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City of McCall
RESOLUTION NO. 21-08
A RESOLUTION OF THE CITY OF MCCALL ADOPTING THE UPDATED MANUAL OF
CITY GOVERNANCE POLICIES, PROCEDURES, AND GUIDELINES FOR THE
COUNCIL-MANAGER FORM OF GOVERNMENT.
WHEREAS, the City Council desires that city government be transparent and accountable to the
public; and
WHEREAS,the City Council seeks to govern in a manner that is responsive to the community, in
collaboration with City management, and in a business-like and professional manner; and
WHEREAS, written principles, policies, and procedures best assure an atmosphere conducive to
principled, accountable, and transparent governance; and
WHEREAS, it was identified by the Council and staff the need to update the manual to meet the
current practices of the Council; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF McCALL DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1: There is hereby adopted by reference, "City of McCall Manual of City Governance
Policies, Procedures and Guidelines" dated February 25,2021,which is attached hereto as Exhibit
"A"
Section 2: This Resolution shall take effect and be in force immediately upon its passage and
approval.
Passed and approved this 25 day of February 2021.
� CITY OF MCCALL
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Z Robert S. Giles, Mayor
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Page 1 of 1
Resolution 21-08 Governance Manual Update
February 25,2021
EXHIBIT A
Manual of City Governance Policies,
Procedures, and Guidelines
Cilety of McC
Resolution No. 13-23
Adopted December 19, 2013
Resolution No. 16-18
Revised and Adopted
July 14, 2016
Resolution No. 21-08
Revised and Adopted
February 25, 2021
Vision Statement
McCall will be a diverse, small town united to maintain a safe, clean, healthy, and attractive
environment. It will be a friendly, progressive community that is affordable and sustainable.
McCall's unique character is defined by its environment, history, culture, and people. Preserving
and enhancing the character and exceptional environment of the McCall Area, in concert with
providing guidance for growth, is a fundamental purpose of the Comprehensive Plan.
Mission of the Council
The McCall City Council is the Governing Board for the City. The Council is responsible for
establishing the legislation, policies, and overall direction for the City. The City Council's
authority is defined by Idaho Code and McCall City Code. There are many relevant portions of
Idaho Code, including Title 50,Chapter 7, and Title 50, Chapter 8.
Purpose
This manual, and its governance policies and rules of procedure,are designed to provide guidance
for the Council and City Administration. They are not to be considered restrictions or expansions
of Council authority. These rules have been prepared from review of many statutes, ordinances,
court cases and other sources but they are not intended to be an amendment or substitute for those
statutes, ordinances, court decisions or other authority.
Use of Rules by Council
No action taken by a Councilor or by the Council which is not in compliance with these rules,but
which is otherwise lawful, shall invalidate such Councilor's or Council action or be deemed a
violation of oath of office, misfeasance or malfeasance. No authority other than the Council may
enforce these rules or rely on these rules. References to other documents or laws included herein
do not signify the intent to incorporate such documents in their entirety. Failure of the Council to
follow any of these rules shall be considered a Council decision to waive such rule.No notice of
such waiver need be given.
Public Use or Reliance Not Intended
Because these rules are designed to assist the Council and not to provide substantive rules affecting
constituents, it is expressly stated that these rules do not constitute land use regulations, Official
controls, "appearance of fairness rules", public hearing rules or other substantive rules binding
upon or to be used by or relied upon by members of the public.These rules do not amend statutory
or other regulatory(such as ordinance)requirements.
Amendments or Suspension of Portions of this Manual
Amendments of all or any part of these rules may be made by resolution or temporarily suspended
by motion until changed,provided there is no conflict with any superior statute.
pg.2
Governance Manual
Rev 2021
Table of Contents
FUNCTIONING OF CTI'Y COUNCIL................................................... pg 1
CITY ADMINISTRATION.................................................................. pg 2
RELATIONSHIP BETWEEN COUNCIL,
CITY MANAGER,STAFF,AND PUBLIC .............................................. pg 4
TYPES OF GOVERNING ACTIONS ................................................... pg 5
GOVERNING ACTIONS BY ORDINANCE .......................................... pg 8
LEGAL CONSIDERATIONS............................................................. pg 9
COUNCIL MEETINGS .................................................................... pg 10
COUNCIL MEETING AGENDAS AND PACKETS ................................. pg 18
pg. 3
Governance Manual
Rev 2021
FUNCTIONING OF CITY COUNCIL
Values
City leaders, including members of the Council, the City Manager, and Officers, listen to the
community in a way that fully represents the community's interests and goals. Council and staff
should make the maximum effort to collaborate in every endeavor, seeking consensus as often as
possible. Council Members should individually, and collectively, demonstrate the ability to lead
and reason together.City leaders exhibit respect for the professionalism and ethical conduct of the
City Manager and staff. Leaders strive to achieve sustainable outcomes in City policies and
administration,with sustainable results for the community,environment,and for City finances and
the local economy.
Council Members
Any person shall be eligible to hold the office on the city council who is a qualified elector of the
city at the time their declaration of candidacy or declaration of intent is submitted to the city clerk
and remains a qualified elector during their term of office. The council shall have all powers
delegated under general law, appoint a chief administrative officer to be known as the city
manager, and confirm all appointments of department heads made by the city manager.
The Council consists of five (5) Officials, each elected to four (4) year terms. The terms are
staggered with two (2) or three (3) having terms expiring at the end of odd-numbered years.
Individual Council Members do not have governing power as individuals,but only when meeting
as a Council, when a quorum (three or more) is present. The City shall comply with the Open
Meeting Act under Idaho law.
Biennially at the first meeting of the new Council, the members shall choose by majority vote a
Mayor from amongst the members and select the Council President,who presides at meetings and
coordinates with the City Manager when the Mayor is unavailable or absent. In the absence of both
of the Mayor and Council President,the meeting will be presided over by a member of the Council
selected by a majority of the Council Members at such meeting.The Council also selects individual
Council liaison roles based on the desire,qualifications, and skills of interested Council Members.
It is a duty of staff and Council who represent the City to advocate positions that are consistent
with City policies,projects,and plans.Council approves liaison duties to community organizations
for arts, human services, business community, tourism organizations, etc., based on desire and
qualifications.One or more Council Members may"sponsor"an ordinance or resolution,including
amendments to any City codified ordinance. Council expense reimbursement is limited to the
current budget; travel and other expenses must be supported by receipts; and may be subject to
other limits on type and amount.
Filling Council Vacancies
If a vacancy occurs,the Council will follow the procedures provided in MCC Title 1,Section 1.8.8,
in order to fill the vacancy with the most qualified person available until an election can be held
as provided by IC Title 50, Chapter 4. The Council will publish a notice of the vacancy, the
procedure, and distribute the application form for soliciting candidates. The Council will draw up
an application,which contains relevant information to answer set questions posed by the Council.
