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HomeMy WebLinkAboutCity Council Bylaws Revised 2012 CITY OF PRIOR LAKE, MINNESOTA Mayor and City Council BYLAWS Adopted on May 27, 1986 Revised: January 1991 January 1993 May 1993 January 1994 January 1995 January 1996 January 1997 May 1997 January 1998 March 1998 January 1999 April 2000 Oc tober 2002 March 2006 May 2006 June 2007 November 2008 September 2009 January 2011 June 2012 FRANK BOYLES , CITY MANAGER M: \ Council \ Bylaws \ City Council Bylaws Revised June 2012.doc TABLE OF CONTENTS Section # Topic Page # Section 100 Purpose 3 Regular, Special and Emergency M eetings and Work Section 200 Ses sions 3 Section 300 Annual Meeting 5 Section 400 Meeting Agenda Format and Consent Agenda 6 Section 500 Quorum and Voting Procedures 8 Section 600 Minute Preparation 9 Section 700 Roles at Meeting 10 Section 800 Motions, Resolutions, Ordinances 12 S ection 900 Public Hearing Format 13 Section 1000 Committee Structure 15 Section 1100 Suspension of Rules 18 Section 1200 Travel and Reimbursement for Expenses 18 Section 1300 Statement of Ethics 20 Section 1400 City Council Recognition 22 Appendix A Types of Motions 23 2 M: \ Council \ Bylaws \ City Council Bylaws Revised June 2012.doc SECTION 100: PURPOSE 101: PURPOSE : The purpose of the Prior Lake City Council Bylaws is to provide the members of the City Council with a set of operation procedures designed to guide them during the Council meetings, and to establi sh a code of ethics and conduct. 102: The Bylaws shall be considered and adopted at the a nnual m eeting of the Prior Lake City Council. The Annual Meeting is the first regular meeting in January. Bylaws can be reviewed and amended at any meeting other tha n the a nnual m eeting. Any changes or amendme nts to the Bylaws shall follow this procedure: 102.1 A motion to amend a specific section, subsection, paragraph, sentence, or line is proposed . 102.2 A second to the motion is required. 102.3 Discu ssion on the Byla ws amendment occurs. 102.4 The vote is taken. A simple majority is required to pass the Bylaws at the annual m eeting. A super majority is required at any meeting other than the annual meeting. 103 : These Bylaws shall govern the procedures of the Prio r Lak e City Council immediately upon adoption. If an issue is raised which is not covered in the By laws, the procedures to respond to the issue shall be governed by Robert's Rules of Order Revised. Failure to comply with these Bylaws or Robert's Rules of O rder shall not invalidate Co uncil action unless at the time the action is taken or promptly thereafter a member of the Council raises a parliamentary objection and advises the Council of the particular rule which was not observed. SECTION 200: REGULAR, S PECIAL AND EMERGENCY MEETINGS, AND WORK SESSIONS 201: Except as otherwise provided in the Minnesota Open Meetin g Law, M.S.A., Section 471.705, all meetings of the City Council, including regular, special , emergency, work sessions, and adjourned meetings shall be open to the public. 202: REGULAR MEETINGS: The City Council shall establis h a regular meeting schedule. Notice of al l meetings, both regular and special, shall follow the requirements of the Minnesota Open Meeting Law. All regular meetings shall be held in the designated City Council Chambers. When a regular meeting is projected to fall on an official holiday, the C ity Council shall reschedule the meeting for the following business day. The Ci ty Manager may recommend the Council cancel or reschedule a regularly scheduled Council meeting when the amount of business pending does not warrant a meeting . The question of whether to cancel or reschedule a meeting shall be considered and approved by a majority of the City Council. 3 M: \ Council \ Bylaws \ City Council Bylaws Revised June 2012.doc The City Manager shall post and publish notice in the official newspaper any decision of the City Council to reschedule or cancel a meeting. Th e procedures provided for in the Open Meeting Law shall be followed. In addition , notice shall be posted on the City website. In a situation where the City Manager learns prior to a scheduled meeting that there will not be a quorum of the Council availa ble to attend a scheduled meeting ; or when weather conditions develop or are forecast prior to a scheduled meeting that make attendance at the meeting impractical or imprudent for the Council members, staff and public , the City Manager may cancel a meeting . When a meeting is cancelled based on the later contingencies , the City Manager shall use all means reasonably available to announce the cancellation ; however, posted notice shall suffice . A City Council member shall inform the City Manager when an abse nc e is planned or pending prior to the meeting. 203: SPECIAL MEETINGS: Special m eetings may be called by any two (2) mem bers of the City Council. Written notice shall be given to each member of the City Council of the time, place and purpose of the meet ing. The notice shall be delivered to the member or a responsible person at the member's residence at least three days in advance of the meeting. (See City Code Section 105.200 . ) Notice shall be posted at City Hall and provided to any member of the public or news media who have requested notification in writing. 204: The agenda for a regular meeting will be prepared by the City Manager and shall be available the Wednesday before the following Monday meeting, except i n the event of a holiday during agenda preparation week in which case the agenda wil l be available on Thursday. The agenda shall include the items set forth in Section 400 - Me eting Agenda Format and Consent Agenda. Copies of the agenda, supporting documentatio n and minutes from the previous m eeting will be made available to the public once they are delivered to the Council members . 20 4 .1 A copy of the agenda materials will be availa ble in the Council Chambers for public inspect ion at the time of the meeting. 204 . 2 Agenda materials will also be available online th rough the City's website on the Thursday preceding the City Council regular meeting. 204.3 If distribution of an agenda item or materials relating to the agenda item is delayed and not distributed as part of the Council agenda packag e, the agenda shall indicate when the materials will be distributed. Once distributed to the members of the Council the materials shall be included in the agenda materials on the City website. 205: EMERGENCY MEETINGS: The Mayor or City Manager may call an emergency meeting. Notice of the emergency meeting shall be given by either tele phone, fax or written notice to members of the City Council. Notice shall be provided to each news medium and individual that has filed a written request for notice. Post ed or published notice of an emergency meeting shall not be required. An "emergency" meeting is a sp ecial meeting called because of circumstances that require immediate consideration by the City Council. 4 M: \ Council \ Bylaws \ City Council Bylaws Revised June 2012.doc 206: WORK SESSIONS: The City Manager may schedule w ork sessions subject to Council approval. The purpose of the work session is to afford the City Council, City Manager and City staff the opportunity to discuss policy matters in a more informal environment. Public input will not be allowed unless specific ally scheduled in the agenda. The work session may be canceled at the discretion of the City Manager. 