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HomeMy WebLinkAboutOrdinance No. 2981-2017CITY OF KENAI ORDINANCE NO. 2981-2017 Sponsored by: City Clerk AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE, CHAPTER 1.15 — RULES OF ORDER, TO CHANGE GENDER SPECIFIC LANGUAGE TO GENDER NEUTRAL, PROVIDE CONSISTENCY IN THE REFERENCES TO THE CHAIR OF A MEETING, AND OTHER HOUSEKEEPING CHANGES. WHEREAS, consistent with the ongoing effort to gender neutralize Kenai Municipal Code when opportunities present themselves, several amendments to KMC Chapter 1.15- Rules of Order, are required; and, WHEREAS, KMC Chapter 1.15 — Rules of Order, also has numerous inconsistencies in its references to 'presiding officer' and 'chair' and amendments are needed to provide consistency and clarity; and, WHEREAS, other housekeeping changes are needed to replace antiquated language and correct scrivener errors. 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 of the Kenai Municipal Code: That Kenai Municipal Code, Section 01. 15.010 — Presiding Officer, is hereby amended as follows: (a) The Mayor shall preside at all meetings of the Council. He or she shall preserve order and decorum among the Council Members and is responsible for conduct of all meetings in compliance with these rules. He or she may, at any time, take such reasonable action as he or she deems proper to preserve order among the spectators in the Council Chamber during sessions of the Council. He or she may speak to points of order in preference to other members, and shall decide all points of order, subject to appeal to the Council by motion duly seconded as herein provided. He or she may participate in the debate on any matter. He or she may, at any time, call any member to the Chair during any meeting, such substitution to discontinue when he or she elects to resume the Chair, and in no event beyond adjournment of the meeting at which such substitution is made. (b) In the temporary absence or disability of the Mayor and Vice Mayor, any member of the City Council may call the Council to order at any regular or duly called special meeting to elect a president pro tempore from among its numbers; and the president pro tempore shall exercise all powers of Chair[MAN] during temporary absence or disability of the Mayor and Vice Mayor, and may vote on questions before the Council. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2981-2017 Page 2 of 8 Section 3. Amendment of Section of the Kenai Municipal 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 Chair [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 Chair[MAN] at any time during the meeting. (d) Any member may make a point of order without a second at any time. The Chair [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 Chair [PRESIDING OFFICER] shall put the question to 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 Chair[MAN] 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 Chair [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 manneras 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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2981-2017 Page 3 of 8 (k) All motions shall require a second, unless otherwise provided. (1) Any member may require the division of a question when each part is capable of standing alone [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. (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] order. 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 4. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code, Section 01. 15.070 — Ordinances — Procedure in passing, is hereby amended as follows: (a) Every ordinance shall be introduced in writing and shall be orally read before any vote for passage thereof is taken. After passage on first reading, the ordinance shall be published by posting a copy thereof on the Council bulletin board, together with a notice of the time and place when and where it will be given a public hearing and be considered for final passage. The first such publication shall be at least five (5) days prior to the time advertised for public hearing. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2981-2017 Page 4 of 8 (b) At the time and place so advertised by posting, or at any time and place to which such hearing shall from time to time be adjourned, all persons interested who appear shall be given an opportunity to be heard. Before the hearing begins, the ordinance shall be read a second time by title or in full. (c) After such hearing, the Council may finally pass such ordinance with or without amendments. The vote on final passage shall be by roll call, and the vote shall be entered in the journal. (d) No ordinance, except an emergency ordinance or an ordinance making, repealing, transferring, or otherwise changing appropriations, may be finally passed on the same day that it is introduced. By unanimous consent of all Council[MEN] Members present, such ordinances may be read a second time and then, by the required vote, be passed, on the same day on which they are introduced. All persons present shall be given an opportunity to be heard before the vote on final passage. (e) After final passage, every ordinance shall be published by posting it in full on the Council bulletin board. (f) Emergency ordinances and ordinance making, repealing, transferring, or otherwise changing appropriations, shall go into effect immediately upon passage unless they specify a later time. All other ordinances shall go into effect one month after passage and publication unless they specify a later time, or unless they are referred to the voters by the referendum. (g) Within a reasonable time after final passage of an ordinance, the City Clerk shall cause it to be recorded and indexed with the other ordinances of the City. Section 5. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code, Section 01.15.090 — Ordinances and resolutions, is hereby amended as follows: Oral reading in full of an ordinance or resolution may be waived by unanimous consent of all Council[MEN] Members present, but in such case the ordinance or resolution shall be read by title. Section 6. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code, Section 01.15.100 — Speaking, is hereby amended as follows: (a) A member about to speak shall respectfully address the Chair, and shall not commence to speak until recognized by the Chair [PRESIDING OFFICER]. When two (2) or more members request to speak at the same time, the Chair [PRESIDING OFFICER] shall determine which one is recognized. (b) Every member while speaking shall confine himself or herself to the subject under debate, shall refrain from personalities, and shall not refer to any other member of the Council except in a respectful manner. (c) Unless a member who has the floor yields for that purpose, no member shall interrupt another while speaking, except to propound a parliamentary inquiry or make a point of order. (d) No member shall speak more than twice or for more than ten (10) minutes continuously to any one question, except that one or more additional periods of ten (10) minutes may be New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2981-2017 Page 5 of 8 granted by unanimous consent. The reading of papers desired by any member shall be read by himself or herself or by the City Clerk within the member's time limitation unless permission for the Clerk to read such paper outside the time limitation is unanimously granted. Section 7. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code, Section 01.15.110 — Voting, is hereby amended as follows: (a) The Chair [PRESIDING OFFICER] shall declare all votes; but, if any member doubts a vote, the Chair [PRESIDING OFFICER], without further debate upon the question, shall request the members voting in the affirmative and negative respectively to indicate by show of hands, and he shall declare the result. (b) In all meetings of the City Council, the vote shall be taken by yeas and nays on the passage of all ordinances, resolutions, and authorizations for the payment of money, and on the passage of any motion, order, or resolution when called for by any member of the Council, and such yea and nay vote of each member shall be permanently entered on the record of the proceedings of the Council by the City Clerk. Other voters may be by voice or show of hands. (c) No member shall vote on any question in which he or she is pecuniarily interested directly or indirectly and in which his or her vote may be decisive, except as herein set forth. Should any member desire to intend to have business dealings with the City whereby he or she may derive income and benefits other than those provided as remuneration for his or her official duties, he or she shall file with the City Clerk, in such form as the Clerk may prescribe, a statement under oath which shall include the nature of the proposed transaction and the extent of the interest, direct or indirect, which said officer or employee has in said transaction. The City Clerk shall publish a copy of such statement in a newspaper of the City qualified by law to publish legal notices if one is published in the City and shall, in addition, post a copy of said statement on the Council bulletin board. The cost of said publication shall be borne by the member who desires to enter into the transaction, and the City Clerk may require a deposit to insure payment thereof. The Council shall take no action with regard thereto until at least ten (10) days shall have elapsed after the filing of the statement by the member and until at least seven (7) days shall have elapsed after the publishing and posting of said statement as required herein. (See also Chapter 1.85.) (d) Every member who shall be present when a question is put, when he or she is not disqualified by personal interest, shall vote, unless the Council for special reason excuses him or her. Applications to so excuse must be made before the vote, and shall be decided without debate. (e) Anything to the contrary in these rules notwithstanding, in all cases where an extraordinary majority is not required, and when no motion is before the Council, the Chair may, in lieu of calling for or waiting for a motion to be made, put the question in the following form: "Without objection, it will be so ordered." If no objection is heard, he or she shall announce: "it is so ordered," which will have the same effect as if a motion to that effect has been made and voted upon favorably. If a single objection is reasonably expressed when the question is put, the Chair shall not proceed further under this rule, but instead shall call for a motion, which motion shall be handled in the regular manner. (KC 1-18) New Text Underlined; IDELETED TEXT BRACKETED] Ordinance No. 2981-2017 Page 6 of 8 Section 8. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code, Section 01.15.120 — Voting, is hereby amended as follows: (a) A proposed amendment to, or repeal of, any rule in this chapter shall be submitted in writing as a non -emergency ordinance, and may be passed in the same manner as other non -emergency ordinances. (b) Robert's Rules of Order Newly Revised, 11th Edition, shall govern in all cases to which they are applicable and in which they are not inconsistent with City Charter or ordinance and any special rules of order the Council may adopt. (c) The Council rules shall be observed in all cases unless suspended temporarily for a special purpose of an emergency nature by a vote of five (5) members present. Any member may move, at any time, for the suspension of any rule, and such motion must be seconded to entitle it to consideration. (d) If any member, in speaking or otherwise, transgresses the rules of the Council, the Chair [PRESIDING OFFICER] shall, or any member may, call the member to order; in which case the member so called to order shall immediately cease discussion unless permitted by the Chair [PRESIDING OFFICER] to explain; and the Council, if appealed to, shall decide the question without debate. If the decision be in favor of the member so called to order, the member shall be at liberty to proceed; if otherwise, the member shall not proceed without leave of the Council to proceed in order. (KC 1-19; Ord. 26142012) Section 9. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code, Section 01.15.130 — Telephonic participation, is hereby amended as follows: (a) A member of the Council may participate via telephone in a Council meeting, if the member declares that circumstances prevent physical attendance at the meeting. If the Mayor chooses to participate via telephone, the Vice -Mayor or president pro tempore shall preside. (b) No more than the first three (3) members to contact the Clerk regarding telephonic participation in a particular meeting may participate via telephone at any one (1) meeting unless it is a special meeting called to consider an emergency action, in which case all members may participate telephonically. (c) The member shall notify the Clerk's office as soon as reasonably practical, but not less than two (2) hours prior to the start of the Council meeting that the member proposes to attend by telephone. Such notification shall state the reason for telephonic participation and shall provide the telephone number, and any available facsimile, email, or other document transmission service. Failure to provide the notification within the period of time provided herein shall result in the member's exclusion from attendance of a Council meeting through telephonic participation. The Clerk shall notify all Council members of the request. (d) At the meeting, the Clerk shall establish the telephone connection when the call to order is imminent. (e) A member participating by telephone shall be counted as present for purposes of discussion, voting, constituting a quorum and attendance. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2981-2017 Page 7 of 8 (f) The member participating by telephone shall make every effort to participate in the entire meeting. From time to time during the meeting, the presiding officer shall confirm the connection. (g) The member participating by telephone may ask to be recognized by the Chair [PRESIDING OFFICER] to the same extent as any other member. (h) To the extent reasonably practicable, the Clerk shall provide backup materials to members participating by telephone at the member's expense. (i) If the telephone connection cannot be made or is made and then lost, the meeting shall commence or continue as scheduled and the Clerk shall attempt to establish or restore the connection. (j) Meeting times shall be expressed in Alaska time regardless of the time at the location of any member participating by telephone. (k) Participation by telephone shall be allowed for regular, special and work session meetings of the Council. (1) Remarks by members participating by telephone shall be transmitted so as to be audible by all members and the public in attendance at the meeting, provided that in executive session the remarks shall be audible only to those included in the executive session. (m) As used in these rules, "telephone" means any system for synchronous two (2) way voice communication. "Mayor" includes the Vice -Mayor or any other member serving as president pro tempore. (n) Each Council member may attend a maximum of four (4) regular meetings by teleconference during the twelve (12) month period starting November 1st of each year unless an exception provided below applies and any number of special meetings or work sessions. (o) A Council member may attend an additional two (2) meetings by teleconference during a twelve (12) month period starting November 1st of each year if the member declares that he or she is physically unable to attend the meeting due to the need for extended medical care and treatment of the member or extended medical care and treatment or death of the member's immediate family. (p) A Council member may attend an additional two (2) meetings by teleconference during a twelve (12) month period starting November 1st of each year when the member is traveling on Council approved City business. (q) In this section, "immediate family" means the spouse of the person, another person cohabitating with the person in a conjugal relationship that is not a legal marriage, a child (including a stepchild or foster child) of the person, a parent, sibling, grandparent, aunt or uncle of the person, or a parent or sibling of the person's spouse. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2981-2017 Page 8 of 8 (r) In this section "City business" means anytime a member is traveling or in a location outside the City on behalf of the City or attending training, as approved by Council and in compliance with the Council Travel Policy. (s) In this section "emergency action" means any action which in the judgment of Council is necessary for the immediate preservation of public peace, health or safety. (Ords. 2130- 2005, 2168-2006, 2203-2006, 2701-2013, 2813-2015) Section 10. 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 11. 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 201h day of September, 2017. BRIAN GABRIEL SR., MAYOR Introduced: September 6, 2017 Enacted: September 20, 2017 Effective: October 20, 2017 New Text Underlined; [DELETED TEXT BRACKETED] 1111la� alld a Past, 6o uiid a f twce „ 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 1 Fax: (907) 283-3014 Me city of www. kenai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: FROM: - Jamie Heinz, Acting City Clerk DATE: August 31, 2017 SUBJECT: Ordinance No. 2981-2017 — Gender Neutrality and Chair References When considering Ordinance No. 2971-2017 at the August 2 City Council Meeting, it was noted there were several gender specific references to Council members and several inconsistent references to the meeting chair and presiding officer in KMC Chapter 1.15 — Rules of Order. This ordinance changes gender specific language to gender neutral language and provides consistency to the references to the meeting chair. Your consideration is appreciated.