HomeMy WebLinkAboutItem 7 - AAB Rules of Procedure - Amended 02-12-2020CITY OF PALM SPRINGS
ADMINISTRATIVE APPEALS BOARD
“AAB” or “Board”
RULES OF PROCEDURE
Adopted by Resolution No. _______
TABLE OF CONTENTS
PURPOSE, EFFECT, AND AUTHORITY ........................................................................ 4
1. MEETINGS ............................................................................................................... 5
1.1 Regular Meetings ............................................................................................... 5
1.2 Adjourned Meetings ........................................................................................... 5
1.3 Notice of Meetings ............................................................................................. 5
1.4 Quorum .............................................................................................................. 5
1.4.1 Legally Required Participation ........................................................................ 5
1.5 Meetings to be Public ......................................................................................... 5
1.6 Closed Session Procedures ............................................................................... 6
2. ORDER OF BUSINESS ............................................................................................ 7
2.1 Agenda ............................................................................................................... 7
2.1.1 Agenda Description ......................................................................................... 7
2.1.2 No Action on Matters Not On Agenda: Exceptions ......................................... 7
2.2 Delivery of Agenda ............................................................................................. 7
2.3 Roll Call .............................................................................................................. 8
2.4 Approval of Minutes ........................................................................................... 8
2.5 Appeal Hearings ................................................................................................. 8
2.6 Public Comments ............................................................................................... 9
2.7 Presentation by Members of the Board .............................................................. 9
3. PRESIDING OFFICER ............................................................................................ 10
3.1 Presiding Officer ............................................................................................... 10
3.2 Call to Order ..................................................................................................... 10
3.3 Participation of Presiding Officer ...................................................................... 10
3.4 Questions to be Stated ..................................................................................... 10
Administrative Appeals Board Rules of Procedure
-- 2 --
3.5 Signing of Documents ...................................................................................... 10
3.6 Maintenance of Order ...................................................................................... 11
4 RULES, DECORUM, AND ORDER ........................................................................ 12
4.1 Points of Order ................................................................................................. 12
4.2 Decorum and Order – Board Members ............................................................ 12
4.3 Decorum and Order - Employees ..................................................................... 12
4.4 Decorum and Order - Public............................................................................. 13
4.5 Personal Privilege ............................................................................................ 13
4.6 Conflict of Interest ............................................................................................ 13
4.7 Limitation of Debate ......................................................................................... 13
4.8 Dissents and Protests ...................................................................................... 14
4.9 Rulings of Chair Final Unless Overruled .......................................................... 14
5 ADDRESSING THE BOARD ................................................................................... 15
5.1 Manner of Addressing the Board ...................................................................... 15
5.2 Time Limitation ................................................................................................. 15
5.3 Addressing the Board After Motion is Made ..................................................... 15
5.4 Limitations Regarding Public Comments and Reports ..................................... 15
5.5 Written Correspondence .................................................................................. 16
5.6 Persons Authorized to be Within Platform ........................................................ 16
6 MOTIONS ............................................................................................................... 17
6.1 Processing of Motions ...................................................................................... 17
6.2 Motions Out of Order ........................................................................................ 17
6.3 Division of Question ......................................................................................... 17
6.4 Precedence of Motions .................................................................................... 17
6.5 Motion to Adjourn ............................................................................................. 17
6.6 Motion to Fix Hour of Adjournment ................................................................... 17
6.7 Motion to Table ................................................................................................ 18
6.8 Motion to Terminate Discussion or Call the Question ...................................... 18
6.9 Motion to Amend .............................................................................................. 18
6.10 Motion to Continue ........................................................................................... 18
7 VOTING PROCEDURE ........................................................................................... 19
7.1 Voting Procedure ............................................................................................. 19
7.2 Vote Required .................................................................................................. 19
Administrative Appeals Board Rules of Procedure
-- 3 --
7.3 Roll Call Voting ................................................................................................. 19
7.4 Failure to Vote .................................................................................................. 19
7.5 Reconsideration ............................................................................................... 19
7.6 Motion to Rescind ............................................................................................ 20
7.7 Tie Votes .......................................................................................................... 20
8 RESOLUTIONS....................................................................................................... 21
8.1 Definitions ........................................................................................................ 21
8.2 Resolutions Prepared in Advance .................................................................... 21
8.3 Resolutions Not Prepared in Advance ............................................................. 21
Administrative Appeals Board Rules of Procedure
-- 4 --
PURPOSE, EFFECT, AND AUTHORITY
In the absence of a rule herein to govern a point or procedure or the making of a motion,
Robert's Rules of Order, Newly Revised, shall be used as a guide. The purpose and intent
of the AAB in adopting the within rules shall be to provide directory guidelines relating to
the conduct of the public business by or on behalf of the AAB, and in the event of any
noncompliance with or violation of any provision herein, such will not be deemed to affect
the validity of any action taken, unless otherwise specifically provided by law. These rules
are intended to be consistent with State law, however, in the event of any inconsistency
with State law, State law shall prevail. In the event of any inconsistency between these
rules and Robert's Rules of Order, these rules shall control. The scope and effect of these
rules shall be determined by the Presiding Officer.
