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8B. City Commission Rules & Procedures , CITY OF SALINA , REQUEST FOR COMMISSION ACTION DATE TIME 7/2/79 4:00 I AGENDA SECTION: lOR I GINA T I NG DEPARTMENT: I APPROV ED FOR I I NO. Administration I i AGENOA: i I City Manager I I I , ! ITEM NO. B. BY: Bill Harris BY: RLN , The adoption of Resolution #3438 will establish the rules and procedures I have recommended for developing the agenda and the conduct of City Commission meetings. With the adoption of this Resolution you need to I repeal Resolutions #3242 and #3243 which establish the present procedures. I I I - I I , , I i I ! I ! I COMMISSION ACTION I MOTION BY SECOND BY ; ! ! TO: I ; i , 'Q / JSj "~ 1~.1 -lJ RESOLUTION NUMBER 3438 (Published in The Salina Journal , 1979) A RESOLUTION ESTABLISHING THE RULES OF PROCEDURE AND ORDER OF BUSINESS FOR CONDUCTING REGULAR MEETINGS OF THE BOARD OF COMMIS- SIONERS AND THE PROCEDURE FOR THE PREPARATION OF AN AGENDA FOR SAID MEETINGS; REPEALING RESOLUTIONS NUMBERED 3242 AND 3243. BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Rule No.1. Regular Commission Meetings, Quorum: The City Commission shall hold regular meetings in Room 200 of the Govern- ment Center 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 receive a written notice at least 24 hours in advance of the meeting. If a regular meeting date shall fall on a holiday, the meeting shall be held on the following Mon- day. A majority of the members elected shall be a quorum. At 3:00 P.M. on the day of a regular meeting, the Commission may meet for a pre-Commission meeting. It shall be the policy of the City Commission to conduct all meetings in a courteous, expeditious and business-like atmosphere. Rule No.2. Agenda: An agenda for each regular and special Commission meeting shall be prepared by the City Manager in accor- dance with the following order of business: 1. Roll Call 2. Pledge of Allegiance and Moment of Silence 3. Awards, Presentations, and Organizational Business 4. Citizen Forum 5. Public Hearings and Items Set For a Certain Time 6. Consent Agenda 7. Development Business 8. Administration 9. Other Business The City Manager shall place items for the agenda in accordance with the preceeding 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 have any action taken at that Commission meeting but rather any action shall be referred to the City Manager for later action at another Commission meeting. The Consent Agenda shall be adopted by a motion, second and vote of the Commission provided that any individual item on the Consent Agenda may be withdrawn at the request of two or more Commissioners. Rule No.3. Member Agenda Items, Date: The deadline for plac- ing any item on the agenda shall be 12:00 noon on the Thursday prior to the regular Commission meeting. All items concerning the agenda shall be addressed to the City Manager and received by the City Manager, including any supporting documentation, by 12:00 noon on the Thursday prior to the regular Commission meeting. No matter re- quiring Commission action not on the agenda shall be considered by the Commission, except by the unanimous consent of all members present. Rule No.4. Public Participation: The public may participate in discussion of matters before the Commission. However, members of the public may participate only when recognized by the presiding officer and may discuss' only items ge~ane to the matter at issue. No member of the public may be recognized to speak while the Commissioners are debating an item among themselves. Rule No.5. Public Hearings: Public hearings shall be con- ducted in the manner required by State law and City ordinance. The presiding officer may establish time periods for discussion at public meetings. The proponents of a proposition shall speak first and opponents second. 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 C~ty Comm~ssion shall be the City Clerk. Minutes of each 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 result of any votes. If directed by the motionmaker, the minutes shall include the reason for motion. The unapproved minutes shall be delivered to Commissioners prior to the next regular Commission meeting. At that meeting, approval of the minutes of the previous regular and special Commission meeting, if any, shall be considered by the 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 Commission meeting, through the presiding officer, the privilege of having a statement on any matter under consider- ation by the Commission or the reason for any action entered into the minutes. Unless the 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 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 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. The presiding officer may set aside items on the agenda for later consideration during the meeting. All rulings of the presiding officer shall be considered valid unless overruled by a majority vote of the members present. Rule No.9. Rights of Presiding Officer: The presiding officer may make motions, second motions or debate any question and have the full responsibilities and rights of a member of the Commission. When these rules refer to Commission or Commissioners, they shall also include the Mayor. Rule No. 10. Appeals of Rulings by