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4/3/2012 - STAFF REPORTS - 1.A.
OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENTIAGENCY BOARD REPORT MEETING DATE: April 3, 2012 ADMINISTRATIVE ITEM TITLE: ADOPTION OF BYLAWS, REGULAR MEETING DATES, AND RULES OF PROCEDURE. INITIATED: Clerk/Secretary RECOMMENDATION: Adopt Resolution No. 001, "A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY ADOPTING BYLAWS, ESTABLISHING REGULAR MEETING DATES, AND CONDUCT OF MEETINGS. BACKGROUND AND ANALYSIS: The Oversight Board has been established and created, pursuant to State Law, to direct the Successor Agency (the City of Palm Springs) to take certain actions to wind down the affairs of the Palm Springs Community Redevelopment Agency. The Oversight Board should adopt Bylaws, Rules of Procedure, and times for regular meetings of the Board pursuant to Cal. Gov Code § 54954(a). Staff has drafted Bylaws that meet the requirements of law, along with a proposed resolution for adoption. FISCAL IMPACT: No fiscal impact by adopting Bylaws. The City of Palm Springs, acting in its capacity as Successor Agency to the Palm Springs Community Redevelopment) Agency, is eligible for reimbursement of administrative costs of the Oversight Board, subject to current law and a cap toward the administrative costs. ATTACHMENTS: Proposed Resolution Bylaws ITEM NO 1 .A. I RESOLUTION NO. 001 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY ADOPTING BYLAWS, ESTABLISHING REGULAR MEETING DATES, AND CONDUCT OF MEETINGS. THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY FINDS: A. The Oversight Board of the Successor Agency to the Palm Springs Community Redevelopment Agency (herein "Oversight Board") has been established and created, pursuant to State Law, to direct the Successor Agency to take certain actions to wind down the affairs of the Palm Springs Community Redevelopment Agency, in accordance with Cal. Health and Safety Code. B. The Oversight Board desires to adopt bylaws and regulations for the general operation of the Oversight Board, and the time and place for the conduct of regular meetings, pursuant to Cal. Gov. Code § 54954(a). NOW THEREFORE THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY DETERMINES, RESOLVES AND APPROVES: SECTION 1. The Bylaws of the Oversight Board (attached as Exhibit A and incorporated herein) are hereby approved. SECTION 2. The Clerk/Secretary is hereby authorized and; directed to file a Statement of Facts, Roster of Public Agencies Filing, with the Secretary of State, pursuant to Cal. Gov. Code § 53051. SECTION 3. The Clerk/Secretary is hereby authorized and directed to certify to the adoption of this Resolution, and file with the California Department of Finance. SECTION 4. This Resolution shall be in effective three (3) business days after adoption. PASSED, APPROVED AND ADOPTED BY THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY THIS 3RD DAY OF APRIL, 2012. CHAIRPERSON ATTEST: CLERK/SECRETARY Resolution No. 001 Page 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) 1, JAMES THOMPSON, Clerk/Secretary, to the Oversight Board of the Successor Agency to the Palm Springs Community Redevelopment Agency, ',hereby certify that Resolution No. 001 is a full, true and correct copy, and was duly adopted at a special meeting of the Oversight Board on April 3, 2012, by the following vote: AYES: NOES ABSTAIN ABSENT James Thompson, Clerk/Secretary City of Palm Springs, California BYLAWS OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY ARTICLE I -- THE OVERSIGHT BOARD 1.1. NAME OF AUTHORITY. The official name shall be the "Oversight Board of the Successor Agency to the Palm Springs Community Redevelopment Agency" (herein referred to as "Oversight Board"). The Oversight Board of the Successor Agency to the Palm Springs Community Redevelopment Agency is created pursuant to Cal. Health and Safety Code § 34179(a). 1.2 TIMES AND PLACE OF MEETING. The office and regular place of meeting of the Oversight Board shall be the Palm Springs City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, California. The Oversight Board regular meetings shall be on the. and all meetings shall be open to the public. When the day for any, regular meeting of the Oversight Board falls on a legal holiday, no meeting shall be held',. 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. A majority of the total membership of the Oversight Board shall constitute a quorum for the transaction of business. Meetings may be adjourned by the Chairperson or by the Clerk/Secretary if a quorum is not present. Special meetings may be called by the Chairperson or by four (4) Oversight Board Members, and notice thereof shall be provided in accordance with the Ralph M. Brown Act. 1.3 POWERS AND DUTIES. The Oversight Board shall be vested with all the rights, powers, duties, and privileges established by Cal. Health and Safety Code §§ 34179, 34180, and 34181. The Oversight Board shall have personal immunity 'from suit for their actions taken with the scope of their responsibilities as Oversight Board Members pursuant to Cal. Health and Safety Code § 34179(d). Members of the Oversight Board may also hold office in a city, county, special district, school district, or community college district and will not be in violation of Cal. Government Code § 1099, the Political Reform Act of 1974, or any other law so provided in Cal. Health and Safety Code § 34179(i). ARTICLE II -- OFFICERS 2.1 OFFICERS AND OFFICIALS. The Officers of the Oversight Board shall be composed of seven (7) members, and shall serve without compensation or reimbursement for expenses. All Oversight Board Members shall be selected pursuant to Cal. Health and Safety Code § 34179. Each member shall serve at the pleasure of his or her appointing authority. 