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HomeMy WebLinkAboutRes2003-116 I I I Sponsored by: Clerk CITY OF SEWARD, ALASKA RESOLUTION 2003-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING RULE 7, RULE 11, RULE 13, RULE 15, RULE 23, RULE 24, RULE 27 (b)(I), RULE 27 (2)(a), RULE 27 (2)(c), RULE 27 (11) (d), RULE 28 (d), RULE 32 (a), RULE 34 (a), RULE 36 (b), RULE 38, RULE 39, RULE 40, AND RULE 42 OF THE CITY COUNCIL RULES OF PROCEDURES DELETING GENDER SPECIFIC WORDING WHEREAS, the City Clerk's office has reviewed the Council Rules of Procedure and would like to delete any gender specific wording throughout the City Council Rules of Procedures manual; and WHEREAS, the Clerk's office wishes to amend the City Council Rules of Procedure to appear as follows (strike out = deletions, bold italics = additions): RULE 7. In the event that any member of the City Council departs from the city with the intent of remaining absent for more than 90 days, or fails to attend meetings of the Council for a period of90 consecutive days, or attends less than 5 ofthe meetings ofthe Council during any continuous period of 5 months, the Council may declare the office of such member vacant. Members of the Council may be excused from attending a meeting of the Council by complying with this section. The member must contact the City Clerk prior to the meeting and state the reason for his-their inability to attend the meeting. The City Clerk will inform the Presiding Officer of the request for excused absence prior to the meeting, and the Presiding Officer will rule whether the absence is excused or unexcused. When calling the roll for the meeting, the Clerk will indicate whether a member's absence was ruled to be excused or unexcused, and the Clerk will make an appropriate notation in the minutes. If another council member questions the member's absence, the Presiding Office will inquire ifthere is a motion to excuse the member. This motion is non-debatable. Upon passage of such motion by a majority of members present, the absent member will be considered excused and the Clerk will make an appropriate notation in the minutes (SCC 9 2.10.050) RULE 11. No member of Council may direct, request or attempt to influence, either directly or indirectly, the appointment of any person to office or employment by the City Manager. No member of Council may interfere with the City Manager to prevent him them exercising his their own judgment in the appointment of officers and employees in the administrative service. The Council and its members may deal with the administrative services solely through the City Manager and no member of the Council may give orders to any ofthe subordinates of the City Manager either publicly or privately. (SCC 9 2.10.090) RULE 13. The City Manager, as the chief executive officer and head of the executive branch of the City government, or his their designee must attend all meetings ofthe Council unless excused by the Presiding Officer or Council. The City Manager may take part in the Council's discussion on all matters on the agenda and otherwise concerning the welfare of the City. In the event that CITY OF SEWARD, ALASKA RESOLUTION 2003-116 the City Manager is unable to attend a council meeting, he they will appoint another qualified staff member to attend the meeting on behalf of the City Management. All employees of the City, with the exception of the Attorney and the Clerk and their respective staffs, are appointed by and are responsible to the City Manager. RULE 15. The City Attorney advises the City eouncil, the City Manager and the City Clerk on all matters of law. -He The Attorney drafts and assists in drafting ordinances, resolutions, contracts and agreements to be made or entered into by the City and approves the form of all such instruments. He They prElseeates prosecute violators ofthe City Code and rcpreseHts represent the City in all actions oflaw. Any Council member seeking advice from the attorney which will require the expenditure of city funds must first complete a Request for Legal Services Form which must be approved by the City Council and filed in the office of the City Clerk. [A copy of this form is attached hereto as Appendix A-I.] RULE 23. Council members who retire from service on the Council after one term or who are not re-elected following their first term of office will receive a plaque in recognition of their service to the City. Council members who retire or fail to be re-elected after two or more terms on the City Council will receive an engraved gold pan in recognition of their service. A Mayor who retires or fails to be re-elected will receive a plaque bearing a gavel in recognition ofhis~ their service to the City. Rule 24. Rules of order not specified by statute, ordinance, or resolution shall be governed by Robert's Rules of Order Newlv Revised. The City Clerk or his designee shall serve