Loading...
HomeMy WebLinkAbout2017-12-18 (Regular) Meeting Agenda Packet Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. 1000 Englewood Pkwy – Community Room Englewood, CO 80110 AGENDA Special Meeting Monday, December 18, 2017 ♦ 5:30 PM I. Holiday Dinner and Training a. 5:30 p.m. - Council Holiday dinner will be at 4 G's Restaurant. b. 7:00 p.m. - Council training with Bob Widner regarding procedures and rules of order for meetings. Bobs Rules of Order Training Power Point Page 1 of 135 This document contains excerpts from previously copyrighted material and in this form is also protected by copyright. Permission for reasonable use can be requested by contacting the author, Robert C. Widner at rwidner@wmcattorneys.com or 13133 E. Arapahoe Road, Suite 100, Centennial, Colorado 80112. © 2013 Robert C. Widner Page 1 “Bob’s Rules of Order” Robert (Bob) Widner Excerpts from Colorado Handbook for Effective Local Government Meetings (Publication Pending) Introduction Efficient and well run public meetings are a necessity for local government. An efficient and well run meeting allows all scheduled business to be accomplished, voices to be equally heard, and differences of opinion to be aired amicably. Whether the meeting issues are deeply challenging and emotional or simply ministerial and non-confrontational, a well-run meeting leaves all participants feeling that the decisions made during the meeting are the product of fairness, equality, and respect. Poorly run meetings can undermine confidence in local government by allowing a perceived inequality among participants when engaged in debate and discussion, injecting conflict and argument between the participants, and adding confusion to the decision making process and uncertainly in the eventual decision. Unfortunately, efficient and well-run meetings for many Colorado local governments may be the exception and not the rule. The seminal handbook, Roberts Rules of Order, is perhaps the most widely known set of rules designed to facilitate and manage meetings. Beginning with the pocket handbook first drafted in 1878, and with significant rewriting and amendment since that time, Roberts Rules of Order has evolved into a complex set of rules intended to organize large meetings of every type. Due to the sheer volume and complexity of Roberts Rules of Order, it is unreasonable for all meeting participants to fully comprehend and gain a working knowledge of Roberts Rules of Order. As a result, Roberts Rules of Order is often ineffective for use in conducting the meetings of local government. “Bob’s Rules of Order” is intended as a simplified set of rules better suited to manage local government meetings and decision-making within Colorado. Although Bob’s Rules of Order calls upon the basic concepts offered by Robert’s Rules, Bob’s Rules pares down the available motions to those essential to advance the goal of running an efficient public meeting for Colorado local government. Key Terminology Amendment (or to Amend) - An amendment is a motion to change, to add words to, or to omit words from, a pending main motion. The change is usually to clarify or improve the wording of the original motion and must, of course, be germane to that motion. Body – The formally constituted organization commissioned with the obligation and duty to act on behalf of the local government. Page 2 of 135 This document contains excerpts from previously copyrighted material and in this form is also protected by copyright. Permission for reasonable use can be requested by contacting the author, Robert C. Widner at rwidner@wmcattorneys.com or 13133 E. Arapahoe Road, Suite 100, Centennial, Colorado 80112. © 2013 Robert C. Widner Page 2 Chairperson – The person appointed or elected to preside over the meeting. Floor – The privilege or right to speak to the body. Member – A person appointed or elected to hold office as a recognized participant of the body. Motion – A formal proposal seeking specific action by the body typically preceded by the words “I move that ...” Motions are generally introduced by voice but may be presented in writing. Moving Party – The Member presenting a motion or point for action by the body. Out of Order – An act or action that fails to comport with these Rules of Order Point – A declaration of a member addressed to the chairperson requesting to bring before the body a matter for immediate decision or resolution. There are three recognized points: (1) Point or Order; (2) Point of Information; and (3) Point of Appeal. Second – An oral declaration by a Member to express that a motion offered to the body should receive debate or discussion. General Rules Governing the Meeting • Floor Required to Address Body. Except when raising a Point (Point of Order, Point of Information, or Point of Appeal), a Member must first be recognized by the Chairperson and be given the floor in order to address the Body. • Time Limit for Floor. A Member’s right to the floor should be limited to five (5) minutes. A Member may request that the Chairperson grant additional time. Such request should customarily be granted by the Chairperson unless the Chairperson determines that other Members are waiting to be recognized to obtain the floor or that meeting efficiency necessitates that the requested extension be denied. When one Member is denied a request for an extension of time to speak, no other Member shall be granted an extension of time for the same agenda item. • Limitation on Obtaining Floor. A Member should only speak once to any motion under debate until such time that all others seeking the floor have been provided an opportunity to speak to the motion. • No Interruptions or Side Discussions. In order to maintain a clear recorded meeting record, only one person shall speak at any one time. Interrupting a person who has the floor or engaging in side discussions while another person has the floor is out of order. • Second Required for Debate. All motions must receive a second before debate or discussion may begin. A second does not connote approval of the motion but only that the Member offering the second supports fuller discussion of the motion. • Chairperson Discretion. The Chairperson may independently decide to deviate from the Rules of Order in order to increase meeting efficiency and to best enable Page 3 of 135 This document contains excerpts from previously copyrighted material and in this form is also protected by copyright. Permission for reasonable use can be requested by contacting the author, Robert C. Widner at rwidner@wmcattorneys.com or 13133 E. Arapahoe Road, Suite 100, Centennial, Colorado 80112. © 2013 Robert C. Widner Page 3 full and informed discussion of a matter before the Body. However, such independent action by the Chairperson remains subject to a Point of Order and Point of Appeal through which a Member can bring the meeting into full compliance with the Rules of Order. • Voting: Vote Requirement. A majority vote of the quorum present is required for any motion unless a different requirement is set by these Rules of Order or by applicable law. For example, a supermajority (2/3rds of quorum present) is required for a Motion to Call the Question pursuant to these Rules of Order and a supermajority (2/3rds of a quorum present) is required for a motion for executive session pursuant to the Colorado Open Meetings Law (C.R.S. § 24-6-402(4)). Aye or Nay Vote Required. A vote of aye or nay (or another form of affirmative or negative declaration such as “yes” or “no”) shall be taken upon motions. Every Member, when present, must vote aye or nay unless: (1) The Member is excused by the Chairperson due to the Member’s declaration of a conflict of interest at the introduction of the agenda item or immediately upon discovery of a legally recognized conflict of interest; or (2) The Member is excused by the Chairperson because the member is without sufficient information upon which to enable an informed vote due to an absence at a prior meeting, e.g., the member did not attend the meeting for which meeting minutes are moved for approval. No Abstention. An unexcused member’s vote to “abstain” or other similar declaration other than “aye” or “nay” shall be recorded as a “nay” vote on the pending motion or matter. No Explanation of