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HomeMy WebLinkAboutOrdinance No. 3338-2023KENAI CITY OF KENAI ORDINANCE NO. 3338-2023 Sponsored by: City Clerk AN ORDINANCE AMENDING KENAI MUNICIPAL CODE CHAPTER 1.15 - RULES OF ORDER, TO ALLOW APPROVAL OF THE AGENDA AND CONSENT AGENDA IN ONE MOTION, REMOVE SECTIONS THAT MAY CONFLICT WITH THE STATE OF ALASKA OPEN MEETINGS ACT, AND REMOVE ANY RULES THAT ARE STANDARD RULES AS ESTABLISHED IN ROBERTS RULES OF ORDER. WHEREAS, Kenai Municipal Code establishes rules for conducting the legislative business of the City; and, WHEREAS, it is a best practice to review the rules adopted by the City Council to ensure they align with the needs of the City, do not conflict with another rule adopted by the City Council and are not duplicated; and, WHEREAS, the proposed amendments would remove items that conflict with or are duplicated within another adopted rule or law. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of Section of Kenai Municipal Code. Chapter 1.15: That Kenai Municipal Code, Chapter 1.15 Rules of Order, is hereby amended as follows: Chapter 1.15 Rules of Order 1.16.010 Presiding officer. (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 during temporary absence or disability of the Mayor and Vice Mayor, and may vote on questions before the Council. 1.15.030 Public meetings. All meetings of the Council shall be open to the public, and all actions of the Council shall be taken in public meetings except as otherwise provided by another provision of law. [HOWEVER, THE MEMBERS OF New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3338-2023 Page 2 of 9 THE COUNCIL SITTING AS THE COMMITTEE OF THE WHOLE AND ANY OTHER COMMITTEE OF THE COUNCIL MAY HOLD PRIVATE MEETINGS, AS PROVIDED BY THE CITY CHARTER, SECTION 2-6. THE COUNCIL, BY A VOTE OF FIVE (5) MEMBERS, MAY RESOLVE ITSELF INTO PRIVATE COMMITTEE OF THE WHOLE BY ADOPTING A MOTION THAT THE COUNCIL RESOLVE ITSELF INTO PRIVATE COMMITTEE OF THE WHOLE; AND THE MAYOR OR ANY FOUR (4) COUNCIL MEMBERS MAY CALL A MEETING OF THE PRIVATE COMMITTEE OF THE WHOLE WHEN THE COUNCIL IS NOT IN SESSION. (KC 1-10)] 1.15.040 Agenda. (a) The Mayor or other Council Member, City Clerk, City Attorney, or City Manager may sponsor an ordinance for introduction or a resolution for adoption, and such ordinance or resolution shall be placed on the agenda of the regular Council meeting requested by the sponsor. (b) The Mayor or other Council Member, City Clerk, City Attorney, or City Manager may request that a discussion item be placed on the agenda of a regular Council meeting, and such discussion item shall be placed on the agenda of the regular Council meeting requested by the sponsor. (c) A member of the public may request that a matter be placed on the agenda as a "Scheduled Public Comment." subject to policies and procedures adopted under subsection 0) of this section. Being placed on the "Scheduled Public Comment" [AGENDA ON THE "SCHEDULED PUBLIC COMMENT"] portion of the agenda does not limit or restrict the requester's ability to speak on a different subject for which public comment is allowed. (d) A sponsor, all co-sponsors, proposer or requester may request that an item be removed from the agenda before the agenda is published under the policies and procedures adopted under subsection 0) of this section and such item shall be removed from the agenda, unless the item has been carried over or postponed from a previous agenda. (e) The City Clerk shall prepare the agenda for each Council meeting after consultation with the Mayor and City Manager, subject to subsections (a) through (d) of this section. A draft agenda shall be. circulated to the Mayor and other Council Members and the City Manager. (f) Notice for each Council meeting shall be given to the public under policies and procedures adopted under subsection Q) of this section. Additional public notice of meetings may be given by other means as required by code or at the direction of Council. (g) A meeting packet containing the agenda, all legislative items, and supporting documentation for all agenda items shall be distributed to the Mayor, Council Members, and the City Manager. (h) The City Clerk shall cause a copy of the meeting packet to be posted on the City's website and to be provided to the Kenai Community Library, in order to be made available for public viewing under policies and procedures adopted under subsection 0) of this section. The City Clerk shall cause a paper copy or electronic copy of the meeting packet to be provided to any member of the public, or to any organization, upon request under policies and procedures adopted under subsection 0) of this section. At least one (1) paper copy of the meeting packet shall be made available to the public at the meeting. (i) The City Clerk shall provide paper copies of any late materials to the Mayor, each Council Member, City Manager, and City Attorney. The City Clerk shall also make paper copies of late materials available to the public at the meeting. (j) The administration shall develop policies and procedures to implement this section, subject to review and approval of Council by resolution or ordinance. (k) Failure to comply with the above policies and procedures or with any administrative policies will not invalidate any ordinance or Council action as long as there was a good faith effort at compliance by the City Clerk. 