as parliamentarian and shall advise the Presiding Officer as to correct rules of procedure or questions of specific rule application. (SCC S 2.10.065 A.) [See Appendix A-6 for a list of motions, their attributes, order of precedence and special purposes.] RULE 27. (b) Public Hearings The procedures for a public hearing are as follows: (1) A sign -in sheet shall be provided for those wishing to address the Council under "Public Hearings". Prior to the start of the public hearing, the Presiding Officer will first recognize those whose names appear on the sign-in sheet. Any person who fails to sign in shall not be permitted to speak until all those who signed in have done so. At any public hearing all persons who have signed in and wish to be heard shall be heard. Those testifying under public hearings must limit their comments to 5 minutes. No person who has previously spoken during the public hearing on a particular item may speak again unless all other persons desiring to give testimony at the public hearing have spoken. A person speaking for a second time shall limit his their testimony to not more than one minute. RULE 27. (2) (a) All comments by proponents, opponents, or the public shall be made from the speaker's podium and any individual making comments shall first give hi&their name, tl:fIEl-residence, aa6ress and shall limit hi&their remarks to 5 minutes. This is required because an official record of the public hearing is being made. No comments shall be made from any other location except the I I I CITY OF SEWARD, ALASKA RESOLUTION 2003-116 podium, and anyone making "out of order" comments may be subject to removal from the meeting. RULE 27. (2) (c) These rules are intended to promote an orderly system of holding a public hearing, to give every person an opportunity to be heard, and to ensure that no individual is embarrassed by exercising his their right of free speech. RULE 27. (11) (d) Spokesman Spokesperson for a I!t'GUTKi eroup of19Cf'sens people. When any group of persens people wishes to address the Council on the same subject matter, it shall be proper for the presiding officer to request that a sflokesman spokesperson be chosen by the group to address the Council, and in that case, if additional members of he same group are to be presented at that time, to limit the number of persons people so addressing the Council so as to avoid repetition before the Council. RULE 28. (d) Every member who is in the Council Chambers when the question is put to vote, shall give his their vote unless the Council member is excused in accordance with Rule 20. RULE 32. (a) With the exception of emergency ordinances as provided below, no ordinance may be put to vote on the same day that it is introduced. An ordinance may be sponsored by the City Manager, City Clerk, City Attorney, one ofthe boards or commissions, the Mayor or any member of Council. However, no ordinance may be prepared bv staff for presentation to the Council unless ordered by a majority vote ofthe Councilor requested by the City Manager or prepared by the City Attorney or City Clerk on his their own initiative. Ordinances are generally introduced on the Consent Agenda and are then carried forward to the next regular meeting for public hearing and a vote on enactment. The notice of public hearing must be advertised in a newspaper of local circulation at least 5 days before the hearing. Prior to opening the hearing, the title of the ordinance must be read in full. Printed copies ofthe ordinance shall be made available at the Council meeting and in the office of the City Clerk prior to the meeting. Following public hearing, the Council may discuss and consider a vote on enactment of the ordinance. Ordinances take effect not less than 10 days following enactment. (SCC 9 2.15.015 and S 2.15.035 A.) RULE 34. (a) A motion to reconsider may be applied to any ordinance, resolution or action ofthe Council and has precedence over all motions except the motion to adjourn. A Council member may make a motion to reconsider only if his they voted on the prevailing side on the question to be reconsidered and ifhe-they makes make the motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken or if the Council member files a written notice of intent to reconsider no later than 5 :00 p.m. on the first business day following the day on which the vote was taken. The Council member may file by telephone provided that the notice of intent to reconsider is signed before the motion is reconsidered. A motion for reconsideration requires a 2/3 vote to carry. If a motion to reconsider a particular ordinance, resolution or other action fails, a second motion to reconsider the same action shall not be in order. (SCC 9 2.10.065 E.) CITY OF SEWARD, ALASKA RESOLUTION 2003-116 RULE 36. (b) If administrative and regarding administrative staff performance, administrative execution or interpretation