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HomeMy WebLinkAbout1984-371 ....'.'-....._.."..;: ""'.." .'. .. " ".~,.,~~: ,..,'/ .'0'" " 1 RESOLUTION NO. 84-371 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING PROCEDURAL RULES FOR MEETINGS OF THE LEGISLATIVE BODY; AND REPEALING RESOLUTION NO. 81-161. 3 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 SECTION 1. Those certain procedural rules and regulations 7 entitled "Procedural Rules for Meetings of the Mayor and Common 8 Council", a copy of which is attached hereto, marked Exhibit MA" 9 and incorporated herein by reference as fully as though set forth 10 at length, are hereby adopted. 11 SECTION 2. These rules are adopted by the Common Council 12 pursuant to the authority of Article III Section 34 of the Charter 13 of the City of San Bernardino. The objective of the rules is to 14 assure that meetings will proceed in an orderly manner and that 15 all interested parties shall have an opportunity to participate in 16 germane discussion of matters of business before the Common 17 Council. 18 SECTION 3. Resolution No. 81-161 is hereby repealed. 19 I HEREBY CERTIFY that the foregoing resolution was duly 20 adopted by the Mayor and Common Council of the City of San 21 22 Bernardino at a meeting thereof, held on regular the 17th day of September , 1984, by the following vote, 23 to wit: 24 25 26 27 28 AYES: Council Members Castaneda, Reilly, ~'!arks , Quiel, Frazier, Strickler NAYS: Council I~e"'lber Hernandez ABSENT: None ,51 / , ~"',,'-h: 28 .", , " 1 " ~.. '. ',,'-.. .......~"., ",."~" '.J' The foregoing resolution is hereby 2 of September , 1984. 3 4 5 Approved as to form: c~;V~ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ~. .C._,' '. day Bernardino -2- ". .... '. ., 1 2 THE PROCEDURAL RULES FOR MEETINGS OF MAYOR AND COMMON COUNCIL 3 4 1. PRESIDING OFFICER 5 These rules recognize the fact that Article III, Section 36 6 of the Charter of the City of San Bernardino charges the Mayor 7 with the duty to serve as Presiding Officer of meetings of the 8 Common Council without the right to vote. In the absence of the 9 Mayor, the Common Council shall have the right to select one of 10 its own members to serve as Presiding Officer. When a Council 11 member is serving as Presiding Officer, he shall retain all the 12 rights of a Council member, as well as assume those of the 13 presiding Officer, and shall have the same power to disapprove any 14 order as the Mayor would have had if present and presiding. 15 A. The Presiding Officer shall be fair and impartial during 16 the deliberations and proceedings of the Mayor and 17 Common Council. He shall be bound by and comply with 18 these rules of the Common. Council in his actions and 19 conduct as Presiding Officer. 20 B. The Presiding Officer may make brief introductory 21 remarks and may recommend, or advocate approval or 22 disapproval, a continuance, or any other action 23 concerning any business item after the number and title 24 of the item is announced by the City Clerk. The 25 parliamentarian may act to terminate those introductory 26 remarks that appear to be excessive and, thereafter, 27 such remarks shall cease. Introductory remarks can be 28 made by the originator of the item. f.llliIBn A '.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , -- . .., C. Any comments, debate or discussion may be terminated at any time, without recognition by the chair, by a motion for the previous question which is duly adopted by the Common Council. D. The Presiding Officer shall maintain control of the meeting and impartially recognize persons desiring to address the Common Council. He shall strive to be fair, impartial and courteous while maintaining control. Concerning contested or controversial items, he shall attempt to fairly apportion the allotted time for debate or presentation of evidence between proponents and opponents. He shall not threaten, intimidate or engage in personal attacks upon or criticism of any person at the meeting. He shall not comment upon or evaluate the remarks made by any person except in the lawful exercise of his right to approve or disapprove any order of the Common Council. Such right shall be exercised before adjournment. E. Except when the motion is non-debatable, the Presiding Officer shall permit each Council member to make remarks relevant to the matter under discussion before the vote thereon is taken. F. The City Clerk, City Administrator or City Attorney shall be recognized by the Presiding Officer after such official has sought recognition by obtaining the attention of the Presiding Officer and shall be given the floor as soon as the speaker having the floor is finished. -2- " , -. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '. ., .' :' , ,'" G. Any interpretation of these rules by the Presiding Officer can be overruled by a successful appeal of the ruling of the Presiding Officer or by a motion adopted by the Common Council to waive the rule in question, or by a ruling of the parliamentarian of the Common Council which can override the interpretation of the Presiding Officer. II. PARLIAMENTARIAN A parliamentarian shall be chosen by the Common Council. The Parliamentarian shall have the responsibility of monitoring the meetings of the Common Council for compliance with and enforcement of these rules by rendering decisions on requests for points of order from other members or by interrupting the proceedings to call attention to any violation of these rules. A decision by the Parliamentarian shall be final, except when such decision is voided by a motion to waive the rule in question which is adopted by the Common Council. If the motion to waive cannot be decided by four or more ayes or nays, the discussion shall be terminated and postponed until the end of the same Council meeting. III. CONDUCT OF MEMBERS A. Members of the Common Council shall conform to these rules in their own conduct and shall assist in causing compliance with these rules during the course of all meetings. B. The members of the Common Council are charged with conducting themselves in an orderly manner and shall not threaten, intimidate or engage in personal attacks or criticism of any person at the meeting. -3- ~ .' 'II' . . 1 Members shall strive, at all times, to keep their C. 2 remarks germane to the item which is on the floor for 3 discussion and every attempt shall be made to process 4 the business of the meeting in an expeditious and 5 courteous manner. 