Vote. Members shall not explain their vote except during discussion and deliberation prior to the calling of the vote on the question. Any attempt to explain a vote or to condition the vote immediately prior to casting the vote is out of order. Meeting Notice, Minutes, and Recording of Meetings A. Notice The most effective meetings involve active participation by varying viewpoints and opinions. Participation is best achieved through adequate and reasonable notice given to interested parties. Notice of a meeting should include information that would clearly inform the layperson of the date, time, place, and general purpose of the meeting. Page 4 of 135 This document contains excerpts from previously copyrighted material and in this form is also protected by copyright. Permission for reasonable use can be requested by contacting the author, Robert C. Widner at rwidner@wmcattorneys.com or 13133 E. Arapahoe Road, Suite 100, Centennial, Colorado 80112. © 2013 Robert C. Widner Page 4 It is often surprising for some to learn that state law requires relative little notice to the public of local government meetings where business may be conducted. In fact, absent any local rules or practices requiring greater notice, most meetings can be conducted, and important public business accomplished with as little as 24 hours’ notice posted at some general location in the community that is annual designated and could include a local bulletin board.1 Locally adopted rules can greatly aid in the effort of providing greater notice to inform the community of meetings. Municipalities should consider establishing minimum notice requirements and, if desired non- mandatory or “courtesy” notice guidelines with the understanding that failure to comply with the mandatory requirements may undermine the ability to conduct a meeting or, at worst, invalidate action taken during a meeting held without compliance with the required notice. Chairperson’s Privileges & Duties • Chairperson to Direct Meeting. The Chairperson is privileged to act as the director of the meeting. The Chairperson shall seek to clarify the actions pending before the Body during the meeting and prior to a vote. For example, the Chairperson is encouraged to restate motions, announce expectations for the meeting agenda, and recommend to the Body the proper procedure or rules for a particular course of action. The Chairperson has a continuing right to the floor although, like any other member, shall be held to compliance with the Rules of Order. • Chairperson as Parliamentarian. The Chairperson is the meeting parliamentarian and shall decide all questions of process and procedure. Such decisions are subject to appeal by a Point of Appeal. The Chairperson may consult with the Body’s legal counsel or administrative staff to assist in rendering decisions regarding the application of the Rules of Order. • Chairperson as Facilitator of Discussion. As the meeting director, the Chairperson should generally encourage and enlist other Members to propose or to second motions and to lead initial debate. Nevertheless, the Chairperson is entitled to the same rights as Members regarding the presentation of motions, seconding motions, and debate and may exercise such privilege as deemed appropriate by the Chairperson. • Temporary Informal Recesses. The Chairperson may declare a temporary recess without motion or consent of the Body. However, no recess shall be declared which would interrupt a member who has properly secured the floor to speak. 1 C.R.S. § 24-6-402(2)(c) provides: “Any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or at which a majority or quorum of the body is in attendance, or is expected to be in attendance, shall be held only after full and timely notice to the public. In addition to any other means of full and timely notice, a local public body shall be deemed to have given full and timely notice if the notice of the meeting is posted in a designated public place within the boundaries of the local public body no less than twenty-four hours prior to the holding of the meeting. The public place or places for posting such notice shall be designated annually at the local public body's first regular meeting of each calendar year. The posting shall include specific agenda information where possible.” Page 5 of 135 This document contains excerpts from previously copyrighted material and in this form is also protected by copyright. Permission for reasonable use can be requested by contacting the author, Robert C. Widner at rwidner@wmcattorneys.com or 13133 E. Arapahoe Road, Suite 100, Centennial, Colorado 80112. © 2013 Robert C. Widner Page 5 Moving Party’s Privileges • At any time prior to receiving a second on a motion, the Moving Party may unilaterally withdraw or unilaterally amend a motion provided that the Moving Party has the floor. A motion, once seconded, belongs to the decision-making Body and the Moving Party’s privileges are limited. • The Moving Party retains the following limited privileges after the motion receives a second if the Moving Party has properly secured the floor to speak: A. The Moving Party may speak to the rationale, purpose, meaning, or need of the motion prior to the opening of full debate to other members of the Body. B. The Moving Party may withdraw his/her seconded motion unless an objection is raised by Point of Order. An objection to the Moving Party’s withdraw of the seconded motion will summarily defeat the Moving Party’s request to withdraw. C. The Moving Party may accept a proposed amendment (a “Friendly Amendment”) unless an objection is raised by Point of Order. An objection to a Friendly Amendment will summarily defeat the Moving Party’s privilege to accept a Friendly Amendment and, in such case, a formal Motion to Amend would be in order. D. During debate, to further explain or clarify the meaning, intent, or purpose of the motion or to otherwise respond to a Point of Information. Classes & Priority for Points and Motions There are three classes for motions and points: (1) Privileged; (2) Main; and (3) Subordinate. The class determines the priority or importance of the motion or point and, therefore, determines whether the motion or point is “in order” when made, i.e., if the motion or point proposed is appropriate for the Body to consider at the time it is presented. PRIVILEGED motions, which include all three Points, do not require a pending main motion on the floor and do not relate directly to a pending question. Privileged motions or points may be raised at any time. Privileged points do not require the floor; privileged motions require the floor. Privileged motions oftentimes involve an administrative or ministerial aspect of the meeting that needs to be resolved independently of the business then-pending before the Body. There following motions or points are recognized as privileged and are listed in order of precedence: • Point of Order Page 6 of 135 This document contains excerpts from previously copyrighted material and in this form is also protected by copyright. Permission for reasonable use can be requested by contacting the author, Robert C. Widner at rwidner@wmcattorneys.com or 13133 E. Arapahoe Road, Suite 100, Centennial, Colorado 80112. © 2013 Robert C. Widner Page 6 • Point of Information • Point of Decorum • Point of Appeal • Motion to Recess • Motion for Executive Session A MAIN motion formally presents to the Body an item for action. A Main motion can be made only when no other motion is pending. If a Main motion is presented when another pending motion or point is before the Body, it is out of order. Although there are as many Main motions as there are subject matters that a Body may consider, there are four (4) commonly recognized specific Main motions used in local government decision-making: • Motion to Adjourn • Motion to Reconsider • Motion to Postpone an Agenda Item to a Date Certain • Motion to Postpone Indefinitely A SUBORDINATE motion is related to and supplements or builds upon the Main motion. A Subordinate motion must be dealt with before the Main motion can be voted on. A Subordinate motion is in order only when there is a pending main motion on the floor. Once a seconded Subordinate motion is pending on the floor, neither a MAIN motion nor another