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HomeMy WebLinkAboutCocoa RULES OF PROCEDURE FOR CITY COUNCIL MEETINGS (9.24.13 Adopted Clean)EXHIBIT "A" TO RESOLUTION 2013-99 ARTICLE I PREPARATION AND POSTING OF AGENDAS All ordinances, resolutions, contracts and bids to be submitted to the council shall be given to the city clerk for inclusion in the agenda. The city manager shall provide each council member and the city attorney with a copy of the agenda by the end of Wednesday evening prior to a regularly scheduled meeting. A copy of the agenda shall also be posted on the city hall bulletin board by 5:00 p.m. on Thursday before a regular scheduled meeting and on the City's web site as soon as practicable before said meeting. Additions to the agenda shall be allowed at any time up to the time of the meeting. Additionally, the council members, the city manager, and the city attorney may raise new matters on "report". However, before any action can be taken on any item added or raised up in such manner, the council shall be polled and if any two council members have an objection to that item, then said item shall automatically be placed on the next regular meeting agenda. Items shall only be placed on the agenda by a council member or the city manager. ARTICLE II MEETINGS Regular, special and emergency meetings of the city council shall be scheduled as set forth by the city charter and ordinances. 1 Council meetings shall conclude by 11:00 p.m., unless the council votes, by majority vote, to continue past such time. ARTICLE III QUORUM A majority of members shall constitute a quorum for any meeting of the Cocoa City Council. Although members may attend meetings telephonically or by other interactive electronic technology means due to extraordinary circumstances such as illness, only members physically present at the meeting will be considered for purposes of determining a quorum. If a quorum is not present at the appointed hour of the meeting, the members present may: 1. Reschedule the meeting; or 2. Recess to determine if a quorum will be present within a short period of time; or 3. Adjourn the meeting. If in the process of a meeting, it is determined that a quorum is not present, all business shall automatically stop. The council may: 1. Reschedule the meeting; or 2. Recess to determine if a quorum will be present within a short period of time; or 3. Adjourn the meeting. 2 The names of those members present and their decision shall be recorded in the minutes, stating a quorum was not present and the time set for another meeting. ARTICLE IV PRESIDING OFFICER The presiding officer of the council shall be the mayor, who shall be elected in accordance with the city charter. In addition to the duties prescribed by the city charter, the mayor shall preserve strict order and decorum at all meetings of the council. The mayor shall state every question coming before the council on all subjects and decide all questions of order; subject, however, to an appeal to the council in which event a majority vote of council shall govern and conclusively determine said question of order. The mayor shall sign all ordinances and resolutions adopted by the council during the council's presence. In the event the mayor is absent, all duties of the position of presiding officer shall be vested in the deputy mayor, who shall be elected in accordance with the city charter. In the event the mayor and deputy mayor are absent, all the duties of the position of presiding officer shall be vested in the senior member of the council. The senior member will be the council member with the longest 3 continued service. In the event of equal continued service, the individual receiving the most votes at the general election is the senior member. ARTICLE V CALL TO ORDER The mayor of the council, or in the mayor's absence, the deputy mayor shall take the chair at the hour appointed for the meeting, or within a reasonable time after the hour, and shall immediately thereafter call the council to order. In the absence of the mayor and deputy mayor, the senior member of the council shall call the council to order. If, in the absence of the mayor, the meeting is called to order by the deputy mayor or the senior council member, such interim presiding officer shall immediately relinquish the chair upon the conclusion of the business immediately before the council upon the mayor's arrival. Similarly, if, in the absence of the mayor and the deputy mayor, the meeting is called to order by the senior council member, such senior council member shall immediately relinquish the chair upon the conclusion of the business immediately before the council upon the arrival of the mayor and/or deputy mayor. Except in the case of an emergency, council members shall inform the city clerk, city manager, or city attorney of a pending absence from a council meeting. Failure to do so shall constitute an unexcused absence. 4 ARTICLE VI ORDER OF BUSINESS All meetings of the council shall be open to the public unless otherwise provided by law. Promptly at the hour set by law on the day of each meeting, the members of the council, the city clerk, city attorney, and the city manager shall take their regular stations in the council chambers and the business of the council shall be taken up for consideration and disposition in the order of the agenda. ARTICLE VII MINUTES All actions of the council shall be accurately recorded in the minutes. The clerk to the city council shall record and prepare the minutes and shall be responsible for maintaining the official record and minutes of the council. The minutes shall include all actions of the council. The record shall include the names of the mover and seconder and the vote of the council. The clerk to the council shall not be responsible for maintaining a written record of the discussion or comments made by members of the public. The clerk shall make an electronic tape recording of each meeting except for meetings deemed confidential and exempt from the Sunshine Law (e.g. collective bargaining executive sessions, security meetings, attorney - client sessions) and meetings exempted by city council. 