Chapter 2.05 COUNCIL MEETINGS

Meetings of the city council, except where otherwise authorized to be closed by law, shall be conducted in an open and public meeting consistent with Utah law. [Ord. 06-103 § 1, 2006.]

2.05.020 Mayor to conduct.

The mayor of the city, or in his absence the designated chairman of the meeting, shall conduct the meetings of the city council and set the agenda for the meeting. [Ord. 06-103 § 2, 2006.]

2.05.030 Opening ceremony.

The city council shall, at the beginning of its meeting, have an opening ceremony including a pledge of allegiance to the flag and a prayer, invocation, or uplifting thought. [Ord. 06-103 § 3, 2006.]

2.05.040 Right to speak.

Only the elected officials of the city have a right to speak at regular business meetings of the city council. [Ord. 06-103 § 4, 2006.]

2.05.050 Leading opening ceremony.

The elected officials, on an equal and rotating basis, shall be afforded the opportunity to lead the pledge of allegiance and to offer an opening prayer, invocation, or uplifting thought. [Ord. 06-103 § 5, 2006.]

2.05.060 Members of the public.

Members of the public in attendance at the public meetings of the city council are invited to hear and observe the discussion, deliberations and decision making of the city council. [Ord. 06-103 § 6, 2006.]

2.05.070 Members of the public – Audience.

Those members of the public desiring audience at a city council meeting may request to be placed upon the agenda of the city council to speak concerning the business before the council and must identify the issue of city business for which they wish the city council to take action. [Ord. 06-103 § 7, 2006.]

2.05.080 Meeting agenda.

The setting of the agenda and placement of an item on the agenda is within the discretion of the mayor; provided, that an item may be placed upon the subsequent agenda of the council by majority vote of the council. [Ord. 06-103 § 8, 2006.]

2.05.090 Orderly conduct required.

Those persons in attendance at city council meetings must not speak or act or otherwise behave in a manner that disrupts or interferes with the orderly conduct of the business of the city council. [Ord. 06-103 § 9, 2006.]

2.05.100 Input from public.

The mayor or chairman of the meeting may, in his or her discretion, call for input from a member of the public in attendance at a meeting or may, in its discretion, call upon a person in attendance at a meeting wishing to provide input. [Ord. 06-103 § 10, 2006.]

2.05.110 Right to speak restricted.

No person, other than an elected official of the city, shall be deemed to have any right to speak at a regular business meeting of the city council. [Ord. 06-103 § 11, 2006.]

2.05.120 Opening ceremony not to discriminate.

No person other than an elected official of the city shall be offered an opportunity to present or participate in the opening ceremony of the council meeting. The offering of an opportunity to lead the pledge of allegiance or offer the prayer, invocation or uplifting thought shall be afforded equally to each elected official of the city and the prayer, invocation or uplifting thought shall not proselytize nor either promote or discriminate against a particular religious belief or thought or lack thereof nor indicate a preference for any religious group or organized religion in general. [Ord. 06-103 § 12, 2006.]

2.05.130 Intent of opening ceremony.

It is the intent of the city that those participating in the ceremony of the city council meeting shall do so in a manner that recognizes the solemnity and importance of the decisions to be made, that promotes a sense of working together to conduct the public’s business for the public good and that focuses the thoughts of those in attendance on the faithful performance of the duties of the mayor and members of the city council. [Ord. 06-103 § 13, 2006.]

2.05.140 Agenda topics.

The authorization of a person to be on the agenda shall be granted without regard to the person’s religious or nonreligious beliefs; however, it is the intent of the city council that those matters placed upon the agenda be related to issues and concerns which are legitimately before the city and as to which the city council has responsibility, authority and jurisdiction to act. [Ord. 06-103 § 14, 2006.]

2.05.150 Appropriateness of issues.

So that the time and resources of the city officials and others are not wasted, those wishing to speak to the city council regarding matters not directly related to the conduct of the city council’s business will not be accommodated at a city council meeting. Persons with issues or concerns relating to particular individuals or other matters that should better be handled administratively will be referred to the proper procedure for addressing the concern or complaint. Generally, administrative remedies should be exhausted prior to requesting that a matter be brought before the city council for consideration. [Ord. 06-103 § 15, 2006.]

