarding routine planning and operational issues (i.e. meeting schedules, dispositions of correspondences, etc.) Nothing in this section is intended to suggest that the position of Mayor wields formal power or authority in excess of the other members of the City Council. Rather, the person serving as Mayor is to be recognized as the leader of the Council, or first among equals. The Vice Mayor shall serve and perform the functions as Mayor in the absence of the duly elected Mayor. D. Council Committee /Agency Assi ru�rg rents Every December immediately following the City Council reorganization the Mayor shall annoluice that new appointments for Committee /Agency Assignments are necessary. A list of committee /agency assignments shall be given to each Councilmember and each Councilmember shall provide the City Clerk with a list of the Committee /Agency Assignments in which the Councilmember is interested. The Mayor shall propose appointments for Council approval at the City Council meeting immediately following the reorganization. E. Ex Parte Communications An Ex Parte Communication occurs when a Council member receives information from a member of the public outside of a public meeting concerning a matter to be heard by the City Council. Ex Parte communications are an inherent part of the City of Saratoga's commitment to allowing City residents ample opportunity to consult with elected officials both inside and outside of public meetings. At the same time, the City is committed to the principle that the business of the public should be conducted in public, to ensure that citizens are afforded the opportunity to participate in the making of decisions that affect their lives, and the means to evaluate choices made by the City and its officers. Where a City Councilmember has received information outside of a public meeting that the Councilmember believes has a bearing on the decision and that is not reflected in the staff report presented to the Council and the public, the Councilmember should provide that information to the rest of the Council and the public following the staff report and prior to beginning of public testimony on the matter. This will allow the public and other members of the Council to consider the information in forming their views on the decision at hand. In addition, persons affected by the decision will also have the opportunity to know the evidence on which the decision is to be based and have an opportunity to comment on it and, if need be, to rebut it. This approach allows all members of the public access to elected officials and to the rationale for decisions made by those officials. F. Issuing Proclamations and Commendations A proclamation is prepared at the discretion of the Mayor to proclaim a specific date or event. Proclamations are prepared for signature by the Mayor. They may be presented at a City Council meeting or at an event or meeting outside the City Council meeting. A commendation is prepared at the discretion of the Mayor. A commendation may be issued for accomplishments such as: • Athletic /academic accomplislunents • Act of heroism • Youth Accomplishments • A Community Organization's Citizen of the Year • A Community Organization's Business Person of the year • Outgoing elected officials • Outgoing City Commissioners Commendations are prepared for signature by the Mayor. They may be presented at a City Council meeting or at an event or meeting outside the City Council meeting. MW . - MKONNINWHE I =0 - I .- INS R-MUN - .- MW . - MKONNINWHE �:e�ee:�ye!ss r.-T F'. .: Section 6. RULES OF ORDER AND PROCEDURE FOR CITY COUNCIL MEETINGS A. Time of Meetings Regular meetings of the City Council shall be held on the first and third Wednesday of each month in the Civic Theater commencing at 7:00 p.m. Special meetings shall be held as necessary and convenient on the second or fourth Tuesday of the month commencing at 7:00 p.m. or at such other time as may be necessary or convenient. B. Order of Agenda The following is the usual order of agenda items for regular Council meetings. The Mayor with the concurrence of Council can change the order in which items on the agenda are heard. • Open Session — The Mayor opens the meeting in the Administration Conference Room at City Hall, to allow the public an opportunity to comment on closed session items before the Council adjourns to Closed Session, as required by law. Commission interviews are also done at this time. • Joint Meeting with City Commissions — Reserved time for Commission members to meet with the City Council for their yearly update. • Closed Session — Immediately following open session, the Council adjourns to closed session in the Administration Conference Room at City Hall. Start times may vary depending on volume of closed session items and the estimated time required to conduct the closed session. The items are listed on the agenda as required by law; however this meeting is not open to the public. • Mayor's Report on Closed Session — The Mayor is required to announce any action taken during closed session before reconvening to the open session of the regular meeting. • Call to Order — the Mayor calls the regular meeting to order. • Pledge of Allegiance - The Mayor may lead or call upon a member of the public or staff to lead the pledge. • Roll Call — A quorum constituting 3 of the 5 members of the Council is required to conduct any Council meeting. The City Clerk calls the roll. • Report of Posting of the Agenda — The City Clerk reports on the posting of the agenda as required by law. • Oral Communications — During this portion, any persons who wish to address the City Council on a subject not on the agenda may do so. Oral communications are not intended as the means for debate or decision - making, but only for making a presentation in person. Comment shall be limited to three minutes for members of the public who wish to speak • Communications from City Commissions — Reserved time for Commission Chairs, or designated representative, to report information to the City Council or request direction. • Council Direction to Staff — Reserved time for the City Council to request follow up on Oral /Commission Communications. • Announcements - Reserved time for the Mayor to make special announcements. • Ceremonial Items —These items include presentation of proclamations, commendations, appointments, administration of Oath of Office and special introductions. • Special Presentations — reserved time for groups, agencies, persons to speak to the Council on special items. • Consent Calendar —These items are routine and non - controversial items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Councilmember. Any member of the public may speak to an item on the Consent Calendar, or request the Mayor remove an item for discussion. Resolutions concerning decisions made at previous meetings are for the purpose of memorializing the decision to assure the accuracy of the findings, the prior vote, and any conditions imposed. • Public Hearings — There are two kinds of public hearings, those required by law and those called by the City Council of its own volition. In either event, the purpose is to provide an opportunity for all interested persons to be heard. Applicants /Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may continent on any item for up to three minutes. Applicant /Appellants and their representatives have a total of five minutes maximum for closing statements • Old Business — These are general items, which have been considered by the Council at a previous meeting. • New Business — These are general items, which have not been previously considered by the Council. • Council Reports on Committees— Provides members of the Council an opportunity to report on agency /commission assignments. • City Councilmember Items — Provides members of the Council an opportunity to introduce discussion/action on items not currently before the Council for consideration. • City Manager Items — City Manager or City Attorney may bring up other items of interest or make announcements under this section. • Adjournment —The Mayor may adjourn the meeting to a date specific. If no date specific is announced, the next meeting will be the next regularly scheduled Council meeting. C. Disruptive Comments and /or Conduct No person who addresses the Council shall make any belligerent, personal, impertinent, irrelevant, redundant, slanderous, loud, threatening, abusive or disparaging remark, statement or commentary toward the Council, staff or other individuals in a manner which disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting, nor shall any such person engage in any other disorderly conduct which so disrupts, disturbs or impedes the orderly conduct of the meeting. Any violation of this rule shall be grotuids for terminating the person's comment period. Continued inappropriate behavior or continents, after having been directed to discontinue, also shall be grounds for removal from the meeting. Council shall not be belligerent or make disparaging commentary toward the speaker. Nothing in this section shall prohibit or discourage orderly criticism of any City decision or policy within the limits of these i Liles. If a member of the public fails to follow these rules after being warned once, the Council may bar that individual from further testimony for the evening or remove the person from the meeting. CITY OF SARATOGA RULES OF PARLIAMENTARY PROCEDURE' Saratoga's rules of parliamentary procedure are supported by the following four principles: 1. Rules should establish order. The first purpose of the rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings. 2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate and those who do not fully understand and do not fully participate. 3. Rules should be user - friendly. That is, the rules must be simple enough that citizens feel they have been able to participate in the process. 4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of the rules of procedure is to encourage discussion and to facilitate decision - making by the body. In a democracy, the majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself (but not dominate) and fully participate in the process. The Chairperson Should Take a Back Seat During Discussions While all members of the governing body should know and understand the rules of parliamentary procedure, it is the chairperson (chair) who is charged with applying the rules of conduct. The chair should be well versed in those rules, because the chair, for all intents and purposes, makes the final ruling on the rules. In fact, all decisions by the chair are final unless overruled by the governing body itself. Because the chair conducts the meeting, it is common courtesy for the chair to take a less active role than other members of the body in debates and discussions. This does not mean that the chair should not participate in the debate or discussion. On the contrary, as a member of the body, the chair has full rights to participate in debates, discussions and decision - making. The chair should, however, strive to be the last to speak at the discussion and debate stage, and should not make or second a motion unless he or she is convinced that no other member of the body will do so. The Basic Format for an Agenda Item Discussion All City Council and Commission meetings have a written, published agenda. The meeting is governed by the agenda and the agenda constitutes the agreed -upon road map for the meeting. Each agenda item should be handled by the chair in the following basic format. ` These rules of parliamentary procedure are based on "Rosenberg's Rules of Order: Simple Parliamentary Procedures for the 21 st Century" written by Dave Rosenberg and published by the League of California Cities in 2003. The procedures set forth in Rosenberg's have been modified slightly to reflect custom, practice, and specific code requirements in Saratoga. While these rules have been drafted to conform to requirements of State law and the Saratoga City Code, in the event of a conflict between these procedures and those laws, the laws shall govern. First, the chair should clearly announce the agenda item number and should clearly state what the subject is. The chair should then announce the format that will be followed. If any member of the body has a conflict of interest, that member