HomeMy WebLinkAbout2023-12-18 I01F_01 Council Rules of Procedure AmendmentAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: December 18, 2023
AGENDA ITEM:Consideration of approval of a resolution approving amended City of
Waukee Rules of Procedure for Conduct of City Council Business
(December 2023)
FORMAT:Consent Agenda
SYNOPSIS INCLUDING PRO & CON: The Rules of Procedure for Conduct of City Council
Business were last amended in 2019. City staff propose amending the
Rules of Procedure to reflect current practices more accurately. City
staff also propose removing the two addenda (Travel and Training
Policy, Board and Commission Appointment Policy) and establishing
them as separate policies.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
II. City of Waukee Rules of Procedure for Conduct of City Council
Business (December 2023)
PREPARED BY:Becky Schuett
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I1F1
THE CITY OF WAUKEE, IOWA
RESOLUTION 2023-
AMENDING CITY OF WAUKEE RULES OF PROCEDURE FOR CONDUCT OF CITY
COUNCIL BUSINESS (DECEMBER 2023)
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, on December 3, 2001, the Waukee City Council enacted rules and procedures by which
to conduct City Council meeting (Resolution #01-221), with said rules and procedures occasionally
modified and readopted since first being enacted; AND,
WHEREAS, City staff propose amending the Rules of Procedure to more accurately reflect current
practices.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 18th
day of December, 2023, that amendment to the City of Waukee Rules of Procedure and Conduct of
City Council Business (December 2023 version) are hereby approved and adopted.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
City of Waukee
Rules of Procedure
For Conduct of City Council Business
December 2023
Resolution #2023-XXX
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TABLE OF CONTENTS
RULES OF PROCEDURE ................................................................................................................................... 5
QUORUM ....................................................................................................................................................... 5
AGENDA .......................................................................................................................................................... 5
CONDUCT OF BUSINESS .............................................................................................................................. 6
Order of Business ....................................................................................................................................... 6
Special Meeting .......................................................................................................................................... 6
Closed Session ............................................................................................................................................ 7
Electronic Meeting ..................................................................................................................................... 7
Work Session Meeting ............................................................................................................................... 7
CANCELLATION OF MEETINGS ....................................................................................................................... 8
DECORUM DURING COUNCIL MEETINGS ................................................................................................. 8
Requirements ............................................................................................................................................. 8
DUTIES OF PRESIDING OFFICER ................................................................................................................. 8
APPROVAL OF MINUTES ................................................................................................................................. 9
CORRECTION OF MINUTES ......................................................................................................................... 9
RULES OF DEBATE ........................................................................................................................................ 9
Presiding Officer ......................................................................................................................................... 9
Council Member ......................................................................................................................................... 9
ADDRESSING COUNCIL FROM FLOOR ..................................................................................................... 10
Open Forum ............................................................................................................................................. 10
Spokesperson for Group Presentations ................................................................................................... 10
Public Hearings ......................................................................................................................................... 10
PREPARATION OF THE MINUTES ............................................................................................................. 11
Method of Keeping Minutes .................................................................................................................... 11
Remarks of Council Members Entered in Minutes .................................................................................. 11
Delivery of Minutes .................................................................................................................................. 11
PROCESSING COUNCIL MAIL ........................................................................................................................ 11
SPECIAL COMMITTEES ............................................................................................................................... 11
PREPARATION AND REVIEW OF ORDINANCES, RESOLUTIONS AND CONTRACT DOCUMENTS .................. 11
COUNCIL ACTION ....................................................................................................................................... 12
Procedure for Council Action ................................................................................................................... 12
Disqualifications/Abstentions/Conflicts of Interest ................................................................................. 12
Vote Required .......................................................................................................................................... 12
Motion to Reconsider .............................................................................................................................. 13
Motion to Table ........................................................................................................................................ 13
Motion to Postpone ................................................................................................................................. 14
Tie Vote .................................................................................................................................................... 14
INTERPRETATION OF THE RULES OF PROCEDURE ................................................................................. 14
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RULES OF PROCEDURE
The Council approves Robert’s Rules of Order Newly Revised as the guide to parliamentary procedure
(City Council Resolution #04-25). The Council shall also determine the rules of its own proceedings by
resolution, to be known as the Rules of Procedure for Conduct of City Council Business (the “Rules of
Procedure”), and the Clerk shall keep such rules on file for public inspection. Where there is any
discrepancy between the two sets of rules, the Rules of Procedure shall supersede.
