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HomeMy WebLinkAbout03142022 City Council Special Meeting LAYDOWN - Committee of the WholeL 4�hMAYw AGENDA STATEMENT Meeting Date: March 14, 2022 From: Brenda Ballou, City Clerk Agenda Item: Committee of the Whole INTENT The city manager desires to utilize Committee of the Whole in order to obtain clear direction from council so that administration has a clear understanding of council's expectations. BACKGROUND & JUSTIFICATION City Council Rules of Procedures (CCROP) Rule 29 — Committees The Mayor may appoint standing committees of the Council as necessary or desirable and may appoint ad hoc committees to address specific topics. The Council may also meet in work sessions as a committee of the whole: (a) Committee of the Whole. The Council may meet as a Committee of the Whole composed of the entire council sitting as a legislative study committee. The Committee of the Whole shall not take any official action while in committee. The Mayor chairs the Committee of the Whole. Robert's Rules of Order In a Committee of the Whole, the results of votes taken are not final decisions of the body, but have the status of recommendations which the body may consider further when it votes on under its regular rules. While in Committee of the Whole, the body is considered a committee, and not the city council. The committee's proceedings are not entered in the minutes. The minutes carry only the vote to move into committee, the committee's report, and council's subsequent action. The committee can propose amendments to a resolution, and must include those recommendations for amendments in the report to council. The committee votes inside the committee on the items it wishes to present in its report to council. • For example, if a resolution is being reviewed by the committee, the committee can draft an amendment to the resolution and then the committee votes on including the proposed amendment in the report to council, but the committee does not vote on actually amending the resolution. Snapshot Council votes to go into a Committee of the Whole, a chair is appointed, the committee considers the matter at hand, the committee adopts a report to be made to council, then the committee votes to rise and report. The chair presents the report to the council, and then council considers the committee's recommendations. FORMAL PROCEDURES FOR MOVING IN & OUT OF COMMITTEE OF THE WHOLE Robert's Rules of Order prescribes how to engage in a Committee of the Whole — outlined below. STEP I: GOING INTO COMMITTEE Council motion to go into a Committee of the Whole: I move to go into a committee of the whole to consider A second is required. An affirmative vote of four is required to carry; roll call vote of council. STEP 2: APPOINT A CHAIR Someone other than the mayor or presiding officer of the council would normally be appointed chair of the committee, but the CCROP dictates the Mayor will be Chair. STEP 3: DISCUSS & DEBATE THE TOPIC(S) Notes are kept for the committee's use in formulating its report, but are not entered into the official meeting minutes. (The city clerk will keep notes) Discussion and debate is facilitated by the Chair; unless a limit on debate was prescribed by council prior to going into committee, each member can speak an unlimited number of times. The following motions may be made while in committee: • Adopt — a motion to adopt something for inclusion in the report • Amend — a motion to amend what was adopted to be in the report e Rise & Report — a motion to rise out of committee and report the findings to council Votes may be taken by raising hands (ayes first, then nays), by unanimous consent, or by counted rising vote (by order of the Chair). Other allowable motions while in committee: Point of Order — a motion to resume the rules of the committee; used when a member feels there is a violation of the rules; no second; not debatable or amendable; may interrupt a speaker if necessary because must be called promptly and reflect an infringement of rights (not used for minor technical issues); ruled upon by the chair Appeal of the Chair's Decision — a motion to overrule the chair's decision; motion and second required; is debatable (with exceptions); is not amendable; vote is taken "to sustain the decision of the chair" and may be reversed by failing; a tie vote sustains the Chair's decision. • Division — a motion which results re -taking the vote if the vote appears to be close and/or inconclusive (usually used in a large body). • Requests & Inquiries -- a motion to obtain additional information or to do, or have something done, that requires the permission of the council. Includes the following requests (all are in order when another has the floor if it requires immediate attention): - Parliamentary Inquiry — no second; not debatable; not amendable; no vote is required - Request/Point For/Of Information — no second; not debatable; not amendable; no vote is required; used to ask for information relevant to the business at hand - For Permission/Leave to Withdraw/Modify a Motion — no second; not debatable; not amendable; until a motion is on the floor, it belongs to the maker and can be withdrawn; once a motion is on the floor, it belongs to the body and may be withdrawn only by unanimous consent or vote of the body - To Read Papers — no second; not debatable; not amendable; used by a member to read an excerpt from a book or document which is not before the body for action; if the item is before the body for action, any member may request it be read, and if there is an objection, a vote must be taken - For Any Other Privilege — no second; not debatable; not amendable; should not be made by interrupting another who has the floor unless urgent and necessary; used by a member who wishes to address remarks or make a presentation while no motion is pending Restrictions and other considerations for the committee: • The committee may not appoint a subcommittee or refer a matter to another committee • An appeal on a decision of the chair must be voted on directly • The committee may not postpone or lay on the table • Limitations on debate or conditions of debate must be defined by the council before going into committee; if the committee wishes to enact a rule while in committee, they must rise and make the request of council • The committee cannot vote by roll call or by ballot • Cannot discipline any member of the committee; must report disciplinary issues to council • If the committee becomes disorderly, the Mayor may step in and declare the committee dissolved • The committee cannot adjourn or recess, but must rise (and request council do so) • A quorum is required at all times STEP 4: COMING OUT OF COMMITTEE When the committee's work is done, a member of the committee makes a motion: 1 move that the committee rise and report. (Rise = to cease functioning as a committee) A second is required; is not debatable and cannot be amended. An affirmative vote of four, or unanimous consent, is required to carry. If the committee needs a break (recess), they must rise and make that request of council. Council has the authority to recess. After the recess, council can move to go back into Committee of the Whole. If the committee originated a resolution, they conclude their work by voting to report the resolution as perfected. If the committee was referred a resolution, they conclude by voting on any amendments they will recommend to council in their report. STEP 5: RISING & REPORTING The Chair reports the results: The committee of the whole has considered and has directed me to report the following STEP 6: COUNCIL ACTION After hearing the committee report, council may take action on the recommendation(s) of the committee. The proposed amendments offered by the committee may be taken in gross (all together) by council, or else any council member may request to separate each amendment for council to consider. After the committee has risen and reported, the council rules resume; voting goes back to roll call voting. RECOMMENDATION 1. When council is ready to move into committee, someone makes a motion/second and vote to move into committee of the whole and state the purpose (or subject matter). Minutes will reflect the motion. 2. Mayor automatically becomes chair and facilitates the discussion; clerk takes notes. 3. When discussion is complete, someone moves to rise and report. Chair calls for objections. With no objections, council is back in their meeting. 4. The mayor verbalizes the "report" (summary/outcome) of the committee, which could include a recommendation that council take action in some way. This report will be reflected in the minutes of the meeting. 5. Continue on with the meeting agenda. Council takes action as a result of the committee report, if they wish, by making a motion/second and voting.