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HomeMy WebLinkAboutCity Council - 2539 RESOLUTION No. 2539 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING RULES OF ORD A!,T PROCEDURE IN THE CON DUCT OF COUNCIL MEETINGS AND REPEALING RESOLUTION No. 2410. WHEREAS, It has been determined by the Council that definite rules of order to conduct meetings should be passed; and 14HEREAS9 it has been determined by the Council that definite rules of order should be defined to conduct the nomination and election of officers of this body; and WHEREAS, it has been determined by the Council that definite procedures should be established to select members to any boards or agencies to which this Council has the power to appoint, WHEREFORE, THE CITY COUNCIL OF THE CITY OF HU14TINGTON BEACH DOES HEREBY RESOLVE: Subject to any provisions in the City Charter to the coi,}trary, the following Rules of procedure are adopted: 1. When a motion is made it shall be stated by the Mayor before debate. A motion may be. withdrawn by the mover thereof with the approval of the Council, (a) Motions out of order. The Mayor may at any time by majority consent of the members, permit a member to introduce an ordinance, resolution, or motion out of the regular agenda order. Res No.25,39 (b) Division of Question. If the question contains two or more divisionable propositions, the Mayor, may'land upon request of a member, shall, (unless appealed) divide the same, (c) Second. No motion made shall require a second. 2. Precedence of Motions. When a a motion is before the council, no motion shall be entertained except (a) to adjourn, (b) to fix hour of adjournment, (c) to lay on the table, (d) for the previous question, (e) to postpone to a certain day, (f) to refer, (g) to amend, and (h) to postpone indefinitely. These motions shall have precedence in the order indicated. (a) Motion to Adjourn. (not debatable) A motion to adjourn shall be in order at any time, except as follows:. (a) When repeated without intervening business or discuss- ion; (b) when made as an interruption of a member while speaking; (c) when the previous question has been ordered; and (d) while a vote is being taken. A motion to adjourn "to another time" Is debatable only as to the time to which the meeting is adjourned. (b) Motion to fix hour of Adjournment. Purpose Is to set a definite time at which to adjourn. Undebatable and unamendable except as to time set. (c) Motion to Table. Purpose is to temporarily by- pass the subject. A motion to lay on the table is undebata- ble and shall preclude all amendments or debate of the 2. Res. NO. 2539 subject under collsideration. If the motion shall prevailsthe matter may be "taken from the table" at any time prior to the end of the next regular meeting. (d) Motion for Previous Question. Purpose is to close debate on main motion. Undebatable. Just shouting "Question" does not accomplish the same thing. If motion falls, debate is reopened; if motion passes, then vote on the main motion. (e) Motion to Amend. (debatable only as to amendment) A motion to amend an amendment is in order, but one to amend an amendment to an amendment is not, An amendment modifying the intention of a motion Is in order, but an amendment re- lating to a different matter shall not be in order. A substi- tute motion on the same subject is acceptable. Amendments are voted first, then the lain motion as amended. (f) Motion to postpone. A motion to postpone in- definitely is fully debatable and if the same is adopted, the principal question shall be declared lost. Notions to postpone to a definite time are amendable and debatable as to pr0priety of postponment and time set. Motions to "Refer" are similarly not debatable for the propriety of referring. 3. Voting, On the passage of every motion, the vote shall be taken by voice or roll call, or in accordance with Resolution NO. 1463, and entered in the record. (a) Roll Call. Upon demand of any members made before the negative has been put, the roll call shall be called for yeas and nays upon any question before the council, Res. NO. 2539 It shall not be in order for members to explain their vote during the roll call. Any member may change his vote before t the next order of business, (b) Failure to Vote. Every member should vote un- less disqualified for cause a-.cepted by vote of the council or by opinion of the City Attorney. Self-disqualification without approval, which results in a tie vote should be avoid- ed as thwarting council action, but no councilmen can be forc- ed to vote. (1) The abstainer, in effect, 'Consents' that a majority of the quorum may act for him. (2) Tie votes are 'lost' motions, and may be reconsidered later. 