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ORD 2007-05 - Rules of Procedure Amend CC Rules of Procedure 02-06-2007ORDINANCE NO. 2007 -05 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE RULES AND PROCEDURES FOR THE CITY OF HUNTSVILLE CITY COUNCIL; MAKING VARIOUS OTHER FINDS AND PROVISIONS RELATED THERETO; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 4.08 of the City Charter of the City of Huntsville states that "The Council shall by ordinance determine its own rules and order of business"; and WHEREAS, City Council adopted Rules of Procedure by Ordinance 2004 -21 on November 9, 2004 and amended on January 17, 2006; NOW, THEREFORE, be it ordained by the City Council of the City of Huntsville, Texas, that: Section l: The Rules and Procedures for the City Council of the City of Huntsville are hereby amended as Exhibit 1. Section 2: This Ordinance shall take effect immediately upon its passage by the City Council PASSED AND APPROVED on this the 6th day of February, 2007. CITY OF HUNTSVILLE, TEXAS LE ATT , ST: e�J anna Welter, City Secretary APPROVED AS TO FORM: Thomas A. LeeX4 Cit Attorney CITY COUNCIL RULES OF PROCEDURE CITY OF HUNTSVILLE, TEXAS As Adopted by Ordinance No. 2004 -21 Effective November 9, 2004 Amended January 17, 2006 Amended February 6, 2007 TABLE OF CONTENTS Section1— GENERAL ...................................................... ............................... I Section 2 — AUTHORITY 2.1. City Charter Requirements ............................................. ............................... l 2.2. Conflicts between the Charter and the Code .......................... ..............................1 2.3. Primary Reference ........................................................ ..............................1 Section 3 - Sessions 3.1. Regular Sessions ......................................................... ............................... 1 3.2. Special Sessions .......................................................... ............................... l 3.3. Workshop Sessions ..................................................... ............................... 1 3.4. Executive Sessions ...................................................... ............................... l 3.5. Public Hearings ............................................................ ..............................2 3.6 Town Hall-Meetings ...................................................... ..............................2 3.7. Public Notice ............................................................... ..............................2 3.8. Quorum ..................................................................... ..............................2 3.9. City Manager Participation ......................................... ............................... 2 3.10. City Attorney Participation ......................................... ............................... 2 3.11. City Secretary Participation ........................................... ..............................2 3.12. City Department Head Participation .................................. ..............................2 3.13. Agenda .................................................................. ............................... 3 3.14. Minutes ................................................................. ............................... 3 3.15. Attendance by the Public ............................................. ............................... 3 Section 4 - STANDARDS OF CONDUCT 4.1. City Councilmembers .................................................. ............................... 4 4.2. City Staff .................................................................. ..............................4 4.3. Citizens and Visitors ..................................................... ..............................5 4.4. Enforcement ............................................................... ..............................5 Section 5 - DUTIES AND PRIVILEGES OF COUNCILMEMBERS 5.1. Seating Arrangement ..................................................... ..............................6 5.2. Right of Floor ............................................................. ..............................6 5.3. Conflict of Interest ...................................................... ............................... 6 5.4. Right to Appeal .......................................................... ............................... 6 5.5. Voting ...................................................................... ..............................6 5.6. Demand for Roll Call .................................................... ..............................6 5.7. Personal Privilege ......................................................... ..............................6 5.8. Dissents and Protests ................................................... ............................... 6 5.9. Excusal from Attendance ................................................ ..............................7 5.10. Excusal During Meetings .............................................. ..............................7 Rules of Procedure ii 2/06/2007 City of Huntsville, Texas Section 6 - CHAIR AND DUTIES 6.1. Chair ........................................................................ ..............................7 6.2. Call to Order ............................................................... ..............................7 6.3. Preservation of Order ................................................... ............................... 7 6.4. Questions to be Stated ................................................... ..............................7 6.5. Call for Recess ............................................................ ..............................7 Section 7 - ORDER OF BUSINESS 7.1. Regular and Special Sessions ........................................... ..............................7 7.2. Workshop and Executive Sessions ................................... ............................... 8 7.3. Public Hearings ........................................................... ..............................8 7.4. Town Hall Meetings .................................................... ............................... 8 7.5. Addressing the City Council ............................................. ..............................9 7.6. Adjournment ............................................................... ..............................1 1 Section 8 — RULES OF ORDER 8.1. General .................................................................... .............................11 General .................................................................... 8.2. Authority of the Chair ................................................. ............................... 11 8.3. Obtaining the Floor .................................................... ............................... 11 8.4. Council Deliberation and Order of Speakers ....................... ............................... 11 8.5. Length of Comments .................................................... .............................12 9.4. 8.6. Limit Deliberation to Item at Hand .................................... .............................12 .............................15 8.7. Motions ................................................................. ............................... 12 8.8. Procedures for Motions ............................................... ............................... 12 8.9. Order of Precedence for Motions ...................................... .............................13 8.10. Amendments to Motions .............................................. .............................13 8.11. Motion to Continue .................................................. ............................... 13 8.12. Motion to Remove ................................................... ............................... 13 8.13. Motion to Table ......................................................... .............................13 8.14. Motion to Refer ......................................................... .............................13 8.15. Motion to Lay on the Table ........................................... .............................13 8.16. Motion to Take from the Table ....................................... .............................13 8.17. Withdrawal of Motion ................................................. .............................13 8.18. Motion for Reconsideration.... .................................................................... 13 8.19. Motion to Close Debate ............................................. ............................... 14 Section 9 — VOTING RULES 9.1. General .................................................................... .............................14 9.2. Abstentions ................................................................ .............................14 9.3. Tie Votes ................................................................ ............................... 14 9.4. Voting Standards ......................................................... .............................15 Section 10 - CITY COUNCIL COMMITTEES 10.1. Committees Established ............................................... .............................15 10.2. Appointment ............................................................. .............................15 10.3. Committee Meetings ................................................ ............................... 