2.2 CHAIRPERSON AND VICE-CHAIRPERSON. At the first regular meeting in January of each calendar year (or as soon thereafter as practicable), the Oversight Board shall select one Oversight Board Member to serve as Chairperson and one Oversight Board Member to serve as Vice- Chairperson. The Chairperson of the Oversight Board shall preside over all meetings of the Oversight Board, appointed as the non-exclusive primary spokesperson of the Oversight Board, and shall sign adopted resolutions of the Oversight Board. The Vice-Chairperson shall perform the duties of the Chairperson in the absence or incapacity of the Chairperson. 2.3 CLERK/SECRETARY. The Palm Springs City Clerk shall serve as the Oversight Board Clerk/Secretary, and shall serve without compensation. Notwithstanding the foregoing, the City of Palm Springs, acting in its sole capacity as Successor A ency to the Palm Springs Community Redevelopment Agency, shall be entitled for reimbursement of the costs related to the Clerk/Secretary, pursuant to applicable law. The Clerk/Secretary shall keep the records of the Oversight Board, shall act as Clerk/Secretary at the meetings of the Oversight Board, shall record all votes, keep a record of the proceedings of the Oversight Board to be kept for such purpose and shall perform all duties incident to the Office of Clerk/Secretary. The Clerk/Secretary shall maintain a record of all official proceedings of the Oversight Board and its programs, and shall attest and certify all documents of the Oversight Board. The Clerk/Secretary may appoint subordinate deputies as deemed necessary by the Clerk/Secretary to carry out the functions of the Office of the Clerk/Secretary. 2.4 DESIGNATED AGENT FOR SERVICE. The designated agent for process service shall be the Oversight Board Clerk/Secretary, City of Palm Springs, Office of the City Clerk, 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262. 2.5 VACANCIES. When a position on the Oversight Board Member becomes vacant, the vacancy will be filled by the original appointing authority of such Board Member. Such appointments are to take place within sixty (60) days of the creation of the vacancy. The Governor may appoint an individual to fill a Board Member vacancy that remains vacant for more than sixty (60) days, pursuant to Cal. Health and Safety Code § 34179(b). ARTICLE III -- MEETING RULES OF PROCEDURE 3.1 PURPOSE AND EFFECT. The purpose and intent of the Oversight Board in adapting meeting rules of procedure shall be to provide directory guidelines relating to the conduct of the public business by or on behalf of the Oversight Board. In the event of any procedural deficiency or any noncompliance with any provision, will not be deemed to affect the validly of any action taken, unless otherwise specifically provided by flaw. 3.2 ADOPTION OF ROSENBERG'S RULES OF ORDER. The Oversight Board adopts Rosenberg's Rules of Order for the conduct of meetings and business (attached as Exhibit A and incorporated herein). In the absence of any rule specifically incorporated into these Bylaws, R©senberg's Rules of Order shall be used as a guide. -- 3 -- 3.3 ORDER OF BUSINESS AND AGENDA. The order of business of each meeting shall be contained in the Agenda prepared by the Oversight Board Clerk/Secretary. The Agenda shall be a listing by topic of the subject which shall be taken up for consideration in the following order: (a) Call to Order (b) Roll Call (c) Pledge of Allegiance (d) Acceptance of the Agenda (e) Public Comment (f) Consent Calendar (g) Unfinished Business (h) New Business (i) Reports and Information Items Q) Oversight Board Member Items and Requests (k) Adjournment The Clerk/Secretary shall be responsible for the ipreparation of the Agenda, and shall in all respects conform to the Ralph M. Brown Act. The Oversight Board, by four (4) affirmative votes, may direct a matter to be placed upon a future agenda. The delivery of the Agenda, Board Reports, and public notice shall be made by the Clerk/Secretary and shall in all respects conform to the Ralph M. Brown Act. 3.4 MAINTENANCE OF ORDER. The 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 Presiding Officer. All questions and remarks shall be addressed to the Presiding Officer. -- 4 -- 3.5 RULES, DECORUM AND ORDER. (a) Board Members. Any Board Member desiring to speak shall addlress the Chair and upon recognition by the Presiding Officer, shall confine himself to the question under debate. Any 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 Councilmember; or unless the speaker chooses to yield to questions from another Councilmember. 