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City Council Packet - 08/15/1983 1IGARD CITY COUNCIL SPECIAL MEETING AGENDA AUGUST 15, 1983, 7:30 P.M. TIGARD CITY HALL 1. SPECIAL MEETING: 1.1 Call To Order and Roll Call 2. SURPLUS PROPERTY RESOLUTION No. 83- 3. PORTLAND CHAIN (PR REMAND TO PC) 4. COUNCIL RULES WORKSHOP o Commumications Exercise o Councilor Comments o Group Discussion and Consensus(?) 5. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1)(e) to discuss land acquisition. 6. ADJOURNMENT NOTE: Mayor's Appointments Advisory Committee scheduled for 8/22/83, 4:30 - 5:30 PM at City Hall. Recommendations on 8/29/83. 1 COUNCIL AGENDA - AUGUST 15, 1983 (iw/0316A) 0 / 10 T I G A R D C I T Y C O U N C I L SPECIAL MEETING MINUTES - AUGUST 15, 1983 - 7:30 P.M. 1, ROLL CALL: Present: Mayor Wilbur Bishop; Councilors: Tom Brian, Kenneth Scheckla (arriving at 7:e ; o 0rPB )Jean, City and Ia Administrator. cott; City Staff: Admirist ator Doris Hartlg, Y addingt em regading Mayor Bishop requested Consensusof Co ncT l wasrecognition ot toadditem.of Howard Williams Community efforts. EAL 2. RESOLUrION NO. 83-75 A RESOY,UTI PROPERTY, XTNGR A RING E E F CITY R MINIMUMPRICEANDSETTING THE CONDITIONS AND TERMS OF SALE. (a) Motion by Councilor Brian, seconded by Councilor Scott to approve. F vote of Council present. Approved by unanimous k 3. PORTLAND CHAIN (CPA REMAND TO PLANNING COMMISSION) a (a) City Administrator gave staff report noting that the applicant ehad ta hearing before the Planning Commission and was asking to app the City Council, stating they had add=cional information to submit. u m t. The City Attorney recommended the information be made a part he record before any decision is made and that the issue be remanded to the Planning Commission for further consideration. Due to the 15 day time-line for appeal the City Administrator suggested Council consider the issue tonight. Councilor Brian suggested getting a letter from the applicant stating there is new information they did not have an opportunity to give at the Planning Commission. o Council discussed the remand to Planning Commission or hearing by Council without the new information. onded by Councilor Scott to remand the Motion by Councilor Brian, sec appeal to the Planning Commission without prejudice. Motion approved by unanimous vote of Council present. 4. COUNCIL RULES WORKSHOP o Mayor Bishop opened discussion with comments that Council members should recognize the Chair when speaking, not interrupt but respect the speaker. He noted the Chair has the duty to maintain proper s should be conducted dut ecorum during attacksmbytmembers,1est staff or g audience and allow the cityto P conduct its business. COMMUNICATION EXERCISE o City Administrator distributed a communication exercise given at Timothy Lake Conference by a communication specialists. 'Purpose of the exercise was to point out that most difficulties come from honest honest differences of opinions and not miscommunication and listening. The exercise was used to illustrate the benefit of better group decision making. City Administrator stressed the need for rules, courtesy and active listening. PAGE 1 - COUNCIL MINUTES - AUGUST 15, 1983 COUNCILOR SCHECKLA ARRIVED 7:50 P.M. Group worked exercise and discussed answers. COUNCILOR COMMENTS: o Councilor Scheckla commented on the following: Meetings running late. Does not like 2 meetings in a row. Mon and Wed. would be better than Mon. & Tues. Executive Sessions, too many and members get off the subject. Should be limited to the agenda topic only. During Council meeting, at times people will leave the bench and then come back. Suggests they do not leave while Council is conducting business and save until later. o Mayor Bishop added that he heard continents Council members were disrespectful in that they do not listen and talk back and forth. o Councilor Scott noted times staff has conversations with City Attorney and felt Council needs the entire staff's attention. i o City Administrator suggested to correct the problem, that if staff leaves it should go through the Chair. Councilor Scheckla suggested a recess in meeting and then try to work out the problem. o Councilor Scott 's comments/suggestions: Requested feed back to try to work out problems. Dislikes the way agendas are prepared. Suggested one Councilor assist City Administrator for each 3 months on a rotating basis. Feels this would make a better relationship between Council and City Administrator. Would like to see old unfinished business placed first on agenda. Have all Council members involved in any discussion regarding the city, does not like to be in the dark. Suggested the Council meet the first monday of month, if city business does not require four meetings then can cancel out the 4th meeting. Do not meet two nights in a row. If an executive session held, go no longer than 11:30 p.m. Make sure executive meetings are recorded. Take election precautions. a Stressed the two forms, LB 50 and LB 60 be filled out in ample time for their review by the State office. Council should have more to say on the priority list and have up-date as to status. She has not had reply regarding personnel files. o City Administrator showed. City Attorney's office work book and explained the issues that bumped the personnel issue, that were high on Council priorities, such as Crow lease, litigation, etc. He noted he would welcome some Council involvement in establishing priorities. E PAGE 2 - COUNCIL MINUTES - AUGUST 15, 1983 i r' o Councilor Scheckla added he would like to see the Council meetings be held all at one place, Staff to check out Fowler School Dist. rules regarding use of school space. o Councilor Scott stated she resented staff having to report on her movements in city hall. She felt her actions were not disturbing city staff and stressed she felt there was no harmony or working together. Discussion followed by Council regarding rules governing treatment of general public and city council members. Councilor Scott felt she has not abused the system and was trying to gather information and keep informed. o Councilor Scott brought up the subject of a payroll error for a "green thumb" employee. City Administrator stated he was not previously informed of the issue and would check out the matter. Council continued to discuss procedures and going through City Administrator or Department Head when asking for information in advance as well as making appointments before coming in. Councilor Scheckla stated he had a problem with the request to make an appointment due to his work schedule. City Administrator noted this discussion strikes to the very essence of the City Administrator/Council relationship and referred to items distributed in Council packets. o Councilor Scheckla continued that he would like to know when the City Administrator is going to be out of town. o City Administrator commented he would always see or hear from a Councilor and in his absence Council should direct requests to Department Heads, but he needs to hear Council comments in order to be responsible and do his job. He suggested they not go around him when seeking information. Discussion by Councilors regarding contacting City Hall staff and City Administrator for information. o Councilor Scott feels the Mayor should take more consideration for latecomers on sign up sheets-when the signup sheets have already been picked up and give them a chance to speak. She resented a letter by City Administrator dated 4/11/83 and also the memo on Council rules regarding disciplinary action and questioned his authority to do so. t z o City Administrator responded there is a minimum of communication between certain Council members and himself and he is trying to tell staff they should forward the requests to their supervisor and follow their direction. He is trying to follow Council rules and if Council is concerned they should amend and review the rules. i i f PAGE 3 -- COUNCIL MINUTES - AUGUST 15, 1983 z t i i Discussion followed regarding the ground rules, adoption by Council and Citv Administrator abiding by their guidelines. City Administrator commented the issue is the council/manager relationship and urged Council to give him a chance to work for them. Councilor Brian and Mayor Bishop commented they felt comfortable with City Administrator and trust the information from him. They discussed policy and leaving the administrative details to City Administrator. Councilor Brians comments. Council should deal with "what they want" and not "how" it is done. Decide on a policy and leave details to City Administrator. Council needs to work for the future and identify goals. Agree on some of the community goals and work on them. Suggested holding another workshop to continue discussion on ground rules, community goals and guide lines. Work closer together as a working team. Don't nit pick. o Councilor Scheckla commented he felt the TURA issue has divided the Council and will continue to do so until the issue is settled. He felt City Administrator was interested in 3-2 vote only and not trying to get 5-0 vote and draw Council together. He noted his lack of confidence in the City Administrator. Councilor Brian concurred that TURA was a big issue between Council but suggested a proper positive attitude was worth working for. He commented the Council will be unable to make any progress unless it tries and it owes that to the citizens. If communication and personalities are in the way Council should do something about it. o Councilor Brian expressed concern regarding legal costs and not abiding by the frame work rules. There is a need to have a system for legal costs to occur. He suggested going through City Administrator or through Council. Possibly set up a program for each Councilor to have one hour per month to have access Lo the City Attorney to limit legal costs. Discussion followed regarding the use of City Attorney's time. Mayor commented the Council should support the use of attorney's time by majority of Council action. Councilor Scott disapproved of Mayor's suggestion,inquiring what is difference between City Administrator and Council use of Attorney's time. Council was referred back to their ground rules. Councilor Cook's comments i 1 City Administrator read list received from Councilor Cook, among the ! i comments were: To call staff before Council meeting if there is a question regarding the agenda. This would avoid having to remove items from consent agenda; personality conflict; Council is policymaker body and major decisions are made at budget time; Commented on relations with colleagues and working together. The Council is a policy making body to be kept informed of finance and other decisions as well as developing situations. PAGE 4 - COUNCIL MINUTES - AUGUST 15, 1983 k Noted Council is to contact Administrative personnel and follow guide i lines for Council when dealing with City Administrator. Timing of meetings was a concern and executive sessions did not allow for adequate time to consider issue. They should be earlier or on a study agenda where there is not a rush of other business. Have visitors agenda at first of Council meeting and limit to two minutes. o Mayor Bishop requested staff summarize all comments and area of concern for study and discussion at a later date. Council discussed possible dates and time for holding another workshop to discuss goals and priorities. City Administrator suggested September 26, 1983. (a) Motion by Councilor Brian, seconded by Councilor Scott to hold study meeting September 26, 1983, starting at 5:30 P.M. at Fowler Junior High School. Motion approved by unanimous vote of Council present. City Administrator stated Council scheduled a meeting for 10/27/83 to meet with Sheldon Edner, Budget Committee and Council to work on CIP and set priorities. The Town Hall annual meeting is scheduled for 11/14/83. 5. Mayor Bishop requested staff to prepare Resolution commending Howard Williams for efforts to finance the refurbishing of the windmill site. Council concurred with request. i Meeting recessed 10:25 and Council went into executive session under provisions of ORS 192.660 (1)(e) to discuss land acquisition. MEETING ADJOURNED 11:25 P.M. City Recorder - City YE Tigard F C ATTEST: !i Hay�ar - City of Tigard (DH:ch/0398A) PAGE 5 - COUNCIL MINUTES - AUGUST 15, 1983 { � l MEMORANDUM August 9, 1983 TO: Mayor and City Council FROM: Doris Hartig, City Recorder SUBJECT: Board and Committee Appointments Mayor Bishop will bring his recommendations to the Council meeting, assuming the Selection Appointment Committee has had an opportunity to meet prior to the August 15, 1983 Council meeting. (DH:ch/0447A) 1 3 1 c • E i 1 fttF MEMORANDUM August 9, 1983 TO: Mayor and Council FROM: Doris Hartig, City Recorder SUBJECT: Agenda Item No. 3 Please bring the material which was distributed recently for the Council Workshop. If you are unable to locate your material, please contact me for a copy. DH:lw (0333A) i i I i r t t { i i f i i i M E M O R A N D U M TO: MAYOR AND CITY COUNCIL �J �J� FROM: BOB JEAN, CITY ADMINISTRATORO 'W' DATE: AUGUST 8, 1983 SUBJECT: COUNCILOR SCOTT'S QUESTIONS/COUNCIL RULES DISCUSSION At my regular monthly meeting with Ed Sullivan, I became aware that Councilor Scott had questions or topics for discussion in the following areas: o Interfund Transfers. . . o Women in City Government... o Can the City Administrator be evaluated more frequently than annually? o Minutes? a Hiring of Personnel. . . t, o Council Advisory Boards and Committees. . . o Suggestion Box. . . o Agendas. . . Since Ed only shared the topics with me, I am not sure if I understand the nature of the topics. Perhaps many are relevant to the Council Rules meeting agenda of 8/15/83 at City Hall? RWJ dkr IRRITATING LISTMOG HABITS Here is a list of some listening habits of superiors which often are distinct- ly irritating to one or more of their subordinates. 'dhich of these irritate you because they are practiced by your boss or a colleaguet 1. He does all the talking; I go in with a problem and never get a chance to open my mouth. 2. He interrupts me when I talk. 3. He never looks at me when I talk. I'm not sure he's listening. i 4. He makes me feel I'm wasting his time. i 5. He continu&13,y toys with a pencil, paper, or some other item, ale I'm talking; I wonder it he's listening. 6. His poker face keeps me guessing whether he understands me or is even listening to me. T. He ignores me to take incoming phone calls. 8. He never smiles - I'm afraid to talk to him. 9. He asks questions as if doubting everything I say. 10. His questions and ccaments get ee off the subject. 11.. He's always trying to get ahead of =* story...and guess what my point is. 12. He changes what I say by putting words into aY mouth that I didn't mean. 13. He frequently answers my questicn with another question. 14. Everything I any reminds him of an experience he's either had or t heard of. I get frustrated when he interrupts saying, "Shat re- i minds me.. .99 l 15. He sits there either doodling, cleaning his nails, or -wiping his glasses. S 16. He acts as if he is gust waiting for me to finish so he can inter- ject something of his own. i t 1T. He smiles or wisecracks all the time, even when I telling him about a serious problem of mine. F E 18. After apparently listening, he says , "It looks to me as though your problem is..." and what he- suggests usually isn't =7 - problc= at all. 19. He asks personal questions when other people are in the same rooa. 20. He frequently looks at his watch or the clock while I am talk- ing. 21. • He acts as if he is doing me a favor in seeing me. 22. &e"always acts pushed, and makes comments about "hin busy dray." Nov. think back objectively. Do you have any of these irritating listen- ing habits? f t i i •- � o ONCE UPON A TIME, being a mayor or council mesftbe- was prestigious, honorable and, in many cases, fun. Times are changing. Municipal government is becoming more compiex and many forces such as tax limitation movements, the expanding IE ASy" q I P z presence of federal arfd state agencies in local affairs. rising citizen expectations, and the growth of professional manage- ment cadres in municipal government are focusing sharp atten- tion on the role and performance of city councils and city administrative staffs. The traditionally tranquil municipal government environ- ment is becoming tumultuous, and the issues fated by city councils and staffs require teamwork, quality leadership per- formance, and a ra-examination of roles and relationships necessary to govern and manage a city. In short, the mettle of municipal leadership and the quality of its performance are be- ing tested by many forces—all of which focus attention upon us as elected officials and the administrative staffs we select to run the daily operations of our cities. As we enter the 1980's, we must take these forces into con- sideration. They have the potential of constraining the policy- urneft -ft i-riaftnd and managerial performance each of us will deliver as elected officials or members of the city's management team. aqy - To ignore these forces and assume that the role of municipal officials is not changing is to court disaster and to compound ® the problem of citizen disillusionment with government at f� all levels. Twenty trends or forces affecting municipal government are listed.below. They represent the observations of the authors from their combined perspectives as city officials, educators, and consultants to municipal government. They will establish, to a great extent, the nature of the environment in which each of us will operate during the 80's. All of these forces can be in- fluenced: the extent of that influence and the effect it will produce (positive or negative) depend upon the quality of our by CARL H.NEU.Jr. response. CaurAMIn"" Behind each of the forces lie four primary "shaping reali- Lakzwood.Colties" which will continue to be evident throughout the 1980's: ® The rising professionalism and education of city staffs and and managerial teams. LYLE J.SUh7EK a Continued limitations of financial resources available to Vngvmv,y of Cojorvdv municipalities brought about by efforts to impose limitations soa,k5w.Cakxado on local taxes as well as the erosion of municipal purchasing power caused by uncurbed inflation. w The continued, and relentless, intrusion of state and fed- eral government into matters that used to be the sole_preroga- tive of local government. The Government Leadership + The growing technical and legal complexity of issues and Institute, 1982 problems with which local governments must deal and resolve. This complexity has surpassed the limits of traditional wis- dom, and causes elected officials to depend more and more upon the expertise of their professional staffs and outside experts. 65 The degree to which each of these trends exists with a given a Some councils are the "best show in town" or the "Monday night fight." o \` performance of local government- They also are responsible for defining the vision of what the city should be and for se- letting the goals, performance obiectives, and strategies neces- sary to bring that vision about. in reality, however, many city councils"drift from one \� 1 meeting to the next without paying attention to the factors \ ` that shape the destiny of the city. As a result,leadership voids emerge within the city—voids which will be filled by "non- elected powers" within the community or which precipitate crises and a resultant lack of confidence in government. Leadership voids are vacuums that always will be filled. If �. the governing body abdicates its leadership responsibilities, the staff, special interest groups or others will fill the void by default. `� \\ Frequently, city councils feel they are in control. They are—of the issues that have a lift of one week. But the long- range issues are neglected, and leadership voids develop be- • cause the city has no sense of purpose, long-range goals, or problem-prevention strategies. Leadership is visionary; it reaches out to strategic proportions. Ironically, most signifi- cant leadership issues do not appear on council agendas; they community will vary from city to city. But all will have a appear on study session or retreat agendas_ definite influence over the quality of municipal leadership ef- Avoiding Issues and Conflict. Closely aligned with leader- fectiveness experienced during the 1980's. ship voids is the tacit avoidance of thorny or controversial is- The twenty forces or trends listed below can be grouped sues within a city. Common examples include allegations of into three distinct categories: police brutality,a long-term decline of revenue sources visa-vis • Forces that emerge from within the governing body growing expenditures, etc. The irony of this force is that while (elected officials) of the city. These forces reflect the govem- councils tend to avoid controversial issues, staff tend to try to ing body's level of maturity as a decision-making and policy- deal with them but are frustrated by the council's lack of formulating group. leadership. • Forces that emerge from the working relationships that Conflict occurs when two or more parties believe that what exist between the governing body and the city's professional each wants is incomoatibie with what the other(s) wants. This managerial and administrative staff, i. e.,city manager, depart- is natural. Yet many in government seek to avoid conflict be- cause they don't know how to manage it toward productive which outcomes. Conflict can be highly creative if it is used to ex- * Forces that emerge from the community at large ives available to the council in dealing with include constituents, other levels of govemment, and inter- pand the alternat governmental relationships. issues and controversy. Efforts at compromise or being all These categories can be envisioned as being located at the things to ail people are politically popular in many cases, but three corners of a triangle with the forces all pressing toward this can be camouflage for failure to come to grips with the is- and shaping the center—the quality of municipal government sue in a meaningful way. performance. Lack of Council Skills. Councils in most cases demand far less professionalism and skills of themselves than they do from FORCES WITHIN THE GOVERMNG 13O0Y Lneir city staffs. Many councils devote little or no time to developing their Leaddrship uloids. Elected officials are responsible for the decision-making, group-process, and conflict-management 66 s COUNCIL MANAGEMENT Elected officials often confuse 41 leadership with management. —��-- Confusion of Leadership With Management Leadership in- stills vision, a sense of purpose, and a set of effectiveness stan- dards. Management focuses upon implementation techniques and efficiency. The two are not synonymous. Yet frequently the difference is ignored. The role of council is leadership, ' while the role of the administration is management. Frequent- ly, the primary emphasis is upon management when in fact a balance of the tvio is essential to effective city govemment Balancing Responsibility With Responsiveness. Representa- tive government is supposed to be responsive to the will of the EFFECTIVE CITY electorate. However, some popular demands can be deuimen- GOVEBNMENT tal to a city's long-range interests, and giving in to these de- j mands could be irresponsible. r Frequent examples are street widening projects,parks, land- Fills, transfer stations, and industrial areas. No one wants them in their neighborhood, yet they are obviously a need in most cities. skills. This can be a result of an unwillingness to commit time FORCES WITHIN THE RELATIONSHIP or Money to the development of their own professional skills. BETWEEN THE COUNCIL AND THE STAFF The consequences of insufficient attention to the develop- ment of policy-formulation, decision-making,conflict-manage- Imbalance in Professionalism and Skills. This is an age of ment, communications, and related skills essential to effective professionalism in municipal administration. Most city maria- governmental leadership and performance are a focus on the gers, department heads, and individuals in a city's management legalistic aspects of government and a public image of insensi- and supervisory ranks have professional degrees and consider tivity and ineptitude. themselves professionals. They continually engage in a series Some councils are the "best show in town," or the "Mon- of professional development activities. day night fight," because they never have developed the skills As a result, the skills and performance of administrators is essential to the process of governing and providing municipal outdistancing that of most councils which, by contrast, tend readership. to maintain their%mateur status."This imbalance leads to in- Lack of Strategic Planning. 'Many cities live and plan from evitable conflicts between councils and administrators, and im- f year to year, with inadecuate attention to the long-tern needs pairs their ability to operate as a team with a common purpose of the community and faiiure to establish objectives and stra- and perspective. tegies to fulfill these needs. This results in minimal commuri- Confusion About Roles. Traditionally, the role of the coun- ty-wide goal setting and a failure to distinguish between goals cil has been to establish policy which the staff is to implement- arid mplementand means. A lack of strategic planning leads to focusing on In reality, the distinction frequently is blurred because some the "herr and now"and the tacit belief that there is no tomor- councils tend to pay a great deal of attention to administrative r row, or if there is, it is someone else's problem. details. Failure to Distinguish the "How" from the "What" As This frequently results in the council unwittingly assuming mentioned earlier, many councils focus on the content of gov- an administrative role, establishing special relationships with ? ( erring rather than the process of governing. Yet "how" things city employees, and diminishing the authority of the chief ad- E ` are done frequently is as important, if not more important, ministrator and department heads. In fact, much attentio:: than "what" is done. Often, councils make the "right" deci- must be giver: to clarifying and maintaining roles within mu- i sion but they and the general community feel badly about nicipal government. j how the dc-cision was made. Faiiure to consider the "how"can Surprisingly, few councils and city staffs have discussed, lead to high levels of frustration within the council, staff, and "negotiated," and clarified their respective roles and expecta- community. tions of each other. Role _relationships are established, not 67 l i <f Z Q Some councils have a tendency to let staff "take the heat" rather than acknowledging that council is the accountable body for city performance and programs_ mandated, in any productive team effort- This requires discus- This polarization can result from unresolved differences be- sion and a deliberate effort to define and understand the roles tween council and staff on their respective performance expec- of the mayor, council, staff, and others involved in a construc- cations, interpretations of policy, and perceptions of what de- tive and harmonious relationship. cisions should be made and how they should be made for the Council Not Buffaring Staff From Politis:W Attacicy, Inevi- city's "best interests." tably, some cir/ activities will evoke intense citizen response In reality, council members and staffs make decisions dif- and controversy. When this occurs, some council members ferently. Staffs tend toward authoritarian and consensus deei- have a tendency to let staff "take the heat," rather than ac- Sion-making processes. Councils tend toward compromises and knowledge that council is the accountable body for city per- the rule of the majority. Also,staffs tend to focus cn the tech- formance and programs. nical aspects of an issue, while councils quickly are influenced If this happens too often, staff members may seek to estab- by the political aspects. lish their own political power bases within the community,or These conflicts and differences are natural, but they must they may resort to second-guessing the council on politically be resolved in a cooperative mariner that demonstrates that sensitive issues. The result cz.-i be a lack of staff confidence in both parties uadersrand each other's viewpoints and are mu- the council, and cvnicism about the calibre of leadership it tually commictea to making the best decisions possible. provides to the city. Implementation Gaps An "implementationmap" is the dif- In=,wad Staff S and Turnover, Failure to address the ference between the outcome the council desires and the actu- trends listed above is taking its toll on professional staffs both al results achieved by the staff. As programs progress from the in terns of personal stress and turnover. While this is true in definition of need to an action plan or policy to an accom- ocher institutions as well, it is a growing source of concern to plished outcome, a variety of factors come into play that ul- many professionals in city government- The resolution of the timately will determine the quality of the end result. Councils problem rests primarily with the elected officials of a city. Ap- and managers need to pay more attention to the process of pointed personnel have limited control over the political cir- how decisions are made and how outcomes are achieved cumstances influencing the quality of a city's government. through the efforts and commitment of people within the Polarization of Council and Staff. Closely related to the overall running of the city. trends described above is an increasing polarization of council Common causes of implementation P gaps are unrealistic ex- and staff with an "us-them" relationship, rather than a "we" pectations on the part of council, inadequate human and mon- relationship. When this occurs, the trust levels and quality of etary resources, poorly-deflined or unclear policy statements, communications between staff and council diminish, and staff resistance to policy direction. 68 Citizens expect the same N- _ or more services �1 from government, but they don't want 0 F to pay for them. uA ter( Also, city governments are caught in the wake of peoples' �— (} disenchantment with federal and state government. Finally, the behavior of some governing bodies and their perceived in- ability or unwillingness to provide strong leadership contrib- utes to these credibility gaps.One needs only to look at public opinion polls on peoples' attitudes toward Ccngress,state leg- FORCES FROM THE COMMUNITY AT LARGE islatures, and "politicians" to realize that these credibility gaps are real. Rising Influence of Irriarm Groups. Single-issue interest Regionalism. The need for intergovernmental cooperation groups are increasingly evident,and they can have a dispropor- to deal with regional problems will continue to become ever tionate influence on council members and staffs,sometimes to more self-evident, and in many cases will be forced upon cities the detriment of the city's long-range interests. Interest groups by federal and state governments.More and more, issues faced can force the council to forego a community-wide perspective by local government are transcending individual jurisdictions and put the city's staff in the position of having to balance the necessitating intergovernmental cooperation. There is a def- council's policy directives with parochial citizen demands.The inite lack of clear direction as to where this trend is going, be- ability of council members to determine how representative cause many intergovernmental efforts at cooperation lark clear each interest group is of the total community is of paramount policies and goals. importance in countering this influence. Conflict Between Citizen Expectations and tet City's Abili- ty to Pt"rforrt.Conflicts are resulting from dwindling resources clashing with rising citizen expectations. Proposition 13 sent a lot of messages to elected officials, but the most persistent message seems to be the citizen saying, "Cut my responsibili- Ell ties for paying for government, but don't cut my demands for the services it provides." Numerous polls have indicated thatcitizens still expect the same or more services from govern-mens, but they don't want to pay for them. Emerging Value Conflic. Future shock has come to local government. particularly as value conflicts grow within a community. Growth-related issues frequently highlight these conflicts wthin communities. Other value conflicts involve neighborhood integration, economic development, welfare, transportation systems, etc. Value conflicts and the attendant disintegration of a common will within cities will make the role of elected officials progressively more difficult and frus- trating. rus- trat;ng Public apathy is apparent Credibility Gaps. The credibility of public officials is on (" the wane. The public has little trust in many institutions and as voter turnout particularly in govemment- This will make it difficult to con- vince many citizens of the seriousness of issues facing their continues to decline. communities, and the desirability of programs developed by local government to address those issues. 69 l 1. k i Atrophy of Local Government Authority. Federal and state - -��■ mandates, together with various federal urban aid programs. Many elected officials portend the continued decline of the role of local government vis-a-vis state and federal government in influencing and decid- are "throwing in the towel" ing what programs and services will be provided at the munici- pal level. With growing restrictions on the ability of cities to and not seeking reelection raise funds from property taxes, more and more money will be because of the frustrations filtered through the state capital in Annapolis or Washington with the usual strings attached. of public office. This trend will be extremely difficult to reverse because the _ - methods of taxation available to"local government are too visible, disliked, and vulnerable to public attack. Whoever in- vented the withholding system for federal income taxes was staff relationships essential to effective governing. The sec- a genius. He made the primary method of federal taxation re comfortable way to "run a comparatively painiess. Therefore, the old adage, "He who and choice represents a mo has the gold makes the rules," has a corollary: "He who taxes city," but it also reduces the governing process to its lowest painlessly gets most of the gold." common denominator because it fosters fragmented decision- Decline in Quality People Seeking Election. Some argue making (reacting to the "here and now") and a disregard for that this trend is not true. However, it is a definite perception many of those community needs that transcend the present many people have, and it seems to have the potential of a self- council's term of office. This approach has more hindsight fulfilling prophesy within a community, particularly if a sense than foresight and doesn't pay much attention to the long- of frustration or impotence sets in among citizens. Many run consequences of the council's short-fun decisions. people are "buying out" of the local government process be- In reality, councils, being both human and political crea- cause they can't influence it anymore than they can influence tures, straddle both choices. However, those councils desir- state or federal government. A good 'indicator that this percep- ing to place primary emphasis upon the first choice quickly tion is valid is the trend in voter turnout at elections. realize that they must do the following: • Develop those skills necessary for group effectiveness CONCLUSION and conflict resolution. e Establish trust within council and between council and The 20 forces described in this article present opportunities the city's staff. for introspection and challenges to improve the quality of the • Flake a value commitment to focusing upon and plan- leadership skills and decision-making processes of city officials. ning for the future. Currently, most councils and staffs react to these trends, or • Accept accountability for the city's overall performance. just ignore them, rather than purposefully seek to gain a posi- a Engage in activities leading to personal development tion of influence and control over them. and growth. To deal effectively with the effects of these vends,a coun- • Identify and deal with (constructively) those factors and cil must make a choice about the type of governing process behaviors that contribute to implementation gaps with a city. and leadership it will provide.The choices are: In short, the council must commit the time and resources 1. To provide mature and insightful policy leadership that necessary to that professional development prerequisite to its focuses upon establishing and achieving clearly defined per- being effective at the governing process.The governing process formance goals for the community. This choice requires high reflects "how" well a council performs, not what content is- evels of productive council-staff interaction, developing a sues or agenda items it addresses. Most councils become buried in these content issues and leave the process to chance. Yet, vision of the community's desired future, making decisions that reflect the welfare and interests of the entire community, the process questions are more important because they ulti- and the ability to deal with 'issues in a forthright manner. mately determine the quality of a council's performance and or the leadership it provides. 2. To be responsive to specific interests that emerge with- In reality, there is a great deal more to the process of gov- out real regard for esrabfishing definitive goals for the city. eming and providing leadership than just getting elected. Lead- This choice focuses more on administrative detail, avoiding ership and governing are skills that must be developed and controversial issues to preserve harmony, rationalizing coun- maintained with the same dedication and discipline that one r cil's actions to the citizenry, and reacting to pressure forces demands of any professional. The differences between a pro- brought to bear on the council. fessional and a nonprofessional are attitude, skill, discipline, The first choice postures a council to be effective policy and results. The citizens of the 80's will expect and demand makers and emphasizes developing and maintaining those a professional appraoch to municipal leadership and practical decision-making processes and productive council- performance. ■ 70 l o MOST CITIES ARE well managed, but poorly governed. Municipal Theodore Lowi has captured the thoughts of many observers of city governments when he pointed our: "Modern local gov- ernments are generally honest, impressively efficient, and de- Governance e- G ®v e rT,�an c e cencly humanitarian. Nonetheless, the city is badly governed." 8 Governance is a process for: Challenges • Developing a vision of the future • Setting community direction and goals • Anticipating issues which may affect the community �Af � • Focusing and solving problems facing the community • Providing a policy framework and guidelines for munici- pal operations and services ����'^ • Monitoring performance of staff in carrying out pro- ! grams to achieve community goals • Mobilizing support in the community to address city by CARL H.NEU.JR.and LYLE J.SUMEK needs The Government Leadership Institut• • Inspiring others to become a part of the city's future As we move into the 1980's, it is evident that the governance process is not working weli. The reason is nor that the nature of public officials .9ta�y changed. Instead, the nature of the context in which they are *+ operating changed, negating many of the conceptions they s�Qav have about what it "takes to run a city." In fact, the prob- lems of modern cities require responses most councils simply are not capable of providing because of the way they organize themselves to do work and the limitations they place upon 1 4 { their own perspective about what a city really is. They also have little understanding of Elie complexity of issue and peo- ple interrelationships that affect municipal performance. The qr l challenge for local elected officials is whether the governance process can be modified toward the leadership effecriveness MFNT required in the remaining 18 years of this century. In reality, the problems of cities defy the simple slogans � and remedies of the past. The experience and intuition many bring to the governing process, either as citizens or elected of- ficials, are increasingly ineffective and, in many cases, detri- mental when applied to a complex system such as a modern city or urban arca.Many professional city staffs and municipal �s I -i Fppps�-mac management personnel have long grasped this point.However, g5� the incomprehension of many elected officials and ordinary :j citizens has led to a progressive inability to master those stra- tegic issues and forces that really determine the destiny of the + city and to form really effective council-sraff teamwork. I otrca>u t'.'' In truth, the governing process is enfeebled because the members of governing bodies are not learning as quickly as the societal contexts and relationships in which they operate de- mand. Councilmembers suffer from what James W. Bockin of Harvard University calls the "human gaps"— 'the dichotomy Two years ago we published an article in Municipal Mary- between a growing complexity of our own making and a lag- land by CWrl H. Veu,Jr. and Lyle J. Sumela entitled"Munici- ging development of our own capacities." pal Leadership Issues: Current Trends and Implications." We The simple fact is that few councils engage in any systema- received a tremendous response to that article and we're tic effort to develop the wisdom, skills, and group decision- pleased to feature another article by these authors. The follow- making processes: (1) to understand what it is they are about; ing article is copyrighted and permission must be ubtairted (2) to identify and truly understand problems they and their Cfrom The Government Leadership Institute before reproduc- cimmunities face: and (3) to anticipate and innovatively mas- ing it. Copies of the first article are available from the Legque car those forces that ultimately will shape the future of their office upon rerlr.est. city. Any innovation usually is after . crisis, but the risk as- @ The Govermnent Leadership Institute, 1982 municipal maryland 71 t sociaced with this approach to governing is too high. This has fostered a natural tendency to avoid long-term commitments or issues and a dependency upon state or federal agencies to fund the solutions to problems created by council neglect, inaction,or lack of comprehension. STRESS POINTS r — Based upon our experiences working with municipalities, �- we have identified nine key stress points affecting the gov- ernanceprocess in cities today. All of these stress points are - interrelated and can curunulacively work to overwhelm a council. P Decision Workload. In most cities, councils are overloaded with the number of decisions they attempt to make. This is - �r - because there is no process for managing the workload. Time is spent on the easily understandable issues and items that are visible to the public. Long term strategic issues are neglected or discussed but never resolved effectively. Most city council members are frustrated by their inability to manage their own workload. As a result, the governance process seems to be overloaded with decisions "that must be made," but which contribute little to solving critical issues affecting the com- munity's destiny. - Informational Load. In handling issues, councils are over- loaded with information. In many communities, there are no mechanisms for focusing these data or clarifying their mean- ing. Additionally the explosion of technical data regarding city problems has resulted in a tremendous amount of paper over- rs load on policy issues. Few communities have productive wrk 1�'lOSt City COGd/iCll oMcMberS care sessions which provide an opportunity for staff and council to frustrated by their inability interact. As a result, the council develops a dependent relation- to manage upon staff for providing information. Councils as a result their owra workload." of their dependence upon staff, may come co view• staff as Aloneness. Councilmembers frequently feel that they are manipulating the governance process. the only ones who can make decisions. Most councils do not Loss of Sense of Community. in most cities, the ciry-wide see chat they share the policy-making and governance process view has given way to.desires of special interest groups.These with boards and commissions and staff. In many communities special interest groups focus on "what can the city do for me there is a lack of crust between the various partners in the and my needs?" without concern for the overall welfare of governance process. As a result, [here is duplication of work the community. Due to resource scarcity, interest groups are with partners creating frustration for other partners. engaged in healthy competition with each ocher. Bur pressures Lack of Decision Ownership. M toy city councils do not then mount on local elected officials to make decisions that accept responsibility for the decisions that they have made respond to the needs of an individual interest group.This may previously. If a problem arises with a past action, the ten- create counter-reactions by other interest groups whose tern- dency is to blame the staff. Mose councils do not have an op- tory is impinged upon. Interest groups become very protective porcunity to develop their uwn consensus about how cc cor- of their own turf and frequently seek co E y Y provide directions tett the problems due to time constraints and the number of to specific staff members in city hall. issues they face. As a result, scapegoats are sought which may Myth of Democracy. The myth chat most decisions are include past councils, city staff, and boards and commissions. made by majority rule has been perpetuated by city councils. An example would be the budget document. Even after the In actuality, many councils permit one councilmember to veto budget document has been approved by the city council, it is a policy action (for a variety of political reasons) thus deter- still referred to in some cities as "the city manager's budget," mining the ultimate direction of the council. At other times, nor the council's budget. councils may push for consensus on value-laden issues when d the Past. Few cit./ councs focus on consensus is impossible. If consensus is nor obtained,[he issue the Dfuture.They tation o ern to o be 2p iv ted by the pastil. Theyfocus is avoided. As a result, many of the activities in governing re- volve more around personalities than around facts or long- -1 what has happened and not what should happen. Asa re- rerm city needs. 