HomeMy WebLinkAboutOrdinance 11- 1807 City Commission Rules of Procedure, Chapter 2.04 BMCORDINANCE 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 qualifieat Oath of Office
2.04.020 Eleetion 'Term of offiee Bond Mayor and Deputy Mayor - Powers
and Duties
2.04.030 City Clerk.
2.04.040 .. Parliamentary
Authority.
2.04.050 Voting. Meeting Agendas.
2.04.060 . Call to Order.
2.04.070 . Meetings
2.04.080 Powers and duties Order of Presentation/Public Participation.
2.04.090 uorum and Votin
2.04.100 Rules of
Deb ate/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 Qualifleations Oath of Office
The Geramission of the City ef Beizeffian shall eensis4 ef Genifnissioners, who shall be eleeted as
provided in the GhaAer-. They shall be registered voters whose prineipal r-esidenee is ki the eity
and have the "alifiealiens of elee4er-s. Every person elected Commissioner shall, within ten
da ys thereafter, file with the Cit y 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:
"2.04.1 020 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 Maye
-presiding officer shag may assign each Commissioner to a seat at the commission table as the Maya
presiding officer deems advisable. Upon passing the gavel, the Mayer presiding officer may move or
second any item of business then before the Commission. The Maye 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 Dyer presiding officer shall vote on all questions with the
Mayffls name being called last. The Mayor shall sign all ordinances and
resolutions adopted by the Commission during his the Mayor's presence within we days after the
Commission meeting at wWeh they were adep . 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:
11 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 she ieii 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
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maybe required of him by ordinance or resolution or order of the Commission, and he the Cit 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:
"2.04.4 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 chgpter, the controlling. parliamentM aulhod1y.shall be the latest edition of Robert's
Rules of Order, Newly Revised. —,re"
Section 6
That section 2.04.1 of the Bozeman Municipal Code shall be amended to read as follows:
"2.04.440050 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, tW 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 website with a copy of the agenda and pack of all
supporting information pr4er- le the Commission meeiing en no later than the Thufsday 48 hours
immediately preceding the new sehe"Ied 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 �ieipal BuildiRg Ci Hal for public viewing and made
available on the city's websit . Pursuant to Section 7-1-4135, MCA, the City Commission
designates as its official posting place the posting board in the lobby of the Muflieipal Biiilding City
Hall located at 121 North Rouse, Bozeman, Montana,
B. The City Manager shall prepare the Commission regular meeting agenda-.-The
C;4y Manager ffi and shall consult with the Mayor in preparing the agenda. The Mayor or any
three Commissioners may add to or remove Wiest an item be added from to the agenda. The
agenda shall be in substantially the following form
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. keffis not an the agenda may be diseussed at the
diseretien of the Comtnission, btA NO ae4ien may be taken
ui4i! fefmalb plaeed epen aft tTeeffiing Rieefiiig's agenda.
The EXCEPTION! (0 order of the above may be adjusted by the presiding officer.
ceffifflissieii eanse 'y ,
Section 7
That section 2.04.120 of the Bozeman Municipal Code shall be amended to read as follows:
"2.04.420060 CALL TO ORDE Call to Order.
The Mayor, or in hisihe 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 ehair- presiding officer shall be elected by the members of the Commission
present. Upon the arrival of the Mayor or Deputy Mayor, the temporary ehaif presiding officer shall
relinquish the ehai 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:
"2.04.840070 Meetings.
A. General/Regular Meetings:
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1. The City Commission shall hold ids 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 locat as duly
noticed to the public 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
Aiag 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 tinie of the meeting may be extended beyond the time specified in
2.04.080.A. by the Mayor or a majority vote of the members of the Commission beyond 4te ti
speeified .,.,eve should additional matters remain on the Commission deeket of 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 Ma or or majority of the Commission May cancel a regular meeting if no
business is scheduled for that meetim
B. Public Hearings:
1. Public Hearin g5,are meetings of the Commission required to beheld as a public
hearing, pursuant to law. The provisions of subsection A of this section apply to Public Hearings.
Publie heafings shall be held in the City GaFnmissieii Reem, Git� Hall, 121 NeAh Roiise,—Bezeman,
Mei4aaa, er in an alte-mative lee_atioii as duly nefieed to �he publie.
2. Unless prohibited by law, a Art�-public hearing may be rescheduled or adjourned
to a later date and time.
C. Executive Sessions:
4, Executive Sessions are meetings of the Commission with the pWose 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 pr-eeede eaeh meeting as fequir-e needed.
Although each Executive Session will commence as an open public meeting, Executive
Sessions will be used by the Gemmissien sel4y f6f eensidffatien ef fna4efs whieh wi44
bey diseiissed maybe closed to the public pursuant to authority and limitations in Title 2,
Chpt. 3, Part 2, 2.3.203, seefien 3 & 4 of MCA. An Executive Session May be called at
any time during M meeting if authorized by law. The publie M411 be exeWded fre
these gmeeiAve Session diseussiens. if the need exists, additional Exeei4ive Sessieffs
may be seheduled at the end of all meetings.
