HomeMy Public PortalAboutR2674R E S O L U T I O N N0. 2674
WHEREAS, the present rules of the Board of Trustees governing its
procedures were adopted by order of the Board on April 10, 2003 and are set forth in
Resolution No. 2494, and
WHEREAS, the Board is desirous of amending, clarifying and
supplementing its procedures;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT:
SECTION 1. The following rules are hereby adopted governing the
procedures of the Board replacing those set forth in Resolution No. 2404 and prior
resolutions:
RULE 1. The Board shall elect from its members a Chairman and Vice-
Chairman whose terms of office shall be for a two (2) year term beginning on the 16th
day of March and ending on the 15th day of March, two (2) years following; and the
Chairman and Vice-Chairman shall alternate every two (2) years between a member
from the City of St. Louis and a member from St. Louis County. St. Louis County
candidates for the position of Chairman or Vice-Chairman of the Board of Trustees
shall be nominated by a majority of the Trustees appointed by the Mayor of the City
of St. Louis. St. Louis City candidates for the position of Chairman or Vice-Chairman
of the Board of Trustees shall be nominated by a majority of the Trustees appointed
by the St. Louis County Executive. The Chairman shall preside over all meetings of
the Board and maintain order and decorum, enforce all rules adopted for the
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governance of the Board, confine members in debate to the question under
consideration, and when two or more members ask for recognition at the same time,
decide which member shall be first heard. He shall decide all questions of order or
procedure subject to appeal by two or more members of the Board. Any appeal from a
ruling by the Chairman shall be summarily determined without debate, one of the
members appealing shall be allowed briefly to state the ground of his appeal and the
Chairman may make a brief statement of the basis of his ruling. Appeal shall be
decided by a majority of the members present. In the absence of the Chairman, the
Vice-Chairman shall perform all the duties of the Chairman. In the absence of the
Chairman and Vice-Chairman, the Board shall select from its membership a
presiding officer who shall perform all of the duties of the Chairman during the
absence of the Chairman and Vice-Chairman.
RULE 2. Ordinances, resolutions, regulations, rules and orders shall be
introduced by a member or members of the Board or by the Board as a whole, and
said ordinance, resolutions, regulations, rules and orders shall be in written or
printed form. The enacting clause of all ordinances passed by the Board shall be, "BE
IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS
SEWER DISTRICT". An affirmative vote by two members of the Board appointed from
the City of St. Louis and two members of the Board appointed from St. Louis County
shall be necessary to pass any ordinance, resolution, regulation, rule or order, unless
otherwise provided in the Plan.
RULE 3. No ordinance shall be revived or reenacted by mere reference to
the title thereof, but the same shall be set forth at length. No Section or Sections of
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any ordinance shall be amended except that the Section or Sections amended shall
be set forth in full as amended.
RULE 4. All ordinances shall be read by title at least once in open
session of the Board before passage and without unanimous consent of all members
of the Board present, no final vote shall be taken on the passage thereof until the
expiration of at least fourteen days from the time that such ordinance was first
introduced; provided that an ordinance which has been introduced may be amended
after introduction and prior to its passage, if such amendments are germane to the
original purpose of the ordinance.
RULE 5. Every ordinance except an appropriation ordinance or an
emergency measure shall take effect at the expiration of fifteen days after the date
said ordinance is enacted, unless a later date therefor be fixed therein. An
appropriation or an emergency measure shall take effect immediately upon its
enactment; provided, however, that no ordinance shall be designated an emergency
measure unless it contains the statement that an emergency exists and specifies
distinctly the facts and reasons constituting the emergency.
RULE 6. The consent agenda shall be all ordinances, resolutions and
plan approvals ready for adoption except ordinances requiring an advertised public
hearing or ordinances, resolutions or plan approvals on which comment is requested
by any member of the Board of Trustees or members of the public.
