HomeMy WebLinkAboutProvisional Adoption of Ordinance No. 1807, Amending Rules of Procedure.pdfCommission Memorandum for Provisional Adoption of Ordinance 1807
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Greg Sullivan, City Attorney
SUBJECT: Provisional Adoption of Ordinance 1807: Amending the Commission Rule
of Procedure (Chpt. 2.04, Bozeman Municipal Code).
MEETING DATE: May 16, 2011.
AGENDA ITEM TYPE: Action.
RECOMMENDATION: Review this memorandum and the accompanying attachments and
provisionally adopt ordinance 1807.
BACKGROUND: At a work session held on December 6th, 2010 I brought before you
proposed changes to the your operating rules of procedure as currently provided for in Chapter
2.04 of the Bozeman Municipal Code (BMC). Based on your discussion during that meeting I
prepared the attached ordinance for your review and adoption.
As a preliminary note, in December I informed you that Bozeman City Commission rules of
procedure have been in effect for over three decades; unfortunately, due to the diligent work of
the City Clerk’s office, my statement was not accurate. For your historical enjoyment, you will
find attached the first Report on the Special Committee on Rules dated March 6, 1884.
It is now clear that over the past 117 years the city of Bozeman’s governing body has followed
specific rules of procedure; these rules have most certainly played an important role in the
administration of meetings and the conduct of the city’s business. Over time, these rules have
been amended and expanded upon as technological changes occurred and as new issues arose
related to the conduct of meetings and city business. The most recent amendment to the rules
occurred with the adoption of Ordinance 1757 on February 9, 2009.
Ordinance 1807 can be characterized as a cleanup and major reorganization of your operating
rules of procedure. As discussed below there are just a few substantive changes; most of the
proposed changes are stylistic. The reorganization of the chapter is depicted in the proposed
Table of Contents (See Section 1 of the ordinance).
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During last December’s work session you answered several questions I presented regarding the
proposed changes. Below I present the statement I provided in the 12/6/2010 staff memorandum
followed by the direction presented by the Commission at that work session shown in
bold/underline.
1. Consider adoption of a specific provision related to power/duty/appointment of liaisons
to city boards and committees. (See, e.g. Missoula rule 33). I have not provided any
specific provisions in the DRAFT; if directed to provide such additions, I suggest drafting
them to mirror current practices. The Commission appreciated the Mayor’s process
for appointments to boards and committees as conducted in early 2010. As such, the
ordinance does not provide any provisions related to how the commission appoints
its members to its boards and committees.
2. Filling vacancies on the Commission (See Missoula rule 32). Currently, the city follows
state law for filling of vacancies. Adoption of any specific local rules would need to
comport with state law. Similar to the above issue, the Commission’s discussion
focused on the statutory process used in 2010 to appoint Commissioner Andrus to
the commission position left vacant by Eric Bryson and determined that process was
adequate; as such, you chose not to create provisions in the BMC for filling such a
vacancy.
3. Reconsideration of a previous decision (see Missoula rule 20). See current DRAFT
2.04.160.D. After a brief discussion, the Commission chose to leave the existing
process in place.
4. Whether to mandate a Commissioner vote on a tie if a conflict of interest exists. See
DRAFT 2.04.140. The Commission briefly discussed whether to amend the BMC
provisions that guide reconsideration of a decision. See Section 11 (ordinance pg. 10
at 2.04.100.D). The Commission did not give any specific direction regarding this
provision. The discussion focused on the ability to have items previously decided
brought back up pursuant to a reconsideration motion and also to have three
commissioners or the Mayor put the item on a subsequent agenda pursuant to
2.04.050. As such, the process remains the same.
5. Consider whether to require that city appointed boards, agencies, committees, etc. follow
the Commission’s rules of procedure unless otherwise approved by the Commission. If
the Commission is interested in this type of approach I provide on pg. 13 of the DRAFT
possible language to include in the rules of procedure. The Commission’s discussion
resulted in two primary directives and provisions in the attached ordinance. First,
Section 18 of the Ordinance (ordinance at pg. 15) specifically requires quasi-judicial
boards to have City Commission adopted rules of procedures. Next, Section 19 of
the ordinance requires the City Attorney and City Clerk to prepare for City
Commission adoption a model Rules of Procedure and to have the City Clerk and
all staff liaisons within one year of this ordinance present to the City Commission
for its adoption rules for each appointed board, commission, and committee based
on the model.
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6. Currently, the rules do not address televising/streaming of meetings. The Commission
could consider whether to adopt provisions that address when meetings will be
televised/web streamed. Direction was given by the Commission to include a
provision requiring all meetings of the Commission to be televised and webcast
unless impracticable. Please see the proposed addition in Section 14 of the ordinance
(pg. 13 at 2.04.130.C).
Other Commission direction from 12/6/2010:
· The Commission determined not to pursue the use of Mason’s Manual of Legislative
Procedures opting instead to retain Robert’s Rules of Order. I will continue to review
Mason’s as time permits.
· The Commission had a lengthy discussion regarding whether to require public
comment during a work session. At the end of the discussion the collective direction
was to have the code continue to reflect the existing Commission discretion regarding
public comment during a work or policy session. The primary rationale was that all
commission meetings require a general public comment period. In addition, the
Commission also recognized that during the preparation of the agenda for a work or
policy session the Commission can include a specific public comment line item for direct
public participation in the work or policy session item.
Between your work session and provisional adoption I made the following additional
amendments for your consideration:
· I combined the “work session” and “policy meeting” provisions into one section. For all
intents and purposes those sections are currently identical. The amendments I propose to
this section required additional minor drafting. Please specifically review this section
(Section 8 of the ordinance at pg. 6 of the ordinance (2.04.070.D).
With your December 6, 2010 packet I provided a track changes/comment version of proposed
changes to Chpt. 2.04. That version, along with the staff memorandum from 12/6/2010 is again
attached for your reference.
UNRESOLVED ISSUES: None identified.
ALTERNATIVES: The Commission may accept the above suggestions, modify them, or
continue to operate under the rules of procedure as currently established.
FISCAL EFFECTS: None.
Attachments: Ordinance 1807 for Provisional Adoption Report of Special Committee Rules (March 6, 1884)
Staff Memorandum from December 6, 2010
DRAFT revisions to the Rules of Procedure as provided in 12/6/2010 commission packet
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Report compiled on: May 7, 2011
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ORDINANCE NO. 1807
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA PROVIDING THAT THE BOZEMAN
MUNICIPAL CODE BE AMENDED BY GENERALLY REVISING
CHAPTER 2.04 (CITY COMMISSION RULES OF PROCEDURE).
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman
Montana:
Section 1
That the table of contents for chapter 2.04 of the Bozeman Municipal Code shall be amended to
read as follows:
“Chapter 2.04
CITY COMMISSION
Sections:
2.04.010 Membership qualifications Oath of Office.
2.04.020 Election--Term of office—Bond Mayor and Deputy Mayor - Powers
and Duties.
2.04.030 Mayor and Deputy Mayor. City Clerk.
2.04.040 Regular and special meetings--Open to public. Parliamentary
Authority.
2.04.050 Voting. Meeting Agendas.
2.04.060 Clerk of the commission. Call to Order.
2.04.070 Salaries for mayor and commissioners. Meetings.
2.04.080 Powers and duties Order of Presentation/Public Participation.
2.04.090 Ordinances and resolutions—Requirements Quorum and Voting.
2.04.100 Form of government--Effect of other laws Rules of
Debate/Reconsideration/Conflict of Interest.
2.04.110 Open Meetings and Email.
2.04.120 Decorum.
2.04.130 Recording of Meeting and Minutes/Televising of Meetings.
2.04.140 Ordinances and Resolutions – Requirements.
2.04.150 Salary for Mayor and Commissioners.
2.04.160 Boards, Commissions, Agencies, and Committees.
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Section 2
That section 2.04.010 of the Bozeman Municipal Code shall be amended to read as follows:
“2.04.010 Membership Qualifications Oath of Office
The Commission of the City of Bozeman shall consist of Commissioners, who shall be elected as
provided in the Charter. They shall be registered voters whose principal residence is in the city
and have the qualifications of electors. Every person elected Commissioner shall, within ten days
thereafter, file with the City Clerk their oath of office which the Clerk shall then file with the
Gallatin County Clerk and Recorder.”
Section 3
That section 2.04.030 of the Bozeman Municipal Code shall be amended to read as follows:
“2.04.030020 Mayor and Deputy Mayor – Powers and Duties
A. 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 Mayor
presiding officer shall may assign each Commissioner to a seat at the commission table as the Mayor
presiding officer deems advisable. Upon passing the gavel, the Mayor presiding officer may move or
second any item of business then before the Commission. The Mayor 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 Mayor presiding officer shall vote on all questions with the
Mayor’s presiding officer’s name being called last. The Mayor shall sign all ordinances and
resolutions adopted by the Commission during his the Mayor’s presence within two days after the
Commission meeting at which they were adopted. In the event of the absence of the Mayor, the
Deputy Mayor or presiding officer shall sign ordinances or resolutions as then adopted.”