Presiding Officer: Any Commissioner may appeal to the Commission from a ruling of the presiding officer. If the appeal is seconded, only the appealing member may speak once on the question involved and the presiding officer may explain the ruling, but no other Commissioner shall participate in the discussion. The appeal shall be sustained if approved by a majority of the members present. Rule No. 11. Debate, Motion and Second Required, Exception: Prior to debate on any item on the agenda requiring formal Commissio 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. All motions of the Commission shall be debatable except the motion to adjourn, to lay on the table, and the previous question. Rule No. 12. Motion and Order During Debate: When any questio 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 said recesses shall not affect the status of pending motions or actions. Rule No. 13. Motion to Ad~ourn: The effect of the motion to adjourn ~s to conclude the Comm~ss~on meeting. Unless a specific time is established, the Commission meeting is adjourned to the next regular Commission meeting day, at which time the items on the uncompleted 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 speak- ing, must be seconded and 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 sam meeting and the time of reconsideration must be specified in the motion. The motion to lay on the 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, "shall the main question now be put?" Its effec is to put an end to all debate and bring the 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 Commission meeting, either regular or special, at which the item is to be reconsidered, at which meeting it will be the first item under that section on the agenda. The effect of the motion to postpone indefinitely is to end Commission consideration. No ordinance having passed first reading may be postponed indefinitely. Rule No. 17. motion and second. second. Amendments: A main motion may be amended by a Amendments may be further amended by motion and 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. Amend- ments, if adopted by the 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, ~t shall be in order for any Commissioner voting with the majority to move a reconsideration thereof at the same or next regular meeting, but no question shall a second time be reconsidered Rule No. 21. Ordinances, Adoption: Each proposed ordinance shall be introduced by a Commissioner or the Mayor, shall be second- ed. Following introduction, the ordinance shall be voted upon and, if adopted by a majority of the members elected, shall be set over for a second consideration. Second consideration shall not be given earlier than the next regular Commission meeting unless authorized by state statute or City Charter. All ordinances shall be adopted only by a majority vote of the members elected, unless a greater majority is required by State statute or City Charter. Rule No. 22. Voting, Order, Roll Call Vote Required, Silence: All Commiss~oners shall vote in alphabetical order by their last names, with the presiding officer voting last. At the discretion of the presiding officer, the vote may be either by voice or roll call. When required by State statute, City Charter, these Rules, or requested by any Commissioner, the vote shall be by roll call, provided that all ordinances shall be considered by roll call vote. When directed by the presiding officer, the City Clerk shall call the roll. A majority vote of all members elected shall be necessary to adopt any ordinance or resolution unless a larger number is required by State statute or City Charter. A majority vote of a quorum shall prevail in all other cases. When a question is put by the presiding officer, every Commis- sioner present shall vote unless the Commission for special reason shall excuse a member. On voice votes, silence by a member shall be counted as a vote in the affirmative. On roll call votes, when a member fails to vote upon any proposition, unless excused by the Commission, the vote shall be counted in the negative. Rule No. 23. Roberts Rules of Order Adopted, Parliamentarian: 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 presiding officer 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 Commiss~on 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 No. 24. 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 No. 25. Rules - Amendment: These Rules may be amended by the adoption of a resolution and publication of same in the official newspaper. Resolutions numbered 3242 and 3243 are hereby repealed. Adopted by the Board of Commissioners and signed by the Mayor this 2nd day of July, 1979. Karen M. Graves, Mayor (SEAL) Attest: D. L. Harrison, City Clerk ~ ,,0 I-~-!'l ~ RESOLUTION NUMBER 3242 (Published in The Salina Journal '" \ __ '\ t .