2.05.160 Disruption prohibited.

No person shall be allowed to engage in speech or conduct in a public meeting of the city council which is obscene or promotes violence or hatred toward any individual or group or which either promotes or disparages the religious beliefs or lack of religious beliefs of any person or which is otherwise inappropriate or disruptive of the purpose of the meeting. Any member of the public engaging in conduct which is disruptive of the meeting may be ruled out of order by the mayor or chairman of the meeting and requested to leave. Any person may be expelled by two-thirds vote of the city council. Disruption of a public meeting may also constitute a criminal offense which may be referred to the police department or prosecutor for action. [Ord. 06-103 § 16, 2006.]

2.05.170 Public hearings.

On those occasions when a public hearing is called before the city council, persons in attendance will be afforded the opportunity to speak to the matter of the public hearing in accordance with the rules of procedure and order of decorum established by the city council. Otherwise, meetings of the city council are declared not to be unlimited public forums but rather meetings of the elected officials of the city that are conducted in a public setting. [Ord. 06-103 § 17, 2006.]

2.05.180 Violation – Penalty.

Willful or intentional disruption of a Naples City council meeting is declared to be a class B misdemeanor subject to penalty of up to six months in jail and/or a fine of $1,000, or both. [Ord. 06-103 § 18, 2006.]

Article II. Rules of Order and Procedure

2.05.190 Adopted.

Pursuant to Section 10-3-606, Utah Code Annotated 1953, the city council, the legislative body of Naples City, adopts the following rules of order and procedure. These rules have been established as a guideline to be used in conjunction with the provisions of the laws of the state of Utah and Naples City’s policies and procedures. These rules are not all inclusive, and do not supersede any state of Utah or Naples City Code. If a conflict exists, provisions of the code shall prevail. For any question on parliamentary procedure the city also subscribes to the simplified version of Robert’s Rules of Order. [Ord. 13-152, 2013.]

2.05.200 Rule I – Meeting schedule – Meeting agenda – Order of business.

(1) The city council shall set the meeting schedule for the year in January of each year; the council shall meet at least once a month per Section 10-3-502, Utah Code Annotated 1953.

(2) No meeting shall be held without a quorum (three council members) present, excluding the mayor.

(3) All provisions of Title 52, Chapter 4, Utah Code Annotated 1953, Open and Public Meetings Act shall be adhered to.

(4) All public meetings before the public body will have an agenda including the date, time and place of each meeting.

(5) Notice of each meeting shall be provided by posting of the agenda pursuant to Title 52, Chapter 4, Utah Code Annotated 1953.

(6) The order of business for a regular meeting is as follows:

(a) Call to order.

(b) Opening Ceremony.

(i) Pledge of Allegiance.

(ii) Prayer.

(d) Approval of agenda.

(e) Declaration of conflict of interest.

(f) Approval of minutes of last meeting.

(g) Agenda Items. Important business that the mayor has previously designated for consideration at this meeting.

(h) Mayor and council reports and assignment updates.

(i) Staff updates.

(j) Future council matters.

(k) Adjournment.

(7) The mayor, by polling the city council members, may, by affirmative consensus, proceed out of order to any order of business or return to an order already posted. [Ord. 13-152, 2013.]

2.05.210 Rule II – General agenda items – Agenda item requests – Timelines for agenda item submittal – Supplementary documentation.

(1) General Agenda Items. Items that shall be placed on agendas for city council consideration include, but are not limited to:

(a) Ordinances. Ordinances are for the purpose of amending the city code, including the general plan and amendments to the zoning map(s). Ordinances as to form and effective date shall conform to Utah Code Annotated as reflected in Title 10, Chapter 3, Utah Code Annotated 1953.