Consent agenda procedure. The Executive Director may, at his
discretion, place any item of business on the consent agenda, provided it does not
involve any advertised public hearing, is ready for adoption and as to which no
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request has been made by a trustee or other member of the public to discuss the
matter.
An item shall be automatically removed from the consent agenda if a
request is made by a Trustee or the Executive Director that they wish to speak or
have discussion on the matter. An item included on the consent agenda shall not be
debated or discussed. A member of the public may request that an item be removed
from the Consent Agenda if there is not an opportunity for the public to speak on
said matter prior to the Trustees voting on the Consent Agenda. The final decision as
to whether the item will be removed from the Consent Agenda rests with the
Chairman.
Items contained on the consent agenda shall be voted upon by the
Trustees considering the consent agenda in its entirety and shall not be taken up as
separate matters except that nothing contained herein shall be construed to prohibit
a trustee from voting individually on each separate item on the consent agenda.
A vote by a trustee for adoption of the consent agenda shall mean that
the trustee has requested that his/her vote be recorded as an aye vote for each
separate item on the consent agenda and shall be recorded as such. A vote against
adoption of the consent agenda shall be recorded as a nay vote on each item on the
consent agenda and shall be recorded as such, provided, however, a trustee, when
casting an aye vote or a nay vote, may specifically exclude from such vote for
approval or disapproval of the consent agenda specific items on the agenda and in
such event the secretary shall record the exception accordingly.
RULE 7. In order to allow for the conduct of orderly meetings and to
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ensure that an opportunity is presented to all members of the public who wish to
address the Board of Trustees, the following rules and procedures for public
comment at meetings of the Board shall apply:
1. All persons attending Board meetings shall be required to sign a
"sign in roster" to be maintained by [a District staff
member/Secretary-Treasurer]. Such person shall set forth their
name and address and the subject they wish to address.
2. The chairman of the meeting shall recognize each person who has
completed all of the information on the "sign in roster." Upon
being recognized, the party wishing to address the Board shall
come to the designated speaking area, identify themselves by
name and address and indicate whether or not such person is
speaking as a designated representative of a recognized
community or public group.
3. Each speaker shall be allotted five (5) minutes to speak; provided
that the chairman of the meeting may in his sole discretion
extend this period.
4. The chairman of the meeting shall have the right to terminate
further debate or comment where statements being made
constitute a reiteration of statements made by prior speakers or
offer no additional information or testimony as to matters upon
which the Board may be deliberating.
RULE 8. Special meetings of the Board may be called by the Chairman or
any two members of the Board in accordance with Sections 610.010 through 610.030
R.S.Mo. 1969 as amended. To call a special meeting the Chairman or any two
members of the Board shall give notice in writing to the Secretary-Treasurer of the
District who shall notify all the members of the Board by telephone, fax transmittal,
by personal service or letter at their usual place of abode. Notice of meetings, special
and regular shall be posted at a public place within the boundaries of the District for
at least 24 hours prior to the date and time of such meeting, provided however, this
notice requirement may be waived upon good cause shown that such notice is
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impossible or impractical, in which case as much notice as is reasonably possible
shall be given. The nature of the good cause justifying the departure from the Rule
shall be stated in the minutes of the meeting.
RULE 9. Any regular or special meeting of the Board may be adjourned
to a date certain by the Board.
RULE 10. A majority of the members of the Board shall constitute a
Quorum, but a smaller number present at any meeting may adjourn from day to day
or to a day certain.
RULE 11. The Chairman shall take the chair at the hour set for the
meeting and immediately call the members to order. Upon the appearance of a
quorum, the Board shall proceed with the meeting.
