HomeMy WebLinkAbout09300
City Clerk’s Office Item # R-8
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: May 29, 2018
TO: Christopher A. Nicoll and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: AN ORDINANCE AMENDING THE LEGISLATIVE PROCEDURES AND RULES OF
THE PUEBLO CITY COUNCIL TO IMPLEMENT THE MAYOR-COUNCIL FORM
OF GOVERNMENT
SUMMARY:
Attached is a proposed Ordinance which makes various amendments to the legislative procedures
and rules of the Pueblo City Council to implement the change from a Council-City Manager form of
government to a Mayor-Council form of government.
PREVIOUS COUNCIL ACTION:
There has been no previous Council action regarding changes to the legislative rules of City Council
to implement the change in the form of government.
BACKGROUND:
On November 7, 2017, the voters of the City of Pueblo changed the form of government to a Mayor-
Council format. The charter amendment made numerous changes to the City Charter for the
purpose of changing the City’s Chief Executive Officer from City Manager to Mayor. The charter
amendment requires corresponding changes to the legislative procedures and rules of the Pueblo
City Council.
FINANCIAL IMPLICATIONS:
The financial implications associated with the change in the form of government are unknown at
this time.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If the City Council does not approve this Ordinance, the legislative procedures and rules of City
Council will be inconsistent with the amended City Charter.
RECOMMENDATION:
Approve the Ordinance.
Attachments:
Proposed Ordinance
ORDINANCE NO. 9300
AN ORDINANCE AMENDING THE LEGISLATIVE
PROCEDURES AND RULES OF THE PUEBLO CITY
COUNCIL TO IMPLEMENT THE MAYOR-COUNCIL FORM
OF GOVERNMENT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicates new matter being added)
SECTION 1.
The Legislative Procedures and Rules of the Pueblo City Council shall be and
hereby are amended as reflected in Appendix A, which is attached hereto and
incorporated herein by reference.
SECTION 2.
The officers and staff of the City are authorized and directed to perform any and all
acts consistent with this Ordinance to implement the policies and procedures described
herein.
SECTION 3.
This Ordinance shall become effective on the date when the Mayor takes office.
INTRODUCED: May 29, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
PASSED AND APPROVED: June 11, 2018
APPENDIX A - Legislative Procedures and Rules of
Council
Legislative Procedures
and Rules of Council
Adopted April 11, 1955
Amended Jan. 14, 19575
Amended Oct. 13, 1959
Amended Apr. 10, 1967
Amended Jan. 10, 1970
Amended June 25, 1973
Amended Sept. 10, 1973
Amended June 24, 1985
Amended Nov. 24, 1986
Amended Jan. 26, 1998
Amended Jan. 24, 2000
Amended Aug. 13, 2001
Amended Nov. 26, 2001
Amended June 28, 2004
Amended Sept. 24, 2007
Amended Aug. 11, 2008
Amended Nov. 24, 2008
Amended Dec. 10, 2012
Amended Feb. 23, 2015
Amended May 29, 2018
PREAMBLE
In order to achieve expeditious handling of City business and to provide efficient service to the public,
the following division of responsibility shall be observed.
(a) The City Council shall be responsible for the determination of all matters that properly
fall within the scope of policy and legislation.
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(b) The City Manager, or the administrative official designated by the Council
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City Manager, shall be responsible for carrying out policies established by the City
President
Council and for administering the affairs of the City.
(Amended 6-25-73)
ORGANIZATION
1. - Organizational Meeting - Election of Officers.
Each newly elected Council shall take office at noon on January 1, and hold its first meeting on the
second Monday following January 1 of the year following its election. At the first meeting of January
of each year, a President and Vice President shall be elected by ballot and results read into the record
by the City Clerk. A majority vote of the Council (four \[4\] members) shall be required for the election
of the above-named officers. In the event there are more than two (2) candidates for an office and no
individual receives a majority vote (four \[4\] members) in the balloting, the candidate receiving the least
number of votes shall withdraw.
(Amended 6-25-73; Res. No. 13171 § 1, 2-23-15)
2. - Invocation - Roll Call.
The President of the Council, or in his or her absence, the Vice President of the Council, shall take
the Chair at the hour appointed for the City Council to meet, and shall immediately call the members
to order. Following the invocation, which may be given by a representative of the local clergy, the City
Clerk shall call the roll and enter upon the Journal of the meeting the names of the members present.
Four (4) members of the Council shall constitute a quorum to do business. In the absence of a quorum
at the time appointed for a meeting, the members present shall adjourn the meeting to another
designated time.
