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(A) Requirement. The concurrence of a majority of all the Council members present is required to determine any matter before the Council. Each Councilor must vote on all questions before the Council. Each Councilor must vote on all questions before the Council unless the member has a conflict of interest which would disqualify the member from voting. If a member abstains, the reasons for the abstention shall be entered in the record. Unless a Councilor abstains, the member’s silence when the vote is taken shall be considered an affirmative vote.
(B) Statement of the question. Immediately prior to the vote, the presiding officer shall restate the question. Following the vote, the presiding officer shall announce whether the question carried or was defeated. The presiding officer may also publicly state the effect of a vote for the benefit of the audience.
(C) Roll call vote. At the request of any Councilor, any question shall be voted on by roll call.
(D) Tie vote. In the case of a tie vote on any proposal, the proposal shall be considered lost.
(E) Changing vote. A Councilor may change his or her vote only if the action is taken immediately following the last vote cast and prior to the time that the results of the vote is announced. A Councilor shall not be allowed to withdraw an abstention.
(F) Motion to reconsider. A motion to reconsider any action may be made only at the same meeting where the action was taken, by a Councilor on the prevailing side of the question. Any Councilor may make a motion on the same question at any subsequent meeting.
(G) Record of votes. Unless the vote is unanimous, the ayes and nays of each Councilor shall be entered in the minutes.
(Ord. 10-2000, passed 3-15-2000)
ORDINANCES AND RESOLUTIONS
(A) All ordinances and resolutions shall be prepared under the supervision of the City Attorney and shall be approved as to form by the City Attorney.
(B) (1) Ordinances and resolutions may be introduced by a member of the Council, the City Manager, the City Attorney, or any department head.
(2) Each proposed ordinance or resolution shall be accompanied by a written summary of the action proposed in a form approved by the City Attorney.
(Ord. 10-2000, passed 3-15-2000)
Whenever possible, copies of a proposed ordinance or resolution shall be made available for public inspection one week prior to the first meeting where they are to be considered. The City Clerk shall make sufficient copies for distribution with the agenda packets and for posting for public inspection at the time the ordinance or resolution is considered.
(Ord. 10-2000, passed 3-15-2000)
(A) Unless the motion for adoption provides otherwise, resolutions shall be adopted by reference to the title only.
(B) Before being considered for adoption, an ordinance shall be read in full at two separate Council meetings, except that an ordinance may be adopted at a single meeting by unanimous vote of all Council members present after being read once in full and once by title.
(C) Both of the readings may be by title only if no Councilor objects or if copies are provided each Councilor and three copies are available for public inspection one week before the first reading and notice is given as provided in Chapter VII of the City Charter.
(Ord. 10-2000, passed 3-15-2000)
(A) Ordinances shall be effective on the thirtieth day following the date of adoption, unless the ordinance provides that it will become effective at a later time.
(B) An emergency ordinance which includes a provision that the ordinance is necessary for the immediate preservation of the public peace, property, health, safety, or morals may provide that it will become effective upon adoption.
(C) Resolutions shall be effective upon adoption.
(Ord. 10-2000, passed 3-15-2000)
COMMUNICATION WITH COUNCIL
Comments from persons other than the Council, City Manager, or City Attorney will be entertained only during the part of the agenda where public comments are permitted or at the discretion of the presiding officer. The person addressing the Council shall first ask to be recognized and then give his or her name and address for the record. Persons addressing the Council shall also complete an information card for the record and return it to the City Recorder. All remarks shall be directed to the whole Council and the presiding officer may limit comments or refuse recognition if the remarks become irrelevant, repetitious, personal, impertinent, or slanderous. In the event a member of the audience refuses to abide by the presiding officer’s order, that person may be denied further opportunity to address the Council and may be removed upon order of the presiding officer. The order in which audience comments are received is left to the discretion of the presiding officer, subject to these rules. The presiding officer may request that a spokesperson be selected for a group of persons wishing to speak.
(Ord. 10-2000, passed 3-15-2000)
Written communications addressed to the Council shall be forwarded to the Council by submission to the City Manager prior to the meeting to be placed with the agenda materials or by submission to the presiding officer during the meeting. The presiding officer shall announce the submission of any written communication and reference shall be entered in the minutes.
(Ord. 10-2000, passed 3-15-2000)
(A) Public hearings include all items on the agenda on which the public has the right to be heard by law. The order of presentation of testimony at public hearings is as follows:
(1) Staff report;
(2) Correspondence;
(3) Applicant’s presentation;
(4) Other testimony in favor of the application;
(5) Opponent’s testimony;
(6) Neutral testimony;
(7) Additional staff comments;
(8) Questions and answers and general comments (at the discretion of the presiding officer); and
(9) Applicant’s final remarks.
(B) Following the presentation of testimony, the presiding officer shall close the hearing and ask for discussion among the Councilors. No further testimony or evidence will be accepted without approval of the presiding officer. All hearings shall be conducted in a fair and open manner. Councilors shall particularly observe the requirements of hearings on land use matters dealing with ex parte contacts.
(Ord. 10-2000, passed 3-15-2000)
Councilors shall respect the separation between policy-making and administration by:
(A) Not attempting to influence or coerce the City Manager concerning personnel or purchasing, as outlined in Section 24 (10) of the City Charter;
(B) Addressing all inquiries and requests for information from staff to the City Manager and allowing sufficient time for response. At the discretion of the Manager, inquiries may be forwarded to the full Council for consideration;
(C) Limiting individual contacts with city officers and employees so as not to influence staff decisions or recommendations, undermine the authority of supervisors, or prevent the full Council from having the benefit of any information received;
(D) Honoring the confidentiality of discussions with the City Attorney; and
(E) Attempting to work together with the staff as a team in a spirit of mutual confidence and support.
(Ord. 10-2000, passed 3-15-2000)
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