HomeMy WebLinkAboutORDINANCE NO. 08-09-23STATE OF GEORGIA
%a" COUNTY OF FULTON
ORDINANCE NO. 08-09-23
A ORDINANCE ADOPTING AND AMENDING RULES AND PROCEDURES FOR THE
CITY COUNCIL MEETINGS AND PUBLIC HEARINGS FOR THE
CITY OF MILTON, GEORGIA; AND FOR OTHER PURPOSES
The Council of the City of Milton hereby ordains while in regular session on the 15th day of
September, 2008 at 6:00 p.m.:
SECTION 1. That the Rules of Procedures for the City Council Meetings and Public
Hearings adopted on November 21, 2006, amended on January 18, 2007, June 21, 2007,
and January 10, 2008, are hereby amended and attached hereto as if fully set forth herein;
and,
SECTION 2. All other ordinances in conflict are repealed; and
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this 15th day of September, 2008.
Attest:
Jea tte R. Marchiafava, City Clerk
Approved:
t
Joe LockwoA, ayor
City of Milton
A_ 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004
OMM
or."
RULES AND PROCEDURES FOR THE
CITY COUNCIL MEETINGS AND
PUBLIC HEARINGS
Section 1. Open Meetings. All meetings of the Mayor and City Council shall be held in
accordance with the provisions of Title 50, Chapter 14 of the Official Code of Georgia
Annotated. The public shall at all times be afforded access to all meetings other than executive
sessions.
Section 2. Executive Sessions. Executive sessions of the council may be held for the purpose
of discussing topics exempted from public access requirements by Title 50, Chapter 14 of the
Official Code of Georgia Annotated. Any portion of the meeting not subject to any such
exemptions shall be open to the public.
(a) Non -Exempt Topics. If a council member attempts to discuss a non-exempt topic
during an executive session, the mayor, city manager, or city clerk shall immediately rule
pow that council member out of order and such discussion shall cease. If the council member
persists in discussing the non-exempt topic, the mayor shall adjourn the meeting
;err immediately.
(b) Procedure For Entering Into Executive Sessions. No executive session shall be
held except pursuant to a majority affirmative vote of the city council taken in a public
meeting. The minutes of the public meeting shall reflect the names of the council
members present, those voting for the executive session, and the specific reasons for the
executive session. All votes taken on items discussed in executive session shall be taken
in an open meeting.
(c) Executive Session Minutes.
(1) Executive Sessions Discussing Real Estate Acquisition. Minutes of an
executive session in which the acquisition of real estate is discussed shall be taken
in the same manner as minutes of an open meeting (Section 21 of this document)
and available for public inspection except that any portion of the minutes
identifying the real estate shall be redacted until such time as the action for
acquisition of the real estate is taken, or decision is reached that the proposed
acquisition is to be terminated, abandoned or until court actions are to be initiated
through the use of condemnation proceedings.
(2) Other Executive Sessions. Minutes of executive sessions devoted to any topic
other than land acquisition may be maintained by the clerk at the direction of the
mayor. Any such minutes shall be maintained in a confidential file and shall not be
Amended on January 18, 2007
Second Amendment on June 21, 2007
Third Amendment on January 10, 2008
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City of Milton
13000 Deerfield Parkway, Suite 107, Milton Georgia 30004
GOM-•
Now subject to disclosure, except that disclosure of such portions of minutes identifying
real estate to be acquired by the city council may only be delayed until such time as
the acquisition of the real estate has been completed, terminated, or abandoned or
court proceedings have been initiated.
(d) Mayor or Presiding Officer Affidavit. The mayor or other presiding officer shall
execute an affidavit stating, under oath, that the executive session was devoted to topics
exempt from the public access requirements. The affidavit shall include the specific
exemption to the open meetings law. The affidavit shall be notarized and filed with the
minutes of the open meeting.
[Cross Reference: O. C. G.A. §§ 50-14-2, 5-14-3 and 50-14-4]
Section 3. Visual and Sound Recordings. Visual, sound, and visual and sound recordings
shall be permitted for all public hearings.
[Cross-reference: O. C. G.A. § 50-14-1(c)]
Section 4. Quorum. A quorum must be physically present at the site where the meeting is to be
held for conducting meetings of the city council. A quorum is four (4) members of the city
council, including the Mayor. It is the duty of the mayor or presiding officer to enforce this rule.
Any council member may raise a point of order directed to the mayor or presiding officer if he or
she believes that a quorum is not present. If, during the course of a meeting, a council member
or council members leave and a quorum no longer exist, the meeting may not continue. If a
quorum is not attained within thirty minutes, the meeting may be rescheduled by the mayor or
presiding officer with the approval of the council members physically present at the site of the
meeting.
