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RESOLUTION NO. 2__~__
(Series of 1985)
A RESOLUTION ADOPTING CITY COUNCIL RULES AND REGULATIONS
WHEREAS, the City Council of the City of Aspen is empowered
to establish the rules of procedure governing meetings of the City
Council of the City of Aspen, and
WHEREAS, Resolution No. 2 (Series of 1971) adopted Standard
Rules of Procedure governing City Council meetings and the meet-
ings of the Boards and Commissions of the City, and
WHEREAS, the City Council deems it advisable to repeal the
Standard Rules of Procedure adopted by Resolution No. 2 (Series of
1971) as they pertain to the City Council and establish the
annexed City Council Rules and Regulations dated August 28, 1985,
in order to provide a more stable and consistent method for the
conduct of such meetings.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That the City Council hereby adopts the annexed City Council
Rules and Regulations of the City of Aspen, Colorado, establishing
procedures for the conduct of its meetings. Said Rules and Regu-
lations shall replace and supercede the rules governing the pro-
cedure of City Council meetings adopted by Resolution No. 2
(Series of 1971).
Section 2
That the City Council may, from time to time, establish addi-
tional procedures as they deem necessary.
Dated: ~~/~t~ ~ ~ 1985.
RECORD OF PROCEEDINGS
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Colorado, at a meeting
I, Kathryn S. Koch, duly appointed and acting City Clerk do
certify that the foregoing is a true and accurate copy of that
resolution adopted by the City Council of the City of Aspen,
~ ~-~ 1985.
held _ ~___~_~ .... ,
aathryn S .~och, -~-~f~ ---
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CITY COUNCIL RULES AND REGULATIONS
CITY OF ASPEN, COLORADO
August 28, 1985
TABLE OF CONTENTS
SECTION !
Rules of Journal ............................................................................................ I
SECTION II
Meetings ............................................................................................................ I
SECT ION I I I
Agenda ............................................................................................................... 2
SECTION IV
Presiding Officer - Duties .................................................................... 2
SECTION V
Call to Order - Presiding Officer ..................................................... 2
SECTION VI
Roll Call ............................................................................................................. 2
SECT ION V I I
Quorum ............................................................................................................. 3
SECTION VIII
Order of Business ....................................................................................... 3
SECTION IX
Procedures for Debate ............................................................................ 4
SECTION X
Rules of Debate ............................................................................................ 4
SECTION ×I
Addressing the Council .......................................................................... 5
SECTION XII
Decorum ................... ~ ........................................................................................ 6
SECTION XlIl
Enforcement of Decorum ...................................................................... 6
SECTION XIV
Voting ................................................................................................................ 6
SECTION XV
Procedures for Debate During Public Hearing ..................... 8
SECTION X¥I
Petitions ..........................................................................................................
SECTION X¥II
Ordinance Emergency Clause ........................................................... 9
SECTION XVIII
Special Committees ................................................................................. 10
SECTION XVIX
Use of Staff .................................................................................................... 10
SECTION XX
Enforcement of Suspension and Amendment of Rules... 10
SECTION XXI
Rules of Order .............................................................................................. 10
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CITY COUNCIL RULES AND ltEGULATIONS
CITY OP ASPKN. COLORADO
SECTION I-RULES OF JOURNAL:
The Council shall determine its own rules, order of business, conduct of
public meetings, and shall provide for keeping a journal of its proceedings.
This journal shall be a public record.
SECTION Il-MEETINGS:
The Council shall meet regularly at least twice each month. Regular meetings
will normally convene on the second and fourth Mondays of the month at
5:00 p.m. in the Council Chambers, or other properly noticed location, and
adjourn promptly by or before 9:00 p.m..
Study sessions will be scheduled by minute action as needed, with at least
twenty-four hours advance public notice. No formal action shall be taken
during a work session.
