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HomeMy WebLinkAboutRULES OF PROCEDURE FOR ARC " ~. RULES OF PROCEDURE .'."j" For the AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL ADOPTED - July 3, 1996 READOPTED NOVEMBER 18, 2003 " " Section 1.01. Section 1.01.01. Section 1.01.02. Section 1.01.03. Section 1.02. Section 1.03. Section 1.04. Section 1.05. Section 1.06. Section 1.06.01. Section 1.06.02. Section 1.07. Section 1.08. Section 1.08.01. Section 1.08.02. Section 1.09.01. Sect:ion 1.09.02. Section 1.09.03. Sec"Cion 1.09.04 Section 1.09.05 Section 1.10. Section 1.11. Section 2.00. Rules of Procedure Augusca-Richmond Councy Commission-Council Adopted - July 3, 1996 CONTENTS Meetings Regular and Special Meetings Adjourned Meetings Executive Session Meetings Quorum Chairman-Mayor Vice Chairman-Mayor Pro Tempore Absence of Chairman-Mayor and Vice Chairman- Mayor Pro Tempore Minutes Content of Minutes Approval of Minutes Agenda Consent Agenda Voting on Consent Agenda Nonagenda Items Voting Roll Call Vote Voting "en gross" Discussion Following Vote Tie Votes Public Participation In Commission-Council Meetings Appointments by the Commission-Council Decorum of Debate Section 2.01. Section 2.02. Section 2.03. Section 2.04. Section 2.05. Section 2.06. Section 2.07. Section 3.00. Section 3.01. Section 3.01.0l. Section 3.01.02. Section 3.01.03. Section 3.01.04. Section 3.01.05. Section 3.01.06. Section 3.02. Section 3.03. Section 3.04. Section 3.04.01. Section 3.04.02. Section 3.04.03. Section 3.04.04. Section 3.04.05. Sect:ion 3.04.06. Sec"Cion 3.04.07. Section 3.05. " Rules of Proce=== Augusca-Richmond Councy Comm1ssion-Co~ Adopced - July 3. ::~ ' Adherence to Agenda Discussion of the Issue Call =0 Order, Remarks Discussion Through the Chair Disruptions Call to Order, Action Call of "Out of Order" Procedure in Meetings Motions Motions in General Divide the Motion Discuss by paragraphs Withdrawal of motion Considered en Gross "Filling the Blank" Main Motions Ranking of Motions Subsidiary Motions Postpone Indefinitely Amend Refer to a Committee Postpone to a time Certain Limit or Extend Limits of Debate Vote immediately Lay on the Table Privileged Motions '- Rules of Procedure ~ugusca-Richmond County Commission-Council Adopced - July 3. 1996 Question of Privilege Recess ]:l..d j ourn Incidental Motions Appeal Parliamentary Inquiry point of Order point of Information supplementary Main Motions Reconsider Rescind Resume Consideration Actions of the Commission-Council Ordinances and Resolutions Signing, Authentication, and Records publication of Ordinances, Notices, etc. Parliamentarian Parliamentary Authority Amendments Parliamentary Definitions Rules of Procedure Augusca-Richmond Councy Comm~ssion-Council Adopced - July 3, 1996 OPERATIONAL PROCEDURE 1.01 MEETINGS 1.01.01 Regular and special meetings of the Augusta-Richmond County Commission-Council (also referred herein as the Commission- Councilor the Commissioners) shall be, as determined by Ordinance adopted by the Augusta-Richmond County Commission-Council. Except as otherwise provided by law, all meetings of the Commission- Council shall be public meetings. The Clerk shall be responsible for posting notices to the public of the time and place of all meetings of the Commission-Council. No meeting may commence prior to the posted time for said meeting. 1.01.02 An adjourned meeting is a continuation of the meeting immediately preceding, whether a regular or special meeting. l.01.02(a) If a scheduled meeting of the Commission-Council is not completed due to time constraints or emergency, the meeting shall be adjourned to the following day or to a specific day scheduled by the Commission-Council to allow for the completion of pending business. 1.01.02 (b) In, an adjourned meeting (regular or special), only business which would have been proper to consider at the immediately preceding meeting may be considered and acted upon at the adjourned meeting. 1.01.02 (c) Adjourned meetings resume business under the same rules, limitations and rights as the immediately preceding meeting. 1.01.03 Executive session meetings shall be conducted in accordance with the O.C.G.A. ~ 50-14-3 and ~ 50-14-4, or as these sections may be amended from time to time. 1.02 QUORUM 1.02.01 Seven (7) members of the Commission-Council shall constitute a quorum fer any meeting of t~e Augusta-Richmond County Commission-Council. 1.02.02 I f a quorum not present thirty (30) minutes following 1 Rules of Procedure Augusca-R1chmond Councy Commission-Council Adopced - July 3, :996 the scheduled hour for convening the meeting, the Chairman-Mayor or the Vice Chairman-Mayor Pro Tempore, or in their absence, the Administrator (or his/her designee), may adjourn the meeting until the next day. By unanimous consent of those Commissioners present, the meeting may be adjourned to another hour and day. 1.02.03 If during the meeting there ceases to be a quorum, all business must stop except that the Commission-Council, by majority vote to be recorded in the minutes (naming those present at the time of the vote) may: 1.02.03 (a) fix another day at which to reconvene; 1.02.03 (b) adjourn and return at the next regular meeting; 1.02.03 (c) recess to determine if a quorum will be present within a short period of time. 1.03 CHAIRMAN-MAYOR 1.03.01 The Chairman-Mayor shall have the rights and privileges of the other Commissioners with respect to debate, but shall have the right (but is not obliged) to vote on any matter (excluding appointment of any Commissioner to a committee and excluding voting as a member of any Committee as provided in the Consolidation Act) only to break a tie or to create a tie. Additionally, his/her duties during meetings shall include: 1.03.01(a) Commission-Council; presiding over meet:ings of the 1.03.01(b) calling the meeting to order at the scheduled hour; 1.03.01(c) determining that a quorum is present; 1.03.01 (d) preserving decorum and order at all meetings, 1.03.01(e) making the Commissioners aware of the substance of each mo"Cioni 1.03.01(f) calling for each votei 1.03.01(g) announcing the results of each votei 1.03.01(h) calling for a recess at such times as 2 Rules of Procedure ~ugusca-Richmond Ccuncy Commission-Counc1l Adopced - July 3, 1996 deemed advisable. 1.03.02 The Chairman-Mayor shall exercise such other duties as prescribed in Consolidation Act or by ordinance. 1.04 VICE CHAIRMAN-MAYOR PRO TEMPORE A Vice Chairman-Mayor Pro Tempore shall be elected from among the district Commissioners at the first meeting in January of each year as provided in the Consolidation Act. The Vice Chairman-Mayor Pro Tempore shall serve for a period of one year and shall have all rights, privileges and duties of the chair in the absence of the chair (excluding the right to vote to create or break a tie), and in addition shall have the right to make motions and vote on any issue, including matters coming before any Committee of which he is a member. The Vice Chairman-Mayor Pro Tempore may succeed himself/herself, subject to the two consecutive term limitation contained in the Consolidation Act. 1.05 ABSENCE OF CHAIRMAN-MAYOR AND VICE CHAIRMAN-MAYOR PRO TEMPORE In the absence of the Chairman-Mayor and Vice Chairman-Mayor Pro Tempore, the Administrator shall determine whether a quorum is present. If a quorum is present, the Administrator shall call for the election of a temporary chair. The temporary chair shall preside over that meeting or until the conclusion of the business immediately pending at the time the Chairman-Mayor or Vice Chairman-Mayor Pro Tempore arrives. 