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R-08-31 RESOLUTIO~ ~O. R-08-31 CITY CO~CIL RULES OF PROCEDURE V\THEREAS", the City Council desires to provide rules and procedures ror conducting City business; and V\THEREAS, by this resolution., the Council is adopting the hereinafter attached rules of procedure; ~OVV> THEREFORE, BE IT RESOLVED that the City Council orthe City of Fairfax, Virginia,. hereby adopts the attached rules orprocedure for conducting City business. Adopted this 1st day of July 2008. ~~~~ ATTEST: ~/d---~~~ - ~ City Clerk The vote on the motion to approve vvas recorded as follovvs: V<>TE: Councilvvoman Cross Councilman. Drummond Councilman Greenfield Councilman 1\.IIeyer Councilman Rasmussen Councilman Stombres Aye Aye Aye Aye Aye Aye CITY COUNCIL RULES OF PROCEDURE I. Types of Meetings A. Regular - A meeting held at the regularly scheduled day and time adopted by the Council for its regular meetings. Action may be taken and the public may speak. B. Special - May be called at the request of either the Mayor or not less than three members of Council. Normally, a special meeting is called for a specific reason. Action may be taken at a special meeting. C. Work Session - A meeting to discuss issues and develop consensus thereon. No formal action may be taken at a work session. II. Rules of Council A. The Council may adopt rules of Council, as it deems necessary for the regulation of its proceedings and the transaction of its business. These rules may not conflict with requirements of the City Charter or other applicable provisions of law. B. Examples of matters which may be addressed by rules of Council are: 1. Order of business and agenda item summary (formats - Attachments A and B). 2. Procedures for conduct of public hearings (procedure for zoning hearings - Attachment C) 3. Time limitation on presentations to Council. 4. Meeting schedules. 5. Boards and Commissions appointments. 6. Tasking of staff and City Attorney. 7. Submission of quarterly reports. 8. Budget process. III. Rules of Order In addition to the rules of Council, the Council may adopt Robert's Rules of Order and provide that Robert's Rules apply, except where inconsistent with the rules of Council. IV. Examples of Frequently Encountered Motions Motions should be clear and simple. All motions should be stated in full by the mover (Summary Table - Attachment D). A. Recess or Adjourn. "I move that we recess (or adjourn)." [This motion is not debatable unless it is qualified by the over. A motion may be made at the beginning of a meeting whereby the Council agrees to adjourn at a specified time or after discussion of a specified agenda item. Adoption of an agenda with adjournment reflected after a specified agenda item accomplishes this result]. B. Point of Order. "I rise to a point of order" [The purpose of this motion to call for the Mayor to enforce the rules of Councilor rules of order]. C. Withdraw or Renew a Motion. "I desire to withdraw my motion (describe the motion)." [A motion can be withdrawn before final action is reached. If no one objects, the motion is withdrawn. If an objection is made, then another member must make a motion granting the mover leave to withdraw the motion. Leave to withdraw a motion does not require a second and is not debatable]. D. Previous Question (Close Debate). "I move the previous question on (describe the motion)." [The object of this motion is to bring the Council to vote on the question. The effect of this motion is to close debate immediately. It cannot be debated. This motion requires a 2/3 vote of the Council present (4 of 6, 4 of 5 or 3 of 4). If the motion passes, the previous question is voted upon without debate]. E. To Refer. "I move that we refer this question (or resolution) to (state the committee to which or person to whom it is being referred). F. To Amend. "I move that we amend the motion (by adding, striking out, inserting) the words " G. To Postpone or Defer. "I move that we postpone (or defer) a vote upon this motion or item (state date or state that the motion or item is postponed or deferred indefinitely). " H. To Table. "I move that we table this item (describe the item)." [The item remains tabled until a motion is passed to remove the item from the table]. 