Section 5. Mayor. The presiding officer of the city council shall be the mayor. As presiding
officer, he or she is responsible for the orderly conduct of the meeting. In order to fulfill this
duty, the mayor shall enforce the rules of procedure that are adopted by the city council. The
mayor shall be impartial and conduct the meetings in a fair manner. The mayor may introduce
motions and second motions, including a motion or second to go into executive session as
authorized by Section 2 of this ordinance. The mayor shall be a voting member of the elected
body.
Section 6. Mayor Pro -Tempore. The council shall select a mayor pro -tempore consistent with
the process outlined in the City of Milton Charter, sections 3.29 and 3.30.
Section 7. Presiding Officer. If the mayor and the mayor pro -tem are absent or otherwise
unable to serve as presiding officer at a meeting and a quorum of council members are present,
the remaining council members shall select a council member to serve as presiding officer of the
meeting until either the mayor or mayor pro -tem is present at the meeting.
Section 8. Parliamentarian. The city attorney shall serve as the parliamentarian for city
council meetings.
Amended on January 18, 2007
Second Amendment on June 21, 2007
Third Amendment on January 10, 2008
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City of Milton
13000 Deerfield Parkway, Suite 107, Milton Georgia 30004
Section 9. Amendments to the Rules. Any amendments to the rules of order shall be
submitted by a council member in writing to the city manager three business days before a
regular meeting of the city council. The proposed amendment shall be included in the agenda for
that meeting and distributed to all council members. All amendments require a majority vote of
the Council physically present in order to be adopted.
Section 10. Suspending the Rules of Order. Rules of order may be suspended in the case of
an emergency. A motion to suspend the rules requires a second, is debatable, and requires
unanimous approval of the council. Rules governing quorums (Section 4), voting methods and
requirements (Section 17 and Section 18), the notification to council members of meetings
(Section 12(a) and (b)) and rules necessary for compliance with state law may not be suspended;
provided, however, that, in the event that a state of emergency is declared by the Governor or
other authorized state official, the city council may waive time-consuming procedures and
formalities imposed by state law.
[Cross-reference: O. C. G.A. § 38-3-54]
Section 11. Regular Meetings. Regular meetings of the city council shall be held at 6:00 p.m.
on the first and third Monday of each month. All regular meetings shall be held at City Hall in
the Mayor and Council meeting room unless provisions of Section 12(a) are applied. A notice
containing the foregoing information shall be posted and maintained in a conspicuous place
i`..r available to the general public at the regular meeting place of the city council.
[Cross-reference: O.C.G. A. § 50-14-1 (d)]
Section 12. Meetings Other Than Regular Meetings. The city council may meet at times and
locations other than those regularly scheduled meetings.
(a) Special Meetings and Rescheduled Regular Meetings. A regular meeting may be
canceled, rescheduled, recessed or moved to a new location within the city site by the
mayor and city council for any reason. Other special meetings may be scheduled by the
mayor or at the request of at least four (4) council members. Whenever a rescheduled
regular meeting or any other special meeting is to be held at a time or place other than the
regularly scheduled time or place, written notice of the change shall be posted for at least
24 hours at the regular meeting place. In addition, written or oral notice shall be given by
the clerk at least 24 hours in advance of the meeting to the legal organ of the city, as well
as to each member of the city governing authority.
[Cross-reference: O. C. G.A. § 50-14-1 (d)]
(b) Meetings With Less Than 24 Hours Notice. When emergency circumstances occur,
the city council may hold a meeting with less than 24 hours notice to the public. When
such meetings are to be held, the clerk shall provide notice to the legal organ of the city
and to each member of the city governing authority as soon as possible. The notice shall
include the subjects expected to be considered at the meeting. In addition, the minutes
Amended on January 18, 2007
Second Amendment on June 21, 2007
Third Amendment on January 10, 2008
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City of Milton
13000 Deerfield Parkway, Suite 107, Milton Georgia 30004
shall reflect the reason for the emergency meeting and the nature of the notice given to
the media.
[Cross-reference: O. C. G. A. § 50-14-1-(d)]
(c) Meetings During a State of Emergency. When it is imprudent, inexpedient or
impossible to hold city council meetings at the regular meeting place due to emergency or
disaster resulting from manmade or natural causes, as declared by the Governor or other
authorized state official, the city council may meet anywhere within or outside of the city.
Such a meeting may be called by the mayor or by any three (3) council members. At the
meeting, the council members shall establish and designate emergency temporary
meeting locations where public business may be transacted during the emergency. Any
action taken in such meetings shall have the same effect as if performed at the regular
meeting site.
