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HomeMy WebLinkAboutOrdinance No. 2971-2017CITY OF KENAI ORDINANCE NO. 2971-2017 Sponsored by: City Clerk AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 1.15.060 - MOTIONS, TO PROVIDE FOR DEFERRING A MOTION OR AGENDA ITEM BEYOND THE NEXT MEETING. WHEREAS, Kenai Municipal Code 1.15.120- Rules of Order, provides that Robert's Rules of Order Newly Revised, 111" Edition, governs unless superseded by City Charter or ordinance; and, WHEREAS, according to Robert's Rules of Order, based on the City's meeting schedule, a motion, "to postpone to a certain time," limits the timeframe for postponement to the end of the next meeting; and, WHEREAS, making available a special rule of order to provide for deferring a motion or agenda item beyond the next meeting is in the best interest of the City to provide for additional public process in such cases where the Council seeks input from a Committee, Commission, or the Council on Aging or other situations as they arise. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section 01.15.060 of the Kenai Municioal Code: That Kenai Municipal Code, Section 01.15.060— Motions, is hereby amended as follows: (a) A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be entertained. (b) No appeal from any decision of the presiding officer shall be entertained unless it is seconded, and no other business shall be in order until the question on appeal has been decided. The question on appeal is not debatable and shall be put as follows: "Shall the decision of the Chair stand as the judgment of the Council?" It shall be deemed to be decided in the affirmative unless a majority of the votes given are to the contrary. (c) Any member may make a parliamentary inquiry of the Chairman at any time during the meeting. (d) Any member may make a point of order without a second at anytime. The presiding officer may speak to points of order in preference to other members, and shall decide all such questions, subject to appeal to the Council by motion duly seconded; and no other business shall be in order until the question on appeal has been decided. (e) When the previous question is moved by any member, all debate on the main question shall be suspended immediately and the presiding officer shall put the question to New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2971-2017 Page 2 of 3 the following form: `The previous question is moved on (specifying the motion on which the previous question is demanded). As many as are in favor of ordering the previous question will so indicate." If four (4) members vote affirmatively, the affirmative has it, the previous question is ordered, and the Chairman will proceed immediately to put to a vote the question on which the previous question was ordered. If less than four (4) members so indicate, the negative has it, the motion is lost, and the question reverts to the immediately pending question, which is again open to debate and amendment as if the previous question has not been demanded. (f) The presiding officer shall put all questions in the order in which they are moved unless a subsequent motion shall be previous in its nature, except in naming sums and fixing times, the largest sum and the longest time shall be put first. (g) When a vote has been taken, any member who voted on the prevailing side may move a reconsideration thereof at the same meeting or at the next succeeding meeting whenever motions are in order, provided that the subject matter has not passed out of the control of the Council. (h) A motion to reconsider requires four (4) votes; if such motion thus prevails, the subject shall be open to debate and amendment in the same manner as the original question. Debate on motions to reconsider shall be limited to twenty-five (25) minutes, and no member shall speak more than five (5) minutes. No motion shall be reconsidered more than once. (i) A motion must be reduced to writing if the presiding officer so requires or any member so demands, and no other motion shall be entertained until reasonable time (not over ten (10) minutes) if afforded for compliance with this rule. 0) Any previous vote may be rescinded by vote of four (4) members of the Council at any time, provided the subject matter has not passed out of the control of the Council. (k) All motions shall require a second, unless otherwise provided. (1) Any member may require the division of a question when the sense of it will admit. (m) When a question is under debate, the presiding officer shall receive any of the following motions but no other: (1) To adjourn; (2) To recess; (3) To raise a question of privilege; (4) To call for the order of the day, or the regular order; (5) To lay on the table; (6) For the previous question; (7) To limit or extend limits of debate; (8) To postpone to a certain time; (9) To refer; (10) To postpone indefinitely. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2971-2017 Page 3 of 3 (n) When one of the above motions has been made, none of the others inferior to it in the order in which they stand above shall be made; and in proceeding to vote, motions pending shall be put in the order of their rank as above arranged. The first seven (7) are not subject to debate. A motion to postpone to a certain time, refer, amend, or to postpone indefinitely may be amended; the previous question may be demanded before an amendment, which motion shall be decided without debate. A motion to adjourn shall always be in other provided that business of a nature to be recorded in the journal has been transacted since any previous motion to adjourn has been defeated. No motion or proposition of a subject different to that under consideration shall be admitted under color of an amendment. When a matter has been especially assigned to be taken up at a fixed time, or at a certain stage of proceedings, such matter shall, at the appointed time, or at any time subsequent thereto, be in order upon the call of any member, and take precedence over all of the business. (o) After a motion is stated or read by the presiding officer, it shall be deemed to be in the possession of the Council, and shall be disposed of by vote, but the mover may withdraw it at any time before decision or amendment, by consent of the second. (p) The motion "to postpone to a certain time" is the motion by which action on a pending question or agenda item can be deferred beyond the next meeting to a definite day, meeting or hour, or until after a certain event. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of August, 2017. Introduced: July 5, 2017 Enacted: August 2, 2017 Effective: September 3, 2017 New Text Underlined; [DELETED TEXT BRACKETED] r f1�a�e wid a fast, 6p wid a f tine 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 1 Fax: (907) 283-3014 the city of www. kenai.city V MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: FROM: Jamie Heinz, Acting City Clerk DATE: June 30, 2017 SUBJECT: Ordinance No. 2971-2017 — Postponing to Time Certain The City of Kenai uses Robert's Rules of Order which prescribes certain rules for certain motions unless superceded by local regulation. According to Robert's Rules of Order, based on the City's meeting schedule, a motion, "to postpone to a certain time," limits the timeframe for postponement to the end of the next meeting. From time to time, situations arise in which the ability to defer a motion beyond the next meeting would be beneficial to Council and public process. Referring an item to a Committee, Commission, or Council on Aging to seek additional input when their meeting falls after the next City Council meeting is a good example of when this type of deferment would be beneficial. The amendment to Kenai Municipal Code, as presented in Ordinance No. 2971-2017 would provide for the deferment of a motion beyond the end of the next meeting. Your consideration is appreciated