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 Oversight Board. Board Members shall accord the utmost courtesy to each other, to staff and to the public appearing before the Oversight 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. Any Board Member may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Oversight Board shall require Presiding Officer to so act. Except where specifically authorized by Oversight Board action, no Board Member shall make any statement or give the appearance or indicate in any way that he or she is representing the Oversight Board. (b) Administrative Staff Members of the Administrative Staff shall observe the same rules of procedure and decorum applicable to Oversight Board Members. Any Administrative Staff desiring to address the Oversight Board or members of the public shall first be recognized by the Presiding Officer. All remarks shall be addressed to the Presiding Officer and not to any one individual Oversight Board Member or member of the public. (c) Public Members of the public attending Oversight Board meetings shall observe the same rules of order and decorum applicable to the Oversight Board. -- 5 -- Any person wishing to address the Oversight Board shall, before speaking, announce his/her actual name, 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 Oversight 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 Oversight 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 Oversight Board, be barred from further audience before the Oversight Board during that meeting and/or be removed from the room Aggravated cases shall be prosecuted on an appropriate complaint signed by the Presiding Officer. (d) As set forth in Cal. Govt. Code § 54957.9, in the event that a meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the Board Members may order the meeting room cleared and continue in session. Only matters appearing on the Agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Oversight Board from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. (e) All Oversight 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 Oversight Board. Any Oversight Board Member prevented from voting because of a conflict of interest, shall refrain from debate and voting. Such Board Member shall leave the meeting room during debate and voting on the issue, but shall be free to address the Oversight Board as a private citizen on the matter. (f) As a matter of preferred protocol and courtesy to fellow Oversight Board Members, 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 majority vote of the Oversight Board. (g) Any Board Member shall have the right to express dissent from or protest to any action of the Council and have the reason entered in the minutes. -- 6 -- 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..." (h) In presiding over Oversight Board meetings, the 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 Oversight Board present and voting. (i) No person except Oversight Board Officials shall be permitted behind the Oversight Board dais without permission or consent of the Presiding Officer. 3.5 ADDRESSING THE OVERSIGHT BOARD. (a) Speaker cards shall be available at the meeting, and persons desiring to address the Oversight Board shall be requested to complete a card and give it to the Clerk/Secretary to the beginning of the publlic comment period. The Clerk/Secretary 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. (b) All remarks and questions shall be addressed to the Presiding Officer and not to any individual Board Member other person. No person shall enter into any discussion without being recognized by the Presiding Officer. (c) Persons who have not completed a speaker card shall identify themselves to the Clerk Secretary as wishing to speak 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 city of residence for the record. (d) Pursuant to Cal. Govt. Code § 54954.3 each agenda for a regular meeting shall provide an item entitled "Public Comment." The purpose of such items shall be to provide an opportunity for members of the public to address the Oversight Board on items contained on the agenda, and on items of general interest within the subject matter jurisdiction of the Oversight,Board. In order to assure that the intent of Cal. Govt. Code § 54954.3 is carried out, five (5) minutes is the amount of time allocated for each individual speaker. ARTICLE IV -- MOTIONS 4.1 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. 4.2 MOTIONS OUT OF ORDER. The Presiding Officer may at any time, by majority consent of the Oversight Board, permit a Board Member to introduce an resolution, or motion, out of the regular Agenda order. 4.3 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. 4.4 PRECEDENCE OF MOTIONS. When a motion is before the Oversight 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 4.5 MOTION TO ADJOURN (not debatable). 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. (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. 4.6 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 be undebatable and shall be unamendable except by unanimous vote. 4.7 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. 4.8 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 reopened; if the motion passes, a vote shall be taken on the main motion. 4.9 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. 4.10 MOTION TO CONTINUE. Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set. ARTICLE V -- VOTING PROCEDURE 5.1 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. -- 9 -- The Clerk/Secretary shall vary the order of voting with the Presiding', Officer voting last. The Clerk/Secretary shall call the names of all Board Member seated when a roll call vote is ordered or required. Board Member 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 Memberr not audibly and clearly responding "no" or "abstain" or otherwise registering an objection shall have his vote recorded as "aye." 5.2 VOTE REQUIRED. Pursuant to Cal. Health and Safety Code § 34179(e) a majority vote of the total membership of the full Oversight Board is required for the Oversight Board to take any action. 5.3 ROLL CALL VOTING. Any question before the Oversight 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. 5.4 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." 5.5 RECONSIDERATION. Except for votes regarding matters which are quasi-judicial in nature or matters which require a noticed public hearing, the Oversight 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 of the quorum for passage, regardless of the vote required to adopt the motion being reconsidered. If the motion to reconsider is successful, the matterto 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. -- 10 -- 5.6 MOTION TO RESCIND. Any Board Member, regardless of how he/she 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) When the item is in the nature of a contract and the other party to the contract has been informed of the vote and has taken action in reliance thereon which cannot be undone. After a motion to rescind has once been acted upon, no other motion to rescind shall be made without unanimous consent of the Oversight Board. 5.7 TIE VOTES. Tie votes shall be lost motions. When all Board Members are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal, unless the Council 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 Oversight Board are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Oversight, unless otherwise ordered by the Oversight Board. ARTICLE VI -- RESOLUTIONS 6.1 RESOLUTIONS PREPARED IN ADVANCE. Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to the methods prescribed above, and the result declared. It shall not be necessary or required to read a resolution in full or by title except to identify it. 6.2 RESOLUTIONS NOT PREPARED IN ADVANCE. Where a resolution has not been prepared in advance,the procedure shall be to instruct the Clerk/Secretary to prepare a resolution for presentation at the next Oversight Board meeting. -- 11 -- 6.3 URGENCY RESOLUTIONS. In matters of urgency, a resolution may be presented'' verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure described above shall be followed. ARTICLE VII -- AMENDMENTS 7.1 The Bylaws and Rules of Procedure of the Oversight Board may be amended by the Oversight Board at any regular or special meeting by a vote of the majority of the Oversight Board Members, provided that no such amendment shall be adopted unless at least seven days' written notice thereof has been previously given to all Board Members of the Oversight Board. Such notice shall identify the section or sections of the Bylaws and Rules of Procedure proposed to be amended. -- 12 -- •.J j�g'yo° F� 1 ' S } o� J �f r w< v� S U m � u y � � �j �11 � � J J .✓ h i. _ U J _ � V Rosenberg's Rules of Order: Simple Parliamentary Procedures for the 21 st Century by Dave Rosenberg Th�rules of procedure at meetings framework for the orderly conduct rules,because the chair,for all intents ould be simple enough for most of meetings. and purposes, makes the final ruling on people to understand. Unfortunately, 2. Rules should be cleat Simple rules the rules. In fact, all decisions by the that hasn't always been the case.Virtu- lead to wider understanding and chair are final unless overruled by the ally all clubs,associations,boards,coun- governing body itself. cils and bodies follow a set of rules, participation.complex rules create are em-h c hi Rules of Order;R w two dosses:those who understand Because the chair conducts the meeting, Robert's R bodied a small butwhich complex book. and participate and those who do it is common courtesy for the chair to Virtually no one I know has actually not fully understand and do not take a less active role than other mem- read this book cover cover. fully participate. ben of the body in debates and discus- read Rules should be user-friendly.That sions.This does not mean that the chair Worse yet,the book was written for should not participate in the debate or the rules must be simple enough another time and purpose.If you are is, discussion.On the contrary,as a mem- running the British Parliament,Robm's that citizens feel they have been able ber of the body, the chair has full rights Rula of Omer is a dandy and quite use- to participate in the process. to participate in debates, discussions f d handbook.On the other hand, if 4. Rules should enforce the will of and decision-making.The chair should, you re running a meeting of a five- the majority while protecting the however,strive to be the last to speak at member body with a few members of rights of the minority.The ultimate the discussion and debate stage, and the public in attendance, a simplified purpose of the rules of procedure is should not make or second a motion version of the rules of parliamentary to encourage discussion and to facili- unless he or she is convinced that no procedure is in order. Hence,the birth tate decision-making by the body. In other member of the body will do so. of"Rosenberg's Rules of Order." a democracy,the majority rules.The This publication covers the rules of roles must enable the