(Amended 6-25-73)
3. - Temporary Chairman.
In case of the absence of the President and Vice President of the City Council, the City Clerk shall
call the City Council to order and call the roll of the members. If a quorum is found to be present, the
City Council shall proceed to elect, by a majority vote of those present, a chairman of the meeting, to
act until the President or Vice President of the Council appears.
4. - Appeals From Decision of the Chair.
The Chair shall preserve decorum and decide all questions of order, subject to appeal to the City
Council. In case of an appeal from a ruling of the Chair, the question shall be: "Shall the decision of
the Chair stand as the decision of the Council?" If a member transgresses the rules of the City Council,
the Chair shall call him or her to order, in which case he or she shall be seated, less permitted to
explain.
5. - Presiding Officer - Leaving Chair.
The presiding officer at a meeting may call any other member to take his or her place in the chair, but
the substitution shall not extend beyond adjournment. By presiding officer is meant either the
President or Vice President of the Council or chairman of the meeting.
MEMBERS - DUTIES AND PRIVILEGES
6. - Addressing Chair.
Every member speaking to a question or making a motion shall address the Chair as "Mr. President,"
who shall thereupon pronounce the name of the member entitled to the floor. Members addressing
the City Council shall confine themselves to the question under debate and avoid personalities.
7. - Debate - Limitation.
No member shall be allowed to speak more than once upon any one (1) subject until every other
member choosing to speak thereon shall have spoken, and no member shall speak more than twice
upon any one (1) subject, nor for a longer time than five (5) minutes without leave of the City Council.
8. - Voting.
(a)
The City Council shall act only by ordinance, resolution or motion. Every Council member present
when a question is put shall vote thereon. Every ordinance, resolution or motion shall require the
affirmative vote of the majority of the membership of the entire Council for approval and passage.
(b)
Whenever a vote is taken, each Council member present shall vote "aye" or "nay" and record such
vote upon the electronic voting machine by moving the appropriate switch. After all members have so
voted, the presiding officer shall cause the vote of the Council to be flashed upon a recording board
which board shall be plainly visible to the City Council and spectators present in the Council
Chambers. The City Clerk shall then record the vote of each member of the City Council upon the
Journal of the Council's proceedings before passing on to the next order of business.
(c)
In the event the electronic voting machine becomes inoperative during any meeting, the City Clerk
shall call the roll in alphabetical order with the same Councilman being called first throughout the
meeting. The City Clerk shall record the oral vote of "aye" or "nay" of each Council member upon the
Journal of the Council's proceedings. (Amended 1-14-57; 4-10-67; 6-25-73; 9-10-73)
9. - Vote of Absent Council member.
It shall be improper for any Council member to state or attempt to state the vote or sentiments of any
absent Council member or for the City Clerk to make any reference in the minutes to such an attempt.
(Amended 6-25-73)
10. - Division of a Question.
On demand of any member, a question under consideration covering two (2) or more points shall be
divided where the question admits such division.
11. - Dissents and Protests.
Any member shall have the right to express dissent from or protest against any ordinance or resolution
of the City Council, and have the reason therefor entered upon the Journal. Such dissent or protest
must be filed in writing, couched in respectful language, and presented to the City Council not later
than the next regular meeting following the date of passage of the ordinance or resolution objected
to.
12. - Excusal During Meeting.
Any member desiring to be excused from the remaining portion of any Council meeting while the City
Council is in session shall obtain such permission from the presiding officer.
(Amended 6-25-73)
ORDER OF BUSINESS
13. - Council Meetings.
All meetings of the City Council shall be held in the Council Chamber at City Hall, Pueblo, Colorado.
Regular meetings of the City Council shall be held on the second and fourth Mondays of each month,
commencing promptly at 7:00 p.m.
(Amended 1-14-57; 6-25-73; 1-26-98; 1-24-00)
14. - Special Meetings.
(a)
Special meetings may be called by the President or at the request in writing of the chairman of the
Executive Committee or of a majority of the Council. Notice of the date, time and purpose of called
special meetings of Council shall be given to members, not less than eighteen (18) hours before the
time fixed for the meeting.
(b)
Meetings of the City Council as an Executive Committee shall be deemed to be special meetings for
the purpose of these Legislative Procedures and Rules of Council and executive sessions as provided
in Article 17.1, except that the presiding officer shall be the chairman of the Executive Committee.
(c)
No invocation or pledge of allegiance shall be required for meetings of the City Council as an Executive
Committee.
