HomeMy WebLinkAbout20200601 - City Council Meeting Procedures di
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To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: June 1,2020
Item: City Council Meeting Procedures
Background Information:
I believe that each of us should review and re-commit to the City Council's adopted Rules of
Decorum. Additionally, in this memo I provide several specific ideas that the Council may find
helpful in the conduct of our meetings.
Respect
• Give Each Other the Benefit of the Doubt—We often deal with complex and nuanced
issues. Our current pandemic environment means added stress and anxiety. Please
recognize that we're all doing the best we can. Ultimately, we all want cooperative and
enjoyable working relationships.
• Civility Reminder —In Evansville, Wisconsin, we had a Civility Reminder near the start
of the meeting agenda. It was a one-page summary of their Rules of Decorum right in the
meeting packet and served as a visible reminder of the City Council's commitment to
working together and treat each other professionally.
• Use of the Committee Structure—The City Council has established, in ordinance, a
number of committees to work through the details and vetting of topics. When committee
recommendations come to the City Council, the committee's work should be recognized.
Although the City Council should definitely be informed and deliberate in its decision,
this should not be a wholly new debate of the background work already done by the
committee.
• Committee Agendas and Recaps—It is important that all of the City Council have up-
to-date information about committee meetings. Recaps of Committee meetings are
provided by the staff liaison to the full Council and all Committee agendas,packets, and
minutes are made available on the City website.
• Administrative Minutiae—Council discussion should focus of the policy aspects of
agenda items rather than administrative details. I recognize that sometimes the distinction
between policy and operations is blurry. Councilmembers and staff have distinct roles
and responsibilities. When a Councilmember gets involved in an operational matter it can
send mixed messages for staff(since we report to the Council as a body, not individuals),
and it can undermine my authority as City Administrator. And it becomes extra sensitive
when the City Council takes meeting time to publicly deliberate about an operational
concern.
• Respect the Council's Decision—The Rules of Decorum state"Accept and respect the
decisions made by the Council as a body. Deliver a consistent message to the
community."Unless circumstances have changed, a matter decided by the Council
should be considered settled.
Process
• Submit Questions Beforehand—On Monday mornings, I send a text to all the City
Council asking if anyone has questions or needs clarification about something on that
evening's agenda. Often clarifications or technical questions can be answered in advance,
saving time during the meeting,particularly if the question is about something that might
need more research. Similarly, if a councilmember intends to pull an item off the Consent
Agenda, it is helpful to know in advance, so the Mayor is aware and I can have staff
available to answer any questions.
• Disclosure of Conflict of Interest—In Bath, Michigan, we had a Disclosure of Conflict
of Interest near the start of the meeting agenda. Most of the time the answer was none,
but it gave the Board the ability to self-disclose any conflicts (or perceived conflicts)
before the item even came up for discussion, helping the Board to maintain its
professionalism.
• Setting the Agenda—The City's Charter states that any Councilmember can ask to have
an item placed on the agenda with 5 days advance notice in writing to the City Clerk.
Please observe the formality of making the request in writing (a quick email to Julie or
me is fine). When there's a general statement during a meeting, "I think we need to
discuss XYZ,"it can lead to ambiguity and confusion about whether it is the sentiment of
an individual or the group, whether it is a just a statement, whether it is a request for
additional information, whether it should be a future agenda item, or something else. And
please appreciate that 5 days before the meeting is really only 1 day before the agenda
and packets go out, so please allow added time if the topic might need research or
memos.
• Scripted Motions —In Evansville, Wisconsin, proposed motions were actually spelled
out directly on the meeting agenda to help the City Council with proper and accurate
wording.
Current Meeting Process -Zoom
• Public Comments —We set up a dedicated email PublicCommentskhastingsmn.gov to
help residents provide comments without needing to attend the meeting. We have been
forwarding the comments to all the City Council on the afternoon of the meeting.
Recognizing that this may limit Councilmember's time to review them, we are now
forwarding comments when the agenda and packet materials go out. Then any additional
comments received over the weekend will be provided on Monday.
