HomeMy WebLinkAboutResolution 3428 Revised rules of procedure (3)
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COMMISSION RESOLUTION NO. 3428
A RESO,LUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE RULES OF PROCEDURE FOR THE CONDUCT OF
CITY COMMISSION BUSINESS.
WHEREAS, the City Commission has adopted its rules of procedure in written form;
and
WHEREAS, these rules of procedure are contained in Commission Resolution No. 3105,
adopted on March 4, 1996; and
WHEREAS, these rules of procedure were revised by Commission Resolution No. 3122,
adopted on June 3, 1996; and
WHEREAS, these rules of procedure were subsequently revised by Commission Resolution
No. 3294, adopted on June 7, 1999; and
WHEREAS, these rules of procedure were subsequently revised by Commission Resolution
No. 3363, adopted on June 5, 2000; and
WHEREAS, these rules of procedure were subsequently revised by Commission Resolution
No. 3395, adopted on September 18, 2000; and
WHEREAS, these rules of procedure were subsequently revised by Commission Resolution
No. 3396, adopted on September 25, 2000; and
WHEREAS, said rules are hereby revised to more accurately reflect the manner in
which
the Commission currently conducts its business.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, that the rules of procedure, as contained in Exhibit" A", attached hereto
and by this
reference made a part hereof, are hereby adopted.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at
a regular session thereof held on the 5th day of March 2001.
MARcl1~u~~r
ATTEST:
(iksut~
Clerk of the Commission
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EXHIBIT "A"
CITY OF BOZEMAN, MONTANA
CITY COMMISSION
RULES OF PROCEDURE
Adopted March 4, 1996
Revised June 3, 1996
Revised June 7, 1 999
Revised June 5, 2000
Revised September 18, 2000
Revised September 25, 2000
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I.
AUTHORITY
Montana Code Annotated Sections 7-3~4323(3) and 7-5-4103 provide that the
Commission may determine its own rules of procedure for meetings.
The following set of rules
shall be in effect upon their adoption by the Commission and until such time as
they are amended
or new rules are adopted.
II.
ROBERT'S RULES OF ORDER
Unless otherwise specifically provided herein or provided by statute, all meetings and
hearings shall be conducted in accordance with Robert's Rules of Order, revised.
III.
COMMISSION MEETINGS
A.
Regular Meetings:
1. The City Commission shall hold its regular meetings every Monday from the
hour
of ~ fMQQ:::p.m. until ~)jpt;hmU:'th~Ma:QQ p.m. in the Commission Room of the Municipal
Building located at 411 East l\I!aiilU$treef:uSozemcln, 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 be held at the same hour on the next succeeding day
not a holiday.
2. The time of the meeting may be extended 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
meeting.
B.
Public Hearings:
1. When a matter is required by law to have a public hearing, or when a matter
is
set for a public hearing, upon motion of a City Commissioner, duly seconded and
passed, all public
hearings will be held, following due notice on the first and third Mondays of each
month at the
hour of 7:00 p.m. or as otherwise designated by the Commission, provided, however,
that when
the day affixed for any public hearing of the Commission falls upon a day designated
by law as a
legal or national holiday, such hearing shall be held at the same hour on the next
succeeding day
not a holiday.
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EXHIBIT "A"
2. Public hearings shall be held in the City Commission Room in the Municipal
Building located at 411 East Main Street, Bozeman, Montana, or in an alternative
location as duly
noticed to the public.
3. Any hearing may be rescheduled or adjourned to a later date and time.
C.
V.~ork $essioI1S.
1. The Coml"i!.sioll shc!llll"eet ill regull'Jr meeti"gs c!lt,d vv 01 k
.5e.5sions 01, tl,e second,
fourth and last Monday!. of ti,e 11I011tl, lilt c!llId flOlll the hour of 3.00
p.llI. until 5.30 II0t Ic!lter than
9.00 P.III., Plovided, hOvvever, that vvhen the day affixed fOI c!lny vvork Ms!.ioll
of the CommiMiol,
falls upon a day de!.igllc!lted by Ic!I"v c!lS c!I legal or nationall,olidc!ly,
such n'1eeting sl,c!lll be held at ti,e
.5ame hour on the next succeedillg dc!ly II0t c!I holidc!ly.
iN WQtk$ij$$iQri$~.z:. Work sessions shall be held in the City Commission Room
in the
Municipal BUlldiiigUlocafed at 411 East Main Street, Bozeman, Montana, or in an
alternative location
as duly noticed to the public.
3. Al,y n,eeting of the COllllllissioll IIIc!ly be adjourned to c!I later
date c!lI,d ti",e,
provided thet no adjournment 51,c!1l1 be fOI a 10llger period tl IlIIl I ulltil
the next legulc!ll 'Meting.
