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92-7885R37 RESOLUTION NO. 7885 RESOLUTION ADOPTING RULES OF PROCEDURE AND DECORUM FOR CITY COUNCIL MEETINGS WHEREAS, it is appropriate for the City Council to establish rules of procedure and decorum for Council meetings and Board and Commission meetings; and WHEREAS, the Richfield City Code, section 205, currently provides for rules of Council procedure; and WHEREAS, Richfield City Code, section 205.13, subd. 2(c) provides that City Council may adopt such special rules by ordinance or resolution from time to time as necessary; and WHEREAS, the City Council has determined that it is appropriate to adopt these special rules of procedure and decorum on a trial basis of one year. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Richfield, as follows: Section 1: That the attached rules of procedure and decorum are hereby established. Section 2: That these rules are adopted by resolution for a period of one year. Section 3: In the cause of any inconsistencies between these rules and the rules in the City Code, the rules herein adopted shall prevail. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of June, 1992. Mar in J. ~i ch ayor ATTEST: Thomas P. Ferber City Clerk Resolution No. 7885 RULES OF PROCEDURE AND DECORUM CITY COUNCIL MEETINGS RICHFIELD, MINNESOTA SECTION 1. PURPOSE Subd. 1. General. It is the concept of it is essential formal rules of deliberative pr disturbed. SECTION 2. GENERAL recognized that in order to enhance effective and democratic government, that a legislative body establish procedure and decorum so that a true ocess will be observed and not Subd. 1. Law. The City Charter, Ordinances and State Statutes governing the City Council-shall be followed and supplemented by the Rules of Procedure and Decorum of the City Council. Subd. 2. General Rules. In all matters of parliamentary procedures, the Council shall be governed by the latest printed edition of the STURGIS STANDARD CODE OF PARLIAMENTARY PROCEDURE as published from time to time except as modified by these rules. SECTION 3. PRESIDING OFFICER Subd. 1. Who Presides. The Mayor shall preside at all meetings of the Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. .The presiding officer shall have the power to preserve strict order and decorum at meetings, enforce the rules of procedure, and determine without debate, subject to the final decision of the Council on appeal, all questions of procedure and order. Subd. 2. A~oeal of the Ruling of the Presiding Officer. Any member of the Council may appeal from a ruling of the presiding officer. If the appeal is seconded, the member may speak once solely on the question involved. and the presiding officer may explain the ruling, but no other Council MAmber shall participate in the discussion. The appeal shall be sustained if it is approved by a majority vote. Subd. 3. .Rights of the Presiding Officer. The presiding officer may speak on any question, and make motions and second motions. SECTION 4. AGENDA Subd. 1. action shall be and residents t ideration. Matters for Council submitted by members of the Council the City Manager. Subd. 2. Preparation. An agenda of business for each regular meeting shall be prepared in the Office of the City Manager and copies thereof delivered to each Council Member as far iri advance of the meeting as time for preparation will permit. Subd. 3. appointed for t Council, the me Mayor and in th Tem. If a quor then proceed wi manner: s at Regular Meetings. At the hour e regular meeting of the City ting shall be called to order by the ,Mayor's absence, by the Mayor Pro m is present, the City Council shall h its business in the following Subd. 4. (a) approval o (b) presentati (c) agenda app (d) consent ca (e) public hea (f) proposed o (g) resolution (h) administra (i) correspond (~) other busi be varied by Subd. 5. Consent Agenda. a meeting, the of business on Council wishing calendar may do calendar is rea Any item remove become one of t and shall be to All items not s may be passed b Matters propose agenda shall be of a routine, n minutes of previous meeting; .s; wal; enaar; ings, including ordinance hearings; dinances; ive reports; nce; and ess. Business. The order of business may presiding officer. In the preparation of the agenda for ity Manager may place certain items consent calendar. A member of the to remove any item from the consent so at the time that the consent hed on the general Council agenda. from the consent calendar shall e regular agenda items of the meeting en up'after the consent calendar. removed from the consent calendar a single, non-debatable motion. by the City Manager for the consent those which the Manager deems to be n-controversial nature. Subd. 6. Items Not on the Agenda: The Council may consider items not appearing on the agenda as normal business if an ob~ectioni,is not raised by a Council Member. If an•ob~ection'iis raised by a Council Member to considering an item not appearing on the agenda, a 2 vote of the majority of the Council Members present shall determine the .appropriateness of further consideration of the matter at that time. The Council may not take action on any item which requires public notice or hearing. , Subd.~7. Public Participation. Members of the public may address the City Council during: (a) Public hearings (b) "Opportunity for the Public to Address the City Council on Matters Not on the Agenda." This portion of the meeting shall be limited to thirty minutes and individuals shall be requested to limit their comments to four minutes or less. (c) Specific issues scheduled on the agenda but in accordance with Section 6, Subdivision 6, of these rules entitled, "Addressing the Council." SECTION 5. VOTING Subd. 1. Procedure. The votes of the members on any ordinance or resolution pending before the Council shall be by roll call vote. The votes of the members on any motion shall be by voice vote, unless the Mayor or any member of the Council requests that a roll call vote by taken. The Mayor shall call for a roll call vote whenever a voice vote of the Council is not clear as to the disposition of the action before the Council. Subd. 2. Abstention. If a Council Member does not vote, the abstention shall be recorded as "Abstain--name." Subd. 3. Voting Order for Roll Call. The Secretary to the Council shall call for the vote in consecutive order of wards with the ward voting first rotating one position at each regular meeting. The presiding officer shall always vote last. SECTION 6. RULES OF DECORUM Subd. 1. Council. While the Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refuse to. obey the orders of the presiding officer. 