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HomeMy WebLinkAbout28. Council Rules AW Oshkosh Common Council Oshkosh Rules of Order Proposed Changes (Identified by Council Member and Highlighted Below) For consideration on April 21, 2020 Rules of Council Procedure I. Rules of Decorum Palmeri: A. Adoption of Civility Pledge. All participants in Council meetings shall conduct themselves according to the Civility Pledge adopted by the Council on June 14, 2011 by Resolution 11-270, as noted below: • Pay Attention - Be Aware of Others & Sensitive to the Immediate Context of Actions • Listen Closely - Understand Other Points of View • Be Inclusive - Welcome All; Don't Exclude Anyone • Don't Gossip - Remind Others of the Importance of this Practice • Show Respect - Honor Others (Especially in Disagreement) • Be Agreeable - Find Opportunities to Agree • Apologize Sincerely - Repair Damaged Relationships • Give Constructive Comments, Suggestions & Feedback - No Personal Attacks (Focus on Issues) • Accept Responsibility - Don't Shift Blame; Share Disagreements Publicly B. General Rule of Decorum. No person shall personally attack a council member, city official, city employee or any other person. For purposes of this section personal attacks shall include comments directed at a particular person or persons which pertain to any matter that is unrelated to the performance of official duties or the conduct of city business, are threatening, slanderous, defamatory or obscene or are of such a nature that the comments disrupt the meeting or cause a disturbance. No person shall make irrelevant, unduly repetitious, offensive, threatening, slanderous, defamatory, or obscene remarks or act in such a manner as to disrupt or disturb the orderly conduct of any meeting, including handclapping, stomping of feet, whistling, shouting or other demonstrations. Any person violating this provision shall be called to order by the Mayor. If the conduct continues, the Mayor may order the person removed and the Council may make a fact finding whether such behavior was outside the scope and content of the council rules and, if applicable, whether the behavior was of a character to cause a breach of the peace. II. Rules pertaining to Individuals addressing the Council A. Individuals speaking to the Council regarding agenda items are limited to one appearance per person of no more than five (5) minutes per agenda item. Whenever the Council proposes an amendment to a resolution or ordinance, the Council will permit additional public comment specific only to the amendment and its effect. (NOTE: Exception to the five (5) minutes may be made at the discretion of the Council.) B. Citizen Statements. 1. Individuals speaking to the Council under the heading "Citizen Statements to Council" are limited to five (5) minutes. (NOTE: Exception to the five (5) minutes may be made at the discretion of the Council.) 2. Individuals may address the Council only and must address items that are not listed on the Council meeting agenda, except for those items listed under City Manager or Council Member Statements. 3. Statements are limited to issues that have an impact on the City of Oshkosh and that the Common Council may address at a future meeting. 4. Statements must not include endorsements of any candidates or other electioneering. III. Rules pertaining to Timing of Submissions for Inclusion on Council Agendas and Attendance/Excusal from Meetings Palmeri: A r•OUREi Members must have agenda ;+,,ms s„r,, itt a Action Items: Agenda items for action by council must be requested by a minimum of two (2) Council Members no later than 4:00 PM on the Tuesday one week prior to the Council meeting. Council members should keep in mind that additional time may be needed to work with staff to put items into resolution or ordinance form or if clarifications are necessary; and that items submitted after the deadline may not be included in the agenda that is published on the Friday prior to the Council meeting. B. Informational Items: Council members shall inform the City Clerk no later than 12:00 noon on the day prior to the Council meeting of any Council Member Statements that they intend to make at the Council Meeting. C. To be considered an excused absence from a Council Meeting a Council Member must give notice to the Mayor and City Clerk prior to the meeting's start time. Palmeri: IV. Rules pertaining to Council Members speaking to items on the Agenda A. When two or more members simultaneously seek recognition, the Mayor or other presiding officer shall name the order of the members who are to speak. B. Council members speaking under the heading "Council Member