City of Tolleson, Arizona City Council Rules of Procedure 2011 SWR:pr2 749402.5 3/25/2011
CITY OF TOLLESON, ARIZONA CITY COUNCIL RULES OF PROCEDURE 2011 TABLE OF CONTENTS ARTICLE 1. AUTHORITY...1 ARTICLE 2. PRIORITY IN APPLICATION AND INTERPRETATION...1 ARTICLE 3. PARLIMENTARIAN...1 ARTICLE 4. PRESIDING OFFICER...1 ARTICLE 5. NOTICE AND AGENDA...1 5.1 Regular Meetings...1 5.2 Special Meetings...2 5.3 Emergency Meetings...2 5.4 Work Study Sessions...2 5.5 Executive Sessions...2 ARTICLE 6. QUORUM...3 ARTICLE 7. MEETINGS TO BE PUBLIC...3 ARTICLE 8. REGULAR AGENDAS...3 ARTICLE 9. CONSENT AGENDAS...3 ARTICLE 10. MINUTES...4 ARTICLE 11. ORDER OF BUSINESS...4 ARTICLE 12. MOTIONS...6 ARTICLE 13. SUSPENSION OF RULES...7 SWR:pr2 749402.5 3/25/2011 i
ARTICLE 1. AUTHORITY The following Rules of Procedure (Rules) are adopted pursuant to the authority granted the City Council under Arizona Revised Statutes Section 9-234, as amended. ARTICLE 2. PRIORITY IN APPLICATION AND INTERPRETATION Priority in the application and interpretation of the Rules adopted herein will be given in the following order: A. Arizona Open Meetings Law, as amended. B. Tolleson City Code C. City Council Rules of Procedures D. Roberts Rules of Order (as a guide only) ARTICLE 3. PARLIAMENTARIAN The City Attorney shall serve as Parliamentarian for all City Council Meetings. The City Clerk shall act as Parliamentarian in the absence of the City Attorney. The City Manager shall act as Parliamentarian in the absence of both the City Attorney and City Clerk. The Assistant City Manager shall act as Parliamentarian in the absence of the City Attorney, the City Clerk and the City Manager. ARTICLE 4. PRESIDING OFFICER The Mayor, or in the Mayor s absence the Vice-Mayor, shall serve as the Chair and the Presiding Officer of all meetings of the City Council. In the absence or disability of both the Mayor and the Vice-Mayor, the meeting shall be called to order by the City Clerk, whereupon, the City Clerk shall immediately call for the selection of a temporary Chair and Presiding Officer. ARTICLE 5. MEETINGS OF THE CITY COUNCIL Section 5.1 Regular Meetings A. The City Council shall hold regular meetings on the second and fourth Tuesday of each month at 7:00 p.m. unless otherwise designated. When the day fixed for any regular meeting of the City Council falls upon a day designated by law as a legal holiday, such meeting shall be held at the same hour on the next succeeding day not a holiday. Unless provided otherwise in the notice of meeting, all regular meetings of the City Council shall be held in the City Hall Complex of Tolleson. B. In order to accommodate vacation, travel scheduling or other needs of Council Members, the City Council may, by majority vote, temporarily adjust the schedule of the two per month Regular Meetings. SWR:pr2 749402.5 3/25/2011 1
Section 5.2 Special Meetings The Mayor, or the City Manager upon the written request of three (3) Council Members, may convene the City Council for a Special Meeting at any time by notifying the Council Members of the date, hour, place and purpose of such Special Meeting. Section 5.3 Emergency Meetings In the case of an actual emergency, the Mayor, or in the Mayor s absence the Vice-Mayor, may call an Emergency Meeting, including an Executive Session, upon notice appropriate to the circumstances, to discuss or take action on an unforeseen issue where time is of the essence and sufficient time does not provide for the posting of a meeting notice 24-hours or more before the meeting. Notice of an Emergency Meeting of the Mayor and Council will be posted within 24- hours following the holding of an Emergency Meeting. The Notice will include the information required under the Arizona Open Meetings Law. Section 5.4 Work Study Sessions The City Council may convene at scheduled and noticed times in order to meet in Work Study Sessions. The Mayor shall determine the time, date, and location of all Work Study Sessions. Work Study Sessions are held for the purpose of presentations and discussions on such issues that require more in-depth consideration by the City Council than may be possible at a Regular Meeting. No legal action of the City Council may be taken at such Work Study Sessions. Section 5.5 Executive Sessions A. Executive Sessions may be placed on an agenda under the same circumstances as any other agenda item, however approval of the City Attorney of all Executive Sessions shall be required to assure compliance with the Arizona Open Meetings Law. Executive Sessions may only be placed on the agenda if the issue is allowed to be considered