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HomeMy WebLinkAboutCity Commission Meeting of Bozeman, Montana Agenda Packet 2007-01-22 18-00_9-20_Adopt Resolution 3971 revising the Commission Rules of Procedure Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Paul Luwe, City Attorney Chris Kukulski, City Manager SUBJECT: Commission Resolution 3971 MEETING DATE: Monday January 22, 2007 BACKGROUND: The Commission requested that the Commission’s Rules of Procedure be amended to encompass the handling of emails so that it comports with state law on open meetings and records. This Resolution was first considered at your October 23, 2006 meeting, but continued to make some additional revisions at the request of Commissioner Becker. Additional changes have been made to this section of the Rules since the last consideration. The gravamen of the changes is Section V. Section V prohibits synchronized email which could be construed as an open meeting violation. This section also prohibits viewing emails that are sent during a meeting unless part of an approved electronic public testimony program. However, a Commissioner can still view an email that was sent prior to a meeting. Lastly, the section provides business emails will be sent to the City Clerk to be custodian of Commission emails. There are several other administrative changes to reflect current policy to include but not limited to the policy meetings, agenda order, presentation of ordinances, and the non appearance of applicants. RECOMMENDATION: The City Commission approve Resolution 3971. FISCAL EFFECTS: No significant fiscal effects have been identified. ALTERNATIVES: As may be recommended by the Commission. Respectfully submitted, _________________________________ ____________________________ Paul J. Luwe, City Attorney Chris A. Kukulski, City Manager Attachments: Exhibit A 9 COMMISSION RESOLUTION NO. 3971 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE RULES OF PROCEDURE FOR THE CONDUCT OF CITY COMMISSION BUSINESS. WHEREAS, the City Commission has adopted its rules of procedure in written form; and WHEREAS, said rules are hereby revised to more accurately reflect the manner in which the Commission wishes to conducts its business. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the rules of procedure, as contained in Exhibit "A", attached hereto and by this reference made a part hereof, are hereby adopted. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 22nd day of January, 2007. __________________________________________ JEFF KRAUSS, Mayor ATTEST: _____________________________________ BRIT FONTENOT City Clerk APPROVED AS TO FORM: __________________________________ Paul J. Luwe City Attorney 10 CITY OF BOZEMAN, MONTANA CITY COMMISSION RULES OF PROCEDURE I. AUTHORITY Montana Code Annotated Section 7-5-4103 provides that the Commission may determine its own rules of procedure for meetings. The following set of rules shall be in effect upon their adoption by the Commission and until such time as they are amended or new rules are adopted. II. ROBERT'S RULES OF ORDER Unless otherwise specifically provided herein or provided by statute, all meetings and hearings shall be conducted in accordance with Robert's Rules of Order, revised. III. COMMISSION MEETINGS A. Regular Meetings: 1. The City Commission shall hold its regular meetings on the first four Mondays of every month. The Commission shall meet in regular session from 6:00 p.m. to no later than 10:00 p.m. in the Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, Montana. However, when the day affixed for any regular meeting of the Commission falls upon a day designated by law as a legal or national holiday, such meeting shall be held at the same hour on the next succeeding day not a holiday. If the Community Room is unavailable, the Commission shall meet in the City Commission Meeting Room, City Hall, 411 East Main Street, Bozeman, Montana. 2. The time of the meeting may be extended by the Mayor or a majority vote of the members of the Commission beyond the time specified above should additional matters remain on the Commission docket or agenda. 3. Any meeting of the Commission may be adjourned to a later date and time, provided that no adjournment shall be for a longer period than until the next regular meeting. B. Public Hearings: 1. When a matter is required by law to have a public hearing, or when a matter is set for a public hearing, upon motion of a City Commissioner, duly seconded and passed, all public hearings will be held, following due notice at the hour of 6:00 p.m. on the first, third and fourth Mondays of the month or as otherwise designated by the Commission, except for the fifth Monday of the month, provided, however, that when the day affixed for any public hearing of the Commission falls upon a day designated by law as a legal or national holiday, such hearing shall be held at the same hour on the next succeeding day not a holiday. 11 2. 1. Public hearings shall be held in the Community Room of the Gallatin County Courthouse located at 311 West Main Street, Bozeman, Montana, or in an alternative location as duly noticed to the public. 3. 2. Any hearing may be rescheduled or adjourned to a later date and time. C. Work sessions. 1. Work sessions shall be held in the City Commission Room in the Gallatin County Courthouse located at 311 West Main Street, Bozeman, Montana, or in an alternative location as duly noticed to the public. 2. The Commission shall meet in work session on the second Monday of the month provided, however, that when the day affixed for any work session of the Commission falls upon the day designated by law as a legal and national holiday, such meeting may be held on the same hour on the succeeding day not a holiday. A work session need not be held if the work session is determined by the Mayor and the City Manager as being unnecessary. Work Sessions shall be scheduled as needed. Work sessions are to review forthcoming programs of the City, receive progress reports on current programs or projects, view sites or community projects of interest, or receive other similar information from the City Manager. All discussions and conclusions thereon shall be informal and no formal action may be taken. Work sessions provide an informal setting for discussion of topics for which no formal action is immediately required. At the Commission=s discretion, public comment may be received during the work session. 