ORD 2011-21 - Amending Rules and Procedures - Various Changes 02-15-2011 ORDINANCE NO. 2011-21
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 the City Council adopted Rules of Procedure by Ordinance 2004-21 on
November 9, 2004; and as amended by Ordinance 2006-03 on January 17,
2006; by Ordinance 2007-05 on February 6, 2007; by Ordinance 2007-13
on April 17, 2007; by Ordinance 2008-30 on August 19, 2008; by
Ordinance 2009-28 on March 3, 2009; and by Ordinance 2009-46 on July
8, 2009.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF HUNTSVILLE, TEXAS, THAT:
Section 1: 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 15`" day of February 2011.
OF HUNTSVILLE, TEXAS
J. I urftr, Mayor
ATTEST:
I
Lee oo w , City Secreta
APPRO ED S TO FORM:
Leo rineider, rty Attorney
CITY COUNCIL
RULES OF PROCEDURE
CITY OF HUNTSVILLE, TEXAS
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As Adopted b Ordinance No. 2004-21
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Effective November 9, 2004
Amended January 17, 2006
Amended February 6, 2007
Amended April 17, 2007
Amended August 19, 2008
Amended March 3, 2009
Amended July 8, 2009
Amended February, 15, 2011
TABLE OF CONTENTS
SectionI—GENERAL.....................................................................................1
Section 2—AUTHORITY
2.1.City Charter Requirements............................................................................1
2.2.Conflicts between the Charter and the Code........................................................l
2.3. Primary Reference......................................................................................1
Section 3-Sessions
3.1. Regular Sessions........................................................................................l
3.2. Special Sessions.........................................................................................l
3.3.Workshop Sessions.................................................................................... 1
3.4. Executive Sessions.....................................................................................2
3.5. Public Hearings..........................................................................................2
I!I 3.6 Town Hall Meetings....................................................................................2
3.7. Public Notice.............................................................................................2
3.8.Quorum....................................................................................................2
3.9.City Manager Participation............................................................................3
3.10.City Attorney Participation...........................................................................3
3.11.City Secretary Participation.........................................................................3
3.12. City Department Head Participation............................................................... 3
3.13.Agenda............................................. ...................................................3
3.14. Minutes................................................................................................4
3.15.Attendance by the Public............................................................................4
3.16.City Legislation and Actions of Significant Public Impact and Concern..................... 4
Section 4-STANDARDS OF CONDUCT
4.1.City Councilmembers................................................................................. 5
4.2.City Staff................................................................................................5
4.3.Citizens and Visitors...................................................................................6
4.4. Enforcement.............................................................................................7
Section 5-DUTIES AND PRIVILEGES OF COUNCILMEMBERS
5.1.Seating Arrangement...................................................................................7
5.2.Right of Floor...........................................................................................7
5.3.Conflict of Interest.....................................................................................7
5.4. Right to Appeal.........................................................................................7
5.5.Voting....................................................................................................8
5.6. Demand for Roll Call..................................................................................8
5.7. Personal Privilege.......................................................................................8
5.8. Dissents and Protests............................................................................... 8
5.9. Excusal from Attendance..............................................................................8
5.10. Excusal During Meetings............................................................................8
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Section 6-CHAIR AND DUTIES
6.1.Chair......................................................................................................9
6.2.Call to Order.............................................................................................9
6.3. Preservation of Order..................................................................................9
6.4.Questions to be Stated.................................................................................9
6.5.Call for Recess..........................................................................................9
Section 7-ORDER OF BUSINESS
7.1. Regular and Special Sessions.........................................................................9
7.2. Workshop and Executive Sessions..................................................................10
7.3. Public Hearings.........................................................................................10
7.4.Town Hall Meetings...................................................................................1 l
7.5.Addressing the City Council..........................................................................11
7.6.Adjournment.............................................................................................13
Section 8—RULES OF ORDER
8.1.General.................................................................................................13
8.2. Authority of the Chair................................................................................14
8.3.Obtaining the Floor...................................................................................14
8.4.Council Deliberation and Order of Speakers......................................................14
8.5. Length of Comments.................................................................................15
8.6. Limit Deliberation to Item at Hand.................................................................1 5
8.7.Motions................................................................................................ 15
8.8. Procedures for Motions..............................................................................15
8.9.Order of Precedence for Motions...................................................................16
8.10.Amendments to Motions...........................................................................16
8.11. Motion to Continue.................................................................................16
8.12.Motion to Remove.................................................................................. 16