15 Rules of Procedure iii 2/06/2007 City of Huntsville, Texas 10.4. Ad Hoc Committees .................................................... .............................16 10.5. Agenda and Information ............................................ ............................... 16 Section 11 - RULES SUSPENSION, AMENDMENT, ANNUAL REVIEW 11.1. Suspension of Rules .................................................... .............................16 11.2. Amendment of Rules ................................................ ............................... 16 11.3. Annual Review of Rules ............................................ ............................... 16 Section 12 — ADMINISTRATIVE SUPPORT TO COUNCILMEMBERS 12.1. Mail and E- mail ...................................................... ............................... 17 12.2. Clerical Support ...................................................... ............................... 17 12.3. Master Calendar ...................................................... ............................... 17 12.4. Requests for Research or Information ............................. ............................... 18 12.5. Notification of Significant Activities or Events ................. ............................... 18 Annexes: A — Fundamental Principles of Parliamentary Law .................... ............................... A B — Glossary of Parliamentary Terms ...................................... ..............................B C — Chief Purposes of Motions ............................................ ............................... C D — Parliamentary Strategy ................................................. ............................... D E — Principle Rules Governing Motions ............. ........... .......................................... E Rules of Procedure iv 2/06/2007 City of Huntsville, Texas Section I — GENERAL Parliamentary law and the rules of procedure derived from such law are essential to all deliberative organizations so that they may consider all matters before them in an effective and efficient manner and produce results that are legal and binding. Moreover, such procedural safeguards ensure due process during deliberations among members of the organization while at the same time protecting the rights of both the group and each member. Accordingly, these rules of procedure establish guidelines to be followed by all persons attending city council meetings, including members of the city council, administrative staff, news media, citizens and visitors. Section 2 — AUTHORITY 2.1 The City Charter of Huntsville, Texas [Adopted: September 28, 1968; Amended: January 21, 1992; and Amended May 15, 2004] provides in Article IV (The Council), Section 4.08 (Rule of Procedure) that: "The Council shall by ordinance determine its own rules and order of business. Thus, these rules of procedure are established. 2.2 In the event of any conflict between the City Charter and these rules of procedure, the City Charter shall prevail. 2.3 The primary reference for the development of these rules of procedure is The Standard Code of Parliamentary Procedure, 4"' Edition by Alice Sturgis. Section 3 — SESSIONS 3.1. Regular Sessions. The city council shall conduct regular sessions generally on the first (Is') and third Q d) Tuesdays of each month. All regular sessions shall normally be scheduled to begin at 6:00 p.m. at City Hall and are open to the public. 3.2. Special Sessions. In accordance with Section 4.07 (Meetings of the Council) of the City Charter, "special meetings may be called at any time by the Mayor, the City Manager, or by a majority of the councilmembers qualified and serving by giving notice to the City Secretary who shall in turn give notice of such special meetings to all members of the Council at least seventy -two (72) hours prior to such meeting. Provided, however, any member of the Council may either before or after such meetings waive such notice." Special Sessions are open to the public. 3.3. Workshop Sessions. Workshop sessions may be scheduled by the Mayor, a majority of Councilmembers or by the City Manager. They are normally conducted prior to regular or special sessions but may also be conducted at other times as well. Their purpose is to exchange information between Council, staff, vendors or other groups. No official action is taken by Council during these sessions, but workshops shall be posted and are open to the public. 3.4 Executive Sessions. The city council may meet in executive session under the provisions of the Texas Open Meetings Act. No vote shall be taken in an executive session on any matter under consideration nor shall any city council member enter into a commitment with another respecting a vote to be taken subsequently in a public meeting of the city council. The city council shall follow both the letter and the spirit of the Texas Open Meetings Act. Closed executive sessions shall be kept to a minimum. 3.5 Public Hearings. Public hearings may be scheduled to present evidence on both sides of issue(s). Some public hearings are required by state law such as approving an annual budget and setting a tax rate. Others are conducted voluntarily to obtain a full range of citizen input on important matters, such as a proposed bond issue. Public hearings may be scheduled as part of a Regular Session or on other occasions as necessary. 3.6 Town Hall Meetings. Town hall meetings may be scheduled periodically for the purpose of open discussion with citizens of Huntsville on specific issues or general matters regarding the activities of the City. Action may not be taken by the city council at a townhall meeting. If any action is indicated, the matter will be scheduled as an agenda item at a regular session of the city council. Any citizen may participate in a townhall meeting, and there is no requirement to sign up to speak prior to the meeting. 3.7. Public Notice. The agenda for all meetings and the notice listing items to be considered shall be posted by the city secretary on the City's office bulletin board in accordance with the Texas Open Meetings Act [Chapter 551, Texas Government Code]. 3.8 Quorum. Five members shall constitute a quorum to legally conduct city business, and a majority of those present shall be necessary to adopt any ordinance or resolution. In the case of council committees, the presence of two councilmembers assigned to the committee shall constitute a quorum to make further recommendations to the City Council. 3.9 City Manager Participation. The city manager, or acting city manager, shall attend all meetings of the city council unless excused by the mayor. The city manager may make recommendations to the city council and shall have the right to take part in all discussions, but shall have no vote. 3.10 City Attorney Participation. The city attorney, or designated assistant city attorney, shall attend all meetings of the city council unless excused by the mayor and shall, upon request, give an opinion, either written or oral, on questions of law. The Mayor may appoint a Councilmember to act as parliamentarian. 3.11 City Secretary Participation. The city secretary or designated deputy city secretary shall attend all meetings of the city council unless excused by the mayor and shall keep accurate records of all actions taken by the city council. 3.12 City Department Head Participation. The city staff department heads shall be available in City Hall during all city council regular sessions to respond to inquiries made by the city council, unless excused by the city manager. The city council may request the presence of specific department heads or staff members, through the city manager, for other meetings or sessions. Rules of Procedure 2 2/06/2007 City of Huntsville, Texas 3.13 Agenda. a. The mayor, councilmembers, city manager, city attorney, and the city secretary may place items on the agenda. Agenda items shall be submitted in written form to the city secretary in accordance with subsection 3.13 b. The city secretary will coordinate the placement of items on the agenda with the city manager who will resolve any conflicts with mayor and councilmembers. Agenda items may be removed only by the person who initially placed that item on the agenda. b. Items to be placed on the agenda, including supporting documents and materials to be included in agenda packets, shall be presented to the city secretary not - later -than 12:00 o'clock noon on the 12`h day preceding the next scheduled council meeting. c. In the event there is no sitting Mayor or Mayor Pro Tem, the City Manager, with the consent of at least two COUncihnembers, will place an item on the agenda as an exception. d. The agenda packets for all regular sessions will be available in City Hall after 4:00 p.m on the Thursday preceding the following Tuesday meeting. e. The city secretary will make available to the local media a copy of the agenda and that the agenda is posted to the City web site seventy two (72) hours prior to the meeting. f The city secretary is responsible to ensure that all meeting agendas are properly posted in full compliance with the Texas Open Meetings Act prior to the meeting being conducted. 3.14 Minutes. a. Minutes of city council meetings will be recorded and maintained by the city secretary. The Minutes will include final motions with voting results. The minutes will also reflect the names of those citizens presenting public comments. b. Minutes of meetings will generally be submitted to the city council for approval at the next regular scheduled meeting. c. The city secretary shall maintain recordings of open meetings for 90 days after approval by the city council in accordance with the Records Retention Schedule. 