QUORUM
Three (3) out of the total five (5) members of the City Council constitute a quorum to do business. When
there is no quorum, the Mayor, Mayor Pro Tem, or any other Council Member shall adjourn the
meeting. If no Council Member is present, the City Clerk shall adjourn the meeting.
AGENDA
All written petitions, communications, and other matters to be submitted to the City Council for
inclusion in the agenda packet for consideration at a scheduled regular, special or work session meeting
should be delivered to the City Clerk no later than 12:00 PM (noon) of the Wednesday prior to any
meeting scheduled to take place on a Monday or Tuesday, or no later than 12:00 PM (noon) two
weekdays prior to any meeting scheduled to take place on any other weekday. The City Administrator, in
consultation with the Mayor, City Council, City Clerk, and department directors will establish the agenda
and the order of the agenda.
The City Administrator, Assistant City Administrator or City Clerk shall compile the agenda, listing all
matters to be considered by the Council according to the order of business, lettering and/or numbering
each item consecutively. A copy of the agenda, complete with all accompanying staff reports and other
background materials, shall be known as the agenda packet. The agenda packet for any regular council
meeting shall be made available on the City website to the Mayor, each Council Member, City Attorney,
City Administrator, Assistant City Administrator, department directors and the public no later than the
Friday preceding the meeting.
The agenda packet for any special or work session council meeting shall be made available on the City
website to the Mayor, each Council Member, City Attorney, City Administrator, Assistant City
Administrator, department directors and the public no later than the business day preceding the
meeting.
It is strongly recommended that questions concerning an agenda item or any supporting documentation
for an agenda item or items be submitted by phone, e-mail or in person to the City Administrator for
research and/or explanation or correction prior to 12:00 PM (noon) on the day of the meeting.
The agenda only, without supporting material, is to be available to the public no later than 24 hours
prior to the scheduled meeting by posting in those locations approved via ordinance and shall be made
available in the Council Chambers during each meeting.
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CONDUCT OF BUSINESS
Order of Business
The recommended order of business for a regular council meeting shall be as follows:
Call to Order
Pledge of Allegiance
Roll Call
Open Forum
Agenda Approval
Monthly Mayor’s Report (on the first regular meeting agenda each month)
Presentations
Public Hearings
Public Hearing Action Items
Consent Agenda:
1.Bill Lists and Payroll
2.Approval of Minutes of prior council meetings
3.Approval of alcohol, cigarette/tobacco/nicotine/vapor license applications
4.Approval of Pay Estimates, Change Orders, Certificates of Completion, Releases of
Retainage (Change Orders that shall increase or decrease the total project contract
amount by $50,000 or more shall be placed under the “Remainder of Agenda”)
5.Setting dates for future public hearings
6.Other business considered by the City Administrator to be simple, routine and non-
controversial
Remainder of Agenda:
1.Ordinances for Adoption
2.Resolutions for Adoption
3.Other Business
Reports
Closed Session (as needed)
Adjournment
The City Administrator, prior to the council meeting, and Mayor shall have the authority to vary from
this recommended schedule to expedite the conduct of business or accommodate persons having
business to be considered by the Council.
Special Meeting
Special meetings will be set by the Mayor, City Administrator, or at the request of three (3) Council
Members.
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Closed Session
(Reference Code of Iowa §21.5)
A closed session may be held only by an affirmative vote of either 2/3 of the entire City Council or all of
the members present at the meeting. The City Council may hold a closed session only to the extent a
closed session is necessary and for the discussion of any statutorily authorized purpose as referenced in
the Code of Iowa §21.5.
