HomeMy WebLinkAbout27- Public Comment Entered Into Rec, at MCCICDC Mtg;
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• Agenda Item go: - 91, s
1 RESOLUTION N( 2 SeCretar
(, C V
2 RESOLUTION OF THE MAYOR AND � CRUM OF THE CITY
OF SAN BERNARDINO AMENDING RESOLUTION 84-371, PROCEDURAL RULES
3 FOR MEETINGS OF MAYOR AND COMMON COUNCIL, RELATIVE TO
4 ADMINISTERING OATH FOR THOSE GIVING TESTIMONY AT MEETINGS OF
THE MAYOR AND COMMON COUNCIL/COMMUNITY DEVELOPMENT
5 COMMISSION.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
7
8 SECTION 1. Resolution No. 84-371, Procedural Rules for meetings of Mayor and
9 Common Council, is hereby amended to read as follows:
10 A. The following new Section V shall be added following Section IV COUNCIL
11 AGENDA:
12 V. HEARINGS
13
14 Whenever the Mayor and Common Council/Community Development Commission are
15 conducting a public hearing, at the commencement of all hearings scheduled for the
16 same time (i.e., public hearing[s] scheduled for 10:00 a.m.; Planning public hearing[s]
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at 11:00 a.m.; E.D.A. public hearing[s] at 2:00 p.m.) the City Clerk shall address the
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19 public and state the following:
20 "Any member of the public wishing to address the Mayor and Common
21
Council/Community Development Commission, please stand and raise your right
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hand."
23
24 [The City Clerk shall then administer the following oath:]
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26 "Do you solemnly affirm that the testimony you are about to give before this
27 Body will be the truth, the whole truth, and nothing but the truth?
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2000-279
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AMENDING RESOLUTION 84-371, PROCEDURAL
3 RULES FOR MEETINGS OF MAYOR AND COMMON COUNCIL, RELATIVE
TO ADMINISTERING OATH FOR THOSE GIVING TESTIMONY AT
4 MEETINGS OF THE MAYOR AND COMMON COUNCIL/COMMUNITY
5 DEVELOPMENT COMMISSION.
6
7
If so,please say, `I do.'
8
9 Thank you."
10
11 In addition, the City Clerk shall administer the oath to any member of the public
12 desiring to address an item which has an expenditure of funds associated with it.
13
As each member of the public commences his/her testimony, the Presiding Officer shall
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15 inquire as to whether or not he/she took the oath that was so administered. If the
16 individual has not, and he/she refuses to do so, then he/she will be allowed to speak;
17 however, the Mayor and Common Council/Community Development Commission
18 shall determine both the weight and credibility to be given to the testimony.
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20
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B. Section I Subsection B is amended to read as follows:
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23 "The Presiding Officer may make brief introductory remarks; and, may recommend, or
24 advocate approval or disapproval, a continuance, or any other action concerning any
25
business item after the number and title of the item is announced. The Parliamentarian
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.� 2000-279
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AMENDING RESOLUTION 84-371, PROCEDURAL
2 RULES FOR MEETINGS OF MAYOR AND COMMON COUNCIL, RELATIVE
3 TO ADMINISTERING OATH FOR THOSE GIVING TESTIMONY AT
MEETINGS OF THE MAYOR AND COMMON COUNCIL/COMMUNITY
4 DEVELOPMENT COMMISSION.
5
6
may act to terminate those introductory remarks that appear to be excessive and,
7
8 thereafter, such remarks shall cease. Introductory remarks can be made by the
9 originator of the item."
10
C. Section IV, Council Agenda is amended to read as follows:
11
12 "All items to be considered by the Mayor and Common Council at a public
13 meeting shall be presented to the City Administrator for placement on the agenda of the
14
Mayor and Common Council no later than noon on the Tuesday following the first and
15
16 third Mondays of the month for regular meetings, unless otherwise designated, prior to
17 noon at least three business days before any adjourned regular meeting of the Mayor
18 and Common Council, and at least 24 hours before special meetings, and for the
19 emergency supplemental agendas, prior to noon on the Wednesday before the regular
20 meeting. Except as provided in these rules, no item or matter shall be presented to the
21 Mayor and Common Council at a public meeting unless and until a motion is adopted
22
by the Common Council to waive the agenda deadline requirements.