3.15 Attendance by the Public. Members of the public are invited and encouraged to attend any sessions of the city council that are not closed to the public in accordance with the Texas Opening Meetings Act. Rules of Procedure 3 2/06/2007 City of Huntsville, Texas Section 4 - STANDARDS OF CONDUCT 4.1. City Council Members. a. During city council meetings, city councilmembers shall assist in preserving order and decorum and shall neither by conversation or other activity delay or interrupt the proceedings nor refuse to obey the orders of the presiding officer or the rules of the city council. b. A city councilmember desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine his /her discussion to the question under debate and avoid discussion of personalities, the use of inappropriate language, making personal attacks, and verbally abusing colleagues or anyone else in attendance. c. Councilmembers may question city staff members during meetings when they are making presentations to the city council. Councilmembers shall neither berate nor admonish city staff members. Questions to other city staff members who are not making presentations should first be directed to the City Manager who will then ask the appropriate city staff member to respond. Or, the City Manager may address the question himself. d. A city councilmember, once recognized, shall not be interrupted while speaking unless called to order by the presiding officer. if a city councilmember is called to order while speaking, that member shall cease speaking immediately until the question of order is determined. e. City councilmembers shall confine their questions to the particular matters before the assembly and in debate shall confine their remarks to the issues before the city council. f When there is more than one speaker on the same subject, city councilmembers will delay their subsequent comments until after all speakers on the subject have been heard. 4.2 City Staff. a. Members of the city staff and employees of the City shall observe the same rules of procedures and decorum applicable to members of the city council. b. Although the presiding officer has the authority to preserve decorum in meetings, the city manager also is responsible for the orderly conduct and decorum of all city staff members under the city manager's direction and control. c. The city manager shall take such disciplinary action as may be necessary to ensure that decorum is preserved at all times by city staff members in city council meetings. d. All staff members addressing the city council, including the city manager, other staff members, or members of the public shall be recognized by the presiding officer and shall limit their remarks to the matter under discussion. Rules of Procedure 4 2/06/2007 City of Huntsville, Texas e. All remarks and questions addressed to the city council by staff members shall be addressed to the city council as a whole and not to any individual member. f No staff member, other than the staff member having the floor, shall enter into any discussion, either directly or indirectly, without permission of the presiding officer. 4.3 Citizens and Visitors. a. Citizens and visitors are welcome to attend all public sessions of the city council and will be admitted to the city council chamber or other rooms) in which the city council is meeting but not to exceed the fire safety capacity of the room(s). b. Everyone attending the meeting will refrain from private conversations while the city council is in session. c. Citizens and visitors attending city council meetings shall observe the same rules of propriety, decorum and good conduct applicable to members of the city council. Any person making personal, impertinent, profane or slanderous remarks or who becomes boisterous while addressing the city council or while attending the city council meeting shall be removed from the room, if the Director of Public Safety is so directed by the presiding officer. That person shall be barred from further attendance at that session of the city council. If the presiding officer fails to act, any member of the city council may move to require enforcement of the rules. The affirmative vote of a majority of the city council in attendance shall require the presiding officer to act. d. Reactions from the audience following the recognition and rewarding of citizens and special guests is considered appropriate and encouraged. Reactions from the audience during staff presentations to the council and during debate between councilmembers are not appropriate and not permitted. The presiding officer will ensure that the decorum of the meeting is maintained and is appropriate. e. No placards, banners, or signs will be permitted in the city council chamber or in any other room in which the city council is meeting. Exhibits, displays, and visual aids used in connection with presentations to the city council, however, are permitted. f Citizens and visitors attending city council meetings shall not bring food or drink into the city council chamber or into any other room in which the city council is meeting. 4.4 Enforcement. The Director of Public Safety, as chief law enforcement officer for the city, shall ensure that a safe environment exists for the city council to conduct its meetings and shall furnish whatever assistance is needed to enforce the rules of the city council. Rules of Procedure 5 2/06/2007 City of Huntsville, Texas Section 5 - DUTIES AND PRIVILEGES OF COUNCILMEMBERS 5.1. Seating Arrangement. Councilmembers shall decide among themselves the appropriate seating arrangement for meetings. 5.2. Right of the Floor. A councilmember desiring to speak must first be recognized by the presiding officer. No member shall address the presiding officer or demand the floor while a vote is being taken. 5.3. Conflict of Interest. A city councilmember prevented from voting by a conflict of interest shall leave the city council meeting during the debate, shall not vote on the matter, and shall otherwise comply with the state law and city ordinances concerning conflicts of interest. 5.4. Right of Appeal. Any member may appeal to the city council from a ruling of the presiding officer. If the appeal is seconded, the member making the appeal may briefly explain the objection; but there shall be no debate on the appeal, and no other member shall participate in the discussion. The presiding officer shall then put the question, "Shall the decision of the chair be sustained ?" If a majority of the members present vote "Yes," the ruling of the chair is sustained; otherwise, it is overruled. 5.5. Voting. a. When a vote is called, every member present shall vote either "Aye" or "No" except on matters involving a conflict of interest that compels a councilmember to abstain. In that event the councilmember abstaining from the vote must comply with Section 4.09 (Abstentions) of the City Charter prior to vote but not -later -than 72 hours following the vote. A councilmember who cannot be present for a vote(s) may submit an opinion on the vote(s) to be taken, in writing, to be read aloud and into the minutes of the meeting. b. After the result of a vote is announced, a member may not change a vote unless, before the adjournment of that meeting, permission is given to change the vote by a majority vote of the members present. 5.6. Demand for Roll Call. Upon demand of any member for a roll call vote, made before the result is announced, the roll shall be called for "Aye" and "No" votes upon any question before the city council. It shall not be in order for members to explain their vote during the roll call. 5.7. Personal Privilege. The right of a member to address the city council on a question of personal privilege shall be limited to cases in which the member's integrity, character, or motives are assailed, questioned, or impugned. 5.8. Dissents and Protests. Any member shall have the right to express dissent from or protest against any ordinance, resolution, or other action of the city council and have the reason for the dissent or protest entered in the minutes. Such dissent or protest may be filed in writing and presented to the city secretary for placement in the minutes not later than three business days following the date of the city council's action on the matter. Rules of Procedure 6 2/06/2007 City of Huntsville, Texas 5.9. Excusal from Attendance. Councilmembers are expected to attend meetings and remain in attendance during each meeting. Should a councilmember be unable to attend, the mayor, mayor pro tern, or acting mayor should be notified prior to that meeting. 5.10. Excusal During Meetings. A councilmember needing to be excused during an ongoing session should advise the presiding officer prior to departing the session. Section 6 - CHAIR AND DUTIES 6.1. Chair. The mayor, if present, shall preside as chair at all sessions of the city council. In the absence of the mayor, the mayor pro tem shall preside. In the absence of both the mayor and mayor pro tem, the remaining city councilmembers shall, in accordance with the City Charter, by election, designate one member as acting mayor to preside for that session. 6.2. Call to Order. The sessions of the city council shall be called to order by the mayor or, in the mayor's absence, by the mayor pro tem or, in the mayor pro tem's absence, by the acting mayor. In the absence of both the mayor and mayor pro tem, the City Attorney or City Manager will temporarily preside over the meeting until the council selects an acting mayor to preside over the meeting. 