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HomeMy WebLinkAbout25. 20-323 JULY 14, 2020 20-323 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: AMEND COUNCIL, BOARD AND COMMISSION RULES INITIATED BY: CITY ADMINISTRATION WHEREAS, Chapter 2 of the City's Municipal Code has been amended to clarify the procedure in the event a council member declines to vote for the purpose of conforming to long standing practice which does not count the vote as either yea or nay and for which an explanation has not been required but left to individual member discretion; and WHEREAS,the Council has previously adopted Council rules for its meetings and standard rules for Board and Commission meetings; and WHEREAS, it is appropriate to amend such rules to conform to the code changes and practice and to conform the rules for Boards and Commissions to Council Rules. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Common Council Rules of Order and Oshkosh Board and Commission General Rules of Order are hereby adopted and shall be in full force and effect on and after the passage of this Resolution. rr fof Oshkosh TO- Mayor and Members of the Common Council FROM. Lynn A. Lorenson, City Attorney DATE. July 9, 2020 RE. Amend Council,Board and Commission Rules BACKGROUND Earlier on the Council Agenda, the Council will adopt various code updates including an update to Chapter 2 of the City's Municipal Code to clarify the procedure in the event a council member declines to vote. The amendment proposes to amend the code language to match long standing practice which does not count the vote as either yea or nay and for which an explanation has not been required but left to individual member discretion. In addition to the provisions within the Municipal Codebook governing meetings, the Council has previously adopted Council rules for its meetings and standard rules for Board and Commission meetings. ANALYSIS The proposed resolution will amend the Council, Board and Commission Rules to include a statement addressing "voting present" and the counting, or non-counting of those votes. The rule also addresses situations where a member(s) failing to vote reduces the Council, Board or Commission below a quorum required for action. In the case of a Commission, the matter may be adjourned and taken up at the next meeting or forwarded to Council without recommendation and notes that consideration should be given to an applicant's wishes in making this determination. In the case of Council, the matter would be adjourned. In either case, the matter could also be taken up under the reconsideration section of the rules at the same meeting. In addition to this change, the rules for boards and commissions were also updated to include the civility pledge in the text of the rules as was recently amended in the Council rules. City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us City 4. of Oshkosh FISCAL IMPACT There is no anticipated financial impact associated with these amendments. RECOMMENDATION Staff recommends approval of the proposed amendments to the Council, Board and Commission Rules. Respectfully Submitted, Approved. Lynn . Lorenson Mark A. Rohloff City Attorney City Manager City Hall,215 Church Avenue P.O. Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us AV Oshkosh Common Council Oshkosh Rules of Order Adopted: July 14, 2020 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, 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 A. Action Items: Council Members must have agenda items submitted 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. 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.) 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. Council Liaisons for Boards and Commissions shall have voting rights. Control of the Agenda Action Second Debatable2 Amendable Vote Required Required3 Withdraw from Agenda' Yes Yes No Majority Remove Item from Consent Agenda No No No None Consider Items out of the Scheduled Yes No No 2/3 Order, Change the Agenda Order Suspend Rules Yes No No 2/3 Taking up Items of Business Action Second Debatable2 Amendable Vote Required Required3 Adopt an Ordinance or Resolution, Yes Yes Yes Majority of all §64.07(3) Wis. Stats. members (4 members) Other Original Motions (new business) Yes Yes Yes Majority Amend an Original Motion Yes Yes Yes Majority Divide the Issue Yes No Yes Majority Withdraw Motion (by Proposer, with Consent by No No None consent of the Second) Second Layover(Table) until a time certain Yes No No Majority Take an item off the Table Yes No No 2/3 Suspend Rules and Adopt an Ordinance Yes No No 2/3 on First Reading Limiting/ Extending or Ending Debate Action Second Debatable2 Amendable Vote Required Required3 Call for the Question (Close Debate)—no No No No None objection raised Call for the Question (Close Debate)— No No No 2/3 objection raised Limit or Extend Debate Yes No Yes 2/3 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. Changing Previous Actions Action Second Debatable2 Amendable Vote Required Required3 Amend Previously Adopted Motion Yes Yes Yes Majority with Notice; 2/3 without prior Notice Reconsider(member of the prevailing side Yes Yes No Majority 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 action) Yes Yes Yes Majority with Notice; 2/3 without prior Notice Questions/Concerns and Other Issues Outside Substance of Debate Action Second Debatable2 Amendable Vote Required Required3 Point of Order(if rules are not being No No No Chair Rules observed) Parliamentary Inquiry (help with No No No Chair parliamentary procedure, how to do provides something) assistance Point of Information (to ask a question) No No No Chair obtains answer Question of Privilege (some person or No No No Chair directs thing is interfering with the deliberative corrective process, ie. too noisy, too hot or cold, action belligerent person or member) Appeal Chair's Decision Yes Yes No Majority 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. Ending a Meeting Action Second Debatable2 Amendable Vote Required Required3 Adjourn (ends/closes the meeting) Yes No No Majority Recess (short break that does not end Yes No Yes Majority meeting) Adjourn Sine Die (adjourn without future Yes No Yes Majority 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 Required3 Nominations No No No None Close Nominations (by Declaration of Yes No Yes 2/3 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 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. 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. Actions/Motions 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. Abstentions / Voting Present. In the event that a member declines to vote, that member shall not be counted toward the number present and shall not have their vote counted as either "aye" or "no" in relation to the matter. If a member's declining to vote causes the Council to fall below a quorum voting on the matter, the matter shall be scheduled for consideration at the next meeting of the Council when a quorum may be present, unless statutory or ordinance time limits or other considerations or limitations with respect to the particular matter require the Council to take action prior to the next regular meeting. In such case the Council may convene a special meeting to consider the matter or take such other action as may be appropriate with regard to the matter. 