-:-.1...t.."v\A-w....... \ \- , 1975) A RESOLUTION PROVIDItIG FOR THE ORDER OF BUSINESS TO BE CONDUCTED AT ALL REGULAR MEETINGS OF THE BOARD OF COMMISSIONERS AND THE PROCEDURE FOR THE PREPARATION OF AN AGENDA FOR SAID HEETINGS; REPEALING RESOLUTION NUMBER 3110. BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section 1. All regular meetings of the Board of Commissioners shall be ~onducted according to the standard rules of procedure of the Commission using the following order of business " I (A). Call to Order: Promptly at the hour appointed for the meeting of the Commission, the Mayor, or in his absence, the Acting Mayor, shall take the chair and shall call the Board of Commissioners to order. (B). Opening Ceremony: The meeting of the Commission shall be opened in the manner and form as directed by the Mayor or the Acting Mayor (C). Roll Call: Clerk shall call the roll of Commissioners and staff present and shall enter their names on the minute books. (D). Approval of Minutes of Previous Meeting: Minutes of the previous meeting shall be corrected and approved and if approved by a majority of the quorum present shall be entered in the permanent records of the City without being subject to further correction. Minutes of previous meetings shall not be read aloud in their entirety unless so required by a vote of the majority of the entire Commission. (E). Staff Agenda: Items on the Staff's Agenda shall be presented by the City Manager or such members of his staff as he may designate. The order of presentation shall follow the agenda except as may be directed otherwise by the presiding officer and each item shall be concluded before the next item is discussed. Except for questions from Commission members for purposes of clarification, the ~anager shall be permitted to explain fully each individual item before detailed questions or discussion is had either by the members of the Commission or by the publ ic. Following the complete presentation of each item on the agenda, the matter shall be open for discussion from the floor by the publ ic and questions from members of the Commission until a motion has been made and seconded to adopt or reject the matter under discussion. All discussion from the public and from City Manager shall cease immediately upon such motion and second. After the formal vote has been taken by the Commission, all further discussion of the matter shall cease unless appropriate affirmative action follows to place the matter again before the Commission for reconsideration. (F). Pub 1 i c Agenda: Items placed on the Pub lie Agenda may be presented by the sponsor. which presentation shall be limited to five minutes, unless extended by a vote of a majority of the Commission. t1embers of the public desiring to present matters to the Commission on the Public Agenda must submit a request in writing to the Office of the City Clerk prior to 5:00 P.M. on the Thursday preceding the Commission meeting. The request should state the name of the individual desiring to be heard and the matter to be presented. Matters pertaining to litigation and viol~tions of law or ordin~nces are excluded from this Agenda. I I (G). Commission Agenda: Items on the Commission Agenda shall be presented by the Commissioners sponsoring such items. The order of presentation shall follow the agenda except as may be directed otherwise by the presiding officer. Each item on the agenda shall be concluded before the next item is discussed. The sponsoring Commissioners shall have an opportunity to explain the particular item placed on the agenda at his request. After completion of the presentation by the Commissioner, the City Manager or such member of his staff as he may designate, shall have an opportunity to comment or make recommendations on the matter in question after which the public shall have an opportunity to comment thereon. After discussion the item shall be placed on debate or shall be disposed of by action of the Commission. The item sh~ll not be debated by the .Commission unless and until a motion has been made and seconded to adopt or reject the item under discussion. Public comments shall not be made prior to explanation by the sponsoring member of the Commission or subsequent to such motion and second. Once such a motion has been made and seconded, al I comment from the City Manager and public shall cease except in response to specific questions from members of the Commission. After vote has been taken by the Commission, all further discussion of the item shal I cease unless motion to reconsider the item is made and carried. After consideration of all the items listed on the Commission Agenda, any Commission member may present any pertinent items for discussion by the members of the Board of Commissioners. Discussion shall be limited to members of the Commission unless comments from the public or staff are requested by a member of the Commission. No final action shall be taken on any item considered under this portion of the agenda without the unanimous consent of all Commission members present. (H). Miscellaneous: Under unusual or emergency circumstances, by majority vote of all members present, the above rules may be suspended and miscellaneous or other matters not on 'any agenda may be considered. (I). Adjournment: When moved, seconded and approved by a majority of members present or as shall be announced by the chair at the conclusion of business in the event no majority is obtainable from members present. Section 2. The preparation of the agenda for each regular Commission meeting and the distribution of the same shall be in the following manner: Except under the most unusual circumstances, all Commi ss i on meet i ngs sha 11 be conducted in accordance wi th a written