Chapter 2.20
COUNCIL PROCEDURE
Sections:
2.20.030 Meetings to be public.
2.20.070 Committees and commissions.
2.20.100 Rules of decorum for meetings.
2.20.110 Parliamentary procedure.
2.20.010 Regular meetings.
Generally, the mayor and common council will hold regular meetings on the second and fourth Thursdays of each month. All regular meetings will be held at 7:00 p.m., in the council chambers at Town Hall. The mayor and common council may cancel or reschedule regular meetings due to holidays and other special events. The town manager shall present a recommended meeting schedule to the mayor and council each fiscal year. (Ord. 18-17 § 1, 2018; Ord. 09-02, 2009; Ord. 84-12, 1984; prior code § 2-4-1)
2.20.020 Special meetings.
The mayor may convene the council at any time. Whenever a special meeting shall be called, a summons or a notice in writing signed by the mayor shall be served upon each member of the council either in person or by notice sent to their town issued email addresses, stating the date and hour of the meeting and the purpose for which such meeting is called, and no business shall be transacted thereat, except such as is stated in the notice. If the mayor is absent from the town, a special meeting may be convened in a similar manner by a majority of the council. Notice of any such meeting shall be provided to the public in the manner required by state law. (Ord. 15-04 § 1, 2015; prior code § 2-4-2)
2.20.030 Meetings to be public.
All proceedings of the council shall be open to the public, except that upon approval by a majority vote of the council, the council may meet in a closed executive session as provided by state law. (Prior code § 2-4-3)
2.20.040 Quorum.
A majority of the councilmen shall constitute a quorum for transacting business, but a lesser number may adjourn from time to time and compel the attendance of absent members. (Prior code § 2-4-4)
2.20.050 Agenda.
A. Prior to each council meeting as directed by council policy, the clerk shall collect all written reports, ordinances, resolutions, contracts and other documents to be submitted to the council, and prepare an agenda according to the order of business and shall furnish each council member, the mayor and the attorney with a copy. The agenda shall be made available to the public in the manner required by state law.
B. The mayor and town council direct the town clerk to authorize the town secretary to post agendas for regular and special meetings as well as executive sessions and work sessions at the following locations: the town’s website; Town Hall, inside and outside; the Huachuca City Police Station; the library and/or senior center and the Huachuca City Post Office. (Ord. 15-04 § 2, 2015; amended during 2015 recodification; Res. 03-017, 2003; prior code § 2-4-5)
2.20.060 Order of business.
A. The order of business for meetings of the council shall be established by resolution of the council, and may be amended from time to time, as determined by the council.
B. Consent Agenda.
1. The consent agenda lists items that are of such a nature that discussion is not required, or concerns issues that have been previously studied by the town council. These items may be adopted collectively by one motion.
2. There is no detailed discussion on items listed under the consent agenda, unless a member of the council requests that an item or items be removed for discussion. Councilmembers may ask questions without removal of an item from the consent agenda.
3. Items removed from the consent agenda are considered in their normal sequence as listed on the agenda, unless called out of sequence as provided herein.
C. Open Meeting Law Compliance. The town attorney shall be consulted before posting of agendas to ensure compliance with the open meeting statutes, ARS Section 38-431 et seq. (Ord. 18-19 § 1, 2018; Ord. 18-03 § 1, 2018; amended during 2015 recodification; Ord. 14-02 § 1, 2014; Ord. 03-005 § 1, 2003; Ord. 01-018 § 1, 2001; Ord. 01-005 § 1, 2001; prior code § 2-4-6)
2.20.070 Committees and commissions.
The council may create such committees and commissions, standing or special, as it deems necessary. They shall consist of as many members and shall perform such duties as the council may require and shall exist at the pleasure of the council. (Prior code § 2-4-7)
2.20.080 Voting.
The mayor shall vote as a member of the council. The vote of every individual, on every issue that is voted upon, shall be included in the minutes. Unless a member of the council states that he is not voting, his silence shall be recorded as a vote with the majority. (Prior code § 2-4-8)
2.20.090 Suspension of rules.
Any of the provisions of this chapter may be temporarily suspended in connection with any matter under consideration by a recorded vote of three fourths of the members present, except that this section shall not be construed to permit any action that is contrary to state statutes. (Prior code § 2-4-9)
2.20.100 Rules of decorum for meetings.
A. Decorum. Meetings of the city council shall be conducted in an orderly manner to ensure that the public has a full opportunity to be heard and that the deliberative process of the council is retained at all times. The presiding member of the council, who shall be the mayor, mayor pro tempore or, in their absence, other member so designated by the council, shall be responsible for maintaining the order and decorum of meetings.