5 A member may request to have his/her comments printed as part of the record. If there are no objections by any member of the council, the comments may be included. If there is an objection to such printing of the comments, the council shall decide the matter by majority vote. However, such member's request to have his/her comments printed as part of the record shall be noted in the minutes. The responsibility for correcting and approving the minutes shall be vested only in the members of the council. Unless a reading of the minutes of the council meeting is requested by a member of the council and approved by a majority of the council, such minutes may be approved without reading. Any council member may move to amend the minutes. If there are no objections by any member of the council, the minutes will be so amended. If there is an objection to such proposed amendment, the council shall decide the matter by majority vote. ARTICLE VIII VOTING All votes shall be taken by requesting those in favor to say "aye" and those opposed to say "no". A tie vote shall cause the motion to be defeated, except as set forth in Article XV(A). The presiding officer shall announce the results of each matter that is decided by the council. Once the presiding officer has announced the 6 decision of the council, no member shall be permitted to change his/her vote as recorded. Council members, who are present at the council meeting, shall be required to vote on all items presented to the council for vote pursuant to section 286.012, Florida Statutes, unless the council member is required to abstain from voting on a particular item because the vote would present a voting conflict of interest in accordance with section 112.3143, Florida Statutes. ARTICLE IX RULES OF DEBATE The presiding officer shall have the right to vote, speak, make motions, and second motions without relinquishing the chair. In the event two or more persons wish to be recognized, the order of recognition shall be: 1. Council members 2. City staff (including the city attorney) 3. All other persons. A member, once recognized, shall not be interrupted when speaking unless it is to call such member to order. If a member, while speaking, is called to order, such member shall cease speaking until the question or order is determined, and if in order, such member shall be permitted to proceed. 7 All discussions shall be made through the chair. In discussion, the remarks made by the council members shall be confined to the motion or matter immediately before the council. In discussion, a member may condemn the nature or likely consequences of a proposed measure in strong terms, but shall avoid attacking the motives of another member. Council members shall also abide by the City Council Rules of Conduct adopted pursuant to Resolution 2002-08, as may be amended. 8 ARTICLE X ADDRESSING THE COUNCIL ORAL COMMUNICATIONS. Any person desiring to address the council shall first secure the permission of the presiding officer and shall state his/her name and address for the record. Such person shall also complete a speaker card on a form prepared and distributed by the City Clerk. The speaker does not have to state his or her address for the record if the address is legibly written on the speaker card before speaking, unless the address is required to be stated on the record for due process purposes such as during a quasi-judicial hearing. If such person is speaking as an authorized representative, such person shall also advise the council of the name of the person, group, business, or organization being represented. All remarks shall be addressed to the council as a body and not to any member thereof, unless permission to do so is first granted by the presiding officer or the council, members of the public shall limit their discussion or comments to no more than three (3) minutes. No questions shall be asked a council member or city official except through the presiding officer. WRITTEN COMMUNICATION. Interested persons may address the council by written communications in regard to a matter then under discussion. 9 READING OF PROTESTS. Interested persons may address the council by reading of protests, petitions or other communications related to matters then being considered by the council. The council, by majority vote, may decline to hear any person who is not a resident or taxpayer of the City, except: 1. When the person is a user of the city's water or sewer system and wishes to be heard on a matter related to the city's sewer and/or water system. 2. When such person is a city employee who wishes to be heard on a matter relating to his/her employment; 3. When such person is serving as an authorized representative for a person who would otherwise be permitted to be heard on the subject matter before the council; or 4. When such person is speaking on a proposition under consideration by the Council for final official action, provided the person is speaking at the appropriate time authorized by these Rules. DELEGATIONS. The council shall set aside up to thirty (30) minutes of each regular meeting for "delegations." Delegations shall immediately follow opening matters, approval of agenda and minutes, and awards and presentations. The purpose of such delegations shall be to allow any person to be heard on any item on the agenda, except the following items: 10 a. Emergency items, meaning an official act that must be taken to deal with an emergency situation affecting the public health, welfare, or safety, if compliance with Section 286.0114, Florida Statutes, would cause an unreasonable delay in the ability of the Council to act; b. Ministerial items, meaning an official act