1.06 MINUTES 1.06.01 All actions of the Commission-Council, except for actions described In O.C.G.A. ~ 50-14-3 and ~ 50-14-4, (or as these sections may be amended from time to time), shall be accurately recorded by the Clerk (or his/her designee) in the minutes which minutes shall include: 1.06.01(a) all main motions, exactly as worded when adopted (including amendmencs or stipulations); motions; 1.06.01(b) the name of the maker of all important 1.06.01(c) disposition of all main motions, whe"Cher 3 Rules of Procedure Augusca-Ric~mond Councy Commission-Council Adopced - July J, 1996 l.06.01(c) (1) adopted; 1.06.01(c) (2) defeated; 1.06.01(c) (3) referred to committee or to s~aff for further information or recommendations; l.06.01(c) (4) held until a definite time; and 1.06.01(c) (5) the vote of each Commissioner; 1.06.01(c) (6) comments of Commissioners v.erbatim. 1.06 :02 The responsibility for correcting and approving the minutes shall be vested only in the members of the Commission- Council. The minutes of each meeting shall indicate their subsequent approval/correction. The minutes may be' corrected whenever an error is noticed upon approval of the Commission- Council regardless of the time which has elapsed since recording,of the minutes. 1.06.03 The minutes shall be attested to by the Clerk or his/her designee. 1.07 AGENDA 1.07.01 The Administrator shall be responsible for obtaining all documentation related to any item to be placed on the agenda and shall submit same to the Clerk to include on the agenda for all meetings of the Commission-Council. 1. 07 ~ 02 Any Commissioner or department head wlsnlng to have an item placed on an agenda should submit said item to the Administra- tor no later than 5:00 p.m. on the Wednesday prior to the Tuesday of the regular Commission-Council meeting or any regular Committee meeting. No item may be added to an agenda without the consent of the Chairman-Mayor or the chairman of the committee responsible for such department; provided, however, any member of the Commission- Council shall have the right to have an item placed on the agenda for discussion or action if timely submitted as herein provided. 1.07.03 The Clerk shall be responsible for assembling the agenda and distributing it to all Commissioners no la"Cer than Friday in - -. h - -, . ' aC7ance o~ t~e sc.eCllLea mee"Clng. :.07.04 .~ item may be removed from the agenda after 5:00 p.m. on 4 Rules of Procedure Augusca-Richmond Councy Commission-Council Adopced - July 3, 1996 the Wednesday prior to the Tuesday of the regular Commission- Council meeting wi"Ch unanimous approval of the members of the Commission-Council attending the regular meeting. 1.07.05 An item may be removed from the agenda prior to 5:00 p.m. on the Wednesday prior to the Tuesday of the regular Commission- Council meeting upon the request of the commissioner, department head, or other individual party who was responsible for placing the item on the agenda. 1.08 CONSENT AGENDA 1.08.01 All items contained in the consent agenda may be voted on en gross. Prior to the vote on the consent agenda, any Commis- sioner may withdraw an item from the consent agenda so that it shall, be voted on individually. 1.08.02 A non-agenda item shall be defined as that which is deemed by a Commissioner to require urgent attention, but which has not been placed on the published agenda. 1.08.02 (a) If a Commissioner requests that an item be added to the agenda, he/she must provide the specific item, and the reasons immediate a"Ctention is required, to the Commission- Council. 1.08.02 (b) The unanimous consent of the Commissioners present at the meeting shall be required to add an item to the agenda. 1.09 VOTING 1.09.01 All votes shall be taken by raised hand, except those which the chair handles through unanimous consent (i.e., "If there are no obj ec"Cions . . "), and unless there is a request for a roll- call vote. A single objection will require that a counted vote be take:l.. An. affirmative vote of at least six (6) members of the Commission-Council shall be required to adopt a motion, except where otherwise indicated. 1.09.02 Any Commissioner shall have the right to request a roll call vote on any issue, in which event the chair shall direct the Clerk to call the yell in alphabetical order, except that the Chairman-Mayor's name shall be called last and only when his vote will create or break a tie. As each Commissioner's name is called, such Commissioner shall vote either "yes" or "no" to the question 5 Rules of Procedure Augusca-Ricnmond Councy Comm1ssion-Council Adopced - July 3, 1996 presented. To verify the vote and to correct possible errors, the Clerk repeats the vote after~each member responds to his name. At the conclusion of the roll call, the Chairman-Mayor can ask if anyone entered the ro6m after his name was called. Changes of the vote are also permitted before the result is announced. 1.09.03 When an eritire agenda "tab" has been moved to be voted upon by an en gross vote (see Section 3.01.05 herein), a Commissioner may, without discussion state that he/she is voting in the affirmative on all of the agenda items on that "tab" except certain ones which he/she will name by number. In such cases, the votes of the Commissioner(s) will be recorded as negative for the items named, unless the Commissioner abstains as provided in S~ction 1.09.06. 1.09.04 If a motion has been voted on without discussion and a Commissioner feels that it is necessary to explain his/her vote, he/she may have no more than one minute to give public reasons for his/her vote. The chair will not allow the Commissioner to repeat discussion that has already taken place at the same meeting, however. 1.09.05 A tie vote shall cause all procedural motions to be defeated. A tie vote on a main motion shall keep the motion as pending before the Commission-Council and the motion shall be rescheduled for another time; Provided, however, the Chairman-Mayor shall have the right to vote to create or break a tie. 1.10 PUBLIC MEETINGS PARTICIPATION IN COMMISSION-COUNCIL 1.10.01 Persons wishing to address the Commission-Council shall do so during the Public Comment portion of the agenda. 1.10.02 Speakers will be allowed to appear before the Commission- Council at the public comment session prior to the regular agenda with each speaker allotted a maximum of five (5) minutes for their presentation. 