RESOLUTION NO. 7213

A RESOLUTION OF THE CITY OF LAWRENCE, KANSAS, ESTABLISHING RULES AND PROCEDURES GOVERNING MEETINGS OF THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS.

WHEREAS, the Governing Body of the City of Lawrence, Kansas, is committed to effective governance and professional administration;

WHEREAS, the Governing Body recognizes that rules and procedures governing meetings of the Governing Body will assist the Governing Body in achieving those goals and in conducting the business of the City in a more efficient manner; and

WHEREAS, the Governing Body finds that it is, therefore, in the best interest of the City to outline certain rules and procedures governing meetings of the Governing Body to ensure equity, transparency, and efficiency.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1:   MEETINGS; GENERAL RULES.

(a)        Meetings to be Open to the Public. In accordance with the Kansas Open Meetings Act of 1972, codified as amended at K.S.A. 75-4317 et seq., all meetings of the Governing Body shall be open to the public. From time to time, as may be necessary, the Governing Body may, in accordance with state law, recess into a closed or executive meeting.

(b)        Regular Meetings. The Governing Body conducts regular meetings on the first, second, and third Tuesdays of each month -- except that in January the regular meetings will be the first and third Tuesdays and the second Monday. At its discretion, the Governing Body may, at any preceding public meeting, by an affirmative vote of a majority of the members of the Governing Body present and voting, suspend any regular meeting, change its date or time, or move its location.

(c)        Special Meetings. A call signed by a majority of the members of the Governing Body shall be sufficient warrant for a special meeting. Special meetings shall be open to the public.

(d)        Work Sessions. The Governing Body may designate any regular meeting as a work session. During work sessions, the Governing Body shall take no binding action and may decline to take public comment. Work sessions shall be open to the public.

(e)        Quorum. A quorum is required before the Governing Body may take any binding action. Three members of the Governing Body shall constitute a quorum. No ordinance shall be passed except upon an affirmative vote of three members of the Governing Body.

(f)        Mayor to Preside. The Mayor shall preside at all meetings of the Governing Body. If the Mayor is absent, incapacitated, or otherwise unable to perform his or her duties, then the Vice-Mayor shall be the presiding officer.

(g)        Right to the Floor. Any member of the Governing Body wishing to speak shall first be recognized by the presiding officer. If a particular item is being considered by the Governing Body, then members of the Governing Body are encouraged to confine their remarks to the item then under consideration.

(h)        Decorum. Members of the Governing Body are encouraged to act with decorum and to address each other and the public with respect. During a meeting, it shall be the duty of the presiding officer to preserve order and decorum. Any member of the Governing Body engaging in disruptive behavior that interferes with the Governing Body’s ability to conduct the business of the City may, after a warning, be subject to removal from the meeting.

(i)         Questions of Order. The City Clerk, or his or her designee, shall answer all questions of order which may arise during a Meeting.

(j)         Photography; Recording. Persons may take photographs and may make audio or video recordings of any open public meeting, but said activities shall neither disrupt the meeting nor interfere with the Governing Body’s ability to conduct business.                      

(k)        Sound Emitting Devices. Persons attending meetings are encouraged to silence or mute any device or instrument capable of emitting an audible sound or tone before entering the meeting room.

SECTION 2:   SAME; AGENDA

(a)        Agendas Made Available to the Public. If the City prepares an agenda for a regular meeting, special meeting, or a work session, then the agenda outline coversheet shall be made available to the public.

(b)        Order of Business, Amended or Suspended. By a majority vote of the members of the Governing Body present and voting, the order of business established by any agenda may be amended to add or delete items as appropriate, may be amended to rearrange items as appropriate, or may be suspended in its entirety to consider other matters as appropriate. The Governing Body may recess into a closed or executive meeting, in accordance with state law, at any time during the course of any meeting.

(c)        Consent Agendas. If the City prepares an agenda and identifies a portion of the agenda as the consent agenda, then all items listed on the consent agenda, unless removed from the consent agenda, will be considered under one motion and will be approved by one motion. If discussion is desired on an item on the consent agenda by a member of the Governing Body or by a member of the public, then that item will be removed from the consent agenda and will be considered separately.