Section 4
That section 2.04.060 of the Bozeman Municipal Code shall be amended to read as follows:
“2.04.06030 City Clerk
The City Clerk shall, pursuant to 2.04.130, record all meetings of the Commission and shall
create Minutes keep the journal of the proceedings of the Commission and shall maintain all files and
records, including the record of all ordinances and resolutions, and perform such other duties as may
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be required of him by ordinance or resolution or order of the Commission, and he the City Clerk shall
be the custodian of the corporate seal of the city.”
Section 5
That section 2.04.100 of the Bozeman Municipal Code shall be amended to read as follows:
“2.04.100040 Robert’s Rules of Order Parliamentary Authority
A. Unless otherwise specifically provided herein or provided by statute, all meetings and
hearings of the Commission shall be conducted in accordance with this chapter. In all cases not
covered by this chapter, the controlling parliamentary authority shall be the latest edition of Robert's
Rules of Order, Newly Revised. , revised.”
Section 6
That section 2.04.110 of the Bozeman Municipal Code shall be amended to read as follows:
“2.04.110050 Meeting Agendas.
A. All reports, communications, ordinances, resolutions, contract documents or other
matters to be submitted to the Commission, shall be submitted to the City Clerk by no later than 5:00
P.M. on the Thursday immediately preceding the next scheduled Commission meeting, provided,
however, that the City Manager may approve late submittals deemed to be in the City's best interest
but only if the items are provided to the Commission and made available to the public at least 48
hours prior to the scheduled meeting time, excepting items of an emergency nature. The City Clerk,
the Mayor, and the City Manager shall 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 and the public through the city’s website with a copy of the agenda and packet of all
supporting information prior to the Commission meeting on no later than the Thursday 48 hours
immediately preceding the next scheduled Commission meeting for which that item has been
scheduled. Copies of the agenda shall be available from the City Clerk and one copy shall be posted
at the designated posting board in the Municipal Building City Hall for public viewing and made
available on the city’s website. Pursuant to Section 7-1-4135, MCA, the City Commission designates
as its official posting place the posting board in the lobby of the Municipal Building City Hall located
at 121 North Rouse, Bozeman, Montana.
B. The City Manager shall prepare the Commission regular meeting agenda. The City
Manager may and shall consult with the Mayor in preparing the agenda. The Mayor or any three
Commissioners may add to or remove request an item be added from to the agenda. The agenda
shall be in substantially the following form:
1. Executive Session (if required)
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2. Pledge and Moment of Silence
3. Changes to the Agenda (if required)
4. Public Service Announcement (if required)
5. Approval of Minutes
6. Consent items (consent items are those which staff considers
no discussion is necessary, including resolutions. However
at the beginning of each meeting, any Commissioner may
request item(s) be removed from the consent agenda for the
purpose of discussion.)
7. Public comment
8. Special Presentations (if required)
9. Action items
10. FYI/Discussion
11. 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.
The EXCEPTION: (O order of the above may be adjusted by the presiding officer.
Commission consent.)”
Section 7
That section 2.04.120 of the Bozeman Municipal Code shall be amended to read as follows:
“2.04.120060 CALL TO ORDER Call to Order.
The Mayor, or in his/her the Mayor’s absence, the Deputy Mayor, 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 Deputy Mayor, the City Clerk shall call the Commission to order,
whereupon a temporary chair presiding officer shall be elected by the members of the Commission
present. Upon the arrival of the Mayor or Deputy Mayor, the temporary chair presiding officer shall
relinquish the chair upon the conclusion of the agenda item immediately pending before the
Commission. The City Clerk shall enter the names of those Commissioners present in the minutes.”
Section 8
That section 2.04.040 of the Bozeman Municipal Code shall be amended to read as follows:
“2.04.040070 Meetings.
A. General/Regular Meetings:
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1. The City Commission shall hold its a regular meetings on each of the first four
Mondays of every month. The City Commission may hold a regular meeting on the fifth Monday of
the month. The Commission shall meet in regular session from 6:00 p.m. to no later than 10:00 p.m.
in the City Commission Room, City Hall, 121 North Rouse Ave. or in an alternative location as duly
noticed to the public., Bozeman, Montana. However, 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
may be held scheduled at the same hour on the next succeeding day not a holiday or the meeting may
be canceled by the Commission.
2. The time of the meeting may be extended beyond the time specified in
2.04.080.A.1 by the Mayor or a majority vote of the members of the Commission beyond the time
specified above should additional matters remain on the Commission docket or agenda.
3. Any meeting of the Commission 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.
4. The Mayor or majority of the Commission may cancel a regular meeting if no
business is scheduled for that meeting.
B. Public Hearings:
1. Public Hearings are meetings of the Commission required to be held as a public
hearing pursuant to law. The provisions of subsection A of this section apply to Public Hearings.
Public hearings shall be held in the City Commission Room, City Hall, 121 North Rouse, Bozeman,
Montana, or in an alternative location as duly noticed to the public.
2. Unless prohibited by law, a Any public hearing may be rescheduled or adjourned
to a later date and time.
C. Executive Sessions:
1. Executive Sessions are meetings of the Commission 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 may will be scheduled precede each meeting as required needed.
Although each Executive Session will commence as an open public meeting, Executive
Sessions will be used by the Commission solely for consideration of matters which will be
discussed may be closed to the public pursuant to authority and limitations in Title 2,
Chpt. 3, Part 2, 2.3.203, section 3 & 4 of MCA. An Executive Session may be called at
any time during any meeting if authorized by law. The public will be excluded from these
Executive Session discussions. If the need exists, additional Executive Sessions may be
scheduled at the end of all meetings.
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D. Work or Policy Ssessions:
1. Work sessions shall be held in the City Commission Room, City Hall, 121 North Rouse,
Bozeman, Montana, or in an alternative location as duly noticed to the public.
2. The Commission Work Sessions shall be scheduled as needed. Work or policy sessions are
meetings of the Commission to review forthcoming issues of import to the City, programs of the City,
receive progress reports on current programs or projects, view sites or community projects of
interest, or receive other similar information from the City Manager and staff. All discussions and
conclusions thereon shall be informal and no formal final action may be taken but the Commission
may give direction to staff regarding items to be scheduled for a future action. Work or policy
sessions provide an informal setting for discussion of topics for which no formal action is immediately
required. At the Commission’s discretion, public comment may be received during the work or policy
session. The Commission work or policy sessions may be scheduled as needed and may be held during
a regular meeting. The Commission is not bound by Robert's Rules of Order during work or policy
sessions.
E. Optional Concept Reviews: The Commission may, at the request of a landowner,
developer or other interested party considering the future submittal of a land use development
application, conduct a concept review. Concept review is an initial, informal exchange of ideas prior
to formal submittal of a land use development application. The Commission's decision on any
subsequently submitted formal application will be based on staff findings, the applicable criteria,
applicant presentation, evidence submitted and public testimony provided at a regular meeting or
public hearing. A final decision regarding any item discussed during a concept review may not be
based on information provided during the concept review. Formal public comment will be received
during review of a formal application; however, the Commission may, at its discretion, accept
questions and written comment from the public during the concept reviews. The Commission is not
bound by Robert's Rules of Order during concept reviews.
F. Optional Post Mortem Reviews: Post mortem review is a review by the Commission of a
previous decision but is not a reconsideration of a previous item. Following action on any matter, the
Commission may request a post mortem review to be scheduled at a the next work session
subsequent meeting to determine if revisions to code provisions or other procedural changes are
needed to address concerns raised during consideration of the particular agenda item. The
Commission is not bound by Robert's Rules of Order during optional post mortem reviews.
G. Policy Meetings: The Commission may periodically hold Policy Meetings. The frequency,
time, and location of such will be determined by the City Commission as set forth in Resolution.
Policy meetings provide an informal setting for discussion of policy issues for which no formal action
is immediately required. Public Comment shall be received during the Policy Meeting in a manner at
the discretion of the presiding officer. The Commission is not bound by Robert's Rules of Order
during policy sessions.
HG. Special Meetings: The Mayor, any two members of the Commission, or the
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City Manager may call special meetings of the Commission, upon at least twelve hours forty
eight (48) hours written notice to each member of the Commission and notice to the public by, at
a minimum, posting an agenda on the city’s website, personally served on each member or left at
his usual place of residence.
I. H. Emergency Meetings: 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 or business that affects the health and safety of the residents,
employees or the functions of the City, a meeting may be convened by a majority of the
Commission directing the City Manager to schedule a meeting without notice adhering to forty
eight (48) hour time limit. The City Clerk shall use reasonable efforts to inform the public of the
emergency meeting.