6 IV. COUNCIL AGENDA 7 All items to be considered by the Mayor and Common Council at 8 a public meeting shall be presented to the City Clerk for 9 placement on the agenda of the Mayor and Common Council prior to 10 4:00 p.m. on the Tuesday following the first and third Mondays of 11 the month for regular meetings, prior to 2:00 p.m. at least three 12 business days before any adjourned regular meeting of the Mayor 13 and Common Council, and at least 24 hours before special meetings, 14 and for the emergency supplemental agendas, prior to noon on the 15 Wednesday before the regular meeting. Except as provided in these 16 17 18 19 20 21 22 23 24 25 26 27 28 rules, no item or matter shall be presented to the Mayor and Common Council at a public meeting unless and until a motion is acted upon in a final manner by the Mayor and Common Council shall be placed at the end of the supplemental agenda for a determinatio of whether it should be set for a hearing at an appropriate time and place. V. PROCESSING OF MOTIONS When a motion is made and seconded, it shall be stated by the I Presiding withdrawn Officer or City Clerk before debate. A motion may be by the mover or seconder at any time before a vote is -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ^ ." . . .' taken on the item. A. Motions Out of Order. The Presiding Officer shall at any time, by majority consent of the members, permit a member to introduce an ordinance, resolution or motion out of the regular agenda order. B. Division of Question. If the question contains two or more divisible propositions, the Presiding Officer may, and upon request of a member shall (unless appealed), divide the same. VI. PRECEDENCE OF MOTIONS When a motion is before the Common Council, no motion shall be entertained except: (a) to adjourn, (b) to fix hour of adjournment, (c) to lay on the table, (d) for the previous question, (e) to amend or present a substitute motion, (f) to postpone (continue) to a certain day, (g) to refer, and (h) to postpone indefinitely. The foregoing motions shall have precedence in the order indicated above. EXPLANATION OF MOTIONS A. Motion to Adjourn. (debatable as to time and place) A motion to adjourn shall be in order at any time, except as follows: (1) when repeated without intervening business or discussion: (2) when made as an interruption of a member while speaking: (3) when the previous question has been ordered: and (4) while a vote is being taken. A motion to adjourn to a specified time shall be debatable only as to the time to which the meeting is adjourned. B. Motion to Fix Hour of Adjournment. The purpose of a -5- 2 4 5 6 7 8 9 10 1I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 3 ^ , . c. D. E. '. " , . " motion to fix the hour of adjournment is to set a definite time at which to adjourn. The motion is undebatable and amendable except as to the time set. Motion to Table. (debatable only as to time and place) The purpose of a motion to table is to temporarily bypass the subject. A motion to lay on the table is non-debatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time. Motion for Previous Question. The purpose of a motion for the previous question is to close debate on the main motion. It is non-debatable. (Just stating "question" or "call for the question" does not accomplish the same thing.) If the motion fails, debate is reopenedr if the motion passes, then there shall be a vote on the main motion. Motion to Amend. (debatable only as to amendment) A motion to amend an amendment is in order, but one to amend an amendment to an amendment is not. An amendment modifying the intention of a motion is in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject is acceptable. Amendments shall be voted first, then the main motion as amended shall be voted. F. Motion to Reconsider. (non-debatable after being seconded) The motion to reconsider shall include the -6- '-. ~. . -, " .... ..'J I reason for the request in order to be recognized and valid. 2 3 G. Motion to Continue. (debatable only as to reason) 4 H. Motion to Refer. (debatable only as to destination of 5 referral) 6 VII. VOTING 7 On the passage of every motion, the vote shall be taken and 8 entered in full upon the record. 9 A. Failure to Vote. Every member should vote unless 10 disqualified for cause. II 1. Self-disqualification, without approval, which 12 results in a tie vote should be avoided as 13 thwarting Council action, but no Council member 14 shall be forced to vote. 15 2. Tie votes are "los t" motions and, by vote of the 16 Council, may be reconsidered later. 17 B. Presence Required. Only those members of the Common Council actually present in the Council Chambers at the time the vote is called for shall vote. Council members 18 19 20 shall cast their vote as expeditiously as possible and 21 may press their voting button on an item when leaving 22 the Chambers for a short time and that vote shall count. 23 A Council member should strive to be present at all 24 times during an evidentiary and quasi-judicial hearing. 25 C. Reconsideration. Any member may move a reconsideration 26 of any Council action at the same meeting. 27 D. Changing Vote. Any member may change his vote before the meeting is adjourned for that day, provided he orally 28 -7- '" . -.j~ " 1 2 .- . '. , ,... .J " . " and publicly announces to all members present that his vote will be changed. (A Council member should consider 3 the effect of his change of vote on the vested rights of 4 others who may have relied upon a prior Council action.) 5 VIII. APPEALS FROM THE RULING OF THE CHAIR 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. B. C. Whenever a decision has been rendered by the Presiding Officer concerning the operating procedures of the Common Council and before the Common Council moves on to further business, any member wishing to dissent that decision may, without recognition by the Presiding Officer, declare "I appeal the ruling of the chair". When this occurs, the Presiding Officer shall, without the allowance of any discussion, call for a vote on the motion to appeal; and if the voting members of the Common Council sustain the appeal by a vote of five or more, then the appeal shall be sustained and the business under discussion when the ruling was made shall proceed as if the Presiding Officer had not made the ruling in question. If the appeal is not supported by at least five of the voting members present, then the appeal shall be declared lost by the Presiding Officer and the Common Council shall proceed with the order of business. -8- .