(Amended 6-25-73; 1-26-98; 8-13-01; 9-24-07; 11-24-08)
15. - The Agenda.
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The Mayor, City Manager, with the assistance of the City Clerk, shall prepare the Agenda for all
Council meetings. The Agenda shall include all items requiring Council action. In addition to the
Mayor, any Councilmember shall have the right to place an item on the Agenda for all Council
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meetings. Whenever possible, the Mayor Manager or Councilmember shall submit to the City
Council all facts necessary for the City Council to properly study the item and make a decision thereon.
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To this end, the Mayor Manager or Councilmember may give his or her recommendation on items
under consideration. All matters to appear on the Agenda for regular Council meetings shall be filed
with the City Clerk eleven (11) days prior to the regular Council meeting. The City Clerk shall be
furnished copies of all ordinances or resolutions so that full agenda packets may be delivered to the
City Council or posted on the City's website no later than four (4) days prior to the regular meeting
date. Matters not filed with the City Clerk in accordance herewith shall not be considered, but shall lie
over until the next regular meeting unless leave for immediate consideration be granted by a majority
vote of the members of the City Council present at the meeting.
(Amended 1-12-70; 6-25-73; 1-26-98; Res. No. 13171 § 2, 2-23-15)
15.1. - Order of Business.
(a) The Order of Business at all Council meetings, general and special, shall be:
(1) Invocation.
(2) Pledge of Allegiance.
(3) Roll Call.
(4) Special Recognitions.
(5) Public Forum.
(6) Council Comments.
(6.1) Amendments to and Approval of Agenda.
(7) Reading and Approval of Journal of Proceedings of Previous Meeting.
(8) Communications:
a. Reports, Minutes and Other Communications of Council Committees
and Boards and Commissions of the City.
b. Other Communications.
(9) Public Hearings:
a. Special Improvement Districts.
b. Annexations.
c. Budget Hearings.
d. Other Hearings.
(10) Resolutions:
a. Financial and Budgetary Matters.
b. Leases, Concessions and Special Permits.
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c. Approval of Grant Applications Contracts requiring Council
Authorization.
d. Others.
(11) Ordinances - First Presentation. NOTE: First Presentation of Special
Assessment Ordinance shall be preceded by a Public Hearing.
(12) Ordinances - Second; Third Presentation. NOTE: Each ordinance is to be
immediately preceded by the Public Hearing as required by Charter.
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(13) Reports, Memoranda and Recommendations of the Mayor. City Manager.
(14) Council Policy Matters.
(15) Other Matters.
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(16) Consent Agenda. The Mayor City Manager in preparing the Agenda for any
Council meeting may separate Resolutions and Ordinances - First Presentation into a
Consent Agenda and a Regular Agenda. All items listed on the Consent Agenda shall be
considered routine matters and, after reading the captions thereof, may be enacted and
adopted by one (1) motion of the Council without discussion. If a member of the Council
requests prior to approval of the Agenda that any one (1) or more of the items on the Consent
Agenda be moved to the Regular Agenda, such item or items shall be moved to the Regular
Agenda. Items so moved will be taken up in their Consent Agenda order prior to the first item
of the Regular Agenda.
(b) The Order of Business may be altered by a majority vote of the members of the entire
City Council.
(c) Relevant Public Comment on Regular Agenda Resolutions. Relevant public comment
may be made by any interested resident of the City on any Resolution listed on the Regular Agenda,
except those appointing members to boards and commissions, provided that such resident shall,
prior to the commencement of the regular Council meeting during which the Resolution will be
considered, sign his or her name and address and identifies the Resolution by agenda item number
on the Resolution Public Comment sheet made available for that purpose. Those wishing to address
City Council will be allowed a five-minute presentation. A maximum of six (6) people will be allowed
to address City Council for each Regular Agenda Resolution for a five (5) time limit.
(Amended 10-13-59; 6-25-73; 6-24-85; 1-24-00; 8-13-01; 9-24-07; 8-11-08; 11-24-08; Res.
No. 13171 §§ 3, 4, 2-23-15)
15.2 - Invocations.
(a) Invocation or legislative prayer may be given individually by members of the City
Council or by a religious leader selected in the following manner:
(1) The City Clerk shall annually send an invitation to religious leaders from
congregations in the City of Pueblo, Colorado listed in the local phone book or otherwise
made known in writing to the City Clerk.
(2) Based on response to invitations received by the City Clerk, the City Clerk
shall maintain a record of religious leaders and schedule the giving of invocations on a first-
come, first-serve basis.