4:1,. Work sessions are 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 action may be taken. Work sessions provide an informal setting
for
discussion of topics for which no formal action is immediately required.
Public comment may be
received during the work session, at the Commission's discretion.
S#.. The Commission is not bound by Robert's Rules of Order during work sessions.
D.
Optional Concept Reviews. The Commission may, at the request of a landowner,
developer or other interested party considering submittal of a development application,
conduct a
concept review.
Concept review is an initial, informal exchange of ideas.
The Commission's
decision on any formal application will be based on staff findings, the applicable
criteria, applicant
presentation, evidence submitted and public testimony. 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.
E.
Optional Post Mortem Reviews. Post mortem review is a review by the Commission of
a previous decision. Following action on any matter, the Commission may request
a post mortem
review to be scheduled at the next work session, to determine if revisions to code
provisions or
other procedural changes are needed to address concerns raised during consideration
of the
particular agenda item.
IV.
AGENDA
All reports, communications, ordinances, resolutions, contract documents or other
matters to be submitted to the Commission, shall be submitted to the Clerk of the
Commission by
12:00 noon on the Wednesday 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.
The Clerk of the Commission 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 with a copy of the same prior to the
Commission
meeting on the Thursday immediately preceding the next scheduled Commission meeting.
Copies
of the agenda shall be available from the Clerk of the Commission and one copy
shall be posted
at the designated posting board in the Municipal Building for public viewing.
Pursuant to Section
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EXHIBIT "A"
7~ 1 A 135, MCA, the City Commission designates as its official posting place the
posting board in
the lobby of the Municipal Building located at 411 East Main Street, Bozeman, Montana.
V.
OPEN MEETINGS
Except 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.
VI.
MA VOR AND MA VOR PRO TEMPORE
The presiding officer of the Commission shall be the Mayor.
The Commission shall
appoint a Mayor Pro Tempore.
During the absence of the Mayor, the Mayor Pro Tempore 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 shall assign each Commissioner
to a
seat at the commission table as the Mayor deems advisable. Upon passing the gavel,
the Mayor
may move or second any item of business then before the Commission.
The Mayor shall state,
or cause to be stated, every motion coming before the Commission, announce the
decision of the
Commission on all subjects, and decide all Questions 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 shall vote on all Questions with the
Mayor's name
being called last. The Mayor shall sign all ordinances and resolutions adopted
by the Commission
during his presence within two days after the Commission meeting at which they
were adopted.
In the event of the absence of the Mayor, the Mayor Pro Tempore shall sign ordinances
or
resolutions as then adopted.
VII.
CALL TO ORDER
The Mayor, or in his/her absence, the Mayor Pro Tempore, shall take the chair precisely
at the hour appointed for the meeting, and shall immediately call the Commission
to order. In the
absence of the Mayor or Mayor Pro Tempore, the Clerk of the Commission shall call
the
Commission to order, whereupon a temporary chair shall be elected by the members
of the
Commission present.
Upon the arrival of the Mayor or Mayor Pro Tempore, the temporary chair
shall relinquish the chair upon the conclusion of the agenda item immediately pending
before the
Commission.
VIII.
LISTING OF ATTENDANCE
The Clerk of the Commission shall enter the names of those Commissioners present
in
the minutes.
IX.
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 Clerk of Commission
shall reduce
motions to writing and, upon request, 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
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EXHIBIT "A"
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..
X.
onDcn or DUSINC~S ron nCGULAn MCCTINGS
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The City Manager shall prepare the Commission agenda. vvl.icl, shall be in sub5tc!lIltially
the following form: ..
1. rledge and Moment of Silence
2. Approval of Millutes
3. ScI,eduled Mattel5.
(a)
petitions, remonstrances a"d COi,,, IIUI,icatior,.5,
(b)
unfinished and nevv business;
(c)
ordinances,
(d)
I"iscellal,eous.
4. Consent items (COI,Mllt itel1l5 ale thoM vvhich st8ff con5idel5
no discussion is neceS.5ary, including lesolutiolls. II0vvever 8t
tl,e begil" ,il,g of each n ,eeting, an y
Commi55iol,el rlla y
request itel',(s) be remOved from the consel.t agenda for the
purpose of discussion.)
~. neCe5.5
6~ neconvene
7. rublic I,ea. il.gs
O. rublic illtel est IIIattel5
:J. Adjournment
NOTE.
Itel (IS not on the. agend8 may be discussed at the
discretion of ti,e COI,,,"i55ioll, but NO action may be takel,
Ulltil fOllllally placed UpOll all upcoming meetillg'5 agellda.