majority to The Basic Format for an parliamentary procedure based on my express itself and fashion a result, Agenda Item Discussion 20 years of experience chairing meetings while permitting the minority to also Formal meetings normally have a written, in state and local government.These express itself(but not dominate)and published agenda;informal meetings rules have been simplified and slimmed fly participate in the process. may have only an oral or understood down for 21st century meetings,yet agenda. In either case, the meeting is they retain the basic tenets of order to The Chairperson Should Take a governed by the agenda and the agenda which we are accustomed. Back Seat During Discussions constitutes the body's agreed-upon road "Rosenberg's Rules of Order"are sup- While all members of the governing map for the meeting.And each agenda body should know and understand the item can be handled by the chair in the ported by the following four principles: rules of parliamentary procedure, it is following basic format. L Rules should establish order The the chairperson (chair)who is charged First,the chair should clearly announce first purpose of the Hiles of parlia- with applying the rules of conduct. the agenda item number and should mentary procedure is to establish a The chair should be well versed in those dearly state what the subject is.The chair should then announce the format that will be followed. There are exceptions to the general rule of free Second,following that agenda format, and open debate on motions. The exceptions all the chair should invite the appropriate people to report on the item, including apply when there is a desire to move on. any recommendation they might have. The appropriate person may be the chair,a member of the governing body, 1 www.cadties.org 1 Rosmberg's Rules of Order:Simple Parliamentary Procedure for the 21st century a staff person, or a committee chair Eighth,the chair should now invite dis- Motions are made in a simple two-step charged with providing information cussion of the motion by the members process. First, the chair recognizes the about the agenda item. of the governing body.If there is no member.Second,the member makes a Third,the chair should ask members desired discussion or the discussion has motion by preceding the member's of the body if they have any technical ended,the chair should announce that desired approach with the words:"I the body will vote on the motion. If move ..."A typical motion might be: questions for clarification.At this point, there has been no discussion or a very "I move that we give 10 days'notice in members of the governing body may ask brief discussion, the vote should proceed the future for all our meetings." clarifying questions to the people who repotted on the item,and they should immediately,and [here is no need to re- The chair usually initiates the motion by: be given time to respond. peat the motion. there has been best t stantial discussion,,it is normally best[0 1. Inviting the members to make a Fourth,the chair should invite public make sure everyone understands the motion:A motion at this time comments or,if appropriate at a formal motion by repeating it. would be in order." meeting,open the meeting to public input. If numerous members of the pub- lic indicate a desire to speak to the sub- ject, the chair may limit the time of each Debate on policy is healthy; debate on personalities public speaker.At the conclusion of the is not. The chair has the right to cut off discussion public comments, the chair should ann- ounce that public input has concluded that is too personal, too loud or too crude. (or that the public hearing,as the case may be,is dosed). Fifth,the chair should invite a motion Ninth, the chair takes a vote. Simply 2. Suggesting a motion to the members: from the governing body members.The asking for the"ayes"and then the"nays" "A motion would be in order that we chair should announce the name of the is normally sufficient.If members of the give 10-days' notice in the future for member who makes the motion. body do not vote, then they"abstain." all our meetings." Sixth,the chair should determine if any Unless the rules of the body provide 3 Making the motion. member of the body wishes to second otherwise or unless a super-majority is the motion.The chair should announce required(as delineated later in these As noted,the chair has every right as a the name of the member who seconds rules),a simple majority determines member of the body to make a motion, the motion.It is normally good practice whether the motion passes or is defmced. but normally should do so only if he or for a motion to require a second before Tenth,the chair should announce the she wishes a motion to be made but no proceeding with it,to ensure that it is result of the vote and should announce other member seems willing to do so. not just one member of the body who what action(if any) the body has taken. is interested in a particular approach. TheThree Basic Motions In announcing the result, the chair However,a second is not an absolute should indicate the names of the mem- Three motions are the most common: requirement,and the chair can proceed bers,if any,who voted in the minority with consideration and a vote on the on the motion.This announcement 1. The basic motion.The basic motion motion even when there is no second, might take the