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Home My Public Portal About2008_07_08_O018 - Council Rules of Procedure The Town of Leesburg, Virginia PRESENTED: July 8, 2008 ORDINANCE NO: 2008-0-18 ADOPTED: July 8, 2008 AN ORDINANCE: AMENDING SECTIONS: ARTICLE II COUNCIL RULES OF PROCEDURE: 2.20 (TIME AND PLACE OF REGULAR COUNCIL MEETINGS), SECTION 2.21 (QUORUM; PROCEDURE IN ABSENCE OF QUORUM AT COUNCIL MEETINGS), SECTION 2.22 (JOURNAL OF COUNCIL MEETING PROCEEDINGS), SECTION 2.23 (TIME LIMITS FOR SPEAKERS AT COUNCIL MEETINGS), SECTION 2.24.1 (COMMITTEE OF THE WHOLE), 2.24.2 (CONDUCT OF COMMITTEE OF THE WHOLE), SECTION 2.25 (USE OF ROBERT'S RULES OF ORDER AT COUNCIL MEETINGS) OF THE CODE OF THE TOWN OF LEES BURG, VIRGINIA. The Town Council of Leesburg, Virginia, ordains as follows: SECTION I. That Article II COUNCIL RULES OF PROCEDURE: Section 2.20 (TIME AND PLACEOF REGULAR COUNCIL MEETINGS.), Section 2.21 (QUORUM; PROCEDURE IN ABSENCE OF QUORUM AT COUNCIL MEETINGS), Section 2.22 (JOURNAL OF COUNCIL MEETING PROCEEDINGS), Section 2.23 (TIME LIMITS FOR SPEAKERS AT COUNCIL MEETINGS), Section 2.24.1 (COMMITTEE OF THE WHOLE) 2.24.2 (CONDUCT OF COMMITTEE OF THE WHOLE) Section 2.25 (USE OF ROBERT'S RULES OF ORDER AT COUNCIL MEETINGS) are repealed in its entirety; SECTION II. That Article II is replaced with the following language: The Council may adopt by resolution such rules of procedure as it may deem proper for the regulation of the time, place, cancellation, and special meetings; the Mayor as the presider of meetings, order of business, time limits of speakers, Mayor and Council comments, new business items, Roberts Rules of Order, special rules of order, committee of the whole/work session, order of business at meetings, quorums, and the Journal of Proceedings. - 2 - AN ORDINANCE: AMENDING SECTIONS: ARTICLE II COUNCIL RULES OF PROCEDURE: 2.20 (TIME AND PLACE OF REGULAR COUNCIL MEETINGS), SECTION 2.21 (QUORUM; PROCEDURE IN ABSENCE OF QUORUM AT COUNCIL MEETINGS), SECTION 2.22 (JOURNAL OF COUNCIL MEETING PROCEEDINGS), SECTION 2.23 (TIME LIMITS FOR SPEAKERS AT COUNCIL MEETINGS), SECTION 2.24. 1 (COMMITTEE OF THE WHOLE), 2.24.2 (CONDUCT OF COMMITTEE OF THE WHOLE), SECTION 2.25 (USE OF ROBERT'S RULES OF ORDER AT COUNCIL MEETINGS) OF THE CODE OF THE TOWN OF LEESBURG, VIRGINIA. SECTION III. That the Rules of Procedure are hereby incorporated by the attached proposed Rules of Procedure, dated July 8th, 2008. SECTION IV. This Ordinance shall become effective upon the date and at the time of its final passage. SECTION V. If any provision of this ordinance is declared invalid, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the ordinance. PASSED this 8th day of July 2008. ~~~- . C. mstattd, Mayor P Town of Leesburg RULES OF PROCEDURE: Section 1. Time and place of regular meetings. The Council shall meet in formal session at 7:30 p.m., on the second and fourth Tuesday in each month in the Council Chambers, 25 West Market Street.. The Council does not meet the fourth Tuesdays of August and December. (Ord. No. 83-0-41, S 1, 12-14-83; Ord. No. 88-0-24, S I, 7-1-88; Ord. No. 90-0-7, S 1,3- 27-90; Ord. No. 90-0-7, S 1,3-27-90; Ord. No. 90-0-37, S 1,11-14-90) Charter references: One regular monthly meeting of council required and authority of council to adopt rules for time of its meeting, S 2-7. Section 1.1 Cancellation of Meetings At its annual meeting the governing body may fix the day or days to which a regular meeting shall be continued if the chairman or mayor, or vice-chairman or vice-mayor if the chairman or mayor is unable to act, finds and declares that weather or other conditions are such that it is hazardous for members to attend the regular meeting. Such finding shall be communicated to the members and the press as promptly as possible. All hearings and other matters previously advertised shall be conducted at the continued meeting and no further advertisement is required. Section 2. Special Meetings and Alternate Locations The Council may determine that from time to time it may wish to meet at alternate locations within the Town of Leesburg. The Council may also establish special meetings at a time and location to be duly advertised in compliance with the Freedom of Information Act. Section 3. Mayor Presides over Meetings As referenced in the Town Charter, the Mayor shall preside at all meetings unless absent or must relinquish the chair due to a conflict of interest. The Vice-Mayor shall preside at meetings when the Mayor is not present. Should the Mayor or Vice-Mayor not be present to preside at a meeting, then the member of Council with the most seniority will chair the meeting. Section 4. Order of Business at Regular Meetings The order of business at regular business meetings of the Town Council shall be set out in the printed agenda and shall include, but not be limited to the following items: 1. Call to order 2. Salute to the flag 3. Invocation 4. Roll call 2 5. Minutes 6. Adopt meeting agenda-- Amendments/Deletions to the Agenda 7. Presentations 8. Petitioners 9. Public Hearings 10. Legislative Items a. Consent Agenda b. Regular Agenda 11. Old business 12. New business for action 13. New business for consideration at a future meeting a. Request for additions. b. Referral to future meeting, direction to staff, or objection to items 14. Council Comments 15. Mayor's Comments 16. Manager's comments 17. Closed Session (as needed) 18. Adjournment Section 5. Time limits for speakers. The chair shall at the beginning of each meeting, have the authority to establish a time limit for petitioners of no