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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: August 24, 2000
Subject: Amendment to Resolution
No. 84-371 - Procedural Rules for
Meetings of Mayor and Common
Council - relative to oath for those
giving testimony at meetings of the
Mayor and Common Council/
Community Development
Commission
From: Susan Lien,
Councilwoman
Dept: Council Office
Synopsis of Previous Council Action:
6/28/00
Legislative Review Committee discussed possible amendments to
Resolution No, 84-371 - Procedural Rules for Meetings of the Mayor
and Common Council.
Legislative Review Committee reviewed current oath administration
practices in the City of San Bernardino.
LRC referred this item to the full Council, with the recommendation
that the oath be administered for public hearings and for resolutions,
orders, and actions taken for the payment of money.
6/12/00
7/27/00
Recommended Motion:
Adopt Resolution.
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Signature
Contact person: Susan I iAn
Phone:
5222
Supporting data attached: Yes
Ward:
FUNDING REQUIREMENTS: Amount:
None
Source: (Acct No.)
(A~d nA~~riptinn)
Finance:
Council Notes:
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject: Proposed amendment to Resolution No. 84-371 - Procedural Ru1es for Meetings of
Mayor and Conunon Council - relative to administering oath for those giving testimony at
meetings of the Mayor and Conunon Council.
Background: At the June 12th meeting of the Legislative Review Conunittee, amendments to
Resolution No 84-371, Procedural Ru1es for Meetings of the Mayor and Conunon Council,
which would require members of the public wishing to give testimony at meetings of the Mayor
and Conunon Council/Conununity Development Conunission to take an oath, were discussed.
This issue was prompted by a concern from a member of the Conunittee that members of the
public testifying before the Council/Conunission do so under oath.
At the June 28th meeting, the Conunittee reviewed the existing procedural rules as weIl as
possible oath provisions. At the July 27th LRC meeting, it was determined that an oath be
administered for public hearings, and for resolutions, orders, and actions taken for the payment
of money.
The foIlowing changes to the Procedural Rules have been reconunended:
The foIlowing new Section shall be added foIlowing Section IV COUNCIL AGENDA
V. HEARINGS
Whenever the Mayor and Conunon Council/Community Development Commission are
conducting a public hearing, at the conunencement of all hearings scheduled for the same
time (i.e., public hearing[s] schedu1ed for 10:00 a.m.; Planning public hearing[s] at 11:00
a.m.; E.D.A. public hearing[s] at 2:00 p.m.) the City Clerk shall address the public and
state the foIlowing
"Any members of the public wishing to address the Mayor and Conunon
Council/Community Development Conunission, please stand and raise your right hand."
[The City Clerk shaIl then administer the foIlowing oath:]
"Do you solemnly affirm that the testimony you are about to give before
this Body will be the truth, the whole truth, and nothing but the truth?
If so, please say, 'I do.'
Thank you,"
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In addition, the City Clerk shall administer the oath to any member of the public desiring to
address an item which has an expenditure of funds associated with it.
As each member of the public conunences his/ber testimony, the Presiding Officer shall inquire
as to whether or not he/she took the oath that was so administered. If the individual has not, and
he/she refuses to do so, then he/she will be allowed to speak; however, the Mayor and Conunon
Council shall determine both the weight and credibility to be given to the testimony.
In addition, the City Clerk reconunended the following changes:
Section I. Subsection B should read:
"The Presiding Officer may make brief introductory remarks and may reconunend, or advocate
approval or disapproval, a continuance, or any other action concerning any business item after
the number and title of the item is announced. The Parliamentarian may act to terminate those
introductory remarks that appear to be excessive and, thereafter, such remarks shall cease.
Introductory remarks can be made by the originator of the item,"
The change in the above subsection removes "by the City Clerk" after the words"" ,after the
number and title of the item is announced. .," Actual practice is that the titles of each resolution
and ordinance are read at the beginning of the meeting, but it is the Mayor or Mayor Pro
Tempore who introduces each agenda item.
Section IV. Council Agenda - should read as follows:
"All items to be considered by the Mayor and Conunon Council at a public meeting shall be
presented to the City Administrator for placement on the agenda of the Mayor and Conunon
Council no later than noon on the Tuesday following the first and third Mondays of the month
for regular meetings, unless otherwise designated, prior to noon. . .."
The changes shown in bold type reflect the actual process we are currently following.
A copy of Resolution No. 84-371 and the existing Procedural Rules are attached for your
reference.
Financial ImDact
None.