I. All meetings of the Commission shall be public and any citizen shall have access to the
minutes and records thereof at all reasonable times. The Commission shall determine its own
roles and order of business and shall keep a journal of its proceedings.”
Section 9
That section 2.04.170 of the Bozeman Municipal Code shall be amended to read as follows:
“2.04.170080 ORDER OF PRESENTATION AND PUBLIC PARTICIPATION IN
REGULAR MEETINGS Order of Presentation/Public Participation.
A. The procedure order of presentation in which items are presented to the
Commission shall be as follows:
1. The City Manager shall present the an agenda item to the
Commission.
2. The cCity sStaff may present a background report on the
matter for discussion. Upon conclusion of a staff report, Commissioners may
ask questions of staff for the purposes of understanding and clarification. If the
agenda item is a public hearing, the Mayor presiding officer will open the
public hearing prior to staff presentation. Upon conclusion of a staff report,
Commissioners may ask questions for the purposes of understanding and
clarification.
3. If applicable, cComments from the applicant, or his agent, shall
be heard by the Commission. The applicant’s presentation/testimony is limited,
subject to the discretion of the presiding officer, to ten (10) minutes.
4. After being recognized by the Chair presiding officer, a
Commissioner may direct questions to the staff or applicant.
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5. Members of the audience or their agent may be invited to
present testimony or other evidence. To be recognized, each person desiring
to give testimony or evidence shall step to the lectern podium and, after being
recognized, give his or her their name and address before testifying for the
recordcommenting or presenting other evidence. The audience
presentation/testimony is limited to three (3) minutes per speaker. The
pPresiding oOfficer may lengthen or shorten the time allotted for public
testimony.
6. After being recognized by the Chair presiding officer, a
Commissioner may direct questions to any person so testifying for purposes of
clarification.
7. Following public comment staff shall be given the opportunity
to comment on any testimony or other evidence.
8. 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.
9. If a public hearing, fFollowing applicant rebuttal and any
further questions, the Mayor presiding officer will close the PublichHearing
and bring the agenda item to the dais for discussion, motion and vote.
10. If a public hearing, Aafter being recognized by the Chair
presiding officer, a Commissioner may direct questions limited to the rebuttal
testimony and evidence.
11. The City Clerk shall enter into the record all correspondence
that has been received but was not yet provided to the Commission.
12. The Commission 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.
13. 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, may reschedule the public hearing until a full Commission
is present, unless precluded from doing so due to statutory time constraints.
B. All testimony and evidence shall be directed to the Chair presiding officer. No
person, other than a Commissioner and the person recognized as having the floor shall be permitted to
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enter into the discussion. No questions shall be asked of a Commissioner except through the
presiding officer.
C. The Commission may ask staff for its recommendation.
D. If a public hearing, iIn 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 by the Commission, or unless the matter is submitted as a consent item, the matter may
shall be continued to the next available regular meeting, public hearing date, or other date certain.
E. For all public hearings involving land use and annexation decisions, the
Commission will wait a minimum of one week before making a decision whenever requested by a
member of the Commission unless a decision is required due to a statute, ordinance or other law.
F. Commissioners are urged to state the reasons for their decisions, particularly on
land use issues; the record must reflect reasons findings regarding legal criteria for all quasi-judicial
decisions. involving zoning variances.
G. Witnesses may be required to testify under oath.
H. The Commission shall not be bound by the strict rules of evidence, but and may
exclude irrelevant, immaterial, incompetent or unduly repetitious testimony or evidence.
I. The Chair 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 Commission.
J. 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 herein. If additional information is required from the public 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 as required by law, specifying date, time place and
subject matter of hearing. This paragraph does not preclude the Commission, after the public hearing,
from asking questions of staff, receiving additional evidence from staff or, after a hearing held on a
preliminary plat, pursuant to Section 76-3-605 Title 76, Chpt. 3, M.C.A., from consulting the
subdivider about conditions or other mitigation required of the subdivider. Upon decision by the
presiding officer or upon a If the duly adopted motion is made of the Commission to reopen the
public hearing prior to close of the agenda item in which the hearing was closed 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.moving to the next agenda item.
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.”
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Section 10
That section 2.04.140 of the Bozeman Municipal Code shall be amended to read as follows:
“2.04.140090 QUORUM AND VOTING Quorum and Voting.
A quorum shall consist of three Commissioners. If a quorum is not present, those in
attendance shall be named and shall adjourn to a later time. The City Clerk shall reduce motions to
writing and, upon request, the City Clerk shall read the motion shall be read prior to the vote. The
affirmative vote of three Commissioners shall be necessary to adopt or reject any motion, resolution
or ordinance, or pass or fail any measure unless a greater number may be required by law. Upon
every vote, the ayes and nays shall be called and recorded. A City Commissioner has an obligation to
vote unless there is a conflict of interest. In the event of a tie vote a Commissioner is required to vote
after disclosing the conflict of interest pursuant to 2.04.100.E.”
Section 11
That section 2.04.160 of the Bozeman Municipal Code shall be amended to read as follows:
“2.04.160100 RULES OF DEBATE Rules of Debate/Reconsideration/Conflict of Interest
A. Every Commissioner desiring to speak shall address the Chair 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 Commissioner, once recognized, shall not be interrupted when speaking unless
it the Commissioner is to be called to order, or as herein otherwise provided. If a Commissioner,
while speaking is called to order, the Commissioner shall cease speaking until the question of order be
determined, and, if in order, the Commissioner shall be permitted to proceed.
C. Order of rotation in matters of debate or discussion shall be at the discretion of
the Mayor presiding officer.
D. Reconsideration of Previous Commission Action:
1. A motion to reconsider any action taken by the Commission 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 any
Commissioner, and may be made at any time and have precedence over all
other motions or while a Commissioner has the floor. It shall be debatable.2.
Nothing herein shall be construed to prevent any
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Commissioner from making or remaking the same or any other motion at a subsequent
meeting of the Commission, but the matter must be duly scheduled as an agenda item.
E. Conflict of Interest: A Commissioner may rely upon the advice of the City
Attorney as to whether the Commissioner has a conflict of interest pursuant to law. If the
Commissioner is advised that there is a conflict of interest, the Commissioner must shall excuse
recuse themselves himself/herself, step off the dais, and refrain from discussion and vote except in the
event of a tie vote when the Commissioner’s participation is necessary to obtain a quorum or
otherwise enable the Commission to act. In such a case, the Commissioner shall disclose the interest
creating the appearance of impropriety and comply with the disclosure requirements of Title 2, Chpt.
2, Part 1, MCA, prior to performing the official act.
F. After a motion, duly made and seconded, by the Commission, no person shall
address the Commission without first securing the permission of the Chair presiding officer.”
Section 12
That section 2.04.110 of the Bozeman Municipal Code shall be amended to read as follows:
“2.04.110 OPEN MEETINGS AND EMAIL Open Meetings and Email.
A. Except for properly-called executive sessions as permitted by state law, all meetings
of the City Commission 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.
B. A majority of the Commission shall not conduct synchronized email discussions
involving a matter over which the Commission has supervision, control, jurisdiction, or advisory
power. Synchronized email discussions are email exchanges among three or more Commissioners
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 three Commissioners sitting at their computers and instantly exchanging emails
concerning Ccity Bbusiness, whereas a passive receipt of information is where a Commissioner
receives an email and responds in the normal course of time similar to responding by letter
received in the mail. The Commission shall not view emails or other electronic communication
mechanisms concerning any matter on the agenda during a City Commission 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 Commission meeting. Emails
received by City Commissioners concerning an agenda item shall be forwarded to the City Clerk
be and retained in accordance with the City’s retention policy. or be forwarded to the City Clerk.
Section 13
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That section 2.04.180 of the Bozeman Municipal Code shall be amended to read as follows:
“2.04.180120 DECORUM Decorum.
A. While the Commission is in a session, the Commissioners must preserve order and
decorum, and a Commissioner 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 may 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.
C. The Commission shall not debate, in a heated or argumentative manner, with a
member of the public presenting testimony during a public hearing or regular meeting.
D. Speakers shall only address the agenda item before the Commission. Any person
speaking on an agenda item not before the Commission shall may be called out of order.”
Section 14
That section 2.04.150 of the Bozeman Municipal Code shall be amended to read as follows:
“2.04.150130 MINUTES Recording of Meetings and Minutes/Televising of Meetings.
A. AMinutes of all meetings of the Commission shall be electronically recorded and
the recording shall constitute the official record of the Commission meeting. The City Clerk shall
prepare a summary of all meetings from the recording to be known as the “Minutes” which shall be
maintained by the Clerk and approved by the Commission. It shall not be necessary to formally read
the Mminutes prior to approval. Such Mminutes may be revised by the City Clerk to correct spelling,
numbering and other such technical defects. Prior to approval, any Commissioner may, through the
Mayor or the Clerk, request the privilege of amending or correcting the Mminutes to accurately
reflect the substance of the prior meeting. If objection is made by any Commissioner member to such
amendment or correction, a majority vote of the Commission shall be necessary for adoption of the
correction or amendment. The audio or video recording may not be amended.
