Loading...
HomeMy WebLinkAboutResolution 2857 Adopting rules of procedure for City Commission business ----- .---.- --- . .--. "1 KILLED -- WITHDRAWN FROM AGENDA FOR REVISION AND NEVER BROUGHT BACK FOR CONSIDERATION COMMISSION RESOLUTION NO. 2857 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE RULES OF PROCEDURE FOR THE CONDUCT OF CITY COMMISSION BUSINESS. WHEREAS, the City Commission has previously adopted its rules of procedure in written form; and WHEREAS, these rules of procedure were previously adopted on June 19, 1989; and WHEREAS, said rules are hereby revised to more accurately reflect the manner in which the Commission currently conducts its business. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the rules of procedure, as contained in Exhibit" A", attached hereto and by this reference made a part hereof, are hereby adopted. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 4th day of May 1992. TIMOTHY SWANSON, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: ~J City torney . __n__.... ~n - - -...---.----.....---- - ....-. --- .--- ------ _---,,--__.._.____.._._.._...._ u___.__.__._._ . .____ , EXHIBIT "A" CITY OF BOZEMAN, MONT ANA CITY COMMISSION RULES OF PROCEDURE Adopted I. RULES SUPPLEMENT STATE LAW These Rules supplement the provisions of Title 7 of the Montana Code Annotated (MCA) as they relate to the procedures for handling business, conduction meeting and public hearings before the City Commission of the City of Bozeman, Montana. II. ROBERT'S RULES OF ORDER Unless otherwise specifically provided herein, all meetings and hearings shall be conducted in accordance with ROBERT'S RULES OF ORDER, revised. III. COMMISSION MEETINGS A. Regular Meetings: The City Commission shall hold its regular meetings on Monday of each week at the hour of 2-;00 3:30 o'clock P.M. in the Commission Chambers of the Municipal Building located at 411 East Main Street, Bozeman, Montana. Provided, however, that when the day affixed for any regular meeting of the Commission falls upon a day designated by law as a legal or national holiday, such meeting shall be held at the same hour on the next succeeding day not a holiday. B. Public Hearings: When a matter is required by law to have a public hearing, or when a matter is set for a public hearing, upon motion of a City Commissioner, duly seconded and passed, all public hearings will be held, following due notice on the first and third Mondays of each month at the hour of 7 o'clock P.M. or as otherwise designated by the Commission in the City Commission chambers in the Municipal Building located at 411 East Main Street, Bozeman, Montana, or in an alternative location as duly noticed to the public. 05-04-92 -... ---..------ ------.- . "~,---- _.,~'---_..- ------.'.- -- .., ----~-,..- --.......,...,-,.-, ....._'-_.._-~_._~- - 2 - EXHIBIT "A" IV. AGENDA All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Commission, shall be submitted by 1 2 o'clock noon on the Wednesday immediately preceding the next regularly scheduled Commission meeting with supporting documents being submitted by 5:00 o'clock P.M. on the Thursday next preceding the next regularly scheduled Commission meeting with the exception that the City Manager may approve late submittals deemed to be in the City's best interest by delivering the same to the Clerk of the Commission at the Municipal Building, 411 East Main Street, Bozeman, Montana, whereupon the Clerk of the Commission and the City Manager shall immediately arrange a list of such matters according to the order of business specified herein, and furnish each member of the Commission, City Manager, and City Attorney with a copy of the same prior to the Commission meeting on the Friday immediately preceding the next regularly scheduled Commission meeting. Copies of the agenda shall be available from the Clerk of the Commission and one copy shall be posted at the designated posting board in the Municipal Building for public viewing. Pursuant to ~ 71-1-4135 MCA, the City Commission designates as its official posting place the posting board in the lobby of the Municipal Building located at 411 East Main Street, Bozeman, Montana. V. OPEN MEETINGS Except as provided by law, all meetings of the City Commission shall be open to the public and the public is encouraged to participate. VI. MA YOR AND MA VOR PRO TEMPORE The presiding officer of the Commission shall be the Mayor. The presiding officer shall preserve strict order and decorum at all meetings of the Commission. The mayor shall assign each commissioner to a seat at the commission table as he may deem advisable. Upon passing the gavel, the mayor may move or second any item of business then before the commission. The Mayor 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 or order, subject, however to an appeal to the Commission, in which event a 05-04-92 .--- - ----- -,- -- -- .,---".- __...n_".._._... _.._n.__n. .-.--- - -..-... - 3 - EXHIBIT "A" majority vote of the Commission shall govern and conclusively determine such question or order. He shall vote on all questions, his name being called last. He shall sign all ordinances and resolutions adopted by the Commission during his presence. In the event of the absence of the Mayor, the Mayor Pre Tempore shall sign ordinances or resolutions as then adopted. VII. CALL TO ORDER The Mayor, or in his absence, the Mayor Pre Tempore, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Commission to order. In the absence of the Mayor or Mayor Pre Tempore, the Clerk of the Commission shall call the Commission to order, whereupon a temporary chairman shall be elected by the members of the Commission present. Upon the arrival of the Mayor or Mayor Pro Tempore, the temporary chairman shall relinquish the chair upon the conclusion of the agenda item immediately pending before the Commission. VIII. ROLL CALL A quorum shall consist of three Commissioners. The affirmative vote of three commissioners shall be necessary to adopt or reject any motion, resolution or ordinance, or pass any measure unless a greater number may be required by law. X. ORDER OF BUSINESS The City Manager shall prepare the Commission agenda which shall be in substantially the following form: 1. Roll Call 2. Pledge and Moment of Silence 3. Approval of Minutes 4. Scheduled Matters: (a) opening of bid; (b) petitions, remonstrances and communications; (c) ordinances and resolutions; (d) old and new business; (e) miscellaneous. 