[Cross reference: O. C. G.A. §§ 50-14-1(d), 38-3-54, 38-3-55]
(d) Work Sessions. Meetings to discuss City business where no formal votes are taken
shall be scheduled in regular intervals to facilitate discussion on important topics. Work
Sessions shall be held at 6:00 p.m. on the second Monday of each month. All work
session meetings shall be held at City Hall in the Mayor and Council meeting room. A
wpm" notice containing the foregoing information shall be posted and maintained in a
conspicuous place available to the general public at the regular meeting place of the city
w..� council. Public input at work sessions will be allowed for ten (10) minutes per item, two
(2) minutes per person with the Mayor having flexibility to extend the time if needed.
Section 13. Order of Business. All regular city council meetings shall substantially follow an
established order of business. The order shall be as follows:
1.
Call to Order
2.
Roll Call
4.
Pledge of Allegiance
5.
Approval of Meeting Agenda
6.
Public Comment
7.
Consent Agenda
8.
Reports and Presentations
9.
Zoning Agenda
10.
First Presentation
11.
Unfinished Business
12.
New Business
13.
Mayor and Council Reports
14.
Staff Reports
15.
Adjournment
Section 14. Agenda. The city manager and city clerk shall prepare an agenda of subjects to be
acted on for each meeting. Work session topics and council agenda items shall be submitted
Amended on January 18, 2007
Second Amendment on June 21, 2007
Third Amendment on January 10, 2008
Page 4 of 7
City of Milton
13000 Deerfield Parkway, Suite 107, Milton Georgia 30004
MONO consistent with the process established by the City Manager and City Clerk. The agenda shall be
made available to the city council at least one business day before every city council meeting.
(a) Requests For Agenda Items. Members of the public may request that a particular
subject be placed on the agenda for a meeting. To be considered, this request shall be
submitted in writing to the city manager or city clerk.
(b) Changing The Agenda. Items for consideration by the City Council must be placed
on City Council meeting or work session agendas on or before 5:00 p.m. no less than
seven working days prior to the scheduled meeting or work session except in the case of
an emergency situation, which shall be defined as a sudden, unforeseen happening which
requires immediate action to correct or to protect lives and/or property.
(c) Agenda Must Be Made Public. The agenda of all matters to come before the city
council shall be made available to the public upon request and shall be posted at the
meeting site as far in advance as reasonably possible, but not more than two weeks prior
to the meeting. Not less than 24 hours prior to the start of the meeting.
[Cross-reference: O. C. G.A. §§ 50-14-1(e)(1) and 36-66-4J
woo Section 15. Consent Agenda. A consent agenda may be prepared by the city manager for the
city council to adopt motions on routine items. Any items of business that are expected to
kod receive unanimous approval without debate may be placed on a consent agenda. At the
appropriate time of the meeting, all of the items on the consent agenda shall be read into public
record. If a council member objects to an item being on the consent agenda, the council member
shall direct the move of that particular item to the regular agenda through a motion, second, and
majority vote. Following the reading of the consent agenda, the mayor may ask for approval of
the items on the consent agenda. If there are no objections, all the items on the consent agenda
shall be approved by a majority vote of the city council.
Section 16. Decorum. All council members shall conduct themselves in a professional and
respectful manner. Personal remarks are inappropriate and may be ruled out of order. A council
member may not speak at a meeting until he or she has been recognized by the mayor. All
comments made by a council member shall succinctly address the motion that is being discussed.
The mayor shall enforce these rules of decorum. If a council member believes that a rule has
been broken, he or she may raise a point of order. A second is not required. The mayor may
shall rule on the question or may allow the city council to debate the issue and decide by
majority vote.
Section 17. Voting. Passage of a motion shall require the affirmative vote of a majority of those
voting at which a quorum is physically present at the site where the meeting is to be held. Unless
otherwise specified in the charter as it pertains to voting by the Mayor, a majority shall mean at
least four of the council members physically present (including mayor) at the site of the meeting.
Amended on January 18, 2007
Second Amendment on June 21, 2007
Third Amendment on January 10, 2008
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City of Milton
13000 Deerfield Parkway, Suite 107, Milton Georgia 30004
�... Section 18. Abstentions. A council member shall vote on all motions unless he or she has a
conflict of interest preventing him or her from making a decision in a fair and legal manner. If a
conflict of interest does exist, the council member shall explain for the record his or her decision
to abstain on any vote.
Section 19. Public Participation. Public participation in meetings of the city council shall be
permitted in accordance with the provisions of this section.