(b) Resolutions. Resolutions are for the purpose of expressing a formal opinion or the will of the city council. Resolutions as to form and effective date shall conform to Utah Code Annotated as reflected in Title 10, Chapter 3, Utah Code Annotated 1953.

(c) Funding. Council authorization is required for project funding and purchases as indicated by the city procurement policy.

(d) Reports to Council. Includes reports from city departments, Uintah service districts, and other entities as requested by the council.

(2) Agenda Request.

(a) Members of the public desiring audience at a city council meeting may make a written request with the city recorder to be placed on the agenda of the city council. The individual must identify in writing the issue of city business which they wish to discuss with the city council.

(b) The establishment of the meeting agenda and placement of an item on the agenda is within the discretion of the mayor; provided, that an item may be placed upon the subsequent agenda of the council by the vote of the city council.

(c) Any request made by a citizen or outside entity to place an item on a regular council meeting agenda, as well as any supplemental supporting documentation, must be received by the city recorder by close of business the Monday prior to the meeting in order to be considered for placement on the agenda of the desired date.

(d) The city recorder reserves the right to postpone a requested date.

(e) In the event such a request is made that can be resolved through administrative channels, such resolution will be attempted prior to requesting that matter be brought before the city council for consideration.

(f) The city recorder will provide a list of requested agenda items to the council that were not placed on the agenda with an explanation of why they were not. The list will be emailed to the mayor and council before the council meeting.

(3) Items from Planning Commission Review. Any issue or agenda item reviewed by the planning commission requiring city council action will be placed on the city council agenda either on the city council meeting following the date of the planning commission meeting or the second city council meeting, whichever streamlines the meeting process.

(4) Request for Electronic Meeting. The city agrees to allow electronic meetings (as defined in Section 52-4-103, Utah Code Annotated 1953) only when a quorum is present at the location of the regularly scheduled meeting and the quorum present votes to approve establishment of an electronic meeting in order to include other members of the city council through an electronic connection. In order to make the necessary accommodations for an electronic meeting, a member of the city council desiring to participate in an electronic meeting shall provide notice of his/her desire to join via electronic connection to the mayor and city recorder no later than three days prior to the scheduled meeting. The city recorder will provide notice of the electronic meeting to the members of the city council at least 24 hours before the meeting so that they may participate in and be counted as present for all purposes and provide a description of how the member(s) will be connected to the electronic meeting. The electronic meeting shall be conducted in full compliance and in accordance with all applicable state and local laws pertaining to such meetings.

(5) Supplementary Documentation. If necessary, documentation and/or a staff report will be provided by the staff to the mayor and city council on each agenda item. Such documentation shall be provided with adequate time for review, no later than 24 hours prior to the meeting. [Ord. 13-152, 2013.]

2.05.220 Rule III – Course of a meeting – Motions and actions.

(1) The mayor shall be the chairperson of the city council and preside over all meetings of the public body. Mayor pro tem shall preside in the mayor’s absence. The mayor shall open discussion and introduce an item on the agenda in the order listed, unless the mayor believes there is good reason to do otherwise, this does not mean the removal of an agenda item but the reorder of the agenda items with the council’s consent.

(2) The meeting shall follow the order of business as established by NCC 2.05.200.

(3) Agenda. The agenda is approved by a single motion. It shall consist of items considered to be routine, items that do not need discussion; a motion to adjourn, a motion to recess, a motion to fix a time to adjourn, a motion to table and a motion to limit debate. The mayor or any council member may request an item be considered as a separate item to allow for brief discussion. Discussion and vote on the item may then be held at any time during the meeting at the mayor’s discretion, subject to subsection (6)(i) of this section.

(4) Declaration of Conflict of Interest. The city council members are required to declare any conflict of interest. Utah Code Annotated requires municipal officers to disclose actual or potential conflicts of interest between their public duties and their personal interests.

(5) Active Agenda. Includes public hearings. Matters appearing on the agenda are usually discussed by the mayor and council prior to any motion being made.

(6) Public Hearing.

(a) Each public hearing will be declared “Open” by motion.