Announcements, Statements & Discussion" are limited to five (5) (3) minutes and must not include endorsements of any candidates or other electioneering. (NOTE: Exception to the five(5) (3) minutes may be made at the discretion of the Council.) Palmeri and Poeschl: C. Council Members will be given the opportunity to report on activities of their assigned Boards and Commissions to which they are a liaison. The Mayor will ask each Council Member to provide a report if applicable. Such report shall be limited to one (1) minute per assigned Board/Commission. If greater discussion is required, the item may be scheduled for a future agenda. V. Rules pertaining to Conduct of the Council Meeting/Motions The following chart is adopted to govern the most common motions and actions to be taken at Council Meetings. The Council chooses not to be strictly governed by Robert's Rules of Order, but where the actions listed below or other provisions of these Rules do not govern a particular issue, the most recent version of Roberts Rules of Order may be used for guidance. Palmeri: Options Regarding Council Liaisons 1. Maintain voting rights 2. Liaisons shall be Ex Officio members of the assigned Board or Commission with no voting rights and shall not count towards a quorum. 3. If a Council Member misses more than three (3) assigned meetings as liaison during the year of appointment, the Mayor may nominate a replacement Council Member to replace the current liaison. 4. Eliminate Council Member appointments as liaisons to Boards and Commissions AV Oshkosh Common Council Oshkosh Rules of Order Adopted April 16, 2019 Rules of Council Procedure I. Rules of Decorum A. Adoption of Civility Pledge. All participants in Council meetings shall conduct themselves according to the Civility Pledge adopted by the Council on June 14, 2011 by Resolution 11-270. B. General Rule of Decorum. No person shall personally attack a council member, city official, city employee or any other person. For purposes of this section personal attacks shall include comments directed at a particular person or persons which pertain to any matter that is unrelated to the performance of official duties or the conduct of city business, are threatening, slanderous, defamatory or obscene or are of such a nature that the comments disrupt the meeting or cause a disturbance. No person shall make irrelevant, unduly repetitious, offensive, threatening, slanderous, defamatory, or obscene remarks or act in such a manner as to disrupt or disturb the orderly conduct of any meeting, including handclapping, stomping of feet, whistling, shouting or other demonstrations. Any person violating this provision shall be called to order by the Mayor. If the conduct continues, the Mayor may order the person removed and the Council may make a fact finding whether such behavior was outside the scope and content of the council rules and, if applicable, whether the behavior was of a character to cause a breach of the peace. II. Rules pertaining to Individuals addressing the Council A. Individuals speaking to the Council regarding agenda items are limited to one appearance per person of no more than five (5) minutes per agenda item. Whenever the Council proposes an amendment to a resolution or ordinance, the Council will permit additional public comment specific only to the amendment and its effect. (NOTE: Exception to the five (5) minutes may be made at the discretion of the Council.) B. Citizen Statements. 1. Individuals speaking to the Council under the heading "Citizen Statements to Council" are limited to five (5) minutes. (NOTE: Exception to the five (5) minutes may be made at the discretion of the Council.) 2. Individuals may address the Council only and must address items that are not listed on the Council meeting agenda, except for those items listed under City Manager or Council Member Statements. 3. Statements are limited to issues that have an impact on the City of Oshkosh and that the Common Council may address at a future meeting. 