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HomeMy WebLinkAboutagenda.council.worksession.20240603AGENDA CITY COUNCIL WORK SESSION June 3, 2024 4:00 PM, City Council Chambers 427 Rio Grande Place, Aspen I.Work Session I.A Bob's Rules of Order presentation by Bob Widner Zoom Meeting Instructions Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://us06web.zoom.us/j/89810592588? pwd=na2fnzw8h3ZMD88LMAjPzarSJTwX94.1 Passcode: 81611 Or join by phone: Dial: US: +1 346 248 7799 Webinar ID: 898 1059 2588 Passcode: 81611 International numbers available: https://us06web.zoom.us/u/kXzuvD2mk 06032024 Bob Widner presentation.docx Widner Speaker Bio.pdf Aspen - Bob's Rules of Order 2024 RCW Handout Version.pdf 1 1 MEMORANDUM TO:Mayor and City Council FROM:Jenn Ooton, Senior Project Manager THROUGH:Sara Ott, City Manager MEMO DATE:May 26, 2024 MEETING DATE:June 3, 2024 RE:Bob’s Rules of Order presentation by Bob Widner _____________________________________________________________________ REQUEST OF COUNCIL:This is a presentation by Bob Widner regarding Bob’s Rules of Order, which is a book published in 2023 to provide a simplified version of Robert’s Rules of Order for use by City Councils and other local governments. DISCUSSION: City Council’s currently adopted rules are set forth in Resolution 51, Series 2005 and reference Roberts Rules of Order as the rules for parliamentary practice during meetings. The council could at a future meeting adopt different rules of order to govern City Council meetings. RECOMMENDATIONS:None. This is a presentation by Bob Widner. CITY MANAGER COMMENTS: 2 Robert (Bob) Widner Bob Widner is a founding partner of the Colorado local government law firm of Widner Juran LLP. For more than 35 years, Bob has served as the city, town, and county attorney for a wide variety of communities throughout Colorado. Since 2004, Bob has served as the City Attorney for the City of Centennial, one of Colorado’s larger municipalities. Bob is the 2020 recipient of the Marvin J. Glink Private Practice Local Government Attorney Award from the International Municipal Lawyers Association (IMLA). The award is conferred annually upon one attorney internationally that exemplifies excellence in the practice of municipal law, outstanding service to the public and exemplary reputation, and meets the highest of ethical standards. He is one of only 150 attorneys internationally to hold a Fellowship with IMLA and holds an AV Preeminent peer review rating by Martindale Hubbard (preeminent knowledge and skill, highest ethical standard). Bob is a former two-time President and a current Executive Board member of the Colorado Municipal League (since 2015), a former adjunct professor of land use law with the University of Colorado Law School (2012-2022), and a frequent conference speaker and author of publications and articles advancing local government interests. In 2023, Bob published Bob’s Rules of Order for Colorado Local Governments, a set of simplified parliamentary procedures for local government public meetings. He received a bachelor’s degree in Geography and a master’s degree in Urban and Regional Land Use Planning, both from the University of Colorado, and earned his juris doctor degree from the University of Kansas School of Law. Bob can be reached at rwidner@lawwj.com. 3 Robert (Bob) Widner Widner Juran LLP Bob’s Rules of Order For Colorado Local Governments 4 Road Map • “Bylaws” vs. “Rules of Order” • Need & Benefit of Rules of Order • Robert’s Rules of Order (1876) • Bob’s Rules of Order Terminology Rules Points Motions • Questions City of Aspen, Colorado 5 Bylaws vs. Rules of Order City of Aspen, Colorado 6 Bylaws & Rules of Order Bylaws • Organization & Management of the Body • Largely Specific to the Body • Charter, Statutes & Policies for Meetings Rules of Order • Procedures for Decision Making • Can be Uniform for Similar Bodies Who We Are & What We Can Do Begin End © Robert C. Widner 7 BYLAWS RULES OF ORDER Purpose & Powers Members, Officers & Removal Absences - Number & Excused Types of Meetings, Remote How to Call a Meeting Quorum Requirements Conflicts of Interest Agenda Preparation Voting Methods Decorum And more… Determining Quorum Presiding Officer’s Role Disclosing Conflicts & Recusal Accessing the Floor Available Motions Form of Motion & Second Limits on Debate Voting – Yes, No, Abstaining Suspending & Deviating Rules And more… © Robert C. Widner 8 Somewhat “Hardwired” More Challenging to Change Easy to Change, Deviate, or Suspend During Meeting Rules of Order Bylaws © Robert C. Widner 9 Rules of OrderBylaws Adopts Rules of Order Requires Compliance with Both Rules and Bylaws © Robert C. Widner10 o Speak whenever, often, and as long as want o “Domination by the Dominant” o Mayor Too Powerful or Mayor Ineffective o No Obligation for Mayor to Grant Floor! o Inconsistent Process or No Real Process o Conflict with 1st Amendment & Due Process o The Myth of “We Self Regulate” The “Ruleless” Meeting City of Aspen, Colorado 11 No Rules = No Required Compliance! City of Aspen, Colorado 12 Benefit of Rules of Order City of Aspen, Colorado EFFICIENCYFAIRNESSDEFENDING DECISIONS 13 “Best” Rules of Order? • Reasonably Simple & Understandable • Tailored to Purpose, Authority & Law • Reasonably Comprehensive • Allows for Flexibility • “Fits” with Historic/Cultural Practices • Accepted & Followed Consistently © Robert C. Widner14 City of Aspen, Colorado 15 City of Aspen, Colorado 16 17 • 803 Pages • 96 Motions • Good for Large Legislative Bodies • But For Typical Local Government? o Very Difficult to Quickly Reference o Some Conflicts with Colorado Law o Unacceptable Procedures for Local Government o No recognition of Quasi-judicial Procedures o Simply Not Used or Usable – “As It Is” © Robert C. Widner18 Some Too Simplistic Some More Complex than Needed Are Not Rules – More General Discussion Do Not Address Quasi-Judicial Meeting Issues Do Not Recognize Local Government Obligations 19 20 Options? • Yes, Robert’s Rules of Order • Custom-Tailored Rules • Another Government’s Rules • Bob’s Rules of Order 21 • Not a “Shameless Plug” • Product of 34 years of: o +1,600 Public Meetings & Hearings o Meeting Frustrations & Problems o Successful Meeting Practices o Listserv Issues & Questions o Actual Use & Improvements © Robert C. Widner22 • Just the Basics Needed • (Hopefully) Simplistic Enough • Provides Flexibility • Amendable • Conforms to Colorado Law • Addresses Quasi-Judicial Obligations © Robert C. Widner23 “The How” To Stuff 1 - 15 Terminology 16 - 19 Rules 20 - 91 Class & Hierarchy 92 - 94 Points 95 - 102 Motions 106 - 139 Executive Sessions 140 - 144 © Robert C. Widner24 TYPE MOTION FLOOR?WHEN IN ORDER?SECOND?DEBATABLE?VOTE? POINT Order No Any time No No No Information No Any time No No No Appeal No Immediately following Presiding Officer’s decision No No Majority of quorum MAIN Principal Motion Yes When no motion is pending Yes Yes Majority of quorum usually but may depend on special law. Rule 7.6 Reconsider Yes When no motion is pending but with limited availability. Section 19 Yes Yes, only as to the reason to reconsider 2/3 of quorum Adjourn Yes When no motion is pending Yes Yes Majority of quorum APPENDIX C Bob’s Rules of Order Summary Table of Points and Motions TYPE MOTION FLOOR?WHEN IN ORDER? SECOND ?DEBATABLE?VOTE? MAIN Continue or Postpone Yes When no motion is pending Yes Yes Majority of quorum SUBSIDIARY Yes When a Principal Motion is pending Yes Yes Majority of quorum Amend a pending debatable motion Yes When a debatable motion is pending Yes Yes