HomeMy WebLinkAboutCity Council Resolution 23-007, Amending the City Council Norms of OperationResolution 23-007
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CITY OF SARATOGA
CITY COUNCIL NORMS OF OPERATION
(Updated via Resolution 23-007, February 1, 2023)
Section 1. OPERATION OF CITY COUNCIL MEETINGS
A. City Council Meetings shall be conducted following the outline listed in Section 7.B. of these
Norms. Each item shall be introduced by the Mayor and heard in accordance with the Rules
of Parliamentary Procedure attached hereto as Exhibit A. The Mayor may place an item
anywhere on the agenda. During Council Items at a Regular Meeting, two City Council
Members may request an item be placed on a future agenda.
B. 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 comments
by the public except for applicants and appellants at public hearings or as otherwise provided
by law. In order to effectively enforce this rule, the City Clerk will monitor the time for each
speaker with an electronic timer. If there are more than twenty (20) identified speakers for
one item at the beginning of the public comment period or public hearing, the Mayor may
adjust the three-minute time down to two minutes per speaker or less if approved by the City
Council.
C. 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 approved by the City Council.
D. A Special Council Meeting may be called by the Mayor with proper public notice.
E. 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.
F. Prior to the close of the public hearing or comment period Council Members 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 comment 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.
G. The Mayor may, with Council concurrence, call for Council consideration of agenda items
out of their prescribed order on the printed agenda.
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Section 2. MEETING DECORUM
A. 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
is allowed in the Council Chambers and other Council 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.
B. Persons in the audience shall be respectful of others and will refrain from behavior which
will disrupt the public meeting. This includes refraining from:
- Using electronic devices except in connection with the meeting;
- Making loud noises, clapping, shouting, booing, hissing during public testimony and
Council consideration of policy matters;
- Engaging in any activity in a manner that disturbs, disrupts or impedes the orderly
conduct of the meeting; and
- Creating, provoking or participating in any type of disturbance involving unwelcome
physical contact.
C. Interactions between the public and the Council shall be courteous and respectful. 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. Any violation of
this rule shall be grounds for terminating the person’s comment period. 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 rules. 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.
D. The City Council uses computers at the dais for agenda materials. Council Members should
limit their use of computers to matters pertaining to the meeting and comply with the City’s
Electronic Communications Policy (for example, no e-mailing or other communication
during the meeting except in cases of family emergencies). In using computers at the dais
Council Members should be respectful of their fellow Council members, staff, and the
public. Council Members should not base decisions on information acquired through the
internet during a Council meeting unless the information and its source is shared with the
entire Council and the public as part of the meeting before the decision is made.
E. Members of the public wishing to make a slide presentation as part of their comments to the
City Council must provide the file to the City Clerk’s office at least 24 hours prior to the
meeting in a format compatible with the City’s projection system (details on these
requirements are available from the City Clerk’s office). Failure to comply will result in
the presentation being rejected. All presentations must comply with the time limits
applicable to the agenda item.
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F. All materials presented to the City Council, including written materials are public records
subject to inspection in accordance with applicable laws.
Section 3. CITY COUNCIL RELATIONS WITH CITY STAFF
A. There shall be mutual respect from both staff and Council Members 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 Council Members to staff shall be
directed to the City Manager, City Attorney, City Clerk, or Department Managers (with 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 Council Members shall be
submitted by staff to all Council Members with the notation indicating which Council
Member 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, including email, that is addressed to the Mayor and City Council shall be circulated by
the City Clerk to the City Council. If the communication warrants a response, the Mayor's
response, in addition to the original communication, will be submitted to the City Council
for their information.
G. The City Clerk shall open mail addressed to all Council Members unless requested not to do
so.
H. Individual Council Members 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. Council Members may ask for limited resources and information for items that are
on an agenda as long as any information is distributed to all City Council Members.