Administrative Appeals Board Rules of Procedure
-- 5 --
1. MEETINGS
1.1 Regular Meetings
The AAB of the City of Palm Springs shall hold regular meetings on the second
Wednesday of each month at 5:30 p.m at City Hall, 3200 East Tahquitz Canyon
Way, Palm Springs, California or at another location within a reasonable
proximity to the City Hall.
1.2 Adjourned Meetings
Any meeting may be adjourned to a time, place, and date certain, but not beyond
the next regular meeting. Once adjourned, the meeting may not be reconvened.
1.3 Notice of Meetings
The Agenda for all meetings shall be available to the general public and the City
Clerk shall cause a copy thereof to be posted at least 72 hours before a meeting
on the exterior bulletin board on the west wall of the City Council Chamber. No
other notice of regular meetings is required. Mailed or personally delivered notice
to each member of the Board and to each local newspaper of general circulation,
radio, or television station requesting notice in writing, is required of all meetings.
1.4 Quorum
Three members of the board, including alternate board members, shall constitute
a quorum. Any ruling, decision, or other action of the board must be by vote of a
full quorum of the board, including alternate board members.
1.4.1 Legally Required Participation
If a majority of the AAB shall be disqualified to vote on a matter by reason
of actual or apparent conflict of interest, the Board shall select by lot or other
means of random selection, or by such other impartial and equitable means
as the Board shall determine, that number of its disqualified members
which, when added to the Board Members eligible to vote, shall constitute
a quorum. (Gov. Code § 87101)
1.5 Meetings to be Public
All meetings of the AAB shall be open to the public (Gov. Code § 54953), provided,
however, the Board may hold closed sessions from which the public may be
excluded for the consideration of those subjects specified in the Brown Act.
Administrative Appeals Board Rules of Procedure
-- 6 --
1.6 Closed Session Procedures
Prior to or after holding any closed session, the Board must state in open session
the general reason or reasons for holding the closed session, and may cite the
statutory authority or other legal authority under which the session is being held.
In the closed session, the Board may consider only those matters covered in its
statement. In the case of adjourned, and continued meetings, the statement shall
be made as part of the notice provided for the meeting. (Gov. Code § 54957.7)
In the case of a closed session regarding the body must publicly report at that
same public meeting or the next public meeting the action it has taken and any
roll call vote thereon. (Gov. Code § 54957.1)
Administrative Appeals Board Rules of Procedure
-- 7 --
2. ORDER OF BUSINESS
2.1 Agenda
The Order of Business of each meeting shall be as contained in the Agenda
prepared by the City Clerk. The Agenda shall be a listing containing a brief
general description of each item of business to be transacted or discussed at the
meeting in the following order:
Call to Order
Pledge of Allegiance
Roll Call
Public Comment
Approval of the Agenda
Public Hearings
Other Business
Board Member Comments and Requests
City Clerk Comments
City Prosecutor’s Reports and Comments
Adjournment
Items may not be taken out of order, except with the majority consent of the
Board.
2.1.1 Agenda Description
The agenda must include a brief general description sufficient to inform the
public of the subject matter and nature of the proposed action for each item
of business to be transacted or discussed at the meeting. Limited discussion
of matters not listed on the agenda may be permitted under the Board
Member Comments and Requests section of the agenda but action may not
be taken on such matters.