207: CITY COUNCIL FORUM: A City Council " f orum" shall be sche duled at 6 p.m. as part of each City Council meeting. The public forum will be no longer th an 30 minutes in length and each presenter will have no more than ten (10) minutes to speak. To be r ecognized, individuals who desire to participate in the forum shall use the sign - up sheet provided in side the City Council Chambers. The sign - up sheet shal l be available at 5 p.m. The public forum is intended to afford the public an opportunity to address concerns to the City Council and to address the City Council on any subject that is of community interest, provides information required by the Council t o complete its duties, or is provided b y agencies representing citizens of Prior Lake. 207.1 Every individual who addresses the Council at the f o rum must first be recognized by the presiding officer and then shall state his/her na me and address before be ginning any comments. The City M anager shall be the timekeeper for the Forum so that each speaker receives an appropriate amount of time. 207.2 No Council ac tion may take place during the f or um. However, council membe rs may express their views or reaction to a presentation and may ask que stions of the presenter. 207.3 At the conclusion of the public forum , the Council may, by mot ion and majority vote, indicate its interest that to have the subject present ation at the Public forum placed on a subsequent Ci ty Council agenda. 207.4 Items to be considered on the agenda may be addressed at the public forum consistent with the limitations set out in Section 401.2 of these Bylaws . 207.5 Presentations at the p ublic f orum must be consistent with Section 901.6 of these B ylaws. 207.6 If any council member deems that the comments are not germane to issues w ithin the pu rview of the City Council, the council member may r equest the presiding officer to request the speaker to yield the podium. Further, any council member may object to the request of the presiding officer to ask a speaker to yield the podium, in which case, the presiding officer shall put the m atter to a vote of the Council. 207.7 Public f orums are included as part of the regular meet ing minutes and cablec ast live. There shall be no p ublic f orum at the City Council immediately pr e ceding a City Council election. 207.8 T he presiding officer shall have the authority to adjourn t he p ublic f orum , censure a speaker or take other action as deemed appropriate if t here is a breach of decorum. S ECTION 300: ANNUAL MEETING 5 M: \ Council \ Bylaws \ City Council Bylaws Revised June 2012.doc 301: The first regularly scheduled meeting in January shall be ref erred to as the annual meeting. Regular business may be conducted at this meeting and the fo llowing organizational business is r equired unless deferred by the Council for a specific reason. 301.1 Swear in newly elected officials, if applicable. 301.2 Appoint Acting Mayor. At its first meeting each year the Council shall appoint a n acting mayor from the Council members . The Mayo r shall recommend a council member to serve as acting mayor and the Council will affirm or deny the recommendation. The a cting m ayor shall perform the duties of mayor during the disability or absence of the m ayor from the City or, in case of vacancy in th e office of m ayor, until a successor has been appointed and qualifies. MN Stat. 412.121. The a cting m ayor, in the absence of the m ayor, is known as the Mayor Pro Temp. (“Mayor for the Time”) 301.3 Appoint th e o fficial newspaper. 301.4 Designate the o ffi cial bank. 301.5 Design ate the Local Board of Appeals and Equalization. 301. 6 Appoint an a uditing f irm. 301. 7 Appoint a f iscal c onsultant. 301. 8 Des ignate a n e mergency m anagement d irector . 30 1. 9 Designate a h ealth o fficer . 301. 1 0 Appoint Council members to serve as l iaisons to the various City a dvisory c ommittees . 301. 1 1 Approval of City Council a ppointed c ommittee b ylaws and p rocedures. 301. 1 2 Approve City Council b ylaws. 301. 1 3 Desig nate an a nimal c ontrol o fficer. 301.1 4 Adopt the y early fee s chedule. 3 01. 16 Appoint the Special Assessment Committee. 301.17 Other appointments as may be appropriate. 302. Item s normally scheduled for the annual meeting may be considered at an earlier meeting at the discretion of the City Council. SECTION 400: MEETING AGE NDA FORMAT AND CONSENT AGENDA 401: Business of the meeting will be conducted according to the agenda prepared by the City Manager. The City Manager will prepare an agenda that follows this order: 401.1 Call to Order and Pledge of Allegiance 401.2 Public Forum  The City Council Agenda sheet shall i nclude the following statement: “ The public forum is intended to afford the public an opportunity to address conc erns to the City Council. The public f orum will be no longer than 30 minutes in length and each pr esenter will have no more than ten (10) minutes to speak. Topics of discussion are restricted to City governmental topics rather than private or political agendas. Topics may be addressed at the p ublic f orum that are on the agenda except those topics tha t have been or are the subject of a scheduled public hearing or public information hearing 6 M: \ Council \ Bylaws \ City Council Bylaws Revised June 2012.doc before the City Council, the Economic Development Authority (EDA), Planning Commission, or any other City Advisory Committee . The City Council may discuss but will not take formal action on p ublic f orum presentations. Matters that are the subject of pending litigation are not appropriate for the f orum . ” 401.3 Approval of Agenda  The City Council may, by motion, change the order an item is to be considered on the agen da except it may not begin a public hearing before the time specified in the public notice. 401.4 Approval of Minutes 401.5 Consent Agenda  With the adoption of these Bylaws, a Consent Ag enda is created. The purpose of the "Consent Agenda" is to group items of a routi ne and non - controversial nature for consideration under one motion. There will be no separa te discussion of items placed on the "Consent Agenda . " If discus sion of an item on the "Consent Agenda" is desired, any member of the Counci l may request the item be removed from the Consent Ag enda and considered separately.  T he City Manager shall determine what items may be considered routine and non - controversial; and therefore appropriate for incl usion as a Consent Agenda item. To provide the City Manage r with guidance, the foll owing types of items tend to be routine and non - controversial: grant deeds, g rants of easements, adoption of ordinances and resolutions previously considered by the city council, investment report, quarterly budget report, treasure r's report, animal control report, building inspection report, non - controversial license requests, standard development contracts, calls for bid, reports of administrative ac tions and proposals, leases and agreements previously approved in principle, repor ts for filing or setting dates for public hearings, approval of payment of contracts , approval or denial of claims, award of bids, and other items of a like nature that the City Man ager considers routine and non - controversial.  The City Council Agenda shee t shall i nclude the following statement: “Those items on the Council Agenda which are considered routine and non - controversial are included as part of the Consent Agenda. Unless the Mayor or a council member specifically requests that an item on the Conse nt Agenda be removed and considered separately, Items on the Consent Agenda are considered under one motion, second and a roll call vote . Any item removed from the consent agenda shall be placed on the council agenda under “Removed Consent Agenda Items . ” 4 01.6 Removed Consent Agenda Items  Any item removed from the Consent Agenda shall be placed here for separate C ouncil discussion and consideration. 401. 7 Presentations and Proclamations  The City Manager may schedule presentations and proclamations before t he City Council giving preference to presenters and topics that relate to City governmental business. 401. 8 Public Hearings 401. 9 Old Business 7 M: \ Council \ Bylaws \ City Council Bylaws Revised June 2012.doc 401. 10 New Business 401. 11 Other Business - Including Community E vents and Council member Reports  Members of the City Council and staff may pre sent items under Other Business that will be discussed and deliberated for the first ti me. These items should, for the most part, be informational. The City Council has the authority to request action or take a formal pos ition on the item(s); however, th is shall be done on an item - by - item basis. 