HomeMy WebLinkAboutResolution 4377 Establishing Model Rules of Procedure for Boards t r
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COMMISSION RESOLUTION NO. 4377
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING A MODEL RULES OF PROCEDURE WHICH SHALL
SUBSTANTIALLY COMPORT 'WITH BOZEMAN MUNICIPAL CODE ARTICLE 2,
SECTIONS 2.02.040 THROUGH 2.02.160 FOR ALL APPOINTED CITY BOARDS,
COMMISSIONS, AGENGIES AND COMMITTEES.
WHEREAS, Ordinance No. 1.807, provides that the Bozeman Municipal Code be
amended by generally revising Article 2, Sections 2.02.040 through 2.02.160 (City Commission
Rules of Procedure) and;
WHEREAS, with the adoption of Ordinance No. 1807 the City Commission required
that the City Cleric and City Attorney prepare a model Rules of Procedure that shall comport with
the City Commission rules of procedure within.Article 2 of the Bozeman Municipal Code for all
appointed city boards, commissions, agencies and committees to be approved and adopted by the
Commission through Resolution, and;
WHEREAS, as a result, the Deputy City Clerk and City Attorney developed these
model rules of procedure for use by staff liaisons and board members, and;
WHEREAS, the Commission further required that after these model Rules of
Procedure were approved by the Commission all boards and committees wherein a majority of
the members are appointed by the City Commission shall work with the support of any assigned
liaisons to conform any existing bylaws, ordinances or other rules to the model rules of
procedure listed in this Resolution, and
WHEREAS, there are several methods to incorporate these model rules and the desired
technique will be dependent upon the governing documents for each board; and
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Resolution No. 4377, Advisory Board Model Rules of Procedure
WHEREAS, the Deputy City Clerk and City Attorney will be available to assist the
staff liaison with questions related to incorporating these rules into the existing board documents;
and
WHEREAS, modification of a board or committees existing rules of procedure shall
match these rules to the greatest extent possible and any material deviation from these rules must
be reviewed and approved by the Deputy City Clerk and City Attorney prior to submitting the
conformed rules to the City Commission, and;
WHEREAS modified Rules of Procedure shall be submitted for review within one
year of the passage of this Resolution;
WHEREAS, any boards or committees who do not submit modified rules of procedure
or bylaws for review within the one year time period above shall automatically convert to these
model rules of procedure.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, that the following rules shall act as a model to all appointed city boards, commissions,
agencies and committees,
Model Rules of Procedure
Section I
ApplieabiliL�.
A. These rules shall govern the conduct of all City of Bozeman boards, commissions,
agencies, and committees (hereinafter "boards") where a majority of members are
appointed by the City Commission and shall supplement other governing rules of
the board.
B. These rules are supplementary to the provision of Title 7, Chpt. 1, Part 41, MCA,
Title 7, Chpt. 5, Parts 41 and 42, MCA, and Title 2, Chpts. 2 and 3, MCA as they
relate to procedures for conducting meets and public hearings before City boards.
Section 2
Chairperson and Vice Chairperson — Powers and Duties. During the first meeting of the
board each year the board shall appoint by majority vote, a chairperson and a vice chairperson. If
appropriate, they shall also appoint a board secretary. The recording secretary may be a staff
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Resolution No. 4377, Advisory Board Model Rules of Procedure
liaison. The chairperson shall be the presiding officer of the board. During the absence of the
chairperson, the vice chairperson shall discharge the duties and exercise the powers and authority
of the chairperson. The presiding officer shall preserve strict order and decorum at all meetings
and confine members in debates to the question under consideration. The presiding officer may
move or second any item of business then before the board. The presiding officer shall state, or
cause to be stated, every motion coming before the board, announce the decision of the board on
all subjects, and decide all questions of order, subject, however to an appeal to the board, in
which event a majority vote of the board members present shall govern and conclusively
determine such question of order. The presiding officer shall vote on all questions.
Section 3
Parliamentary Authorilt. Unless otherwise specifically provided herein or by ordinance or
statute, all meetings and hearings of the [insert board name here] shall be conducted in
accordance with these rules. In all cases not covered by these rules, the controlling parliamentary
authority shall be the latest edition of Robert's Rules of Order, Newly Revised.
Section 4
Meeting Agendas.
A. The chairperson, staff liaison, or another designated board member shall arrange a
list of matters to be brought before the board according to the order of business
specified herein, and furnish each member and the public through the city's
website with a copy of the agenda and all supporting information no later than 48
hours immediately preceding the meeting for which that item has been scheduled.