Recommendation:
The Legislative Review Conunittee reconunends adoption of the proposed amendments to
Resolution No, 84-371 - Procedural Rules for Meetings of the Mayor and Conunon Council.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AMENDING RESOLUTION 84-371, PROCEDURAL RULES
FOR MEETINGS OF MAYOR AND COMMON COUNCIL, RELATIVE TO
ADMINISTERING OATH FOR THOSE GIVING TESTIMONY AT MEETINGS OF
THE MAYOR AND COMMON COUNCIL/COMMUNITY DEVELOPMENT
COMMISSION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Resolution No. 84-371, Procedural Ru1es for meetings of Mayor and
9 Conunon Council, is hereby amended to read as follows:
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A,
The following new Section V shall be added following Section IV COUNCIL
AGENDA:
V,
HEARINGS
Whenever the Mayor and Conunon Council/Conununity Development Conunission are
conducting a public hearing, at the conunencement of all hearings schedu1ed for the
same time (i,e., public hearing[s] schedu1ed for 10:00 a.m,; Planning public hearing[s]
at 11:00 a.m,; E.D.A, public hearing[s] at 2:00 p.m,) the City Clerk shall address the
public and state the following:
"Any member of the public wishing to address the Mayor and Conunon
Council/Conununity Development Conunission, please stand and raise your right
hand,"
[The City Clerk shall then administer the following oath:]
"Do you solemnly affirm that the testimony you are about to give before this
Body will be the truth, the whole truth, and nothing but the truth?
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AMENDING RESOLUTION 84-371, PROCEDURAL
RULES FOR MEETINGS OF MAYOR AND COMMON COUNCIL, RELATIVE
TO ADMINISTERING OATH FOR THOSE GIVING TESTIMONY AT
MEETINGS OF THE MAYOR AND COMMON COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION.
If so, please say, 'I do.'
Thank you."
In addition, the City Clerk shall administer the oath to any member of the public
desiring to address an item which has an expenditure offunds associated with it.
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As each member of the public conunences hislber testimony, the Presiding Officer shall
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inquire as to whether or not he/she took the oath that was so administered. If the
individual has not, and he/she refuses to do so, then he/she will be allowed to speak;
however, the Mayor and Conunon Council/Conununity Development Conunission
shall determine both the weight and credibility to be given to the testimony.
Section I. Subsection B is amended to read as follows:
"The Presiding Officer may make brief introductory remarks; and, may reconunend, or
advocate approval or disapproval, a continuance, or any other action concerning any
business item after the number and title of the item is announced, The Parliamentarian
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AMENDING RESOLUTION 84-371, PROCEDURAL
RULES FOR MEETINGS OF MAYOR' AND COMMON COUNCIL, RELATIVE
TO ADMINISTERING OATH FOR THOSE GIVING TESTIMONY AT
MEETINGS OF THE MAYOR AND COMMON COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION.
may act to terminate those introductory remarks that appear to be excessive and,
thereafter, such remarks shall cease. Introductory remarks can be made by the
originator of the item."
C.
Section IV. Council Al!enda is amended to read as follows:
"All items to be considered by the Mayor and Conunon Council at a public
meeting shall be presented to the City Administrator for placement on the agenda of the
Mayor and Conunon Council no later than noon on the Tuesday following the first and
third Mondays of the month for regular meetings, unless otherwise designated, prior to
noon at least three business days before any adjourned regu1ar meeting of the Mayor
and Conunon Council, and at least 24 hours before special meetings, and for the
emergency supplemental agendas, prior to noon on the Wednesday before the regular
meeting. Except as provided in these rules, no item or matter shall be presented to the
Mayor and Conunon Council at a public meeting unless and until a motion is adopted
by the Conunon Council to waive the agenda deadline requirements.
Any request to reconsider an item previously considered and acted upon in a
final manner by the Mayor and Conunon Council shall be placed at the end of the
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AMENDING RESOLUTION 84-371, PROCEDURAL
RULES FOR MEETINGS OF MAYOR AND COMMON COUNCIL, RELATIVE
TO ADMINISTERING OATH FOR THOSE GIVING TESTIMONY AT
MEETINGS OF THE MAYOR AND COMMON COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION.
supplemental agenda for a determination of whether it shou1d be set for a hearing at an
appropriate time and place,"
Renumber previous Sections V through VIII as VI through IX,
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
. BERNARDINO AMENDING RESOLUTION 84-371, PROCEDURAL RULES FOR
MEETINGS OF MAYOR AND COMMON COUNCIL, RELATIVE TO
ADMINISTERING OATH FOR THOSE GIVING TESTIMONY AT MEETINGS OF
THE MAYOR AND COMMON COUNCIL/COMMUNITY DEVELOPMENT
COMMISSION.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Conunon Council of the City of San Bernardino at a
meeting thereof, held on the
_ day of
, 2000, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LIEN
SCHNETZ
MC GINNIS
C 14 SUAREZ
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15 ANDERSON
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MCCAMMACK
City Clerk
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21 2000.
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The foregoing resolution is hereby approved this
day of
Judith Valles, Mayor
City of San Bernardino
Approved as to
25 Form and legal content:
26 JAMES F. PENMAN,
27 City9=orney
By: _ 7- i._A_.~
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RESOLUTION NO. 84-371
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RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING PROCEDURAL
RULES FOR MEETINGS OF THE LEGISLATIVE BODYi AND REPEALING
RESOLUTION NO. 81-161.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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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 "A"
9 and incorporated herein by reference as fully as though set forth
10 at length, are hereby adopted.
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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.