(b) Invocations must be nonsectarian with elements of the American civil religion and not
be used to proselytize or advance one faith or belief or to disparage any other faith or belief and
should avoid invoking the name of a specific deity or supernatural being.
(c) Invocations are for the purpose of solemnizing City Council meetings, seeking Divine
guidance on the works of the City Council, bringing the unifying aspects of our heritage to the difficult
task of public deliberation and encouraging the recognition by the City Council of what is worthy of
appreciation in society.
(d) Invocations are given for the benefit of the City Council; however, persons attending
the City Council meeting may participate during the invocation but need not do so.
(e) Invocations shall be reasonable in length of time in accordance with their purpose
and shall in no event exceed three (3) minutes.
(Added 12-10-12)
16. - Reading of the Journal.
At each meeting, the Journal of the preceding meeting shall be read unless the reading shall be
dispensed with by motion approved by a majority of the members of the entire City Council. If no
objection is made to the Journal, the same shall be approved.
(Amended 6-25-73)
17. - Public Record.
Except for duly held executive sessions, the City Council shall sit with open doors at all meetings and
shall keep a journal of its proceedings which shall be a public record.
(Amended 8-13-01)
17.1. - Executive Sessions.
(a) Executive sessions of the City Council not open to the public may be held at any
regular or special meeting upon announcement of the topic for discussion in the executive session,
including specific citation to the provisions of Section 24-6-402(4), C.R.S., authorizing the executive
session and identification of the particular matter to be discussed in as much detail as possible
without compromising the purpose for which the executive session is authorized, and the affirmative
vote of two-thirds (2/3) of the quorum present.
(b) A record of the actual contents of the discussion during an executive session shall be
made by tape recording. If tape recording equipment is not available or malfunctions, written minutes
shall be taken and kept by the City Attorney if present or, if not present, by the presiding officer of
the executive session.
(c) The tape recording or minutes, if any, of the executive session must reflect the
specific statutory provision authorizing the executive session. The tape recording of the executive
session shall be dated, labeled and signed by the presiding officer of the executive session. The tape
recording or minutes, if any, of the executive session shall be maintained by the City Attorney unless
the City Attorney was the subject of the executive session or did not participate in the executive
session, in which event the record shall be maintained by the presiding officer of the executive
session.
(d) If written minutes and not a tape recording of the executive session are made, the
presiding officer of the executive session shall attest in writing that the written minutes substantially
reflect the substance of the discussion during the executive session, and such minutes shall be
approved at a future executive session.
(e) The tape recording or minutes, if any, of the executive session shall be maintained
for ninety (90) days after the date of the executive session, and shall not be disclosed to any person
except as required by law. The tape recording or minutes, if any, of the executive session shall be
destroyed after said ninety-day period, unless within said ninety-day period a request for inspection
of the record has been made.
(f) If the City Attorney or other attorney representing the City Council is in attendance at
the executive session and states on the record that all or a portion of the discussion during the
executive session constitutes a privileged attorney-client communication, no record shall be required
to be kept of the part of the discussion that constitutes a privileged attorney-client communication.
The tape recording or minutes, if any, of the executive session shall reflect that no further record was
kept of the discussion based on the opinion of such attorney. If written minutes and not a tape
recording of the executive session are made, the attorney shall attest in writing that in his opinion
such part of the discussions not included in the written minutes constituted a privileged attorney-
client communication, and the presiding officer shall attest that the portion of the executive session
that was not recorded was confined to the topic authorized for discussion in the executive session.
(g) No adoption of any proposed policy, position, resolution, rule, regulation or formal
action shall occur at any executive session not open to the public.
(Amended 8-13-01)
COMMITTEES
18. - Appointment of Committees.
(a) The City Council shall meet as an Executive Committee upon call of the President or
at the request of a majority of the City Council or on call of the chairman of the Executive Committee
to discuss matters pending or proposed.
(b) The President shall appoint the chairman of the Executive Committee and may
appoint special committees to assist in the study of items before the City Council. The Committee so
appointed shall serve until the matter is disposed of by the City Council.
(Amended 6-25-73)
MISCELLANEOUS
19. - Motions to Be Stated by Chair Withdrawal.
When a motion is made and seconded, it shall be stated by the Chair before debate. Any member
may demand that it be reduced to writing. A motion may not be withdrawn by the mover without the
consent of the member seconding it or the approval of a majority of the City Council.
20. - Motions Procedure During Debate.
When a question is before the City Council, no motion shall be entertained except:
(1) To adjourn;
(2) To lay on the table;
(3) The previous question;
(4) To postpone to a certain time;
(5) To refer;
(6) To amend;
(7) To postpone indefinitely.
