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HomeMy WebLinkAboutOrdinance No. O98-01ORDINANCE NO. 098- 1 IT IS I~REBY ORDAINED by the City Council for the City of Laurel, Montana, that the LAUREL MUNICIPAL CODE is hereby amended to read as follows: Section 1: Section 2.08.140 shall be amended to read as follows: 2.08.140 Order of business. -1- The order of business shall be conducted pursuant to the provisions of Chapter 2.10. Section 2: Chapter 2.10 shall be added to the Code and shall consist of the following: Chapter 2.10 Council Rules of Procedure 2.10.010 General Provisions These rules are supplementary to the provisions of Title 7, Chapter 1, Part 41, MCA, and 7-5-4103, MCA as they relate to procedures for conducting meetings and public hearings before the City Council of the City of Laurel, Montana. -2- 2.10.020 A 2.10.030 A. To assure effective participation by ail members of the Council and to protect the right of participation by all individuals appearing before the Council, all Council meetings and hearings shall be conducted in general conformance with "Roberts Rules of Order Revised", except as otherwise provided by law. Any member of the City Council who has an interest in a matter before the Council shall not vote thereon nor seek to influence the vote of other council members. (See also Part VI, Sec. 1(5) below). The Council shall choose a clerk and such other officers and employees of its own body as are necessary. The City Clerk, shall be known as the Clerk of the Council and the Clerk or such other city employee as the Clerk may designate shall keep records and perform such other duties as may be required by the Council or by law. Duties of the Presiding Officer The Presiding officer of the Council shall be the Mayor who shall arrange the meeting agenda, coordinate the affairs of the Council and preside at all meetings of the Council. In the absence or disability of the Mayor, the President of the Council shail serve as its presiding officer and may vote as other members of the council. The Clerk of the Council shall record and maintain the minutes of the Council's proceedings, showing the vote of each member upon every question, or if failing to vote, indicating that fact; shall keep records of its examinations and other official actions; shail summarize briefly and accurately the substance of all matters proposed, discussed or decided; shall record the names and addresses of all persons appearing before the Council; shall, subject to the direction of the Council and presiding officer, conduct the correspondence of the Council; shail file said minutes and records in the office of the Council, which minutes and records shail be a public record; and shall be the custodian of the files and records of the Council. Meetings Regular meetings of the City Council shall be held on the first and third Tuesday of each month at 7 o'clock p.m. in the Council Chambers of City Hall, or at such other time and place as designated by the Council. Should the regular meeting day be a recognized holiday the Council shall, with proper notice, set an aiternate day for the meeting. -3- Special meetings of the Council may be called in accordance with Sections 7-5- 4102(1)(c) and 7-5-4122, MCA. 2.10.040 A. 2.10.050 A. To ensure public participation all meetings of the Council shall be open to the public except as provided in Section 2-3-203, MCA. A quorum shall consist of 5 Council Members. The affirmative vote of 5 Council members shall be necessary to adopt or reject any motion, resolution, or ordinance or pass any measure unless a greater number is required by statute. Agenda All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Council, shall be submitted by 12 o'clock noon on the Friday immediately preceding the next regularly scheduled Council meeting with the exception that the Mayor may approve late submittals deemed to be in the City's best interest by delivering the same to the Clerk of the Council, whereupon the Mayor shall immediately arrange a list of such matters according to the order of business specified herein, and provide each member of the Council with a copy of the same not later than one working day immediately preceding the Council meeting. Copies of the agenda shall be available to the public from the Clerk of the Council and one copy shall be posted at the designated posting board in the City Hall for public viewing. Pursuant to 7-1-4135 MCA, the City Council designates as its official posting place the posting board in the lobby of City Hall located at 115 West First Street, Laurel, Montana Order of Business The Mayor shall prepare the Council agenda, which shall be in substantially, the following form: 1. Roll Call of the Council. 2. Pledge of Allegiance. 3. Approval of Minutes of the Previous Meeting. 4.* Consent items (no discussion). a. General Business/Miscellaneous b. Renewal of Licenses c. Applications for Special Licenses -4- 2.10.060 A, d. Claims (Paying the Bills) e. Final readings of appropriations which received unanimous vote upon introduction at a previous meeting f. Any item believed by the Clerk of the Council to be routine and not controversial in nature. 