401. 12 Adjournment 402: CITY MANAGER TO DETERMINE AGENDA: It shall be the res ponsibility of the City M anager to prepare and decide the City Council agenda. The City M anager shall be responsible for overseeing and reviewing the preparation of all agenda items. 402.1 I f a member of the public requests to appear before the C ity Council or requests an item to be placed on the Council agenda, the City Manager shall determine whether the item should appropriately be considered by the Cit y Council at a regular meeting. 402.2 If the City Manager determines that an item should not be placed on a City Council agenda, the City Manager may recommend that the indi vidual appear at a City Coun cil Forum. 402.3 The City Manager shall maintain a list of items scheduled to appear on meeting agendas. The City Manager shall endeavor to m anage the anticipated length of Council meetings in order to assure each matter receiv es full and fair considerati on, and that the meet ing can be concluded by 11 p.m. 402.4 The City Council maintains final authority to ap prove, disapprove or modify the agenda. 403: The Mayor or Acting Mayor shall preside over all Council meetings. The presiding officer may call a r ecess at any time during the m eeting. Except for recesses for executive sessions, the presiding officer shall announce the le ngth of the recess. The purpose of the recess is to provide the City Council, City staff and the pu blic attending the meeting with a short rest period from the Council business . The presiding officer may also recess or adjourn a meeting if a member(s) of the public is behaving in a disruptive manner or using inappropriate language. 404: Unless waived by motion, second and majority vote, no agenda i tem shall be initiated after 11 p.m. If a motion to extend the meeting is tendered, it shall inc lude the time the meeting is to be adjourned. A meeting, once extended, must be adjourn ed at the time specified in the approved motion to exten d. SECTION 500: QUORUM AND VOTING PROCEDURES 501: At each meeting, a majority of all the members elected (3 out of 5) shall constitute a quorum for the transaction of business. 502: The voting options available to the City Council when a vote h as bee n initiated are: “ aye ” – an affirmative vote; “ nay ” - a negative vote. A council member ma y abstain only when 8 M: \ Council \ Bylaws \ City Council Bylaws Revised June 2012.doc they have a disqualifying conflict of interest as determined by the City Attorney . 50 3 : Three votes shall be necessary for approval of any ordi n ance unless a larger number is r equired by statute or City ordinance . A majority vote of a quorum is necessary for the approval of all general motions and resolutions unless otherwise provided by these bylaws . 50 4 : When a question is put by the presiding officer, every member present shall vote . If a member intends to ab stain from voting based upon a disqualifying conflict of interest, the council member must advise the presidi ng officer of the nature of the conflict. Otherwis e, any council member , who be ing present when his or her name is called fails to vote upon any then pending proposition, shall be recorded as having voted in the affirmative. 50 5 : VOTING PROCEDURE: An agenda item shall be put before the Cit y Council by the Ma yor for its considerati on . The agenda item should be considered in the following manner: 50 5 .1 The City Manager or the Manager’s designee will p rovide the City Council with a description of and presentation on the item and the a ction requested of the Council. 5 0 5 .2 Following t he presentation Council members may ask questions of City staff concerning the agenda item . If a council member intends to recognize a member of the public for the purpose of asking a question it should be done so at this point and not once the matter h as been formally put before the Council by motion and second. 50 5 .3 Discussion of the agenda item by the Council requires a motion and second to formally put the matter before the Council. 50 5 .4 Council members may, at this point, ask further questions of staff, present their views and engage in a dialogue wit h other members of the Council. The Mayor should manage the discussion by calling upon and recognizing Council members to speak. 5 0 5 .5 After discussion concludes, the presiding officer shal l call for a vote on the pending motion . 505.7 When a vote is to be taken, the presiding officer shall first call for the ayes, then the nays. The votes of each member shall be recorded in the Minutes. If a member of the City Council is absent during a vote, the member's vote for the official Minutes shall read as "absent SECTION 600: MINUTE PREPARATION 601: The City Manager is responsible for the preparation of the minutes of the m eeting. The meeting proceedings will be audio - recorded and written minutes will be prepared . The written minutes of the meeting as approved by the City Council are the official record of the meeting. The audio reco rding is intended to supplement the minutes for the purpose of an "on the record review" in a jud icial proceeding. A DVD recording may also be prepared for the purpose of rebroadcast of the m eeting on the City’s public access cable channel. The following two requirements for "m inute" preparation shall be adhered to: 9 M: \ Council \ Bylaws \ City Council Bylaws Revised June 2012.doc 601.1 All motions typed in capital letters. 601.2 List the names of the City Council after their vote on each motion. 602: The official m inutes shall be prepared and presented to the Cit y Council at the next regularly scheduled meeting as part of the agenda packet. The text of the minutes shall consist of of ficial Council business conducted while the Council is in session. Any comments mad e at a meeting that are made prior to the start of or after adjournmen t of the meeting, or during any recess, shall not be made part of the minutes. The City Counc il shall r eview the minutes and the presiding officer shall call for any additions or corrections. If an addition or correction is presented, the change must be specific as to place, paragrap h, and sentence, if applicable. The official minutes shall be corrected to reflect the change. 603: Approval of the minutes requires a motion, second and a majority vote of the members present at the meeting. Council membe rs who were not prese nt at the meeting for which the minutes are being approved shall abstain from voting o n the action to approve the minutes. 604: The City Manager is responsible for the mainten ance and filing of the m inutes. 604.1 The approved m inutes shall be retained as a permanent record of the Council meeting . 604.2 The approved m inutes of the past t welve months of Council meetings shall be available on the City Website. 604.2 All audio and DVD recordings will be retained in accordance with the City's data retention schedule. 604.3 Verbatim transcripts of audio recordings , if available, may be o btai ned from the City for a fee in accordance with the City fee schedule . 605: A verbatim transcript request of all or any part of a meeting may be requested by a member of the general public. A fee for the transcript shall be in accordance with the City’s o fficial fee schedule unless the City has, for its own purposes, previously prepared a verbatim transcrip t, in which case the individual requesting a copy of the transcript shall pay the City's standard photocopy charge. S ECTION 700: ROLES AT MEETING 701 : All meetings of the City Council shall comply with the Mi nnesota Open Meeting law, which requires meetings (with few exceptions) of all municipal bodie s to be open to the public. The City Council of Prior Lake encourages citizen attendance. P ublic atten dance at meetings of the Council helps to develop a more enlightened , interested and participatory citizenry. 