(b) Each participant shall state his/her name and address, prior to addressing the council.

(c) Each participant will be given three minutes to present their comments. The mayor may allow extension of this period at his/her discretion.

(d) An individual will have one opportunity to speak, until all desiring to speak have been heard, thereafter at the discretion of the chair.

(e) Those speaking for or against the matter will alternate, giving fair consideration to each side.

(f) All comments must pertain to the subject of the public hearing; respective comments may be limited by the chair.

(g) A summary of each participant’s comments will be reflected in the meeting minutes.

(h) In the case of an individual disrupting the hearing, any member of the council may request that individual be removed from the meeting. At this time an immediate vote will be taken of the board/commission. With a two-thirds vote affirmative that individual will be requested to leave. In case an individual refuses to leave, law enforcement assistance will be requested.

(i) The public hearing will be declared “Closed” by motion, prior to any vote being taken. The council may conduct discussion after the public hearing is declared closed, prior to the vote being taken.

(7) Nonscheduled Delegation – Public Comment Period. Those individuals who wish to address the council who are not scheduled on the agenda may be given three minutes to present their comments. All provisions of subsection (6) of this section shall apply. No official decisions can be made by the city council at this time, if the matter is not on the agenda.

(8) Mayor and Council Reports and Assignment Updates. The mayor and council members will each have an opportunity to speak on their assignments and items of concern.

(9) Staff Updates. The city manager and other staff will have an opportunity to provide updates and information to the council.

(10) Adjournment. Meeting shall adjourn with or without a motion or vote upon conclusion of business. [Ord. 13-152, 2013.]

2.05.230 Rule IV – Motions and voting.

(1) Motions. “Motions are the means of bringing business before the assembly, disposing of it quickly, and resolving matters of procedure and urgency.” – Robert’s Rules of Order.

(a) A motion brings new business before the council and is made while no business is pending.

(b) A motion needs a second, is debatable, amendable, and takes a majority vote to adopt.

(c) Any council member may make a motion at any time during discussion. Any council member who has had enough of the discussion can at any time also ask the mayor to either move on to the next item (motion to table) or call for a vote on the item. If a majority of the others on the council agree, the mayor shall call for a vote or move on to the next item as appropriate.

(d) A motion to table an item should include specification of a date for future reconsideration. A motion to table an item without specifying a date or circumstance for reconsideration will result in the issue not being placed on an agenda for reconsideration until such time as a new request to address said item is made.

(2) Motion to Reconsider. A motion to reconsider any item requires a majority vote to pass, but there are special rules that apply only to the motion to reconsider. First, is timing. A motion to reconsider must be made at the meeting where the item was first voted upon or at the very next meeting of the city council if the item is properly on the agenda. In addition, a motion to reconsider cannot be made at a special meeting of the council unless the number of members of the council present at the special meeting equals or exceeds the number present at the meeting when the action was approved. Second, a motion to reconsider can only be made by a member who voted in the majority on the original motion. If the motion to reconsider passes, then the original matter is back before the city council, and a new initial motion is then in order. The matter can be discussed and debated as if it were on the floor for the first time.

(3) Voting.

(a) A roll call vote shall be taken and recorded for all ordinances, resolutions, spending money and any action which would create a liability against the city. The roll call vote may be taken by the city recorder, deputy recorder, mayor, or designee.

(b) The minimum number of votes required to pass any ordinance or resolution, or to take any action by the city council, unless otherwise prescribed by law, shall be a majority of the members of the quorum, but shall never be less than three.

(4) Appeal. If the mayor makes a procedural ruling that a member of the city council disagrees with, that member may appeal the ruling of the mayor. If the motion is seconded and after debate, if it passed by a simple majority vote, then the ruling of the mayor is deemed reversed. [Ord. 13-152, 2013.]

2.05.240 Rule V – Ordinances and resolutions.

(1) Municipal power is exercised through passage of ordinances and resolutions.

(2) The city council may pass or deny any proposed ordinance or resolution.

