HomeMy WebLinkAbout04-01-19 FC Board of Appeals Rules of Procedure-Signed Bozeman Fire Code Board of Appeals
Rules of Procedure
The Bozeman Municipal Code provides for the adoption of specified codes and the Bozeman City
Commission established by Ordinance No. 1444 the Fire Code Board of Appeals in accordance with
Section 108 of the International Fire Code and further mandating that the Fire Code Board of Appeals
conduct business in accordance with procedures adopted by the Board and approved by the City
Commission. The following Rules of Procedure shall be in effect upon their adoption by the Board and
until such time as they are amended or new rules adopted in the manner provided for herein. The
Board renders quasi-judicial decisions which are appealable through the court system.
Section 1: Applicability
A. These rules are supplementary to the provision of Title 7, Chpt. 1, Part 41, MCA, Title 7, Chpt. 5,
Parts 41 and 42, MCA, and Title 2, Chpts. 2 and 3, MCA as they relate to procedures for
conducting meets and public hearings before City boards.
B. In accordance with Section 108 of the International Fire Code, the Board of Appeals is prohibited
from granting variances or waiving any requirements of the code. Therefore, an application for
appeal shall be based on a claim that the intent of the code or the rules legally adopted thereunder
have been incorrectly interpreted, the provisions of the code do not fully apply or an equally good
or better form of protection or safety is proposed.
Section 2: Chair and Vice Chair Persons—Powers and Duties
A. During the first meeting of the board each year the board shall appoint by majority vote, a
chairperson and a vice chairperson. If appropriate, they shall also appoint a board secretary. The
recording secretary may be a staff liaison. The chairperson shall be the presiding officer of the
board. During the absence of the chairperson, the vice chairperson shall discharge the duties and
exercise the powers and authority of the chairperson. The presiding officer shall preserve strict
order and decorum at all meetings and confine members in debates to the question under
consideration. The presiding officer may move or second any item of business then before the
board. The presiding officer shall state, or cause to be stated, every motion coming before the
board, announce the decision of the board on all subjects, and decide all questions of order, subject,
however to an appeal to the board, in which event a majority vote of the board members present
shall govern and conclusively determine such question of order. If any appeal is taken, the question
shall be, "Shall the decision of the Chair be sustained?"The Chair shall vote on all questions.
B. The Chairperson shall consult annually with the Fire Chief to review the Board roster and to solicit
members as required to maintain a membership quorum available to hear appeals within the time
frame stated herein.
Section 3: Parliamentary Authority
A. Unless otherwise specifically provided herein or by ordinance or statute, all meetings and hearings
shall be conducted in accordance with these rules. In all cases not covered by these rules, the
controlling parliamentary authority shall be the latest edition of Robert's Rules of Order, Newly
Revised.
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Section 4: Meeting Agendas
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A. The chairperson, staff liaison, or another designated board member shall arrange a list of matters to
be brought before the board according to the order of business specified herein, and furnish each
member and the public through the city's website with a copy of the agenda and all supporting
information no later than 48 hours immediately preceding the meeting for which that item has been
scheduled. All material to be presented to the board for consideration with an agenda item shall be
made available to the public within the above time frame. Copies of the agenda shall be available
from the City Clerk and one copy shall be posted at the designated posting board in the City Hall
for public viewing and made available on the City's website. Pursuant to Section 7-1-4135, MCA,
the City designates as the official posting place for all boards the posting board in the lobby of City
Hall located at 121 North Rouse, Bozeman, Montana.