B. Rules of Decorum. While any meeting of the city council is in session, the following rules of order and decorum shall be observed:
1. Council Members. The members of the city council shall preserve order and decorum, and a member shall not by conversation or other means delay or interrupt the council proceedings or disturb any other member while speaking.
2. City Staff Members. Employees of the city shall observe the same rules of order and decorum as those which apply to the members of council.
3. Persons Addressing the Council. Public oral communications at the city council meetings should not be a substitute for any item that can be handled during the normal working hours of the municipal government. The primary purpose of oral communications is to allow citizens the opportunity to formally communicate with the city council as a whole, for matters that cannot be handled during the regular working hours of the city government. Each person who addresses the council shall do so in an orderly manner and shall not make personal, impertinent, slanderous or profane remarks to any member of the council, staff or general public. Any person who makes such remarks, or who utters loud, threatening, personal or abusive language, or engages in any other disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of any council meeting shall, at the discretion of the presiding member or a majority of the council, be barred from further audience before the council during that meeting.
4. Members of the Audience. No person in the audience at a council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, whistling, stamping of feet or other acts which disturb, disrupt or otherwise impede the orderly conduct of any council meeting. Any person who conducts himself in the aforementioned manner shall, at the discretion of the presiding member or a majority of the council, be barred from further audience before the council during that meeting.
C. Addressing the Council. At the discretion of the council, a person wishing to address the council regarding an item which is on the council meeting agenda shall submit a request on the form provided, or he or she may seek recognition by the presiding member of the council during discussion of any such item. Persons wishing to discuss a nonagenda item may seek recognition by the presiding member during the oral communications portion of the meeting. No person shall address the council without first being recognized by the presiding member. The following procedures shall be observed by persons addressing the council:
1. Each person shall step to the podium provided for the use of the public and shall state his or her name and address; the organization, if any, which he or she represents; and, if during the oral communications portion of the meeting, the subject he or she wishes to discuss.
2. During the oral communications portion, any subject which is not deemed relevant by the council shall be concluded.
3. Each person shall confine his or her remarks to the council agenda item or approved oral communications subject being discussed.
4. Each person shall limit his or her remarks to three minutes, unless further time is granted by the council.
5. All remarks shall be addressed to the council as a whole and not to any single member thereof, unless in response to a question from such member.
6. No question may be asked of a member of the council or of the city staff without permission of the presiding member.
7. At the conclusion of an open call to the public, individual members on council may respond up to three minutes (unless further time is granted by the presiding member) to criticism made by those who have addressed the council as a whole, may ask staff to review a criticism or may ask that a matter be put on a future agenda. However, individual members of the council shall not discuss or take legal action on matters raised during an open call to the public unless the matters are properly noticed for discussion and legal action.
D. Enforcement of Decorum. The rules of decorum set forth above shall be enforced in the following manner:
1. Warning. The presiding member shall request that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the presiding member, a person persists in disturbing the meeting, the presiding member shall order him or her to leave the council meeting. If such person does not remove himself or herself, then pursuant to ARS Section 13-3804, the presiding member may order any law enforcement officer who is on duty at the meeting as sergeant-at-arms of the council to remove that person from the council chambers.
2. Removal. Any law enforcement officer who is serving as sergeant-at-arms of the council shall carry out all orders and instructions given by the presiding member for the purpose of maintaining order and decorum at the council meeting. Upon instruction of the presiding member, it shall be the duty of the sergeant-at-arms to remove from the council meeting any person who is disturbing the proceedings of the council.
3. Resisting Removal. Any person who resists removal by the sergeant-at-arms shall be charged with a violation of this section.
4. Penalty. Any person who violates any provision of this section shall be guilty of a class one misdemeanor pursuant to ARS Section 13-2904.
5. Motion to Enforce. If the presiding member of the council fails to enforce the rules set forth above, any member of the council may move to require him or her to do so, and an affirmative vote of a majority of the council shall require him or her to do so. If the presiding member of the council fails to carry out the will of a majority of the council, the majority may designate another member of the council to act as presiding member for the limited purpose of enforcing any rule of this section which it wishes to enforce.
6. Adjournment. If a meeting of the council is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration of order, the meeting may be adjourned or continued by the presiding member or a majority of the council, and any remaining council business may be considered at the next meeting. (Ord. 03-010, 2003; prior code § 2-4-10)
2.20.110 Parliamentary procedure.
The town council shall use Webster’s New World Third Edition of Robert’s Rules of Order as the prevailing parliamentary procedure for conducting meetings of the town council. (Res. 15-03, 2015)