3. The Commission is not bound by Robert's Rules of Order during work sessions. D. Optional Concept Reviews. The Commission may, at the request of a landowner, developer or other interested party considering submittal of a development application, conduct a concept review. Concept review is an initial, informal exchange of ideas. The Commission's decision on any formal application will be based on staff findings, the applicable criteria, applicant presentation, evidence submitted and public testimony. Formal public comment will be received during review of a formal application; however, the Commission may, at its discretion, accept questions and written comment from the public during the concept reviews. E. Optional Post Mortem Reviews. Post mortem review is a review by the Commission of a previous decision. Following action on any matter, the Commission may request a post mortem review to be scheduled at the next work session, to determine if revisions to code provisions or other procedural changes are needed to address concerns raised during consideration of the particular agenda item. F. Policy Meetings. The Commission will hold a policy meeting on the second and fourth Thursday of the month. The policy meetings shall be held in the City Commission Meeting Room, City Hall, 411 East Main Street, Bozeman, Montana from 12:00 P.M. to 1:30 P.M. Policy meetings provide an informal setting for discussion of policy issues for which no formal action is immediately required. At the Commission’s discretion, public comment may be received during the policy meeting. The Commission is not bound by Robert's Rules of Order during work sessions. 12 IV. AGENDA All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Commission, shall be submitted to the City Clerk by 12:00 noon on the Wednesday immediately preceding the next scheduled Commission meeting, provided, however, that the City Manager may approve late submittals deemed to be in the City's best interest. The 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 with a copy of the agenda and packet of information prior to the Commission meeting on the Thursday immediately preceding the next scheduled Commission meeting. Copies of the agenda shall be available from the City Clerk and one copy shall be posted at the designated posting board in the Municipal Building for public viewing. Pursuant to Section 7-1-4135, MCA, the City Commission designates as its official posting place the posting board in the lobby of the Municipal Building located at 411 East Main Street, Bozeman, Montana. ORDER OF BUSINESS FOR REGULAR MEETINGS The City Manager shall prepare the Commission agenda which shall be in substantially the following form: 1. Pledge and Moment of Silence 2. Public Service Announcement 3. Approval of Minutes 4. 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.) 5. Public comment 6. Public hearings 6. Public interest matters/Action items 8. Non-action items 7. FYI/Discussion 8. Adjournment NOTE: Items not on the agenda may be discussed at the discretion of the Commission, but NO action may be taken until formally placed upon an upcoming meeting's agenda. EXCEPTION: (Order may be adjusted by Commission consent.) V. OPEN MEETINGS AND EMAIL 13 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. 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 on either the City email address or their private email address concerning an agenda item shall be forwarded to the City Clerk. The Clerk shall retain these emails in accordance with the City’s document retention policy. VI. MAYOR AND MAYOR PRO TEMPORE The presiding officer of the Commission shall be the Mayor. The Commission shall appoint a Mayor Pro Tempore. During the absence of the Mayor, the Mayor Pro Tempore shall discharge the duties and exercise the powers and authority of the Mayor. The presiding officer shall preserve strict order and decorum at all meetings of the Commission and confine members in debates to the question under consideration. The Mayor shall assign each Commissioner to a seat at the commission table as the Mayor deems advisable. Upon passing the gavel, the Mayor may move or second any item of business then before the Commission. The Mayor shall state, or cause to be stated, every motion coming before the Commission, announce the decision of the Commission on all subjects, and decide all questions of order, subject, however to an appeal to the Commission, in which event a majority vote of the Commission shall govern and conclusively determine such question of order. The Mayor shall vote on all questions with the Mayor's name being called last. The Mayor shall sign all ordinances and resolutions adopted by the Commission during his presence within two days after the Commission meeting at which they were adopted. In the event of the absence of the Mayor, the Mayor Pro Tempore shall sign ordinances or resolutions as then adopted. VII. CALL TO ORDER The Mayor, or in his/her absence, the Mayor Pro Tempore, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Commission to order. In the absence of the Mayor or Mayor Pro Tempore, the City Clerk shall call the Commission to order, whereupon a temporary chair shall be elected by the members of the Commission present. Upon the arrival of the Mayor or Mayor Pro Tempore, the temporary chair shall relinquish the chair upon the conclusion of the agenda item immediately pending before the Commission. 