Loading...
HomeMy WebLinkAboutApprove updated Rules of Procedure for Parking Commission_15 Bozeman Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Aimee Brunckhorst, Deputy City Clerk Stacy Ulmen CMC, City Clerk SUBJECT: Approve updated Rules of Procedure for the Parking Commission. MEETING DATE: June 2, 2014 MEETING TYPE: Consent RECOMMENDATION: Approve rules of procedure for the Parking Commission. BACKGROUND: In the summer of 2011 the City Commission revised their rules of procedure with amendments to Bozeman Municipal Code 2.04 (now 2.02) through Ordinance 1807. Within Ordinance 1807 was a requirement that the City Clerk and City Attorney prepare model rules of procedure that comport with the City Commission rules of procedure through resolution to be approved by the Commission. The model rules were then created and approved through Commission Resolution 4377. The Parking Commission has reviewed the model rules of procedure and combined them with their current rules of procedure (by-laws). The resulting rules of procedure were approved by the Parking Commission on March 19th, 2014. This item comes before the City Commission as a final approval that the model rules of procedure will now be the governing rules of procedure document for the Parking Commission. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: None identified. ATTACHMENTS: Rules of Procedure Report compiled on May 19, 2014 159 BPC Bylaws Page 1 of 12 BOZEMAN PARKING COMMISSION BYLAWS Section 1 Creation. A. The City of Bozeman Parking Commission (BPC) was created in 1974 under Section 7- 14-46 of Montana Code Annotated, and by City Commission Resolution No. 1676. B. The duties and powers of the BPC were revised by Commission Resolution No. 1839 in 1976 and by Commission Resolution No. 3803 in 2005. Section 2 Purpose. The BPC is responsible for managing and regulating public parking in the City’s Parking Districts to best serve the needs of its customers: businesses, residents, employees, and visitors. Section 3 Applicability. A. These rules shall govern the conduct of the BPC 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 the relate to procedures for conducting meetings and public hearings before City Boards. Section 4 Commission Composition, Power and Duties. A. Commissioners. The business and assets of the BPC shall be managed and controlled by the Commissioners. 160 BPC Bylaws Page 2 of 12 B. Number and Terms. The seven members are appointed by the Mayor, with the approval of the City Commission to staggered four-year terms. C. Authority and Power. The BPC shall have such powers and duties as are provided in Title 7-14-46, Montana Code Annotated. The Commissioners shall have the authority and power for carrying out any and all purposes of the BPC. To carry out its duties the Commission may delegate certain authority and duties. D. Chairperson and Vice Chairperson. During the first meeting of the board each year, the board shall appoint by majority vote, a Chairperson and a Vice Chairperson. Terms are for one year and begin on January 1 and end on December 31. Officers can serve multiple, successive terms. If appropriate, they shall also appoint a board secretary. The recording secretary may be a staff 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 shall state, or cause to be stated, every motion coming before the board, announce the decision 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. E. Committees. The Chair shall appoint the chairperson and members of such committees as are authorized by the Commission. Standing committees shall be appointed by the Chair with the approval of the Board. The members and terms shall be as necessary to carry out the business of the Commission. No committee shall consist of more than three Commissioners to avoid an unpublicized quorum. 1) Marketing Committee. A Marketing Committee will promote the actions of the BPC and its assets. 2) Executive Committee. An Executive Committee shall offer direct supervision of the City’s Parking Manager. The Executive Committee will serve as the BPC’s public liaison. The Committee will include the BPC’s Chair and Vice-Chair and the most recent past Chair. 3) Strategic Planning Committee. A Strategic Planning Committee will develop the policies of the BPC. All policies must be approved by the full commission. 4) Adhoc Committee(s). With approval from the BPC, the chair shall call for additional committees to serve the interest of the BPC. 161 BPC Bylaws Page 3 of 12 F. Compensation. Commissioners, including officers, shall not receive compensation for their services, but bona fide expenses, as approved by a majority of the Commissioners may be paid from the Parking Enterprise assets. However, no Commissioner or officer will have any right or entitlement to any asset of the BPC. Section 5 Resignations, Vacancies, and Removal. A. Resignations. Resignations from the BPC shall be in written form to the Chair who will then notify the BPC. B. Vacancies. Vacancies shall be filled as soon as possible by the Mayor with City Commission approval. C. Removal. Any appointee may be removed from the BPC with a majority vote of the City Commission. Three unauthorized consecutive absences from BPC meetings shall be grounds for removal as a member of the Commission. Such removal will be by action of the City Commission upon recommendation by the BPC. Absences shall be authorized by the Chair or designee. Section 6 Employees. A. The BPC shall have at its disposal the City Parking Manager. With the approval of the City Manager, the BPC hires and manages the Parking Manager. The Parking Manager serves as the Executive Director of the BPC. B. The Parking Manager manages the city’s parking employees, including the staff that enforces the parking regulations within the BPC’s districts of responsibilities. Section 7 Parliamentary Authority. Unless otherwise specifically provided herein or by ordinance or statute, all meetings and hearings of the Bozeman Parking Commission 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. 