'Lilt, malty councils ger into "Monday inurning quarterback- uig", trying to second guess what other policy alternatives May/June 1982 i 72 t r • �2 It 1 �� L 0 _ � 3 g y \\ / 7 S C ( "Many councils permit one council member to dominate their meetings and determine the ultimate direction of the council." would have worked more effectively. Decisions may shift and elected officials must contend with a significant shift in eom- change due to this past orientation and city goals are neglected munity values. During the past 40 years,government has been or nor used to guide the council's decision making. expansionary. This expansionism has been stimulated by: No Governmental Learning. Today's problems are yester- • Government takeover of services formerly provided by day's solutions. Municipalities are using the same old ways in private companies dealing with these problems. Municipalities do not appear to • Responding to federal and state government mandates he learning from past experiences. As a result, we arc likely to Y Growth in service quality and quantity in response to relive our current experiences in the future because significant citizen demands and the professional desires of staff issues affecting the community have not been dealt with. Ex- During the 1960's and 1970's, municipalities were able to amples include inadequate revenue generation policies, failure mobilize resources since inflation increased sales tax revenues to maintain infrastructures and major capital assets, etc. and increased property values swelled property taxes. Pro. Immediate Payoff.Councils tend to focus on the immediate grams became self-perpetuating with minimal thought about payoff. Thoughts of re-election limit the perspective of most long-term consequences or legitimacy of need. councils. The horizon is on how much we can get done during however, cities now are faced with the "de-govern men taliz- our term rather than on the long-term community direction. ing" of society. Recently, federal officials have noted the pas- Long-range plans do not have political payoffs for most coun- sing of New Deal and Great Society programs and proposed cils yet they are the keystone of effective governattee. New Federalism. The role of government is in transition but many cities have not accepted the new responsibilities emerg- CHANGiNG GOVERNMENT'S ROLE ing from this transition. Prevailing values for the 1980's appear to be characterized in addition to stress points on the governance process,local by the following: municipal maryl®nd 73 —nag r,are Cut In facc, some ds t ' Self-Sufficiency. There appears to be a trend Eservices Aller? back management"ojheroes.They really rarc ca 3t>urceing•the dependence on government for the provision o ain- native approaches are being sought out which do not rely on financial a d god bombs o gc or`tnadequ rely building pmupi- involvement of government. talequipment replacement funds,etc. Collaboration. More emphasis is being placed on working together rather than duplicating or competing. Governmental MEETING THE CHALLENGE agencies which have in the past competed for scarce resources are now being forced co collaborate in order to address basic In responding to the problem areas. This collaboration includes private-public sec- need to look at how they can an imp oveovernance lthe goverancecproce ss for partnerships and joint projects. e placed on having New approaches for governance need to be developed,even in Pay for Service. Emphasis appears to b these who are screed pay for services they use. No longer is it healthy cities. It will require more i»teractive leadership, in- likely that others will subsidize the services for certain interest volving teamwork between council and staff. No longer can groups. In cities,this could revolve around the support for ear- councils and staffs give lip service co the shared partnership ious recreational activities by others who are not directly in- in governing the city. In order to develop interactive leadership capacity. the voived. Living Within Means. Government is being forced to work council must addressthe olio n its eMunicipalities need to within its income. No longer can great debts be built up by Assessment of governmental bodies. assess their role in providing programs and services to citizens. Market Place.bodies. Emphasis is being placed on the market value There is a need to redefine the service necessity and service ion of whether the ty of programs and services. Salaries in many communities arc should nexist natcall ash should betconfronted. in confronting that based on market value:n the private sector. the better Pay As You Go.Greater eemphasis is tebeing areaced on developed paying nd provided by pothers governmental may find t agencies by might heeprivate for program services a sector. used rather than going into long-term financing. Most cities have been living ich values similar to these for City as a Team. Council-scaff must begin to realize that the •.vmod- years. years. However, state mandates and citizen actions such as city requires teamwork if the governance process is to be mod- 2.5 in Californiaropositionsym- ified and critical issues Proposition 13 and Proposition addressed. A city is counetl, staff and oge hcr rather chan in bolized a deep shift in community values.As seresult,dne e upon citizens working ring.t Municipalities must begin adversary to identify lenge for the future is to reduce individuals d p Y P future direction. An image of the community's future needs government. At this time, the public and most elected officials do not to be developed with strategic plans being outlined for the ful- asp the significance of this value shift. instead, they focus fillmcnt of that image. No longer can cities react to grtorrent ic- on the dissatisfaction voiced by voters and interest sues only and hope the future will take care of itself. Leaders d speci lgao's old groups in their community. The value shifts still remain vague build futures. for most Cooperation. During the local elected officials. Therefore they tend to dis- enemieswilltogether. Communities which have count their implications for the future. negative stereotypes regarding one another must overcome FINANCIAL CRISIS BRINGS CHALLENGE their past experiences. Collaboration between old foes is a necessity for cite survival of many municipalities and the pro- Governance failure is symbolized in many cities by the ft- visiots of effective services. For example, in one community, nancial crises they face to one degree or another. However two cities arc jointly working on a wastewater treatment councils tend to view these crises as shore term and resort to plane. In the past, these two communities have experienced between elected officals- cdy. as h;.trc "cutback management" or "retrenchment" as a rem t.p Re•establishment n warfare as wcoif Council dLeadership Role There t ap- Cucback management has been a necessity for some tom- munities. However, if is becomes a normal operating mode, peals to be a gap between the professional level of the mayor S the long-term consequences frequently arc forgotten. As a and council, and staff. Staff is perceived as domineering, y aura of result, many municipalities that "cut back" now are buand intro Ilcadership ttpo itionsdto distrust. leadershipttvers tdriftedave oidscreattedby into corners, with limitations on their own operation, services and a rapidly deteriorating base of capital assets. The councils. As a result, in many communities, there is a sense failures of cutback management are due to insufficient long- of manipulation by staff of the governance process. Muniei- terrn perspectives. When the implications become painfully palitics need to explore the proper relationship between coun- evidenc, the result is the termination of city managers or to cil and staff and explore the proper utilization of staff in ad- blame past councils. Options have been reduced by focusing dressing policy issues. This may revolve around the restructur- on specific cutbacks rather than tite exploration of innovative ing of the governance process. methods for achieving a long-term libCal and uperatioas plan to Indissividuaic l Responsibility. foindheir goveividual rnance uncil mde membersneed for the community. May/June 1982 74 the past, too many counciimembers have blamed Faulty.deci- stons on staff or other governmental agencies. Councilmem- bers need to assume responsibility for their decisions from Q both a short-term and long-term perspective. This means that counciimembers may need to reduce their responsiveness to special interest groups in order to achieve a long-term image Q for the community. Most councils are currently mortgaging their future for the sake of political expediency. The mort- gaging :nay take the form of emphasizing program cutbacks. reduction of maintenance programs. or reductions in person- nel. without looking at the long-term consequences. As a o result, in many communities, the infrastructure of sewers, streets, sidewalks, utility lines, etc. are in a rapidly deteriorat- ing situation. At the present time, few individuals are willing \`\ to assume the responsibility for this long term perspective. With regard to the immediate financial crisis municipalities 1 need to explore the following issues: Marketing. Municipalities need to develop marketing stra- tegies for linking their programs and services to the citizens. A This may involve a detailed assessment of community needs as well as marketing in terms of willingness to pay for certain services. Cities have traditionally not been involved in active \ \ marketing of their services. This may no longer be true during the 1980's. in fact, some cities have, today. added marketing staffs to assist them in linking to the citizen regarding pro- / grams and services. ( / Program Evaluation.All current programs and services with- in a city need to be evaluate¢.The assessment of effective use of resources coupled with citizen necessity need to be evalu- 3 ated. Tough questions have been avoided for years in many areas. For example, in the Police Department. how effective are patrol activities? Only recently have Police Departments begun to examine the necessity of police patrols. "Effective City government requires Community Resource Inventory and Utilization. Munici_ Fff palities may need to inventory the various resources that are teamwork, with the Council and staff available, i.-tcluding other governmental bodies as well as pri- working together rather than in vate sector. in addition, the municipalities need to explore adversary roles. Council members ways of tapping these resources toward the provision of ser- vices essential to the community. must take resnonsibili}`y for their Revenue Expansion. Municipalities need to look at innova- decisions rather than blaming faulty!' tive mechanisms for generating revenues and develop long term decisions on the staff." revenue g nerating programs and srrategies that build eco- nomic base and city income. Interactive governance is a unique combination of insight, The only way that municipalities can effectively address skills and council-staff-community collaboration, not found these issues is through interactive leadership involving effective in many cities. Inactive governance recognizes that the future team relationships betwen the mayor. city council and staff. can be created and that one does not have to depend upon the Interactive leadership emphasizes providing future direction put for guidance to the future. It also demands a commitment ro the community and making"today's policy decisions" from to excellence and not being satisfied with dealing with the that furure-oriented perspective. Interactive councils address a trivia that can consume one's time. it is the purview of lead- number of issues. These issues are likely to be addressed by es- ers—people who serve—to make a difference in their com- tablishing broad goal statements, and supporting guidelines,in munity by creating the potential for a positive future, which the council's vision of the future is outlined. Specific The challenges of the 1980's no longer are amenable to the plans then are developed for accomplishment of these goals. practices of the past and the perspectives most people bring Specific actions and responsibilities are outlined so time and to the council table. Councils need to close the "human gap" resources are used .wisely. When issues or problems arise, they by developing the ability to deal with complexity and am6i- - ate resolved within the broad framework of goals and per- guity and to create desired futures for their community rather formance objectives the council has established. than just react to present pressures. u municipal maryland 75 i i MEMORANDUM TO: Mayor and City Council FROM: Bob Jean, City Administrator SUBJECT: Council Rules Attached is the reference material I promised per your decision to hold a Council Workshop on Council Rules atbuthe alAugust elate 5. l983 meeting.the development he materials are really of three types, of Council Rules: 1. policy and Administration - I enclosed overview materials from the Bureau of Governmental Research at the University of Oregon and excerpts from the Elected Officials Handbook from ICMA; 2. Agendas and Streamling -Me tings - I enclosed practical "how to" examples from around the area and the nation; 3„ Sample Rules - Finally I enclosed sample rules from three Oregon Cities and two others recommended by the National Municipal League. I recommend that you read through these materials at your convenience using a highlighter marker or similar approach to mark where you strongly agree or disagree. These materials then can serve to stimulate conversation, rather than just discussing dislikes over the past months. From the discussion staff can then generate a draft set of Council Rules for your consideration. (0447A) i 2. AGENDA AND STREAMLINING MEETINGS • Council Agenda Preparation, Mis Reports, ICMA o Beaverton Agenda • Metro Hostile Crowd Rules o National Municipal League Article, "Play Fair" • Effective Public Meetings, ICMA • Local Official's Handbook, Excerpts, ICMA t l_. Selected Shorts / 7 M;S PEPURT5 -1:,r-MA . A—irriONAL REFERENCES Recovery Plant Implementation. Guides for Municipal Offi- cials, (Washington. D.C., Environmental Protection Agency, Sherry Settles, et. al. Managing Solid Waste: Part 11, Manage- 19 75 ment Information Service, Vol. G, No. 9, (Washington, D.C., International City Management Association,Seplemher 1974). David Runberg, Municipal Solid Waste Management, (Park Ridge. New Jersey, Neve, Data Corporation, 1975). Rober. E. Randal. Financing, No 4 of the series Resource Council Agenda Preparation i _ 0 Prepamig and managing the council agenda is one of the manager's most critical formal tasks because it impacts strongly on council-manager relations and on the efticiencv of city administration. The agenda must be handled so that j council members are given adequate information on items to he considered and so they get that information far enough in I advance to give it appropriate study. if important iterns are 11 ^a ` to be given the consideration that they need and deserve. tl'I the agenda cannot be too long. Opportunity must be MANY JURISDICTIONS CROWD THEIR AGENDAS provided for appropriate public participation, which means WITH ITEMS THAT REALLY HAVE NO BUSINESS that the public also must be given advance notice of items to BEING THERE AT ALL. he considered. Copies of the actual items including reports. ordinanccs. and resolutions should be conveniently available for public inspection. It is important to reduce to a minimum the waste of time and energy by the council, the manager,and through which the cuunrtl can Jct upon those recomnienda- the public on items of a routine or trivial nature. At the same titins• Although the details of legal and formal requirements time, legal requirements for council consideration of many vary from place to place, there is a core system of basic good such items must be met, and the manager must be sure that practice in agenda management that should be followed almost the council does in fact see and act upon everything on which everywhere. their action is required, or which falls within their sphere of interest. WHAT BELONGS ON THE AGENDA? In almost all jurisdictions, the agenda is the responsibility Many jurisdictions crowd their agendas with many items that of the manager. There are good reasons for this: The manager really have no business being there at all. The formal council is in touch with the day-today operations of the municipality agenda is the place for formal actions on the part of the and has the best feel for which items are of particular governing body. In general, every agenda item should include importance at any given time. The council is also interested in an instrument for council action, most often art ordinance or receiving information on the items which come before it. the resolution to be considered, amended, and adopted or re- manager and his/tier staff are in the best position to supply jected. One exception to this rule is public hearings, which that information. As part of the administrative function, the may be field for the information and advice of the council manager must see to it that technical requirements for agenda without actually requiring council action at that time. items are met and dint the activities of various city staff Many jurisdictions include on their agendas reports to the agencies are coordinated to present the council with complete, governing body on a wide variety of subjects,-on W11 ch no accurate, and timely information, with cogent recommerida- council action is required. Unless demanded by law,this is not tions, and with the instruments (ordinances or resolutions) a eood practice- items that are solely for the information of council should be provided to them outside the formal agenda process, either through simple distribution(if no discussion or feedback is required) or at a separate "study" or "work" session. Little, if any, purpose is served by the council voting to "accept" a variety of reports during a council meeting. if it 77tis re/xrrt w•as prepared by George W. Reinhart. hlr. Reinhart is desired to inform the public that these reports have been is assistant director of the Afanagenrent Information Service. submitted and are available, or if the object is simply to place 8 / Manarement Information Service Oil record that they were submitted,then the agenda "lay have lead once beyond thou nununurtt to , whatever revrrw hershe appended to it a statement that the listed reports have been feels appropriate the council agenda should be submitted to clic submitted to council since the preceding meeting, and that before the due dates assignedAgana copies of them are available for public view at some city office manager's office on or . (usually the city clerk). This would then he followed with a depcn.dn h on of tile tile rsurplexityted and ub the taskltl ee nceIlarg d simple list of the reports. One iters which is included on most council agendas, and may wish the item submitted in final funs or in draft to be which is in fact very important and appropriate, is art finalized in the manager's office. Material to go un the tussal opportunity for citizens to address the council on any subject agenda will normally be accompanied by an ordinance fi a of interest. Some jurisdictions place this item at the end of clic resolution, most often prepared by the city attorney's office. agenda. This is not reaily good practice because it is Depending on circumstances, the manager t �e t to inconsiderate to citizens who have come specifically for the completed or draft staff report, and have a chance to make any modifications, before that report is sent on to the purpose of addressing their elected representatives. Also, attorney's office wilt, a request that an ordinance or resolution citizens may have comments relevant to items to be considered be prepared and with the manager's notes on what such a on the agenda, which should be brought to council's attention document should contain. On items that are inure routine or before those items are acted upon. Citizen comment should, rward in nature, staff preparing the item could be strai htfo Ithen, most appropriately come right at the beginning of the instructed to coordinate with the attorney's office at an earlier agenda, after such formalities as approval of the minutes. To stage and the report and legal documentation could then be keep this from being an imposition both on the council and on presented to the m:urr ger simultaneously In either rcrnc:. the other members of the public attending the meeting, it is very manager should have an opportunity to review the actual necessary to enforce a couple of rules quite strictly Some instrument proposed for council adoption before it is [r3nS- time limit (probably five minutes) should be established for milled to cite governing body. each speaker and strictly adhered to. Also, no speaker should be allowed to address the council at this time on any subject When the item and associated legal paperwork -!lc reserved which is scheduled for a public hearing during the same in the manager's office it is time to make a decision as to meeting. Such comments should more appropriately be re whether or not that item can in fact be firmly scheduled on served for the hearing. the chosen agenda. It then is prepared in final form, " t f il" already, and is read,,, for the mechanical tatr " :r rIt tsnda AGENDA PROCESSING processing. The actual processing of agenda materials their develop AND NOW THE MECHANICS stent, preparation. review, duplication, distribution. and scheduling should be given serious attention by the the format ul an agenda uem cart �ootnhutc ntatri,ell� tI, flit: administration. -the best information and recommendations in case with which it is handled in :r council setiston. l"'cc thutg� the world will be useless if they do not get to the governing are of primary importance to a council member called upon to body in a timely manner and in a loran suitable for act on an item: information, recommendations, and an consideration and action. It is almost essential to establish and instrument for putting those recommendations into effect. clearly outline a set procedure for dealing with items to be The manager's communication should cover the first two placed on the agenda. There must be a schedule of events,and requirements, and the accompanying resolution or ordinance it must be clearly hayed out who is responsible for what at act formatould ke care of the recomm recommended mlost goodunication business should eportt be each stage of the process. Except for certain formal items which may be scheduled by communications. Although not used nearly often enough,this p �.> o , the city attorney, city clerk, or other specified municipal format can make things easier and faster for everyone.The key ` officers, the manager is usually 16 the one that decides what will is simple: Put a brief Summar 'of rel-var.t facts,together with be placed on the agenda and when. This may be on his/her conclusions and reco aeons, at the beginning of th' WIT L own motion, or by direction of council, or at the request or comms mu- — hese can then be followed up wit t w tatever suggestion of some member of staff. in any case, the general Gackground information is necessary. The original draft need not be written in this form,but when being converted into the procedures will be pretty much the same. The manager's office should maintain tentative out final version the parts should be rearranged as needed.Section agendas for several council meetings ahead.These trial u ndas^ headings, such as "findings," "conclusions,' ares s parts A- are a scheduling aid and represent items that the manager tions;' and "background," should set off the various parts of would like to see completed and ready to be taken to the the report. In this way,a council member or anyone else using governing body on those dates. At or before the time an item the report can immediately seize on those facts most irnpor- s placed ort a tentative agenda,it should either be already well cant to the conclusions drawn,find out what those conclusions immdefinite assignment and due date should be are, and what action is recoended based on them. if is process or a made to someone on staff who will be responsible for further information is needed, one can continue on through e due date will depend on the the background section-. quite often the first page will be all preparation of the item. Th he latest, it will allow time for that a council member really needs to read, which could save complexity of the item: at t basic processing (such as duplicating,sorting,and distribution) time for everyone. Aft before tine meeting for which it is scheduled. For more The most expeditious way of putting agenda material complex items, tite manager will almost certainly want enough together for distribution is usually to first accumulate originals Selected Shorts / 9 MODEL ORDINANCE AN ORDINANCE TO EXPEDITE THE PUBLIC BUSINESS AND TO PROVID1: FOR Ttil-, USE BY THE CITY COUNCIL OF A CONSENT CALENDAR WHEREAS many items of business require action by the Governing Body of this City, but are themselves of a routine and noncontroversial nature; and WHEREAS it is desirable to expedite the public business and provide additional time for deliberation by the Council on matters requiring such deliberation: BE IT THEREFORE ORDAINED by the City Council of . as follows: SECTION 1. When City Manager determines that any item of business requires action by the Council, but is of a routine and noncontroversial nature, (s)he may cause such item to be presented at a regular meeting of the Council as part of a Consent Calendar. SECTION 2. The Consent Calendar shall be introduced by a motion "To approve the Consent Calendar," and sliall be considered by the Council as a single item. SECTION 3. There sliall be no debate or discussion by any member of the Council regarding any item on the Consent Calendar, beyond asking questions for simple clarification. SL-,--"]'ION 4. All items on the Consent Calendar which require public hearings ~hall he open for hearing simultaneously, and the Mayor shall announce, or direct the City Clerk to announce, the titles of all such items. SECTION 5 On objection by any member of the Council to inclusion of any item on the Consent Calendar, that item shall be removed from the Consent Calendar forthwith. SuCh objection may be recorded at any time prior to the taking of a vote on the motion to approve the Consent Calendar. All such items shall be considered individually, in the order in which they were objected to. immediately following consideration of the Consent Calendar. SECTION 6. Approval of the motion to approve the Consent Calendar shall be fully equivalent to approval, adoption, or enactment of each motion, resolution, ordinance, or other item of business thereon, exactly as if each had been acted upon individually. of all of the items, in order, and then to duplicate them on a too large or the distribution too wide,or the process becomes copier equipped with an on-line collator. The number of very unwieldy. copies needed will be a matter for a policy decision.Obviously After duplication, sonic sort of binding is necessary. The each council member will have a copy, as will tite manjiW. best system generally has been found to be drilling or Almost a ways, the city clerk and city attorne wili get copies. punching those copies to be used by the council and staff,and It is also usually good practice to ave at Itast one copy inserting them into three-ring binders. Other copies (public, available for use by the press and public, usually at the city press,etc.)may be stapled. clerk's office. It may be a rable to ave copies for other staff The time schedules involved usually snake it necessary to tnnel, such as assistant city managers and sonic or all have copies of the agenda delivered by spe ' messenger,' I.Nartment [leads. (Department heads concerned might be unless members of the council are willing to pick them up at given copies of individual items, as an alternative.) A public city hall. - relations office (if there is one) might also receive a copy, as The entire system should be run on a schedule counted might representatives from local newspapers or other media. backward from the date of the c furairis. For example, One should be careful not to let the number of copies grow tt may a ct c to ager a materials will be distributed to 4 i Hina{entcnt Inforrnatirrn Service — lune 1979. Vol 10 No h Selected Shorts council members three days prior to the meeting This might group such items into a "consent at enda" whereby all are require the entire set to be assembled and ready to duplicate passed h, :+ ,Ingle motion and vote. No debate is allowed on Five workdays prior to the meeting, with most items (except the consent aPenda or on an�itgm Inc u e m tt However, for the very simplest and most routine)in the manager's office any one council member can have any item removed from the for review not less than ten workdays before the session.More consent ageneparate consideration by obtectrng toffs t complex items may have an earlier deadline. These figures are being_included. Setting up a consent agenda system usually given as examples only: decisions on the actual scheduling requires preliminary action by the council in the form of policy will have to he made in light of each jurisdiction's adopting resolution providing ordinance providing for(see model at end of consent agendas. The tis article) c ty attrney needs. should be consulted in this regard. ADDITIONAL HELPFUL HINTS Where voting by "yeas and nays" (that is,by C Most important in making the agenda manageable is keeping Icga y required, a great deal of time can often be y J things off of it that don't belong there. As mentioned above. a owing voice votes or votes especially on malty items that often appear on agendas could be handled h% non-controversial items. provision should be made. for .ulowu,g simply transmitting reports. Some items require discussion b% a small numhe; .)f council members (possibly one tit two) to the council kir between the council and the manager, but del force .t [kill call vote if they feel is desirable. This approach not require any formal council action. The "work session' must he checked out will, the city attorney, because laws in approach is best for this type of material; the council should many jurisdictions require that the votes of each council meet regularly,having been given copies of work session ,terns, member be recorded on all ordinances, though sometimes not to talk thetas over informally. No minutes '+re kept of s� 11 on resolutions. ses�si pg, the manager simply making for him or herself such CONCLUSION notes as may be needed of the council's opinion on whatever is A great deal of valuable time,on the pari of bout the manager being discussed. This is also the time for council members to bring up preliminary discussion of items which may eventually and members of the council, can be saved by a smoothly find their way onto a regular agenda. Care should be taken, running and properly constructed agenda. When the agenda however, that work session time is not used up by items that process as a whole is well managed, it provides for a smooth should be transmitted as sim le re oris. if a report is sent to flow of information and recommendations to the governing council and some council member eels it necessary to discuss body and of policy decisions from them, which makes the that report, then it is appropriate to bring it up at a work entire operation of government run more smoothly. The session. agenda must be run systematically, so that everyone involved Many items of business are legally re uired to be considered knows what to expect without continual management involve- at the formal session,but are oa ro the or even trivial nature Inent in the process. By freeing management from continuing and do not require debate or ex enstve consideration by the concern with the process,more time and energy is available for council. More and more, it is becoming common practice to the substance of items to be considered. Posting Podium X NOTE: There will be a special BURA Meeting at 7:15 p.m. REGULAR MEETING �°o O ���• �� CUU�IL CHAMBER °- 050 Sw Hall Blvd. March 22, 1982 Beaverton, OR 97005 7:30 p.m. ° (:ALL TO ORDER ItU( L CALL ;;r1-,ENT AGENDA All items listed below are decisions of the Planning Commission for Council consideration in compliance with the requirements of the Zoning Ordinance concerning Cot_,ncil review, or matters considered by the Council to be routine, and Will be enacted by" one motion in the form listed below. There will be no separate discussion of these items unless members of the Council or persons in the audience request that specific items be removed from the Consent Agenda to the Regular Agenda for discussion ( prier to the time the Council votes on the motion to adopt the Consent Agenda. Minutes of the Regular Meeting of March 15, 1982. ' fit-IjOl Resolution Declaring Proposed Assessments A(lains t Property to be Benfited in the Meadow (_Deal i Improvement District ; and Providing for a Public Hearng Concerning said Assessments, numbered f 82-402 St. Mary 's LID Agreement to Cross S.P. Pipeline with Road. 82-403 Plumbing Inspecting Agreement with 'bashington County. 82-404 Planning Commission By-Laws. 81l-405 Bid Award - Street Light Repair and Replacement. 82-406 Land Use Order for [determination to Allow a Planned Unit Development on a Parcel of Land of Less than Four Acres. 82-407 Set Public Hearing, GPA 2-82/RZ 3-82 (Gordon) - May 3, 1982. 82-408 Liquor License Renewals: El Torito's; Loves Restaurant ; Otto's Deli' LaStazione Restaurant, Pier t 101. Council Pgenda March 22, 1982 Page 2 \� VISITORS The Visitors presentation shall be limited to five minutes. If the presentation is longer, items submitted to the City Recorder before 9:00 a.m. on v%ednesday shall be discussed under Council items the following Monday. ACTIUN ITEMS 82-409 Recommended Development Fees for City Services. PUBIC HEARINGS 82-410 "Public Need" Clarification for Quasi-Judicial General Plan Amendments. (7:30 p-m. ) 82-410 Text Amendment 8-82 Relating to Home occupations. (7:30 p-m. ) 82-394 Assessments to 22nd Street/Hall Blvd. LID. (7:45 p.m. ) ORDINAN ES First Reading 82-412 AN ORDINANCE VACATING A SEVEN F001 STKiP OF .THE ULUCK ADJOINING 14100-14140 ALLEN BOULEVARD IN THF CITY OF BEAVERTON, OREGON, COUNTY OF AASHINGTO�4. COUNCIL ITEMS ADJOURNMENT INFORMATION ITEMS Claims 0635M:MEC i ' 1 i t r ME*fORANDUM TO: METRO Council FROM: Joan Smith DATE: June 23 , 1980• SUBJ: Suggestionsfor Meeting Conduct before a Hostile Crowd CAVEAT: I hope you will find these impromptu comments helpful; they are not meant to be preachy, but they may be. The first requirement for handling difficult public hearings is a strong and clear understanding of the purpose of the hearing and what you, the public officials, want to get out of it. Next is common sense and perhaps a sense of humor. b FOR THE PRESIDING OFFICER: } 1 . Have clearly in mind the purpose of the meeting. Write it down. For example, to hear testimony on the LID -for Johnson Gr-Qgk. (Question: Is that it or will the Council make a decision? It makes a difference in format. ) - 2. Have clearly in mind the rules of the format. Have them written out for yourself, for the Council, and possibly '+ for the public. - 3. At the beginning of the meeting , appoint the person next to you timekeeper (and keep track of it_ yourself. ) 4. Have in your own mind the strategy you will use to keep ( order. Use your gavel authoritatively. 5. Finally, it the the sole responsibility of the presiding officer to conduct/lead a meeting in such a way that the majority rules , the minority' s right to be heard is respected, that no partiality whatever is• shown to anyone, and that justi-ce and courtesy prevail. If any of these principles is violated, the process fails and the public interest is NOT SERVED! ! ! FOR THE COUNCIL: 1 . In difficult situations it is important to remember that one serves ALL the public, not just the noisy, rude individuals who from time to time appear. They, of course, have the right to be heard BUT ACCORDING TO YOUR RULES. 2. Support the presiding officer by respecting the rules of conduct. 3. In hostile situations limit yourself to questions of clarification only. Avoid playing to the crowd; it shows unwarranted partiality. Save your incisive observations and profound *remarks for the deliberations on the matter before you. FORMAT FOR MEETING: 1 . Start on time being sure that all equipment is working and that maps, etc. , are displayed, and that handouts are easily available. 2. Presiding officer uses gavel to open meeting , announces purpose of the meeting , describes agenda, announces rules of procedure and whether any decision will he made that eveing. (Recommend not! ) • 3, Brief ( ! ) presentations by Rhodes, Gustafson. 4. Have cleric read the ordinance. (A neutral person is sometimes METRO -- 2 5. Repeat format rules. # i b. Begin: testimony. WATCH THE TIME. When 30 seconds are left, warn the person. Be absolutely consistent. Annc�^�..� j time is up, allow to finish sentence. Say thank you, az3F ; questions by Council. ` ISASTER PROCEDURES i 1 . At beginning ask for courtesy to be shown to all those who wish to be heard, that disorderliness prevents a fair hearing, that every one who wnats to heard will be_ (First warning. ) 2. if disruption occurs, repeat request using gavel for or=--r. 3. If this second warning doesn' t work, take a 10 minute rye=s• f Talk to disrupters making it clear you will not tolerate this interference with FAIR PUBLIC PROCESS. i 4 . Resume with announcement that further disruption may be cause for removal (disorderly conduct=,misdemeanor) . Have the person 'removed. ' 5. public interest is nit Absolute last resort: Anounce the i being served by this meeting, that the matter will be continued to a time to be announced in the media. Ask Council: "If there are not objections , this meeting is adjourned." ' Regroup, preferably, at a daytime meeting. Regroup, t • _ r no Vlm board member. "What is'due pro- then all parties must have the oppor- cess'7 What's due and when? And tunity to question their opponents' why does it matter anyway7" witnesses. (A good rule of thumb for Play fair in It matters because decisions about deciding whether a process is quasi- land-use regulation affect the rights judicial is that it is if it's the final public hearings of those who own and occupy decision of an appointed board or property, and those rights enjoy the commission. At least six state Consider the following excerpt protection of the federal and state supreme courts have said that rezon- from the proceedings of the planning constitutions—including the Fifth ing decisions are quasijudicial.) board of the mythical city of SanAmendment to the U.S. Constitution, The courts have been reluctant to Cibola(as heard at a mock commis- which states that no one may be require cross-examination in purely sion hearing at an APA conference): "deprived of life, liberty, or property legislative hearings, probably Litigate: "Mr. Chairman, I would without due process of law." because, in theory at least, such bear- like to ask Mr. Hysteric a few ques- ings are meant to be informative, not tions about his testimony." adversarial. Recently, however, an Wawfull: "Sorry, but we don't 'What is 'due process'? Illinois court did require a zoning allow that." What's due and when? And board of appeals to give an oppor- Litigate: "I think I have a right to ?" tunic for cross-examination in a cross-examine to show that there is why does it matter anyway. Y rezoning hearing. absolutely no basis for his inflam- • Disclose all. All interested par- matory statements." The due process requirement has ties must have an opportunity to hear Wawfull: "We don't allow two aspects: procedural and substan- or see all of the evidence considered cross-examination." tive. Procedurally, the process by by the decision-making body. Private Litigate: "Then you don't allow which a decision is reached must be communications with the decision due process either." fair to everyone concerned. Substan- makers deprive other parties of an "More legalese,"grumbles the tively, a law, rule, or decision must opportunity to respond. Worse, they typical plan commissioner or zoning not be arbitrary; that is, there must destroy the credibility of the hearing be a rational relationship between the process as a fair opportunity for exercise of legislative authority and everyone to be heard. (Recent deci- IJIZBAN DESIGN the achievement of some legitimate sions in the state of Washington have PLAN public purpose. said that a public hearing must not Nine points sum up the require- only be fair, it must appear to be Request for Letters of Interest ment for procedural fairness. fair, and if it is not, then any action • Give adequate and timely notice. based on it is void.) The Kalamazoo, Michigan State enabling acts and municipal A common breach of the disclosure Downtown Development Au- Zoning ordinances invariably contain requirement is the practice of con- thority(DDA)requests letters of requirements for notice of proposed sidering, at the hearing, staff reports interest from qualified urban legislative and administrative actions that have not been made available to design firms (headquartered in on zoning matters and the hearings at the public in advance. Michigan, Minnesota, Indiana, which they will be considered. Due i Make findings of fact.The specific Ohio,Illinois,Wisconsin)willing to work with the DDR in prepay- process goes further, requiring that facts that justify the decision (the ing an urban design and rear- the notice must be adequate(infor- findings) must be spelled out. They velopment plan for a portion of mative and easily comprehensible) are an essential aspect of due process downtown Kalamazoo. and timely(allowing sufficient in administrative hearings and Deadline for submission of preparation time for a hearing). without them the decision may be letters of interest and state- • Let everyone be heard. Central null. Findings of fact are ordinarily ment of credentials is 5:00 to the concept of procedural due pro- not required where the decision i. p.m., Friday. April 8, 1983. cess is the requirement that all those characterized as legislative—as it is in interested in a decision must have a most actions that involve text amend- For complete information chance to offer their views and give ments or rezonings. The exception, a contact James Visser, Execu- testimony, provide evidence, or result of the well-publicized Fasano tive Director, at (616)344-0795; make a statement. By failing to con- case in Oregon, is a decision about 100 N.Kalamazoo Mall,Suite 221, duct an adequate public hearing, a rezoning a particular parcel of land. Kalamazoo, Michigan 49007. commission or board runs the risk But, even when not required, specific that the regulation it adopts or findings of fact, and recommenda- recommends will ultimately be held tions based on them, are desirable. KALAMAZ(5(? to be invalid. a Avoid conflicts of interest. The Y Allow cross-examination. If a courts will not permit a decision to hearing is regarded by state lav as stand if it involves a local official quasijudicial rather than legislative, with a financial or other perscinal in- 10 Planning terest in the outcome. The appearance-of-fairness doctrine developed by the Washington courts, �$� tie nation's largest networkmentioned above, has frequently of been used in that state to invalidate doeauP energy managers. decisions in which even the indirect interest of one of the decision makers Share in tyle e.