6.3. Preservation of Order. The chair shall preserve order and decorum, call upon the Director of Public Safety as necessary to enforce compliance with the rules, and confine members in debate to the question under discussion. 6.4. Questions to be Stated. The chair shall state, or direct the city secretary to state, all questions submitted for a vote and announce the result. A roll call vote shall be taken when requested by a member in accordance with subsection 5.6 above. 6.5. Call for Recess. The chair may call for recesses as necessary. Section 7 - ORDER OF BUSINESS 7.1. Regular and Special Sessions. Regular and special sessions will generally adhere to the following agenda: • Call to Order • Pledge of Allegiance (United States and Texas Flags) • Invocation • Presentations /Recognitions • Public Comments (Related to the current agenda) • Consent Agenda Items (May be moved to Statutory Agenda by councilmembers) • Statutory Agenda Items • Mayor /councilmember /City Manager Report • Public Comments (Related to any matter not on the agenda) • Executive and /or Workshop Sessions (As appropriate) Rules of Procedure 7 2/06/2007 City of Huntsville, Texas • Reconvene in Regular Session (As appropriate) • Media Inquiries • Adjournment 7.2. Workshop and Executive Sessions. Workshop and executive sessions will normally be conducted in a less formal manner than regular sessions as follows: • Call to Order • Overview of matter(s) to be discussed • Discussion of matter(s) • Summation • Adjournment 7.3. Public Hearings. a. The city manager shall schedule public hearings on the city council's agenda to be held at least two weeks before the city council must vote on the matter unless the law requires otherwise, in which case, public hearings shall be conducted as provided by state law. b. When conducted as part of a Regular Session, a vote may be taken on the matter at that same meeting. c. When a public hearing is conducted as a stand -alone meeting and not part of a Regular Session, the vote may be taken at a subsequent Regular or Special Session. d. The city council may schedule public hearings at times other than its regular sessions when it determines that the matter to be heard is a significant issue that requires more time than is available at regular sessions. e. Public hearings will generally be conducted in the following agenda: • Call to Order • Overview of the matter(s) to be considered • City council or city staff presentations regarding the matter(s) to be considered • Comments from citizens • Summation • Adjournment 7.4. Town Hall Meetings. a. Town Hall Meetings are informal meetings between Councilmembers, staff and the general public intended for the open discussion of a variety of subjects and issues related to city governance and public services. Town Hall Meetings may be called by a ward Councilmember for constituents in his /her ward or by a majority of Councilmembers if intended for the community at large. No formal action will be taken on any matter Rules of Procedure 8 2/06/2007 City of Huntsville, Texas presented at a Town Hall Meeting. Action, if any, will be scheduled as part of a future regular or special session. b. Town Hall Meetings will be announced as far in advance as practicable and will be posted in accordance with the Texas Open Meetings Act. c. Town Hall Meetings will generally be conducted in the following agenda: • Call to Order • Purpose for the meeting • City council or city staff presentations (if any) • Open discussions (facilitated by ward Councilmember or Mayor, Mayor Pro Tem or Acting Mayor if conducted for the entire community) • Summation • Adjournment 7.5. Addressing the City Council. It is the desire of the city council that citizens actively participate in the city governance system and processes. Therefore, public input to the city council, both oral and written, is encouraged. a. Public Comments. (1) Citizens shall have the right to be heard at any and all regular sessions of the city council in regard to matters on the agenda to be considered at that meeting prior to action being taken. A second round of public comments may also be scheduled for comments on any subject regarding city matters following action by the city council on the statutory agenda items. (2) Prior to the session being called to order, the person wishing to speak shall complete a Public Comment Card and present it to the city secretary. (3) When called upon to speak by the presiding officer, the person shall come to the podium, state his /her name and address for the record, and, if speaking for organization or group, identify the group represented. (4) The speaker will be limited to five (5) minutes to complete his /her comments regarding items on the agenda. The city secretary shall maintain the time and advise the speaker when his /her time has expired. The speaker shall then complete his sentence and take his /her seat. A limit of one (1) hour is established for completing public comments regarding agenda items. (5) During the second round of public comments regarding any subject, speakers will be limited to three (3) minutes to complete their comments. The city secretary shall maintain the time and advise the speaker when his /her time has expired. The speaker shall then complete his sentence and take his /her seat. A Rules of Procedure 9 2/06/2007 City of Huntsville, Texas limit of one (1) hour is established for completing public comments in this second round of public comments. (6) All remarks shall be addressed to entire city council and not directed to individual councilmembers or members of the city staff. (7) Questions or requests for information shall be directed to the presiding officer who shall then determine whether, and in what manner, a response will be provided. Recognized and credentialed media sources will be permitted to ask two questions and one follow -up question regarding meeting activities. Each media source will be provided five minutes b. Written Correspondence and Telephone Calls. (1) Citizens may direct written comments to the entire city council or individual councilmembers by addressing their letters to City Hall at: Huntsville City Hall, 1212 Avenue M, Huntsville, Texas 77340. The Mayor and each Councilmember has an email address listed on the City's website at www.huntsvilletx.gov. Citizens may also call the city secretary at: 936.291.5403 and leave a message. (2) Citizens should expect a timely acknowledgement of their letters and e -mail messages within three (3) working days. Telephone calls should be returned within twenty -four (24) hours, excluding Saturdays, Sundays and official state holidays. (3) If a matter cannot be resolved within a few days, an interim reply should be expected from City Hall explaining the delay and providing a date when a final reply should be expected. c. Media Inquiries. (1) The recognized local media sources may direct questions to members of the City Council through the City Secretary or directly to councilmembers as appropriate between scheduled sessions. (2) The recognized local media sources will generally be provided an opportunity to ask questions of the City Council toward the end of regular and special session agendas. As a general rule, each media source will be provided two questions and one follow -up question, limited to 5 minutes per media source. (3) Other legitimate regional, state and national media sources are expected to coordinate their attendance at scheduled sessions and questions to councilmembers and staff through the City Secretary. (4) All media questions regarding city administration and staff activities will be initially directed to the City Manager or the Assistant City Manager. (5) All media questions regarding city legal matters will be directed to the City Attorney. Rules of Procedure 10 2/06/2007 City of Huntsville, Texas (6) All media questions regarding city official records will be directed to the City Secretary. (7) The City Secretary will officially recognize and credential all media sources desiring to appear before the council for the purpose of gathering information during meetings of the Huntsville City Council. 7.6. Standard Adjournment. The mayor, mayor pro tem, or acting mayor shall adjourn the meeting when the agenda is completed. Although no final hour is established for adjournment, the meeting may be recessed and resumed within the next twenty -four (24) hours in accordance with the Texas Open Meetings Act. Section 8 — RULES OF ORDER 8.1. General. These rules, consistent with the City Charter and any applicable city ordinance, statute or other legal requirement, shall govern the proceedings of the city council. 