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HomeMy WebLinkAboutORDINANCE NO 12 11 153l STATE OF GEORGIA ORDINANCE NO. 12-11-153 COUNTY OF FULTON AN ORDINANCE AMENDING ORDINANCE NO. 09-09-49 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 ] 9th day of November 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, January 10, 2008, September 15, 2008 and September 9, 2009 are hereby amended and attached hereto as if fully set forth herein; and, SECTION 2. All other ordinances in conflict are repealed; and l SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this 19th day ofNovember 2012. Approved: Attest: s~~erk l l l l CITY OF MILTON, GEORGIA 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 ofO.C.G.A. 50-14-1, et. seq. otherwise known as the Open Meetings Act (the "Act"). The public shall at all times be afforded access to all meetings other than executive sessions as defined at O.C.G.A. 50-14-1(a)(2) and those assemblies exempt from the Act per O.C.G.A. 50-14-3(a). Section 2. Executive Sessions. Executive sessions of the council may be held for all purposes set forth in O.C.G.A. 50-14­ 3(b)(1), (2), and (4). Any portion of a meeting or assembly subject to the Act that does not fall within the purview ofO.C.G.A. 50-14-3(b)(I), (2) and (4) shall be open to the public. (a) Non-Exempt Topics. If an agency member initiates a discussion during executive session that falls outside the scope of those topics that may be discussed pursuant to O.e.G.A. 50-14-3(b)(1), (2) and (4) the mayor must immediately rule the discussion out of order. If the impermissible discussion continues, the chairman must adjourn the meeting. (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. (c) Executive Session Minutes. Executive session minutes shall be kept in accord with O.C.G.A. 50-14-1(e)(2)(C). Executive session minutes shall not be open to the pUblic. (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, and sound recordings shall be permitted for all public hearings. [Cross-reference: o.C.G.A. § 50-14-1 (c)] PAGE 20F 8 l l l Section 4. Quorum. A quorum must be present 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 exists, 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 ofthe council members present. Section 4.5. Telephonic Participation. The city council is authorized to conduct meetings by teleconference so long as the notice required by the Act is provided and means are afforded for the public to have simultaneous access to the teleconference meeting. On any other occasion of the meeting of council, and so long as a quorum is present in person, a council member may participate by teleconference if necessary due to reasons of health or absence from City limits so long as the other requirements of the Act are met. Absent emergency conditions or the written opinion of a physician or other health professional that reasons of health prevent a council member's physical presence, no member shall participate by teleconference more than twice in one calendar year. [Cross reference a.e.G.A. 50-14-1(g)] 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. The mayor shall be a voting member ofthe elected body. Section 6. Mayor Pro-Tempore. The council shall select a mayor pro-tempore from the council members at the first meeting of the calendar year following each election, provided no runoff election is required. In the event a runoff election is required, a mayor pro-tempore shall be selected at the first meeting after a full mayor and city council are seated. The mayor pro-tern shall fulfill the duties of the mayor if the mayor is not in attendance. During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore of the city council, or in such person's absence or disability for any reason, anyone ofthe councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the official duties of the office of the mayor so long as such absence or disability shall continue, except that the mayor pro tempore shall not have the mayor's veto power except in the case of physical or mental disability of the mayor. A councilmember acting as mayor shall have only one vote. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tempore or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest. Section 7. Presiding Officer. If the mayor and the mayor pro-tern 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 ofthe meeting until either the mayor or mayor pro-tern is present at the meeting. PAGE30F8 L L l Section 8. Parliamentarian. The city attorney shall serve as the parliamentarian for city council meetings. Section 9. Amendments to the Rules. Any proposed amendments to the rules of order shall be submitted 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 to be adopted. Section 10. Suspending the Rules of Order. Rules of order may be suspended in the case ofan 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. A 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 council. Notice of regular meetings must be so posted at least one week in advance and will also be posted on the city website. [Cross-reference: o.c.G. A. § 50-14-1 (d)(l)} 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 three (3) 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 meeting shall be posted for at least 24 hours at the regular meeting place as well as the physical location where the meeting is to be held, if such location is different than 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. Specially called meetings and emergency meetings with less than 24 hours' notice are authorized and may be called in accord with O.C.G.A. 50-14-1(d)(3). [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 PAGE 40F 8 l l possible. The notice shall include the subjects expected to be considered at the meeting. In addition, the minutes shall reflect the reason for the emergency meeting and the nature ofthe 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 substantive 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 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 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. The Council shall be authorized to conduct an executive session during a work session. 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 3. Pledge of Allegiance 4. Approval of Meeting Agenda 5. Public Comment 6. Consent Agenda 7. Reports and Presentations 8. First Presentation 9. Public Hearing 10. Zoning Agenda 11. Unfinished Business 12. New Business 13. Mayor and Council Reports 14. Staff Reports 15. Executive Session (if needed) 16. Reconvene 17. Adjournment PAGE 50F 8 l l l 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 consistent with the attached process. 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. The order of the agenda may be changed during a meeting by a majority vote of the city council. A new item may be added to the agenda by a majority vote of the city council only if it becomes necessary to address the item during the meeting. An existing item may be removed from the agenda by the majority vote of the city council. 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 three 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 shall not be required to be available 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)(lJ] 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 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 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 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 present. Unless otherwise specified in the charter as it PAGE 60F 8 l L l l pertains to voting by the Mayor, a majority shall mean at least four of the council members present (including mayor). 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 ofrezoning 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-reforence: o.C.G.A. § 36-67A-3J (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 may be ruled out of order by the mayor or on 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. Hearings require at least 10 minutes per side. 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 ten (10) minutes to discuss their position or offer comments. [Cross-reforence: o.C.G.A. §§ 36-66-4 and 36-66-5J PAGE 1OF 8 l l l (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)(2J] 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 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 but in no case later than immediately following the next regular meeting of the city council. 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.CG.A. § 50-14-1 (e)(2J] 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. PAGE 8OF 8