1.10.03 Each speaker his/her address, which Clerk's office no preceding the next meeting. must submit a request in will state the topic of later than 5:00 p.m. regularly scheduled writing, including discussion, to the on the Wednesday Commission-Council 1.3..0.04 Jl...n ex"Cension of the five (5) mlnu"C.e limit per person may be gran"C.ed upon the affirma"Cive vote of six (6) members of the Commission-Council. 6 Rules of Procedure Augusca-Richmond Councy Comm1ssion-Council Adopced - July 3, 1996 1.10.05 If deemed advisable by the Chairman-Mayor, a written response to a speaker maybe provided by the appropriate County staff within thirty (30) days. The Commission-Council may respond verbally at the completion of any speaker's presentation. 1.10.06 After each individual speaker's remarks have concluded, the Chairman-Mayor may, but shall not be required to, briefly respond, either personally or through another member, of, the Commission-Council whom the Chairman-Mayor shall designate. In addition, when a request for special action or a grievance has been heard the matter will be referred to the Administrator (or his/her designee) who will prepare a response to the matter. If necessary, action on the matter for consideration of the Commission-Council will be placed on the agenda for the second regular meeting following the date of the comment. 1.10.07 No speaker will be allowed to return on public comment on the same issue within a period of ninety ( 90 ) days; however a speaJ:<:er may return on another issue following the policy and procedure. 1.10.08 All speakers, other than salaried members of the Augusta- Richmond County staff, shall address the Commission-Council in the. following manner: 1.l0.08(a) Stating name and address (address is required only if individual has not previously provided address to Clerk) . 1.10.08(b) Stating whether he/she is speaking for himself/herself or for another; 1.10.08(c) Stating if he/she represents an organization and whether he/she is being compensated by the organization for whom he/she speaks;; 1.10.08(d) Stating whether he/she or any member of his/her immediate family has a personal interest in the pending matter. 1.10.08(e) Stating his/her comments. 1.10.09 All remarks shall be to the Commission-Council as a body and addressed through the chair. Remarks shall not be made to a particular Commissioner. 1.10.10 Questic~s from Commissioners, the Administrator, and/or the Augusta-Richmond Count:y Attorney may be made for clarification. However, no person shall be permitted to enter ineo any discussion, 7 ~ules of Procedure Augusca-Richmond Councy Commission-Council Adopced - July 3, 1996 either directly or through a member of the Commission-Council, without permission of the chair. 1.10.11 All remarks musc be related to the issue on which the speaker has reques"Ced to be heard. No person shall be allowed to make impertinent:, derogatory, offensive or slanderous remarks while addressing the Commission-Council. 1.10.11 (a) A person may be barred from further speaking before the Commission-Council in that meeting if his/her conduct is deemed "out of order"; 1.10.11 (b) Once barred for improper conduct, a speaker shall not be permitted to continue or again address the Commission-Council in that meeting unless a majority vote of the Commission-Council allows; 1.10.11 (c) In the event a speaker who is barred fails for improper conduct to obey the ruling, the chair may take such action as is deemed appropriate, including the removal of such person from the assembly; 1.10.11(d) The Commission-Council may bar a person from addressing Commission-Council meetings for up to sixty (60) days for improper conduct. A person barred by the Commission-Council for this period may request a hearing by written request to the chair, which request shall state the reason(s) for a reversal of the decision. All requests for hearings shall be placed on the agenda and heard by the Commission-Council. An affirmative vote of six (6) members of the Commission-Council shall be required to overturn the previous decision to' bar the persons. 1.10.11 (e) If not otherwise recognized by the Chair, upon motion and the affirmative vote of six (6) members of the Commission-Council, the Commission-Council may allow public comment on an agenda item, ac the time the item is being considered by the Commission-Council. These comments must be limited to the subject that is being debat:ed. Members of the public ~ay speak for five minutes and may only speak once. These limits can be waived by the affirmacive vote of six (6) members of the Commission-Council. 1.10.11 (f) The Commission-Council may schedule public hearings for the purpose of soliciting public comment on any subject of interest to the Commission-Council. Hearings may be held immediace~y prior co :Jr :::lllowing a mee"Cing of the Commission- Cou~cil or at such ocher ~laces and times as the Commission-Council may det:ermine. No official action shall be caken at any such public hearing. 8 Rules of Procedure Augusca-Richmond Councy Commission-Council Adopced - July 3, 1996 1.11 APPOINTMENTS BY THE COMMISSION-COUNCIL 1.11.01 Appointments shall be made as necessary.. When it is has been determined, by the Consolidation Act or other rule or manner, that it is the II right II or II turn II of a particular Commissioner to nominate a candidate for a position, such nominee must be elected by "a majority Df the Commission-Council. If any nominee, howev~r nominated, fails to receive a majority vote, alternate candidate(s) may be nominated until the position is filled by majority vote. 9 ,. Rules of Procedure Augusca-Richmond C=uncy Comm1ssion-Council Adopced - July 3, 1996 2.00 DECORUM OF DEBATE The following practices shall be followed in debate on motions and matters presented to the Commission-Council. 2.01 ADHERENCE TO AGENDA 2.01.D1 In discussion, the remarks made by the Commissioners shall be confined to the motion or matters immediately before the Commission-Council. 2-: 01. 02 All Commissioners must conduct themselves in a profes- sional and respectful manner. All remarks should be directed to the Chairman-Mayor and not to individual Commissioners, staff or citizens in attendance. Personal remarks are inappropriate. A Commissioner may noc speak at a meeting until he has been recognized by the Chairman-Mayor. All comments made by a Commissioner shall address the motion that is being discussed. 2.01.03 During these remarks a Commissioner must observe the same rules of decorum as those set forth in Section 2.02 below, and may be called to order by the Chairman-Mayor or another Commissioner if there is a breach of those rules. 2.01.04 A Commissioner may not interrogate another Commissioner, staff or citizens. No one shall attempt to enter into discussion with a Commissioner who has chosen to avail himself/herself of this opportunity to share his/her opinions with the public. 