The vote of each member on the question of holding the closed session and the reason for holding the
closed session shall be announced publicly at the open session and entered into the minutes. Final
action on any matter will be taken in open session. The detailed minutes and audio recording of a closed
session shall be sealed and shall not be open to public inspection except by order of the court as
described in Code of Iowa §21.5(5). A governmental body shall keep the detailed minutes and audio
recording of any closed session for a period as described in Code of Iowa §21.5(1) and 21.5(5).
Electronic Meeting
(Reference Code of Iowa §21.8)
A governmental body may conduct a meeting by electronic means only in circumstances where such a
meeting in person is impossible or impractical and only if the governmental body complies with all of the
following:
1.The governmental body provides public access to the conversation of the meeting to the
extent reasonably possible. A meeting by electronic means may be conducted without
complying with public access requirements if conducted in accordance with all the
requirements for a closed session contained in Code of Iowa §21.5.
2.The governmental body complies with Code of Iowa §21.4. For the purpose of this paragraph,
the place of the meeting is the place from which the communication originates or where
public access is provided to the conversation.
3.Minutes are kept of the meeting. The minutes shall include a statement explaining why a
meeting in person was impossible or impractical.
Work Session Meeting
The Council may conduct work session meetings or study sessions on matters which are expected to
come before the Council for formal action at a regular meeting or otherwise need study by the Council.
Items to be considered will be placed on an agenda as required by the open meetings statutes.
Council may ask questions and may request that certain information be provided or issues be addressed
when items are considered further at another work session meeting or a regular or special meeting of
the Council. Council may direct that matters under consideration be brought forward for formal action
at a regular or special meeting, that further study be conducted if appropriate, that matters under
consideration not be pursued further (except for matters requiring a public hearing), or that
modifications be made before a matter is considered further.
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Final action on items is not taken during work session or study sessions. No formal vote of the Council in
favor or against any work session or study session agenda item may be taken.
Work sessions are not public hearings. On public hearing items, public testimony will be taken before
Council action on the item at a regular or special meeting. No member of the public or interested party
has the right to make a presentation or address the Council on an item under consideration in a work
session or a study session. Questions may be directed by the Council to a member of the public or
another interested party or, in appropriate circumstances, the Mayor or presiding officer may permit a
brief presentation by a member of the public or another interested party on an agenda item or a
particular question related to an agenda item. The Mayor or presiding officer may limit or end the time
for such response to questions or presentation.
CANCELLATION OF MEETINGS
Every effort shall be made to ensure that meetings are held as posted. However, from time to time,
there may be a need to cancel a regular, special or work session meeting shortly before the meeting
begins or after the meeting has begun. Some possible reasons for cancellation include, but are not
limited to, inclement weather or lack of a quorum. Council meetings may be cancelled if deemed
necessary by the Mayor, Mayor Pro Tem and/or City Administrator. Following such cancellation, the City
Clerk shall inform the public of the cancellation through posting in those locations approved via
ordinance and through the City’s social media platforms.
DECORUM DURING COUNCIL MEETINGS
Requirements
While the Council is in session, all persons shall preserve order and decorum. Any person that refuses to
abide by the rules shall be asked to leave the Council Chambers.
Every member of the public and every Council Member desiring to speak shall address the Mayor or
presiding officer, and upon recognition by the Mayor or presiding officer, shall confine comments to the
question under debate, avoiding all indecorous language and references to personalities and abiding by
the following rules of civil debate:
We may disagree, but we will be respectful of one another.
All comments will be directed to the issue at hand.
Personal attacks will not be tolerated.
DUTIES OF PRESIDING OFFICER
The Mayor (or in the Mayor's absence, the Mayor Pro Tem) shall be the presiding officer of the Council.