• Adding Items to the Agenda—The Rules of Decorum provides that unanimous
agreement by the full City Council is required for a Councilmember to add an item at the
meeting. This is in fairness to Council and to the public, so they know what will be
discussed and have time to consider the items before the meeting. This week, I added a
line to the agenda highlighting the requirement for a unanimous vote. With our remote
meeting format, this vote will be done by roll call.
• No Gavel—One of the responsibilities of the Mayor is to oversee the conduct and
progress of the meeting. Unfortunately, in the Zoom environment, she does not have red
lights on microphones on a gavel to assist her. I do not have a suggestion to ease this, but
I do think it important enough to recognize.
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FLUEGEL LAW FIRM P.A.
Donald J.Fluegel* Attorneys At Law Telephone 651-438-9777
Daniel J.Fluegel 999 Westview Drive,Suite 1 Facsimile 651-438-9775
Benjamin J.Colburn Hastings,MN 55033-2432 www.fluegel.com
To: Honorable Mayor and City Council
From: Daniel J. Fluegel, City Attorney
Date: May 28, 2020
Item: City Council Meeting Procedures
I was asked to provide information that may help the Mayor and City Council members keep
City Council meetings proceeding smoothly and efficiently. This information will be provided
in advance of the City Council workshop on June 1, 2020 and I will be available to answer any
questions that may come up at that workshop. 1
Items to Consider in Advance of Meetings.
Having the City Council and staff prepared in advance for all agenda items, issues to be
discussed, and questions that may be raised will help the meetings proceed more smoothly. By
submitting questions on agenda items to staff in advance of the meeting, the City Council can
assist staff by allowing them to be fully prepared to provide clear answers before or at the
meetings. This is covered in the City Council Rules of Procedure/Decorum Guidelines adopted
April 16, 2018, a copy of which is attached.
Avoiding last minute additions to the agenda, where possible, will also assist with meeting
efficiency. This allows staff and Council members adequate time to prepare for discussion on
those items. City Code §31.03 provides that agenda items must be submitted to the City Clerk at
least five days before the regular Council meeting and no items shall be considered at a Council
meeting unless it has been submitted as required or unless all Council members unanimously
agree to consider it immediately. Although there has been some historic practice of allowing
agenda items to be added at the meeting where there is no objection noted by a Council member,
I am recommending that the Mayor consider calling for a vote whenever there is a request to add
one or more agenda items so there is a clear record whether there is unanimous consent to the
agenda items being added. While meetings are being conducted electronically by Zoom or
otherwise, that should be conducted as a roll call vote. If there is not unanimous consent to add
an agenda item, it should not be discussed at the meeting but it can be placed on an agenda for a
subsequent meeting. This reinforces the need for preparation in advance so that any important
agenda items can be submitted to the Clerk at least five days before the regular meeting and with
that preparation, last minute additions to the agenda should be the exception and not the norm.
Items that May be Helpful During City Council Meetings.
Adherence to rules of procedure established in the City Code as well as Robert's Rules may also
help with meeting efficiency. City Code §31.03 provides that deliberation of the Council shall
*Also admitted to practice in Wisconsin
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be conducted in the following manner:
(1)No member shall address the Council until he or she has been recognized by the presiding
officer. He or she shall thereupon address himself or herself to the Mayor and confine his or her
remarks to the question under discussion and avoid all personalities.
(2) When 2 or more members simultaneously seek recognition, the presiding officer shall name
the member who is to speak first.
(3)No person other than a member shall address the Council except by consent of a majority of
the members present.
(4)No motion shall be discussed or acted upon unless and until it has been seconded,unless the
rules permit 1 member to initiate action.No motion shall be withdrawn without the consent of
the person making the same and the person seconding it.
(5)When a question is under discussion no action shall be in order, except to adjourn,to lay on
the table,to refer previous questions,to postpone to a certain day,to refer to a committee,to
amend, or to postpone indefinitely. These motions shall have precedence in the order listed.
(6)Any member desirous of terminating the debate may move the previous question,in which
event the Mayor shall announce the question as, "Shall the main question now be put?"If a
majority of the members present vote in the affirmative,the rnain question shall be taken without
further debate, its effect being to put an end to all debate and bring the Council to a direct vote,
first upon any pending amendments, and then upon the main question.
(7) A motion to adjourn shall always be in order, and a motion to adjourn,to lay on the table, and
a call for the previous question shall be decided without debate.