Subordinate motion is in order. There are three (3) recognized Subordinate motions: • Motion to Amend (a Main Motion) • Motion to Continue Matter Before the Body to Date Certain • Motion to Call the Question (Close Debate) Points and Motions in Detail A. Points There are four “Points:” (1) Point of Order; (2) Point of Information; (3) Point of Appeal, and (4) Point of Decorum. Points do not require a second. They are each “privileged” and may be raised at any time. • Point of Order (or to "raise a question of order" as it is sometimes expressed), is an opportunity for a Member to express an opinion that the rules or procedures of the Body are being violated. The appropriate means of asserting such opportunity is for the member to wait for a break in the discussion and state “Point of Order” and wait to be recognized by the Chairperson. Any existing debate or discussion should cease. Upon the Chairperson’s recognition, the member must succinctly state the general rule or procedure believed to be in violation. A point of order Page 7 of 135 This document contains excerpts from previously copyrighted material and in this form is also protected by copyright. Permission for reasonable use can be requested by contacting the author, Robert C. Widner at rwidner@wmcattorneys.com or 13133 E. Arapahoe Road, Suite 100, Centennial, Colorado 80112. © 2013 Robert C. Widner Page 7 should not interrupt another speaker, does not require a second, is not debatable, is not amendable, and cannot be reconsidered. For example: Member Jones was granted the floor and proposed a motion to approve a site plan. Member Jones then proceeded to discuss the rationale for his motion. Member Jones: [has the floor and is engaged in debate on a motion, he pauses in his debate] Member Smith: “Point of Order.” Chairperson: “Excuse me a moment, Mr. Jones. The Chairperson recognizes Ms. Smith.” Member Smith: “I believe we are debating a motion that did not receive a second. I believe that this is out of order because a motion requires a second before debate.” Chairperson: “You are correct Ms. Smith, I do not recall a second was offered. Therefore, let us cease debate. Do I have a second on the motion? [A second is offered]. Thank you for your Point of Order, Ms. Smith. Mr. Jones, you have the floor and may commence debate.” • Point of Information is a request to receive information on a specific question, either about process, meeting conduct, clarification of a motion, or about a fact at any time during a meeting. A Point of Information is not an opportunity for a member to provide information to the Body and should never be used as a means of continuously interrupting the flow of debate. Using a Point of Information to provide information or to interrupt debate would be out of order. As an example of the proper use of a Point of Information while the Body is engaged in debate on a seconded motion: Member Quinn: [Has the floor and is offering her thoughts on a pending matter.] Member Frank: “Madam Chairperson, Point of Information” Chairperson: “Excuse me a moment, Ms. Quinn. The Chairperson recognizes Member Frank.” Member Frank: “Ms. Quinn said there are more than 5,000 vehicles passing through the Main Street intersection during the peak evening hours. But I recall that our Traffic Engineer stated earlier that the traffic count at the intersection during evening peak hours was only 1,500 vehicles. What is the correct number? Page 8 of 135 This document contains excerpts from previously copyrighted material and in this form is also protected by copyright. Permission for reasonable use can be requested by contacting the author, Robert C. Widner at rwidner@wmcattorneys.com or 13133 E. Arapahoe Road, Suite 100, Centennial, Colorado 80112. © 2013 Robert C. Widner Page 8 Chairperson: “Let’s have the Traffic Engineer provide us the accurate figure for traffic count.” Following the Traffic Engineer’s advisement, Ms. Quinn again has the floor. • Point of Appeal is a request of a member to challenge a decision of the Chairperson concerning the application of the Rules of Order. A Point of Appeal shall customarily be in order immediately following the Chairperson’s decision and may be declared out of order and unavailable where the Body has relied upon the Chairperson’s decision and continued the proceeding in reliance upon, or in accordance with, the Chairperson’s decision. The member making the Point of Appeal may briefly state his or her reason for the Point, and the Chairperson may briefly explain his or her ruling, but there shall be no further debate on the appeal. As an example of the use of a Point of Appeal when a motion is pending discussion: Chairperson: “We have on the floor a Motion to Call the Question that was seconded.” The vote on a Motion to Call the Question is not debatable and will require a majority vote of the quorum present.” Member Thomas: “Point of Appeal” Chairperson: Mr. Thomas has raised a Point of Appeal. Mr. Thomas, you have the floor. What is your appeal?” Member Thomas: I appeal the Chairperson’s decision regarding the required vote on a Motion to Call the Question. A Motion to Call the Question requires a 2/3rds vote pursuant to our Rules of Order. Chairperson: “My decision regarding the required vote is being appealed. I believe that closing debate is a rather simple matter only requiring a majority vote like a majority of all of our motions.” “We shall now vote on the appeal. Mr. Thomas appeals my decision regarding a vote on a Motion to Call the Question requires a simple majority of this quorum. Mr. Thomas asserts it should be a 2/3rds vote. The question we are now voting on is ‘Shall the decision of the Chairperson be sustained?’" [The Members vote to not sustain (they overturn) the Chairperson’s decision.] Chairperson: “My decision is overturned on appeal. I stand corrected and will now declare that the Motion to Call the Question requires a vote of 2/3rds of the members of the Body. Let us proceed to the consideration of the Motion to Call the Question.” Page 9 of 135 This document contains excerpts from previously copyrighted material and in this form is also protected by copyright. Permission for reasonable use can be requested by contacting the author, Robert C. Widner at rwidner@wmcattorneys.com or 13133 E. Arapahoe Road, Suite 100, Centennial, Colorado 80112. © 2013 Robert C. Widner Page 9  Point of Decorum is a request of a member for the body as a whole to review an act of a member for conformance with the rules of Decorum, as such rules have been established, and adopted by, the body as a whole. As an example of the use of a Point of Decorum: Chairperson: “I call this meeting to order” Member Thomas: “Point of Decorum. The seating arrangement has been changed without approval of both impacted members, or approval of the Mayor.” Chairperson: Mr. Thomas has raised a Point of Decorum under Rule 1 as established by this body. Is there a second? Member Jones: I second the Point of Decorum. Chairperson: A point of decorum has been raised and seconded. All members please vote aye if you agree that Rule 1 of the Rules of Decorum has been violated. Vote nay if you disagree. Chairperson: A majority of members have voted to support the point of decorum. We will recess the meeting for 2 minutes to allow all members to move to their assigned seats. B. Motions  Motion to Recess (Privileged) A Motion to Recess is intended to provide a temporary cessation in the meeting to accommodate matters such as restroom breaks or to consult with legal counsel or administrative staff. The motion should state approximate amount of time for the requested recess as a convenience to other members and the public in attendance. A second is required and the motion is not debatable and requires an immediate vote. A majority vote of quorum present required for approval. As an example of a Motion to Recess, such motion might be stated as: Member Thomas: “I move to recess our meeting for 15 minutes until 7:30.” Member Jones: “Second.” Page 10 of 135 This document contains excerpts from previously copyrighted material and in this form is also protected by copyright. Permission for reasonable use can be requested by contacting the author, Robert C. Widner at rwidner@wmcattorneys.com or 13133 