HomeMy WebLinkAboutCity Council Rules of Order and Procedure - Feb 12 2024 FINAL
RULES OF ORDER AND PROCEDURE
FOR THE
CITY COUNCIL
OF THE
CITY OF WHEAT RIDGE
COLORADO
Revised: February 12, 2024
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TABLE OF CONTENTS
I. AUTHORITY 3
II. PUBLIC’S RIGHT TO SPEAK 3
III. CHAIR, MAYOR PRO TEM, CITY CLERK, CITY ATTORNEY, PARLIAMENTARIAN AND THEIR DUTIES AT MEETINGS 5
CHAIR………………………………………………………………………………………………………………5
MAYOR PRO TEM .............................................................................. 5
CITY CLERK..................................................................................... 6
CITY ATTORNEY ............................................................................... 6
PARLIAMENTARIAN AND RULES OF ORDER........................................... 6
IV. COUNCIL MEETINGS AND MEETING PROCEDURES 6
TYPES OF MEETINGS ........................................................................ 6 STUDY SESSIONS ............................................................................ 7
ADJOURNED MEETINGS .................................................................... 7
EXECUTIVE SESSIONS ...................................................................... 7 MEETING NOTICES AND REQUIREMENTS ............................................. 8
ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL
GATHERINGS .................................................................................. 8
ABSENCES ...................................................................................... 9
RIGHT OF THE FLOOR ....................................................................... 9 ELECTED OFFICIALS’ MATTERS .......................................................... 9
V. ORDER OF BUSINESS AND THE AGENDA 9
SCOPE OF RULE ............................................................................... 9 ORDER OF BUSINESS…………………………………………………………………………………….9
AGENDA PREPARATION AND INITIATION OF AGENDA ITEMS……………………10
INITIATING AND ADDING AGENDA ITEMS ........................................... 11
PUBLIC HEARINGS .......................................................................... 12
ORDINANCES ON FIRST READING ..................................................... 12
TIME OF ADJOURNMENT................................................................... 12
VI. RECONSIDERATION 13
VII. SUSPENSION AND AMENDMENT OF THESE RULES 13
SUSPENSION.................................................................................. 13
AMENDMENT .................................................................................. 14
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RULES OF ORDER AND PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO
I. AUTHORITY
Sections 4.7 and 5.1 of the Home Rule Charter of the City of Wheat Ridge authorize
the City Council to determine its own rules of order and procedure for meetings.
The following Rules shall be in effect upon their adoption by the Council until such
time as they are amended or new Rules adopted in the manner provided by these
Rules.
II. PUBLIC’S RIGHT TO SPEAK
A. PUBLIC’S RIGHT TO SPEAK
1. Public’s right to speak at meetings of the City Council is of primary
importance. This Rule describes those rights and the manner in which they are exercised.
2. Public’s right to speak at Regular and Special Council Meetings
a) For non-agenda items: a member of the public may speak once per
meeting for a maximum of three (3) minutes on any item not on
the agenda.
b) For non-agenda items: a member of the public requiring translation
services may speak once per meeting for a maximum of six (6)
minutes.
c) For agenda items: a member of the public may speak once for each
agenda item, for any length of time unless time is limited by the
chair at the beginning of the item.
3. Public’s right to speak at Study Sessions:
a) A member of the public may speak once per agenda item for a
maximum of three (3) minutes.
b) A member of the public requiring translation services may speak
once per agenda item for a maximum of six (6) minutes.
c) Public comments will be heard at the beginning of the Study
Session, unless the Study Session is combined with a Regular or
Special Council meeting, in which case the comments may be taken at the beginning of that meeting.
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4. General Restrictions on Public’s Right to Speak
a) There is no limit on the number of persons who may speak,
provided, however, at the beginning of that portion of the meeting,
the chair may limit the amount of time per speaker and/or the total amount of time for Public’s Right to Speak, based on the number
of persons signed up.
b) Content of Public Comments are not censored, other than language
or behavior which directly threatens persons present in the room
or which is disrupting the conduct of the meeting.
c) Speakers should limit their comments to the spoken word and the
relevant topic or agenda item.
d) Speakers are required to sign the appropriate roster in the Council Chambers and will be called in order.