-J�patnding store ®P deprived the decision of the ap- knowledge and experience that is pearance of fairness. • Decide quickly. Even adequate saving U.S. CC+mmunities millions of notice, a fair public hearing, and ab- dollars. solute impartiality do not guarantee _ due process if a decision is not made —For—mo—re — promptly.All parties have a right to oin IVI'C's in to: NLC n return expect prompt decisions, and failure this coupon ro:NI C's Energy Pe P P Program,National League of to provide them is itselfa failure to Cities,1301 Pennsylvania Ave. provide fair procedures. NW,Washington,M 20004 • Keep records.All proceedings or phone (201 f2G-3250 must be recorded completely and ac- CLEQO I I curately. That means a stenographicI Name record of ail testimony heard and all Conference of Local Energy Officials o statements made, not simply skeletal rg- minutes of the proceedings. (Tape As a rrternher-you mill iieeeive: Address recordings are a poor second choice • The bi-monthly CLEO Memo on city of doubtful reliability.)Anything less federal, state, and local energy deprives the courts of the opportu- developments state Zip — deprives to engage in a meaningful review • Use of computerized energy- 11honel ) if and when the dispute reaches theskills data bank judicial system. No hearing can be • A 20% discount on NLC energy considered fair if the matters takenpublications and conferences. I National League of Cities—I into account by the decision-making body cannot be reconstructed when its decision is reviewed by others. • Set ground rules. Participants Can p. ervatlon be l®fide? cannot prepare themselves for a hear- • ing if they do not know the ground rules that will overt the process. Yes.The presenation of old buildings that have an require. The seminar will present thorough case g P historical significance can he more than a commit- studies on the Adaptim Re-rise of historical building.. Thus, a copy of the rules must be ment to a community"s cultural integrity. Adaptive and show you how these proiects were protitahle. available to anyone who appears Re-use can be profitable for property owners as well included will be speakers from the Rouse Com- before the bol And at the tart of asdeMopers. pang,smith, Barney Realty Senices. and the G.S. y sYou are imited to attend a seminar,May 21- Department of the Interior.The architectural and every hearing, a member of the 24 in Memphis, presented by Elkington x financial aspects of Adapthr Re-use will board or commission should briefly Keltner and Pannell Kerr Forster,in asNt- g be toured in detail•with a special kook at dation with the National Trust for Historic ®®�— the LLC CUntsttpte tKeti and bt ne ht<:the recite the rules that will be followed Preservation and Memphis Heritage• latest dorkopments in salt%and kiss during the proceedings. It is good Inc.,that will present die special ap- backs:and public/pririte partner- practice to require that those who ex- pnrxh to mariu*ig,Iinancing,and — ®- ships.Vic seminar kr is S-t(x) pect to present evidence supply in ad- tk"'loping wind'these pn>fects , per person. vance a list of the witnesses they pro- pose to call and a brief summary of Z M the testimony anticipated. Reports or D_ _ D a- studies prepared by witnesses should - 2304"-1- be filed in advance, as should staff reports. ) � _ = - _ _� aal. The objective of procedural due process, in short, is to guarantee that I ��� i the decision-making body has before it all pertinent information— ! Fur further details and registration infornut4m.plmse sterid)our rune•and addrms to ensuring, as far as possible, that the I Elkington a Keltner,Inc.,VA t e ionial Rd..Nlemphis.TN.38117,Atticluoh'Daniel decision-making process will be I I open, fair, and thorough. ( Nam — I R. Marlin Smith I I I Addrtss ! j Smith is a partner ire the Chicago tau)/inn of Ross &Hardies. This column is based on an article in — Land Use Law:Issues for the Eighties.published by I I APA Plarurers Press in 1987 — — — — — — — — — — — — — — — — — — — — — --'----- March 1983 ll i 1 MEW, l EFFECTIVE PUBLIC MEETINGS • Types of Ordinances: • Regular with 1st and 2nd reading • Regular with passage on 1st reading with unanimous approval • Emergency requiring unanimous approval • Agenda Preparation: • Administrator sets • Mayor reviews • Council measures or Council Bills • Consent Agenda: • Administrator sets • Any Councilor or Mayor can remove item for separate action • One motion - one vote • Communications summar instead ofeor2 final • Committees: • Boards and Commissions • Standing Committees (e.g. , CAC) • Task Forces • Routine Sub-Committees e Agendas, purpose and time limits • Time Limits: • Meeting length rule (% required to extend) • Discussion limits on proponents and opponents ® Time limit for each Councilor (e.g. , 5 minutes) • 3 minutes per individual or 5 minutes per group. .. • Council Rules: Regular meetings and special meetings s Order of business (consent, old, new, etc. ) • Time limits per item ! • New business (last minute or urgency items) • Public hearings • Parlimentary Process (motions, voting, cut-off debate) • Exceptions • Announce ground rules or show on agenda HOW TO AID ►du►sl:utrl it,the problem is. . . (101 :►nyona Ir.►vc:adtfitics►ta) DISCUSSION TO DEFINE 1. As t w BY ASKING PROBLEMS: information on tl►e isst►e7 THE RIGHT 2. Would anyone care to sucigest facts we need to better wxferstand QUESTIONS the issues involved? Adapted from TO BROADEN 1. We've heard from some of you. Would others who have not spoken 'Working with PARTICI- like to add their ideas? Groups."' Lizette Weiss.Director PATION: 2, How do the ideas presented so far sound to those of you wlio have of Public Affairs. been thinking about them? Association of Bay Area 3. What other issues related to this problem should we discuss Governments. Berkeley. TO LIMIT 1. (To a dominating participant) We appreciate your ideas but perhaps California. we should hear from others.Would some of you who have not spoken PARTICI- expressed? PATION: care to add your ideas to those already exp 2. You have made several good comments and I wonder if someone- else omeoneelse might like to ask a question or make a statement? 3. Since all of the group has not yet had an opportunity to speak,1 wonder if you would hold your comments until a little later. TO FOCUS 1, Where are vde in relation to the decision we need to make? DISCUSSION: 2. Would you like to have me review my understanding of what's been said and where we are? -3. That's an interesting comment. However, I wonder if it relates exactly to the problem that's before us? 4. As I understand it,this is the problem...Are there additional comments before we come to a decision? . r TO MOVE 1. 1 wonder if we've?pent enough time on this and are ready to THE MEET- move along to. . . . ING ALONG: 2. Have we gone into this aspect of the problem far enough so that we could shift our attention to.. .? 3. In view of the remaining agenda items(or time we've set to adjourn) would it be well to go on to the next question before us? TO HELP 1. Do any of you have the feeling we are at an impasse on this issue? THE GROUP And why we are not moving ahead? EVALUATE 2. Should we look at our original objective for this discussion and WHERE IT IS: see how close we are to it? 3. Now that we are nearing the end of the meeting would anyone like to suggest how we might improve our next meeting?- . TO HELP 1. Do I sense an agreement on these points... ? REACH A 2- We seem to be moving toward a decision that would... (Chairperson DECISION: describes decision) Should we consider what it will mean in terms of ...if we decide this way? 3. What have we accomplished up to this point? 4. Would someone care to sum up our discussion on this issue? TO PROVIDE 1., At our last meeting we discussed this issue. Would someone care CONTINUITY: .. to review what we cowed then? 2. Since we will not complete this discussion at this meeting,what are some of the issues we should take up at the next meeting? 3. Would someone care to suggest additional information or issues we need to consider before our next meeting? go Before you consider any tools and suggestions for improving your way of doing business, you should take a temperature reading on your present status. You may discover that you're doing pretty well already or, perhaps that you need some help. The following questions should give you some idea of where you stand. Please answer ALL questions. YES NO 1. Do your meetings regularly run past midnight? 2. Do you "suspend the rules" more than-you stick to them? 3. Does your agenda reggularly contain items which you vote to "receive and file"7 4. Do you regularly refer matters on the agenda to the administration for "investigation and report"? S. Do you have several emergency items at every.meeting? 6. Does your agenda have an "old business"section which is always getting-older? y. Do many of your decisions seem tike "instant replays" from the past five meetings? 8. Do you spend the first ten minutes or more every meeting approving minutes from the past meeting? 9. Do you have trouble getting the floor at meetings? 10. Do you have to ask 10 clarifying questions for each agenda item? 11. Do you get tired of your chair before the meeting ends? 12. Do you have second thoughts about decisions made at most meetings? Now count the number of yes's and no's. TOTAL Now compare your number of yes's with this table. 0 Come on,do you and your colleagues also wrack on water? 1_2 You and your Council or Board should run for'higher office—those guys at Federal and State offices really need your help. 3-6 You and your Council or Board should run for re-election. T.g You and your Council or Board should run for the hillsl 10-12 Are you sure ALL the ballots were counted in the last election? ' 1 SAMPLE RULES OF PROCEDURE Section I: RULES.The following set of rules shall be in effect upon its adoption by the city council until (date) .These rules shall not pertain to zoning meetings.These rules shall take precedence over other rules of the city,including those mentioned in the city code. Items not specifically covered in these rules or the city code shall be decided by the presiding officer using Robert's Rules of Order. Section II: MEETINGS. The Council shall meet regularly at a formal meeting on Tuesday beginning at 7 p.m. It may also meet regularly on Mondays beginning at 7 p.m. if neces- sary.The Monday meeting shall hereafter be designated as the Policy Session.The Tuesday session shall be designated as the Briefing Session.The Council shall also hold formal meetings for zoning matters and any other special meetings the council may deem necessary. Section Ill:SPECIAL MEETINGS.The mayor may call special meetings of the Council.Any three Councilmembers may call special meetings. Upon calling a special meeting,all city council members must be given written notice that specifies the subject matter of the meeting. If there is an agenda for the meeting,it should also be specified in the notice. Twenty-four hours notice must be given for all meetings of the City Council. For emer- gency special meetings,all notices must be supported by documentation and back up material. For an item to be considered an emergency,five members of the Council must agree to hold an emergency meeting. Section IV: ORDER OF BUSINESS AND OTHER PROCEDURES.The Council shall address j itself to three major items of business during the policy session: the consent agenda,the policy agenda and the open discussion period. The consent agenda shall consist of those items placed thereon by the mayor and vice mayor with their recommendations. Any Councilmember shall have the right to request that a consent item be removed from the agenda for the purpose of discussion.The Councilmember must submit that request by 5 p.m. the previous Friday.The council member seeking to discuss any item without meeting the deadline shall do so only upon receiving approval by the majority of the Council. If a consent item remains unchallenged by 5 p.m. Friday,it will be adopted without discussion at the earliest policy session following. Section V: POLICY AGENDA.The policy agenda will be set by the mayor and vice mayor who will have prime responsibility for bringing policy items to the city council, including presentation of such-items.Any item shall be placed on the policy agenda if three mem- bers of the City Council request it. The mayor and vice mayor shall report within 15 days, delineating the date that the item shall be discussed which shall not exceed sixty days without the consent of the Council. Section VI: OPEN DISCUSSION.A time shall be set aside during each policy session in order that any councilmember may initiate discussion of any item pertaining to the business of the city and its Council. It steal: be first on the agenda and not last more than one hour. Section VII: PROCEDURES: PRESIDING OFFICERS.These procedures shall apply to formal, zoning,policy session and briefing sessions and any special meetings of the city council. The mayor shall be the presiding officer at all meetings of the city council and shall have a voice in all of its proceedings.•Councilmembers shall speak in Council meetings only upon being recognized by the presiding officer whose recognition shall not be unreason- ably withheld. In the event of the absence of the mayor,the vice mayor shall be the presiding officer. In the event of the absence of the mayor and vice mayor,the mayor shall designate the presiding officer. i } - Appendix ) (continued) Section Vill: DECORUM AND DEBATE.When a measure is present for consideration to the council,the presiding officer shall recognize the appropriate individual to present the case. When two or more members wish to speak,the presiding officer shall name the member who is to speak first. No member of the Council shall interrupt another while speaking except to make a point of order or to make a point of personal privilege.No member shall speak more than five minutes on any amendment to the question except as further provided in this rule. No member shall speak more than the time limits provided herein on any subject or amendment,and such member may use his/her time in any combination,in separate speech or comments totaling the number of minutes permitted.The mayor shalt not be obligated to recognize any Councilmember for a second comment on the subject or amendment until every Councilmember wishing to speak has been allowed a first com- ment. Councilmembers shall also have the right to yield a portion of time to another member. Any member deciding to speak more than five minutes on any question or more than five minutes on any amendment to the question shall be accorded the privilege without objection or upon motion supported by two-thirds of the Council. No member shall be permitted to interrupt while another member is speaking. No Councilmember shall be permitted to indulge in personalities,use language per- sonally offQnsive,arraign motives of members,charge deliberate misrepresentation,or use language tending to hold a member of the CityCouncil up to contempt. If a member is speaking or otherwise transgressing the rules of the council,the presid- ing officer shall or any Councilmember may call him or her to order in which case he or she shall immediately be quiet unless permitted to explain. The Council shall,if appealed to,decide the case without debate. If the decision is in favor of the member called to order,he/she shall be atiiberty to proceed,but not otherwise,and if the case occurs that he/she shall be liable to censure or other such punishment as the Council deem proper consistent with city ordinances and charter. PARLIAMENTARY QUESTIONS,MOTIONS AND THEIR PRECEDENCE: A Majority Debat- Amend- Vote (of able able those 2/3 Present) 1. To adjourn NO NO YES NO 2. To take a recess NO YES YES NO 3. For the previous question NO NO YES NO 4. To continue to a time certain YES YES YES NO 5. To commit,refer or recommit YES YES YES NO 6. To amend YES YES YES NO 7. To amend an amendment YES NO YES NO 8. To offer a substitute amendment YES YES YES NO 9. To amend a substitute amendment YES NO YES NO. 10. To postpone indefinitely YES NO YES NO 11. Take under advisement YES NO YES NO 12. For the original question NO NO YES NO 13. To table YES NO YES NO Any council member may call for the question en any issue and,upon seconding by another council member,the issue shalt immediately be put to vote.This shalt be done by the member calling for the previous question.Passage of the motion to address the previous question shall terminate debate on the motion,amendment or amended motion, and the matter shall move on immediately. The council may agree to limit debate on any business before it.That agreement may be formalized by a majority of the council on a roll call vote. Any member may request a roll call vote at any time. (128 1 moA i - f d j t _ l Appendix i (continued) The presiding officer shall not entertain any dilatory motions. No member shall be permitted to vote on any question where his private right distinct from public interest is immediately concerned nor unless present in person to cast his/her vote. Councilmembers should state for the record their reasons for not voting. . Section IX: QUORUM.A quorum shall consist of four members of the duly constituted City Council. i; Section X: VOTING. Councilmembers must vote on all issues that are placed before them. If a member does not wish to engage in voting on an issue,that member may absent himself from a meeting or any portion thereof. Section XI: FORMAL AGENDA. Councilmembers should call in questions on the formal agenda by 5 p.m. Friday.Tuesday's briefing session will be reserved for a brief overview E of the agenda and presentation of special items to the City Council. No matter shall be t brought up by the mayor or Council as a speciel item at the briefing session without majority consent of the Council unless 24 hours notice is given to each Couricilmember on the nature of the item to be brought up and appropriate back-up material thereof. Emergencies shall be handled as otherwise provided by these rules.The presiding officer shall be responsible for determining the length of the review and preparation of these € items with the consent of the majority of the Council. i Section XII: COMMITTEES OF THE COUNCIL.All committees shall adopt and enforce rules E of procedure and decorum consistent with those of the Council. Enforcement of these[ules shall be encumbent upon the City Council. Section XIII:SUSPENSION.These rules can only be suspended by five members of the City t Council ? (Adapted from Rules of Procedure, Phoenix,Arizona.) L 4 f 1 i L i L I t i i t i F I - i �tptttprrErrEk S. t ' 29 l , ® PUTTING TRIVIA IN ITS PLACE Is your present agenda cluttered with routine and recurring items which are mechanically taken up at every meeting? A CONSENT AGENDA is a useful tool for quickly handling routine matters in a single "consent"vote. The ap- proach eliminates unnecessary debate on issues which already have majority support. It works generally like this: ® Before a regular meeting, a list of "consent" items is prepared and grouped together under one heading on the agenda. A "consent" item is usually some- thing which already has majority support from the governing body. i At the meeting, the consent items are considered as ONE item requiring one motion for approval and one vote. e If anyone wants to discuss a consent item separately, or vote on it as an individual action, that item can be separated from the list and considered with the regu- lar agenda. The rest of the consent agenda would then be adopted with the ONE MOTION-ONE VOTE process. The most significant variation in consent agendas is who prepares the list For example: In BLOOMINGTON, ILLINOIS, (40,000), and WICHITA, KANSAS, (277,000), the City Clerk decides what items will appear on the con- sent agenda. In COON RAPIDS, MINNESOTA, (31,000), the City Manager is in charge of the consent agenda as well as the rest of the council agenda. In all three cities, an item can be taken off the con- sent list for separate action at the request of a Councilmember. In PHOENIX, ARIZONA, (582,000), the Mayor and Vice Mayor decide what items will go on the consent agenda. Any Councilmem- ber may request BEFORE the meeting that an item be removed for discussion. If the consent agenda remains unchallenged, it's adopted without discussion at the meeting. Councilmembers in PALM SPRINGS, CALIFORNIA, (21,000), have an added option in acting on their consent agenda. They may either okay the full consent agenda, request removal of any item, OR ab- stain from voting on some items while going along with the rest of the consent agenda. Abstentions are cited in the minutes. On the average, consent agendas have anywhere from 10-25 items per meeting. The time savings have been significant in most cases. For example, a councilman in SANTA MARIA, CALIFORNIA,, (33,000),credits the consent agenda with slicing meeting time in half, particularly when a large number of routine items are slated for action. { 5 3. GENERAL MEETING PROCEDURES: time limits for debate, if any, and who may speak at what point (will the public be allowed to speak on separate issues?). 4. NEW BUSINESS: a process for allowing neve items to be added to the agenda. 5. PUBLIC HEARINGS: general provisions for conducting public hearings when required. 6. PARLIAMENTARY PROCESS: while it's not necessary to rewrite Robert's Rules of Order in your own local rules, it's helpful to highlight basic procedures on voting, making motions, cutting off debate. Or, you might simply reference the formal parliamentary procedures as part of your own rules. 7. EXCEPTIONS: specific provisions for when and how the rules can be suspended. Rules will vary from place to place depending on what procedures make your meetings work best. The rules must be tailor-made to your own system if they're going to help you. Once you do develop and adopt some rules, stick to them as much as you can. And remember to review them occasionally and update them when necessary. A set of sample rules of procedure are included in the appendix ; on page 27. IE 3 �f I 16 DSI pO�IQQ 40 `t��Q p�b�oc� No one needs to preach to you about the importance of citizen involvEment in your decision-making process. You already know about that. But what you probably do need are some tips for getting more citizens actively involved in your work—people other than the gadflies and newspaper reporters who are sometimes a round. There are two easy options forgetting the public involved in your work—PUBLIC HEARINGS and PUBLIC COMMENT sections at regular meetings. In both cases you should try to get citizens to speak, to make them feel comfortable in front of a group, and to convince them that their input is valuable and useful to you. Here are a few ideas: PALM SPRINGS, CALIFORNIA, (21,000), uses a public information sheet—almost a pep talk memo to encourage citizens to speak up at hearings and at two public comment sections on the agenda. The memo is designed to encourage active public participation and ease anxieties in speaking, as well as to maintain order at meet ings. "Some of the community's best programs come from the free exchange of ideas among citizens like yourself, staff, and City Council. Your thought today may be a valuable program tomorrow. May we hear from you?" the sheet reads. In WICHITA_. KANSAS, (277,000), one section of the agenda is reserved regularly for public issues and interests. Citizens may submit a written request to appear before the Commission to discuss any issue. The "public agenda" is limited to 30 minutes and individual presentations can't be longer than five minutes unless the Commission authorizes an extension. The Council in ROCKVI LLE, MARYLAND, (42,000), opens the floor to citizen comments at a specific time-8:15 p.m.—at weekly meetings. Usually the Citizen's Forum lasts about 30 minutes and gives the Mayor and Council an opportunity to know what's on the citizens' minds. Formal public hearings, unlike citizen forums at meetings, are usually restricted to one issue which is up for governing body action. Many of the tools which will improve your regular meetings can have the same positive effect on hearings. For example: 17 1 PUBLIC 1. Advance media notice giving the date, time, place, and i HEARING subject of the hearing with a repeat notice on the day of I CHECKLIST: the hearing. 2. Adequate and easily available information about the issue 3 to be considered (posting data in strategic public sites, such as libraries, community centers.) 3. A staff person assigned to handle questions or inquiries before the hearing. 4. Adequate space at the hearing site, including parking for cars and seating. 5. A microphone or other loudspeaking equipment, possibly with a long cord, so people can comment without leaving their seats. S. A recording device and/or stenographer. 7. Information materials available at the meeting (agendas, relevant reports.) S. A sign-up list for speakers or other method for organizing testimony. 9. A brief introduction to the issue at hand presented by the chairperson or staff before the hearing officially begins. E F 10. An announcement or reminder about ground rules i and time limits. i 11. A staff person available AT the hearing to answer questions. s I 12. Announcement of when action will be taken on the issue, either on the same day or at a future meeting. 13. Follow-up procedure for unresolved problems or questions (a staff person assigned to take names and telephone num- k bers of individuals who raised problems, questions, or complaints.) S 14. A competent chairperson with a good voice and good gavel to make sure the hearing proceeds in an orderly t way. I f `1 S[S tqq 5. {p` F j. l 19 t I f Many cities and counties are undertaking programs today to streamline agendas and im prove their business procedures—all with an eye toward improving the overall effectiveness of the governing body. During the past few years, two cities which have been involved in change processes are KANSAS CITY, MISSOURI, where a very broad review of local govern- ment operations was undertaken, and LYNCHBURG, VIRGINIA, where the efforts concen- siness procedures. Here's what happened in each city. trated on the council agenda and bui f KANSAS CITY—Strengthening the Decision-Making Process s I The Kansas City program began in August 1972 when the city accepted a grant from the Department of Housing and Urban Development to try to improve the decision-making potential of the governing body. The program involved all city officials (both elected and appointed) and a management consulting firm which was assigned to work with the city in finding and implementing appropri- ate changes. One of the first objectives was to look at communications in City Hall— f to find out if there was a problem and what to do about it. The consultants began with private interviews with the Mayor, the City Manager, and each Councilmember. Some of the findings of those interviews were: a Different individuals had different perceptions of the roles of the Mayor, Council, and Manager; • There was confusion over what the Council's information needs really were; i s Councilmembers didn't have enough time to get involved in long range planning and policy making because they were too involved with day-to-day details. Next came a series of recommendations to deal with the identified problems. These recommendations were aimed at helping the Council direct more attention to MAKING POLICY. The seven recommendations were: 1. Establishment of a POLICY AND RULES COMMIT- TEE which would concentrate on policy issues and procedures for Council operations and interaction. Its principle role would be to provide policy leadership for the Council and to permit additional Council involvement in policy planning. 2. Development of techniques to improve the Council agenda, rules and procedures,scheduling of items and use of meeting room facilities and conference aids. 21 is Kansas City (continued) The aim of this recommendation was to help the Council make better use of its time at regular meetings and eliminate the need for extra meetings. 3. Development and use of an ORDINANCE FACT SHEET to give the Council clearer and more useful information for decision-making. The fact sheet format would provide a tool for quick scanning of essential issues which were pertinent to the decision. 4. Creation of a GOALS AND PROGRESS CENTER to provide a useable meeting place and a status review center for the Council. The center would include a visual display of key city issues—Council goals,status of selected projects, "state of the city indicators"and an annual Council calen- dar. The room would also be equipped with special confer- { ence aids such as reaps, film screens and projectors. 5. Establishment of a CITY ACTION CENTER to provide prompt, efficient and courteous service to citizens. The center would handle complaints, interpret trends, compile complaint data and feedback information for the Mayor, Manager, and Council. 6. 1 mprovment of interaction between city officials and other elements of community leadership such as civic groups, business organizations by involving them in city activities such as goal setting, problem identification. The program would be designed to encourage and seek input from special groups and to give them information about city affairs. 7. Gradual development of a PROGRAM PLANNING AND EVALUATION SYSTEM for the city to be used as a basis for budget preparation, new program development, analysis of existing services,etc. While all recommendations have been implemented to some extent, the Policy and Rules Committee and the Action Center have produced the most significant results. The Action Center is a tool for satisfying public needs. The Center offers an information resource for citizens who aren't familiar with city regulations, services, and organizations. It also gives citizens a central spot for seeking special services, ?Waking suggestions to city officials or registering complaints. The Center has a full time director, a management information specialist, and four citizen aides. Most of the complaints, problems, and requests come in by tele- phone, although there is some direct contact. A computer system is used for short term analysis of complaint trends, for follow-up on all problems to ensure action, k and for reporting and assessment of Center activities. The Action Center also tries I 22 t r t Kansas City (continued) to resolve as many problems as possible on its own to reduce the need for tying up other city staff members on complaint action. A reply postcard system is used to determine how satisfied citizens were with the response of the Action Center staff. Policy and Rules Committee The five-member Policy and Rules Committee was established to improve the Council's policy making capability and streamline its decision-making process. The Committee meets weekly in the Goals and Progress Center to work on policy development and policy planning. i Among the advantages of this committee is the opportunity for Coun- cilmembers to investigate policy issues at an early stage and in greater depth. In addition, committee analysis is usually on a broader level than when the full council handled all the issues at the formal business table. Already, the Policy and Rules Committee has established itself as a decision-making aid to the entire city government. Referrals to the committee $ have been increasing regularly, including items referred from other committees on subjects which need in-depth policy analysis. Ir i i a. r i t I . i e� 4 1 f E F t E E r, 23 i LYNCHBURG, VIRGINIA—A Streamlining Effort Curing a four year period, city officials in Lynchburg, Virginia, had watched the time they spent in meetings get longer and longer. The City Council was hold- ing more meetings, putting in longer hours at each meeting, but covering fewer agenda items. Table I illustrates the problem: 1974 1975 Table I. Number of meetings 35 39 Number of agenda items 702 554 !-lours in meeting 88.5 106 The city had undertaken some sporadic changes in the business procedures and agenda format between 1972 and 1974. At one meeting, a motion was passed placing time limits on speakers to try to shorten meetings while still allowing citi- zens' input. However, the time limits weren't enforced regularly. Finally the Lynchburg City Council decided to do something about its mid- night adjournment habit. Beginning with 27 recommendations from the administra- tion, and a detailed study of its agendas over a period of time, the Council agreed on a series of changes to improve its way of doing business. Among the changes made were: o Use of a CONSENT AGENDA to handle routine matters ` in single votes. This would cut down on the number of individual votes required at regular meetings. • Setting speaking time limits for both the Councilmembers and citizens AND use of a timer to enforce the agreed-upon limits. o Establishing a 10:30 p.m, quitting time for regular Council meetings which could be extended only by a two-thirds vote of the council. After only a short period under the new system, the Council saw some signifi- cant results. Table ll, which compares meeting time and agenda items during two months in 1975 under the old system with the same two month period in 1976 shows an increase in the number of items acted on and a decrease in time spent in meetings. 1975 1976 Table 11. Number of meetings 7 7 Number of agenda items 59 113 Avg. no. items per meeting 8 16 Hours in meeting 14.02 13.28 The consent agenda has drawn plaudits as the most effective tool for reducing meeting time. For example, in January and February, 1976, 31 items were listed on the consent agenda and approved on four votes. Without the consent agenda, the Council would have voted 31 times. r' `t 24 Lynchburg, Virginia (continued) Some Councilmembers in Lynchburg were surprised by the improvements in their meetings, and all were satisfied with the results. Here are some observations: • " . . One of the most significant features of these new rules relates to public hearings. By limiting the time of debate by opposing sides and by strict ad- herence to all of the rules for public hearings, many hours of unnecessary and repetitious debate will be saved." ® "I think anyone who has ever served on a City Council would agree that most meetings are too long. Indeed, often they become 'endurance marathons and the results can only be bad. A meeting that starts at 7:30 p.m. becomes very wearisome by 10:30 and almost unendurable by 11:30, 12:00, and, yes, often to 1:00 a.m. or later." • "The Administrative Task Force was established to survey, study and recom mend to us simplified procedures that would shorten our meetings without minimizing our effectiveness. The plan . . . gives evidence of being being successful beyond our expectations. Each of (the meetings) has gone very, very smoothly, and . . . as we gain experience we will be able to further refine our plan so as to be even more effective." • "!n noway are we any less receptive nor less responsive to the citizens. We L recognize our responsibility in this respect and keep it in mind at all times. We can, and do, make exceptions to our rules, but only when we feel it is in the best interest of all concerned to do so. And, I might add that I have heard no criticisms of our plan, but in fact, have had numerous favorable comments." i • "1 feel the new Council procedures have been one of the most significant i things that have happened to expedite Council proceedings in my 5Yz years on the Council. Council is getting more things done in much less time. The procedures are giving us the necessary time to spend on the important issues that we previously did not have." • "Even the timing device, which I had some reservations about,appears to be working very satisfactorily. Overall, it has made my job as Mayor much easier in trying to preside at the Council meetings. ' ® "The success of this effort can only be evaluated from the long-range reactions of Councilmembers, the City Admini-tration, and the public. Although the overall feeling is that the new procedures are very bene- ficial, and a definite improvement, we certainly do not believe that this is the last change to be made in our agenda preparation/Council meet- ing procedures. We intend to remain flexible enough to respond to con- cerns and situations as they may arise." i t i 25 { 5 4 5 E e Do p�gn(OAOK 0 SAMPLE RULES OF PROCEDURE Section 1: RULES. The following set of rules shall be in effect upon its adoption by the city council until (date) . These rules shall not pertain to zoning meetings.These rules shall take precedence over other rules of the city,including those mentioned in the city code. Items not specifically covered in these rules or the city code shall be decided by the presiding officer using Robert's Rules of Order. Section 11: MEETINGS. The Council shall meet regularly at a formal meeting on Tuesday beginning at 7 p.m. It may also meet regularly on Mondays beginning at 7 p.m. if neces- sary.The Monday meeting shall hereafter be designated as the Policy Session.The Tuesday session shall be designated as the Briefing Session.The Council shall also hold formal meetings for zoning matters and any other special meetings the council may deem necessary. Section III: SPECIAL MEETINGS.The mayor may call special meetings of the Council. Any three Councilmembers may call special meetings. Upon calling a special meeting,all city council members must be given written notice that specifies the subject matter of the meeting. If there is an agenda for the meeting, it should also be specified in the notice. Twenty-four hours notice must be given for all meetings of the City Council. For emer- gency special meetings,all notices must be supported by documentation and back up material. For an item to be considered an emergency, five members of the Council must agree to hold an emergency meeting. Section IV: ORDER OF BUSINESS AND OTHER PROCEDURES.The Council shall address itself to three major items of business during the policy session: the consent agenda,the policy agenda and the open discussion period. The consent agenda shall consist of those items placed thereon by the mayor and vice mayor with their recommendations. Any Councilmember shall have the right to request that a consent item be removed from the agenda for the purpose of discussion.The Councilmember must submit that request by 5 p.m. the previ- ; Friday.The council member seeking to discuss any item without meeting the dea—sne shall do so only upon receiving approval by the majority of the Council. If a consent item remains unchallenged by 5 p.m. Friday, it will be adopted without discussion at the earliest policy session following. Section V: POLICY AGENDA.The policy agenda will be set by the mayor and vice mayor who will have prime responsibility for bringing policy items to the city council,including presentation of such items.Any item shall be placed on the policy agenda if three mem- bers of the City Council request it. The mayor and vice mayor shall report within 15 days, delineating the date that the item shall be discussed which shall not exceed sixty days without the consent of the Council. Section V1: OPEN DISCUSSION.A time shall be set aside during each policy session in order that any councilmember may initiate discussion of any item pertaining to the business of the city and its Council. It shall be first on the agenda and not last more than one hour. Section VII: PROCEDURES: PRESIDING OFFICERS.These procedures shall apply to formal, zoning,policy session and briefing sessions and any special meetings of the city council. The mayor shall be the presiding officer at all meetings of the city council and shall have a voice in all of its proceedings. Councilmembers shall speak in Council meetings only upon being recognized by the presiding officer whose recognition shall not be unreason- ably withheld. in the event of the absence of the mayor,the vice mayor shall be the presiding officer. In the event of the absence of the mayor and vice mayor,the mayor shall designate the presiding officer. 27 Appendix I (continued) Section V111: DECORUM AND DEBATE.When a measure is present for consideration to the council,the presiding officer shall recognize the appropriate individual to present the case. When two or more members wish to speak, the presiding officer shall name the member who is to speak first. No member of the Council shall interrupt another while speaking except to make a point of order or to make a point of personal privilege. No member shall speak more than five minutes on any amendment to the question except as further provided in this rule. No member shall speak more than the time limits provided herein on any subject or amendment, and such member may use his/her time in any combination, in separate speech or comments totaling the number of minutes permitted.The mayor shall not be obligated to recognize any Councilmember for a second comment on the subject or amendment until every Councilmember wishing to speak has been allowed a first com- ment. Councilmembers shall also have the right to yield a portion of time to another member. Any member deciding to speak more than five minutes on any question or more than five minutes on any amendment to the question shall be accorded the privilege without objection or upon motion supported by two-thirds of the Council. No member shall be permitted to interrupt while another member is speaking. No Councilmember shall be permitted to indulge in personalities,use language per- sonally offensive,arraign motives of members,charge deliberate misrepresentation,or use language tending to hold a member of the City Council up to contempt. If a member is speaking or otherwise transgressing the rules of the council, the presid- ing officer shall or any Councilmember may call him or her to order in which case he or she shall immediately be quiet unless permitted to explain. The Council shall, if appealed to,decide the case without debate. If the decision is in favor of the member called to order,he/she shall be at liberty to proceed, but not otherwise,and if the case occurs that he/she shall be liable to censure or other such punishment as the Council deem proper consistent with city ordinances and charter. PARLIAMENTARY QUESTIONS, MOTIONS AND THEIR PRECEDENCE: A Majority Debat- Amend- Vote (of able able those 2/3 Present) 1. To adjourn NO NO YES NO 2. To take a recess NO YES YES NO 3. For the previous question NO NO YES NO 4. To continue to a time certain YES YES YES NO 5. To commit,refer or recommit YES YES YES NO 6. To amend YES YES YES NO 7. To amend an amendment YES NO YES NO 8. To offer a substitute amendment YES YES YES NO 9. To amend a substitute amendment YES NO YES NO 10. To postpone indefinitely YES NO YES NO 11. Take under advisement YES NO YES NO 12. For the original question NO NO YES NO 13. To table YES NO YES NO Any council member may call for the question on any issue and,upon seconding by another council member,the issue shall immediately be put to vote. This shall be done by the member calling for the previous question. Passage of the motion to address the previous question shall terminate debate on the motion,amendment or amended motion, and the matter shall move on immediately. The council may agree to limit debate on any business before it.That agreement may be formalized by a majority of the council on a roll call vote. Any member may request a roll call vote at any time. 1 28 1 \, Appendix I (continued) The presiding officer shall not entertain any dilatory motions. No member shall be permitted to vote on any question where his private right distinct from public interest is immediately concerned nor unless present in person to cast his/her vote. Councilmembers should state for the record their reasons for not voting. Section IX: QUORUM.A quorum shall consist of four members of the duly constituted City Council. Section X: VOTING. Councilmembers must vete on all issues that are placed before them. If a member does not wish to engage in voting on an issue,that member may absent himself from a meeting or any portion thereof. Section XI: FORMAL AGENDA. Councilmembers should call in questions on the formal I agenda by 5 p.m. Friday-Tuesday's briefing session will be reserved for a brief overview of the agenda and presentation of special items to the City Council. No matter shall be brought up by the mayor or Council as a special item at the briefing session without majority consent of the Council unless 24 hours notice is given to each Councilmember on I the nature of the item to be brought up and appropriate back-up material thereof. Emergencies shall be handled as otherwise provided by these rules-The presiding officer shall be responsible for determining the length of the review and preparation of these items with the consent of the majority of the Council. i Section X11: COMMITTEES OF THE COUNCIL.All committees shall adopt and enforce rules of procedure and decorum consistent with those of the Council. Enforcement of these rules shall be encumbent upon the City Council. ) Section XIII: SUSPENSION.These rules can only be suspended by five members of the City Council. I (Adapted from Rules of Procedure, Phoenix,Arizona.) j I i i i ) t I i r i I I � 29 3. SAMPLE RULES OF PROCEDURE • Eugene, Oregon • Springfield, Oregon e Bend, Oregon • Bay City (Sample) • Suggested Rules, U. of North Carolind e '•.• _ �`�;CRs .•� -����i.,�Z cr �e7 j RESOLUTION NO. $-�� A RESOLUTION ADOPTING BYLAWS GOVERNING PROCEEDI����7r?�zG1�;Z L`'✓ AND CONDUCT OF THE COMMON COUNCIL OF THE CITY OF EUGENE, OREGON, AND REPEALING RESOLUTIONS NO. 1761, 1971, 2105, 2175, 2369 AND 2454 . The Common Council of the City of Eugene finds that subsequent to the adoption of Resolution No. 1761 on January 12, 1970 various Articles and. provisions thereof have been amended, as represented by Resolutions No . 1971, 2105, 2175, 2369 and 2454 . 1 In order to avoid any possible confusion as to applicable Bylaws Governing Proceedings and Conduct of the Common Council, all prior Resolutions should be repealed and their currently effective provi- sions incorporated in one Resolution. i f NOW, THEREFORE, S BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows : E Section 1. Resolutions No. 1761, 1971, 2105, 2175, 2369 and 2454, an any other Resolutions in conflict herewith are hereby re- [ pealed. Section 2 . The powers of the Common Council of the City of Eugene have been established by Chapter 252, Special Laws of the Regu- lar Session of the Twenty-Third Legislative Assembly of the State of i Oregon held in 1905, as amended by Charter Amendments to the Charter, and as governed by the General Laws of the State of Oregon. Chapter VII, Section 38 of the City Charter provides: "The Common Council shall have authority to adopt and establish rules and by-laws govern- ing their -own proceedings and the conduct of any and all elective and appointive officers , . . ." . The rules and regulations herein con- tained are established pursuant to such authority and are adopted in E order to provide for the more efficient administration of the duties and responsibilities of the Common Council. The following are hereby declared to be the by-laws of the Common Council of the City of Eugene, Oregon: ARTICLE I . OFFICERS OF THE COMMON COUNCIL 1. Election or President and Vice-President of the Common Council . The council president shall e elected for a one year �- term. That person who has served the longest on the Council and has not previously acted as Council president shall normally be entitled' to election as the president . A Councilmember may be reelected as president of the Council only after the ex- piration of one 'year from the date he or she last served as such president unless .two-thirds of the total membership of the Council votes otherwise. A Councilmember will not be eligible to be elected president who has not served as a Counci1member for at least two years. 2. The vice-president of the Co"unon Council shall be _ elected at the sane time and in the same manner as the Presi- dent of the Council. A vice-president may be nominated and elected as president. 3 . Time of Election of Council Officers . The candidates for president and vice-press ent of the Council shall be nomi- nated and elected by majority vote at the first regular meeting of the Council in each' calendar yeas. ARTICLE II . REGULAR MEETING OF THE COMMON COUNCIL. 