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HomeMy WebLinkAboutProvisional Adoption of Ordinance No. 1757, Rules of Procedure Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Stacy Ulmen, City Clerk Chris A. Kukulski, City Manager SUBJECT: Ordinance No. 1757, Revising Ordinance No. 1727, City Commission Rules of Procedure MEETING DATE: February 9, 2009 Meeting RECOMMENDATION: Consider revisions to Ordinance No. 1727, City Commission Rules of Procedure and provisionally adopt Ordinance No. 1757. BACKGROUND: On January 12, 2009 the Commission was presented the Draft Ordinance No. 1757 revising the City Commission Rules of Procedure. At that meeting, changes were suggested by the Commission who asked that they be researched and added before provisional adoption of the Ordinance. Following are the changes requested: • 2.04.020 Election – Term of Office – Bond It was discussed to have the bonding requirement investigated. Attorney Planalp agreed to strike the bonding requirement. He believes that this is not required according to the State Statute. MCA 7-4-4109, “Each officer of a city or town who is required to give bond shall file the bond…” suggests that it is up to the City to determine if a bond is required. • 2.04.040 Meetings, G. Policy Meetings: It was suggested to add the sentence “Public Comment may be received during the Policy Meeting in a manner at the discretion of the presiding officer.” and strike At the Commission’s discretion, public comment may be received during the policy meeting. • 2.04.040 Meetings, H. It was suggested to add a sentence pertaining to emergency meetings. Following is the suggested language: “In the event of an emergency situation, such as a storm, fire, explosion, community disaster, insurrection, act of God, or other potential destruction or impairment of City property that affects the health and safety of the residents, employees or the functions of the City, a meeting may be convened without notice”. • 2.04.090 Ordinances and Resolutions – Requirements, It was suggested to clarify the language regarding the signature requirements. Following is the suggested language to separate the signature and authentication of Ordinances and Resolutions. 55 D. “Every ordinance or resolution passed by the Commission shall be signed by the Mayor or two members and filed with the Clerk within 2 days and recorded”. MCA 7-3-4324. Procedure to enact ordinance or resolution. (1) Every ordinance or resolution passed by the commission shall be signed by the mayor or two members and filed with the clerk within 2 days and by him recorded. E. “Every ordinance or resolution passed by the Commission shall be authenticated by the signatures of the Mayor, or two Commissioners Deputy Mayor, and the City Clerk, and recorded in a book kept for that purpose”. MCA 7-3-4324. Presiding Officer who shall be the Mayor or the Procedure to enact ordinance or resolution. (5) Every ordinance or resolution, upon its final passage, shall be recorded in a book kept for that purpose and shall be authenticated by the signature of the presiding officer and the clerk of the commission. • 2.04.110 Agenda, It was suggested to add language regarding preparation of the agenda into B as follows: The City Manager shall prepare “The City Manager shall prepare the Commission meeting agenda. The City Manager may consult with the Mayor in preparing the agenda. The Mayor or any three Commissioners may request an item be added to the agenda.” the Commission regular meeting agenda which shall be in substantially the following form: It was suggested to add “if required” following these items under the Agenda structure: 3.Changes to the Agenda (if required), 4. Public Service Announcement (if required) and 8. Special Presentations (if required). • 2.04.160 RULES OF DEBATE, E. It was suggested to add the following sentence: “A Commissioner may rely upon the advice of the City Attorney as to whether the Commissioner has a conflict of interest and may participate in discussion and vote on a subject”. Attorney Planalp agrees with this language. • *Modify A.2 to read: “The Mayor will open the public hearing 2.04.170 ORDER OF PRESENTATION AND PUBLIC PARTICIPATION IN REGULAR MEETINGS will be opened *Add the following sentence as A.9: “Following applicant rebuttal and any further questions, the Mayor will close the Public Hearing and bring the agenda item to the dais for discussion, motion and vote”. prior to staff presentation. Upon conclusion of a staff report, Commissioners may ask questions for the purposes of understanding and clarification”. *Modify A.12 to read: 11.12. The City Clerk shall read *Modify A.13 to read: enter into the record all correspondence. 13.14. The Commission, upon the request of a Commissioner who is to be absent from a meeting at which a public hearing on a particular item of interest is scheduled, shall *Add K. “A City Commissioner has an obligation to vote unless there is a Conflict of Interest. In the event of a tie a Commissioner is required to vote after disclosing the conflict of interest”. Attorney Planalp stated that there is Case Law may reschedule the public hearing until a full Commission is present,..” 56 to back up the first sentence but feels that there needs to be more discussion on the second sentence. • 2.04.190 BOARDS, COMMISSIONS AND COMMITTEES It was suggested to strike C. For those new boards where initial appointments have been made for one year or less to create staggered terms, preference shall be given to reappointment of the incumbent. Due to the new location of City Hall, and revisions as set out in Ordinance No. 1737 pertaining to Policy Meetings adopted on January 28, 2008, and Ordinance No. 1738 pertaining to the Ending Time of Regular Meetings adopted on February 4, 2008, it is necessary to update Ordinance No. 1727, City Commission Rules of Procedure. In addition, the City Clerk’s Office received an opinion from Interim City Attorney Bob Planalp on December 5, 2008 regarding the Recording of Minutes of Executive Sessions of the City Commission. Attorney Planalp reiterated that according to Ordinance No. 1727, the City Clerk shall keep a journal of the proceedings of the Commission and that Minutes of all meetings shall be recorded. Attorney Planalp asked that the Clerk’s office develop an appropriate method and manner for recording the minutes and keep the executive session Minutes in a method and manner separate and apart from the minutes of public meetings. Other like municipalities were contacted regarding their procedures and research was conducted via the web. Language has been added pertaining to Executive Sessions under section 2.04.040 Meetings and 2.04.150 Minutes within the revised Ordinance No. 1757, City Commission Rules of Procedure. This language has been reviewed by legal. ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, __________________________________ ___________________________________ Stacy Ulmen, City Clerk Chris A. Kukulski, City Manager Attachments: Revised Draft Ordinance No.1757 Packet Material from January 12, 2009 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71