B. Executive Session Minutes
1. Executive sSessions minutes shall be recorded and Minutes prepared by the City
Clerk. The Commission shall and approved approve the Minutes of an executive session in
open session; provided, however that any discussion concerning the contents of the
minutes, prior to approval, shall be conducted in executive session. The City Clerk will
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distribute the draft eExecutive sSession Minutes to the Commission in a manner that
ensures and retains confidentiality.
2. Following approval of executive session Minutes by the Commission, tThe City Clerk
shall forward copies of all executive session Mminutes still held in
confidentiality to the City Attorney. The City Attorney shall review these Mminutes,
determining which, if any can be released to the public in whole or in part without
jeopardizing the need for confidentially, and advise the City Clerk. If the City Attorney
determines any Minutes from an executive session may be released, tThe City Clerk shall
then present a resolution to the Commission for adoption releasing the executive session
Mminutes, in whole or in part, as approved for release by the City Attorney. Those
executive session Mminutes to be released shall be designated by subject matter. Upon
adoption of the resolution, those Mminutes or portions of Mminutes approved for release
shall be placed in the minute books of the City Commission and available for public
inspection.
3. If a member of the public requests from the City Clerk access to executive session
Mminutes not yet released to the public as set forth above, the requestor shall submit a
Public Records Request to the City Clerk. The City Clerk shall consult with the City
Attorney on the subject matter as requested. The City Attorney shall advise the City Clerk
if the Mminutes can be released in complete or redacted form. If approved for release by
the City Attorney, a resolution releasing said either a complete or redacted Mminutes shall
be presented to the City Commission for adoption at their next regularly scheduled
meeting. Upon adoption of the resolution by the City Commission, the Mminutes shall be
released to the public as authorized.
C. Televising and broadcasting of meetings: Unless the City Commission determines
televising or webcasting of a meeting is impracticable all meetings of the Bozeman City
Commission shall be televised and webcast. Meetings of the Commission closed to the public
pursuant to law shall not be televised or webcast.”
Section 15
That section 2.04.090 of the Bozeman Municipal Code shall be amended to read as follows:
“2.04.090140 Ordinances and Resolutions – Requirements.
A. Each proposed ordinance or resolution shall be introduced in writing and shall not
contain more than one comprehensive subject, which shall be clearly stated in its title, except
ordinances for the codification and revision of ordinances and general appropriation ordinances
which may contain the various subjects and accounts for which monies are to be appropriated.
An ordinance must be adopted at two meetings of the governing body not less than twelve days
apart. After the first adoption and reading, it must be posted and copies made available to the
public Every ordinance or resolution passed by the Commission shall be filed immediately with
the City Clerk. The enacting clause of all ordinances passed by the City Commission shall be:
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"Be it ordained by the City Commission of the City of Bozeman."
B. No ordinance, unless it is declared an emergency, shall be passed upon the day on
which it shall be introduced, unless so ordered by an affirmative vote of four-fifths of the
members of the Commission. All ordinances shall be in effect from, and after, thirty days from
the date of their passage by the Commission, except as otherwise provided by law. All
resolutions are immediately effective unless a delayed effective date is specified in the resolution.
C. The Commission may, by an affirmative vote of four-fifths of its members, pass
emergency measures to take effect at the time indicated therein. An emergency measure is an
ordinance or resolution for the immediate preservation of the public peace, property, health, or
safety, or providing for the usual daily operation of a municipal department, in which the
emergency is set forth and defined in a preamble thereto.
D. Every ordinance or resolution passed by the Commission shall be signed by the
Mayor or two members, attested and filed with by the Clerk within 2 days and recorded.
E. Every ordinance or resolution passed by the Commission shall be authenticated by
the signatures of the Presiding Officer who shall be the Mayor or the Deputy Mayor, and the City
Clerk, and recorded in a book kept for that purpose.
FE. After a resolution is adopted, an ordinance is provisionally adopted (passed on first
reading), or an ordinance is finally adopted, the City Clerk shall make a copy available to the public
through the city’s website. For provisional and final adoption of ordinances, the City clerk shall
publish a notice of passage in a newspaper of general circulation. post the resolution or ordinance in
a conspicuous place in the Municipal Building, 121 North Rouse, Bozeman, Montana.”
Section 16
That section 2.04.070 of the Bozeman Municipal Code shall be renumbered as 2.04.150.
Section 17
That section 2.04.190 of the Bozeman Municipal Code shall be amended to read as follows:
“2.04.190160 BOARDS, COMMISSIONS AND COMMITTEES Boards, Commissions,
Agencies, and Committees.
A. In addition to boards, agencies, committees, and commissions established by
Statute law, the Commission may create boards, commissions, agencies, or committees as determined
necessary for the conduct of the city’s business.
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B. All City boards, commissions, agencies, or committees of the city will be
established by the City Commission and members appointed following a public solicitation
through the newspaper advertised posted not less than twice annually. Between public
solicitations for members, appointments may be made to fill unexpected vacancies or vacancies
not filled through the last round of advertisements from those applications on file as of the date of
appointment. Subcommittees of existing boards, commissions or committees may be appointed
by the City Commission without the necessity of public solicitation. Members shall be appointed
by a majority of the Commission for all appointments made by the City Commission. In the case
of statutorily authorized mayoral appointments, the Mayor shall seek the concurrence of at least
two other Commissioners.
C. The authority to vote despite a conflict included in 2.04.160.E shall not apply to
any appointed board, commission, agency, or committee.
D. All quasi-judicial boards shall have governing Rules of Procedure to be approved by
the Commission and said rules shall be in substantial conformance with law and this chapter.”
Section 18
That the City Clerk and City Attorney shall prepare a model Rules of Procedures for all appointed
city boards, commissions, agencies, and committees to be approved and adopted by the Commission
through resolution. The model Rules of Procedure shall substantially comport with Chapter 2.04,
BMC. Within one year of the effective date of this ordinance the City Clerk and every staff liaison
shall present to the Commission for amendment or adoption by-laws or other adopted operating rules,
resolutions, or ordinances conforming to such model rules.
Section 19
Codification Instruction
Sections 1 – 17 of this Ordinance shall be codified as indicated herein.
Section 20
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.
Specifically, current sections 2.04.050, 2.04.080 and 2.04.130 are hereby repealed by this ordinance.
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Section 21
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.
Section 22
Severability
If any part of this ordinance is invalid, all valid parts that are severable from the invalid part
remain in effect. If a part of this ordinance is invalid in one or more of its applications, the part
remains in effect in all valid applications that are severable from the invalid application.
Section 23
Effective Date
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana on second reading at a regular session thereof held on the 9th day of May, 2011.
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____________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
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
______________, 2011. The effective date of this ordinance is the ______ day of _________, 2011.
__________________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM
__________________________________________
GREG SULLIVAN
City Attorney
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55
Report to Commission RE: work session regarding possible amendments to the City Commission Rules of
Procedure (Title 2, Chpt. 4, Bozeman Municipal Code (BMC).
Page 1 of 3
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Greg Sullivan, City Attorney
REVIEWED BY: Chris Kukulski, City Manager
SUBJECT: Work session regarding possible amendments to the City Commission
Rules of Procedure (Title 2, Chpt. 4, Bozeman Municipal Code (BMC).
MEETING DATE: December 6, 2010
AGENDA ITEM TYPE: Work Session
RECOMMENDATION: Review this memorandum and attached documents in preparation for
a work session on the Commission’s rules of procedure and after discussion provide direction on
moving forward with amendments to the rules of procedure. If the Commission is inclined to
move forward with amendments we ask you set a date in January for a decision on preliminary
adoption of an ordinance amending the rules of procedure.
BACKGROUND: Bozeman City Commission rules of procedure have been in effect for over
three decades and play an important role in the administration of meetings and the conduct of
Commission business. Over time, these rules have been amended and expanded upon as
technological changes occurred and as new issues arose related to the conduct of meetings and
city business. The most recent amendment to the rules occurred with the adoption of Ordinance
1757 on February 9, 2009. Now, after assisting the Commission in its operation under these
rules, I believe there are numerous items which should be “cleaned up” and other issues the
Commission may want to consider.
The attached DRAFT amendments to Chpt. 2.04, BMC, provide many proposed changes to the
rules. Many suggested amendments are stylistic. Some amendments are “clean up.” Others are
substantive. As you will see when reviewing the proposed amendments, most are clearly self-
explanatory. Where I felt comment was necessary for you to understand my rationale for a
proposed change I added a bubble comment to the DRAFT.