1. To Reconsider. "I move that we reconsider (describe the motion, vote or item be reconsidered)." [The motion must be made on or before the conclusion of the next regularly scheduled meeting by a member who voted on the prevailing side of the prior motion, vote or item. The motion may be seconded by any member of Council] . V. Mayor A. The Mayor presides over Council meetings as the Chairman. The Mayor is the head of the City government for all ceremonial purposes. B. The Mayor, together with the City Manager, prepares the proposed agenda for Council meetings. The agenda is acted upon by the Council. C. The Mayor may speak at Council meetings. The Mayor may vote only to break a tie vote. This rule is subject to certain exceptions [i.e. closed meeting certification and as otherwise provided by applicable law]. Under limited circumstances, the Mayor may make motions regarding matters on which he or she is entitled to vote [e.g. closed meeting certification or motion to reconsider a matter on which the Mayor voted to break a tie]. D. The Mayor may veto ordinances and resolutions. Vetoes may be overridden by a 2/3 vote of all Council members [i.e., 4 of 6]. E. The Mayor signs ordinances, resolutions, proclamations and other documents required by law or by action of the Council to be signed by the Mayor. F. In the absence or disability of the Mayor, he may designate a member of Council to perform the mayoral duties. If the Mayor fails to designate a member, then the Council, by a majority ofthose present, may choose a member of Council to perform the mayoral duties. A Council member designated to serve in the absence or disability of the Mayor does not lose his or her right to vote as a Council member. VI. Quorum A. Unless otherwise specified by the Charter or other applicable law as related to a specific action, a majority of the members [4 of6 members] ofthe Council (not simply members present) constitutes a quorum for the transaction of business. The Mayor is not considered in determining whether or not a quorum is present. B. Unless otherwise provided by law, ordinances are adopted by a majority vote of the members of Council present. Examples of ordinances which must be adopted by greater than a majority vote are ordinances authorizing the issuance of bonds [2/3 vote of the entire Council, i.e. 4 of 6 votes] or selling rights in City property dedicated to public use [3/4 vote of the entire Council, i.e., 5 of 6 votes]. VII. Forms of Action A. Ordinances An ordinance is a local law of a municipal corporation, duly enacted by the Council, prescribing general or permanent actions or rules of conduct relating to . the affairs of the City. A duly enacted ordinance has the force and effect oflaw. 1. In addition to other acts required by law or by provisions of the Charter to be done by ordinance, the following acts be accomplished by ordinance: a. Adopt or amend the City Code or establish, alter or abolish any City Department, office or agency; b. Establish a law or regulation and fine or any penalty for the violation thereof; c. Levy taxes, except otherwise provided with respect to the property tax levied by adoption of the budget; d. Grant, review or extend a franchise; e. Regulate the rate charged for services provided by a City public utility; f. Conveyor lease or authorize the conveyance of leased of any lands of the City; g. Amend or repeal any ordinance previously adopted except for emergency ordinances; h. Other such acts as provided by law to require an ordinance; and 1. Acts other than those referred to above may be accomplished by ordinance, resolution or other action of the Council. 2. The procedure for adoption of ordinances (other than emergency and zoning ordinances) is as follows: a. The proposed ordinance is introduced by a member of Council during a regular meeting and is approved by a majority of the Council members present. [i.e., 4 of 6,3 of 5 or 3 of 4]. A proposed ordinance may also be introduced during a special meeting when either the subject has been included in the special meeting notice or the subject has been approved by a 2/3 vote of members present at the meeting. [i.e., 4 of 6,4 of 5 or 3 of 4]. b. A first reading of the ordinance (upon introduction) is required, unless waived by a 2/3 vote of the Council members present [i.e., 4 of 6, 4 of 5 or 3 of 4]. Typically, the Council waives the first reading. Upon concurrence of a majority of the Council members present [i.e. 4 of6, 3 of5 or 3 of 4], the Council sets a time and date for a public hearing on the ordinance [no sooner than three days after introduction]. The first reading of an ordinance may be handled as a consent agenda item. c. A public hearing is held on the ordinance after publication by the City Clerk. The Council may direct the Clerk to publish the full text of the proposed ordinance. d. The ordinance may be passed upon completion of the public hearing. e. Amendments or additions to the ordinance may be at any time before adoption. f. If a proposed amendment introduces an entirely new subject matter or radically changes the overall purpose of the original ordinance, then the amendment must be introduced and advertised as a new ordinance. g. At the second reading of the proposed ordinance, only the title must be read unless amendments or additions were made after introduction. In such case, the amendments or additions must be read in full prior to enactment. h. Ordinances which impose or increase public utilities or planning and zoning levies and fees are subject to special notice and advertisement requirements, different than those related to the enactment of other ordinances. 