E. Arapahoe Road, Suite 100, Centennial, Colorado 80112. © 2013 Robert C. Widner Page 10 Chairperson: “We have a Motion to Recess on the floor to recess until 7:30. Because this motion is not debatable, would the clerk please call for the vote.” • Motion to Adjourn (Main) Motion to Adjourn is available to cease further action of the Body and immediately terminate the meeting. A Motion to Adjourn is debatable and requires a majority vote of quorum present required. Caution should be exercised when presenting a Motion to Adjourn when items are pending on the agenda that required prior notice (such as public hearing publication or posting of property) because these matters must be properly continued to a future date or new notice published and/or posted. As an example of a Motion to Adjourn, such motion might be stated as: Member Thomas: “I move to adjourn this meeting.” Member Jones: “Second.” Chairperson: “We have a Motion to Adjourn on the floor. Member Thomas, did you want to speak to your motion or open any debate? Member Thomas: “Thank you. I believe the remaining items on our agenda are not important and it is already 11:00 p.m. I believe we are all tired and can no longer concentrate.” Chairperson: Any other debate? Seeing none, would the clerk please call for the vote? Please note that only a simple majority of our quorum present tonight is needed to adjourn.”  Motion to Reconsider (Main) A Motion to Reconsider is an extraordinary motion that requires a degree of care in presenting and, if approved, care in processing the matter to be reconsidered. A successful Motion to Reconsider will effectively void the prior vote taken on the previously decided motion and cause the matter to be reopened for another motion and a new consideration. A Motion to Reconsider is only in order at the same meeting at which the decision to be reconsidered was made or at the next regular meeting of the Body. The motion must be made by a member on the prevailing side of the original motion to be reconsidered. The required second on the motion need not be a member from prevailing side. The motion is debatable but only for the reasons to explain or justify reconsideration and not for the purpose of debating the merits of the original motion. Page 11 of 135 This document contains excerpts from previously copyrighted material and in this form is also protected by copyright. Permission for reasonable use can be requested by contacting the author, Robert C. Widner at rwidner@wmcattorneys.com or 13133 E. Arapahoe Road, Suite 100, Centennial, Colorado 80112. © 2013 Robert C. Widner Page 11 A supermajority vote of 2/3rds of the quorum present is required for approval. All proceedings, testimony, evidence, and debate on the matter presented during the initial consideration of the original matter will remain part of the official record; only the decision or vote taken is voided. In the event of a successful Motion for Reconsideration, it is recommended that the reconsideration of the original matter be continued to a future date as opposed to being heard at the same meeting in which the Motion for Reconsideration was approved. This recommendation stems from the fact that the matter under reconsideration will likely require new public notice so that interested parties (and possibly an applicant whose rights are being decided) are apprised of the new consideration and can attend and participate in the new consideration. Even when a successful Motion for Reconsideration was presented in the same night as the matter subject to reconsideration, the parties present for the original matter may have departed the meeting after what appeared to those attending to be a final decision on the original motion. Fairness will often dictate that the reconsideration be scheduled for a future date. As an example of the typical process surrounding a Motion to Reconsider, such motion might be stated as: Member Thomas: “I move to reconsider our decision to approve Ordinance 14 which required all owners to keep their dogs on leashes at all times. I believe I can make this motion because I voted “yes” on the ordinance and it was approved at our last meeting.” Member Jones: “Second.” Chairperson: “We have on the floor a Motion to Reconsider Ordinance 14 concerning our new dog leash law. Please note that a Motion to Reconsider, if we approve it tonight, will reopen the consideration of Ordinance 14 and require new debate, a new motion, and a new vote. Member Thomas, did you want to speak to your Motion to Reconsider? Please note that you are free to discuss the reason why you wish to seek reconsideration but this is not intended to be a debate of the merits of Ordinance 14 at this time.” Member Thomas: “Thank you. I would like us to reconsider Ordinance 14 because upon reflection over the last week I believe the Ordinance may be too restrictive and we might want to consider allowing an exemption to the leash requirement for owners that can maintain control over their dogs by using voice command.” Page 12 of 135 This document contains excerpts from previously copyrighted material and in this form is also protected by copyright. Permission for reasonable use can be requested by contacting the author, Robert C. Widner at rwidner@wmcattorneys.com or 13133 E. Arapahoe Road, Suite 100, Centennial, Colorado 80112. © 2013 Robert C. Widner Page 12 Chairperson: “Any other debate concerning whether we should reconsider Ordinance 14? Seeing none, would the clerk please call for the vote. Please note that this Motion to Reconsider requires a supermajority of 2/3rds of the quorum present tonight to be approved. If approved, our administrative staff will need to schedule Ordinance 14 for discussion at a future date and provide or publish any required notices to the public concerning our reconsideration of Ordinance 14.” • Motion to Postpone an Agenda Item to Date Certain (Main) A Motion to Postpone an Agenda Item to a Date Certain pertains to a matter that is not presently on the floor but is scheduled for later consideration on the Body’s agenda. The motion must identify a date and time certain for the agenda item to be reset for Body consideration. If the Moving Party desires to indefinitely postpone an item, a Motion to Postpone indefinitely is the appropriate motion (see below). The Motion to Postpone an Agenda Item to a Date Certain is debatable. A majority vote of quorum present required for approval. As an example of a Motion to Postpone an Agenda Item to Date Certain, such motion might be stated as: Member Smith: “I move to Postpone Agenda Item 8 which pertains to funding of the repainting of the offices in the City Hall to our meeting on August 15 at 7:00 p.m. here in our Council Chambers.” Member Edwards: “Second.” Chairperson: “We have a Motion to Postpone Agenda Item 8 which pertains to the funding of the repainting of the offices. This motion is debatable, so I would offer Mr. Smith and other Members an opportunity to comment on the motion”. Member Smith: “I believe that this is not an urgent matter and, quite frankly, there are more pressing matters to fully consider tonight. The August 15 agenda looks like a light meeting.” Chairperson: “Any other discussion? Seeing none, would the clerk please call for the vote?” Page 13 of 135 This document contains excerpts from previously copyrighted material and in this form is also protected by copyright. Permission for reasonable use can be requested by contacting the author, Robert C. Widner at rwidner@wmcattorneys.com or 13133 E. Arapahoe Road, Suite 100, Centennial, Colorado 80112. © 2013 Robert C. Widner Page 13 • Motion to Postpone Indefinitely (Main) A Motion to Postpone Indefinitely will effectively kill a matter that is subject to the Body’s consideration (and is usually on the meeting agenda or scheduled on a future agenda). This motion will remove the matter from the Body’s consideration without full debate of the matter and without directly voting the matter down on the matter’s merits. It is most commonly used to eliminate a matter from the current and/or future agendas because there is insufficient interest on the Body to hear the matter. As a caution, a Motion to Postpone Indefinitely would not be appropriate where the item involves a quasi-judicial matter for which an applicant has a right to a hearing and opportunity to be heard; legal counsel should be consulted regarding the use of this Motion for any quasi-judicial matter. The motion is debatable. A majority vote of quorum present required for approval. If approved, the matter will not be brought back to the Body unless the Body instructs that the item return for a future agenda. As an example of a Motion to Postpone Indefinitely, such motion might be stated as: Member Johnson: “I move to Postpone Indefinitely Agenda Item 2 which pertains to enacting a leash law for all cats in the city.” Member Samuels: “Second.” Chairperson: “We have a Motion to Postpone Agenda Item 2 indefinitely which pertains to our imposing a leash law on cats. This motion is debatable and requires a majority vote of the quorum present tonight. I would offer Ms. Johnson and other Members an opportunity to comment on the motion.” Member Johnson: “I have talked with many citizens about this proposal and believe that we are likely to be harshly criticized should be enact such an ordinance. So I think it is a waste of our time to continue to entertain this idea and I prefer just to eliminate the matter from tonight’s agenda and our future consideration.” Chairperson: “Any other discussion? [Member Thomas requests floor] The floor recognizes, Mr. Thomas. Mr. Thomas you have the floor.” Mr. Thomas: “Thank you. Although I agree with Ms. Johnson about the public sentiment we are likely to hear about leashing cats, I think we should at least open the public debate and have the citizens comment to us directly. So I oppose the motion to postpone indefinitely.” Page 14 of 135 This document contains excerpts from previously copyrighted material and in this form is also protected by copyright. Permission for reasonable use can be requested by contacting the author, Robert C. Widner at rwidner@wmcattorneys.com or 13133 E. Arapahoe Road, Suite 100, Centennial, Colorado 80112. © 2013 Robert C. Widner Page 14 Chairperson: “Seeing no other discussion, would the clerk please call for the vote.” [Vote fails to gain the required simple majority vote needed for a Motion to Postpone Indefinitely.] Chairperson: “We do not have the required majority of the quorum so the offered motion is rejected or fails. We will consider the matter of leashing cats as our scheduled Agenda Item 2 tonight.” • Motion to Amend (a Main Motion) (Subordinate) A Motion to Amend (a Main Motion) is applicable only to a Main motion on the floor. The motion must provide specificity as to the intended amendment. The motion is debatable. A majority vote of a quorum present required for approval. A motion to amend is not in order when another motion to amend is already pending (made and seconded) before the Body; e.g., the Body will deal with only one Motion to Amend at a time to avoid confusion. As an example of a Motion to Amend a Main Motion, such motion might be stated as: Member Smith: I move to Approve Ordinance No. 6 as presented to us tonight.” Member Jackson: “Second.” Chairperson: “We have a proper Motion on the floor that has received a second to approve Ordinance No. 6. Any discussion?” Chairperson: “Yes, the Chair recognizes Mr. James. Mr. James, you have the floor.” Member James: “Thank you. I move to amend the motion offered by Ms. Smith to change the amount of the penalty for the first violation stated in Section 1-1-3 on page 3 of Ordinance No. 6 from the stated $100 for the first offense to $200 for the first offense.” Member Samuel: “Second.’ Page 15 of 135 This document contains excerpts from previously copyrighted material and in this form is also protected by copyright. Permission for reasonable use can be requested by contacting the author, Robert C. Widner at rwidner@wmcattorneys.com or 13133 E. Arapahoe Road, Suite 100, Centennial, Colorado 80112. © 2013 Robert C. Widner Page 15 Chairperson: “We have a Motion to Amend before us to change the penalty in Section 1-1-3 of Ordinance No. 6 from $100 to $200 for the first offense. We will take up the Motion to Amend first and decide that Motion before we consider the Main Motion. It is debatable and requires a simple majority vote. I see no one wishing to comment or debate the offered amendment to Ordinance No. 6. Would the clerk call for the vote on the Motion to Amend only.” [Motion receives majority vote of approval.] Chairperson: ”The Motion to Amend is approved so Ordinance No. 6 is now amended to change the penalty for a first offense to $200. We next turn to the Main Motion to approve Ordinance 6, now as amended. Any debate on Ordinance No. 6 as amended? Seeing none, would the clerk please call for the vote of Ordinance No. 6 as it was amended?” • Motion to Continue Matter to Date Certain (Subordinate) A Motion to Continue a Matter (that is before the Body) to a Date Certain postpones to holdover the current motion to a specific date, time, and place stated in the motion. Note that a motion to continue a matter without stating a date certain would operate more like a Motion to Postpone Indefinitely (see above) and would require the matter to be affirmative requested by the Body for future consideration and reintroduced and, when required, new publication of notice of the hearing or discussion. The motion is debatable. A majority vote of a quorum present required for approval. As an example of a Motion to Continue a Matter to a Date Certain, such motion might be stated as: Member Smith: “I move to continue this matter under consideration to our meeting on February 23 at 7:00 p.m. here in our Council Chambers.” Member Edwards: “Second.” Chairperson: “We have a Motion to Continue this matter we are considering to a date and time certain, that being our meeting of February 23, at 7:00 p.m. here in our Council Chambers. This motion is debatable and only requires a majority of the quorum here this evening. I would offer Mr. Smith and other Members an opportunity to comment on the motion.” Page 16 of 135 This document contains excerpts from previously copyrighted material and in this form is also protected by copyright. Permission for reasonable use can be requested by contacting the author, Robert C. Widner at rwidner@wmcattorneys.com or 13133 E. Arapahoe Road, Suite 100, Centennial, Colorado 80112. © 2013 Robert C. Widner Page 16 Member Smith: “I believe we need a continuation so that we can have a full opportunity to review the traffic study we received tonight. Without my detailed review of that study, I do not believe I am able to make an informed decision on the matter pending before us.” Chairperson: “Any other discussion? The Chair recognizes Ms. Hampton.” Member Hampton: “We have all had the traffic study for more than a month and we received a presentation on the study contents last week. With all respect to Mr, Smith, I believe a majority of us are fully informed and we can decide the issue tonight.” Chairperson: “Seeing no other request to debate, would the clerk please call for the vote?” • Motion to Call the Question (Subordinate) A Motion to Call the Question (also more correctly phrased as to “Close Debate”) will close further debate and require vote on the motion pending before the Body. The motion applies only to the motion on the floor. The motion is not debatable. Due to the fact that such a motion will forestall the Body’s ability to discuss the merits of the pending matter, a supermajority vote of 2/3rds of the quorum present is required for approval in order that the Body evidences a strong intent that continuing debate is not necessary to decide the matter. As an example of a Motion to Call the Question (or Close Debate), such motion might be stated as: [A debatable motion is pending before the Body and the Body is engaged in debate.] Member Bernie: “I move to Call the Question.” Member Jones: “Second.” Chairperson: “We have Motion to call the Question which will, if approved, close all debate on the matter presently before us and require a vote. This motion is not debatable. This motion will require a supermajority of our quorum by 2/3rds. Would the clerk please call for the vote?” Chairperson: “The Motion to Call the Question is approved by a 2/3rds vote. Would the Clerk please call for the vote on the main motion?” Page 17 of 135 This document contains excerpts from previously copyrighted material and in this form is also protected by copyright. Permission for reasonable use can be requested by contacting the author, Robert C. Widner at rwidner@wmcattorneys.com or 13133 E. Arapahoe Road, Suite 100, Centennial, Colorado 80112. © 2013 Robert C. Widner Page 17 • Motion for Executive Session (Privileged) Executive sessions are expressly permitted by state law to allow the Body to discuss certain topics in a closed non-public setting. The most common authorized executive session topics for local government include: A. Purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; except that no executive session shall be held for the purpose of concealing the fact that a member of the local public body has a personal interest in such purchase, acquisition, lease, transfer, or sale.2 B. Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions. Mere presence or participation of an attorney at an executive session of the local public body is not sufficient to qualify the executive session as a session involving legal advice.3 C. Matters required to be kept confidential by federal or state law or rules and regulations. The Body shall announce the specific citation of the statutes or rules that are the basis for such confidentiality before holding the executive session.4 D. Specialized details of security arrangements or investigations, including defenses against terrorism, both domestic and foreign, and including where disclosure of the matters discussed might reveal information that could be used for the purpose of committing, or avoiding prosecution for, a violation of the law.4 E. Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators.5 F. Personnel matters except if the employee who is the subject of the session has requested an open meeting, or if the personnel matter involves more than one employee, all of the employees have requested an open meeting.6 However, you cannot hold an executive session for “personal matters” to discuss: (i) an elected official or an appointed member of the Body;7 or 2 C.R.S. § 24-6-402(4)(a). 3 C.R.S. § 24-6-402(4)(b). 4 C.R.S. § 24-6-402(4)(c). 4 C.R.S. § 24-6-402(4)(d). 5 C.R.S. § 24-6-402(4)(e). 6 C.R.S. § 24-6-402(4)(f)(I). 7 C.R.S. § 24-6-402(4)(f)(II). Page 18 of 135 This document contains excerpts from previously copyrighted material and in this form is also protected by copyright. Permission for reasonable use can be requested by contacting the author, Robert C. Widner at rwidner@wmcattorneys.com or 13133 E. Arapahoe Road, Suite 100, Centennial, Colorado 80112. © 2013 Robert C. Widner Page 18 (ii) the appointment of a person to fill an appointed8 or elective office; or (iii) personnel policies that do not require the discussion of matters personal to particular employees.10 G. Consideration of any documents protected by the mandatory nondisclosure provisions of the "Colorado Open Records Act",11 except that all consideration of documents or records that are work product as defined in C.R.S. § 24-72-2020 or that are subject to the governmental or deliberative process privilege shall occur in a public meeting unless an executive session is otherwise allowed pursuant to state law. Because the authorized purposes for executive session are limited and because errors in calling for an executive session may result in the session discussion becoming subject to public disclosure or actions, if any, invalidated, it is always advised to obtain legal advice regarding each motion. Unlike other matters that will be open for public discussion, debated, and possibly decided by the Body, it is not necessary that the Executive Session be listed on the meeting agenda in advance. Oftentimes, the Body has no need for an executive session and the need arises during the meeting. For example, the need for legal advice may not be known until evidence or information is presented that give rise to a question requiring consultation with the Body’s counsel. The Motion for Executive Session must include the citation to Colorado Revised Statute subsection authorizing session and a brief description of subject matter. The motion is debatable. However, care should be taken during debate to not disclose any confidential or sensitive information that might undermine the purpose of the executive session. For example, a town board member may state in debate during the public meeting that an executive session should be held to allow the council to decide “whether to spend up to $2,000,000 on the acquisition of the vacant Thompson Property for a public park.” Such public disclosure would essentially undermine the purpose of the executive session, that is, to give the town board the opportunity to determine negotiation strategy and the total amount willing to be paid to the seller for the Thompson Property. More appropriate would be to declare in debate that the executive session is needed to “allow the town board to 8 Id. A special statutory provision of the Colorado Open Meetings Law (C.R.S. § 24 -6-402(3.5)) may authorize nonpublic executive sessions to conduct some of the business associated with selecting the chief executive officer (commonly considered as the “city manager” or “town administrator.) Consult your local counsel to understand the steps necessary to hold these special forms of non-public public meetings. 10 C.R.S. § 24-6-402(4)(II). 11 Id. Page 19 of 135 This document contains excerpts from previously copyrighted material and in this form is also protected by copyright. Permission for reasonable use can be requested by contacting the author, Robert C. Widner at rwidner@wmcattorneys.com or 13133 E. Arapahoe Road, Suite 100, Centennial, Colorado 80112. © 2013 Robert C. Widner Page 19 decide the maximum amount the negotiation team can offer in negotiation.” Very importantly, a supermajority of 2/3rds of quorum present required for approval pursuant to the Colorado Open Meetings Law. As an example of a Motion for Executive Session to obtain legal advice, such motion might be stated as follows: Member Thomas: “I move to hold an executive session pursuant to C.R.S. § 24-6-402(4)(b) to receive legal advice on the right to impose a condition on the proposed rezoning application under discussion.” Member Jones: “Second.” Chairperson: “Is there any debate on this motion? Seeing none, would the clerk please call for the vote?” Please note that the vote required for executive session is a 2/3rds of the quorum present tonight.” [Vote by the Body is taken and the vote is unanimous.] Chairperson: “We are now authorized to enter into executive session.” The Location of Executive Session State law does not require that executive sessions be conducted in any particular location. Most communities remove the Body to a side room or conference chambers that allows for private conversation outside the hearing of the general public. Other communities ask members of the public attending the body’s meeting to exit the room to allow the necessary confidential conversation. Confidentiality of Executive Sessions Contrary to popular belief, there are no specific laws that require confidentiality of discussion in executive session or prohibit disclosure of confidential information discussed in an executive session. Attendees may, therefore, believe they are free to disclose information provided to them during the session. However, state law imposes upon all municipal officials, officers, and employees a general statutory obligation to protect the public trust.9 Where disclosure of confidential information harms the interests of the public, such disclosure may subject the official, officer, or employee to prosecution for the monetary harm inflicted on the public due to such disclosure.13 If the entire Council “speaks for” the client, then it is the entire Council that has the right to the privilege - and to keep or waive it. This means that an individual member who breaches confidentiality may be acting outside the scope of his/her authority. As a better protection, local rules of ethics and conduct may be enacted to expressly provide that executive session information is deemed confidential and the disclosure of such information may violate local ethics standards and, for employees, may lead to disciplinary action. 