The application forms will be used in conjunction with an interview of each candidate to aid the
Council's selection of the new Council Member.
pg. 1
Governance Manual
Rev
McCall City Code 1.8.8: PROCEDURES FOR FILLING VACANCIES ON COUNCIL:
In the event a vacancy exists in the membership of the Council, the Council shall adopt a motion
to meet as a Committee of the Whole. The Committee of the Whole shall consider the matter of
an appointment to fill such vacancy, make a recommendation to the Mayor and adjourn. The
Council then having been called back into its session;the Mayor shall appoint such person as was
recommended by the Committee of the Whole; the Mayor may vote against confirmation of that
appointment if the Mayor chooses to do so.
Committee of the Whole Defined:
The entire membership of a legislative body, sitting in a deliberative rather than a legislative
capacity, for informal debate and preliminary consideration of matters awaiting legislative action.
Process after the interview of each candidate:
• Mayor will ask for a motion to meet as a committee of the whole,motion will require a roll
call vote
• The City Clerk will act as facilitator.
• The Council will:
o Discuss the merits of each applicant.
o Make nominations of candidates to fill the vacancy,there may be multiple nominations
o Discuss the merits of each nomination
o Come to a consensus of one candidate to be appointed
• Mayor will call the Council back into Session
Once the Council is back into regular session the Mayor will then call for a motion of appointment,
motion will require a roll call vote.
Mayor Duties ("Mayor")
The Council-selected Mayor presides at Regular and other Meetings of the Council. Serving as
Mayor of the meeting shall not in any way abridge the right of the Mayor to vote on matters coming
before the Council at such meeting; however has no veto power. In addition to the powers
conferred upon them as a Council Member, the Mayor is to be recognized as the Official Head of
the City for all ceremonial purposes, by the courts for the purposes of serving civil processes, and
by the Governor for military purpose. The Mayor may use the title of Mayor in any case in which
the execution of contracts or other legal instruments in writing, or other necessity arising from the
general laws of the State of Idaho may require, but this shall not be construed as conferring upon
the office administrative powers or functions of a Mayor under the general laws of the state per
Idaho Code.In addition to the powers conferred upon him or her as Mayor,he or she shall continue
to have all the rights, privileges, and immunities of a member of the Council. See IC 50-809 and
Title 1, Chapter 8, for a complete description of the duties of the Mayor.
pg.2
Governance Manual
Rev 2021
Mayor Selection
• The City Clerk will act as facilitator
o A review of the Mayoral Duties will be provided and discussed
o Poll each Council Member with the question "Would you like to serve as Mayor and
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• The Council will:
o Discuss the merits of each interested person
o Make nominations of candidates to fill the position of Mayor, there may be multiple
nominations
o Discuss the merits of each nomination
o Come to a consensus of one candidate to be appointed
• The Clerk will then call for a motion of appointment, motion will require a roll call vote.
Council President
Biennially at the first meeting of a the Council, or periodically,the members thereof, by majority
vote, may designate one of their number as Council President for such period as the Council may
specify,to serve in the absence or temporary disability of the Mayor;or,in lieu thereof,the Council
may, as the need may arise, appoint any qualified person to serve as Council President in the
absence or temporary disability of the Mayor.
Council President Selection
• The Mayor will act as facilitator
o A review of the Council President Duties will be provided and discussed
o Poll each Council Member with the question "Would you like to serve as Council
President and why?"
• The Council will:
o Discuss the merits of each interested person
o Make nominations of candidates to fill the position of Council President,there may be
multiple nominations
o Discuss the merits of each nomination
o Come to a consensus of one candidate to be appointed
• The Mayor will then call for a motion of appointment, motion will require a roll call vote.
Council Liaison
With Council approval, a Council Member may serve for two calendar years as the Council's
Liaison (i.e. representative), to an organization. A Liaison is responsible for facilitating
communication,collaboration,and coordination with the designated organization,and with regular
reporting and accountability to the Council. There are typically Council Member Liaisons to four
types of organizations:
pg.3
Governance Manual
Rev 2021
1. A county-wide or regional policy or governing body or intergovernmental organization
(such as the Valley County Economic Development Council);
2. A community organization (such as an arts, business or social service organization, such
as the McCall Chamber of Commerce);
3. A governing or inter-agency board functioning in the City (such as the McCall
Redevelopment Agency); and
4. A citizen board, commission, or committee of the City.
CITY ADMINISTRATION
City Manager
The City Manager is the chief administrative officer of the City. The City Manager is appointed
by and directly accountable to the Council for the execution of the Council's legislative policy
directives,and for the administration and management of City departments.The powers and duties
of the City Manager are defined by State law (IC 50-811) and City Code. Such duties may be
expanded or clarified by job description, resolution, or Council directive(motion). Balanced with
the City Manager's accountability to the Council for policy execution is the need for the Council
to allow the City Manager the freedom to perform those duties and responsibilities in his/her day-
to-day management.
The City Manager, as the Chief Administrative Officer of the City,prepares the proposed budget;
administers code and policy, and carries out policies and procedures adopted by the Council. The
City Manager makes appointments and removals of employees and may delegate such powers to
department heads,provided, that nothing herein shall be construed to prohibit the Council, while
in a duly called Council Meeting,from fully and freely discussing with the City Manager,anything
pertaining to appointments and removals of City officers and employees and City affairs.
The City Manager shall attend all meetings of the City Council, unless excused by the Mayor or
Council. The City Manager may recommend for adoption by the Council such measures as he/she
may deem necessary or expedient,prepare and submit to the Council such reports or proposals as
may be required by the body or as the City Manager deems advisable to submit; keep the Council
fully advised as to the business and finances of the City; and when appropriate, shall take part in
the Council's discussion on all matters concerning the welfare of the City. In the event that the
City Manager is unable to attend a Council Meeting, the City Manager shall appoint a key staff
member to attend the meeting as the representative of City Administration.
During Council Meetings, the Mayor should rely on the City Manager to introduce the
administrative participation on agenda items and should offer opportunity for comment or
recommendation of the City Manager before final vote on important matters.
Role of City Attorney
The City Attorney's ultimate client is the City itself—a municipal corporation. The City Attorney
is contracted by the City Council. The City Attorney's relationship to the local government is
similar in a number of respects to that of an attorney who represents a corporation.In that capacity,
the City Attorney provides legal advice to the City Council, the City Manager, the Department
Managers, and other City staff. The City Attorney attends all Regular Council Meetings.
pg.4
Governance Manual
Rev 2021
The City Attorney may represent the City in actions brought by or against the City or against City
Officials in their Official capacity. However, other attorneys may be contracted to handle specific
cases because of the nature of the case.