1.16.060 Order of business. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3338-2023 Page 3of9 (a) The order of business for every regular meeting of the City Council shall be outlined on an agenda. (b) The following shall be the order of business at the regular meetings of the City Council: (1) Call to Order: pledge of allegiance, roll call, and approval of the agenda and consent agenda [ APPROVAL] (public comment shall be permitted on items included on the consent agenda); (2) Scheduled Administrative Reports Scheduled Public Comment; ([3] 4) Unscheduled Public Comment; ([4] 5) Public Hearings; ([5] 6) Minutes of Previous Meetings; ([6] 7) Unfinished Business; ([7] 8) New Business; ([8] 9) Commission and Committee Reports; ([9] 10) Report of the Mayor; ([10] 11) Reports from Administration; ([11] 12) Additional Public Comment: citizen comments and Council Member comments; ([12] 13) Executive Session (when applicable); ([13] 14) Pending Legislation; and ([14] 15) Adjournment. (c) Those items on the agenda that are considered routine by the City Manager and the City Clerk shall be identified by an asterisk (or similar notation) next to the item as listed on the agenda and thereby included under that portion of the agenda entitled "Consent Agenda." [UNLESS A COUNCIL MEMBER REQUESTS THAT AN ITEM ON THE CONSENT AGENDA BE CONSIDERED UNDER THE REGULAR MEETING AGENDA, AND THUS REMOVED FROM THE CONSENT AGENDA, ITEMS LISTED AS PART OF THE CONSENT AGENDA SHALL BE CONSIDERED, INTRODUCED, ADOPTED, ACCEPTED, ETC., AS APPROPRIATE FOR THE ITEM LISTED ON THE AGENDA, BY MOTION OF THE COUNCIL AND ROLL CALL VOTE UNDER "CALL TO ORDER, CONSENT AGENDA APPROVAL." THOSE ITEMS APPROVED UNDER THE CONSENT AGENDA SHALL APPEAR IN THE COUNCIL MINUTES AS IF ACTED UPON INDIVIDUALLY. THE COUNCIL SHALL CONSIDER AN ITEM REMOVED FROM THE CONSENT AGENDA IN ITS PROPER NUMERICAL ORDER AS INDICATED ON THE REGULAR AGENDA.] M The Consent Agenda will be set at the time of the approval of the agenda and a single vote will approve both the agenda and consent agenda. At the time of consideration of the consent agenda, items may be added by the unanimous consent of the Council and any item may be removed by the objection of a single member of the Council. Items removed from the Consent Agenda will be addressed in their proper numerical order of the regular a enda unless otherwise set by the Council. Adoption of the Consent Agenda will constitute approval of all items on the Consent Agenda by the Council. (d) If the Council desires to transact business out of its regular order, it may do so upon approval of a motion to suspend the rules, which motion must be approved by a two-thirds vote of the Council members in attendance. [IN THE ALTERNATIVE, AS EACH AGENDA ITEM COMES UP, A MAJORITY OF THE COUNCIL CAN AT ONCE LAY IT ON THE TABLE AND THUS REACH ANY QUESTION WHICH IT DESIRES TO DISPOSE OF FIRST.] New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3338-2023 Page 4of9 (e) The City Clerk shall maintain a list of tabled and pending items. [THIS LIST SHALL BE STRICKEN AT THE END OF THE MEETING AT WHICH THE CERTIFICATION OF A REGULAR ELECTION OF ANY COUNCIL MEMBER TAKES PLACE.] (f) The administration may develop policies and procedures to implement this section, subject to review and approval of Council. (g) Failure to comply with the above policies and procedures or with any administrative policies will not invalidate any ordinance. resolution or other Council action as long as there was a good faith effort at compliance by the City Clerk. 1.15.060 Motions. [(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]a) No appeal from any decision of the Chair 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 AT ANY TIME DURING THE MEETING.] ([d]b) Any member may make a point of order without a second at any time. The Chair 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 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 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 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]c) 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 and adequate public notice is provided before the matter is reconsidered. ([H]d) 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]e) 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. [(J) 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. 3338-2023 Page 5 of 9 ([K]f) All motions shall require a second, unless otherwise provided. [(L) ANY MEMBER MAY REQUIRE THE DIVISION OF A QUESTION WHEN EACH PART IS CAPABLE OF STANDING ALONE.] [(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 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 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]g) 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. 