Such motions shall have precedence in the foregoing order. A roll call may be ordered at any time to
ascertain the number of members present.
21. - Motion to Adjourn or Recess - When Not in Order - Not Debatable.
A motion to adjourn or recess shall be in order at any time, except as follows:
(1) When repeated without intervening business or discussion;
(2) When made as an interruption of a member while speaking;
(3) When the previous question has been ordered;
(4) While a vote is being taken.
A motion to adjourn or recess is debatable only as to the time to which the meeting is adjourned or
recessed.
22. - Motion to Lay on the Table.
A motion to lay on the table shall preclude all amendments or debate of the subject under
consideration. If the motion shall prevail, the consideration of the subject may be resumed only upon
motion of a member voting with the majority and with the consent of the majority of the City Council.
23. - Anonymous Communications.
Unsigned communications shall not be introduced in the City Council.
24. - Previous Question.
The previous question shall be stated in these words: "Shall the main question be now put?" If the
previous question is ordered, there shall be no further amendment or debate. Pending amendments
shall be put in their order before the main question.
25. - Motion to Postpone.
All motions to postpone, excepting a motion to postpone indefinitely, may be amended as to time. If a
motion to postpone indefinitely is carried, the principal question shall be declared lost.
26. - Motion to Amend.
A motion to amend shall be susceptible of but one (1) amendment. An amendment once rejected may
not be moved again in the same form.
27. - No Debate of Motion.
The following questions shall be decided without debate:
(1) To suspend the rules;
(2) To adjourn;
(3) To take a recess;
(4) To lay on the table;
(5) To take from the table.
28. - Suspension of Rules.
Unless otherwise provided by Charter, any legislative procedure or rule of the City Council may be
suspended by a majority vote of the entire City Council without debate.
(Amended 11-24-86; 11-26-01)
29. - Reconsideration.
A motion to reconsider a proposal that has been acted upon must be made prior to adjournment of
the meeting at which the vote was taken or at any meeting, regular, recess or special held within ten
(10) days of such meeting. A motion to reconsider may be made by any member voting with the
prevailing side. A majority vote of the entire City Council shall be sufficient for reconsideration of a
vote. If a motion to reconsider is lost, it shall not again be entertained.
(Amended 6-25-73)
30. - Procedure in Absence of Rule.
In the absence of a rule to govern a point of procedure, the latest edition of Robert's Rules of
Order shall govern the City Council's actions.
31. - Ordinances, Resolutions, Motions.
All ordinances and resolutions shall be introduced in written or printed form; and ordinances,
resolutions and motions shall conform and comply with the provisions of Article 3 of the City Charter.
(Amended 6-25-73)
32. - Permission Required to Address Council.
Persons of the audience shall not be permitted to address the City Council unless permission is
granted by the Chair. The decision of the Chair may be overruled by a vote of a majority of the City
Council.
33. - Excused Absences.
The absence of a member of the City Council from any regular or special Council meeting shall not
be deemed to be an absence without reasonable excuse unless such absence shall be found to be
unreasonable by a majority vote of the entire membership of the City Council.
(New 6-25-73)
34. - The Council Chamber.
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The Council Chamber shall be under the supervision and control of the Mayor City Manager when
the City Council is not in session. Except as herein provided, it shall be used solely by the City Council
and its committees for the transaction of public business of the City. If not required for such use, the
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Mayor City Manager may permit its use by other agencies for the transaction of public business.
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Application for such use shall be made to the Mayor City Manager in such manner as may be
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prescribed by him or her. Any permission so granted may be cancelled or revoked by the Mayor City
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Manager forthwith, where necessary for the protection of City property, the preservation of order or
other sufficient reasons.
35. - Governmental and Public Access Television Channels.
All material containing the image and/or statements of an incumbent member of the City Council who
intends to seek election to any public office, including reelection as a member of the City Council,
shall not be aired or presented on any government or public access cable television channel subject
to control by the City of Pueblo within sixty (60) days immediately preceding the election at which the
incumbent member of the City Council seeks to be elected. This prohibition shall not be applicable to
airing of regular or special meetings of the City Council and associated informational material on
councilpersons, nor to events at which a councilperson's image and/or statements are of relatively
short duration and incidental to the material being aired or presented, such as, by way of example,
the Colorado State Fair parade. The President of the City Council is authorized and directed to take
all appropriate means necessary to enforce this Article.
(New 6-28-04)
17-16-511 - Review Criteria