I also provide rules of procedure adopted by governing bodies from other jurisdictions for your
review and comparison. These include: adopted rules for the city of Missoula and the city of
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Report to Commission RE: work session regarding possible amendments to the City Commission Rules of
Procedure (Title 2, Chpt. 4, Bozeman Municipal Code (BMC).
Page 2 of 3
Billings; a draft of revisions to the city of Boulder, Colorado rules of procedure; and a model
Council Rules of Procedure developed by MSU’s Local Government Center.
I approached these revisions from the perspective of amending the current rules rather than
recommending the Commission adopt a new set of procedural rules. The Commission may, after
review and discussion, instruct me to prepare an alternative set of rules for your consideration.
While this is not my recommendation, I wanted to provide you this opportunity for
consideration.
The remainder of this report provides information on two main topics: a proposed reorganization
and a list of additional issues the Commission may wish to consider.
I. Reorganization: The current organization of these rules could be improved upon. As
such, I suggest the following as the primary organizational structure:
i. Oath of Office
ii. Powers and Duties
iii. Mayor and Deputy Mayor
iv. City Clerk
v. Parliamentary Authority
vi. Agenda
vii. Call to Order
viii. Listing of Attendance (to be combined with Call to Order)
ix. Meetings
x. Order of Presentation and Public Participation in Regular Meetings
xi. Quorum and Voting
xii. Rules of Debate/Reconsideration/Conflict of Interest
xiii. Open Meetings and Email
xiv. Decorum
xv. Recording of Meetings and Minutes
xvi. Boards, Commissions, and Committees
II. Other suggested items for Commission consideration:
a. Consider adoption of a specific provision related to power/duty/appointment of
liaisons to city boards and committees. (See, e.g. Missoula rule 33). I have not
provided any specific provisions in the DRAFT; if directed to provide such
additions, I suggest drafting them to mirror current practices.
b. Filling vacancies on the Commission (See Missoula rule 32). Currently, the city
follows state law for filling of vacancies. Adoption of any specific local rules
would need to comport with state law.
c. Reconsideration of a previous decision (see Missoula rule 20). See current
DRAFT 2.04.160.D.
d. Whether to mandate a Commissioner vote on a tie if a conflict of interest exists.
See DRAFT 2.04.140.
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Report to Commission RE: work session regarding possible amendments to the City Commission Rules of
Procedure (Title 2, Chpt. 4, Bozeman Municipal Code (BMC).
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e. Consider whether to require that city appointed boards, agencies, committees, etc.
follow the Commission’s rules of procedure unless otherwise approved by the
Commission. If the Commission is interested in this type of approach I provide
on pg. 13 of the DRAFT possible language to include in the rules of procedure.
f. Currently, the rules do not address televising/streaming of meetings. The
Commission could consider whether to adopt provisions that address when
meetings will be televised/web streamed.
UNRESOLVED ISSUES: To be identified during the work session.
ALTERNATIVES: The Commission may accept the above suggestions, modify them, or
continue to operate under the rules of procedure as currently established. In addition, the
Commission could determine it is interested in a completely different approach to the rules based
on the samples provided.
FISCAL EFFECTS: None. There will be staff time involved in bringing forth any amendments
to the Bozeman Municipal Code and publishing the changes.
Attachments:
DRAFT REVISION to Title 2, Chpt. 4, BMC (Rules of Procedure)
MSU Local Government Center Model Rules of Procedure
Missoula City Council Rules of Procedure
Billings City Council Rules of Procedure
Boulder, CO Council Rules of Procedure
Report compiled on: November 24, 2010
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DRAFT Amendments to Rules of Procedure: Version December 6 2010 Work Session
Page 1 of 13
DRAFT Proposed Amendments to Chpt. 2.04, BMC
December 6, 2010 City Commission Work Session
Suggested additions to text shown in underline. Deletions shown as strikeouts.
2.04.010 Membership Qualifications
The Commission of the City of Bozeman shall consist of Commissioners, who shall be elected as
provided in the Charter. They shall be registered voters whose principal residence is in the city
and have the qualifications of electors.
2.04.020 Election – Term Oath of Office
A. Commissioners shall be elected as provided in the Charter.
B.A Every person elected Commissioner shall, within ten days thereafter, file with the
City Clerk their oath of office which shall be filed with the Gallatin County Clerk and Recorder
of Gallatin County.
2.04.030 Mayor and Deputy Mayor – Powers and Duties
A. 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 Mayor
presiding officer shall may assign each Commissioner to a seat at the commission table as the Mayor
presiding officer deems advisable. Upon passing the gavel, the Mayor presiding officer may move or
second any item of business then before the Commission. The Mayor 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 Mayor presiding officer shall vote on all questions with the
Mayor's presiding officer’s name being called last. The Mayor shall sign all ordinances and
resolutions adopted by the Commission during his the Mayor’s presence within two days after the
Commission meeting at which they were adopted. In the event of the absence of the Mayor, the
Deputy Mayor or presiding officer shall sign ordinances or resolutions as then adopted.
2.04.040 Meetings
A. General/Regular Meetings:
1. The City Commission shall hold its a regular meetings on each of the first four
Mondays of every month. The City Commission may hold a regular meeting on the fifth Monday of
Comment [g1]: I suggest deleting this
entire section as Sect. 2.02 of the Charter
directly addresses qualifications for mayor
and commission office.
Comment [g2]: I suggest amending
this section to remove the “election” and
“term of office” provisions as those
duplicate the provisions in the charter. It is
not necessary to keep them in the
municipal code. I suggest amending this
section to be titled “Oath of Office” as this
would be the only provision remaining in
this section. The Charter does not address
the requirement to take an “oath” although
state statutory provisions require an oath.
Comment [g3]: The clerk tends to this
in practice. An amendment is not
necessary to allow the Mayor to delegate
this duty to the city clerk. I suggest leaving
it as is.
Comment [g4]: This is a short time
frame. There is no legal requirement for
such a short time frame and in practice
additional time is needed.
Comment [g5]: I have not attempted
to rewrite this entire section; however, I
could combine many of the provisions into
a section called something similar to
“provisions applicable to all meetings”
and then have each type of meeting with
only a few special provisions. We can discuss this during the work session.
Comment [g6]: Please consider
whether to amend this to “may” to allow
the current or a future commission to
change the number of meetings per month
without a change to the code. If the Commission is interested in such an
amendment the second sentence of this section will need to be adjusted.
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the month. The Commission shall meet in regular session from 6:00 p.m. to no later than 10:00 p.m.
in the City Commission Room, City Hall, 121 North Rouse Ave.., Bozeman, Montana. However,
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 may be held scheduled at the same hour on the next
succeeding day not a holiday or the meeting may be canceled by the Commission.
2. The time of the meeting may be extended beyond the time specified above by the
Mayor or a majority vote of the members of the Commission beyond the time specified above should
additional matters remain on the Commission docket or agenda.
3. Any meeting of the Commission 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.
4. The Mayor or majority of the Commission may cancel a regular meeting if no
business is scheduled for that meeting.
5. All meetings of the Commission shall be held in the City Commission Room,
City Hall, 121 North Rouse, Bozeman, Montana, or in an alternative location as duly noticed to the
public.
B. Public Hearings:
1. Public Hearings are meetings of the Commission required to be held as a public
hearing pursuant to law. Public hearings shall be held in the City Commission Room, City Hall, 121
North Rouse, Bozeman, Montana, or in an alternative location as duly noticed to the public.
2. Unless prohibited by law, aAny public hearing may be rescheduled or adjourned
to a later date and time.
C. Executive Sessions:
1. Executive Sessions are meetings of the Commission 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 may will be scheduled precede each meeting as requiredneeded.
Although each Executive Session will commence as an open public meeting, Executive
Sessions will be used by the Commission solely for consideration of matters which will
be discussedmay be closed to the public pursuant to authority and limitations in Title 2,
Chpt. 3, Part 22.3.203, section 3 & 4 of ,MCA. An Executive Session may be called at
any time during any meeting if authorized by law. The public will be excluded from
these Executive Session discussions. If the need exists, additional Executive Sessions
may be scheduled at the end of all meetings.
D. Work Ssessions:
Comment [g7]: When the final format
is agreed upon I will make sure to cite the
code section rather than say “above.”
Comment [g8]: Whether to grant this
authority to the Mayor or hold it to the entire Commission is up to the
Commission.
Comment [g9]: These are the only two
legal justifications for conducting an “executive session.”
Comment [g10]: The Commission
could consider combining the “work session” with a “policy meeting” as the
difference between the two is minimal, if any.
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1. Work sessions shall be held in the City Commission Room, City Hall, 121 North Rouse,
Bozeman, Montana, or in an alternative location as duly noticed to the public.