Special meetings may be called by minute action of the council or upon
written request of the Mayor or of any two or more members of the council,
on at least 24 hours written notice to each member of the council served
personally or left at the members usual place of residence; a special meeting,
however, may be held on shorter notice if all members of the council are
present or have waived notice thereof in writing. Simultaneous notice to the
media shall be required for all special meetings.
Executive sessions may be held for the purposes allowed by the Aspen Open
Meeting Law, Ordinance No 85-56. No formal action shall be taken during
an executive session.
Work sessions or briefing sessions are permissible to brief councilmembers
on the items included on the agenda. No formal action shall be taken during
a work or briefing session.
Notices of meetings will include the time, place and agenda and will be sent
to the media and posted in a public place at least 24 hours in advance of
meeting. In case of an emergency, notice will be as long as is reasonable
under the circumstances.
Excepting executive sessions, all meetings shall be public.
SECTION Ill-AGENDA:
The City Manager shall confer with the Mayor each Tuesday preceeding a
regularly scheduled meeting to determine items to be included in the
published agenda. AH reports, communications, ordinances, resolutions,
contract documents, and other matters to be submitted to the Council shall
be delivered to the City Manager prior to 5:00 p.m. of the third business day
prior to the council meeting at which they are to be submitted. The City
Manager shall list the matters according to the order of business and furnish
each member of the Council, the City Attorney, and department heads with a
copy of the agenda prior to the Council meeting, as early as possible. No item
shall be submitted to the Council, except through the City Manager; however,
any member of the public, member of the Council, or the City Manager may
submit items to the Council during the Council meeting at the time provided
in the order of business. Excepting emergency actions necessary in
furtherance of the pubiic health, safety, or general welfare, ~
shah be taken on any item not included on the published agenda.
SECTION IV-PRESIDING OFFICER-DUTIES:
The Mayor shall be the presiding officer of the Council. The presiding officer
shall preserve strict order and decorum at all regular and special meetings of
the Council. The Mayor shall state every question coming before the
Council, announce the decision of the Council on all subjects and decide all
questions of order. Any decision or ruling of the Mayor may be appealed to
the Council as a whole by request of any member. The Mayor shall call for
roll call to see if the chair shall be upheld; if the roll call loses, the Mayor is
reversed.
SECTION V-CALL TO ORDER-PRESIDING OFFI~RR:
The Mayor, or in the Mayor's absence, the Mayor Protem shall call the
Council to order at the scheduled meeting time. In the absence of the Mayor
or Mayor Protem, the City Clerk shall call the Council to order. A temporary
presiding officer then shall be elected by the members of the council
present. When the Mayor or Mayor Protein arives, the temporary presiding
officer shall relinquish the chair when the business immediately before the
Council is finished.
SECTION VI-ROLL CALL:
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Before proceeding with the business of the Council, the City Clerk shall cali
the roll of the members, and the names of those present shall be entered in
the minutes.
SECTION VII-QUORUM:
A quorum shall consist of a majority of the members of Council; however, no
action of the Council shall be valid or binding unless adopted by the
affirmative vote of three or more members of the Council (may conflict with
charter).
SECTION VIII-ORDER OF BUSINESS (regular meetings):
a) 1) Call to order
2) Roll Call
3) Scheduled Public Appearances
4) Citizen Comments & Petitions
5) Public Hearings
6) Action Items
7) Information Items
8) Consent Calendar
9) Special Orders of the day
(a) Mayor's comments
(b) Councilmembers' comments
(c) City Manager's comments
10) Executive Session
11 ) Adiournment
The Council may, by majority vote, consider items out of sequence from the
printed agenda.
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b) The consent calendar matters are routine and may be adopted by one
motion. There will be no discussion of separate items, unless members of
the City Council, staff, or the public requests that a specific item be discussed
or removed from the consent calendar for individiual consideration.
c) Procedures for public hearings are discussed in seciton XV.
d) Procedures for submitting petitions are discussed in section XVI.
e) If the City Council wishes to adjourn to a later time, the Council must
pass a motion specifying the date and time to which the regular meeting is
being adjourned.
