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HomeMy WebLinkAboutCity Council Resolution 23-007, Amending the City Council Norms of OperationResolution 23-007 Page 2 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. Resolution 23-007 Page 3 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. Resolution 23-007 Page 4 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. Resolution 23-007 Page 5 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. Resolution 23-007 Page 6 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 Resolution 23-007 Page 7 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. Resolution 23-007 Page 8 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. Resolution 23-007 Page 9 • 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. Resolution 23-007 Page 10 • Adjournment –The Mayor may adjourn the meeting or the City Council may vote to adjourn the meeting. Resolution 23-007 Page 11 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. Resolution 23-007 Page 12 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. Resolution 23-007 Page 13 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.” Resolution 23-007 Page 14 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 Resolution 23-007 Page 15 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. Resolution 23-007 Page 16 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 Resolution 23-007 Page 17 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: Resolution 23-007 Page 18 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. 965350.1