The Mayor has the du apply and enforce these rules of procedure and although temporary
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suspension of the rules can occur, it may be helpful to follow these procedural rules closely.
This is made somewhat more difficult in the Zoom setting but it might also be more important in
that setting to allow for a clear record and ability for all Council Members to be heard. You will
see that these procedural rules cover a number of items we have dealt with in recent meetings
including the withdrawal of motions where there has been a second and motions to end debate
and call the question. For a motion to end debate, a Council Member may not interrupt another
speaker who has the floor but once they are recognized,the Council Member can make a motion
to end debate which must be seconded. This is not a debatable motion so there should not be any
discussion on the motion at that time. Instead, the Mayor should then call for a vote on the
motion to end debate (in the Zoom setting this will need to be a roll call vote) and if the majority
of the Council votes in favor of the motion to end debate, the Mayor should then proceed to call
for a vote on any pending amendments to the main motion and then upon the main motion.
The City Code provides that Robert's Rules of Order fills in items of procedure whenever they
are not specifically addressed in the City code. The rules of procedure most commonly needed
are contained in the City code.
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Where motions are made to accept and approve a staff recommendation contained in a resolution
or staff memo, those motions can be short and straight forward. When a Council member needs
to make a more complicated motion, or one that deviates from a staff recommendation contained
in the packet, Council Members should feel free to seek assistance from staff in articulating the
desired motion even if that may require that the language be written down, read back and
modified to match the intent of the Council member making the motion. Taking a little extra
time upfront to clearly define the motion may be helpful in a number of situations and makes for
a clear record.
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Generally, all of the City Code, Robert's Rules and the City Council's Rules of Decorum provide
that no members shall address the Council until he/she has been recognized by the Mayor and
thereafter,the Council member should address himself/herself to the Mayor(not directly to other
Council members) and confine their remarks to the question under discussion and to avoid all
personalities. This allows for highly respectful discussions among Council members and it also
has the benefit of streamlining discussion to only those important items that need to be discussed
as part of an agenda item. It is the role of the Mayor as the presiding officer to ensure that these
rules are followed and whenever possible, I will attempt to assist the Mayor in carrying out those
responsibilities.
Distinction Between RejZular, Special and Emergency Meetings.
Chapter IV of the Hastings Charter establishes the procedure of the Council including for
regular, special and emergency City Council meetings. Those rules of procedure in the Charter
are supplemented by the rules of procedure in City Code Chapter 31 referenced in part above.
Regular meetings are the meetings that are scheduled the first and third Monday of each month
except when there is a holiday. Special meetings can be called by the Mayor or any three
members of the City Council upon at least three business days advance written notice to each
member of the City Council. The notice for a special meeting must state the item(s) that are to
be discussed at the special meeting and other matters should not be discussed at the special
meeting. Emergency City Council meetings can be called by the Mayor, or any three members
of the City Council upon one hour's notice to each member of the City Council. An emergency
meeting can only be called when there is a circumstance that, in the judgment of the Mayor or
any three member of the City Council, requires immediate consideration by the Council. Only
matters relating to that emergency may be conducted at the meeting. Open meeting laws apply
to all regular, special and emergency City Council meetings.
It ism hope that this information provides a framework to assist the Mayor and City Council in
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holding smooth and efficient meetings. However, to actually achieve that goal requires the effort
of all Council members and staff. I will do my best to work with the Mayor and City Council
members to achieve that result. Limiting discussion to only the items properly before the
Council on a specific agenda item so that the Council can proceed to a vote on any given item
can go along ways to improving efficiency of meetings.
DAN/has
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City Council
Rules of Procedure/Decorum Guidelines
Adopted: April 16, 2018
All Council Members
All members of the City Council have equal votes. No Councilmember has more power than any other
Councilmember and all should be treated with equal respect.
All Councilmembers should:
• Demonstrate honesty and integrity in every action and statement
• Comply with both the letter and spirit of the laws and policies affecting the operation of
government
• Serve as a model of leadership and civility to the community
• Inspire public confidence in Hastings government
• Work for the common good, not personal interest, considering all impacts, influences and concerns,
and not only those that are presented with the strongest emotions.
