Chapter 2.09
RULES OF PROCEDURE FOR THE ASSEMBLY
Sections:
2.09.010 Organization.
2.09.020 Presiding officer and deputy presiding officer.
2.09.030 Meetings.
2.09.040 Committees.
2.09.050 Assembly voting.
2.09.060 Conduct of debate and discussion.
2.09.070 Employees.
2.09.080 Rules for public testimony.
2.09.090 Interpretation, application, and suspension of assembly rules of procedure.
2.09.200 Representation of assembly position.
2.09.010 Organization.
A. The assembly shall elect from among its members a presiding officer and a deputy presiding officer.
B. The election of the presiding officer and the deputy presiding officer shall be held annually at the first regular meeting following certification of the results of the Fairbanks North Star Borough general election held annually in October and shall be conducted as follows:
1. The assembly shall hear nominations from as many assemblymembers as shall desire to make them. Members are able to nominate themselves if they wish. At the first meeting (either committee of the whole or a regular meeting) held after the election has been certified and newly elected assemblymembers have been sworn in, the clerk shall inform newly elected members and ongoing members of the duties, powers, and responsibilities of the presiding officer and deputy presiding officer, and shall also explain the election process. Nominations shall then take place as the second order of business.
a. Nominated candidates will be given an opportunity to address their qualifications to lead the assembly at this time, and again immediately prior to the election vote being taken.
b. Nominated candidates may also provide a written resume.
c. Copies of submitted written resumes shall be available at the clerk’s office no later than noon of the Tuesday preceding the regular assembly meeting where election will occur.
2. Rules and procedures applicable to elections of politically partisan bodies shall not apply or otherwise guide the election of the presiding officer and the deputy presiding officer. The clerk will provide training on this issue at the first meeting after the general election.
3. At the first regular meeting following certification of the general election results, the assembly shall select by a secret ballot the presiding officer and the deputy presiding officer. Debate and discussion may precede the vote if any member so wishes.
4. A candidate shall be elected only if the candidate receives a majority vote as defined in FNSBC 2.09.050.
5. If no candidate receives a majority vote, then the assembly shall hold a run-off election between all of the candidates, minus the one that received the least number of votes.
The assembly shall continue the balloting until one candidate is elected.
6. If there is a tie between the candidates that received the least number of votes, then the assembly shall break the tie by voting for the tied candidates, and the name of the candidate receiving the most votes shall be added to the run-off ballot.
C. The regular term of office for the presiding officer and the deputy presiding officer begins on November 1st of the year each is elected and ends on October 31st of the following year.
D. In the event of a vacancy of the office of presiding officer or deputy presiding officer occurs, the vacancy shall be filled by holding an election at the next regular meeting of the assembly, in accordance with the rules stipulated in FNSBC 2.09.010(B)(1) through (6).
E. The chair of finance shall be selected by the presiding officer, and shall preside over all meetings of the finance committee, setting its agenda; organizing the annual budget procedures including the school district’s budget portion of the borough budget; and serving as a member of the audit committee and the capital projects committee.
F. The capital projects committee shall be comprised of the committee of the whole as organized by the presiding officer.
G. The chair of the capital projects committee shall be selected by the presiding officer, and shall preside over all meetings of the capital projects committee, setting its agenda, and organizing such procedures as are necessary to meeting annual goals. These shall include but are not limited to:
1. Capital matching grants resolution annually, to the assembly by no later than August 31st.
2. Capital projects list for assembly finance committee by no later than April 1st of each year.
3. Work with the school board and school district on all school bond issues.
4. Work with the borough administration on all other bond issues.
5. Coordinate and produce an annual capital projects list for all aspects within the Fairbanks North Star Borough, the cities of Fairbanks and North Pole, the University, service areas, DOT projects, and such other capital projects as are appropriate, by no later than November 20th of each year, preparatory to a meeting with the Interior Delegation.
6. Coordinate and produce an annual capital projects list appropriate for federal funding, annually no later than March 15th for provision to the Alaska Congressional Delegation.
