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Home My WebLink About2018 Ordinance No. 005ORDINANCE NO. 5 SERIES OF 2018 BY AUTHORITY COUNCIL BILL NO. 9 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE AMENDING TITLE 1, CHAPTER 5, SECTION 1-5-2-8 OF THE ENGLEWOOD MUNICIPAL CODE 2000, ADOPTING "BOB'S RULES OF ORDER" AS THE RULES OF PROCEDURE GOVERNING MEETINGS OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Efficient and well run public meetings are a necessity for local government to assure all scheduled business is accomplished, voices are equally heard, and differences of opinion are aired amicably; WHEREAS, The City Council of the City of Englewood has reviewed "Bob's Rules of Order", a simplified set of rules of parliamentary procedure developed by Robert Widner to more effectively manage local government meetings and decision-making within Colorado; and WHEREAS, Englewood City Charter Section 27 provides that "Council shall by ordinance prescribe the rules of procedure governing meetings". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Title 1. Chapter 5. Section 1-5-2-8. Title 1, Chapter 5, Section 1-5-2-8 of the Englewood Municipal Code shall be amended as follows: 1-5-2-8: Rules of Debate and Parliamentary Procedure. A. Presiding Officer. The Mayor or such other member of the Council as may be presiding, may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members, and shall not be deprived of any of the rights and privileges of a Councilman by reason of his acting as the presiding officer. B. Gelling the Floor. Every member desiring to speak shall address the chair, and upon recognition by the presiding officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. C. Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call him to order, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order be determined and if in order, he shall be permitted to proceed. D. Privilege of Closing Debate. The Councilman moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. 1 E. Molion Jo Reconsider. A motion to reconsider any action taken by the Council may be made at any time, subject only to the following limitations. Passage of an ordinance may be reconsidered at any time prior to the time such ordinance becomes effective. Any action of the Council having as its ultimate purpose the vesting of any contractual or quasi-contractual right may be reconsidered at any time before the actual vesting of such right. A motion to reconsider must be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions or while a member has the floor; it shall be debatable. Nothing herein shall be construed to prevent any member of the Council from making or remaking the same or any other motion at a subsequent meeting of the Council. F. Remarks £mered in Minules. A Councilman may request, through the presiding officer, the privilege of having an abstract of his statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes. G. Synopsis of Debate. The Clerk may be directed by the presiding officer, with the consent of the Council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Council. H. Rules of Order. There is hereby adopted by reference by the City of Englewood. Colorado, for ~JJf])ose of establishing rules of procedure for 1toveming meetings in accordance with Charter Section 27 Robert's Rt:1les of Order Bob's Rules of Order (2013). as written and distributed by Robert C, Widner, 13133 E, Arapahoe Road, Suite I 00. Centennial. Colorado fillil2..____Bob's Rules of Order (2013). including those amendments set forth below. shall govern the procedure of the meetings of the City Council in all cases where applicable and where not inconsistent with the Charter or the rules and procedures herein fixed by the Council or other provisions of this Code. One copy of Bob's Rules of Order [version 1-181, with amendments as adopted. shall be provided to each member of the City Council. the City Manager, the City Attorney. and the City Clerk upon adoption, and at the first meeting in January thereafter, and slllllLalso be made available to the public for inspection at the office of the City Clerk. and may be posted to the City's website with the permission of the author, All amendments as set forth herein shall be incomorated into B.J:!b's Rules of Order (2013) and known as "Bob Rules of Order [ version 1-181". Version numbers shall be updated to correspond to each modification to the rules of order adopted by the City Council. Amendments to Bob's Rules of Order (2013) shall be as follows: I. Inclusion of a privileged motion entitled "Point of Decorum". a. Point of Decorum is a request of a member, requiringJI second. for the body as a whole to review an act of a memru:r__fur conformance with the rules of Decorum..J!S such rules have been established, and adopted by. the body as a whole. It shall require approval by a majority of the quorum present. It shall not be debatable. b. An example of the use of a Point of Decorum shall also be included. 2, Modification of the rule regarding abstention. 2 }le Al:Jsteatiea. AA uae?misee meml:Jer' s ;•ote to "abstaia" or other similar deelaration other than "aye" or "aay" shall be reeerded as a 4 'nay" ,•etc en the peneliHg motioA or matter. Abstentions. Abstentions shall not be counted as either a vote in favor or against the proposition before the body. • A member declaring a conflict of interest in regard to a matter pending___before the body and thereafter abstaining from the discussion and vote may not leave the room and does not changeguorum for pumoses of establishing a valid meeting of the body. • If, after a member declares__a~tlict of interest, the remaining members of the bQdy eligible to act upon the matter do not egµal LCIYQrYm, the matter should be tabled to the next regular meeting at which a gw1amL_u,J_m~mbm is available to decide the matter. unless immediate action is neces.sary and prQrurr, This rule shall be construed to weigh against allowing less than a quorum of the membership to act upon a matter before the body. Section 2. The following general provisions shall apply to interpretation and application of this Ordinance: A. Scvcrability, If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. 3 Introduced, read in full, and passed on first reading on the 19th day of March, 2018. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 22nd duy of March, 201 7. Published as a Bill for an Ordinance on the City's official website beginning on the 21 st day of March, 2017. Read by Title and passed on final reading on the 2nd day of April, 2018. Published by Title in the City's official newspaper as Ordinance No. 5, Series of 2018, on the 5th day of April, 2018. Published by title on the City's official website beginning on the 4th day of April, 2018 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Rita Russell, Mayor Pro Tern ATTEST: I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 5, Series of 2018. Stephanie Carlile 4