A motion to adjourn shah always be in order except during roll call.
When a motion is made and seconded to adjourn, any member of the Council
may state why it is improper for the Council to adjourn. That statement,
however, shall not be debatable and shah not take more than two minutes.
SECTION IX-PROCEDURES FOR DEBATE:
On those issues requiring debate, the presiding officer shall state the issue
before the Council. Unless Council by consensus determines no report is
necessary, staff shah have an opoportunity to report on the issue and will
respond to Council questions. Council members shall be allotted time to
present their positions and concerns. Interested members of the community
shall also have an opportunity to express their positions on any issue coming
before the Council. Section XI covers the proper method of addressing the
Council. Council may limit the amount of time allotted for disucssion.
A motion and second on the issue will be allowed after all interested parties
have had an initial opportunity to express their views. Discussion cnn
continue after the motion is made; however, after a motion is on the floor,
except for questions from the Council, discussion shall be restricted to council
members.
SECTION X-RULES OF DEBATE:
a) PRESIDING OFFICER MAY DEBATE AND VOTE, ETC. While the primary
role of the presiding officer is to facilitate deliberations, the Mayor or
member of the Council who is presiding may move, second and debate from
the chair, subject only to such limitations of debate as are imposed on all
members. The presiding officer shall not be deprived of any of the rights
and privileges of a Councilmember.
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b) GETTING THE FLOOR-IMPROPER REFERENCES TO BE AVOIDI~). Every
member desiring to speak shall address the chair, and upon recognition by
the presiding officer, shall confine him or herself to the question under
debate, avoiding all personalities and indecorous languages.
c) INTERRUPTIONS: A member, once recoanized, shall not be interrupted
when speaking unless it is to call the member to order. If a member, while
speaking, is called to order, the member shall cease speaking until the
question of order is determined, and, if in order, shall be permitted to
proceed.
d) PERSONAL PRIVILEGE: The right of a Councilmember to address the
council on a quesiton of personal privilege shall be limited to cases in which
the member's integrity, character, or motives are questioned, or where the
welfare of the council is concerned. A Councllmember may interrupt another
speaker if the Mayor recognizes the "privilege".
e) PRIVILEGE OF CLOSING DEBATE: The Councilmember moving the
adoption of an ordinance or resolution shall have the privilege of closing the
debate.
SECTION XI-ADDRESSING THE COUNCIL:
Any person wishing to address the Council shah first secure permission of
the persiding officer to do so. The Council may limit the length of time that a
person is permitted to address the Council.
WRITTEN COMMUNICATIONS. Interested parties or their authorized
representatives may address the Council by written communications in
regard to matters under discussion.
ORAL COMMUNICATIONS. During the proper time on the agenda, citizens
attending a regular meeting may address the Council on any matter
concerning the City's business, or any matter over which the Council has
control. Oral presentations shall not be repititious and shall be confined to
five minutes maximum duration.
AFTER MOTION MADE. No person shall address the Council after a motion is
made wihtout first securing the permission of the Council to do so.
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SECTION XII-DECORUM:
a) BY COUNCIL MEMBERS. While the Council is in session, the members
must preserve order and decorum. A member shall neither by conversation
or otherwise, delay or interupt the proceedings or the peace of the Council
nor disturb any member while speaking or refuse to obey the orders of the
Council or its presiding officer, except as otherwise herein provided.
b) BY PERSONS. Any person making personal, impertinent, or slanderous
remarks, or who becomes boisterous while addressing the Council, or who
interferes with the order of business before the Council, and who fails, upon
request of the presiding officer to cease such activity, shall be barred from
further audience before the Council, unless permission to continue is granted
by a maiority vote of the Council.
SECTION XIII-ENFORCEMENT OF DECORUM.
The City Manager shall appoint a sergeant-at-arms at the Council meetings.