23
24 Any request to reconsider an item previously considered and acted upon in a
25 final manner by the Mayor and Common Council shall be placed at the end of the
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2000-279
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AMENDING RESOLUTION 84-371, PROCEDURAL
2 RULES FOR MEETINGS OF MAYOR AND COMMON COUNCIL,RELATIVE
TO ADMINISTERING OATH FOR THOSE GIVING TESTIMONY AT
3 MEETINGS OF THE MAYOR AND COMMON COUNCIL/COMMUNITY
4 DEVELOPMENT COMMISSION.
5
6 supplemental agenda for a determination of whether it should be set for a hearing at an
7
appropriate time and place."
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10 D. Renumber previous Sections V through VIII as VI through IX.
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2000-279
t
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AMENDING RESOLUTION 84-371, PROCEDURAL RULES FOR
2 MEETINGS OF MAYOR AND COMMON COUNCIL, RELATIVE TO
3 ADMINISTERING OATH FOR THOSE GIVING TESTIMONY AT MEETINGS OF
THE MAYOR AND COMMON COUNCIL/COMMUNITY DEVELOPMENT
4 COMMISSION.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
Joint
6 and Common Council of the City of San Bernardino at a Regular meeting thereof, held on the
7 5th day of September , 2000,by the following vote,to wit:
8
Council Members: AYES NAYS ABSTAIN ABSENT
9
ESTRADA x
10
11
LIEN x
12 SCHNETZ x
13 MC GINNIS x
14 SUAREZ x
15 ANDERSON x
16
MCCAMMACK x
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19
City Clerk
20
The foregoing resolution is hereby approved this S-7" ... day of -,pntpmbpr,
21 2000.
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23
Ju 'th alles, Mayor
24 ity of an Bernardino
Approved as to ;
25 Form and legal content:
26 JAMES F. PENMAN,
27 City A Aorney
By:
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I RESOLUTION NO. 2004-290
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AMENDING RESOLUTION NO.2000-279,PROCEDURAL RULES
3 FOR MEETINGS OF MAYOR AND COMMON COUNCIL, RELATIVE TO
MINISTERING OATH FOR THOSE GIVING TESTIMONY AT MEETINGS OF THE
4 MAYOR AND COMMON COUNCIL/COMMUNITY DEVELOPMENT COMMISSION.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The first thirteen (13) lines only of"V. HEARINGS" in Section 1. A of
8 Resolution 2000-279 are amended to now read as follows:
9 Whenever the Mayor and Common Council/Community Development
10 Commission are conducting a quasi-judicial hearing (generally,but not always,
11 involving a property right), at the commencement of all such quasi-judicial
12 hearings scheduled for the same time,the City Clerk shall address the public
13 and state the following:
14 "Any member of the public wishing to address the Mayor and Common
15 Council/Community Development Commission,please stand and raise your
16 right hand."
17 [The City Clerk shall then administer the following oath:]
18 "Do you solemnly affirm that the testimony you are about to give before
19 this Body will be the truth, the whole truth, and nothing but the truth?
20 If so, please say, `I do.'
21 Thank you."
22 /1
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HTC[Reso.Oath] 1 J;
2004-290
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AMENDING RESOLUTION NO. 2000-279,PROCEDURAL RULES
FOR MEETINGS OF MAYOR AND COMMON COUNCIL, RELATIVE TO
3 ADMINISTERING OATH FOR THOSE GIVING TESTIMONY AT MEETINGS OF THE
MAYOR AND COMMON COUNCIL/COMMUNITY DEVELOPMENT COMMISSION.
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5
Common Council of the City of San Bernardino at a joint regular meeting thereof, held
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on the 7th day of September , 2004,by the following vote, to wit:
7
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
8
ESTRADA x
9
LONGVILLE x
10
MCGINNIS x
11
DERRY x _
12
KELLEY x
13
JOHNSON x
14
MCCAMMACK x
15
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17 Rac el G. Clark, City Clerk
18
The foregoing Resolution is hereby approved this Ork day of September , 2004.
