Ripon Municipal Code Ch. 2.06 City Council

Statement of Purpose -

Applicability

Purpose-Applicability
The following rules of procedure are hereby established for City Council meetings and meetings of Commissions established under the Ripon Municipal Code. These rules are intended to create an atmosphere in which the members of the City Council and its Commissions can conduct business efficiently, fairly and with full public participation. It is the duty of each member of the body and the Chair to maintain common courtesy and decorum in meetings. These rules are guided by 4 basic principles, as set forth in "Rosenburg's Rules of Order":

1. Rules should establish order.
2. Rules should be clear.
3. Rules should be user-friendly.
4. Rules should enforce the will of the majority, while protecting the rights of the minority.

The Chair is responsible for applying the rules and procedures established in this Ordinance.
Decisions by the Chair as to application of the rules are final, unless overruled by the majority of the City Council or Commission. (For purposes of these rules, the Mayor serves as the Chair of City Council meetings.) All questions or communications with staff or members of the public should be directed through the Chair.
The Chair should take a less active role in debate and discussion, but retains full rights to do so.
The Chair can make and second motions on any matter before the City Council or Commission.

Discusson

Items to be discussed and decided by the City Council or Commission should ordinarily be handled by the Chair in the following basic format. A. The Chair should clearly announce the agenda item by number, and should clearly state what the subject is. The Chair should also announce the format that will be followed. For example, if the item requires a public hearing, the Chair will explain the hearing procedure. At this point, individual Council members or Commissioners should disclose any contacts with proponents, opponents or members of the public as to the particular agenda item. B. The Chair should ask for a report by the City Staff. Other staff members may also comment at this time, as appropriate. Staff may also provide its recommendation at this time. C. The Chair should ask if any members of the City Council or Commission have questions or need clarification on the agenda item. Staff should be given a full opportunity to respond to these questions or requests for clarification. D. The Chair should invite public testimony on the agenda item. If the agenda item requires a public hearing, the format should allow the applicant(s) to make an initial presentation, followed by speakers in favor of the item.
Following proponents, opponents of the item are allowed to speak. Finally, the applicant will be allowed present rebuttal testimony. Rebuttal testimony should respond specifically to points raised by opponents, and should not introduce new subject matter. Under most circumstances, only one rebuttal speaker will be allowed, but the Chair retains discretion to allow additional rebuttal speakers. In addition, Council members or Commissioners, through the Chair, may ask questions or request clarification from any speaker at this time. At the conclusion of the public comments, the Chair should close the public hearing. The public hearing should only be re-opened to the extent it is necessary to clarify earlier testimony.at the conclusion of the public hearing or public comment period, City Staff will summarize the testimony received, and

2.06.040

8-5 (11/16) will respond to the evidence or arguments raised. Staff will also review the findings necessary for approval or disapproval, and will reiterate its recommendation. Council members or Commissioners, through the Chair, may ask questions or request clarification from Staff at this time. E. The Chair should invite a motion for action on the agenda item. If there is no second to a motion within a reasonable time, as determined by the Chair, the motion dies, and a new motion should be made. Where findings are required, the motion should specifically reference the required findings, as set forth in the Staff Report, and should indicate whether, and why, the required findings either can or cannot be made. F. After a motion has been properly made and seconded, the Chair should invite discussion on the motion. Every Council member or Commissioner shall be permitted to speak, but it is not necessary for them to do so. G. After a reasonable opportunity for discussion, the Chair should call for a vote on the motion. A majority of the City Council or the applicable Commission-that is, a minimum of three votes-is required to approve a motion.
If a motion to approve an item fails to attain three votes for passage, another motion (either to deny the item, or continue to item to a date certain) should be made and acted upon. H. The Chair should announce the result of the vote, and announce what action the City Councilor Commission has taken. If there is a right of appeal, the Chair should explain the right of appeal, and the last date on which an appeal may be filed.

Reconsideration of a decision of the City Council is limited to the following situations and requires compliance with the following procedures.
A. When the City Council makes a final decision on any item other than quasi- adjudicatory actions (i.e. items involving licenses or permits) reconsideration of the City Council’s decision may only be requested by a City Council member (including the Mayor) who voted with the majority in the decision.
The request for reconsideration must be made at the same meeting or the regularly scheduled City Council meeting immediately following the meeting at which the decision was made. The City Clerk shall provide any necessary public notice(s) and schedule the matter for reconsideration at the next available meeting. B. When the City Council makes a final decision on quasi-adjudicatory items (i.e. items involving licenses or permits), it is understood that state laws and/or regulations may govern the issue of reconsideration.

Otherwise, reconsideration of the City Council’s decision may only be requested by a City Council member (including the Mayor) who voted with the majority in the decision. The request for reconsideration must be made at the same meeting at which the decision was made. The City Clerk shall provide any necessary public notice(s) and schedule the matter for reconsideration at the next available meeting.

Consideration In some cases, the Mayor or a City Council member may wish to bring back an item which has previously been decided for further consideration by the City Council. The purpose of this policy is to balance the need for robust debate and the ability to change based upon new information with the need for finality and certainty in the decision-making process.
A. Bringing Items Back to the Same City Council. The Mayor or a City Council member may request that any item (other than quasi- adjudicatory items-i.e. items involving licenses or permits) previously decided by the same City Council (i.e. the membership of the City Council has not changed) be brought back for further deliberation and action. In such cases, the Mayor or City Council member must specify in writing any new information or changed circumstances that warrant bringing the item back to the City Council for further deliberation and action. The City Administrator would be responsible for putting together (or delegating, as necessary) a staff report as necessary. The Councilmember's written request may be an attachment to the staff report or may be provided as a stand-alone attachment for the item.

2.06.050

8-6 (11/16) B. Bringing Items Back-New City Council.
In any instance where one or more City Council members was not involved in the decision on any given item (other than quasi-adjudicatory items-i.e. items involving licenses or permits) previously decided by the City Council, the Mayor or any City Council member may request that the item be brought back to the City Council for further deliberation and action. In such cases, he/she must do so in writing, using a form to be provided by the City Clerk. The Mayor or a City Council member may announce his/her intent to place an item on an upcoming agenda at a City Council meeting, but the request must still be made using this procedure. The City Administrator would be responsible for putting together (or delegating, as necessary) a staff report as necessary. The Councilmember's written request may be an attachment to the staff report or may be provided as a stand-alone attachment for the item. (Ord. 854, §1, 2016)

9 Administrative Officer (11-53)