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D. Work or Policy S -sessions:
, W� W
! 1�
i V
. Work or o� licy 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 feffnal final action may be taken but the Commission
m4y give direction to staff regardinp, 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 poliey 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 fixture submittal of a land use development
application, conduct a concept review. Concept review is an initial, informal exchange of ideas K r
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 meetzng or
public hearing. A final decision regarding any item discussed during a concept review mqy 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 nwa work Sess .ri
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.
14G. 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 he:ur-s fprty
eight (48) hours � notice to each member of the Commission and notice to the Public bL
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 m j ority of the
,
Commission directing the City Manager to schedule a meeting without netie-e adhering..to fogy
eight (48) hour time limit. The City Clerk shall use reasonable efforts to inform the public of the
ememency meeting.
... . .........
Section 9
That section 2.04.170 of the Bozeman Municipal Code shall be amended to read as follows:
"2.04.4-70080 ORDER OF PRESENTATION AND PUBLIC PARTICIPATION 1N
Order of Presentation/Public Participation.
A. The pr-eeedur-e order of presentation in which items are presented to the
Commission shall be as follows:
Commission.
The City Manager shall present the an agenda item to the
2. The cGity s , Staff may present a background report on the
matter for discussion. Upon conclusion of a staff report, Commissioners may
ask .gue.stions of staff for the pjjMoses of understanding and clarification, If the
agenda item is a public hearing, the Maye presiding officer will open the
public hearing prior to staff presentation. Upen eenehasien of a staff r-epei4,
Ceffifflissie.-e-s ask q�uestiens fer- the ptnTases ef under-standing and
elafifiea4ien.
3. If applicable, cGomments from the applicant, or his agent,
shall be heard by the Commission. The applicant's presentation/testimony is
limited, subiect to the discretion of the presiding officer, to ten (10) minutes.
4. After being recognized by the Chai 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 edieaf evidence. To be recognized, each person desiring
to give testimony or evidence shall step to the leetem podium and, after being
recognized, give hi-s-� 4heir name and address befefe tesfiPfing-for the
record ef pr-ese..-H,
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 G-hai > 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 md if a 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_,_ �bect
to the discretion of the presiding officer to five (5) minutes.
9. If a public hearing, ollowing applicant rebuttal and any
further questions, the Maye r presiding officer will close the PiiiohHearing
and bring the agenda item to the dais for discussion, motion and vote.
10. If a public hearing, Aafter being recognized by the Chai
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 Ghai presiding officer. No
person, other than a Commissioner and the person recognized as having the floor shall be permitted
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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, i1n 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
miay 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 feasens findings regarding legal criteria for all quasi-judicial
decisions. involving zeningvafiaaees-.
G. Witnesses may be required to testify under oath.
H. The Commission shall not be bound by the strict rules of evidence A3 and may
exclude irrelevant, immaterial, incompetent or unduly repetitious testimony or evidence.
I. The Chai 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 44y 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 Seel en 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 th duly..ado
— adopted motion irs -made is—made of the Commission to reopen the
public hearing prior to close of the agenda item in which the hearing was elesed 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.fnei to the iiext agenda iteffl.
Sri W.
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Section 10
That section 2.04.140 of the Bozeman Municipal Code shall be amended to read as follows:
11 2.04.4-40090 OUORJJA4-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 rejec 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. 1 OO.E."
Section 11
That section 2..04.1 60 of the Bozeman Municipal Code shall be amended to read as follows:
11 2.04.10100 RULES OF,nr,]Q,Amr 'Rules of Deb ate/Reconsideration/Conflict of Interest
A. Every Commissioner desiring to speak shall address the Qa4 presiding office
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 Wye presiding officer.
D. Reconsideration of Previous Commission Action:
-47 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 giat there is a conflict of interest, the Commissioner nit shall else
recuse theiiiselves himself/herself, step off the dais, and refrain from discussion and vote except i-H
the event of a tie vote when the Commissioner's participation is necessaa 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 improprie1y and comply with the disclosure requirements of Title 2, Ch t.
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 Chai -Lp esidin g o fficer."
-
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 EMA Olsen 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 Cpi 9business, 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_ of be for-warded to the Gi,,, Clerk.
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Section 13
That section 2,04.180 of the Bozeman Municipal Code shall be amended to read as follows:
"2.04.480120 DECORU 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 6hall aay be fbitllwith bar 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 piiblie heax-iiig ar- r-egular-meeting.
D. Speakers shall only address the agenda item before the Commission. Any person
speaking on an agenda item not before the Commission Aag 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:
11 2.04.450130 MINUTES Recording of Meetings and Minutes/Televising of Meetings.