e) Written comments provided to the Council in any of the online tools
provided by the City, or in hard copy, are permitted on any agenda or non-agenda item and should be given to the City Clerk for
distribution to the Council members and inclusion in the record. It
is the expectation that Council members will read these comments
before the respective meeting. The reading of written comments
into the record is not permitted unless the author or a member of the public representing the author is present to read them into the
record at the written request of the author. A Council Member or
the City Clerk may read written comments into the record with the approval of the majority of the Council present. Any such individual
reading is limited to three (3) minutes on non-agenda items.
f) Speakers may provide other documents, photos, etc. to the Council
by giving them to the City Clerk.
g) The City Clerk, or his or her designee, is the designated timekeeper
for all time-limited comments.
h) Councilmembers and the Mayor have the choice of whether or not
to respond to members of the public after the completion of Public’s Right To Speak.
III. CHAIR, MAYOR PRO TEM, CITY CLERK, CITY ATTORNEY,
PARLIAMENTARIAN AND THEIR DUTIES AT MEETINGS
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A. CHAIR
1. The Mayor shall preside over the meetings of the City Council as the
Chair.
2. In the absence of the Mayor, the Mayor Pro Tem shall preside as the Chair.
3. The Chair shall preserve order and decorum, prevent personal attacks
or the impugning of member’s motives, confine members in debate to
questions under discussion, be responsible for conducting meetings in
an orderly manner, assure that the minority opinion may be expressed
and that the majority be allowed to rule.
B. MAYOR PRO TEM
1. At the first or second Regular meeting in January of each year, the Council shall elect a Mayor Pro Tem who shall serve until their
successor is elected. The procedure shall be as follows:
a) The Chair will announce that the floor is open for nominations for the position of Mayor Pro Tem.
b) Nominations will be taken from City Council members by voice.
No second is needed.
c) Each nominee will have the opportunity to address the Council.
d) A motion and second is then in order to elect one of the nominees to the position of Mayor Pro Tem. If the motion is not carried,
additional motions are in order until a Mayor Pro Tem is elected by
a majority of Council present.
2. If presiding as the meeting Chair, the Mayor Pro Tem shall have the
voting privileges of a regular Council Member.
3. The Mayor Pro Tem’s duties shall include reviewing and setting the
Agenda prior to Council Meetings and adding emergency items for
discussion if necessary. The Mayor Pro Tem shall have the authority to
remove any item from the Agenda of any Regular Meeting or Study
Session, before publication, with the exception of:
a) An item placed on the Agenda by two (2) Council Members or by the Mayor and one (1) Council Member prior to the meeting
pursuant to Rule V.D.1; or
b) An item added by the Council by majority vote of Council present during any meeting pursuant to Rule V.C.6.
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4. The Mayor Pro Tem shall arrange for and coordinate the orientation of all newly elected officials, including a review of these Rules, within two
(2) months after the election.
C. CITY CLERK
The City Clerk, or designated representative, shall attend all meetings of Council
and shall keep the official minutes.
D. CITY ATTORNEY
The City Attorney or acting City Attorney shall attend all meetings of the Council
unless excused by the City Council and shall, upon request, give an opinion, either
written or oral, on the question of law.
E. PARLIAMENTARIAN AND RULES OF ORDER
1. The Mayor shall function as the Council Parliamentarian, and may call upon the City Attorney for a recommendation on procedure, if desired.
2. The Parliamentarian shall advise members of Council on parliamentary
rules.
3. The current edition of Bob’s Rules of Order, as an advisory guide, shall
advise the Parliamentarian regarding questions of order and procedure
in all cases to which they are applicable and in which they are not
inconsistent with these Rules, the Wheat Ridge Home Rule Charter,
the Wheat Ridge Code of Laws or other laws governing the City.
4. In cases where the current edition of Bob’s Rules of Order, newly
revised, are inconsistent with these Rules of Order and Procedure,
these Rules of Order and Procedure control.
5. The Mayor (or the Mayor Pro Tem, if presiding), shall be the final
authority on all points of order or procedure, subject to override upon
a three-fourths (3/4) majority vote of the entire Council.
IV. COUNCIL MEETINGS AND MEETING PROCEDURES
A. TYPES OF MEETINGS
1. The Council meets for Regular and Special Meetings and Regular and Special Study Sessions.
2. Regular Meetings are held the second (2nd) and fourth (4th) Monday of
each month at 6:30 PM unless otherwise provided by amendment of these Rules.
