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Ordinance No. 13-87 Amending Code of Ordinances - Rules of Procedure for City Council February 2 1987ORDINANCE NO.13-87 - AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTIONS 2-31 THROUGH 2-55 THEREOF AND BY ENACTING NEW SECTIONS 2-31 THROUGH 2-45 IN LIEU THEREOF PROVIDING FOR RULES OF PROCEDURE FOR CITY COUNCIL. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by repealing Sections 2-31 through 2-55 thereof and by enacting new Sections 2-31 through 2-45 in lieu thereof as follows: DIVISION 2. RULES OF PROCEDURE. SEC. 2-31. PURPOSE. The purpose of the Rules of Procedure for City Council is to instill and maintain public confidence in City government by: (a) Promoting the orderly and expeditious process of conducting City business; (b) Protecting the rights of each individual by encouraging public comment and giving every proposition under consideration free and full debate; and (c) Carrying out the will of a majority of the City Council while preserving the rights of all Council Members. SEC. 2-32. GENERAL RULES. (a) Meetings to be Public. All meetings of the City Council shall be called and conducted in accordance with the Code of Iowa. (b) Quorum. Four members of the City Council shall constitute a quorum and be necessary for the transaction of business. If a quorum is not present, those in attendance will be named and they shall adjourn to a later time. The City Council may delay the start of a meeting for a maximum of 15 minutes if agreed upon by those present. (c) Compelling Attendance. The City Council may adjourn from day to day to compel the attendance of absent members. (d) Minutes of Proceedings. An account of all proceedings of the City Council shall be kept by the City Clerk and shall be entered in a book constituting the official record of the City Council. (e) Right of Floor. Any member desiring to speak shall be recognized by the Presiding Officer and shall confine his or her remarks to the subject under consideration or to be considered. -2- (f) City Manager. The City Manager shall attend all meetings of the City Council unless excused and shall have charge of the council meeting room. The City Manager may make recommendations to the City Council and upon recognition by the Presiding Officer shall have the right to take part in any discussions of the City Council. (g) Corporation Counsel. The Corporation Counsel shall attend all meetings of the City Council unless excused and shall, upon request by the City Council, give an opinion, either written or oral, on questions of law. The Corporation Counsel shall act as the City Council's parliamentarian. (h) City Clerk. The City Clerk shall attend all meetings of the City Council unless excused and shall keep the official minutes and perform such other duties as may be requested by the City Council. (i) Rules of Order. "Roberts Rules of Order Revised" shall govern the proceedings of the City Council in all cases, unless they are in conflict with these rules or the Code of Iowa. SEC. 2-33. TYPES OF MEETINGS. (a) Regular Meeting. Regular meetings of the City Council shall be held as required by Section 2-22 of the Code of Ordinances. (b) Special Meetings. Special meetings may be called by the Mayor or by a majority of the members of the City Council. The call for a special meeting shall be filed with the City Clerk in written form, except that announcement of a special meeting during any regular meeting shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, the hour, and the location of the special meeting and shall list the subject or subjects to be considered. (c) Recessed Meetings. Any meeting of the City Council may be recessed to a later date and time, provided that no recess shall be for a longer period than until the next Regular Meeting. (d) Work Sessions. The City Council may meet informally in Work Sessions (open to the public), at the call of the Mayor or of any four members of the City Council, to review forthcoming programs of the City, receive progress reports on current programs or projects, or receive other similar information from the City Manager. SEC. 2-34. ATTENDANCE OF MEDIA AT CITY COUNCIL MEETINGS. All meetings of the City Council shall be open to the media, freely subject to recording by radio, television and photographic services at any time, provided that such arrangements do not interfere with the orderly conduct of the meetings. SEC. 2-35. PRESIDING OFFICER. (a) Presiding Officer. The Mayor shall preside as the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro-Tem shall preside. In the absence of both the Mayor and the Mayor Pro-Tem, the City Council shall elect a Presiding Officer. -3- (b) Ca11 to Order. The meetings of the City Council shall be called to order by the Mayor or, in his/her absence, by the Mayor Pro-Tem. In the absence of both the Mayor and the Mayor Pro-Tem, the meeting shall be called to order by the City Clerk for the election of a temporary Presiding Officer. (c) Preservation of Order. The Presiding Officer shall preserve order and decorum, prevent attacks on personalities or the impugning of members' motives, and confine members in debate to the question under discussion. (1) The Mayor Pro-tem shall sit to the immediate right of the Mayor. (2) While the Mayor is putting the question, no member