5. Consent items (consent items are those which staff considers no discussion is necessary. However at the beginning of each meeting, any Commissioner may request item(s) removed from the consent agenda for the purpose of discussion.) 6. Recess 7. Reconvene 05-04-92 . -- ----- .- .-.. ..----.---- . _..__.._.__.___ - ~. u"._____ -------.--...--..-..-.- .--.--. - 4 - EXHIBIT "A" 8. Public hearings 9. Public interest matters 10. Adjournment NOTE: Items not on the agenda may be discussed at the discretion of the commission, but NO action may be taken until formally placed upon an upcoming meeting's agenda. EXCEPTION: (Order may be adjusted by Commission consent.) XI. READING OF THE MINUTES Unless a reading of the minutes of a Commission meeting is requested by a member of the Commission, such minutes may be approved without reading if the Clerk of the Commission has previously furnished each member with a copy thereof. XII. RULES OF DEBATE 1. Every member desiring to speak shall address the Chair, and upon recognition by the presiding officer, shall confine himself to the question under debate, avoiding all personalities, argument and indecorous language. 2. A member, once recognized, shall not be interrupted when speaking unless it be to call him to order, or as herein otherwise provided. If a member, while speaking is called to order, he shall cease speaking until the question of order be determined, and, if in order, he shall be permitted to proceed. 3. Order of rotation in matters of debate or discussion shall be at the discretion of the Mayor. 4. a) A motion to reconsider any action taken by the Commission, except to re- open a closed public hearing, may be made only on the day such action was taken. It may 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 any member, and may be made at any time and have precedence over all other motions or while a member has the floor; it shall be debatable. b) Nothing herein shall be construed to prevent any member of the Commission from making or remaking the same or any other motion at a subsequent meeting of the Commission, but the matter must be an agenda item. 5. Any member of the Commission who has an interest as defined by the Code of Ethics previously adopted or as may be amended by the City Commission or as established 05-04-92 .-----.. ----.--- _______._n. _.... - 5 - EXHIBIT "AP by the laws of the State of Montana or as advised by the City Attorney shall not participate in the debate nor vote in that matter. Any Commissioner attempting to so participate may be censored by a majority vote of the remaining members of the City Commission. ("Censored" is defined as a formal resolution of the legislative body reprimanding a member for specified conduct. An official reprimand or condemnation. ") 6. After a motion, duly made and seconded, by the Commission, no person shall address the Commission without first securing the permission of the Chair. XIII. ORDER OF PRESENTATION AND PUBLIC PARTICIPATION 1. The procedure in which items are presented to the Commission shall be as follows: a. The City Manager shall present the agenda item to the Commission. b. The City Staff may present a background report on the matter for discussion. c. Comments from the applicant, or his agent, shall be heard by the Commission. d. After being recognized by the Chair, a Commissioner may direct questions to the staff or applicant. e. Members of the audience or their agent will be invited to present testimony or other evidence beginning with those in favor of the proposal, then from those opposing the proposal and then from anyone desiring to comment. To be recognized, each person desiring to give testimony shall step to the lectern and, after being recognized, give his name and address before testifying, commenting or presenting other evidence. f. After being recognized by the Chair, a Commissioner may direct questions to any person so testifying for purposes of clarification. g. Following public comment, the applicant and others shall be given the opportunity to rebut any testimony or other evidence. h. After being recognized by the Chair, a Commissioner may direct questions limited to the rebuttal testimony and evidence for clarification only. i. All testimony and evidence shall be directed to the chair. No person, other than a Commissioner and the person recognized as having the floor, shall be permitted to enter into any orderly and relevant discussion. No questions shall be asked of a 05-04-92 u. ._ ......-....- -.........---..- - -- -.. - 6 - EXHIBIT "A" Commissioner except through the presiding officer. j. In lieu of oral public comment, the Commission will recognize written commentary if timely submitted in a timelv manner. which may be read into the record or recognized by reference. k. The Commission may ask staff for its recommendation. I. The Commission may continue discussion to a date certain for hearing additional information as a governmental body, close discussion and vote on the matter, or close the discussion and continue the vote to a date certain. m. The presiding officer may limit the length of a speaker's presentation QI testimonv, provided all speakers similarlv situated are treated the same. 2. In the event the applicant does not appear at the scheduled time and place, unless he has waived his appearance in writing, and which waiver has been accepted by the Commission, or unless the matter is submitted as a consent item, the matter may be continued to the next public hearing date or other date certain. XIV. PUBLIC HEARINGS 1. The Commission may conduct public hearings and hear public interest matters, or may, if authorized by 10'1'1, appoint a hearing examiner to conduct the public hearing. 