Majority of quorum Close Debate Yes When a debatable motion is pending Yes No 2/3 of quorum PRIVILEGED Recess Yes Any time Yes No Majority of quorum Executive Session Yes Any time Yes No 2/3 of quorum © Robert C. Widner25 APPENDIX B List of Rules for Reference 1.0 The Meeting Generally Rule 1.1 Any state or local law that concerns the conduct of a meeting is a part of the Rules of Order to the extent the law is applicable to the Body. Rule 1.2 The meeting agenda will be followed unless properly amended or modified. Rule 1.3 The Body may presume that any legally required public notice for the meeting and for each agenda item was properly completed. Rule 1.4 A Member shall disclose a conflict of interest and recuse themselves from both participation and voting when required by applicable state or local law. © Robert C. Widner26 Terminology City of Aspen, Colorado 27 Terminology “Nothing to See Here” Agenda Item Amendment Body Debatable Motion Floor Member Motion Moving Member Objection Out of Order Open Point Presiding Officer Quorum Second Withdraw City of Aspen, Colorado 28 • “Discussion” and “Debate” Discuss Motion Debate • “Debatable Motion” • “Objection” Terminology City of Aspen, Colorado 29 • “Continue” and “Postpone” • “Abstain” and “Recuse” Abstain - No Legal Impediment to Vote vs. Recuse - Legal Impediment to Participate & Vote Terminology City of Aspen, Colorado 30 Terminology City of Aspen, Colorado • Point of Order (Bring the Body into Compliance) • Point of Information (Obtain Urgently Needed Information) • Point of Appeal (Appeal Presiding Officer Decision) 31 RULES 32 The Set Up of the Rules General Quorum Presiding Officer Floor Motion & Second “Friendly Requests” Vote Suspension/Deviation City of Aspen, Colorado 33 The General Rules City of Aspen, Colorado 34 Rule 1.1 Any state or local law that concerns the conduct of a meeting is a part of the Rules of Order to the extent the law is applicable to the Body. © Robert C. Widner35 Rule 1.2 The meeting agenda will be followed unless properly amended or modified. © Robert C. Widner36 Rule 1.3 The Body may presume that any legally required public notice for the meeting and for each agenda item was properly completed. © Robert C. Widner37 Rule 1.4 A Member shall disclose a conflict of interest and recuse themselves from both participation and voting when required by applicable state or local law. © Robert C. Widner38 Rule 1.5 A motion is not required for the Body to initiate discussion. © Robert C. Widner39 Rule 1.5 - Quasi-Judicial Application • Due Process – An Impartial, Unbiased, and Neutral “Tribunal” • Problem – “Motion to Approve” Before Evidence & Testimony • Related Issue o Questioning/Position Statements Prior to Motion © Robert C. Widner40 Rule 1.6 The record for each decision of the Body includes all information presented to the Body that pertains to the decision, all discussion and debate of the Body in reaching the decision, and all laws and local policies applicable to the decision. © Robert C. Widner41 Rule 1.7 The Body’s decision on a matter is presumed to be supported by the record and by reasonable inferences drawn from the record. © Robert C. Widner42 Rule 1.8 A meeting formally ends only upon the Presiding Officer’s declaration of adjournment without objection or upon the approval of a Motion to Adjourn. © Robert C. Widner43 The Quorum City of Aspen, Colorado 44 Rule 2.1 A quorum of the Body is required for the Body to conduct business unless otherwise expressly provided by the Body’s bylaws or the Rules of Order. © Robert C. Widner45 Rule 2.2 Unless otherwise provided by the Body’s bylaws or other applicable law, a majority of the total membership of the Body who are present and eligible to vote shall constitute a quorum. © Robert C. Widner46 Rule 2.2 •First, Look to Bylaws for Any Quorum Requirement •Default = “Majority of Total Membership” who are Present” and “Eligible to Vote” • Quorum is Continuing Requirement YES YES NO © Robert C. Widner47 Rule 2.3 A request to be excused from the meeting while a motion is on the Floor, if granted, shall be effective: + Upon the granting of the request if the excuse is due to a lawfully recognized conflict of interest; or + Upon the granting of the request if the excused Member’s absence will not deny the Body of a quorum; or + Upon the final vote or other final resolution of the pending motion if the excused Member’s absence will deny the Body of a quorum. © Robert C. Widner48 Rule 2.4 A Member’s unexcused absence while a motion is on the Floor shall not affect the quorum until the final vote or other final resolution of the motion. © Robert C. Widner49 Rule 2.5 In the absence of a quorum, the Presiding Officer, the Members present, or an administrative staff member shall: + Postpone the unresolved agenda item(s) to the next regular meeting; and + Adjourn the meeting (if meeting lacks quorum). © Robert C. Widner50 Rule 2.5 NOTE: Postponing Quasi-judicial Matters Clearly state that the postponement is to a specific DATE, TIME, and PLACE. vs. “Hey, Come Back Next Thursday!” 51 The Presiding Officer City of Aspen, Colorado 52 Rule 3.1 The Presiding Officer shall be the exclusive director and facilitator of all meeting conduct. © Robert C. Widner53 Rule 3.2 The Presiding Officer serves as the parliamentarian unless the role is assigned to another person. © Robert C. Widner54 Rule 3.3 The Presiding Officer is entitled to the same rights as a Member unless otherwise limited by law. © Robert C. Widner55 Rule 3.4 The Presiding Officer may exercise discretion during the meeting subject to a Point of Order or a Point of Appeal. 56 Rule 3.5 The Presiding Officer shall facilitate the meeting in a fair and neutral manner and, whenever practicable, defer to the Members to initially lead discussion, offer motions, and direct debate. © Robert C. Widner57 The Floor City of Aspen, Colorado 58 Rule 4.1 The Floor is required to address the Body. © Robert C. Widner59 Rule 4.2 A Member shall be granted the Floor by the Presiding Officer when properly requested in accordance with the Rules of Order and local meeting practice. 60 Rule 4.3 A Member’s right to the Floor is limited to five minutes. © Robert C. Widner61 Rule 4.4 A Member may obtain the Floor only once until all other Members are offered an opportunity to obtain the Floor. © Robert C. Widner62 The Motion City of Aspen, Colorado 63 Rule 5.1 A motion is required for the Body to take a formal action. © Robert C. Widner64 Rule 5.1 The “So Moved” Motion • Authorized as Exception to a Formal Motion • The Motion is Clearly Understood by the Body • Presiding Officer has discretion to Accept (Good to Summarize for Clarity) • Simple Objection Defeats & Forces Formal Motion © Robert C. Widner65 Rule 5.2 A motion shall propose an affirmative proposition in clear and understandable language that is limited to either a “yes” or a “no” vote. © Robert C. Widner66 Rule 5.2 •Three Essentials to a Properly Stated Motion Affirmative = Changes the Status Quo Clearly Understandable Asks for a “Yes” or “No” Response 67 Rule 5.3 A motion requires a second. © Robert C. Widner68 Rule 5.4 To be placed on the Floor for the Body’s consideration, the Presiding Officer must acknowledge that the motion was properly stated and seconded in accordance with Rules 5.2 and 5.3. © Robert C. Widner69 Rule 5.4 Presiding Officer’s Duty to Ensure a Proper Motion for the Floor  Affirmative  Clear and Understandable  Asks for a “Yes” or “No” Vote.  