2.02 DISCUSSION OF THE ISSUE. In discussion, a Commissioner may condemn the nature of likely consequences of the proposed measure in strong terms, but must avoid a discussion of personalities, and under no circumstances may he/she a"Ctack or auestion the motives of another Commissioner or staff. The issu~, and not' a person, shall be the item under discussion. .~~y Commissioner wishing to discuss an issue shall be allowed to do so; ho~ever, discussion of any particular issue by any parcicular Commissioner shall be limited to two (2) minutes of discussion and one (1) minute of rebuttal, unless debate is extended by the chair or by motion as provided in Section 3.04.05 hereof. 2.03 CALL TO ORDER, REMARKS 10 ~ Rules of ?rocedure Augusca-Richmond Councy Commission-Council Adopced - July 3, 1996 The chair shall immediately call as "out of order" any remarks made outside the issue being addressed. Additionally, another Commissioner may call this breach of procedure to the attention of the chair and other Commissioners. In either case, the speaking Commissioner shall be required to continue with his/her remarks confined to the issue. 2.04 DISCUSSION THROUGH THE CHAIR All discussion shall be made through the chair, and one Commis- sioner may not interrogate another Commissioner or person speaking from the public except through the chair (or with the permission of the chair) . 2.05 DISRUPTIONS During discussion or voting, no Commissioner shall disturb the other Commissioners in any way that may be considered disruptive to the proceedings or that may hamper the transaction of business by the Commission-Council. 2.06 CALL TO ORDER, ACTION The chair may rule as "out of order" any action deemed inappropri- ate or dilatory and may interrupt a speaker for reasons deemed necessary by the chair. The Chairman-Mayor shall say, "Commis- sioner / sneaker. those remarks are out of order. Please cease this line of comment and make aDDronriate comment to the issue. 2.07 CALL OF "OUT OF ORDERII 2.07.01 If a member of the Commission-Council refuses to comply with these Rules of Procedure the following procedure shall be used: order" by 2.07.01 (a) The Commissioner shall be "called to the chair, who shall say, "Commissioner [using name], you are now out of order. If a repri:::a'r:d \vill be entered into the record." you persis"C 2.07.01 (b) If a Commissioner defies the ruling of the chair, ::':le Chai::::-::lan-Mayor shall state, "Commissioner, you are 11 Rules of procedure- ~ugusca-Richmond Councy Commiss1on-Council Adopced - July 3, 1996 personally out of order. Let the record indicate a reprimand against Commissioner Commissioner, you have a right at this time to appeal the ruling of the chair by asking that a roll call vote of the Commissioners presenc be taken and a statemeht by each Commissioner be recorded as to why he/she is for or against the ruling of , the chair. A majority vote of the members of the Commission-Council present shall govern. II 12 Rules of ?rocedure Augusca-Richmond County Commission-Council Adopced - July 3, 1996 3.00 PROCEDURE IN MEETINGS 3.01 MOTIONS 3.01.01 In order for the Commission-Council to take any official act:ion on any subj ect, a Commissioner must propose a Main Motion or there must be an Recommended Main Motion, as provided in Section 3.01.02(a). A proposed Main Motion must be seconded before there will be discussion on the motion. A second does not -require ,the Commissioner seconding the motion to support the motion. A Commissioner may withdraw a Main Motion that he has made as provided in Section 3.01.04 hereof, at any time before the Commission-Council has voted on that motion. Prior to taking a vote, the chair shall state the motion (or resolution) or its substance, or he/she may call upon the Clerk or secretary to do so. 3.01.02 If the motion presented contains two (2) or more parts capable of standing as separate motions, a Commissioner may move to "Divide the Motion." This motion shall require a second and discussion shall be allowed only on why it should or should not be divided. A majority vote shall be required to adopt the motion to "divide the motion." 3.01.03 If a main motion is in the form of a. resolution or document containing several paragraphs or sections which are not separate motions but could be discussed more efficiently if discussed in sections, a motion to Discuss by Paragraphs, Sections; or Numbered Agenda Items under a II tab, II may be made. A second shall be required and discussion shall be brief as to the necessity for the action. A maj ori t:y vote shall be required to "consider by' paragraphs, sections, or numbered agenda items under a 'tab'." 3.01.04 Once a motion has been moved and seconded, it belongs to the entire Commission-Council and not to the maker of the motion; therefore, if a Commissioner wishes to Withdraw a motion that is officially before the Commission-Council, action of the Commission- Council must be taken in either of the following ways: 3.01.04(a) The chair may ask the Commission- Council if there are any o~jections to the motion being withdrawn. If there are no obj ections, the motion shall be withdrawn by unanimous cor.sent, wi"Chout the need for the seconder to withdraw his/her second; 3.01.04(b) If there is an objection to the motion being withdrawn, then the chair shall take an official vote on the "motion to withdraw the motion", a second being required, A 13 Rules of Procedure Augusta-Richmond Ccuncy Comm~ssion-Council .'Idopced - July 3, 1996 majority vote shall be required to adopt the motion to "withdraw the motion. 11 3.01.05 If a Commissioner feels that time could be saved by acting on all of the agenda items under a "tab," he/she may, move that it be "Considered en Gross." (See Section 1-.08.02.) 3.01.06 When several alternatives need to be considered staff recommendations that propose various options Commission-Council to consider), unlimited choices considered by "~illing the Blank" in the motion: (such as for the may be 3.01.06(a) No Commissioner may suggest more than one proposal for filling the blank without unanimous consent from the other Commissioners; 3.01.06 (b) Each proposal shall be debatable and shall be treated as an independent item to be voted on separately until one has been approved by a majority. As soon as one proposal has received a majority, no others shall be considered; 3.01.06(c) Alternatives (from staff recommenda- tions and/or suggestions by Commissioners) are listed in logical order for voting: 3.01.06(c) (1) Names are listed in the order in which they were proposed, 3.01.06(c) (2) Other proposals are listed in the order of their probable acceptability, beginning with the least popular choice. 3.02 MAIN MOTIONS 3.02 .01 A main motion is, a motion whose introduction brings business before the Commission-Council. 