8.2. Authority of the Chair. a. Subject to appeal to the full city council, the presiding officer shall have the authority to prevent the misuse of motions, the abuse of any privilege, or the obstruction of the business of the city council by ruling any such matter out of order. In so ruling, the mayor shall be courteous and fair and should presume that the moving party is acting in good faith. b. The presiding officer will perform the role of facilitator to assist the city council in focusing agenda discussions and deliberations. c. Any member of the city council may move to require enforcement of the rules, and the affirmative vote of a majority of the city council shall require the presiding officer to act. 8.3. Obtaining the Floor. Any councilmember wishing to speak must first obtain the floor by being recognized by the presiding officer. The presiding officer must recognize any councilmember who seeks the floor appropriately entitled to do so. 8.4. Council Deliberations and Order of Speakers. a. The presiding officer shall control the debate and the order of speakers. b. Speakers shall generally be called upon in the order of their request to speak. c. With the concurrence of the presiding officer, a councilmember holding the floor may address a question to another councilmember, the city manager, the city attorney, the city secretary, or the municipal court judge and that councilmember or officer may respond while the floor is still held by the councilmember asking the question. Rules of Procedure 11 2/06/2007 City of Huntsville, Texas d. With the concurrence of the presiding officer, a councilmember holding the floor may address questions to an individual making a presentation to the city council, e.g., city staff member, consultants, and citizens making public comments. e. Comments and questions shall be conducted in rounds to ensure that councilmembers have the opportunity to make their comments and then respond to the comments they have heard from their fellow councilmembers. f The presiding officer only shall terminate deliberations and debate after all councilmembers have been provided a reasonable time and opportunity to participate and prepare them to render a reasonable and responsible vote on the question. g. During presentations by the staff or special guests on statutory agenda items, councilmembers may obtain the floor from the presiding officer to ask questions of the presenters regarding details of their presentations. h. Following a motion and second of a statutory agenda item, councilmembers may enter into discussions about the item as described below in subsection 8.8d. 8.5. Length of Comments. Councilmembers shall govern themselves as to the length of the comments, questions, or presentations. As a courtesy, the presiding officer will signal by hand to a councilmember who has been speaking for over five minutes. This procedure is not meant to limit debate or to cut comments short, but rather to assist councilmembers in their efforts to communicate concisely. 8.6. Limit Deliberations to Item at Hand. Councilmembers shall limit their comments and questions to the subject matter, time, or motion being currently being considered by the city council. 8.7. Motions. Any member of the city council, including the presiding officer, may make motions. The presiding officer shall prior to offering a motion, however, ensure that other councilmembers have the opportunity to make the motion. Any member of the city council, other than the person offering the motion, may second a motion. See Annex C (Chief Purposes of Motions) and Annex D (Parliamentary Strategy). 8.8. Procedures for Motions. The following is the general procedure for making motions: a. Before a motion can be considered or debated, it must be seconded. If there is no second, the motion fails. b. A councilmember who wishes to make a motion should do so through a verbal request to the presiding officer. c. A councilmember who wishes to second a motion should do so through a verbal request to the presiding officer. Rules of Procedure 12 2/06/2007 City of Huntsville, Texas d. Once a motion has been properly made and seconded, the presiding officer shall open the matter for discussion offering the first opportunity to the moving party and, thereafter, to any councilmember properly recognized by the presiding officer. 8.9. Order of Precedence of Motions. See Annex E (Principle Rules Governing Motions). 8.10. Amendments to Motions. a. When a motion is on the floor and an amendment is offered, the amendment shall be acted upon prior to action on the main motion. b. No proposal of a subject different from that under consideration shall be admitted as a motion or amendment to a motion. c. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. d. Action shall be taken on the amended amendment prior to any other action to further amend the main motion. 8.11. Motion to Continue. A motion to continue will leave the motion in its present condition for consideration on a date and time certain. 8.12. Motion to Remove. A motion to remove will take the matter off the agenda and will not be considered by the council for an indefinite period of time. 8.13. Motion to Table. A motion to table will delay consideration of the item being discussed by the city council. 8.14. Motion to Refer. A motion to refer forwards the item under consideration to the named group, committee, or board for further study. 8.15. Motion to Lay on the Table. A motion to lay on the table allows an item to be temporarily set aside under discussion. 8.16. Motion to Take from the Table. A motion to take from the table allows the matter to be discussed again and would only be used in conjunction with a motion to lay on the table at the same meeting. 8.17. Withdrawal of Motion. A withdrawal of motion indicates a motion may be withdrawn or modified by the councilmember who originally made the motion at any time prior to its passage. If the motion is modified, the councilmember who seconded the motion may withdraw his/her second. 8.18. Motion for Reconsideration. Rules of Procedure 13 2/06/2007 City of Huntsville, Texas a. A motion to reconsider any action of the city council may be made, seconded, and voted on not later than the next succeeding voting agenda meeting of the city council. If reconsideration of the council action has not been posted on the council agenda for the meeting at which the motion to reconsider is made, however, actual reconsideration of the item must be delayed until the next voting agenda meeting after the posting requirements of the Open Meetings Act are met. b. A motion to reconsider an action of the city council may only be made by a member who voted with the prevailing side. Any member can second it. No question shall be twice reconsidered except by unanimous vote of the city council, except that action relating to any contract may be reconsidered at any time before the final execution thereof. 8.19. Motion to Close Debate. A motion to close debate on the motion (or motions) to which it is applied effectively terminates debate temporarily pending the result of the vote to approve the motion to close debate. If the motion to close debate passes by a two- thirds majority vote, further debate on the motion (or motions) before the council is terminated and an immediate vote taken. If the motion to close debate does not pass, then debate continues. The motion to close debate is the most drastic of the motions to control debate. Accordingly, the following rules apply: a. Cannot interrupt a speaker. b. Requires a second. c. Is not debatable. d. Cannot be amended. e. Requires a two -third vote because it prevents or cuts off debate. f. Takes precedence over all subsidiary motions except to postpone temporarily. g. Applies to debatable motions only. h. Can have no motion applied to it except to withdraw. Section 9 — VOTING RULES 9.1. General. The mayor and each city councilmember shall vote on each and every matter before the City Council. Each may make motions and seconds as appropriate. The mayor, however, shall initially defer making motions and seconds to fellow councilmembers until it is obvious that he must do so as a member of the council, if he /she chooses to do so. 9.2. Abstentions. Section 4.09 (Abstentions) of the City Charter provides that: "The Mayor and each member of the Council in attendance at the Council meeting shall vote on every issue that a vote is called unless that person declares a conflict of interest and files an affidavit stating the nature and extent of the interest. A person who fails or refuses to vote without filing the affidavit describing the conflict of interest shall be recorded as having cast a negative vote." 9.3. Tie Votes. A tic vote results in a lost motion. In such an instance, any member of the city council may offer a motion for further action. If there is not an affirmative vote, the result is no action. Rules of Procedure 14 2/06/2007 City of Huntsville, Texas 9.4. Voting Standards. a. Suspending the Rules. A city council rule may be suspended by an affirmative vote of two- thirds of the members present. b. Closing Debate. An affirmative vote of two - thirds of the members present is required to close debate and vote immediately. c. Limit or Extend Limits of Debate. A two - thirds vote of the councilmembers present is required to extend or limit debate. Section 10 — CITY COtiNCIL COMMITTEES 10.1. Committees Established. a. The following standing committees of the city council are established: (1) Personnel Committee (2) Finance Committee (3) Communications /Service Committee (4) Information Technology Committee b. Each standing committee shall review matters in its area of responsibility that are referred to it by the city council, the city manager, or an individual city council member. A standing committee may by majority vote recommend action to the city council, but committee recommendation is not necessary for a matter to be placed on the city council agenda. The committee chair may make a statement on behalf of the committee on an item in a briefing or voting meeting of the council. 10.2 Appointment. a. The Personnel and Finance Committees shall consist of not less than two councilmembers and the Communications and Information Technology Committees shall consist of at least one councilmember from the full city council appointed by the mayor. The mayor shall also appoint a chair, and may appoint a vice chair as appropriate, to each committee. Committee chairs will schedule all meetings with the City Secretary and ensure that the minutes are recorded and provided to the City Secretary. b. The mayor may remove and reassign members to and from the various standing and ad hoc committees annually, normally following the May general and runoff elections. 