8.13. Motion to Table......................................................................................16
8.14. Motion to Refer......................................................................................16
8.15. Motion to Lay on the Table........................................................................16
8.16. Motion to Take from the Table....................................................................17
8.17. Withdrawal of Motion..............................................................................17
8.18. Motion for Reconsideration........................................................................17
8.19. Motion to Close Debate............................................................................17
Section 9—VOTING RULES
9.1.General.................................................................................................18
9.2.Abstentions.............................................................................................18
9.3.Tie Votes...............................................................................................18
9.4. Voting Standards......................................................................................18
9.5. Work Sessions.........................................................................................18
Section 10-CITY COUNCIL COMMITTEES
10.1.Committees Established............................................................................19
10.2.Appointment..........................................................................................19
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10.3.Committee Meetings............................................................................... 19
10.4.Ad Hoc Committees.................................................................................20
10.5.Agenda and Information...........................................................................20
Section 11-RULES SUSPENSION,AMENDMENT,ANNUAL REVIEW
11.1. Suspension of Rules.................................................................................20
11.2.Amendment of Rules...............................................................................20
11.3. Annual Review of Rules...........................................................................20
Section 12—ADMINISTRATIVE SUPPORT TO COUNCILMEMBERS
12.1. Mail and E-mail.....................................................................................21
12.2.Clerical Support.....................................................................................21
12.3. Master Calendar.....................................................................................21
12.4. Requests for Research or Information............................................................22
12.5.Notification of Significant Activities or Events................................................ 22
Section 13—INVESTIGATIVE PROCEDURES
13.1. Subpoena Procedure............................................................................... 22
13.2.Administering Oaths and Sworn Testimony.................................................... 22
13.3. Investigative Procedures in General............................................................. 23
Annexes:
A—Fundamental Principles of Parliamentary Law ...................................................A
B—Glossary of Parliamentary Terms.....................................................................B
C—Chief Purposes of Motions............................................................................0
D—Parliamentary Strategy.................................................................................D
E—Principle Rules Governing Motions...................................................................E
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Rules of Procedure iv July-7;20t19fc,hruary 15,2011_
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Section 1—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 Aamended n-,... 15, 200
p,�x�--� 4V`ovember 3, 2O0)] 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 prevail.
r vail
2.3 The primary reference for the development of these rules of procedure is The Standard
Code of Parliamentary Procedure,4`h Edition by Alice Sturgis.
Section 3—SESSIONS
3.1. Regular Sessions.
The City Council shall conduct regular sessions generally on the first(1)and third(3`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.
s ons.
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 town hall 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 town hall 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
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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 e0ty 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.
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.
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b. Items to be placed on the agenda,including any necessary or applicable supporting
documents and materials to be included in agenda packets must be submitted to the City
Secretary in order to allow compliance with the Texas Open Meetings Act 72-hour notice
provision. To that end,agenda items and supporting materials should be,whenever
possible,presented to the City Secretary not-later-than 1.2:O(+,&'clock n(x)n5 on the
121"71"day preceding the next scheduled Council meeting. Metter,ti)r the agenda tliat
arise within 1he I }>et ierl sl ttlt 1>e suhntttteclz�4 st>f>rr a 1>es it>1e
Rules of Procedure 3 July-7;2009Fcbruary 15,2011.
City of Huntsville,Texas
c. The City Secretary shall submit a draft agenda to the Council,City Manager,and City
Attorney on or before the Wednesday preceding the next scheduled Council meeting for
review and revision.
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,or on the fifth day preceding
for meetings not on Tuesdays.
e. The City Secretary will make available to the local media a copy of the agenda and
ensure 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.
d. The City Secretary shall,however,preserve and maintain any and all audio and video
recordings of open meetings and archive the same,making them available to the public
on request.
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.
3.16 City Legislation and Actions of Significant Public Impact and Concern.
Any action or ordinance of the City of Huntsville that falls into the following three
categories is considered an action of significant public impact and concern:
a. Any action or ordinance that criminalizes behavior or creates criminal liability.
b. Any action or ordinance that has a substantial impact on private property rights.
Rules of Procedure 4 July 7,2009Februar;.15,2011
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c. Any action or ordinance that involves the expenditure of more than three hundred
thousand dollars($300,000)and that is not a recurring expense or renewal of an expense.
The City Council shall not vote on any action of significant public impact and concern
unless and until it has been presented and discussed in at least two Council meetings,
which occur within a 60-day period of time.
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 eCity staff members during meetings when they are
making presentations to the City Council. Councilmembers shall neither berate nor
admonish eCity staff members. Questions to other e0ty staff members who are not
making presentations should first be directed to the City Manager who will then ask the
appropriate eCity 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 eC'ity staff and employees of the City shall observe the same rules of
procedures and decorum applicable to members of the City Council.