2.1.2 No Action on Matters Not On Agenda: Exceptions
No action shall be taken on any item not appearing on the posted agenda.
2.2 Delivery of Agenda
Barring insurmountable difficulties, the Agenda shall ordinarily be delivered to
Board Members via email and a paper copy provided at the meeting.
The Agenda shall also be available to the general public and the City Clerk shall
cause a copy thereof to be posted at least 72 hours before the meeting on the
exterior bulletin board on the west wall of the City Council Chamber.
Administrative Appeals Board Rules of Procedure
-- 8 --
2.3 Roll Call
Before proceeding with the business of the Board, the City Clerk shall call the roll
of the Board Members and the names of those present shall be entered in the
minutes. The order of roll call shall be alphabetical with the Chair called last.
2.4 Approval of Minutes
Unless requested by a majority of the Board, minutes of the previous meeting
may be approved without public reading if the City Clerk has previously furnished
each Board Member with a copy thereof.
2.5 Appeal Hearings
Generally, appeal hearings shall be conducted in the following order:
Staff Report
Questions by the Board, Directed to Staff
Hearing Opened:
Appellant (10-minute time limit)
Public Testimony (3-minute time limit)
Appellant Rebuttal (2-minute time limit)
Respondent Rebuttal
Questions by the Board, Directed to Appellant
Board Discussion and Deliberations
Action by the Board
Questions or comments from the public shall be limited to the subject under
consideration. Board Member questions of the staff prior to the opening of the
appeal hearing and of the public prior to the close of the appeal hearing should
be factual and seek pertinent information; Board Member questions and
comments should not be argumentative and Board Members should not engage
in debates with staff or those members of the public testifying at an appeal
hearing. Board Members should not express their opinions on an item prior to
the close of the appeal hearing, as Board Members should not form or express
an opinion until after all testimony has been received.
Depending upon the extent of the agenda, and the number of persons desiring
to speak on an issue, the Chair may, at the beginning of the hearing, limit
testimony, but in no event less than 3 minutes per individual. Any person may
speak for a longer period of time, upon approval of the Board, when this is
deemed necessary in such cases as when a person is speaking as a
representative of a group, or has graphic or slide presentations requiring more
time. (Gov. Code § 54954.3)
Quasi-judicial hearings shall be conducted in accordance with the principles of
due process, and the City Attorney shall advise the Board in this regard.
Administrative Appeals Board Rules of Procedure
-- 9 --
2.6 Public Comments
During the Public Comments portion of the meeting any person may address the
Board. All public comments shall be on matters within the jurisdiction of the
Administrative Appeals Board. A limitation of 3 minutes shall be imposed upon
each person so desiring to address the Board during the Public Comments
designation on the agenda. (Gov. Code § 54954.3)
2.7 Presentation by Members of the Board
The Chair or any Board Member may bring before the Board any new business
under the Board Member Comments and Requests or Reports portion of the
Agenda. Limited discussion of such requests may be permitted as necessary to
find out what action staff is taking with respect to the matter, or to determine if
the matter should be placed on a future Board agenda for discussion and action,
if appropriate. No action may be taken on such matters until a subsequent
meeting, except upon compliance with the provisions of Section 2.1.1.
Administrative Appeals Board Rules of Procedure
-- 10 --
3. PRESIDING OFFICER
3.1 Presiding Officer
The Chair shall be the Presiding Officer at all meetings of the Board. In the
absence of the Chair, the Vice Chair shall preside. In the absence of both the
Chair and Vice Chair, the Board shall elect a temporary presiding officer to serve
until the arrival of the Chair or Vice Chair or until adjournment.
The Chair and Vice Chair shall be selected in accordance with Palm Springs
Municipal Code Section 2.06.020.
3.2 Call to Order
The meeting of the Board shall be called to order by the Chair or in his absence
by the Vice Chair. In the absence of both the Chair and the Vice Chair, the
meeting shall be called to order by the City Clerk, whereupon the City Clerk shall
immediately call for the selection of a temporary Presiding Officer.
3.3 Participation of Presiding Officer
The Presiding Officer may move, second, and debate from the Chair, subject
only to such limitations of debate as are imposed on all Board Members, and
he/she shall not be deprived of any of the rights and privileges of a Board
Member by reason of his acting as Presiding Officer.