involving no more than a ministerial act, including, but not limited to, approval of minutes and ceremonial proclamations. Ministerial items also include motions or questions of parliamentary procedure that do not result in a final official action of an item before the Council; c. Quasi-judicial items; and d. Public hearing items, where public comments are taken elsewhere on the agenda when the item is presented. In addition, at regular meetings of the council, delegations shall also be for any resident or taxpayer of the city to make his/her views known to the city council upon any subject of general or public interest. Additionally, a city employee shall be permitted to address the council as to matters regarding his/her employment, and a user of the city's sewer or water system shall be permitted to address the council regarding matters related to the city's sewer and/or water system. Each person addressing the council during delegations shall speak for no more than five minutes, unless a lessor or greater time is accorded by a majority vote of the council. 11 If it appears that a matter presented by a speaker during delegations is administrative in nature, and the question or matter raised can be adequately answered or addressed by the city's administrative staff, the council may request, upon proper motion and majority vote, that the speaker refer the matter to the city manager or his designee during normal city business hours. If such a referral is made by the council, the speaker shall have no further right to present that matter at the meeting. If the speaker is not adequately satisfied by the city's administrative staff upon proper referral, the speaker shall have the right to bring the matter in question before the council during the delegations portion of any subsequent council meeting. As provided by these Rules and section 286.0114, Florida Statutes, the council recognizes that delegations is for the purpose of allowing persons to speak on propositions on the agenda for final official action of the council, as well as for other stated purposes of legitimate inquiries and discussion by the public. Delegations is not for the purpose of advancing arguments or repetitious questions concerning matters which the council believes to be closed, which are not propositions requiring final official action of the council or which are not of general public concern. The council shall have the right at any delegations to decline to hear any person or any subject matter upon proper motion and majority vote by the council in accordance with law. 12 PUBLIC HEARINGS IN GENERAL. The city council shall hold a public hearing on second and final reading on every proposed ordinance that comes before the city council for adoption, as provided for in city charter Article III, Section 14, and city code Chapter 2, Section 2-55 and in accordance with Section 166.041, Florida Statutes, or any procedure of general law that supersedes those provisions. The city council shall hold a public hearing on any resolution affecting rates and charges for potable water, reuse water, stormwater, sewer services, and garbage services. All public hearings shall be advertised in a newspaper of general circulation one time in advance of the public hearing, stating the date, time, place, and nature of the public hearing, and the location where further information may be obtained regarding the subject matters to be considered. Advertisements shall comply with the public notice requirements of the Florida Statutes. Further, the proposed ordinance or resolution and notice shall be posted in full at City Hall and the public library for public review in advance of each public hearing. In addition, the ordinance or resolution will be posted on the City's web site as soon as practicable before the public hearing. At the public hearing, the city attorney shall read any ordinance or resolution by title or in full, as required by general law, for the public record, and provide general background to the item. 13 Members of the public speaking on public hearing items, though entitled to be heard by the council, are not entitled to an immediate response by either administrative staff members or council members once the public hearing is closed; however, council discussion may or may not include a response. No question by the public should be addressed directly to any member of the administrative staff. Public debate by individual speakers from the audience on public hearing agenda items shall be limited to three (3) minutes. Representatives of recognized groups shall be limited to ten (10) minutes; and total debate on a single issue shall be limited to thirty (30) minutes. Only one (1) presentation per person per issue shall be allowed. The council reserves the right to adjust these time periods by majority vote in order to ensure the hearing is conducted in an orderly and efficient manner and all persons desiring to speak are afforded a reasonable opportunity to be heard. It shall be the responsibility of any person deciding to appeal any decision made by the city council with respect to any matter considered at a public hearing under this section, to insure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which any such appeal is to be based. QUASI-JUDICIAL HEARINGS. Quasi-judicial matters shall comply with the requirements of law. Interested parties shall at a minimum be permitted to be heard, present evidence, and cross examine witnesses. 14 Decisions made by the city council will be based on competent substantial evidence presented at the hearing and based upon the application of applicable criteria established by law. The strict rules of evidence shall not apply. The following procedure will generally be followed for hearings on quasi-judicial matters: 1. The city attorney shall read any ordinance considered by title for the public record, and provide general background to the item. 2. The administrative staff shall present a summary of the application and its findings or recommendation on that application. 