Codes & Ordinances

Resolution 12 01 2011 CIty Council Rules of Order and Procedure

Written by Emalee Curtis. Posted in Codes & Ordinances.

MONROE CITY

RESOLUTION 12-01-2011

A RESOLUTION OF THE CITY OF MONROE, UTAH, ADOPTING RULES

OF ORDER AND PROCEDURE FOR CONDUCTING ITS PUBLIC CITY COUNCIL MEETINGS

Pursuant to Utah Code 10-3-606 the Monroe City Council hereby adopts the following rules or order and procedure to govern the meetings of the city council. The city shall comply with all required procedures contained in Utah Code Title 52, Chapter 4, Open and Public Meetings Act.

WHEREAS, the Monroe City Council is mandated by law to hold regularly scheduled meetings; and

WHEREAS, said meetings are to be open to the public unless lawfully closed; and

WHEREAS, the council is not obligated to allow public input during such meetings, but does desire to allow public input and participation at such meetings in a professional manner; and

WHEREAS, it is the council’s intent and desire to strike an appropriate balance between the council’s need and obligation to conduct city business in an efficient manner, and to also allow public input at meetings;

BE IT HEREBY RESOLVED that the Monroe City Council approves and adopts the following policies and procedures for conducting its public city council meetings by providing the citizenry a fair and orderly forum for public input.

1. Public Meetings

Council meetings, including regular meetings, special meetings and work sessions, shall be open to the public. Council meetings lawfully designated as closed shall be accessible only to members of the city council and others specifically invited to attend, and shall not be open to the public. The purpose of a public meeting is to allow citizens and other interested parties to observe the meeting.

2. Special meetings

The mayor of a municipality or two council members may order the convening of a special meeting of the council. Each order convening a special meeting of the council shall be entered into the minutes of the meeting and provide at least three hours notice of the special meeting. The municipal recorder shall serve notice of the special meeting on each council member who did not sign the order by delivering the notice personally or by leaving it at the member’s usual place of abode. The personal appearance by the council member at a special meeting constitutes a waiver of the required notice. A notice and agenda will be prepared and posted on the state public notice web page, the Monroe city web page and posted at the location of the special meeting and faxed to the local newspaper.

3. Work Sessions

Members of the city council and/or the mayor may call for a work session at any time. Work sessions shall be devoted exclusively to matters and discussion deemed essential and preliminary to the formal council meetings.

4. Public Hearings

Public meetings are not necessarily public hearings. A public meeting may be limited to observation by the public. A public hearing allows public input and commentary, as required by law. A meeting is not a public hearing unless specifically required and designated as such.

5. Agenda items

The agenda will be the guide to the meeting. While matters not on the agenda may at times come up for discussion, no final action can be taken on any matter not on the agenda.

Any member of the city council, the mayor or city recorder may request any item of business to appear on the agenda for council consideration. The individual making the request shall be the sponsor and provide the city recorder, who prepares the agenda, any supporting documentation, if applicable. This must be turned in by 5:00 p.m. on the Monday prior to the scheduled council meeting in which the item will be discussed. If an ordinance or resolution is the subject matter, it must be attached.

The mayor shall open and introduce an item on the agenda in order, unless the mayor feels there is good reason to go out of order. If the item requires discussion, the council members can consider the item in a polite, civil exchange of ideas for as long as necessary. The mayor may or may not, at his or her discretion, allow members of the public or staff to participate in the discussion. When the mayor thinks the discussion has gone on long enough, and the item is one that requires a decision of the council, the mayor can call for a vote on the matter. Any council member who desires, can at any time also ask the mayor to either move on to the next agenda item or call for a vote on the item. No formal motions or seconds are required or necessary to end the discussion.

6. Quorum defined

The number of council members necessary to constitute a quorum in a municipality operating under a six member council form of government is three, excluding the mayor.

7. How the vote is taken

A roll call vote shall be taken and recorded for all ordinances, resolutions and any action which would create a liability against the municipality and in any other case at the request of any member of the governing body by a "yes" or "no" vote and shall be recorded. Every resolution or ordinance shall be in writing before the vote is taken.

8. Minimum vote required

(1) The minimum number of yes votes required to pass any ordinance or resolution or to take any action by the council, unless otherwise prescribed by law, is a majority of the voting members of the council, without considering any vacancy in the council.

(2) Any ordinance, resolution or motion of the council having fewer favorable votes than required in this section is defeated and invalid.

(3) Notwithstanding, a council meeting may be adjourned to a specific time by a majority vote of the council even though the majority vote is less than required in this section.

(4) A majority of the council members, regardless of number, may fill any vacancy in the council as provided under Utah Code 20A-1-510.

9. Reconsideration

Any action taken by the governing body may not be reconsidered or rescinded at any special meeting unless the number of members of the governing body present at the special meeting is equal to or greater than the number of members present at the meeting when the action was approved.

10. Rules of conduct for members of the governing body

The governing body of each municipality may fine or expel any member for disorderly conduct on a two-thirds vote of the members of the governing body.

11. Rules of conduct for the public

The governing body, on a two-thirds vote, may expel any person who is disorderly during the meeting. This section or any action taken by the governing body does not preclude prosecution under any other provision of law.

12. Citizen comment period

A time during the initial portion of the regular council meeting shall be reserved for citizens’ comment period. The council may limit the time allowed for this period. During this time, citizens may address the council on any subject, however, comments will not be received at this time for subjects that are regular agenda items.

This comment time may be limited to three (3) minutes per person. Those wishing to be heard shall seek recognition from the chair. Once recognized, the citizen will come to the front and shall state his/her name for the record. All remarks shall be addressed to the mayor or entire council.

The mayor may request citizen comment during other portions of the council meeting, as he/she sees fit.

13. Council business

(1) MOTIONS: All council decisions shall be made by motion. Submitting a motion is a request for action made to the other council members. Any council member may move or submit a motion to the other council members on any item being discussed. Before submitting a motion, the moving council member shall clearly state the substance of the motion as briefly as possible. The chair shall then repeat the motion or ask the recorder for a restatement, then ask for a second on the motion. Any council member, other than the one who submitted the motion, may provide the second. After receiving the second, if any, the chair shall ask for discussion before a vote on the motion. Those supporting the motion shall state "yes", all others shall state "no."

(2) AMENDMENTS: Any council member may amend motions. The process of amendment shall follow the process as set forth above, however, an amendment must be submitted to the council prior to final consideration of the original motion.

14. Severability

The invalidation of any portion of this resolution by any court of competent jurisdiction shall not affect the remaining portions of the resolution, and the same shall continue in full force and effect. Moreover, this resolution not meant to be exhaustive and shall be controlled by State law where it is silent.

15. Procedures in absence of rule

In the absence of council rule governing procedure or order Robert’s Rule of Order shall prevail.

16. Anonymous communications

Unsigned or anonymous communications will not be introduced.

EFFECTIVE DATE: This resolution shall be effective immediately upon adoption.

APPROVED AND ADOPTED this 13th day of December, 2011

CITY OF MONROE

____________________________________

Mayor R. Kirt Nilsson

ATTEST:

___________________________________

City Recorder Emalee H. Curtis

ROLL CALL VOTE         YES             NO

Councilmember Gadd ___x___ ______

Councilmember Oldroyd ___x___ ______

Councilmember Ogden ___x___ ______

Councilmember Monroe _______ Absent

Councilmember Torgersen ___x___ ______  

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