3.4 Questions to be Stated
The Presiding Officer shall verbally restate each question immediately prior to
calling for the vote. Following the vote, the Presiding Officer shall verbally
announce whether the question carried, or was defeated. The Presiding Officer
shall also publicly state the effect of the vote for the benefit of the audience before
proceeding to the next item of business.
3.5 Signing of Documents
The Chair, or Vice Chair in the absence of the Chair, shall have authority to sign
all resolutions and other documents on behalf of the Board, but such authority
may be delegated to the City Manager as provided in Section 2.08.020 of the
Municipal Code, and Resolution 20271, as they may be amended from time to
time.
The City Clerk, or the Chief Deputy City Clerk in the absence of the City Clerk,
shall attest to the signature of the Chair or Vice Chair.
Administrative Appeals Board Rules of Procedure
-- 11 --
3.6 Maintenance of Order
The Chair or Presiding Officer is responsible for the maintenance of order and
decorum at all times. No person is allowed to speak who has not first been
recognized by the Chair. All questions and remarks shall be addressed to the
Chair.
Administrative Appeals Board Rules of Procedure
-- 12 --
4 RULES, DECORUM, AND ORDER
4.1 Points of Order
The Presiding Officer shall determine all Points of Order subject to the right of
any Board Member to appeal to the Board. If any appeal is taken, the question
shall be, "Shall the decision of the Presiding Officer be sustained?" in which event
a majority vote shall govern and conclusively determine such question of order.
4.2 Decorum and Order – Board Members
a) Any Board Member desiring to speak shall address the Chair and upon
recognition by the Presiding Officer, shall confine himself to the question
under debate.
b) A Board Member desiring to question the Staff shall address his question to
the Staff Member.
c) A Board Member, once recognized, shall not be interrupted while speaking
unless called to order by the Presiding Officer; unless a Point of Order is
raised by another Board Member; or unless the speaker chooses to yield to
questions from another Board Member.
d) Any Board Member called to order while he is speaking, shall cease speaking
immediately until the question of order is determined. If ruled to be in order,
he shall be permitted to proceed. If ruled to be not in order, he shall remain
silent or shall alter his remarks so as to comply with rules of the Board.
e) Board Members shall accord the utmost courtesy to each other, to City
Employees and to the public appearing before the Board and shall refrain at
all times from rude and derogatory remarks, reflections as to integrity, abusive
comments, and statements as to motives and personalities.
f) Any Board Member may move to require the Presiding Officer to enforce the
rules and the affirmative vote of a majority of the Board shall require him to
so act.
4.3 Decorum and Order - Employees
Members of the Administrative Staff and employees of the City shall observe the
same rules of procedure and decorum applicable to members of the Board. The
City Clerk shall insure that all City Employees observe such decorum. Any staff
member, including the City Clerk, desiring to address the Board or members of
the public shall first be recognized by the Chair. All remarks shall be addressed
to the Chair and not to any one individual Board Member or member of the public.
Administrative Appeals Board Rules of Procedure
-- 13 --
4.4 Decorum and Order - Public
Members of the public attending Board meetings shall observe the same rules of
order and decorum applicable to the Board. Any person wishing to address the
Board shall, before speaking, announce his/her actual name, address and city of
residence, but such address need not be disclosed publicly if to do so would
violate the privacy interests of the speaker. Any person while addressing the
Board making obscene, slanderous, impertinent, profane, or similarly offensive
and disruptive remarks, or who engages in loud, boisterous, or other disorderly
conduct, which disrupts, disturbs, or otherwise impedes the orderly conduct of
the public meeting; and any person, while attending the Board meeting, making
unauthorized remarks from the audience, or stamping their feet, whistling,
yelling, or making similar demonstrations which disrupts, disturbs, or otherwise
impedes the orderly conduct of the public meeting, shall, at the discretion of the
Presiding Officer, or a majority of the Board, be barred from further audience
before the Board during that meeting and/or be told to leave the meeting.
4.5 Personal Privilege
The right of a member to address the Board on a question of personal privilege
shall be limited to cases in which his integrity, character, or motives, are assailed,
questioned or impugned.