shall walk across or out of the Council Room. (3) While a member is speaking, no member shall entertain private discourse. (4) No member shall leave the sitting of a City Council meeting without permission of the Presiding Officer. (d) Points of Order. The Presiding Officer shall determine all points of order, subject to the right of any member to appeal to the City Council. If any appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?" (e) Motion to Reconsider. A motion to reconsider shall not be entertained except at the same City Council meeting, or at the next succeeding regular City Council meeting after the meeting on which the vote was taken and shall be made only by a member who voted with the prevailing side. (f) Substitution for Presiding Officer. The Mayor may call upon the Mayor Pro-Tem or in the absence of the Mayor Pro-Tem any other member to temporarily chair the City Council meeting in order to take part in debate, to make a motion, or to cover a temporary absence. Such substitution shall not continue beyond adjournment. SEC. 2-36. MOTIONS. A motion is a proposal that the City Council take formal action. (a) Classification of Motions. 1. Main Motions. A main motion is one which independently presents an idea for consideration. Only one main motion can be considered at a given time, and such a motion, when introduced, excludes all other main motions until it has been voted upon or disposed of otherwise. 2. Subsidiary Motions. A subsidiary motion is one growing out of and applied to another motion already under consideration. Their existence as motions depend entirely upon the principal motion to which they are subordinate. Such motions must be voted upon before voting upon the motion to which they apply. -4- 3. Privileged Motions. A privileged motion is one which is so vital in character that it takes precedence over all other motions. Such motions have no connection with the motion under consideration. A privileged motion sets aside temporarily any business under consideration. 4. Incidental Motions. An incidental motion is one growing out of another motion already under consideration. Such a motion must be disposed of before the main motion or other business under consideration. (b) Progress of Motions. 1. A Councilmember Addresses the Presiding Officer. The presiding officer should be addressed by title. 2. The Council member is Recognized by the Presiding Officer. The presiding officer recognizes the council member by name or by a nod. Having received formal recognition from the presiding officer, the council member is said to "have the floor" and is the only member entitled to present or discuss a motion. 3. The Council Member Proposes a Motion. A motion is always introduced in the form, "I move that" followed by a statement of the proposal. Aside from very brief explanatory remarks, it is not permissible to discuss the merits of a motion prior to, or immediately following, the formal proposal of the motion. All discussion must wait until the Presiding Officer has stated the motion and has asked for discussion. 4. Another Council Member Seconds the Motion. Another council member, without addressing the presiding officer, may say, "I second the motion." Seconding the motion is merely an indication that the council member seconding it wishes the matter to come to the City Council for consideration. If no one seconds the motion, the Presiding Officer may ask, "Is there a second to the motion?" If there is none, the Presiding Officer may declare, "The motion is lost for want of a second." 5. The Presiding Officer States the Motion to the City Council. When a motion has been been properly proposed and seconded, the Presiding Officer repeats the motion to the City Council. After the motion has been formally stated to the City Council, the motion may be spoken of as "a question", "a proposition", or "a measure". 6. The City Council Discusses or Debates the Motion. After the motion has been formally stated by the Presiding Officer, any council member has a right to discuss the issue. Council members must obtain the floor in the same manner as when presenting a motion. Normally the first person who asks recognition is entitled to speak. All discussion must be confined to the question under consideration. The Presiding Officer should always show preference to the proposer of the motion. A council member who has not spoken before has claim over a council member who has already discussed the question, or who has proposed another motion. If the Presiding Officer knows the opinions of the various council members regarding the measure, he/she should alternate between those favoring the measure and those in opposition to the measure. -5 - The Presiding Officer should recognize a council member who seldom speaks in preference to a council member who frequently speaks. 