3. The mayor shall declare the public hearing open, inviting any members of the audience to speak to the issue and to present any factual or expert testimony relevant to the matter being considered. 4. The applicant and any expert witness(es) to provide testimony on the matter being considered. 5. Persons presenting evidence and expert testimony may be required to take an oath and be sworn in the following manner by the city clerk or her designee. I (state witness name) swear or affirm to tell the truth, the full truth, and nothing but the truth. 6. Any other persons wishing to speak to the matter may do so and that speaker may supplement his/her presentation by presenting written documentation to the council. 15 Any documentation presented to the council in support of or in opposition to an application shall be offered into the record by submitting a copy of same to the city clerk, who shall keep the documents as part of the record of the proceeding. It shall be the responsibility of the party offering the evidence to make sure that it is received by the city clerk as part of the record. The staff report presented on any application and all applicable city codes shall be deemed part of the record in all applications considered by the council. It shall be the responsibility of any person deciding to appeal any decision made by the city council with respect to any matter considered at a public hearing under this section, to insure that a verbatim record of the proceeding is made, which record shall include the testimony and evidence upon which any such appeal is to be based. It shall further be the responsibility of any such person to insure that the city clerk receives copies of any transcript or evidence. All ordinances adopted by the city council regarding a zoning change shall be recorded in the public records of Brevard County. No zoning change shall become effective until said change has been duly recorded in the official zoning map, signed off by the mayor and attested to by the city clerk. (Reference Appendix A, Zoning, Article VIII, Section I(D)). 10. To the extent necessary, the council may adopt supplemental quasi-judicial rules of procedure which shall apply to quasi-judicial matters consistent with the requirements of law. 11. Ex parte communications by council members will be disclosed in accordance with Resolution 96-1 and section 286.0115, Florida Statutes. 12. By majority vote of the council, the council may continue a quasi- judicial hearing on its own initiative or the request of city staff, the applicant or any interested party in order to allow additional time to gather additional relevant evidence to be presented to the council at a subsequent meeting. 13. By majority vote of the council, the council may direct the city attorney to prepare a proposed order, which will include findings of fact and conclusions of law, for the council to consider as final council official action on a quasi-judicial matter. If such direction is given to the city attorney, the hearing will be continued to another council meeting at which the council will consider adopting the proposed order as presented or modified by council. H. PUBLIC COMMENTS ON PROPOSITIONS AT NON -REGULAR COUNCIL MEETINGS AND ON ITEMS NOT ON THE AGENDA. 1. If a proposition is considered by the council at a meeting which is not listed on the agenda, and consideration shall constitute final 17 official council action, then the Mayor will offer the public an opportunity to speak to that item before the decision is made. However, if final official council action on the proposition will occur at a subsequent council meeting, the Mayor will offer the public an opportunity to speak to that item at the meeting at which the council takes final official action on the proposition subject to the applicable provisions of these Rules. Under this section, the term "proposition" does not include ministerial, emergency and quasi- judicial matters as more particularly described in Section E., a through c, of these Rules. At special, workshop, and emergency council meetings, that do not include a delegations portion of the agenda, the Mayor will offer the public an opportunity to speak to all items on the agenda that constitute a proposition on which the council will be taking final official action. The opportunity to speak will occur either during the delegations portion of the meeting, if any, or at such time the proposition is being considered, but in either event prior to the council taking such final official action. Under this section, the term "proposition" does not include ministerial, emergency and quasi- judicial matters as more particularly described in Section E., a through c, of these Rules. Council workshops are typically scheduled to consider certain items which are not ready for final official action. The public is always 18 welcome to attend, and is welcome to provide comments regarding workshop items to the council and staff outside a meeting. Typically workshops provide the council with an opportunity to discuss the topic of the workshop session among themselves and with city staff. Unless authorized by majority vote of council, public comment will not be heard at workshops, but public comment on workshop items will be taken at the next regular city council meeting following the workshop during delegations and/or at such time final official action is taken by the council on the workshop item. Public comments will not be allowed at meetings that are not open to the public in accordance with the Florida Sunshine law such as attorney -client closed sessions, collective bargaining negotiation sessions, and security meetings. ARTICLE XI DECORUM No person shall be allowed to make impertinent or slanderous remarks while addressing the