in an Executive Session pursuant to state law. B. Under normal circumstances, Executive Sessions will be attended by the Mayor and Council Members, City Manager, City Clerk and City Attorney. Other individuals reasonably necessary in order for the council to carry out its Executive Session responsibilities may attend the Executive Session. C. Executive sessions are not to be tape recorded, but an individual appointed by the Mayor shall take written minutes of Executive Sessions to document the nature and extent of the discussions. All minutes of Executive Sessions shall be sealed and retained by the City Clerk. Only those individuals who were present at a particular Executive Session or others specifically permitted by law may review the minutes of that Executive Session. D. No legal action involving a final vote or decision shall be taken in Executive Session, including but not limited to, any vote or decision involving or pertaining to an ordinance, order, rule, resolution, regulation, contract, appointment or other official action of the City Council. SWR:pr2 749402.5 3/25/2011 2
ARTICLE 6. QUORUM A majority of the members of the City Council shall constitute a quorum for transacting business but a lesser number may adjourn from time to time and compel the attendance of absent members. No such adjournment shall be to a day beyond the next stated meeting of the City Council. ARTICLE 7. MEETINGS TO BE PUBLIC A. With exception of Executive Sessions, all Regular, Special and Emergency Meetings and Work Study Sessions of the City Council shall be open to the public. B. All Public Meetings may be recorded or photographed by means of audio, video or photographic equipment provided, however, that there is not interference in the orderly conduct of the meeting, and that said equipment is placed in non-hazardous locations as designated by City Staff. ARTICLE 8. REGULAR AGENDAS A. Agendas may include any matters requested by the Mayor, three City Council Members or the City Manager. B. Prior to each City Council meeting or session, the City Clerk shall collect all written reports, communications, ordinances, resolutions, contracts and other documents to be submitted to the City Council, and prepare an agenda according to the order of business and shall furnish a copy to each member of the City Council and the City Attorney at least 24 hours prior to any such meeting or session. Agendas of all meetings and sessions of the City Council shall be posted as required by state law and made available to the public no less than 24 hours prior to such meetings or sessions. C. The City Clerk shall post all public meeting notices and agendas on the City website, and shall post on the website a statement describing the physical and electronic locations of the posting of all City meeting notices and agendas. ARTICLE 9. CONSENT AGENDAS A. When any item of business requires action by the City Council, but is of a routine nature, such item may be presented at a Regular Meeting of the City Council as part of a Consent Agenda. B. The Consent Agenda may be introduced by a motion To approve the Consent Agenda, and may be considered by the City Council as a single item. C. There shall be no debate or discussion by any City Council Member regarding any item on the Consent Agenda, beyond asking questions for simple clarification. SWR:pr2 749402.5 3/25/2011 3
D. All items on the Consent Agenda which require public hearings shall be open for hearing simultaneously, and the Mayor may announce, or direct the City Clerk to announce, the titles of all such items. E. Upon objection by any City Council Member to inclusion of any item on the Consent Agenda, that item will be removed from the Consent Agenda forthwith. Such objections may be recorded at any time prior to the taking of a vote on the motion to approve the Consent Agenda. All such items will be considered individually, in the order in which they were objected to, immediately following consideration of the Consent Agenda. F. Approval of the motion to approve the Consent Agenda shall be fully equivalent to approval, adoption or enactment of each motion, resolution, ordinance or other item of business thereon, exactly as if each had been acted upon individually. ARTICLE 10. MINUTES A. The City Clerk, or designee, shall take written minutes or a recording of all City Council meetings and sessions. For meetings and sessions other than Executive Sessions, such minutes or recording shall include, at a minimum: 1. The date, time and place of the meeting or session. 2. The City Council Members as either present or absent. 