of legislative or administrative policy within the authority of the City Manager, the Presiding Officer should then refer the complaint directly to the City Manager for his reVIew. RULE 38. The City Clerk shall advertise vacancies on the Council's various boards and commissions no later than 30 days prior to the appointment date and shall forward a copy of this notice, along with the appropriate application form, to each board or commission member whose term is about to expire. The Clerk shall include a copy of each completed application and conflict of interest statement (if applicable) in the Council packet. Each applicant for a position on a Council appointed board or commission shall make a brief presentation to the City Council regarding lHs-ef hef their qualifications and reasons for wishing to serve. The Clerk shall provide ballots containing the names of all applicants to the Council. Each Council member shall vote a ballot, marking a number of names totaling the number of vacant seats to be appointed, and shall sign the ballot in the space provided and shall forward all ballots to the Clerk for counting and tabulation. The Clerk shall read the votes aloud and announce to the Council the number of votes cast for each applicant. The Council shall declare the vacancies filled by those applicants receiving the highest number of votes. In the event the number of applicants equals the number of vacant seats, the Council may move to appoint each of the applicants to a seat on the board or commission rather than proceeding with the ballot process. RULE 39. The Council may appropriate funds for Council travel in the Mayor/Council department of the annual City budget. Any Council member who desires to expend council travel funds shall complete the regular City Travel Authorization Form available in the Clerk's Office [Appendix A-2]. Upon his their return, the Council member must file all receipts for travel with the City Clerk and must sign a completed TraveVExpense Report Form [Appendix A-3]. The receipts and reimbursement form will then be forwarded to the Finance Department for processing, and payment will be made to the requesting party. Prior notice of all elected and appointed official travel must be given to the City Council. A written oral report must be given to the Council following any such City-funded travel. [Resolution No. 96-088]. RULE 40. When necessary to further the City's lobbying efforts in Juneau or elsewhere, the Mayor shall represent the Council unless, in the opinion of the Council, another member ofthe elected body or one of its appointed boards or commissions would better represent the position of the City with respects to a particular issue. In any case, anyone representing the City in its lobbying efforts shall present a full report OHHS their trip to the Council at its next regular meeting. In addition, he they shall comply with the provisions of Rule 39. Rule 42. The City Council is designated to be the Board of Adjustment for the City, and the Mayor is designated the Chairman Chairperson of the Board of Adjustments. An appeal hearing conducted by the Board of Adjustment is held on the basis ofthe record established before the commission or other body and the record on appeal. The Council may allow for oral presentations by the administration and the appellant; however, no new evidence shall be I I I CITY OF SEWARD, ALASKA RESOLUTION 2003-116 received or considered by the Board of Adjustment hearing the appeal. (SCC S 2.10.080 and S 15.10.415) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council amends Rule 7 of the City Council Rules of Procedures to appear as follows: RULE 7. In the event that any member ofthe City Council departs from the city with the intent of remaining absent for more than 90 days, or fails to attend meetings of the Council for a period of90 consecutive days, or attends less than 5 of the meetings ofthe Council during any continuous period of 5 months, the Council may declare the office of such member vacant. Members of the Council may be excused from attending a meeting of the Council by complying with this section. The member must contact the City Clerk prior to the meeting and state the reason for their inability to attend the meeting. The City Clerk will inform the Presiding Officer ofthe request for excused absence prior to the meeting, and the Presiding Officer will rule whether the absence is excused or unexcused. When calling the roll for the meeting, the Clerk will indicate whether a member's absence was ruled to be excused or unexcused, and the Clerk will make an appropriate notation in the minutes. If another council member questions the member's absence, the Presiding Office will inquire if there is a motion to excuse the member. This motion is non-debatable. Upon passage of such motion by a majority of members present, the absent member will be considered