following form: "The is the one that puts forward a deci- This is a matter left to the discretion motion passes by a vote of 3-2,with sion for consideration.A basic mot- of the chair. Smith and Jones dissenting.We have ion might be:"I move that we create Seventh,if the motion is made and sec- passed the motion requiring 10 days' a five-member committee to plan notice for all future meetings onded,the chair should make sure every- of this and put on our annual fundraiser." one understands the motion.This is governing body." 2. The motion to amend.If a member done in one of three ways: wants to change a basic motion that Motions in General is under discussion,he or she would 1. The chair can ask the maker of the move to amend it.A motion to motion to repeat it-, Motions are the ally best for decision- amend might be:"I move that we making. a is usually best to have amot- amend the motion to have a 10- 2. The chair can repeat the motion;or ion before the governing body prior to member committee."A motion to 3. The chair can ask the secretary discussing an agenda item,to help every- amend takes the basic motion that is or the derk of the body to repeat one focus on the motion before them. before the body and seeks to change the motion. it in some way. 2 League of California Cities Rosenberg}Rules of Order:Simple Parliamentary Procedure for the 21st Century 3. The substitute motion. If a member First, the chair would deal with the To Debate or Not to Debate wants to completely do away with third(the last) motion on the floor,the The basic rule of motions is that they the basic motion under discussion substitute motion.After discussion and are subject to discussion and debate. and put a new motion before the debate,a vote would be taken first on Accordingly,basic motions,motions to governing body,he or she would the third motion.If the substitute amend,and substitute motions are all "move a substitute motion."A substi- motion paces, it would be a substitute eligible,each in their turn, for full dis- tute motion might be: "I move a sub- for the basic motion and would elimi- cussion before and by the body.The sticute motion that we cancel the nate it.The first motion would be moot, debate can continue as long as members annual fundraiser this year." as would the second motion(which of the body wish to discuss an item,sub- sought to amend the first motion),and ect to the decision of the chair that it is Motions amend and tit mo- the action on the agenda item would be 1 [ions areo often confused..But they are � time to move on and rake anion. cite different,and so is their effect, complete.No vote would be taken on q the first or second motions.On the There are exceptions to the general rule >E passed. other hand,if the substitute motion (the of free and open debate on motions.The A motion to amend seeks co retain the third motion)failed,the chair would exceptions all apply when there is a basic motion on the floor,but to modify proceed to consideration of the second desire of the body to move on.The fol- ic in some way. (now the last) motion on the floor, the lowing motions are not debatable(that motion to amend. is,when the following motions are made A substitute motion seeks to throw out and seconded, the chair must immedi- the basic motion on the floor and substi- If the substitute motion failed,the ately call for a vote of the body without tute a new and different motion for it. chair would then deal with the second debate on the motion): The decision as to whether a motion is (now the last) motion on the floor, really a motion to amend or a substitute the motion to amend.The discussion A motion to adjourn.This motion, if and debate would focus strictly on the passed,requires the body to immediately motion is left to the chair.So that if a adjourn to its next regularly member makes what that member calls a amendment(should the committee be ad) �ar Y scheduled five or 10 members).If the motion to meeting.This motion requires a simple motion to amend,but the chair deter- amend passec4 the chair would now majority vote. mines it is really a substitute motion, the move to consider the main motion(the chair's designation governs. first motion) as amended. If the motion A motion to recess.This motion,i passed,requires the body to immediately When Multiple Motions Are Before to amend failed, the chair would now take a recess.Normally,the chair deter- The Governing Body move to consider the main motion mines the length of the recess,which (the first motion) in its original format, may range from a few minutes to an Up to three motions may be on the floor not amended. simultaneously.The chair may reject a hour.It requires a simple majority vote. fourth motion until the three that are on the floor have been resolved. When two or three motions are on the The challenge for anyone chairing a public meet- floor(after motions and seconds) at ing is to accommodate public input in a timely the same time,the fitrt vote should be on the last motion made.So, for exam- and time-sensitive way, while maintaining steady ple,assume the first motion is a basic "motion to have a five-member commit- progress through the agenda items. tee co plan and put on our annual f tnd- raiser" During the discussion of this motion,a member might make a second Third, the chair would now deal with A motion to fix the time to adjourn. motion to"amend the main motion