H. The presiding officer’s appointment to the DOT policy committee shall also serve as a member of the capital projects committee.
I. The chair of the assembly road service area committee and two assembly members shall be appointed by the presiding officer. The chair shall preside over all meetings of the assembly road service area committee, setting its agenda, and organizing such procedures as are necessary to meet annual goals. Goals will be set annually by the chair and presiding officer.
1. Additional members of the committee shall be appointed as set out in FNSBC 14.02.030, except no member shall be appointed who is a current contractor, or who has entered into a contract in the year preceding the date of appointment, with any borough road service area.
2. The chair shall appoint one nonvoting member from the public who is a civil engineer or who shows a demonstrated knowledge of road construction. (Ord. 2009-52 § 2, 2010; Ord. 2004-70 § 2, 2004; Ord. 2004-07 § 2, 2004; Ord. 2002-36 § 2, 2002; amended during 1993 republication; amended during June 1991 supplement; Ord. 90-053 § 2, 1990; Ord. 89-090 § 2, 1989; Ord. 86-035 § 2, 1986)
2.09.020 Presiding officer and deputy presiding officer.
A. The presiding officer shall preside at assembly meetings.
B. The deputy presiding officer shall preside if the presiding officer is not present.
C. The finance chairman shall preside if the presiding officer and deputy officer are not present.
D. The presiding officer shall be a voting member of the assembly with all of the powers and duties of that office.
E. The presiding officer shall:
1. Call the assembly to order at the time appointed for the meeting;
2. Ascertain the presence of a quorum;
3. Cause the journal or minutes of the preceding meeting to be considered and approved by the assembly;
4. Lay before the assembly its business;
5. Receive business proposed by the mayor, by assemblymembers or city delegates and place the business before the assembly;
6. Place the question before the assembly and announce the results;
7. Interpret and apply these rules and decide all questions of order. A determination by the presiding officer regarding questions of order or interpretations or application of these rules shall be final, subject to an appeal of an assemblymember to the assembly. An assemblymember may appeal by moving to appeal the decision of the chair prior to commencement of the vote on the main motion under consideration, and if none, prior to commencement of action on the next item of business on the agenda. The motion to appeal shall have priority over all other motions except the motion to adjourn, and shall be considered and decided immediately. The motion shall carry if it receives a majority vote as defined in FNSBC 2.09.050, and shall result in the reversal of the ruling of the presiding officer. If the motion fails to receive a majority vote, the presiding officer’s decision shall stand;
8. Preserve order and decorum at all times;
9. Inform the assembly, when necessary or when any question is raised, of a point of order or practice pertinent to the pending business;
10. Sign and authenticate all ordinances and resolutions of the assembly;
11. Enter into written or verbal agreements with the mayor, on matters of a substantial nature or relating to administration involving both the assembly and the mayor, with the approval of the majority of the assembly obtained during a regular assembly meeting or special assembly meeting called for that purpose;
12. Perform other duties required for the orderly conduct of the assembly’s business. (Amended during 1993 republication; Ord. 90-002 § 2, 1990; Ord. 86-035 § 2, 1986)
2.09.030 Meetings.
A. The Fairbanks North Star Borough Assembly shall hold regular meetings beginning at 6:00 p.m. on alternate Thursdays of each month unless the presiding officer schedules otherwise. All regular and special meetings, committee meetings, and gatherings of more than three assemblymembers shall be public meetings. Notice of a public hearing shall be published at least five days before each regular meeting. The clerk shall cause notice of committee meetings or gatherings of more than three assemblymembers, except special meetings or special work sessions, to be published at least three business days before the meeting.
B. The presiding officer or three or more assemblymembers may cause a special meeting or special work session to be called if the presiding officer or clerk gives a majority of the assemblymembers at least 24 hours’ oral or written notice and makes reasonable efforts to notify all assemblymembers.
1. Notice of a special meeting or special work session shall include the time, location, and purpose of the special meeting and the identity of the persons calling the special meeting. A special meeting or special work session shall be noticed in the following manner:
a. Posted at the entryway of the Borough Administrative Center; and
b. Posted on the borough web page; and
c. Released in public service announcements to news media.