2. The Commission Work Sessions shall be scheduled as needed. Work sessions are
meetings of the Commission to review forthcoming programs of the City, receive progress reports on
current programs or projects, view sites or community projects of interest, or receive other similar
information from the City Manager. All discussions and conclusions thereon shall be informal and
no formal final action may be taken but the Commission may give policy direction to staff regarding
items to be scheduled for a future action. Work sessions provide an informal setting for discussion
of topics for which no formal action is immediately required. At the Commission’s discretion,
public comment may be received during the work session. The Commission Work Sessions may be
scheduled as needed.
3. The Commission is not bound by Robert's Rules of Order during work sessions.
E. Optional Concept Reviews: The Commission may, at the request of a landowner,
developer or other interested party considering the future submittal of a land use development
application, conduct a concept review. Concept review is an initial, informal exchange of ideas prior
to formal submittal of a land use development application. The Commission's decision on any
formal application will be based on staff findings, the applicable criteria, applicant presentation,
evidence submitted and public testimony provided at a regular meeting or public hearing. A final
decision regarding any item discussed during a concept review may not be based on information
provided during the concept review. Formal public comment will be received during review of a
formal application; however, the Commission may, at its discretion, accept questions and written
comment from the public during the concept reviews. The Commission is not bound by Robert's
Rules of Order during concept reviews.
F. Optional Post Mortem Reviews: Post mortem review is a review by the Commission of a
previous decision but is not a reconsideration of a previous item. Following action on any matter,
the Commission may request a post mortem review to be scheduled at a the next work
sessionsubsequent meeting, to determine if revisions to code provisions or other procedural changes
are needed to address concerns raised during consideration of the particular agenda item. The
Commission is not bound by Robert's Rules of Order during optional post mortem reviews.
G. Policy Meetings: The Commission may periodically hold Policy Meetings. The
frequency, time, and location of such will be determined by the City Commission as set forth in
Resolution. Policy meetings provide an informal setting for discussion of policy issues for which no
formal action is immediately required. Public Comment shall be received during the Policy Meeting
in a manner at the discretion of the presiding officer. The Commission is not bound by Robert's
Rules of Order during policy sessions.
H. Special Meetings: The Mayor, any two members of the Commission, or the City
Manager may call special meetings of the Commission, upon at least twelve hoursforty eight
(48) hours written notice to each member of the Commission and notice to the public by, at a
minimum, posting an agenda on the city’s website, , personally served on each member or left at
Comment [g11]: Whenever a meeting
occurs, the Commission must allow for
general public comment. This general
comment will always be part of the
meeting agenda. This specific provision
grants the Commission discretion whether
to allow public comment during a work session.
Comment [g12]: You will see each reference to Robert’s Rules of Order
highlighted in yellow. My purpose in doing so is to identify each code reference
to Robert’s Rules. I suggest the
Commission consider adoption of a
different standard for running meetings:
Mason’s Manual of Legislative
Procedure. This manual is used by other
cities in Montana. I purchased a copy and
have provided the copy to the Mayor for
review.
Comment [g13]: These repeated
references to not being bound to Robert’s
during policy meetings, port mortem
reviews, special meetings, etc. can be
combined into one provision.
Comment [g14]: It is important to
note the current rule does NOT require a majority to call a special meeting.
Comment [g15]: There is general
consensus throughout the state that 48
hours is the minimum length of time for
notice to be given to the public to have a
meaningful opportunity to know and participate in a meeting of a public body.
See the next section for “emergency meetings.”
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his usual place of residence..
I. Emergency Meetings: 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 or business that affects the health and safety of the residents,
employees or the functions of the City, a meeting may be convened by a majority of the
Commission directing the City Manager to schedule a meeting without noticeadhering to forty
eight (48) hour time limit. The City Clerk shall use reasonable efforts to inform the public of the
emergency meeting. .
I. All meetings of the Commission shall be public and any citizen shall have access to
the minutes and records thereof at all reasonable times. The Commission shall determine its
own roles and order of business and shall keep a journal of its proceedings.
2.04.050 Voting
Three Commissioners shall constitute a quorum, and 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 is provided for by law. Upon every vote, the ayes and nays shall be
called and recorded.
2.04.060 City Clerk
The City Clerk shall keep the journal of the proceedings of the Commission and all files and
records, including the record of all ordinances and resolutions, and perform such other duties as may
be required of him by ordinance or resolution or order of the Commission, and he the City Clerk
shall be the custodian of the corporate seal of the city.
2.04.070 Salaries for Mayor and Commissioners
The salary of each Commissioner shall be established by ordinance, and the salary of the
Commissioner acting as Mayor shall be one and one-half times that of the other Commissioners.
2.04.080 Powers and Duties
The Commission shall constitute the governing body, with power to make and pass all
bylaws, ordinances, orders, and resolutions not repugnant to the Constitution of the United States or
of the State of Montana, to the Charter, or to the provisions of Title 7 of Montana Code Annotated,
necessary for the government or management of the affairs of the city, for execution of the powers
vested in the corporate, and to carry into effect the provisions of Title 7 of Montana Code Annotated
and to appoint a chief administrative officer to be known as the "City Manager," and to exercise all
the powers conferred on it by Title 7, Chapter 3, Part 7, of Montana Code Annotated, as amended,
and shall have all the powers conferred by law upon City Councils insofar as the same is not
inconsistent with said part.
Comment [g16]: This is not necessary
as these items are covered elsewhere in the rules.
Comment [g17]: I suggest deleting
this section. See explanation at 2.04.140. .
Comment [g18]: The Charter requires
the annual salary to be established “by
ordinance.” See Charter, Sect. 2.04.
Comment [g19]: This entire section
can be deleted as it is covered by the
Charter (see Art. II; moreover, the
references to Title 7, MCA, are not
necessary as Title 7 provides for the authority of the governing body of a
Charter government. The municipal code does not need to reflect this authority.
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2.04.090 Ordinances and Resolutions – Requirements
A. Each proposed ordinance or resolution shall be introduced in writing and shall
not contain more than one comprehensive subject, which shall be clearly stated in its title,
except ordinances for the codification and revision of ordinances and general appropriation
ordinances which may contain the various subjects and accounts for which monies are to be
appropriated. An ordinance must be adopted at two meetings of the governing body not less
than twelve days apart. After the first adoption and reading, it must be posted and copies made
available to the public. Every ordinance or resolution passed by the Commission shall be filed
immediately with the City Clerk. The enacting clause of all ordinances passed by the City
Commission shall be:
"Be it ordained by the City Commission of the City of Bozeman."
B. No ordinance, unless it is declared an emergency, shall be passed upon the day on
which it shall be introduced, unless so ordered by an affirmative vote of four-fifths of the
members of the Commission. All ordinances shall be in effect from, and after, thirty days from
the date of their passage by the Commission, except as otherwise provided by law. All
resolutions are immediately effective unless a delayed effective date is specified in the
resolution.
C. The Commission may, by an affirmative vote of four-fifths of its members, pass
emergency measures to take effect at the time indicated therein. An emergency measure is an
ordinance or resolution for the immediate preservation of the public peace, property, health, or
safety, or providing for the usual daily operation of a municipal department, in which the
emergency is set forth and defined in a preamble thereto.
D. Every ordinance or resolution passed by the Commission shall be signed by the
Mayor or two members, attested and filed with by the Clerk within 2 days and recorded.
= E. Every ordinance or resolution passed by the Commission shall be authenticated
by the signatures of the Presiding Officer who shall be the Mayor or the Deputy Mayor, and the
City Clerk, and recorded in a book kept for that purpose.
F. After a resolution is adopted, an ordinance is provisionally adopted (passed on first
reading), or an ordinance is finally adopted, the City Clerk shall make a copy available to the public
through the city’s website. For provisional and final adoption of ordinances, the City clerk shall
publish a notice of passage in a newspaper of general circulation. post the resolution or ordinance in
a conspicuous place in the Municipal Building, 121 North Rouse, Bozeman, Montana.
2.04.100 Robert’s Rules of OrderParliamentary Authority
A. Unless otherwise specifically provided herein or provided by statute, all All meetings
and hearings of the Commission shall be conducted in accordance with this chapter. In all cases not
Comment [g20]: This phrase direct
recites Sect. 7-5-103(1), (2), MCA.
Comment [g21]: See 7-5-103(3),
MCA.
Comment [g22]: The first sentence of
subsection (B) covers the same topic as
subsection (C). The second and third
sentences of subsection (B) address the
30-day wait period after second reading.
See 7-5-105, MCA.
Comment [g23]: See the comment
above at Sect. 2.04.030.
Field Code Changed
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covered by this chapter, the controlling parliamentary authority shall be the latest edition of Robert's
Rules of Order, Newly Revised. , revised.