All material to be presented to the board for consideration with an agenda item
shall be made available to the public within the above time frame. Copies of the
agenda shall be available from the City Clerk and one copy shall be posted at the
designated posting board in the City Hall for public viewing and made available
on the City's website. Pursuant to Section 7-1-4135, MCA, the [insert board
name here] designates as the official posting place for all boards the posting board
in the lobby of City Hall located at 121 North Rouse, Bozeman, Montana.
B. The staff liaison or board chair shall prepare the meeting agenda and may consult
with other board members in preparing the agenda. The chair person or a majority
of board members may add to or remove an item from the agenda. The agenda
shall be in substantially the following form:
i. Executive Session (if required) (only necessary if an executive session is
being held),
ii. Disclosure of Ex Parte Communication such as comments or information
received.
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iii. Changes to the Agenda.
iv. Public Service Announcement (if scheduled).
v. Approval of Minutes (if required).
vi. Consent items (consent items are those which the staff liaison or board
chair considers that no discussion will be necessary. However, at the
beginning of each meeting, any board member may request item(s) be
removed from the consent agenda for the purpose of discussion) (if
necessary).
vii. Public comment on non agenda items (always required).
viii. Special Presentations (if required).
ix. Action items.
x. FYI/Discussion'.
xi. Adjournment.
Order of the above may be adjusted by the presiding officer.
Section 5
Meetings All meetings of the board shall be open to the public unless authorized by law. Prior
to closing any meeting of the board the chairperson or staff liaison shall consult with the city
attorney.
A. General/Regular Meelings:
xii. Boards shall hold a regular meeting once a month or no less than quarterly
as directed in their establishing documents.
xiii. Any meeting of the board 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.
xiv. The presiding officer, staff liaison or majority of the board may cancel a
regular meeting if no business is scheduled for that meeting.
B. Public Hearings:
xv. Public Hearings are meetings required of some citizen advisory boards to
be held as a public hearing pursuant to law. The provisions of subsection
A of this section apply to Public Hearings.
xvi. Unless prohibited by law, a public hearing may be rescheduled or
adjourned to a later date and time.
C. Executive Sessions: Executive Sessions are meetings of the board 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 will be scheduled as
needed. Although each Executive Session will commence as an open public
No adion may be IA-en on items brol.i,Yht up dut ing this sect Inn whicli are not on the agcn&Di5cuss7c]I III List be IrTrited to inforinatIonq]iiems only Or to disvos's
13kning All item on o futuic agenda.for more Substantiw or delaHed diseussion on an item it nairst be selieduled f6i ain upconring agenda,
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Resolution No, 4377, Advisory Board Model Rules of Procedure
meeting, Executive Sessions may be closed to the public pursuant to authority and
limitations in Title 2, Chpt. 3, Part 2, MCA, An Executive Session may be called
at any time during any meeting if authorized by law.
D. Special Meetings: The presiding officer, a majority of the board or the staff liaison
may call special meetings of the board, upon at least forty eight (48) hours notice
to each member personally served on each member through email or left at the
member's usual place of residence and also notice to the public by, at a minimum,
posting the agenda on the City's website and posting board.
Section 6
Order of Presentation[Public Participation.
A. The order of presentation in which items are presented to the board shall generally
be as follows:
i. The staff liaison shall present the agenda item to the board, if appropriate,
ii. If applicable, the staff liaison may present a background report on the
matter for discussion. Upon conclusion of a staff presentation, board
members may ask questions of staff for the purposes of understanding and
clarification. If the agenda item is a public hearing, the presiding officer
will open the public hearing prior to staff presentation.
iii. If applicable, comments from the applicant, or the applicant's agent, shall
be heard. The applicant's presentation/testimony is limited, subject to the
discretion of the presiding officer, to ten (10) minutes.
iv. After being recognized by the presiding officer, a board member may
direct questions to the staff or applicant.
v. Members of the audience or their agent may be invited to present
testimony or evidence. To be recognized, each person desiring to give
testimony or evidence shall step forward and, after being recognized, give
their name and address for the record. The presiding officer may establish
a timeframe for each public comment but in no case shall such timeframe
be less than three (3) minutes per speaker. The presiding officer may
lengthen or shorten the time allotted for public testimony.
vi. After being recognized by the presiding officer, a board member may
direct questions to any person so testifying for purposes of clarification,
vii. Following public comment, the staff liaison shall be given the opportunity
to comment on any testimony or other evidence,
viii. 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.
ix. If a public hearing, following applicant rebuttal and any further questions,
the presiding officer will close the hearing and bring the agenda item
forward for discussion, motion and vote.
x. If a public hearing, after being recognized by the presiding officer, a board
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member may direct questions limited to the rebuttal testimony and
evidence.
xi. The staff liaisen A board secretary shall enter into the record all
correspondence that has been received but was not yet provided,
xii. Unless required to act by a certain date pursuant to law, the board 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.