RULE 12. Generally, the Order of Business at all regular meetings of the
Board will be as follows:
ROLL CALL
1. APPROVAL OF JOURNAL OF PRECEDING MEETING
2. COMMENTS BY THE CHAIRMAN
3. REPORT OF BOARD COMMITTEES
4. REPORT OF EXECUTIVE DIRECTOR AND STAFF
5. COMMENTS FROM THE PUBLIC
6. SUBMISSION OF PUBLIC HEARING REPORTS
7. COMMUNICATIONS
8. CONSENT AGENDA - Ordinances, Resolutions, Plan Approvals
9. UNFINISHED
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10. NEW BUSINESS - Ordinances, Resolutions
11. ITEMS PROPOSED FOR INTRODUCTION AND ADOPTION AT THE
NEXT BOARD MEETING
12. ANY OTHER BUSINESS THAT MAY PROPERLY BE BROUGHT
BEFORE THE BOARD
13. CLOSED SESSION
14. ADJOURNMENT
RULE 13. Proposed ordinances shall be introduced by a member or
members in the form of a "Proposed Ordinance". A proposed ordinance shall be read
by title upon introduction and given a number, followed by the designation of the
fiscal year in which it was introduced. Proposed ordinances shall be numbered
beginning with the first proposed ordinance introduced in each fiscal year.
RULE 14. Amendments to proposed ordinances may be adopted by
majority vote of the members present, provided that no amendment shall be adopted
that is not germane to the original purpose of the proposed ordinance. Any proposed
ordinance introduced by a member or members fewer than the entire membership of
the Board shall be read by title at the time of introduction, but shall not be voted
upon until after fourteen (14) days have elapsed when it shall again be read in open
meeting and finally voted upon, provided that by unanimous consent of all the
members present it may be placed on the final passage order of business and acted
upon at the meeting at which it was introduced if such meeting be an open meeting.
RULE 15. During the final passage order of business, no amendments
shall be offered to a proposed ordinance except by unanimous consent of all
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members of the Board present. On the final passage of any ordinance, resolution,
regulation, rule or order, the yeas and nays shall be entered by name on the Journal
and at the request of any one member of the Board, the yeas and nays on any other
question shall be so entered.
RULE 16. Resolutions may be placed on the consent agenda or New
Business and adopted at any meeting of the Board of Trustees. The Board shall
transact the following items of business by resolutions:
1. Authorizing encroachment on District easements.
2. Declaring the necessity of improvements in subdistricts.
3. Declaring improvements to be in the public interest.
4. Authorizing filing of applications for grants
in aid of construction.
5. Accepting grants in aid of construction.
6. Selecting depositaries for District funds.
7. Congratulatory or commendatory expressions.
8. Any other matter of business not required to be done by ordinance
and which the Board deems proper, or any and all other duties
which
it may need to or be required to perform by the Constitution, Laws
and the Plan.
RULE 17. Orders may be adopted at any meeting of the Board of
Trustees. The Board shall transact the following items of business by order:
1. Approval of the appointment or dismissal of the Executive Director,
Secretary-Treasurer, and Internal Auditor.
2. Exercise and performance of any and all other powers of a non-
legislative nature which it may possess and any and all other
duties which it may need to or be required to perform by the
Constitution, Laws and the Plan.
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RULE 18. A proposed ordinance, resolution, or proposed order may be
dropped from the order of business at any time upon motion of one of the members
present, seconded by another member, and concurred in by affirmative vote by two
members of the Board appointed from the City of St. Louis and two members of the
Board appointed from St. Louis County. A proposed ordinance placed on the consent
agenda and not finally passed after 15 successive regular meetings, shall be dropped
from the order of business by the Secretary-Treasurer and may not be considered
again by the Board unless introduced anew. Proposed resolutions, regulations, rules
and orders placed on the order of business and not passed after ten successive
regular meetings shall be dropped from the order of business by the Secretary-
Treasurer and may not be considered again by the Board unless introduced anew.
Communications, letters, petitions, reports and miscellaneous items placed on the
order of business for a meeting and not acted upon at the meeting shall be dropped
from the order of business of the next succeeding meeting unless the Chairman on
his own order or the Board by vote of two members appointed from the City of St.
Louis and two members appointed from St. Louis County shall order that it be placed
under the unfinished business order of business for the next meeting.