4.6 Conflict of Interest
All Board Members are subject to the provisions of California Law, such as
Chapter 7, Title 9, of the California Government Code, relative to conflicts of
interest, and to Conflict of Interest Codes adopted by resolution of the City
Council. Any Board Member prevented from voting because of a conflict of
interest, shall refrain from debate and voting. Such Board Member shall leave
the meeting or hearing room during debate and voting on the issue, but shall be
free to address the Board as a private citizen on the matter.
4.7 Limitation of Debate
As a matter of preferred protocol and courtesy to fellow members of the Board,
no Board Member normally should speak more than once upon any one subject
until every other Board Member choosing to speak thereon has spoken and no
Board Member should speak for an excessive length of time each time he has
the floor, without the approval of the Board.
Administrative Appeals Board Rules of Procedure
-- 14 --
4.8 Dissents and Protests
Any Board Member shall have the right to express dissent from or protest to any
action of the Board and have the reason entered in the minutes. If such dissent
or protest is desired to be entered in the minutes, this should be made clear by
language such as "I would like the minutes to show that I am opposed to this
action for the following reasons..."
4.9 Rulings of Chair Final Unless Overruled
In presiding over AAB meetings, the Chair, Vice Chair, or temporary Presiding
Officer shall decide all questions of interpretation of these rules, points of order
or other questions of procedure, requiring rulings. Any such decision or ruling
shall be final unless overridden or suspended by a majority vote of the Board
Members present and voting, and shall be binding and legally effective (even
though clearly erroneous) for purpose of the matter under consideration.
Administrative Appeals Board Rules of Procedure
-- 15 --
5 ADDRESSING THE BOARD
5.1 Manner of Addressing the Board
Speaker cards shall be available at the meeting, and persons desiring to address
the Board shall be requested to complete a card and give it to the City Clerk
PRIOR to the hearing of the item, or the beginning of the public comment period.
The City Clerk shall give all speaker cards to the presiding officer, who shall call
each person to the microphone. The person recognized by the presiding officer
shall proceed to the podium.
All remarks and questions shall be addressed to the Chair and not to any
individual Board Member, staff member or other person. During an appeal
hearing, all remarks shall be limited to the subject under consideration. No
person shall enter into any discussion without being recognized by the Presiding
Officer.
Persons who have not completed a speaker card shall identify themselves to the
City Clerk as wishing to speak PRIOR to hearing the Item or prior to the beginning
of the public comment period. Those persons shall be heard after the presiding
officer has called upon all speakers who submitted a speaker card. Such persons
shall state their name and address for the record.
5.2 Time Limitation
Unless further time has been granted by the Presiding Officer as provided in
Sections 2.5 or 5.4, any member of the public desiring to address the Board shall
limit his remarks as follows: (See 2.6) (Gov. Code § 54954.3)
a) Three (3) minutes during appeal hearings;
b) Three (3) minutes during the public comment period.
5.3 Addressing the Board After Motion is Made
After a motion has been made, or after an appeal hearing has been closed, no
person shall address the Board without first securing permission by a majority
vote of the Board.
5.4 Limitations Regarding Public Comments and Reports
The making of oral communications to the Board by any member of the public
during the "Public Comments" portions of the agenda shall be subject to the
following limitations:
a) At any time, before or after the oral communication is commenced, the
Presiding Officer may if he deems it preferable, direct that the communication
be made instead to the appropriate staff member during regular business
Administrative Appeals Board Rules of Procedure
-- 16 --
hours, or in writing for subsequent submittal to Board Members, pursuant to
Section 5.5.
b) Except in the case of appeal hearings (see Section 2.5) if it appears that
several speakers desire to speak regarding a single topic, the Presiding
Officer may reasonably limit the number speaking as to each side of an issue.
In this regard, preference may be given to speakers who represent groups of
persons who have designated a spokesperson.
c) No oral communication shall be allowed to include charges or complaints
against any employee of the City, regardless of whether such employee is
identified in the presentation by name or by any other reference which tends
to identify him/her. All charges or complaints against employees shall be
submitted to the City Manager for appropriate action, and may also be
submitted to members of the Board by written communication.