7. The Presiding Officer Takes the Vote on the Motion. When all council members who desire to discuss the question have done so, the Presiding Officer "puts the motion to a vote". Before taking the vote, the Presiding Officer may inquire, "Is there any further discussion?" or "Are you ready for the question?" If no council member responds, the Presiding Officer presumes discussion is closed. The presiding officer will proceed to instruct the City Clerk to take a roll call vote. 8. The Presiding Officer Announces the Result of the Vote. The presiding officer formally announces the result of the vote, saying, "The motion is carried" or "The motion is lost." As soon as the vote has been announced, another motion is in order. SEC. 2-37. AMENDMENTS TO MOTIONS. Any amendment to a motion changes a motion by adding to it, taking from it, or by altering it in some other way. The purpose of the motion to amend is to modify a motion that has already been presented in such a manner that it will be more satisfactory to the council members. An amendment to a motion may be hostile, but it must be germane. By "germane" it is meant having direct bearing upon the subject matter of the motion; that is, relevant, or relating to it. (a) Methods of Amending Motions. 1. By Addition or Insertion - To add something to the motion which it did not contain 2. By Eliminating or by Striking Out - To subtract or eliminate something from a motion that was originally a part of the motion 3. By Substitution - This method is a combination of the first two methods, since in amending by substitution something is stricken out and something inserted in its place. The substitution may consist of a word, a phrase, a clause, or an entirely new motion. (b) Progress of Amendments. 1. Types of Amendments Amendments of the first rank. This is an amendment to the motion. Amendments of the second rank. This is an amendment to the amendment. This type of amendment must modify and relate directly to the amendment and not to the main motion. Otherwise, it is out of order. It is not in order to propose more than one amendment of each rank at one time. If a council member wishes to amend two separate and related parts of a motion, this must be done by two amendments of the second rank, and one must be voted upon before the other is proposed. It is permissible to have a motion, one amendment to the motion (amendment of the first rank), and one amendment to the amendment (amendment of the second rank) before the City Council at once. Until the amendment of the second rank has been voted upon, no other amendment of the second rank is in order. -6- Until the amendment of the first rank is voted upon, no other amendment of the first rank can be proposed. 2. Order of Voting Amendments are voted upon in inverse order; that is, the amendment of the second rank is disposed of first. Discussion is held and the vote taken upon the amendment to the amendment. Discussion is held and the vote taken upon the amendment to the motion. When the vote on the amendments have been taken, discussion upon the original or the main motion as amendment is held and when completed, a vote is taken upon the original or main motion as amended. s • SEC. 2-38. CHART OF PREFERENCE OF MOTIONS. PRI V I LEND MOTIONS 1. To fix time at which to adjourn 2. To adjourn (unqualified) 3. To take a recess 4. To rise to a question of privilege 5. To call for the orders of the day SUBSIDIARY MiOTI ONS 6. To lay on, or take from, the table 7, To call for the previous question 8. Too limit, or extend limits, of debate 9. To postpone definitely 10. To refer to a committee 11. To amend 12. To postpone indefinitely MAIN MOTI ONS 13. a. General main motions b. Specific main motions To take from the table To reconsider To reconsider and have entered on the minutes To rescind To expunge To adopt a resolution To adjourn (qualified) To create orders of the day (spec.) To amend (constitution, etc.) INCIDENTAL NOTIONS To suspend rules To withdraw a motion To read papers To object to consideration To rise to a point of order To rise to parliamentary inquiry To appeal from the decision of the chair To call for a division of the house To call for a division of a question May Interrupt Requires a Speaker a Second Debatable No Yes Limited No Yes No No Yes Limited Yes No No Yes No No 66E6666 No No Yes Yes No No No No No No No No No Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes No No No Yes No Yes No No Limited Limited Limited Yes Yes Yes No Yes No Yes Yes Yes Limited Yes Yes No No No No No No Limited No No Vote Required Maj. Maj. Maj. Chair rules None Maj. 2/3 2/3 Maj. Maj. Maj. Maj. Maj. Maj. Maj. None until called for 2/3 2/3 Maj. Maj. Gen.-MaJ. Spec.-2/3 Maj. 2/3 Maj. ►aj. 2/3 Chair rules or Maj. None Maj. Maj. Maj. Mbt i ons That May App l y Amend, None Amend All Non e Reconsider None Reconsider Amend, Reconsider Amend, Reconsider, Prev. Question Amend, Reconsider, Prev. Question Amend, Reconsider, Prev. Question Limit Deb. Prev. Ques., Reconsider All None Lim. Deb., Prev. Question, Table Postpone definitely None All All All Amend, Reconsider All Amend, Recon. Prev. Ques., Lim. Deb. None Reconsider All All None None All except amend All All SEC. 3-39. MOTIONS FOR SPECIAL PURPOSES. KIND OF MOTION To lay on the table To call for the previous question To limit or extend time for debate To postpone definitely (to a certain time) To commit or refer To amend To postpone indefinitely To raise a point of order To appeal from the decision of the chair To suspend the rules To object to the consideration of a question To divide a the question OBJECT Clear the floor for more urgent business Secure immediate vote on pending question Provides more or less time for discussion Often gives more time for informal discussion and for securing followers To enable more careful