Section 4. CITY COUNCIL AND COMMISSION RELATIONSHIP, INTERACTIONS WITH
OTHER CITY OF SARATOGA BODIES, AND RELATIONSHIPS WITH OTHER
BODIES OUTSIDE OF SARATOGA
A. Members of the City Council should not attempt to influence or publicly criticize Saratoga
Commission recommendations, 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 commission's recommendation as a member of the City Council.
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B. Individual Council Members and Commissioners shall have the right to attend meetings of
other Saratoga governmental bodies but shall refrain from speaking or becoming involved in
the meeting's discussions. If asked a question, the Council Member 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 a non-City of Saratoga
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 Council Member or
Commissioner should first indicate the majority position and opinion of the Council or
Commission (if any). Personal opinions and comments may be expressed only if the Council
Member or Commissioner clarifies that these statements do not represent the position of the
City Council or Commission.
D. Both Council Members and Commissioners shall at all times strive to be attentive, maintain
respectful discourse in regards to one another and focus comments on the policy matters
under consideration while refraining from expressing criticism of members of the Council or
a Commission or engaging in side discussions with others.
Section 5. CITY COUNCIL HANDLING OF LITIGATION AND OTHER CONFIDENTIAL OR
SENSITIVE INFORMATION
A. City Council Members shall keep all written materials and verbal information provided to
them on matters that are confidential in complete confidence to ensure that the City's
position is not compromised. No disclosure or mention of information in these materials
shall be made to anyone other than Council Members, the City Attorney or City Manager.
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 Council Member 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 under 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.
B. The personal contact information of members of the public included as part of reports and
attachments to agenda items shall only be used in relation to that agenda item. To the
greatest extent possible, staff will work to minimize the amount of personal contact
information for members of the public published in agenda materials posted on the City
website.
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Section 6. BUSINESS OF THE CITY COUNCIL
A. Seating Arrangement of the City Council – At regular City Council Meetings held in the
Civic Theater, the City Council shall be seated based on the order of the Mayoral rotation,
as set forth by the Mayoral Rotation Policy, with the Mayor seated on the left of the five
members of the City Council. The Vice Mayor shall be seated to the right of the Mayor. It
shall be at the Mayor’s discretion to determine the final seating arrangement of the City
Council.
B. City Council Reorganization – The City Council Reorganization shall be held at the
beginning of the first regular meeting of December unless 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.
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
meetings of the City Council. 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, event dates, dispositions of correspondences, etc.).
In scheduling events, the Mayor shall give due consideration to availability of other Council
Members, the timing of the event relevant to formal City action in connection with the event
(e.g., coordinating a groundbreaking with the start of actual construction), and past practices.
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 Assignments
During the first meeting in December, the Mayor shall announce that new appointments for
Committee/Agency Assignments are necessary. A list of committee/agency assignments
shall be given to each Council Member. Following the meeting, each Council Member shall
provide the Mayor with a list of the Committee/Agency Assignments in which the Council
Member is interested. The Mayor shall propose appointments for Council approval at the
second City Council meeting in December.
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
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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 Council Member has received information outside of a public meeting that
the Council Member believes has a bearing on the decision and that is not reflected in the
staff report presented to the Council and the public, the Council Member 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, Commendations and Certificates
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 accomplishments
• 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.
Certificates of recognition 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.
G. Event Scheduling
The Mayor shall work with City staff to schedule the dates of City organized events. Due
consideration will be given to the availability of other Council Members and community
organizations involved in the event.
H. Resolutions of Support or Opposition
Resolutions of support or in opposition to a legislative action or special issue shall only be
brought before the City Council for consideration if the topic of the resolution has a specific
and identifiable impact or connection to the City of Saratoga.
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Section 7. 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 per City Code 2-10.010. Special meetings shall be held as
needed based on availability of the City Council.
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.
• Joint Meetings, Study Sessions, Commission Interviews, and Closed Session – Prior to
the start of the Regular Session at 7:00 p.m. in the Civic Theater, the City Council may
hold Joint Meetings with various Community organizations and Commissions, conduct
study sessions, hold Commission applicant interviews, or conduct Closed Sessions.