1. Public Meeting s. All meetings of the Common Council, or the boards , coF_nis and commissions of the city shall be open to the public, and all persons shall be permitted to attend such meetings, except as provided in Article III for Executive "Sessions, and subject to the provisions of Article V. ( The Council or respective board, committee or commission shall provide for and give public notice, reasonably calculated to give actual notice to interested persons of the time and place for holding such meetings . Special meetings shall not be held without at least 24 hours ` notice to the members of the Council or respective board, committee or commission and to the general public. In case of an actual emergency, a meeting may be held upon such notice as is appropriate to the circumstances. No quorum of the Council, or any of its boards, committees or com- missions shall meet in private or the purpose of deciding on or deliberating toward a decision on any matter, except as pro- vided in Article 1II for Executive Sessions of the Council. 2. Committee-of-the-Whole. The work of the Council shall be handled and considered initially by the membeVs thereof at a weekly meeting to be held each Wednesday, which shall be a lunch- eon meeting starting at 12 : 00 moon and conti_,uing unCil 1: 30 in the afternoon of the same day, or such other times as may be designated by the city manager. The meeting may be preceded by a tour of points of interest and on-the-spot inspection of neigh- borhoods in which the Council has responsibility for making a Council decision . Proponents and opponents to any issue shall be given an opportunity to make presentations . Resolution - 2 f 3 . Com-nittee-of-the-Whole Agenda. 3 .1 Hatters to be considered by the Council at the Cor*z:,ittee-of-the-Whole meeting shall be placed on the agenda to be prepared by the city manager and any city Councilmember desiring to have a matter considered by the Committee shall. advise the city manager to place the same thereon . 3 .2 In addition to the written agenda, any City Councilmember may bring items to the attention of the Com-nittee-of-the-Whole at the start of such meeting and before consideration of any item presented and to be con- sidered on the written agenda. 4 . Status of Committee of the Whole Decisions . The Council at a Committee of the Whole meeting may make a recommendation on any item brought before it. Such recommendation of the Committee: of the Whole shall be considered at the next regular or adjourned meeting of the City Council. 5. Council Agenda. 5.1 Matters to be considered by the Council at its regu- lar and adjourned meetings-shall be placed on ars agenda to be prepared by the city manager from the following materials: 5.1.1 All items considered by the Council at its Committee of the Whole meetings that have not been previously presented for action at a regular or ad- journed meeting. 5.1.2 Items which are required by law to be pre- sented to the Council that cannot be deferred for ini- tial consideration at a Committee of the Whole meeting . 5.1 .3 Award of contracts on projects which have been approved for design by the Council or approved in the city budget.. 5. 1.4 Items which the city manager feels need prompt Council action to protect the public health, safety and welfare when there appears to be no re- quirement for public notice or substantial public dis- cussion, or items of such a routine nature that they seldom require Council or public discussion and for which delaying of action serves no purpose and could inconvenience citizens. 5.1 . 5 All matters considered under the quasi- judicial procedures of the city shall be placed on the firs` available agenda by the city m nagcr, with due notice thereof as required by law, without prior consideration at a Committee of the whole meeting . Re• Y 1%%tion -- 3 5 .2 In addition to the written agenda for a regu- r lar or adjourned meeting, the Council shall consider any other item proposed by a Councilmember when approved by a three-fourths majority vote of the Council membership present at the meeting . This item, when approved, shall be considered after all items on the written agenda have been acted upon unless provided to the contrary in the motion placing the matter on the agenda. 6. Presiding officer. 6. 1 The Mayor shall preside at all meetings of the Committee of the Whole and Council meetings which he or she attends. 6.2 As provided in the City Charter, the President of the Council shall preside over all meetings of the Council and perform the duties of the Mayor in the absence of the Mayor from the city or if the Mayor is unable to act as such. The vice-president shall have all of the powers of the president of the Council in the absence of the Mayor. In the absence of the Mayor, the president of the Council, and vice-president of the Council, and providing a quorum of the Council is present, the Council shall elect a tem- porary presiding officer to act as Mayor and preside at the { meeting. 7. Hearings _ 7.1 The Council shall establish a hearing panel to take testimony in appeals to the Council reg?Tding: 7.1.1 S'_reet, sidewalk and sewer assessments, 7.1.2 Decisions of the Zoning Board of Appeals. 7 .2 The panel shall consist of two Councilmembers, each appointed for three months. 7.3 Such an appeal shall be heard in pgblic session. The panel shall see that a record of the hearing of the appeal before the panel is kept. The record shall include: 7. 3 .1 Minutes of the testimony taken, 7 . 3 .2 Documents and exhibits received during the hearing. 7. 4 For each such appeal the panel shall prepare a written report of its findings and recommendations. The report shall be submitted to all members of the Council in the week preceding the meeting at which the Council takes final action on the appeal . The report shall be placed on the consent calendar. P.esoiis*-ion - 4 7. 5 Further testimony regarding the appeal may be received by the Council only with the consent of two- thirds of the members of the Council. 8 . Rules of Procedure. 8 .1 The conduct of all meetings of the Council or of any committee appointed by it shall be governed by _ - those parliamentary rules set forth in Roberts Rules of Order. 8 .2 The Council has an obligation to be clear and simple in its ,procedures and the consideration of the questions coming before it. It should avoid invoking the finer points of parliamentary rules which may serve only to obscure the issues and arouse the suspicion of the audi- ence at public meetings and the citizens of the city in general. 8 . 3 In all matters to be heard by the Council the city manager may introduce the subject, after which. the presiding officer may first invite those persons and par- ties who are proponents of any matter to be considered by the Council to speak thereon. Then, the opponents of such proposal shall next be afforded .an opportunity L,. t._ thereon. Then, the city manager and/or members of the staff of the city may speak thereon or answer questions from members of the Council or the public. Then the mem- bers of the Council shall discuss the matters and act thereon. 8 . 4 The president of the Council shall ordinarily pre- sent all main motions on business to come before the regu- lar or adjourned sessions of the Council. The vice-presi- dent of the Council shall ordinarily second all main motions that come before the regular or adjourned sessions of the Council. 8 . 5 These rules govern the conduct of meetings except as is otherwise specifically provided in the quasi-judicial procedures set forth in the Eugene Code, 1971. ARTICLE III . COUNCIL EXECUTIVE SESSIONS 1. Definition of Executive Session. An executive session is a mee`ing at which members of the public are excluded, and _ only those persons invited by the Co usicil Y.v aLLrdiu lnrty do so. Representatives of the news media shall be allowed to attend executive sessions, other than those held for the purposes de- signated in subparagraph 2 . 3 of this Article, but the Council may require thatspecified information which is the subject of the executive session be undisclosed. i 2 . Purpose. The Council may hold an executive session dur- ing a regular, adjourned, special or emergency meeting , after the presiding officer first identifies the authorization therefor, pursuant to QRS 192 . 610 to 192. 690, for the purpose of: 2.1 To consider the employment of a public officer, employee, staff member or individual agent, other than the filling of a vacancy in an elective office or any public committee, counission, or other advisory group to the Council_ The provisions of this paragraph do not apply to the employment of the city manager unless the vacancy in that position has been advertised, regularized proce- dures for hiring have been adopted by the Council, and there has been opportunity for public input into the em- ployment of a city manager. 2.2 To consider the dismissal or discipline of, or to hear complaints or charges brought against a public officer, employee, staff member or individual agent, un- less such public officer, employee, staff member of indi- vidual agent requests an open hearing on the matter. Upon a two-thirds majority vote of the Council, an executive session may be held during a regular, adjourned, special or emer- gency meeting, after the presiding officer first identifies the authorization therefor under the provisions of ORS 192.610 to L _ -- 192. 690 for the purpose of: 2.3 To conduct deliberations concerning the auth- ority of persons designated by the Council to carry on labor negotiations or to negotiate a real property trans- action. 2 .4 To consider records that are exempt by law from public inspection. 2. 5 To consider preliminary negotiations involving matters of trade or commerce in which the Council is in competition with governmental bodies in other jurisdictions . 2.. 6 To consult with counsel concerning the legal rights and duties of the Council with regard to current litigation. 2. 7 If either side requests closed meetings, labor negotiations may be conducted in executive sessions, and notwithstanding the provisions of paragraph 3 of this Article, subsequent sessions of the negotiations may con- tinue without further public notice_ Executive sessions may not' be held for the purpose of taking any final action or making any final decision. 3. Notice. Notice of an executive session shall be given to Council meWEers and to the general public, stating the specific provision of law authorizing the executive session. 4 . Minutes . The Council shall provide for the taking of written mil —of an executive session which give a true reflec- tion of the matters discussed and the views of the participants, but need not be a full transcript or a recording. Minutes shall _- include information as to all members of the Council present; all motions, proposals, resolutions, orders, ordinances and mea- sures proposed, and their disposition; the results of all votes; and the substance of any discussion on any matter, and shall be available to the public within a reasonable time after the meet- ing, except minutes may be limited to material the disclosure of which is not inconsistent with the provisions of ORS 192. 660. 5. Conduct of Meetings . The presiding officer of an execu- tive session sEall be the Council president, or vice-president in the absence of the president . The Mayor may attend, but shall have no vote on matters to which the Council may address itself while in executive session. 6. Action on Recommendation. An official vote on the re- commendations made shall e taken at the next regular or adjourn- ed meeting of the Council on those matters which have been the subject of a previous executive session_. 7. Filling of Vacancies _ If an executive session is called for the purpose of section .1 of this Article, the names of the candidates for the position to be filled shall be placed in nomi- nation, and thereafter: 7. 1 After the close of nominations , the Council president shall snsure that all relevant information concerning each nominee is available to all Council members, including any written statements from or about the nominee. The city manager shall cause an inquiry to be made as to the nominee 's eligibility to serve in the position to be filled, and shall make that report available to the Council . 7 .2 When the Council is satisfied it has concluded the process of reviewing the qualifications of nominees , the presiding officer shall cause a vote to be taken and the position shall be filled at the next regular or ad- journed meeting of the Council from among the two persons receiving the highest number of votes for each pc- ition to be filled . i Resolution - 7 7-.3 In making a recommendation for appointment of a municipal judge, the Council shall request a preferential ballot to be taken by the Lane County Bar Association of all candidates who make application for such position, the results of which shall be made public. Applicants may be personally interviewed at an executive session, and at the next regular or adjourned meeting of the Council thereafter the position shall be filled from among those persons receiving the three highest votes in the prefer- ential poli. - 7.4 The position of assistant municipal judge shall be filled from among those individuals who have made appli- cation for the position, in the manner provided in para.- graphs ara=graphs 7.1 and 7.2 above. ARTICLE IV. COUNCIL BOARDS, COMMISSIONS & COMMITTEES 1. Boards, Commissions and Committees. The following are the presently constituted boards, commissions and committees of the city of Eugene with the number of members and the nama of the appointive authority indicated thereafter, together with the term and the authority for such board, commission or committee: t' a Number of Appointed Members By Term Authority .irport 7 Mayor 4 Years 2. 050 Code ommission Confirmed by Council oxing 5 Mayor Indef . 2.060 Code ommission udget 16 total 1 nominated by 3 Years 294. 336 ORS ommittee 8 lay members each council- 8 councilmembers member ;iilding- 5 Mayr 5 Years 8 .025 (1) (b)Cod ous ing ward o: ?peals .-vi1 3 Council 6 Years 2 .090 Code arvice -3mmission )g Control 1 councilmember Council T_nc��•F , Resolution 247 .thority i ;,.atown 11 Mayor 3 Years 2 . 382 and avelopme t 2.383 Code :)a rd 8 -' -.ctrical 3 Mayor and 3 Years 8.130 Code rte.rd Confirmed by Council .:ugene 7 Council 4 Years 457.140 ORS .'enewal _gency 'ugene :•later 5 Elected 4 Years 2.175 -and Electric 2.180 Code 3oard zambling 3 Mayor 2 Years 2_215 Code Luthority garbage 3 Mayor Indef. 2.235 Code card tistoric 5 Mayor and 2.406 Code 'eview Director of Lane Confirmed by :oard County Museum Council Indef. 4 Lay members 4 Years ousing and 2 Council members Council Indef. 2.250 and ommunity 2 Planning Comm. Planning- Comm. Indef. 2.254 Code j -elopment members 2 Eugene Renewal Eugene Renewal Agency Indef. Agency members 6 lay members Council 3 years .uman Rights : ommission on 9 Lay members Council 3 Years* 2.260 Code .fights of Women ommission on 9 Lay members Council 3 Years* 2 .260 Code ights of inorities ommission on 9 Lay members Council 3 Years* 2.260 Code ights of Jing Citizens )mmission 9 Lay members Council 3 Years* 2.260 Code Rights of :ndicaooed )uth 9 Lay members Council 3 Years* 2.280 Code �mn; ssion :man R';.g is 10 _•iembers Indef . 2. 270 Code )uracil 2 Mem-hers from each Each Commission Commission t aVor City Manager City - ttornev Origi^== a��o:nt^a- ts staggered, one, two and, three year terms . Vane Air 1 Council Member Council Indef. 468. 529 . ORS ✓.lution Authority mane Council 1 Council Member Council Indef. f Government 1 Alternate Council ibrary 5 Mayor and 4 Years 2_295 Code oard Confirmed by _ Council - 4APAC 7 Lay members Council 3 Years 4asonry Board 3 Mayor 3 Year= 8 .425 Code 4echanical 5 Mayor 5 Years 8.500 (2) (c)Co 3oard ietropolitan 1 Council member Council Indef. Council actic ewer Comm_ 1 Lay member Council Indef_ Council actic ietropolitan 1 Council member Council Indef. Council actio 'v/Cable 1 Lay member Council Indef. Council actic 'ranslator 1 Staff member Manager with Indef. Council actic ommission Council confirmation nning 9 Council 4 Years 2.330 Code an :ommission 227.030 ORS ,lumbi-:g 5 Mayor and 1 Year 8 .574 Code Board Confirmed by Council >ublic 1 Police Dept . City Manager 4 Years 3.560 Code ;olici-tations member :ommission 1 Finance Dept . City Manager 4 Years member 1 Chamber of Mayor with Council 4 Years Commerce member approval 1 United Appeal Mayor with. Council 4 Years member approval 3 Lay members Mayor with Council 4 Years - approval zoom Tax 5 Mayor 3 Years Council moti.o ,.11ocation 1 .ommittee ig n Code S Mayor and Confirmed 3 Years 8.801 Code' .oard of by Council ` n-eals I _ t Resolution - 10 ' .a Appeal 1 Parks Dept. Parks Dept. 2 Years 6. 315 Code Board 1 Appellant in Each case each case 1 By the above Each case previously appointed variances 5 Mayor 5 Years 9.736 Code and Zoning :3oard of Appeals - 2. Additional Boards, Commissions and Committees. In addition to the-boards an commissions i nn paragraph IV, 1, above, the Common Council may, by a majority vote of its members, at any regular or adjourned meeting, provide for the appointment of any standing committee that it deems necessary. At the time any addi- tional boards, commissions or committees are created, the creating authority shall designate the manner of appointment thereto in accordance with paragraph 6 .1, 6.2 or 6. 3 of this Article. 3. Appointment of Committee Members . The Mayor shall be the appointive authority to any committee established by the Counc4.1 unless such authority is reserved to the Council at the time the committee is established. The number of members of each committee will be as established at the time it is created by the - f Council. 4. Notice of Committee Vacancies. During the month of October of eac ca en ary year, t e city shall conduct a well planned publicity campaign making use of media, community centers, neighborhood associations, and other civic interest groups to create an awareness among the public of the opportunities for citizen participation in local government. All releases shall be designed so as to make known the number and nature of board, commission and committee vacancies, any existing criteria for selection, the timing and methods of appointments and selection procedures, and an explanatory statement regarding the limita- tions on opportunities to serve. 5. Citizen Interest Forms. During this time (October) , and at such other times as may be appropriate throughout the year, the city manager shall cause to be distributed and collected Citizen Interest Forms on which interested citizens may indicate their interest in participating in local government areas of spe- cial interest to them. The forms shall. be prepared by the city manager and approved by the Council., and shall be so designed as to be applicable to both existing positions and such new posi- tions; as may be created from time to time, and shall contain _ space for such information as the applicant ' s apprcapriate civic and neighborhood experience, applicable skills, appointments of particular interest to them, and the time (s) which they will be available to serve. In addition, the forms shall contain a space for the applicant' s consent to the sharing of the completed form with other interested units of local government. Within a rea- sonable time after the close of the year, the Council shall re- Resolution. - 11 quest the Mayor to write a letter of thanks to be forwarded to all applicants who completed a Citizen Interest Form but were nct selected to serve on any Board, Commission or Committee dur- ing that year. 6. :fanner of Appointment by Council. Appointments to the boards, commissions an coim_—ttees o the city shall be made by the Council as indicated in Article IV, 1 and 2 above, or as de- signated by the ordinance or state law creating the board, com- mission or committee. In making such appointments, the Council shall take into consideration information provided by the Citizen Interest Form, and shall appoint only those persons who are, at the time of application or appointment residents of the city of Eugene. In addition, all appointments that are required to be made by the Council shall be divided into the three following categories: 6.1 Those appointments which require a personal interview of finalist candidates by the full Council, as well as full Council review of appropriate citizen interest forms. 6.2 Those appointments which do not require per- sonal interviews before the full Council, but do re- quire full Council review of all appropriate citizen interest forms prior to appointment. t 6.3 Appointments which more appropriately should be delegated to a Committee on Boards, Cor.-missions and Committees composed of three Council members appointed by the Council, which is charged with the duty of re- viewing the appropriate citizen interest forms and mak- ing formal nominations or recommendations for the Council's consideration. 7. Mayor' s Appointments. The Mayor is requested to furnish to all m ers o t e ounce in writing, the names of all appointees to any board, commission or committee designated in Article IV, 1 and 2 above, who are authorized to be appointed by him or her, and who are subject to approval or confirmation by the Council, prior to consideration by the Council: S. Responsibilities and Functions of Boards , Commissions and Comimittees . Any and all boards , commissions and committees app,ointe pursuant to state law or ordinance of the city of Eugene shall exercise the functions and perform the responsibilities therein contained, and any committee authorized by Council action _ shall perform the duties prescribed by the Council at the time the committee is created_ All committees shall have a chairperson, to be appointed by the Mayor, or in the absence of such appoint- ment, a chairperson and secretary shall be elected by vote of a j majority of the committee at its first meeting. Membership in a Resolution - 12 Council created committee may include members of the Council �- and interested citizens, or both. 9. Term of Office of Special Council Committees. The membership o= any special committee authorize by the Council shall expire at the end of each calendar year except in the case of a special committee appointed for a specific purpose. The membership of a special committee appointed for a specific pur- pose shall end at the time the final report of the committee -is made to the Council. 10. Vacancies. Vacancies on boards, commissions and committees,. 1nc1u ing special Council committees, shall be filled in the same manner as original appointments, as set forth in Article IV, 6 above, unless those procedures are in conflict with the ordinance, resolution or state law creating the same. 11. Appointment of Budget Committee Members . Pursuant to the requirements and provisions of Section 294 .336 of Oregon Re- vised Statutes, a Budget Committee shall consist of all the mem- bers of the Council and a like number of qualified electors of the city, one from each ward, who shall be appointed pursuant to the following: 11.1 On or before the -fourth Monday in the nionL-h of c` January of any year, vacancies in the office of appointive members of the budget committee from any ward shall be filled by appointment by the Council. The Council member representing the ward in which the vacancy occurs shall be responsible for recommending to the Council the appointment of a qualified elector from that ward. 11.2 Appointive members of the budget committee shall be appointed for terms of three years, and subsequently, upon recommendation of the Council member from the ward represented, and subject to Council approval, may be re- appointed to such position upon expiration of the term originally appointed for. Vacancies in the appointive membership of the budget committee shall be filled in the same manner as original appointments. ARTICLE V. CONDUCT AT COUNCIL AND COMMITTEE Or TIME WHOLE MEETINGS . 1. Responsibility for Order. The presiding officer of the Council s a responsible or insuring that order and decorum are maintained during all meetings of the Council, and shall be responsible for assigning to the Sergeant at Arms his or her duties and station. Resolution - 13 c 2. Sergeant at Arms. A member or members of the Eugene �- Police Department, esignated by the Chief of Police, shall act as Sergeant at Arms and shall be present as directed by the Mayor or Council at each Council and Committee of the Whole meeting . The Sergeant at Arms shall have the responsibility to maintain order_ , to enforce the rules of conduct, and to enforce orders given by the presiding officer. 3. Order and Decorum. . 3.1 Any of the following shall be sufficient cause for the Sergeant at Arms to, at the direction of the pre- siding officer, remove any person fro:: t�� �c�.::-�� :••.-••..�••__ _, or meeting hall, for the duration of the meeting: 3.1.1 The use of unreasonably loud or disruptive language. i 3.1.2 The making of loud or disruptive noise. i 3.1.3 The engaging in violent or distracting action_ s 3.1.4 The wilfull injury of furnishings or of the interior of the Council Chambers or meeting hall. ( 3_1.5 The refusal to obey any of the rules of conduct provided within this Article, including the limitations on occupancy and seating capacity. 3.1. 6 The refusal to obey an order of the presid- ing officer or an order issued by any Council member which has been approved by a majority of the Council members present. Unreasonably loud or disruptive language, noise, or con- duct is that which obstructs the work or the conducting of the business of the Council. 3.2 Before the Sergeant at Arms is directed to remove any person from the meeting hall for conduct described in subparagraph 3.1, that person shall be given a warning by the presiding officer to cease his or her conduct. 3.3 If a meeting is disrupted by members of the audi- ence, the presiding officer or a majority of the Council members present may order that the Council Chambers or other meeting hall be cleared. F 4 . Limitations on Debate. Time for testimony by members of the audience at pub zc_ea�rings of any Council meeting at which the public is invited or allowed to address the Council,. may be Limited for each speaker and for each subject by( the pre- Resolution - 14 r ' Siding officer or by majority vote of the Council. All questions and discussion by members of the audience shall be directed to the presiding officer. Direct discussion between members of the audience and Council members or city employees shall be permitted only in the discretion of the presiding officer. Every person desiring to speak shall first address the presiding officer, and upon recognition , shall give his or her name and address and shall confine his or her comments to the issue under consideration. _ 5. Picture Taking and Filming. The taking of photographs in the Council-=ham or of er meeting hall shall be allowed except when done in violation of paragraph 3 of this Article. 6. Seating Capacity and Safety Requirements. 6.1 The safe occupancy and seating capacity of the Council Chambers as determined by the Fire Marshal shall be posted within the Council Chambers . The limitations on occupancy and seating capacity so determined and posted shall be complied with at all times. 6.2 Aisles shall be kept clear at all times. Members of the audience shall abide by the seating plan in the chambers, and shall not pass . beyond the restraining barriers unless requested to do so by the presiding officer. 6.3 Members of the press may sit in the area designated in the seating plan posted in the Council Chambers and must be able to present press identification to be allowed such seating . 7_ Flags, Signs, Posters. No flags, posters, placards, or signs, unless authorized y the presiding officer, may be carried or placed within the Council Chambers, any meeting hall in which the Council is officially meeting, or any meeting hall in which a public hearing is being held. This restriction shall not apply- to armbands, emblems, badges or other articles worn on personal clothing of individuals, provided that such devices are of such a size and nature as not to interfere with the vision or hearing pf other persons at the meeting, and providing that such devices do not extend from the body in a manner likely to, cause injury to another. - 8. Dews Media. The provisions of this Article shall not be construed or prevent news media repre-sentatives from performing their duties so long as the manner of performance is not unreason- ably disruptive. or the meeting . The foregoing Resolution adopted the ci'5= day of 1976. /s/ S. P. rloostad City Recorder :resolution - 15. SPRINGFIELD CITY COUNCIL OPERATING PROCEDURES AND POLICIES Section I - Authority These -operating procedures and policies are established and adopted under the authority granted in the Springfield Charter, Section 55. Section II. - Officers of the Common Council 1) At the first regular meeting of Council in January after each general election, the Council shall elect by ballot one of its members as President of the Common Council. The duties of President shall be those specified in Article VTI , Section 50 of the City Charter and any others expressly directed herein. 2) The City Manager, City Recorder, and the City Attorney are hereby entitled to seats with the Common Council. Section III. - _Regular Meetings of the Common Council 1) The regular meetings of the Common Council shall be held ±.d% the Springfield Utility Board meeting room, 250 North "A" Street. 2) The regular meetings shall begin at 7 : 30 p.m. on the- first ( and third Mondays of each month, except when that day falls on a legal holiday in which event the Council shall meet on the next following regular business day at the same time and location. 3) All meetings of the Council or the Boards , Committees and Commissions of the City shall be open to the public in conformance with Chapter 192 , Oregon Revised Statues , Public Meetings. _ 4) Council Agenda 4. 1 - Matters to be considered by the Council at its regular- and adjourned meetings shall be_ placed on an. agenda to be prepared by the City Manager from the following materials: 4. 1. 1. All items considered by the Council at its Work Sessions which require official action of the Council. 4.1. 2. All items directed by the Mayor or a member of the Council to be listed on the agenda. • 4. 1. 3. All items deemed appropriate by the _Ci.ty Manager. 4 .1.4. All items which are required by law to be pre- sented to the Council. 4. 2 - The Council may also consider any other item, proposed by the Mayor, a member of the Council or the City Manager, not included upon the written agenda. - �.'. .••• _ - ••�Y.i�. iS-...i}�:� ear ..•'j'.! Mr—, r i ••••.:res• 'C'"•bw.. rT__%n'•- •f' .:-.:.. .:..- .: -..L .j y. ✓ ..•s. fat .Y..X'T -• _ Y 1 ~' vr�L. ems::.ro'r_•-Axa;.: j•':a A : •' ai..+.�1C-ti v _•7.^••:��,r_y-. +.,. J.��_:'_»r,';r:.:n: r.. ..•r::. J. tS`. ��.'�ax•�.�• .e.�i•.., , ":.114-mi .t. r 5) Communications 'Petition's or other written material which concern items which are or may be on the agenda must besubmitted' to the City Manager's Office by 12 :00 noon of the Wednesday pre- ceding the Council meeting for which it is intended. The City Manager may withhold any such item from the agenda so that he may have an appropriate study made of the issue, question or request being made. '6) Order of Business The order of business of the Council meetings, unless the Mayor with the consent of a majority of the Council shall otherwise direct, shall be as follows : (A) Call to Order - (B) Roll Call (C) Pledge of Allegiance (D) Invocation (E) Minutes (F) Public Hearings : j (1) Consideration of resolutions dealing with public hearings ' (G) Business from the Audience (H) Permanent Report of the Planning Commission (I) Correspondence and Petitions (J) Business from the Council (K) Business from the City Manager CL) Business from the City Attorney (M) Bids (M) Consent Calendar (1) Claims and Warrants (2) Resolutions (3) Ordinances _ (0) Matters removed from the Consent Calendar (P) Other Business (Q) Adjournment 7) Agenda and Supportive Material to the Public 7. 1 - The City Manager shall provide copies of all public records to any person so requesting that material , in complaince with Chapter 192 , Oregon Revised Statutes , Public Secords. He may charge a nominal fee for the material consistent with the cost of duplicating that material. Will bm- .. ro - u - ` CeuR - ` • 7 A" ). H •>:T7. '.',�.�,� � �y�}0.{iT, Y•.."tom l.i...':o. .r..' :;y .J' ._ii:t>. ...�: ^i. �ti •.�' ...::�.::. ��>>�`ri ��R...."��' ^" •�"'!!'�..�� __ �f4�• �•r ..A'.ew" ,Y. _ :^t•_ .: :: �'4«.i!':.eit'�._.-• _p.�.L-++•+>,f`n�Ai;:1 q`�j',► -am.: ...�.`;.a:i's.yizr!1vp a: _ ♦a� . :'F i•`.` Y: `('• _ .'' • � _. t'..:'.:_94 fel.. aaY'Ft�T�,,.,..Yai i•.'.3�.•. .T--�T . ~'� TT. ^- ._ "'If 8) Presiding Officer 8. 1 - The Mayor shall preside at all meetings of the Council which he attends. 8. 2 - The President of the Council shall preside over the meetings of the Council and perform the duties of Mayor in the absence of the Mayor from the City, or. if he is for any cause unable to act, the President of the Council shall have and exercise the powers and perform all the duties of Mayor. 8.3 - In the absence of the Mayor and the President, if a quorum of the Council is present, the Council shall choose, by ballot, a President Pro-Tem to preside at that meeting. 8 .4 - The Council President or the Council President Pro-Tem, while serving as presiding officer may move, second, and debate from the chair, subject only to the limitations of debate as are imposed on all members and shall not be deprived of any of the rights and privileges of a Councilman by reason of acting as presiding officer. 9) Appeal Hearings_ 9. 1 - Appeal hearings before the City Council shall be scheduled as soon as possible after the Council is notified of the appeal, allowing sufficient time for providing the required public notices. 9. 2 - Hearings will be conducted in the manner provided iri '' Sections 25 .16 through 25. 21 of the Springfield Zoning Code. 10) Enactment of Ordinances 10. 1 - The procedure and requirements for the enactment of ordinances shall be as provided in Section 1-12-1 of the Springfield Code. ' 10. 2 - As provided in Section 1-12-1 , the reading of an ordinance is considered to have taken place by it being placed on the consent calendar. ' Ordinances without the emergency clause will appear on the consent calendar at two consecutive regular meetings. Ordinances containing the emergency clause are considered to have received two readings by being placed on the consent calendar at a single meeting. In all cases, ordinances shall receive a roll call vote for final passage. 11) Under normal situations, if the Council desires, substantive matters arising under "Correspondence and Petitions" will be referred to the City Manager for study. Section 1V. - Conduct at Council Meetings 1) The conduct of all meetings of the Council or of any. com- mittee appointed by it shall be governed by Roberts ' Rules of Order, Revised, unless otherwise provided. _ •y:Tti ap'��.. _ . '.- li• s` ia�d•d ' .: tat '�i6<+Or .(aft =3'"T"' s+.• _ •�:;yew:w.. :a.- .':aii 7'�.:+e� e'en• ;�.a.�.F~�•:ti._•`titsw(�1'. _ .•��-et'..b't .i.' . '�L.`t._�1.*=. •ori::. ri?: 2) The Council will be clear and simple in its procedures and the consideration of matters coming before it. It should avoid invoking the finer points of parliamentary rules which may serve onl' to obscure the issues and to cause audience or citizen misunder- standing of or misapprehension about actions taken at the meeting. 3) The City Attorney is designated as parliamentarian for the Council. Questions of parliamentary rule may be referred, through i the presiding officer, to the City Attorney for interpretation. However, the final ruling rests with the presiding officer. 4) Except as provided for in paragraph 5 below, the President ' of the Council should ordinarily present all main motions on busines:j f to come before the Council. The second may come from any member. j All members may, however, present motions when appropriate. 5) Motions on bids, claims and improvement warrants shall ordinarily corse from the chairman of the Finance Committee of the i Council with the second from any other member of that committee. S) Questions which any Councilmember may have concerning t claims to be approved at a forthcoming Council meeting should be referred, prior to that meeting, to the chairman of the Finance Committee. The chairman will then contact the City Manager for an answer to that question. The Council should attempt to refrain from inquiring of specific claims at the regular meeting because complete records are not avialable at that time. 7) The Recorder, when presenting the Communications to the -'•� � Council, shall briefly explain the content of each- communication l for the information of members of the publ:lc attending the regular meeting. f �- 8) The Mayor and each member of the Common Council shall be aware of and abide by the Public Official Code of Ethics as stated r in Chapter 244 , Oregon Revised Statues . (a) When a potential conflict of interest occurs , the member(s) so affected shall immediately declare such potentia. -con- flict of interest and -state the reasons therefore. (b) A member so affected may refrain from discussing and voting on that issue . involved in the potential conflict of interest. It (c) If a member is in doubt as to whether or not he should refrain from participation or voting, the nature of the potential conflict should be disclosed and the Council may then by motion determine whether or not the affected member should participate and/or refrain from voting. ' 9) The City Council meetings will normally conclude at 10 : 30 p.m. except upon consent of a majority of the Council members present to proceed or to extend the meeting to a time certain or unci. an issue is discussed or resolved. Section V. - Council Work Sessions 1) The City Council may have work sessions at which they shall have discussion on topics of importance to 'them. The work sessions shall normally be held on the second and fourth Monday of each month beginning at 7 .30 p.m - K •.. .. ... r —..-- Q�� •_ ,l L . 1 N• ' ••iL'.�b� .._Leet a�.'•-vY- •' _ �• :4� .1 'ti.�. .4 Yr. =w1'• _ 'U .C9_i, L•'LT'.Y...i%•�•.� � 'r°'yF£1 •�= •wi;...h.��a,�.y::,.j.^' .•-»�.c.4 , ,iia.—�;�''�—: 3,. �a.�1 �4tL�s�a4:£•a '`i't!j:•:,`f 2 R.���;�Y:' P.iY'.-•�T �:�t. � ��`��'�; 1. = - The Council shall meet at the same place as for the regular Council meeting except that an effort shall be made to hold the second monthly work session at some other location so as to provide more convenient access to the people of the City. 1. 2 - 1he agenda for the work session shall be prepared by the City Manager from items : (a) All items directed by the Mayor or a member of the Council to be listed on the agenda. (b) All items deemed appropriate by the City Manager. 1. 3 - Work sessions of the City Council will normally adjourn by 10 :00 p.m. except upon consent of a majority of the Council members present to extend the meeting to a time certain or until an issue or item is discussed or resolved. 1.4 - No work sessions shall be scheduled on the Sth Monday of any month or on the 4th Monday during the months of June, July and August. 1. 5 - Decisions made 'and actions taken at the work session are informal and must be ratified at the next regular session. Section VI. - Council Executive Sessions 1) It is the policy of the Common Council of the City of Springfield to ensure an informed-public, aware of the deliberations and decisions of this body and its subbodies , and of the information t upon which decisions were made. It is further the policy of the City of Springfield that those decisions be arrived at openly. 2) All Executive Sessions of the Common Council shall be called and conducted in accordance with Chapter 192 , Oregon Revised Statues. 3) No executive session may be held for the purpose of taking any final action or making any final decision. Final actions and final decisions must be done in open, public meetings of the Council. Section VII. - Council Boards, Commissions and Committees 1) All persons interested in being considered for appointment to any of the City' s various boards , commissions and committees shall submit a resume , on .a form provided, to the City Manager prior to formal consideration by the Council. 2) A complete list of members of the City' s various boards , commissions and committees is available at the City Manager' s Office. It will be updated and provided. to the Mayor and City Council members from time to time or upon request. ' 4 ..�. ._ . .�..__ .�. ..'.•-v:�+r•..r. �pve• ..•:t. ; 'a ..�o ' "i ..�e%t1' '-A\+b. .'�'3 •► v_£;v=.vr.�4} :,,�... y tyt.i t�.... ^,Hy„y•.« ..'iM1k'h. :°�;� :s r`G...: :: f�. :a- _ 'ik'- .V .�w rn.7n-t.'�--.•.�.1.'�F.�•*�.'yi.-. :ri..-a.�„-+"t.��•' . 3) All appointees to the City' s various boards , commissions and committees serve at the pleasure of the appointing authority. A position shall be vacated by the Council when the appointee has three or more unexcused absences from the board, commission or committee meetings in any 12 consecutive month period. Section VIII. - Conduct at Council Meetings and Work Sessions 1) Responsibility for Order s The presiding officer of the Council shall be responsible for ensuring that order and decorum are maintained during all meetings of the Council, and shall be responsible for assigning to the Sergeant-at-Arms his or her duties and station. 1. 1 - The Chief of Police or a designated representative shall be the Sergeant-at-Arms. 1. 2 - Sergeant-at-Arms shall be present at all regular and adjourned meetings and work sessions of the Council. 1. 3 - The Sergeant-at-Arms shall have the responsibility to maintain order and to enforce the rules of conduct as directed by the presiding officer. 2) Order and Decorum 2. 1 = Any of the following shall be sufficient cause for •• the Sergeant-at-Arms to , at the direction ,of the presiding officer, ( remove any person from the Council Chamber or meeting hall , for the duration of the meeting: 2.1. 1. The use of unreasonably loud, disruptive or profane language. 2. 1. 2 . The making of loud or disruptive noise. 2. 1. 3. The engaging in violent or distracting action. 2. 1.4 . The wilful damage of furnishings or of the interior of the Council Chambers or meeting hall. 2. 1. 5 . The refusal to obey any of the rules of conduct provided within this Section, including the limitations on occupancy and seating capacity. 2. 1. 6. The refusal to obey an order of the presiding officer or an order issued by any Council member which has been approved by a majority of the Council members present. 2. 1. 7. Any conduct which obstructs the •work or the conducting of business of the Council. 2. 2 - Before the Sergeant-at-Arms is directed to remove any person from the meeting hall for conduct described in suboa:ra- graph 2. 1, that person shall be given a warning by the presiding officer to cease that conduct. ' • 2. 3 - If a meeting is disrupted by members of the audience, the presiding officer or a majority of the Council members present may order that the Council Chambers or other meeting hall be cleared. 6 .`.4{ •;Yr, x. -+7 �ii►�.' •.a l.r q-i.r+ •'•- .t. . i.- ......e-:1._+t.r..:..r_:' 1_ •al•di�+A:R.o';6..y-�._ ��•-'yr � a1.,.y�a.���r ` ..e...a•.. .:t.' :.L, ::e...'.-�=.'S. aNw -.�. .v.ia aAper y>+_�,.-ti.r.:}ra•+.y�w^a.=�.roe.q('ak�•+t..: L .,y_ _ -,�£ �,. • t•'?t. ;r' .i- •a;t pS�i..•r'°�ar �.�-.'{'hr1`�"�'�...-a• �Yst� � +I 3) Flags, Signs, Posters. No flags, posters , placards, signs or animals unless authorized by the presiding officer, may be carried or placed. within the Council Chambers , any meeting hall in which the Council is officially meeting, or any meeting hall in which a public hearing is being held. This restriction shall not apply to armbands , emblems , badges or other articles worn on personal clothing or individuals , provided that such devices are of such a size and nature as not to interfere with the vision or hearing of other persons at the meeting, and providing that such devices do not extend from the body in a manner likely to cause injury to another. 4) Picture Taking and Filming. The taking of photographs in the Council Chambers or other meeting hall shall be allowed except when done in violation of paragraph 2 of this Section. 5) Limitations on Public Debate. 5. 1 - Time for testimony by members of the audience at public hearings or any Council meeting at which the public is invited or allowed to address the Council may be limited for each speaker and for each subject by the presiding officer or by majority vote of the Council. In the interest of time , persons addressing the Council shall attempt to limit their remarks to five minutes or less. S. 2 - All" questions and discussions by members of the _••ti audience shall be directed to the presiding officer. s 5. 3 - Directed discussion between, members of the audience and Council members or city employees shall be permitted only at the discretion of the presiding officer. 5.4 - Persons desiring to speak to the Council shall complete a "Request for Recognition" card which is provided at regular Council meeting and shall give it to the City Recorder. The presiding officer will recognize those persons submitting the card first and may then recognize others in the audience. 5 . 5 - All public testimony at regular sessions and work sessions , except at public hearings , shall be under the agenda item "Business from the Audience" . 5 .6 - All persons addressing the Council shall do so from the podium after first having loudly and clearly stated their name and address. When speaking at public hearings , persons shall confine their comments to the issue under consideration. 6) Seating Capacity and Safety Requirements 6. 1 - The safe occupancy and seating capacity bf the Council Chambers as determined by the Fire Marshal shall be posted within the Council Chambers. The limitations on occupancy and seating capacity so determined and posted shall be complied with at all times. 6. 2 - Aisles shall be kept clear at all times and persons shall not obstruct the doorways. .. .. .._+a.' - _.._.+: _..... oti .?••N'.J: 4 t+: >+!^..:a. w""!\�iF� � $ fit~ ^9 y" j��:.. U. 4� '� .c• � ':A-a 7) News_ Media The provisions of this Section shall not be construed to prevent news media representatives from performing their duties so long as the manner of performance is no*Lc unreasonably disruptive of the meeting. 7. 1 - Representatives of news media organizations utilizing electronic recording equipment may use the recording jacks made available in the Council Chamber for that purpose. Those persons shall not approach the Council table for the purpose of recording without permission of the presiding officer. 