2. The assembly shall not transact any business at a special meeting or special work session except business relating to the purpose stated in the notice of the meeting.
C. The assembly may conduct a special meeting with less than 24 hours’ notice if all assemblymembers are present or if absent assemblymembers have waived in writing the required notice. Waiver of notice can be made before or after the special meeting is held. A waiver of notice shall be made a part of the minutes for the meeting.
D. A majority of the total membership of the assembly authorized by law constitutes a quorum. The assembly shall not transact any business if a quorum is not present.
E. The presiding officer shall establish and have charge of the calendaring of the agenda of the assembly, subject to an appeal by an assemblymember.
1. The assembly shall not transact any business not on the agenda. The presiding officer shall bring the business before the assembly in the order stated on the agenda as amended.
2. The mayor, an assemblymember, or a city representative may introduce an ordinance at a regular meeting in accordance with agenda deadlines established by the presiding officer.
3. The clerk shall cause notice of a public hearing to be published not later than five days before each regular meeting.
4. Assemblymembers may propose amendments to any business before the assembly.
5. Amendments to proposed ordinances shall be submitted in writing where practicable.
6. An ordinance takes effect as provided for in FNSBC 1.03.060. The clerk and the presiding officer of the assembly shall attest to all ordinances.
7. Business requiring assembly action may be placed on a consent agenda for approval by a single motion. Resolutions that are not policy matters may be placed for approval on the consent agenda. Ordinances to be advanced may be removed from the consent agenda by request of two assemblymembers. Other consent agenda items may be removed by request of a single assemblymember. If an item is removed from the consent agenda, it shall be considered separately as the last item of new business.
8. Resolutions concerning public policy matters that are not regular agenda items shall be advanced to the next regular assembly meeting for action by the body.
9. Items submitted to the borough clerk not later than 12:00 noon on the second Wednesday prior to the regular assembly meeting shall be placed on the assembly agenda. No further items shall be added to the agenda except by a majority vote of the assemblymembers.
Prior to any ordinance or appropriation being placed on the agenda, it shall have legal review and approval. Legal review shall occur in order of receipt.
F. The order of business at all regular meetings of the Fairbanks North Star Borough Assembly shall be as follows:
1. Call to order;
2. Nonsectarian invocation;
3. Pledge of Allegiance;
4. Roll call;
5. Approval of agenda and consent agenda:
a. Approval of consent agenda passes all items indicated by an asterisk on that agenda,
b. Consent agenda items are not considered separately except as provided in subsection (E)(7) of this section;
6. Citizen’s Comments. A citizen may speak on an agenda item that is not scheduled on the agenda for public hearing except that citizens’ comments on board of adjustment matters are not permitted. Citizens’ comments shall be heard in the manner provided in FNSBC 2.09.080(C). Citizen’s comments shall terminate at 6:50 p.m.;
7. Citizen’s comments on items that are not scheduled on the agenda;
8. Approval of minutes;
9. Communications to the assembly:
a. Bid awards,
b. Contract awards,
c. Memoranda requiring concurrence of assembly;
10. Messages from the borough mayor;
11. Reports of standing and special committees;
12. Special orders – public hearing;
13. Consideration of calendar – unfinished business;
14. Consideration of calendar – new business:
a. Resolutions,
b. Ordinances to be referred to committee or commission,
c. Ordinances to be advanced;