announces the conflict and need for recusal and leaves the dais at this time. Second, following that agenda format, the chair should invite the appropriate people to report on the item, including any recommendation they might have. The appropriate person may be the chair, a member of the governing body, a staff person, or a committee chair charged with providing information about the agenda item. Third, the chair should ask members of the body if they have any technical questions for clarification. At this point, members of the governing body may ask clarifying questions to the people who reported on the item, and they should be given time to respond. Fourth, the chair should invite public comments or, if appropriate at a formal public hearing, open the hearing. Speakers are typically limited to 3 minutes; shorter time limits may be imposed if numerous members of the public indicate a desire to speak to the subject. At the conclusion of the public comments, the chair should announce that public input has concluded (or that the public hearing, as the case may be, is closed). Fifth, the chair should invite members of the body to make remarks on the matter. This is an opportunity for members of the body to state their views on the subject before any formal motions are made. Sixth, the chair should invite a motion from the governing body members. The chair should announce the name of the member who makes the motion. Seventh, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member who seconds the motion. It is normally good practice for a motion to require a second before proceeding with it, to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and a vote on the motion even when there is no second. This is a matter left to the discretion of the chair. Eighth, if the motion is made and seconded, the chair should make sure everyone understands the motion. This is done in one of three ways: The chair can ask the maker of the motion to repeat it; 2. The chair can repeat the motion; or The chair can ask the secretary or the clerk of the body to repeat the motion. Ninth, the chair should now invite discussion of the motion by the members of the governing body. If there is no desired discussion or the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or a very brief discussion, the vote should proceed immediately, and there is no need to repeat the motion. If there has been substantial discussion, it is normally best to make sure everyone understands the motion by repeating it. Tenth, the chair takes a vote. Simply asking for the "ayes" and then the "nays" is normally sufficient. If members of the body do not vote, then they "abstain." Unless specific laws or procedures provide otherwise, a simple majority determines whether the motion passes or is defeated. Eleventh, the chair should announce the result of the vote and should announce what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members, if any, who voted in the minority on the motion. This announcement might take the following form: "The motion passes by a vote of 3 -2, with Smith and Jones dissenting. We have passed the motion requiring 10 days' notice for all future meetings of this governing body." Motions in General Motions are the vehicles for decisionmaking. It is usually best to have a motion before the governing body prior to discussing an agenda item, to help everyone focus on the motion before them. The chair usually initiates the motion by: 1. Inviting the members to make a motion: "A motion at this time would be in order." 2. Suggesting a motion to the members, for example: "A motion would be in order that we give 10 -days' notice in the future for all our meetings." 3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but normally should do so only if he or she wishes a motion to be made but no other member seems willing to do so. The Three Basic Motions Three motions are the most common: 4. The basic motion. The basic motion is the one that puts forward a decision for consideration. A basic motion might be: "I move that we create a five - member committee to plan and put on our annual fundraiser." 5. The motion to amend. If a member wants to change a basic motion that is under discussion, he or she would move to amend it. A motion to amend might be: "I move that we amend the motion to have a 10- member committee." A motion to amend takes the basic motion that is before the body and seeks to change it in some way. 6. The substitute motion. If a member wants to completely do away with the basic motion under discussion and put a new motion before the governing body, he or she would "move a substitute motion." A substitute motion might be: "I move a substitute motion that we cancel the annual fundraiser this year." Motions to amend and substitute motions are often confused. But they are quite different, and so is their effect, if passed. A motion to amend seeks to retain the basic motion on the floor, but to modify it in some way. A substitute motion seeks to throw out the basic motion on the floor and substitute a new and different motion for it. The decision as to whether a motion is really a motion to amend or a substitute motion is left to the chair. So that if a member makes what that member calls a motion to amend, but the chair determines it is really a substitute motion, the chair's designation governs. When Multiple Motions Are Before The Governing Body Up to three motions may be on the floor simultaneously. The chair may reject a fourth motion until the three that are on the floor have been resolved. When two or three motions are on the floor (after motions and seconds) at the same time, the first vote should be on the last motion made. So, for example, assume the first motion is a basic "motion to have a five- member committee to plan and put on our annual fundraiser." During the discussion of this motion, a member might make a second motion to "amend the main motion to have a 10- member committee, not a five- member committee, to plan and put on our annual fundraiser." And perhaps, during that discussion, a member makes yet a third motion as a "substitute motion that we not have an annual fundraiser this year." The proper procedure would be as follows. First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passes, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be complete. No vote would be taken on the first or second motions. On the other hand, if the substitute motion (the third motion) failed, the chair would proceed to consideration of the second (now the last) motion on the floor, the motion to amend. If the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would now move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would now move to consider the main motion (the first motion) in its original format, not amended. Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five- member committee) or, if amended, would be in its amended format (10- member committee). And the question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. To Debate or Not to Debate The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion): A motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. This motion requires a simple majority vote. A motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess, which may range from a few minutes to an hour. It requires a simple majority vote. A motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: "I move we adjourn this meeting at midnight." It requires a simple majority vote. A motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on "hold." The motion may contain a specific time in which the item can come back to the body: "I move we table this item until our regular meeting in October." Or the motion may contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote. A motion to limit debate. The most common form of this motion is to say: "I move the previous question" or "I move the question" or "I call for the question." When a member of the body makes such a motion, the member is really saying: "I've had enough debate. Let's get on with the vote." When such a motion is made, the chair should ask for a second to the motion, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two- thirds vote of the body. Note that a motion to limit debate could include a time limit. For example: "I move we limit debate on this agenda item to 15 minutes." Even in this format, the motion to limit debate requires a two- thirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two - thirds vote. Majority and Super- Majority Votes In a democracy, decisions are made with a simple majority vote. A tie vote means the motion fails. So in a five- member body, a vote of 3 -2 passes the motion. A vote of 2 -2 with one abstention means the motion fails. If one member is absent or recused and the vote is 2 -2, the motion still fails. All motions require a simple majority, but there are a few exceptions. The exceptions occur when the body is taking an action that effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two - thirds majority (a super - majority) to pass: Motion to limit debate. Whether a member says, "I move the previous question," "I move the question," "I call for the question" or "I move to limit debate," it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two - thirds vote to pass. Motion to close nominations. When choosing officers of the body, such as the chair, nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers, and it requires a two- thirds vote to pass. Motion to object to the consideration of a question. Normally, such a motion is unnecessary, because the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two - thirds vote to pass. Motion to suspend the rules. This motion is debatable, but requires a two - thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non -club members. A motion to suspend the rules would be in order to allow a non -club member to attend a meeting of the club on a particular date or on a particular agenda item. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself: the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to reconsider is made. The standards for reconsideration are set forth in the City Code. Courtesy and Decorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. And at the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focus on the item and the policy in question, not on the personalities of the members of the body. Debate on policy is healthy; debate on personalities is not. The chair has the right to cut off discussion that is too personal, too loud or too crude. Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is no. There are, however, exceptions. A speaker may be interrupted for the following reasons: Privilege. The proper interruption would be: "Point of privilege." The chair would then ask the interrupter to "state your point." Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person's ability to hear. Order. The proper interruption would be: "Point of order." Again, the chair would ask the interrupter to "state your point." Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting; for example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed. Call for orders of the day. This is simply another way of saying, "Let's return to the agenda." If a member believes that the body has drifted from the agreed -upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair's determination may be appealed. Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. Special Notes About Public Input The rules outlined here help make meetings very public - friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: Rule One: Tell the public what the body will be doing. Rule Two: Keep the public informed while the body is doing it. Rule Three: When the body has acted, tell the public what the body did. Public input is essential to a healthy democracy, and community participation in public meetings is an important element of that input. The challenge for anyone chairing a public meeting is to accommodate public input in a timely and time - sensitive way, while maintaining steady progress through the agenda items. The rules presented here for conducting a meeting are offered as tools for effective leadership and as a means of developing sound public policy. P•\ SARATOGA \RESOLUTI\Rosenberg'sRules of Order2ndReading050609 (04- 23- 09).doc