702: OB J ECTIONS TO RECESSIN G THE RE GULAR MEETING INTO EXECUTIVE SESS ION . Any individual desiring to object to the Council's adjournment into an executive sessi on shall do so in the following manner. This process is included in the 10 M: \ Council \ Bylaws \ City Council Bylaws Revised June 2012.doc bylaws to give individuals or organization s standing without disruption of any regular meeting. Any comments made at a meeting that are ruled out of order by the presidi ng officer shall not appear in the minutes. 702.1 The objection shall be made in writing providing the basis or legal author ity for the objection, together with the name, address and phone number of the objector. 702.2 The written objection must be tend ered to the City Manager within one business day of the alleged violation. 703: Any council member may recognize a member of the p ublic for the purpose of asking question(s ) relating to the matter under consideration by t he Council. Members of the City C ouncil must use judgment and discretion when recognizing members of the public to answer a question during the time they have the floor. 704: Members of the Council may also ask questions of staff in order to clarify their understanding of the relevant i nformation necessary to make an inform ed judgment. In preparation for Council meetings, Council members may want to consider contacting the City Manager, in sufficient time prior to the meeting, to advise the question they intend to ask in order for the Ci ty Manager to attempt to bring the additional information to the Council meeting. 70 5 : The Mayor has the same voting powers as do the other members of the Council. . The Mayor may vote on all motions and he/she does n ot have any extra voting powers if the vote results in a tie, except as may be authorized by state statute. 70 6 : The Mayor shall be the presiding officer at all meetings. If the May or is absent, the Acting Mayor shall preside at the meeting. If in the event the May or and Acting Mayor are abs ent, the City Manager shall call the meeting to order and preside u ntil such time the City Council elects among itself a member to preside at the meeting. The p residing officer, at all times, shall be allowed to vote in the same manner as all other members of the Council. 70 7 : The presiding officer has two unique powers: (1) interpr eting and applying the rules of procedure; and (2) recognizing speakers from the audience. 70 8 : The presiding officer is responsible for maintaining order at the meetings. 7 09 : The presiding officer shall recognize all speakers from the audience, except when a member of the Council has the floor and they expressly recogn ize a member of the audience to answer questions relating to the issue under consideration. 71 0 : The pre siding officer has the responsibility to facilitate discu ssion by the City Council. This may occur in a variety of ways, including: 71 0 .1 Interpret and apply rules of procedure. 71 0 .2 Decide whether motions are properly made. 71 0 .3 Decide whether motio ns are in order. 71 0 .4 Decide whether questions of special privilege ought to be granted. 71 0 .5 Decide when to recognize speakers. 11 M: \ Council \ Bylaws \ City Council Bylaws Revised June 2012.doc 71 0 .6 Call for motions or recommend motions. 71 0 .7 Expel disorderly persons from the meeting. 71 0 .8 Enforce speaking pro cedures. 71 1 : All members of the City Council may make and second moti ons, participate in discussions and vote whenever a vote is taken. 71 2 : As individuals, Council members have no administrative autho rity. When acting as a Council, however, the legis lative body has authority over the appointed City Manager. 71 3 : The City Manager shall attend all meetings of the City Council with the right to take part in the discussions, but not to vote. In the absence of the Cit y Manager, the Assistant City Manager or designated department head shall serve as the City Manager's representative at the meeting. 71 4 : Department Heads may attend all meetings. Department Heads shall attend the meetings when directed by the City Manager. 71 5 : A memorandum report or bri ef explanation of each agenda item shall be in cluded in the materials that accompany the agenda. The information pr ovided by staff should serve to inform the City Council on the subject matter under dis cussion. The information should explain in detail the staff comments or work, or state that staff will present the necessary details and comments at the meeting. If an agenda item requ ires more than a majority vote, the agenda report shall specify the votes needed to pass the matter under consideration. SEC TION 800: MOTIONS, RESOLUTIONS, ORDINANCES AND PROCLAMATIONS 801: The City Council may take formal action in any of three me thods - motions, resolutions or ordinances. All motions in any form require a second unl ess otherwise stated below. All votes of t he City Council in any of the three methods requi re a majority vote for approval unless otherwise specified below or prescribed by the City Code or State S tatute. 802: MOTIONS: A motion is a matter of parliamentary procedure. Motions are a formal method of bringing business before the Council and for stating proposition s on which a decision will have to be made. It also can be used in the form of a proposal so t hat the City Council can act by resolution or by ordinance. Motions may be used to introduce re solutions and ordinances, to amend them, and to take any other actions concerning the m. Motions may also be used for action on simple administrative acts, such as approving the monthly department reports, or directing the City Manager. 803: Every motion shall be stated in full and be reasonably understood before it is submitted to a vote by the presiding officer. 804: RESOLUTIONS: Resolutions are normally used to reflect the City Council position on items of business that do not require or warrant an or dinance. Resolutions may be 12 M: \ Council \ Bylaws \ City Council Bylaws Revised June 2012.doc enac ted on a motion, which has been duly seconded, and receive a major ity vote. The City Manager will maintain a record of all resolutions and will be responsib le for the proper numbering and execution of each resolution adopted by the City Council. 804.1 Notwithstanding other instances where resolutions may be needed, resolutions are required to authorize the execution of any contract ex ceeding $2 0 ,000 or as otherwise specified in the City's purchasing p olicy. 805: ORDINANCES: An ordinance is a law governing or regulating some activity that is properly within the power of the Council to regulate. Ordinances shal l be used when the City Council action regulates or governs people or property. All police regulat ions for public health, morals, economic well - being, welfare and safety must be passed in ordinance form. Ordinances may also be used to provide permanent rules for the organiz ation and operation of the City Council. Ordinances may be enacted upon a motion and a second . A majori ty vote of the members present must vote in the affirm ative for the ordinance to pass unless a larger majority is required by State law or these Bylaws . 806: An ordinance shall become effective upon passage and publica tion unless otherwise specified in t he ordinance. Consistent with State Statute the Council may authorize publication of a summary of the ordinance rather than its full text. The Counc il, by motion, must approve and authorize the proposed summary. Proof of publication shall be a ttached to an d filed with every ordinance. 807: All ordinances shall be reviewed by the City Attorney prior to p resentation to the Council . The ordinance format includes: title; number; enacting clause; the contents or body; the penalty; the closing; the attestation, publication date and the effectiv e date. The City Manager will maintain a record of all ordinances and will be responsible f or the Prior Lake City Code and codification requirements. The Council may authorize t he City Manager to contract for codification services. 