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HomeMy WebLinkAboutresolution.council.002-71C aspen. PEN 3 box v / February 1, 1971 MEMORANDUM TO: Mayor and City Council FROM: City Clerk SUBJECT: Rules of Procedure The Home Rule Charter provides and states under Section 4.1, "The Council shall determine the rules of procedure govern- ing meetings". Also it is felt, the different boards and commissions of the City need some guidelines to follow in conducting their meetings. Therefore, I have prepared a draft of "Standard Rules of Procedure" which are attached. These rules have been reviewed by Mr. Wurl and Mr. Kern and their comments are incorporated in this draft. I am submitting these to you and would appreciate your comments. Following your comments, the next step would be adoption by resolution of the City Council. Lorraine Graves City Clerk RECORD OF PROCEEDINGS 100 Leaves RESOLUTION NO. (Series of 1971) WHEREAS, the City Council of the City of Aspen is empowered to establish the rules of procedure governing meetings of the City Council and Boards and Commissions of the City. AND WHEREAS, the City Council deems it advisable to establish rules of procedure in the conduct of its meetings and the meetings of the Boards and Commissions of the City for the purpose of providing a stable and consistent method for the conduct at such meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aspen that it hereby adopts the Rules and Procedures for the conduct of its meetings and the meetings of the City's Boards and Commissions which rules are incorp- orated herein and attached hereto. BE IT FURTHER RESOLVED that the Boards and Commissions of the City may, from time to time, establish additional pro- cedures as they deem necessary. Dated this ~7~ day of ~~ _ , 1971. I, LORR~INE GI~VES, duly elected City Clerk of the City of Aspen, Colorado, do hereby certify that the foregoing is a true and correct copy of the Resolution adopted by the Aspen City Council at the regular meeting 1971. N? 75 II. STANDARD RULES OF PROCEDURE OF THE CITY OF ASPEN AGENDA a. Open meeting, stating the type of meeting: regular, special, executive, study session or adjourned meeting. b. Roll call. c. Minutes - approve, disapprove or approve as amended. d. Agenda items - In preparing agendas, as a matter of public relations, it is a good idea when someone from the audience is present to speak, they be first on the agenda. TYPES OF MEETINGS Regular: 1. Standard meeting time Commission. established by Council, Board or o b. Special: 1. Established by special notice delivered to members on at least 24 hours written notice. (See additional require- ments for special council meetings in City Charter.) 2. Only business listed on the notice can be considereq. c. Executive Session: 1. Closed to the general public. 2. NO FORMAL ACTION can be taken. d. Study Session: 1. May be open to the public. 2. NO FORMAL ACTION can be taken, informal discussion only. 3. Purpose of study session is generally to review programs problems of any nature. eo Adjourned Meeting: 1. Ail or any business may be conducted at a regular meeting. and If the hour is late, Council, Board or Commission may wish to adjourn the meeting to a specific time in which to con- sider the remaining items on the agenda. Page 2. III. PUBLIC HEARINGS a. Procedure: 1. The Chair opens the public hearing. 2. The Chair states the topic for consideration. 3. *If ordinance applies, ordinance maybe read by title or in full and an explanation of what is being considered is stated by the Chair. 4. **Applicants or proponents' presentation. 5. ** Opponents' presentation, reading of remonstrances etc. 6. ** Applicants' or proponents' rebuttal. 7. ** Opponents' rebuttal. 8. General comments. 9. Questions from Council, Board or Commission members· 10. Close public hearing, continue the public hearing or adjourn the hearing to another time. Additional time may be required, in which case, the hearing can be continued or adjourned to a specific time. 11. Disposition by the Council, Board or Commission. When a decision is reached, the motion should include a brief explanation outlining the reasons for the decision or this should be stated by the Chair following the motion. * Pertains to City Council only. ** Pertains and applies to liquor hearings, zoning hearings, appeals to the Board of Adjustment or Board of Examiners and Appeals. IV. VOTING a. Roll call: 1. Vote by polling each member individually. Each member ans- wering "YES" or "NO". b. Voice vote: Chairman or Mayor calls for the vote by saying, "Those in favor of the motion signify by saying 'aye'," and "Those opposed by the same sign. The Chair MUST announce the result of carried or motion defeated. The vote Chair announces it. the motion by saying motion is not official until the d. Conflict of Interest: If a member has a direct personal or financial interest in the matter to be voted upon, he shall abstain. Any member abstaining from voting shall state his reason for abstaining before the vote is taken. Page 3 2. Abstention shall be counted as a vote on the prevailing side. IMPORTANT PARLIMENTARY RULES Ail speakers must always be recognized by the Chair before speaking. A motion or second may be withdrawn