14 VIII. LISTING OF ATTENDANCE The City Clerk shall enter the names of those Commissioners present in the minutes. IX. QUORUM AND VOTING A quorum shall consist of three Commissioners. If a quorum is not present, those in attendance shall be named and shall adjourn to a later time. The City Clerk shall reduce motions to writing and, upon request, the motion shall be read prior to the vote. The affirmative vote of three Commissioners shall be necessary to adopt or reject any motion, resolution or ordinance, or pass any measure unless a greater number may be required by law. Upon every vote, the ayes and nays shall be called and recorded. X. MINUTES Minutes of all meetings shall be recorded. Minutes shall be approved by the Commission. It shall not be necessary to formally read the minutes prior to approval. Such minutes may be revised by the City Clerk to correct spelling, numbering and other such technical defects. Prior to approval, any Commissioner may, through the Mayor or the Clerk, request the privilege of amending or correcting the minutes to accurately reflect the substance of the prior meeting. If objection is made by any Commission member to such amendment or correction, a majority vote of the Commission shall be necessary for adoption of the correction or amendment. XI. RULES OF DEBATE 1. Every Commissioner desiring to speak shall address the Chair, and upon recognition by the presiding officer, shall confine discussion to the question under debate, avoiding all personalities and indecorous language. 2. A Commissioner, once recognized, shall not be interrupted when speaking unless it is to be called to order, or as herein otherwise provided. If a Commissioner, while speaking is called to order, the Commissioner shall cease speaking until the question of order be determined, and, if in order, the Commissioner shall be permitted to proceed. 3. Order of rotation in matters of debate or discussion shall be at the discretion of the Mayor. 4. a. A motion to reconsider any action taken by the Commission 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, 15 and may be made at any time and have precedence over all other motions or while a Commissioner has the floor. It shall be debatable. b. Nothing herein shall be construed to prevent any Commissioner from making or remaking the same or any other motion at a subsequent meeting of the Commission, but the matter must be an agenda item. 5. Any Commissioner who has a conflict of interest as defined by the Code of Ethics previously adopted or as may be amended by the City Commission or as established by the laws of the State of Montana or as advised by the City Attorney shall not participate in the debate nor vote in that matter. Any Commissioner attempting to so participate may be censured by a majority vote of the remaining members of the City Commission. ("Censured" is defined as a formal resolution of the legislative body reprimanding a member for specified conduct. An official reprimand or condemnation.) 6. After a motion, duly made and seconded, by the Commission, no person shall address the Commission without first securing the permission of the Chair. XII. ORDER OF PRESENTATION AND PUBLIC PARTICIPATION IN REGULAR MEETINGS AND PUBLIC HEARINGS 1. The procedure in which items are presented to the Commission shall be as follows: a. The City Manager shall present the agenda item to the Commission. b. The City Staff may present a background report on the matter for discussion. If the agenda item is a public hearing, the public hearing will be opened prior to staff presentation. c. Comments from the applicant, or his agent, shall be heard by the Commission. The applicant’s presentation/testimony is limited to ten (10) minutes. d. After being recognized by the Chair, a Commissioner may direct questions to the staff or applicant. e. Members of the audience or their agent may be invited to present testimony or other evidence beginning with those in favor of the proposal, then from those opposing the proposal and then from anyone desiring to comment. To be recognized, each person desiring to give testimony shall step to the lectern and, after being recognized, give his or her name and address before testifying, commenting or presenting other evidence. The audience presentation/testimony is limited to three (3) minutes per speaker. f. After being recognized by the Chair, a Commissioner may direct questions to any person so testifying for purposes of clarification. 16 g. Following public comment, the applicant and staff shall be given the opportunity to comment on any testimony or other evidence. h. That following staff comment, 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 to five (5) minutes. i. The Mayor may lengthen or shorten any of the aforementioned time limits provided the change in time limits is announced prior to applicant’s presentation. j. After being recognized by the Chair, a Commissioner may direct questions limited to the rebuttal testimony and evidence. k. The presiding officer, City Manager, City Clerk or City Attorney shall read into the record all correspondence received, to include the public hearing sign-up sheet that has been received but was not yet provided to the Commission. l. Except for public hearings, The Commission may continue the discussion to a date certain, close discussion and vote on the matter, or close the discussion and continue the vote to a date certain. m. If the agenda item is a public hearing, the Commission, after presentation of all comments, testimony and evidence, may continue the public hearing to a date certain to allow additional information to be submitted, close the public hearing to discuss and vote on the matter, or close the public hearing for receiving written public comment and testimony pending the continued discussion. If the Commission chooses the close the public hearing and continue to accept written public comment, the written comment must be received in the City Clerk's office by 5:00 p.m. on Wednesday of the following week and preceding the next scheduled meeting for the agenda item. The Commission may elect to shorten or lengthen this time period or elect not to receive any written comments. The Commission, upon the request of a Commissioner who is to be absent from a meeting at which a public hearing on a particular item of interest is scheduled, shall reschedule the public hearing until a full Commission is present, unless precluded from doing so due to statutory time constraints. 