3. The procedure for adoption of emergency ordinances is as follows: a. If, in the opinion of Council, an emergency exists, an ordinance may be passed with or without amendment during the same meeting at which it is introduced. b. The ordinance must contain a specific statement of the emergency and must be passed by a 2/3 vote of the Council members present. [i.e., 4 of 6,4 of 5 or 3 of 4]. c. An emergency is an unforeseen event or combination of circumstances the result of which requires immediate action. d. No publication, hearing or specific time interval between introduction and passage is necessary. e. The ordinance is automatically repealed as of the day following the 91 st day of adoption. It may also be repealed by adoption of a repealing ordinance. [The procedure for adopting the repealing ordinance is the same procedure for the adoption of ordinances, See VI.A.2.]. f. The ordinance may be reenacted by the procedure for adoption of non-emergency ordinances. 4. The procedure for adoption of zoning ordinance is as follows: a. Zoning map amendments may be initiated by the applicant or the Council. Other zoning amendments may be initiated by the Councilor the Planning Commission. b. The proposed ordinance is considered by the Planning Commission in a legally advertised public hearing. The Planning Commission may recommend to Council that the ordinance either be approved, approved with modifications, or denied. The Planning Commission may take no action on the ordinance. c. The Council then holds a public hearing after advertisement thereof and takes action on the proposed ordinance. d. A zoning ordinance cannot be adopted as an emergency ordinance. 5. Appropriations Ordinances or Resolutions a. Adoption of ordinances or resolutions appropriating money $500.00, imposing taxes or authorizing borrowing of money require a majority vote of all members of the Council. [i.e. 4 of 6]. The Mayor may not vote to break a tie on appropriations ordinances and resolutions. b. To meet a public emergency, the Council, by ordinance, may budget, borrow, appropriate and expend an amount not exceeding ten percent (10%) of the previous year's budget, without being bound by the City Charter. This action requires a two-thirds vote of the entire Council [i.e., 4 of 6] and must contain a clear statement of the nature and extent of the emergency. 6. Ordinances (and resolutions having the effect of ordinances) become effective upon signature by the Mayor. a. If the Mayor fails to sign or veto an ordinance or resolution within five days, (Sundays excepted), then it becomes operative as if the Mayor signed it (unless his term or that ofthe Council expires within the five day period). b. If the Mayor vetoes an ordinance or resolution, then the Council may reconsider it at the next regular meeting. c. An ordinance or resolution may be approved over the Mayor's veto by a 2/3 vote of all Council members. [i.e., 4 of 6]. B. Resolutions 1. A resolution is a less formal action than an ordinance. It encompasses all actions of the Council other than ordinances. A resolution is adopted to dispose of administrative matters of a temporary or special nature. 2. In most cases, a public hearing is not required before adoption of a resolution. 3. The proper form of a motion adopting a resolution is "I move adoption of the following resolution (describe the resolution)." 4. A resolution continues in effect until it is repealed, becomes ineffective either by its terms or by law, or a subsequent resolution is passed which contradicts or changes its terms. C. Proclamations A proclamation is an act stating or causing certain matters to be published or made generally known. The Mayor, as the ceremonial head ofthe City government, typically reads proclamations. Requests for proclamations must be forwarded to the Mayor. D. Method and Recordation of Voting 1. The votes ofthe Council must be determined by yeas and nays. Voting by secret or written ballot in a public meeting is impermissible. 2. When announcing the vote, the Mayor states after each vote if there are any abstentions or absences, and identifies by name the abstaining or absent member or members of the Council. 3. The names of the Council members voting for and against each agenda item and the names of the Council members who abstain or are absent are recorded by the City Clerk. E. Abstention from Voting Abstention from voting does not constitute a negative vote. A motion may pass with one affirmative vote if a quorum is present and other members present abstain from voting. F. Unanimous Consent Compared to a Consensus. 