19
20
21 ALLES,Mayor
Cit of San Bernardino
22
Approved as to
23 Form and legal content:
24 JAMES F. PENMAN,
City Attorney
25
26 By:
27 61
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HTC[Reso.Oath] 2
Entered Into Rec, at MCC/CDC Mtg; -� r
f by.
Agenda Ite No; _Pis
1 RESOLUTION NO. 8 71
2 RESOLUTION OF THE CITY OF SAN BERQRG PRO EDURAL
RULES FOR MEETINGS OF THE LEGISLATIVE 9bS r LING
3 RESOLUTION NO. 81-161.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
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 "A"
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 Bernardino at a regular meeting thereof, held on
22 the 17th day of September 1984 , by the following vote,
23 to wit:
24 AYES: Council Members Castaneda, Reilly, marks,
25 nuiel, Frazier. , Strickler
26 NAYS: Council Member Hernandez
27 ABSENT: None
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City Clerk
l�
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1 The foregoing resolutio*ayof pproved i —� day
2 of September 1984.
3 C ty of San Be rnardino
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5 Approved as to form:
7 City A orney
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1 PROCEDURAL
RULES FOR MEETINGS OF
2 THE MAYOR AND COMMON COUNCIL
3
4 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.
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.
I C. Any comments, debate or discussion may be terminated at
2 any time, without recognition by the chair, by a motion
3 for the previous question which is duly adopted by 'the
4 Common Council.
5 D. The Presiding Officer shall maintain control of the
meeting and impartially recognize persons desiring to
7 address the Common Council. He shall striv6 . to be fair,
8 impartial and courteous while maintaining control.
9 Concerning contested or controversial items, he shall
10 attempt to fairly apportion the allotted time for debate
11 or presentation of evidence between proponents and
12 opponents. He shall not threaten, intimidate or engage.
13
in personal attacks upon or criticism of any person at
14 the meeting. He shall not comment upon or evaluate the
15 remarks made by any person except in the lawful exercise
16
of his right to approve or disapprove any order of the
17 T Common Council. Such right shall be exercised before
{
18 adjournment.
19 E. Except when the motion is non-debatable , the Presiding
Zp officer shall permit each Council member to make remarks
21 relevant to the matter under discussion before the vote
22 thereon is taken.
23 F. The City Clerk, City Administrator or City Attorney
24 shall be recognized by the Presiding Officer after such
25 official has sought recognition by obtaining the
26 attention of the Presiding officer and shall be given
27
the floor as soon as the speaker having the floor is
28 finished.
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1 G. Any interpretation of these rules by the Presiding
2 Officer can be. overruled by a successful appeal of the
ruling of the Presiding Officer or by a motion adopted
4 by the Common Council to waive the rule in question, or
5 by a ruling of the Parliamentarian of the Common Council
6 which can override the interpretation of the Presiding
7 Officer.
8 11: PARLIAMENTARIAN
9 A Parliamentarian shall be chosen by the Common Council. The
10 Parliamentarian shall have the responsibility of monitoring the
11 meetings of the Common Council for compliance with and enforcement
J
12 of these rules by rendering decisions on requests for points of
13 order from other members or by interrupting the proceedings to
14 call attention to any violation of these rules. A decision by the
15 Parliamentarian shall be final, except when such decision is
16 voided by a motion to waive the rule in question which is adopted
17 by the Common Council. If the motion to waive cannot be decided
18 by four or more ayes or nays, the discussion shall be terminated
19 and postponed until the end of the same Council meeting.
20 III. CONDUCT OF MEMBERS
21 A. Members of the Common Council shall conform to these
22 rules in their own conduct and shall assist in causing
23 compliance with these rules during the course of all
24 meetings.
25 B. The members of the Common Council are charged with
26 conducting themselves in an orderly manner and shall not
27 threaten, intimidate or engage in personal attacks or
28 criticism of any person at the meeting.
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I cc Members shall strive, at all times, to keep their
2 J 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 rules, no item or matter shall be presented to the Mayor and
17 Common Council at a public meeting unless and until a motion is
18 adopted by the Common Council to waive the agenda deadline
19 requirements.