excused and the Clerk will make an appropriate notation in the minutes (SCC S 2.10.050) Section 2. Seward City Council amends Rule 11 to appear as follows: RULE 11. No member of Council may direct, request or attempt to influence, either directly or indirectly, the appointment of any person to office or employment by the City Manager. No member of Council may interfere with the City Manager to prevent them from exercising their own judgment in the appointment of officers and employees in the administrative service. The Council and its members may deal with the administrative services solely through the City Manager and no member of the Council may give orders to any of the subordinates of the City Manager either publicly or privately. (SCC ~ 2.10.090) Section 3. The Seward City Council amends Rule 13 of the City Council Rules of Procedures to appear as follows: RULE 13. The City Manager, as the chief executive officer and head ofthe executive branch of the City government, or their designee must attend all meetings ofthe Council unless excused by the Presiding Officer or Council. The City Manager may take part in the Council's discussion on all matters on the agenda and otherwise concerning the welfare of the City. In the event that the City CITY OF SEWARD, ALASKA RESOLUTION 2003-116 Manager is unable to attend a council meeting, they will appoint another qualified staff member to attend the meeting on behalf of the City Management. All employees ofthe City, with the exception of the Attorney and the Clerk and their respective staffs, are appointed by and are responsible to the City Manager. Section 4. The Seward City Council amends Rule 15 of the City Council Rules of Procedures to appear as follows: RULE 15. The City Attorney advises the City Council, the City Manager and the City Clerk on all matters oflaw. The Attorney drafts and assists in drafting ordinances, resolutions, contracts and agreements to be made or entered into by the City and approves the form of all such instruments. They prosecute violators of the City Code and represent the City in all actions oflaw. Any Council member seeking advice from the attorney which will require the expenditure of city funds must first complete a Request for Legal Services Form which must be approved by the City Council and filed in the office of the City Clerk. [A copy of this form is attached hereto as Appendix A-I.] Section 5. The Seward City Council amends Rule 23 of the City Council Rules of Procedures to appear as follows: Rule 23. Council members who retire from service on the Council after one term or who are not re- elected following their first term of office will receive a plaque in recognition oftheir service to the City. Council members who retire or fail to be re-elected after two or more terms on the City Council will receive an engraved gold pan in recognition oftheir service. A Mayor who retires or fails to be re-elected will receive a plaque bearing a gavel in recognition of their service to the City. Section 6. The Seward City Council amends Rule 24 of the City Council Rules of Procedures to appear as follows: Rule 24. Rules of order not specified by statute, ordinance, or resolution shall be governed by Robert's Rules of Order Newlv Revised. The City Clerk or designee shall serve as parliamentarian and shall advise the Presiding Officer as to correct rules of procedure or questions of specific rule application. (SCC S 2.10.065 A.) [See Appendix A-6 for a list of motions, their attributes, order of precedence and special purposes.] Section 7. The Seward City Council amends Rule 27 (b) (1) of the City Council Rules of Procedures to appear as follows: RULE 27. (b) Public Hearings The procedures for a public hearing are as follows: (1) A sign -in sheet shall be provided for those wishing to address the Council under "Public Hearings". Prior to the start of the public hearing, the Presiding Officer will first recognize those whose names appear on the sign-in sheet. Any person who fails to sign in shall not be permitted to I I I CITY OF SEWARD, ALASKA RESOLUTION 2003-116 speak until all those who signed in have done so. At any public hearing all persons who have signed in and wish to be heard shall be heard. Those testifying under public hearings must limit their comments to 5 minutes. No person who has previously spoken during the public hearing on a particular item may speak again unless all other persons desiring to give testimony at the public hearing have spoken. A person speaking for a second time shall limit their testimony to not more than one minute. Section 8. The Seward City Council amends Rule 27 (2) (a) of the City Council Rules of Procedures to appear as follows: RULE 27. (2) (a) All comments by proponents, opponents, or the public shall be made from the speaker's podium and any individual making comments shall first give their name, residence, and