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HomeMy WebLinkAboutBackup from LawSec. 2-33. - Order of business and rules of procedure. (a) The rules and regulations regarding the procedure of the city commission at all regular meetings are hereby established and adopted. (b) The first order of business shall be the approval of the minutes of the previous meeting. A copy of said minutes shall be distributed to the mayor and each of the commissioners prior to the meeting to enable the mayor and each commissioner to review the contents thereof. (c) After approval of the minutes of the previous meeting(s), all business that shall come before the city commission shall be taken up in the order as such items of business appear on the city commission agenda in accordance with the following provisions: (1) The agenda shall be prepared by the city manager in an appropriate form approved, from time to time, by the city commission. Matters may be placed on the agenda by the mayor, any member of the city commission, the city manager, the city attorney, the city clerk, and a city board as defined in section 2-882 of this Code. An elected official who desires to sponsor or co- sponsor any such matter must submit such a request in writing to the agenda office or direct his or her chief of staff to do the same. (2) Any member of the public shall be entitled to speak on any proposition before the city commission in which the city commission may take any action through the presiding officer. Unless further time to speak is granted by the presiding officer of the city commission, any person addressing the commission shall limit his or her address to two minutes. The opportunity to be heard need not occur at the same meeting at which the city commission takes official action on the proposition, if the opportunity occurs at a meeting that is during the decision making process and is within reasonable proximity in time before the meeting at which the city commission takes official action. This does not prohibit the city commission from maintaining orderly conduct or proper decorum in a public meeting. (3) The requirements of subsection (c)(2) shall not apply to: a. An official act that must be taken to deal with an emergency situation affecting the public health, welfare, or safety, if compliance with the above requirements would cause an unreasonable delay in the ability of the city commission to act; or b. A ministerial act, including but not limited to, approval of minutes and ceremonial proclamations. (4) Any member of the public shall be entitled to be scheduled on the agenda of a regular meeting of the city commission for presentation of information and material to be considered by the commission within the scope of the jurisdiction of the city commission after the city manager has communicated with the member of the public and reviewed or investigated the member's issue, unless otherwise directed by the mayor or a member of the city commission. If the city manager is able to resolve or remedy the concerns of the member of the public, the member of the public may elect to withdraw the request to appear before the city commission. If the matter is not or cannot be resolved or remedied by the city manager, then, at the will of the member of the public, the request for appearance shall be scheduled on the next available agenda and the city manager shall submit a report in the agenda packet detailing actions taken to resolve or remedy the matter and administrative recommendations. (5) The total number of items that may be scheduled on a regular city commission agenda shall not exceed 60 items. All matters on the consent agenda shall count as one item. (6) The lunch recess shall begin: a. At 12:00 noon; b. At the conclusion of deliberations of the agenda item being considered at 12:00 noon; C. At the conclusion of statements made by the person who has been recognized to address the commission immediately prior to 12:00 noon; or d. At any time deemed appropriate by the city commission. (7) The city commission meetings, shall adjourn: a. At the conclusion of deliberation of the agenda item being considered at 10:00 p.m., unless the time is extended by unanimous agreement of the members of the city commission then present, or b. At the conclusion of the regularly scheduled agenda, whichever occurs first. This rule does not apply to city commission meetings required for annual budget hearings. (8) Any vote of the city commission pertaining to the establishment of a rescue mission, the continuation of a rescue mission, or action relating to a rescue mission in the city that arises pursuant to the zoning ordinance or comprehensive plan requires the concurrence of four affirmative votes. (9) The city commission may, when it deems necessary, create legislative pilot programs for a limited period of time not to exceed one year regulating any area within the city commission's powers set forth in Section 4 of the City Charter. Any such pilot program may be reinstated for one additional year. (d) A copy of requests, petitions, and applications shall be placed before the mayor and each member of the city commission, supported by administrative memoranda and such information as may be necessary to enable the city commission to reach a decision. All such requests, petitions, and applications, except in cases of extreme emergency, shall be in the hands of the city manager for a period of at least 21 days prior to a regular meeting, to enable the administration to prepare necessary memoranda, data, or reports. (e) All resolutions and ordinances except land use changes, zoning changes, board and committee appointments, and election results shall be reviewed by the office of management and budget for any fiscal impact prior to placement on any agenda. (f) A copy of each agenda item including each resolution and ordinance and all