1.15.070 Ordinances —Procedure in passing. (a) Every ordinance shall be introduced in writing and the title 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. (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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3338-2023 Page 6 of 9 (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 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 person's 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] the title 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. 1.15.080 Resolutions. (a) Every resolution shall be introduced in writing and the title shall be orally read before any vote for passage hereof is taken. (b) On any vote for passage of a resolution, all persons interested who appear shall be given an opportunity to be heard. After such hearing, the Council may finally pass such resolution with or without amendments. First reading of any resolution shall be final and no further passage shall be required. After final passage, every resolution shall be [POSTED IN FULL] published by posting the title on the Council bulletin board. Every resolution, unless it shall specify a later date, shall become effective upon final passage. 1.15.090 Ordinances and resolutions. Oral reading in full of an ordinance or resolution maybe requested by any member of the Council present [BE WAIVED BY UNANIMOUS CONSENT OF ALL COUNCIL MEMBERS PRESENT, BUT IN SUCH CASE THE ORDINANCE OR RESOLUTION SHALL BE READ BY TITLE]. 1.15.100 Speaking. (a) A member about to speak shall respectfully address the Chair, and shall not commence to speak until recognized by the Chair. When two (2) or more members request to speak at the same time, the Chair 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 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. 1.15.110 Voting. (a) The Chair shall declare all votes; but, if any member doubts a vote, the Chair, 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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3338-2023 Page 7 of 9 (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 has a [IS PECUNIARILY] pecuniary interest[ED] 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. 1.16.120 Rules of order. (a) A proposed amendment to, or repeal of, any rule in this chapter shall be submitted in writing as a nonemergency ordinance, and may be passed in the same manner as other nonemergency ordinances. (b) The most current edition of Robert's Rules of Order Newly Revised 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 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 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. 1.15.130 Remote electronic participation. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3338-2023 Page 8 of 9 (a) A member of the Council may participate via electronic means in a Council meeting, if the member declares that circumstances prevent physical attendance at the meeting. If the Mayor chooses to participate via electronic means, the Vice -Mayor or president pro tempore shall preside. (b) No more than the first three (3) members to contact the Clerk regarding remote electronic participation in a particular meeting may participate via electronic means at any one (1) meeting unless it is a special meeting called to consider an emergency action, in which case all members may participate via remote electronic participation. (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 remote electronic means. Such notification shall state the reason for remote electronic participation and, if needed, 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 remote electronic participation. The Clerk shall notify all Council members of the request. (d) At the meeting, the Clerk shall establish the appropriate connection when the call to order is imminent. (e) A member participating by remote electronic means shall be counted as present for purposes of discussion, voting, constituting a quorum and attendance. (f) The member participating by remote electronic means shall make every effort to participate in the entire meeting. From time to time during the meeting, the presiding officer shall confirm the connection, if necessary. (g) The member participating by remote electronic means may ask to be recognized by the Chair to the same extent as any other member. (h) To the extent reasonably practicable, the Clerk shall provide backup materials to members participating by remote electronic means at the member's expense. (i) If the remote electronic 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. Q) Meeting times shall be expressed in Alaska Time regardless of the time at the location of any member participating by remote electronic means. (k) Participation by remote electronic means shall be allowed for regular, special and work session meetings of the Council. (1) Remarks by members participating by remote electronic means 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, "electronic means" means any system for synchronous two (2) or more way voice and/or virtual 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 remote electronic means during the twelve (12) month period starting November 1 st 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 remote electronic means during a twelve (12) month period starting November 1 st 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 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3338-2023 Page 9 of 9 (p) A Council member may attend an additional two (2) meetings by remote electronic means 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. (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. Section 2. 