HomeMy WebLinkAbout2023-02-23 Council Packet - Joint Training Session with all Commissions & CommitteesROLES & RESPONSIBILITIES
Presented by Shellie Saner, MMC, Kenai City Clerk
W e a l l h a v e a R o l e !
Mayor and Council
City Clerk’s Office
Department Liaison &
Administration
Council Liaison
Commission
Chair and the Vice Chair
Residents
Responsibilities of Each Role!
Mayor and Council
City Clerk’s Office
Department Liaison &
Administration
Council Liaison
Responsibility of Each Role!
Commission
Members
Chair and the Vice Chair
Residents
Membership Responsibilities
Act as a body, not individually.
Working with the Staff Liaison.
Ethical Responsibilities.
RULES FOR EFFECTIVE MEETINGS
for
City Of Kenai
Councils, Commissions And Committees
Shellie Saner, MMC, Kenai City Clerk
Council Approved Policy
Council approved Policies are adopted by
Resolution.
Roberts Rules of Order
The parliamentary authority as established by
Council in KMC 1.15.120.
Alaska Statutes
Title 29 Municipal Government
Open Meetings Act (OMA) AS 44.62.310-312
Kenai Municipal Code
1.10 The Council
1.15 Rules of Order
1.85 Financial Disclosure & Conflict of Interest
1.90 Board, Commission & Committee Procedures
Components for a Successful Public Meeting
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Applicable Portions of KMC
1.10 -The Council & Charter Article 2
1 . 15 -Rules of Order
1.85 -Financial Disclosure & Conflict of Interest
1.90 -Standard Procedures for Boards, Commissions and Committees
Commission Specific
21.20 -Airport Commission
11.10 -Harbor Commission
19.05 -Parks & Recreation Commission
14.05 -Planning & Zoning Commission
Council on Aging –COA Recommended &
Council Approved By-Laws
Council Adopted Policies
Procedures for Commissions,
Committees and Council on
Aging
Student Representative
Electronic Devices at the Dais
Alaska Statutes
T i t l e 2 9 –Municipal Government
Chapter 15.13 –State Election Campaigns
Open Meetings Act
Chapter 44.62.310 –Government
Meetings Public
Chapter 44.62.312 –State Policy
Regarding Meetings
Parliamentary Procedures
Why do we need it?
Essentials
Motion Process
Your Motion Counts
Keep it Positive
Public Comment
Designated on the Agenda
On items of Action by the Body
Questions from the Body
Debate
Members of the Body Only
Limited to the subject of
the Motion
Be Respectful
Address the Issue not the
Person
Motions in Order of Rank
Fix Time in Which to Adjourn
Adjourn
Recess
Raise a Question of Privilege
Call for Orders of the Day
Lay on the Table
Previous Question
Limit or Extend Limits of Debate
Postpone to a Certain Time
Refer to a Committee
Secondary Amendment
Primary Amendment
Postpone Indefinitely
Main Motion
Privileged Motions
Fix the time in which to adjourn
Adjourn
Recess
Questions of Privilege
Call for orders of the day
Point of Order
Appeal the Decision of the Chair
Division of the Question
Suspend the Rules
Misunderstood Motions
Previous Question
“Question”
Postpone to a Time Certain
Table
Postpone Indefinitely
Meeting Etiquette
Basic Etiquette and Courtesy.
Audio/Video Participation.
The Role of the Chair.
The Role of the Commission
Members
Alaska Open Meetings Act
Protects the Publics Right to Know
The government exists to aid in conducing the people’s
business.
Deliberations must be done in public, with limited
exceptions.
Establishes Noticing Requirements
The public must be provided prior knowledge
of the steps occurring in the decision making
process.
Table Discussion
1.You notice two members texting each other at the dais during a meeting
and prior to a vote.
→How would you handle this?
2.As a commission member you want to see a change to the code sections
applicable to your commission.
→How would you go about implementing that change?
3.There is a main motion, a primary motion to amend and a secondary
motion to amend on the floor.
→You want to propose another amendment, is it
allowed?
→What needs to happen before you can propose
your motion?
Conflict of Interest
Voting prohibited if substantial direct or indirect financial interest
Evaluation based on whether:
Financial interest is substantial part of
consideration?
Does financial interest change with outcome of
action?
Is financial interest immediate and certain, or
conjectural and dependent on other factors?
Is it significant monetarily?
Other factors deemed appropriate by Chair
Conflict of Interest -Continued
Always disclose even if you don’t think it is a conflict
prohibiting a vote (attorney and clerk always available
to discuss)
Appearance of Impropriety –Public Trust
Disclose anything public should know prior to voting
Chair decides whether there is a conflict, can be
overridden by body
Griswold v. Homer, 925 P.2d 1015 (Alaska 1996)
Planning Commissioner can not vote on zoning
change to 13 lots, when he owns one of them
Quasi-Judicial Decisions
Commission acting like a judge, deciding rights
of individuals and organizations
Conditional use permits, natural resource extraction permits,
variances, encroachments, marijuana establishments, non
conforming lots, structures and uses…
Parties must be afforded due process
Commission must make decision supported by findings
Commission is not a rubber stamp
Commission should consider recommendation
by Planner, but can disagree
Quasi-Judicial Decisions -Process
Pre -application meeting with Planner
Educates applicant on process
Planner determines application is complete (regardless
of whether Planner supports)
Public Hearing
Applicant must be present in person, or remotely (or
hearing will not go forward)
Staff will make presentation
Applicant will make presentation and has burden of
proof to show criteria are met
Public can provide testimony
Quasi-Judicial Decisions -Deliberations
Commission members can ask question of all
speakers, and should make sure they have all the
information needed prior to closing public hearing
Commission must be able to decide whether all six review
criteria have been met
After close of public hearing Commission deliberations begin
Commission can deliberate in public, adjourn into adjudicatory
session, or postpone decision to a later date (come back the
next day or… to meet to make decision)
Recommend adjourning into adjudicative session if findings
change or conditions added
Quasi-Judicial Decisions -Criteria
Commission must make specific findings in decision addressing
all 6 criteria below
1. Consistent with Zoning Chapter and intent of Zoning
District
2. Economic value of adjoining property and
neighborhood not significantly impaired
3. Use in harmony with comprehensive plan
4. Public services and facilities are adequate
5. Use is not harmful to public safety, health or welfare
6. Any specific conditions deemed necessary to fulfill
other conditions.
Quasi-Judicial Decisions –Misc.
Recommendations of Planner considered, but not
accorded deference.
Public opinion can be considered but is not determinative, any
relevant evidence can be considered.
Decision based on substantial evidence, relevant evidence a
reasonable mind might accept as adequate to support a
conclusion.
Don’t base decision on non-relevant evidence, marijuana is
bad, city doesn’t need another restaurant, would prefer to see
property developed differently…