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Resolution 292RESOLUTION NO. 292 A RESOLUTION OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING RULES OF PROCEDURE FOR CONDUCT OF COUNCIL MEETINGS. WHEREAS, it has been determined by the City Council that more formal rules of procedure are necessary for the efficient and orderly conduct of public meetings, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, that the rules of procedure attached hereto;. identified as Exhibit A and incorporated in full by this reference are hereby adopted as the rules of procedure for all meetings of the City Council of the City of Edmonds, Washington. RESOLVED this 5th day of February , 1974. APPROVED: MAYOR ATTEST CITY CLERK PASSED BY THE CITY COUNCIL: February 5, 1974 FILED WITH THE CITY CLERK: February 1, 1974 A. GENERAL RULES OF PROCEDURE. 1. Obtaining floor. Before a member can make a motion or address the body upon any question, it is necessary that he obtain the floor by being recognized by the chairman. If two or more members shall request the floor at the same time the chairman shall recog- nize the first member requesting recognition. 2. Second. When a member obtains the floor and makes a motion, that is in order, the chair should immediately inquire if the motion is seconded; if sec -. onded the maker of the motion should then be regarded as having the refusal of the floor in preference to all other members. 3. Modification of motion. Before any subject is open to debate it is necessary, first, that a motion be made by a member who has the floor; second, that it be seconded; and third, that it be stated by the chairman. This does not prevent suggestions of alterations, be- fore the question is stated by the chairman. The chair- man may consult the members before stating the question to clarify the motion. The member who offers the motion, until it has been stated by the chairman, can modify his motion, or withdraw it entirely; after it is stated he can do neither, without the consent of the body (major -. ity) . For example, the mover, may state, "With the con- EXHIBIT A sent of the body I will modify my motion to state as follows, * * *" If no one objects it shall be deemed that he has the consent of the body to modify his. motion. When the mover modifies his motion, the one who seconds-it can withdraw his second. 4. Stating the question. After a question has been stated by the chairman, it is in the.possession of the body for debate; the mover cannot withdraw or modify it except by obtaining leave from the body as just described, or by moving an amendment. 5. Withdrawal or substitution of motion.` When a question is before the body and the mover wishes' to withdraw or modify it, or substitute. a different one in its place, with consent of. the body, the chairman shall grant permission; if any objection is made, it will be I ecessary to obtain leave to withdraw by a motion for that purpose. This motion cannot be.debated cr amended., When a motion is withdrawn, the effect.is the same as if it had never been made. 6. Abstention from voting. Any member may abstain from voting on any question, provided, at the time of declarinq his abstention he shall state the reason. 7. Standing to cmiestion procedures. These rules shall govern the parliamentary procedures of the members and by the members only. Procedures may be questioned only by members of the body, and then only in accordance with these rules. The decision of the chair will be final and conclusive as to all-, subject, only.to a motion by a member of the body, duly and timely made, in which case the ruling of the body shall be final and conclusive. Nothing in these rules will be construed to prevent the chairman or a member from requesting aid in the inter- pretation of these rules or other matters from the City staff or'cfficials. 8.. Precedence.. Motions having precedence are those that may be made while another motion is pending. .9. To -yield. Motions yield when they are pending and another mai.ter can be considered while the yielding motion still pends. LO. Applied. %here a motion can have no subordinate motion applied to it, the fact is stated. For example, the motion to continue may not be applied to the motion to 13y on the table. 11. Debate. Debate shall not take place until the. chair has stated the question. Debate shall be limited to the immediately pending question, except that the main question is also open when the following motions. are pending; postpone indefinitely,.or reconsider a. debatable question. 12. Putting the question. When the debate appears to have closed the chair will ask,. "Are you ready for the question ?" If no one asks for the floor he shall put the question to vote, making it clear what the question is. .13. Majority. A majority of those present shall constitute a majority of the body assuming a quorum is present.. The chairman has the tie breaking. vote, B. SPECIFIC RULES OF PROCEDURE. The following motions are permissible in considering any matter on the agenda, and unless otherwise specified shall rank in precedence and application as set forth numerically below. 