attachments and back-up material shall be furnished to the mayor and members of the city commission at least five full business days before each regular city commission meeting with the exception of veto items. This rule shall be deemed suspended unless invoked by a commissioner before the commission takes action on the resolution or ordinance in question. Once the rule is invoked, no action can be taken on the resolution or ordinance unless the rule is suspended by majority vote of the commissioners present. Nonscheduled ("pocket") items may be introduced for consideration at a city commission meeting by the mayor, a commissioner, the city manager, or the city attorney provided that the city commission by a majority vote deems such resolution or ordinance to be of an emergency nature. (g) Consistent with the time frame requirements set forth in subsection (e) above, the following shall be posted on the internet: (1) The city commission agenda simultaneous with its distribution; (2) The supplemental agenda and any information related to the upcoming agenda simultaneous with its distribution; and (3) The city clerk's report and annotations to the agenda immediately after its release by the city clerk subsequent to the city commission meeting to which it applies. (h) All notices of all intentions to ask questions, together with a copy of such questions, shall be given to the city manager five days before each regular meeting. In all questions of policy presented to the city commission by the mayor, the city manager, or any departmental head, notice thereof, together with a copy of questions supported by memorandum setting forth the rules of action by the city commission, shall be filed three days before the meeting and given to the mayor and each member of the city commission. (i) All ordinances shall be read by title only prior to passage by the city attorney. All resolutions shall be briefly described upon a printed agenda. (j) The agenda portion entitled "consent agenda" shall be scheduled among the initial items for city commission consideration. Consent agenda items that are removed from the agenda prior to city commission consideration shall automatically be scheduled as a regular agenda item at the next regularly scheduled meeting of the city commission, unless, by an unanimous vote of all commissioners present, the city commission considers such consent item as a regular item at the same meeting. (k) Any scheduled agenda item not considered prior to the adjournment of the first regular monthly city commission meeting shall be perfunctorily regarded as a continued item and scheduled on the next immediate month's first regular city commission agenda. Any scheduled agenda item not considered prior to the adjournment of the second regular monthly city commission meeting shall be perfunctorily regarded as a continued item and scheduled on the next immediate month's second regular city commission agenda. (1) Nothing in this section shall prohibit either the mayor, the commissioner designated as the presiding officer of the city commission, or three city commissioners from calling special meetings at any time provided that written notice of the request for a special meeting is delivered to the city clerk at least 72 hours in advance. The city clerk shall then notify the mayor, each member of the commission, the city manager, the city attorney, and the public of the special meeting including the business to be considered at the special meeting. No business shall be conducted or a vote taken at a special city commission meeting on business other than the subject(s) for which the special meeting is called. (m) Any commissioner who so desires may be a signatory on city proclamations. Any such proclamations or other protocol items may be presented at a city commission meeting or, in the discretion of the presiding officer, may be presented prior to the commencement of any city commission meeting. Nothing herein shall prevent a proclamation from being presented at a non - city commission meeting. (n) If the engagement of an executive director, regardless of title, of any board as defined in section 2-882 of this chapter, is required to be approved, ratified, or confirmed by the city commission, prior to such approval, ratification, or confirmation, the individual proposed to be engaged by a board shall make every reasonable attempt to meet with each member of the city commission. (Code 1967, § 2-9; Ord. No. 8857, § 1, 9-28-78; Ord. No. 11114, § 1, 1-13-94; Ord. No. 11120, § 1, 2-17-94; Code 1980, § 2-13; Ord. No. 11293, § 2(2-13), 9-14-95; Ord. No. 11532, § 2, 7-24-97; Ord. No. 11564, § 4, 10-28-97; Ord. No. 11642, § 2, 4-14-98; Ord. No. 11654, § 2, 5-12-98; Ord. No. 11723, § 1, 11-17-98; Ord. No. 11724, § 1, 11-17-98; Ord. No. 11786, § 1, 4-27-99; Ord. No. 11865, § 2, 11-14-99; Ord. No. 11942, § 1, 7-20-00; Ord. No. 12074, § 2, 5-24-01; Ord. No. 12134, § 1, 10-11-01; Ord. No. 12310, § 1, 12-12-02; Ord. No. 12352, § 1, 4-10-03; Ord. No. 12409, § 1, 9-25-03; Ord. No. 12498, § 1, 2-26-04; Ord. No. 12586, § 1, 9-9-04; Ord. No. 13182, § 1, 6-10-10; Ord. No. 13438, § 2, 3-13-14; Ord. No. 13768, § 2, 6-14-18; Ord. No. 13769, § 2, 6-28-18; Ord. No. 13832, § 2, 3-28-19; Ord. No. 13883, § 2, 12-12-19) Editor's note- Ord. No. 12498, § 1, adopted February 26, 2004, enacted provisions intended for use as subsection (c)(7). Inasmuch as there are already provisions so designated, and at the discretion of the editor, said provisions have been redesignated as subsection (c)(8). Charter reference- Authority of commission to determine its own rules of procedure, § 4(e). Editor's note— Ord. No. 12352, § 1, adopted April 10, 2003, enacted provisions intended for use as subsection (m). Inasmuch as there are already provisions so designated, and at the discretion of the editor, said provisions have been redesignated as subsection (n).