The City Council cannot prohibit the City Manager from having access to the City Attorney's
advice. For reasons of efficiency or cost effectiveness, the Council may decide that certain legal
questions should be channeled to the City Attorney through the City Manager to ensure that
questions are clearly worded and communications back to Council are consistent.
Role of the City Clerk
The City Clerk shall adhere to the requirements of Idaho Code, and shall be the ex-officio Clerk-
of-the-Council, and, as such, shall attend all meetings of the City Council. The City Clerk shall
keep minutes as required by law, and shall perform such other duties in the meeting as may be
required by the Council, or City Manager. In the absence of the City Clerk, the City Clerk shall
appoint a replacement to act as Clerk-of-the-Council.The Clerk-of-the-Council shall keep minutes
which identify the general discussion of the issue and complete detail of the Official action or
consensus reached, if any. The City Clerk shall make an audio recording of the proceedings of all
public hearings and Regular Meetings; recordings of Work Sessions and quasi-judicial
proceedings are optional unless so requested by any Council Member. Recordings of executive
sessions of the Council are not required. The Clerk shall keep, and make available, an agenda and
date for each recording,which will facilitate location of the recorded proceedings.
Any City Council Member may request to have his or her written and submitted comments printed
as part of the Official record of the Council Meeting.Any member of the Council may also request
that extraneous written remarks from the public, City staff, committees, boards, or commissions
also be included in the record of the meeting. If there is no objection by a Council Member, the
comments or written remarks shall be included by the City Clerk in the minutes of the meeting. If
there is an objection to such printing of the comments,the City Council shall decide the matter by
majority vote. Oral comments, which the Council Member wishes to be included as part of the
Official record, shall likewise be provided in writing by the Council Member making the
comments to the City Clerk.
RELATIONSHIP BETWEEN COUNCIL, CITY MANAGER, STAFF, AND
PUBLIC
Council establishes budgetary authority for departments and positions,but does not interfere with
the City Manager's management of City employees. City Council will adhere to the separate and
distinct policy and management roles of Council and the City Manager. Administrative policy and
complaints are handled by the City Manager and Department Heads; legislative policy is
established by Council.
Council reviews the City Manager's performance annually. The City Manager is responsible for
performance reviews of subordinates.
In order for the Council to carry out its policy-setting role, information from the Staff and other
sources is needed, such as existing state and city codes or applicable code sections, County
property data, and any applicable history concerning the matter at hand. Council Members are
encouraged to interact informally and casually with City staff for the purpose of gathering
information,obtaining progress reports on policies and programs or providing information to staff
pg.5
Governance Manual
Rev 2021
relevant to their Council office. However,Council Members should be careful,in such interaction,
to avoid giving direction or advice to members of City staff, which may conflict with the City
Manager's directives. City staff should provide their supervisor with the same information shared
with Council Members. In recognition of the limitations of staff time and resources, the Council
will not request unnecessary information. An exceptionally time-consuming request of staff by the
Council may require a majority vote at a regular meeting of the Council, such as for a specific
action item or resolution.
Neither the Council,nor any of its committees or members, except as provided herein, shall direct
the appointment of any person to, or his or her removal from, office by the City Manager or any
of his or her subordinates. Except for the purpose of inquiry, the Council and its members shall
deal with the administrative service solely through the City Manager and neither the Council nor
any committee or member thereof shall give orders to any subordinate of the City Manager, either
publicly or privately. The provisions of this section do not prohibit the Council, while in a duly
called Council Meeting, from fully and freely discussing with the City Manager anything
pertaining to appointments and removals of City officers, department heads, and employees and
City affairs.
When performance complaints are made by citizens about staff actions or non-action directly to
an individual Council Member, or in a Council Meeting or committee meeting, the Council or
Council Member should then refer the matter directly to the City Manager for review and/or action.
The individual Council Member or the Council may request to be informed by the City Manager
of the action or response made to the complainant.
The Council and Administration will adhere to laws on public access to documents. The City
Manager shall be responsible for the City communications function, but controversial
communications shall be promptly copied to Council. However, any member of the Council may
communicate directly with a constituent or the press on issues which are of interest to the public.
Although citizens' direct access to elected Officials is to be encouraged to help develop public
policy,City Council Members should not develop a "personal intervention" pattern in minor calls
for service or administrative appeals which may actually delay a timely customer service response.
The best policy is to get the citizen into direct contact with the appropriate department or the City
Manager,unless an unsatisfactory result has occurred.
Contract Administration
Prior to issuing a request for proposals or a request for qualifications the City Manager, or
designee, will, as a first touch to the Council, initiate a discussion to receive initial direction and
feedback for contract development and negotiations. The City manager shall conduct or oversee
all preliminary development and negotiations with the other party, including the scope of services
to be performed and the compensation for those services. Council members shall not engage in
contract negotiations except at a duly called meeting of the Council. At the end of negotiations,
the City Manager shall present the negotiated contract to the Council for approval, rejection, or
rejection with directions for amendment. If exempt from disclosure under Idaho law,negotiations
and deliberation may be conducted in private, and otherwise, the process shall be open. All
contracts developed or negotiated by the City Manager are subject to approval of the Council.
TYPES OF GOVERNING ACTIONS
pg.6
Governance Manual
Rev 2021
Rules of Order
Rules of order not specified by statute, ordinance, or this Manual shall be governed by Rules of
Procedures as adopted by Council. ROBERT'S RULES OF ORDER procedures have been
modified to better fit the Rules of Order of the McCall City Council.
The City Council, with five members, including the Mayor, operates in an informal manner as
compared with a larger assembly, such as the United States Senate,with 100 members.Therefore,
in order for a Council Member to obtain the floor to speak, whether in debate or during general
discussion, one only needs to secure the attention of the Mayor by raising their hand or simply
being recognized visually by the Mayor. Each Council Member may then speak from his chair
and is not required to stand or speak from the lectern.
The Mayor may also request the advice or opinion of each Council Member in turn to speak on an
agenda item. When extended debate on an issue is expected, the Mayor may, in advance of the
debate, allot specific time periods for members to speak in support or opposition of the issue.
Motions to adopt a Resolution or an Ordinance,or other matter on the agenda, should normally be
made after presentation by a member of the Staff who has prepared the document and after
preliminary discussion by the Council, either within the Council or as in a conversation with
members of the Staff. In this way a more complete and adequate understanding of the matter is
achieved.
When the Mayor determines that sufficient preliminary discussion has occurred on the matter, it
will then be appropriate to call for a Motion for action, followed by a sufficient second. Then
further debate may occur, with Council Members to speak in favor of, or in opposition to, the
matter. While Robert Rules present discussion after a motion is made, the Council is best served
when enough discussion precedes a motion to ensure sound decision-making. The Mayor is
encouraged to facilitate sufficient discussion and deliberation prior to the introduction of a motion,
after which further discussion is certainly appropriate; however should be limited. Also,
amendments to the matter may also be introduced,seconded,and voted upon. Finally,the question
on the main motion is put by the Mayor,or the question is moved to cease debate and either adopted
or defeated,wherein further debate may occur.