consider- ation to be given To improve the motion To prevent a vote on the question To call attention to violation of of rules To determine the attitude of the group on the ruling made by the chair To permit action not possible under the rules Prevent wasting time on unimportant business Secure more careful consideration of parts EFFECT Delays action Ends debate Shortens or lengthens dis- cussion period Delays action Delays action To change the original motion To suppress the question Keeps group functioning according to parliamentary procedures Secures ruling of the group rather than by the chair Secure action which would otherwise be prevented by the rules Suppress the motion Secures action by parts KIND OF MOTION To nominate To make a request growing out of pending business To fix the time to which to adjourn To adjourn To take a recess To raise a ques- tion of privilege To call for the order of the day To take from the table To reconsider (Only a member of the prevail- ing side may make this motion To reconsider and have entered on the minutes (Only a member of the prevailing side may make this motion) To rescind To ratify OBJECT Suggest names for office To secure informa- tion or ask to be excused from a duty To have legal continuation of the meeting End the meeting To secure an intermission To correct un- desirable con- ditions To secure adher- ance to order of business Contine the con- sideration of the question To reconsider the question To reconsider the question at the next meeting Repeal action previously taken EFFECT Places before the group names for consideration Provide information Sets definite continuation time Adjourns the meeting Delays action Corrects undesirable condition Same as object Continue con- sideration of question Secures further consideration and another vote on the question Secures further consideration and another vote on the question Same as object Approves previous Same as object action taken -10- SEC. 2-40. ORDER OF BUSINESS AND AGENDA. (a) Order of Business. The general rule as to the order of business in regular meetings shall be as follows: 1. Reading of the Call 2. Roll Call 3. Proclamations 4. Public Hearings 5. Items to Be Set for Public Hearing 6. Action Items 7. Appointments to Boards and Commissions 8. Granting of Business Licenses 9. Consent Items 10. Public Input 11. Adjournment (b) Agenda. The order of business of each regular meeting shall be as contained in the Agenda prepared by the City Clerk. The Agenda shall be a listing by topic of subjects to be considered by the City Council and shall be made available or delivered to members of the City Council with supporting documents at least seventy-two (72) hours preceding the meeting to which it pertains. (c) Presentation by Members of Council. The Mayor or any Councilmember may bring before the City Council any business that he/she feels should be deliberated upon by the City Council. These matters need not be specifically listed on the Agenda, but formal action on such matters shall be deferred until a subsequent City Council meeting. SEC. 2-41. ORDINANCES, RESOLUTIONS, AND MOTIONS. (a) Form. Ordinances and resolutions shall be presented to the City Council only in printed or typewritten form. (b) Ordinances: Confined to One Subject; Exceptions. No ordinance except an appropriation ordinance, an ordinance adopting or embodying an administrative or governmental code, or an ordinance adopting a code of ordinance, shall relate to more than one subject which shall be clearly stated in its title. (c) Review by City Manager and Corporation Counsel. All ordinances and resolutions shall be "Reviewed By" the City Manager and approved by the Corporation Counsel as necessary. (d) Readingby Title Only. Upon being introduced, each proposed ordinance or resolution shall be read by title only, unless a member of the City Council requests a full reading of the ordinance or resolution. (e) Recordings of Votes. The ayes and nays shall be taken upon the passage of all ordinances, resolutions or motions and entered upon the minutes of the City Council. (f) Method of Voting. When any vote is called each Councilmember shall respond "yes (aye)", `no (nay)", "abstain", or "not voting". An abstention vote shall be considered as an aye vote in the affirmative. -11- (g) Tie Vote. In the event of a tie in votes on any motion, the motion shall be considered lost. A Councilmember may then direct to place the item on the next agenda. (h) Numbering Ordinances and Resolutions. Upon passage a number shall be assigned to each ordinance or resolution by the City Clerk. (i) Ordinance Passage Procedure. When passed by the City Council, an ordinance shall be signed by the presiding officer, attested to by the City Clerk, published in the designated newspaper and thereafter preserved in the office of the City Clerk. SEC. 2-42. ESTABLISHMENT OF COMMITTEES, BOARDS AND COMMISSIONS. (a) Citizen Committees, Boards and Commissions. The City Council may establish committees, boards, and commissions to assist in the conduct of the operation of the City government with such duties and powers as the City Council may specify not inconsistent with the Code of Ordinances or the laws of the State of Iowa. (b) Membership and Selections. Membership and selection of members of Boards and Commissions shall be as specified in the