Subject: 20026/RulesOfProcedure/Council Date: Tue, 14 Sep 1993 10:35:26 -0500 RESOLUTION NO. 20026 A RESOLUTION ESTABLISHING RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, That the following rules be and are hereby established for the conduct of the Council's business: RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF CHATTANOOGA A. Duties of the Chairperson 1. The Chairperson shall preside at all meetings of the Council. 2. The Chairperson shall have general direction of the Council Chamber and shall preserve order. The Sergeant At Arms of the Council shall be under the direct supervision of the Chairperson. 3. The Chairperson shall decide questions of order, subject to appeal of the Council by any Member, and shall put each question. The Chairperson shall have a vote on all matters. 4. The Chairperson shall appoint all committees, unless otherwise directed by the Council, and shall have other powers granted to him/her hereunder. The Chairperson shall fix the order of business for any special meeting of the Council. 5. In the event the Chairperson of the Council becomes incapacitated or unavailable, the Vice Chairperson shall serve as Chairperson of the Council. In the event both are unavailable, the Council may elect a chair pro tem. 0C Rules of Procedure of the City Council Page Two A. Duties of the Chairperson (continued) 6. The Chairperson, only, will be in charge of and accountable for the Council budget. 7. The Chairperson will authorize and/or approve all expenditures requested by the Council Members and the staff, including, but not limited to, travel and supplies. The party seeking authorization or approval shall, at the request of the Chairperson, submit written substantiation that the expenditure requested is for City business. If the Chairperson determines that the expenditure is not for City business, the Chairperson will return the request without authorization or approval for payment to the proper Council Member or staff member. If the involved Council or staff member disagrees with the Chairperson's decision, said Council Member or staff member may appeal to the Council's Budget and Finance Committee, which will make a recommendation to the entire Council; action of the entire Council shall be conclusive. If, at a later date, it is determined that an expenditure properly authorized was not for City business, the Chairperson and the Council Member who initiated the expenditure will both be equally responsible to make restitution; provided, however, if the substantiating evidence upon which the Chairperson relied was incorrect, then the Chairperson shall not be liable to make restitution. If the involved Council Member or staff member disagrees with the findings, such person may appeal to the Council's Budget and Finance Committee, which will make a recommendation to the entire Council, and action of the entire Council shall be conclusive. B. Clerk of the Council The Clerk of the Council shall be in charge of the office staff, shall schedule the workload and assume the 0C Rules of Procedure of the City Council Page Three B. Clerk of the Council (continued) responsibility of office routine. The Clerk shall be in charge of employment and dismissal of Council staff, subject to the direction and approval of the Council in open session. Members of the Council shall not request personal secretarial work of staff members for other than strictly Council business. Any major requirement of a member of the staff by a Council Member is subject to the approval of the Clerk. C. Order of Business 1. Call to Order. 2. Invocation. 3. Minute Approval. 4. Special Presentations. 5. Ordinances - Second and Third Reading. 6. Ordinances - First Reading. 7. Resolutions. 8. Overtime Report. 9. Departmental Reports. a) Department of Human Services. b) Department of Parks and Recreation. c) Department of General Services. d) Department of Public Works. e) Department of Safety. f) Department of Finance and Administration. g) Department of Personnel. h) Department of Equal Employment Opportunity. i) City Finance Officer. j) City Attorney. 10. Other Business. 11. Committee Reports. 0C Rules of Procedure of the City Council Page Four C. Order of Business (continued) 12. Agenda Session for following meeting. 13. Recognition of Persons Wishing to Address the Council on Non-Agenda Matters. 14. Adjournment. D. Proceedings in Council Meetings 1. The Council Members, except the Chairperson, shall be seated alphabetically from right to left, and each Council Member shall address the Chair from his/her appropriate seat, and no Council Member shall be recognized by the Chairperson unless he/she be in his/her proper place. Council Members shall have a regularly assigned seat in the Council Chamber. 2. Every motion, resolution, or ordinance, must be moved by a Council Member and seconded by another Council Member. The fact that any Council Member moves adoption of a resolution or ordinance shall not prevent the Council Member from casting a negative vote on said resolution or ordinance. Upon failure of a second, the Chairperson shall declare the motion failed for lack of a second and the motion shall not be considered further. 