22-8027 Rules of Procedure and Order of Business for Conducting Meetings...-
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RESOLUTION NUMBER 22-8027
A RESOLUTION ESTABLISHING THE RULES OF PROCEDURE AND ORDER
OF BUSINESS FOR CONDUCTING MEETINGS OF THE BOARD OF
COMMISSIONERS; THE PROCEDURE FOR THE PREPARATION OF AN AGENDA
FOR THOSE MEETINGS; AND REPEALING RESOLUTION NUMBERED 18-7580.
BE IT RESOLVED by the Governing Body of the City of Salina, Kansas :
Rule No. 1. Regular City Commission Meetings, Quorum: The City Commission shall
hold regular meetings in Room 107 of the City-County Building on the first , second , third and
fourth Mondays of each month at 4:00 p .m. Special meetings of the City Commission shall be
called by the Mayor with the consent of any two Commissioners provided that each Commissioner
receives a notice of the meeting. If a regular meeting date shall fall on a holiday, the meeting shall
be held on the following Monday. A majority of the members-elect shall be a quorum , except as
provided under Rule No. 22. The City Commission may meet in Study Session on topics
determined by the City Manager or the City Commission on a specific date and time .
It shall be the policy of the City Commission to conduct all meetings in a courteous ,
expeditious and busines s-like atmosphere.
Rule No. 2. Agenda: An agenda for each regular and special City Commission meeting
shall be prepared by the City Manager in accordance with the following order of business:
1. Call to Order/Roll Call
2. Pledge of Allegiance and Moment of Silence
3. A wards and Proclamations
4. Public Hearing and Items Set For a Certain Time
5. Consent Agenda
6. Development Business
7. Administration
8. Other Business
9. Citizen Forum
The City Manager shall place items for the agenda in accordance with the preceding order of
business; however, the City Manager may place items of a special public concern under Public
Hearings and Items Set for a Certain Time. Items heard under "Citizen Forum" shall not be acted
upon at the same meeting but shall either be taken under advisement or referred to the City Manager
ror future consideration . The Consent Agenda shall be adopted by a motion , second and vote of the
~ity Commission provided that any individual item on the Consent Agenda may be withdrawn at
he request of a Commissioner.
Rule No. 3. Member Agenda Items, Date: The City Commission may take action onl y
upon those items included on the agenda of a regular or special meeting ; pro vided , howe ver, during
he "Other Business" segment of any regular meeting , the City Commission may add an item to its
~urrent agenda by 2/3 consent of all members present; however , executive sessions may be added
by a simple majority vote. The City Commission may schedule certain topics for consideration for
future agendas of a regular or special meeting by majority vote of the members present. Discussion
'"elating to these scheduling matters shall be limited to whether the topic is to be scheduled and , if
so, when. Discussion shall not extend to a debate of the merits of the matter.
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Rule No. 4. Public Participation: The public may participate in discussion of matters
before the City Commission. However , members of the public may participate only when
recognized by the presiding officer, may discuss only items germane to the matter at issue, and may
be subject to any time limits established by the presiding officer for the efficiency of the meeting.
No member of the public may be recognized to speak while the City Commission is debating an
item among themselves.
Rule No. 5. Public Hearings: Public hearings shall be conducted in the manner required
by State law and City ordinances. The presiding officer may establish time periods for discussion at
public meetings. The presiding officer may determine the order in which citizens may speak. The
minutes shall show by name and address persons speaking for and against propositions . Citizens
whose position cannot be determined will be mentioned in the minutes as speaking "with interest".
Rule No. 6. City Clerk, Minutes: The recording officer for the City Commission shall be
the City Clerk. Minutes of each City Commission meeting shall be kept by the City Clerk or, in the
absence of the City Clerk, the City Manager shall appoint an acting City Clerk for that meeting.
