Ordinances, Resolutions and Parliamentary Procedure Presented June 12, 2014 by Pam Fellin Missouri Municipal League Elected Officials Conference

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1 Ordinances, Resolutions and Parliamentary Procedure Presented June 12, 2014 by Pam Fellin Missouri Municipal League Elected Officials Conference Serving those who serve the public

2 Overview of Topics What is the difference between a resolution and an ordinance? What is a Resolution? What is an Ordinance? Classifications, requirements, content, and adoption procedures Codification Parliamentary Procedure

3 Compare/Contrast Ordinances and Resolutions Ordinances are the legislative acts of a governmental body Creates a new local law new authority for local government agents to act Resolutions are administrative acts of a governmental body A mere expression of opinion No real distinction between a resolution and an approved motion

4 Resolutions Deal with matters of special or temporary character Exception - Resolution to increase expenditures over budgeted amount Do not require formalities of procedure Mayoral veto power Recording of the ayes and nays

5 Ordinance Classifications General/Special Penal/Non-Penal Police Power Contracts Public Improvements Administrative Source: I Mo. Local Government Law 4.32 through 4.37 (MoBar 3d ed. 2002, 2008)

6 Ordinance Requirements Adopted by a legally existing governing body Governing body has power to act Ordinance is within scope of powers Ordinance has reasonable, definite, certain terms Adopted in the required form and using proper procedure In harmony with constitution and existing laws Serves a public purpose Source: I Mo. Local Government Law 4.39 (MoBar 3d ed. 2002, 2008)

7 Ordinance Contents & Procedure for Adoption Written Must include title or subject Recitals (recommended) Includes the magic words Be it ordained by Include an effective date Must be properly read In full or title only Vote recorded in minutes Signed by the Mayor

8 Codification of Ordinances System for organizing ordinances by type and section numbers Adoption of codes by reference Technical codes Nuisance abatement Model traffic code Vehicle equipment

9 Parliamentary Procedure Rules for Conduct Making meetings meaningful Sample Agenda Call to Order Roll call of members present Reading and/or approval of minutes of last meeting Officers reports Committee reports Unfinished business New business Announcement Adjournment

10 Motions Path to Decision-making Initiation by Chair Basic Motion Motion to Amend Substitute Motion

11 Know Your Motion Motion to Table Motion to Postpone Motion to Reconsider Motion to suspend the rules. Motion to Adjourn

12 Closed Session Sunshine Law Requirements When How Why

13 Resources Missouri Bar CLE Local Government Deskbook Robert s Rules of Order Parliamentarian Rules of Order Democratic Rules of Order Modern Rules of Order Robert s Rules for Dummies

14 Ordinances, Resolutions and Parliamentary Procedure Contact Information: Pam Fellin 520 SE 2 nd Street, Suite D Lee s Summit, Missouri (816) pfellin@laubermunicipal.com Scan with your smart phone QR reader Serving those who serve the public

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