For the McCall City Council, with five members, the typical requirement for a 2/3 vote is not
logical; thus, in those cases(such as for limiting debate), a majority vote of the full Council(three
of the five) is required.
The rules of parliamentary procedure practice as contained in ROBERT'S RULES OF ORDER
may guide the McCall City Council in all cases to which the rules are applicable,provided that the
rules are not in conflict with this Manual,with the ordinances and Codes of the City of McCall,or
with State or Federal law.
The Three Touch Rule
Decision-makers and citizens at all levels of the City should have adequate time to thoughtfully
consider the issues prior to final decisions. It is the intent of the Council that the Council and
Administration should abide by the "Three Touch Rule" whenever possible (unless an exception
applies). The following procedural guidelines are designed to avoid "surprises" to the Council,
citizens, and administrative personnel.
Pg.7
Governance Manual
Rev 2021
Any pending request or proposal for adopting or changing public policy, ordinances, resolutions
or directives which will require a decision of the City Council or Administration should normally
"touch" (oral, written or any combination thereof) the decision makers at least three separate
times. Quasi-judicial matters and any subject discussed in executive sessions are excluded from
application of the"Three Touch Rule."
It is recognized that the hands of decision-makers should not be tied unnecessarily. Unexpected
circumstances may arise wherein observance of the "Three Touch Rule" is impractical. However,
when unusual circumstances arise which justify a "first discussion" decision, the persons
requesting the expedited decision should also explain the timing need. The Three Touch Rule
excludes staff reports and other general communications not requiring a future Council decision.
Motion
A motion is a form of action taken by the Council to direct that a specific course of action be taken
or executed on behalf of the municipality. A motion,once approved and entered into the record,is
the administrative equivalent of a resolution in those instances where a resolution is not required
by law, and where such motion is not in conflict with existing State or Federal statutes, City
ordinances, or resolutions.
Proclamation
A Proclamation is a public or official announcement by the City Council, especially one dealing
with a matter of great importance. Some examples of annual proclamations are Arbor Day
Proclamation,Fair Housing Proclamation,and Fire Prevention Week Proclamation.Proclamations
may also be initiated by the public to honor a citizen or business within the community. Citizens
may make a request of the Council, City Manager, or City Clerk for a consideration of a
proclamation. Once the request has been vetted with the Council staff members will prepare a
proclamation to be proclaimed by motion of the Council.
Resolution
An adopted resolution is an administrative act and is a statement of policy or direction concerning
matters of special or temporary character. Council action shall be taken by resolution when
required by law or in those instances where it is desired to prepare an expression of policy that is
more comprehensive or more meticulously worded than a just a motion. A resolution is approved
by a motion of the Council in which the title of the resolution is the motion voted upon by the
Council. The"Three Touch Rule"may apply where the Council should have three touches on the
policy being proposed for adoption prior to adoption. While resolutions are often just a statement
of policy, a resolution may have the force of law (e.g., a resolution setting permit fees, or a
resolution declaring certain City property to be surplus).
A policy is a document that outlines what a government is going to do and what it can achieve for
the society as a whole. It also outlines any and all methods and principles that the government or
any entity, for that matter, will use to achieve its directive. Essentially, a policy sets out the goals
and planned activities of an entity,whereas a law may be needed to pass to enable government to
put in place the necessary institutional and legal frameworks to achieve their aims as set out in the
policy. A policy is an informal document that just lists and states what must be done and what is
intended to be done in the future.
Ordinance
pg.8
Governance Manual
Rev 2021
An Ordinance is a formal legislative act of the Council and should be used whenever the Council
intends to pass a regulatory measure. Council action shall be taken by ordinance when required by
law, or where prescribed conduct may be enforced by penalty. An ordinance is a legislative act
within its sphere as much as an act of the State Legislature. The general guiding principle is that
actions relating to subjects of a permanent and general character are usually regarded as legislative
and should be addressed through an ordinance, and those providing for subjects of a temporary
and special character are regarded as administrative and should be addressed through a resolution.
Legislation is another term meaning statutory law. These laws have been enacted by a legislature
or, in the case of a city,by the Council. Legislation can also mean the process of making the law.
In order for the Council to adopt an ordinance there are steps that need to be taken, the "Three
Touch Rule". First the idea of the ordinance will be presented to the Council to ensure that the
Council is in favor of developing such an ordinance. Second the first draft of the ordinance is
presented to Council for review. Third the ordinance is brought to the Council for adoption. For
some complex issues or lengthy ordinances step two may happen over two or three meetings of
the Council. In order for the Ordinance to be adopted it must be voted on by the majority of the
Council and approved by the majority of the vote.
There are instances where the Council will be asked to approve an ordinance the first time they
see it,primarily planning and zoning issues since these issues are first vetted through the Planning
and Zoning Commission.
GOVERNING ACTIONS BY ORDINANCE
Comprehensive Plan Amendment
Such an amendment is a legislative act in which the Council amends all or part of the
Comprehensive Plan after the Planning and Zoning Commission has deliberated, held public
hearings, and made recommendation(s) to the Council. The Council likewise may hold a public
hearing before passage; see Title 3, Zoning Ordinance, Chapter 18.
Budget Adoption or Amendment
Legislative acts adopting or amending the budget document for the City on an annual basis.
Although the budget is a maximum spending plan, it must be managed by the City Manager to
operate within actual revenue received for each fund during the fiscal year.
The Capital Improvement Plan CIP is a five(5) to ten(10)year plan which is a companion to the
budgeting process and which establishes priorities for construction or replacement of capital
facilities and equipment of the City.
Quasi-Judicial Ruling
A quasi-judicial ruling is an administrative ruling made by the Council, Hearing Examiner, or
Planning Commission wherein the process and facts to be heard and judged are prescribed by
regulatory laws or ordinances and, as such, is appealable to a higher authority or court of law.
Roll Call Votes
In all roll call votes, the names of the members of the Council shall be called in order, with the
first called the member who has made a motion and the second called the member who has
seconded such motion, and the remainder shall be called alphabetically in each vote. Any Council
pg.9
Governance Manual
Rev 2021
Member may request a roll call vote; normally,roll call votes are taken if the motion involves the
approval of a document requiring a signature such as,but not limited to, an ordinance, resolution,
or contract.
Each member of Council is obligated to vote on an item of business before the Council, except
when a bona fide conflict of interest exists. For purposes of recording the total votes on an item of
business,a member's abstention shall be so noted and entered into the record along with the reason
for abstaining.
LEGAL CONSIDERATIONS
Immunity and Indemnification of Officials for Individual Actions in Good Faith
City Officials, appointed or elected, may be indemnified by the City (or by insurance purchased
by the City) for actions taken by an Official within the scope of his or her duties. An Official
should therefore take care to act within the scope of his or her duties and not cause City or personal
liability by virtue of individual actions taken in the absence of legal advice.