The City Manager or the City Manager's designee(s) shall carry out all orders
and instructions given by the presiding officer for the purpose of
maintaining order and decorum at the Council meeting. Upon instructions of
the presiding officer, it shall be the duty of the sergeant-at-arms to remove
any person who violates the order and decorum of the meeting.
SECTION XIV=VOTING:
a) ROLL CALL. All votes shall be by roll call
b) PREC~.f)ENCE OF MOTIONS. When a motion is before the council, no
motion shall be entertained except; (1) to limit comment (2) to adjourn, (3)
to fix hour of adjournment, (4) to lay on the table, (5) for the previous
question, (6) to continue to a certain day, (7) to refer, (8) to amend, (9) to
postpone indefinitely or to (10) divide the question. These motions shah
have precedence in the order indicated.
c) AMENDMENTS. No more than one amendment to an amendment is
permitted. When an amendment is before the Council, the Council shall vote
first on the amendment. After the amendment has passed or failed, the
Council shall vote on the main motion.
d) MOTION TO TABLE. The purpose of this motion is to temporarily by-
pass the subject. A motion to lay on the table is undebatable and shall
preclude all amendments or debate of the subject under consideration. If
the motion prevails, the matter may be "taken from the table" at any time
prior to the end of the next regular meeting. A matter taken from the table
cannot be acted upon if it does not appear on the published agenda.
e) MOTION TO CONTINUE The purpose of this motion is to delay
consideration of a subject until a future time. A motion to continue shall
include the specific date when the subject shall again be considered.
f) MOTION FOR PREVIOUS QUESTION. The purpose of this motion is to
close debate on the main motion. It is undebatable, and no further
discussion shall be permitted until the motion is acted upon. If the motion
fails, debate is reopened; if motion passes, then the council shall vote on the
main motion.
g) DIVISION OF QUESTION. If the question contains two or more
divisionable propositions, the Mayor may, or upon successful motion of the
Council shall divide the same.
h) WITHDRAWAL OF MOTION. When a motion is made and seconded, it
shall be so stated by the Chair before debate commences. A motion may not
be withdrawn by the mover without the consent of the member seconding
it.
i) CONFLICT OF INTEREST. Council members shall abide by the
provisions of Section 4.7 of the Aspen City Charter and Ordinance No.50,
series of 1979. When a Councilmember determines he or she has a conflict of
interest, the member shall announce such conflict and refrain from
discussing or voting upon the matter.
j) EX PARTE CONTACTS. Council members shall abide by the provisions
of ordinance No. 87 ( series of 1975) regarding pre-hearing or ex parte
contacts.
k) COUNCILMEMI3ER REQUIRED TO VOTE. Councilmembers are required
to vote on all issues placed before them unless excused under provisions of
subsection h, above.
1) RECORDING VOTES; TIE VOTES. The Journal of the proceedings of the
Council shall record each individual Councilmember's vote on all ordinances,
resolutions, and franchises. In the case of a tie in votes on any motion, the
motion shall be considered lost.
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m) MOTION TO RECONSIDER. A motion to reconsider any action taken by
the Council may be made only on the day the action was taken or at the next
regularly scheduled meeting following the day when the action was taken.
It may be made during the same session or at an adjourned session. A
motion to reconsider must be made by one of the prevailing side, but may be
seconded by any member. A question failing by virtue of a tie vote may be
reconsidered by motion of any member of the Council. The motion may be
made at any time. It shall be debatable. Nothing herein shah be construed
to prevent any member of the Council from making or remaking the same or
any other motion at an subsequent meeting of the Council, ezcept that no
action shall be taken on any subject not included in the published agenda.
SECTION XV PROCEDURES FOR DEBATE DURING PUBLIC HEARING:
Subject to the requirements of Ordinance No. #7 (series of 1975)
incorporated herein by reference, the following shall be the procedure
during public hearings:
1) Brief opening statement by the proponent Initiator explaining and
advocating the item (of approximately five [5] minutes).
2) Staff report, if any, by the appropriate staff members and relevant
questions by Councilmembers limited to approximately five (5) minutes
with the right of any other member to yield all or a portion of such
member's time.