7 . 2 - Persons using television or video tape equipment shall set up such equipment prior to the beginning of the meeting. The removal of that equipment, upon completion of filming, shall be bone in such a manner as to cause no disruption or distraction in the meeting. f section IX. - Miscellaneous Cit Council Policies and Procedures - � 1) Members of the City Council requesting a legal opinion { from the City Attorney shall norm?l '- dir_ that request through the City Manager' s Office or to the City Attorney at any official meeting of the Counbil. 2) The Mayor and City Council member shall refrain from using staff time and incurring unnecessary cost to the City.' 3) Authorization is needed from the :Mayor priorCouncil to a member taking a trip and incurring expenses on City related business . Section X. - Amendments and Additions to Operating Procedures and Policies 1) Any part of these operating procedures and policies may be temporarily suspended by a two-thirds vote of those members of the Council present and voting. 2) These operating procedures and policies may be permanently amended at any meeting at which prior notice of the proposed change was provided to each member of the Council. A two-thirds vote of those members of the Council present and voting is_ needed to effect an amendment or an addition to these operating procedures and policies. ..o^ ..;nrai� f-',�s�:a.?"SC",'.,...'t•gr.=r._. _ S.q�•��+"'�'^'E'._'a -srj��5'��. �� �w ,t: on mom ej�..en:s• 1��vf�.�G ��.r� .-a�'�:'-/1:'�;'+'-.�+-•::••.•'rte ..r.,. .. . .. .. . ..... ^:aEM. i�-:.T.:°.. vw '�u'-.s•.�i'. e Bend Ordinances 1-3 C l-3. 3 r ` ORDINANCE NO. NS-433 AN ORDINANCE PROVIDING FOR THE GENERAL PROCEDURE AT COMMISSION MEETINGS; SETTING FORTH THE TIME AND PLACE; PROVIDING FOR SUBMISSION OF NEW MATTERS IN WRITING TO CITY CLERK PRIOR TO MEETINGS; PROVIDING FOR A PRESIDING OFFICER AND A CHAIRMAN PRO TEM AND THEIR DUTIES; SETTING FORTH IN ORDER OF BUSINESS, RULES OF DEBATE, MANNER OF ADDRESSING THE COMMISSION; PROVIDING FOR DECORUM AND MEANS TO PRESERVE SAME; AUTHORIZING CERTAIN PERSONS TO BE WITHIN COMMISSION AREA; PROVIDING FOR A RECORDING MA- CHINE; APPROVING OF ACCOUNTS DINANCES ETC. ; ANDAGAINST THE CITY; , FINALLY, METHOD OF PREPARATIOOVERING N OF ; PROVIDING FOR ADJOURNMENT. The city of Bend does ordain as follows: Section 1. Regular Meetings. a. Time. The city commission shall hold regular meetingson d the first and third Wednesdays of each month at 7:30 m. , p , however, that when the day fixed for any regular meeting of the commis- sion 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. b. Place. All regular meetings of the commission shall be held in the commission room of the city hall of the city of Bend. c. The commission may adjourn upon motion made at any regular meeting as provided in subsection a. to the next succeeding regular meeting or to some specified time prior thereto which adjourned meeting will be deemed to be a continuation meeting. d. Special meetings of the commission may be called by the chair- ; man or by any other four members of the commission at any time upon no less than six hours notice by personal service before such meeting. Section 2. [Section 2 repealed by Ordinance No. 114S-692 passed October 6, 1965. ] r Section 3. The Presiding Officer - Election and Duties. The pre- siding officer of the commission shall be the mayor who shall be elected t s annually at the first meeting in January of each year, by the members, ; from their membership. The mayor shall assume the chair of the pre- F siding officer immediately after his election. The presiding officer shall preserve strict order and decorum at all regular and special f Bend Ordinances 1-3. 3 1-3. 8 meetings of the commission. He shall state every question 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. In the event of questions ^f order which are not answered in this ordinance the commission hereby adopts the rules of order (revised) know: Robert's Rules of Order, Revised, 75th Anniver- sary Edition. The mayor shall vote on all questions, his name being called last. He shall sign all ordinances and resolutions adopted by the commission during his presence. In the event of the absence of the mayor, the presiding officer shall sign ordinances or resolutions as then adopted. Section 4. Chairman Pro tem. At the time of the election of the mayor, the city commissioners shall elect one of their members to the position of chairman pro tem. This position shall be considered at any subsequent meeting as an expedient position to provide for a presiding officer in the absence of the mayor. Said chairman pro tem shall act in the place and stead of the mayor during the absence of the mavor. Section 5. Call to Order - Presiding Officer. The mayor, or in his absence, the chairman pro tem, 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 chairman pro tem, the city recorder, or his assistant, shall call the commission to order, whereupon a temporary chairman shall be elected by the members of the commission present. Upon the arrival of the mayor or chairman pro tem, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the com- mission. Section 6. Roll Call. Before proceeding with the business of the commission, the city recorder or his deputy shall call the roll of the members, and the names of those present shall be entered in 4he minutes. Section 7. Quorum. A majority of the commission shall consti- tute a quorum to do business, but a less -number can appear and adjourn from time to time. Section 8. Order of Business. All meetings of the commission shall be open to the public., Promptly at the hour set by law on the day i f k 1 4" 1_3. 8 Bend Ordinances 1-3. 10 of each regular meeting, the members of the commission, the city recorder, and the city manager shall take their regular stations in the commission room, and the business of the commission shall be taken up for consideration and disposition in the following order: 1, Roll call, 2. Consideration of minutes of previous meeting. 3. Visitors' propositions. 4. Communications. 5. Petitions. 6. Unfinished business. 7. New business. 8. Resolutions 9. Reading of ordinances - first time. 10. Reading of ordinances - second time. 11. Bills a- tin: ` the city. 12. Officers' reports. 13. Manager's report. 14. Good of the city. j Section 8 as amended by Ordinance No. NS-692 passed October 6, 1965, j Section 9. Reading of Minutest Unless a reading of the minutes ! of a commission meeting is requested by a member of the commission, such minutes may be approved without reading if the recorder has pre- viously furnished each member with a copy thereof. Section 10. Rules of Debate. (a) Presiding Officer may debate and vote, etc. The mayor or such other member of the commission as may be presiding may move, second, and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a commissioner by reason of his acting as the presiding officer. • (b) Getting the floor - improper references to be avoided. Every member desiring to speak shall address the chair, and upon recognition by the presiding officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. (c) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call him to order, or as herein otherwise provided. If a member, -while speaking, be called to order, he shall cease speaking until the question of order be determined, and, if in order, he shall be permitted to proceed. (d) Privilege of closing debate. The commissioner moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. E - F 1-3. 10 Bend Ordinances 1-3. 12 (e) Motion to reconsider. A motion to reconsider any action taken by the commission may be made only on the day such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion must be made by one of the prevailing side, but may be seconded by any mem- ber, and may be made at any time and have precedence over all other motions or while a member has the floor; it shall be debatable. Nothing herein shall be construed to prevent any member of the commission from making or remaking the same or any other motion at a subsequent meeting of the commission. (f) Remarks of commissioners - when entered in minutes. A commissioner may request, through the presiding officer, the privilege of having an abstract of his statement on any subject under consideration by the council entered in the minutes. If the commission consents thereto, such statement shall be entered in the minutes. (g) Synopsis of debate - when entered in minutes. The clerk may be directed by the presiding officer, with consent of the commission, to enter in the minutes a synopsis of the discussion on any question coming regularly before the commission. Section 11. Addressing the commission. Any person desiring to { address the commission shall first secure the Rermission of the pre- siding officer so to do; provided, however, that under the following headings of business, unless the presiding officer rules otherwise, any qualified person may address the commission without securing such prior permission: (a) Written communications. Interested parties or their authorized representatives may address the commission by written communications in regard to matters then under discussion. (b) Oral communications. Taxpayers or residents of the city, or their authorized representatives, may address the commission by oral communications on any matter'concerning the city's business, or any matter over which the commission has control; provided, however, that preference shall be given to those persons who may have notified the city recorder in advance of their desire to speak in order'that the same may appear on the agenda of the commission. - (c). leading of protests, etc. Interested persons or their author- ized representatives may address the commission by reading of protests, petitions, or communications relating to zoning, sewer and street pro- ceedings, hearings on protests, appeals and petitions, or similar matters, in regard to matters then under consideration. i Section 12. Addressing the Council after Motion made. After a motion is made by the commission, no person shall address the commission without z ' 1-•3. 12 Bend Ordinances 1-3.16 f first securing the permission of the commission so to do. Section 13. Manner of Addressing Commission. Each person addressing the commission shall step up in front of the commission (or before the microphone if in use), shall give his name and address in an audible tone of voice for the record. All remarks shall be ad- dressed to the commission as a body and not to any member thereof. No person, other than the commission and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the commission, without the permission of the presiding officer. No question shall be asked a commissioner except through the presiding officer, who shall give permission in an orderly fashion. Section 14. Decorum. j (a) By commission members. While the commission is in session, ' the 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 commission nor distrub any member while speaking or refuse to obey the orders of the commission or its presiding officer, except as otherwise herein provided. (b) By persons. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous while addressing ( the commission shall be forthwith, by the presiding officer, barred from further audience before the commission, at that particular meeting, unless permission to continue be granted by a majority vote of the com- mission. Section 15. Enforcement of Decorum. The chief of police, or such member or members of the police department as he may designate, shall be sergeant-at-arms of the commission meetings. He, or they, shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the commission meetings. Under instructions of the presiding officer, it shall be the duty of the sergeant-at-arms, or any of them present, to place any person who violates the order and decorum of the meeting under arrest, and cause him to be prosecuted under the provisions of the ordinances of-the city of Bend and a violation of this section shall be*deemed a disorderly con- duct in a public place, and shall be prosecuted as such on a complaint to.be signed by the presiding officer. Section 16. Silence Constitutes Affirmative Vote. Unless a member of the commission states that he is not voting, his silence shall be recor- ded as an affirmative vote. c 1-3. 17 Bend Ordinances 1-3. 23 Section 17. Persons Authorized to be within the Commission Area. No person, except city officials, their representatives and newspaper reporters, shall be permitted within the commission area of the com- mission room, without express consent of the commission. Section 18. Special Committee. All special committees shall be appointed by the presiding officer, unless otherwise directed by the commission. Section 19. Members may File Protests Against Commission Action. Any member shall have the right to have the reasons for his dissent from, or protest against, any action of the commission entered in the minutes. Section 20. Recording Machine. A voice recording machine of an approved type shall be available where practicable at all commission meetings. Recordings shall be made of all or parts of any such meeting by direction of the presiding officer. Also any member of the commission may request a recording be made of all or any part of any particular meeting. When such recordings are made, the record thereof shall be retained and stored'by the city manager until such time as the commission on motion and vote shall direct the disposal thereof. Such retention and storage by the city manager shall be made in a Safe place and such record- ing shall not be permitted to be taken outside the confines of the city hall. Section 21. Claims Against the City. No account or other demand against the city shall be allowed until the same has been considered and reported upon by the commission and approved by at least four members of the commission. Section 22. Ordinances, Resolutions, Motions, and Contracts. (a) Preparation of ordinances. All ordinances shall be prepared by the city attorney. No ordinance shall be prepared for presentation to the commission unless ordered by a majority vote of the commission, or requested in writing by the city manager or prepared by the city attorney, with the approval of the city manager, on his own initiative. (b) Prior approval by administration. All ordinances, resolutions, and contract documents shall, before presentation to the commission, have been approved as to form and legality by the city attorney or his authorized representative, and shall have been examined and approved for administration by the city manager or his authorized representative, where there are substantive matters of administration involved. Section 23. Reports and Resolutions to be Filed with Recorder. All reports and resolutions shall be filed with the recorder and entered on the minutes. • • 1-3. 24 Bend Ordinances 1-3. 24 Section 24. Adjournment. A motion to adjourn shall always be in order-and decided without debate. Passed by the commission and approved by the-mayor October 20, 1354. V t 1 I 1 1 I : 1 t . 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"� a . r a r� a Y y 7tt lnt'� r +>r ,Yi CONTENTS :y a y .0 Section 1 Regular Meetings . . . . . . . . . . 1 Section 2 Call- to Order . . . . . . . . . . . 2 Section 3 Order of Business . . . . . . . . . 2 Section 4 Reading of Minutes 3 x t Statement of Bills E • Treasurer's Report Section 5 Rules of Debate . • . . , • . . • • 4 Section 6 Silence Constitutes Affirmative Vote 5 Section 7 Recording Machine . . . . . . • • 5 r Section 8 Ordinances, Resolutions, Motions and Contracts . 6 i i i i i e . i F t is F At COUNCIL RULES OF PROCEDURE Section 1. Regular Meetings. (a) TIME. The city council shall hold regular meetings on w the first and third Thursdays of each month at 8:00 P.M. provided, however, that when the day fixed for any regular meeting of the council 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. (b) PLACE. All regular meetings of the council shall be held in the Council Room of the City Nall of the City of Bay City. (c) QUORUM. A majority of members of the council shall constitute a quorum for its business, but a smaller number may meet and compel the attendance of absent members in a manner provided by ordinance. (d) ADJOURNMENT. The council may adjourn upon motion made at any regular meeting as provided in subsection (a) to the next succeeding regular meeting or to some specified time prior thereto which adjourned meeting will be deemed to be a continuation meeting. (e) SPECIAL MEETINGS. Special meetings of the council may be called by the mayor upon his own motion, or at the request of three members of the council the mayor _shall , by giving notice thereof to all members of the council then in the city, call a special meeting of the council for a N time not earlier than twenty-four hours nor later than fourteen days after i :Y the notice is given. - 1 (f) PARLIAMENTARY RULES. The conduct of all meetings by the council or any committee- shall be governed by those parliamentary rules set forth in Robert's Rules of Order, 75th Edition. Section 2. Call to Order - Presiding Officer. The mayor, or in his absence, the president of the council , shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the council to order. In the absence of the mayor or president of the council , the c-ity recorder, or his or her assistant, shall call the council to order, whereupon t a temporarychairman shall be elected by the members of the council_ present. 7 Upon the arrival of the mayor or president of the council , the temporary chairman shall immediately relinquish the chair upon the conclusion of the business imn.ediately before the council . Section 3. Order of Business- All meetings of the council shall be open to the public. Promptly at the hour set by law on the day of each regular meeting, the members of the council , the city recorder, and city attorney shall take their regular stations in the Council Room, and the business of the council shall be taken up for consideration and disposition in the following 'order: (a) Call to order (b) Roll call- (c) Visitors' propositions (d) Minutes of previous meeting (e) Treasurer's financial report (f) Bills against city i e F (g) Communications (h) Mayor's presentation (i) Council-Is presentation ° (�} Official reports III Fire 2 Building-'inspector S Public works superintendent (Street, Sewer, Water and Park) (4) Sewer inspector << (51 Planning commission (k) Standing committee reports (1) City attorney presentation (m) Miscellaneous The foregoing outline for the order of business may be altered by the mayor to fit local _demands upon aray_ given session of the council. Section 4. Reading of Minutes, Statement of Bills, and Treasurer's Report. Unless a reading of the minutes, statement of bills, and treasurer's Ft report of a council meeting is requested by a member of the council , such 's minutes, statements, or treasurer's report may be approved without reading if the recorder has previously furnished each member of the council with a copy thereof. Such copies of the minutes, statement or treasurer's report shall also be available to any member of the public upon request. The city recorder shall furnish to each council member the minutes of the previous : i meeting and a reminder of unresolved items which have recently been discussed k - by the council. Section S. Rules of Debate, (a) ADVOCACY BY PRESIDING OFFICER. The presiding officer should refrain from partisan advocacy of an issue from the chair. If he wants to let the council know his views on a particular issue, he should turn the chair over to the. city recorder for the duration of the discussion and action on the issue. (b) . GETTING THE FLOOR. Every member desiring to speak shall address the chair, and upon recognition by the presiding officer, shall ` confine himself to the question under debate, avoiding all personalities. a and indecorous language. (c) INTERRUPTIONS. A member, once recognized, shall not be interrupted when speaking unless it be to call him to order, or as herein 5 otherwise provided'. If a-member, while speaking, be called to order.. he shall cease speaking until the question of order be determined, and, if in � 3 order, he shall be permitted to proceed. (4) PRIVILEGE OF CLOSING DEBATE. The council member moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. (e) MOTION TO RECONSIDER. A motion to reconsider any action taken by the council may be.made only on the day such action was taken. It r . . ti 4 may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion must 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 member has the floora .it shall be debatable. Nothing herein shall be construed to prevent AF r' any member of the council from making or remaking the same or any other motion at a subsequent meeting of the council. (f) SYNOPSIS OF DEBATE - WHEN ENTERED IN MINUTES. The clerk may be directed by the presiding officer, with consent of the council , to enter in the minutes 'a synopsis of the discussion on any question coming regularly before the council. (g) METHOD OF ADDRESS. Every effort should be made to maintain the dignity of the council. The presiding officer should refer to'himself as "The Chair", and the other members of the council should refer to him as "Mr. Mayor" or "Mr. President" as the case may be, when addressing the chair. Members of the council should refer to each other by title; for example, "Councilman - Members should confine their remarks to the question before the council and not engage in personalities. ( Section 6. Silence Constitutes Affirmative Vote. Unless a member of the council states that he is not voting, his silence shall be recorded r as an affirmative vote. Section 7. Recording Machine. A voice recording machine of an approved type shall be available at all council meetings, and complete recordings shall be made of all such meetings. The record thereof shall be retained and stored by the city recorder until such tine as the council on motion and vote shall direct the. disposal thereof, it being'the basic intention to make such recording a permanent- record. Such retention and storage shall be in a safe place and- such recordings shall not be permitted to be taken outside the confines of the City Hall. Copies of all such t recordings shall be available to any member of the public, and any such copies shall be made at the expense of the person requesting same. Section 8. Ordinances, Resolutions, Motions, and Contracts. (a) PREPARATION OF ORDINANCES. All ordinances shall be prepared by the city attorney. No ordinance shall be prepared for ss ordered by a majority vote of the presentation to the council unle council, or requested in writing by the mayor or prepared by the city attorney, with the approval of the mayor, on his own initiative. (b) PRIOR APPROVAL BY ADMINISTRATION. All ordinances, resolutions, and contract documents shall , before presentation to the council , have been approved as to form and legality by the city attorney or -his authorized representative, and shall have been examined and approved' rS� ` for administration by the mayor or his+authorized,representative, where { there are substantive matters of administration involved. (c) READING OF ORDINANCES. Every ordinance shall be read fully and distinctly in open council meetings on two different days before being put upon its final passage, except as hereinafter provided: (1) an t: ordinance may be enacted at a single meeting of the council by the unanimous r- vote of all council members present, upon being read first in full and then by title; (2) any of the readings of an ordinance may be by. title only F� if no council member present requests to have the ordinance read -fin full - and if a copy of the ordinance is provided for each council member and -� three copies are provided for public inspection in the office of .the city � < recorder not later than one week before the first reading of the ordinances, and if notice of their availability is given the public by posting notice thereof or by advertisement. (d) RECORDING OF VOTE. Upon final passage of an ordinance r the ayes and nays of the members shall be recorded. S :G 7 F. i •t. } ` l 1 d 4 3 -33-7 r i Suggested Rules of Procedure i . for a CITY COUNCIL 4 Bonnie E. Davis 0 INSTITUTE -OF GOVERNMENT University o'f North Caroii.na of Chapel Hill o r „a INTRODUCTION f These rules of procedu.-e were designed for use by a municipal council. They incorporate general principles of parliamentary procedure and the applicable laws of North Carolina. Essentially the rules are a modified version of Robert's Rules of Order, Revised (hereinafter referred to as RRO) . RRU are intended to guide the deliberations of a large legislative body; consequently, they are not always appropriate for a small governing board. A small board can afford to do some things that are not practical for a large body, and in some cases the procedure prescribed by RRO Is unnecessarily cumbersome. RRO were modified with these Principles in mind: 1. The council must act as a body. 2. The council should proceed in the most efficient manner possible. 3. The council must act.by at least a majority. 4• Every ritertiiier must have an equal opportunity to participate In decision-making. S. The council's rules of procedure must be followed consistently. 6. The council's actions should be the result of a decision on the merits and not a manipulation of the procedural / rules. Most of these rules are merely suggested procedures, and the council should feel free to change them to suit local needs and customs. For example, these rules eliminate the requirement of a second to a motion if the council has fewer than seven members. The council may or may not adopt that rule.. On the other hand, some of the rules state procedures that are required by law, and the council must follow them, whether or not it adopts these rules. Any reference to the law in these rules is a reference to the general law of North f Carolina particularly G.S. 160A-68'through 160A-81. Note f that C.S. 160A-82 provides that if a city's charter conflicts with any provision in G.S. 160A-6S through G.S. 16OA-81, the charter provision is to be followed. Therefore, a city should examine its charter whenever a comment refers to IV a general law'to be sure that the charter does not conflict _ with the cited general law. ! While these rules occasionally refer to the open-meetings law, G.S. 143-416.1 et seq., there is no specific rule concerning It. This is a deliberate omission because the General Assembly will soon consider legislation that wi 11 expand the coverage of the law and impose a specific notice requirement. Throughout these rules the city governing board is referred to as.the council, in keeping with G.S. Chapter 160A. a { r i 7 'S TABLE OF CONTENTS 1. Regular Meetings / 1 2. Special Meetings / 1 3. Organizational Meeting / 1 4. Agenda / 2 • 5. Public Address to the Counci 1 / 3 6. Order of Business / 3 7. Office of Mayor / 4 8. Office of Mayor Pro Tempore / 5 9.. Presiding Officer When Mayor in Active Debate / 5 ' 10. Action by the Council / 5 3 8 11. Second Not Required / 6 12. One Motion at a Time ; 6 13. Substantive Motion / 6 14. Adoption by Majority Vote / 7 is. Debate / 7 t. 16. Procedural Motions / 7 17. Renewai of Motion / 7 18. Withdrawal of Motion / 12• 19. Duty to Vote / 12 20. Introduction of Ordinances / 13 i 21. Adoption of Ordinances / 13 22. Adoption of the Budget Ordinance / 14 • 23. Executive Sessions / 15 24. Quorum / 15 25. Public Hearings / 15 26. Quorum at Public Hearings / 16 27, Minutes / 16 y , 28. Appointments / 16 29. Reference to Robert's Rules of Order / 17 j 'Y i Y - • t r • j I t I. Regular Meeting y The council shall hold a regular meeting on the [first] _ and [third] [Monday] of each month, except that if a regular meeting is a legal holiday, the meeting shall be held on the next business day. The meeting shall be held at [ ] and shall begin at Comment: G.S. 160A-71 requires the city council either to fix a time and place for regular meetings or to meet at least once a month. Under the general law, a council may fix a regular meeting time that is less frequent than once a month, but many city charters require the council to meet at least monthly. 2. Special Meetings The mayor, the-mayor- proRempore, or any two members of the council may at any time call a special council meeting by signing a written notice stating the time and place of the -meeting and the subjects to be considered. The notice shall be delivered to the mayor and each councilman or left at his usual dwelling place at least six hours before the meeting. Special meetings may be held at any time when the mayor and all members of the council are present and consent thereto or when those not present have signed a written waiver of notice. Only those items of business specified in the notice may be transacted at a special meeting, unless all members are present or have signed a written waiver of notice. - Comment: This is G.S. 160A-71 (b) . ;'he council should take care to comply with any notice requirements of the open-meetings law. See also Rule 22 regarding notice of meetings to consider the budget. 3. Organizational Meeting 3 At the first regular meeting in December following a general election in which council members are elected, the a # newly elected members shall take and subscribe the oath of _ office as the first order of business. As the second order ( of business, the council shall elect a mayor, If he is not elected as such by the voters, and a mayor pro tempore. r Comment: This rule state the requirements of. G.S. 160A-68. The oath of office is the one set foc-th in Article V1, Section 7, of the North Carolina Constitution (see also G.S. 11-6 and G.S. 117) . The statute further provides that the organizational meeting shall take place notwithstanding the absence, death, refusal to serve, failure to qualify, or nonelection of one or t - more members, provided a quorum is present. Who presides at the organizational meeting until_ the new mayor is sworn in is a question best resolved by local custom. In some cities the clerk or city manger presides and in others the retiring mayor presides -until the new mayor is sworn in. �Y 4. Agenda _ The [clerk/chief administrative officer] shall prepare the agenda for the meeting. A request to have an item of business placed on the.agenda must be received at least two working -- . days before the meeting. Any council member may, by a . timely request, have an item placed on the agenda. The agenda shall include, for each item of business placed on it, as much background information on the subject / as is available and feasible to reproduce. A copy of all proposed ordinances shall be attached to the agenda. Each council member shall receive a copy of the agenda, and it shall be available for public inspection and/or distribution when it is distributed to the council members. The councl I may, by majority vote, add an item that Is not on the agenda. Comment: Because of the increased volume and complexity of the matters they must consider, many councils have begun to use an agenda. Some councils use an agenda only to organize the*material they must m consider and to give themselves an opportunity to study the Issues before they meet. These councils generally allow last-minute additions to the agenda by general i� ` - _ � :. 1. •' _ consent. This rule takes that approach. Other councils use their agenda to control the length of their meetings. Often a counclI that uses Its agenda for this purpose will hold an agenda meeting or a work session before the regular meeting to ask questions and thoroughly explore the. proposals that must be voted on at the regular meeting. Generally, these councils take a stricter approach and do not allow late additions to the agenda unless an emergency exists. ` The clerk or chief administrative officer may x, Y find it convenient to maintain a mailing list of interested parties who wish to receive a copy of the agenda regularly. S. Public Address to the Council Any individual or group who wishes to address the council shall make a request to be on the agenda to the [clerk/ chief administrative officer] . However, the council shall determine at the meeting whether it will hear the individual or group. Comment: The council may decide as a matter of general policy to set aside part of each meeting for individuals or groups to address the council. This rule allows any individual or group to get pri the agenda but reserves to the council the right to decide whether there is time to hear its comments. I 6. Order of Business Items shall be placed on the agendaaccording to the Order of Business. The Order of Business for each regular meeting shall be as follows: Approval of the minutes, Discusslon/adjustment of agenda, Public hearing, ;s Administrative reports, • Committee reports Unfinished business, New business, v Informal discussion and public comment. -3 = By.general consent of the council, items may be considered out of order. s eneral Comment: As a courtesy nonorymenbe s,t# those items requiring the participation such as administrative officials, may be considered first. 7• Office of Mayor If the mayor is not elected as such by the voters, the council shall elect one of their members to serve as mayor (for a term certain) (at the council's pleasure] at the first regular meeting in December. The mayor shall preside at all meetings (but shall have n a the right to vote only when there e is a tie] [and may . x The mayor shall preside at all meetings-of the council. In order to address the council, a member must be recognized by .4 the mayor. The mayor shall have the following powers: UR J (a) To rule motion`s in or out of order, including any motion patently offered for obstructive or dilatory purposes; (b) To determine whether a speaker has gone beyond reasonable standards of courtesy in his remarks and to entertain t and rule on objections from other members on this ground; (c) Tb entertain and answer questions of parliamentary lave or procedure; .. (d) To call a brief recess at any time; (e) To adjourn in an emergency. \ Comment: G.S. 160A-69 provides that the mayor shall have the right to vote only in cases of a tie among / council members, blit many city charters give the mayor the right to vote in all cases. If the mayor is elected by the council, he may serve either for a fixed period of time, such as one year, or at the council's pleasure. The city charter often has a provision on this poirit. The procedural powers given to the mayor in' this rule are intended to replace the question of order and appeal in 1Z12O. This 4rule increases the mayor's 34 authority in that his decisions regarding decorum In debate and rules of parliamentary procedure are final % and cannot be appealed to the membership• Also. accoo d'ang k to RRO, a recess can be taken only on a motion and vote by the members. This rule authorizes the mayor i to call a recess when necessary to "clear the air" and thus reduce friction among the members: l g, office of Mayor Pro Tempore 7' At the organizational meeting, the council. shall elect from among its members a mayor pro tempore to serve at the council's pleasure. A councilman who serves as mayor 3 pro tempore shall be entitled to vote on all matters and shall be considered a councilman for all purposes, including the determination of whether a quorum is present. In the mayor's absence, the council may confer on the mayor pro tempore - e any of the mayor's powers and duties. If the mayor should. become physically or mentally unable to perform-the duties r of his office, the council may by unanimous vote the that E he is incapacitated and confer any of his powers and duties mayor declares that on the mayor pro tempore. When the he is no Jonger incapacitated and a majority of the council concurs, he shall resume the exercise of his powers and duties. Comment: This is G.S. 160A-70, paraphrased. 4 9, Presiding officer When the Mayor Is in Active Debate The mayor shall preside at meetings of the council unless he becomes ac engager! In debate on pa a rticular proposal, in which case he may designate another council member to preside over the debate. The mayor shall resume the duty to preside as soon as action on the matter is concluded. / Comment: Good leadership depends, to a certain extent, on not taking sides during a debate. on a small board this may not always be feasible or desirable; yet an unfair advantage accrues to the side whose advocate controls access to the floor. This rule is designed to ensure even-handed treatment to both sides during a heated debate. ordinarily the mayor should ask the mayor pro tempore to preside in this situation, but if he is also engaged In the debate, the mayor should feel free to call on someone else in order to achieve the purpose of this rule. 10. Action the Counci I The council shall proceed by motion. Any member may make a motion. -ti - ' Comment: Traditionally, if the mayor wishes to have a motion made, instead of making it himself, he states, "The Chair will entertain a motion that . ." This custom is sound if the mayor may vote only in a tie; if the mayor may vote In all cases, he may make a motion as any other member would. :f 4 11. Second Not Required. A motion shalt not require a second. �R x - Comment: The philosophy underlying the requirement of a second is that if a proposal is not supported by at least two members, it is not worth the time necessary- '• to consider it. This concept Is not applicable to small boards on 'Which consideration of a proposal that initially has the support of only one member would not seriously impair efficient use of the board's time. If the council has seven or more members, the requirement of a second ;F may be desirable. 12. One Motion at a Time A-member may make only one motion at a time. Comment: None. 13. -Substantive Motion / A substantive motion is out of order while another substantive motion is pending. Comment: This rule sets forth the basic principle of parliamentary procedure that distinct issues will be considered and dealt with one at a time, and a new proposal may not be put forth until action on the preceding one has been concluded. RAO does not refer to substantive-motions as such; instead it.uses such adjectives as "main" or "principal." The words "substantive motion" are used here to underscores the distinction between it and the various procedural motions listed in Rule 16. Basically, a substantive motion is any motion other than tie procedural motions t; _ listed in Rule 16. The possible subject matter of a substantive motion Is coextensive with the council's legal powers, duties, and responsibilities. Indeed, since Rule 10 provides that the council shall proceed by motion, the substantive motion is the only way the council can act. The procedural motions detailed In the succeeding rules set forth the various options the council has in disposing of substantive motions. 14. Adoption Ma orlt Vote A motion shall be adopted by a majority of the votes cast, a quorum being present, unless otherwise requ;red by these rules or the laws of North Carolina. x Comment: See Rule 21 concerning the number of votes necessary to adopt an ordinance. 15. Debate k The mayor shall state the motion and then open the floor to debate on it. The mayor shall preside over the debate according to the following general principles: i' (a) The Introducer (the member who makes the motion) Is i. entitled to speak first; (b) A member who has not spoken on the issue shall be recognized before someone who has already spoken; (c) To the extent possible, the debate shall alternate between jopponents and proponents of the measure. Comment: None. a 16. Procedural Motions Y In addition to substantive proposals, the following procedural motions, and no others, shall be in order. Unless otherwise noted, each motion is debatable, may be amended, and requires s a majority vote for adoption. . Comment: This rule is a substantial departure from RR®. Each procedural motion in RRO was reviewed to determine whether it was appropriate for use by a small board; substantial modifications and deletions were the result. The following enumeration of procedural .41 - motions is exhaustive; if a procedural option Is not �. on the list, then it is not available. 4 In order of priority (if applicable) , the procedural motions are: y Comment: While a substantive motion is out of order if another substantive motion is pending, under both RRO and these rules, several procedural motions ' can be entertained in succession without necessarily disposing of the immediately pending one. The order of priority establishes which procedural motion yields to which--that is, what procedural motion may be made and considered while another one is pending. (1) To Adjourn. The motion may be made only at the conclusion of action on a pending matter; it may not interrupt deliberation of a pending matter. Comment: This motion differs from the RRO motion In several respects. According to RRO, it is not debatable or amendable and can be made at any time, thus interrupting substantive deliberations. Since the number of members-is small and procedures . are available to limit debate, this rule allows debate on amendment of the motion to adjourn but allows the motion to adjourn only when action on a pending matter concludes. If the council wants to adjourn before completing final action on a matter, it may use a motion to defer consideration or to postpone to a certain time or day. (2) To Take a Recess. Comment: RRO does not allow debate on this motion, but since the number of members is small and procedures are available to limit debate, this rule allows debate. As in RRO, the motion is in order at any time. Under these rules, the mayor also has the power to call a brief recess. (3) Call to Follow the An eq nda_. The motion must be made at the orf �t reasonable opportunity or it is waived. • Comment: This motion is patterned on the call for the orders of the day in RRO. It differs In that it may be debated; also, unless the motion is made at the time an Item of business that deviates from the agenda is proposed, the right to insist on following the agenda is waived for that item. s' (4) To Suspend the Rules. The motion requires a vote equal to the number requ7red for a quorum. t Comment: This motion is the same as RRO's y motion to suspend the rules except that it is debatable t and amendable and the number of necessary votes Is a quorum rather than two thirds. Thir means that if a ' board has five members, three member- (the• number required for a quorum) must vote for the motion; if only + three members are present at a particular meeting all three must vote for the motion in order to adopt it. It is in order when the council wishes to do something that it may legally do but cannot accomplish without violating its own rules. The procedure will pose some problems on a' k three-member council, because the rule can be manipulated so as to prevent one member from participating in the council's deliberations. Frequent use of the motion to prevent one member from presenting his proposals to the council or from speaking on an issue before the council is of doubtful legality. A three-member council may decide to require a unanimous vote. C (5) To Divide a Complex Motion and Consider It § Paragraph. t Comment: This motion is identical to the notion of the same name in RRO except that it is debatable. E (6) To Defer Consideration. A substantive motion whose cons ideratlon has been de erre expires .100 days thereafter unless a motion to revive consideration is adopted. Comment:- .This motion replaces the motion to � lay on the table in RRO and was renamed in order to avoid confusion. It allows the council temporarily to defer consideration of a proposal. It c(jffers from the RRO motion in that It may be debated and amended. ' It also differs from RRO's provision In that a motion.. Q1. that has.been deferred dies If it is not taken up by the F council (via a motion to revive consideration) within [100) days of the vote to defer consideration, whereas E in RRO a motion that has been laid on the table dies at t . s J r 10 the and of the session in which it was introduced. - One hundred days is merely a suggested period of time. a (7) Call of the Previous Question. The motion is not in order until therms have been at least 20]minutes of debate and every member has had an opportunity to speak once. 4 Comment: This motion differs from the motion of the same name in RRO. The RRO motion is always in order, is not debatable or amendable, and requires a two-thirds s vats for adoption. Thus it may be used to compel an s immediate vote on a proposal without any debate on the issue. Such a device may be necessary to preserve efficiency in a large assembly. However, with a small j board, a minimum period of debate on every proposal t that comes before it strikes a better balance between € efficiency and effective representation by all council members. Since every member will have an opportunity to speak, the debate may be ended by a majority vote. i (8) To Postpone to a Certain Time or Dater. Comment: This motion allows the council to defer consideration to a specified time or day and is appropriate when more information is needed or ` the deliberations are likely to be.iengthy. r` (4) To Refer.to a Committee. [Sixty) days after a mo- € tion has been referred to a committee, the introducer may com- pel consideration of the measure by the entire council, whether or not the committee has reported the matter to the council. ' Comment: This motion is the same as the motion of the same-name in RRO except that the right of the introducer to compel consideration by the full council after a specified period of time prevents using theerrin motion as a mechanism to defeat a prop Y it to a committee that is willing to sit on it. If the councc il r does not use committees, this motion is unnecessary. f r (10) To Amend. An amendment to a motion must be y pertinent to the subject matter of the motion, but it may achieve the opposite of the intent of the motion. A motionbut may o further a mndment be amendarray be made, and tht amendment ay be amended, . i Any amendment to a proposed ordinance shall be reduced {... - to writing on the call of any member or the mayor. Comment: This motion is the same as the motion to amend In RRO except for the additional requirement for amendments to proposed ordinances. (11) To Revive Consideration. The motion is In order any time within 1001 days after the day of a vote to defer .. consideration. A substantive motion on which consideration has been deferred expires [1001 days after the deferral unless a motion to revive consideration is adopted. x t Comment: This motion replaces the motion to take up from the table In RRO and was renamed in order to avoid confusion. This motion may be debated and amended, whereas the motion in RRO may not. If the motion to revive consideration is not successful within [1001 days of the date on which consideration was defrerred, x. -the substantive motion expires. Its subject matter t may be brought forward again by a new motion. (12) To Reconsider: This motion rnust be made by a member who voted with the prevailing side, and only at the meeting during which the original vote was taken. The motion 4 cannot interrupt deliberation on a pending matter but is In order at any time before actual adjournment. Comment: According to RRO, the motion may be made at the same meeting as the vote or on the next legal day and may interrupt deliberation ori another matter. To avoid placing a measure in limbo, these • rules restrict'the availability of the motion to the same meeting as the original vote. (13) To Rescind or.Repeal. Comment: This motion is in order only for those measures adopted by the council that may legally be repealed or rescinded; it is not intended to suggest that the council may unilaterally rescind a binding contract. r (14) To Ratify. ` Comment: This motion appears in RRO on the principle that an assembly may subsequently ratify f • t - F K i.. s " 12 3 that which it could have authorized. To the extent 3 - that the council may legally do so, the option is retained �i by these rules. f 1 Sj To Prevent Reconsideration for [Six] Months. 