HomeMy WebLinkAbout03-26-18 City Commission Packet Materials - A5. Ordinance 2000, Provisional, Presiding Officer Status
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Greg Sullivan, City Attorney SUBJECT: Provisional Adoption of Ordinance 2000 Amending Sec. 2.02.020,
BMC Regarding Presiding Officer Status
MEETING DATE: March 26, 2018 AGENDA ITEM TYPE: Action
RECOMMENDATION: Provisionally adopt Ordinance 2000.
SUGGESTED MOTION: I move to provisionally adopt Ordinance 2000 amending Sec. 2.02.020, BMC adding a phrase that requires the presiding officer, when passing the gavel, to not
presume presiding officer status until the completion of the agenda item for which the gavel was
passed.
BACKGROUND: On January 26, 2018, the City Commission met in a work session to
discuss its rules of procedures. The Commission requested they be presented with an ordinance
that would require the presiding officer, when passing the gavel, to not resume presiding officer
status until the completion of the agenda item for which the gavel was passed.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As determined by the Commission.
FISCAL EFFECTS: None identified.
Attachments: Ordinance 2000 for Provisional Adoption
Report compiled on: January 31, 2018
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Page 1 of 4
ORDINANCE NO. 2000
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING SECTION 2.02.020, BOZEMAN MUNICIPAL CODE
REGARDING PRESIDING OFFICER STATUS.
WHEREAS, Pursuant to Section 2.01 of the Bozeman City Charter, all powers of the City
are vested in the City Commission and the Commission shall provide for the exercise of such
powers; and
WHEREAS, The City Commission adopted Chpt. 2, Art. 2 of the Bozeman Municipal
Code to establish rules of procedure for its operations and the conduct of its business; and
WHEREAS, The City Commission may amend such rules from time to time.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Section 2.02.020 shall be amended as follows:
”Sec. 2.02.020. - Mayor and deputy mayor; powers and duties.
The presiding officer of the commission shall be the mayor. During the absence of the mayor,
the deputy mayor shall discharge the duties and exercise the powers and authority of the mayor.
The presiding officer shall preserve strict order and decorum at all meetings of the commission
and confine members in debates to the question under consideration. The presiding officer may
assign each commissioner to a seat at the commission table as the presiding officer deems
advisable. Upon passing the gavel, the presiding officer may move or second any item of business
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Ordinance No. 2000 Amending Section 2.02.020, BMC
Page 2 of 4
then before the commission and shall not resume presiding officer status until the completion of
the agenda item for which the gavel was passed. The presiding officer shall state, or cause to be
stated, every motion coming before the commission, announce the decision of the commission on
all subjects, and decide all questions of order, subject, however, to an appeal to the commission,
in which event a majority vote of the commission shall govern and conclusively determine such
question of order. The presiding officer shall vote on all questions with the presiding officer's name
being called last. The mayor shall sign all ordinances and resolutions adopted by the commission
during the mayor's presence. In the event of the absence of the mayor, the deputy mayor or
presiding officer shall sign ordinances or resolutions as then adopted.”
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this Ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so
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Ordinance No. 2000 Amending Section 2.02.020, BMC
Page 3 of 4
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification.
This Ordinance shall be codified as indicated in Section 1.
Section 6
Effective Date.
This ordinance shall be in full force and effect on the ___ day of ____________, 2018.
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Ordinance No. 2000 Amending Section 2.02.020, BMC
Page 4 of 4
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the _____ day of _____________ 2018.
___________________________________
CYNTHIA L. ANDRUS Mayor
ATTEST:
____________________________________
ROBIN CROUGH
City Clerk
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ day of
_______________, 2018. The effective date of this ordinance is ______________ ___, 2018.
_________________________________
CYNTHIA L. ANDRUS Mayor
ATTEST:
_________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN City Attorney
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