3) Testimony by members of the public who support the item the time
limit for such testimony too be determined by the Council as reasonably
necessary to elicit testimony, concerning the matter under consideration.
4) Testimony by members of the public who oppose the item, the time
limit for such testimony to be determined by the Council as reasonably
necessary to elicit testimony concerning the matter under consideration.
5) Written Communications filed with the City Clerk rend into the record.
6) Discussion by Councilmembers. The order of recognition of Council-
members desiring to speak other than the Councilmember who authored the
item shall be determined by the presiding officer. Each Councilmember shall
be allowed at least one opportunity to speak. The council member shall
limit his or her comments to a reasonable period of time. Any comments of
a member in excess of five minutes may be limited by a motion to limit
comment and immediate majority vote of the members present.
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7) Brief closing statement by the proponent Initiator (limited to
approximately five (5) minutes).
(8) Motion and second.
(9) Vote.
(10) The requirements of Ordinance No. a87 (series of 1975) shall govern
in the event of any conflict with these procedures.
SECTION XVI-PETITIONS:
Any citizen of the City may appear before the Council at any regular meeting
and present a written petition. The petition shall be acted upon by the
Council, in the regular course of business, within thirty days. Petitions,
remonstrances, commmunications and comments or suggestions from citizens
present, shall be heard by the Council. All such remarks shall be addressed
to the Council as a whole, and not to any member thereof. No person other
than the individual speaking shall enter into the discussion without the
permission of the presiding officer. No question shall be asked of a
Councilmember except through the presiding officer.
SECTION XVII=ORDINANCE-EMERGENCY CLAUSE
Ordinances shall be prepared as provided for in sections 4.8 through 4.14 of
the City of Aspen Charter. No ordinance making a grant of any special
privilege, levying taxes, or fixing rates charged by any city-owned utility
shall ever be passed as an emergency measure.
SECTION XVIII=SPECIAL COMMITTEES
When the Council determines that a board, commission task force, or
citizen's committee is needed the following procedure shall be used:
a) The party proposing the creation of the board, commission, task force,
or citizen's committee will prepare the appropriate Council action (either an
ordinance or a resolution) defining the purpose, duties and objectives of the
committee and whether it is to be an ad hoc or continuing committee. If
proposed as an ad hoc committee, the Council action shall specify when the
committee's work is to begin and to conclude (Section 8.4 of the Charter).
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b) That ordinance (or resolution) will be submitted to the City Manager
for placement on an agenda for Council discussion.
c) The Council shall approve, modify, or reject the ordinance
resolution).
d) Once a board, commission, task force, or citizen's committee is
approved, the City Clerk shall publish notice soliciting interested and
qualified volunteers to file application for appointment.
e) The Council shall interview all applicants and announce its selections
and appointments at a regular meeting.
f) Terms of appointment to any board, commission, task force, or
citizen's committee shall not exceed four years and there shah be no
limitation on the number of terms a member may serve. City charter
requires that all permanent boards and commissions including advisory and
appeal boards shall be created by ordinance which shall set forth the policies
and duties delegated to such boards and commissions. Temporary, ad hoc
committies may be created by resolution.
SECTION XVIX-USES OF STAFF
No Councilmember shall request from the City Manager any staff project that
entails over two hours of staff work without seeking approval of the full City
Council. This rule pertains only to an individual research request by an
individual Councilmember.
SECTION XX-ENFORCEMENT, SUSPENSION, AND AMENDMENT OF
RULES
Enforcement of these rules shall be incumbent upon the City Council of
Aspen. These rules may be suspended or amended by majority vote of the
councilmembers present.
SECTION XXI-RULES OF ORDER
The rules of parlimentary practice, comprised in Mason's Rules of Order.
latest edition, shah govern the Council in all cases to which they are
dO
applicable, provided they are not in conflict wi~ ~ese Rules or wire the
Charter of the City of Aspen.
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