council. Any person making impertinent or slanderous remarks or who shall become boisterous while addressing the council shall be instructed by the presiding officer to cease making such improper comments or otherwise engaging in improper conduct. If such person fails to comply with such instruction, the presiding officer may have such person removed from council chambers, unless permission to 19 continue and/or remain in council chambers is granted by a 4/5 majority vote of the council. The chief of police, or such member of members of the police department as may be designated by the chief of police, shall serve as sergeant -at - arms for the council meetings. The sergeant -at -arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the council meeting. Upon instructions of the presiding officer, and/or by 4/5 vote of the council, it shall be the duty of the sergeant -at -arms to remove any person from council chambers and take such other action against such person as is lawful and appropriate. ARTICLE XII APPOINTMENTS AND REPORTS OF COMMITTEES AND/OR BOARDS Unless otherwise provided by ordinance or resolution, the council shall make committee or board appointments in the following manner: 1. The presiding officer shall announce that nominations are open for the appointment of persons to such committee and/or board. 2. Each council member shall be afforded the opportunity to make nominations. After each council member has been afforded such opportunity, the presiding officer shall announce that nominations are closed. 3. The council shall then vote on each nominee. (The nominees shall be presented for vote in alphabetical order.) No council member 20 shall be allowed to cast more than one "aye" vote for any single position. When two or more nominations occur for the same position, the individual receiving the affirmative vote of at least three (3) members of council shall be seated. 4. In the event that no nominee receives the affirmative vote of at least three (3) members of the council, the appointment will be deferred to the next regular meeting at which time all council members shall be allowed to submit old or new nominations. This procedure will continue until a nominee receives the affirmative vote of at least three (3) members of the council. Committees/Boards may present their reports to the council in writing or verbally, as may be requested by the council. The council may also receive minority reports. ARTICLE XIII COUNCIL LIAISONS The council may appoint such council member liaisons to the various city boards and committees as it deems appropriate. The purpose of the council member liaisons is to make a report on their activities at the next regular council meeting. ARTICLE XIV MOTIONS A. MAIN MOTION. A main motion shall be a motion whose introduction brings business before the council. A second is required. (A second made by any member shall imply that the member wishes the matter to be 21 discussed, but it does not necessarily mean that the member is for or against the motion.) A main motion requires approval by a majority vote, unless otherwise provided by higher law or unless otherwise provided herein. MOTION TO AMEND. A member may seek to have the main motion amended in one of the following two ways: 1. BY CONSENT OF THE MEMBERS. If the presiding officer requests but receives no objections to the proposed amendment, the main motion will stand as changed (amended). No new second is required. If there is an objection from any council member, a second to the amendment shall be required and a vote taken. There may be discussion to the amendment at that time and a majority vote shall be required to pass the amendment. 2. BY FORMAL MOTION TO AMEND. If a council member makes a formal motion to amend the main motion, a second shall be required and discussion shall follow on the amendment. If an amendment passes, the main motion shall be the motion as amended. If the motion to amend fails, the motion shall be the motion as it was before the amendment was presented. All amendments shall be germane to the main motion. MOTION TO REFER. If the council feels that adequate information has not been given, a council member may move to refer the subject matter to a certain persons(s), committee, or board for more information. A time 22 certain may be included in the motion or it may be open-ended. A motion to refer is only debatable as to whether or not such motion should be referred. A motion to refer requires a second and approval by a majority vote. If the motion to refer fails, the motion shall be the motion on the floor prior to the motion to refer. MOTION TO DEFER TO A TIME CERTAIN. (commonly referred to as a motion to table). A motion to defer to a time certain may be used if the council feels that the motion before them should be considered at a later time or date. Such motion shall not be used to postpone the council's consideration of a matter indefinitely. A motion to defer is only debatable as to whether or not such motion should be deferred, and if so, the length of such deferral. A motion to defer requires a second and approval by majority vote. If the motion to defer fails, the motion shall be the motion on the floor prior to the motion to defer. MOTION TO LIMIT DISCUSSION. If a council member feels that a set period of time for discussion of a motion should be limited, the member may move to "limit discussion". Such motion is not debatable, but does require a second. A vote of 4/5 shall be required to pass a motion to limit discussion. Should only four members of the council be present, a unanimous vote shall be required. CALL THE QUESTION. A council member may "call the question" when such member believes that further discussion is unnecessary. No discussion may be allowed. If there is an objection to calling the question, 23 a vote of 4/5 shall be required to call the question. Should only four members of the council be