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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
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Bernardino at a
meeting thereof, held on
regular
the
17th day of
September
, 1984, by the following vote,
23 to wit:
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AYES:
Council Members Ci'.staneda, Reilly, ~'!arks,
Quiel, Frazier, Strickler
NAYS:
Council .r1enbeJ~ Hernandez
ABSENT:
None
LbM/~~
/ City Clerk
1 The foregoing resolution is hereby approved
2 of
September
, 1984.
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Approved as to form:
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Bernardino
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I
PROCEDURAL
RULES FOR MEETINGS OF
THE MAYOR AND COMMON COUNCIL
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I.
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.
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A.
The Presiding Officer shall be fair and impartial during
the deliberations and proceedings of the Mayor and
Common Council. He shall be bound by and comply with
these rules of the Common Council in his actions and
conduct as Presiding Officer.
B.
The Presiding Officer may make brief introductory
remarks and may recommend, or advocate approval or
disapproval, a continuance, or any other action
concerning any business item after the number and title
of the i tern is announced. !Jy1:ne---Ci t'yo'C];erk': The
Parliamentarian may act to terminate those introductory
remarks that appear to be excessive and, thereafter,
such remarks shall cease. Introductory remarks can be
made by the originator of the item.
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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.
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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.
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II
C. Members shall strive, at all times, to keep their
remarks germane to the item which is on the floor for
discussion and every attempt shall be made to process
the business of the meeting in an expeditious and
courteous manner.
IV.
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COUNCIL AGENDA
All items to be considered by the Mayor and Common Council at
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a public meeting shall be presented to the City Clerk for _ ~n1
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placement on the agenda of the Mayor and Common Council pr;nr to
14198 1'.1117' on the Tuesday following the first.an!!. third Mondays of
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the month for regular meetings~Vprior to 2:00 ~.m. at least three
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business days before any adjourned regular meeting of the Mayor
and Common Council, and at least 24 hours before special meetings,
and for the emergency supplemental agendas, prior to noon on the
Wednesday before the regular meeting. Except as provided in these
rules, no item or matter shall be presented to the Mayor and
Common Council at a public meeting unless and until a motion is
adopted by the Common Council to waive the agenda deadline
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I requirements.
I Any request to reconsider an item previously considered and
lacted upon in a final manner by the Mayor and Common Council shall
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'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
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place.
PROCESSING OF MOTIONS
When a motion is made and seconded, it shall be stated by the
II Presiding
I wi thdrawn
Officer or City Clerk before debate. A motion may be
by the mover or seconder at any time before a vote is
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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
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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.
C. 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.
D. 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 reopened; if the
motion passes, then there shall be a vote on the main
motion.
E. Motion to Amend. (debatable only as to amendment) A
F.
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.
Motion to Reconsider.
(non-debatable after being
seconded) The motion to reconsider shall include the
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reason for the request in order to be recognized and
valid.
G. Motion to Continue. (debatable only as to reason)
H. Motion to Refer. (debatable only as to destination of
referral)
VII. VOTING
On the passage of every motion, the vote shall be taken and
entered in full upon the record.
A. Failure to Vote. Every member should vote unless
disqualified for cause.
1. Self-disqualification, without approval, which
results in a tie vote should be avoided as
thwarting Council action, but no Council member
shall be forced to vote.
2. Tie votes are "lost" motions and, by vote of the
Council, may be reconsidered later.
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
shall cast their vote as expeditiously as possible and
may press their voting button on an item when leaving
the Chambers for a short time and that vote shall count.
A Council member should strive to be present at all
times during an evidentiary and quasi-judicial hearing.
C. Reconsideration. Any member may move a reconsideration
of any Council action at the same meeting.
D. Changing Vote. Any member may change his vote before the
meeting is adjourned for that day, provided he orally
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and publicly announces to all members present that his
vote will be changed. (A Council member should consider
the effect of his change of vote on the vested rights of
others who may have relied upon a prior Council action.)
VIII. APPEALS FROM THE RULING OF THE CHAIR
A. 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".
B. 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.
C. 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.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
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RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): q. S --0:::>
Vote: Ayes \ - "\ Nays
Change to motion to amend original documents:
Item # '25
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Abstain
Reso. # On Attachments: -
Contract term:
Date Sent to Mayor: q -(0 -<Xl
Date of Clerk's Signature: 'i-II-CD
cq -& -co
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Date Returned from Mayor:
Reso. Log Updated:
Resolution # 7('(:0 - 2.'1. Cj
-<=r" Absent -G
NulVVoid After:
Date of Mayor's Signature:
Seal Impressed: ./
q-2-<D
Date Memo Sent to Department for Signature:
See Attached: -Date Returned:
Date Letter Sent to Outside Party for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
Note on Resolution of Attachment stored separately: ~
Direct City Clerk (circle I): PUBLISH, POST, RECORD W/COUNTV Date:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney ./
Parks & Rec.
Code Compliance
Dev. Services
Police
Public Services
Water
Notes:
Date Returned:
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See Attached:
Ves
Ves
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No By
No , By
No L By
No V By
No --V By
Ves
Ves
Ves
EDA
Finance
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc,)
Ready to File: ny, Date: ~