15. Citizen’s comments on items that are not scheduled on the agenda – continuation;
16. Assemblymember’s comments;
17. Adjournment.
G. Special Orders. The assembly shall hear all interested persons wishing to be heard prior to enactment of an ordinance. Resolutions may also be scheduled for public hearing at the request of the sponsor or the presiding officer. Public hearing shall commence at the time specified in the public notice for each meeting, which shall be 7:00 p.m. unless otherwise determined by the presiding officer. If the assembly has not completed agenda items 1 through 8 as provided in subsection (F) of this section prior to the time for commencement of special orders – public hearing, the presiding officer shall suspend action on the unfinished items and shall commence public hearing at the time specified. Unfinished agenda items shall be resumed upon completion of public hearing on all items scheduled therefor. If the assembly has completed agenda items 1 through 8 as provided in subsection (F) of this section prior to the said time for public hearings, the presiding officer may take up other agenda items or may recess the assembly. In all cases, special orders – public hearing items shall be considered beginning at the time specified in the public notice for each meeting. Public hearing shall be heard in the manner provided in FNSBC 2.09.080 and this section. For each individual public hearing item, the order shall be:
1. Staff report (no assemblymember questions permitted);
2. Public testimony;
3. Debate and questions of staff;
4. Vote or other action.
H. Ordinances to be Referred to Committee or Commission.
1. Ordinances scheduled for first reading may be referred under consent to a committee or commission for review prior to introduction and advancement. The committee or commission to which the ordinance is assigned will have 90 days or a date specified by the assembly to review and recommend back to the assembly action or amendments. If the ordinance is not referred back to the assembly within the time limit specified, or by another date specified by the assembly, the sponsor may ask the ordinance to be placed on the consent agenda for advancement to a public hearing. After an ordinance has been reviewed by a committee or commission, it will be placed on the consent agenda under the heading new business – ordinances to be advanced, and advanced to a date certain for a public hearing.
2. Within 30 days after receipt of any capital improvement bond proposition requested by the school board, the presiding officer shall schedule and hold a joint work session with the assembly capital projects committee and the school board for the purpose of discussing the requested capital improvement projects. No ordinance providing for a school capital improvement bond proposition shall be introduced and advanced prior to this joint work session.
I. The original sponsor of an ordinance may request that an ordinance not be advanced for public hearing by signing a withdrawal notice prior to agenda closing in the office of the borough clerk.
J. Except as provided in this subsection, the assembly shall not transact any business after 11:30 p.m. and before 7:00 a.m.:
1. By majority vote the assembly may extend a meeting and transact business after 11:30 p.m. and before 7:00 a.m. if the business transacted is the adoption of the borough budget or of the resolution establishing the amount which will be made available from local sources for education. After completion of said action, the assembly shall recess or take up other business.
2. This rule does not apply to a special meeting called in accordance with FNSBC 2.09.030(C).
K. By majority vote the assembly may recess from a public meeting work session, or other gathering of the assembly to an executive session if the assembly considers no business during the executive session except those subjects mentioned in the motion calling for the executive session and if the executive session is to discuss:
1. Subjects, the immediate knowledge of which would clearly have an adverse effect on the finances of the borough; or
2. Subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion; or
3. Subjects which by law, borough charter, or ordinances are required to be confidential;
4. Subjects involving consideration of government records that by law are not subject to public disclosure.
The motion to convene in executive session must clearly and with specificity describe the subject of the proposed executive session without defeating the purpose of addressing the subject in private. The assembly shall not take official action in an executive session, except to give direction to an attorney or labor negotiator regarding the handling of a specific legal matter or pending labor negotiations. The executive session shall be attended only by the voting members of the assembly and by such other persons as the presiding officer shall deem necessary.
L. The agenda for regular meetings shall be public information and the clerk shall cause the agenda to be published not later than 48 hours before the meeting.
M. The clerk shall make the agenda for a regular meeting available for each assemblymember and the mayor not later than 72 hours before the meeting.
N. The agenda may be amended at any time, as provided in these rules, or otherwise in the discretion of the presiding officer or the assembly.
O. Public notice of a regular meeting, committee meeting, or gathering of more than three assemblymembers, except a special meeting or special work session, shall be published in the following manner:
1. Posted at the entryway of the Borough Administrative Center;
2. Printed in the Fairbanks Daily News-Miner “Borough News” or other display advertisement; and
3. Posted on the borough web page.
P. All assemblymembers shall be notified of all regular meetings, committee meetings and other gatherings of the more than three assemblymembers. Reasonable efforts shall be made to notify all assemblymembers of special meetings and special work sessions. (Ord. 2004-58 § 2, 2004; Ord. 2004-55 § 2, 2004; Ord. 2001-01 § 2, 2001; Ord. 2000-01 § 2, 2000; amended during 1993 republication; amended during June 1991 supplement; Ord. 90-001 § 2, 1990; Ord. 89-095 § 2, 1989; Ord. 86-088 § 2, 1986; Ord. 86-035 § 2, 1986)
2.09.040 Committees.
A. The assembly may create standing and special committees. The presiding officer shall appoint committee members and designate the committee chairman.
