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HomeMy WebLinkAboutFinally Adopt Ordinance No. 1807, Amending the Commission Rules of Procedure.pdfCommission Memorandum for Final Adoption of Ordinance 1807 Page 1 of 1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Greg Sullivan, City Attorney SUBJECT: Final Adoption of Ordinance 1807: Amending the Commission Rules of Procedure (Chpt. 2.04, Bozeman Municipal Code). MEETING DATE: June 6, 2011. AGENDA ITEM TYPE: Consent. RECOMMENDATION: Review this memorandum and the accompanying attachments and finally adopt ordinance 1807. BACKGROUND: You previously gave preliminary approval to Ordinance 1807 on May 16, 2011. On that date you made no changes to the proposed ordinance. Additional materials provided for provisional adoption are not included with this memorandum. If the Commission is interested in any material previously provided to the Commission please inform me or City Clerk Ullmen and we’ll provide those to you by email. UNRESOLVED ISSUES: None identified. Should the Commission finally adopt this ordinance, upon running of the 30-day effective period we will provide you an updated code version of Chapter 2.04 (Commission Rules of Procedure) for your use. ALTERNATIVES: The Commission may pull this item from the consent agenda and modify the ordinance at its discretion. Significant changes may require an additional meeting. FISCAL EFFECTS: None. Attachments: Ordinance 1807 for Final Adoption Memorandum for Provisional Adoption on May 16, 2011 Report compiled on: May 30, 2011 144 Final Adoption of Ordinance 1807: Commission Rules of Procedure (Chpt. 2.04, BMC) Page 1 of 17 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. 145 Final Adoption of Ordinance 1807: Commission Rules of Procedure (Chpt. 2.04, BMC) Page 2 of 17 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 146 Final Adoption of Ordinance 1807: Commission Rules of Procedure (Chpt. 2.04, BMC) Page 3 of 17 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) 147 Final Adoption of Ordinance 1807: Commission Rules of Procedure (Chpt. 2.04, BMC) Page 4 of 17 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: 148 Provisional Adoption of Ordinance 1807: Commission Rules of Procedure (Chpt. 2.04, BMC) Page 5 of 17 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. 149 Provisional Adoption of Ordinance 1807: Commission Rules of Procedure (Chpt. 2.04, BMC) Page 6 of 17 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 150 Provisional Adoption of Ordinance 1807: Commission Rules of Procedure (Chpt. 2.04, BMC) Page 7 of 17 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. 151 Provisional Adoption of Ordinance 1807: Commission Rules of Procedure (Chpt. 2.04, BMC) Page 8 of 17 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 152 Provisional Adoption of Ordinance 1807: Commission Rules of Procedure (Chpt. 2.04, BMC) Page 9 of 17 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.” 153 Provisional Adoption of Ordinance 1807: Commission Rules of Procedure (Chpt. 2.04, BMC) Page 10 of 17 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 154 Provisional Adoption of Ordinance 1807: Commission Rules of Procedure (Chpt. 2.04, BMC) Page 11 of 17 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 13 155 Provisional Adoption of Ordinance 1807: Commission Rules of Procedure (Chpt. 2.04, BMC) Page 12 of 17 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 156 Provisional Adoption of Ordinance 1807: Commission Rules of Procedure (Chpt. 2.04, BMC) Page 13 of 17 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: 157 Provisional Adoption of Ordinance 1807: Commission Rules of Procedure (Chpt. 2.04, BMC) Page 14 of 17 "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. 158 Provisional Adoption of Ordinance 1807: Commission Rules of Procedure (Chpt. 2.04, BMC) Page 15 of 17 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. 159 Provisional Adoption of Ordinance 1807: Commission Rules of Procedure (Chpt. 2.04, BMC) Page 16 of 17 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. 160 Provisional Adoption of Ordinance 1807: Commission Rules of Procedure (Chpt. 2.04, BMC) Page 17 of 17 ____________________________________ 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 161 Commission Memorandum for Provisional Adoption of Ordinance 1807 Page 1 of 4 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). 162 Commission Memorandum for Provisional Adoption of Ordinance 1807 Page 2 of 4 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. 163 Commission Memorandum for Provisional Adoption of Ordinance 1807 Page 3 of 4 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 164 Commission Memorandum for Provisional Adoption of Ordinance 1807 Page 4 of 4 Report compiled on: May 7, 2011 165