to the first motion that was placed on the This motion,if passed,requires the body have a 10-member committee,not a floor.The original motion would either to adjourn the meeting at the specific five-member committee, to plan and be in its original format(five-member time set in the motion. For example, the put on our annual fundraiser."And per- committee) or, if amended,would be in motion might be: "I move we adjourn haps,during that discussion,a member its amended format(10-member com- this meeting at midnight." It requires a makes yet a third motion as a"substitute mirme).And the question on the floor simple majority vote. motion that we not have an annual for discussion and decision would be fundraiser this year."The proper proce- whether a committee should plan and A motion to table.This motion, if dure would be as follows. put on the annual fundraiser. passed, requires discussion of the agenda item to be halted and the agenda item to www.cadties.org 3 Rosenberg'.r Rules of Order.•Simple Parliamentary Procedure for the 21 st Century be placed on"hold."The motion may the motion fails. If one member is ab- pend the rules for a particular purpose. contain a specific time in which the sent and the vote is 3-3,the motion For example, the body(a private club) item can come back to the body. "I still fails. might have a rule prohibiting the atten- move we this until our dance at meetings mem- lar meeting bm Octobers Or the motion All motions require a simple majority, be s.A motion o suspend rtherules may contain no specific time for the but there are a few exceptions.The would be in order to allow a non-club raking a return of the item,in which case a akigaexceptions occur when the body isn action that effectively cuts member to attend a meeting of the dub motion to take the item off the table off the ability of a minority of the body on a particular date or on a particular and bring it back to the body will have agenda item. to be taken at a future meeting.A to take action discuss item. motion to table an item(or to bringit These extraordinary motions s require a two-thirds majority(a super-majority) The Motion to Reconsider back to the body) requires a simple to pass: There is a special and unique motion majority vote. Motion to limit debate.Whether a that requires a bit of explanation all by A motion to limit debate.The most member says,"I move the previous itself: the motion to reconsider.A tenet common form of this motion is to say question,""I move the question," "I of parliamentary procedure is finality. "I move the previous question"or"I call for the question"or"I move to limit After vigorous discussion,debate and move the question"or"I call for the debate,"is all amounts to an attempta vote,there most be some closure to question."When a member of the body oto did- the issue.And so,after a vote is taken, i Eli cuss an item,and t makes such a motion, the member is cut off the ability t eq minorityuires atwo-thirds the matter is deemed dosed,subject really saying:"I've had enough debate. requires only to reopening if a proper motion Let's get on with the vote."Whensuch vote to pass. to reconsider is made. a motion is made, the chair should ask Motion to close nominations.When for a second to the motion,stop debate, choosing offices of the body,such as the A motion to reconsider requires a and vote on the motion to limit debate. chair, nominations are in order either majority vote to pass,but there are The motion to limit debate requires a from a nominating committee or from two special Hiles that apply only to two-thirds vote of the body. Note that a the floor of the body.A motion to close the motion to reconsider. motion to limit debate could include a nominations effectively cuts off the right Fist is the matter of timing.A motion time limit. For example:"I move we of the minority to nominate officers, to reconsider must be made at the meet- limit debate on this agenda item to and it requires a two-thirds vote ing where the item was first voted upon 15 minutes." Even in this format, the to pass. or at the very next meeting of the body. A motion to reconsider made at a later time is untimely. (The body,however, If you are running the British Parliament can always vote suspend the rules y g r and, by a two-thirds ds majority,allow a Robert's Rules of Order is a dandy and quite motion to reconsider to be made at 7 another time.) useful handbook. Second,a motion to reconsider may be made only by certain members of the body.Accordingly,a motion to recon- motion to limit debate requires a two- Motion to object to the consideration sider may be made only by a member thirds vote of the body.A similar mot- of a question.Normally,such a motion who voted in the majority on the origi- ion is a motion to object to roruidenntion is unnecessary,because the objectionable nal motion.If such a member has a ofan item.This motion is not debatable, item can be tabled or defeated straight change of heart, he or she may make the and if passed,precludes the body from up. However,when members of a body motion to reconsider(any other mem- even considering an item on the agenda. do not even want an item on the agenda ber of the body may second the motion). It also requires a two-thirds vote. to be considered,then such a motion If a member who voted in the minority is in order. It is not debatable, and it seeks to make the motion to reconsider, Majority and Super-Majority Votes requires a two-thirds vote to pass. it must be ruled out of order.The pur- pose of this rule is finality. If a member In a democracy,decisions are made with Motion to suspend the rules.This of the minority could make a motion to a simple majority vote.A tie vote means motion is debatable,but requires a two- reconsider,then the item could be the motion fails. So in a seven-member thirds vote to pass.If the body has is brought back to the body again and body, a vote of 4-3 passes the motion.A own rules of order,conduct or proce- again,which would defeat the purpose vote of 3-3 with one abstention means dure, this motion allows the body to sus- of finality. 