2. All testimony and evidence shall be directed to the Chair. No person, other than a Commissioner and the person recognized as having the floor, shall be permitted to enter into the discussion. No questions shall be asked of a Commissioner except through the presiding officer. 3. The Commission may ask staff for its recommendation. 4. In the event the applicant does not appear at the scheduled time and place, unless the applicant has waived his or her appearance in writing, and which waiver has been accepted by the Commission, or unless the matter is submitted as a consent item, the matter shall may be continued to the next regular meeting, public hearing date, or other date certain. 17 5. 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. 6. Commissioners are urged to state the reasons for their decisions, particularly on land use issues; the record must reflect reasons for all decisions involving zoning variances. 7. Witnesses may be required to testify under oath. 8. The Commission shall not be bound by the strict rules of evidence, but may exclude irrelevant, immaterial, incompetent or unduly repetitious testimony or evidence. 9. The Chair shall rule on all questions relating to the admissibility of evidence with advice from the City Attorney, which ruling may be overruled by a majority vote of the Commission. 10. 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. If additional information is required from the public before a decision can be made, the Commission upon motion duly made, seconded and passed, may call for an additional public hearing which hearing shall be duly noticed, specifying date, time place and subject matter of hearing. This paragraph does not preclude the Commission, after the public hearing, from asking questions of staff, receiving additional evidence from staff or, after a hearing held on a preliminary plat, pursuant to Section 76-3-605, M.C.A., from consulting the subdivider about conditions or other mitigation required of the subdivider. If the motion is made to reopen the public hearing prior to close of the agenda item in which the hearing was closed, the requirement to provide public notice does not apply; the public hearing may be reopened and the additional input provided prior to moving to the next agenda item. XIII. DECORUM 1. While the Commission is in a session, the Commissioners must preserve order and decorum, and a Commissioner shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Commission nor disturb any member while speaking or refuse to obey the orders of the Commission or its presiding officer. 2. Any person making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the Commission shall be forthwith barred from further audience with the Commission by the presiding officer, unless permission to continue be granted by a majority vote of the Commission. 3. The Commission shall not debate, in a heated or argumentative manner, with a member of the public presenting testimony during a public hearing or regular meeting. 4. Speakers shall only address the agenda item before the Commission. Any person speaking on an agenda item not before the Commission shall be called out of order. 18 XIV. BOARDS, COMMISSIONS AND COMMITTEES In addition to boards and commissions established by Statute, the Commission may create boards, commissions or committees as determined necessary. All City boards, commissions or committees will be established by the City Commission and members appointed following a public solicitation through the newspaper advertised 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. For those new boards where initial appointments have been made for one year or less to create staggered terms, preference shall be given to reappointment of the incumbent. XV. ORDINANCES AND RESOLUTIONS 1. Preparation of the Ordinance. All ordinances and resolutions shall be prepared or approved by the City Attorney. No ordinance or resolution shall be prepared for presentation to the Commission unless ordered by a majority vote of the Commission, requested by the City Manager or prepared by the City Attorney on his own initiative. 2. Staff Review. The ordinances and resolutions shall, before presentation to the Commission, be approved as to form by the City Attorney and shall have been examined and approved for administration by the City Manager, except for standard boilerplate ordinances and resolutions that have been previously approved by the City Attorney. Unless the City Manager provides otherwise, all such instruments shall have first been referred to the head of the department under whose jurisdiction the administration of the subject matter of the ordinance or resolution would evolve. 3. Introduction and Passage. Ordinances and resolutions must be introduced by a member of the Commission, City Manager or City Attorney; otherwise, ordinances or resolutions shall not be considered by the Commission. a. A draft of the proposed ordinance shall be presented to the Commission for review and comment unless the Commission has considered the subject matter of the proposed ordinance in a different forum. b. If the draft ordinance is approved by the Commission, it shall then be placed on the agenda for first reading and provisional adoption, with second reading and final adoption occurring at least twelve (12) days after the first reading and provisional adoption. After an ordinance is being provisionally adopted (passed on 19 first reading), the ordinance shall be posted in a conspicuous place in the Municipal Building, 411 East Main Street, Bozeman, Montana, and copies thereof shall be available to the public from the City Clerk. The reading of the ordinance's title and number shall be sufficient to constitute a reading and an actual oral pronouncement of each work contained therein of the proposed ordinance or resolution is not required and shall be waived unless required by a majority vote of the City Commission. c. All ordinances, except emergency ordinances, shall become effective thirty (30) days after final adoption. All emergency ordinances shall become effective upon passage. 20