9 See Part 1, Article 18, Title 24, C.R.S., titled “Code of Ethics” and in particular C.R.S. § 24 -18-103. 13 C.R.S. § 24-18-103(2)(prosecution by district attorney for breach of public trust). Page 20 of 135 This document contains excerpts from previously copyrighted material and in this form is also protected by copyright. Permission for reasonable use can be requested by contacting the author, Robert C. Widner at rwidner@wmcattorneys.com or 13133 E. Arapahoe Road, Suite 100, Centennial, Colorado 80112. © 2013 Robert C. Widner Page 20 Who May Attend an Executive Session? State law does not specify who may attend an executive session. It is commonly understood that the Body determines the individuals that are necessary to conduct the executive session and provide the background information and advice to the Body. Besides the Body members, the most common attendees include the city or town manager or administrator, the Body’s legal counsel, and administrative staff members involved in the particular issue under discussion. Obviously, the city or town legal counsel is required for any executive session convened for the purpose of obtaining legal advice pursuant to C.R.S. § 24-6-402(4)(b). A special note should be made when inviting individuals into the executive session who are not members of the municipal government. These individuals will not be bound to any local rules such as local ethics rules or personnel rules that require confidentiality. It is not uncommon for a municipality to require some form of confidentiality agreement or understanding by the nonmunicipal attendee as a condition of attendance. On occasion, a Body member or several members of the Body may request that another member of the Body be excluded from the executive session. Such exclusion may be due to a myriad of reasons, for example, an actual or perceived conflict of interest, unwillingness of the excluded member to agree to keep executive session information confidential, or lack of confidence in the excluded member to maintain confidences. Although state law does not provide a means or method for exclusion of a Body member from an executive session, the law does not, conversely, give an absolute right to a Body member to attend every executive session. It is recommended that local policy be created and approved by the Body that specifically authorizes the Body, as a whole, to decide executive session attendees. Suspension of Rules A. Chairperson May Suspend Subject to challenge by Point of Appeal, the Chairperson may elect to suspend operation of any rule provided by these Rules of Order; provided, however, that the Chairperson shall not be authorized to suspend or alter the vote required on any motion or matter. B. Motion to Suspend Any member may move to suspend the applicability of a rule of order by proposing a main motion; provided, however, that no motion may suspend or alter the vote required on any motion or matter. Such motion shall be presented only as a Main motion which motion shall require a second, be subject to debate, and shall require a majority vote of the quorum present for adoption. Page 21 of 135 Summary of Requirements for Motions and Points MOTION Type Second Required? Debatable? Vote Required Point of Order Privileged No No No Vote Required Point of Information Privileged No No No Vote Required Point of Decorum Privileged Yes No Majority of quorum present Point of Appeal (to challenge the Chairperson’s decision) Privileged No Only as needed to explain the Decision and the applicable Rule subject to challenge Majority of quorum present Motion to Recess Privileged Yes No Majority of quorum present Motion for Executive Session Privileged Yes No 2/3rds of quorum present Any Main Motion Main Yes Yes Majority of quorum present unless otherwise required by law, rule, or regulation Motion to Adjourn Main Yes Yes Majority of quorum present Motion to Reconsider Main Yes Yes 2/3rds of quorum present Motion to Postpone an Agenda Item Main Yes Yes Majority of quorum present Motion to Postpone Indefinitely Main Yes Yes Majority of quorum present This document contains excerpts from previously copyrighted material and in this form is also protected by copyright. Permission for reasonable use can be requested by contacting the author, Robert C. Widner at rwidner@wmcattorneys.com or 13133 E. Arapahoe Road, Suite 100, Centennial, Colorado 80112. © 2013 Robert C. Widner Page 21 Page 22 of 135 MOTION Type Second Required? Debatable? Vote Required Motion to Amend (a Main Motion) Subordinate (to a Main Motion) Yes Yes Majority of quorum present Motion to Continue Matter Before the Body to Date Certain Subordinate (to a Main Motion) Yes Yes Majority of quorum present Motion to Call the Question (Close Debate) Subordinate (to a Main Motion) Yes No 2/3rds of quorum present This document contains excerpts from previously copyrighted material and in this form is also protected by copyright. Permission for reasonable use can be requested by contacting the author, Robert C. Widner at rwidner@wmcattorneys.com or 13133 E. Arapahoe Road, Suite 100, Centennial, Colorado 80112. © 2013 Robert C. Widner Page 22 Page 23 of 135 EFFECTIVE COUNCIL MEMBERS, PUBLIC MEETINGS & RULES OF ORDER Robert (Bob) Widner Widner Juran LLP City Attorney, City of CentennialPage 24 of 135 It’s Not About You.Page 25 of 135 •City Council’s “Product” •The Main Reason for Dysfunction •The Effective Meeting •The Effective Council Member •The Role of Rules of Order Page 26 of 135 City Council’s “Product”Page 27 of 135 5Page 28 of 135 6 Private Corp Board of Directors CEO Staff Shareholders Produce ProfitPage 29 of 135 7 Government City Council City Manager Staff Citizens Produces Health, Safety & Welfare Private Corp Board of Directors CEO Staff Shareholders Produces ProfitPage 30 of 135 Private Corp Board of Directors CEO Staff Shareholders Produces Profit 8 Government City Council City Manager Staff Citizens Produces Health, Safety & WelfarePage 31 of 135 City Council is “Special” as a “Producer” of “Product” •Price = taxes = seen as forced payment •Product is not always seen or used by public •No other “shop” to buy the product •Can’t stop the service or the taxPage 32 of 135 HIGHLY CRITICAL CONSUMERS WITH HIGH EXPECTATIONS FROM COUNCILPage 33 of 135 Where is the City Council’s “product” often judged as worthy of its price?Page 34 of 135 Page 35 of 135 Page 36 of 135 Public Meetings Demonstrate: Effective Representation by Our Elected Officials or Waste of Tax Money by Dysfunctional Members and MeetingsPage 37 of 135 Why Should We Care About Meetings? 1.Public Confidence 2.Governments Have Reputations Page 38 of 135 Page 39 of 135 Page 40 of 135 Page 41 of 135 Key Reasons for Dysfunction •Lack of Professionalism and Courtesy •Lack of Member Equality •Lack of the Right Leadership •Lack of Individual Member Preparation •Lack of Rules •Lack of Rule Use or Rule KnowledgePage 42 of 135 Key Reasons for Dysfunction •Lack of Professionalism and Courtesy •Lack of Individual Member Preparation •Lack of Member Equality •Lack of the Right Leadership •Lack of Rules •Lack of Rule Use or Rule KnowledgePage 43 of 135 THE Source of GREATEST Dysfunction?Page 44 of 135 THE Source of GREATEST Dysfunction? Ego (Really, an inflated one)Page 45 of 135 Page 46 of 135 Leadership is an opportunity to serve. It is not a trumpet call to self-importance. J. Donald Walters The Art of Leadership Page 47 of 135 The Bottom Line You were elected or appointed by the public to serve their interests. Your “platform” was to seek their vote so you could represent them. You did not ask them to vote for you so you could pursue your own agenda, stroke your ego, or be unreasonable. You asked to be made part of a team to make the city a better place.Page 48 of 135 Ego is Often Demonstrated By…. •“Winning” an issue •Payback or revenge •Opposition on purely political or social differences •Making you feel good about yourself •But Not …. Any decision that is truly made for your constituents Page 49 of 135 Ego vs. City Council Why Ego and City Council Create Dysfunction:Page 50 of 135 Ego vs. City Council Ego appears as: Page 51 of 135 A City Council Member is: Ego vs. City Council Page 52 of 135 Ego vs. City Council Majority of City Council is:Page 53 of 135 Page 54 of 135 Page 55 of 