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HomeMy WebLinkAboutPR 18605: COMPLIANCE WITH ROBERT'S RULES OF ORDER (REQUESTED BY CM SCOTT) P. R. NO. 18605 10/9/14 gt RESOLUTION NO. A RESOLUTION IN SUPPORT OF COMPLIANCE WITH ROBERT' S RULES OF ORDER (REQUESTED BY COUNCILM•MBER SCOTT) WHEREAS, pursuant to Section 2-75 of the Code of Ordinances, the City is required to follow Robert' s Rules of Order, except where otherwise provided in the Code of Ordinances; and WHEREAS, it is in the best interest of the City Council to insure that council meetings run smooth and effectively and in full compliance with Robert' s Rules of Order. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct . Section 2 . That the City Council deems it in the best interest of the City of Port Arthur to strictly adhere to Robert' s Rules of Order and will commit to following these requirements at each Council Meeting. Section 3 . That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council . READ, ADOPTED, AND APPROVED, this day of 2014 AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES : s.pr18605 Mayor: Councilmembers: NOES: Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorn: APPROVED FOR ADMINISTRATION: John A. Comeaux, P. E. , Interim City Manager s.pr18605 ADMINISTRATION §2-75 (2) A request to table an agenda item, as Sec. 2-75. Rules of decorum. stated in subsection (c)(1) of this section, shall be subject to approval by a simple (a) Persons addressing council. majority of the council as a whole, if: (1) Recognition by presiding officer. No per- a. The mayor, any councilmember, the son shall address the council without first city manager, city secretary, or the being recognized by the presiding officer. city attorney provides the chair a (2) Spokesman for group of persons. In order reason for not holding that agenda to expedite matters and to avoid repeti- item; or tious presentations, whenever any group b. Time constraints dictate action dur of persons wishes to address the council ing the period during which it is on the same subject matter, it shall be requested that agenda items will be proper for the presiding officer to request tabled. that a spokesman be chosen by the group to address the council and, in case addi- (3) Decisions upon items which are the sub- tional matters are to be presented by any ject of public hearing shall be held for one other member of such group, to limit the week(or until the next meeting)for delib- number of such persons addressing the eration, absent an emergency or other council. reason compelling immediate decision. (3) Speaking procedure;limitation on discus- (4) The determination and finding by the city sion and questioning.Each person address- council of emergency compelling immedi ing the council shall step up to the micro ate decision or time constraints dictating phone provided for the use of the public action shall be conclusive. and give his name and address in an audible tone of voice for the records,state (d) Limiting the number of speakers. For eve- the subject he wishes to discuss, state ping meetings, the city secretary shall limit the whom he is representing if he represents number of speakers to five as it pertains to items an organization or other persons, and, that are not listed on the council agenda for unless further time is granted by majority action. Additional speakers can be added to the vote of the council,shall limit his remarks next agenda. If a public hearing is called, there to five minutes. All remarks shall be ad- shall not be a limit as to the number of speakers dressed to the council as a whole and not who can address the city council. to any member of the council. No person (Code 1961,§2-23;Ord.No.04-29,§2,5-25-2004) other than members of the council and the State law reference—Open Meetings Act,V.T.C.A.,Gov- person having the floor shall be permitted ernment Code§551.001 et seq. to enter into any discussion, whether di- rectly or through a member of the council, Sec. 2-74. Methods of addressing council. without the permission of the presiding officer. (a) Written communications.All interested par- ties or their authorized representatives may ad- (4) Improper references, disorderly conduct dress the council by written communication re- by persons addressing council.Any person garding matters under the council's consideration. making, expressly or impliedly, personal, impertinent, slanderous, derogatory, dis- (b) Reading of protests, petitions or communi- courteous, snide or profane remarks, or cations. Upon complying with the provisions of who willfully utters loud, threatening or subsection 2-73(b), interested persons may, at abusive language, or engages in any dis- their discretion, address the council by reading orderly conduct which would impede, dis- protests,petitions or communications in regard to rupt or disturb the orderly conduct of any matters on the council agenda. meeting, hearing or other proceedings, (Code 1961, § 2-24) shall be called to order by the presiding Supp.No.28 CD2:9 §2-75 PORT ARTHUR CODE officer. If such conduct continues, such the personnel of his administration and to person may, at the discretion of the pre- administer the affairs of the city free from siding officer,be ordered barred from fur- interference of the council". ther audience before the council during that meeting. (b) Councilmembers. While the council is in