2.04.110 Meeting Agendas
A. All reports, communications, ordinances, resolutions, contract documents or other
matters to be submitted to the Commission, shall be submitted to the City Clerk by no later than 5:00
P.M. on the Thursday immediately preceding the next scheduled Commission meeting, provided,
however, that the City Manager may approve late submittals deemed to be in the City's best interest
only if the items are provided to the Commission and made available to the public at least 48 hours
prior to the scheduled meeting time, excepting items of an emergency nature. The City Clerk, the
Mayor, and the City Manager shall 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, and
the public through the city’s website with a copy of the agenda and packet ofall supporting
information prior to the Commission meeting on no later than the Thursday48 hours immediately
preceding the next scheduled Commission meeting. Copies of the agenda shall be available from the
City Clerk and one copy shall be posted at the designated posting board in the Municipal
BuildingCity Hall for public viewing and made available on the city’s website. Pursuant to Section
7-1-4135, MCA, the City Commission designates as its official posting place the posting board in the
lobby of the Municipal BuildingCity Hall located at 121 North Rouse, Bozeman, Montana.
B. The City Manager shall prepare the Commission regular meeting agenda . The
City Manager may and shall consult with the Mayor in preparing the agenda. The Mayor or any
three Commissioners may add to or remove request an item be added from to the agenda. The
agenda shall be in substantially the following form:
1. Executive Session (if required)
2. Pledge and Moment of Silence
3. Changes to the Agenda (if required)
4. Public Service Announcement (if required)
5. Approval of Minutes
6. Consent items (consent items are those which staff considers
no discussion is necessary, including resolutions. However
at the beginning of each meeting, any Commissioner may
request item(s) be removed from the consent agenda for the
purpose of discussion.)
7. Public comment
8. Special Presentations (if required)
9. Action items
10. FYI/Discussion
11. 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.
Comment [g24]: Add per suggestion from codifier at FN23.
Comment [g25]: See comment above at section 2.04.040.D regarding whether to
use Mason’s Manual rather than Roberts.
Comment [g26]: The suggested edit here is designed to recognize the current
agenda timeline but to maintain maximum
flexibility in the timing of when
information is provided to the
Commission. As such, I suggest the
Commission refrain from creating a code
provision that requires the current
timeframe for submittal of agenda items.
Comment [g27]: Many local
government attorneys in Montana feel 48
hours is the minimal amount of time for
information to be available to the public
prior to an elected body acting on an
agenda item except for emergency actions.
As such, I suggest adding this timeframe.
Comment [g28]: I suggest deleting
this as it may run afoul of the public’s
notice and opportunity to participate. In
addition, the Commission’s practice is to refrain from addressing items unless they
are on the agenda in any manner greater than what occurs during FYI/Discussion.
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TheEXCEPTION: (oOrder of the above may be adjusted by the presiding officer.
Commission consent.)
2.04.110 OpenPEN MeetingsEETINGS AND and EmailMAIL
A. Except for properly-called executive sessions as permitted by state law, all meetings
of the City Commission 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.
B. A majority of the Commission shall not conduct synchronized email discussions
involving a matter over which the Commission has supervision, control, jurisdiction, or advisory
power. Synchronized email discussions are email exchanges among three or more
Commissioners 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 three Commissioners sitting at their computers and
instantly exchanging emails concerning City Business, whereas a passive receipt of information
is where a Commissioner receives an email and responds in the normal course of time similar to
responding by letter received in the mail. The Commission shall not view emails or other
electronic communication mechanisms concerning any matter on the agenda during a City
Commission 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 Commission meeting. Emails received by City Commissioners concerning an agenda
item shall be forwarded to the City Clerk be and retained in accordance with the City’s retention
policy. or be forwarded to the City Clerk.
2.04.120 CallALL toTO OrderRDER
The Mayor, or in his/herthe Mayor’s absence, the Deputy Mayor, 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 Deputy Mayor, the City Clerk shall call the Commission to order,
whereupon a temporary chair presiding officer shall be elected by the members of the Commission
present. Upon the arrival of the Mayor or Deputy Mayor, the temporary chairpresiding officer shall
relinquish the chair upon the conclusion of the agenda item immediately pending before the
Commission. The City Clerk shall enter the names of those Commissioners present in the minutes.
2.04.130 LISTING OF ATTENDANCE
The City Clerk shall enter the names of those Commissioners present in the minutes.
Comment [g29]: Combined with Call
to Order.
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2.04.140 QuorumUORUM AND and VotingOTING
A quorum shall consist of three Commissioners. If a quorum is not present, those in
attendance shall be named and shall adjourn to a later time. The City Clerk shall reduce motions to
writing and, upon request, the City Clerk shall read the motion shall be read prior to the vote. The
affirmative vote of three Commissioners shall be necessary to adopt any motion, resolution or
ordinance, or pass any measure unless a greater number may be required by law. Upon every vote,
the ayes and nays shall be called and recorded.
A City Commissioner has an obligation to vote unless there is a conflict of interest. Subject to
2.04.XXX, in the event of a tie a Commissioner is required to vote after disclosing the conflict of
interest.
2.04.150 Recording of Meetings and MinutesINUTES
A. AMinutes of all meetings of the Commission shall be electronically recorded and
the recording shall constitute the official record of Commission proceeding. The City Clerk shall
prepare a summary of all meetings from the recording to be known as the “Minutes” shallwhich
shall be maintained by the Clerk and approved by the Commission. It shall not be necessary to
formally read the Mminutes prior to approval. Such Mminutes may be revised by the City Clerk to
correct spelling, numbering and other such technical defects. Prior to approval, any Commissioner
may, through the Mayor or the Clerk, request the privilege of amending or correcting the Mminutes
to accurately reflect the substance of the prior meeting. If objection is made by any Commissioner
member to such amendment or correction, a majority vote of the Commission shall be necessary for
adoption of the correction or amendment.
B. Executive Session Minutes
1. Executive sSessions minutes shall be recorded and Minutes prepared by the City
Clerk. The Commission shall and approvedapprove the Minutes of an executive session
in open session; provided, however that any discussion concerning the contents of the
minutes, prior to approval, shall be conducted in executive session. The City Clerk will
distribute the draft eExecutive sSession Minutes to the Commission in a manner that
ensures and retains confidentiality.
2. Following approval of executive session Minutes by the Commission, tThe City
Clerk shall forward copies of all executive session Mminutes still held in
confidentiality to the City Attorney. The City Attorney shall review these Mminutes,
determining which, if any can be released to the public in whole or in part without
jeopardizing the need for confidentially, and advise the City Clerk. If the City Attorney
determines any Minutes from an executive session may be released, tThe City Clerk shall
then present a resolution to the Commission for adoption releasing the executive session
Mminutes, in whole or in part, as approved for release by the City Attorney. Those
executive session Mminutes to be released shall be designated by subject matter. Upon
adoption of the resolution, those Mminutes or portions of Mminutes approved for release
Comment [g30]: Delete .050 in favor
of this provision. I do not know why the
code has two sections related to the same
subject matter. I suggest deletion of
section .050 as the same topics are
covered to a greater detail in .140 and
address to a greater degree the
Commission’s current practice. The only
substantive difference between the two
provisions is the inclusion of the phrase
“or reject” in .050. See italics in .050, above. I do not believe this phrase is
necessary based on standard parliamentary procedure: if a positive motion is made
and defeated the measure is effectively
“rejected.”
Comment [g31]: This provision was
previously located at 2.04.170.K. I moved
it here as it seems more appropriate to be
located in the voting section.
Comment [g32]: This reference is to
the conflict subsection currently located in
2.04.160.E.
Comment [g33]: The Commission should discuss whether the Commission
continues to desire to mandate a Commissioner to vote to break a tie vote.
State law authorizes a member of a
governing body to vote despite a conflict if
the vote is necessary to obtain a quorum
or otherwise allow the body to act. The
statute does not mandate an elected
official do so. The quorum rule and
requirement for a vote of three to pass a
motion is independent of this requirement.
Comment [g34]: From codification: I
have attended and done minutes to exec sessions at hearings related to firefighter
suspensions. (HR)
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shall be placed in the minute books of the City Commission and available for public
inspection.
3. If a member of the public requests from the City Clerk access to executive session
Mminutes not yet released to the public as set forth above, the requestor shall submit a
Public Records Request to the City Clerk. The City Clerk shall consult with the City
Attorney on the subject matter as requested. The City Attorney shall advise the City
Clerk if the Mminutes can be released in complete or redacted form. If approved for
release by the City Attorney, a resolution releasing said either a complete or redacted
Mminutes shall be presented to the City Commission for adoption at their next regularly
scheduled meeting. Upon adoption of the resolution by the City Commission, the
Mminutes shall be released to the public as authorized.
2.04.160 RULES OF DEBATERules of Debate//Reconsideration/Conflict of Interest
A. Every Commissioner desiring to speak shall address the Chairpresiding officer,
and upon recognition by the presiding officer, shall confine discussion to the question under debate,
avoiding all personalities and indecorous language.