RULE 19. The Secretary-Treasurer shall prepare, on Monday of each
week in which a regular meeting is scheduled an order of business for the succeeding
regular meeting of the Board, noting thereon under the proper order all the items of
business that have come to his attention by 12 o'clock noon Monday. Items of
business shall be listed by caption so that members of the Board may reasonably
understand the nature of the items of business. The Secretary-Treasurer shall mail
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or deliver copies of the order of business to the members of the Board not later than
5:00 P.M. on Monday before the regular meeting and shall make copies available to
the public at the same time. Except by unanimous consent of all members of the
Board present, no final vote shall be taken on the passage of any ordinance until the
expiration of at least 14 days from the time that such ordinance was first introduced,
consistent with Section 5.090 of The Metropolitan St. Louis Sewer District’s Charter.
Items of business other than the final passage of bills may be placed on the calendar
at any time by majority vote of the Board members present. The order of business of
a special meeting shall be established by majority vote of the members of the Board
at the beginning of the meeting, provided that whenever a special meeting is called,
the Secretary-Treasurer shall state in the notice therefor the business to be
transacted and no other business shall be considered.
RULE 20. All documents intended for introduction or adoption at any
meeting of the Board of Trustees of The Metropolitan St. Louis Sewer District shall be
delivered to all members of the Board no later than five (5) working days in advance
of the Board meeting, notwithstanding documents pertaining to certain issues as
may arise on an emergency basis.
RULE 21. The record of the proceedings of the Board shall be kept by the
Secretary-Treasurer as follows:
1. JOURNAL - The journal shall consist of entries which will show the
items of business transacted by the Board. A proposed ordinance shall be entered in
the journal by title and number when it is introduced, and when it is finally passed.
The number assigned to an ordinance shall be entered at the time it is enacted. On
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the final passage of any ordinance, resolution, regulation, rule or order, the yeas and
nays shall be entered by name on the journal and at the request of any one member
the yeas and nays on any other question shall be so entered. A copy of the journal of
each meeting shall be mailed by the Secretary-Treasurer to each member of the
Board as soon thereafter as possible and copies shall be made available to the public
at the same time. The Secretary-Treasurer shall keep a book which shall be entitled
"Journal of the Board of Trustees - (year)". The original copy of the journals of the
Board shall be authenticated by the signature of the Secretary-Treasurer, and shall
be maintained in said book in the offices of the Secretary-Treasurer. Certified copies
of any of the proceedings of the Board shall be furnished to anyone requesting same
upon payment to the Secretary-Treasurer of the cost of preparing same, said
payment to be deposited by the Secretary-Treasurer to the credit of the General
Fund.
2. ORDINANCES - The Secretary-Treasurer shall maintain a book
entitled "Ordinances of The Metropolitan St. Louis Sewer District -(year)" in which
shall be recorded on good and sufficient paper the official copy of the ordinances
enacted. The original copy shall be signed by the Chairman of the Board and
authenticated by the signature of the Secretary-Treasurer and shall be retained by
the Secretary-Treasurer in the official files of the District.
3. RESOLUTIONS - The Secretary-Treasurer shall maintain a book
entitled "Resolutions of The Metropolitan St. Louis Sewer District -(year)" in which
shall be recorded on good and sufficient paper the official copy of the resolutions
passed by the Board. The original copy shall be signed by the Chairman of the Board
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and authenticated by the signature of the Secretary-Treasurer and shall be retained
by the Secretary-Treasurer in the official files of the District.
4. FILES - The Secretary-Treasurer shall maintain an official file for the
Board of Trustees in which may be filed all original ordinances and resolutions and
all other items received by the Board and ordered filed by it.
