Rules of Procedure and Order

In accordance with Utah Code Annotated §10-3-606, the Marriott-Slaterville City Council, acting as the legislative body, adopts the following Rules of Procedure and Order (hereafter "Rules") for conducting public meetings held by Marriott-Slaterville City (hereafter "City"). These Rules are designed to provide for orderly conduct of a public body in a public meeting, with the objective of providing for full, open, and comprehensive debate of issues before the public body in a public forum with respect to citizen awareness and civil discourse.
These procedures neither increase nor diminish the powers or authority of the public body as stated in state law or local regulation.

I. MEETING AGENDA REQUIRED

• All public meetings before a public body will have a notice and agenda that complies with the Utah Open Meetings Act.
• An item may be placed on the agenda (for the applicable public body) by the Mayor, Council President, City Administrator, City Recorder, or at the request of any council/commission member.
• Agenda items must be submitted to the City Recorder by 10:00 AM at least one week before the date of the meeting. Any item that is submitted to the City Recorder after the above deadline will be put on the next following meeting agenda.

II. THE ROLE OF THE PRESIDING OFFICER

• The Presiding Officer for the City Council is the Council President, and for the Planning Commission it is the Chair.
• The Presiding Officer, along with a vice, is elected annual by the membership of the City Council, and by the membership of the Planning Commission.
• The Presiding Officer, or vice, may be replaced at any time by a majority vote of the applicable body.
• The Presiding Officer may participate in discussion of all matters.
• The Presiding Officer shall vote and may make motions as any regular member.
• The Presiding Officer has the primary responsibility to ensure the Rules are followed, including but not limited to:
• Governing a public meeting in accordance with Roberts Rules of Order, newly revised, as freely adapted by the Presiding Officer, and subject to these Rules.
• Calling the meeting to order.
• Maintaining the decorum at public meetings.
• Confining discussion to the agenda items.
• Recognizing staff presentations and recommendations.
• Recognizing motions and statements from the council/commission, and may allow audience participation at appropriate times.
• Understanding basic parliamentary procedure and adapting it to the public body as seen fit.
• Following the Utah Open and Public Meetings Act during the meeting.
• Courteously discouraging individuals who talk too much or too often.
• Courteously ensuring that those who have the floor are not interrupted and ruling out of order those who are not following meeting procedures.
• Recognizing the member offering/amending/modifying the motion, handling discussion, calling for the vote, announcing the vote, and then announcing the next order of business.

These rules are subject to the municipal code, specifically the Municipal Administrative Code in Title 2 and Municipal Procedures under Tile 3.

The Mayor may:

• Never vote.
• Veto and exercise power in accordance with state law for the optional council-mayor form of government specified in Utah Code Annotated §10-3b-201, or its successor statute.
• Speak on any topic before the City Council or Planning Commission.

III. RULES OF CONDUCT DURING MEETINGS

There are two types of meetings as follows:

Public Meeting:

• These meetings are not open to public comment, except at the sole discretion of the Presiding Officer.

Public Hearing:

• A Public Hearing is only held on special occasions when required by law or otherwise.
• A Public Hearing is generally held in conjunction with a Public Meeting.
• The Public Hearing may be opened and closed by motion, or by declaration of the Presiding Officer if no member objects.
• Any member of the public may speak to the public body during a Public Hearing, subject to these Rules.
• The public body may limit the time each speaker has during a Public Hearing to no less than three (3) minutes.
• Generally, the public body does not talk, respond, debate, or answer questions during a Public Hearing; it is a time to listen to (or hear) the public.

All meetings shall be administered according to the Open and Public Meetings Act.

Meetings shall generally operate as follows:

• Call to order by a Presiding Officer.
• Opening ceremony.
• Item for discussion/action/presentation announced by Presiding Officer.
• Staff/other presentation.
• Applicant presentation, if applicable.
• Public comment if a public hearing or at the sole discretion of the Presiding Officer.
• Discussion by members.
• Action by motion and vote.
• Adjournment by Presiding Officer upon completion/continuance of all items on agenda.
• Anyone speaking at a meeting should keep remarks applicable to the question under discussion/debate.
• Anyone speaking at a meeting shall avoid references to personalities, and avoid questioning motives or interjecting hostile or antagonistic behavior.
• Everyone shall demonstrate courtesy and refrain from conduct that disrupts the meeting.
• Members shall comply with the rules of ethics and avoid situations which could cause a reasonable person to perceive bias or an inappropriate conflict of interest.
• Everyone invited to participate in a meeting is to respect the principles of representative democracy, including the recognition that local government is to serve the best interests of the public as a whole, while respecting individual and constitutional freedoms.
• Everyone is to be conscious of efficient and effective use of limited city resources.