B. The staff liaison or board chair shall prepare the meeting agenda and may consult with other board
members in preparing the agenda. The chair person or a majority of board members may add to or
remove an item from the agenda. The agenda shall be in substantially the following form:
i. Call to Order
ii. Roll Call
iii. Executive Session (if required) (only necessary if an executive session is being held).
iv. Disclosure of Ex Parte Communication such as comments or information received.
v. Changes to the Agenda.
vi. Public Service Announcement (if scheduled).
vii. Approval of Minutes (if required).
viii. Consent items (consent items are those which the staff liaison or board chair considers that no
discussion will be necessary. However, at the beginning of each meeting, any board member
may request item(s) be removed from the consent agenda for the purpose of discussion) (if
necessary).
ix. Public comment (always required). (Limited to any matter within the jurisdiction of the Board, but not on
the Board's Agenda.Three minute time limit per speaker.)
x. Special Presentations (if required).
xi. Action items. FYI/Discussion'.
xii. Adjournment.
Section 5: Meetings
(All meetings of the board shall be open to the public unless authorized by law. Prior to closing any
meeting of the board the chairperson or staff liaison shall consult with the city attorney.)
A. General/Regular Meetings:
i. The Board shall meet annually to review these Rules of Procedure, refresh members regarding
the purpose of the Board and its responsibilities and limitations on authority under adopted
codes.
ii. Any meeting of the board may be adjourned to a later date and time, provided that no
adjournment shall be for a longer period than until the next regular or specially scheduled
meeting.
No action may be taken on items brought up during this section which are not on the agenda.Discussion must be limited to informational items only or to discuss placing an
item on a future agenda;for more substantive or detailed discussion on an item it must be scheduled for an upcoming agenda.
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iii. The presiding officer, staff liaison or majority of the board may cancel a regular meeting if no
business is scheduled for that meeting.
iv. Meetings may be celled from time to time by the Chair or by a majority of the members of the
Board, however, a meeting shall be called by the Chair within thirty (30) days of the filing of a
written appeal to the Fire Chief or to conduct other business as otherwise called by the Chair.
The call to meet shall be communicated to the Fire Chief who will canvass the members and
coordinate the meeting time, date,place,public notice, etc.
B. Public Hearings:
i. Public Hearings are meetings required of some citizen advisory boards to be held as a public
hearing pursuant to law. The provisions of subsection A of this section apply to Public
Hearings.
ii. Unless prohibited by law, a public hearing may be rescheduled or adjourned to a later date and
time.
C. Executive Sessions: Executive Sessions are meetings of the board with the purpose to discuss
litigation strategy, a matter of individual privacy, or other matters wherein a meeting may be closed
pursuant to law and will be scheduled as needed. Although each Executive Session will commence
as an open public meeting, Executive Sessions may be closed to the public pursuant to authority
and limitations in Title 2, Chpt. 3, Part 2, MCA. An Executive Session may be called at any time
during any meeting if authorized by law.
D. Special Meetings: The presiding officer, a majority of the board or the staff liaison may call special
meetings of the board, upon at least forty eight (48) hours notice to each member, personally
served on each member through email or left at the member's usual place of residence and also
notice to the public by, at a minimum, posting the agenda on the City's website and posting.board.
Section 6: Order of Presentation/Public Participation
A. The order of presentation in which items are presented to the board shall generally be as follows:
i. The staff liaison shall present the agenda item to the board, if appropriate.
ii. If applicable, the staff liaison may present a background report on the matter for discussion.
Upon conclusion of a staff presentation, board members may ask questions of staff for the
purposes of understanding and clarification. If the agenda item is a public hearing, the
presiding officer will open the public hearing prior to staff presentation.
iii. If applicable, comments from the applicant, or the applicant's agent, shall be heard. The
applicant's presentation/testimony is limited, subject to the discretion of the presiding
officer, to ten (10) minutes.
iv. After being recognized by the presiding officer, a board member may direct questions to the
staff or applicant.
v. Members of the audience or their agent may be invited to present testimony or evidence. To
be recognized, each person desiring to give testimony or evidence shall step forward and,
after being recognized, give their name and address for the record. The presiding officer
may establish a timeframe for each public comment but in no case shall such timeframe be
less than three (3) minutes per speaker. The presiding officer may lengthen or shorten the
time allotted for public testimony.
vi. After being recognized by the presiding officer, a board member may direct questions to
any person so testifying for purposes of clarification.