Code of Ordinances or the Code of Iowa. Any committee, board, or commission so established shall cease to exist upon the accomplisment of the special purpose for which it was created, or when abolished by a majority vote of the City Council or as specified in the Code of Iowa. (c) Nominations. A nomination is the formal presentation to the City Council of the name of a candidate for a position to be filled. Applications for vacancies shall be received by the City Clerk and presented to the City Council for consideration at a regular or special council meeting. The nominations procedure shall be as follows: (1) Nominations are in order as soon as the Presiding Officer calls for them. (2) Nominations do not require a second. (3) As a nomination is made, the Presiding Officer shall repeat the name. (4) No Councilmember may nominate more than one candidate for each office. (5) If there are no further nominations, the Presiding Officer may declare the nominations closed. (6) A motion to reopen nominations requires a two-thirds vote. (7) Prior to voting but following the formal closing of nominations, nominations may be reopened by a motion which requires only a majority to carry. (8) After the nominations are closed, the City Council proceeds to vote upon the names by a roll call vote. If a candidate receives a majority vote of the City Council, that candidate is appointed. -12- (9) If no candidate receives a majority vote of the City Council, a second roll call vote is then taken on those candidates voted upon the first time. (10) If no candidate is elected on the second roll call vote, a motion that only the two highest candidates on the previous roll call vote be considered on the third roll call vote is in order. (d) Oath of Office. Each person upon appointment or reappointment to a Board or Commission shall execute an Oath of Office at the City Clerk's office within ten days of appointment or reappointment. (e) Records. The City Clerk shall maintain all applications, oaths of office and appointment records of all members of Boards and Commissions. Applications of unsuccessful candidates for appointment to Boards and Commissions shall be maintained by the City Clerk for one year after which time such application forms may be destroyed. (f) Removal of Members of Boards and Commissions. The City Council may remove any member of any board or commission which it has established. SEC. 2-43. RIGHTS OF THE PUBLIC. (a) Addressing the City Council. Any person desiring to address the City Council by oral communication shall first secure the permission of the Presiding Officer, provided; however, preference will be given to those persons who have notified the City Clerk by noon of the Wednesday immediately preceding the regular Council Meeting of their desire to speak in order that their name may be placed on the agenda. (b) Manner of Addressing the City Council -- Time Limit. Each person addressing the City Council shall step up to the microphone, shall give his/her name and address and if representing an organization or another person, shall so state, in an audible tone of voice for the record, and, unless further time is granted by the Presiding Officer, shall limit their address to five minutes. All remarks shall be addressed to the City Council as a body, not to any city officer or employee. No person, other than members of the City Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the City Council. No questions shall be asked of individual Councilmembers nor of any city officer or employee, except through the Presiding Officer. (c) Personal and Slanderous Remarks. Any person making personal, impertinent or slanderous remarks, or who shall become boisterous, while addressing the City Council may be requested to leave the meeting and may be by the Presiding Officer barred from further audience before the City Council. (d) Reading of Protests. Interested persons, or their authorized representatives, may address the City Council for the reading of protests, petitions, or communications relating to any matter over which the City Council has control when the item is under consideration by the City Council, if a majority of the City Council present agrees to let them be heard. -13- (e) Written Communications. Interested parties, or their authorized representatives, may address the City Council by written communication in regard to any matter concerning the City's business or over which the City Council has control at anytime by direct mail or by addressing the City Clerk. All such written communications must be received by the City Clerk by noon of the Wednesday immediately proceeding the regular council meeting in order that such material may be placed on the agenda for such meeting. SEC. 2-44. SUSPENSION OF RULES. Any provision of these rules not otherwise governed by the Code of Ordinances or the Code of Iowa may be temporarily suspended by a vote of three -fourths of the Councilmembers present. SEC. 2-45. AMENDMENT OF RULES. These rules may be amended, or new rules adopted, by a majority vote of all members of the City Council, provided that the proposed amendments or new rules shall have been introduced into the record at a prior regular City Council meeting. PASSED, APPROVED AND ADOPTED this 2nd day of Febrary.1987 $E035X Jam jE. Brady, Mayor Mary A// Davis, City Cl erk