EXCEPTION. (01 der 1'71 a y be adjusted bY' COllllllis5iol, consent.)
XI.
MINUTES
Minutes of all meetings shall be recorded. Minutes shall be approved by the Commission.
It shall not be necessary to formally read the minutes prior to approval.
Such minutes may be
revised by the Clerk of the Commission 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 minutes to accurately reflect the substance
of the prior
meeting.
If objection is made by any Commission member to such amehdment or correction, a
majority vote of the Commission shall be necessary for adoption of the correction
or amendment.
XII.
RULES OF DEBATE
1. Every Commissioner desiring to speak shall address the Chair, and upon
recognition by the presiding officer, shall confine discussion to the question
under debate, avoiding
all personalities and indecorous language.
2. A Commissioner, once recognized, shall not be interrupted when speaking unless
it 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.
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EXHIBIT "A"
3.
Order of rotation in matters of debate or discussion shall be at the discretion of
the Mayor.
4.
a. A motion to reconsider any action taken by the Commission
may be made on the day such action was taken. It may be made either
immediately during the same session, or at a recessed and reconvened session
thereof. Such motion shall be made by one of the prevailing side, but may be
seconded by any 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.
b. 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.
5.
Any Commissioner who has a conflict of interest as defined by the Code of Ethics
previously adopted or as may be amended by the City Commission or as established
by the laws
of the State of Montana or as advised by the City Attorney shall not participate
in the debate nor
vote in that matter. Any Commissioner attempting to so participate may be censured
by a majority
vote of the remaining members of the City Commission.
("Censured" is defined as a formal
resolution of the legislative body reprimanding a member for specified conduct.
An official
reprimand or condemnation.)
6.
After a motion, duly made and seconded, by the Commission, no person shall
address the Commission without first securing the permission of the Chair.
XIII.
ORDER OF PRESENTATION AND PUBLIC PARTICIPATION
IN REGULAR MEETINGS AND PUBLIC HEARINGS
1.
The procedure in which items are presented to the Commission shall be as
follows:
a. The City Manager shall present the agenda item to the
Commission.
b. The City Staff may present a background report on the matter
for discussion.
If the agenda item is a public hearing, the public hearing will
be opened prior to staff presentation.
The presiding officer may explain the
hearing procedures and may limit the length of a speaker's presentation or
testimony, provided all speakers similarly situated are treated the same.
A
representative of a neighborhood or other group, speaking on behalf of the
neighborhood or group, may be given more time than individual speakers.
c. Comments from the applicant, or his agent, shall be heard by
the Commission.
d. After being recognized by the Chair, a Commissioner may direct
questions to the staff or applicant.
e. Members of the audience or their agent may be invited to
present testimony or other evidence beginning with those in favor of the
proposal, then from those opposing the proposal and then from anyone
desiring to comment. To be recognized, each person desiring to give
testimony shall step to the lectern and, after being recognized, give his or her
name and address before testifying, commenting or presenting other evidence.
Representatives of neighborhoods or groups will be allowed to address the
Commission first under the appropriate category.
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EXHIBIT "A"
f. After being recognized by the Chair, a Commissioner may direct
questions to any person so testifying for purposes of clarification.
g. Following public comment, the applicant and staff shall be given
the opportunity to rebut any testimony or other evidence.
h. After being recognized by the Chair, a Commissioner may direct
questions limited to the rebuttal testimony and evidence for clarification only.
i. The presiding officer, C!ty Manager, Clerk of Commission or
City Attorney shall read into the record all correspondence received, to include
the public hearing sign-up sheet. .
j. Except for public hearings, 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.
k. If the agenda item is a public hearing, the Commission, after
presentation of all comments, testimony and evidence, may continue the
public hearing to a date certain to aUowadditional information to be submitted,
close the public hearing to discuss and vote on the matter, or close the public
hearing for receiving written public comment and testimony pending the
continued discussion. If the Commission chooses the close the public hearing
and continue to accept written public comment, the written comment must be
received in the Clerk of Commission's office by 12:00 noon on Thursday of
the following week and preceding the next scheduled meeting for the agenda
item.
The Commission may elect to shorten or .lengthen this time period or
elect not to receive any written comments.
The Commission, upon the
request of a Commissioner who is to be absent from a meeting at which a
public hearing on a particular item of interest is scheduled, shall reschedule
the
public hearing until a full Commission is present, unless precluded from doing
so due to statutory time constraints.
2.
All testimony and evidence shall be directed to the Chair. No person, other than
a Commissioner and the person recognized as having the floor, shall be permitted
to enter into any
orderly and relevant discussion.