1. UNDEDHTABLE MOTIONS. a. Question of order and appeal.. A question of order takes precedence of the question giving rise to it, may be put when another member has the floor, needs no second, and must be decided by the chairman without debate. If a member objects he may appeal, which if seconded, will immediately be put to the body. An. appeal is waived if riot made immediately.. On a.ppeal the decision of the chair is sustained on a tie vote. b. Suspension of rules. This motion may not be amended, nor another motion be applied to it, -4- nor a vote on it reconsidered. Rules of the body may not be suspended except for a definite and specific purpose and by a vote of one more than a majority present. Nothing else may be done under the suspension. It may not be renewed at the same meeting if once defeated. It.shall be in order to change the order of the agenda without suspending the rules. No rule can be suspended when the negative vote is as latge as the minority protected by that rule. c. To -lay on the table. This motion may not be used for purposes of continuance of a matter which has been specially called for pub- lic hearing, which is done by a motion to con -- ti.nue. It may not be amended nor an affirmative vote on it be reconsidered. If carried the subject tabled may not be considered again until the body votes to take.it from the table, which motion.is also undebatable. The object of the motion is to postpone the subject in such a manner that it can betaken up at any time, either at the:same.or some future meeting. It may be used to supress a question for that meeting, but not for a matter for which a public meeting has been specially set. The effect of the motion is to place on the table everything that adheres to the subject, so'that.if an amendment be ordered to-lie on the table, the subject which it is proposed to amend is also tabled. However, it may be limited to the par- ticular pending matter and if so.adopted the. remaining matters shall still be before the body. After demand for the previous question up . to the time of taking final action under it, it is in order to.move that the main question be laid.on the table. Passage requires the vote of one more than a majority of the members present. d. The previous question. This motion is not amendable and applies-to any debatable question, but is not debatable itself. It re- quires the vote of one more than a majority of the members present for its adoption. When called,..and seconded, the.chair shall immediately put the question.. If the motion fails to carry by a majority plus one of the members.present, the debate will continue as if the motion had not been made. If adopted the chair shall immed- iately bring the body to vote upon ,the pending question. If applied to an amendment to a pending k question it brings to a vote not only the motion to amend but also the question to be amended. However, the motion for the previous question may be limited.to the pending amendment, and, if adopted, debate will be closed only to the motion to amend. It shall be proper for a member to submit a. motion and move the previous question thereon ..and thus cut off debate on the motion. In this case the chair shall first put the motion for previous question to vote. 2. DEBATABLE MOTIONS. a. Continue to a certain day. This motion yields to all undeb.atable motions, and take precedence of all other debatable motions, except that it may be amended by altering the time, and the previous question can be applied to it with- out affecting any other motions pending. b. To commit or refer. This motion is to commit or refer a matter to a committee.- It can be amended by altering the committee, or giving the committee instructions. The debate on the motion opens .the debate on the main question it is proposed.to commit. c. To amend. This motion takes precedence 7- over nothing but the question to which it is proposed to amend and yields to all questions except to postpone indefinitely. It can be applied to all but undebatable questions, an amendment of an amendment, to postpone indef- initely or to reconsider. It can be amended itself, but an amendment of an amendment cannot be amended: An amendment may be inconsistent with the one already adopted,.or.may be directly in conflict with the spirit of the original motion, but it must have a direct bearing upon the'subject of that motion. A motion to amend by inserting new words once passed may not be the subject matter. of a new amendment to change the same words. The proper motion is the motion to reconsider the vote by which the words.were inserted. A motion.to amend may be made to "divide the question" into two or more questions as the mover specifies, so as to get a.separate vote on any particular point or points.. ..d. To oostnone indefinitely. This motion takes precedence of nothing.except the question to which it is .applied and yields to all motions except to,amend. It cannot be amended,.and opens _gam to debate the entire question which it is proposed to postpone. Its effect is to entirely remove the question C rom the body for that session. The previous question, if ordered when this motion is pending, apiilies only to it without .-effecting the main question. It cannot.be applied to a mater that has been specially set for public hearing. A negative vote on it cannot be reconsidered. e. Princioal auesti"on. The main or principal question is a motion to bring before the body for its consideration any particulDr subject. No principal motion can be mare when any other motion is before the body. it takes precedence over nothing and .yields to all. C. MISCET,LrAtiFU?S MOTIONS. 1. To rescind. This motion cannot h*-, male for a matter Lhat has been voted upon. for which a matter has been sc:ecially called . for public hearing. _Iowever, for other matters to wllictl: it is appropriately addressed,, as wner it is too late to reconsider the vote, `:.e motion is the course to pursue. to rescind an objectionable policy, order or motion; it is debatable. 