B. A Commissioner, once recognized, shall not be interrupted when speaking unless
it the Commissioner is to be called to order, or as herein otherwise provided. If a Commissioner,
while speaking is called to order, the Commissioner shall cease speaking until the question of order
be determined, and, if in order, the Commissioner shall be permitted to proceed.
C. Order of rotation in matters of debate or discussion shall be at the discretion of
the Mayorp.
D. Reconsideration of Previous Commission Action:
1. A motion to reconsider any action taken by the Commission
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 any Commissioner,
and may be made at any time and have precedence over all other motions or while a
Commissioner has the floor. It shall be debatable.
2. Nothing herein shall be construed to prevent any
Commissioner 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.
E. Conflict of Interest: A Commissioner may rely upon the advice of the City
Attorney as to whether the Commissioner has a conflict of interest pursuant to law. If the
Commissioner is advised that there is a conflict of interest, the Commissioner must shall excuse
recues themselveshimself/herself, step off the dais, and refrain from discussion and vote except in
the event of a tie votewhen the Commissioner’s participation is necessary to obtain a quorum or
Comment [g35]: I suggest the
Commission consider combining these
provisions. Also, please see rule 20 from
Missoula which allows additional time for
reconsideration. Please note
reconsiderations are subject to legal
considerations such as statutory timelines
for decision or appeal, reliance and
finality.
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otherwise enable the Commission to act. In such a case, the . Commissioner shall disclose the
interest creating the appearance of impropriety prior to performing the official act.
F. After a motion, duly made and seconded, by the Commission, no person shall
address the Commission without first securing the permission of the Chairpresiding officer.
2.04.170 ORDER OF PRESENTATION AND PUBLIC PARTICIPATION IN REGULAR
MEETINGSOrder of Presentation/Public Participation
A. The procedure order of presentation in which items are presented to the
Commission shall be as follows:
1. The City Manager shall present the an agenda item to the
Commission.
2. The cCity sStaff may present a background report on the
matter for discussion. Upon conclusion of a staff report, Commissioners may
ask questions for the purposes of understanding and clarification.
If the agenda item is a public hearing, the Mayor presiding officer will
open the public hearing prior to staff presentation. Upon conclusion of a staff
report, Commissioners may ask questions for the purposes of understanding
and clarification.
3. If applicable, cComments from the applicant, or his agent,
shall be heard by the Commission. The applicant’s presentation/testimony is
limited to ten (10) minutes.
4. After being recognized by the Chairpresiding officer, a
Commissioner may direct questions to the staff or applicant.
5. Members of the audience or their agent may be invited to
present testimony or other evidence. To be recognized, each person desiring
to give testimony or evidence shall step to the lectern podium and, after being
recognized, give his or hertheir name and address before testifyingfor the
record, commenting or presenting other evidence. The audience
presentation/testimony is limited to three (3) minutes per speaker. The
pPresiding oOfficer may lengthen or shorten the time allotted for public
testimony.
6. After being recognized by the Chairpresiding officer, a
Commissioner may direct questions to any person so testifying for purposes of
clarification.
7. Following public comment staff shall be given the opportunity
to comment on any testimony or other evidence.
Comment [g36]: This language is taken directly from 2-2-121(10), MCA.
This could be a focused point of
Commission discussion.
Comment [g37]: This section appears
to have been written to address public
hearings and regular action items. Rather
than rewrite the section, I added clarifying
statements to applicable subsections if that
subsection addressed a public hearing
process. See subsections 3, 8 and 9.
Comment [g38]: This is a simple reorganization.
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8. 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 to five (5)
minutes.
9. If a public hearing, fFollowing applicant rebuttal and any
further questions, the Mayor presiding officer will closewill close the Public
hHearing and bring the agenda item to the dais for discussion, motion and
vote.
10. If a public hearing, Aafter being recognized by the
Chairpresiding officer, a Commissioner may direct questions limited to the
rebuttal testimony and evidence.
11. The City Clerk shall enter into the record all correspondence
that has been received but was not yet provided to the Commission.
12. The Commission 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.
13. 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, may reschedule the public hearing until a full
Commission is present, unless precluded from doing so due to statutory time
constraints.
B. All testimony and evidence shall be directed to the Chairpresiding officer. No
person, other than a Commissioner and the person recognized as having the floor shall be permitted
to enter into the discussion. No questions shall be asked of a Commissioner except through the
presiding officer.
C. The Commission may ask staff for its recommendation.
D. If a public hearing, iIn 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 by the Commission, or unless the matter is submitted as a consent item, the matter
may shall be continued to the next available regular meeting, public hearing date, or other date
certain.
E. For all public hearings involving land use and annexation decisions, the
Commission will wait a minimum of one week before making a decision whenever requested by a
member of the Commission unless a decision is required due to a statute, ordinance or other law.
Comment [g39]: This provision
requires the staff to inform the applicant
they need to attend and if the applicant
states they are not going to attend the
meeting the staff must obtain the waiver
in writing and present it to the
commission at the hearing. We’ll then
need a motion to accept the waiver before
the commission proceeds with the hearing,
discussion, and decision.
Comment [g40]: This is to clarify the
Commission’s authority to act per the
recently postponed Loyal Garden ZMA.
Remember: this rule is a commission rule
of procedure and is not included in the
zoning requirements; nevertheless, this
type of rule does create a procedural benefit for the applicant. That being said,
the Commission is NOT bound to offer this benefit to applicants.
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F. Commissioners are urged to state the reasons for their decisions, particularly on
land use issues; the record must reflect reasons findings regarding legal criteria for all quasi-judicial
decisions. involving zoning variances.
G. Witnesses may be required to testify under oath.
H. The Commission shall not be bound by the strict rules of evidence, but may
exclude irrelevant, immaterial, incompetent or unduly repetitious testimony or evidence.
I. The Chair 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 Commission.
J. 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 herein. If additional information is required from the public 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 as required by law, specifying date, time place
and subject matter of hearing. This paragraph does not preclude the Commission, after the public
hearing, from asking questions of staff, receiving additional evidence from staff or, after a hearing
held on a preliminary plat, pursuant to Section 76-3-605Title 76, Chpt. 3, M.C.A., from consulting
the subdivider about conditions or other mitigation required of the subdivider. Upon decision by the
presiding officer or upon aIf the duly adopted motion is made of the Commission to reopen the
public hearing prior to close of the agenda item in which the hearing was closedheld, 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.moving to the next agenda item.
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.
2.04.180 DecorumECORUM
A. While the Commission is in a session, the Commissioners must preserve order
and decorum, and a Commissioner 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 may 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.
C. The Commission shall not debate, in a heated or argumentative manner, with a
member of the public presenting testimony during a public hearing or regular meeting.
Comment [g41]: This section is
moved to .140, above.
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D. Speakers shall only address the agenda item before the Commission. Any person
speaking on an agenda item not before the Commission shall may be called out of order.
2.04.190 BoardsOARDS, Commissions, agencies, OMMISSIONS AND and
ComitteesOMMITTEES
A. In addition to boards, agencies, committees, and commissions established by
Statutelaw, the Commission may create boards, commissions, agencies, or committees as determined
necessary for the conduct of the city’s business.
B. All City boards, commissions, agencies, or committees of the city will be
established by the City Commission and members appointed following a public solicitation through
the newspaper advertised posted not less than twice annually. Between public solicitations for
members, appointments may be made to fill unexpected vacancies or vacancies not filled through the
last round of advertisements from those applications on file as of the date of appointment.
Subcommittees of existing boards, commissions or committees may be appointed by the City
Commission without the necessity of public solicitation. Members shall be appointed by a majority
of the Commission for all appointments made by the City Commission. In the case of statutorily
authorized mayoral appointments, the Mayor shall seek the concurrence of at least two other
Commissioners.
C. All Boards, commission, and committees of the city shall conform to these rules of
procedure to the greatest extent practicable. If a board, commission, agency, or committee
appointed by the Commission desires to deviate substantially from the requirements of this
chapter, such change must be approved by resolution of the Commission.
D. All approved by laws or rules of procedure of any board, commission, agency, or
committee not in conformance with these rules shall be made to conform within one year of the
effective date of any ordinance amending these rules of procedure.
E. The authority to vote despite a conflict included in 2.04.160.E shall not apply to any
appointed board, commission, agency, or committee.
Comment [g42]: This provision may be necessary to clear up the confusion
regarding whether an appointed board can
waive a conflict.
Comment [g43]: These three sections could be added to address rules of
procedures for boards/committees. As an
alternative to requiring boards/committees
to conform to the Commission’s rules,
staff could create a set of model rules of
procedure which the Commission could
adopt by Resolution that would required
for all boards, commissions, etc.
Alternative rules could be adopted by
boards but only through Commission
resolution. The Commission may also
want to consider whether to involve the
various semi-autonomous boards, such as the Library Board of Trustees, the Parking
Commission, the BID boards, etc. in these requirements.
71