Rules of Procedure 5 Jul,, 7;A*9Fcnruary 15 ,? 01.1
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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 e(Ity 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 eCity 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.
e cu on.
e. All remarks and questions addressed to the City Council by staff members shall be
addressed to the Cit Council as a whole and not to an individual member.
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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 e
will be admitted to the City Council chamber or other room(s)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.
Rules of Procedure 6 Jtily 7,2009Febi-Liar; 15,3011
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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.
Section 5-DUTIES AND PRIVILEGES OF COUNCILMEMBERS
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5.1. Seating Arrangement.
In meetings where the Council is seated at the dais, the Mayor shall be seated at the
center of the dais; Geanei
g the City #
Secretary shall be seated at the Mayor's extreme right:tha(+t ttHmey- ha 1 he<ea4ed
Eft.the and the City Manager shall be seated adjacent to the Mayor,
either to his left or right,depending on whether the Mayor Pro Tem is at large or a ward
representative. Councilmembers may decide their specific seating on each side among
themselves,but generally the senior members will be closer to the center,and the Mayor
Pro Tem will be seated next to the Mayor.
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 step down
from the dais and take a seat in the audience, shall not vote on the matter, shall not
participate in discussions regarding the matter or attempt to influence the Council's
deliberation of the matter in any way, shall not attend executive sessions regarding the
matter, and shall otherwise comply with the state law and city ordinances concerning
conflicts of interest including Chapter 171 of the Local Government Code.
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
Rules of Procedure 7 Juin•-7,20091`ebruary 15,2011_
City of Huntsville,Texas
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.
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 Tem, or
acting Mayor should be notified prior to that meeting.
5.10. Excusal During Meetings.
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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, i
a o f resent shall reside as chair at all sessions of the Cit Council. In the
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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
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City of Huntsville,Texas
• Pledge of Allegiance(United States and Texas Flags)
• Invocation
• Presentations/Recognitions
• Public Comments(Rrelated to any matter not on the agenda)
• Public Comments(Rrelated to the current agenda)
• Consent Agenda Items(lmay be moved to Statutory Agenda by Councilmembers)
• Statutory Agenda Items
• Mayor/Councilmember/City Manager Report
• Public Comments Neerv:rel� t� r�y �t4rFneei�<131
• Executive and/or Workshop Sessions(Aas appropriate)
• Reconvene in Regular Session(Aas appropriate)
• Media Inquiries
• Adjournment
7.2. Workshop and Executive Sessions.
Workshop and executive sessions will normally be conducted in a less formal manner A
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
Rules of Procedure 10 July-7,2009Fchn1a11.1_5 0.111.1
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• 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
•
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d ment
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7.4. Town Hall Meetings.
a. Town Hall Meetings are informal meetings between Councilmembers staff and the
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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 any waA
Councilmember-for eonsthis%her ward car by the»llavcir car-a f t3uxei}tnenll�er at
La+,e of a majority t�# Ea�rxc+}+,� !>er;–i irate l-€iJr tl�e comx�xit�-at late. No
formal action will be taken on any matter 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 eCity staff presentations(if any)
• Open discussions (facilitated by the Councilmember calling the Meeting; f-M-,,,r,
Ma, '' iii--Nla—)r-ifeoniluete("!ffir the eNt+re etinatn�tnity)
• Summation
• Adjournment
7.5. Addressing Y the Cit Council.
It is the desire of the City Council that citizens actively participate in the eCity's
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 prior to action
being taken. Public comments may also be heard on any subject regarding c City
matters not posted on the agenda.
Rules of Procedure 11 July 7- 2009 February.15,20.11
City of Huntsville,Texas
(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) For items on the agenda the speaker will be limited to five (5) minutes to
complete his/her comments. The City Secretary shall maintain the time and
advise the speaker when his/her time has expired. The speaker shall them
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 two (2) 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
limit of fifteen minutes (15) is established for completing public comments not .
on the agenda. If necessary, additional public comments will be made following
Mayor/Councilmember/City Manager Report.
(6) All remarks shall be addressed to entire City Council and not directed to
individual Council members 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.
(a) During comments regarding agenda items, Council members may request the
floor to respond to any citizen comment with information or to ask follow up
questions as appropriate. Councilmembers may only direct comments and
questions to the speaker and may not take the opportunity to discuss matters
among themselves.
(b) Responses to comments or inquiries regarding matters not on the agenda shall
be limited to:
(1) A statement of specific factual information given in response to the
inquiry;or
(2) A recitation of existing policy in response to the inquiry.