4141 The motion shall be in order immediately following the defeat of a substantive motion and at no other time. The motion requires 41 a vote equal to the number required for a quorum for adoption and is valid for six months or until the next regular election of counclI members, whichever occurs first. r Comment: This is a clincher motion to prevent the same motion from being continually introduced when the subject has been thoroughly considered. There Is no comparable motion in RRO, although the objection to consideration of a question accomplishes much the same purpose. Because this motion curtails a member's right to bring a matter before the council, a vote equal to a quorum is required. As with every other motion, a clincher motion may be, in effect, dissolved by a motion to suspend the rules. The motion is not effective beyond the next regular election In order to give a new council a clean slate. 17.- Renewal of Motion A motion that is defeated may be renewed at any later meeting unless a motion to prevent reconsideration has been adopted. Comment: None. 18. Withdrawal of Motion A motion may be withdrawn by the introducer at any time before a vote. Comment: RRO provides that once a motion has been stated by the chair for debate,-it cannot be withdrawn without the assembly's consent. Such a procedure is unnecessary,. for a small board. 19. ®uty to Vote Every member must vote unless excused by the remaining members according to lave. A member who wishes to be excused . t 1 r - 13 from voting shall so inform the mayor, who shall take a vote of the remaining members. No member shall be excused from voting except upon matters involving the consideration of his own financial interest or official conduct. In all other cases, a failure to vote by a member who is physically present in the council chamber, or who has withdrawn without being excused b a ma'orit vote of the remaining members r Y -majority g present, shall be recorded as an affirmative vote. Comment: This is G.S. 160A-75. 20,. Introduction of Ordinances Option A. A proposed ordinance shall be deemed to be introduced at the first meeting for which it is placed on the agenda regardless of whether it is actually considered by the council if it is prominently identified in the agenda through the use of asterisks, underlining, or other similar printing devices. Option B. A proposed ordinance shall be deemed to be introduced at the first meeting at which it is actually consid- ered by the council. Comment: G.S. 160A-75 provides that an ordinance may not be finally adopted at the meeting at which it is introduced except by a two-thirds vote. No court to date has determined what constitutes "introduction." Option A defines introduction as notice sufficient to / allow each member to consider the proposed measure, while Option B requires the members to consider the proposal as a group. 1 21. Adoption of Ordinances An affirmative vote equal to a majority of all the members of the council not excused from voting on the question in issue (including the mayor's vote in case of an equal division) shall be required to adopt an ordinance or to take any action ! that has the effect of an ordinance. In addition, np'ordinance ► f or action that has the effect of an ordinance may be finally adopted on the date .,n which it is introduced except by an affirmative � vo:e equal to or greater than two-thirds of all the members of the council [including the mayor]y ] [except the mayor] . F 1 { - - t 6 i ' 14 Comment: This is G.S. 160A-75 paraphrased; - whether the mayor is included among the members a for determining two-thirds of the council depends on s, whether the charter gives him the right to vote on all 'r matters. See also G.S. 160A-76 for requirements for franchises. A s 22. Adoption of Lhe Budget Ordinance .( Notwithstanding the provisions of any city charter, general law, or local act: (1) Any action with respect to the adoption or amendment 5Y of the budget ordinance may be taken at any regular or special meeting of the governing board _ by a simple majority of those present and voting, a quorum being present; (2) No action taken with respect to the adoption or amendment of the budget ordinance need be published or is subject,to any other procedural requirement governing the adoption of ordinances or resolutions by the governing board; (3) The adoption and amendment of the budget ordinance and the levy of taxes in the budget ordinance are not subject to the provisions of any city charter or local act concerning initiative or referendum. ( During the period beginning with the submission of the budget to the governing board and ending with the adoption of the budget ordinance, the governing board may hold any special f meetings that may be necessary to complete its work on the / budget ordinance. Any provisions of law concerning the call of special meetings do not apply during that period so long as, (i) each member of the board has actuals notice of each special meeting called for the purpose of considering the budget, and (ii) no business other than consideration of the budget is taken up. This section does not allow the holding o:closed meetings or executive sessions by any governing board otherwise prohibited by law from holding such a meeting or session, and may-not be construed to do so. 4 Comments This rule is G.S. 159-17. It also _ provides that no general law, city charter, or local act that is enacted oP'takes effect after July 1, 1973, may be construed to modify, amend, or repeal any portion of this law unless it expressly so provides by specific reference to it. .i .. 15 R 23. Executive Sessions ,- The council may hold executive sessions as provided `. by law. The council shall commence an executive session by a majority vote to do so and terminate it in the same manner. Comment: No attempt is made here to set forth the particulars of compliance with the open-meetings law, G.S. 143-318 et seq. ` Minutes should be kept of all executive sessions. i If the council takes no action in executive session, • the minutes should simply state that the meeting was held and a particular topic was discussed. 24. Quorum A majority of the actual membership of the council, excluding vacant seats, shall constitute a quorum. A member who has withdrawn from a meeting without being excused by majority vote of the remaining members present shall be counted as present for purposes of determining whether a quorum is present. Comment: This is G.S. 160A-74. 25. Public Hearinq / Public hearings required by law or deemed advisable by the council shall be organized by a special order, adopted by a majority vote, that sets forth the subject, date, place, and time of the hearing as well as any rules regarding the length of time of each speaker, etc. At the appointed time, the mayor or hfs designee shall call the hearing to order and then preside over it. When the allotted time expires or when no .one wishes to speak who has not done so, the presiding officer shall declare the hearing ended. 4 Comment: G.S. 160A-81 provides that public hearings may be held at any place within the city or • 1 county in which the city Is located. -it also gives the council the authority to adopt rules governing the conduct of the hearing. f A 96 26, QuOrumu _at Pblic Iieari s A quorum of the council shall be required at all public hearings required by state law. Comment: G.S. 160A-81 implies that a quorum i of council members is necessary for a public hearing by providing that a hearing shall. be deferred to the next regular meeting if a quorum is not present at the originally scheduled time. However, if the council decided to hold a public hearing that was not required by state law to gather a consensus of public opinion on an issue, it could hold the hearing at several sites, with a few members in attendance at each place. F tf 1 27. Minutes Full and accurate minutes of the council proceedings shall be kept and shall be open to the inspection of the public. f The results of each vote shall be recorded in the minutes, s and on the request of any member of the council, the ayes s and noes upon any question shall be taken. Comment: This is G.S. 160A-72. i } s 28, Appointments The counci I shal I use the following procedure to make appointments to various subordinate boards and offices: The mayor shall open the floor to nominations, whereupon the names of possible appointees shall be put forward by the members and debated. When the debate ends, the mayor shat! cal! the roit of the members and each member shall cast I not be tallied antil each member his vote. The votes shal has voted. O tion A. The nominees) receiving the highest number of votes sha be appointed. s option 1 . The voting shall continue until one nominee receives a majority of the votes cast, whereupon he shall be-appointed. [ t • F p . t s 7 t i c. J p E - 17 O tion A. If more than one appointee is to be selected, _ then each mem er shill have as many votes as there are slots to be filled. A member must cast all of his votes and cast them for different nominees. Option R. If more than one appointee is to be selected, then each member shall have as many votes as there are slots to be filled. A member may cast all his votes or less than all of them. • Comment: The options presented above detail the various methods that may be used to make appointments. Several councils use an appointment committee. The committee receives nominations from other council members, reviews the nominees' qualification, and ' reports their recommendations to the full council. 29. Reference to Robert's Rules of Order To the extent not provided for in these rules, and the extent it does not conflict with the spirit of these rules, the council shall refer to Robert's Rules of Order, Revised, for unresolved procedural questions. Comment: RRO was designed to govern a large legislative assembly, and many of its provisions may be inappropriate for small boards. Nevertheless it is the best source of parliamentary procedure; care should simply be taken to adjust RRO to meet the needs R of small governing boards. s I � f. lY" THE INSTITUTE OF GOVERNMENT, an integral part of the University of North Carolina at Chapel Hill, is devoted to research, teaching, and consultation in state and local government. t ' Since 19131 the Institute has conducted schools and short courses for city, county, and state officials. Through guidebooks, special bulletins, and a magazine, the research findings of the Institute are made available to other officials throughout the state. The Legislative Service of the Institute records daily the activities of the General assembly, while it is in session, both for members of the legislature and for other state and local officials who need to follow the course of legislative events. l Over the years the Institute has served as the research agency for numerous study commissions of the state and local governments. Rex" �ca o U or THE SCOTT, FORESMAN ROBERT'S RULES@@there is no law,but every man OF ORDER @)@)@ CJ does what is right in his own eyes,there is NEWLY REVISED the least of real liberty. -RENRY K.ROBERT GENERAL HENRY M.ROBERT U.S.Army a New and Enlarged Edition by SARAH CORBIN ROBERT Inclusive of Robert's Rules of Order with the assistance of and Robert's Rules of Order Revised HENRY M.ROBERT III Three Million Four Hundred Thousand WILLIAM J.EVANS Copies in Print i JAMES W.CLEARY 1. SCOTT,FORESMAN AND COMPANY 4 RULES OF ORDER � §I. §I. THE DELIBERATIVE ASSEMBLY 5 absentees, or of some other group within the assembly's plied will depend somewhat on conditions, but such a membership. group is usually to be understood as consisting of not When a decision is to be based on more than a majority, more than about a dozen persons.The distinguishing char- the requirements most commonly specified,depending on acteristics of boards and committees are discussed in 48 the case,are:(1) a two-thirds vote—that is,the expressed and 49. approval of at least two thirds of those present and voting; The remainder of this section contains a brief intro- (2)previous notice,which means that notice of the proposal ductory explanation of the nature of the four principal to be brought up—at least briefly describing its substance— types of deliberative assembly as listed above. must be announced at the preceding meeting,or must be in- THE MASS MEETING. The mass meeting is the simplest eluded in the"call"of the meeting at which it is to be con- form of assembly in principle,although not the one most sidered(see also pp.100-102);or(3)both(1)and(2).The frequently encountered. A mass meeting is a meeting of call of a meeting is a written notice of its time and place, an unorganized group which is announced as open to every- which is mailed or distributed to all members of the organi- one (or everyone within a specified sector of the popula- zation a reasonable time in advance.Other bases for deci- tion)interested in a particular problem or purpose defined sion which find use in certain cases are defined in 43. by the meeting's sponsors,and which is called with a view to appropriate,action to be decided on and taken by the Types of Deliberative Assembly meeting body. A series of connected meetings making up The deliberative assembly may exist in many forms. a session may be held on such a basis.The class of persons Among the principal types which it is convenient to dis- invited might be,for example,supporters of a given politi- tinguish for the purposes of parliamentary law are: (1) cal party,homeowners residing within a certain city,per- the mnss meeting; (2) the assembly of an organized so- sons opposed to a tax increase,or any similar group.Ad- ciety, particularly when meeting at the local or lowest mittance may be limited to the invited category if desired. subdivisional level; (3) the convention;and (4) the legis- Everyone who attends a mass meeting has the right to par- lative body. ticipate in the proceedings as a member of the assembly, Boards of any size are also regarded as a form of as- upon the understanding that he is in general sympathy with sembly. Committees, on the other hand, are bodies that the announced object of the meeting. are subordinate instruments of an assembly, or are ac- It should be noted that a large attendance is not an countable to a higher authority in some other way not essential feature of the mass meeting, although it may characteristic of an assembly.Boards and committees have usually be desired. A series of meetings held for the no minimum size and are often—but not necessarily—very purpose of organizing a society are in the nature of small.A large committee generally follows parliamentary mass meetings until the society has been formed. procedure much as an assembly.Most parliamentary rules Mass meetings are particularly treated in 52. apply in small boards or committees—with certain modi- THE LOCAL ASSEMBLY OF AN ORGANIZED soeicTY. The as- fications permitting greater flexibility and informality. sembly at the meetings of an organized permanent so- i Whenever it is stated in this book that a particular rule ciety existing as a local club or local branch is the type applies to "small boards and committees," the size im- of assembly with which the average person is most likely t b RULES or ORDER r3I• §2 RULES OF AN ASSEMBLY 7 to have direct experience.As the highest authority within in some other way entitled to such membership, which such a society or branch (subject only to the provisions must be certified and reported to the convention by its of the bylaws or other basic document establishing the Credentials Committee. organization), this body acts for the total membership in The conclusion of the convention session normally dis- the transaction of its business. Such an assembly's mem- solves the assembly. In the case of a state or national bership is limited to persons who are recorded on the society,when another convention convenes a year or two rolls of the society as voting members in good standing. later, it is a new assembly. The bylaws of an organized local society (see 2) usually Conventions are particularly treated in 37,58,and 59. provide that it shall hold regular meetings at stated in- THE LEGISLATIVE BODY. The term legislative body refers tervals—such as weekly, monthly, quarterly, or some- to a constitutionally established public Iaw-making body, times even annually—and also establish a procedure for of representatives chosen by the electorate for a fixed calling special meetings as needed (9). Each of these term of office—such as Congress or a state legislature. meetings in such an organization normally is a separate Such a body typically (though not always) consists of i session (8). two assemblies or "houses"; and its sessions may last THE CONVENTION. A convention is an assembly of dele- for months,during which it meets daily and its members gates (other than a permanently established public law- are paid to devote their full time to its work and can be e making body) chosen, normally for one session only, as legally compelled to attend its meetings. representatives of constituent units or subdivisions of a Each state or national legislative assembly generally much larger body of people in whose name the cunven- has its own well-developed body of rules,interpretations, tion sits and acts. and precedents, so that th<_ exact procedure for a par- The most common type of convention is that of an titular legislative house can be found only in its own organized state or national society—held, for example, Manual. n annually or biennially—in which the delegalL.• are si- In this connection, however, it should be noted that lected by, and from among the members of, c..ch local certain smaller public bodies may serve a law-making branch. A convention is sometimes also called for the function yet not assume the character of a full-scale purpose of forming an association or federation; or, like legislative assembly,and instead may somewhat resemble t a mass meeting, it may be convened to draw interested a board or the assembly of a society.An example of such parties or representatives of interested organizations to- a body might be a city council or a village board which gether in acting upon a common problem. The ordinary meets weekly or monthly and whose members continue convention seldom lasts longer than a week. In principle, their own full-time occupations during their term of service. however, there is no limit on the length of the conven- tion session. A constitutional convention, for example— convoked to draft a proposed new state constitution— g 2.RULES OF AN ASSEMELY OR ORGANIZATION may continue for weeks or months. The voting membership of a convention consists of per- An organi_ed society requires certain rules to establish sons who hold proper credentials as delegates or as persons its basic structure and manner of operation. In addition, l2 RULES Or ORDER 62. §2. RULES Or AN ASSEMBLY 13 to each subject under one heading within a single instru- and to provide a firm basis for resolving questions -f ment—which results in fewer pioblems of duplication or procedure that may arise. inconsistency,and gives a more understandable and work- In contrast to bylaws,rules of order derive their proper able bodv of rules. substance largely from the general nature of the parlia- Except for the corporate charter in an incorporated so- mentary process rather than from the circumstances of ciety, the bylaws the single, combination-type in- a particular assembly. Consequently, although the tone strument is called in this book) comprise the highest of application of rules of order may vary, there is little body of rules in societies as normally established today. reason why most of these rules themselves should not Such an instrument supersedes all other rules of the so- be the same in all ordinary societies and should not ciety, except the corporate charter, if there is one. In closely correspond to the common parliamentary law.The organizations that have both a constitution and bylaws usual method by which an ordinary society now provides as eparate documents. however, the constitution is the itself with suitable rules of order is therefore to include higher of the two bodies of rules and supersedes the ,n its bylaws a provision prescribing that the current edition bvlaww•; of a specified and generally accepted manual of parliamen- The vvlawwe:, by their nature, necessarily contain what- tare law shall be the organization's parliamentary authority, Ever imitations are placed on the powers of the assembly and then to adopt only sur ii pccial rales of order as it finds of a ,.clow ithat :s. the members attending a particular needed to supplement or modify rules contained in that one Fit its meetings)with respect to the society as a whole. manual.In a mass meeting or a meeting of a body not yet Similarly. the provisions of the bylaws have direct bear- organized, adoption of a parliamentary authority (or fin- ing on the rights of members .within the organization— dividual rules of order) nwav take place at the beginning of .whether present or absent from the assembly. It is a good the meeting. Special rules of order supersede any rules in policy for every member on joining the society to be giver, the parliamentary authority with which they may conflict. a copy of the bylaws,printed together with the corporate The average society that has adopted a suitable parliamen- charter, if there is one, and any special rules of order or tare authority seldom needs special rules of order,however, standing rules that the society may have adopted as ex- .with the exception—in certain cases—of a rule establishing plained below.A member should become familiar with the the society's own order of business (see p. 20),and a rule contents of these rules if he looks toward full participation relating to the length or number of speeches permitted each in the society's affairs. member in debate. These rules are usually adopted in the form of resolutions (pp. 27 and 87), but when they are Rules of Order printed the enacting words("Resolved,That")are dropped. The term rules of order refers to written rules of When a society or an assembly has adopted a particu- parliamentary procedure formally adopted by an assem- lar parliamentary manual—such as this book—as its au- bly or an organization. Such rules relate to the orderly thority, the rules contained in that manual are binding transaction of business in meetings and to the duties of upon it in all cases where they are not inconsistent with officers in that connection. The object of rules of order the bylaws or any special rules of order of the body,or any is to facilitate the smooth functioning of the assembly provisions of local, state, or national law applying to the 14 RULES Or ORDER S2. 42• RULES Or AN ASSEMBLY 25 particular type of organization.What another manual may jority of the entire membership of the organization) is re- have to sav in conflict with the adopted parliamentary au- quired. After the bylaws of a society have been initially thority then has no bearing on the case.In matters on which adopted when the organization is formed,the adoption or an organization's adopted parliamentary authority is silent, amendment of special rules of order placed within the by- laws is subject to the procedure for amending the byla:vs. provisions found in other works on parliamentary law may be persuasive—that is,they may carry weight in the absence (See 56.) of overriding reasons for following a different course,but they are not binding on the body. Standing Rules Standin rents,as understood in this book except in the Although it is unwise for an assembly or a society to case of conventions, are rules (1) which are related the attempt to function without formally adopted rules of details of the administration of a society rather than to order, a recognized parliamentary manual may be cited under such conditions as persuasive.Or,by being followed parliamentary procedure,and (2)which can be adopted or through long-established custom in an organization,a par- changed upon the same conditions as any ordinary act of titular manual may acquire a status within the body sim- the society. An example of such a rule might be one set- ilar to that of an adopted parliamentary authority. ting the hour at.which meetings are to begin,or one relat- Any special rules of order should be adopted separately ing to the maintenance of a guest register.Standing rules from the bylaws and should be printed in the same booklet generally arc not adopted at the time a society is organ - with, but under a heading separate from, the bylaws. zed, but individually if and .when the need arises. Like Although rules in the nature of special rules of order are -pecial rules of order,standing rules may be printed under sometimes placed within the bylaws—as occurs most fre- a separate heading in the booklet containing the bylaws, quently in the case of a society's prescribing its own order ind in such a case,any enacting.words such as"Resolved, of business—such an arrangement is less desirable,since it That"should be dropped. A standing rule can be adopted may lead to cases of uncertainty as to whethc. :particular br a majority vote at any buc.iness meeting without previous rule can be suspended. notice. Although such a rule remains in effect until re- Rules of order—whether contained in the parliamentary scinded or amended, it clod not bind future sessions if a authority or adopted as special rules of order—can be sus- majority desires to suspenwl it temporarily for the duration pended by a two-thirds vote as explained i-i 25 (except in of a particular session.(Fur the requirements for rescinding the case of a rule protecting a minority of less than one or amending such a rule,see 34.) third of those voting). Rules clearly identifiable as in the Standing rule• in conventions differ from ordinary standing rules in some respects, as explained in 58.Some nature of rules of order that are placed within the bylaws assemblies, particularly legislative bodies, also apply the can also be suspended by a two-thirds vote;but,except for name stnnrfi+tc rules to their rules of order.Whatever names such rules and for clauses that provide for their own sus- an assembly ma apply to its various rules, the vote re- pension,as stated above,bylaws cannot be suspended, y �pp For the adoption or amendment of special rules of order quired to adopt, amend, or suspend a particular rule is that are separate from the bylaws,previous notice(p.100) determined by the nature of its content according to the and a two-thirds vote(or,without notice,a vote of a ma- definitions given above. J. §3, BASIC rnocEDUREs 17 CHAPTER II the largest number that can be depended on to attend any l meeting except in very bad weather or other extremely un- The Conduct of Business in a favorable conditions. In the absence of such a provision Deliberative Assembly in a society or assembly whose real membership can be accurately determined at any time—that is,in a body hav- ing an enrolled membership composed only of persons who maintain their Status as members in a prescribed manner—the quorum is a majority of the entire member- ship, by the common parliamentary law. In the meetings of a convention,unless the bylaws of the organization pro- vide otherwise, the quorum is a majority of the delegates who have been registered at the convention as in attend- ance,irrespective of whether some may have departed.In a §3. BASIC PROVISIONS AND PROCEDURES mass meeting,or in a regular or properly called meeting of an organization whose bylaws do not prescribe a quorum and whose membership is loosely determined (as, for ex- The basic parliamentary concepts and practices are utter- ample, in many church congregations or alumni associa- connected in such a way that a complete statement of the tions)there is no minimum number of members who must rules that relate to any one of them frequently involves be present for the valid transaction of business,or—as it is reference to several other concepts.This section contains usually expressed—the quorum consists of inose who attend an initial explanation of a number of these topics which the meeting. (The rules relating to the quorum are more are given a more detailed treatment later in this book. fully stated in 39.) Minimum Composition of a Deliberative Assembly MINIMUM OFFICERS.The minimum essential officers for the conduct of business in a deliberative assembly are a presid- QUO of MEMBERS.The minimum number of members ing officer, who conducts the meeting and sees that the who muustst be present at the meetings of a deliberative as- rules are observed,and a secretary,or clerk.,who makes a sembly for business to be legally transacted is the quorum written record of what is done—usually called "the min- of the assembly.The requirement of a quorum is a protec- utes."If the officers are members of the assembly—as they tion against totally unrepresentative action in the name of usually are in ordinary societies—they are counted in deter- the body by an unduly small number of persons.In both mining whether a quorum is present. houses of Congress,the quorum is a majority of the mem- The presiding officer should be placed so that even when bers,by the United States Constitution.Such a quorum is seated he can see the entire hall,and that all present can see appropriate in legislative bodies but too large in most vol- him.The presiding officer's official place or station(usually untary societies.In an ordinary society,therefore,a provi- in the center of the platform or stage,if there is one) is sion of the bylaws should specify the number of members called"the chair."During meetings,whoever is presiding is that shall constitute a quorum,which should approximate said to be"in the chair"(whether standing or seated at the I 18 RULES Or ORDER 53. 53. BASIC PROCEDURES lY time),and he is also referred to as"the chair."The phrase a president who is about to go out of office.) With nearly; "the chair"thus applies both to the person presiding and to the same strictness of observance, he should not be ad his station in the hall from which he presides. The secre- dressed by the personal pronoun "you"—although occa- tary's desk should be placed so that papers can easily be sional exceptions may occur in ordinary societies if brief passed to him from the chair during the meeting. administrative consultation takes place during a meeting., The duties of the presiding officer, the secretary, and As a general rule,when additional reference to the presiding; other officers that an assembly or society may have are de- officer is necessary in connection with addressing him by. scribed in 46. his official title,members speak of him as"the chair'—as in, "Mr.President,do I understand the chair to state...?" Pattern of Formality Members address only the chair,or address each other Customs of formality that are followed by the presiding through the chair.In the parliamentary transaction of busi-, officer and members under parliamentary procedure serve ness—within a latitude appropriate to the conditions of the; to maintain the chair's necessary position of impartiality particular body—they generally should try to avoid men- and help to preserve an objective and impersonal approach, tioning a member's name whenever the person involved can especially when serious divisions of opinion arise. be described in some other way,as in,"Mr.President,may CUSTOMS OBSERVED BY MEs<BERs. The president or chief I ask the member to explain...;' or, "Mir. Chairman, I- officer of an organized society,who normally presides at its hope that the gentleman .who last spoke will think of the'. meetings,is then addressed as"Mr.President"(or"Madam probable consequences......With a very limited number of President,":whether a married or unmarried woman),"Mr. particular exceptions,and except in small boards and com- Moderator,"or by whatever may be his official title.In the mittees,a member never speaks while seated; and with a a lower House of a legislative body he is usually"Mr.Speak- slightly larger number of exceptions, a member does not er."A vice-president is addressed as"Mr.President"while speak(unless in a small board or a committee)without first actually presiding. (A possible exception IT.ay arise where having risen,addressed the chair,and obtained the floor as the usual form would make the meaning unclear—for ex- described on page 23. ample, when the vice-president is in the Chair while the CUSTOMS OBSERVED By THE PRESIDING OFFICER.The presid- s; president is also on the platform.In such an instance,the ing officer speaks of himself only in the third person—that Vice-president should be addressed as"Mr.Vice-President," is,he never uses the personal pronoun"I."In actual parlia- . or"Mr.Chairman.")A person presiding at a meeting who mentary proceedings he always refers to himself as"the has no regular title or whose position is only temporary is char'—as in, "The chair rules that...:.At other times addressed as "Mr. for "Madam") Chairman." Even in a during meetings—such as when he makes a report to the l small meeting,the presiding officer of an assembly should members in the capacity of an administrative officer of the not be addressed or referred to by name.(The only excep- organization rather than as presiding officer of the assem- £� tions that might arise in an assembly'would be in cases of bly—he may,if he wishes,describe himself by his official a; a testimonial nature,such as in the presentation of a gift to title,as in,"Your President is pleased to report. 'Strictly •As distinpulshed from a smalleemmntee,.vh=«.em.rda:,u.,n or speaking,the chair does not mention a member's name and th,s Foie may be app,opeW-.d.pending en the condiHen.. does not address an individual member as"you,"except in :r:. 21 §3 BASIC 1•AOCEDURES §3. RULES OF ORDER ex explained in 4ee has come to be 20 540) of business(which is fully P p procedures(see p• regarded as usual or standard for one-meeting sessions of The chair must ask the ordinary societies: connection Is av say,certain pending 1) Reading and Approval of Minutes Instead he TV - say, and Standing (that is, practice in an ordinary lay assembly,how- 2) Reports of OKicers, Boards, member t.confine his remarks d the merits oft e P permanently established)Committees question:' In P nin the such as when ass SS S 3) Reports of Special (Select or Ad Hoc) Committees ever,there area number of occasions where the chair often (that is,committees appointed to exist only until they refers to members by name, /loon(that is,the exclusive right to n heathe'embers time, of a have completed a specified task) explained On p•23),Or when announcing4) Special Orders(that is,matters which havWh chlisuexY committee. Tete explanations of the gene forms been assigned a type of special priority (For more comp plained in 14 and 40) observed by the presiding officer and members in an asscm 5) Unfinished Business and General Orders(that is,mat- bly,see 41 and 42.) ters previously introduced which have come over from the preceding meeting) GSI to Order;Order of Business has arrived, the presiding 6) New Business(that is,matters in in the present itihcn the time of a meeting meeting) officer opens it,after he has determined that a., Is v tolling tltc nlcctIns to order.He take the hall), In a meeting where an established order of business is being present,b• residing officer's nation followed,the chair calls for the different classes of business (that is,occupies the pannounces in in the prescribed order. f business, any waits or signals for quiet,and while standing, "The "The meeting will come to order;' or, If the assembly has no binding order`n introduce any a clear voice• procedure to be followed member who obtains the Floor(see p.23) meeting will be in order."(For the P ear,see p•295.)The legitimate matter he desires (within the objects Of the or- when a quorum Of members do not app religious or ganization as defined in its bylaws) at any time when no tail to order may be immediately followed by patriotic exercises or other opening ceremonies. business is before the assembly for consideration. The initial procedures in a mass meeting Or in one called A mass meeting usually is in the position ea needing n° are described in 52 and 53.Sessions (e) order of business, since, referring to the headings listed to form a society luencc in which above,there is..^.otiming but new business to be brought up of permanently organized bodies usually follow an estab- fies the lished order of bll'es or classes of�busin ss arc to be brought (unless the meeting is one within a series). A convention commonly adopts its own order of business certain general types —which often specifies the exact hours at which certain im- up or permitted to be introduced.A society may follow the nom, a the agenda, order of business given In the manual that the rlizmentar)'a,bylaws of the portant questions are to be taken I. -The order of business' of a convention is kno,vn as the grog organization.de`canas aavntP pticular order of b siness.Alt depending on whether it is interwoven with, or separates may have adopted Order of business from,the overall schedule of convention meetings,events,: though an organization has no binding arlia- etc.(see 40,58). until it has either adopted its own or has adopted a ponder mentar?• authority that specifies one, the following 53 §a BASIC PROCEDURES 231 -' RULES OF ORDER y.This may be A legislative body usually has a more elaborate order of written communication to the form of a let er or memorandumsfroml a member who is noN, business suited to its own needs. present, from a superior body (such as a state or national; Means by Which Business Is Brought Before the Assembly executive board to a local chapter), or from an outside] MOTIot's.Business is brought before an assembly by the source. A communication normally is addressed to th ,uotion of a member.A motion may itself bring its subject president or secretary and is read aloud by the secretary— to the assembly's attention,or the motion may follow upon unless the presiding officer properly should read it because of a report or other communication. of special importance Of the content or source. the presentation A motion is a formal proposal by a member,in a meeting, it is not customary to make a motion to receive a com- thA the assembly take certain action.The proposed action munication or'a committee report, which means only to may be of a substantive nature,or it may consist in express- permit or cause such a paper to be read.This is an example Ing a certain view,ti directing that a particular investiga- of a case in the ordinary routine of business where the for e note tion be conducted and the findings reported to the assembly haltta motion otn torec ion is dispensed ve e a t communication cationuaftld er it ha for possible further action,or the like. The basic form of motion—the only one whose introduc- been read is meaningless and should therefore avoided The reading tion brings business before the assembly—is a main motion. e ti communication does not t itself for There are also many other separate parliamentary motions malty bring a question before the assembly.After the read that have evolved for specific purposes.While all of these ing, or at the time pr p idped by g the order ofabusines business, e offered motions propose some form of action and wh'IWhenall they are membercan feels anything need be done,the mate tter is droppe are said to be brought"before the assembly" Y placed under consideration,most of them do not bring bus- without a motion. i,tesi before it in the sense describe-' above—as a main BUSINESS THAT COMES UP WITHOUT A MOTION, BECAUSE o motion does. Many of these motions involve procedural raEVIGU5 ACTION.Business may come up automatically at steps relating to a main motion already being considered. certain time,without a motion at that time,if the motio The main motion sets a pattern from which all other by which it was introduced has previously been postpone the remainder of this chapter,rules (14)or made a special order(40).In such cases,the busines motions are derived.in and explanations relating to"motions"have the main mo- is announced at the proper time by the chair. tion as their frame of reference.The manner in which a Obtaining and Assigning the Floor main motion is brought before the assembly is explained Before a member in an assembly can make a motion o on pages 26 K. speak in debate—the parliamentary name given to any fo MOTIONS GROWING OUT OF REPORTS OR COMMUNICATIONS. Of discussion of the merits of a motion—he must obtain th After the presentation of the report of an officer,a board, floor;that is,he must be recognized by the chair as having Or a committee, ane or more motions to carry out recom- the exclusive right to be heard at that time.'(For the parlia mendations contained in the report may be introduced.For �T1I+ .1. B•R�ralty ­d Bee ba.aharaa to 1. . +R+11 board or the procedures in such cases,see 40 and 50roBu*"'�• A motion may :Iso grow out of the presentation of a � 1r 24 RULES Or ORDER 53. 43. BAslc rROCEDURES 25 mentary motions that can be made without obtaining the while another person has the Floor—except for the purpose Floor,see tinted pp. 42-43.)The chair must recognize any of making one of the motions or taking one of the parlia- member who seeks the floor while entitled to it. mentary steps that can legitimately interrupt at such a time To claim the Floor,a member rises at his place when no (tinted pp. 42-43). in a very large assembly, if members one else has the Floor (or goes to a microphone in a large must walk some distance to microphones,it may be neces- hall), faces the chair, and says,"Mr.President;'or "Mr. sary to vary from the preceding rule as dictated by condi- Chairman." or "Madam Chairman;' or whatever is the tions in the particular hall;but no one should try to claim chair's proper title.If the member is entitled to the Floor at the floor before it is yielded. the time, the chair recognizes him—normally by announc- While a motion is open to debate,there are three impor- ing,as applicable,the person's name or title,or the place or tant cases where the Floor should be assigned to a person unit that he represents. This member then has the floor* +who may not have been the first to rise and address the and can remain standing and speak. If only one person is chair(but.who did so before anyone had actually been rec- ,eeking the Floor in a small meeting where all present know ognized).These cases are as follows: and can clearly see one another,the chair can recognize the 1) If the member who made the motion claims the floor member merely by nodding to him.On the other hand,if a and has not already spoken on the question, he is speech is prearranged,or if several members are attempting entit:ed to be recognized in preference to other mem- to claim the floor at once in a large meeting, presiding bers. offlccrs often use the formal wording,"The chair recognizes 2) No one Is entitled to the Floor a second time in debate Mr.Smith."When the names of the members are not gen- on the same motion on the same day as long as any craliv known, a person addressing the chair to claim the other member who has not spoken on this motion tloor shnuld state his name and any necessary identification desires the floor. as soon as the presiding officer turns toward him,as "Ed- 3) In cases where the chair knows that persons seeking ,ard Neils, Delegate, Crescent County." The chair then the Floor have opposite opinions on the question(and assigns the Floor by repeating the member's name or identifi- the member to be recognized is not determined by cation. When the member finishes speaking,he yields the (1)or(2)above),the chair should let the Floor alter- floor by resuming his seat. nate,as far as possible,between those favoring and If t,vo or more rise at about the same time,the general those opposing the measure. �ulc is that,all other things being equal, the member who A member cannot rise for the purpose of claiming prefer- ruse and addressed the chair first after the floor was yielded enee itt being recognized(as this right is called in all of the is entitled to be recognized. A member cannot establish above cases) after the chair has recognized another mem- 'prior claim" to the floor by rising before it has been bet.If at any time the chair makes a mistake,however,and yielded.In principle,it is out of order to rise or be standing assigns the Floor to the wrong person—when preference in _ recognition was timely claimed or in any other case—his at- 'The ttpte:.ion•p,i.iieses of the float:'.o„eume+v a i,tegist,e.e tention can be called to it by raising a Point of Order(23), bodies or co ent ions.he,nothing to do with h.oing the Poo.,but mean, —0. Ih.t.pet:on is pttmutea to.,tet the h+u. u u tit.n.right to and he should immediately correct the error. .p:.,L o „y.the,t.sh.of membership,e.cept s mer be eetetminea by The preceding rules usually are adequate for assigning rule.,r sedan of the body 1 ----------- 26 RULES Or ORDER 64. 