808: PROCLAMATIONS : Proclamations are used to show the City Council’s support for a cause, person or organization. Proclamations are read aloud and presented by the Mayor on behalf of the City Council . S ECTION 900: PUBLIC HEARING FORMAT 901: Public Hearings shall be con ducted in the following manner: 901.1 The presiding office r announces the agenda item that is the subject of the public hearing. 901.2 It is the intent of the City Council to open all public hearin gs at the time indicat ed in the public hearing notice , or as soon as possible thereafter. From a practical standpoint, not all hearings can be opened at their designated time . The Council may delay the start of a hearing until the pending business is acted upon . However under n o circumstances may a public hearing be opened prior to the time specified in the notice and published in the official newspaper. 13 M: \ Council \ Bylaws \ City Council Bylaws Revised June 2012.doc 901.3 Staff and/or a consultant make a presentation or repor t on the subject matter of the public hearing. 9 01.4 At the conc lusion of any presentation or remarks by staff and/or a consultant, t he presiding officer asks the City Council members if they have questions of the staff or consultant . 901.5 The presiding officer requests a motion and seco nd from a member of the Counci l to open the public hearing and calls for a vote. 901.6 The presiding officer declares the public hearing opened, announces the time and then proceeds to ask for citizen input, comments and questions. 901. 6.1 Members of the public, interested parties or their authorized representatives may address the City Council orally. If the speaker intends to present written or hard copy material s to support their presentation to the Council, they must provide the s taff , at the time of their presentation or before, n ine (9) copies of the original for distribution to Council members ; the City Manager, City s taff and the Recording Secretary . The materials will be included in the public record. If the speaker intends to present audio or video materials to support the ir presentation to the Council, such materials must be in an electronic format that is compatible with the City’s existing equipment. An audio or video presentation may not introduce testimony from any person other than the author. The electronic mate ria ls must be submitted to the s taff by 12:00 p.m. noon of the day of the meeting. 901.6.2 If unable to attend the meeting, m embers of the public, interested parties or their authorized representatives may submit written comments and supporting materials . Ni ne (9) copies of the comments and materials must be submitted to the City s taff prior to the Council meeting. The comments and materials will be distributed to Council members , the City Manager, City s taff, and the r ecording s ecretary. T he written comm en ts and materials will become part of the record, but will not be read aloud at the meeting 901. 6.3 Recorded testimony if unable to attend a meeting . M embers of the public, interested parties or their authorized representatives may submit testimony to the City Council using a prerecorded audio or video communication . An audio or video communication must be in an electronic format that is compatible of being viewed or listened to on the City’s existing equipment. An audio or video presentation may not intr oduce testimony from any person other than the author. The author of the recorded testimony must provide nine (9) copies to the City s taff at least seven (7) calendar days prior to the meeting in order to allow s taff an opportunity to view the presentation and prepare a written summary. The recorded testimony and presentation and summary prepared by the s taff will be provided to the City Council as part of their Council agenda package. The audio or visual communication may be used by individual Council m embers in preparation for the Council meeting, but will not be played during the meeting. The presentation and the summary will become a part of the publ ic record. Generally, Council agenda p ackages are distributed to members of the City Council on the We dnesday preceding the meeting . 14 M: \ Council \ Bylaws \ City Council Bylaws Revised June 2012.doc 901.7 After all persons have been heard, the presiding officer will ask twice whether there are any other persons in attendance who want to be heard on the matter pending. If there is no other testimony, the presiding of ficer requests a motion . There are two possible motions, seconds and votes:  A motion and second to close the public hearing. Once the vote is taken, the public hearing is closed . The presiding officer announces, for the record, the time the public hea ring is closed ; or  A motion and second to c ontinue the public hearing to a date certain . The presiding officer, in consultation with the City Manager and Council members , shall select and announce a time and date certain for t he continued public hearing. No additional publication or notice requirements are n eeded if a hearing is continued to a later specified date. No public hearing may be continued more than once without re - notice , publishing the time, da te , l ocation and subject of the public hearing. 9 0 1.8 The City Council addresses the subject matter through deliberation . The Co uncil may ask questions of the s taff and City Attorney. If the public hearing has been closed Council members should refrain from calling upon a member of the public except fo r the sole purpose of asking a question that can be answered by a “yes” or “no” response. The presiding officer will call upon each member of the Council for their comments and reaction to information received from th e s taff presentation or public heari ng comments. 901.9 If the public hearing has been closed, rather than continued until a date certain, the City Council may take action on the subject matter. SECTION 1000: COMMITTEE STRUCTURE 1001: TYPES OF COMMITTEES 1001.1 Special City Council C om mittee s . The Council may from time to time establish special c ommittees by designating t wo (2) Council members to a specific issue. Council members will be appointed to the s pecial c ommittees on an annual basis. Special c ommittees established by the Counc il are gener ally established to deal with single transaction s or project s as they arise . The membership o f a s pecial c ommittee does not extend beyond the appointed City Council members and staff liaisons. T he responsibilities of the s pecial c ommittee are l imited to making recommendations to the City Council . A s pecial c ommittee has no authority to make decisions on behalf of the City Council . S pecial c ommittee s may be required to provide periodic status reports a s requested by the City Council or upon the ir own initiative . Examples of special c ommittees of the City Council include: 15 M: \ Council \ Bylaws \ City Council Bylaws Revised June 2012.doc  Bylaws & Compensation Committee  Ci ty Manager Evaluation Committee  Ann exation Task Force  Special Assessment Committee 1001.2 Research Work Groups. The City Council may establis h from time to time te mporary research work groups to study, research, analyze and make recommendations to the Council on a particular issue or subject matter . There is no limit to the size of a r esearch w ork g roup . The number of committee members, the pu rpose of the committee and the duration of the committee will be determined by the City Council . Generally the composition of r esearch w ork g r oups include up to two C ouncil members, City staff, and members of the public. Research w ork g roups may only dea l with those issue or projects assigned to them by the City Council (conduct investigations, make reports on facts, interview individuals, and gather information and/or public input ). A r esearch w ork g roups may not make decisions independent from the City Council . Research w ork g roups will be required to make periodic reports to the City Council on their progress. The City Council may use either a motion or resolution to establish a r esearch w ork g roups depending upon the subject matter. These c ommittees m ay include, for example:  Water Treatment Plant  Tree Preservation Task Force  Heritage Committee  Snowmobile Task Force  Co unty Road 21 Advisory Committee Research w ork g roups are expected to be short - term in nature and to disband upon completion of the assi gned task , but no later than the assigned end date determined by the City Council. Only action by the City Council may extend the life of a r esearch w ork g roup, and the Council must determine a new end date for the group. In some cases, the City Council may decide that the work of the r esearch w ork g roup should continue on a permanent basis , in which case the City Council must determine whether to convert the r esearch w ork g roup to either (1) an a dvisory c ommittee as outlined in Section 1001.3 of these by laws, or (2) a s pecial City Council s ubcommittee as outlined in Section 1001.1 of these bylaws. 