at anytime before the vote is taken. c. Discussion on a motion maybe had only after a second to the motion has been made. MOTIONS IN ORDER OF PRIORITY DEBATABLE AMENDABLE COMMENTS Adjourn No Appeal the ruling of the If original Chair question was. As to time only. No Not in order dur- ing voting. Recognition from floor not needed; must immediately follow ruling. Recess No. Privilege,Information, Order No. As to time only. No. Recognition from floor not needed; second not needed. Suspend Rules No. No. Table No. No. Previous Question Limit Debate No. Reconsideration of Motions Yes, if orig- inal question was debatable. No. As to time only. No. Only by member of prevailing side; only at same meet- ing or next reg. meeting. Postpone to a definate Yes Yes time Amend Yes Once Must be germane to main motion. Main Motion Yes Yes Only when no other motion is pending. Page 4. e. Explanation of Above: Main Motion: This is a motion to take action. It is the standard way to bring an item of business to the floor of a meeting for consideration. Rules on Main Motion: a. In order only when no other motion is pending. 2. Motion to Amend: Amendments are alterations of the wording oa a motion, but must be germane to the main motion. Rules of Motion to Amend: a. Has priority over main motion only. Occasionally, an informal procedure may be followed whereby the proponent of a motion may accept or reject, with the consent of the seconder, amendments to his motion without submitting to a vote. He will generally accept "perfecting" amendments but reject those which would change the sense of the main motion. 3. Withdrawl of a Motion: A person who has made a motion or has seconded a motion may withdraw it prior to vote on the motion. a. A person who has made a motion shall have permission of the seconder to withdraw. Motions to Postpone or Table: Motions may be made to postpone to another time, or to table. These are aimed at removing, at that time, the pending motion from the floor and from further consideration. 5. Methods of Limiting Debate: Debate should be adequate but not interminable. There are two ways to limit debate: Ruling by the Chair. The Chair may rule at the outset, after a motion has been seconded, that discussion will be limited in time. Motion to limit debate. A Councilman or Board member may move that debate on the main motion have a time limit. Such motion has priority over the main motion. Moving the Previous Question: After the debate has proceeded beyond a reasonable time, a councilman or board member may move the previous question. In effect, he moves that discussio be terminated at that point and the motion voted on. Motion to Reconsider: Occasionally, after action by the Counci to adopt or reject a motion, an individual board member or councilman who had voted with the prevailing side may have changed his views and may feel that further discussion might cause the board or council to modify or reverse its action. In such a case, he may move that the Council's action be recon- sidered. This motion, if adopted, returns the original motion to the floor for action by the Board or Council. Page 5. 10. 11. 12. 13. Points of Privilege~ Information and Order: Any member may interrupt a meeting to obtain vital information, to ask for relief from conditions of annoyance, or to request that proper form in conducting the meeting be observed. Personal or General Privilege: This covers such items as asking that the door be closed, the windows be opened, theheat be turned up etc. It is sometimes used if a person has been attacked personally on the floor, and could not otherwise answer the charges in the normal course of procedure. Point of Information: A person may ask for a restatement of a motion, repetition of other information relevant to the motion on the floor, or to ask a question of another speaker. Such questions are addressed to the chair, and the answer directed to the chair as well. Parliamentary Inquiry: A member may inquire when it would be in order for him to bring up a subject, ask the basis of a ruling by the chair, inquire what the business before the Council or Board is at the moment, or other questions of procedure. Point of Order: A member who believes that the meeting is proceeding out of order may ask correction of the order. Rules on points of privilege, order and information: a. Councilman or board member may interrupt one who has the floor. bo He does not have to be recognized by the chair. co Councilman or Board member having the floor must yield when interrupted. Appealing the Ruling of the Chair: When the chair makes a ruling any Councilman or Board member may appeal the ruling to the Council or Board at large if he thinks it unfair or incorrect procedure. Rules on appeals from the ruling of the chair: a. Appeal must be made immediately following the ruling in question. b. Councilman or Board member who appeals may interrupt another who has the floor. c. Debatable if the ruling of the chair applies to a debatable motion; not debatable if ruling applies to an undebatable motion, such as the motion to table. 14~ Motion to Adjourn; Rules on motion to adjourn: ao Is not debatable b. Yields only to motion to fix time in which to adjourn. Drafted January 1971