SECTION 3:   SAME; PROCEDURE

(a)        General Order of Business. Generally, each item considered by the Governing Body will proceed as follows:

(1)        The presiding officer introduces the item. If the item involves the exercise of a quasi-judicial authority, then members of the Governing Body disclose any ex parte communications.

(2)        City staff and/or the applicant/appellant presents the item and makes a recommendation to the Governing Body.

(3)        The Governing Body directs questions, if any, to City staff and/or the applicant/appellant.

(4)        Upon the request of the presiding officer, the Governing Body receives public comment. (See Section 5, infra).

(5)        City staff and/or the applicant/appellant responds to public comment and makes closing comments, if any.

(6)        The Governing Body discusses, debates, and deliberates on the item.

(7)        The presiding officer calls for a motion on the item.

(8)        The presiding officer calls for discussion on the motion, if any.

(9)        The presiding officer calls for a vote on the motion and announces the result of the vote to the City Clerk and the public.

(b)        Amendments to General Order of Business. At its discretion -- but only to the extent that it does not contravene due process -- the Governing Body may amend, may rearrange, may suspend, or may supplement the foregoing general order of business to meet the needs of the Governing Body with respect to the item being considered.

SECTION 4:   SAME; MOTIONS

(a)        Action by Motion. Except in those cases where state law does not require action to be taken by motion, no action may be taken by the Governing Body except upon a motion.

(b)        Seconds to Motions. Before a motion may be considered by the Governing Body, it must receive a second from a non-moving member of the Governing Body. If there is no second to a motion, then the motion dies without a second and may not be considered by the Governing Body.

(c)        One Motion. Only one substantive motion may be pending on the floor at any one time. A motion must be withdrawn or advanced to a vote before another substantive motion may be introduced.

SECTION 5: SAME; PUBLIC COMMENT.

(a)        Addressing the Governing Body. Persons making public comment are encouraged to sign in on the form provided for such purpose and to state, for the Governing Body and the public, their names and addresses. Persons making public comment shall address all comments and questions to the Governing Body.

(b)        Time Limits. Public comment will be limited to three minutes. The City Clerk may utilize a timing device to help with the fair and transparent measurement of time. The City Clerk will notify the Mayor when the allotted time has elapsed. The presiding officer shall have the duty of enforcing the time limit. Requests for additional time may be granted at the discretion of the presiding officer. Time may not be transferred from one member of the public to another.

(c)        General Public Comment. When the presiding officer asks for General Public Comment, persons are encouraged to speak on items that are not scheduled for discussion on any agenda prepared for that meeting. As a general practice, the Governing Body will not discuss or debate those items, nor will the Governing Body make decisions on items presented during General Public Comment.

(d)        Other Public Comment. When public comment is sought on an item being considered by the Governing Body, persons may comment on that particular item at that time. Persons will be limited to addressing the Governing Body one time on that particular item, unless otherwise allowed by the presiding officer.

(e)        Decorum. Members of the public are encouraged to act with decorum and to address the Governing Body and each other with respect. It shall be the duty of the presiding officer to preserve order and decorum. Any member of the public engaging in disruptive behavior that interferes with the Governing Body’s ability to conduct the business of the City may, after a warning, be subject to removal from the meeting.

(f)        Communication with the Governing Body. Nothing in this section shall be construed to limit a person’s ability to contact members of the Governing Body about matters of public concern.

SECTION 6.   EFFECTIVE DATE.

This Resolution shall be in full force and effect from and after August 1, 2017.

ADOPTED by the Governing Body of the City of Lawrence, Kansas, this ____day of July 2017.

APPROVED:

___________________________________

Leslie Soden

                                                                                    Mayor

ATTEST:

__________________________________

Sherri Riedemann

City Clerk

APPROVED AS TO FORM:                   

__________________________________                      

Toni R. Wheeler                                                        

City Attorney