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HomeMy WebLinkAbout41. Direction to Staff on Council Chamber Modifications/Revised Council Rulesy J Oshkosh DATE: July 20, 2017 TO: Honorable Mayor and Members of the Common Council FROM: Mark A. Rohloff, City Manager and Jon Urben, General Services Manager SUBJECT: Direction to Staff Following Workshop on Council Chamber Renovations At the July 11 workshop, staff presented the report and recommendations from the Council committee established to review environmental changes in the Council chambers. The purpose of these changes were to seek improvements to make the Council meetings flow more efficiently, facilitate public input, and address potential safety issues. Now that the Council has reviewed the options, staff is seeking direction in order to achieve Council's goal of implementing these changes by September 1, 2017. Some of these changes require the amending of Council rules. The proposed rule changes are attached for Council's review. Please note that staff recommends a rule change to remove public comment on Council amendments after a motion has been made. Typically amendments are offered as a result of prior public comment. Furthermore, seeking public input and requiring speaker registration at the same time will be logistically difficult. Staff also recommends that the public input be identified as a "request to speak". Public input is not a mandate, and staff believes that Council should reserve the right to grant a request to a member of the public after following the proper procedures. Furthermore, the rules need to be clear so that if a member of the public does not comply, the Council may cite a specific violation of the rules as grounds to deny a request. Items for Council's review are as follows: To date, the following items are underway or completed: • Council Member RTS (request to speak) System • Citizen/Public Speaking Registration at Council Meetings (public kiosk, mobile app, etc.) • Change the lock on 406 dais/hallway door that will result in the door always being locked from hallway but can be used to exit Staff requests that the following items be addressed by Council: A. Council rules (see attached) B. New Consent Agenda Procedure - The items on the consent agenda will be presented as a whole and not read individually. A Council member or any member of the public may request to remove an item from the consent agenda. C. On Screen Graphics showing full council agenda will begin scrolling prior to the meeting at 6:00 PM in lieu of reading the entire consent agenda D. Staff Podium with reserved staff seats E. Department Head "Floater" Assignment with Nameplates on dais F. Restructure the audience seating within the Chambers so that the front row is no closer than the staff end of the dais G. Post signage outside of Council Chambers double door entrance noting prohibited items H. Have a police officer seated near the public podium to encourage meeting decorum and to facilitate any materials distribution by the public to the City Clerk I. Consider a preamble presentation within the Chambers at 5:55 p.m. for each meeting with reminders on meeting decorum, request to speak procedures, prohibited items, and how to present materials to the Council Please review these items and be prepared to provide staff with direction on the outstanding items. Assuming that Council consensus can be reached, staff will bring the items back for formal Council approval in August. Meanwhile, staff will begin the process to provide public information on the new rules and procedures so that the community is aware of them prior to the September implementation date. Council Preamble 5:55 PM Start Time Thank you for coming tonight • Please ensure that your cell phones are either turned off or on vibrate. • Please refrain from conversation during the meeting or any other activity that would disrupt the meeting • Those persons who wish to make a statement to Council related to an agenda topic or during citizen statements should sign up at the Request to Speak kiosk prior to addressing Council or through the Connect Oshkosh mobile app. • Speakers will be called in the order of registration • Persons speaking during citizen statements must address items that are not listed on the Council meeting agenda for action and are limited to issues that have an impact on the City of Oshkosh and that the Common Council may address at a future meeting, and must not include endorsements of any candidates or other electioneering. • Items on the agenda should be addressed at the time they are considered. • When speaking to an agenda item please address only that particular agenda item. • Citizens are to address the Council only and to refrain from personal comments and attacks. • Statements are limited to five (5) minutes. If you require more time please inform the Mayor at the beginning of your presentation. • If you wish to present documents or items to Council and have not already provided them to the City Clerk please provide them to me (officer) and I will provide them to the City Clerk for distribution to the Council. Thank you Oshkosh Common Council Oshkosh Rules of Order Adopted March 14, 2017 Proposed Revisions July 2017 in Italics Proposed Deletions in 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. C. Prohibited Items. 1. Food and Beverages 2. Firearms and ammunition of any type 3. Knives, blades, razors, edged or sharp objects and striking devices 4. Mace or pepper spray 5. Illegal drugs or substances 6. Explosives and flammable substances 7. Noisemakers 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 GeunGil proposes aR amendment to a resolution OF 0FdiRanGe, the GeURGil Will permit additional publiG GGITIment speGifiG only te the amendment and its opo,.+ (NOTE: Exception to the five (5) minutes may be made at the discretion of the Council.) 1. In order to facilitate public input and the flow of the Council meeting, members of the public wishing to address Council on agenda items shall complete a "Speaker Registration Form" at the electronic kiosk outside the Council Chambers, or may complete the Form through other electronic methods made available by the City of Oshkosh. This form will be made available prior to and during the Council meeting. Members of the public shall be called to speak in the order that requests are received, unless Council decides otherwise. One form shall be required for each agenda item. If the speaker has any handout to provide Council, handouts shall be submitted to a city staff member for distribution to Council. Accommodations may be permitted by Council due to technical difficulties with completing the electronic form, or to accommodate needs of the public wishing to address 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. In order to facilitate the flow of the Council meeting, members of the public wishing to address Council under Citizen Statements shall complete a "Speaker Registration Form" at the electronic kiosk outside the Council Chambers, or may complete the Form through other electronic methods made available by the City of Oshkosh. This form will be made available prior to and during the Council meeting. Members of the public shall be called to speak in the order that requests are received, unless Council decides otherwise. If the speaker has any handout to provide Council, handouts shall be submitted to a city staff member for distribution to Council. Accommodations may be permitted by Council due to technical difficulties with completing the electronic form, or to accommodate needs of the citizen wishing to address Council. 4. 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. 5. 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. Using the "Request to Speak" technology available, the Mayor shall generally recognize Council Members' request to speak in the order that such requests are received. Council Members shall use proper discretion and decorum in limiting their questions or comments to the issue at hand and to provide an opportunity for their colleagues to participate in the discussion at hand. The Mayor shall determine if the Council member should yield the floor to a colleague to continue discussion. 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 Required Debatable2 Amendable Vote Required3 Withdraw from Agenda' Yes Yes No Majority Remove Item from Consent Agenda No No No None Consider Items out of the Scheduled Order, Change the Agenda Order Yes No No 2/3 Suspend Rules Yes No No 2/3 Taking up Items of Business Action Second Required Debatable2 Amendable Vote Required3 Adopt an Ordinance or Resolution, §64.07(3) Wis. Stats. Yes Yes Yes Majority of all 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 of the Second) Consent by Second No No None 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 on First Reading Yes No No 2/3 Limiting/ Extending or Ending Debate Action Second Required Debatable2 Amendable Vote Required3 Call for the Question (Close Debate) — no objection raised No No No None Call for the Question (Close Debate) — objection raised No No No 2/3 Limit or Extend Debate I 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 Debatablez 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 Debatablez 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. 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.