RULE 22. Until such time as the Board shall provide for the publication
of a code or other volume or volumes containing the Plan or the ordinances,
resolutions, or orders of the District, the Secretary-Treasurer shall furnish certified
copies of any ordinance, resolution, order or journal to anyone requesting the same
upon the payment to the Secretary-Treasurer of the cost of preparing the certified
copy. The Secretary-Treasurer shall furnish copies of any order or business,
ordinance, resolution, order or journal to anyone requesting the same upon the
payment to the Secretary-Treasurer of the cost of preparing the copy, provided that
the Secretary-Treasurer may establish an annual charge for the cost of the furnishing
of all copies of such orders of business, ordinances, resolutions, orders or journals,
together or separately. Such fees shall be deposited monthly to the credit of the
General Fund and the Secretary-Treasurer shall make a report thereon to the
Director of Finance for his audit.
RULE 23. The Secretary-Treasurer or a deputy shall attend all regular
and special meetings of the Board; keep and make out its journal and record all its
proceedings; act as the reading clerk at Board meetings; make out and transmit all
its messages, communications, copies and documents; keep, under the direction of
the Chairman, regular files of the papers of the Board; attest all documents issued by
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order of the Board and all ordinances, orders, and resolutions of the Board. He shall
superintend the preservation of all books and records belonging to the Board. He
shall furnish stenographic assistance to the members of the Board when such
assistance is needed in the performance of their official duties. He shall prepare all
payrolls, requisitions, and other similar documents necessary to the administration
of the affairs of the Board.
RULE 24. At the beginning of each fiscal year, the Chairman of the Board shall
establish the Committees of the Board deemed necessary to transact the business of
the Board. Such Committees of the Board shall study, report, and make
recommendations to the Board on their respective assignments.
The Board Chairman shall appoint the Board Committee Chair and Board Committee
members for each Committee for the fiscal year.
There shall be four (4) standing Committees of the Board. The standing Committees
will be the Stakeholder Relations Committee, Finance Committee, Audit Committee,
and Program Management Committee.
Citizen Advisors may be appointed to assist Board Committees. The procedures for
the appointment of said Citizen Advisors are as follows:
NUMBER OF ADVISORS: Each Board Committee may have citizen
advisors on the Committee. The Board Committee chairperson shall
determine the exact number of advisors to have on the Committee
he/she chairs.
APPOINTMENT: The Committee chairperson shall nominate advisors to
his/her Committee. The entire Board of Trustees shall then approve or
disapprove of the nominee(s).
QUALIFICATIONS: Individuals with experience, expertise or knowledge
about the issues/topics to be considered by the Board Committee will
be sought as advisors. Other Board members and MSD staff may
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recommend individuals to the Board Committee chairperson for
advisors. The Committee chairperson shall consider such
recommendations, but is not obligated to appoint the individual.
A citizen advisor may be an employee of the District. MSD employees
assigned to staff a Committee shall not be considered citizen advisors.
TERM OF SERVICE: The terms of each citizen advisor shall be for one
(1) year. Each year the Committee Chairperson is required to obtain
Board approval of the advisors nominated to serve on his/her
Committee. The terms will begin at the start of the District’s fiscal
year, July 1, and run until June 30. Advisors are eligible to serve for
up to three (3) years.
VACANCIES: If in the course of the year, a vacancy is created when an
advisor notifies the Committee Chairperson that he/she can no longer
serve, the Committee Chairperson may fill the vacancy upon approval
by the entire Board. Any advisor appointed to fill a vacancy shall have
that service count as a full year’s service on the Committee.
VOTING RIGHTS: Each Committee advisor is encouraged to participate
in discussions of issues brought before the Committee. Citizen
advisors will not have the right to vote in Committee meetings.
RULE 25. Robert’s Rules of Order, revised, is adopted as though fully set
out herein and shall be followed in the absence of a specific rule.
RULE 26. No rule of the Board shall be dispensed with except by an
affirmative vote of all of the members of the Board present.
SECTION 2. The rules of procedure adopted by the Board on May 10,
2001 as set forth in Resolution No. 2404, and all other orders and resolutions
inconsistent herewith shall be superseded by these rules.
The foregoing Resolution was adopted September 14, 2006.