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vii. Following public comment, the staff liaison shall be given the opportunity to comment on
any testimony or other evidence.
viii. Following staff�comment and if a public hearing, the applicant will be given the opportunity
to rebut or comment on any testimony or other evidence. The applicant's comments and
rebuttal is limited, subject to the discretion of the presiding officer, to five (5)minutes.
ix. If a public hearing, following applicant rebuttal and any further questions, the presiding
officer will close the hearing.
x. The Board shall consider the testimony of the Fire Chief and the Applicant and determine
whether the Board has authority in this matter per the adopted codes, i.e., the appeal is
based on a claim that the intent of the code or the rules legally adopted thereunder have
been incorrectly interpreted, the provisions of the code do not fully apply or an equally
good or better form of protection or safety is proposed. This Board does not have authority
to waive requirements of the code.
a. If Yes — the presiding officer will bring the appeal forward for discussion, motion
and vote.
b. If No—the Board shall summarize their findings for the record.
xi. If a public hearing, after being recognized by the presiding officer, a board member may
direct questions limited to the rebuttal testimony and evidence.
xii. The board secretary shall enter into the record all correspondence that has been received but
was not yet provided.
xiii. Unless required to act by a certain date pursuant to law, the board may continue the
discussion to a date certain, close discussion and vote on the matter, or close the discussion
and continue the vote to a date certain.
B. All testimony and evidence shall be directed to the presiding officer. No person, other than a board
member and the person recognized as having the floor shall be permitted to enter into the
discussion. Questions shall be asked of a board member only through the presiding officer.
C. The board may ask the staff liaison for its recommendation.
D. If a public hearing, in the event the applicant does not appear at the scheduled time and place,
unless the applicant has waived his or her appearance in writing, and which waiver has been
accepted, or unless the matter is submitted as a consent item, the matter shall be continued to the
next available meeting,public hearing date, or other date certain.
E. Board members are urged to state the reasons for their decisions; the record must reflect findings
regarding legal criteria for all quasi-judicial decisions.
F. Witnesses may be required to testify under oath.
G. The board shall not be bound by the strict rules of evidence and may exclude irrelevant,
immaterial, incompetent or unduly repetitious testimony or evidence.
H. The presiding officer shall rule on all questions relating to the admissibility of evidence with
advice from the City Attorney, which ruling may be overruled by a majority vote of the board.
I. A public hearing which has been formally closed for all public input may not be reopened and no
additional evidence or testimony from the public shall be received or considered except as provided
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herein. If additional information is required from the public before a decision can be made, the
board upon motion duly made, seconded and passed, may call for an additional public hearing
which hearing shall be noticed as required by law, specifying date, time place and subject matter of
hearing. This paragraph does not preclude the board, after the public hearing, from asking
questions of or receiving additional evidence from staff. Upon decision by the presiding officer or
upon a duly adopted motion of the board to reopen the public hearing prior to close of the agenda
item in which the hearing was held, the requirement to provide public notice does not apply; the
public hearing may be reopened and the additional input provided prior to a final decision on the
item.
J. In the case of each appeal, the Board shall render its decision in writing to the Fire Chief within ten
(10) days of the decision and the Fire Chief shall provide a copy to the applicant. The written
decision shall include the Boards Findings of Fact on which the decision is based.
Section 7: Quorum and Voting
A. Unless otherwise provided by law, a quorum shall consist of a majority of voting board members.
If a quorum is not present, those in attendance shall be named and the board shall adjourn to a later
time. The board secretary shall reduce motions to writing and, upon request shall read a motion
prior to the vote. Vote may be by roll call as determined by the Chair. Upon every vote, the
outcome shall be stated and recorded. A board member has an obligation to vote unless there is a
conflict of interest. Email, telephonic, or proxy voting shall be prohibited.