B. A majority of those committee members appointed by the presiding officer shall constitute a quorum.
C. The committee chairman shall see that the committee acts on all business referred to it and reports back to the assembly as soon as practicable. The committee chairman shall file with the clerk a record of the actions taken by the committee.
D. Any assemblymember may attend, participate, debate and vote at any finance committee meeting, but an assemblymember who was not appointed to the finance committee shall not be counted in determining the presence of a quorum. Any assemblymember may attend, participate and debate but not vote at any other committee meeting.
E. A majority of the votes cast on the question shall be required to adopt any motion or other matter brought before a committee.
F. The clerk shall cause reasonable public notice of a committee meeting to be given. (Ord. 2011-23 § 2, 2011; Ord. 86-035 § 2, 1986)
2.09.050 Assembly voting.
A. The title to an ordinance shall be included on the agenda and read before a public hearing is held and before a vote is taken. The clerk shall make copies of each ordinance available to all persons present at each meeting at which it is considered. If said copies are not available the ordinance shall be read in full.
B. Each assemblymember present shall vote on every question, unless required to abstain from voting on a question by a code of ethics adopted by ordinance or by the laws of the state of Alaska.
C. The presiding officer shall not allow an assemblymember to explain his vote or discuss the question while the “yeses” and “noes” are being called.
D. On completion of the roll call, the presiding officer shall ask if any assemblymember desires to change his vote and if an assemblymember does change his vote then the changed vote will be the assemblymember’s final vote on the question and the vote used to determine the results of the roll call. An assemblymember may only change his vote once on any given question. The final vote of each assemblymember on votes to adopt an ordinance shall be recorded “yes” or “no.” The final vote of each assemblymember on votes to adopt resolutions or substantive motions shall be recorded as “yes” or “no,” except that if the vote is unanimous it may be recorded “unanimous.”
E. The presiding officer shall then announce the number of “yes” votes, the number of “no” votes and whether the question has carried or has failed. No vote may be changed after the presiding officer commences the announcement.
F. At least a majority vote shall be required to carry any question.
G. A majority vote shall be five votes. A two-thirds vote shall be six votes. (Ord. 2004-58 § 3, 2004; Ord. 86-035 § 2, 1986)
2.09.060 Conduct of debate and discussion.
A. When desiring to speak at an assembly meeting, the borough mayor, an assemblymember or a city representative delegate, shall respectfully address the chair, and shall refrain from speaking until recognized.
B. The presiding officer shall determine who shall speak first when two or more persons request recognition at the same time.
1. Each assemblymember shall have at least one opportunity to speak on each item before the assembly for a vote.
2. The assemblymember who introduced the ordinance or resolution may speak first and last.
C. The presiding officer shall preserve order and decorum at all times and shall make such rulings as may be necessary to preserve order and decorum. The presiding officer shall instruct the members of the public that the time available for public testimony will be limited as provided in these rules.
D. The presiding officer’s ruling on any matter shall stand unless an assemblymember challenges the ruling and the challenge is approved by a majority vote.
E. An assemblymember shall limit himself to speaking on the subject under debate and shall not refer to any other assemblymember except in a respectful manner. An assemblymember shall not impugn the motive of another assemblymember’s vote or argument.
F. The assembly shall be at order and shall not carry on private conversations when an assemblymember is speaking.
G. If an assemblymember transgresses the rules of the assembly, the presiding officer shall call him to order or another assemblymember may rise to a point of order. The assemblymember called to order shall immediately cease the action for which he was called to order. The presiding officer or assemblymember rising to a point of order shall state the offense committed and the assemblymember called to order shall then explain or justify his actions. The presiding officer shall then rule on the point of order.
