Interpretation of City Charter Gives Council the Power to Act Now
Guest Post from a Resident to Save Belmar Park
This email is to clarify various aspects of City Council meetings including possible misunderstanding regarding agenda setting:
- There is no mandatory Order of Business for Lakewood City Council meetings. Addendum 1 of the Policy and Procedures Manual offers an ‘Example Regular Meeting Agenda’ but there is apparently no policy that states a required Order of Business or even a default Order of Business. Even if there is a required Order of Business stated elsewhere, under Robert’s Rules, it could still be changed as explained below.
Lakewood City Council Policy 05.08 requires compliance with Robert’s Rules of Order.
Therefore, Robert’s Rules determines the agenda setting process. Regarding agenda setting, Robert’s Rules state:
“For a proposed agenda to become the official agenda for a meeting, it must be adopted by the assembly at the outset of the meeting.
At the time that an agenda is presented for adoption, it is in order for any member to move to amend the proposed agenda by adding any item that the member desires to add, or by proposing any other change.
It is wrong to assume, as many do, that the president “sets the agenda.” It is common for the president to prepare a proposed agenda, but that becomes binding only if it is adopted by the full assembly, perhaps after amendments as just described. [RONR (12th ed.) 41:62; see also pp. 16–17 of RONR In Brief.]” END QUOTE https://robertsrules.com/frequently-asked-questions/
That process from Robert’s Rules should be followed and the Parliamentarian of the meeting should support that. If the Parliamentarian does not support Robert’s Rules on the matter, then his/her interpretation and whatever alternate authority is relied upon should be requested to be reflected in the meeting minutes.
- The City Council Policy and Procedures Manual page 26 describes an agenda setting procedure in Policy 05.7 Agenda Setting that among other features “informs staff’s work assignments and council agenda items” and is “under direction of the council”. The authority for this policy is cited as the “adoption of the Policy and Procedures Manual” which is, of course, adopted by City Council. So as per the Policy, agenda setting is clearly under the control of city council and council adheres to Robert’s Rules. The policy only ‘informs’, does not control the agenda or have any language that precludes an elected city council member from introducing new business or new agenda items.
This is to remind that Article 7.1 of the Lakewood City Charter states: “The City Council shall act by ordinance, resolution, or motion.”
- City Charter Article 3.3: POWERS AND DUTIES. The City Manager shall be responsible to the City
Council for the proper administration of all affairs of the City placed in the City Manager’s charge.
That Title 2.06.060(B) of the Lakewood Municipal Code states:
The City Manager shall have the following additional functions and duties:
B. To be responsible to the City Council for the administration of all departments of the city, save and except those departments confided to the supervision of other city officers by law or ordinance; and to cooperate with and supervise the administrative functions of such departments to the extent requested or delegated by the city officers having primary responsibility for the operation of such departments;
POLICY 05.9 MOTIONS Page 29 – “Any council member may make or second a motion to approve, amend, table or continue any matter before the council.” So if the meeting is open for new or ‘General’ business, a member can arguably make a motion to introduce a resolution that another member could second.
Motions and seconds shall be made in accordance with Robert’s Rules of Order/Parliamentary Procedure.
POLICY 05.14 Page 34 Passage or adoption of resolutions (and motions) shall require an affirmative vote of a majority of
Council members present and voting.
Code of Conduct: At City Council Meetings, City Council Members shall: Avoid interrupting Council members who have the floor and withhold questions until the speaker yields the floor.
For example, the presiding officer should not interrupt a council member even for the noble purpose of denying a motion that has not yet been fully stated by the member who has the floor.
Reader recommended business: Angela Chirila