B. All testimony and evidence shall be directed to the presiding officer. No person,
other than a board member and the person recognized as having the floor shall be
permitted to enter into the discussion. No questions shall be asked of a board
member except through the presiding officer.
C. The board may ask the staff liaison for its recommendation.
D. If a public hearing, 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, or unless the matter is submitted as a
consent item, the matter shall be continued to the next available regular meeting,
public hearing date, or other date certain.
E. All testimony and evidence shall be directed to the presiding officer. No person,
other than a board member and the person recognized as having the floor shall be
permitted to enter into the discussion. No questions shall be asked of a board
member except through the presiding officer.
F. For all public hearings involving land use and annexation decisions, the board
will wait a minimum of one week before making a decision whenever requested
by a member unless a decision is required due to a statute, ordinance or other law.
G. Board members are urged to state the reasons for their decisions, particularly on
land use issues; the record must reflect findings regarding legal criteria for all
quasi-judicial decisions.
fl. Witnesses may be required to testify under oath.
1. The board shall not be bound by the strict rules of evidence and may exclude
irrelevant, immaterial, incompetent or unduly repetitious testimony or evidence,
J. The 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 board.
K. 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
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received or considered except as provided herein. If additional information is
required from the public before a decision can be made, the board upon motion
duly made, seconded and passed, may call for an additional public hearing which
hearing shall be noticed as required by law, specifying date, time place and
subject matter of hearing. This paragraph does not preclude the board, 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 Title 76, Chpt. 3,
from consulting the subdivider about conditions or other mitigation required of
the subdivider. Upon decision by the presiding officer or upon a duly adopted
motion of the board to reopen the public hearing prior to close of the agenda item
in which the hearing was 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.
Section 7
.Quorum and Votin -y of
-a. Unless otherwise provided by law, a quorum shall consist of a majority
existing appointed board members. If a quorum is not present, those in attendance shall be
named and the board shall adjourn to a later time. The board secretary shall reduce motions to
writing and, upon request shall read a motion prior to the vote. Upon every vote, the outcome
shall be stated and recorded. A board member has an obligation to vote unless there is a conflict
of interest. Email, telephonic, or proxy voting shall be prohibited.
Section 8
Rules of Debate/Reconsideration/Conflict of Interest.
A. Every board member desiring to speak shall address the 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 board member, once recognized, shall not be interrupted when speaking unless
the member is to be called to order, or as herein otherwise provided. If a board
member, while speaking is called to order, they shall cease speaking until the
question of order be determined, and, if in order shall be permitted to proceed.
C. Order of rotation in matters of debate or discussion shall be at the discretion of the
presiding officer.
D. A motion to reconsider any action taken by the board 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 member, and
may be made at any time and have precedence over all other motions or while a
board member has the floor. It shall be debatable.—Nothing herein shall be
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construed to prevent any board member from making or remaking the same or
any other motion at a subsequent meeting of the board, but the matter must be
duly scheduled as-an agenda item.
E. Pursuant to the City's Code of Ethics, a board member may seek the advice of the
City Attorney as to whether the member has a conflict of interest pursuant to law.
If the board member is advised there is a conflict of interest, the member shall
recuse himself/herself, step away from the meeting table, and refrain from
discussion and vote on the matter.
F. After a motion, duly made and seconded, by the board, no person shall address
the board without first securing the permission of the presiding officer.
Section 9
Open Meeti"s and Email.
A. Except for properly-called executive sessions as permitted by state law, all
meetings of the board 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 board shall not conduct synchronized email discussions
involving a matter over which the board has supervision, control,jurisdiction, or
advisory power. Synchronized email discussions are email exchanges among a
majority of board members 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 a majority of board members sitting at their computers and instantly
exchanging emails concerning board business, whereas a passive receipt of
information is where a board member receives an email and responds in the
normal course of time similar to responding by letter received in the mail. The
board shall not view emails or other electronic communication mechanisms
concerning any matter on the agenda during a board 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 board meeting. Emails received by
board members concerning an agenda item shall be forwarded to the staff liaison
or board secretary and retained in accordance with the City's retention policy.