5.5 Written Correspondence
The City Manager and City Clerk are authorized to receive and open all mail
addressed to the Board as a whole and give it immediate attention to the end
that all administrative business referred to in said communications, and not
necessarily requiring Board action, may be disposed of between Board meetings.
A copy of such communication shall be sent to each Board Member marked
"Information Only."
Any communication relating to a matter pending, or to be brought, before the
Board, shall be included in the agenda packet for the meeting at which such item
is to be considered.
Copies of all other communications sent to the Board will be transmitted to them.
Any matter requiring Board action shall be placed on a meeting agenda for Board
action.
5.6 Persons Authorized to be Within Platform
No person except City officials shall be permitted within the platform area in front
of the Board table without the invitation or consent of the Presiding Officer.
Administrative Appeals Board Rules of Procedure
-- 17 --
6 MOTIONS
6.1 Processing of Motions
When a motion is made and seconded, it shall be stated by the Presiding Officer
before debate. A Motion so stated shall not be withdrawn by the mover without
the consent of person seconding it.
6.2 Motions Out of Order
The Presiding Officer may at any time, by majority consent of the Board, permit
a Board Member to move a resolution, or motion, out of the regular Agenda order.
6.3 Division of Question
If the question contains two or more divisible propositions, the Presiding Officer
may, and upon request of a Board Member shall (unless appealed), divide the
same.
6.4 Precedence of Motions
When a motion is before the Board, no motion shall be entertained except the
following which shall have precedence in the following order:
a) Adjourn
b) Fix Hour of Adjournment
c) Table
d) Limit or terminate discussion
e) Amend
f) Postpone
6.5 Motion to Adjourn
A motion to adjourn shall be in order at any time, except as follows:
a) When repeated without intervening business or discussion.
b) When made as an interruption of a Board Member while speaking,
c) When discussion has been ended, and vote on motion is pending, and
d) While a vote is being taken.
A motion to adjourn "to another time" shall be debatable only as to the time to
which the meeting is adjourned.
6.6 Motion to Fix Hour of Adjournment
A motion to fix the hour of adjournment shall be to set a definite time at which to
adjourn and shall not be debatable or amendable except by unanimous vote.
Administrative Appeals Board Rules of Procedure
-- 18 --
6.7 Motion to Table
A motion to table shall be used to temporarily by-pass the subject. A motion to
table shall be undebatable and shall preclude all amendments or debate of the
subject under consideration. If the motion shall prevail, the matter may be "taken
from the table" at any time prior to the end of the meeting. If not taken from the
table the matter shall die but may be placed on a future agenda as a new matter.
6.8 Motion to Terminate Discussion or Call the Question
Such a motion shall be used to limit or close debate on, or further amendments
to, the main motion and shall be undebatable. If the motion fails, debate shall be
re-opened; if the motion passes, a vote shall be taken on the main motion.
6.9 Motion to Amend
A motion to amend shall be debatable only as to amendment. A motion to amend
an amendment shall be in order, but a motion to amend an amendment to an
amendment shall not be in order. An amendment modifying the intention of a
motion shall be in order, but an amendment relating to a different matter shall not
be in order. A substitute motion on the same subject shall be acceptable, and
voted on before a vote on the amendment. Amendments shall be voted first, then
the main motion as amended.
6.10 Motion to Continue
Motions to continue to a definite time shall be amendable and debatable as to
propriety of postponement and time set.
Administrative Appeals Board Rules of Procedure
-- 19 --
7 VOTING PROCEDURE
7.1 Voting Procedure
In acting upon every motion, the vote shall be taken by voice or roll call or any
other method by which the vote of each Board Member present can be clearly
ascertained. The vote on each motion shall then be entered in full upon the
record. The City Clerk shall vary the order of voting with the Chair voting last.
The City Clerk shall call the names of all Board Members seated when a roll call
vote is ordered or required. Board Members shall respond "aye," "no," or
"abstain", provided that when a vote is collectively taken by voice or when a
method of voting other than by voice or roll call is used, any Board Member not
audibly and clearly responding "no" or "abstain" or otherwise registering an
objection shall have his vote recorded as "aye."
7.2 Vote Required
Generally, items before the Board require a majority of a quorum of affirmative
votes in order to carry. Certain motions, when specified in state law, require a
majority of the membership of the Board, or a supermajority of four affirmative
votes. (Gov. Code § 36936).