The minutes of each meeting shall be prepared by the City Clerk, under the supervision of the City
Manager and shall be reduced to typewritten form. Ordinances , resolutions and claims need not be
recorded in full in the minutes provided they are preserved in other permanent records maintained
by the City Clerk. The minutes shall sufficiently identify and describe said ordinances, resolutions
and claims . The minutes shall record the official actions, including Commissioner making motions ,
Commissioner seconding , voting, and the results of any votes . If directed by the motion maker , the
minutes shall include the reason for motion.
The unapproved minutes shall be delivered to the Commissioners prior to the next regular
City Commission meeting. At the meeting , approval of the minutes of the previous regular and
special City Commission meeting , if any, shall be considered by the City Commission. After
approval of the minutes by the City Commission, the Mayor or presiding officer for that meeting
shall sign the minutes and the City Clerk shall attest thereto. Any Commissioner may request at the
City Commission meeting, through the presiding officer, the privilege of having a statement on any
matter under consideration by the City Commission or the reason for any action entered into the
minutes. Unless the City Commission by vote of the members present objects thereto, such
statement shall be entered into the minutes .
Rule No. 7. Presiding Officer: The Mayor shall be the presiding officer of the City
Commission. In the absence of the Mayor, the Vice-Mayor shall be the presiding officer. In the
absence of the Vice-Mayor, the City Commission shall select from one of its members a presiding
officer for that meeting. If the Mayor or the Vice-Mayor, as the case may be , should appear, the
Mayor or the Vice-Mayor shall assume the chair after conclusion of the item then under debate.
Rule No. 8. Duties of the Presiding Officer: The presiding officer shall be responsible for
the conduct of all City Commission meetings. The presiding officer shall have authority to
recognize Commissioners and members of the public to speak and to decide all questions of
parliamentary procedure and order of business . All rulings of the presiding officer shall be
considered valid unless overruled by a majority vote of the members present as explained in Rule
No. 9.
Rule No. 9. Appeals of Rulings by Presiding Officer: Any Commissioner may appeal to
the City Commission from a ruling of the presiding officer. The appeal shall be sustained if
seconded and approved by a majority of the members present. Prior to any action taken on the
appeal, the presiding officer shall consult with the parliamentarian for an advisory interpretation.
-Rule No. 10. Rights of Presiding Officer: The presiding officer may make motions ,
second motions or debate any questions , and have the full responsibilities and rights of a member of
the City Commission. When these rules refer to City Commission or Commissioners , they shall
also include the presiding officer. The presiding officer may set aside items on the agenda for later
consideration during the meeting.
Rule No. 11. Debate, Motion and Second Required, Exception: Following any
discussion necessary to formulate a motion on any item on the agenda requiring formal City
Commission action, a motion shall be made by a Commissioner which shall specify the action to be
taken. All motions , except a motion to withdraw a motion, shall require a second prior to the
debate. If a motion or a second is not made, the matter shall die for lack of a motion. All motions
of the City Commission shall be debatable except the motion to adjourn, to lay on the table , and the
previous question. The author of the motion may withdraw his or her motion any time prior to the
vote.
Rule No. 12 Motion and Order During Debate: When any question is under debate , no
motion shall be received but the following , which shall have precedence in the order listed: (1) to
adjourn (2) to lay on the table, (3) for previous question, ( 4) to postpone to a certain day, (5) to
amend and (6) to postpone indefinitely . The presiding officer may call recesses but recesses shall
not affect the status of pending motions or actions .
Rule No. 13. Motion to Adjourn: The effect of the motion to adjourn is to conclude the
City Commission meeting. Unless a specific time is established, the City Commission meeting is
adjourned to the next regular City Commission meeting day at which time the items on the
uncompleted City Commission agenda shall be the first order of business after roll call and pledge
of allegiance and moment of silence . This motion is always in order except when a Commissioner
is speaking, must be seconded, and must be voted upon without debate.
Rule No. 14. Motion to "Lay on the Table": The motion to "lay on the table " delays
consideration of an item until later in the same meeting and the time of reconsideration must be
specified in the motion. The motion to "lay on table" must be seconded, cannot be debated , and
must be voted upon immediately.