10.3. Committee Meetings. a. Standing committees shall meet as necessary. Rules of Procedure 15 2/06/2007 City of Huntsville, Texas b. The committee chair shall develop committee meeting agendas through coordination with fellow committee members and appropriate supporting staff members. The committee chair will coordinate with the City Secretary to ensure that the committee meeting agenda is posted as appropriate. c. As all four standing committees are assigned fewer than a quorum of the full council and are advisory in nature with no decision authority short of a vote by the full council, the chair of each standing committee will determine whether or not a committee meeting is to be posted in accordance with the Texas Open Meetings Act based on the issues to be discussed and the anticipated attendance of other councilmembers whose presence might inadvertently constitute a quorum in violation of the Act. With the approval of either the mayor or council majority, committees may conduct public hearings which shall be posted in accordance with the Act. 10.4. Ad Hoe Committees. The mayor may appoint ad hoc committees from time -to -time to study and review specific issues. The mayor shall determine the number of members and appoint a chair of ad hoc committees. The ad hoc committees shall be established for a designated period of time, which may be extended by the mayor and shall meet as needed. The mayor shall formally announce the establishment of any ad hoc committee along with his appointments to that committee in a regular session of council prior to the committee convening to conduct business. 10.5. Agenda and Information. Before each committee meeting the city manager and city secretary shall provide an agenda and supporting information for each committee meeting to committee members and the public. Items may be scheduled on the agenda for committee briefings by the chair, the city council, the city manager, or the mayor. Section 11 —RULES SUSPENSION, AMENDMENT, AND ANNUAL REVIEW 11.1. Suspension of Rules. Any provision of these rules not governed by the City Charter, City Code, or state law may be temporarily suspended by a two- thirds vote of the members of the city council present. The vote on any such suspension shall be taken by "Yes" and "No" votes and entered upon the record. 11.2. Amendment of Rules. These rules may be amended, or new rules adopted, by a majority vote of the members of the city council present. 11.3. Annual Review of Rules. Following the municipal elections each year (general and runoff), council may review these rules of procedure, make changes as appropriate, and adopt their own rules of procedure in accordance with the City Charter. In the event no annual review occurs, the standing rules of procedure continue in effect. Rules of Procedure 16 2/06/2007 City of Huntsville, Texas Section 12 —ADMINISTRATIVE SUPPORT TO COUNCILMEMBERS 12.1. Mail and E -mail. a. All general mail directed to the mayor and councilmembers at City Hall will be opened, date stamped, and distributed as appropriate. b. All such mail requiring a response from the city staff will be copied to all councilmembers with a note as to which staff person will be preparing a response for the mayor's signature. A copy of the response, along with the original letter, will be provided to each councilmember. c. All such mail not requiring a response, but providing information on city issues and agenda items will be copied to the mayor and councilmembers. d. Letters and email addressed to the mayor or councilmembers requiring a response from the mayor or councilmember(s) will be copied to those individuals along with a note as to which staff person is available (if required) to prepare a response for the signature of the mayor and /or respective councilmember(s). 12.2. Clerical Support. a. The city secretary will coordinate appropriate clerical support requested by the mayor and councilmembers. All correspondence typed for the mayor and /or councilmembers will be on City letterhead and will reflect the position of the majority of the full city council and will be copied to the mayor and councilmembers. b. Members of council having a minority opinion on any matter involving the City may express such an opinion on his /her own stationary at their own personal expense and making an appropriate disclaimer that his /her opinion are his or hers alone and may not reflect the opinion of a majority of the city council. o. Members of the city council are expected to speak up and speak out regarding matters affecting the city. They are, however, also expected to take personal responsibility for their public comments, both oral and written. When making public comments councilmembers shall make appropriate disclaimers when their comments do not reflect the views of other councilmembers and may be in conflict with current city policy. 12.3. Master Calendar. A master calendar of city council events, functions, and sessions will be maintained by the city secretary's office and provided to the mayor and councilmembers as appropriate. Events, functions, and activities to be attended by the mayor or individual councilmembers will be included on the master calendar only at the request of the mayor or individual councilmember(s). Rules of Procedure 17 2/06/2007 City of Huntsville, Texas 12.4. Requests for Research or Information. a. The mayor and individual councilmembers may request information or research from the city staff on a given topic through the city manager who will make all members of council aware of the special request, as it may be of interest to them as well. Accordingly, the city manager will provide the results of the request to all members of council. In the event the city manager believes he cannot respond in a timely manner, he and the members of council will coordinate a reasonable and responsible timeframe in which to expect the results without unduly interfering with other activities of higher priority. b. The mayor and councilmembers may also request research and information from the city attorney, city secretary, and the municipal court judge. If significant resources are required to respond, they may request through the mayor and members of council that the request be placed on a regular or working session agenda for further discussion. 12.5. Notification of Significant Activities or Events. The mayor and councilmembers shall expect the city manager to notify them, and provide periodic updates, regarding significant activities or events in the City related to natural or man -made disasters, major criminal activity, accidents involving City property, and serious illness, injury, or death involving city staff /employees. Rules of Procedure 18 2/06/2007 City of Huntsville, Texas ANNEX A Fundamental Principles of Parliamentary Law The mayor, councilmembers, city manager, city attorney, city secretary, municipal court judge and city staff members appearing before the various sessions of the Huntsville City Council should become familiar with following rules and customs: 1. All members have equal rights, privileges, and obligations; rules must be administered impartially. 2. The minority has rights, which must be protected. 3. Full and free discussions of all motions, reports, and other items of business is a right of all members. 4. In doing business the simplest and most direct procedure should be used. 5. Logical precedence governs introduction and disposition of motions. 6. Only one question can be considered at a time. 7. Members may not make a motion or speak in debate until they have been recognized by the chair and thus have obtained the floor. 8. No member may speak a second time on the same question if anyone who has not spoken on that question wishes to do so. 9. Members must not attack or question the motives of other member. Customarily, all remarks are addressed to the presiding officer. 10. In voting, members have the right to know at all times what motion is before the assembly and what affirmative and negative votes mean. 1 l.The majority vote decides. This is a fundamental concept of democracy. 