5. Scheduled Matters such as: a. Opening of Bids. b. Confirmations of Appointments. c. Appeals. d. Public Hearing (required by law or ordinance) e. Communications f. Reports g. Committee Reports h. Other Scheduled Matters 6. Unscheduled Matters: An item that is not listed on the agenda for the current meeting may be discussed during the session at the discretion of the Council. However, the purpose of such discussion should be to decide whether or not to schedule the item for discussion and vote on a subsequent agenda. As a general rule no matter of significant interest to the public should be decided upon by the Council without prior notice to the public as a scheduled agenda item of the Council, 7. Adjournment *Consent kerns are those upon which the presiding officer considers no discussion should be necessary. However, at the beginning of each meeting any Council Member may request one or more items to be removed from the consent agenda for the purpose of discussion prior to a separate vote on the item(s). The presiding officer should schedule such discussion and vote following adoption of the consent agenda. The order of business may be adjusted by consent of the Council. Rules of' Council Debate Council debate shall proceed in accordance with the following rules: 1. Every member desiring to speak shall address the presiding officer, and upon recognition, shall confine himself/herself to the question under debate, avoiding abusive and indecorous language. 2. A member, once recognized, shall not be interrupted when speaking unless it is to call him to order, or as herein otherwise provided. Ifa member, while speaking is called to order, she/he shall cease speaking until the question of order be -5- 2.10.070 A. determined, and, if in order, he/she shall be permitted to proceed. 3. Order of rotation in matters of debate or discussion shall be at the discretion of the presiding officer. 4. A motion to reconsider any action taken by the Council, may be made only on the day such action was taken or at the next meeting of the Council. Such a motion shall be made by a member of the prevailing side, but may be seconded by any member; it shall be debatable and requires a simple majority for adoption. 5. Any member of the Council who has an interest as defined by the laws of the State of Montana (Title 2, Chapter 2, MCA) or as advised by the City Attorney shall not participate in the debate nor vote in that matter nor seek to influence the vote of members of the Council. Any Council member attempting to so participate may be censored by a majority vote of the remaim'ng members of the City Council. ("Censored" is defined as a formal resolution of the legislative body reprimanding a member for specified conduct. It is an official reprimand or condemnation.) 6. If the presiding officer of the council has an interest as defined by the Code of Ethics previously adopted or as established by the laws of the State of Montana or as advised by the City Attorney, he shall additionally yield the chair to a member of the Council during the course of debate and decision concerning the issue in which he has an interest. 7. After a motion, duly made and seconded, by the Council, no person shall address the Council without first securing the permission of the presiding officer. Presentation to the Council (Not a Public Hearing) The general manner in which the Council handles items other than public hearings shall be as follows: 1. The presiding officer presents the item to the Council along with a brief summary of the matter for discussion, with or without recommendation. 2. For purpose of clarification, Council Members, after recognition by the presiding officer, may direct questions to the presiding officer or staff member. 3. Upon recognition by the presiding officer, the Council will hear comments from the applicant. 4. After recognition by the presiding officer, Council members may direct questions to the applicant. -6- 2.10.080 A. 5. Members of the audience will be invited to present testimony beginning with those in favor of the proposal. 6. All testimony shall be directed to the presiding officer.7. The Council may, upon a proper motion and second, vote on the matter at hand or table the matter until a date certain. Public Heating The Council may conduct public heatings or may appoint a hearing officer for that purpose as provided in Section 7-1-4131, MCA. When heard by the Council the items will be presented to the Council in the same format as described in PART VII, except that for all public hearings, the Council shah wait at least one week but not longer than the next regular council meeting before making a decision unless this rule upon motion and second is unanimously waived by the Council. In addition, when public hearings and public interest matters are being heard and it is anticipated that a large number of