3.02.01 (a) Recommended Main Motions- -A recommenda- t ion from st:.aI I, or anot:her item published in the agenda for action, shall be handled as an Recommended Main Motion by the chair. That is, the chair shall, upon the conclusion of a report, state, "The question (or motion) before you is. ,,( stating the motion in the affirmative). No second will be required in these instances and the chair, in assuming such motion, is not presumed to be in favor of the motion and may speak against it if he/she so w~snes. 14 Rules of Procedure Augusca-Richmond Councy Commission-Council Adopted - July 3. 1996 3.03 RANKING OF MOTIONS 3.03.01 Each subsidiary and privileged motion is assigned a specific rank. A motion of higher precedence can interrupt motion of lower precedence. The higher motion must be decided before the Commiss~on-Council returns to consider the motion' of lower precedence. 3.03.02 A main motion has the lowest rank and does not take precedence over any other motion. A motion to adj ourn has the highest rank and will take precedence over all other subsidiary and privileged motions. The order of precedence of motions shall be in accordance with this Section. Motions at the top of the following list take precedence over motions at the bottom of the list. HIGHEST RANK: PRIVILEGED MOTIONS (Undebatable), 1. Adjourn 2. Recess 3. Question of Privilege SUBSIDIARY MOTIONS (Undebatable) 4. Lay on the Table (Postpone Temporarily) 5. Vote Immediately (Previous Question) 6. Limit Debate or Extend SUBSIDIARY MOTIONS (Debatable) 7. Postpone to a Time Certain (Postpone Definitely) 8. Refer to Committee (Commit) 9 . Amend 10. Postpone Indefinitely OTHER MOTIONS LOWEST R.l4..NK: 11. Main Motion 3.04 SUBSIDIARY MOTIONS During the course of debate, Commissioners may introduce motions that propose that the Commission-Council take a particular action on a main motion. These motions are called subsidiary motions and they allco'l the Commission-Council to reach a conclusion on the main motion. Subsidiary motions require a second before they can be voted on or debated. Three subsidiary motion, Amend, Limit Debate, and Vote Immediately, also can apply to other 3ubsidiary motions. 15 Ruies of Procedure Augusca-Ricnmond Cauncy Comm1ssion-Council Adopced - July 3. :996 3.04.01 POSTPONE INDEFINITELY. If a Commissioner believes that the main mot:ion should noc be considered by the Commission-Council, that Commissioner may move to postpone the consideration of the main motion indefinitely. If the motion is successful, consider- ation of the main mocion stops and the main motion is tabled for the duration of the meeting. A motion to postpone indefinicely can be debated, but it can be amended. A majority vote of the Commission-Council is required for the motion to pass. 3.04.02 AMEND. Tf a Commissioner believes that a main motion that is on the table should be changed in order to make it more acceptable, he can move to amend the motion. Amendments must be closely related to the original motion and must not change the nature of the motion that they amend. Motions to refer, amend, postpone to a time certain and the motion to recess can also be amended. A motion cannot be amended more than two times. Debate is allowed on a motion to amend only if the original motion is debatable. Debate is limited to the proposed amendment. A majority vote is required for the Commission-Council to adopt an amendment. If the amendment is adopted then the Commission-Council shall consider the amended version of the motion. Concerning the amending of particular motions: 3.04.02 (a) If a Commissioner feels that the main motion might be more acceptable stated other than as presented, the Commissioner may amend through substitution, insertion of stipulations, striking out portions, or striking out and inserting portions. A substitute motion shall be treated., as a motion to amend. Such proposed amendments shall .be handled in one of the following ways: Commissioners; the chair, may suggest objections fyom the unanimous consent. 3.04.02 (a) (1) by unanimous consent of the chair, or another Commissioner, through the changes or stipulations, and if there are no Commissioners, the motion shall be amended by 3.04.02 (a) (2) with a second, discussion and a majority vote on the proposed amendment. 3.04.02 (b) If a proposed amendment fails to obtain unanimous consent or a majority-vote, the main motion considered shall be the one originally presented. 3.04.02 (c) An amendment: ~usc be geymane (relating to the subscance of the main mor.ion) and may not introduce an independent question. 16 Rules of Procedure Augusca-Richmond Councy Commission-Council Adopced - July 3, 1996 3.04.02(d) Improper amendments shall be: 3.04.02(d) (1) one(s) which are not germane, 3.04.02(d) (2) one(s) which would make the adoption of the amended motion equivalent to a rej~ction of the motion; 3.04.02 (d) (3) one (s) which are, in the opinion of the Chairman-Mayor, frivolous or absurd. 3.04.03 REFER TO A COMMITTEE (COMMIT) . If a Commissioner believes that further information is needed before the Commission-Council can act on a main motion, he may propose that the motion be referred to a specific committee or department for further study. If an appropriate committee does not already exist, then a committee may be formed as a part of the motion. A motion to commit should specify the date that the committee or department will report back to the Commission-Council. A motion to refer shall require a second and ~hall be debatable only as to whether or not it shall be referred, to whom it shall be referred, or when the person to whom it is referred shall report back. If the motion fails, the motion to be considered shall be that motion which was on the floor prior to the mot'ion to refer. This motion is amendable. A majority vote is required for the motion to pass. 3.04.04 POSTPONE TO A TIME CERTAIN (POSTPONE DEFINITELY) . A motion to postpone to a certain time may be proposed if a Commissioner believes that the main motion should not be considered 'until a' future time. This motion shall set a particular time for the main motion to be considered again. It is debatable and can be amended. A motion to hold to a time certain shall require a second and discussion shall be limited to the reason for holding the motion or the time to which it is to be held. If the motion fails, the motion to be considered shall be that motion which was on the floor prior to the motion to hold to a time certain. If this motion is passed, the Chairman-Mayor will bring the original motion back to the Commission-Council for considerat.ion at the specified time which may be at t~e same meeting, at a subsequent meeting, or upon the occurrence of a specified event. A majority vote of the Commission- Council is required for the motion to pass. 3.04.05 LIMIT OR EXTEND LIMITS OF DEBATE. A motion to limit debat.e, places a time constraint on the length of debate. The det.ails of suc~ a mo"Cion are co be decided by the Commissioner who makes the mot-ion. This motion can also be used to extend the limits of debate if a limit. on debate already exists. Debate is not allowed on chis mo"Cion. A majority vote of the Commission-Council 17 Rules of Procedure Augusca-Richmond Councy Comm1ssion-Council Adopced - July], 1996 is required for the motion to pass. 3.04 .06 'VOTE IMMEDIATELY (CALL THE QUESTION). A Commissioner may move to "call the questionll (i. e. I move to end discussion) when it is clear that further discussion is unnecessary or that discussion is becoming repetitive. This motion shall not require a second and no discussion on the motion shall be allowed. If there is no objection, then it will be presumed there is unanimous consent. Should there be an objection, an affirmative vote of a majority of the Commission-Council shall be required. 