An employee or appointed volunteer of the governing body of a public agency is immune from
civil liability for damages for any discretionary decision or failure to make a discretionary decision
within his or her Official capacity, but liability shall remain on the public agency for the tortuous
conduct of its Officials or members of the governing body.
The City is insured through the Idaho Counties Risk Management Program (ICRMP), which
provides broad coverage for damage claims and/or lawsuits brought against the City and its
Officials. If a damage claim involves a covered claim against a City Official, then ICRMP will
retain legal counsel to defend the City Official and will generally pay any resulting judgment or
settlement amount. Please note ICRMP coverage is only available if the situation is the result of a
City Official acting within the scope of her or his Official duties and(if the matter is)not otherwise
excluded from coverage through the ICRMP compact with the City.
Additionally,in the event that a damage claim and/or lawsuit is brought against a City Official that
is related to the performance or failure to perform his or her Official duties and the matter is not
covered through ICRMP, the City shall provide legal representation to defend the City Official
and shall indemnify the City Official for the payment of the claim(if warranted) or any resulting
judgment. The City will not indemnify and defend a City Official acting outside the scope of his
or her Official duties,or if the claim and/or lawsuit is based upon a dishonest, fraudulent,criminal
and/or malicious act.
Process for Officials to Question the Legality of City Actions
An unfounded assertion by a City Official that the City is acting in violation of law can cause
undue risk and liability to the City, and may therefore constitute a breach of that Official's duty to
the City. Therefore, it is hereby the policy of the City that the following steps shall be followed if
a City Official questions the lawfulness of the conduct(or proposed conduct)of the City,or of any
of its Officials or staff.
1. Consult the City Attorney and fully describe the facts and issues which raise a question of
illegality.
2. If the advice of the City Attorney does not resolve the concern, consult the City Manager.
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3. If steps "1" and "2" do not resolve the concern, the Official may request an executive
session of the full Council and if the matter rises to the level of presenting a risk of
litigation.
4. Prior to completing steps"1"through"3",it is a violation of the Official's duty to the City
to assert in public the opinion that the City is in violation of law.
Conduct of Officials with Regard to Litigation brought against City
It is hereby the policy of the City that, once an individual or organization has filed a legal
proceeding against the City, a City Council Member shall not engage in discussions or other
communications with such individual (or the officers or directors of the organization) about the
subject of the lawsuit without first disclosing the intent to do so to the Council and the City
Attorney, either in public or in executive session. It is also hereby the policy of the City that its
conflict of interest rules shall apply to elect Officials with regard to individuals or organizations
threatening or pursuing a lawsuit against the City.
Prohibition against Making Gifts of Public Funds
Article VIII, section 4, of the Idaho State Constitution states:
"No county,City,town,township,board of education,or school district,or other subdivision,shall
lend, or pledge the credit or faith thereof directly or indirectly, in any manner, to, or in aid of any
individual, association or corporation, for any amount or for any purpose whatever, or become
responsible for any debt,contract or liability of any individual,association or corporation in or out
of this state."
The Idaho Supreme Court has not directly addressed whether public funding of private non-profit
entities is a violation of the public purpose doctrine, but it very likely is a violation. The Idaho
Attorney General's Office (AGO) issued an opinion on whether the State of Idaho could "loan"
employees to a private charity, the United Way, for eight weeks to assist with fundraising. The
opinion concluded that this activity would violate the public purpose doctrine because a state
resource, employees paid with state funds, was used to benefit a private entity under private
control. This gave favored status to a private enterprise at the expense of other organizations. See
AGO 1995-0-0007 (November 1, 1995).
A City may contract with private organizations to provide services to the public, if those are
services that the City is authorized to provide. The private organization provides the services in
question as an agent or contractor for the City. For instance, a City, having authority to provide
recreational programs for its residents, may do so by contracting with a youth agency or senior
citizens' organization to operate recreational programs for those groups, under appropriate City
supervision. The contract should be carefully drawn, however, so that the program or project
remains the City's own operation and is not an unlawfully broad delegation of City authority, or
grant of City funds,to a private agency. Payments should be made pursuant to vouchers reflecting
the satisfactory performance of services.
Policies on Email Practices
It is hereby the policy of the City that with respect to any email sent by a Council Member that
contains information relating to the conduct of the government or the performance of any
governmental or other City function, the email shall not be sent or copied to more than one other
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Council Member (so as not to violate the Open Public Meetings Act), and any Council Member
who receives such an email shall not forward the email to any other Council Member.
COUNCIL MEETINGS
All meetings of the Council and of any Committees thereof shall be open to the public, except as
provided for herein. The Council shall not hold a meeting at any place where discrimination on
the basis of race, creed, color, sex, sexual orientation, gender identity, age, or national origin is
practiced. In cases of disorderly conduct, disorderly persons may be expelled, and if that is
insufficient to restore order, the meeting place may be cleared and/or relocated.
Respect and Decorum
It is the duty of the Mayor and Council Members to maintain dignity and respect for their offices,
City staff, and the public. While the Council is in session, the Council Members shall preserve
civility, order, and decorum. No member of the public shall, by conversation or otherwise, delay,
disrupt or interrupt the proceedings of the Council, nor disparage any person while speaking.
Council Members and the public shall obey the proper orders of the Mayor and as stated in the
Rules of Order adopted by the Council.
Any person disrupting the business of the Council,either while addressing the Council or attending
the proceedings, shall be asked to leave, or be removed from the meeting. Continued disruptions
may result in a recess, forced removal, or adjournment as described elsewhere in this manual.
Regular Meeting
A Regular Meeting of the Council is a meeting convened on a regular series of dates (and at a
time) adopted by Ordinance of the Council at the first meeting of the calendar year. At a Regular
Meeting, the Council may conduct any business stated on the agenda that is publicly posted prior
to the meeting, or the Council may approve additions or deletions to the agenda at the meeting in
accordance with State statute.
Public Comment
At Council Regular Meetings, the agenda may include a period of time known as the Public
Comment Period. Within that time period, any member of the public may be recognized by the
Mayor and may address the full Council on any public issue.Unless Council determines otherwise,
there will be no responses from Council or Administration during the Public Comment Period.
Public comment is normally not appropriate during the business agenda of a Regular Meeting
except during the designated Public Comment Period. It shall be predetermined by a vote of the
Council whether an item to be adopted or approved by the Council will receive public comment.
If the Council wishes to hear from the public on an item,then the opportunity for public comment
will be posted on the Council Agenda.