1001.3 Advisory Committees . The City Council may es tablish a dvisory c ommittees to monitor significant issues in the community of on - goin g concern. It is import ant for the conduct of City business to be governed by uniform standards and code of conduct and ethics. Advisory c ommittees are composed of citizen volunteers appointed by the Ci ty Council, or a combination of citizen volunteers , appointed City Council me mbers , and City s taff . An a dvisory c ommittee recommends to the City Council amendments to its Bylaws to reflect any unique circum stances applicable to the c ommittee. A mendments shall not take effect until sixty (60) days afte r their passage. Advisory c o mmittees may meet with th e City Council in a public w orkshop to discuss goals and objectives, mutual concerns or questions and other business as appropriate. Advisory c ommittees may include , for example: 16 M: \ Council \ Bylaws \ City Council Bylaws Revised June 2012.doc  Planning Commission . ( The Planning Com mission has b een established by statutory authority and the structural compo sition and Commission rules are set forth in the City Code. )  Park Advisory Committee  Lake s Advisory Committee  Communications and Technology Advisory Committee  Community Safety Advisory Committe e  Traffic Safety Advisory Committee 1001.4 A list of the Council a dvisory c ommittees and members shall be maintained on the City Website. 1002: CITY COUNCIL LIAISONS TO CERTAIN ADVISORY COMMITTEES : Annually, the City Council shall appoint a council memb er to serve as a liaison t o the Advisory Committees listed in Section 1001 .3 . The role of the l iaison is to act as a conduit and resource for information by and between the Council and the Planning Commission or Committee . The l iaison shall make periodic reports to the Council on the activities of the Planning Commission or c ommittee . The l iaison shall not participate in the discussion or deliberation of any matter pending before the Planning Commission or Committee, except wh ere the Planning Commission or c ommittee is meeting in a study or work session . The Planning Commission or c ommittee may, at its discretion, ask the l iaison whether the Council has discussed the subject under consideration and the nature of the discussion. The l iaison shall never use this occasion as an opportunity to communicate their personal position on the matter under consideration. The l iaison shall communicate any Council input on a particular issue. A l iaison may always testify or submit comments at a p ublic h earing in their capacity as a private citizen as long as they make clear at the beginning of their testimony or in their written comments that they are speaking on their own behalf and not on behalf of the Council. 1003: COMMITTEE VACANCIES: When the term of an indi vidual serving on a committee identified in Section 1001 expires , the individual may apply to be reappointed if they have not exceeded their term limits and they ha ve met or exceeded the performance s tandards of the a dvisory c ommittee . An individual seeki ng reappointment by the Council must follow the steps set forth below for filling a vacancy on an a dvisory c ommittee. A vacant position on any committee identified in Section 1001 shall be filled following the procedures set forth below: 1003.1 Applicati ons are solicited. A n otice of the vacancy is made public and individuals may be encou raged to consider the position. The n otice shall state the deadline for submitting applications. 1003.2 Interview Panel . The City Manager or his designee , the City Counc i l liaison(s) and the chairperson of the committee (unless the vacancy is the committee chair appointment or re - appointment ) shall serve as the i nterview p anel. The p anel shall interview all candida tes who have applied for appointment or re - appointment an d make a recommendation to the full City Council. An individual subject to re - appointment may not sit on the selection committee. 1003.3 The recommendation of the i nterview p anel will be presen ted to the City Council . T he Council may accept or reject the recommend ation. If the recommendation is 17 M: \ Council \ Bylaws \ City Council Bylaws Revised June 2012.doc rejected, the City Council may appoint another individual or reopen the application period and invite new candidates to apply . 1004: CITY COUNCIL ROLE ON OTHER COMMITTEES OR AUTHORITIES: There are c ertain a uthori ties, committees and commissions that a council member is appointed to and serves as a representative o f the Prior Lake City Council. These appointments should be distinguished from appointments to serve as a Council liaison to the Planning Commission or a committee. A council member appointed to serve as a member of a committee, commission or authority shall provide the City Counc il with periodic reports on the activities of the committee, commission or authority and, unless provided with specific directi on, exercise their judgment on how frequently to report to the full Council . Unlike Council members who are appointed as liaisons to a dvisory c ommittees, c ouncil members who sit on these types of committees or commissions generally participat e in a voting capacity . The authority, committee o r commission shall determine if the appointed council member ha s voting authority in connection with its governing authority. Examples of these types of c om mittees or a uthorities include :  Three - m ember Orderly Annex ation Board  Transit Review Board  Committees of the League of Minnesota Cities, Metro Cities , or National League of Cities S E CTION 1100: SUSPENSION OF RULES 1101: The City Council may vote to suspend the rules set forth. The rules may be suspended for a specific meeting only upon a motion, second , debate, and a four - fifths ( 4/5 ) vote of the members of the Council. SECTION 1200: TRAVEL & REIMBURSEMENT FOR EXPENSES 1201: The City of Prior Lake recognizes the need for and value in attending workshops, c onferences, public and private events, and meetings in the conduct of City business. Such events may take place in the Minneapolis - St. Paul metropolitan area, in out - state Minnesota, or ou t - of - state. The purpose of this section is to set forth the guidelin es for participating in such even ts, as well as reimbursement of expenses incurred as a result of attendance. 120 2 : GENERAL CONDITIONS: 120 2 .1 All expenses incurred by a Council member in connecti on with fulfilling their duties to the City shall be rei mbursable. Reimburseme nt of such expenses shall be in accordance with these City Council Bylaws, City Code Section 105.300, and state statute. 120 2 .2 Attendance at and reimbursement for events, workshops, conferences or meetings within the Minneapolis - St. Paul metropolitan area and Greater 18 M: \ Council \ Bylaws \ City Council Bylaws Revised June 2012.doc Minnesota do not require advance approval by the City Council as long as the costs for attendan ce are within the approved City Council budget. 