3.04.07 LAY ON THE TABLE (POSTPONE TEMPORARILY). A motion to lay on the table proposes that the consideration of a main motion be Rostponed until a later time in the same meeting. The main motion can be brought back for consideration only if a motion to Resume Consideration is accepted by the Commission-Council during the same meeting. The motion will die if it is not taken up during the meeting. Debate is not allowed on this motion and the motion is not amendable. A majority vote of the Commission-Council is required for the motion to pass. 3.05 PRIVILEGED MOTIONS Privileged motions facilitate the running of the meeting. They do not address or relate to a main motion and can be introduced whether or not there is a main motion under consideration. Privileged motions take precedence over all subsidiary motions. Debate is not allowed on these motions. 3.05.01 QUESTION OF PRIVILEGE. A formal question addressed to the chai~ concerning the rights of a Commissioner or of the Commission- Council as a whole is referred to a quest:ion of privilege. It does not require a second and cannot be debated or amended. The chair is required to make a ruling on the question, and no vote is required unless a motion arises out of the privilege. 3.05.01(a) If any matters occur which impede the Commission's completion of its business (e.g., noise, mechanical difficulties with equipment, matters that affect the safety, orderliness. or comfort: of the Commissioners, or affecting the honor of an individual Commissioner) any Commissioner may state to the Chairman-Mayor that: he/she has a question of privilege and the matter must- be addressed before the pending business, of the Commission-Council con"Cinues. 3.05.02 RECESS. A mo"Cion to recess proposes that t:he meeting be suspended for a part:icular amoun"C of t:ime when business is still pending. It is a temporary intermission of the proceedings. A 18 Rules of Procedure Augusca-Richmond Councy Commission-Council , Adopced - July 3, :996 recess may be taken as it appears on the agenda or as it is declared by the chair when he/she deems it advisable or by a motion from a Commissioner. The motion must specify the length of the recess. The motion must also be seconded. Debate is not allowed on this motion, but the motion can be amended. A majority vote is required for the motion to pass. ' 3.05.03 ADJOURN. The highest ranking motion shall be the motion to adjourn, requiring a second and a majority vote with no discussion allowed, except that the motion shall contain a time to hear any non-completed items on the agenda, if such exi~t. If all business on the agenda has been completed, the chair may assume the motion and, without a second, obtain unanimous consent to adjourn. 3.06 INCIDENTAL MOTIONS Incidental motions allow Commissioners to exert their rights as a member of the Commission-Council. Incidental motions can be introduced at any time during a meeting. 3.06.01 APPEAL. Whenever a Commissioner believes that the chair is mistaken in a ruling, a Commissioner may Appeal the Chair's Decision. An appeal shall require a second and shall be debatable with the chair speaking first to explain his/her ruling. The chair may also close out the debate with a statement defending the ruling. An appeal may be made only on a ruling and may not be made: 3.06.01(a) in response to a parliamentary inquiry or point of information; or 3.06.01(b) in areas that challenge verifiable rulings of a factual nature. 3.06.01(c) The chair shall state the motion as' Shall the Chair's decision be sustained? A tie vote shall sustain the chair, because a majority vote of the Commission-Council shall be required to overturn the chair's ruling. An Appeal is high in precedence and can only be interrupted bya privileged motion or by a motion to lay on the table. 3.06.02 PARLIAMENTARY INQUIRY. A Parliamentary Inquiry is a question directed to the chair to obtain information on a matter of 'parliamentary law or the rules of the Commission-Council. This question should take t~e form of a parliamentary inquiry and should relate to the current business of the Commission-Council. The chair will answer such ques"Cions or may ask the Augusta-Richmond County lo.t torney or parliamentarian for an opinion. The chair's reply, whether or not he/she has requested advice from the Augusta- 19 Rules of Procedure ~ugusca-Richmond Councy Comm1ssion-Council Adopced - July 3, 1996 Richmond County Attorney or parliamentarian, is an opinion, not a ruling. If a Commissioner does not agree with the chair's opinions he/she may act in a way contrary to this opinion and if ruled out of order may then appeal the, chair's ruling. The chair is not obligated to respond to hypot:hetical questions. 3.06.03 POINT OF ORDER (Question of Order). If a Commissioner believes that a violation of the rules of parliamentary procedure has occurred, he can raise a point of, order. A second is not required. The chair can make a ruling on the question or can allow the Commission-Council to debate and then rule on the question by maj ority vote. A point of order can only be interrupted by a privileged motion or by a motion to lay on the table. 3.06.04 POINT OF INFORMATION (Request for Information). If a Commissioner has a question about the 'facts of a particular issue that ,is being considered, he may ask a point of information. A Point of Information isa request, directed to or through the chair, for information relevant to the business at hand, but not related to parliamentary procedure. This motion is addressed first t.o the to the appropriate person. A second is not required, and the moti6n is not debatable or amendable. 3.07 SUPPLEMENTARY MAIN MOTIONS Three motions allow the Commission-Council to act on a main motion that has either been passed or tabled by the Commission-Council. These motions are considered to be main motions but differ from usual main motions in the ways specified. 3.07.01 RECONSIDER. The motion to reconsider allows the Commission-Council to debate whether or not to overturn a decision made at the meeting that is in progress. It allows the Commission- Council to consider new information that may affect the decision that has already been made. Any Commissioner can make a motion to rec~psider and any Commissioner may second the motion. The motion 'is debatable, but it can not be amended. A majority vote of the Commission-Council is required for the motion to pass. If a motion to reconsider is passed, the original decision will be voided, and the Commission-Council will return to debate and revote the original motion. 