2. The procedure set forth in Paragraph XIII shall be used in all public hearings. For all public hearings involving land use decisions, the Commission will wait one week before making a decision unless it is unanimously waived by the Commission. This one week waitina Deriod can be extended onlv UDon motion and an affirmative vote of three Commissioners. 3. Witnesses may be required to testify under oath. 4. The Commission shall not be bound by the strict rules of evidence, but may exclude irrelevant, immaterial, incompetent or unduly repetitious testimony or evidence, 5. The Chair 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 Commission. 6. Following the presentation of all comments, testimony and evidence, the Commission may continue the hearing to a date certain to allow additional information to be 05-04-92 ---- ...--- ..----- . - - 7 - EXHIBIT "A" submitted to the Commission as a body on any unresolved issues, close the public hearing to debate the matter and vote, or continue debate and vote to a date certain. 7. A public hearing which has been formally closed may not be reopened and no additional evidence or testimony shall be received or considered If additional information is required before a decision can be made, the Commission upon motion duly made, seconded and passed, may call for an additional public hearing which hearing shall be duly noticed, specifying date, time place and subject matter of hearing. XV. DECORUM a. While the Commission is in a session, the 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 Commission nor disturb any member while speaking or refuse to obey the orders of the Commission or its presiding officer. b. Any person making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the Commission shall be forthwith barred from further audience with the Commission by the presiding officer, unless permission to continue be granted by a majority vote of the Commission. XVI. BOARDS, COMMISSIONS AN COMMITTEES Excepting those boards and commissions established by Statute, the Commission may create boards, commissions or committees as determined necessary. All City boards, commissions or committees will be established by the City Commission and members appointed following a public solicitation through the newspaper. Subcommittees of existing boards, commissions or committees may be appointed by the city commission without the necessity of public solicitation. Balloting for said board, commission or committee appointments shall occur at a regularly scheduled City Commission meeting. XVII. ORDINANCES AND RESOLUTIONS 1. Preparation of the Ordinance. All ordinances and resolutions shall be prepared or approved by the City Attorney. No ordinance or resolution shall be prepared for presentation 05-04-92 _ _______.m____ ---..-.- ....---- --~. ------.----- --------- -- . - 8 - EXHIBIT "A" to the Commission unless ordered by a majority vote of the Commission, requested by the City Manager or prepared by the City Attorney on his own initiative. 2. Staff Review. The ordinances and resolutions shall, before presentation to the Commission, be approved as to form and legality by the City Attorney and shall have been examined and approved for administration by the City Manager. All such instruments shall have first been referred to the head of the department under whose jurisdiction the administration of the subject matter of the ordinance or resolution would evolve and be approved by said department head; provided, however, that if the approval is not given, then the same shall be returned to the City Manager with a written memorandum as to the reason why such approval is withheld. In the event the question instrument is not redrafted to meet the department head objection, or objection is not withdrawn and approval in writing given, then the City Manager shall advise the Commission and give the reasons advanced by the department head for withholding approval. 3. Introduction and oassaae. Ordinances and resolutions must be introduced by a member of the Commission, City Manager or City Attorney; otherwise, ordinances or resolutions shall not be considered by the Commission. (a) A draft of the proposed ordinance or resolution shall be presented to the Commission for review and comment unless the Commission has considered the subiect matter of the orooosed ordinance in a different forum. with the public being notified of the proposed Jotion and invited to mJI(e Gomment. (b) If the draft ordinance is approved by the Commission, it shall then be placed on the agenda for first reading and provisional adoption, with second reading and final adoption occurring at least twelve (12) days after the first reading and provisional adoption. After being provisionally adopted, the ordinance shall be posted in a conspicuous place in the Municipal Building, 411 East Main Street, Bozeman, Montana, and copies thereof shall be available to the public from the Clerk of the Commission. The reading of the ordinance's title and number shall be sufficient to constitute a reading and an actual oral pronouncement of each work contained therein of the proposed ordinance or resolution is not required and shall be waived unless required by a majority vote of the City Commission. (c) All ordinances, except emergency ordinances, and resolutions shall become effective thirty (30) days after the second roa~iAg and final adoption. All resolutioAS and 05-04-92 -.----.-- . . .~ _____._n_____.. . . - 9 - EXHIBIT "An emergency ordinances shall become effective upon passage. PASSED AND ADOPTED by thc City Csmmission of tRC City of Bozcman, Mentano, this 19th aay of Juno 1989, aRe effeotive tt.le 1st doy af July 1989. Revised bv the Citv Commission of the Citv of Bozeman. Montana this 4th day Mav 1992. 05-04-92 ----- --..---. _._,-~_.- .--.-...-..