162 BPC Bylaws Page 4 of 12 Section 8 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 Bozeman Parking Commission 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 Chairperson 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. 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/Discussion1. xi. Adjournment. Order of the above may be adjusted by the presiding officer. 1 No action may be taken on items brought up during this section which are not on the agenda. Discussion must be limited to informational items only or to discuss placing an item on a future agenda; for more substantive or detailed discussion on an item it must be scheduled for an upcoming agenda. 163 BPC Bylaws Page 5 of 12 Section 9 Meetings and Voting. A. Meetings. Meetings of the BPC shall be held at least monthly at a time and place designated by the Chair. Special meetings may be called the by Chair, Vice-Chair, or any three Commissioners. A quorum consisting of fifty percent of the voting Commissioners or proxies shall be required for the transaction of business. B. Notice and Nature of Public Meetings. All meetings of the BPC 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. 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 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 members 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 10 Order of Presentation / Public Participation. A. The order 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. 164 BPC Bylaws Page 6 of 12 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 member may direct questions limited to the rebuttal testimony and evidence. xi. The 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. 165 BPC Bylaws Page 7 of 12 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. H. Witnesses may be required to testify under oath. I. 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 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 11 Quorum and Voting. A. Unless otherwise provided by law, a quorum shall consist of a majority of 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. 166 BPC Bylaws Page 8 of 12 B. 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 12 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 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. 167 BPC Bylaws Page 9 of 12 Section 13 Open Meetings 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 14 Decorum. 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 further audience with the board by the presiding officer, unless permission to continue is granted by a majority vote of the board. 168 BPC Bylaws Page 10 of 12 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 board may be called out of order. Section 15 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 16 Attendance at Meetings/Removal by City Commission/Terms. All board members are 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 169 BPC Bylaws Page 11 of 12 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 17 Compliance 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 18 Compliance with the City Purchasing Policy. The Parking Commission Board is subject to the City purchasing policy (Administrative Order 2013-06), 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 19 Compliance with City Ordinances for Non Discrimination. The Board shall adhere to all applicable non-discrimination provisions adopted by the City of Bozeman. These include but may not be limited to the following: A. Resolution No. 4243 - Policy Not to Discriminate in Employment and Benefits on the Basis of Sexual Orientation and/or Gender Identity. A resolution of the City Commission of the City of Bozeman that the City will not discriminate in employment and benefits on the basis of sexual orientation and/or gender identity. Adopted on February 8, 2010. B. Resolution No. 4250 - Policy Prohibiting Discrimination in Contracts and Agreements. A resolution of the City Commission of the City of Bozeman, Montana, adopting a policy prohibiting the discrimination in the entering into and implementation of contracts and agreements of all kinds including bidding and certain purchases. Adopted on March 29, 2010. 170 BPC Bylaws Page 12 of 12 Section 20 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 retention schedules. For social media and websites please refer to the current Information Technology Social Media Use Policy for further guidelines. Section 21 Fiscal Year. The fiscal year of the BPC shall match the City’s, beginning on July 1 and ending on June 30. Section 22 Office of Agency. A. The BPC shall maintain its offices in the City of Bozeman Parking Office, Room 206, Al Stiff Professional Building, 20 East Olive Street, Bozeman, MT 59715. B. It shall maintain as its mailing address P.O. Box 1230, Bozeman, MT 59771. Section 23 Amendments. The Commissioners shall have the power to amend the Bylaws of the BPC by majority vote. Adopted February 9, 2011 Amended March 19, 2014 171