Rule No. 15. Previous Question: The previous question shall put in these words , "call the
question." Its effect is to put an end to all debate and bring the City Commission to immediate vote
upon the motion; it must be seconded, may not be debated , and must be adopted by a 2/3 vote of the
members present.
Rule No. 16. Motion to Postpone to a Certain Day, to Postpone Indefinitely: The effect
of both motions to postpone is to remove the item under consideration from the current agenda.
The motion to postpone to a certain day must establish the City Commission meeting, either regular
or special, at which the item will be considered further. The effect of the motion to postpone
indefinitely is to suppress consideration of the item throughout the current meeting; consequently,
the adoption of the motion to postpone indefinitely is in effect an indirect rejection of the pending
main motion relating to the item under consideration. No ordinance having passed first reading
may be postponed indefinitely.
Rule No. 17. Amendments: A main motion may be amended by a motion and second.
Amendments may be further amended by motion and second.
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Rule No. 18. Order of Voting on Main Motion, and Amendments: All amendments shall
be voted upon in the inverse order in which they are presented , the last amendment being voted on
first. Amendments, if adopted by the City Commission, shall remain part of the main motion.
When the main motion is voted upon, it shall include all amendments previously adopted .
Rule No. 19. Motion -Withdrawal, Procedure: Any Commissioner may withdraw either
the motion or second to a motion at any time prior to voting. If the maker of the motion withdraws
the motion, the entire motion dies. If the seconder withdraws , the motion may be seconded by
another Commissioner and continued.
Rule No. 20. Reconsideration of Questions: When a vote has been taken, it shall be in
order for any Commissioner voting with the prevailing side to move a reconsideration thereof at the
same or next regular meeting, but no question shall a second time be reconsidered at the same or
next regular meeting. Beyond the next regular meeting, reconsideration of an item shall be
governed by Rule No. 3.
A motion for reconsideration must be seconded; however, the seconding can be done by any
Commissioner, regardless of how the seconding Commissioner voted on the motion to be
reconsidered. Approval of a motion for reconsideration requires only a majority vote , regardless of
the vote necessary to adopt the motion to be reconsidered. The effect of the adoption of the motion
to reconsider is to immediately place before the City Commission again the question on which the
vote is to be reconsidered in the exact position it occupied the moment before it was voted on
originally.
Rule No. 21. Adoption of Ordinances: Kansas statutory law has modified common law
by requiring that all ordinances of the city shall be adopted only by a majority vote of the members-
elect (no less than three of five), unless a greater majority is required by law. The city retained the
two-reading requirement for the adoption of ordinances when the Kansas statutory two-reading
requirement for adoption of ordinances by cities of the first class was eliminated in 2012.
As provided in Salina Code Sec. 1-5 .1 , all ordinances of the city shall be introduced and considered
on first reading at a public meeting of the governing body and considered for passage on second
reading at a subsequent public meeting of the governing body conducted on a different day than
first reading, subject to the following exceptions:
(1) An ordinance providing for the budgeting and/or appropriation of funds shall be considered
for final passage on the day it is introduced;
(2) Where a state statute provides a different procedure for passage of an ordinance for a
specific purpose; or
(3) An ordinance may be considered for passage on second reading on the same day it is
introduced and considered on first reading when warranted by a compelling public
purpose, as declared by a vote of the governing body. In order to pass , a motion to declare
that a compelling public purpose exists must receive the same number of votes in favor of
the motion as are necessary to pass the ordinance on second reading .
To be approved on first reading and advance to consideration for adoption on second reading, an
ordinance must be approved by the same number of votes required for its adoption. That will
ordinarily be a majority vote of the members-elect (no less than three of five), unless a greater
majority is required by law.
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Voting upon consideration of all ordinances for passage on second reading shall be by roll call. For
all roll call votes , all Commissioners shall vote in alphabetical order by their last names , with the
presiding officer voting last. When directed by the presiding officer, the City Clerk shall call the
roll. Because Kansas statutory law modifies common law b y providing that the vote on an y
ordinance shall be by yeas and nays , which shall be entered on the journal by the clerk, silence by a
Commissioner on either a voice vote on first reading or a roll call vote on second reading shall be
counted as a vote in the negative. The presiding officer shall announce the results of any vote .