In the absence of the Mayor and the Mayor Pro Tem, the City Administrator or City Clerk shall call the
council meeting to order, whereupon a temporary presiding officer shall be elected by the members of
the Council who are present. Upon the arrival of the Mayor or the Mayor Pro Tem, the temporary
presiding officer shall relinquish the chair upon the conclusion of the matter of business before the
Council. The presiding officer shall preserve strict order and decorum at all meetings of the Council,
announce the Council's decisions on all subjects, and decide all questions of order. If there is an appeal
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to a decision of the presiding officer, the Council as a whole shall decide the question by majority vote.
The presiding officer's name shall be called last on any question in voting.
APPROVAL OF MINUTES
The minutes of the preceding council meeting or meetings may be approved without being read aloud,
provided that the City Clerk has previously furnished each member of the Council with a copy of the
minutes and that a majority of the Council has not requested such a reading.
CORRECTION OF MINUTES
When a Council Member wishes to correct the minutes, that Council Member should contact the City
Administrator in advance of the meeting with the correction. Upon verification of an error in the
minutes, the City Administrator will provide the corrections to the Council in advance of the meeting,
immediately prior to the meeting or during the meeting. If time constraints prevent this procedure, the
Council should continue the approval of the minutes to the next meeting and direct the City
Administrator to verify the error.
RULES OF DEBATE
Presiding Officer
The Mayor as presiding officer may debate, but may not make a motion. The major functions of the
Mayor during council sessions are generally to:
1.Call the meeting to order
2.Announce the order of business as provided in the agenda
3.State motions on “the table”
4.Put motions to a vote, when appropriate
5.Generally prevent irrelevant or frivolous debate or discussion
6.Maintain order and decorum
7.Otherwise enforce the Council’s rules and appropriate parliamentary procedures
The Mayor Pro Tem as presiding officer may debate, vote as a regular Council Member and retains all
the powers as a Council Member. The presiding officer is subject to the limitations of debate that are
imposed on all Council Members.
Council Member
Every Council Member desiring to speak shall address the Mayor or presiding officer, and upon
recognition by the Mayor or presiding officer, shall confine comments to the question under debate. A
Council Member, once recognized, shall not be interrupted except according to rules of parliamentary
procedure (e.g., for a point of order, parliamentary inquiry, question of privilege or appeal of Mayor or
presiding officer's procedural ruling).
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ADDRESSING COUNCIL FROM FLOOR
Open Forum
A maximum of twenty (20) minutes will be set aside during Open Forum for members of the public to
address the Council on any item on the agenda other than an item posted as a public hearing, or on any
subject over which the Council has the authority to act. Any persons desiring to address the Council
shall first secure permission from the Mayor or presiding officer by either approaching the podium or
raising their hand. If persons desiring to address the Council are participating by electronic means, those
persons shall secure permission to speak through the methods provided by that electronic means.
Persons addressing the Council will stand at the podium, giving their full name and address in a clear and
audible tone of voice so that his/her/their name may be accurately recorded in the minutes of the
meeting. If a person is physically unable to stand at the podium, reasonable accommodations will be
provided upon request.
All speakers must address the entire Council and will not be permitted to engage in dialogue. Individuals
shall be limited to three (3) minutes speaking time, unless additional time is granted by the Mayor or
presiding officer. A Council Member may object to the extension of time to the speaker by the Mayor or
presiding officer. Such disapproval will be noted and a roll call will be taken on the question. Total
citizen input on any subject under Council consideration can be limited to a fixed period by the Mayor or
presiding officer. A majority vote of the Council may extend the time limitations on this rule.
Individuals may not speak more than once during Open Forum. Preference will be given to individuals
who did not speak at the previous council meeting’s Open Forum. Without the permission of the Mayor
or presiding officer only the Mayor, Council Members and the person addressing the Council shall be
permitted to enter into any discussion.
Spokesperson for Group Presentations
Organized groups that wish to make a presentation longer than the time allowed will be required to
contact the City Administrator prior to the meeting.
Generally, matters presented during the Open Forum which require further investigation or information
shall be referred to the City Administrator. If Council determines that action is required on a subject not
on the current agenda, the item may be placed on a future agenda.