Any deliberation of or decision about the subject of such an inquiry
shall be limited to a proposal to place the subject on the agenda for
a subsequent meeting.
b. Written Correspondence and Telephone Calls.
Rules of Procedure 12 JOv 7 2E149FcbrUarM 1 201.1
City of Huntsville,Texas
(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.hunlsvilletx.aov. 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 will be initially directed to the City Manager, the
Assistant City Manager,the Public Information Officer(if one is designated),
or the City Secretary.
(5) All media questions regarding city official records will be directed to the City
Secretary.
(6) 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.
d.' L,� ettlement%In Ktggrds to an clairn�a sinst {Formatted H�ghl�ght
Rules of Procedure 13 July 7 2009Feb uary 15,2011
.... ...............................
City of Huntsville,Texas
All offers!foije"'Ral let tleinents' r cl trns!or Iiti Anon against the City must be
+tll5 ,•' ed it't ruin J
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.
Rules of Procedure 14 July 7,2009F cbruary._1. .,._2011.
City of Huntsville,Texas
i
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.
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).
Rules of Procedure 15 July-7 2009Fcbruary 15.,2011
City of Huntsville,Texas
i
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.
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.
Rules of Procedure 16 July 7 .24u19F'ebruary.._1 2011_
. .............
City of Huntsville,Texas
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.
a. A motion to reconsider any action of the City Council may be made, seconded, and
voted on not later h than a the next e t succeedin voting agenda meeting
of the Cit 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 Cit Council may only be made b a member who
Y Y Y Y
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
Rules of Procedure 17 July 7,2009Fclsruary.1 5 2.011
City of Huntsville,Texas
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. Councilmembers may not interrupt a speaker to move to close debate.
b. A motion to close debate: Requires a second,
c. Is not debatable,
d. Cannot be amended,
e. Requires a two-third vote,
f. Takes precedence over all subsidiary motions except to postpone temporarily,
g. Applies to debatable motions only,and
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 tie 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.
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. (See Rule 8.19).
Rules of Procedure 18 Jkaly 7 2009February 15 X011
City of Huntsville,Texas
c. Limit or Extend Limits of Debate. A two-thirds vote of the Councilmembers present is
required to extend or limit debate.
9.5 Work Sessions.
Except in matters of public health and safety,or other imminent emergencies,no vote
shall be taken on matters presented in a first work session on a topic for five working
days after the work session presentation to allow for due diligence by Councilmembers
and adequate public debate and input. This will apply only to the first work session on a
topic.
Section 10—CITY COUNCIL 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.
Rules of Procedure 19 July 7,2�10�I ebru,�tr�..15 2.01 l
City of Huntsville,Texas
a. Standing committees shall meet as necessary.
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 Hoc 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 eae.h committeethe 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.
Summary minutes will be kept for the Finance Committee by Finance Department staff,
and for the Per onnel Committee by Human Resource personnel.
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.
Rules of Procedure 20 July 7;204t1I.'ebru.ary 15,201,1
City of Huntsville,Texas
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. This does not limit the Council's right and
ability to amend the rules in accordance with the City Charter and Rule 11.2.
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.
ii- -The City Secretary will coordinate appropriate clerical support requested by the Mayor
and Councilmembers. Ail eorespol #ec�e� t}pert—ter t �—y;z�vc�r—�rtd�r
(2ouneilmembei-, will be on(34Y lettedlead and will Feneet tile positioll arthe nl,�iof-ity
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Rules of Procedure 21 July 7;?009Fell Rl iry_1_` 2011.
City of Huntsville,Texas
i
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12.3. Master Calendar. Level:1+Numbering Style:a,b,c,...+Start
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A master calendar of City Council events, functions, and sessions will be maintained by space between Latin and Asian text,Adjust
the City Secretary's office and provided to the Mayor and Councilmembers as space between Asian text and numbers
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).
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 j
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.
Section 13—INVESTIGATIVE PROCEDURES
Pursuant to Section 4.05 of the Charter of the City of Huntsville,the Council shall have the
power to investigate and inquire into the official conduct of any department, agency,
office, officer or employee of the city, and for that purpose shall have the power to
administer oaths, subpoena witnesses, compel the production of books, papers and other
Rules of Procedure 22 July 7 2009Fcbruary..1.5 2.01.1
City of Huntsville,Texas
J
evidence material to the inquiry. Huntsville City Charter Section 4.05; Huntsville Code of
Ordinances Section 2-25.
13.1. Subpoena Procedure
The City Council shall follow the method and procedure for issuing subpoenas to compel
the attendance of witnesses and to compel the production of books, papers and other
material evidence that is contained in Huntsville Code of Ordinances,Section 2-25.