Council will set the rules for public comment in general as well as public comment on items to be
adopted or approved by Council. These rules will be presented on each Council Agenda, also
included is a designated time limit for each speaker. Other persons in attendance at the meeting
shall not speak unless recognized by the Mayor. When the Mayor determines that there are no
other public comments on the business item, discussion on the item will be closed to the public,
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and only the City Council shall then engage in any final discussion on the matter and act on the
business item without interruption from the public.
Special Meeting
A "Special" Council Meeting is a meeting other than a"Regular" Meeting, which may be called
by the City Manager or a majority of Council Members. The notice of a Special Meeting must be
posted at least twenty-four(24)hours prior to the meeting, and must state the items of business on
the agenda. Unless an exception applies, the Council may not add to the agenda of a Special
Meeting without giving twenty-four(24)hours notice of the added item.
Executive Session
An "Executive Session" is a portion of a public meeting that is conducted on a topic that is
permitted by law to be discussed by a governing body or sub-agency in a non-public setting. Per
IC 74-206: "The motion to go into executive session shall identify the specific subsections of this
section that authorize the executive session. There shall be a roll call vote on the motion and the
vote shall be recorded in the minutes.An executive session shall be authorized by a two-thirds(2/3)
vote of the governing body."Council Members shall not disclose confidential information learned
or confidential documents provided during an executive session unless waived by the full Council.
Unintended Meetings
An unintended meeting may occur in violation of the Open Meetings Law if,without the requisite
public notice, a quorum or more of a public body or sub-agency meets for an in-person or
telephonic discussion, conducts an interactive email discussion of City business or conducts a
"serial"meeting in which a Council Member meets or discusses with another member in sequential
fashion, one after another.
Remote Participation
Council Members may participate in meetings remotely by speakerphone or video conferencing,
as long as the Council Member(s) participating remotely can clearly hear those in attendance at
the meeting and those in attendance can clearly hear the Council Member(s) participating
remotely. Council Members participating by speakerphone or video conference are counted for
quorum purposes and can vote just as if they were physically present at the meeting(IC 74-203(5))
Such a remote participation by any,or all,Council Members will be permitted when: all documents
and exhibits are clearly visible or readable for all participants; the audio recording of the meeting
allows the remote participant, the members of the public in attendance, and the other members of
the Council to be heard; and the City Manager,or designee, and the City Clerk, or designee,are in
attendance at the location designated in the meeting notice. The cost of such remote connectivity
shall be paid by the Council Member requesting remote connectivity, unless waived by majority
vote of the Council.
Council Attendance
Each person elected to the City Council must recognize a duty to attend all scheduled meetings of
the Council. Frequent or habitual absences indicate to others a lack of commitment to the duties
of the Council and, in effect, disenfranchise those voters who participated in the election of that
Council Member.If a member of the Council finds that it is necessary to miss a scheduled meeting,
then so advising the City Manager or another Council Member would be the polite and civil path
to follow.
pg. 13
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Work Session
Regular or Special Meetings of the Council, or portions thereof, may be designated as a Work
Session. A Work Session is generally held in a more informal manner or setting than a business
meeting, and where the purposes may be, for example:
1. To study,deliberate or review one or more topics or emerging issues for potential action at
a future date,
2. To vet the status of matters that are intended to be presented on the agenda of an ensuing
business meeting unless exceptional circumstances apply,
3. To engage in public comment or dialog, or
4. To participate in presentations with City staff or other subject matter experts.
In general, final votes are not taken at a Work Session, but there are commonly procedural votes
on the disposition of various matters.
In general,because a Work Session is more informal and more interactive than a Business Meeting,
the Mayor may have greater latitude to seek public comment on the issue under discussion. In this
way, the Mayor may invite comment from time to time during the Session, advising the attendees
to address comments to the matter on the Agenda. At Council Work Sessions, it may be
predetermined and posted on the agenda the manner in which public comments and dialog are to
be invited, depending on the nature of the Work Session and the amount of time available.
A Work Session may require a vetting and review of agenda items that are expected to appear for
future Council action at a Business Meeting. If so, the Work Session should include a review of
clarity and completeness of the issues presented; discussion of the merits of the proposal; and a
consensus to determine whether the item shall be advanced to a future meeting of the Council.
A Work Session may involve emerging issues that may not be expected to appear at the next
Council Meeting. These may include: staff or third party presentations; additional study by the
Council or Staff; and interactive public comments and Council responses to comments.
Interactive Dialog with the Public at Work Sessions
At Council Work Sessions,the Mayor shall determine the manner in which public comments and
dialog are to be invited, depending on the nature of the Work Session and the amount of time
available. In general, the Mayor may allow more flexibility in accommodating comments and
dialog on agenda matters under discussion than is generally allowed at a Regular Meeting, and the
Mayor may allow responses and interactive dialog with Council Members, the Administration
and/or other presenters.
Retreat
A Retreat is generally a Special Meeting called for the purpose of very informal discussion dealing
with goals, objectives, and guidelines for future activity of the organization. At a retreat, the
Council may, for example, develop goals and objectives for its own organization for the year,
consider priorities for the Council work plan, or set goals for the City Manager which may be
elements of an annual performance evaluation. Although a detailed listing of the City's activity
plan for a coming year may result from informal consensus, formal adoption will be made in a
regular Council Meeting by motion or resolution.
pg. 14
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Public Hearings—Legislative
A formal public hearing as is required by statute or City ordinance as a portion of the prescribed
public process for the Council's action on the City budget, the City's Capital Facilities Plan, a
Zoning Ordinance change, adoption of and revision to a Development Agreement, and certain
other legislative actions pertaining to general governmental policy or ordinance, or a
comprehensive, community, or neighborhood plan. In such a case, a public hearing is conducted
according to Idaho Code. The public hearing typically occurs during a publicly noticed portion of
a regular or Special Meeting of Council,where the time of the hearing has been stated in the prior
public notice.
Public Hearings-Quasi-Judicial
Quasi-judicial hearings and actions of the Council are those proceedings which determine the legal
rights,duties,or privileges of specific parties in a hearing or other contested case proceeding. Such
a hearing is typically conducted by Council during a prescribed portion of a Regular or Special
Meeting, and is performed in such a manner as to establish a clear record of proceedings, facts
presented and the decision process according to judicial standards.
In the event of a quasi-judicial proceeding of the Council, a Council Member should immediately
disclose any interests that may appear to constitute a conflict of interest. Council Members should
recognize that the Ethics in Government Act does not require establishment of a conflict of interest,
but whether there is an appearance of conflict of interest to the average person. This may involve
a Council Member's business associate, or a member of the Council Member's immediate family.
It could involve ex parte communications (that is, communications with one party to the quasi-
judicial matter without notice to or argument from the other party). Or it could involve ownership
of property in the vicinity, business dealings with the proponents or opponents before or after the
hearing,business dealings of the Council Member's employer with the proponents or opponents,
announced predisposition, and the like. Prior to any quasi-judicial hearing, each Council Member
should give consideration to whether a potential conflict of interest exists. If the answer is in the
affirmative, no matter how remote, the Council Member should disclose such fact to the City
Attorney and be reflected in the minutes.