session, the members must preserve order and (5) Addresses after motion made or public decorum, and a member shall neither,by conver- hearing closed. After a motion has been sation or otherwise, delay or interrupt the pro- made or a public hearing has been closed, ceedings or the peace of the council, nor disturb no member of the public shall address the any member while speaking or refuse to obey the council from the audience on the matter orders of the presiding officer. Members of the under consideration without first secur- council shall not leave their seats during a meet- ing permission to do so by majority vote of ing without first obtaining the permission of the the city council. presiding officer. (6) Campaign speeches. No person will be (1) Presiding officer may debate and vote.The allowed to address the city council by mayor or the mayor pro tem,or such other making campaign speeches for or against member of the council who is serving as any candidate who has announced or does presiding officer may move, second and debate from the chair,subject only to such announce his intention to run or issue limitations of debate as are imposed on all already ordered on a ballot for election. members by this division,and shall not be (7) Persons having complaints, allegations, deprived of any of the rights and privi or charges against individual city employ- leges of a councilmember by reason of his ees. No person shall make any complaint, acting as the presiding officer. If the pre- specific allegation or charge against an siding officer is engaged in debate, at the individual city employee by name in a instance of any three members he must public meeting unless he first shows that relinquish the chair in accordance with provisions of Robert's Rules of Order,newly he has pursued appropriate administra- tive channels. The foregoing is based on revised. section 8 of article II of the City Charter (2) Getting the floor;improper references to be which provides as follows: avoided. Every member desiring to speak "Section 8.Interference in Personnel Mat- shall address the chair and, upon recog- ters. Neither the council, nor any of its nition by the presiding officer, shall con- members shall instruct or request the city fine himself to the question under debate, manager or any of his subordinates to avoiding all personalities and indecorous appoint or to remove from office or em- language. ployment of any person except with re- (3) Interruptions.A member,once recognized, spect to those offices which are to be filled shall not be interrupted when speaking by appointment by the council under the unless it be to call him to order, or as provisions of this Charter. Except for the otherwise provided in this section. If a purpose of inquiry and investigation, the member, while speaking, is called to or- council,either individually or collectively, der, he shall cease speaking until the shall deal with the administrative service question of order is determined. If in of the city solely through the city manager order, he shall be permitted to proceed. and shall not give orders to any of the manager's subordinates either publicly or (4) Privilege of closing debate. The privately.The intent of this provision is to councilmember moving the adoption of an allow the city manager to express his own ordinance or resolution shall have the independent judgment in the selection of privilege of closing the debate. Supp.No. 28 CD2:10 ADMINISTRATION §2-77 (6) Remarks of councilmember, when entered the city staff shall be permitted within the in minutes.A councilmember has the priv- rail without the consent of the presiding ilege of having an abstract of his state- officer. ment on any subject pertaining to city (2) Disorderly conduct. No person in the au- business and affairs entered in the min- dience shall engage in disorderly conduct utes. such as handclapping, stamping of feet, whistling,using profane language,yelling (7) Synopsis of debate, when entered in min- and similar demonstrations, which con- utes. The city secretary may be directed duct disturbs the peace and good order of by the presiding officer, with consent of the meeting. the council, to enter in the minutes a (Code 1961, §§ 2-25-2-28; Ord. No. 00-60, § 2, synopsis of the discussion on any question 10-3-2000; Ord. No. 08-15, § 2, 1-29-2008; 08-43, coming regularly before the council. §2,4-8-2008;08-56,§2,6-3-2008;Ord.No.09-40, (8) Robert's Rules of Order, newly revised. § 2, 5-19-2009) Robert's Rules of Order, newly revised, Sec. 2-76. Enforcement of decorum. shall prevail except where otherwise pro- vided. (a) Warning. All persons shall, at the request of the presiding officer, be silent. (9) Opportunity to speak. No vote shall be (b) Removal. If,after receiving a warning from taken on a motion and second calling for the presiding officer, a person persists in disturb- the previous question until each ing the meeting, such officer may order him to councilmember wishing to speak on the remove himself from the meeting. If he does not question under debate has been granted remove himself, the presiding officer may order at least one opportunity to speak on the the sergeant-at-arms to remove him. The chief of question. Each councilmember is to have police,or such members of the police department up to two minutes to express a pro or con as the presiding officer may designate, shall be