Public Hearings
Interested persons or their authorized representatives may address the Council in regard to public
hearing matters under consideration.
The applicant or appellant presentation, if any, shall be limited to a maximum of 10 minutes; all other
individuals shall be limited to a maximum of 5 minutes.
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After a motion is made and seconded by a Council Member following a public hearing on the matter so
moved, further discussion from the public on this matter will be denied, except upon the request of a
Council Member through the Mayor or presiding officer.
PREPARATION OF THE MINUTES
Method of Keeping Minutes
The minutes of the Council shall be prepared at the direction of the City Clerk and shall be recorded in a
book or file kept for that purpose, with a record of each particular type of business transacted by the
Council set off in paragraphs with subheadings. The minutes must contain only a record of such business
as was actually passed upon by a vote of the Council and shall not be required to contain a verbatim
transcript of the proceedings. A record shall be made of the names of persons addressing the Council,
the subject to which their remarks relate and whether they spoke in support of or in opposition to a
matter.
Remarks of Council Members Entered in Minutes
A Council Member may request, through the Mayor or presiding officer, the privilege of having an
abstract of that member's statements on any subject under consideration by the Council entered in the
minutes. If the Council consents, such statements shall be entered in the minutes.
Delivery of Minutes
The City Clerk shall cause a copy of the minutes to be forwarded to the Mayor and each Council Member
and department director, typically delivered with the agenda packet for the next regular meeting.
PROCESSING COUNCIL MAIL
The Mayor (or designee) is authorized to receive and review all mail generally addressed to the City
Council. All correspondence not requiring Council action will be acted upon between council meetings
and referred to City staff if appropriate. Action taken on these communications will later be reported to
the City Council.
SPECIAL COMMITTEES
Subject to approval of the Council, the Mayor may appoint special advisory or ad hoc committees
consisting of Council Members, City staff and/or private citizens, as deemed desirable and necessary to
assist and advise the City Council in its work.
PREPARATION AND REVIEW OF ORDINANCES, RESOLUTIONS AND CONTRACT DOCUMENTS
Ordinances and resolutions shall be prepared for presentation to the City Council upon the request of
the Mayor, any Council Member, the City Administrator, Assistant City Administrator, department
directors, or through the initiative of the City Attorney.
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All ordinances, resolutions and contract documents to be presented to the Council shall first be
approved as to form and legality by the City Attorney or an authorized representative. When substantive
matters of administration are involved, the ordinance, resolution, or contract shall also be examined for
administration by the City Administrator, the director of the affected department, or an authorized
representative of the City Administrator.
COUNCIL ACTION
(Reference Code of Iowa §380.3, 380.4)
Procedure for Council Action
All Council Members shall vote either electronically or by roll call when called upon to do so by the
Mayor or presiding officer. The results of any electronic vote shall be displayed on monitors in the
Council Chambers and the results of the vote read aloud by the City Administrator, Assistant City
Administrator or City Clerk. Any roll call vote shall be taken in the following order: the Council Member
who made the motion, the Council Member who seconded the motion, then at random. All ordinances,
resolutions and other matters or subjects requiring action by the Council must be introduced and
sponsored by a Council Member, by motion duly made and seconded. Debate shall not be permitted on
a motion until it is seconded. After the vote has been called, there will be no further discussion or
debate, except that members of the Council may be permitted by the Mayor or presiding officer to
explain their votes. All ordinances may be introduced and passed by reading the title only. Ordinances
shall be read in full only when requested by a majority of the Council.
Disqualifications/Abstentions/Conflicts of Interest
All Council Members present at any meeting may disqualify themselves or abstain from voting in the
event of a conflict of interest, in which case the reason for the disqualification or abstention shall be
publicly declared and a record made thereof. A conflict of interest is defined as “a direct relationship or
pecuniary interest in a matter.”
The City Attorney is available to help Council Members decide if they should declare a disqualification or
abstention due to a conflict of interest on any issue.