54, TIIE HANDLING OFA MOTION 27 the Floor in most business meetings.In great assemblies o. ters).If the assembly decides to do what a motion proposes, conventions, or in bodies which must handle a heavy it adopts the motion,or the motion is carried;if the assem- agenda (40) or complex issues,additional situations often bly expressly decides against doing what the motion pro- occur where the best interests of the assembly require the poses,the motion is lost,or rejected. floor to be assigned to a claimant who was not the first to MAKING A MOTION. To make a main motion, a member rise and address the chair. For the rules governing these must obtain the Floor, as explained above,when no other cases,see 4I. question is pending and when business of the kind repre- sented by the motion is in order.The member then makes his motion, in simple cases by saying, "I move that... S 4. THE HANDLING OF A MOTION [announcing what he proposes in a wording intended to be- come the assembly's official statement of the action taken]:' The handling of a motion varies in certain details according For more important or complex questions,or when greater to conditions. In the ordinaryformality is desired,he presents the motion in the form of a case there are six essential steps—three by which the motion is brought before the as- resolution.The usual wording then is,"I move the adoption of the fallowing resolution:'Resolved,That..."';or,"I of- sembly,and three in the consideration of the motion. fer the fo!lowing resolution:'Resolved,That b „A res- How a Motion Is Brought Before the Assembly olution or along or complicated motion should be prepared in advance of the meeting,if possible,and should be put into The three steps by which a motion,is normally brought :writing before it is offered.The mover then passes it to the before the assembly are as follows: chair as soon as he has offered it.If conditions make it im- o 1) member makes the motion.(The words move and practical for a member offering a written resolution to read offer also refer to this step.A person is said to"make it himself,he should sign it and pass or send it to the chair $ a motion;' but he uses the word "n,rrve" when he ahead of time(in a large meeting,often by page or messen- does so.f ie is also said"to move" a particular p.-O_ t posal,as in"to move a postponement.") ger),or he can deliver it to the secretary before the meeting. I In such a case the member offers his resolution by saying, x Z) Another member seconds the motion. "I move the adoption of the resolution relating to.,.which 3) The chair states the question on the motion.(The step I have sent to the chair for"have delivered to the Secre- of stating the question on the motion should not be tary"]." The chair then says,"The resolution offered by confused with putting the question,which takes place Mr. A is as follows:...(or,"The Secretary will read the I later and means putting the motion to a vote.) resolution offered by Mr.A"]."(For additional information e' Neither the making nor the seconding of a motion places on the proper form for main motions and resolutions,see : it before the assembly;cnly the chair can do that,by the 10.) third step(stating the question).When the chair has stated As soon as a member has made a.motion,he resumes his the question,the motion is pending.It is then open to de- seat.He will have the right to speak first in debate,if he bate(if it is a main motion or one of several other debatable wishes,after the chair has stated the question.If themotion parliamentary motions,which are described in later chap- has not been heard or is not clear,another member can ask fr 2E RULES Or ORDER 94. §4. TIM HANDLING Or A MOTION 29 that it be repeated,which the chair can requist the maker In such a case the chair normally asks,"Is there a second to or the secretary to do,or can do himself. the motion?"In a large hall he may repeat the motion be- lt should be noted that,under parliamentary procedure, fore doing so.Or.if a resolution was submitted in writing discussion of any subject is permitted only with reference and read by the chair or the secretary rather than by the to a pending motion.When necessary,a motion can be pref- mover(as described on p. 27), the chair may say,"Mr.A aced by a few words of explanation,which must not be- has moved the adoption of the resolution just read.is there come a speech;or a member can first request information, a second to the.resolution?" If there still is no second,the or he can indicate briefly what he wishes to propose and chair says,"The motion r,,r"resolution"]is not seconded"; can ask the chair to assist him in wording an appropriate or,"Since there is no second,the motion is not before this motion. In general,however,when a member has obtained meeting." Then he immediately says, "The next item of the floor while no motion is pending—unless it is for a spe- business is... or, if appropriate, "Is there any further coal purpose,such as to ask a question—he makes a motion business?" immediately. Any desired improvements upon the mem- A second merely implies that the seconder agrees that the ber's proposal can be accomplished by several methods after motion should come brfore the meeting and not that he the motion has been made.(For summary,see p.93.) For a necessarily favors the motion .A member may second a mo- member to begin to discuss a matter while no question is tion because he would like to see the assembly go on record pending.without promptly leading to a motion,implies an as Icircling the proposal,if fie believes a vote on the motion unusual circumstance and requires permission of the as- would have such a result.A motion made by direction of a scmbly(see 32)in addition to obtaining the floor.Although board or a committee(of more than one person)requires no the rules to this paragraph can sometimes be relaxed in a second from the floor, since its introduction has been di- very small body, an observance of their spirit can be an rected by a majority vote within the board or committee and important factor in achieving a rapidly moving and inter- is therefore desired by more than one member. esting meeting. The requirement of a second is for the chair's guidance SECONDING A MOTION.After a motion has been made,an- as to whether he should state the question on the motion, other member who wishes it to be considered says, "I thus placing it before the assembly.Its purpose is to prevent second the motion,'*or,"I second it,"or even,"Second!"— time from being consumed by the assembly's having to dis- without obtaining the floor,and in small assemblies without pose of a motion that only one person wants to see in- rising.' In large assemblies,and especially in those where troduced. nonmembers may be seated in the hall,the seconder should In handling routine motions,less attention is paid to the stand,and without waiting to be recognized should state his requirement of a second.If the chair is certain that a motion name (with other identification, if appropriate) and say, meets with wide approval but members are slow in second- -Mr.president[or"Mr.Chairman'],I second the motion." ing it,he can state the question without waiting for a sec- If no member seconds the motion,the chair must be sure ond.However,until debate has begun in such a case—or,if that all have heard it before proceeding to other business. there is no debate, until the chair begins to take the vote and any member has voted—a point of order(see 23)can be •h:otions need not be seconded In•.matt board or a committee. raised that the motion has not been seconded; and then 30 RULES Or ORDER §4. §4• THE IIANDI.ING Or A MOTION 31 the chair must proceed formally and ask if there is a second. resolution].'Are you ready for the question?" Such a point of order should not be made only for the sake —If the chair,to stating the question on a written resolu- of form,if it is clear that more than one member wishes to tion or motion, wishes the secretary to read it,he may take up the motion. After debate or the taking of a vote state the question follows: t is moved and seconded has begun,the lack of a second has become immaterial and radopt the resolution which the Secretary will now e it is too late to make a point of order that the motion has read. (Secretary reads resolution,after which the chair not been seconded. if a motion is considered and adopted continues:]The question is on the adoption of the reso- without having been seconded—even in a case where there lution just read.Are you ready for the question?" was no reason for the chair to overlook this requirement— —if a written resolution was not read by the mover but the absence of a second does not affect tht validity of the was read by the chair or the secretary before being sec- motion's adoption. onded, the chair may state the question thus: "It is For lists of certain parliamentary motions that do not re- moved and seconded it)adopt the resolution just read. quire a second,see tinted pages 42-43. Are you ready for the question?' THE STATING OF THE QUESTION RT THE CHAIR.When a motion —The chair at his discretion may also Itse the form given that is in order has been made and seconded,the chair for- immediately above in cases where the member offering mally places it before the assembly by stating the question; a resolution has read it clearly and the chair is confident that is,he states the exact motion and indicates that it is that all members have understood it. In such a case, open to debate(and certain other parliamentary processes however,any member has the right to have the motion to be explained in 5 and 6)in the manner indicated below or resolution read again.when the question is stated. as appropriate to the case: In principle,the chair must state the question on a motion —The basic form used by the chair in stating the question immediately after it has been made and seconded,unless he on an ordinary motion is."It is moved ani seconded is obliged to rule that the motion is out of order or unless, that[or"to"]...[rope.-.ting the motion].?:re you ready in his opinion, the wording is not clear. for the question?-For example,"It is moved and sec- Rules and explanations relating to the conditions under onded that the Society allocate fifty dollars for...";or, which the various motions are out of order will be found ..that fifty dollars be allocated...";or,"It is moved particularly in 5, 6, and 7; in I0 (pp. 91-93); and in the and seconded to allocate fifty dollars for....Are you first three of the "Standard Descriptive Characteristics" ready for the question?" given in the sections on each of the parliamentary motions —in the case of a resolution,the chair may state the ques- (11-36). When a member who has legitimately obtained tion by saying,"It is moved and seconded to adopt the the floor offers a motion which is not in order, the chair following resolution[or,"...that the following resolu- may be able,in certain instances, to suggest an alternate tion be adopted"]: 'Resolved, That...(reading the motion which would be in order and would carry out the desired intent to the satisfaction of the maker.If the chair is obliged to rule that the motion is out of order,he should •1n 0.6.9 the gweHo en on ne f the Parliamentary m non•that can 8 be nrlther debated nor anandad(see q,the chair doe.n-I[-dude the words say,"The chair rules that the motion is out of order[or"not "A r.Tow ready for tee goes tion?•but put.the�uneron(that I.,pull It to in order"] because...(briefly stating the reason]." (He a wor.)immediately anrr suttnR It. .:g 32 RULES or ORDER §4. §4, TIIE HANULIN< OF A MOTION 33 S i should not say, "You are out of order;' and not, "Your accept;'or"cannot accept"] the modification";or, he can motion is out of order."To state that a member is out of respond by making a different modification:"Mr.President, order implies that the member is guilty of a breach of de- I will modify the motion as follows:...:' corum or other misconduct in a meeting;and even in such if the maker of a motion modifies it before the question l a case,the chair does not normally address the member in is stated,a person who has seconded it has the right to with- the second person.See p.19;also 60.)If the chair rules that draw his second; but if a modification is accepted as sag- a motion is out of order,his decision is subject to an appeal gcsted by another nlerrlbcr—either before or after the motion to the judgment of the assembly.(For procedure regarding has been seconded—the sHgge,tcr has in effect seconded the Appeal,see 24.) modified motion, so that no other second is necessary. If a motion is offered in a wording that is not clear or that Under any circumstances where a second is withdrawn but requires smoothing before it can be recorded in the minutes, it is clear that another member favors consideration of the it is the duty of the chair to see that the motion is put into motion in its modified form, the chair treats the motion as suitable form—preserving the co.tent to the satisfaction of cconded.If the maker make,any change in his motion and the mover—before the question is stated.The chair should it remains,in effect,seconded,or(if necessary)is then sec- not admit a motion that the secretary would have to para- onded, the chair says, "It i, moved and seconded... phrase for the record.The wording in the minutes should stating the question on the modified motion just as if it had be the same as was stated by the chair.The chair—either on been so moved originally.If a modification is suggested and his own initiative or at the secretary's request—can require the maker declines to make any change, the chair says, any main motion,amendment(1o,12),or instructions to a "The modification is not accepted,"and(provided that the committee to be in writing before he states the question. motion has been seconded)he states the question on it as it Until the chair states the question, the maker has the was moved by the maker. right to modify his motion as he pleases,or to withdraw it Modifications of a motion that are suggested before the entirely.After the question has been stated by the chair,the question is stated should usually be limited to changes that motion becomes the property of the assembly,and then its are likely to be generally acceptable to the members present maker can do neither of these things without the assembly's —or,in other words,changes that probably would not occa- consent(32);but while the motion is pending the assembly sion debate if proposed as amendments while the motion can change the wording of the motion by the process of vere pending. amendment(12)before acting upon it. In a sinilar manner,before the question on a motion has When a motion has been made and before the chair states been stated,any member who believes that the maker will it or rules that it is out of order,no debate or other motion immediately withdraw the motion if a certain fact is pointed is in order.At such a time,however,any member can quick- out to him can quickly rise and say (without waiting for ly rise and,without waiting to be recognized,can say,"Mr. recognition),"Mr.Chairman,1 would like to ask if the mem- President,I would like to ask the maker of the motion if he ber would be willing to withdraw his motion in view of... will accept the following modification:...[or,"...if he [stating the reasons for the suggested withdrawal]."The would be willing to change the words...to..:'J." The maker responds, "I withdraw for "decline to withdraw"] maker then answers,"Mr.President,I accept [or"do not the n.::tion."If the maker withdraws his motion,the chair §4, THE HANDLING OF A MOTION 3S 34 RULES Or ORDER 94' DEBATE ON THE QUESTION. Immediately after stating the says,"The motion is withdrawn,"and proceeds to the next question, the chair should turn toward the maker of the business.If the purpose of the withdrawal was to deal with motion see if he should to be assigned the floor first in a more urgent matter first,the chair immediately recognizes debate—to which the maker has the right if he claims it be- the appropriate member to bring it up.If the maker is un- fore anyone else has been recognized,even though others on- willing to withdraw his motion,the chair says,"The mem- may have risen and addressed the chair first. ber declines to withdraw the motion," and (if the motion Except in a small board or a committee,a member who has been seconded)he then states the question. desires to speak in debate must obtain the floor as described Strictly speaking,before the question is stated no com- ment should accompany suggestions that a motion be modi- on pages 23 ff.The chair in assigning the floor should be Pied or withdrawn.In ordinary meetings,however,time can guided by the principles explained in the same pages,and often be saved by brief informal consultation—which the in 41.In the debate, each member has the right to speak twice on the same question on the same day,*but cannot I chair can permit at his discretion,provided that he is careful make a second speech on the same question so long as any to see that this privilege is not abused or allowed to run into member who has not spoken that question desires the debate. The chair can frequently maintain the necessary control over such informal consultation by standing while it Floor.A member who has spokenn twice on a particular ques- le that he should normally tion on the same day has exhausted his right to debate that takes place(in contrast to the ru be seated during debate unless it would obstruct his view question for that day. Without the permission of the assembly, no one can of the members;see pp.377-378). speak longer than permitted by the rules of the body—or, 171e Consideration of a Main Motion—Basic Steps in a nonlegislative assembly that has no rtrlo of its own re- lacing to the length of speeches,longer than ten minutes. Once a main motion has been brought before the assem- bly through the three steps described above,'here are three Debate must be confined to the merits of the pending further basic steps by which the motion is considered in the question.Speakers must address their remarks to the chair, ordinary and simplest case (unless it is adopted by unani- maintain a courteous tone, and—especially in reference to' molls consent,as explained on p.44).These normal steps any divergence of opinion—should avoid injecting a per- are as follows: (1) members debate the motion(unle,s no conal note into debate.TO this end,they must never attack member claims the floor for that purpose); (2) the chair or make any allusion to the motives of members. As al- puts the question (that is, puts it to a vote); and (3) the ready noted,speakers should refer to officers only by title, chair announces the result of the vote. In addition,while and should avoid the mention of other members' names the motion is open to debate, the assembly may wish to as much as possible. take a number of actions as a part of the motion's considera- Except in small board, and committees, the presiding tion—which can themselves be the subject of certain parlia- officer should not enter into discussion of the merits of mentary motions,as explained in 5 and 6.in the following pending questions (unless, in rare instances,he leaves the description of the three principal steps in the considera- chair until the pending business has been disposed of,as tion of a main motion,it is assumed that none of these other -For oroeedores..here sleaie•rreedom of debate Is desired,...is..d rt. motions are introduced. Je RULES Or ORDER 94. §4- THE HANDLING Or A MOTION 37 described on p.334).While members are speaking in debate, ative vote, and all who Lvish to vote in favor of the mo- the presiding officer should remain seated unless the view tion so indicate in the manner specified; then he calls for between him and the members would be obstructed.In the the negative vote.The chair must always call for the nega- latter case, he should step back slightly while a member tive vote,no matter holy nearly unanimous the affirmative is speaking. Although the presiding officer should give vote may appear, except that this rule is commonly re- close attention to each speaker's remarks during debate, laxed in the case of noncontroversial motions of a com- he cannot interrupt the person who has the floor so long plimentary or courtesy nature;but even in such a case,if as that person does not violate any of the assembly's any member objects, the chair must call for the negative rules and no disorder arises. The presiding officer must vote. The three methods of putting the question in this never interrupt a speaker simply because he knows more manner are described below. Other methods of taking a about the matter than the speaker does. formal vote (as distinguished from adopting a motion by The presiding officer cannot close debate so long as any unanimous consent, p. 44) are used only when expressly member who has not exhausted his right to debate desires ordered by the assembly or prescribed by its rules; they the floor, except by order of the assembly, which requires are described in 44. a two-thirds vote (15,16,42). Forst fo''faking n vole:. 'fc.A vote by voice is the regu- For additional rules and information relating to debate, far method of voting on anv (notion that does not require see 42. more than a majority vutc for its adoption. (See pp. 3-4; I'l'TTING THE QUESTION.When the debate appears to have 43.) In taking a voice vote, the chair puts the question by Closed, the chair again asks."Are you ready for the ques- saying,"The question is on the adoption of the motion to tion;'• If no one then rises to claim the floor,the chair pro- [or"that"]...[repeating or clearly identifying the motion]. ceeds to put the question—that is,he puts it to a vote after As many as are in favor of the motion,say aye.' [Pausing once more making clear the exact question the assembly is for response,] ...Those opposed, say to.,,: (Alternate called upon to decide. Where there is any possibility of forms used in calling for the affirmative vote are:"All those confusion, the chair, before calling for the vote, should in favor... "Those in favor...";and"All in favor...:') make sure that the members understand the effect of an In-the case of a resolution, the question may be put as fol- "aye" vote and of a "no" vote. In putting the question, lows: "The question is on the adoption of the following the chair should stand (except in a small board or a com- resolution:[reading it].As many as are in favor of adopting mittee),and should especially project his voice to be sure the resolution that was just read,say aye....Those opposed, that all are aware that the vote is being taken. The vote say no...." If the resolution has been read very recently on a motion is normally taken by voice(or"viva voce")," and there appears to be no desire to have it read again,the unless,under certain conditions,it is taken by rising,or— chair may use this form:"The question is on the adoption sometimes, in small boards, committees, or very small of the resolution last read.As many as are in favor of adopt- assemblies—by a Show of hands. In putting the question Ing the resolution,say Ityc....Those opposed,say no...." by any of these methods,the chair calls first for the affirm- Form for taking arising rote.The simple rising vote(in •17ronou.-d v,v,vo'st('varve v ri]. 'United St,lrs House of Ree....M.6—Rule 1,S. THE HANDLING Or A MOTION 45 44 RULES Or ORDER §4' §�• motion requiring a majority vote for adoption,the outcome "Is there any objection to. .. He then pauses,and if no will be determined by the chair's action in cases where, member calls out, "1 object," the chair announces that, without his vote,there is (a) a tie,or(b) one more in the "Since there is no objection.. the action is decided affirmative than in the negative.* Since a majority in the upon.If any member objects,the chair must state the ques- affirmative is necessary to adopt the motion in the case tion on the motion,allow any desired debate (unless it is mentioned,a final result in the form of a tie rejects it.When an "undebatable" parliamentary motion—see 6 and tinted pp.44-45),and put the question in the regular manner.Or— there is a tie without the chair's vote,the chair can vote in the affirmative,and such a vote adopts the motion;but if f no motion has been made—the chair must first ask, "Is the chair abstains from voting, the motion is lost. When there a motion to...[stating the proposed action]";or he there is one more in the affirmative than in the negative must at least put the question,assuming such a motion.If an without the chair's vote,the motion is adopted if the chair objection is made with reasonable promptness,even though abstains;but if he votes in the negative,the result is thereby the chair may have already announced the result as one of tied and the motion is lost. "no objection,"he should disregard such an announcement For additional information regarding the procedures usedand proceed to state the question in the usual manner. in voting,see 43 and 44. "Unanimous consent" does not necessarily imply that every member is In favor of the proposed action; it may Adoption o!a Motion or Action Without 3 Motion, only mean that the opposition,feeling that it is useless to by General(or Unanimous)Consent oppose or discuss the matter,simply acquiesces.Similarly, in cases where there seems to be no opposition in routine .when a member responds to the chair's inquiry"is there business or on questions of little importance,time can often any objection...7"with"I object,"he may not necessarily be saved by the procedure of genera(consent,or, as it is oppose the motion itself,but may believe that it is wise to also called,urtnHimous consent.Action in this manner is in take a formal vote under the circumstances.In other words, accord with the principle that rules are designed for the pre- the objection is raised,not to the proposed action,but to the tection of the minority and generally need not be strictly actions being taken Lvithout a formal vote. No member enforced when there is no minority to protect.Under these should hesitate to object If lie feels it is desirable to do so, conditions,the method of general consent can be used either but he should not object merely for dilatory purposes.If a to adopt a motion without the steps of stating the question member is uncertain of the effect of an action proposed fort and putting the motion to a formal vote,or it can be used general consent,he can call out,"I reserve the right to ob- to take action without even the formality of a motion.To ject,"or,"Reserving; the right to object,. . :' After brief obtain general consent in either case,the chair states that consultation he can then object or w;,.'-.draw his reservation. "!f there is no objection...[or,"Without objection..:'J; The correction and approval of minutes (p. 301.) is an the action which he mentions will be taken;or he may ask, example of business that is normally handled by general consent.As a second example,assume that a speaker whose time has expired in debate on a motion asks for two addi- Tor a discussion or the conditions under.+high the(hales vote•Rett. tional minutes. If the chair thinks that all members will the result in the C.S.of motions:,quleng a t -third,vote for adoption, approve,he may handle the matter as follows: see W 6e aaa. I 47 • §a. §O A 1 HAND1.1—Ur MOTION 4P RULES OF ORDER asince there objection,the on its disposition. CHAIR'If there is no objection.the member's time Finally, there are motions by which me will be ex- the main motion,motions of this type have no direct effect tended tnvo minutes...[p business can be brought before the assembly under a num- member's time is extended two minutes. bur of special circumstances involving an earlier question- ` ible processes in all of these cate- Or, For each of the permissgories, there has evolved a particular i-. Jon with its cll.ix Is there any objection to the member's time being ex- tended t%vo minutest...[pause].The chair hears no objection, own name and rules governing its use—resembling or dif- and it is so ordered. fering from the main motion in varying degrees.All such In cases where general consent is already apparent, the derived forms uE motions, proposing procedural steps chair may sometimes assume it.For example,if everyone is specifically defined under parliamentary law, are loosely obviously absorbed in listening to a speaker who seems referred to for descriptive purposes in this book as"parlia- near the end of his remarks,the chair may allow him to con- mentary" motions. ciudu without interruption,although his time has expired. The next chapter contains a brief statement of the pur- Whenever it is stated in this book that a certain action pose of each of the parliamentary motions,together with or the adoption of a certain motion"requires a two-thirds an explanation of the cla—cs into which all motions are p divided.The main mot vote." the same action can, in principle, �,m•re fully treated in lo,as are le,also be taken by unanimous consent. if much hinges on the outcome,hone- each of the other motions in 11-36. ever, it is usually better to take a formal vote. Action by unanimous consent requires the presence of a quorum,just as for the transaction of business by any other method. Relation of Other Motions to the Main Motion As already noted, the foregoing initial description of the handling of motions refers principally busines main "lotion—the basic form of motion by which is brought up and by which the assembly takes substantive action. As also stated above, the consideration of a main motion can involve a number of other procedures not yet described—which are nevertheless fn the nature of ac- tion by the assembly and are themselves properly the subject of motions. In the same way there are a number E of "privileged" motions, which are not associated with the main question but can nevertheless be introduced while it is pending because they relate to certain urgent mat- ters that may arise and warrant immediate determination at such a time. Except for interrupting consideration of P =- x Ear 1.2 - 3 u :E� £ - - IE 'E — c �c — _ E+d •O I _ C-1 - E`o c yI E Y - U ;L Cox C O z O W m<F<m < o_ •. <w 1 1 11 ,I 1 ,1 E ZO o Fv c - 1 - E E� _O a •� O C �. w O'i 1 I } O RR 0- tW�-� a y E b JL J >_ O C a _�C V O oE@ c= s r o s x 'o ; C � O C d V c A a. w E o A o c � 2 Z Z .� `n r c E c c= E Z O r O -.o c o.c o o R o E o ` % o o v y ;. H L C C` G q ami O C X O E -a n 4 J V A L V ECi O V C t — ' O g 0 .n E 0 z c Y C " C) V L p Y L z 9 LY T O v-Q•O L v � -O — N E E R c c E ' �W., 'L• o V as .N o`r u n c am^ 'c v cd c v L Zin E VOw VO O O c > e n i aw -- Wa L w J m C J •- O C p p z V ` O b m C C 3 � c ovgv!¢ " " J uco`.vc � ��� _ cT^Ys rNi c•E > 0 E o- oEoV jc�O o�v�coo. O w .. L r 9. c w O c .. c.3 o u > v - v >..-.o.o.o-q �+ � zU; ¢uvucro'o Owv iLLLLCCCV l-F <� a ¢u oz h-O t "; W Y Y C-9 5 3 CJD m� u q� T O n C u -•..v� C O � 6 G A cy Y Cc c�� c p�Qv dEvY.y'o -N, u 'uvn uu� ov D: '" o acCc=_ fin ^ Vc� EHE � mx� � ca�d�dvvL v v -mc-v u W o s o v e'"- M E- o c s v o N c J L E `oon E�0006d_Z. V> Z ¢ ¢ V V O O Q W v W J L C L t A F- O 0 O i i t ..JN J ti t q F- Z r 0 m •�` O vC Q L c gym.+ EpZa ZOO d c e Q'0Gz T c c 'o- 0 -4 m R6Ot .CE cv .<-. o= v� � - m E- - �` .e v` o O j c. q Z c > c aCGSc-'C-' C 6V <C a< muzc o a J iv_ < L w 1 ^ mCL O E a ^�'Or u � C�V C 1 w = � u 0 �C Y •O •O ;z.E.n c V O' ^n ^ ov.n o y'En c �v .. "• v o. C t n c 3 w v''E 0 v n 3 a E c r m E q n m x 0 - F c 3 Z m c� -•.os<^ ,,. O�0 .��•� o A >a os w m o �r �a„ _°u E^`co o a' o e' a o c.r c'o' 3 u ° 'C•= N n u 6E O _O G � O � O•� O u C O O C ce W o. c` D: p c e o c o A o q c !i -. .0 s E ,• q�. o 0 0 0�� o �. d H t O C E O O W _ F. O ?._O..e O w MOH`C:t ri C Q ; n� Esp '.�'� Eo '" ; rosc =-`O� MEE �;,�� E Z p .0 0 o u m.'"., Z t! Od... O OO ?MuV 6q 6' wCC d0= '. O WYO.- OdY.I( p < - 1 s « <UUUU v �ov 3o�L" `c=rte r ',F Q v F = > 3 1� i 1. POLICY AND ADMINISTRATION Bureau of Governmental Research, Excerpts ® Elected Official's Handbook, ICMA i C � 7 j • �`tv� vF'FsGi�o,� S,�iF'�S, ' l��vFJ2_S�1Y O/C' BR��or✓ PART 1 : CLTY COUNCILORSHIP A. Elected Official Roles in Policy and Administration 1A.010 Most city councilors consider their main responsibility to be the formulation of policy for their city government. They also are concerned with the way in which that policy is administered, although the extent of their involvement in administration will vary depending on the city's size and its form of organization. City councilors also are Involved in other activities, including services to constLt- iients and general civic leadership, but "policy" and "administration" are their major areas of concern.. What is "Policy"? 1A.100 If a major role of the city council is to set policy for the city. it would be helpful to have a definition by which to differen- tiate policy matters from things that are not policy matters. One of the definitions of "policy" in Webster's Dictionary is "any gov- erning principle, plan, or course of action." Policy in city govern- ment also has been defined as "the process of deciding what is to be done . . . what to do is policy and how to do is administration." Z In actual practice, however, it is easier to define "policy" in the abstract than to- determine whether a given issue or decision is a policy matter. One booklet developed for local government offi- cial~ presents tke problem as follows: (111,c-re are some examples of typical local deci- sions. Are they policy or administration? if they're policy, what level of policy? ® The public works direct3r proposed con- struction of new interceptor sewers with a 50 per cent add-on capacity. Is this a pcabIIc works department administrative decLsion, or. :a city growth policy decision? It's both, and you need to consider the growth Implications of such a decision. 1. Anternational City Managers Association, Handbook for Councilmen in Council/Man- agar Cities (Washington, D.C., 1964). pp. 1-2. administ ration. Interest groups, or other governmental levels. A roaant•i I that l unit s its ItenCt Ion in I hat manner is said to he perform— ing in a reactive" mode--a "rubber stamp" council. The Policy Process.--Moving from this "reactive" mode to what IA.205 has been referred to as a more "proactive" mode of council operations requires that tile. council gain at clear understanding of the steps in tite policy process and identify those particular stages of the proc— ess at which its intervention is likely to be most effective. This, in turn, requires viewing the policy process as an entire system-- i.e., recognizing that the process does not begin and end with adop— tion of an ordinance, but that it involves a number of phases both prior to and subsequent to ordinance adoption. One description of the policy process which takes this "systems" approach the process into nine steps: identification of prob— lems and need establishment of community goals; determination of ob,occives; developing :and analyzing alternative means for achieving objectives; establishing priorities; developing programs; implement— ing programs; monitoring and evaluation of programs; and "feedback." Not that "Tile planning and management system itself must be plan— ned and managed just as any other city function is," the authors of this analysis suggest a list of criteria (see Figure 1-1) by which the council can :assess the city's planning and management capacity. Policy Management.--Another useful formulation of the policy 1A.210 process was developed by the Study Committee on policy Management Assistance (SCOPMA), a federal group led by the Office of Management and Budget with help from the National Science Foundation.2 The SCOPMA report's Author used the term "policy management" as follows: (Policy management) . . . refer[s] to the public management capacity of elected officials to per— form on an integrated, functional cross—cutting basis the needs assessment, goal setting, and evaluation functions of management; to establish 1. National league of Cities and U.S. Conference of Mayors, Planning and Management Guide (Washington, O.C.. 1974). 2. Study Committee on Policy Management Assistance. Strengthening Public Management in the Intergovernmental System (Washington. O.C., 1975). CouneIIs (n titles of even larger sizes seldom attempt to retain :any significant personal involvement in day-to-day supervision of city employes and departments. However, that does not mean that the council has no role whatsoever in administration. The various ways In which the council continues to influence administration ("over- sight") are discussed later in this section. Form of Government.--The various forms of city government are 1A.310 described and analyzed in part 2, section D. Even without regard to differences in city size, the council's administrative role will vary with the form of government. it in a "weak mayor" city is more likely For example. the counc at least through council to be directly involved in administration, committees, than it would be under the "strong mayor." form, since powers give him or her a special re- the strong mayor' s appointive supervision which cannot be shared sponsibility for administrative with council committees. if the city has the council-manager form of government there are likely to be not only practical but also legal limits to the harters council 's administrative powers. Many council-manager cb T expressly forbid councilors to give orders to city employes. f the city has the commission form (only Portland has this form in nvolvement in administration Oregon) there is a maximum council i each member of. the council is also a city department head. because. oversight" is well 1 Methods of Council Oversight.--"Legislative A. 115 recognized as a function of the legislative bodies of the federal and stategovernments, butlocal government literature contains very the -way city councils perform this little discussion-of function. Studies of legislative oversight in state and federal legislative however. offer many analogies with city councils. The fol- bodies, z lowing listing, drawn from studies of federal and state oversight processes suggests several ways in which city councils can and do axe rcase .,ovecsgght..and.. infjuence over city administration. t basic function of city i. ._ Js OP nsa 6d&*Eiiii66 iiant: ' The mos councils is, itself, the most basic of the various tools 1 of legislative oversight. Within charter limitations, i f f c . r �— c�rdln�c��cex l ix the structure of the administrative branch, de Cine ALS powers and duties, and may declare legislative intent for the specific guidance of administrators. (� Special Investigations: The U.S. Supreme Court has stated v that ,the power to investigate is inherent inithe po�gF.. to make laws."1 _Invest.igations by the counc�_ as hole or by duly authorized cortimittees 'of the council are rarely, if ever, -questioned. Problems sometimes arise when an individual councilor proceeds on his or her own initiative to investigate some matter, especially if the councilor seeks information from city employes without the knob.Yledge of the responsible administrative officiak4- ..It is a gen orally accepted view that such inquiries• shouid, be"direc= ted through channels. If the councilor or the council as a whole lacks confidence in the information obtained in this manner, Lhe problem would appear to be a personnel matter rather than a problem of communications, and should be.. created as such. w Approval of Appointments: Some city charters or ordinances provide the council with a formal oversight role in approv— ing certain_ key appointments made by the mayor or the city manager or administrator. This gives the council a direct voice in an important aspect of administration. ! ® Public hearings: Hearings on proposed ordinances, land use actions and other matters often provide an opportunity for the council to inquire into administrative affairs. As in the case of special investigations, the scope of council inquiry is broad, but it should not be abused-- for example, when it is used to malign individual city employes or to promote a councilor's political interests. o Budret Process: The budget is as important as basic Leg— islation in its power to control administrative action, and Clio_ council's authority in budget matters is one of its primary oversight functions. In addition to the authority to determine budgets and make appropriations, the justification of budget requests by city administra— tors provides additional opportunity for councilors to influence administration. • Legislative Audits: In recent years there has been in— creasing utilization by the legislative body of "audits" which go beyond analysis of financial transactions to includee evaluation of program operations and their re— sults. .The use of program auditing.,is discussed further in part 6. section C. i. McGrain v. oaugherty. 273 U.S. 175 (1927). • Review of Administrative Rules: Few city ordinances are so specific as to preclude the necessity for administra— f Eve personnel to make• Interpretations as they :apply them to specific situations. In some cities, administrative units may from time to time reduce their interpretations and "administrative policies to writing in the form of administraative rules. Legislative bodies, particularly at the state level, have in recent years instituted for— mal processes by which to review administrative rules from the standpoint of conformance with legislative intent, :and sometimes other more substantial criteria as well. In some cases the review extends to proposed rule making as well as to existing rules. • "Sunset" Reviews: Noting the tendency of administrative agencies and programs to continue year after year despite changes in the social or economic conditions which gave rise to them, several state legislatures have adopted "sunset" laws under which a definite time is fixed for agencies to be abolished, unless legislative review prior to that time results in a decision to continue them. The oversight leverage which this gives to the legislative body is obvious. • Agency Reports: General directives contained in ordi— nances or other legislation for administrative agencies to submit periodic reports of their activities are prob— ably of little oversight value, since the agencies sub— ject to such general requirements are free to determine the contents of the reports and are not likely to insert any content that would be adverse to their interests. However, such legislative directives could be phrased in such :a way :as to require agencies to report specific data or information that would have oversight value, and in this way agency reports could become useful oversight tools. • informal Oversight: There are numerous other ways in which the. council can and does exercise oversight over administrative agencies. Processing constituent inquir—.: Los, monitoring the media, informal contact through civic and professional groups or state association meetings and other occasions give the council many possible "handles" on administration. Despite thc, numerous possible avenues for council oversight of city administration. councilors often complain that they have a hard time- getting.,information about administrative matters. Considering tha-coriolexity of dity government, even in small— or medium—size cit ies';1".'and` the 'need to go through "proper" channels in order to — maintain the integrity and responsibility of city administrative officials, it is not surprising that such complaints are heard from time to time. Top city management personnel generally have the same problems with respect to administrati.vr affairs of the units under their own supervision. The problem of getting sufficient information, and being able to absorb and analyze it even when it is available, is perhaps one of the as-yet unsolved problems of our increasingly complicated society, and is not unique to city government. C. Council Meetings 1C.010 Although only a mi.nor portion of a councilor's time is spent in council meetings, the public is likely to judge the council more on the basis of what happens in its meetings than on other aspects of its performance. Effective planning and conduct of council meetings is therefore necessary to win and maintain the public confidence that is essential to successful city policy and program development. Open Meeting Law 1C.100 Oregon's open meeting •law (ORS 192.510 et seg. ) affords members of the public the right co attend all meetings of "governing bodies" of public agencies, subject to a few specific exceptions. Public agencies include all state and local government agencies in Oregon. Scope.--A "governing body," for the purpose of the law, is one F 1C.105 consisting of two or more members who have authority to make deci— sions or recommendations for a public body only if a quorum is pres— ent. This includes all city councils, as well as such entities as planning commissions, budget committees, library boards, and others, even if their functions are purely advisory. However, it does not include ad hoc committees of department heads or other informal groups. The statutory definition of "governing body" is considerably broader than the usual meaning of that term; and for purposes of clarity, this section will use the term "deliberative body" .to refer to entities that are subject to the open meeting law. The open meeting law applies whenever a deliberative body con— venes in order to make a decision or to deliberate toward a decision on any matter. On—site inspections are not considered "meetings" for purposes of the statute; but the Oregon Attorney General has stated that meetings must be open any time a deliberative body con— venes to obtain information on anything within its jurisdiction. Judicial proceedings and state agency contested cases, as defined by the Administrative Procedures Act, are not subject to the open meeting law. However, a quasi—judicial proceeding conduc— (` j cod-by a city council (e.g. , on a zone change) is not understood to i be a judicial proceeding and, hence, is not excepted from the open meeting requirements. es several requirements in 1C Requirements.