Rule No. 22. Consideration of Matters Other Than Adoption of Ordinances: When a
quorum is present, a majority vote of those present shall prevail in all matters other than adoption of
an ordinance , unless an extraordinary majority is otherwise required by law. When required by law
or requested by any Commissioner, the vote shall be by roll call. Otherwise , the vote may be either
by voice or roll call , at the discretion of the presiding officer. For all roll call vote s, all
Commissioners shall vote in alphabetical order by their last names , with the presiding officer votin g
last. When directed by the presiding officer, the City Clerk shall call the roll. The pre si din g
officer shall announce the results of any vote.
When a question is put by the presiding officer, every Commissioner present shall vote
unless disqualified by substantial interest, common law conflict of interest, or self-identified
appearance of bias . If a Commissioner is not disqualified from voting, but fails to cast a vote ,
common law recognizes the Commissioner 's silence as acquiescence to the measure rather than
opposition. Consequently, in all matters other than adoption of an ordinance, silence by a
Commissioner qualified to vote shall be counted as a vote in the affirmative on either a voice vote
or roll call vote.
The common law rule is altered if a Commissioner is disqualified on the basis of substantial
interest, common law conflict of interest, or appearance of bias ; and therefore abstains from any
action relating to a matter. If a Commissioner is disqualified from voting , that Commissioner 's vote
may not be counted or implied in determining the necessary majority for a valid action. Members
disqualified from voting may not be counted when determining whether a quorum is present or in
determining a majority vote. However, consistent with the common law, in all matters other than
adoption of an ordinance, one or more disqualified Commissioners reduces the number of the body,
the number required to comprise a quorum , and the number required to bind the body , as follow s:
Number of Number of R e quired Required Required R equire d Require d
Disqualified Remaining Quorum Majority Majority Majority Majority Majority
when (5) when (4) when (3) when (2) when (1) Members Members voting voting voting votin g voting
0 5 3 3 3 2 NIA NIA
1 4 3 NIA 3 2 NIA NIA
2 3 2 NIA NIA 2 2 NIA
3 2 2 NIA NIA NIA 2 NIA
4 NIA NIA NIA NIA
Rule No. 23. Substantial Interest, Common Law Conflict of Interest, Appearance of
Bias: (Refer to the City's Ethics Policy under separate resolution.)
Rule No. 24. Prohibited Possession and Use of Electronic Devices During City
Commission Meetings: Electronic messaging devices, including but not limited to mobile phones ,
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personal computers, tablet computers or watches, shall not be used for real time interpersonal
communication during a City Commission meeting except for a personal or family emergency.
Rule No. 25. Roberts Rules of Order Adopted, Parliamentarian: City Commission
meetings shall be conducted in accordance with the latest revised edition of Roberts Rules of Order
except where said Roberts Rules of Order are in conflict with these Commission Rules , in which
case these Rules shall prevail. The City Attorney shall be Parliamentarian and give advice to the
City Commission on all parliamentary questions. In the absence of the City Attorney , the City
Manager shall serve as Parliamentarian. Failure to comply with Roberts Rules of Order or these
Rules shall not invalidate any City Commission action. The City Clerk shall reproduce these Rules
in pamphlet form and distribute one copy to each Commissioner, the City Manager and City
Attorney.
Rule 26. Legal Documents: No deed, conveyance, article of agreement, covenant, bond ,
contract, ordinance, resolution, or other legal instrument shall be entered into or executed by the
City Commission until the same has been referred to the City Attorney and approved by the City
Attorney as to form and legality.
Rule 27. Rules -Amendment: These Rules may be amended by the adoption of a
resolution by majority of members.
Resolution numbered 18-7580 is hereby repealed.
Adopted by the Board of Commissioners and signed by the Mayor this 28th day of February
2022. ~~
Trent Davis, M.D., Mayor ISEAL]
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