13.2. Administering Oaths and Sworn Testimony
For the purposes of exercising its investigative power or for any other relevant purpose,the
Council may require a witness at any hearing or investigative session to testify under oath.
The oath shall be the same as is used in the Courts of Law of Texas, and shall be
administered by the City Secretary, the presiding officer, or any other person capable of
administering oaths. All testimony provided under oath shall be sworn testimony and
subject to any and all laws related to such testimony. Individuals giving sworn testimony
found to be material and untruthful may be referred to the District Attorney's Office or to
the current Walker County Grand Jury.
13.3. Investigative Procedures in General
The City Council shall conduct investigations pursuant to Section 4.05 of the Charter in a
reasonable manner designed to ensure due process for any subject of such investigations
and to maintain the integrity of the City. The Council shall conduct investigations either
through special sessions, public hearings or executive sessions as allowed by law,the City
Charter or these rules. An investigation may be initiated as an agenda item during a
regular or special session, but the investigation itself should not be conducted during
regular Council meetings.
Rules of Procedure 23 July 7,20091.,enr 1,11.v 15 ?U1.1_
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 24-/1-7x/200611
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 filled,
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 2--/1-75/200611
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 21/1-75/200611
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
j 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
See Organizing Meeting.
Media
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 2--/1-75/200611
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 24-/1-75/200611
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 24-/1-75/200611
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 24-/1-75/200611
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 Hall Meeting
An informal community meeting sponsored by a� councilmemberUs #6r-
wal.Id, of- by at least five eouneil iea�txrs....lE 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 B-8 24-/1-7x/200611
City of Huntsville, Texas
ANNEX E
Principal Rules Governing Motions
Can Requires Debat- Amend- Vote Applies to what Can have what other Refes
Order of precedence(1) Interrupt? second? able able required? other motions motions applied to to page
Privileged Motions
1. Adjourn No Yes No(3) Yes(3) Majority None Amend �7
2. Recess No Yes Yes(3) Yes(3) Majority None Amend(3) 75
3. Question Yes No No No None None None 2
Subsidiary Motions
4. Postpone temporarily(Table) No Yes No No Majority(2) Main motion None l}8
5. Close debate No Yes No No 2/3 Debatable motions None 6_5
6. Limit debate No Yes Yes(3) Yes(3) 2/3 Debatable motions Amend(3) 6-22
7. Postpone to certain time No Yes Yes(3) Yes(3) Majority Main motion Amend(3),close debate,limit debate 55-8
8. Refer to committee No Yes Yes(3) Yes(3) Majority Main motion Amend(3),close debate,limit debate
9. Amend No Yes Yes Yes Majority Rewordable motions Close debate,limit debate,amend 47
Main Motions
10. a. The main motion No Yes Yes Yes Majority None Restorative,subsidiary
b.Restorative main motions
Amend a previous action No Yes Yes Yes Majority Main motion Subsidiary,restorative -,46
Ratify No Yes Yes Yes Majority Previous motion Subsidiary 3-7
Reconsider Yes Yes Yes(3) No Majority Main motion Close debate,limit debate 38
Rescind No Yes Yes No Majority Main motion Close debate,limit debate 42
Resume consideration No Yes No No Majority Main motion None 44,
INCIDENTAL MOTIONS
Can Requires Debat- Amend- Vote Applies to what Can have what other Ref f
No Order of precedence Interrupt? second? able able required? other motions motions applied to to image
Motions 83
Appeals Yes Yes Yes No Majority Decision of chair Close debate,limit debate
Suspend rules No Yes No No 2/3 None None 94
Consider informally No Yes No No Majority Main motion None 4-2,8
Requests
Point of order Yes No No No None Any error None
Parliamentary inquiry Yes No No No None All motions None 90
Withdraw a motion Yes No No No None All motions None 9=4
Division of a question No No No No None Main motions None 96
Division of assembly Yes No No No None Indecisive note None 99
(VOTES:
(l) Motions are in order only if no motion higher on the list is pending. Thus,if a motion to close debate is pending,a motion to amend would be out of order;but a motion to recess
would be
in order,since it outranks the pending motion
(2) Requires two-thirds vote when it would be in order,since it outranks the pending motion.
(3) Debatable if no other motion is pending.
(4) Withdraw may be applied to all motions.
(5) 1'age17 •.lei=o Pewliamewarr=Pire; 4",1"eiitifn Rel'erenee document will he most recent edition of h'vhc>ri's Rubs of Order Aevi-1}-Revised(issued
in odd-numbered years)
Rules of Procedure E 11/17/2006
City of Huntsville, Texas