12.All meetings will be characterized by fairness and good faith. Quotable Quotes "Procedure is more than formality. Procedure is, indeed, the great mainstay of substantive rights . . . .Without procedural safeguards — liberty would rest on precarious ground and substantive rights would be imperiled." - William O. Douglas "The history of liberty has largely been the history of observance of procedural safeguards." - Felix Frankfurter Rules of Procedure A 1/17/2006 City of Huntsville, Texas APPENDIX B Parliamentary Terms and Definitions Adhere To be attached to and dependent on; pending amendments adhere to the motion to which they are applied. Ad hoc Committee See Special Committee. Adjourn To officially terminate a meeting. Adjourned Meeting See Continued Meeting. Adjournment Sine Die (without day) The final adjournment terminating a convention or series of meetings. Adopt To approve by vote and give effect to a motion or a report. Affirmative Vote The "yes" or "aye" vote supporting a motion as stated. Agenda The official list of items of business planned for consideration during a meeting or convention. Apply A motion is said to apply to another motion when it may be used to alter, dispose of, or affect the first motion. Approval of Minutes Formal acceptance, by vote of the members or by general consent, of the secretary's record of a meeting, thus making the record the official minutes of the organization. Assembly A meeting of the members of a deliberative body. Ballot Vote The expression by ballot, voting machine. Or otherwise of a choice with respect to any election or vote taken on any matter, cast in such a manner that the person expressing the choice cannot be identified with the choice expressed; i.e., a secret ballot. Bylaws The set of rules adopted by an organization defining its structure and governing its functions. Call of a Meeting The written announcement distributed to members prior to the meeting indicating the time and place of the meeting, and stating the business that is to be brought up at the meeting. Chair The presiding officer of a deliberative body. Challenging a Vote Objecting to a vote on the ground that the voter does not have the right to vote. Rules of Procedure B -1 1/17/2006 City of Huntsville, Texas Challenging an Election Objecting to an election on the ground that it is not being conducted properly. Charter An official grant from government of the right to operate as an incorporated organization, or an official grant from a parent organization of the right to operate as a constituent or component group of the parent organization. Close Debate A motion which, if approved, ends discussion and prevents further amendments. The old terminology for this motion is "move the previous question." The term "vote immediately" also is sometimes used. Closed Session A session of an assembly, board, or committee open only to members of the assembly, board, or committee, the proceedings of which are confidential. Common Parliamentary Law The body of rules and principles that is applied by the courts in deciding litigation involving the procedure of organizations. It does not include statutory law or particular rules adopted by an organization. Consent Agenda A section of an organization's agenda including only routine matters which are expected to be approved without discussion and without dissent. Any member desiring to discuss or oppose an items can remove it from the consent agenda. Also known as a consent calendar or a unanimous consent agenda. Constituent or Component Groups Subordinate groups making up a parent state, national, or international organization and chartered by it. Continued Meeting A meeting that is a resumption at a later specified time of an earlier regular or special meeting. The continued meeting is legally a part of the original meeting. Sometimes called an adjourned meeting. Convene To open a meeting or convention, usually a large and formal one. Cumulative Voting The casting of more than one vote for a candidate when several offices are to be tilled, instead of voting for as many candidates as there are vacancies. Debate Formal discussion of a motion or proposal by members under the rules of parliamentary law. Delegation of Authority An assignment by one person or group to another person or group of the authority to act for the first person or group in certain matters that are lawful and capable of being delegated. Demand An assertion of a parliamentary right by a member. Dilatory Tactics Misuse of procedures of debate to delay or prevent progress in a meeting. Rules of Procedure B -2 1/17/2006 City of Huntsville, Texas Discretionary Duty A duty that usually cannot be delegated to another because members rely on the special intelligence, skill, or ability of the person chosen to perform the duty. Disposition of a Motion Action on a motion by voting on it, referring, postponing, or in some way removing it from the consideration of the assembly. Division of the Assembly A standing vote. Division of the Question Separation of a motion into two or more parts to be discussed and voted upon independently. En Bloc As a group. Ex Officio Member One who is a member of a committee or board by reason of holding another office, a treasurer is often an ex officio member of the finance committee. Executive Session See Closed Session. Floor (as in have the floor) When a member receives the formal recognition from the presiding officer, that member ahs the floor and is the only member entitled to make a motion or to speak. General Consent An informal method of approving routine motions by assuming unanimous approval unless objection is raised. Also called unanimous consent. Germane Amendment An amendment relating directly to the subject of the motion to which it is applied. Hearing A meeting of an authorized group for the purpose of listening to the views of members or others on a particular subject. Hostile Amendment An amendment that is opposed to the spirit or purpose of the motion to which it is applied. Illegal Ballot A ballot that cannot be counted because it does not conform to the rules governing ballot voting. Immediately Pending Question The last - proposed of several pending motions and therefore open for immediate consideration. Incidental Motion One of a class of motions dealing not with the content of the pending motion but with a procedural question arising incidentally from its consideration. Examples are point of order, parliamentary inquiry, suspension of the rules, division of the question, and appeal from the ruling of the chair. Incidental motions have no order of precedence. Incorporate To form a group into a legal entity chartered by government and recognized by law as having special rights, duties, and liabilities distinct from those of its members. Rules of Procedure B -3 1/17/2006 City of Huntsville, Texas Informal Consideration Consideration and discussion of a problem or motion without the usual restriction on debate. Inherent Right A right or power that is possessed without being derived from another source. In Order Permissible and correct from a parliamentary standpoint at a particular time. Lay on the Table See Table Legal Ballot A ballot the intent of which is clear, despite misspelling. (Blank ballots or ballots cast for ineligible persons are not considered legal.) Main Motion A motion which brings business before the assembly. Majority A number that is more than half of any given total. Majority Rule Rule by decision of the majority of those who actually vote, regardless of whether a majority of those entitled to vote do so. Majority Vote More than half of the number of legal votes cast for a particular motion or candidate, unless a different basis for determining the majority is required. Mass Meeting Media See Organizing Meeting. The means of mass communication such as radio, television, newspapers and magazines that reach or influence people widely. Local media is further defined as The Huntsville Item, The Houstonian, KSAM -KHVL Radio, KSHU - Channel 7, and KBTX —TV in Bryan /College Station. Media Inquiries That portion of regular and special session agendas generally made available to recognized local media to ask questions of the City Council relevant to the business conducted up to that point during the session. Meeting An official assembly of the members of an organization during which there is no separation of the members except for a recess, and which continues until adjournment. Member in Good Standing Any person who has fulfilled the requirements for in the particular organization and who has neither voluntarily resigned nor been suspended or expelled from membership. Minority Any number that is less than half of any given total. Minutes The legal record of the actions of a deliberative body that has been approved by vote of the body. Rules of Procedure B -4 1/17/2006 City of Huntsville, Texas Motion A proposal submitted to an assembly for its consideration and decision: it is introduced by the words, "I move..." Multiple Slate A list of offices and candidates containing the names of more than one nominee for an office or offices. Nomination The formal proposal to an assembly of a person as a candidate for an office. Nonprofit Corporation A corporation whose basic and dominant purposes are ethical, moral, educational, or social, and which distributes no profit to its members. Objection The formal expression of opposition to a proposed action. Order of Business The adopted order in which the various classifications of business are presented to the meetings of an assembly. Organizing Meeting The initial meeting of a group which does not have an established membership roster or rules, sometimes called a mass meeting. Out of Order Not correct, from a parliamentary standpoint, at the particular time. Parliamentary Authority The code or rulebook specified in an organization's bylaws as its authority in matters not covered by its bylaws or standing rules. Pending Question Any motion that has been proposed and stated to the assembly for consideration and that is awaiting decision by vote. Plurality Vote A larger vote than that received by any opposing candidate or alternative measure. Point of Order The raising of a question as to the propriety of some action taken by the chair or by a member. Policy An adopted statement of a belief, philosophy, or practice of an organization. Precedence The rank or priority governing the proposal, consideration, and disposal of motions. Precedent A course of action that may serve as a guide or rule for future similar situations in the particular organizations. Preferential Ballot A ballot on which the voter indicates more than one choice, and the order of preference, so that second