Received a Second But What If Presiding Officer Improperly Blocks a Motion? Point of Order Point of Appeal 70 Rule 5.5 A motion, once acknowledged by the Presiding Officer and placed on the Floor, is owned by the Body. © Robert C. Widner71 Rule 5.6 The Presiding Officer shall offer the Moving Member the first opportunity to speak to a debatable motion. © Robert C. Widner72 The “Friendly Requests” City of Aspen, Colorado 73 Friendly Requests?? • Two Circumstances Where Efficiencies Can Exist: •Amendment of Motion •Withdrawal of Motion • Typically Requires Formal Motion to Amend or Withdraw. • But Sometimes……. •We All know the Amendment Makes Sense •We All know the Withdraw is Needed 74 Rule 6.1 A Friendly Amendment is authorized only for a debatable motion, and the amendment of the motion will be effective unless a Member objects. © Robert C. Widner75 Rule 6.2 A Friendly Withdrawal is authorized only for a debatable motion, and the amendment of the motion will be effective unless a Member objects. © Robert C. Widner76 “Debatable” Motion? Non-Debatable: Definitive and Singular Proposition to Act  Close Debate  Recess  Executive Session Debatable:  Principal Motion  Continue or Postpone  Amend  Reconsider (Limited Debate)  Adjourn 77 The Vote City of Aspen, Colorado 78 Rule 7.1 The Presiding Officer’s call for the vote closes the Floor. © Robert C. Widner79 Rule 7.2 Proxy or absentee voting is not permitted. © Robert C. Widner80 Rule 7.3 A Member may not explain their vote after the call for the vote. © Robert C. Widner81 Rule 7.4 Neither the Moving Member nor the Member offering a second on a motion must advocate or vote in favor of the motion. © Robert C. Widner82 Rule 7.5 Each Member eligible to vote on a motion shall vote either “yes” or “no.” © Robert C. Widner83 Rule 7.6 The approval of a motion requires a vote of a majority of a quorum unless a greater number of votes is required by the Rules of Order or by law. © Robert C. Widner84 Rule 7.7 The approval of a motion by the required vote shall decisively approve the motion’s proposition or question. © Robert C. Widner85 Rule 7.8 The failure of a motion to receive the required vote for approval shall decisively disapprove the motion’s proposition. © Robert C. Widner86 Rule 7.9 A Member shall not change their vote after the announcement of the final vote except in exceptional circumstances with the approval of the Presiding Officer. 87 Rule Suspension/Deviation City of Aspen, Colorado 88 Rule 8.1 The Presiding Officer may suspend certain rules. © Robert C. Widner89 Rule 8.2 The Body may suspend certain rules. © Robert C. Widner90 Rule 8.3 An inadvertent and non-substantive deviation from a rule by the Presiding Officer or the Body without objection from a Member is authorized and intended. © Robert C. Widner91 Class & Priority City of Aspen, Colorado 92 Priority •Privileged = Any time Motion •Any Point (Order, Information, Appeal) •Recess •Executive Session •Main = Only When No Motion is On the Floor •Principal Motion •Continue or Postpone an Upcoming Matter on the Agenda •Reconsider •Adjourn •Subordinate = Only When Main Motion is on the Floor •Amend •Continue or Postpone a Matter when Motion is on the Floor •Close Debate 93 Points & Motions City of Aspen, Colorado 94 Points (3) • Point of Order (Bring the Body into Compliance) • Point of Information (Obtain Urgently Needed Information) • Point of Appeal (Appeal Presiding Officer Decision) 95 Motions (Only 8) • Principal Motion • Motion to Continue or Postpone • Motion to Amend • Motion to Close Debate • Motion to Reconsider • Motion to Recess • Motion to Adjourn • Motion for Executive Session 96 Motions (Only 8) •Principal Motion • Motion to Continue or Postpone • Motion to Amend • Motion to Close Debate • Motion to Reconsider • Motion to Recess • Motion to Adjourn • Motion for Executive Session 97 City of Aspen, Colorado 98