3.07.02 RESCIND. A motion to rescind proposes that the Commission-Council overturn a motion passed at a previous meeting. A motion to rescind can be made by any Commissioner. It is in order as long as ~hi original motion has not been implemen"Ced, but the motion to rescind s~all ~ot be i2 order if: 3.07.02(a) the motion to resci~j is made, at the 20 Rules of Procedure Augusca-Richmond Councy Commiss1on-Council Adopced - July 3, 1996 same meeting in which the action was taken; 3.07.02(b) a motion to reconsider was taken and lost; 3.07.02(c) the matter i~ routine and only part of the action needs to be changed, in which case the motion to "amend a previously adopted action" shall be used; 3.07.02(d) something has been done as a result of the vote to implement the earlier action adopted. An announcement of the intention to rescind a motion may be made at the meeting where the decision was made, or the Commissioner seeking to rescind may place the matter on the agenda for the next meeting. The motion to rescind will then be placed on the agenda for the next meeting. At the next meeting, the motion to rescind will formally be made. If it is seconded, then the Commission- Council shall debate and vote on recision. A majority vote of the Commission-Council is required for the motion to pass. If 'a motion to rescind ~s passed, the original decision~will be voided. 3.07.03 RESUME CONSIDERATION. The mot:on to resume consideration allows the Commission-Council to consi~er a motion that has been temporarily postponed. This motion requires a second and is not debatable or amendable. It is a main motion but ranks higher than any debatable motion. A majority vote is required for the motion to pass. 21 Rules of Procedure rtucusta-Richmcnd County Commission-Council - Adopced - July 3, 1996 4.00 ACTIONS OF THE COMMISSION-COUNCIL 4.01 ORDINANCES AND RESOLUTIONS 4.01.01 Every ordinance or resolution proposed for adoption by the Commission-Council shall be introduced in writing. No ordinance or resolution shall pass which refers to more than one subject matter or contains matter different from that expressed in the title thereof, except ordinances or resolutions adopting the annual operating and capital budgets and general codification and revisions of ordinances and resolutions of the Commission-Council. 4.01.02 Except for emergency ordinances under subsection 4.01.03 of this section or ordinances amending the Zoning Map for Augusta'- Richmond County, or upon. a unanimous vote of the Commission- Council, no ordinance shall be adopted until it has been read or presented in written form at two meetings held not less than one week apart. A resolution may be adopted at the same meeting at which it is introduced. The affirmative vote of at least six (6) members of the Commission-Council shall be required for the adoption of any ordinance or resolution; Provided, however, a vote of two-thirds of the Commission-Council, excluding the Chairman- Mayor, shall be required to change any provision of the Consolida- tion Act which conflict with existing or future state or federal laws, as required by said Consolidation Act. The passage of all ordinances or resolutions shall require the recording of "ayes" and "nays" and the names of the members of the Commission-Council voting for and against each proposed ordinance or resolution or amendment thereto shall be entered in the minutes of the proceedings of the Commission-Council. 4.01.03 To meet a public emergency threatening life, health, property, or public peace, the Commission-Council may adopt emergency ordinances or resolutions, but such ordinances or resolutions may not be enacted to le~J taxes, or to grant, renew or extend a franchise, or to regulate the rate charged for any public utility or service, or to authorize the borrowing of money. An emergency ordinance or resolution shall be in the form prescribed for ordinances or resolutions generally, except that it shall be plainly designated as an emergency ordinance or resolution and shall contain a declaration stating what emergency exists. An emergency ordinance or resolution may be adopted with or without amendment or may ce rej ected o.L.. the meeting at which it is introduced, cu~ the affirmative vote of at least six (6) members of ~he CommissiGn-Counci::" shall be required for its adoption. It shall become effective upon adoption or at such later time as it 22 Rules of Procedure Augusca-~ichmond C~uncy Commission-Council Adopced - July 3, 1996 may specify. 4.01.04 The caption of each ora~nance shall be read once 'previous to the adoption of the o~dinance. All readings of every ordinance shall be by reading the caption of such ordinance only, unless some member of the Commission-Council shall then and there demand that the entire ordinance be read. Upon such demand being made, the clerk shall read the entire ordinance. 4.02 SIGNING, AUTHENTICATION,' AND RECORDING 4.02.01 Every ordinance or resolution adopted by the Commission- Council shall be submitted to the Chairman-Mayor for his/her signature as promptly as practicable following its adoption. The Clerk of the Commission-Council shall authenticate by theClerk~s signature and cause to be recorded in full all ordinances and resolutions adopted by the Commission-Council and signed by the Chairman-Mayor or otherwise becoming law in a properly indexed book kept for such purpose which shall be a public record and open to public inspection. The Commission-Council shall further provide for the periodic updating, revision, codification, and printing of all ordinances or resolutions of a general and permanent nature, together with such codes of technical regulations and other rules and regulations as the Commission-Council may require: 4.03 PUBLICATION OF ORDINANCES, NOTICES, ETC. It shall be the duty of the Chairman-Mayor to have published in the official gazette or newspaper of Augusta-Richmond County the ordinances of the Commission-Council, the proclamations of the Chairman-Mayor and all other official notices of either the Commission-Councilor the Chairman-Mayor ordered to be published by them, respectively; also, such other matters as the Chairman-Mayor may deem advisable to publish. The ordinances of the Commission- Council shall be published one time; all other matters shall be published such number of times as the Commission-Councilor the Chairman-Mayor may direct. The Chairman-Mayor shall have published in such official gazette or newspaper only the captions of the ordinances of the Commission-Council and shall not have the bodies of such ordinances published." 23 , Rules of Procedure Augusca-Richmond Cauncy Commiss1on-Council Adopced - July 3, 1996 5.00 PARLIAMENTARIAN 5.01 The Augusta-Richmond County Attorney or his/her designee shall serve as parliamentarian and shall advise and assist the chair and the Commission-Council ih matters of parliamentary law. A professional parliamentarian may be consulted as deemed necessary. 