A. AN44Fdtes of all meetings of the Commission shall be electronical recorded and
the recording shall constitute the official record of the Commission meeti The City Clerk shall
prepare a summary of all meetings from the recording to be known as the "Minutes" which shall be
maintained b necessary
y the Clerk and approved by the Commission. It shall not be to f ormally read
the Mminutes prior to approval. Such Mffiinutes may be revised by the City Clerk to correct
spelling, numbering and other sueh technical defects. Prior to approval, any Commissioner may,
through the Mayor or the Clerk, request the privilege of amending or correcting the Mfainutes to
accurately reflect the substance of the prior meeting. If objection is made by any Commissioner
membe 1 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 Wiped 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 slSession Minutes to the Commission in a manner that
ensures and retains confidentiality.
2. Following approval of executive session Minutes by the Commission, t The City
Clerk shall forward eepies o all executive session Mminutes still h eld in
e en fid ei4 i ,,;+. 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
je epa fazing the need fe f eo fidei:A , "; , and advise the City Clerk. If the City Attorney
determines any Minutes from an executive session mU 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, . Those
executive session Mminutes to be released shall be designated by subject matter. Upon
adoption of the resolution, those M minutes or portions of Mminutes approved for release
shall be plaeed in ihe ssleii 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 requester 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 s6d 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: the City Commission determines
televising or webcasting of a meeting is im racticable all meetings of the Bozeman Ci
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. 140 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 adeption and reading,
a vailable le the ,-. e- 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
Provisional Adoption of Ordinance MOT Commission Rules of Procedure (Chpt. 2.£34, BBC)
Page 13 of 17
Commission shall be:
"Be it ordained by the City Commission of the City of Bozeman."
B. Ne er-dinanee, unles s it is deelared an emer-geney, shall be passed tipen the day o
, ,N�eh it sh-All bea i-DA-F-A-dueed, unless se A-rd-e-Fed by an afffi:fnative vote ef fi3tif fifths of the
members ef 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 w4h by the Clerk within 2 days md r-eeer-d .
FE, After a resolution is adopted, an ordinance is provisionally adopted (passed an fi I
reading), or an ordinance is finally adopted, the City Clerk shall make a copy available to the public
throup-h the city's website. For provisional and final ado-otion of ordinances, the City clerk shall
publish a notice .. ofp assn ge in a news pgper,of-general circulation. pest the resolution or- or-din,affee i
A . eus plaee in the Munieipa4 Building, 121 Nefth Reuse, Bezeman, Mei4ana."
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:
"2.04.4"160 BOARDS, COMMISSIONS AND COMMITTEES Boards, Commissions,
Agencies, and Committees.
Provisional Adoption of Ordinance 1807: Commission Rules of Procedure (Chpt 2.04, BMC
Page 14 of 17
M P!
RIMMONOMMIM
MIN
FE, After a resolution is adopted, an ordinance is provisionally adopted (passed an fi I
reading), or an ordinance is finally adopted, the City Clerk shall make a copy available to the public
throup-h the city's website. For provisional and final ado-otion of ordinances, the City clerk shall
publish a notice .. ofp assn ge in a news pgper,of-general circulation. pest the resolution or- or-din,affee i
A . eus plaee in the Munieipa4 Building, 121 Nefth Reuse, Bezeman, Mei4ana."
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:
"2.04.4"160 BOARDS, COMMISSIONS AND COMMITTEES Boards, Commissions,
Agencies, and Committees.
Provisional Adoption of Ordinance 1807: Commission Rules of Procedure (Chpt 2.04, BMC
Page 14 of 17
A. In addition to boards, ggencies, committees, and commissions established by
ate law, the Commission may create boards, commissions, agencies, or committees as
deten necessary for the conduct of the cily's business.
B. All City boards, commissions, agencies, or committees of the ci will be
established by the Qty Commission and members appointed following a public solicitation
through the newspaper advertised poste 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 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 I — 17 of this Ordinance shall be codified as indicated herein.
Section 20
Repeale
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
Provisional Adoption of Ordinance 1807: Commission Rules of Procedure (C'bl)(. 2.04. BMC)
Page 15 of 17
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.
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
Severabifily
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.
Provisional Adoption of Ordinance 1807: Commission Rules of Procedure Whpt. 2.04. BMC)
Page 16 of 17
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, 201
S T A OF L
City clec .�
-'-�
TIN CO
FINALLY ADOPTED AND APPROVED by the City Commission of the City
of Bozeman, Montana on second reading at a regular session thereof held on the 6"' day of June,
201 The effective date of this ordinance is the 6"' day of July, 201
JEFV —A # RAj f SS
Mayo
r T
1
ATTEST 3
,
( A 11k
STA dyi
city
APPROVED AS TO FORM:
b
City Attorney
Provisional Adoption of Ordinance 1807: Commission Roles of Procedure (Chpt, 2.04. BMQ
Page 17 of 17