3. A general description of the matters considered. 4. An accurate description of all legal actions proposed, discussed or taken, and the names of the City Council Members who propose each motion. The minutes shall also include the names of the persons, as given, making statements or presenting material to the City Council and a reference to the legal action about which they made statements or presented material. B. Minutes of Executive Sessions shall include items set forth in A. 1., 2. and 3 above, an accurate description of all instructions given, pursuant to A.R.S. Section 38-431.03, subsection A, paragraphs 4, 5 and 7 and such other matters as may be deemed appropriate by the City Council. C. The minutes or a recording of all meeting and sessions of the City Council other than Executive Sessions shall be available for public inspection three working days after the meeting or session. D. Within three (3) working days after a meeting, the City Clerk shall post on the City s website, either a statement describing the legal actions taken by the Mayor and Council during the meeting or any recording of the meeting. Within two (2) working days following approval of the minutes, the City Clerk shall post to the City s website the approved minutes. Within ten (10) working days after a subcommittee or advisory committee meeting, the City Clerk shall post to the City s website either a statement SWR:pr2 749402.5 3/25/2011 4
describing legal action or a recording of the meeting. Any posting on the website required by this paragraph D shall remain on the City s website for at least one (1) year after the date of posting. ARTICLE 11. ORDER OF BUSINESS The business of the City Council at its Regular Meetings will be taken up for consideration and disposition in the following order unless otherwise modified by the Mayor: A. Call to Order. The Mayor will take the chair at the hour appointed for the meeting or session and shall call the City Council to order. B. Pledge of Allegiance. At every City Council meeting, the Mayor may request someone on the City Council or in the audience to lead the pledge of allegiance to the flag. C. Invocation/Moment of Silence. If desired, the Mayor may request someone on the City Council or in the audience to lead the invocation/moment of silence. D. Roll Call. Before proceeding with the business of the City Council, the City Clerk or the City Clerk s designee shall enter in the minutes the names of those members of the City Council present and those absent. If a quorum is not present, the Council Members present may adjourn pursuant to Article 6 above. E. Final Call to Submit Speaker Request Forms. The Mayor may announce the Final Call to Submit Speaker Request Forms. All citizens and interested parties wishing to speak before the City Council shall fully complete a Speaker Request Form and, if possible, submit the form(s) to the City Clerk, or designee, prior to the meeting being convened; but in any case submissions should be made no later than the Mayor announcing the Final Call to Submit Speaker Request Forms. F. Call to the Public (Non-Agenda Items). Persons who have submitted a completed Speaker Request Form may address the City Council on items not already on the agenda, although each speaker is limited to no more than three (3) minutes or such additional time as may be permitted by the Mayor. The Mayor or City Council may limit the total time offered speakers. At the conclusion of the Call to the Public, individual members of the City Council may only (i) respond to criticism made by those who addressed the City Council, (ii) ask staff to review a matter, or (iii) ask that a matter be placed on a future agenda. The City Council is not permitted under state law to discuss or take legal action on matters raised during a Call to the Public unless the matters were properly noticed for discussion and legal action. G. Scheduled Public Appearances. Speakers invited by the City to make informational, educational or other presentations may be asked to do so at this time. H. Business from the Floor-Public Hearings and Action. All public hearings scheduled for the meeting may be held under this agenda heading. Any item related to the hearing SWR:pr2 749402.5 3/25/2011 5