2. T reconsider_ This motion is not in order after the t "oc?y :.as voted. upon the principal question which is -9- the subject matter of a specially called public hearing unless made itrunediately after thereon and before any mem- ber of the public has left the public hearing. It is otherwise in order at any time, even when another member has the floor, but not after that session has adjourned. It must be made by a member who voted with the pre- vailing side. It. can be applied to the vote of every other question, except as Noted above, and except to suspend the rules and an affirmative vote to lay on the table or to take from the table. The moItion may not be amended. Whether. or not it is debat -i;le dez.ends upon whether the question to be recon- sidereal is debatable, or undebatable. It may be laid on thc: table, in which curse, the reconsideration, like any cther question, can be taken from the table. 3. Fall caLt.. Any Member may demand a roll call vote any time before or after any question is put. The demand nea.ls no second and the.chairman must ask for a roll call vote on demand. It is not debatable and may be apPIieel tc.. anv question. It is waived if after the vote it -is not..irmediately made and prior to the next matter. beinq considered. .10 plus one x * Cannot be amended z • x Cannot be C C reconsidered Cannot be made on specially set hearings C: b •-3 x ro ro v n on > PC to 1 0 00 o (D cn r ►y o 9 o c ;, n n a, C > M r- r) . cn C 1 N• O rt O L7 N • r Y~' (D 0 G °, o rt E-.. rti r{ Y• Tn G N• '3 rf ' :3 r fr N plus one x * Cannot be amended z • x Cannot be C C reconsidered Cannot be made on specially set hearings SUGGESTED FORMS 1. UNDEBATABLE MOTIONS a. Question of order. Me ^icier : "I raise a point of order." Chair: "State your point of order." Member: States his point of order Chair: Ruling by the chairman, who may give reasons. Member: "I appeal from the ae cision of the chair." Chair: (If seconded) "Shall the decision of the chair stand as the decision of the body? b. Susnensicn of rules (majority i3lus one) Member: "I move to suspend the rules requiring.,.. c. To Lay on table (majority plus one) Member: "I move to lay the question (stating it) on the table." Member: "I move to take the question (stating it) from the table." d. Previous Question (majority 21us one) Member: "I call (demand. or move) for the previous question." Chair: (If seconded. "Shall the main question be now put ?" Member: "I ca 11 for the previous question on the amendment." Chair: (If seconded) "Shall the question be now put on the amendment ?" 2. DEBATABLE MOTIONS a. Continue _to a certain day (majority) Member: "I move to continue the question of (stating it) to the next regular for recessed) meeting of (date) . NOTE: (1) Zoning matters must be decided and re- ported by the planning commission within 90 days of.the application. (2) Plats and subdivisions must be approved, disapproved or returned to applicant for mod - ification or correction within 60 days fro.n date of filing, unless applicant .files written consent for longer period in which to act. b. To commit or refer (majority) Member: "I move to refer the subject to a committee." c. To amend (majority) Member: "I move to amend the motion to 'add`, or 'insert', to 'strike', to 'strike out and insert ', to 'divide the question' (into two or more.questions), etc." d. To postpone indefinitely (majority) Member: "I move to postpone the question indefinitiey. -2 •- e. Principal question (majority, unless otherwise indicated) Member: "I move that . [REZONE] "...proposed Ordinance No. 1234 be passed." [REZONE DENIED] "...Planning Commission Resolution No. 123 be affirmed and.the requested rezone denied." [AMENDMENT TO "...proposed Ordinance No. 1234 COMPREHENSIVE be passed." PLAN] [DENIAL OF "...Planning Commission AMENDMENT TO Resolution No. 123 be affirmed COMPREIENSIVE and the--requested amendment to PLAN] the comprehensive plan be denied." [LID - RESOLUTION "...proposed Resolution of OF INTENTION] Intention No. 123 be passed establishing the public hearing on the day of , 196 NOTE: If health issue, must be passed unanimously. [LID- ORDINANCE "...that proposed Ordinance No. FORMING LID] 1234 be passed." NOTE: If health issue,.must be passed unanimously. [STREET "....that the public hearing on the VACATION -SET proposed street vacation be fixed HEARING DATE] on the day of 196 and that proposed Resolution No. 123 be passed." NOTE: Date must be not less than 20 nor more than 60 days from the date of passage of Resolution. [STREET "...proposed Ordinance No. 1234 VACATION- be passed." APPROVAL] [STREET "...the proposed'street vacation be. VACATION- DISAPPROVAL]. [ANNEXATION - "...a public meeting be set with the RECEIPT OF iniating parties to determine whether INTENTION TO the city will accept the proposed ANNEX BY 10%] annexation and.whether it shall.:. require the assumption of existing city indebtedness by the area to be annexed for the day of , 196 " NOTE:. Must not be more than 60 days after the filing of the request. [ANNEXATION- " ..a public hearing be set for RECEIPT OF the day of 196 PETITION FOR for the hearing on the proposed ANNEXATION -75 %] annexation." [ANNEXATION- "...that proposed Ordinance No. FINAL APPROVAL) 1234 be passed." [ANNEXATION- "...that the proposed annexation FINAL DENIAL) be denied." 3. MISCELLANEOUS MOTIONS. a.. To rescind (majority) Member: "I move to rescind that motion, policy, etc." b. To reconsider (majority) Member: "Having voted on the prevailing side, I move that we reconsider the vote on the motion to (stating it) and have such motion. entered on the record." c. Roll call (any member) Member: "I demand a roll call vote." No second needed. Chairman: "The secretary will please call the roll."