agenda in order that the members of the Commission, the City Manager and the public may be informed as to the matters to be considered and may have an opportunity either to prepare themselves or to be present for such purposes as may be appropriate. The agenda shall be made public in advance of the meeting and shall be available to the publ ic and news media at the Office of the City Clerk on Friday evening prior to the next regular Monday Commission meeting. The agenda shall be divided into three general sections, namely, (1) Staff's Agenda; (2) Public Agenda; and (3) Commission Agenda. (1). Staff I s Agenda: The Staff's Agenda shill I be prepa red week 1 y by the City Manage rand sha 11 i nc I ude all items to be presented officiill1y to the City Commission by the City M.Jnager or his designated staff. Each item shill! include sufficient summilry expliJn<ltion to make clear to members of the Commission and the public the matter to be discussed and the action requested. The Staff's Agenda shall also include the necessary actions to be taken by the Commission in connection with ordinances, resolutions or policies previously approved, placed on reading or adopted and appropriations. The Staff's Agenda shall be closed at 5:00 P.M, each Thursday, shall be reproduced Friday afternoon and shall be available to the news media and the public and furnished to each member of the Commission on each Friday evening prior to the next regular Monday Commission meeting. Additional or supplemental information shall accompany the agenda or shall follow as soon thereafter as practicable. " I (2). Pub Ii c Agenda; The Pub 1 i c Agenda sha 11 be prepared by the City Manager based on written requests of the public to appear before the City Commission. The Public Agenda shall be closed at 5:00 P.M. each Thursday, and shall be reproduced together with the Staff's Agenda and the Commission Ageryda and shall be available to the news media and public and be furnished to each member of the Commission Friday evening prior to the next regular Monday City Commission meeting. Requests to appear will be placed on the agenda on a "first come-first served basis". (3), Commission Agenda: The Co~mission Agenda shall be prepared by the City Manager at the direction of either the majority of the Commission or any individual Commissioner who shall be privileged to request that items be placed on th~ Commission Agenda in the order of "first come-first served" \~ith the name of the" individual Commissioner sponsoring the item or making such request, together with sufficient summary explanation of the item itself that the purpose of placing the item on the agenda will be clearly evident both to other members of the City Commission, to the City Manager and to the public. Commissioners shall use the agenda for purposes concerning general policy matters involving all members of the Commission. Commissioners shall refrain from using the agenda for purposes of inquiry that may be handled otherwise by each Commissioner individually, shall refrain from placing frivolous or extraneous items on the agenda, sha 11 refra in f rom us i ng the agenda for propoganda or smear purposes and shall not be privileged to place items on the agenda week after week on the basis of a single request which shall be limited to a single agenda only, Requests from members of the public shall not be placed on the agenda except as they are sponsored by a Commissioner in each case. Items placed on the agen~a become the property of the Commission and shall be disposed of by the Commission and shall not be withdrawn by an individual member. The Commission Agenda shall be closed at 5:00 P.M. each Thursday, shall be reporduced by the City Manager on Friday afternoon and shall be available to the news media and public and shall be furnished to each member of the Commission on Friday evening prior to the next regular Monday City Commission meeting. Section 3. This Resolution shall be in full force and effect from and after its adoption and publication in the official city newspaper. . ,. ~. Section 4. Resolution Number 3110 is hereby repealed. Adopted by the Board of Commissioners and signed by the Mayor this 8th day of September, 1975. O~//%H...$ , Robert 'C. Caldwell, Mayor (SEAL) Attes t : '. , >>MH::<~ O. L. Harrison, City Clerk ~ -2:> -i'l I ( --..2 RESOLUTION NUMBER 3243 (Published in The Salina Journal .~\ ,0:"J....... \ \1.--- , 1975) A RESOLUTION DETERMINING THE TIME AND PLACE OF THE REGULAR MEETINGS OF THE BOARD OF COMMISSIONERS OF THE CITY OF SALINA, KANSAS; AND REPEALING RESOLUTION NUMBER 3096. BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section I. That the regular meeting of the Board of Commissioners of' the City of Salina, Kansas, shall be held each Monday at 4:00 P.M. All meetings shall be held in Room 200 of the City-County Building in the City of Sa Ii na, Kansas. '. , Section 2. That Resolution Number 3096 is hereby repealed. Section 3. This Resolution shall be in full force and effect from and after its adoption and publication in the official city newspaper. Adopted by the Boa rd of Commi ss i one rs and signed by the 11ayor th i s 8th day of September, 1975. >LL~ Robert 'c. Ca I dwe 11, Mayor (SEAL) Attest: flA (. .. 3;;-tJ. ClA.1..'-".C:""'- D. L. Harrison, City Clerk '.