No questions shall be asked of a Commissioner except through
the presiding officer.
3.
The Commission may ask staff for its recommendation.
4. In the event the applicant does not appear at the scheduled time and place,
unless the applicant has waived his or her appearance in writing, and which waiver
has been
accepted by the Commission, or unless the matter is submitted as a consent item,
the matter may
be continued to the next regular meeting, public hearing date, or other date certain.
5.
The Commission may appoint a hearing examiner to conduct thE! public hearing.
6. For all public hearings involving land use and annexation decisions, the
Commission will wait a mioimum 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.
7. . Commissioners are urged to state the reasons for their decisions, particularly
on
land use issues; the record must reflect reasons for all decisions involving' zoning
variances.
8.
Witnesses may be required to testify under oath.-
9.
The Commission shall not 'be bound by the strict rules of evidence, but may
exclude irrelevant, immaterial, incompetent or unduly repetitious testimony or
evidence.
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EXHIBIT "A"
10.
The Chair shall rule on all questions relating to the admissibility of evidence with
advice from the City Attorney, which ruling may be overruled by a majority vote
of the
Commission.
11.
A public hearing which has been formally closed for all public input may not be
reopened and no additional evidence or testimony shall be received or considered.
If additional
information is required before a decision can be made, the Commission upon motion
duly made,
seconded and passed, may call for an additional public hearing which hearing shall
be duly noticed,
specifying date, time place and subject matter of hearing.
XIV.
DECORUM
1.
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.
2.
Any person making personal, impertinent or slanderous remarks or who shall
become boisterous while addressing the Commission shall be forthwith barred from
further
audience with the Commission by the presiding officer, unless permission to continue
be granted
by a majority vote of the Commission.
a.
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.
4. Speakers shall only address the agenda item before the Commission. Any person
speaking on an agenda item not before the Commission shall be called out of order.
XV.
BOARDS, COMMISSIONS AND COMMITTEES
Except for boards and commissions established by Statute, the Commission may create
boards, commissions or committees as determined necessary.
All City boards, commissions or committees will be established by the City Commission
and members appointed following a public solicitation through the newspaper. Between
public
solicitations for members, appointments may be made to fill unexpected vacancies
or vacancies
not filled through the last round of advertisements.
Subcommittees of existing boards,
commissions or committees may be appointed by the City Commission without the necessity
of
pu blic solicitation.
Members shall be appointed by a majority of the Commission. In the case of
statutorily authorized mayoral appointments, the Mayor shall seek the concurrence
of at least two
other Commissioners.
Balloting for said board, commission or committee appointments shall occur at a
regular
meeting.
XVI.
ORDINANCES AND RESOLUTIONS
1.
Preparation of the Ordinance. All ordinances and resolutions shall be prepared
or approved by the City Attorney.
No ordinance or resolution shall be prepared for presentation
to the Commission unless ordered by a majority vote of the Commission, requested
by the City
Manager or prepared by the City Attorney on his own initiative.
2.
Staff Review. The ordinances and resolutions shall, before presentation to the
Commission, be approved as to form and legality by the City Attorney and shall
have been
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EXHIBIT "A"
examined and approved for administration by the City Manager. Unless the City Manager
provides
otherwise, all such instruments shall have first been referred to the head of the
department under
whose jurisdiction the administration of the subject matter of the ordinance or
resolution would
evolve.
3. Introduction and Passage. Ordinances and resolutions must be introduced by
a
member of the Commission, City Manager or City Attorney; otherwise, ordinances
or resolutions
shall not be considered by the Commission.
a.
A draft of the proposed ordinance shall be presented to the
Commission for review and comment unless the Commission has considered
the subject matter of the proposed ordinance in a different forum.
b.
If the draft ordinance is approved by the Commission, it shall
then be placed on the agenda for first reading and provisional adoption, with
second reading and final adoption occurring at least twelve (12) days after the
first reading and provisional adoption. After being provisionally adopted, the
ordinance shall be posted in a conspicuous place in the Municipal Building, 411
East Main Street, Bozeman, Montana, and copies thereof shall be available to
the public from the Clerk of the Commission. The reading of the ordinance's
title and number shall be sufficient to constitute a reading and an actual oral
pronouncement of each work contained therein of the proposed ordinance or
resolution is not required and shall be waived unless required by a majority
vote of the City Commission.
c.
All ordinances, except emergency ordinances, and resolutions
shall become effective thirty (30) days after final adoption. All emergency
ordinances shall become effective upon passage.
Revised by the City Commission of the City of Bozeman, Montana this 5th day March
2001.
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