These meetings typically take place in the Administrative Conference Room at City
Hall. Location and start times may vary.
• Regular Session – The City Council, unless otherwise specified on the agenda, shall
conduct the Regular Session at 7:00 p.m. in the Civic Theater.
• 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.
• Report From Closed Session – The Mayor is required to announce any action taken
during closed session before reconvening to the open session of the regular meeting.
• Report from Joint Meeting/Study Session – The Mayor, or the Mayor’s designee,
provides a summary of the Joint Meeting or Study Session held prior to the Regular
Session.
• 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. The City Council may request follow up on matters raised
during Oral Communications.
• Announcements – Reserved time for the Mayor to make special announcements.
Announcements should be related to City or City-sponsored events and/or activities.
Council Members may submit announcement recommendations to the Mayor; the
Mayor has full discretion in selecting which announcements to share. Additionally, the
Mayor has full discretion to permit Council Members to share announcements and
establish guidelines for Council Member announcements.
• Ceremonial Items – These items include presentation of proclamations,
commendations, certificates, appointments, administration of Oath of Office and
special introductions.
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• Special Presentations to Council – This portion of the meeting is for groups, agencies,
and persons to speak to the Council on special items placed on the agenda according to
the City’s standard procedures. Presenters will be given 10 minutes to make their
presentation; the Mayor may adjust the time if approved by the City Council.
• 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
Council Member. Any member of the public may speak to an item on the Consent
Calendar, or request the Mayor remove an item for discussion.
• 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. During appeal hearings
before the City Council, Applicants/Appellants and their representatives have a total of
ten minutes maximum for opening statements. Members of the public may comment
on any item for up to three minutes. Applicant/Appellants and their representatives
have a total of five minutes maximum for closing statements. Unless otherwise directed
by the Mayor or City Council, appeal hearings shall generally proceed as follows:
• Mayor introduces item
• Staff report
• Council questions for staff
• Appellant’s opening remarks – 10 minutes
• Applicant’s opening remarks (if applicant is not appellant) – 10 minutes
• Public comment
• Applicant closing remarks – 5 minutes
• Appellant closing remarks (if applicant is not appellant) – 5 minutes
• Mayor closes the public hearing
• Council discussion
• Council decision
• General Business – These are general items, that may or may not been previously
considered by the Council.
• Council Assignments– Provides members of the Council an opportunity to report on
matters being considered by committees, boards, and other bodies to which the Council
Member has been appointed by the Council or the Mayor. Council Members may also
report from regional committees, boards and other bodies on which the Council
Member serves in his/her capacity as a City Council Member and that have been
approved by the Mayor.
• City Council Items – Provides members of the Council an opportunity to introduce
discussion/action on items not currently before the Council for consideration.
• Council Communications - During this portion, Council Members may address the City
Council on subjects not on the agenda. Council 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 two minutes per Council Member and shall not include
references to campaign activities by or in support of any Council Member. In
introducing this item the Mayor shall note the purpose of the item and explain that the
comments made are the comments of the individual Council Member speaking and not
necessarily the views of the City Council as a whole.
• City Manager Items – City Manager or City Attorney may bring up other items of
interest or make announcements under this section.
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• Adjournment –The Mayor may adjourn the meeting or the City Council may vote to
adjourn the meeting.
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CITY COUNCIL NORMS EXHIBIT A
CITY OF SARATOGA RULES OF PARLIAMENTARY PROCEDURE 1
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.
1 These rules of parliamentary procedure are based on “Rosenberg’s Rules of Order: Simple Parliamentary
Procedures for the 21st 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.
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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.
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.
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:
1. The chair can ask the maker of the motion to repeat it;
2. The chair can repeat the motion; or
3. The chair can ask the secretary or the clerk of the body to repeat the
motion.
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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 decision making. 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:
1. 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.”
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2. 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.
3. 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
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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.
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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
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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:
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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.
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