present, a unanimous vote shall be required. MOTION TO RECONSIDER. If, in the same meeting, new information or changed circumstances make it appear that a different result might reflect the will of the council, a member may move to reconsider the vote. A motion to reconsider may be applied to a vote that was either affirmative or negative and shall propose no specific change in a decision, but simply propose that the motion be reopened for discussion and re -vote. A motion to reconsider may be made by any member, regardless of how such member vote on the original motion. Discussion on a motion to reconsider shall be limited to whether or not the council's prior action should be reconsidered. A motion to reconsider requires a second and approval by majority vote. MOTION TO RESCIND/AMEND PREVIOUSLY ADOPTED ACTION. If a council member wishes to rescind and/or amend an action taken at a previous meeting, a motion to rescind or motion to amend previous adopted action may be used. Discussion of such motion shall be limited to whether or not the council should rescind or amend its prior action. A motion to rescind/motion to amend previously adopted action shall require a second and approval by a majority vote. Such motion shall be out of order if action has been taken as a result of the prior council vote. ARTICLE XV INCIDENTAL MOTIONS 24 POINT OF ORDER. A council member may call for a point of order if such council member believes that the presiding officer has failed to notice a breach in the rules. The presiding officer shall make a ruling on the point of order raised. If a council member believes that the presiding officer has improperly ruled on the point of order, the council member may appeal the presiding officer's decision to the entire council. Such appeal requires a second and is debatable after the presiding officer has been given the opportunity to explain the ruling. A tie vote shall sustain the decision of the presiding officer. MOTION TO DIVIDE. If a motion presented contains two or more parts capable of standing as separate questions, a council member may move to "divide the motion". Discussion on a motion to divide should be limited as to why the prior motion should be divided. A motion to divide requires a second and approval by majority vote. WITHDRAWAL OF MOTION. Once a motion has been moved and seconded, it belongs to the entire council and not to the maker of the motion. Therefore, a council member may only have his/her motion withdrawn as follows: 1. The council member may advise the presiding officer that such council member wishes to have the motion withdrawn. The presiding officer shall ask the council if there are any objections to the motion being withdrawn. If there are no objections, the motion shall be withdrawn. (A seconder does not need to withdraw the second to the motion.) If there is 25 an objection to the withdrawal of the motion, then an official vote shall be taken or a member may move to withdraw the motion. Brief discussion on the desire to withdraw the motion shall be permitted. If the motion to withdraw is approved by majority vote, the prior motion shall be withdrawn. If the motion to withdraw fails, the prior motion shall remain on the floor. Once a motion is withdrawn, either by general consent or by vote, such motion shall be struck from the record and shall not be recorded in the official minutes. MOTION TO ADJOURN. A motion to adjourn is not debatable except to the extent that such motion shall contain a time to hear any non - completed items on the agenda. A motion to adjourn requires a second and approval by majority vote. MOTION OF PRIVILEGE. If any matters occur such as to impede a council member not to be able to attend to the business before the council, i.e., excessive noise, non-functioning microphones, uncomfortable room temperature, etc., such council member may state to the presiding officer that he/she has a question of privilege. Such question of privilege shall be addressed before the pending business of the council continues. No vote is required unless a motion arises out of the question of privilege. RECESS. A recess may be taken as it appears on the agenda, at the request of the presiding officer if there are no objections, or by majority vote of the council. A motion for recess requires a second, and is debatable. 26 ARTICLE XVI PRIORITY OF MOTIONS Motions shall take precedence in the order in which they are listed below: 1. MAIN MOTIONS (Motions to reconsider, rescind, and amend previously adopted action shall have the same rank as a main motion. 2. AMEND 3. REFER 4. DEFER TO A TIME CERTAIN 5. CALL THE QUESTION 6. RECESS 7. FIX A TIME CERTAIN 8. ADJOURN The following incidental motions shall be decided immediately before business shall proceed: 1. POINT OF ORDER (and any appeal from a presiding officer's ruling thereon). 2. MOTION TO DIVIDE MOTION 3. MOTION TO WITHDRAW 4. MOTIONS OF PRIVILEGE 27 ARTICLE XVII AMENDMENT TO RULES The rules may be amended by a 4/5 vote of the council at a regular meeting or special meeting, provided notice of such proposed amendments has been given to each council person prior to such meeting. ARTICLE XVIII SUSPENSION OF THE RULES OF PROCEDURE These rules may be temporarily suspended at any time by 4/5 vote of the council. No action taken by the council shall be deemed void or invalid by reason of the failure to adhere to these rules. ARTICLE XIX CAMPAIGN -FREE ZONE The City Council chamber is hereby declared a campaign -free zone and visible campaign materials and speeches shall be prohibited in the chamber during City Council meetings. Standard size (approximately 2 inches by 4 inches) candidate name badges are permitted. ARTICLE XX SAVINGS CLAUSE The failure of the City Council or Mayor to abide by any of the Rules of Procedure contained herein shall not have any adverse effect on any final decision made by a majority vote of the City Council. 28