Section 10
Decorum.
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A. While the board is in a session, board members must preserve order and decorum,
and a member shall neither, by conversation or otherwise, delay or interrupt the
proceedings or the peace of the board nor disturb any member while speaking or
refuse to obey the orders of the board or its presiding officer,
B. Any person making personal, impertinent or slanderous remarks or who shall
become boisterous while addressing the board may be denied farther audience
with the board by the presiding officer, unless permission to continue is granted
by a majority vote of the board.
C. The board shall not debate, in a heated or argumentative manner, with a member
of the public presenting testimony during a meeting.
D. Speakers shall only address the agenda item before the board. Any person
speaking on an agenda item not before the bard may be called out of order.
Section 11
Recording of Meetings and Minutes.
A. The board secretary shall prepare a summary of all meetings to be known as the
"Minutes" and to be approved by the board. It shall not be necessary to formally
read out loud the Minutes prior to approval. Such Minutes may be revised by the
staff liaison or board secretary to correct spelling, numbering, and other technical
defects. Prior to approval, any board member may request the privilege of
amending or correcting the Minutes to accurately reflect the substance of the prior
meeting. If objection is made by any board member to such amendment or
correction, a majority vote of the board shall be necessary for adoption of the
correction or amendment. The minutes shall be forwarded to the City Clerk's
office for posting within three months of the meeting.
B. Executive Session Minutes. Executive session minutes shall be taken and
prepared by the board secretary. The board shall approve the minutes of an
executive session in open meeting; provided, however that any discussion
concerning the contents of the minutes, prior to approval, shall be conducted in
executive session. The staff liaison or board secretary will distribute the draft
executive session minutes to the members in a manner that ensures and retains
confidentiality. The board shall follow the provision 2.02.130, BMC related to
dissemination of executive session minutes.
C. Televising, broadcasting or audio recording of meetings: At the discretion of the
board and City Clerk's office, meetings may be televised, broadcast or an audio
recording made. If recorded, audio recordings shall be made available to the
public unless required to be kept confidential by law.
Section 12
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Attendance at Meetings / Removal by Cit Commission / Terms. All board members are
_y
expected to contribute the time necessary to fulfill their fiduciary obligations to the board. All
board members are required if they are to be absent from a meeting to contact the presiding
officer and the staff liaison prior to the meeting. If prior contact is made, the absence will be
determined excused. If the board member fails to contact the presiding officer or staff liaison
prior to the meeting, the absence will be considered unexcused. The City Commission will be
notified by the staff liaison of any board member with three or more unexcused absences in any
calendar year. The board, via motion and vote, may forward to the City Commission the name of
any board member having three or more excused absences, or a combination of excused and
unexcused absences. As provided by law, the City Commission may remove a board member for
excessive absences. A board members term may be extended for up to 30 days after term
expiration on a case by case basis by the Deputy City Clerk if the board member has reapplied
for a subsequent term but the application process has not yet been heard by the City
Commission,
Section 13
ComRliance with the City Code of Ethics. All board members are required to follow State
ethics laws regarding appointed officials and the city of Bozeman Code of Ethics. New board
members will receive the City of Bozeman ethics handbook and must sign a form acknowledging
receipt of the handbook, take an oath they will uphold the state and city ethics codes. Board
members are also required to take an initial ethics training within two months after appointment.
Each year board members are required to attend city sponsored ethics. Non-compliance with the
City Code of Ethics and training requirements may result in removal of a board member. See the
City Code of Ethics for more details.
Section 14
Compliance with the City Purchasing_ Policy. All boards are subject to the City purchasing
policy (Administrative Order 2009-06), as revised, unless specified by law. City staff liaisons
shall handle financial transactions unless specific arrangements have been made in writing
through the City controller.
Section 15
Compliance with State Records Retention Policy. All City boards are subject to the State of
Montana records retention policy.
A. The City Clerk will handle retention of all agendas, minutes and board resolutions
once they have been forwarded to the clerk's office.
B. E-mails, websites and social networking sites are subject to adopted records
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retention schedules. For social media and websites please refer to the current
Information Technology Social Media Use Policy for further guidelines.
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 9 4:!% day of t>,ecA*,64 2013.
/SEAN A. CKER
Mayor
ATTEST-,'
ST EN,-Cl'' c
Ci, I k
APPROVED AS TO FORM-
47"
G kEq LLIVAN
City Attorney
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