3. All motions shall be subject to debate except the following motions: a) To adjourn b) To Lay on the Table (except that all persons who have sought recognition shall be heard) c) To Defer (except that all persons who have sought recognition shall be heard) d) For the Previous Question provided, however, the proponent of any measure sought to be tabled shall have the right to be heard after the 0C Rules of Procedure of the City Council Page Five D. Proceedings in Council Meetings (continued) 3. (continued...) motion To Table is made and before said motion is put to vote. Also, all Members of Council who have sought recognition prior to motions To Table or To Defer shall be recognized before said motion is voted upon. 4. When any question or motion is under debate in the Council, the following motions only shall be in order and may be entertained by the Chairperson: a) To Adjourn b) To Lay on the Table c) To Postpone to a Day Certain d) To the Previous Question e) To Commit f) To Amend g) To Postpone Indefinitely Each of said motions shall take precedent in the order set out herein. It shall take five (5) "yes" or five (5) "no" votes to adopt or defeat any action. Less than five (5) votes do not constitute any action at all. 5. A roll call vote shall be taken by the Chairperson on all ordinances and on all resolutions involving the annual budget, the issuance of bonds or upon demand of any Member of the Council, even immediately after the vote. A roll call vote shall not be necessary in the case of the utilization of funds already appropriated. All ordinances shall be passed on three (3) readings held on at least two (2) different days; provided, however, that on Third and Final Reading, an ordinance may be postponed by affirmative action of Council from week to week or to a day certain. After the Chairperson 0C Rules of Procedure of the City Council Page Six D. Proceedings in Council Meetings (continued) 5. (continued...) has put a question, or after there has been a roll call vote of the Council, the Chairperson shall not entertain a motion until a decision of the Council has been declared by the Chair. 6. Any Council Member may appeal to the Council from any ruling of the Chairperson, and a majority vote of the Council Members present shall decide the appeal. 7. No one other than a Council Member may address the Council, except with the permission of the Chair, provided that the Chairperson's ruling may be appealed to Council in the same manner as any other ruling. 8. In case of any disturbance or disorderly conduct in the Council Chamber, the Chairperson shall have the power to order same to be cleared, or have persons removed. 9. The Council may change the order of business upon majority vote of those present. 10. In the case of public hearings which debate the passage of an ordinance, the Chairperson may set time limitations in advance of the hearings; provided, however, that equal time be afforded to those who support such proposals and those who are in opposition. In the case of group opposition or group support, the Chairperson may limit the number of spokespersons. 11. In the case of final readings on Zoning Ordinances, the following procedures shall be followed: a) The case shall be presented by a member of the staff of the Office of Planning and Development. b) The applicant shall be granted a maximum of five (5) minutes for oral presentation plus two (2) minutes for rebuttal. c) Spokespersons for the opposition shall be granted equal time. 0C Rules of Procedure for the City Council Page Seven D. Proceedings in Council Meetings (continued) 11. (continued...) d) Discussion between Council Members shall not be interrupted by either the applicants or the opponents, nor by any other members of the public present in the Council Chamber. The Chair shall strictly enforce these rules. 12. Persons seeking to speak during the section reserved for Recognition of Persons Wishing to Address the Council on Non-Agenda Matters shall seek recognition at the conclusion of the regular business on the agenda, and the Chair will recognize those persons in the proper order of raising their hands. Recognition of any persons who failed to raise their hands will be discouraged, but final decision shall rest with the Chair. 13. If any question shall arise which is not provided for in these Rules, the same shall be governed by Roberts Rules of Order, which is hereby adopted. E. Organization of Council 1. There shall be the following standing committees which shall be appointed annually by the Chairperson: a) Budget and Finance Committee b) Economic Development, Environment and Housing Committee c) Public Works Committee d) Public Safety Committee e) Legal and Legislative Committee f) Personnel Committee g) Recreation, Arts and Culture Committee h) Health, Education and Human Service Committee 2. Any proposal or ordinance may, upon motion, be referred by the Council to an appropriate committee for consideration and recommendation. The committee may, if it desires, hold public hearings hereon. In such public 0C Rules of Procedure of the City Council Page Eight E. Organization of Council (continued) 2. (continued...) hearings, all speakers shall be limited to five (5) minutes except by special permission of the Chairperson. Equal time shall be afforded for the proponents and opponents of any ordinance or resolution under consideration. 3. The agenda of the Council shall be prepared under the direction of the Clerk of the Council, with administrative items to be submitted no later than 4:30 p.m. on THURSDAY, preceding the Council meeting, to the Office of the City Attorney. Any matter which has appeared on the agenda and has been acted upon by either a majority vote for approval or rejection may be brought before the Council for reconsideration upon proper motion of a Council Member and seconding motion by another Council Member. The only requirements for this action are: a) The Member making the motion for reconsideration must have voted on the prevailing side of the initial vote. b) Such motion for reconsideration must be made prior to closing of the meeting in which the vote was cast. No matter, either ordinance, resolution, or special permit, having been duly considered and rejected at one meeting, may be placed on the agenda by either a Member of the Council or the administration for further consideration until SIX (6) MONTHS (minimum of twenty-four (24) official weekly meetings) following original consideration of the matter unless a majority of the Council votes to place the matter on the agenda. 