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HomeMy WebLinkAbout04-09-18 City Commission Packet Materials - C10. Ordinance 2000 Final, Amending BMC, Presiding Officer Status Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Greg Sullivan, City Attorney SUBJECT: Final Adoption of Ordinance 2000 Amending Sec. 2.02.020, BMC Regarding Presiding Officer Status MEETING DATE: April 9, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: Finally adopt Ordinance 2000. SUGGESTED MOTION: Approving the item on consent agenda approves final adoption of Ordinance 2000 as presented. Should the Commission remove this item from the consent agenda I suggest the following motion: I move to finally 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 motion 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. On March 26, the Commission made the following motion to amend Ordinance 2000: Amendment to the Motion adding a phrase that requires the presiding officer “when passing the gavel for the purpose of making a motion to not resume presiding officer status until the motion is decided.” I incorporated the motion into the current rule as show below. The fifth sentence of 2.02.020, BMC, will now read: “Upon passing the gavel, the presiding officer may move or second any item of business then before the commission and may not resume presiding officer status until the motion is decided. After making an approving the amendment, the Commission provisionally adopted Ordinance 2000.” 276 After approving the amendment, the Commission provisionally adopted Ordinance 2000 as amended. UNRESOLVED ISSUES: None. ALTERNATIVES: As determined by the Commission. FISCAL EFFECTS: None identified. Attachments: Ordinance 2000 for Final Adoption Report compiled: March 30, 2018 277 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 278 Ordinance No. 2000 Amending Section 2.02.020, BMC Page 2 of 4 then before the commission and may not resume presiding officer status until the motion is decided. 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 279 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. 280 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 26th day of March, 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 9th day of April, 2018. The effective date of this ordinance is May 9, 2018. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 281