1. Unanimous consent is a voice or recorded vote where all persons voting agree to the motion. 2. A consensus is an informal sense of the majority of the governing body. G. Reports 1. A report may be received by the Council by unanimous consent. Should a council member object, a motion to receive the report is necessary and requires a majority vote. 2. Receipt of a report does mean that the report has been either or 3. After the Council receives or considers a report, then Council may either accept, to, reject or take no action concerning the report. 4. By adopting or accepting a report, the Council makes the acts of the preparer of the report the acts of the Council. If the report contains formal resolutions, then the Council, by adopting, accepting or agreeing to the report, adopts those resolutions. VIII. Agenda Item Descriptions A. There are no specific requirements for the descriptions of general agenda items. However, each description must inform the public of the nature of the item to be considered (i.e., placed upon the Council agenda) and the purpose sought to be accomplished by the item. B. Agenda item descriptions regarding ordinances and public hearings thereon must include sufficient information to inform the public of the nature of the matter and the Code the ordinance to be affected. In the case of zoning items, the names of the applicant, a description of the type of application, the address and the map number of the subject property must be stated. IX. Consent Agenda A. Agenda items for which there is no opposition may be adopted by consent. B. Examples of items typically placed on the consent agenda are: 1. Introduction of ordinances or resolutions; 2. Transfer of funds; 3 . Awarding of contracts; and 4. Authorizing the Mayor or City Manager to sign agreements. C. The Chair entertains a motion for adoption of the consent agenda. The Chair asks if any member of Council objects to handling the items on a consent agenda. If a member objects, then the item is removed from the consent agenda and considered during the regular agenda. The Chair then asks whether anyone wishes to abstain to any of the items. If a member abstains, the abstention noted. The motion for adoption of the consent agenda is voted upon. D. Agenda items that involve public hearings may not be included on the consent agenda. X. The Virginia Freedom of Information Act (the "Act") A. The Act applies to public bodies, including the Council and committees or subcommittees created to delegated functions of the public body or to advise the public body. The Act also applies to organizations, corporations or agencies supported wholly or principally by public funds. B. The Act requires that all meetings be open to the public unless the Council elects to exercise an exception listed in the Act. Meetings include work sessions during which no votes are cast or decisions are made. C. The Act requires that notice of meetings, including special or emergency meetings, be given to persons requesting notice. Notice, reasonable under the circumstance, of special or emergency meetings must be given contemporaneously within the notice given to members of the public body conducting the meeting. D. Meetings include conference telephone calls and informal assemblages of three (3) or more members of the public body. A chance gathering of members of a public body at any place or function where no part of the purpose is to discuss or transact public business and where the gathering or attendance was not called or prearranged to discuss or transact business is not a meeting. E. Minutes must be recorded at all Council meetings. Minutes typically include the type of meeting, date, hours, location, names of members present and absent, all motions and actions thereon, and the names of members introducing the motions. Unless otherwise required by law Planning Commission), minutes are required to be kept of meetings of commissions or committees appointed by the Council unless a majority of the Council sits on the commission or committee. F. The Act provides for public access to public documents, subject to various exclusions. An initial response to a request for documents must be made within five (5) work days after receipt of the request. G. The Act may be enforced by a civil action filed in the Circuit Court, A willful and knowing violation of the Act results in a civil penalty against individual violators in amounts between $25.00 and $1,000.00. If the Court finds a violation of the Act, then costs and attorney's fees can be awarded against the public body. XI. Procedure to Convene and Conclude a Closed Meeting under the Act. A. Before convening a closed meeting, the Mayor and Council must adopt a motion stating the purpose of the closed meeting and the section or sections of the Freedom of Information Act under which the Council is convening the closed