citizens may wish to present testimony, the presiding officer, with the consent of the Council, may, prior to the meeting, establish reasonable guidelines for the conduct of the meeting. Witnesses may be required to testil~ under oath and all testimony shall be directed to the presiding officer. The Council shall not be bound by the strict rules of evidence, but may exclude irrelevant, immaterial, incompetent, or unduly repetitious testimony or evidence~ The presiding officer shall, with advice from the City Attorney, role on all questions relating to the admissibility of testimony or evidence. The ruling of the presiding officer may be overruled by a majority vote of the Council. The proponents or opponents, their agent or attorney, may submit petitions and letters during or prior to the closing of the heating and the same shall be entered by reference into the minutes and considered as other testimony received at the hearing. Following the presentation of all comments, testimony and evidence, the Council: may continue the hearing to a date certain to allow additional information to be submitted to the Council as a body on any unresolved issues; close the public hearing and proceed to Council debate of the matter; or continue the Council debate and vote to a date certain. A public hearing, which has been formally closed, may not be reopened. If additional information is required before a decision can be made, the Council, upon motion duly made, seconded and passed, may call for an additional public heating which hearing shall be duly noticed, specifying date, time, place and subject matter of the heating. -7- 2.10.090 A. 2.10.100 A. Addressing the Council The public is invited to speak on any item under discussion by the Council after recognition by the presiding officer. The speaker should step to the lectern or from of the room and, for the record, give his/her name and address and, if applicable, the person, firm, or organization he/she represents. Prepared statements are welcomed and should be given to the Clerk of the Council. Prepared statements that are also read, however, shall be deemed unduly repetitious. All prepared statements shall become a part of the heating record. While the Council is in session, the members must preserve order and decorum. A member shall not delay or interrupt 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. The presiding officer shall forthwith bar any person making personal, impertinem or slanderous remarks or who shall become boisterous or disruptive during the Council meeting from further presentation to the Council, unless permission to continue be granted by a majority vote of the Council. Ordinances and Resolutions Ail ordinances and resolutions shall be prepared or reviewed by the City Attorney. No ordinance or resolution shall be prepared for presentation to the Council unless ordered by a majority vote of the Council or requested by the Mayor. The ordinances and resolutions shall, before presentation to the Council, be approved as to form and legality by the City Attorney and shall have been examined by the Mayor who may refer it for comment to the head of the department under whose jurisdiction the subject matter of the ordinance or resolution is to be administered. Ordinances and resolutions must be imroduced by a member of the City Council or the Mayor. A draft of the proposed ordinance or resolution shall be presemed to the Council for review and commem with the public being notified of the proposed action and invited to make commem. If the Council approves the draft ordinance, it shall then be placed on the agenda for first reading and provisional adoption, with second reading and final adoption OCCUlTing at least twelve (12) days after the first reading and provisional adoption. After being provisionally adopted, the ordinance shall be posted in a conspicuous place in City Hall and copies thereof shall be available to the public from the Clerk of the Council. The reading of the ordinance's title and number shall be sufficient to constitute a reading and an actual oral pronouncemem of each word contained therein of the proposed ordinance or resolution is not -8- required and shall be waived unless required by a majority vote of the City Council. All ordinances, except emergency ordinances, shall become effective thirty (30) days after the second reading and final adoption. All resolutions and emergency ordinances shall become effective immediately or at the time indicated therein. Section 5: This Ordinance shall become effective thirty (30) days after final passage by the City Council and approved by the Mayor. Introduced and passed on first reading at a regular meeting of the City Council on February 3 , 1998, by Alderman Johnson PASSED and ADOPTED by the Laurel City Council on second reading this i/th February , 1998, upon motion of Alderman Johnson __day of APPROVED BY THE MAYOR this 17th ATTESTED: Donald L. Ha&mann, City Clerk V~'~ City 'Attome~ day of February ,1998. les G. Rodgers, Mayor fi// -9-