Vote Required
(Reference Code of Iowa §380.4)
A City Council shall exercise a power only by the passage of a motion, a resolution, an amendment, or an
ordinance. (Code of Iowa §364.3)
a.Ordinances, Amendments and Resolutions
Passage of an ordinance, amendment, or resolution requires a majority vote of all of the
members of the Council unless otherwise required by statute (i.e., passage of a Resolution of
Necessity in final form). A proposed ordinance or amendment must be considered and voted on
for passage at two council meetings prior to the meeting at which it is to be finally passed, unless
this requirement is suspended by a vote of not less than three-fourths of all the members of the
Council. If a proposed ordinance, amendment or resolution fails to receive sufficient votes for
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passage at any consideration, the proposed ordinance, amendment or resolution shall be
considered defeated (Code of Iowa §380.3).
b.Motions
Passage of a motion requires a majority vote of a quorum of the Council.
Pursuant to Code of Iowa §380.4, “all of the members of the Council” refers to all of the seats of the
Council including a vacant seat and a seat where the member is absent, but does not include a seat
where the Council Member declines (abstains) to vote by reason of a conflict of interest. However, if a
Council Member declines (abstains) to vote for any other reason, that Council Member’s seat will be
included in “all of the members of the Council.”
Motion to Reconsider
A motion to reconsider may be made by any Council Member on the prevailing side. The motion
requires a second. It is debatable, if the original action it reconsiders was debatable. The motion
requires a majority vote to adopt and cannot be reconsidered. Only one motion to reconsider an action
of the council is allowed.
Motion to Table
The council meeting agenda is generally modified during a council meeting when voting on the “Agenda
Approval.” A motion to table an agenda item during a council meeting can only be used for a reason of
urgency such as a Council Member or public participant arriving late, or needing to leave early and
requesting an item be moved forward. A motion to table, for a reason of urgency, will only bring
forward the next agenda item. If more than one item needs to be tabled before reaching the item in
question, a motion to table several items at once could be made (i.e., “I move to table Items 8 through
15 in order to proceed with Item 16.”). A motion to table requires a second, is not debatable (the chair
may ask the maker of the motion to state their reason for tabling the motion), is not amendable,
requires a majority vote for passage and, if adopted, cannot be reconsidered. The tabled item(s) may
then be taken from the table by motion, second, and a majority vote as soon as the interrupting issue is
disposed of. A motion to table should not be used to postpone an agenda item, to limit public debate,
or to suppress a minority of the Council.
Items or motions that have been tabled are not automatically placed on the agenda for the next
meeting. If not taken from the table in the meeting at which tabled, there will be a notation made in the
meeting’s minutes that the item(s) or motion(s) have been tabled. Council Members interested in taking
action on a tabled item or motion from the previous meeting must request that the item or motion be
placed on the agenda no later than 12:00 PM (noon) of the Wednesday prior to any meeting scheduled
to take place on a Monday or Tuesday, or no later than 12:00 PM (noon) two weekdays prior to any
meeting scheduled to take place on any other weekday.
If a Council Member wishes to take action on a tabled item or motion during the meeting at which the
item or motion had been tabled, the Council Member must bring back the item or motion by moving to
“take (the item or motion) from the table.” The motion to “take from the table” needs a second, is not
debatable and requires a majority vote. If an item or motion is not taken from the table during the
meeting at which it was tabled or by the close of the next regularly scheduled council meeting, the item
or motion dies.
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Motion to Postpone
Postponing an item or a motion to a specific date and time ensures that the item or motion will be on
the agenda at the adopted date and time. Any item or motion which is to be considered at the next
meeting should be postponed to that meeting rather than tabled.
Tie Vote
When a tie vote occurs, the motion is lost.
INTERPRETATION OF THE RULES OF PROCEDURE
The City Attorney shall be considered the final authority on any questions regarding the application or
interpretation of the rules and procedures. In the absence of the City Attorney, the City Administrator
shall be considered the final authority on the rules of procedure for the conduct of City Council business.