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 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 15T" DAY OF MARCH, 2023. ATTEST: is ell IVIMC, City Clerk Y 4 _ Brian Gabriel Sr., Mayor Introduced: March 1, 2023 Enacted: March 15, 2023 Effective: April 14, 2023 New Text Underlined; [DELETED TEXT BRACKETED] City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1 907.283.7535 1 www.lcenaixity MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: February 22, 2023 SUBJECT: Ordinance No. 3338-2023 - Amending Kenai Municipal Code Chapter 1.15 - Agencies, Officers and Employees - Rules of Order to Allow Approval of the Agenda and Consent Agenda in One Motion, Remove Sections that May Conflict with the State of Alaska Open Meetings Act (AS 44.62.310-.312), and Remove any Rules that are Standard Rules as Established in Roberts Rules of Order. Kenai Municipal Code (KMC) 1.15 establishes rules for conducting City business. Many of the existing rules within KMC 1.15 are standard rules established within Roberts Rules of Order or within a Policy adopted by the City Council. Having one rule located in one place is effective in managing how City business is conducted according to those rules, and may prevent two rules affecting the same action to create a conflict with one another. The proposed changes to KMC 1.15 would: • The amendment to KMC 1.15.030 would remove language that conflicts with the state of Alaska Open Meetings Act (OMA). (AS 44.62.310-312) OMA requires governmental meetings to be noticed and open to the public. It further defines a meeting as a gathering of the members when more than three members or a majority of the members a present and a matter upon which the governmental body is empowered to act on is considered by the members collectively. OMA defines governmental bodies as councils, boards, commission, committees and any other similar body of public entity; and is applicable to general law and home rule municipalities. • The amendment to KMC 1.15.040 (c) clarifies when a matter may be placed on the agenda by a member of the public and at which time that matter will be taken. • The amendment to KMC 1.15.050 (b) adds a place on the agenda for "Scheduled Administrative Reports" this addition will provide a place on the agenda for reports from individuals who are providing a direct service (contractual or otherwise) to the City and are reporting on those services. • The amendment to KMC 1.15.050 (c) will combine the approval the agenda and consent agenda into one single motion. This will not change the process, it only changes the number of motions being made. • The amendment to KMC 1.15.050 (d) removes language related to tabling items. The current language within code is a standard rule within Roberts Rules of Order. • The amendment to KMC 1.15.050 (e) removes language regarding pending legislation being stricken. Roberts Rules of Order establishes that items fall to the floor at the close of a session; for the City Council a session ends when there is a change in the body (certification of an election). The new session begins at the meeting following certification. • The amendment to KMC 1.15.050 (g) expands the items that may not be invalidated, to include other items that are regularly acted on by the City Council. • The amendments deleting paragraphs a, c, j, I, m and n from KMC 1.15.060, removes language that are standard rules within Roberts Rules of Order. • The amendment to KMC 1.15.060 (e), would remove the current City practice related to calling the question, "Question". One of the purposes of Roberts Rules of Order is to establish the rule of the majority while respecting/hearing the voice of the minority. Allowing one person to call the question does not support that purpose. Roberts Rules of order requires that the member has the floor before make the motion "Question", it then requires a second and a majority vote of the body to call the question. • The amendment to KMC 1.15.070 reflect the current practice that the titles are read and posted. • The amendments to KMC 1.15.080 reflect the current practice that the titles are read and posted. • The amendment to KMC 1.15.090 reflects the current practice regarding reading in full of an ordinance or resolution. Page 2 of 2 The City of Kenai I www kenaixity