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3. Study Sessions are held the first (1st) and third (3rd) Monday of each month at 6:30 PM, unless otherwise provided by the Mayor Pro Tem.
4. The Mayor Pro Tem may schedule additional Study Sessions as
necessary.
5. Council members are expected to attend Council meetings in person.
In the event of illness, weather, or other necessity, council members
may attend virtually by telephone or through the Zoom or other
remote attendance platforms provided by the City, as a last resort
B. STUDY SESSIONS
1. Study Sessions shall be for the purpose of discussing concepts and
ideas. No formal business shall be conducted. Consensus votes during
all Study Sessions are non-binding, with exception of consensus votes to schedule or decline to schedule a matter for consideration at a
Regular or Special Meeting, which may, however, be reconsidered
after six (6) months as permitted by Rule V.D.3. Until an issue is disposed of at a Regular or Special Meeting, it may be amended or
reconsidered in that or any future Study Session.
2. Public Comment will be allowed at the beginning of a Study Session as
provided by Rule II.A.3.
C. CONTINUED MEETINGS
Any Meeting of the Council may be continued by a majority vote of council members
present or the chair, to a later date and time, provided that no continuance shall
be for a period longer than the next Regular Meeting.
D. EXECUTIVE SESSIONS
1. The Council may meet in Executive Session on a vote of a majority of
City Council members present in a Regular or Special Meeting (Charter
Section 5.7).
2. No notes may be taken during an Executive Session except by the City
Clerk and/or City Attorney.
3. If, at any time during the Executive Session, a Council Member feels
that a matter is being discussed other than that stated as the purpose of the Executive Session, that member should so state and may
request that the Executive Session be terminated. If a consensus of
City Council Members present agree, the session shall be terminated
or the discussion shall be returned to the stated purpose of the
Executive Session.
4. All requirements of the Colorado Open Meetings Law shall be followed.
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E. MEETING NOTICES AND REQUIREMENTS
1. Meetings involving no more than two (2) Council Members, whether in
person, by telephone or other electronic medium and whether or not the
Mayor also attends, shall not be subject to any of the requirements of this Rule.
2. Meetings of any three (3) or four (4) Council Members must be open to
the public, but no advance notice is required.
3. All meetings of five (5) or more Council Members must be preceded by
public notice of the meeting posted at least 72 hours prior to the
meeting, with the exception of Special Meetings and emergency Special
Meetings, pursuant to Charter Section 5.2, on the City website and the
locations designated by resolution of the Council, listing the topic of the meeting, its location, time, and date. Copies of the notice shall be given
to all City Council Members and the City Clerk at least 72 hours before
the meeting.
a) The City Clerk is responsible for the posting of the meeting pursuant
to the Charter and Code.
b) There is no responsibility to post notices of meetings of other bodies
and groups, whether or not members of the Council are expected to
attend.
4. Public meetings arranged by the City for members of the public, such as
open houses and public input meetings, are not meetings of the City
Council.
F. ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL
GATHERINGS
1. The purpose for this rule is to permit the City to be represented by its
elected officials at meetings of other groups or organizations,
including, without limitation, intergovernmental organizations,
neighborhood organizations, business and service organizations, and
other organizations or groups with which the City has a relationship.
2. Any member of Council and the Mayor may attend meetings of other groups without prior notice, provided however, that any such meeting,
if attended by three (3) or more members of the Council, is open to
the public, pursuant to Section 24-6-401, et seq., C.R.S.
3. Social gatherings, at which the discussion of public business is not the
central purpose, shall not be subject to any of the requirements of
Rule IV.E.
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G. ABSENCES
In the event that a Council Member expects to be absent from a Regular or Special
Meeting or Study Session, the Member shall notify the City Clerk, and the City Clerk
will duly notify the City Council at the beginning of the meeting.
H. RIGHT OF THE FLOOR
1. The chair must first recognize each Council Member requesting to
speak unless limited by a motion to limit debate or for calling the
question. (applicable also to Study Sessions)
2. Speakers shall confine themselves to the question under discussion.
All discussion must be germane to the Agenda Item. (applicable also
to Study Sessions)
3. Members of Council shall avoid personal attacks and refrain from impugning the motives of any member’s argument or vote. (applicable
also to Study Sessions)
4. Once a vote, or in the case of a Study Session a Consensus, has been taken, there shall be no further discussion on that motion or Agenda
Item unless a motion to reconsider is adopted.
I. ELECTED OFFICIALS’ MATTERS
This is the time elected officials may make comments on any subject. Time limit
per elected official will be five (5) minutes.
V. ORDER OF BUSINESS AND THE AGENDA
A. SCOPE OF RULE: This Rule V shall apply only to Regular or Special Meetings, and not to Study Sessions, unless specifically noted.
B. ORDER OF BUSINESS
The general rule as to the Order of Business in Regular Meetings:
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE
• ROLL CALL
• APPROVAL OF MINUTES
• APPROVAL OF AGENDA
• PROCLAMATIONS AND CEREMONIES
• PUBLIC’S RIGHT TO SPEAK
• CONSENT AGENDA
• PUBLIC HEARINGS, ORDINANCES ON SECOND READING
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• ORDINANCES ON FIRST READING
• DECISIONS, RESOLUTIONS AND MOTIONS
• CITY MANAGER’S MATTERS
• CITY ATTORNEY’S MATTERS
• ELECTED OFFICIALS’ MATTERS
• ADJOURNMENT
C. AGENDA PREPARATION AND INITIATION OF AGENDA ITEMS
1. The Order of Business of each meeting shall be as contained in the
Agenda prepared by the Mayor Pro Tem following the Order of
Business provided in this Rule.
2. By majority vote of the City Council during any City Council meeting
the order of business for that meeting may be changed. The City Manager and City Attorney may also propose to add or delete items to
the Agenda of such meetings under “Approval of Agenda,” subject to
approval by a majority of the Council members present.
3. The Agenda shall be distributed to the members of City Council and
the public by 5:00 PM on the Thursday prior to the Monday of the
Regular Meeting.
4. The City Clerk’s Office shall be notified of the Agenda by noon on the
Wednesday preceding the Monday on which the City Council meets. All backup material and documents required for the Agenda shall be
filed with the Clerk’s office by 5:00 PM on that day in order to be
included in the City Council packet.
5. A majority of City Council Members present at a meeting is required
to direct the City Attorney or staff to draft an ordinance to be included
on the Agenda.
6. A majority vote of City Council Members present may add, change the
order of, or delete an item from, the Agenda under “Approval of
Agenda.” In Regular Meetings, this must be done before Public
Hearings and Ordinances on Second Readings.
7. The first option of introducing Agenda Items shall go to a representative of the City Council District to which the Agenda Item
pertains or to the City Council Member who initiated the item. Council
Agenda Items not specific to a City Council District may be introduced by any member requesting such privilege from the Chair in advance of
the meeting. The Mayor shall assign Agenda Item introductions and
notify each City Council Member and the City Clerk prior to each City
Council meeting.
8. Fiscal Notes. On any Agenda item containing a fiscal impact on the
City’s budget, the City Manager shall prepare a brief explanatory note
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that shall include a reliable estimate of any anticipated change in the expenditures or revenues to the City and whether such expenditures
or revenues shall be recurring in nature during future budgets years.
This shall include any principal and interest payments required to finance expenditures.
9. City Council may not approve an appropriation under City Manager’s
Matters, City Attorney’s Matters, or Elected Officials’ Matters.
D. INITIATING AND ADDING AGENDA ITEMS
1. City Council Members or the Mayor may each originate an Agenda Item
with the approval of one other City Council Member. Each City Council
Member and the Mayor shall be allowed to originate only two (2) items
per month to be added to the Agenda of a Regular Meeting or a Study Session, subject to the scheduling authority of the Mayor Pro Tem
under Rule III.B.3. It is the intent of this Rule that no more than two
(2) agenda items may be initiated by the Mayor or any City Council Member during any single month.
2. It is the responsibility of the originating City Council Member to provide
backup material for the City Council packet as to the subject or arrange
for that backup material to be prepared. No item may be included in
the Agenda without proper backup.
3. Other than by reconsideration pursuant to Rule VI, once an item has
been decided by a formal City Council vote at any Regular or Special
Meeting or by a binding consensus vote at any Study Session under Rule IV.B.1, it is not eligible to be added to a future Agenda for six (6)
months.