H. The assemblymember making a motion on a subject before the assembly shall be given the opportunity to begin debate on the motion, but if the assemblymember making the motion does not begin debate then any assemblymember may do so.
I. The assembly may amend, repeal, rescind or reconsider an ordinance by enacting another ordinance.
J. A motion to reconsider may be applied to any ordinance, resolution, or action of the assembly and has precedence over all motions except the motion to adjourn. An assemblymember may make a motion to reconsider only if:
1. The assemblymember voted with the prevailing side on the question to be reconsidered. If an ordinance, resolution, or other action which is the subject of a motion to reconsider was not adopted on initial consideration because it did not receive the required number of yes votes, then those assemblymembers voting no shall constitute the prevailing side, regardless of the relative number of yes and no votes cast on the question. An assemblymember who changes his vote in accordance with these rules shall be a member of the side on which his vote is finally recorded by the clerk; and if
2. The assemblymember makes the motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken. Such a motion for reconsideration requires a two-thirds vote to carry; or if
3. The assemblymember files with the clerk not later than 5:00 p.m. on the first borough business day following the day on which the vote was taken, a notice of intent to reconsider and then makes the motion to reconsider at the next regular assembly meeting. The assemblymember can file by telephone; provided, that the notice of intent to reconsider is signed before the motion is considered. Such a motion for reconsideration requires a majority vote to carry. An assembly meeting which is recessed and reconvened on a different day shall constitute one meeting. The reconvened session of such a meeting shall not constitute the next regular assembly meeting as that term is used in this section.
Only one motion to reconsider shall be entertained on any ordinance, resolution or other action even if the assembly overturns the original action.
If a motion to reconsider a particular ordinance, resolution, or other action fails, a second motion to reconsider the same action shall not be in order.
K. A motion to rescind may be applied to any previously adopted ordinance, resolution, or action of the assembly except:
1. When the question could be reached by a motion to reconsider; or
2. When something has been done, as a result of the vote on the main motion, that is impossible to undo or persons have otherwise reasonably relied on the vote to their detriment. (The unexecuted part of an action, however, can be rescinded); or
3. When the matter is in the nature of a contract, and the other party has been informed of the vote; or
4. When a resignation has been acted upon, or a person has been elected to or expelled from membership or office, and the person was present or has been officially notified of the action.
A motion to rescind may be made at any subsequent assembly meeting and there is no time limit on when the motion can be made. A pending motion to rescind shall effect the validity of an ordinance, resolution, or other action. A motion to rescind shall not be renewed during the same meeting at which it was made, but it may be reconsidered in the same manner as any other main motion.
A motion to rescind yields to all privileged, subsidiary and incidental motions and it requires the same vote as that required to pass the previously adopted action. There shall be no more than one motion to rescind on a question. If the motion to rescind passes, the question on the main motion is automatically before the assembly for further action, including amendment. (Ord. 2000-01 § 3, 2000; amended during 1993 republication; amended during June 1991 supplement; Ord. 86-035 § 2, 1986)
2.09.070 Employees.
The employees of the assembly shall be the clerk, deputy clerk, legislative analyst and others required by ordinance.
They shall be appointed and discharged, and their salaries set by a majority vote of the assembly. (Ord. 86-035 § 2, 1986)
2.09.080 Rules for public testimony.
A. Rules Applicable to Citizens’ Comments. Citizens’ comments shall be heard in the manner provided in subsections (A) and (C) of this section. Each person’s comments shall be limited to three minutes unless a different time is designated by the presiding officer. A person who has previously spoken at a meeting during citizens’ comments may not speak again unless all other persons desiring to speak have been heard and time scheduled for citizens’ comments remains available. A person speaking a second time may only do so for one minute, unless the presiding officer designates a different time.
B. Rules Applicable to Public Hearing.
1. The presiding officer shall permit all persons desiring to speak on an item scheduled for public hearing to speak for not more than three minutes when the item is called. The person who has signed an application to rezone real property, or his representative, may speak during public hearing on the rezone request for not more than 10 minutes.