120 2 .3 Attendance at and the traveling budgets for ev ents, workshops, conferen ces or meetings conducted out - of - state, or not within the approved City Council budget , must be authorized in advance by the C ity Council at an open meeting. 120 2 .4 In evaluating travel requests for approval, the purpose f or attendance must meet one of the following criteria:  The elected official will be receiving training on is sues relevant to the City or to his/her role as th e Mayor or as a Council member.  The elected official will be meeting and networking with o ther elected officials from around the cou ntry to exchange ideas on topics of relevance to the City or on the official ro les of local elected officials.  The elected official will be viewing a public facility or function that is similar in nature to one that is currently operating at, or u nder cons ideration by, the City where the purpose for the trip is to study the fac ility or function to bring back ideas for the con sideration of the full Council.  The elected official has been specifically assigned by the Council to testify on behalf of the City at the United States Con gress or to otherwise meet with federal o fficials on behalf of the City. 120 2 .5 Council members attending events at City expe nse are expected to provide the Council with a summa ry of the meeting. 120 2 .6 No reimbursements will be made for atten dance at events sponsored by or aff iliated with political parties. 120 2 .7 The City must have sufficient funding available in the budget to pay the traveling expenses for the event. 120 2 .8 The City may make payments in advance for airfa re, lodging and registration if specifically approved by the Council. Otherwis e, all payments will be made as reimburs ements to the elected official. 120 2 .9 Reimbursement of expenses is intended to refun d the actual costs incurred and must be in accordance with the pr ovisions of section 120 3 herein. 120 3 : REIMBURSEMENT REQUIREMENTS: The City will reimbur se for transportation, lodging, meals, registrations and incidental costs if attendance at the event, conference, workshop, or meeting is authorized in accordance wit h the above Genera l Guidelines. A receipt must be submitted for reimbursement of all costs. 120 3 .1 Meals. Daily or event specific reimbursable meal costs are limited to $ 20.00 per meal. In the case of out - of - state or overnight travel , reimbursable meal co sts shall not exceed $60.00 per day. Alcoholic beverage s and meal expenses included in the cost of registration are not reimbursable expenses. 120 3 .2 Lodging. Reimbursable lodging costs for travel within the M idwest are limited to $200 per night. For trave l outside the Midwest, reimbursable lodging costs are limited to those that are reasonable and necess ary, and as pre - approved by the City Council when authorizing the out - of - state travel budget. 120 3 .3 Mileage. Mileage will be reimbursed at the I RS rate. I f two or more Council members are traveling together by car, only the vehicle owner will receive reimbursement. The City will reimburse for the cost of renting an automobile, if necessary, to conduct City business. City vehicles should be us ed for City Cou ncil business in lieu of rental when available. 19 M: \ Council \ Bylaws \ City Council Bylaws Revised June 2012.doc 120 3 .4 Tips. Tips paid as part of meal service shall not excee d 20% of the total bill and are reimbursable in addition to the cost limits set for reimbursable meals above. Tips and gratuities for services suc h as taxis are on ly reimbursable if a receipt is provided, and in no case should exceed 20% of th e cost of the service. Tips for non - documented services, such as baggag e handling or housekeeping, are reimbursable in an am ount not to exceed $10 per day. 120 3 .5 Airfare. Airfare shall be reimbursed at the coach rate. The elected official shall use the most cost - effective mode of travel taking into co nsideration reasonable time constraints. 120 3 .6 Non - Reimbursable Expenses. The City will not r eimburse for perso nal telephone calls, rental of luxury vehicles, recreational expens es such as movies, golf, shows, or concerts, or the costs associated with the a ttendance of a family member or person unauthorized to attend the event on the City's behalf. 120 4 : EXCEPTION S TO POLICY: Any exceptions to th e bylaws relating to expenses and reimbursement must be approved by the City Council at an open meeting. SECTION 1300: STATEMENT OF ETHICS 1301: POLICY STATEMENT: The City of Prior Lake recognizes our system of democra tic representative government is dependent in large measure , upon people having trust and confidence in their public officials. The public rightfully expects governmental officials will conduct City of Prior Lake business in ways which benefit the public good generally and that public office will not be used chiefly or improperly to advance personal interest s . The City Council of Prior Lake has pledge d the goals of fair, efficient and honest government will be fostered and that it will strive for integrit y and objectivity from all of its officials. 1301.1 The City of Prior Lake finds that the proper operation of democratic representative government requires that:  Elected and appointed officials be independent, impartial and responsible to the people;  Gov ernmental decisions and policy are made in the proper channels of the governmental structure;  Public office and position not be used for personal gain; and  The p ublic have confidence in the integrity of its government. 1301.2 The City of Prior Lake shall adhere to the highest ethical standards that enhance the public trust in local government by:  Creating transparency in its actions through honest and open communication;  Basing decisions and adopting public policies based on what is in the best interest of the public and the overall community;  Supporting the public’s right to know the public’s business; and  Exercising fairness, optimism, responsiveness and respect in communicating with the public.  Providing a forum and periodic training for public officia ls and employees to discuss organizational values that reflect high standards and current conditions and concerns. 20 M: \ Council \ Bylaws \ City Council Bylaws Revised June 2012.doc 1301. 3 This Statement of Ethics shall be liberally construed in favor of protecting the public’s interest in full disclosure of conflicts of interest and promoting ethical standards of conduct. 1302: ETHICS IN GOVERNMENT: Minnesota Statutes, Chapte r 10A, Ethics in Government, is incorporated herein by reference. This policy shall be construed and interpreted in consultation with the City Atto rney according to Minnesota Statutes and case law. 1303: GIFTS AND FAVORS: No public official shall accept any valuable gift, favor or thing of value, regardless of amount whether in the form of money, service, loan, thing or promise from any person which to the official's knowledge is concerned, directly or indirectly in any manner whatsoever in business dealings with the City. 1304: USE OF EQUIPMENT AND FACILITIES: No public offic ial shall request or permit the unauthorized use of City - owned vehicles, e quipment, materials, property, la bor or services for personal convenience or profit. 1305: CONFLICT OF INTEREST: Except as authorized in Minn. Stat. 471.88, a public officer wh o is authorized to take part in any manner in making any sale, lease, or contr act in official capa city shall not voluntarily have a personal financial interest in that sale, lease, or contract or personally benefit financially therefrom. ( Minn. Stat. Section 471.87 ) 1306 A public official or local official elected to or appointed b y a metropolitan governmental unit who in the discharge of official duties would be required to take an action or make a decision that would substantially affect the official's financial inte rests or those of an associated business, unless the effect on th e official is no greater than on other members of the official's business classification, profession or occupation, m ust take the following actions: 1306 .1 A dvise the City Attorney of the potential conflict o f interest as soon as possible, pre ferably befo re the meeting; and 1306 .2 The City Attorney shall determine whether a disqualifying conflict of intere st exists. 