• Prepare in advance of Council meetings and be familiar with issues on the agenda
• Fully participate in City Council meetings and other public forums while demonstrating respect,
kindness, consideration, and courtesy to others
• Participate in scheduled activities to increase Council effectiveness
• Review Council procedures,such as these guidelines, at least annually
• Represent the City at ceremonial functions at the request of the Mayor
• Be responsible for the highest standards of respect,civility, and honesty in ensuring the effective
maintenance of intergovernmental relations
• Respect the proper roles of elected officials and City staff in ensuring open,transparent, and
effective government
• Accept and respect decisions made by the Council as a body. Deliver a consistent message to the
community
• Provide accurate contact information to the City Administrator
Council Conduct with One Another
Councils are composed of individuals with a wide variety of backgrounds, personalities,values, opinions,
and goals. Despite this diversity, all have chosen to service in public office in order to improve the
quality of life in the community. In all cases,this common goal should be acknowledged even as
Councilmembers may"agree to disagree" on contentious issues.
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In Public Meetings
• Use formal titles—The Council should refer to one another formally during Council meetings as
Mayor or Councilmember followed by the individual's last name I
• Practice civility and respect for discussions and debate—difficult questions,tough challenges to a
particular point of view, and criticism of ideas and information are legitimate elements of a free
democracy in action. Be respectful of diverse opinions.
• Honor the role of the presiding officer in maintaining order and equity—respect the Mayor's
efforts to focus discussion on current agenda items. Objections to the Mayor's actions should be
voiced politely and with reason.
• Demonstrate effective problem-solving approaches—Councilmembers have a public stage to show
how individuals with disparate points of view can find common ground and seek a compromise that
benefits the community as a whole. Councilmembers are role models for residents, business people,
and other stakeholders involved in public debate.
• Be respectful of people's time—stay focused on the matter being discussed and act efficiently
during public meetings.
• Be prepared—Review items for discussion prior to the meeting.
• Submit questions on Council agenda items ahead of the meeting—in order to focus the Council
meetings on consideration of policy issues and to maintain an open forum for public discussion,
questions which focus on the policy aspects of agenda items should be discussed at the Council
meeting ratherthan administrative minutia.Any clarifications or technical questions that can be
readily answered can be handled before the meeting.Councilmembers are encouraged to submit
their questions on agenda items to the City Administrator as far in advance of the meeting as
possible so that staff can be prepared to respond at the Council meeting.
In Private Encounters
• Treat others how you would like to be treated—ask yourself how you would like to be treated in
similar circumstances, and then treat the other person that way.
Council Conduct with City Staff
Governance of a City relies on the cooperative efforts of elected officials,who set policy, and City staff,
which analyze issues, make recommendations,and implement and administer the Council's priorities.
Therefore,every effort should be made to be cooperative and show mutual respect for the
contributions made by each individual for the good of the community.
• Treat all staff as professionals—Clear, honest communication that respects the abilities, experience,
and dignity of each individual is expected.As with your Council colleagues, practice civility and
respect in all interactions with City staff.
• Channel communications through the appropriate senior City staff—questions of City staff should
be directed only to the City Administrator or Department Heads.The City Administrator should be
copied on any request to senior staff. When in doubt about what staff contact is appropriate,
Councilmembers should ask the Mayor and/or City Administrator for guidance. E
• All Councilmembers should have the same information with which to make decisions—the City
Administrator and Department Heads will endeavor to ensure Councilmembers are provided with
clear and consistent information upon which to base decisions.
• Never publicly criticize an individual employee—All critical comments about staff performance
should only be made to the City Administrator through private correspondence or conversation.
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• Do not get involved in administrative or personnel functions—Avoid any interactions with staff
that may be construed as trying to shape staff recommendations. Councilmembers shall refrain from
coercing staff in making recommendations to the Council as a whole.
• Be cautious in representing City positions on issues—before sending correspondence related to the
legislative position, check with the City Administrator to see if a position has already been
communicated.When corresponding with representatives of other governments or constituents,
remember to indicate if appropriate that the views you state are your own and may not represent
those of the full Council.