Anyone seeking to challenge a Council Member from participating in a decision on the basis of
conflict of interest must raise the challenge as soon as the basis for the challenge is made known,
or reasonably should have been made known.The party seeking to challenge the Council Member
shall state, with specificity, the basis for the challenge and the Clerk shall so note in the minutes
of the proceedings.
In the case of the Council sitting as a quasi-judicial body,the Mayor shall have authority to request
a Council Member to excuse him/herself on the basis of conflict of interest violation. Further, if
two Council Members believe that a conflict of interest violation exists; such individuals may
move to request a Council Member to excuse him/herself on the basis of that conflict of interest
violation. In arriving at this decision, the Mayor or other Council Members shall give due regard
to the opinion of the City Attorney.
During the pendency of any quasi-judicial proceeding,no Council Member may engage in ex parte
communications with proponents or opponents about a proposal involved in the pending
proceeding, unless the Council Member: (1) places on the record the substance of such oral or
written communications concerning the decision or action; and (2) provided that a public
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announcement of the content of the communication and of the parties'right to rebut the substance
of the communication shall be made at each hearing where action is taken or considered on the
subject. There is no prohibition against correspondence between a citizen and his or her elected
Official, if the correspondence is made a part of the record, if it pertains to the subject matter of a
quasi-judicial proceeding.
Conduct of Public Hearings
When it shall be necessary to conduct a formal public hearing in accordance with State or federal
law,or City Code,the City Council shall adhere to the following procedure for the conduct of such
hearings:
l. The Mayor of the Council announces the purpose of the public hearing.
2. The City Manager, or the designated Department Manager,provides an explanation of the
matter which is subject to the public hearing and gives a report on the details of the matter.
3. The City Manager, or Department Manager, may at this time request that the party, or
representative,who has submitted an application which is the subject of the hearing,make
a presentation to the Council in support of the matter. The Council may set a time limit to
this presentation.
4. The Mayor opens the public hearing to the floor for the purpose of receiving public
comments on the matter at hand. A listing of those prepared to offer comments may be
prepared by the City Clerk.
Comments are received from interested members of the public.Citizens wishing to address
the City Council shall state their names and addresses for the record prior to giving
comments.The City Clerk records in the minutes the names and addresses of those persons
commenting on the matter at hand. The Clerk shall not be responsible for recording the
comments of members of the public.In cases where there may be support and/or opposition
to the matter, those in support will be heard first, those in opposition next, and those who
may be neutral, last.
5. When, after calling for public comments three (3) times, the Mayor determines that there
are no other public comments to be received on the matter at hand and closes the public
hearing.
6. The party,or representative,may now rebut any opposing comments to the matter,but may
not introduce any new or additional information in support of the matter at this hearing.
The Council may set a time limit for the rebuttal.
7. The public hearing will normally be held in context with a specific agenda item; the
Council will consider the public testimony and those of the party, or representative, as the
Council proceeds with debate and consideration of the proposal or matter at hand.
Anyone wishing to state their position on the topic of the public hearing must sign up on the sign-
in sheet and indicate whether they are in favor, neutral, or in opposition to the application. All
people who testify must state their name, address and whether or not they are for or against the
application. The public may appoint a spokesperson to represent a group of people. Public
testimony is limited to 3 minutes and cannot be deferred to another. The public is expected to treat
all people with respect: No booing, hissing, or cheering; show respect for all opinions; and only
those who are recognized by the Mayor are allowed to speak.
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Public Forum
When major public policy development warrants, and after adequate preparation of issues and
alternatives, the Council may conduct public forums to help develop a public consensus on the
issues. The general procedure would be to provide basic information, to explore alternatives and
options and to receive verbal and written public comments.
Additional Avenues for Public Participation
Public process activities may also incorporate a range of tools such as press releases, newspaper
columns, fact sheets, questions, and answers (Q&A's), etc. as may be described in the City's
documents and guidelines pertaining to public participation in various projects and processes.
Scalable Public Process Planning System:
For public issues of high interest or high impact,and/or those that require a lengthy public process,
a Public Process Steering Group may be formed. For issues that are less controversial, have less
far-reaching impacts, and/or are suited to a shorter process, an Ad Hoc Committee or Task Force
may be more appropriate. The purpose of the committee, task force, or steering group is to
strategize and facilitate appropriate public process for a particular community subject or issue.
Scalable Public Process Planning System
Getting the right people in the right place at the right time making the right decisions to keep
the residents of McCall well-informed and engaged.
Level of Public Interest/Impact Who and How Sample Outreach Activities/Tools
Straightforward issue Ad Hoc Committee Information
• Information only • Staff"expert" • Press release
• Low controversy • Communications • Calendar announcement
• One-time event Coordinator • Post on the City Web
❖ A few E-mails
More complex issue Ad Hoc Committee Small-scale campaign may
• Multiple public "touches" • Director/designee include above,plus:
• Public input helpful • Staff"expert" • Display ad
• Low controversy • Communications • ListSery notification
• Longer term impact Coordinator • FAQ
❖ One or more meetings • Presentations to Key
Influencers(ie., Rotary,
Chamber
Complex, and/or controversial Small Task Force Longer,more complex strategy
issue • City Council liaison may include above,plus:
• Lasting policy and/or land • City Manager/designee • Multiple press releases/
use impacts • Director/designee announcements
• High interest for multiple . Staff"experts" • Targeted outreach to potential
community elements • Communications stakeholders
• Public input desired Coordinator • Stakeholder meetings
• Longer process • Neighborhood meetings
• One or more public forums
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• Built-in, iterative feedback
loop to evaluate results and
alter course
Extremely complex, significant Public Process Steering Large-scale, long-term PR
and/or controversial issue Group campaign may include above,
• Lasting policy and/or land • City Council liaison plus:
use impacts • City Manager/designee • Strategic use of multiple public
• Engage broad range of • Director/designee engagement tools like field
community interests • Staff"experts" trips, informational
• Significant public input • Communications presentations, focus groups,
required Coordinator visioning exercises, etc.
• Long process • Citizen(s) • Clear, distinct milestones and
• A series of meetings over decision-point(s).
months or years • Built-in, iterative feedback
loop to evaluate results and
alter course as needed
Note that outreach is an art, not a science; the committee composition and tools shown are NOT
PRESCRIPTIVE, but are examples of the approaches, tools and strategies that might be
appropriate for public process planning at various levels of Public Interest/impact. The hard part
will always be the decision on when,or if,to engage the public beyond the regular or special public
meetings of the Council or Staff.