shall limit their remarks to 5 minutes. This is required because an official record of the public hearing is being made. No comments shall be made from any other location except the podium, and anyone making "out of order" comments may be subject to removal from the meeting. Section 9. The Seward City Council amends Rule 27 (2) (c) of the City Council Rules of Procedures to appear as follows: RULE 27. (2) ( c) These rules are intended to promote an orderly system of holding a public hearing, to give every person an opportunity to be heard, and to ensure that no individual is embarrassed by exercising their right of free speech. Section 10. The Seward City Council amends Rule 27 (II ) (d) ofthe City Council Rules of Procedures to appear as follows: RULE 27. (11 ) (d) Spokesperson for a group of people. When any group of people wishes to address the Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesperson be chosen by the group to address the Council, and in that case, if additional members of the same group are to be presented at that time, to limit the number of people so addressing the Council so as to avoid repetition before the Council. Section 11. The Seward City Council amends Rule 28 (d) of the City Council Rules of Procedures to appear as follows: RULE 28. (d) Every member who is in the Council Chambers when the question is put to vote shall give their vote unless the Council member is excused in accordance with Rule 20. Section 12. The Seward City Council amends Rule 32 (a) of the City Council Rules of Procedures to appear as follows: I I I CITY OF SEWARD, ALASKA RESOLUTION 2003-116 RULE 38. The City Clerk shall advertise vacancies on the Council's various boards and commissions no later than 30 days prior to the appointment date and shall forward a copy of this notice, along with the appropriate application form, to each board or commission member whose term is about to expire. The Clerk shall include a copy of each completed application and conflict of interest statement (if applicable) in the Council packet. Each applicant for a position on a Council appointed board or commission shall make a brief presentation to the City Council regarding their qualifications and reasons for wishing to serve. The Clerk shall provide ballots containing the names of all applicants to the Council. Each Council member shall vote a ballot, marking a number of names totaling the number of vacant seats to be appointed, and shall sign the ballot in the space provided and shall forward all ballots to the Clerk for counting and tabulation. The Clerk shall read the votes aloud and announce to the Council the number of votes cast for each applicant. The Council shall declare the vacancies filled by those applicants receiving the highest number of votes. In the event the number of applicants equals the number of vacant seats, the Council may move to appoint each of the applicants to a seat on the board or commission rather than proceeding with the ballot process. Section 16. The Seward City Council amends Rule 39 of the City Council Rules of Procedures to appear as follows: RULE 39. The Council may appropriate funds for Council travel in the Mayor/Council department of the annual City budget. Any Council member who desires to expend council travel funds shall complete the regular City Travel Authorization Form available in the Clerk's Office [Appendix A-2]. Upon their return, the Council member must file all receipts for travel with the City Clerk and must sign a completed TraveVExpense Report Form [Appendix A-3]. The receipts and reimbursement form will then be forwarded to the Finance Department for processing, and payment will be made to the requesting party. Prior notice of all elected and appointed official travel must be given to the City Council. A written oral report must be given to the Council following any such City-funded travel. [Resolution No. 96-088]. Section 17. The Seward City Council amends Rule 40 of the City Council Rules of Procedures to appear as follows: RULE 40. When necessary to further the City's lobbying efforts in Juneau or elsewhere, the Mayor shall represent the Council unless, in the opinion of the Council, another member of the elected body or one of its appointed boards or commissions would better represent the position of the City with respects to a particular issue. In any case, anyone representing the City in its lobbying efforts shall present a full report of their trip to the Council at its next regular meeting. In addition, they shall comply with the provisions of Rule 39. CITY OF SEWARD, ALASKA RESOLUTION 2003-116 RULE 32. (a) With the exception of emergency ordinances as provided below, no ordinance may be put to vote on the same day that it is introduced. An ordinance may be sponsored by the City Manager, City Clerk, and City Attorney, one of the boards or commissions, the Mayor or any member of