--The law establish .110 addition to the basic requirement that meetings of a deliberative body be open to the public. With certain exceptions, public meet— ings may not be held at a place where discrimination on the basis of race, creed, color, sex, age or national origin is practiced and usually must take place within the jurisdictional boundaries of the involved. Except in an emergency, a deliberative governmental unit body must provide 24—hour notice to the public before a meeting. Although a deliberative body could forbid the use of recording devices by the public if such action is necessary to preserve public decorum, the attorney general has stated that members of the public may make electronic recordings of public meetings if the delibzrative func— tions of the governing body are not disturbed. A deliberative body is required to make written minutes of all meetings, and the minutes must include certain information, such as the vote of each indivi— dual member. Executive Sessions.--ORS 192.660 authorizes closed door execu— 1C.115 tive sessions in limited and specifically identified circumstances. However, no final action may be taken at these meetings. To hold an executive session, the presiding officer of the deliberative body must announce prior to convening the executive session the appropriate subparagraph of the statute upon which the authorization for the meeting rests. For example, if an executive session is to be held for the purpose of considering a proposal to fire the city manager, the mayor or other presiding officer must state, "This executive session is being held under authority of sub— section (1)(b) of ORS 192.660." A city council should consult with its legal counsel prior to convening an executive session. Executive sessions may be held to consider the inttial hiring of a public officer; the dismissal or disciplining of an officer or employe. unless the officer or employe requests the meeting to be open; the authority of persons designated to carry on labor negotia— tions; teal property transactions; records that are exempt from f- public inspeetton; negotiations involving matters of trade and com- merce when the governmental unit is in competition with other areas; and the legal rights and duties of a public body with regard to cur- rent litigation or litigation likely to be filed. Labor negotiations conducted by a deliberative body may be held in executive session at the request of either side of the negotiations. Representatives of the news media may attend most executive sessions, although they may be ordered by the deliberative body not to reveal certain information. Since the greatest likelihood of unintentional violations of open meeting requirements involves rela- tionships with the media, city councils should be especially careful to make sure that the media receive notice of all executive sessions. Effect of Violation.--Oregon law does not allow a court to void F1C.120 j the actions of a deliberative body solely because of a violation of the open meeting law "if other equitable relief is available." Mem- bers of the public who are affected by a deliberative body's deci- sion may sue in circuit court to require compliance with, prevent violations of, or determine the applicability of the open meeting law to decisions of the deliberative body. I The policy statement of the law makes it clear that legal inter- pretations of close questions should be resolved in favor of provid- ing public access and information. Although the open meeting law does not give members of the public the right to be heard, it does work to ensure that interested citizens are aware of the delibera- tions and decisions of deliberative bodies, as well as the informa- tion upon which Chest: decisions are based. Relevant open meeting rules contained in charter provisions also may add to the individual's right to observe local government in action. Rules of Procedure 1C.200 Most city councils in Oregon have adopted rules of procedure to guide the conduct of their council meetings. These rules are designed to provide that council business will be efficiently and consistently handled and to help avoid waste of council, staff and r citizen time. i o Decorum or behavior: the rules ordinarily make the pre- siding officer responsible for preserving decorum and deciding questions of order. Commonly, councilors wish- ing to speak -are required to address the chair and, when recognized, to confine their comments to the question under discussion. Other persons attending the meeting are usually required to observe the same rules, decorum and order that are applicable to councilors. The rules may authorize the presiding officer to call upon a sergeant-at-arms to enforce order if necessary. • Limitation on debate: some councils find this option helpful in ending meetings at a reasonable hour. The I limitation may apply to both councilors and citizens and usually is stated in terms of number of minutes a person may speak on a particular agenda item. • Voting: this section might identify the number of elec- ted councilors that constitute a quorum, state the re- quirements for a roll-call vote and for announcing the results of votes, and similar provisions. a Parl.amentary procedure: the rules may specify an author- • � itat4ve-manual-on parliamentary procedure-which--councl — proceedings are to follow. J E, • Preparation and distribution of agenda: this section usually stipulates who is responsible for agenda prepa- ration, dc-adlines for submitting Items to be. included, ..nd requirements for publication and distribution of the agenda. ! Preparation of council minutes: this rule specifies who is responsible for preparation and cataloging or index- ing council minutes. Agenda 10.300 The council :agenda is an indispensable tool for the orderly conduct of council meetings. It is a memorandum of items of business that are to be considered by the council at a specific meeting. The Items on the agenda should follow. the formal order of business pre- viously adopted by the council. The agenda is important for two reasons. Essen- tially it is a legislative tool designed to aid the council in transacting business in the most expeditious and fair manner. possible. A well planned agenda may also be used to improve . . . { public relations. 1. Bureau of Governmental Research, University of California, City Council Organiza- tion and Procedures in los Angeles County (Los Angeles: UCLA. 1975). Council rules of procedure vary from city to city, based on their governmental structure and allocation of responsibilities. Some cities have established their procedures by adopting an ordi- nance, while others have acted by resolution or other informal means. A method that allows for easy adaptation to changing circumstances seems to be preferred. Rules regarding council meetings commonly include sections covering: e Time and frequency of meetings: this depends on charter requirements, size of council, and amount and complexity of council business to be transacted. Regular meetings of most councils are held bi-weekly or monthly; and in larger cities there are council work sessions at which various matters are presented and discussed, but action is not taken. The open meeting law requires 24-hour notice of any special meeting. • Order of business: a statement of the sequence in which various items of business are considered, normally in- c- luid-Gg r_- clud-ing (1) Call to order (2) Roll call (3) Reading and approval .or correction of the minutes of the previous meeting (4) Receipt of petitions, communications and memorials (5) Public requests (6) Reports of. committees (7) Reports of city officers (S) Presentation of claims and authorization of payments (9) Unfinished business (10) Introduction and consideration of resolutions and ordinances (11) New business (12) Adjournment e .Method of designating presiding officer and pro tem: the rules should provide for-seleation of. a council president :and for a mayor pro tem if these matters are not covered by the charter (See .part 1, section R). Such rules ordidartly call for nomination and election to this position by the council members. The public relations benefits can be maximized if the agenda is prepared to indicate the background for at least the major items of business to be considered. The agenda may also include some expla- nation of council rules of procedure and other information that would help citizens observing council meetings to understand the proceedings. Responsibility for agenda preparation usually rests with the city clerk or recorder, with the assistance of the city manager or administrative officer. From material furnished to them by the mayor, councilors and city staff and from communications received since the _ last council meeting, they determine which items should be included on the agenda and in what order. The agenda draft may be reviewed with the mayor prior to distribution. Items on the agenda are often summarized for easy reference. Communications usually are briefed according to the name of the communicant and subject matter; committee reports are sum- martzed; . . . ordinances are described accord- ing to number .and title; hearings are described i by subject matter; and reports from the city [staff.] are summarized according to subject.l Once the agenda items are determined, relevant background mate- vial , reports and supporting documents are prepared to aid the coun- cilor in analyzing matters on the agenda. To be most effective, the agenda and the support material should be made available to councilors in advance of the meeting (usually one to four days). In many cities, the media also receive the agenda and appropriate materials prior to the council session so they may publicize this information in i the community. Agenda outlines without the background materials are s normally posted at city hall prior to the meeting and are made avail- able to the public at the meeting. E A definite schedule for agenda preparation with a known deadline for receipt of communications and the submission of departmental and committee reports often helps avoid last minute confusion over what items will come before the council. This also assures that there is i generally sufficient time for preparation of support material before { the council meeting. P : 1. International.City Management Association, Planning and Conducting City Cauncil j Meetings (Washington. ®.C.. September 1970). I [P[ i `y Fti tLCf i 1C.400 ( Consent Calendar Some cities make use of a "consent calendar" to reduce the length of their agenda and expedite council processes. The consent calendar includes all routine items of business which require a vote but are not expected to require discussion or explanation. They are grouped together ahead of time and voted on as one item requests that a specific item be transferred unless a councilor from the consent calendar to the regular agenda. Ordinarily, there may be ten to twenty—f.tve items on a consent ss of subject, or calendar. They may be placed together regardle separate consent calendars may be used for different sections ions of inclu the agenda. Items commonly placed on consent calendars approval of minutes, approval of payments, setting hearing dates, acceptance of public improvements constructed under contract, approval of ordinances for adoption (final presentation) , etc. When the consent calendar is used it is wise to include a note on the agenda explaining its use, since consent calendar itemsare not discussed separately, and this may not be understood by persons who are not familiar with council procedures. -1C 5-0-0--1 Parliamentary Procedure Parliamentary procedure is a set of rules that regulate and standardize the conduct of business by deliberative bodies. They supplement and are subordinate to the rules of procedure established by statute, charter, ordinance or resolution and cover all matters relating to meeting transactions, including convening, voting, order of business, types of motions and their precedence, debate and deco— rum, presiding officer, committees, etc- Many cities have adopted by reference a standard work on par— Many procedure (e.g. , Roberts Rules of Order Newly Revised; Sturgis, Standard Code of Parliamentary Procedure; and Mason, Manual of Legtslative Procedure) to govern their proceedings to the extent they are not covered in their charters or rules of procedure. to The city council can always modify the standard procedures loc:ll preferences. For example, Roberts Rules of Order conform to Newly Revised precludes debate on a motion to "Lay on the table," but a special council rule might provide for a limited debate time on such it motion. 71 Minutes and Record Keeping 1C.6OO ORS 192.650 requires that a public governing body provide for the taking of written minutes at all of its meetings. This record serves as a source of information for the council and the public and also may serve to validate or prove that ordinances and other actions have been approved by the city council. Minutes generally include a record of what took place, but not everything that was said. Speeches, discussions or statements are not ordinarily copied into the minutes, except when the information is necessary to understand what took place at the meeting. Oregon law states that minutes shall include: names of all members of the governing body present; all motions, proposals, resolutions, ordi— nances and measures proposed and their disposition; the results of t" all votes and the vote of each member by name; the substance of any discussion on :any matter; and a reference to any document discussed.l In Oregon the city clerk or recorder is usually responsible for recording, indexing and scoring council minutes. Forms of Action 1C.7OO City councils customarily act by way of three types of enact— ments: ordinances, resolutions and motions. The term "ordinance," as applied to municipal corporations, has been defined as follows: While the term 'ordinance' has been used in var— ious senses, the term is generally used, in this county, to designate a local law of a municipal corporation, duly enacted by the proper authori— ties, prescribing general, uniform, and perma— nent rules of conduct, relating to the corporate affairs of the munieipality.2 1. ORS 192.650. { 2. 5 Mc0uillin. municipal Corporations (3rd ed. rev., 1969). sec. 15.01. Examples of how ordinances are used include establishing a sign code, regulating operation of pinball machines inside city limits, adopting fair housing and equal opportunity legislation, etc. An ordinance is a legislative action applicable to all citizens or cer— tain groups within a community. On they other hand, a resolution expresses council consensus concerning actions which are temporary or which grant special priv— ilege. They are commonly used for letting contracts, approving budgets, levying assessments, ordering paving of streets, express— ing appreciation, and a number of other routine city administrative actions. The distinction between an ordinance and a resolution is simi— lar to the difference between "making a law or executing one already in existence."l This definition may be used as a guide to determine what form a council :action should take, except when the city charter or a state statute specifies the particular form of action to follow. The significance of the distinction between ordinances and res— olutions lies primarily in the fact that a resolution is not subject to the referendum because it is not "legislation." Another distinc— tion is that while resolutions ordinarily may be presented and acted upon .t the same meeting and become effective immediately, specific provisions of state statute or city charter must be followed to "duly enact" an ordinance, as indicated in the following subsection. A "motion" or order is less formal than either an ordinance or resolution. By definition, a motion refers to the "mode" in which a councilor submits a proposal for the council's consideration, and is a temporary exercise of power used to accomplish something. When it has been promulgated and accomplished its purpose, it ceases to have further potenti— ality. its usefulness usually ends with the performance of. directions.2 ( 1. Ibid. 4 2. Ibid. Mations are used to approve minutes, accept communications and report::, set meeting dates, call for adjournment, approve ordinances, etc. They are made orally and need only be seconded to be brought before the council for discussion and a vote. Ordinance Procedure 1C.800 Procedures to adopt an ordinance vary from city to city, but they commonly involve both "time" and "reading" requirements. Gen— erally, once a proposed ordinance is put into writing, it is to be read at a city council meeting at least twice. That is, it is read once in full on one 4ay, read in full or by the title only on a second and different day, and put to a vote after the second reading. Almost universally, readings "in full" are dispensed with if no council member present request:. that the ordinance be read in full or if copies of the ordinance are made available to councilors and the public a certain number of days prior to the first reading. This exception is utilized for the great bulk of ordinances, so omission of the reading "in full" is really the rule rather than the exception. Upon final roll call vote, if an ordinance is adopted, the re— corder signs and dates it as of passage; and if no veto is exercised, the mayor usually signs it within a few days. In most cities an ordinance takes effect thirty days after it is enacted unless it contains a clause declaring an emergency, in which case it takes effect immediately. It is up to the council to determine whether or not an emergency exists, and the courts will usually uphold the council 's judgment unless the ordinance itself or the circumstances provide clear evidence to the contrary. Some charters require a greater than normal majority vote to attach an emergency clause to an ordinance, and some require the clause to include a specific statement of the facts that constitute the emergency. Because an emergent y ordinance becomes effective immediately, there is no time to circulate referendum petitions before it goes into effect, but emergency ordinances may be repealed through the 1 initiative process. A recent Oregon Supreme Court case involving a home rule county raises some questions about the ability of a city council to attach the emergency clause to any taxing measure. D. Quasi-Judicial and Legislative Functions f 1D.010 The distinction between the legislative and quasi-judicial functions of local government units determines the extent of proce- dural safeguards afforded members of the public who are affected by governmental decisions. By examining the nature of the action taken and its public impact, the local government official can distinguish between the two functions. Legislative acts are those decisions of a governmental body which affect a broad class of individuals in various situations and which formulate general rules or public policy. f Quasi-judicial actions are narrower in scope. They focus on specific situations and apply general rules or policy to these situations. '. s It is difficult for an aggrieved member of the public to attack the validity of a city council's 'Legislative enactment, because the s courts will uphold the enactment unless it was unauthorized, uncon- stttutional or the result of arbitrary and capricious action. For example, the council's judgment concerning rezoning has been upheld by courts in the past if the validity of the legislative classifica- tion was fairly debatable. This creates an almost insurmountable e i burden of proof for an opponent of legislative action. I The classification of an action as legislative also has a great r effect on the process requirements which the governmental body must i meet. Although the right to be notified of a hearing and to be heard s are ordinarily extended to interested persons, this is not constitu- t1onally required for legislative acts. As a constitutional matter, there is no requirement that a legislative body be impartial in arriving at a decision, because the personal motives of legislators are normally irrelevant; further, there is no right to counsel, to cross-examine witnesses, or to demand findings upon which a decision 't is based. In contrast, governmental action that can be characterized as ; { quasi-judicial affords members of the public the full measure of ` procedural rights that are necessary to satisfy notions of due proc- es5. A person affected by a quasi-judicial decision (e.g. , an applt- cant for n zoning variance or a conditional use permit) must be given I a L ni S due notice that proceedings are imminent and be made aware of the specific issues to be resolved. Such a person has the right to have :an attorney aid in the presentation of evidence on relevant matters :and in the rebuttal of evidence presented by others. Expert witnesses may be utilized. Testimony may be required to be submitted under oath. The burden of proof is on the one seeking the proposed action. Other formal procedural safeguards may be applied if the nature of the proceedings and of the individual rights affected make this necessary. In a quasi-judicial proceeding, the decision-making body must tial in that no member should have any direct, personal he impar decision pecuniary interest in the outcome of the proceeding. The e evidence before it. Official notice of the body must be based on th acts if this is done openly. Ex parte contacts are may be taken of f forbidden. 1 The decision-making body must prepare a record of the it must also make findings upon all essential issues proceedings, and i -If fact. These findings must be specific and should not consist of r the findings will enable a re- general conclusions. The record and viewing court or state agency to determine whether :applicable rules of law and procedure were observed and whether the hearing body reached a well-reasoned decision supported by substantial evidence. A person aggrievi-d by a quasi-judicial decision may appeal to the circuit court on :a writ of review, or to the Land Use Board of Appeals if the issue involves :a land use decision. Local government bodies are sensitive to the distinction between quasi-judicial :and legislative functions because of the important con- sequences this has on the procedure to be used. An erroneous classi- fication could lead to governmental action being voided by the courts because of procedural defects. a councilor or other official making a quasi- 1. "Ex parte" contacts are those that judicial decision might have prior to or outside of the official proceedings with a person considered to be a party to the action, such as the proponent or opponent of a zone change. In general, the rule against ex parte contacts in quasi-judicial decisions requires that a councilor who has been involved in any such contacts pro- vide full public disclosure prior to the hearing and state whether he or she is of the opinion that his or her mind is or is not so affected by the ex parte communi- cation that an impartial decision could or could not be rendered. The official I should then part*:pate or not participate in the decision according to his or her own conscience. 5A.100 Public Hearings liy definition, a public hearing is an oral proceeding which provides an opportunity for all side.: of an issue to be presented. In local government there are essentially two types of public hearings: legislative and quasi-judicial. A legislative hearing is held to determine facts and hear opinions concerning a policy g taken by the governing body. A being made or an action beinhen policy policy is being applied to an judicial hearing is conducted w individual circumstance, e.g. , hearings on applications for condi- tional uses or zone changes. (See part 1 , section D, for a discus- sion of quasi-judicial proceedings.) F A legislative hearing before the city council generally need not , and perhaps should not , have the formality of a court proceed- ing. Whether a public hearing is required by law or is conducted t at the initiative of the hearing body, due process of law, or fair c law, requires that "adequate" notice and equal treatment under the , date , place, and purpose of the hearing. be given of. the time by law, charter or Except when already defined ordinance, each city must decide what constitutes "adequate" notice. l ways in which public hearings may Experience suggests severa be made effective: 1 Conduct Prehearing Conferences: On controversial matters i it may be useful to hold a prehear.tng conference with the chief pro- ponents and opponents of the issued involved (unless the subject 3 t matter calls for quasi-judicial procedures, in which case ex parte t contacts must be avoided, see part 1 , section D). Questions of fact may be resolved at such conferences; and time may be saved at the cts can be made by city staff, in which hearing. Prehearing conta case the risk of improper ex parte contact is avoided. 2 Make an Opening Statement_: The presiding officer usually f opens the public hearing with a statement about the subject being _ considered and the hearing procedures to be followed. F Procedural Rules: To expedite the hearing 3, Have Definite €€ f, process and to maintain its dignity as a formal proceeding, proce- dural rules are often established by the city council (see part 1, section D, for special procedures to use in quasi-judicial hearings) . These rules may cover: (a) Time Limits for Speakers: Many cities set speaking time limits prior to the public hearing, depending on the nature of the hearing topic. If limits are set, they should be carefully explained to those testifying and then enforced impartially. (b) Registration of Speakers: Those who wish to speak may be required to sign up in advance (or at the start of the hearing) and indicate "pro," "con," or "neutral" positions. This allows the presiding offi- cer to adjust time limits and to call the speakers in proper order. Advance sign-up may not be desirable on less controversial or less time consuming matters. (c) Order of. Testimony: In some cities, all "pro" speakers are allowed to testify first, followed by "con" presen- tations, with time given for rebuttal from each side. Other cities rotate testimony between pro and con sides of the issue. (d) Provision for Closing the Hearing: When time limits are exhausted or all testimony has been given, time is usually provided for council questions and general discussion. 4. Provide for Staff. Assistance: Since the purpose of a public hearing is to obtain public input rather than the views of department heads or other city staff. , the role of the staff at a public hearing is to answer specific questions that might be raised by those testi- fying. Staff members should not engage in debate with members of the public or make argumentative statements at a public hearing. Lt may be necessary for the presiding officer to intervene to prevent debates between citizens and staff. members. 5. Close With a Debriefing: In closing the hearing, the pre- siding officer should identify follow-up procedures for unresolved problems or questions and announce when and how action will be taken on the issue under consideration. b. Provide Adequate Physical Facilities: Among the factors to consider for the physical setting of a hearing are the location (e.g. , consider holding the hearing in an affected neighborhood rather than in the city hall, if appropriate), accessibility for handicapped per- sons, acoustics, provision of a sound system, seating capacity and E seating, arrangement. Arrangement of the room should be conducive to conducting an effective hearing; and this may mean experimenting with alternatives to the traditional :arrangement of seating the audi- ence in chairs facing the governing body, which often is seated on a raised platform. Some cities have successfully used a less formal arrangement. Town Hall Meetings SA.200 The "town hall meeting" is somewhat similar in purpose to the 0 public hearing. Town hall meetings are considerably less formal than public hearings, need not be limited to any specific subject or sub- jects, and are not necessarily related to any specific decision or action of the council. Their purpose is to provide citizens with the opportunity to carry on a face-to-face dialogue with public 0f f i.cials. Town hall meetings are often held in neighborhood locations i rather than in city hall or other central sites. As in the case of t public hearings, the physical setting can affect the success or fail- t ure of a town hall meeting, and the arrangements for seating, acous- s E tics, etc. , are factors to consider in selecting a site. Other considerations for town hall meetings include advance notice and publicity; provision of staff or other resource persons j to supply factual information; and adoption of a few ground rules for speaking time limits, alternating pro and con speakers, etc. Advisory Committees F-5-A—.30-0-1 : 1 City councils utilize citizen advisory committees for many purposes: ® To satisfy state and/or federal requirements (e.g. , Hous- ing and Community Development (Block Grant) Advisory com- mittees, LCDC Citizen Involvement Advisory Committee, etc. ). E Y To obtain "functional expertise." Committees may be charged with the responsibility to become "experts" on a particular subject in order to advise the council (e.g. , Corvallis Citizens Committee on Bicycles). Such committees are generally "standing committees and exist aentil terminated by the council. Some cities prefer to io set definite termination dates for standing committees f6G.010 t G Purchasing and Contracting Central Purchasing Policies and Practices 66.100 Although a significant part of all city expenditures goes for personal services, the city outlay for supplies, equipment, capital improvements, and other non-personal-service items is substantial. Elected officials are responsible for ensuring that expenditures for these purposes are made in such a way as to return the maximum benefit for each public dollar spent. Oregon law now requires cities and other local governments to follow competitive bidding procedures (see following section on public contracting). However, the law leaves considerable latitude for local units to develop and implement their own policies and procedures with respect to other aspects of purchasing policies and practices. Although some local governments still operate with informal, decen- tralized purchasing systems, others have introduced centralized pur- chasing systems as a means of fostering economy and efficiency. 66.205 Elements of a Centralized System.--A centralized purchasing system involves most , if not all, of the following elements: s Fixing of responsibility and authority on one employe or agent to make purchases upon departmental requisition in accordance with council policies. The city purchas- ing officer may be the city manager or administrator. The purchasing officer also may perform related duties such as the review of proposed contracts, the management of central stores, maintenance of equipment inventories, etc. Pooling of departmental requirements in order to pur- chase larger quantities, which often results in lower unit costs than is possible under decentralized systems. a Establishment of a central storehouse to stock items routinely used by city departments. This is a more convenient way of responding to departmental needs than making frequent open market purchases as items are needed, and it allows the city to take advantage of fluctuations in market prices of various items. As a supplement or alternative to establishment of a central store, cities may purchase articles on long-term -contracts at quantity �' prices and obtain delivery in small lots as required. Coordination of departmental requirements to ensure that the goods acquired are suitable to meet performance requirements and are not of- higher or lower quality than may be appropriate. The central purchasing office makes analyses of departmental needs and develops standard specifications covering supply and equipment items which can be used by several city agencies. edures are required by taw, with • Competitive bidding proc E certain exceptions noted below. The central purchasing k office is usually made responsible for the preparation of bid calls, including required publication, and the analysis of bids received; although actual awards are ` ordinarily made by the city council. The competitive bid process may include prequalification of bidders, a procedure which saves time and also may avoid diffi- culties associated with making awards tolowest bidders whose ability to supply the goods = perform tract is unknown. Except for the required bidding procedures, the provision of centralized purchasing varies widely among cities. Smaller cities do not have the specialized staff necessary to establish formal pro- grams, but they can follow policies and procedures designed to achieve the same objectives as the formal programs 6G.200 " Cooperative Purchasing There often are opportunities to effect economies through joint and cooperative purchasing arrangements with the county, school dis- trict, or other local governments in the area. Councils of govern- ments (COGs) in some areas have assumed responsibility for developing cooperation in purchasing among local governments. Cooperative pur- chasing arrangements range from ad hoc decisions to purchase a single item jointly to formal agreements calling for development of multi- agency standard specifications, mutual notice of proposed purchases, and even joint use of specialized purchasing personnel. These arrangements have proved to be most satisfactory in the purchase of such items as tires, gasoline and fuel oil, which <,re used in large quantities by the units involved. Purchasing Through the state.---For some items, Oregon ciries F 6G.205 may save money by purchasing from or through the state Department of General Services. Oregon law permits such purchasing of items having unit prices over $500, although that limitation does not apply to city acquisition of state surplus or goods produced by a state agency. Among the kinds of materials , supplies and equipment avail— able through this program are vehicles, parts and supplies; office equipment and supplies; and other items. City procurement through this arrangement can either utilize existing state price agreements with individual vendors or competitive bidding procedures adminis— tered by the Department of General Services. Public Contracts 6G.300 State law has for many years regulated certain aspects of local government purchasing and contracting, including requirements for competitive bidding under certain circumstances, prevailing wage requirements, preference requirements for Oregon suppliers, et The 1975 legislature thoroughly revised these statutes. Among other changes, it enacted a general requirement for competitive bidding on all public contracts , with exceptions to be authorized under rules promulgated by the state Public Contract Review Board. However, the 1975 law included a provision which allows the city council to enact an ordinance designating itself as the public contract review board for the city, and to assume the powers of the state board at the local level. More than one—half of the cities and all but six of the counties have formed their own local contract review boards. s In addition to allowing exceptions from the competitive bid requirements, the public contract review board (i.e. , the city coun— cil in cities that have exercised their option ender the law) has power to allow purchasing by brand name under certain conditions, reduce bonding requirements of public improvement contracts, decide appeals from disqualified bidders, and establish other contracting procedures within the statutory guidelines. The law, as amended in 1979, requires cities to develop a list of public improvements plan— ned for construction each fiscal year, not less than thirty days before the adoption of the budget. If the city undertakes any such projects estimated to cost more than $50,000 with its own forces, t it must keep cost records in accordance with model guidelines to be i t f i i developed by the state Executive Department or by its local equiva- lent. The city must be prepared to show that force account construc- tion results in the "least cost" (1979 Or. Laws, ch. 869). The League of Oregon Cities has published a suggested ordinance format and suggested rules covering these and other public contract policies and procedures for the guidance of city councils that wish to act as public contract review boards. t_. 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E O 'C -C _ E C G a �-0 w C.: C FO+ � 0 0 " a > z°�,s Eo SL cvp o Ca�s.b c o CD RS cc F"• -0 br, 0•gyp L-+ v co'O v `n O G ' U `' cn J V N C d U � th cc � 3 C: co cis a � ccaoc �- � � �' C-' c_ -a c�•+ O is [ ct a _ J co •'O a '• C C p U E L- O J � a ran �' . a L pj a j cV • C v cy u y ti .. _ «, ii icf a '` ` E 0 � a.� OIO O6ip� u O6l � �Cy C E E O E y o ?' E n c C3? •.� rn co ca i i co 3 d c W T c r s a�CL UD 'W N E V O n 3 O V fA T E N C C ci V„ f .y G >+ O C3i u cn E- d -d 3 Q a 0 E co O B •m a0 ,�, p ,� d d C a� j, d L.o b ho In O �: 4 O C B • �� C U a m v G7 'rD v w 3 CO CS T c cz 3 - .n a o a E ., a a •C "O E Lo as WT >' - C a T U 3 % 3 C • C COC)y•� ., ;,� O a w 6i to CZ C C7 T ? O .� U C 0 a , 3 y C'� > �n t X c. G7 T E - a O C — '3 T V-- p O w J v O tic >, � a� O• O C-) y, d x G 5L X = n O L d G y O� -X d c_vi �- O �.0.. y .'^" L-t7 `D p O 3 3 cn `�' G O_ ami a� c� C O ca d .0 T .� O 3 3 ,w E pD y Cc^"i w T-O •--� '~ cUC Ci ..=] C VNi �' c3 L7D •Y a ani• N CD = 7 V d E � '3 cu o a�-o U a o o C s L v X"c E y 0 G= C n � cu U v C. c.. CO'b L•C �> n 30 a� o W a0:7 Ou(!) 3 � = 3 p aL c`w c _ bz r LU w Cl] E 01 T E l O'DONNELL. DATE August 12, 1983 SULLIVAN & RAMIS ATTORNEYS AT LAW TO Tigard/Council File 1727 N W. HOYT STREET PORTLAND. OREGON 97209 2 5 1983 15031 222-4402 FROM EJS RE Meeting with Councilor ` cOtt, August 1 , 1983 On August 1 , 1983 at 10 : 15 a.m. , I met for almost an hour with Councilor Scott. We discussed the following topics : --Control of interfund transfers: Councilor Scott asked if reports on transfers within various budget categories could be the subject of reports to the council and the Budget Committee. I replied that that could be required. --Women in city government: Councilor Scott expressed her concern over the status of women at City Hall and indicated that she would monitor the situation. --Review of Administrator ' s performance: Councilor Scott asked if the council could review the Administrator' s performance more often than annually. I told her that that was a prerogative of the council , if it so desired. --Minutes of meetings: Councilor Scott indicated that she was concerned over the accuracy of minutes of council transactions, especially in executive session. She was aware that recently the council directed that executive session meetings be taped. I directed Councilor Scott' s attention to the open meeting law which required a complete record of the major points in proceedings had before the coulcil and indicated that accuracy and completeness of minutes was a function of staff time as well as the law. Councilor Scott indicated that this was an area in which she would have an interest in the future. --Hiring of personnel: Councilor Scott wondered if the council could have control over the hiring of personnel by the city, i.e. , both new personnel as well as filling existing positions . I responded that, there being no Charter requirement on the matter, this was a matter of council discretion. Therefore, the council could adopt an ordinance requiring all filling of either new appointments or of existing positions to be cleared through it or its designee. Councilor Scott feels that the council should be notified about pending employment applications and see those applications. Councilor Scott feels further -that the council should share their concerns and suggestions with the City Administrator prior to hiring or, alternatively, the council should approve new hirings. --Board and Commission members: Councilor Scott asked if these appointments could be made to be approved by the full council. She is aware of the present system in which a member of the council, the Mayor and the Administrator make recommendations which are reviewed by the council . I EJS:mch 8/12/83 Page 1 O'DONNELL. DATE August 12, 1983 -SULLIVAN & RAMIS ATTORNEYS AT LAW i 1727 N.W. HOYT STREET TO Tigard/Council File PORTLAND. OREGON 97209 1503! 222-4402 FROM EJS RE Meeting with Councilor Scott, 8/1/83 responded that, again, there being no Charter requirement to the contrary, appointments to boards and commissions could be the subject of an ordinance which would require council approval prior to their filling these positions . --"Suggestion Box" : Councilor Scott asked if there could be a temporary suggestion box where issues could be raised on all matters pertaining to city business, but the matters contained in the suggestion box would go directly to the council. Councilor Scott suggested a pilot project whereby such a suggestion box would be available for a limited period of time. I told her that I did not perceive such a receptacle of employee comments to be illegal . Councilor Scott feels that the suggestions made should be sent to the office of the City Attorney. --Setting the agenda: Councilor Scott wanted a greater control by the council over the setting of the agenda, which she perceived to be a function shared between the Administrator and the Mayor. Again, there being no Charter provision otherwise, the council could pass a resolution or r ordinance establishing a process by which the agenda were t established. cc: Bob Jean, City Administrator Councilor Scott C EJS:mch 8/12/83 Page 2 i 'r tn�a� �r,L� lril ` Tuitr _l LLL_.' Instructions Y take for yr•arrted drat everythinrl it says is true. Read the follawing story and 1 Read carefully because, rrr snots , tine stury is deliberately vague . Don' t try to memori ze r t s i nce you can 1 ook Uack a t i t a t any s tyre;��. r t Then read the numbered statements about the story and decide whether you consider each one true, false, or clues tionable. Circling the "T" mens that you feel sure the statement is definitely true . Circling the "F" means you are sure it is definitely false . Circling the "?" means you cannot tell whether it is true or false . If you feel doubtful about any part of a statement , circle the question mark . Take the statements in turn , and (Jo not go back later* to `hinge any of your answers. Do not reread any of the statements after you have answered them. Stor The owner of the ,Adams itanufacturrng Company entered the office of one of liis foremen where he found three employees playing cards . One of them was Carl Young. brother-in-law of foreman Henry Dilson. Dilson , incidentally, often worked late. Company rules did not specifically forbid gambling on the premises, but the president had expressed himself forcibly on the subject. t.s 1 . In brief, the story is about a co; - any owner w o found three T F play i ng ca rds . < 3 �pG � the re5iden walk into the office of one of his forerren.(C'0v­':_1 T F Q T F, \ 3, Company rules forbade ayirtig card on the premises after (�'Jl hours . While the card playing took place rrr l Uilsorr 's offic T F ( ?J the story does not state whether Dilson was pre 1ent.Lv,vE BF Pv�r') �. s on r,e v r• w r k e ul l a t e . (!qr A SDL a4 "-,—r v A''e6tW A47C� T C) ? 6, Lamb-l-rfyg on the prens _t_i_se .>of the Adams Manufacturing T F Company was no-t punished 7 . Carl Young was not cards when the .,presrder�`w,:lked in. r F 8, Three employees were�1b1i4in a foreman " office . T F ? 9, While the card players weredzur- rrise when the owner walked T F f ? I in. it is not clear- whether or, not they will be punished. 10, henry Dilson is arl Young' s brother-in-law.(�Ap� T F O 11 . The president is oppose to gambling on company premises . T F � ? 12. Carl Young did riot take part in the card game in Henry Dilson's T F O ice.. T. A corporation owner found three erupinYer_s 1►i•1ying taros T F� .LhIA T DGI.5 IIIL' `_ Tllity _1 LLL Instructions Read the following story arid tike for granted that everythir,y it says is true. Read carefully because. rn spots , the Stur•y is deliberately v,lgue. Don' t try to memorize It since you can look beck It it at any stotlr. Then read the numbered statements about the story arid decide whether you consider each one true, false, or questionable. Circling the "T" means that you feel sure the statement is definitely true. Circling the "F" mans you are sure it is definitely false. Circling the "?" means you cannot tell whether it is true or false. If you feel doubtful about any part of a statement, circle the question mark . Take the statements in turn, and du not go back late+• to change any of your answers. Do not reread any of the statements after you have answered them. Story The owner of the Adams sManufacturrng C0111pany entered the office of one of his foremen where he found three employees playing cards . One of them was Carl Young. brother-in-law of foreman Henry Gilson. Dilson, incidentally. often worked late. Company rules did not specifically forbid gambling on the premises, but the president had expressed himself forcibly on the subject. st?�"_)Mcnts 1 . In brief, the story is about a company owner who found three T F �. men playing cards . P 2. The president walked into the office of one of his foremen. T F (?� 3. Company rules forbade playing cards on the premises after T F hours . 4. While the card playing took place in Henry Dilson 's office. T F the story does not state whether Dilson was present. S. Dilson never worked late . 1 T Fj 5. Gambling on the premises of the Adams Manufacturing T F Company was not punished . fi 7. Carl Young rias not playing cards when the president walked in. T F 8. Three empluyees were c,ttmbling in a foreman' s office . T F AN& 9. While the card players were surprised when the owner walked T F ` in, it is not clear whether or, not the will be y punished. iO. henry Dilson is Carl Young's brother-in-law. j 11 . The president is opposed to gambling ,on company premises . T F `. 12. Carl Young did not take part in the card yame in Henry Dilson's T F Office . S 3. A corporation owner found three employees Inlaying carat . T F f 3 -!F7 Tom�3nt We.Sre & pruess`4z1."�lliiflt lit�eA tcs mV �anaaisl the 9a2m�mC 'Cecina their ,tsenf rare oir,thilswggbE 4 �-- `five IiHg.';`- t .� t �•� y s watri&anefo -an. rH tii tie xueenn8!9rs aver,::how1ea ie gCrlor m axHl3e iater�tt:lcrnt T y GYP. 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