20 Any request to reconsider an item previously considered and
21 acted upon in a final manner by the Mayor and Common Council shall
22 be placed at the end of the supplemental agenda for a determination
23 of whether it should be set for a hearing at an appropriate time
24 and place.
25 V. PROCESSING OF MOTIONS
26
When a motion is made and seconded, it shall be stated by the
27 Presiding Officer or City Clerk before debate. A motion may be
28 withdrawn by the mover or seconder at any time before a vote is
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I taken on the item.
2 A. Motions Out of Order. The Presiding Officer shall at
3 any time, by majority consent of the members, permit a
4 member to introduce an ordinance , resolution or motion
5 out of the regular agenda order.
6 B. Division of Question. If the question contains two or
7 more divisible propositions, the Presiding Officer may,
8 and upon request of a member shall (unless appealed ) ,
9 divide the same.
10 VI. PRECEDENCE OF MOTIONS
11 When a motion is before the Common Council, no motion shall
12 be entertained except: (a) to adjourn, (b) to fix hour of
13 adjournment, (c) to lay on the table, (d) for the previous
14 question, (e) to amend or present a substitute motion, ( f) to
15 postpone (continue) to a certain day, (g) to refer, and (h) to
16 postpone indefinitely. The foregoing motions shall have
17 precedence in the order indicated above.
18 EXPLANATION OF MOTIONS
19 A. Motion to Adjourn. (debatable as to time and place) A
20 motion to adjourn shall be in order at any time, except
21 as follows: (1) when repeated without intervening
22 business or discussion; (2) when made as an interruption
23 of a member while speaking; (3) when the previous
24 question has been ordered; and (4) while a vote is being
25 taken. A motion to adjourn to a specified time shall be
26 debatable only as to the time to which the meeting is
27 adjourned.
28 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
2 definite time at which to adjourn. The motion is
undebatable and amendable except as to the time set.
3 to time and place)
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C. Motion to Table. (debatable only as
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The purpose of a motion to table is to temporarily
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bypass the subject. A motion to lay on the table is
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non-debatable and shall preclude all amendments or
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debate of the subject under consideration. if the
motion shall prevail, the matter may be "taken from the
9
10 table" at any time.
it D. Motion for Previous Question.
The purpose of a motion
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for the previous question is to close debate on the main
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motion. It is non-debatable. (Just stating "question"
or "call for the question" does not accomplish the same
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thing. ) If the motion fails, debate is reopened; if the
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motion passes, then there shall be a vote on the main
17 motion.
18 E. Motion to Amend• (debatable only
as to amendment) A
19 motion to amend an amendment is in order, but one to
amend an amendment to an amendment is not. An amendment
20 but an
21 modifying the intention of a motion is in order,
22
amendment relating to a different matter shall not be in
23 order. A substitute motion on the same subject is
acceptable. Amendments shall be voted first, then the
24
25 main motion as amended shall be voted.
26 F. Motion to Reconsider. (non-debatable after being
27
seconded) The motion to reconsider shall include the
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1 reason for the request in order to be recognized and
2 valid.
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.
11 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 "lost" motions and, by vote of the
16 Council, may be reconsidered later.
17 B. Presence Required. Only those members of the Common
18 Council actually present in the Council Chambers at the
19 time the vote is called for shall vote. Council members
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
28 meeting is adjourned for that day, provided he orally /
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1 and publicly announces to all members present that his
2 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 A. Whenever a decision has been rendered by the Presiding
7 Officer concerning the operating procedures of the
8 Common Council and before the Common Council moves on to
q further business, any member wishing to dissent that
10 decision may, without recognition by the Presiding
11 Officer, declare "I appeal the ruling of the chair".
12 B. When this occurs, the Presiding Officer shall, without
13 the allowance of any discussion, call for a vote on the
14 motion to appeal; and if the voting members of the
15 Common Council sustain the appeal by a vote of five or
16 more , then the appeal shall be sustained and the
17 business under discussion when the ruling was made shall
18 proceed as if the Presiding Officer had not made the
19 ruling in question.
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20 C. If the appeal is not supported by at least five of the
21 voting members present, then the appeal shall be
22 declared lost by the Presiding Officer and the Common
23 Council shall proceed with the order of business.
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