meeting. B. During the closed meeting, the Council must restrict its consideration to matters specifically permitted to be discussed in closed meeting under the Act. Formal action on matters discussed in closed meeting must be taken in a public meeting. C. At the conclusion of the closed meeting, the Mayor and Council must convene in open session and vote on a certification motion. D. The minutes must reflect the vote ofthe Mayor and each Council member on the motion. E. If the Mayor or any member believes that the Council departed from the requirements of the certification motion, then such person must state this fact before the vote and must describe the substance of the departure. F. Failure of the certification motion to pass does not affect the validity or confidentiality of the closed meeting. XII. The Dillon Rule Local governments in Virginia are subject to the Dillon Rule, which provides that local governments have only three types of powers: A. Those granted in express words by either the City Charter or the Code of Virginia; B. Those necessarily or fairly implied in or incident to the express powers; and C. Those, which are essential and indispensable (not merely convenient) to the purposes of the local government. If there is a reasonable doubt as to whether or not the General Assembly has conferred a power upon a local government, the presumption that the power has not been conferred. PROCEDURE FOR CONDUCTING A ZONING HEARING BEFORE THE CITY COUNCIL A public hearing on a zoning application before the City Council will normally be conducted in the following manner: 1. The Mayor announces the case. 2. The Mayor asks the Clerk whether the notice requirements have been met (newspaper advertising, posting of the property and notice by the City staff to neighboring property owners). 3. The Mayor asks the City Manager for staff comments. The Manager asks the Planning Director or other staff members to locate the property on a map, identify any changes in the staff report and provide the staff recommendations. 4. The Mayor opens the public hearing and requests the applicant to present his/her case. 5. The Mayor invites public comment on the application in an order determined by the Mayor. The Mayor and Council members may read into the record any letters from the public concerning the application. 6. The Mayor invites the applicant to present a rebuttal. 7. The Mayor declares the public hearing closed, unless the Council adopts a motion continuing the public hearing. 8. The Mayor entertains a motion concerning the application. 9. The Council members discuss the motion and the case. 10. The possible courses of action by the City council are: a. Approve the application. b. Approve the application with modifications. c. Deny the application. d. Defer, postpone or table the application. 11. If the application is deferred and a public hearing has been held and closed, it remains closed. No further comments should be received from the applicant or others during consideration ofthis agenda item unless specifically requested by the Council. 12. If a motion to approve a zoning application is defeated, the Council shall make a motion to deny the application for completeness of the record. NEXT DOCUMENT IS AGENDA TEMPLATE NEXT DOCUMENT IS THE STAFF REPORT TEMPLATE City of Fairfax, Virginia City Council Meeting Agenda Mayor Robert F. Lederer City Council Joan W. Cross Daniel F. Drummond Jeffrey C. Greenfield David L. Meyer Gary 1. Rasmussen Steven C. Stombres REGULAR MEETING/WORK SESSION COUNCIL CHAMBERS, CITY HALL Tuesday, <>, 2008 7:00 P.M. 1. Invocation. 2. Pledge of Allegiance. 3. Presentations and Proclamations. 4. Presentations by the public on any item related to the City Council Agenda of <>,2008 not calling for a public hearing. . 5. Adoption of the agenda. Action: 6. Consent agenda. Action: 7. Public hearings. Action: 8. Items not requiring a public hearing. Fairfax City Council Meeting Page 2 <>,2008 Action: 9. Presentations by the public on any item not on the agenda. 10. Approval of minutes. Action: 11. Recess regular meeting to go into work session. 12. Work session. 13. Reconvene regular meeting. 14. Closed meeting to discuss appointments to Boards and Commissions and to discuss acquisition of certain real property for public purposes and to consult with legal counsel for legal advice. 15. Actions out of the closed meeting/Appointments to Boards and Commission. Action: 16. Comments by City Council. 17. Adjournment. rlFor assistance contact 703:385-7855 (voice'TDD) Large Pnnt RecorJeJ City of Fairfax, Virginia City Council Regular Meeting Agenda Item # City Council Meeting TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Robert Sisson, City Manager ISSUE(S): SUMMARY: FISCAL IMPACT: RECOMMENDATION: ALTERNATIVE COURSE OF ACTION: RESPONSffiLE STAFF/ POC: COORDINATION A IT ACHMENTS: