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Item 2.
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| City Council Work Session | |
| Date: | 08/01/2022 |
| Title: | City Council rules of procedure and order of business discussion |
| Presented by: | Gina Dahl |
| Department: | Legal |
| Presentation: | Yes |
| Legal Review | Not Applicable |
RECOMMENDATION
This is an informational presentation and requires no action. Staff requests feedback from Council regarding any additional changes it would like to see in sections 2-211 through 2-241 of BMCC.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
City Council has indicated it would like to see changes made to section 2-214, BMCC - Order of business for regular meetings. City Council has routinely been making motions to modify the order of business to accommodate public comment on non-agenda items earlier in the meeting instead of at the end of meeting. Because the order of business is dictated by ordinance, City Council is required to modify the order of business by a formal vote at every meeting.
During the review of this section (2-214), legal staff has determined it is appropriate to enlarge the scope of review and included sections 2-211 through 2-241, which encompass all of the rules of procedure for City Council meetings. Legal staff made several formatting changes to "clean up" various sections and to clarify procedures.
Apparently, there were previous discussions in late 2019 and early 2020 about removing the rules of procedure from BMCC and enacting such procedures through Council resolution to make it easier to modify processes in the future, when necessary. However, City Charter section 3.10 provides that "[t]he Council shall establish by ordinance its rules of procedure and time and place of meetings." Therefore, it is not possible to remove these provisions from BMCC without a Charter amendment. Additionally, it appears that City Council previously repealed prior resolutions that established City Council meeting times and rules of order on October 23, 2002. See attached Resolution 02-17874. Apparently, despite the Charter requirement in section 3.10, previous City Councils had been establishing its rules of procedure and time/place of meeting by resolution for many years until it took action to discontinue this practice in October 2002.
Legal staff has also prepared a separate resolution regarding remote participation during meetings. This resolution specifies Council's policy and requirements for remote participation at meetings.
During the review of this section (2-214), legal staff has determined it is appropriate to enlarge the scope of review and included sections 2-211 through 2-241, which encompass all of the rules of procedure for City Council meetings. Legal staff made several formatting changes to "clean up" various sections and to clarify procedures.
Apparently, there were previous discussions in late 2019 and early 2020 about removing the rules of procedure from BMCC and enacting such procedures through Council resolution to make it easier to modify processes in the future, when necessary. However, City Charter section 3.10 provides that "[t]he Council shall establish by ordinance its rules of procedure and time and place of meetings." Therefore, it is not possible to remove these provisions from BMCC without a Charter amendment. Additionally, it appears that City Council previously repealed prior resolutions that established City Council meeting times and rules of order on October 23, 2002. See attached Resolution 02-17874. Apparently, despite the Charter requirement in section 3.10, previous City Councils had been establishing its rules of procedure and time/place of meeting by resolution for many years until it took action to discontinue this practice in October 2002.
Legal staff has also prepared a separate resolution regarding remote participation during meetings. This resolution specifies Council's policy and requirements for remote participation at meetings.
ALTERNATIVES
The only alternative for item is to engage in discussion and provide any feedback on any changes Council would like to see in its rules of procedure for meetings.
FISCAL EFFECTS
There is no significant fiscal impact regarding this agenda item.