6.00 PARLIAMENTARY AUTHORITY 6.01 The latest edition of ROBERT'S RULES OF ORDER NEWLY REVISED shall govern meetings of the Augusta-Richmond County Commission- Council in all areas in which it is applicable and in which it is not inconsist:ent with these rules adopted by the Commissioners, or with higher law. 7.00 AMENDMENTS 7.01 These Rules may be amended by a majority of the entire Commission-Council at a regular meeting or special meeting of the Augusta-Richmond County Commission-Council, provided notice has been given of the amendment(s) at the meeting prior to the vote on the amendment(s). 24 rtules oi Procedure Augusca-Richmond Councy Commission-Council Adopced - July 3, 1996 APPENDIX Parliamentary Definitions The following parliamentary definitions apply to the RULES OF PROCEDURE FOR THE Augusta-Richmond County Commission- Council adjourn - to officially terminate a meeting adjourned meeting - .a meeting that is a continuation at a later time of .a regular or special meeting adopt - to approve or pass by whatever vote is required for the motion affirmative vote - a vote in favor of the motion as stated agenda - the official list of items of business planned for consideration during the meeting approval of minutes - formal acceptance of the record at a meeting, thus making this record the official minutes of the Commission-Council chair - the Chairman-Mayor or Vice Chairman-Mayor Pro Tempore Code of Conduct' - The Richmond County Code of Conduct Commission-Council - the Augusta-Richmond County Commission- Council Commissioner - any of the ten members serving on the Commission- Council elected from the ten (10) districts established by the Consolidation Act Commission-Council parliamentary rules - the body of rules and 25 Rules of Procedure Augusca-Richmond Councy Commission-Council Adopced - July 3, 1996 principles that is applied by the courts in deciding litigation involving the procedure of any organization does not include statutory law or particular rules adopted by any organization or Commission-Council Consolidation Act - the Act consolidating the City Council of Augusta and Richmond County found in 1995 Ga. Laws p. 3648' convene - to open a meeting debate - formal discussion of a motion under the rules of parliamentary law and more often herein referred to as discussion defer or hold - to delay action by referring the motion to staff (or an agency, committee, etc.) for more information, or by postponing a vote to a certain time demand - an assertion of a parliamentary right by a Commissioner dilatory motions or tactics - misuse of procedures or motions that are out of order or would delay or prevent progress in a meeting floor - when a person receives formal recognition from the chair, he/she "has the floor" . and is the only person entitled to speak germane amendment - an amendment relating directly to the motion ~o which it is applied germane discussion - discussion relating directly to the matter involved hearing - a meeting for the purpose of listening to the views of an individual or of a particular group on a particular subject in order - permissible and right from a parliamentary standpoint 26 (- Rules of Procedure Augusta-Richmond Councy Commission-Council Adopced - July 3, 1996 majority vote - an affirmation vote of at least six (6) Commis- sioners or the vote of five (5) Commissioners and the vote of the chairman-Mayor in the event of a tie minutes - the legal record of the action of the Commission- Council after the record has been approved by vote of the body motion - a proposal submitted to the Commission-Council for its consideration and decision; it is introduced by the words, "I move that. " objection - the formal expression of opposition to a proposed action ,order of business - the adopted order in which the business is presented to the meeting of the Commission-Council out of order - not correct, from a parliamentary standpoint, at the particular time parliamentary authority - the code of procedure adopted by the Commission-council as its parliamentary guide, governing in all parliamentary situations not otherwise provided for in the Consolidation Act, the Code of Richmond County, the Code of the City of Augusta, or other governing bodies pending motion - sometimes referred to as pending question; a motion that has been proposed and stated by the chair for the Commission-Council's consideration and that is awaiting decision by vote precedence - "Che order or priority governing the motion precedent - a course of action that may serve as a guide or' rule 27 Rules of Procedure Augusca-Richmond Councy Commission-Council Adopced - July 3, 1996 for future similar situation procedural motion - motion to assist the Commission-Council ~n treating or disposing of a main motion; or, motion relating to the pending business otherwise at hand proposal or p~oposition - a statement of a motion of any kind for consideration and action O.C.G.A. - Official Code of Georgia Annotated - quorum _ the number of persons that must be present at a meeting of the Commission-Council to enable it to act legally on business; seven (7) members of the Commission-Council shall constitute a quorum for any meeting of the Richmond of the Augusta-Richmond County Commission-Council recognitions - acknowledgement by the chair, giving a person sole right to speak reconsider - to review aga~n a matter previously disposed of and to vote on it again; must be made on the same day of business request - a statement to the chair asking a question or some "right" rescind - to nullify or cancel out a previous action; cannot be made if ac"Cion has already been taken to implemenc the motion i"C wishes to rescind resolution - a formal motion, usua~_y in writing, and introduced by the word "resolved" 'c.hac is presented to the Commission- Co~ncil fer a decision ruling _ t~e c~air's decision as it relates co the procedure of 28 Rules of Procedure AugusCa-Richmond Councy Commission-Council Adopced - July 3, 1996 the Commission-Council second - a Commissioner's statement that he/she is willing to have the motion considered seriatim - consideration by sections or paragraphs statute - a law passed by the Georgia legislature technical inquiry - request for information relevant to the business at hand tie vote - a vote in which the affirmative and negative votes are equal on a motion unanimous consent - deciding on a motion without voting on it but where no Commissioner voices objection, ,with a single objection a vote must be taken unfinished business - any business that is postponed definitely to a time certain C;\WPDOCS\CONSOLID\PROCEDUR.ARC CERTIFICATION: I Lena J. Bonner, Clerk of Commission, hereby certify that the this is a true and correct copy of the Rules and Procedures for the Augusta Richmond County Commission-Council adopted by ARCCC July 3, 1996 and readopted ,by the Commission on November 18, 2003. dJ~f}'~ C erk of 0 l.ssion 311t I O~ 29