7.3 Roll Call Voting
Any question before the Board shall not require a roll call vote unless demanded
by any Board Member. It shall not be in order for Board Members to explain their
vote during roll call. Any Board Member may change his vote before the next
order of business.
7.4 Failure to Vote
Every Board Member should vote unless disqualified for cause. If a Board
Member is required to vote despite a disqualifying conflict of interest, in order to
achieve a quorum, the Board Member shall state the reason which shall be
recorded in the minutes.
When a vote is collectively taken by voice, any Board Member not audibly and
clearly responding "no" or "abstain" shall have his or her vote recorded as "aye."
7.5 Reconsideration
Except for votes regarding matters which are quasi-judicial in nature or matters
which require a noticed hearing, the Board may reconsider any vote taken either
at the same meeting or at a subsequent meeting provided that there has not
been detrimental reliance on the prior decision by a person affected thereby or
that an action has been taken as a part of the earlier decision which would be
impossible to undo. The motion to reconsider must be made by a Board Member
who voted on the prevailing side, must be seconded and requires a majority vote
Administrative Appeals Board Rules of Procedure
-- 20 --
of the quorum for passage, regardless of the vote required to adopt the motion
being reconsidered. If the motion to reconsider is successful, the matter to be
reconsidered takes no special preference over other pending matters and any
special voting requirements related thereto still apply. Except pursuant to a
motion to reconsider, once a matter has been determined and voted upon, the
same matter cannot be brought up again.
7.6 Motion to Rescind
Any Board Member, regardless of how he voted on the item originally, may move
to rescind an action taken at a previous meeting in order to strike out an entire
motion, resolution, rule, bylaw, section, or paragraph that has been adopted
except in the following circumstances:
a) When there has been detrimental reliance on the original decision by a party
affected thereby;
b) When something has been done, as a result of the original decision, which it
would be impossible to undo;
c) After a motion to rescind has once been acted upon, no other motion to
rescind shall be made without unanimous consent of the Board.
7.7 Tie Votes
When all Board Members are present, a tie vote on whether to grant an appeal
from official action shall overturn such appeal, unless the Board takes other
action to further consider the matter. If a tie vote on any matter results at a time
when less than all members of the Board are present, the matter shall
automatically be continued to the agenda of the next regular meeting of the
Board, unless otherwise ordered by the Board.
Administrative Appeals Board Rules of Procedure
-- 21 --
8 RESOLUTIONS
8.1 Definitions
The term "resolution" in its general sense will denote any action taken
affirmatively via a vote of the Board. As used in this City, however, three terms
are in general use to denote such actions: "resolution," "minute order," and
"motion" (thereafter recorded by minute entry). Technically, all three are equally
as legally effective and binding; they vary only in the formality of respective
memorialization. The most formal is referred to as a "resolution." This, in addition
to being referenced in the minutes, will be recorded by separate document,
numbered in sequence, and preserved in a separate set of books. Such
"resolutions" are used for various reasons, such as when specifically required by
law, when needed as a separate evidentiary document to be transmitted to
another governmental agency, or where the frequency of future reference back
to its contents warrants a separate document (with the additional "whereas"
explanatory material it often recites) to facilitate such future reference and
research.
A "minute order" denotes a separate document which is also maintained in a
separate set of books, under a system of sequential numbering, and is
referenced in the minutes; however, the "minute order" is drafted far more briefly
than a "resolution" and is distinguished from a mere minute entry only by the
need, in general, to have a separate document to facilitate certain administrative
processes to which it pertains.
The "motion" (assuming it was one which passed) is a Board action which is
recorded simply by an item entry in the minutes of the meeting at which it was
accomplished, and no separate document is made to memorialize it.
8.2 Resolutions Prepared in Advance
Where a resolution has been prepared in advance, the procedure shall be:
motion, second, discussion, vote pursuant to methods prescribed in Section 7.1,
and the result declared. It shall not be necessary to read a resolution in full or by
title except to identify it.
8.3 Resolutions Not Prepared in Advance
Where a resolution has not been prepared in advance, the procedure shall be to
instruct the City Clerk to prepare a resolution for presentation at the next Board
meeting.