1306 .3 Any council member shall orally inform the City Counci l of the potential conflict and abstain from any participation in that agenda ite m. 1307 : The purpose behind the creation of a rule, which would d isqualify public officials from participating in proceedings in a decision - making capacity when they have a direct conflict of interest in its outcome, is to insure that their decision will not be an arbitrary reflection of their own selfish interests. There is no settled general rule as to whether such an interest will disqualify an official. Each case must be decided on the basis o f the particular facts present. Among the relevant factors that should be considered in mak ing this determination are: (1) nature of the decision being made; (2) the nature of the pecuniar y interest; (3) the number of officials making the decision who are interested; (4) the n eed, if any, to have interested person s make the decision; and (5) the other means available, if any, such as the opportunity for review, that serve to insure that the officials will not act arbit rarily to further their selfish interests. 21 M: \ Council \ Bylaws \ City Council Bylaws Revised June 2012.doc SECTION 1400: CITY COUNCIL RECOGNITION 1401: COMMEND ATION AND CENSURE : To the extent allowed by l aw, the City Council desires to encourage appropriate behavior and discourage inappropri ate behavior among its members. The City Council, as a body, may by motion and four - fifths ( 4/5 ) vote , commend or censure o ne of its own. If the act involves two members of the Council, a majority vote is required. 1401.1 Commendation: A member may receive public c ommendation for the exercise of positive leadership, community vision or other action s considered meritorious by the City Council. 1401.2 Censure: A member may receive a public reprimand for failure t o conform to any provisions of these bylaws, state statute, misconduct at meetings, violating confidentiality or the attorney - client privilege , absenteeism , disloyalty, a violation of the standards of ethics or violating other value the City holds dear. The purpose of the censure is to reprimand a council member with the hope of reforming him or her so that he or she won’t behave in the same way again. A motion to cens ure is amendable, debatable, requires a majority vote and cannot be reconsidered. 22 M: \ Council \ Bylaws \ City Council Bylaws Revised June 2012.doc APPENDIX A: TYPES OF MOTIONS AND PROCEDURES The following motions will be available for use by the members: Main Motion 1. : An act to bring substantive proposals before th e City Council for consideration and action. After the motion is stated and seconded, t he subject of the motion may be deliberated and voted upon. Deliberation may take place by the Mayor, Council, s taff or the general public as long as the procedures for citizen input a re followed pursuant to Section 7.B of these Bylaws. Amend Main Motion: 2. A main motion that is being deliberated and has not been voted upon may be changed or modified by a motion, a second , deliberation and a subsequent vote. The only motio n that may be amended is the main motion. Postp one Definitely Motion 3. : A motion to put off consideration or discontinue discussion of any motion on the floor and that which established a def inite time for the motion to be reconsidered. A motion to postpone definitely requir es a second, deliberation and a subsequent vote. Vote Immediately Motion 4. (Previous Question): A motion to prevent or stop deliberation on a pending motion and to bring the pending motion to an immediate vote. A motion to the "Previous Qu estion" requires a second and a two - thirds majority vote to pass, however, no discussion is allowed on the motion. Two votes are re quired when a Previous Question motion is seconded. The first vote is to close the debat e (requires two thirds majority vote) and, if that passes, the second vote is then on the or iginal motion being deliberated prior to the Previous Question being called. If the clos e the debate motion fails, then deliberation on the original motion continues. Substitute Motion 5. : This is a moti on that replaces the motio n being considered with another motion on the same subject. A motion to substitute may b e made for either a main motion or an amendment to a main motion. A substitute motio n requires a motion and second. The Council then votes on the substitute motion and if t hat passes, the original motion dies. If the substitute motion fails, the deliberation on the original motion continues. Withdraw a Motion 6. : Any member of the City Council who h as made an allowable motion has the authority to remove the motion from consideration by the total body. If a member desires to remove a motion that has been seconded, but not yet voted upon, the member who has seconded the motion must consent to the requ est of the member to remove the motion from consid eration. If the motion has not been seconded, the member may remove the motion from consideration by his/her own request. Division of Motion 7. : A motion that is composed of two or more independent sections or ideas may be deliberated, considered and voted o n separatel y. Each section or idea that is to be voted on separately must be acted upon thr ough a separate motion, second, discussion and subsequent vote. Any member of the Ci ty Council may request a motion to be divided into two or more individual motions . 23 M: \ Council \ Bylaws \ City Council Bylaws Revised June 2012.doc Eligibility of Motion: 8. The presiding officer may rule on the eligibil ity of a motion that has been requested to be divided into two or more individual motions. Privile g ed Motion 9. : These motions do not relate to pendin g business, but have to do with spec ial matters of immediate and overriding importance, which without any debate, shall be allowed to interrupt the consideration of anything els e. These motions can be made at any time, even if another motion is being considere d at the time, and they must be settled or voted upon immediately. Motions to adjourn the meeting or take a recess cannot interrupt a speaker, while a motion on a question of privilege o r point of vote can interrupt a speaker. Privile g ed motions include:  Point of Order: Whenever a memb er thinks that the rules of the City Council are being violated, he/she can make a Point of Order. When ever a question of the order is called, the presiding officer shall make a ruling on whether the City Council rules have been violated. If a Point of Ord er is to be raised, it must be raised prom ptly at the time the violation occurs. This procedure does not req uire a second, is not debatable and can be used to interrupt a speaker.  A pp eal Decision of Chair : The presiding officer will be called on to rule on questions of City Council procedure as set forth in these Bylaws. The decisions of the presiding officer may be appealed by the City Council. A statement of appeal constitutes a motion that, in turn, requires a second and the opportunity for discussion.  M otion to Reconsider: A motion to reconsider any act ion taken by the Council may be made at the meeting at which such action was taken or the regular meeting following. Such motion must be made by one of the prevailing s ide, but may be seconded by any membe r and may be made at any time and have prece dence over all other motions or while a member has the floor; it shall be debatable. A moti on for reconsideration requires only a majority vote regardless of the vote necessary to adopt the motion reconsidered. Notwithstanding Robert's Rules of Order, a motion to "lay on the table" shall be debatable. 24 M: \ Council \ Bylaws \ City Council Bylaws Revised June 2012.doc