less than 3 minutes and no more than five minutes, whether speaking as an individual or as representing any group or organization. Time allotted will be determined by the number of people who have signed up to speak. Any member of the council may appeal the ruling and overturn the time limit by a majority vote of the members present without debate. This rule shall further apply to all meetings of committees, boards, and commissions appointed by the council. Order of speakers will be determined on first register, first speak basis. (Ord. No. 94-0-5, 2-22-94) Section 6. Mayor and Council Comment At each regular meeting of the Town Council an item will be included on the agenda for "Council Comment" and "Mayor's Comments." At that time the Mayor and Council members shall have up to five minutes to make comments of general interest on matters such as public issues, community events or milestones, or constituent concerns. With the consent of the Council, the Mayor may delete or reduce the time for Comments in the event the time for the Council to conduct its business is constrained or the agenda is unusually lengthy. Section 7. New Business Items Council members may request new business items be added to the agenda that are updates or discussion of matters of the current course of business. 3 If the new business item represents a new initiative, then the matter shall be added to the agenda as an item of "New Business for a Future Agenda." Only the following actions may be taken on these new items: a. Referral to a future Council meeting for action. b. Direction to staff to provide further information. New business, not on the adopted agenda, may be transacted during regular or special town council meetings if all members of town council present vote to consider new business by suspension of the rules (Ord. No. 83-0-41, S 1, 12-14-83; Ord. No. 95-0-5, S 1,2-28-95) Section 8. Application of Robert's Rules of Order The provisions of Robert's Rules of Order, revised, Edition date shall govern the council in its meetings, except insofar as such provisions are inconsistent with law and modified by the special rules of rider as set forth below. In the event that there is an inconsistency between the respective rules of order the special rules shall control. Section 8.1 - Special Rules of Order The Chair shall vote on all matters before the Council unless contrary to law or the Chair abstains from the vote. During Council meetings, Council deliberations will be held amongst Council members; unless the chair consents to invite other participants and there is no objection.. Rulings of the Chair may be overturned by two-thirds of the members present and voting. Any motion, amendment, or resolution may be withdrawn or modified by the mover at any time before a decision, (with the concurrence of the seconder) of an amendment or ordering of the yeas and nays, except a motion to reconsider, which shall not be withdrawn without leave. The maker of the Motion shall be allowed to provide opening and closing discussion during debate. On the demand of any Member, before the question is put by the Chair, a question shall be divided, if it includes propositions so distinct in substance that, one being taken away, a substantive proposition shall remain. Section 9. Committee of the Whole /Council Work session The Council shall sit as a "committee of the whole" in a Council Work session convening at 7:30 p.m. on the Monday preceding the regular council meeting, with the mayor presiding at the Town Council Chambers. The committee of the whole may consider such business as may come before it, for study purposes only. The council 4 members shall review upcoming agenda items, hear staff reports and public comment and take other non-legislative action as it deems necessary. No formal action may be taken at the committee of the whole. The time and place may be changed by a majority/two-thirds of the committee of the whole. Proper notification shall be published in the press. (Ord. No. 99-0-36, S I, 12-14-99) Section 10. Order of Business at Regular Committee of the Whole Work sessions The order of business at regular Committee of the Whole Work sessions of the Town Council shall be set out in the printed agenda and shall include, but not be limited to the following items: 1. Questions concerning items to be voted upon at regular council meeting 2. Presentations 3. Work session items for discussion 4. For information only... .preview topics of upcoming meeting) 5. Information concerning Council invitations to upcoming events) Section 11. Quorum; procedure in absence of quorum The majority of the members of the council shall constitute a quorum. If a quorum fails to exist, the meeting shall stand adjourned to a time and place agreed upon by a majority of the members present. At the discretion of the presiding officer, the members present may conduct briefings at the Committee of the Whole Work session (Adjourned to next regularly scheduled meeting. (Ord. No. 83-041, S 1, 12-14-83) Section 12. Journal of proceedings The clerk shall keep a journal of the council's proceedings. As a general practice Council members shall be furnished with a copy of the minutes for action and approval prior to the next regular meeting Council shall approve the minutes, which shall be signed by the person presiding when the previous meeting adjourned or, if he is not then present, by the person. presiding when presented. The name of each member voting and how he voted shall recorded on the final vote on any ordinance or resolution. (Ord. No. 83-0-41, S 1, 12-14-83)