requiring legal action may be discussed and voted upon immediately following the hearing. I. Consent Agenda. Items on the Consent Agenda may be considered by the City Council in accordance with Article 9 above including, without limitation, approval of minutes of previous meetings or sessions. J. Regular Agenda. Any business not heretofore conducted may be considered by the City Council, including the introductions of ordinances and resolutions. K. Reports by Officers. The City Manager, other City staff, or committees or boards may present any reports required by the City Council. L. Executive Session. An Executive Session may be scheduled at any time and placed on the agenda. The City may convene into Executive Session in accordance with Section 5.5 above. At the close of the Executive Session, the City Council may reconvene into the public meeting to discuss or take legal action on matters that were the subject of the Executive Session. M. Adjournment. The City Council may, by majority vote of those present, adjourn to a specific date and hour. A motion to adjourn shall always be in order and decided without debate. ARTICLE 12. MOTIONS A. A motion may be made by beginning the statement with words such as, I move that... A motion must be stated clearly, and specifically state the contents of the motion. There can be no discussion after a motion is made until there is a second or the motion dies for lack of a second. If there is not a second, the Mayor may announce that the motion failed for lack of a second, and the discussion may continue, or the City Council may move on to the next agenda item. B. At any time before the question is called on a pending motion, the City Council Member who made the motion may ask or may be asked by another Council Member, that his or her motion be amended. At the time of the amendment, the amendment shall be clearly stated. If the City Council Member who seconded the vote agrees, then the motion shall be considered amended voluntarily. C. At any time before the question is called on a pending motion, a City Council Member may make a motion to amend the motion. At that time the discussion of the underlying issue will stop. If there is not a second to the motion to amend, then discussion on the underlying issue will continue. If there is a second to the motion to amend and the motion is not amended pursuant to paragraph B above, then all discussion will be confined to the motion to amend, and there shall be a vote on the motion to amend. If the motion to amend is adopted by majority vote of the City Council, discussion will continue on the (now) amended motion. If the motion to amend fails, discussion will continue on the original motion on the floor. SWR:pr2 749402.5 3/25/2011 6
D. At any time before the question is called on a pending motion, the City Council Member who made the motion may ask that his or her motion be withdrawn. The motion will be withdrawn only in the event that the City Council Member who seconded the motion agrees with withdrawal of the motion. E. Discussion is to end at the time the question is called, or at the time the Mayor determines that there is no further discussion desired by any City Council Member. The Mayor may direct the City Clerk to read the motion. If there is a conflict as to whether the motion as read is the motion as intended, the matter will revert to further discussion until the discrepancy is corrected. F. The Mayor may ask City Council Members to designate their individual votes by announcing aye or nay. If, prior to the vote or after the vote, any City Council Member requests a roll call vote, the City Clerk shall call roll, and each City Council Member shall state his or her vote aloud. G. A motion passes if it receives more aye votes than the combined number of nay votes plus the number of City Council Members abstaining from voting on the motion, regardless of the reason for the abstention. In the case of a tie in votes on any motion, the motion shall be considered defeated. Council Members abstaining from voting will be deemed to have voted on the side of the majority, but in no event shall the abstentions break a tie vote. H. Reconsideration of any action taken by the City Council may be requested only by a City Council Member who was on the prevailing side of the vote. Such City Council Member may request that the motion to reconsider be considered at the same or next available meeting. If the motion to reconsider is successful, the City Council may discuss and vote on the original issue, and any City Council Member may make motions on the original issue. ARTICLE 13. SUSPENSION OF RULES Any of the provisions of these Rules of Procedure may be temporarily suspended by the Mayor or majority vote of the City Council in connection with any matter under consideration, except that this article shall not be construed to permit any action that is contrary to state statutes. SWR:pr2 749402.5 3/25/2011 7