B. In the event of a tie in votes on any motion, the motion shall be considered lost.
C. An affirmative vote of a majority of the voting members present shall be required to pass any
motion before the Board.
D. The Fire Chief is an ex-officio member of the Board and shall attend all meetings of the Board
unless excused by the Board. The Fire Chief may make recommendations and shall have the right
to participate in all discussions of the Board, but shall not have a vote.
Section 8: Rules of Debate/Reconsideration/Conflict of Interest
A. Every board member desiring to speak shall address the presiding officer and upon recognition by
the presiding officer, shall confine discussion to the question under debate, avoiding all
personalities and indecorous language.
B. A board member, once recognized, shall not be interrupted when speaking unless the member is to
be called to order, or as herein otherwise provided. If a board member, while speaking is called to
order, they shall cease speaking until the question of order be determined, and, if in order shall be
permitted to proceed.
C. Order of rotation in matters of debate or discussion shall be at the discretion of the Chair.
D. A motion to reconsider any action taken by the board must be made on the day such action was
taken. It must be made either immediately during the same session, or at a recessed and reconvened
session thereof. Such motion shall be made by one of the prevailing side, but may be seconded by
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any member, and may be made at any time and have precedence over all other motions or while a
board member has the floor. It shall be debatable. Nothing herein shall be construed to prevent any
board member from milking or remaking the same or any other motion at a subsequent meeting of
the board,but the matter must be duly scheduled as an agenda item.
E. Pursuant to the City's Code of Ethics, a board member may seek the advice of the City Attorney as
to whether the member has a conflict of interest pursuant to law. If the board member is advised
there is a conflict of interest, the member shall recuse himself/herself, step away from the meeting
table, and refrain from discussion and vote on the matter.
F. After a motion, duly made and seconded, by the board, no person shall address the board without
first securing the permission of the presiding officer.
Section 9: Open Meetings and Email
A. Except for properly-called executive sessions as permitted by state law, all meetings of the board
shall be open to the public and media, freely subject to recording by radio, television and
photography at any time, provided that such arrangements do not interfere with the orderly conduct
of the meetings. Notice of meetings shall be published in accordance with the current open meeting
notification process adopted by the City of Bozeman.
B. A majority of the board shall not conduct synchronized email discussions involving a matter over
which the board has supervision, control, jurisdiction, or advisory power. Synchronized email
discussions are email exchanges among a majority of board members within minutes of each other
that create the quality of simultaneity similar to instant messaging or chat room discussions. Such
discussions are characterized as an active exchange of information rather than the passive receipt of
information. An example of synchronized email discussion would be a majority of board members
sitting at their computers and instantly exchanging emails concerning board business, whereas a
passive receipt of information is where a board member receives an email and responds in the
normal course of time similar to responding by letter received in the mail. The board shall not view
emails or other electronic communication mechanisms concerning any matter on the agenda during
a board meeting unless the submission is part of a specifically approved and adopted electronic
public testimony program. Electronic communication mechanisms include text messaging or any
other emerging technology that violates the spirit of open meeting laws. This does not preclude
viewing emails or electronic communication mechanisms that were received prior to the board
meeting. Emails received by board members concerning an agenda item shall be forwarded to the
staff liaison or board secretary and retained in accordance with the City's retention policy.
Section 10: Decorum
A. While the board is in a session, board members must preserve order and decorum, and a member
shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the
board nor disturb any member while speaking or refuse to obey the orders of the board or its
presiding officer.
B. Any person making personal, impertinent or slanderous remarks or who shall become boisterous
while addressing the board may be denied further audience with the board by the presiding officer,
unless permission to continue is granted by a majority vote of the board.
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C. The board shall not debate, in a heated or argumentative manner, with a member of the public
presenting testimony dwing a meeting.