It will be difficult to predict when or how some topic or subject will be controversial or draw
significant attention from the public at large. Frequently, a small group, with some unknown (at
the time) agenda, will be attracted to a specific topic; they will generate considerable discussion
and argument over the topic, whereas the public at large will not seem to be concerned. Careful
planning and leadership of the discussion will be required to achieve broad consensus while not
seeming to"cave"to a small minority.The goal will always be to achieve a consensus on the topic
at hand, both within the Council and the public.
A Public Process Steering Group typically consists of one or two Council Members, the City
Manager(or designee),and the City Clerk.The Council Members shall be appointed by the Mayor
and confirmed by Council. The City Manager shall appoint additional staff as needed to provide
technical support, and may appoint one or more citizens to provide community input.
Representatives of outside agencies may also be included where appropriate. These appointments
shall identify the task(s) of the Steering Group. The group shall "sunset" when the task is
completed. The committee, task force, or steering group shall serve as a collection point for
information and activity pertaining to the task or issue assigned and shall advise on the design for
public processes. Public process activities may incorporate a range of tools such as press releases,
newspaper columns,Q&A's,fact sheets,presentations to community organizations,focus groups,
neighborhood meetings, ward meetings and public forums, as described in the City's public
participation guidelines. The Council Liaison will inform the Council of the group's activity at
Council Meetings(when appropriate).
pg. 18
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Quorum
Three (3) members of the McCall City Council shall constitute a quorum for the transaction of
business at all meetings of the Council,but, in the absence of a quorum, the meeting is cancelled.
The agenda for the meeting will be reposted for the next scheduled Regular Council Meeting unless
a Special Meeting is called by the Council.
As provided under IC, the quorum required for the transaction of business at a Regular or Special
Council Meeting is a majority of the members of the full Council. It is important to note that
Council vacancies do not reduce the number required for a quorum. The Mayor, under the
Council/Manager form of government, is counted for quorum purposes. If the Council President
or another Council Member is chairing the meeting, they are counted for quorum purposes. For
the City of McCall, all meetings of the Council, three (3) Council Members shall constitute a
quorum for the transaction of business.
City Staff—Attendance at Meetings
Attendance at meetings by City staff shall be at the discretion of the City Manager. It is the intent
of the Council that the City Manager schedule adequate administrative support for the business at
hand but also to insure the productive capability of department heads. When a sound system or
other noticing capabilities exist, the City Manager may allow personnel to utilize time in their
offices or other areas while waiting for the item of business for which appearance before the
Council is required.
Administrative Presentations and Briefings
In order to enhance public understanding of complex issues being presented, City Administration
is encouraged to include the use of visual communication tools whenever possible, such as: (i)
overhead projection summaries or PowerPoint bullet points; (ii) flow charts or box diagrams to
illustrate complex organizations, sequences or systems; (iii)bullet point or summary handouts for
the public and the press, when appropriate; (iv) projector or video clips to show actual situations
or settings; (v) large maps to help pinpoint specific locations or parcels; (vi) use of color to
highlight important elements; (vii) white board for illustration; and/or (viii) configuring the
room/display so as to allow the public to follow and understand issues.
Disorderly Conduct
The Mayor may call to order any person who is being disorderly by speaking without recognition
or otherwise disrupting the proceedings of the City Council Meeting,by failing to be relevant to a
subject under consideration, by speaking longer than the allotted time, or by speaking vulgarities.
Any person so disrupting a lawful public meeting of the City Council may be removed from the
meeting. Furthermore, any member of the City Council or City staff who fails to conduct him or
herself in an orderly manner at any meeting may also be removed or asked to leave.
Adjournment Due to Emergency or Disruption
In the event of emergency, such as a fire, threatened violence, or inability to maintain order, the
Mayor shall declare the meeting adjourned or continued and Council Members shall immediately
leave the meeting area.
COUNCIL MEETING AGENDAS AND PACKETS
pg. 19
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An agenda shall be required for each meeting. It is the City Clerk's responsibility to assemble the
agenda for Council Meetings, collecting suggestions from the Mayor, Council Members, City
Manager, and City Staff. It is important to remember these are Council Meetings and Council
Members should be able to request that items be included on the agenda, with the exception of
frivolous and/or unnecessarily repetitive requests. Setting the agenda is a shared responsibility and
takes cooperation between the Mayor, Council Members, City Manager, and Staff.
The agenda shall be posted in the same manner as the notice of the meeting. If an amendment to
an agenda is made after an agenda has been posted but forty-eight(48) hours or more prior to the
start of a Regular Meeting,or twenty-four(24)hours or more prior to the start of a Special Meeting,
then the agenda is amended upon the posting of the amended agenda.
If an amendment to an agenda is proposed after an agenda has been posted and less than forty-
eight(48) hours prior to a Regular Meeting or less than twenty-four(24) hours prior to a Special
Meeting but prior to the start of the meeting, the proposed amended agenda shall be posted but
shall not become effective until a motion is made at the meeting and the governing body votes to
amend the agenda.
An agenda may be amended after the start of a meeting upon a motion that states the reason for
the amendment and states the good faith reason the agenda item was not included in the original
agenda posting.
The City Clerk maintains an ongoing Meeting Schedule that shows a 3 month window of scheduled
Council Meetings. The Mayor, Council Members, City Manager, and City Staff may add items to
the Meeting Schedule through the City Clerk to ensure all needed items are added. The Meeting
Schedule is distributed to the Council at each Regular Meeting. The City Clerk also distributes the
scheduled items to the Mayor, Council Members, City Manager, and City Staff two weeks prior
to the next meeting to ensure timely additions or deletions for the next meeting agenda.
During the process of creating the Agenda for the Council's review the City Clerk creates the
"Official Agenda" from the Meeting Schedule. Copies of the "Official Agenda" shall be posted
on the City website and outside of City Hall at least 48 hours prior to the Council Meeting and
shall be subject to the notice provisions stated in IC 74-204.
Consent Agenda
The City Clerk or City Manager may place matters on the consent agenda which: (i) have been
previously discussed by the Council; or(ii)based on the information delivered to members of the
Council by Administration, can be reviewed by a Council Member without further explanation;
(iii)are so routine,technical or"housekeeping"in nature,that passage without discussion is likely;
or(iv) are otherwise deemed in the best interest of the City.
If there is a need for additional clarification of an item on the consent agenda, then a Council
Member may request that the agenda be amended to remove that item from the Consent Agenda
to be discussed and considered separately.
Council Packets
Council Members shall personally pick up their agenda packets from their individual mailboxes,
provided by the City Clerk, unless otherwise arranged by the member or further directed by
Council. The packet shall be available by 5:00 pm on the Friday preceding the regular Council
Meeting.Council Members and affected staff should read the agenda material and ask clarification
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questions prior to the Council Meeting, when possible. In the event a Council Member requests
that the packet be forwarded via electronic mail,the Clerk will so do or advise that the full meeting
packet is available on the City website.
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