(3) Every resolution or ordinance shall be in writing before the vote is taken. The city council may make amendments to the resolution or ordinance during the meeting before or during the vote.

(4) A resolution is used to exercise only administrative powers.

(5) An ordinance provides for legislative decisions.

(6) Each ordinance and resolution shall be signed by the mayor (or pro tem) along with the city recorder or deputy recorder’s signature to attest that of the mayor. Each document shall also be affixed with the city seal. [Ord. 13-152, 2013.]

2.05.250 Rule VI – Minutes.

(1) Written minutes are the official record of action taken at the meeting.

(2) The written minutes may be approved by general consent vote by the public body at the public body’s next regular meeting and may be amended or corrected by a vote from the council to reflect accurately the business of the meeting.

(3) In the event the public body does not hold a regular meeting within 30 days, the minutes may be approved by a general consent vote taken by electronic communication by the city recorder or deputy recorder; approval may not be granted in this matter and must be deferred to the next regular meeting if a recommendation is made for substantive changes to the minutes.

(4) Work meeting minutes and closed executive session minutes do not require council approval. [Ord. 13-152, 2013.]

2.05.260 Rule VII – Conduct.

(1) All municipal officers must abide by the Municipal Officers and Employees Ethics Act (Section 10-3-1301 et seq., Utah Code Annotated 1953).

(2) Council members are expected to adhere to the standards of conduct set forth in the city’s adopted policies and procedures.

(3) All individuals participating in the public meeting shall demonstrate courtesy and refrain from conduct that disrupts the meeting.

(4) Council members shall avoid situations which could cause a reasonable person to perceive bias or an inappropriate conflict of interest.

(5) Participants shall respect the principles of representative republic, including the recognition that local government is to serve the best interests of the public as a whole, while respecting individual and constitutional freedoms and applicable state laws.

(6) Remarks should be applicable to the question under discussion or debate. The mayor may interrupt the discussion and direct it to return to the original topic.

(7) Anyone speaking shall avoid references to personalities, and avoid questioning motives or interjecting hostile or antagonistic behavior.

(8) The mayor may courteously discourage individuals who interrupt or speak out of turn.

(9) Individuals who are not compliant with the rules of conduct may be ruled by the mayor as out of order, and may be ejected from the meeting if the person willfully disrupts the meeting to the extent that orderly conduct or civility is compromised. [Ord. 13-152, 2013.]

2.05.270 Rule VIII – Conflict of interest.

(1) A general disclosure of possible conflicting interests should be filed with the city recorder upon election.

(2) Each council member is required to make a disclosure in writing and file it with the city recorder.

(3) An oral disclosure must be made in an open meeting to the members of the body immediately before the discussion about the topic involved in the conflict of interest. [Ord. 13-152, 2013.]

2.05.280 Rule IX – Training (reference city policies and procedures).

(1) Training/orientation will be provided to each new mayor or council member by the city manager and city recorder. The mayor or a council member may also be involved in this training.

(2) The presiding officer of the public body shall ensure that the members of the public body are provided with annual training on the requirements of the Open and Public Meetings Act (Section 52-4-104, Utah Code Annotated 1953).

(3) The mayor and council members may attend seminars, meetings, conferences, workshops, and other educational courses when it is anticipated that the training and information received by the officer at such events will benefit the city.

(4) Travel expenses, per diem and mileage shall be paid in accordance with the established Naples City policies and procedures.

(5) The city shall allocate in its annual budget funds deemed appropriate for training and travel expenditures.

(6) Auxiliary Programs. Registration cost for auxiliary programs for the officer’s spouse/partner will be allowable if it has been included in the city budget. [Ord. 13-152, 2013.]

2.05.290 Rule X – Amendment or addition to rules.

(1) Any council member may propose amendments, revisions, or additions to these rules of order and procedure.

(2) Each proposed amendment, revision or addition shall be in written form, and copies shall be provided to each council member.

(3) Consideration of any amendments, revisions, or additions to these rules shall be noticed on a council agenda for consideration and vote by ordinance. [Ord. 13-152, 2013.]