4. All proposed ordinances, resolutions, motions, and other matters submitted by Council Members shall be submitted in writing to the Office of the City Attorney by 4:30 p.m. THURSDAY, except that the Chairperson, Vice- Chairperson or any two (2) Council Members may give 0C Rules of Procedure of the City Council Page Nine E. Organization of Council (continued) 4. (continued...) notice of an ordinance or resolution and the same shall be considered at Tuesday meetings, if, in fact, the Council Members present it in writing by the Tuesday meeting. Only items involving extreme emergencies may be added to the agenda after the Thursday, 4:30 p.m. deadline; provided, also, that two (2) or more Members of the Council may voice their objections thereto and said items shall be added to the next regular agenda. 5. All proposals, recommendations and communications submitted by the Mayor or his designated officer shall be in the Office of the City Attorney by 4:30 p.m. THURSDAY, preceding the Council meeting. 6. All other communications required by law to be presented to the Council shall be placed on the agenda. 7. The City Attorney's staff shall send to the Council Office and mail to all Council Members a copy of the agenda before 5:00 p.m. FRIDAY preceding each Council meeting. A copy of any resolutions or ordinances on the agenda for consideration shall be sent to the Council Office and mailed to each member of the appropriate committee, along with the agenda. Any Council Member may request the Council Office to allow him to pick up a copy of the agenda, resolutions, and ordinances in lieu of mailing same to him/her. 8. The City Attorney's staff, unless otherwise instructed by the Council, shall make such agenda available to the public and to the press by mailing time each FRIDAY. 9. Motions, purchases and administrative actions which appear to be noncontroversial, may be heard as administrative (departmental) reports. All items heard as administrative (departmental) reports may be read cumulatively and adopted by one (1) vote, provided, however, an objection by any one (1) Member of the Council will cause an item to be removed from the administrative (departmental) reports and handled in the normal manner. 0C Rules of Procedure of the City Council Page Ten F. Code of Ethics 1. Members of the Council are expected to be prompt in their attendance of official meetings, including those held in joint session with the Hamilton County Commission. Such meetings shall be conducted in an orderly manner and according to the Rules of Procedure as adopted by this Council. 2. Conduct of individual Members during meetings of the Council is expected to reflect a total sense of respect for the office held by those assembled to conduct business. Members shall be courteous to one another, to any member of the administrative staff, as well as persons who may address the Council. A Member may not speak until recognized by the Chair and shall not be recognized the second time on the same subject until all Members who wish to speak have had an opportunity to do so. Any disorderly conduct shall be noted by the Chair, and the offending Member shall forfeit the privilege of the floor for the remainder of the meeting, except for the purpose of casting his vote. G. Other Meetings of the Council 1. The Council meets in official session at 6:00 p.m. each Tuesday in the Council Chamber. 2. No rule(s) of the Council's Rules of Procedure may be changed without receiving an affirmative constitutional majority. A constitutional majority is defined to be a majority of the number of Members to which the Council is entitled, currently five (5). Notice of a proposed rule change must be communicated in writing, to each Council Member at least seven (7) days prior to consideration by the Council. Said notice shall state the general nature of the proposed rule and the date on which the sponsor intends to present the proposal to the Council. These rules may be amended at any time by a majority vote of the Council. 0C Rules of Procedure of the City Council Page Eleven H. Travel Policy of the Council 1. The City Council hereby adopts the official City of Chattanooga Travel Policy as a guideline for definition of allowable travel expense and limitation, and for the Chairperson's use in considering approval or disapproval of the type and amount of travel expenditure requests for which individual Members seek advance payment of post-travel reimbursement. Said Travel Policy as it relates to Council Members may be amended by majority vote of Council. 2. All Members of the City Council shall request out-of-city travel and/or reimbursement from the Chairperson of the Council, who will approve or disapprove said request after expeditious review, and said review and determination shall be based on whether or not said travel is judged to be in the best interest of the City of Chattanooga. In the event the Council Chairperson disapproves a Member's travel request, said Member may appeal the Chairperson's decision to the Council's Personnel Committee which may, by majority vote of the Committee's membership, recommend to the full Council to uphold the Chairperson's decision or approve the travel requested. 3. Council Members shall be responsible for prompt notification of their ability to attend a conference or a meeting which requires pre-registration. In the event a registration fee has been made which is not refundable, Council Members shall be required to reimburse the City for that portion of the fee which is nonrefundable. The Council Chairperson shall have the ability to waive this requirement upon justification of the circumstances which require cancellation. In the event the Council Chairperson disapproves a Member's waiver request, said Member may appeal the Chairperson's decision to the Council's Personnel Committee's membership and recommend to the full Council, either to uphold the Chairperson's decision or to waive the reimbursement. ADOPTED: October 19, 1993 RLN:cjc