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. Oshkosh Board and Commission Oshkosh General Rules of Order Revised July 14, 2020 Rules of Procedure I. Rules of Decorum A. Adoption of Civility Pledge. All participants in city meetings shall conduct themselves according to the Civility Pledge adopted by the Council on June 14, 2011 by Resolution 11-270. • 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, board or commission 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 Presiding Officer. If the conduct continues, the Presiding Officer may order the person removed and the Board or Commission may make a fact finding whether such behavior was outside the scope and content of the rules and, if applicable, whether the behavior was of a character to cause a breach of the peace. II. Rules pertaining to Individuals addressing Boards and Commissions Boards and Commissions may make such rules pertaining to individuals addressing matters coming before the board or commission or to individuals making general statements to the board or commission as the members thereof may determine. III. Attendance/Excusal from Meetings Except in the case of emergency, to be considered an excused absence from a meeting a members of boards or commissions must give notice to the staff person assigned to the board or commission at least 24 hours prior to the meeting's start time. Prior notice allows for notification to alternate members or for cancellation and rescheduling of meetings in those cases where a quorum of members may not be present. IV. Rules pertaining to Conduct of the Meetings/Motions The following chart is adopted to govern the most common motions and actions to be taken at board and commission meetings. The Council has chosen 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 Required2 Withdraw from Agenda' Yes Yes No Majority Remove Item from Consent Agenda No No No None Consider Items out of the Scheduled Yes No No 2/3 Order, Change the Agenda Order Suspend Rules Yes No No 2/3 Taking up Items of Business Action Second Debatable Amendable Vote Required Required2 Original Motions (items of business) Yes Yes Yes Majority Amend an Original Motion Yes Yes Yes Majority Divide the Issue Yes No Yes Majority Withdraw Motion (by Proposer, with Consent by No No None consent of the Second) Second Layover(Table) until a time certain Yes No No Majority Take an item off the Table Yes No No 2/3 Limiting/ Extending or Ending Debate Action Second Debatable Amendable Vote Required Required2 Call for the Question (Close Debate)—no No No No None objection raised Call for the Question (Close Debate)— No No No 2/3 objection raised Limit or Extend Debate Yes No Yes 2/3 Administration may withdraw an item from the agenda prior to the meeting convening; after the meeting has convened only the Committee may withdraw items from the agenda. Z Unless otherwise indicated majority or super-majority votes are counted as a percentage of the members present and voting Changing Previous Actions Action Second Debatable Amendable Vote Required Required2 Amend Previously Adopted Motion Yes Yes Yes Majority with Notice; 2/3 without prior Notice Reconsider(member of the prevailing side Yes Yes No Majority 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 action) Yes Yes Yes Majority with Notice; 2/3 without prior Notice Questions/Concerns and Other Issues Outside Substance of Debate Action Second Debatable Amendable Vote Required Required2 Point of Order(if rules are not being No No No Chair Rules observed) Parliamentary Inquiry (help with No No No Chair parliamentary procedure, how to do provides something) assistance Point of Information (to ask a question) No No No Chair obtains answer Question of Privilege (some person or No No No Chair directs thing is interfering with the deliberative corrective process, ie. too noisy, too hot or cold, action belligerent person or member) Appeal Chair's Decision Yes Yes No Majority Z Unless otherwise indicated majority or super-majority votes are counted as a percentage of the members present and voting Ending a Meeting Action Second Debatable Amendable Vote Required Required2 Adjourn (ends/closes the meeting) Yes No No Majority Recess (short break that does not end Yes No Yes Majority meeting) Selection of Officers or Temporary Chair, if required Action Second Debatable Amendable Vote Required Required2 Nominations (call 3 times) No No No None Close Nominations (by Declaration of Yes No Yes 2/3 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 Unless otherwise indicated majority or super-majority votes are counted as a percentage of the members present and voting 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. Actions/Motions 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 Committee upon the occurrence of a specific event; 5) To Call the Question; 6) To Divide the Issue; 7) To Amend; or 8) 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 secretary to the committee and no member shall be permitted to change his/her vote on a matter once a succeeding member has cast his/her vote. Abstentions / Voting Present. In the event that a board or commission member declines to vote, that member shall not be counted toward the number present and shall not have their vote counted as either "aye" or"no" in relation to the matter. If a member's declining to vote causes the board or commission to fall below a quorum voting on the matter, the board or staff may ask the applicant if they wish to have the matter scheduled for consideration at the next meeting of the board or commission when a quorum may be present or if the applicant wishes to have the matter forwarded to council without recommendation. Staff shall consider the wishes of the applicant, any statutory or ordinance time limits and any other considerations or limitations with respect to the particular matter in determining whether to reschedule the matter before the board or commission for further consideration, forward the matter to Council or take other action as may be appropriate with regard to the matter. 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 body or shall require return upon a specific occurrence within a specified time frame. If the occurrence shall not happen within the specified time frame, the staff person assigned to the board or commission shall notify the committee 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. When considering motions to lay over, the board or commission shall consider the wishes of the applicant, any statutory or ordinance time limits and any other considerations or limitations with respect to the particular matter as may be appropriate. Reconsideration. Except as action may have already been taken in reliance upon the prior 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 committee by notifying the staff person assigned to the committee 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 presiding officer shall ask whether there is any objection to calling the question. If no objection is voiced, then the secretary 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, 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 Chair or Temporary Chair when there shall be only one member put forward for election. Suspension of the Rules. The committee shall not be permitted to suspend any rule adopted by the Council and applicable to the committee. A vote of two-thirds of the members present may suspend the order of business or any rule adopted by the committee.