opinion or question the initiator of any sergeant-at-arms of the council meetings. He, or nonconsent resolution or ordinance that they, shall carry out all orders and instructions comes before the council for debate. Time given by the presiding officer for the purpose of will be kept by the presiding officer,by an maintaining order and decorum at the council approved device. The resolution or ordi- meeting.Upon instruction of the presiding officer, nance shall be voted up or down, without it shall be the duty of the sergeant-at-arms to further discussion. This subsection shall remove from the meeting any person who inten- not interfere with the council's right to tionally disturbs the proceedings of the council. consider and vote on a motion and second to further limit or extend the length of (c) Resisting removal. Any person who resists debate by each councilmember. removal by the sergeant-at-arms shall be charged with violating V.T.C.A., Penal Code.§ 42.05. (c) City staff and employees. Members of the (d) Motion to enforce.Any councilmember may city staff and employees shall observe the same move to require the presiding officer to enforce rules of order and decorum as are applicable to this division, and the affirmative vote of a major- the city council,with the exception that members ity of the council shall require him to do so. of the city staff may leave their seats during a (Code 1961,§2-29;Ord.No.08-08,§2, 1-16-2008; meeting without first obtaining the permission of Ord. No. 08-57, § 2, 6-3-2008) the presiding officer. Sec. 2-77. Disruptions rendering meeting un- (d) Audience members. feasible. (a) Adjournment until next regular meeting. If (1) Persons authorized to be within rail. No any meeting is willfully disturbed by a group of person except members of the council and persons so as to render the orderly conduct of Supp.No.25 CD2:10.1 §2-77 PORT ARTHUR CODE such meeting unfeasible and when order cannot ARTICLE III. OFFICERS AND be restored by the removal of individuals who are EMPLOYEES* creating the disturbance, the meeting may be adjourned and the remaining business considered DIVISION 1. GENERALLY at the next regular meeting. Sec. 2-111. City vehicles; allowance, policy (b) Calling special meeting; assessing costs to and procedures. disrupting parties. If the matter being addressed prior to adjournment is of such a nature as to (a) A car allowance and vehicle policy for city demand immediate attention, the presiding of- employees is adopted as specified in Exhibit A and ficer (or other authorized person) may call a made a part of this section. Exhibit A is on file in special meeting and assess the cost of that meet- the office of the city secretary ing to the disrupting parties if those parties are (b) The city manager is authorized to imple- identifiable. ment the car allowance and vehicle policy through (Code 1961, § 2-30) the establishment of procedures, guidelines, re- port forms, payment and/or regulations; and, is Sec. 2-78. Cameras and recording devices. responsible for the implementation of the same and for the annual review of such allocations and assignments. (a) Limitations on use of supplemental light- (Code 1961, § 2-15.1) ing. Supplemental lighting for television and mo- tion-picture cameras shall be used only with the Secs. 2-112-2-130. Reserved. exercise of extreme discretion with regard to the intensity and duration of such lighting and with a DIVISION 2. INDEMNIFICATION view to creating the least amount of interference with or disturbance of the proceedings of the council and the least amount of discomfort to Sec. 2-131. Legal defense of officials and em- members of the public in attendance. ployees. It is declared to be in the public interest to (b) Authority to discontinue disruptive light- provide and the city shall hereafter provide for ing. The presiding officer shall have the authority the legal defense of any elected or appointed to determine whether the intensity and/or dura- public official and any employee of this city who tion of supplemental lighting is such that it dis- may be sued individually for any act or omission turbs the proceedings of the council and, upon arising out of or connected with the good faith making such a determination, require that the *Cross references—Any ordinance establishing posi- use of such lighting be discontinued. tions, classifying positions,establishing pension or employee (Code 1961, § 2-31) benefits,setting salaries of city officers and employees or any personnel regulations saved from repeal,§ 1-7(a)(14);animal control officer's duties,§10-44;administrator of beautification commission,§ 14-34;administrator of citizen's pipeline advi- sory committee, § 14-74; officers of civic and activity center Secs. 2-79-2410. Reserved. commission, § 14-114; officers of community revolving loan fund committee,§14-184;administrator of construction board of adjustments and appeals, § 14-215; administrator or his- toric preservation officer,§ 14-354; administrator of housing finance corporation board of directors,§14-423;electrical code inspectors,§18-101 et seq.;emergency management director, § 26-32; superintendent of inspectors for noise control, § 34- 174;fair housing administrator,§46-38;enforcing official for manufactured homes, § 58-36; enforcing officers for recre- ational vehicle park,§58-130;civil service director,§78-441 et seq. Supp.No.25 CD2:10.2