4. Statements must not include endorsements of any candidates or other electioneering. III. Rules pertaining to Timing of Submissions for Inclusion on Council Agendas and Attendance/Excusal from Meetings A. Council Members must have agenda items submitted no later than 12:00 noon on the day prior to the Council meeting. Council members should keep in mind that additional time may be needed to work with staff to put items into resolution or ordinance form or if clarifications are necessary; and that items submitted after the Wednesday prior to the Council meeting will not be included in the agenda that is published on the Friday prior to the Council meeting. B. Council members shall inform the City Clerk no later than 12:00 noon on the day prior to the Council meeting of any Council Member Statements that they intend to make at the Council Meeting. C. To be considered an excused absence from a Council Meeting a Council Member must give notice to the Mayor and City Clerk prior to the meeting's start time. IV. Rules pertaining to Council Members speaking to items on the Agenda A. When two or more members simultaneously seek recognition, the Mayor or other presiding officer shall name the order of the members who are to speak. B. Council members speaking under the heading "Council Member Announcements, Statements & Discussion" are limited to five (5) minutes and must not include endorsements of any candidates or other electioneering. (NOTE: Exception to the five (5) minutes may be made at the discretion of the Council.) V. Rules pertaining to Conduct of the Council Meeting/Motions The following chart is adopted to govern the most common motions and actions to be taken at Council Meetings. The Council chooses not to be strictly governed by Robert's Rules of Order, but where the actions listed below or other provisions of these Rules do not govern a particular issue, the most recent version of Roberts Rules of Order may be used for guidance. Control of the Agenda Action Second Debatable Amendable Vote Required Required3 Withdraw from Agenda' Yes Yes No Majority Remove Item from Consent No No No None Agenda Consider Items out of the Yes No No 2/3 Scheduled Order, Change the Agenda Order Suspend Rules Yes No No 2/3 Taking up Items of Business Action Second Debatable Amendable Vote Required Required3 Adopt an Ordinance or Yes Yes Yes Majority of Resolution, §64.07(3) Wis. Stats. all members (4 members) Other Original Motions (new Yes Yes Yes Majority business) Amend an Original Motion Yes Yes Yes Majority Divide the Issue Yes No Yes Majority Withdraw Motion (by Proposer, Consent by No No None with consent of the Second) Second Layover (Table) until a time Yes No No Majority certain Take an item off the Table Yes No No 2/3 Suspend Rules and Adopt an Yes No No 2/3 Ordinance on First Reading Limiting/ Extending or Ending Administration may withdraw an item from the agenda prior to the meeting convening; after the meeting has convened only the Council may withdraw items from the agenda. 2 By Council Rule, every Motion before the Council is debatable. 3 Unless otherwise indicated majority or super-majority votes are counted as a percentage of the members present and voting. By statute a majority vote of all members of the Council is required to adopt any ordinance or resolution. §64.07(3)Wis. Stats. Debate Action Second Debatable2 Amendable Vote Required Required3 Call for the Question (Close No No No None Debate) —no objection raised Call for the Question (Close No No No 2/3 Debate) —objection raised Limit or Extend Debate Yes No Yes 2/3 Changing Previous Actions Action Second Debatable2 Amendable Vote Required Required3 Amend Previously Adopted Yes Yes Yes Majority Motion with Notice; 2/3 without prior Notice Reconsider (member of the Yes Yes No Majority prevailing side may request the body to reconsider its previous action-- must be made during the same meeting or the next succeeding regular meeting) Rescind (repeal/reverse a prior Yes Yes Yes Majority action) with Notice; 2/3 without prior Notice Questions/Concerns and Other Issues Outside Substance of Debate Action Second Debatable2 Amendable Vote Required Required Point of Order (if rules are not No No No Chair being observed) Rules Parliamentary Inquiry (help with No No No Chair parliamentary procedure, how to provides do something) assistance Point of Information (to ask a No No No Chair question) obtains answer Question of Privilege (some No No No Chair person or thing is interfering with directs the deliberative process, ie. too corrective noisy, too hot or cold,belligerent action person or member) Appeal Chair's Decision Yes Yes No Majority z By Council Rule,every Motion before the Council is debatable. 3 Unless otherwise indicated majority or super-majority votes are counted as a percentage of the members present and voting. By statute a majority vote of all members of the Council is required to adopt any ordinance or resolution. §64.07(3)Wis.Stats. Ending a Meeting Action Second Debatable2 Amendable Vote Required Required Adjourn (ends/closes the meeting) Yes No No Majority Recess (short break that does not Yes No Yes Majority end meeting) Adjourn Sine Die (adjourn without Yes No Yes Majority future date —used to end/close the session of Council prior to seating of new Council upon election) Selection of Officers or Temporary Chair, if required Action Second Debatable2 Amendable Vote Required Required Nominations No No No None Close Nominations (by Yes No Yes 2/3 Declaration of Chair or by Motion) (if by motion) Election of Nominees No Yes No Majority Reopen Nominations Yes No Yes Majority Temporary Selection of Chair in absence or disability of Chair and Vice may be done by selection of the Chair and Consent of Board z By Council Rule,every Motion before the Council is debatable. 3 Unless otherwise indicated majority or super-majority votes are counted as a percentage of the members present and voting. By statute a majority vote of all members of the Council is required to adopt any ordinance or resolution. §64.07(3)Wis.Stats. Motions. No motion requiring a second shall be discussed or acted upon unless and until it has received a second. Motions may be withdrawn by the person making the same, if the motion has received a second, then the person seconding the motion must also consent to the withdrawal of the motion. Motions may only be amended by another motion and second (There shall be no "friendly amendments" to motions) or by withdrawal of the motion and a new motion made. ActionslMotions in Order during Debate. When a question is under debate, no other action or motion shall be in order, except: 1) Questions/Concerns and Other Issues Outside the Substance of Debate as identified within the table above; 2) To recess; 3) To adjourn; 4) To lay the matter over to a specific date or to be returned to the Council upon the occurrence of a specific event; 5) To Call the Question; 6) To refer to a Board or Commission for additional review or action; 7) To Divide the Issue; 8) To Amend; or 9) To withdraw the motion. The items listed above shall have precedence in the order in which they are listed. Vote Change. A member shall only be permitted to change his/her vote upon a matter at the time their name is called by the Clerk and no member shall be permitted to change his/her vote on a matter once a succeeding member has cast his/her vote. Motions to Lay Over shall include Date or Time Frame for Action. Motions to lay over shall include a specific date to be returned to the Council or shall require return to the Council upon a specific occurrence within a specified time frame. Except for matters which may be approved by operation of law if not acted upon by Council, if the occurrence shall not happen within the specified time frame, the City Clerk shall notify the Council at the end of the time frame that the matter shall not be brought forward and make appropriate notation to the minutes of the meeting during which the matter was laid over. Upon notice of non-action by the City Clerk, any Council member may request that the matter be placed upon the next Council agenda for report or official action. Reconsideration. Except as action may have already been taken in reliance upon the council's approval/disapproval of an item, any member who voted with the prevailing side on any question may move for reconsideration of a vote at the same meeting or at the next succeeding regular meeting of the Council by notifying the City Clerk of the member's request to have the reconsideration included on the Agenda for the next succeeding regular meeting. A motion to reconsider having been put and lost shall not be renewed by the same or any other member. Termination of Debate / Calling the Question. Any member wishing to terminate debate may move the previous question (call the question). The Mayor or other presiding officer shall ask whether there is any objection to calling the question. If no objection is voiced, then the Clerk shall record unanimous consent to terminate the debate. If an objection is voiced, a roll call vote shall be taken and 2/3 of members present shall be required to terminate the debate. If debate is terminated, the question, including any pending amendments, before the Council shall be taken without further debate. Use of Unanimous Consent. Unanimous Consent shall only be used for termination of debate, motions to adjourn, motions to recess and for elections for Deputy Mayor or Temporary Chair when there shall be only one member put forward for election. Amendment of these Rules. These Rules may be amended or new rules adopted upon proper notice by a majority of all members at any meeting of the Council. Suspension of the Rules. A vote of two-thirds of the members present will suspend any Rule of the Council. VI. Rules pertaining to Duties of the Deputy Mayor The Deputy Mayor shall be responsible for ensuring that the annual evaluation of the City Manager is accomplished and the goals for the City