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R-06-41 RESOLUTION NO. R-06-41 CITY COUNCIL RULES OF PROCEDURE WHEREAS, the City Council desires to provide rules and procedures for conducting City business; and WHEREAS, by this resolution, the Council is adopting the hereinafter attached rules of procedure; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fairfax, Virginia, hereby adopts the attached rules of procedure for conducting City business. Adopted this 25th day of July 2006. ~ Mayor ATTEST: 1J~ City Clerk The vote on the motion to approve was recorded as follows: VOTE: Councilwoman Cross Aye Councilman Greenfield Aye Councilwoman Lyon Aye Councilman Rasmussen Aye Councilman Silverthorne Aye Councilmember Winter 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 City 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 fewer than three (3) 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 general 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 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 (including these procedures). 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 C). A. Recess or Adiourn. "I move that we recess (or adjourn)." [This motion is not debatable unless it is qualified by the mover. 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. !fno 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 of the Council 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. The allowable time for making this motion, under these rules of procedure, differs slightly from Robert's Rules]. v. Mayor A. The Mayor shall preside over the meetings of the Council and shall have the same right to speak. The Mayor is the head of the City government for all ceremonial purposes, the purposes of military law, and the service of civil process. 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 shall not have the right to vote except in the case of a tie. This rule is subject to certain exceptions [i.e. closed meeting certification]. 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 of6]. 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, the Mayor may designate a member of Council to perform duties of Mayor and, if the Mayor fails to do so, then the Council shall, by a majority vote of those present, choose a member of Council to perform the duties of Mayor. 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 Unless otherwise specified by the Charter or general law as related to a specific action, a majority of the full Council (i.e. a majority of 6 members) of the 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. 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 (unless subsequently amended or repealed by further ordinance, duly adopted). A duly enacted ordinance has the force and effect of law. 1. In addition to other acts required by law or by provisions of the Charter to be done by ordinance, the following acts must be accomplished by ordinance: a. To adopt or amend the City Code or establish, alter or abolish any City Department, office or agency; b. To establish a law or regulation and fine or any penalty for the violation thereof; c. To levy taxes, except as otherwise provided with respect to the property tax levied by adoption of the budget; d. To grant, review or extend a franchise; e. To regulate the rate charged for services provided by a City public utility; f. To conveyor lease or authorize the conveyance or lease of any lands of the City; g. To 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 (i.e. motion adopted at a regular or special meeting of Council). 2. Unless otherwise provided by law, ordinances are adopted by a majority vote of the members of Council present (assuming a quorum exists). Examples of ordinances which must be adopted by greater than a majority vote of the members of Council present are: (i) ordinances authorizing the issuance of bonds [requires 2/3 vote of the entire Council, i.e. 4 of 6 votes]; (ii) selling rights in City property dedicated to public use [requires 3/4 vote of the entire Council, i.e., 5 of 6 votes]. 3. The procedure for adoption of ordinances (other than emergency and zoning ordinances, covered later) 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 (assuming a quorum exists) [i.e., 40f6, 3 of 5 or 3 of 4]. A proposed ordinance may also be introduced during a special meeting when either (i) the subject has been included in the special meeting notice or (ii) 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]. A copy of the proposed ordinance shall be delivered to each member of Council and shall be made available to the public prior to its introduction. 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 of 6, 3 of 5 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 made 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 ordinance as amended must be re-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. 4. The procedure for adoption of emergency ordinances (other than zoning ordinances/text amendments, which may not be done by emergency ordinance) 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 automatically stands repealed, without further action by Council, as of the ninety-first (91 st) day following the day upon it was adopted. It may also be repealed by adoption of an ordinance repealing the emergency ordinance [The procedure for adopting the repealing ordinance is the same procedure for the adoption of ordinances]. f. The ordinance may be reenacted by the procedure for adoption of non-emergency ordinances. 5. The procedure for adoption of zoning ordinances is generally as follows, subject to any other requirements of applicable law: a. Zoning map amendments may be initiated by the applicant or the Council. Other zoning amendments (i.e. zoning text 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 be either approved, approved with modifications, or denied. The Planning Commission may take no action on the ordinance other than making its recommendation. 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. 6. Appropriations Ordinances or Resolutions a. Adoption of ordinances or resolutions appropriating money in an amount greater than $500.00, imposing taxes or authorizing the borrowing of money requires a majority vote of all members of the Council. [i.e. 4 of 6]. The Mayor may vote to break a tie on appropriations ordinances and resolutions (subject to certain limitations). 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. 7. Each ordinances (and resolutions having the effect of ordinances), before they become operative, shall be transmitted to the Mayor for his signature. a. The Mayor shall have five (5) days (Sundays excepted) to sign such ordinance (or resolution having the effect of an ordinance) or to veto it in writing. b. If the Mayor fails to sign or veto such ordinance or resolution having the effect of an ordinance within five days, (Sundays excepted), then it becomes operative as if the Mayor had signed it on the fifth day (unless the term ofthe Mayor or that of the Council expires within the five day period). c. If the Mayor vetoes an ordinance or resolution having the effect of an ordinance, in writing, the written veto shall be returned to the City Clerk and the City Council shall reconsider the ordinance or resolution having the effect of an ordinance it at the next regular meeting (no formal reconsideration motion is required - the ordinance or resolution having the effect of an ordinance is simply placed on the agenda with a notation that it is being reconsidered due to a lawfully exercised written veto by the Mayor). d. An ordinance or resolution having the effect of an ordinance may be approved over the Mayor's veto by a 2/3 vote of all Council members. [i.e., 4 of 6], and if so approved, it becomes immediately operative. B. Resolutions 1. A resolution is a less formal action than an ordinance. It encompasses all actions of the Council other than those requiring action by adoption of an ordinance. A resolution is adopted, for instance, 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 of the City government, typically reads proclamations. Requests for proclamations must be forwarded to the Mayor. D. Method and Recordation of Voting 1. The votes of the 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 ifthere 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 (assuming that the particular action does not require a certain number of affirmative votes). 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 ofthe 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 approved or rejected. 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 ofthe 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. NEXT DOCUMENT IS AGENDA TEMPLATE NEXT DOCUMENT IS THE STAFF REPORT TEMPLATE 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 of this agenda item unless specifically requested by the Council.