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HomeMy WebLinkAbout13079i ORDINANCE NO 13,079 AN ORDINANCE ESTABLISHING RULES OF PARLIAMENTARY PROCEDURE FOR MEETINGS OF THE BOARD OF DIRECTORS; AND FOR OTHER PURPOSES BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. The following parliamentary procedures and practices shall be employed and applied to the conduct of meetings of the Board of Directors: I THE PATTERN OF MEETINGS Official meetings of the Board of Directors shall be conducted and follow the following pattern in the order presented: A. Call to order B. Roll Call C. Reading of minutes of the previous meeting D. Reports of boards and standing committees E. Reports of special committees F. Unfinished business G. New Business H. Announcements I. Invitation to citizens present to address the Board J. Adjournment There may be deviation from the order of business by a motion to suspend the rules or by general consent. To secure general consent the mayor states that there will be a change in the order of business if no member objects. A. CALL TO ORDER: Meetings will be called to order promptly at the appointed time. The mayor calls the meeting to order by rapping with his gavel and accounding: "The meeting will please come to order." B. ROLL CALL: The mayor or other presiding officer will not call the r -r -2- meeting to order if a quorum is not present. A majority of all directors is a quorum. The presiding officer will ask the clerk to call the roll. When the clerk calls the roll, he calls the names of the members by numerical position one (1) through seven ( 7) . C. READING OF MINUTES: After the roll call, the reading of the minutes of the previous meeting or meetings is the next item of business. On motion duly made, seconded and adopted the reading of the minutes of the last meeting may be dispensed with, other- wise the mayor will ask the clerk to read the minutes of the last meeting. D. & E. REPORTS OF COMMITTEES: The mayor next calls upon the chairman of each standing committee and asks if he has a report. The usual order is (1) the chairmen of standing committees in the order in which the committees are named by resolution or ordinance; (2) the chairmen of special committees in the order of their appoint- ment. F. & G. UNFINISHED AND NEW BUSINESS: The Agenda for the official meeting of the Board of Direc- tors will be so structured as to present for consideration all unfinished business first followed by matters of new business, whether such be in the form of consideration of prepared written documents or action on motions pertaining to new business. H. ANNOUNCEMENTS: When all members who wish to present motions have done so, the mayor calls for announcements. If it is possible to confine all announcements to the period set aside for them, rather than to have them presented at various times throughout the meeting, business will be expedited. The mayor first calls upon members who have previously indicated to him that they wish to make announcements. He then asks if there -3- are any other members who have announcements and concludes with his own. I. INVITATION TO CITIZENS'pRESENT TO ADDRESS THE BOARD: The mayor will inquire and invite any citizen present at a board meeting to address the board if such an audience is desired. No advance permission is required under this provision for a citizen to address the board on any issue. J. ADJOURNMENT: When the business of a meeting appears to be completed, some member should move to adjourn. As soon as a motion to adjourn is proposed, the mayor should put the motion to a vote, and if the motion carries, he announces that the meeting is adjourned. The meeting is not adjourned until formal announcement of its adjourn- ment is made by the mayor. If no member moves to adjourn, the mayor may suggest that if there is no further business, some member should move to adjourn. II HOW MOTIONS ARE HANDLED The business of a meeting is carried on by means of motions. In a broad sense a motion is a formal statement of a proposal for the governing body to consider and vote upon. It is well to become familiar with the steps of handling a motion and with their phraseology. Only after these mechanics of a motion become second nature, can one concentrate on the content of the motion. The following are the steps in handling a motion: A. A member addresses the mayor B. The mayor recognizes the member C. The member states his motion D. Another member seconds his motion E. Mayor states the motion to the assembly F. Members may discuss the motion, if debatable G. Clerk or recorder takes the vote H. Mayor announces the result -4- A. ADDRESSING THE CHAIR: Any member of the board may propose a motion. He may do this at any appropriate time whenever there is no business before the assembly. To present a motion, a member addresses the presiding officer by his official title; for example: "Mr. Mayor." Addressing the chair is equivalentto requesting permission to present a motion or to discuss a motion already presented. B. RECOGNITION BY THE MAYOR: The mayor recognizes a member by calling his name, or by nodding to him, or by designating him in some other way. As soon as the mayor recognizes a member, that member is entitled to the undivided attention of the Board while he pro- poses or discusses a motion. C. PROPOSING A MOTION OR A RESOLUTION: A motion is a proposal that the board take certain action or express certain sentiments. It is always stated in the form: "I move . . followed by the proposal to be considered. An occasional brief introductory remark may preface a motion, but discussion or debate is not permissible until a motion has been stated by the mayor and is before the board for discussion. If it is desirable to have discussion before a motion can be formulated, this may be done by moving that the subject be considered informally. D. SECONDING MOTIONS: After a member has proposed a motion, it is then in order for another member to second the motion. The seconding member, without rising, says: "I second the motion." If the mayor does not hear a second to a motion, he should ask, "Is there a second to the motion that . . ." and repeat the motion, since it may be that some of the members have not understood its meaning. If no second is forthcoming, the mayor declares the motion "lost for want of a second." -5- Seconding a motion means that the seconder wishes to have the motion presented to the assembly for consideration. It does not necessarily imply that the seconder favors the motion or intends to vote for it, although this is usually true. Require- ment of a motion and a second is based on the belief that at least two members should be interested in the discussion of a proposition before a motion is presented to the board. Routine motions, such as approving the minutes are frequently stated by the mayor without waiting for a second, unless some member objects. If a member does object, the mayor must call for a second. E. STATEMENT OF MOTION BY THE MAYOR: As soon as a motion has been properly moved and seconded, it is the duty of the mayor to state the motion promptly to the board. Until he has done so, the motion is under the control of its maker and can be withdrawn or modified by him as he wishes. Once the motion has been stated to the Board, it is in the posses- sion of the body to do with it as it chooses. If a motion is proposed in a form which is misleading, vague, or overly complicated, it is the duty of the mayor either to request the member to rephrase his motion or to rephrase it himself. If the mayor rephrases the motion, he should make sure that he does not change its meaning. He should ask the member whether the rephrased motion, as stated to the Board expresses his proposal correctly. If a motion proposes action which is contrary to law, or to the by -laws or rules, or if it is obviously dilatory (that is, made for the purpose of delaying business) or is completely unsuitable for the consideration of the board, the mayor should rule it out of order. He may say, "The chair rules your motion out of order," and state the reason for so doing. F. DISCUSSING A MOTION: A member obtains the floor to discuss a motion in the same Q. manner as he does to propose a motion. Once a member has been recognized for the purpose of dis- cussing a motion, he must be protected in his right to speak, so long as he observes the rules of decorum and confines his remarks to the subject. Debate is restricted to the measure under consideration and neither its proposer nor his motives can be discussed. The rules of debate require that all discussion be impersonal and that it be addressed to the presiding officer. G. VOTING ON A MOTION: When it appears that all members who wish to discuss the question have done so the mayor may inquire: "Is there any further discussion ? ", or, "Are you ready for the vote ?" This query gives notice that debate is about to close and that if any member wishes to claim the floor, he should so do immedi- ately. The mayor should ignore calls of "Question!" from the floor, for no member has a right to try to force an immediate vote in this manner. If no one claims the floor, the mayor, after a pause, puts the question to vote. The announcement of the vote by the mayor is the last step in the production line which has carried the motion from its introduction by an individual member to its disposal by vote of the board or governing body. III THE PRECEDENCE AND CLASSIFICATION OF MOTIONS The rank of motions, which is called "precedence keeps the business of the meeting going with easy efficiency, and every motion is attended to in its proper turn. The order of precedence of motions is based on the degree of their urgency; and it is logical and easy to understand. The following is a -7- list of the more important motions, arranged in the order of their precedence: ORDER OF PRECEDENCE A. Adjourn B. Recess C. Question of privilege D. Postpone temporarily ( "lay on the table ") E. Vote immediately ( "previous question ") F. Limit debate G. Postpone definitely H. Refer to committee I. Amend J. Postpone indefinitely K. The general main motion 1) K is the main motion 2) D & J are subsidiary motions 3) A & C are privileged motions A. THE FOUR CLASSES OF MOTIONS: 1. Main Motions: This group is made up of motions which bring subjects (as contrasted with procedural questions) before the board for decision. These motions constitute the principal business of a meeting. They are the most important of all motions because they bring the main business before the meeting. 2. Subsidiary Motions: This group is made up of seven motions which are alter- native methods of changing or disposing of the main motion. Their name derives from the fact that they are subsidiary to the main motion, and, therefore, can be proposed only when a main motion is before the board. If a main motion is pending and some members do not wish to vote on it directly at the time, they have several choices as to how the motion may be modified or disposed of. For example, WE one member may believe that it is an unsuitable motion for the board to consider and may move to postpone it indefinitely. Another may think that the motion should be changed so that it conforms more nearly to the ideas of the board and may move to amend it. 3. Incidental Motions: The motions of this group arise incidentally out of the business which is before the board. In general, they are con- cerned with the rights and privileges of members. They have only a few characteristics in common. The purpose of this group of motions is to handle pro- cedural problems which arise out of the consideration of other questions. These problems, naturally, must be settled before consideration can be given to the question out of which they arise. Incidental motions are not included in the list of precedence because they may be proposed at any time and must be decided whenever they arise. Therefore, they present no problem of precedence. The important incidental motions are: a) Appeal b) Point of order c) Parliamentary inquiry d) Suspend rules e) Withdraw a motion f) Object to consideration g) Division of a question h) Division of the assembly Many additional motions may arise incidentally during the discussion of another motion. For example, if the board were considering a main motion, some member might move that it be voted upon by ballot. This would be an incidental motion and would be voted upon immediately. If however, no main motion were pending and someone moved that hereafter votes be taken by ballot, this would be Wz a main motion and not an incidental motion. This is an example of how motions may vary in their classification according to the situation out of which they arise. Further examples of motions which may arise incidentally are: motion to excuse a member from voting; to consider a resolution paragraph by para- graph; to take a vote by roll call; to close nominations. 4. Privileged Motions: This small group is composed of motions which are so important that they are given privileges not accorded to other motions. They are, in effect, main motions which, because of their urgency, must be decided before the pending question. They relate to the members and to the board rather than to the main motion. B. RULES OF PRECEDENCE: The chief purpose of dividing motions into four groups is to determine their rank or precedence. This rank is fixed and definite and is based on logical reasoning. There are two important rules of precedence: 1) when a motion is pending, any motion of a higher rank may be proposed, but no motion of lower rank is in order. The motion to adjourn (A) has the highest rank, and a main motion(K) has the lowest. If a main motion (K) is pending, any motion of higher rank (A to J) can be proposed. If "H" is pending, "G" to "A" can all be pro- posed, but "I" or "J" cannot. Motions are considered and voted upon in inverse order to the order of their proposal, the last one proposed being con- sidered and disposed of first. For example, if motions K, J,G, and B were proposed in that order, they would be considered and voted upon in the following order: B, G, J and K. IV QUORUM A quorum is one necessary ingredient for a meeting. A quorum is the minimum number of the members which must be pre- sent at a meeting in order to transact business legally. Before -10- a mayor calls the board meeting to order, he should be reason- ably sure that a quorum is present. If a quorum is not present, all the group can do is fix a time for another meeting and adj ourn . A majority of the board is a quorum. V DEFINITIONS OF PARLIAMENTARY TERMS ADJOURN: To terminate a meeting officially. ADOPT: To approve, to give effect to. ADOPT A REPORT: The formal acceptance of a report. Adoption commits the board to everything included in the report. AFFIRMATIVE VOTE: A "yes" vote to a question before a board: an agreement to its acceptance. AGENDA: The official list of business to be considered at a meeting. AMEND: To change, by adding, deleting, or substituting words or provisions. ANNUL: To void or cancel an action previously taken. APPEAL: A decision of the presiding officer may be appealed from. An appeal requires that the decision be referred to the board for its determination by a vote. COMMON LAW: Law developed by court decisions. Judge -made law. DEBATABLE: Capable of being discussed. DIVISION OF QUESTION: Separation of main motion into two or more independent parts each of which is capable of standing alone. GENERAL CONSENT: An informal method of disposing of routine and generally favored proposals by the chairman assuming the group's approval, unless objection is raised. Also called "unanimous consent." INCIDENTAL MOTIONS: Motions relating to questions which arise incidentally out of the business, or order or manner of considering the business of a board. LAY ON THE TABLE: To postpone a motion until a later, but as yet undetermined time. LIMIT DEBATE: To place restrictions on the time to be devoted to debate on a question or the number of speakers or the time allotted each. MAIN MOTION: A motion presenting a subject to a board for discussion and decision. NEW BUSINESS: Any business other than unfinished or "Old Business" which may properly be brought before a board. OBJECT TO CONSIDERATION: To oppose discussion and decision on a main motion. -11- ORDER OF BUSINESS: The formal program of sequence of different items or classes of business arranged in the order in which they are to be considered. ORDINANCE: Law made by Legislative Body of a Municipality. PENDING QUESTION: A question, or motion, before the board, which has not yet been voted upon. POSTPONE DEFINITELY: To defer consideration of a motion or report until a specific time. POSTPONE INDEFINITELY: To kill a motion or report by deferring consideration of it indefinitely. POSTPONE TEMPORARILY: To defer consideration of a report or motion until the board chooses to take it up again. The old form of the motion was "lay on the table. PRECEDENCE: The right of prior proposal and consideration of one motion over another, or the order or priority of consideration PRIVILEGED MOTIONS: The class of motions having the highest priority. QUESTION OF PRIVILEGE: Request or motion affecting the comfort or convenience of the board or one of its members. RECONSIDER: Motion to cancel the effect of a vote so that the question may be reviewed and redecided. REFER TO COMMITTEE: Motion to delegate work to a small group of members for study, decision, or action. RESUME CONSIDERATION: To take up for consideration a motion which has been postponed temporarily. The old form of the motion was "take from the table." SPECIAL COMMITTEE: A committee appointed to accomplish a particular task and to submit a special report. It ceases to exist when its task is completed. SPECIAL MEETING: A meeting called to consider certain specific business which must be set forth in the call. STANDING COMMITTEE: A committee to handle all business on a certain subject which may be referred to it, and usually having a term of service corresponding to the term of office of the officers of the organization. UNFINISHED BUSINESS: Any business deferred by a motion to postpone to a definite time, or any business which was incomplete when the previous meeting adjourned. Unfinished business has a preferred status at the following meeting. VIVA VOCE VOTE: A vote taken by calling for "ayes" and "noes" and judged by volume of voice response. Sometimes called "voice vote." VOTE IMMEDIATELY: Motion to close debate, shut off subsidiary motion, and to take a vote at once. WITHDRAW: Motion by a member to remove his motion from consideration by the board. -12- SECTION 2. Executive sessions will be permitted only for the purpose of discussing or considering employment, appointment, promotion, demotion, disciplining, or resignation of any public officer or employee. Executive sessions must never be called for the purpose of defeating the reason or the spirit of the Freedom of Infor- mation Act. No resolution, ordinance, rule, contract, regulation or motion considered or arrived at in executive session will be legal unless following the executive session, the public body reconvenes in public session and presents and votes on such resolution, ordinance, rule,contract, regulation, or motion. SECTION 3. Voting requirements for the passage or adoption of any By -law, Ordinance, Resolution or Motion shall be that which is now or may hereafter be provided by applicable statutory laws of the State of Arkansas. SECTION 4. Except, wherein a conflict exists with the provisions of this ordinance or the laws of Arkansas, Robert's Rules of Order, Revised, shall govern the Board of Directors in its official actions. SECTION 5. This Ordinance shall be in full force and effect from and after its passage. PASSED: August 5, 1975 ATTEST: APPROVED: City Clerk Mayor