3 Subd. 2. Recognition. N shall address t the presiding o person or member of the Council Council without being recognized by icer. Subd. 3. Discussion. No member of the Council shall speak more than twice on any question, nor more than five minutes each time without consent of the Council. Subd. 4. Staff. Members~of the City staff shall observe the same rules of order and decorum as are applicable to the City Council. Subd. 5. Pertinent to Matter Under Debate. Members of the Council, staff and public shall confine remarks to the matter unde~ debate. Subd. 6. Addressing the Council. Each member of the. public addressing the Council shall step up to the microphone provided for the use of the public after being recognized by the presiding officer and give his/her name an~ address in an audible tone of voice for the records,' state the subject to be discussed, and state who the speaker is representing if representing an organization or other persons. Unless further time is granted by a majority vote of the Council, re~arks from the public shall be limited to four minutes., All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, without permission of the presiding officer. No question may be asked a Council Member or a member of the staff without the permission of t~e presiding officer. Subd. 7. Spokesman for Group of Persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons 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'~case additional matters are to be presented by any other member of said group, to limit the number of such persons .addressing the Council. Subd. 8. After Motion. After a motion has been made or a public hearing has been closed, no member of the public shall ad~ress the Council from the audience on the matter under consideration without first securing permission to do so by a majority vote of the City Council. 4 Subd. 9. Conduct. Any member of the Council, staff or person indulging in personalities or making impertinent, slanderous, or profane remarks or who willfully utters loud, threatening or abusive language, or engages in any disorderly conduct which would impede, disrupt, or disturb the orderly conduct of any meeting, hearing or other proceeding, shall be called to order by the presiding officer and, if such conduct continues, may at the discretion of the presiding officer, be ordered barred from further audience before the Council during that meeting. Subd. 10. Members of the Audience. No person in the audience shall engage in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting. SECTION 7. ENFORCEMENTS OF DECORUM Subd. 1. Warning. All persons shall, at the request of the presiding officer, be silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, said officer may order the person removed from the meeting. If the person does not remove himself/herself, the presiding officer may order that the person be removed by the Sergeant-at- Arms. Subd. 2. Sergeant-at-Arms. The Public Safety Director, or such member or members of the police department, shall be Sergeant-at-Arms of the Council meetings. The Public Safety Director or such member or members of the police department shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the presiding officer it shall be the duty of the Sergeant-at-Arms to remove from the meeting any person who intentionally disturbs the proceedings of the Council. Subd. 3. Resisting Removal. Any person who resists removal by the Sergeant-at-Arms may be charged with violating City Ordinance. Subd. 4. Motions to Enforce. Any Council Member may move to require the presiding officer to enforce these rules and the affirmative vote of a majority of the Council shall require him to do so. Subd. 5. Adjournment. I willfully distu as to render th not feasible an removal of indi disturbance, th remaining busin meeting. Subd. 6. prior to adjourr. immediate attent special meeting. SECTION 8. WORKSHOP MEET the event that any meeting is bed by a group or group of persons so orderly conduct of such meeting is when order cannot be restored by the iduals who are creating the meeting may be adjourned with the ss considered at the next regular If the matter being addressed ment is of such a nature as to demand ion, the presiding officer may call a Subd. 1. General. Workshop meetings of the City Council may be held at ,the call of the Mayor, who shall serve as the presiding officer at workshop meetings. No official Council action will be taken at workshop meetings.- ,. Subd. 2. Rules of Procedure and Decorum. The Rules of Procedures and Decorum of the City Council shall be observed in wor}~shops so far as they are applicable. SECTION 9. CAMERA AND Subd. 1. Cameras, includ cameras, electr other mechanica devices may be in such a manne interference wi the Council. SECTION 10. SEPARABILITY ING DEVICES llt,/ 1\GVVl\A illy LGYIVG~ L11~ai ~.G\-• ng television and motion picture nic sound recording devices and any electrical or electronic recording sed in the Council Chamber, but only as will cause a minimum of h or disturbance of the proceeding of Subd. 1. General. If any section, subsection, sentence, clause, phrase Qr portion of these Rules of Procedure and Decorum is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the - - remaining portions thereof. I 6