135 “It is an absolute necessity for Council Members to work together in order to accomplish something for the taxpayers. An unwillingness or inability to effectively collaborate is a waste of taxpayer money, a waste of meeting and staff time -and –importantly, a shame to miss Monday Night Football.”Page 56 of 135 The “Effective” Meeting Page 57 of 135 Defining “Effective” Meeting? •Short Duration? •Social Event? •Unanimity of Decisions? •Number of Decisions? •Clear Information Provided? •“One” Good Decision? •Building Sound Relationships?Page 58 of 135 The “Effective” Meeting Duration?Page 59 of 135 The “Effective” Meeting Two Sets of Goals InwardOutward Page 60 of 135 Page 61 of 135 INWARD Meeting Goals •Council Members had Fair Opportunity to be Heard -as Appropriate •Members Felt “Heard” and “Understood” •Relevant Issues were Addressed •No “Rabbit Holes” Pursued for Too Long •Members Were All Respected Page 62 of 135 INWARD Meeting Goals •Body’s Decision was Clear •A Record was Made •Body’s Decision is Reasonably Defensible •In Terms of the Applicable Law •In Terms of Logic and ReasonPage 63 of 135 OUTWARD Meeting Goals •Attendees had Fair Opportunity to be Heard -as Appropriate •Attendees Felt “Heard” and “Understood” •Relevant Issues were Addressed •No “Rabbit Holes” Pursued for Too Long •Everyone Was RespectedPage 64 of 135 OUTWARD Meeting Goals •Body’s Decision was Clear •A Record was Made •Body’s Decision is Reasonably Defensible •In Terms of the Applicable Law •In Terms of Logic and ReasonPage 65 of 135 INWARD & OUTWARD Meeting Goals The Goals Are NOT •Everyone Voted the Same •Everyone Leaves Happy •Everyone Got What They Wanted •Everyone Loves the Council/Board Page 66 of 135 Words About Unanimity Voting “Everyone Voted the Same” a Success? •Value of Respectful Discord = Reasonableness •The Harm of “Snakes in the Grass”Page 67 of 135 The Effective “People” Effective Mayor & Effective Council Member Page 68 of 135 Key Reasons for Dysfunction •Lack of Professionalism and Courtesy •Lack of Member Equality •Lack of the Right Leadership •Lack of Individual Member Preparation •Lack of Rules •Lack of Rule Use or Rule KnowledgePage 69 of 135 The Effective Mayor •Role of Mayor -Primary is Leadership •Leadership is Not “Your Way” •Preparing the “Fertile Ground” •No Ego –“Its Not About You” •Most Prepared Member •Issues of the Topic (Where We are Going) •Rules & Requirements •Role of Mayor –Secondary •A Member of the BodyPage 70 of 135 The Effective Mayor •“Effective Disentanglement” •Cliques and Clusters •Value of Mayoral Opinion •“Last to Speak Rule” •“Information is Power” Problem •Leadership by Subject Matter Knowledge •Leadership by Historical KnowledgePage 71 of 135 The Effective Council Member •Prepared •Know your Role •Topic (Packet Review) •Rules •Participation •“Here” to Represent •Professionalism •Purpose is the Issue –Not the People •No Ego –“Its Not About You” •Leaves Personal Issues at the DoorPage 72 of 135 The Effective Council Member •Knowing Your Role on the Council •Legislative •Quasi-Judicial •Administrative Page 73 of 135 The Effective Council Member •Knowing Your Role on the Council •Legislative •Quasi-Judicial •Administrative Page 74 of 135 Scope of Employment (Office) “How To Sleep at Night” •“In Scope” •Immunity from Claim •Right of Defense/Damage Payment •“Out of Scope” •No Immunity •No Right of Defense/Damage Payment •“In or Out” -Immunity for Counsel Reliance •From City’s legal counsel •Reasonableness StandardPage 75 of 135 Common “Out of Scope” Facts •“Grabbing the Shovel” •Administrative Matters •Personnel Matters •“No Granted Authority” •“Outside of Lane” •Council “Expert” Problem Page 76 of 135 54 Public Trust & Fiduciary Duty Page 77 of 135 55 Ex parte Communications Rule: NO Page 78 of 135 Ex parte Communications •Defined •QUASI-JUDICIAL ROLE ONLY •Fair, Neutral & Impartial Tribunal Required Page 79 of 135 A KEY ELEMENT of an Effective Mayor & Council Member Page 80 of 135 RESPECT Page 81 of 135 Key Reasons for Dysfunction •Lack of Professionalism and Courtesy •Lack of Individual Member Preparation •Lack of Member Equality •Lack of the Right Leadership •Lack of Rules •Lack of Rule Use or Rule KnowledgePage 82 of 135 Respect In ALL Public Office Actions •Council -Council •Council -Staff •Council -Public Interactions Page 83 of 135 Respect •Never Make it Personal (to You) •Use Respect as Subtle “One Upping” •Easy when Ego is Reduced….. •Use Titles and Names •The Incredibly Valuable “Thank You”Page 84 of 135 Respect and Effective Council Members •Respect Can Quiet Others’ Egos •Respect Dissipates Conflict •Respect allows Reasonable Debate Page 85 of 135 Respect and Effective Meetings •Respect Dissipates Conflict •Creates More Respect •Demonstrates Value for Taxes •Creates Greater Confidence in Government Page 86 of 135 Listen Actively Page 87 of 135 Body Language Page 88 of 135 Respect in Meetings “Road Mapping”Page 89 of 135 The Role of Rules of Order Page 90 of 135 Page 91 of 135 Key Reasons for Dysfunction •Lack of Professionalism and Courtesy •Lack of Member Equality •Lack of the Right Leadership •Lack of Individual Member Preparation •Lack of Rules •Lack of Rule Use or Rule KnowledgePage 92 of 135 Good Rules And Not So Good •Roberts Rules of Order •Rosenberg’s Rules •Most Communities’ Local Rules •But the Absolute Best? •Rules that are Used •Rules that are Simple & UnderstandablePage 93 of 135 I have found this one works a lot better!Page 94 of 135 Good Rules And Not So Good Robert’s Rules of Order •Published in 1876; Now in 11th Edition •669 Pages •48 Pages of Summary Charts •46 Page Index •Dozens of Websites for Deciphering •Cheat Sheets, Simplified Editions, FAQ’s •“Roberts Rules for Dummies” BookPage 95 of 135 Bob’s Rules of Order •Simple Terminology •“Out of Order” (“in order”) •“Floor” •Chairperson, Body, Amendment, etc.Page 96 of 135 Bob’s Rules of Order •Basic Requirements •Chairperson as Parliamentarian •Recognition for “Floor” •No Side Discussions •Voting Yes or No (No Abstention) •No Explaining Vote except during deliberationPage 97 of 135 Points vs. Motions Bob’s Rules of Order Page 98 of 135 Points and Motions •Simple “Priority” •Privileged (Always “In Order”) •Main (A “Business Step”) •Subordinate (Below “Main”)Page 99 of 135 Points Point of Information Point of Order Point of Appeal Page 100 of 135 Ten (10) Motions •Motion to Recess •Motion for Executive Session •Motion to Adjourn •Motion to Reconsider •Motion to Postpone to a Date Certain •Motion to Postpone Indefinitely •Main Motion •Motion to Amend (a Main Motion) •Motion to Continue to Date Certain •Motion to Call the Question (Close Debate)Page 101 of 135 Flexibility •Chairperson Discretion (Subject to Appeal) •Suspending the Rules Page 102 of 135 Questions?Page 103 of 135 Part 2 Time Permitting Page 104 of 135 When it comes to relating to the administrative staff, what types of elected officials are most successful? or What knowledge will best facilitate effective elected official –staff relationships? Page 105 of 135 Recognize the staff members’ knowledge and perspectives.Page 106 of 135 Page 107 of 135 Page 108 of 135 What some people think I do What my Mom thinks I do PUBLIC SERVANT VIEWS Page 109 of 135 Recognize that the staff likely receives more complaints than you.Page 110 of 135 Page 111 of 135 Page 112 of 135 Recognize that staff is a team seeking to address needs and problems.Page 113 of 135 Page 114 of 135 Page 115 of 135 Councilmember Jones, why don’t you jump first?Page 116 of 135 Page 117 of 135 Page 118 of 135 Act with respect for fairness Page 119 of 135 Page 120 of 135 Elected Official –Staff relationships have similarities with a marriage…..Page 121 of 135 Page 122 of 135 Page 123 of 135 People make mistakes (And we are all “people”)Page 124 of 135 Page 125 of 135 Page 126 of 135 Elected officials rarely, very rarely, and rarely if ever, solve any problem alone. (So don’t take all the credit)Page 127 of 135 Page 128 of 135 Page 129 of 135 Recognize that you are perceived as “different” because you have a “different” level of authority or power.Page 130 of 135 Page 131 of 135 Page 132 of 135 Page 133 of 135 Page 134 of 135 The primary barrier preventing effective elected official –staff relationships is ego (on both sides) Page 135 of 135