4. Motions made by City Council Members which are not in the City
Council packet should be submitted to the City Clerk and the Mayor in
writing during the City Council Meeting so they may be accurately
voted upon and included in the minutes.
5. During a Regular Meeting, under the City Manager’s Matters, the City
Attorney’s Matters or the Elected Official’s Matters portion of the Agenda, or at a Study Session, the Mayor, a City Council Member, the
City Manager, or the City Attorney may request that a motion be made
to add an item to a future Agenda for consideration, subject to approval by the City Council by a majority vote of Council present (for
addition to a Regular Meeting Agenda) or a consensus vote (for
additions to a Study Session Agenda).
6. The City Manager may add administrative and operational items to the
agenda during “Approval of Agenda.”
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E. PUBLIC HEARINGS
1. All speakers are requested to sign up on the appropriate roster,
indicating whether they intend to speak to a particular Agenda Item.
There is no time limit on individual public testimony, provided, however, that the chair may impose a limit on individual speakers’
time in consideration of the number of speakers signed up on the
hearing item and the available time for the hearing The City Council
shall not entertain a motion for the final disposition of the matter until
the City staff and applicant have made their presentations, if any, the
public has been able to speak on the matter, the City staff and the
applicant have been given the opportunity to clarify any issues raised,
and the public hearing has been closed, provided that motions regarding the conduct, scheduling or continuation of the public hearing
shall be proper at any time.
2. Hearings which are labeled as “Quasi-Judicial” matters on the Request for Council Action in the meeting packet:
a) Councilmembers shall refrain from communicating with each
other, the applicant, or the public prior to the hearing.
b) Written material and e-mails received prior to the hearing shall be
forwarded to staff for inclusion in the hearing record.
c) The chair shall swear in all witnesses, affirming their intention to
tell the truth
F. ORDINANCES ON FIRST READING
1. It is the goal and desire of City Council to allow all interested parties
to provide input during the Public Hearing/Second Reading on all
proposed ordinances. A full, complete, and open discussion of all
proposed ordinances is encouraged during the Public Hearing/Second
Reading.
2. Therefore, public comment and staff presentations will occur only
during the Public Hearing/Second Reading. First Reading will be for
the purposes of setting proposed ordinances for publication, and establishing a date for the Public Hearing/Second Reading.
G. TIME OF ADJOURNMENT
1. At 11:00 PM, the City Council shall complete action on the Agenda Item then under discussion and shall adjourn the meeting.
2. Prior to such adjournment, the City Council may take any of the
following actions:
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a) Acting by three-fourths (¾) majority vote of the City Council Members present, complete all or portions of the remaining
Agenda.
b) Acting by a majority vote of the City Council Members present, schedule any unfinished items for a future Regular or Special
Council Meeting.
c) Acting by majority vote of the City Council Members present,
continue the meeting to a later date and time certain.
VI. RECONSIDERATION
1. A motion to reconsider may be made only by a City Council Member
originally voting with the prevailing side.
2. Such motion to reconsider shall be made only at that or the next
scheduled Regular Meeting. A continued or rescheduled meeting shall
be considered a next scheduled Regular Meeting for the purpose of such motion to reconsider. If not reconsidered at that time, the issue
may not be placed on any agenda for six (6) months.
3. A motion to reconsider shall require an affirmative vote of a majority
of the entire City Council.
4. A City Council Member who was absent from the meeting at which the item was discussed may vote on the substantive matter following a
successful motion to reconsider provided that City Council Member
affirms, on the record, that he or she has listened to the recording of that Agenda Item.
VII. SUSPENSION AND AMENDMENT OF THESE RULES
A. SUSPENSION
Any provision of these Rules not governed by the Home Rule Charter or Code of
Laws may be temporarily suspended by a three-fourths (3/4) majority vote of the
City Council Members present.
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B. AMENDMENT
These Rules may be amended, or new Rules adopted by a majority vote of City
Council Members present at a Regular or Special Meeting, provided that the
proposed amendments or new Rules shall have been submitted in writing to City Council at a preceding meeting or a Study Session. Any City Council Member, or
the Mayor, may initiate an amendment of these Rules in the manner provided for
initiation of Agenda Items by Rule V.D. These Rules shall be reviewed and revised
by the City Council as needed and as provided for herein.