IV. RULES OF ETHICAL CONDUCT

Members of a public body shall comply with the Rules of Ethical Conduct set forth in Chapter 2.40 of the Marriott-Slaterville Municipal Code, or as may be established by state law.

V. PARLIAMENTARY RULES

The following governs parliamentary conduct of a public meeting. The City Administrator serves as Parliamentarian, and may also advise and speak, as necessary, for effective meeting governance, on any agenda items, and otherwise during the course of the meeting. Each rule is followed by a recommended procedure along with a purpose. This is to help guide the presiding officer and members of the public body with the intended application.

RULE NO. 1 – AGENDAS

A public meeting is governed by the agenda, and the agenda constitutes the public body’s roadmap for the meeting.

PROCEDURE:

Each agenda item will be handled by the Presiding Officer in the following basic format:

• The Presiding Officer should clearly announce the agenda item number and should clearly state what the agenda item subject is.
• Following the agenda format, the presiding officer should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the Mayor, a member of the City Council, a staff member, or an invited guest charged with providing input on the agenda item.
• The Presiding Officer should ask members if they have any technical questions for clarification. At this point, members may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.
• The presiding officer allows open public comment only if a Public Hearing is indicated on the agenda. Otherwise, public comment is only allowed at the sole discretion of the Presiding Officer. If numerous members of the public indicate a desire to speak to the subject, the Presiding Officer may limit the time of public speakers to no less than three (3) minutes.
• The Presiding Officer should invite discussion and motions as appropriate. The Presiding Officer should announce the name of the member of the public body who makes a motion.
• The Presiding Officer should determine if any member of the public body wishes to second the motion. The Presiding Officer should announce the name of the member of the public body who seconds a motion. If there is no second then the motion will be deemed to have failed, and the item may be deemed concluded without decision, unless a subsequent motion is duly approved.
• If the motion is made and seconded, the Presiding Officer should make sure everyone understands the motion. This is done in one of three ways:
• The maker of the motion can repeat it.
• The Presiding Officer can repeat the motion.
• The Parliamentarian or City Recorder can repeat the motion.
• The Presiding Officer should now invite discussion on the motion. This discussion is limited to the subject of the motion that was made. If there is no desired discussion, or after discussion, or upon the call of a member, the Presiding Officer should direct a vote by the public body on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then the Presiding Officer may repeat the motion again.
• The Presiding Officer may take the vote or direct a staff member to take a roll call vote.
• Certain actions require a roll call vote as directed by the Presiding Officer or Parliamentarian.
• The Presiding Officer should announce the result of the vote and may announce the result of such action taken.
• Any member of a public body may give a very brief explanation of their vote cast to be entered in the minutes.

PURPOSE:

All meetings must comply with the Utah Open and Public Meetings Act which requires that a notice and an agenda for a public meeting be prepared in advance of the meeting and that no final action be taken on any item that is not on the agenda. In addition, the Act requires that the minutes of the meeting contain certain minimum information including the name of any member of the public body speaking on an issue, the substance of what the member says, an accurate description of any action taken by the public body and the voting record of each individual member of the public body.

RULE NO. 2 – MAKING MOTIONS

Any matter that requires a formal decision shall be brought before the public body by motion.

PROCEDURE:

The procedure for any motion shall be as follows:

• The Presiding Officer recognizes the member of the public body.
• The member of the public body makes a motion. (Example: "I move that ....")
• The Presiding Officer recognizes a member who desires to second the motion. If no second, the motion fails.
• Vote called on motion that is seconded after any discussion.

PURPOSE:

The purpose of this rule is to limit items under discussion to only those that the public body want to discuss. This gives clarity as to what is being decided. It also helps to make sure everyone, including the person taking the minutes actually knows and can remember what the ultimate outcome of any discussion and debate is.

RULE NO. 3 – ORDER

Only one question and one speaker at a time.

PROCEDURE:

Only one agenda item will be discussed at a time. Any agenda item where action is being taken may have a maximum of (3) motions on the floor at a given time. There will only be one speaker at a time. The Presiding Officer recognizes the person speaking by granting them the floor so they may speak.

PURPOSE:

The purpose is to focus on only one agenda item and to allow members of the public body the ability to express their points of consideration without losing their train of thought and to completely finish without fear of interruption.

RULE NO. 4 – GENERAL CONSENT

The Presiding Officer may use General Consent (also known as Unanimous Consent) with all motions, except where roll call votes are required for purposes of the meeting minutes.

PROCEDURE:

When the Presiding Officer feels the public body would be in general agreement, the Presiding Officer may take action barring any objection otherwise. If there is any objection to a General Consent stated by the Presiding Officer, then a formal vote is required. If there is no objection, after a brief pause by the Presiding Officer to the proposed General Consent, then the Presiding Officer declares the General Consent approved. (Example: The Presiding Officer states, "If there is no objection, we will take a 10 minutes recess." [Pause to see if any member objects]. "There being no objection, we are in recess for 10 minutes.")

