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.
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(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.
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(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.
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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.
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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.
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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
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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.
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(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.
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(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.
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(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