D. Speakers shall only address the agenda item before the board. Any person speaking on an agenda
item not before the board may be called out of order.
Section 11: Recording of Meetings and Minutes
A. The board secretary shall prepare a summary of all meetings to be known as the "Minutes" and to
be approved by the board. It shall not be necessary to formally read out loud the Minutes prior to
approval. Such Minutes may be revised by the staff liaison or board secretary to correct spelling,
numbering, and other technical defects. Prior to approval, any board member may request the
privilege of amending or correcting the Minutes to accurately reflect the substance of the prior
meeting. If objection is made by any board member to such amendment or correction, a majority
vote of the board shall be necessary for adoption of the correction or amendment. Due to the
intermittent schedule of the Board's meetings,minutes shall be signed by the Chair within three (3)
weeks after each meeting and presented for approval by the Board at the next available meeting.
The minutes shall be forwarded to the City Clerk's office for posting within three months of the
meeting.
B. Executive session minutes shall be taken and prepared by the board secretary. The board shall
approve the minutes of an executive session in open meeting; provided, however that any
discussion concerning the contents of the minutes, prior to approval, shall be conducted in
executive session. The staff liaison or board secretary will distribute the draft executive session
minutes to the members in a manner that ensures and retains confidentiality. The board shall follow
the provision 2.02.130, BMC related to dissemination of executive session minutes.
C. Televising, broadcasting or audio recording of meetings: At the discretion of the board and City
Clerk's office,meetings may be televised,broadcast or an audio recording made. If recorded, audio
recordings shall be made available to the public unless required to be kept confidential by law.
Section 12: Attendance at Meetings/Removal by City Commission/Terms
A. All board members are expected to contribute the time necessary to fulfill their fiduciary
obligations to the board. All board members are required if they are to be absent from a meeting to
contact the presiding officer and the staff liaison prior to the meeting. If prior contact is made,the
absence will be determined excused. If the board member fails to contact the presiding officer or
staff liaison prior to the meeting,the absence will be considered unexcused. The City Commission
will be notified by the staff liaison of any board member with three or more unexcused absences in
any calendar year. The board,via motion and vote,may forward to the City Commission the name
of any board member having three or more excused absences, or a combination of excused and
unexcused absences.As provided by law,the City Commission may remove a board member for
excessive absences. A board member's term may be extended for up to 30 days after term
expiration on a case by case basis by the Deputy City Clerk if the board member has reapplied for a
subsequent term but the application process has not yet been heard by the City Commission.
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Section 13: Compliance with City Code of Ethics
A. All board members arerequired to follow State ethics laws regarding appointed officials and the
city of Bozeman Code of Ethics. New board members will receive the City of Bozeman ethics
handbook and must sign a form acknowledging receipt of the handbook, take an oath they will
uphold the state and city ethics codes. Board members are also required to take an initial ethics
training within two months after appointment. Each year board members are required to attend city
sponsored ethics training. Non-compliance with the City Code of Ethics and training requirements
may result in removal of a board member. See the City Code of Ethics for more details.
Section 14: Compliance with City Purchasing Policy
A. All boards are subject to the City purchasing policy (Administrative Order 2009-06), as revised,
unless specified by law. City staff liaisons shall handle financial transactions unless specific
arrangements have been made in writing through the City controller.
Section 15: Compliance with State Records Retention Policy
A. All City boards are subject to the State of Montana records retention policy.
B. The City Clerk will handle retention of all agendas, minutes and board resolutions once they have
been forwarded to the clerk's office.
C. E-mails, websites and social networking sites are subject to adopted records retention schedules.
For social media and websites please refer to the current Information Technology Social Media
Use Policy for further guidelines.
Section 16: Amendment of these Rules
A. These Rules of Procedure may be amended or new rules adopted by a majority vote (3) of all
voting members of the Board(5) and subsequent approval of the City Commission.
These Rules of Procedure are adopted by the Board on
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Board Chair
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