PURPOSE:

General consent is helpful in expediting general routine business or when the Presiding Officer believes the presiding body is in agreement. This allows flexibility of the Rules while protecting the right of the majority to decide and the minority to be heard.

RULE NO. 5 – MOTION FORM

There are generally only three basic forms of motions used: Initial Motions, Motions to Amend, and Substitute Motions.

PROCEDURE:

• Initial Motion. The initial motion is the one that puts forward an item for consideration. An initial motion might be: "I move that we adopt ordinance number 10-1 as presented."
• Amended Motion. If a member wants to change the initial motion before the public body, they would move to amend the initial motion. A motion to amend might be: "I move that we amend the motion to adopt ordinance number 10-1 with changes in paragraph 1 as follows…." A motion to amend takes the initial motion before the public body and seeks to change it in some way. The motion to amend must be related (germane) to the initial motion. The motion to amend must not be the same as a negative vote on the initial motion. If the person who made the initial motion and the person who seconded the initial motion are in agreement with the amended motion (friendly), then the Presiding Officer can proceed as if the amended motion is now the initial motion without a vote. If the amendment is not friendly, a separate vote in the amended motion is required before voting on the initial motion.
• Substitute Motion. If a member wants to completely do away with the initial motion that is before the public body, and put a new motion before the public body, they would move a substitute motion. A substitute motion can also be friendly or unfriendly.

PURPOSE:

"Motions to amend" and "substitute motions" are often confused. But they are quite different, and their effect (if passed) is quite different. A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a "motion to amend" or a "substitute motion" is left to the Presiding Officer. So that if a member makes what the member calls a "motion to amend," but the Presiding Officer determines that it is really a "substitute motion," then the Presiding Officer’s designation governs.

RULE NO. 6 – DEBATE AND ENDING DEBATE.

The debate can continue as long as members of the public body wish to discuss an item, subject to the Presiding Officer determining it is time to move on and take action by using General Consent to limit debate or by a proper motion by a member of the public body to limit the debate. The following motions are not debatable: a motion to adjourn (does not require second); a motion to recess; a motion to fix a time to adjourn; a motion to table; and a motion to limit debate.

PROCEDURE:

There are exceptions to the general rule of free and open debate on motions. Use the procedure for making motions to end ongoing and needless debate, to conclude or delay discussion on an item, or close a meeting.

PURPOSE:

Debate and discussion are important until they are not. When a matter is chewed on enough it should be swallowed. This rule allows the Presiding Officer by General Consent or the majority vote to end debate, after a reasonable time. It also keeps those in a minority position on an issue from filibustering until they get their way.

RULE NO. 7 – THREE VOTES REQUIRED, EXCEPTIONS

Three yes votes are required to pass any item before the City Council with limited exceptions. The exceptions include a motion to go into closed session (executive session) which requires a 2/3 vote of the members present and when specifically provided in state law. The Planning Commission decisions are made by a majority of quorum members present. A quorum of the Planning Commission is four (4) members.

PROCEDURE:

If the Presiding Officer and all five members of the council are present, a vote of 3-2 passes the motion. A vote of 2-2 means the motion fails. If one member is absent and the vote is 2-2, the Mayor is entitled to vote. The Planning Commission Chair is always entitled to vote as any regular member of the commission.

PURPOSE:

State law sets both the number required for a quorum and the minimum vote required on any issue. This rule is meant to clarify that when the entire City Council is present and voting then it is not a tie when one member abstains. If however the member is absent from the meeting for any reason and the vote is 2-2, then it may be a tie vote which entitles the Mayor to vote and break the tie. The Planning Commission makes decisions by simple majority of those present. 

RULE NO. 8 – MOTION TO RECONSIDER

A motion to reconsider may be made, but it is subject to special rules. The first rule relates to timing. A motion to reconsider must be made at the meeting where the item was first voted upon or at the very next meeting if the item is properly provided on the agenda. In addition, a motion to reconsider cannot be made at a special meeting, unless the number of members of the public body present at the special meeting equals or exceeds the number present at the meeting when the original action was taken. Second, a motion to reconsider can only be made by a member who voted in the majority on the original motion. Any member of the public body may second a motion to reconsider regardless of whether they voted for or against the original motion. The Planning Commission cannot make motions to reconsider because once their decision is made it is turned over to the City Council for action or the appeal period is started as provided by law.

PROCEDURE:

If such a member has a change of heart, he or she can make a "motion to reconsider" (any other member of the public body may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order.