Council. However, no ordinance may be prepared bv staff for presentation to the Council unless ordered by a majority vote ofthe Council orrequested by the City Manager or prepared by the City Attorney or City Clerk on their own initiative. Ordinances are generally introduced on the Consent Agenda and are then carried forward to the next regular meeting for public hearing and a vote on enactment. The notice of public hearing must be advertised in a newspaper of local circulation at least 5 days before the hearing. Prior to opening the hearing, the title ofthe ordinance must be read in full. Printed copies ofthe ordinance shall be made available at the Council meeting and in the office of the City Clerk prior to the meeting. Following public hearing, the Council may discuss and consider a vote on enactment of the ordinance. Ordinances take effect not less than 10 days following enactment. (SCC S 2.15.015 and S 2.15.035 A.) Section 13. The Seward City Council amends Rule 34 (a) of the City Council Rules of Procedures to appear as follows: RULE 34. (a) A motion to reconsider may be applied to any ordinance, resolution or action ofthe Council and has precedence over all motions except the motion to adjourn. A Council member may make a motion to reconsider only if they voted on the prevailing side on the question to be reconsidered and if they make the motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken or ifthe Council member files a written notice of intent to reconsider no later than 5:00 p.m. on the first business day following the day on which the vote was taken. The Council member may file by telephone provided that the notice of intent to reconsider is signed before the motion is reconsidered. A motion for reconsideration requires a 2/3 vote to carry. If a motion to reconsider a particular ordinance, resolution or other action fails, a second motion to reconsider the same action shall not be in order. (SCC S 2.10.065 E.) Section 14. The Seward City Council amends Rule 36 (b) of the City Council Rules of Procedures to appear as follows: RULE 36. (b) If administrative and regarding administrative staff performance, administrative execution or interpretation of legislative or administrative policy within the authority of the City Manager, the Presiding Officer should then refer the complaint directly to the City Manager for reVIew. Section 15. The Seward City Council amends Rule 38 of the City Council Rules of Procedures to appear as follows: CITY OF SEWARD, ALASKA RESOLUTION 2003-116 Section 18. The Seward City Council amends Rule 42 of the City Council Rules of Procedures to appear as follows: Rule 42. The City Council is designated to be the Board of Adjustment for the City, and the Mayor is designated the Chairperson of the Board of Adjustments. An appeal hearing conducted by the Board of Adjustment is held on the basis of the record established before the commission or other body and the record on appeal. The Council may allow for oral presentations by the administration and the appellant; however, no new evidence shall be received or considered by the Board of Adjustment hearing the appeal. (SCC S 2.10.080 and S 15.10.415) Section 19. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24th day of November 2003. THE CITY OF SEWARD, ALASKA I7w;~ ~ David Brossow, Mayor AYES: NOES: ABSENT: ABSTAIN: Shafer, Branson, Dunham, Clark, Valdatta, Amberg, Brossow None None None ",~\"I~!S":I(II .,..".. -{ Or E:111' I", ~ ~~ ......... .~~-$J". it::~ (.':";:.O~PO~h":>\) ~:. ~:~ ~~. ~ {'~ i...... -0- c\ ~~ . S- l\ . ~IIII . i-:r/.\ T . o. : _.--. A...LI : 0 ;:; . . '" ..~ . _.-,.. . l;.., .,;\ '." ,: :: l~. .~\ ~~&A' "CV.- f~ .,.. r', ,:-,'1:: 1 ,\<J ..' .l~ ..;- '\".. .,'}...f"'to...:...l.... r:,'~ +:t"" ".' . . - \..""" '." 'T':i(;~'''' tJr-:- A r,~..,,'t.~ oMil.-r'ii: ~ I t 't.' ,\:.. ATTEST: Agenda Statement Meeting Date: 11-24-2003 From: Erin Leaders, Assistant City Clerk Agenda Item: Resolutions 2003-116 through 2003-127 Amending City Council Rules of Procedures deleting gender specific wording and updating a variety of other housecleaning changes. “” BACKGROUND & JUSTIFICATION: The City Clerks office has reviewed the City Council Rules of Procedures and found a ’ number of housecleaning changes that need to be made in order to update and keep “” consistent language between the Council Rules of Procedures and the Seward City Code. Resolutions 2003-116 through 2003-127 reflect these changes. CONSISTENCY CHECKLIST: Yes No 1. Comprehensive Plan _____ _____ 2. Strategic Plan _____ _____ X 3. Other SCC & CCRP ____ _____ – 4. Not applicable _____ _____ FISCAL NOTE: None ________________________________________________________________________ RECOMMENDATION: Council approve Resolutions 2003-116 through 2003-127, amending City Council Rules of Procedures deleting gender specific wording and updating a variety of housecleaning “” changes.