4. Reconsideration. Any member who voted with the majority may move a reconsideration of any action at the same, (or "having entered on the minutes" for vote at the next suc- ceeding) meeting, providing no legal rights have intervened to create an estoppel. After a motion for reconsideration has once been acted on, no other .notion for a reconsideration thereof shall be made without unanimous consent. 5. Personal Privilege. The right of a member to ad- dress the council on a question of personal privilege shall be limited to gases in which his integrity, character or mo- tives are questioned, or to where the welfare of the council Is concerned; may interrupt another speaker if the chairman recognizes the "privilege" . 4. Res. No. 2539 6. Appeal. Any decision or ruling of the Mayor may be appealed by request of any member. The Mayor shall call for roll call to see if the Chair shall be upheld.. If the roll call loses, the Mayor is reversed. 5• Res. 170.2539 7. The following chart will show this type of action which may be taken on the specific motions therein mentioned. CHART OF PROCEDURE (se ec a mo -ions only) Priority Over Deconsid-Interrupt Type of ;lotion Debatable Amendable pending Motion ered Sneaker Ad ourn ' sine dies ; Y Amend or - Substitu�e Y Y Y Y : A ea s Y s Y : Y Limit De ate ; Y : Y ; s :except "table" : Ma n 1lo ion Y z Y Y No mina t ions Y Persona -privilege or point of Order Y Y Y Postpone to Time Certain Y Y Y Y Previous ues on Y Y Recess or A journ s to Time Certain Y : Y a -.Table or Ta e rom Table : Y#4 Tale Up Out o Order WI raw a 110 ion #5 Y Y Y Y - Indicates that this action can be taken, is necessary, is required or is applicable. No Mark - Indicates that this action cannot be taken, is unnecessary or is inapplicable. *1 - This motion may only be made by a person who voted on the prevail- ing side and is not applicable to 'table' motions. *2 - if prior motion was. #3 - except for request for later action. - highest subsidiary motion - takes precedence over all actions except adjourn and privilege. *5 must be voted unless no objection. 7a. In all matters of procedure which are not covered and provided for in any resolution or ordinance of the City, the procedure as contained in•Aoberts Rules of Order, , as Devised, shall control. 6. Res. No. 2-539 8. NOMINATION AND ELECTION. Nomination and election for the offices of Mayor and Vice-Mayor to serve the City for any ensuing year shall be held during the second regular meet- ing of the City Council of Huntington Beach, in the month of April, each year. (a) At the time set for nomination and election, the Mayor and Vice-Mayor shall vacate their respective offices as such, and the City Clerk or other presiding officer shall call the Council to order, and proceed to conduct nominations for the office of Mayor. (b) Any member may nominate any other member, no seconds being required, and nominations shall be open until a motion to close shall be passed and adopted. (c) The vote shall then be conducted on the nomi- nees by secret ballot and if no nominee secures a majority of votes cast, the two nominees with the highest number of votes shall be voted on by secret ballot. If this second alternative is in effect, no "write In" vote may be cast, and the nominee securing the highest number of votes shall be declared the Mayor and shall then preside over the session. (d) A Vice-mayor shall then be selected by the same process as set forth in sub-section (c) of this section. (e) The Mayor and Vice-Mayor, following such prop- er election, shall serve for terms of one year and until such time as tiaeir successors have been elected and qualified and installed. 9. Appointments. When a vacancy occurs for any reason on any board or agency over which the Council has the power to fill by aopointment, the following procedures shall be followed to fill said vacancy. (a) At the first council meeting following notifi- cation to the Council of such vacancy, a public announcement shall be made of said vacancy and a request made for any interested persons to submit a resume of their qualifications to the council prior to the next regular meeting of the council. (b) The Council shall as soon as is reasonably 7. Res. No. 2.539 possible, fill any such vacancies but nothing herein shall be construed to limit their choice to a person who has submitted an application as outlined above. 10. That Resolution 2410 is hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 20th day of March , 1967- MIjbr ATTEST: C �y APPROVED AS TO FO DAL City Attorney 8. Res, No.2539 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY" OF HUNTINGTON BEACH ) I ; PAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, and ex- officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 20th day of March , 19 67 , by the following vote AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Shivley, Green, Stewart NOES: Councilmen: None ABSENT: Councilmen: None C� 1' City Clerk a ex-officio Clerk of the City Council of the City of Huntington Beach, California