PURPOSE:

The purpose of this rule is finality. If a member of the minority could make a motion to reconsider, then the item could be brought back to the public body again and again. That would defeat the purpose of finality. Nothing in this Rule shall be interpreted to prevent a member of the Planning Commission from filing an appeal to a decision made by the commission. If the motion to reconsider passes, then the original matter is back before the public body, and a new initial motion is then in order. The matter can be discussed and debated as if it were on the floor for the first time.

RULE NO. 9 – GENERAL PARLIAMENTARY PROCEDURE

The Presiding Officer administers a meeting according to parliamentary procedure specified in Roberts Rules of Order, newly revised, as freely adapted by the Presiding Officer, and subject to these Rules.

PROCEDURE.

The Presiding Officer is primarily responsible to see that debate and discussion of an agenda item focuses on the topic, not the personalities of the members of the public body. There are, however, exceptions that are intended to assist the Presiding Officer in keeping order during a meeting. A speaker may be interrupted by a member only for the following reasons and in the form set forth below:
Privilege. The proper interruption would be: "point of privilege". The Presiding Officer would then ask the interrupter to "state your point." Appropriate points of privilege relate to anything that would interfere with the normal comfort or safety at the meeting, or when the misrepresentation is occurring. For example, the room may be too hot or too cold, a blowing fan might interfere with a person’s ability to hear, or the speaker may be misrepresenting.
Order. The proper interruption would be: "point of order". The Presiding Officer would ask the interrupter to "state your point". Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting.
Appeal. If the Presiding Officer makes a ruling that a member of the public body disagrees with, that member may appeal the ruling of the Presiding Officer. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the Presiding Officer is deemed reversed.
Call for Orders of the Day. This is simply another way of saying, "let’s return to the agenda". If a member or the Parliamentarian believes that the public body has drifted from the agenda, such a call may be made. It does not require a vote, and when the Presiding Officer feels that the agenda is not being followed, the Presiding Officer simply reminds the public body to return to the agenda item properly before them.
Withdraw a Motion. To withdraw a motion, the maker of the motion on the floor states, "I withdraw my motion". The motion to withdraw may require a simple majority vote if the motion was seconded, unless the Presiding Officer allows withdrawal by General Consent.

PURPOSE:

Debate and discussion should be focused, but free and open. In the interest of time, the Presiding Officer may, however, limit the time allotted to speakers, including members of the public body. If time is limited, a member may only continue to speak after time has expired on a majority vote of the public body. The Rules are meant to create an atmosphere where the members of the public body can fairly and effectively operate, and members of the public can attend to watch. It is up to the Presiding Officer and members of the public body to maintain common courtesy and decorum.

VI. RIGHT TO BE HEARD

• Ideally, residents should work with staff to address areas of concern. However, it is recognized that residents may from time to time believe it is necessary to speak to the public body. Accordingly, the public body expects any person presenting to the City Council or Planning Commission to speak in a civil manner, with due respect for the decorum of the meeting, and with due respect for all persons attending.
• Every member of the public is subject to the Open Meetings Act and civil discourse just the same as if they were a City Official.
• No member of the public shall be heard until recognized by the Presiding Officer.
• The person recognized is to speak from the dais (podium) so that the comments can be properly recorded.
• Public comments will only be heard during the Public Comment portion of the meeting, unless the issue is a Public Hearing or is recognized at the sole discretion of the Presiding Officer.
• Each speaker must state his/her name and address.
• Any resident requesting to speak shall limit himself/herself to matters of fact regarding the issue of concern.
• Comments may be limited to three (3) minutes by the Presiding Officer.
• If a representative is elected to speak for a group, the Presiding Officer may allow an increased time allotment.
• Personal attacks made publicly toward any person or city official/employee are not allowed. Speakers are encouraged to bring their complaints regarding employee performance to the Mayor or City Administrator.
• Any member of the public interrupting the proceeding of a public body, or approaching the dais without permission, otherwise creating a disturbance, or failing to abide by these Rules is deemed to have disrupted a public meeting and, at the direction of the Presiding Officer or majority of members, may be asked to leave the meeting or be removed from the building.

VII. SUMMARY OF APPLICABLE STATE LAWS

Utah Code §10-3-502 – Regular and special council meetings.
Utah Code §10-3-504 – Quorum defined.
Utah Code §10-3-505 – Compelling attendance at meetings of legislative body.
Utah Code §10-3-506 – How the vote is taken.
Utah Code §10-3-507 – Minimum vote required.
Utah Code §10-3-508 – Reconsideration.
Utah Code §10-3-601 – Business of governing body conducted only in open meeting.
Utah Code §10-3-607 – Rules of conduct for members of the governing body.
Utah Code §10-3-608 – Rules of conduct for the public.