4 League of California Cities Rosmbergs Rules of Order:Simple Parliamentary Procedure for the 21st Century If the motion to reconsider passes, then the original matter is back before the body,and a new original motion is in It is usually best to have a motion before the gov- order.The matter may be discussed and debated as if it were on the floor for the erning body prior to discussing an agenda item, first time. to help everyone focus. Courtesy and Decorum The rules of order are meant to create lege relate to anything that would inter- Withdraw a motion.During debate an atmosphere where the members of fere with the normal comfort of the and discussion of a motion,the maker the body and the members of the public meeting.For example,the room may of the motion on the floor,at any time, can attend to business efficiently,fairly he too hot or too cold,or a blowing may interrupt a speaker to withdraw and with frill participation.And at the fan might interfere with a persods his or her motion from the floor.The same time, it is up to the chair and the ability to hear. motion is immediately deemed with- members of the body to maintain com- drawn,although the chair may ask the mon courtesy and decorum.Unless the Order.The proper interruption would be:"Point of order.' m,the chair person who seconded make motion o sexing is very informal,it is always best '� he or she wishes to make the motion, for only one person at a time to have would ask the interrupter to"state your the floor,and it is always best for every point.'Appropriate points of order and any other member may make the motion if properly recognized. Special Notes About Public Input Motions to amend and substitute motions are The rules outlined here help make meet- often confused. But they are quite different, and togs very particularly forly. But in chair, it [ion,and particularly for the chair,i[is so is their effect, if passed. wise to remember three special rules that apply to each agenda item: Rule One:Tell the public what the body speaker to be first recognized by the relate to anything that would not be will be doing. chair before proceeding to speak. considered appropriate conduct of the Rule Two:Keep the public informed The chair should always ensure that meeting; for example,if the chair moved while the body is doing it. debate and discussion of an agenda item on to a vote on a motion that permits Rule Threw When the body has acted, focus on the item and the policy in ques- debate without allowing that discussion tell the public what the body did. don, not on the personalities of the or debate. members of the body. Debate on policy Appeal.If the chair makes a ruling that Public input is essential to a healthy is healthy;debate on personalities is not. a member of the body disagrees with, democracy,and community participa- The chair has the right to cut off discus- that member may appeal the ruling of tion in public meetings is an important sion that is too personal,too loud or the chair. If the motion is seconded and element of that input.The challenge for too crude. after debate,if it passes by a simple anyone chairing a public meeting is to majority vote,then the ruling of the accommodate public input in a timely Debate and discussion should be fo- and time-sensitive way,while maintain- cused, but free and open. In the interest chair is deemed reversed. ing steady progress through the agenda of time, the chair may,however, limit Call for orders of the day.This is sim- items.The rules presented here for con- the time allotted to speakers,including ply another way of saying, "Let's return ducting a meeting are offered as tools for members of the body. Can a member of to the agenda." If a member believes that effective leadership and as a means of the body interrupt the speaker?The the body has drifted from the agreed- developing sound public policy. 13 general rule is no.There are,however, upon agenda,such a call may be made. exceptions.A speaker may be interrupt- It does not require a vote, and when the ed for the following reasons: chair discovers that the agenda has not Privilege.The proper interruption been followed, the chair simply reminds would be: "Point of privilege.'The chair the body to return to the agenda item would then ask the interrupter to"state properly before them. If the chair fails our point."Appropriate oints of rivr to do so, the chair's determination may Y PP P be appealed. w .racities.org 5 SKU,633. $soo To order additional copies of this .. pu69catim call(916)-6684M or visit wwwxwwm .orgatom. . .. 02003 League of Caftmia Cilim.. All rights reserved. LEAGUE UOO r Street Sauamento,CA 96814 OF CALIFOMIA migsss- z, Fax CITIES (!„