and subsequent choices can be taken into consideration without another election being needed because of failure of any candidate (or proposition) to obtain a majority on the first ballot. Rules of Procedure B -5 1/17/2006 City of Huntsville, Texas Previous Notice The announcement in advance, either at the preceding meeting or in the call of the meeting, that a particular subject will be considered at a meeting. Previous Question See Close Debate. Privileged Motion A motion not related to the pending business, but of such urgency that it should be allowed to interrupt pending business, to be decided generally without discussion. Privileged motions include questions of privilege and the motions to recess and to adjourn. Procedural Motion A motion that presents a question of procedure as distinguished from a substantive proposition. Proposal or Proposition A statement of a motion of any kind for consideration and action. Proviso A stipulation in the bylaws or in a rule, usually indicating the date or time it goes into effect. Proxy A signed statement authorizing a person to cast the vote of the person signing it. Proxy may also refer to the person who casts the vote. Public Hearing A formal meeting of the city council during which public testimony may be heard prior to formal action being taken on a specific measure or matter before the council. Some public hearings are mandated by state law while others may be called by the mayor with the consent of four other members of council. Putting the Question The statement, by the presiding officer, of a motion to the assembly for the purpose of taking the vote on it. Qualified Motion A motion that is limited or modified in some way in its effect by additional words or provisions, for example, " I move we adjourn at four o'clock." Question Any proposal submitted to an assembly for decision. Quorum The number or proportion of member that must be present at a meeting of an organization to enable it to act legally on business. Railroading To push a motion through so rapidly that members do not have opportunity to exercise their parliamentary rights. Recess A brief interruption of a meeting. Recognition Formal acknowledgment by the presiding officer of a particular member, giving that member the sole right to speak or to present a motion. Renew a Motion Rules of Procedure B -6 1/17/2006 City of Huntsville, Texas To present again a motion previously lost at the same meeting or convention. Request A statement to the presiding officer of some right that a member desires to exercise. A request can amount to a demand; for example, a call for division. Rescind To repeal a motion which has been passed. Resolution A formal motion, usually n writing, and introduced by the word "Resolved," that is presented to an assembly for decision. Restorative Motion A main motion that concerns an action previously taken. Restricted Debate Debate on certain motions in which discussion in restricted to a few specified points. Ruling Any pronouncement of the presiding officer that relates to the procedure of the assembly. Second After a motion has been proposed, the statement " I second the motion" by another member who thus indicates willingness to have the motion considered. Seriatim Consideration by sections or paragraphs. Single Slate A list of offices and candidates containing the name of only one candidate for each office. Special Committee A committee that is selected to carry out a particular task, and that ceases to exist once the task is completed. Also called an ad hoc committee. Special Meeting A meeting held at a time other than that at which the organization normally meets, called to handle one or more specific matters, which must be noted in the call to the meeting. Standing Committee A committee that has a fixed term of office and that performs any work in its field assigned to it by the bylaws or referred to it by the organization, that board, or the presiding officer. Statute A law passed by a legislative body. Statutory Law Law that is enacted by legislative bodies. Subsidiary Motion A motion which changes the main motion or disposes of it or aids in consideration of either a main motion or another motion. Subsidiary motions include to amend, to refer to committee, to postpone to a certain time, to limit or extend debate, to close debate, and to postpone temporarily. Substantive Motion A motion that states a concrete proposal of business as opposed to a procedural matter. Substitute Motion The form of amendment that offers a new motion on the same subject, as an alternative to the original motion. Rules of Procedure B -7 1/17/2006 City of Huntsville, Texas Suspension of the Rules A vote to disregard temporarily a rule that prevents the assembly from taking a particular action. Table To set a motion aside until the assembly decides to resume consideration of it. Teller A member appointed to help conduct an election and help count the votes. Town Mall Meeting A informal community meeting sponsored by a ward eouncilm ember _for his /her ward or by at least five councibnencbers for the city= at -large to share information and receive input from citizens regarding city government, public .services and plans for the future of the City of Huntsville. Two- thirds Vote A vote of at least two - thirds of those present and voting. Term of Office The duration of service for which a member is elected or appointed to an office. Tie Vote A vote in which the affirmative and negative votes are equal on a motion, or a vote in an election in which two or more candidates receive the same number of votes. A motion receiving a tie vote is lost, since a majority vote is required to take an action. Candidates receiving a tie vote may be voted on until one is elected or the assembly votes to break the tie in some other way. Unanimous Consent See General Consent. Unanimous Vote A vote without any dissenting vote. One adverse vote perverts a unanimous vote. Unfinished Business Any business that is postponed to the next meeting or that was pending and interrupted by adjournment of the previous meeting. Voice Vote A vote taken by calling for "ayes" and "noes" and judged by volume of voice response; sometimes called a viva voce vote. Vote Immediately An alternative term for the motion to close debate. Waiver of Notice Act of relinquishing the right tot have had notice of a proposal or meeting. Also may refer to the statement proving the relinquishment of notice. Write -in Vote A vote for someone who has not been nominated, cast by writing in on the ballot the name of the person. Rules of Procedure 13-8 1/17/2006 City of Huntsville, Texas ANNEX C The Chief Purposes of Motions PURPOSE MOTION Present an idea for Main motion Consideration and action Resolution Consider informally Improve a pending motion Amend Division of question Regulate or cut off debate Limit or extend debate Close debate Delay a decision Refer to committee Postpone to a certain time Postpone temporarily Recess Adjourn Suppress a proposal Table Withdraw a motion Meet an emergency Question of privilege Suspend rules Gain information on a pending motion Parliamentary inquiry Request for information Request to ask a member a question Question of privilege Question the decision of the presiding Point of order officer Appeal from decision of the chair Enforce rights and privileges Division of assembly Division of question Parliamentary inquiry Point of order Appeal from decision of the chair Consider a question again Resume consideration Reconsider Rescind Renew a motion Amend a previous action Ratify Change an action already taken Reconsider Rescind Amend a previous action Terminate a meeting Adjourn Recess Rules of Procedure C 1/17/2006 City of Huntsville, Texas ANNEX D Parliamentary Strategy To Suunort a Motion 1. Second it promptly and enthusiastically. 2 3 4 5 0 7 W 10 Speak in favor of it as soon as possible. Do your homework; know your facts; have handouts, charts, overhead projector slides, etc. if appropriate. Move to amend motion, if necessary, to make it more acceptable to proponents. Vote against motion to table or to postpone, unless delay will strengthen your position. Move to recess or postpone, if you need time to marshal facts or work behind the scenes. If defeat seems likely, move to refer to committee, if that would improve chances. If defeat seems likely, move to divide question, if appropriate, to gain at least a partial victory. Have available a copy of the rules of procedure, City Charter, and The Standard Code of Parliamentafy Procedure, in case of a procedural dispute. . If motion is defeated, move to reconsider, if circumstances warrant it. 11. If motion is defeated, consider reintroducing it at a subsequent Rules of Procedure D City of Huntsville, Texas To Oppose a Motion 1. Speak against it as soon as possible. Raise question; try to put proponents on the defensive. 2. Move to amend the motion so as to eliminate objectionable aspects. 3. Move to amend the motion to adversely encumber it. 4. Draft a more acceptable version and offer as amendment by substitution. 5. Move to postpone to a subsequent meeting. 6. Move to refer to committee. 7. Move to table. 8. Move to recess, if you need time to round up votes or obtain more facts. 9. Question the presence of quorum, if appropriate. 10. Move to adjourn 11. On a voice mote, vote emphatically. 12. If the motion is adopted, move to reconsider, if you might win a subsequent vote. 13. If the motion is adopted, consider trying to rescind it at a subsequent meeting. 14. 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