(a) Public Comments. All members of the public wishing to address the city council
shall submit their name and the topic of their comments to the city clerk prior to the start
of any meeting held by the city council; provided, however, that if the applicants of
rezoning actions or individual who wish to oppose a rezoning action has contributed
more than $250 to the campaign of a council member who will consider the application,
the individual shall file a campaign disclosure form as required by O.C.G.A. § 36 -67A -
3(c) at least five calendar days prior to the first hearing by the city council. Individuals
may be allotted five minutes to make their comments and those comments shall be
limited to their chosen topic. These limits may be waived by a majority vote of the city
council.
[Cross-reference: O. C. G.A. § 36-67A-3]
(b) Public Participation on Agenda Items. The city council may allow public comment
on an agenda item at the time the item is being considered by the city council. These
comments shall be limited to the subject that is being debated. Members of the public
may speak for five minutes and may speak only once. These limits may be waived by a
majority vote of the city council. Anyone wishing to speak at any city council meeting
must be recognized by the mayor before addressing the city council.
(c) Decorum. Members of the public shall not make inappropriate or offensive
comments at a city council meeting and are expected to comply with the rules of decorum
that are established for council members. Individuals violating any rules of the city
council shall be ruled out of order by the mayor or by a point of order made by a council
member. A majority vote of the city council shall rule on the point of order. An
individual violating the rules of decorum may be removed from the meeting at the
direction of the mayor.
(d) Public Hearings. The city council may schedule public hearings for the purpose of
soliciting public comment on any subject of interest to the city council. Hearings may be
held immediately prior to, during or following a meeting of the city council or at such
other places and times as the city council may determine. These limits may be waived by
a majority vote of the City Council. No official action shall be taken at any such public
hearing. Hearings on zoning decisions shall be governed in accordance with the zoning
policies and procedures and require the opportunity for each side to have at least 10
minutes to discuss their position or offer comments.
[Cross-reference: O. C. G.A. §§ 36-66-4 and 36-66-5]
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Second Amendment on June 21, 2007
Third Amendment on January 10, 2008
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City of Milton
13000 Deerfield Parkway, Suite 107, Milton Georgia 30004
(e) Representation of Civic Associations, Advocacy Groups or Homeowners'
Associations. The city council may allow public comment on either an agenda item or
general public comment from a representative of such an organized group or association;
provided, however, that such an individual shall file a notarized affidavit that they have
the authority to speak on behalf of said organization on a form provided by the City Clerk
prior to the agenda item being called.
Section 20. Meeting Summary. A summary of the subjects acted upon in a meeting and the
names of the council members present at a meeting shall be written and made available to the
public for inspection within two business days of the adjournment of the meeting.
[Cross-reference: O. C. G.A. § 50-14-1(e) (2)J
Section 21. Minutes. The clerk of the city council shall promptly record the minutes for each
city council meeting. The minutes shall specify the names of council members present at the
meeting, a description of each motion or other proposal made at the meeting, the name of the
council member who proposed each motion, the name of the council member who seconded
each motion, and a record of all votes (the name of each council member voting for or against a
proposal shall be recorded). Minutes will be in summary form. Minutes for zoning agenda
items will be verbatim. More detailed information may be included in the minutes at the request
of the majority of the members of the city council.
The city council shall approve the minutes before they may be considered as an official record of
the city council. The minutes shall be open for public inspection once approved as official by
the city council. Regular meeting minutes will be provided at the next regularly scheduled
meeting. Work Session minutes will be provided at the next regularly scheduled Work Session.
A copy of the minutes from the previous meeting shall be distributed to the city council at least
one business day before the following meeting. The minutes of the previous meeting shall be
corrected, if necessary, and approved by the city council at the beginning of each meeting. A
majority vote is required for approval. Conflicts regarding the content of the minutes shall be
decided by a majority vote. Upon being approved, the minutes shall be signed by the mayor and
attested to by the clerk of the city council.
[Cross-reference: O. C. G.A. § 50-14-1(e) (2)J
Section 22. Roberts Rules of Order. This document shall serve as the rules and procedures of
the Mayor and City Council. In the absence of applicable rules and procedures which may from
time to time be encountered during the public meetings, Roberts Rules of Order shall be
followed.
Section 23. Duration of Council Meetings. City Council Meetings shall not extend beyond
12:00 midnight, and in the event that business is not concluded prior to that time, the remaining
agenda, unless otherwise extended by a majority vote of the council, or unless an emergency
exists, shall be deferred to "unfinished business" on the next scheduled meeting agenda.
Iri�r
Amended on January 18, 2007
Second Amendment on June 21, 2007
Third Amendment on January 10, 2008
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