• Respect the competing demands for staff work—requests for information should be made through
the City Administrator, according to the protocol for channeling communications.Any request which
would require an inordinate amount of staff to research a problem or prepare a response may be
referred to the full Council for direction to ensure that staff resources are allocated in accordance
with overall Council priorities.
• Support a respectful, positive and constructive workplace—Councilmembers should support the
maintenance of a respectful, positive and constructive workplace environment for City staff and for
citizens and businesses dealing with the City.
• Depend upon the staff to respond to citizen concerns and complaints—it is the role of
Councilmembers to pass on concerns and complaints on behalf of their constituents if the
Councilmember is not familiar with the current practice/policy/background. It is not, however,
appropriate to pressure staff to solve a problem in a particular way. Refer citizen complaints to the
Department Head or City Administrator who will coordinate follow-up by the appropriate staff
member(s).The City Administrator should be copied on any request to senior staff. Staff is
responsible for making sure the Councilmember knows how the matter was resolved.
Council Conduct with Boards and Commissions
The City has established several boards and commissions as a means for gathering more community
input. Citizens who serve on boards and commissions become more involved in government and serve
as advisors to the City Council.They are a valuable resource to the City's leadership and should be
treated with appreciation and respect. Councilmembers are expected to represent the full Council in
providing guidance to boards and commissions. In some instances,Councilmembers may attend board
or commission meetings as individuals, and should follow these protocols:
• If attending a board or commission meeting,identify your comments as personal views or
opinions—Councilmembers may attend any board of commission meeting,which are always open
to any member of the public.Any public comments by a Councilmember at a board or commission
meeting should be clearly made as an individual opinion and not as a representation of the feelings
of the entire City Council.
• Remember that boards and commissions are advisory to the Council as a whole, not individual
Councilmembers—the City Council appoints individuals to serve on Boards and Commissions, and it
is the responsibility of Boards and Commissions to follow policy established by the Council.
Individual Councilmembers should not feel they have the power or right to unduly influence Board
and Commission members in any way if they disagree about an issue.A board or Commission
appointment should not be used as a political "reward."
• Concerns about an individual Board or Commission member should be pursued with tact—if a
Councilmember has a concern with the effectiveness of a particular board or commission member,
the Councilmember should consult with the Mayor who can bring the issue to the Council as a
whole.
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• Be respectful of diverse opinions—a primary role of boards and commissions is to represent many
points of view in the community and to provide the Council with advice based on a full spectrum of
concerns and perspectives. Councilmembers may have a closing working relationship with some
individuals serving on boards and commissions but must be fair to and respectful of all citizens
serving on boards and commissions.
• Keep political support away from public forums—board and commission members may offer
political support to a Councilmember, but not in a public forum while conducting official duties.
Conversely, Councilmembers may support board and commission members who are running for
office, but not in an official forum in their capacity as Councilmember
Staff Conduct with City Council
• Respond to Council questions as fully and as expeditiously as is practical—senior staff will strive to
respond to all Councilmember inquiries as completely and quickly as practical. If a Councilmember
forwards a complaint or service request to the City Administrator,there will be follow through with
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the Councilmember on the outcome.
• Respect the role of Councilmembers as policy makers for the City—staff is expected to provide its
best professional recommendations on issues.Staff should provide information about alternatives
to staff recommendations as appropriate,as well as pros and cons for staff recommendations and
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alternatives.
o Demonstrate professionalism and non-partisanship in all interactions with the community
and in public meetings.
o It is important for the staff to demonstrate respect for the Council at all times.All
Councilmembers should be treated equally.
Other Procedural Issues
• Don't politicize procedural issues (e.g. minutes approval or agenda order)for strategic purposes.
• Respect the work of the Council standing committees
• Commit to periodically review procedural rules and guidelines and advise presiding officer of
any issues or concerns—throughout the year,Councilmembers should routinely review these
guidelines. Questions or unresolved issues should be brought to the Mayor for clarification or to
schedule follow up with the full Council at a future meeting.
Enforcement
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Councilmembers have a primary responsibility to assure that these guidelines are understood and
followed,so that the public can have full confidence in the integrity of their local government.These
guidelines are intended to be self-enforcing thereby requiring an ongoing commitment by
Councilmembers to faithfully honor the trust and dignity bestowed upon them as elected leaders and
community role models.
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