Manager are developed and approved annually. JUNE 14, 2011 11-270 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: EXPRESSING COUNCIL'S SUPPORT FOR THE OSHKSOH CIVILITY PROJECT AND ENDORSING THE OSHKOSH CIVILITY PLEDGE INITIATED BY: CITY ADMINISTRATION WHEREAS, the Oshkosh Civility Project has been created by a group of community leaders as follows: the Oshkosh Area Community Foundation; the University of Wisconsin-Oshkosh; the Oshkosh Northwestern; Oshkosh Area United Way; Oshkosh Public Library; Oshkosh Area School District; and the Oshkosh Chamber of Commerce; and WHEREAS, the leaders of the Oshkosh Civility Project have asked other community leaders to ceremonially endorse the Oshkosh Civility Pledge; and WHEREAS, individual members of the Oshkosh Common Council and city management have participated in discussions to improve our community through a dedication to the principles of civility; and WHEREAS, the Oshkosh Civility Project seeks the formal endorsement of the City of Oshkosh in the Oshkosh Civility Project; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh: 1 . That the Oshkosh Common Council endorses the Oshkosh Civility Pledge, which states as follows: We built a stronger and more diverse community by actively sharing our ideas and opinions with others in thoughtful and considerate ways. By practicing this basic commitment to civility, we learn and grow from one another— even in disagreement. 2. That the Council will endorse and put into practice the identified skills by the Oshkosh Civility Project that are designed to promote civility. 3. That the Council will, through its actions, endorse these principles and skills by following these basic rules of decorum at Council Meetings and encourage the public to practice these principles in matters coming before the Oshkosh Common Council. Boards and Commissions Summary Ord Number of Term Frequency of Name Statute Ref. or Council Rep. of Citizen Liaison Ref Members Members Meeting BID Board 66.1109 2-38 13+2 alt. None 3 years Dept. of Comm. Monthly Development Landmarks 62.27(7) 2-48 7+2 alt 1 3 years Dept. of Comm. Monthly Commission (em) Development Library Board Chapter 43 2-49 9 including None 3 years Library Director Monthly reserved seat for Superintendent of OASD Plan Commission 62.23 2-52 9+2 alt 1 3 years Dept. of Comm. 2 per month Development Extraterritorial 62.23(7a)(c) 2-52.1 3+2 alt None 3 years Dept. of Comm. As needed per Zoning Development year Committee Board of Police& 62.13 2-53 5 None 5 years Dept. of Monthly Fire Administrative Commissioners Services Board of Review 70.46 2-56 5+2 alt None 5 years City Clerk/City Varies on Attorney objections Board of Zoning 62.23(7)(e) 2-59 5+2 alt None 3 years Dept. of Comm. Monthly Appeals Development Housing 66.1201-66.1211 None 5,no more than 2 1 (NR) 5 years Authority Board city Redevelopment 66.1333 Res 03-65 7 1 5 years Dept. of Comm. Every other Authority Development month NR = Not Required Updated April 2020 Boards and Commissions Summary Name Statute Ref. Ord Number of Council of Citi rm Liaison Frequency Members Rep. of Meeting Ref Members Long Range None 2-44 9 2 3 years Director of Monthly Finance Finance Committee Sustainability None 2-42 9+2 Alt 1(NR) 3 years Dept. of Comm. Monthly Advisory Board Development Rental Housing None 2-59.2 7+2 Alt 1 3 years Dept. of Comm. Bi-monthly Development Bicycle& None 2-39 7+2 Alt 1 3 years Dept. of Comm. Monthly Pedestrian Development Advisory Committee Commission on 106.50 2-43 5 None 3 years Dept. of Comm. None Equal Development Opportunity in Housing Public Arts& None 2-47 7+2 alt 1 3 years Dept. of Comm. Monthly Beautification Development Committee Committee on None 2-37 9+2 Alt 1 3 years Senior Services Monthly Aging Manager Advisory Park None 2-51 9 1 3 years Parks Director Monthly Board NR = Not Required Updated April 2020 Boards and Commissions Summary Parking&Traffic 7+2 alt 1 3 years Director of Monthly Advisory Board Transportation Transit Advisory None 2-58 7+2 alt 1 4 years Director of Monthly Board Transportation Public Museum None 2-54 7+2 alt None 3 years Museum Director Monthly Board Storm Water 66.0805(6) 2-60 5 None 3 years Director of Public Monthly Utility Appeals Operation& Works Board management assigned to Director of Public Works Section 14-3 Municipal Code NR = Not Required Updated April 2020 Boards and Commissions Summary Term Ord Number of Council of Frequency Name Statute Ref. or Liaison of Ref Members Rep. Citizen Meeting g Convention&Visitors 15 1 (NR) Council Member Every Bureau Board (Herman) other Month Grand Opera House (NR) Council Member Foundation Board (Pech) NR= Not Required Updated April 2020