2. The presiding officer may alter the times specified in this subsection, so long as the alteration does not unreasonably deny any person an opportunity to speak at the public hearing.
3. The clerk shall make available sign-up sheets on which persons desiring to speak on items scheduled for public hearing may indicate their desire. The presiding officer shall request comments from persons in the order in which they have signed up on said sheets, and then shall take comments from all other persons desiring to make them.
4. No person who has previously spoken during the public hearing on a particular item may speak again unless all other persons desiring to give testimony at the public hearing have spoken. A person speaking for a second time shall give testimony for not more than one minute, unless the presiding officer designates a different time.
5. No person may speak on an item after public hearing on that item has terminated, unless the presiding officer determines otherwise.
C. Rules Applicable to Both Citizens’ Comments and Public Hearings.
1. No person shall speak during an assembly meeting until that person is recognized by the presiding officer. Upon recognition that person shall position himself or herself as directed by the presiding officer and shall state his or her full name, spelling the last name, and address.
2. All persons shall immediately cease speaking when notified by the presiding officer that the allotted time has expired.
3. Citizens giving testimony may ask questions of the assemblymembers or the mayor during their testimony on a public hearing item. The presiding officer may request an answer to a factual question from a citizen, asked during the three minutes of testimony, should the question and answer be useful to the item at issue, or desirable for public understanding of the issue, in the view of the presiding officer. Assemblymembers or the mayor may ask questions of citizens giving testimony. Assemblymembers shall refrain from using question formats to engage in discussion or statements to the person testifying. The time allotted to a citizen for public testimony shall be extended automatically to provide additional time which is reasonably sufficient to answer all questions posed by the assemblymembers and the mayor.
4. All writings, photographs, plats, maps or other items presented by a citizen during public testimony for consideration by the assembly shall be retained by the clerk and affixed to the record of the proceedings.
5. Citizens may present written testimony by filing said testimony with the clerk at or before the time scheduled for public hearing on the item or the time scheduled for citizens, comments if the item is not scheduled for public hearing.
D. A citizen, acting alone or with a group, shall not disrupt an assembly meeting. (Ord. 2000-01 § 4, 2000; amended during 1993 republication; Ord. 86-035 § 2, 1986)
2.09.090 Interpretation, application, and suspension of assembly rules of procedure.
A. FNSBC 1.03.060, 2.08.040, and this chapter comprise the rules of procedure of the assembly, which is a legislative body vested by law with the legislative power of the borough. As such, the presiding officer’s decision on a question of interpretation or application of these rules of procedure shall be final, unless overturned by the assembly as provided in these rules, in which case the assembly’s decision shall be final, and no action or proceeding to challenge the validity of said final decision shall lie in any judicial or other forum.
B. Any procedural question concerning the functioning of the assembly which is not addressed in these rules shall be governed by Robert’s Rules of Order. However, if any provision of these rules shall conflict with a provision of Robert’s Rules of Order, these rules shall control. The clerk shall maintain a copy of Robert’s Rules of Order which shall be the official edition utilized by the assembly.
The clerk shall change editions from time to time, as he or she deems necessary, in order to keep the assembly’s rules reasonably updated.
C. Except as otherwise provided in these rules, the assembly may suspend the application of these rules to a particular item of business or until a time certain by vote of a two-thirds majority. If the duration of the suspension of the rules is not limited as provided above, the suspension shall remain in effect for the duration of the meeting at which the rules were suspended. If a meeting is recessed and reconvened on another day, the suspension shall remain in effect at the reconvened meeting. The assembly may reinstate the rules at any time by vote of a two-thirds majority. (Amended during 1993 republication; amended during June 1991 supplement; Ord. 86-035 § 2, 1986)
2.09.200 Representation of assembly position.
A. The official position of the assembly is that taken as a result of debate and vote, with the prevailing majority forming the official position.
B. Views and opinions of individual members of the assembly are not the official position of the assembly.
C. The presiding officer may authorize a member of the assembly to serve as the official assembly spokesperson on a given issue. (Ord. 2003-34 § 2, 2003)