CHAPTER 3-700. - RULES OF ORDER AND PROCEDURE FOR THE TREMONTON CITY COUNCIL.

3-701. - Introduction.#

These Rules of Order and Procedure are made pursuant to U.C.A. 10-3-606.

(Ord. No. 24-12, 10-29-24)

3-702. - Mayor.#

(1)

The Mayor: (Mayor Pro-Tem) shall have no veto power and no other special substantive authority. In conjunction with the City Manager, the Mayor is responsible for developing the Council Agenda, facilitating the Council Meetings, and signing the Council approved documents. The Mayor does not represent the Council as a whole body unless directed by the majority of the Council Members during a meeting.

(2)

Presides: The Mayor shall be the presiding officer at all meetings and hearings of the governing body.

(3)

Mayor Pro-Tem: In the absence of the Mayor at a City Council meeting, the longest-serving City Council Member shall serve as a Mayor Pro-Tem. If there are multiple City Council Members with the same tenure, the Mayor shall ask one of the longest tenure City Council Members to serve in the position of Mayor Pro-Tem. The Mayor Pro-Tem's authority only extends for the duration of that specific meeting. The City Council Member who is serving as a Mayor Pro-Tem may continue to vote during the City Council meeting.

(4)

Control of Chamber: The Mayor shall have and maintain control of the Council Chamber.

(5)

Points of Order: The Mayor shall preserve order and decide all points of order and procedure, subject to appeal of membership.

(6)

Roll Call Vote: All matters involving an expenditure of funds require a roll call vote.

(7)

Declare Votes: Motions may be determined by voice vote, show of hands, or at the request of any member by roll call. The Mayor shall declare all votes. If any member requests it, a roll call shall be ordered.

(8)

Sign Documents, and Contracts, and Agreements: The Mayor shall sign resolutions, ordinances, and other documents issued by the governing body. The Mayor shall sign all contracts and agreements approved by the City Council on behalf of the Council. When appropriate, the Mayor may delegate such signatory authority to the Mayor Pro-Tem or City Manager. The Mayor shall consult with the City Manager and the City Attorney for a review of above said documents as deemed appropriate.

(9)

Training on Open Meetings Act: The Mayor shall ensure that all members are provided with annual training on the Open Meetings Act. U.C.A. § 52-4-104.

(10)

Voting Rights and Authority: The Mayor shall have the same rights to debate on issues before the City Council. However, the Mayor shall be a non-voting official unless in the case of a tie vote or when the City Council considers adopting an ordinance that delegates some of the executive power to the City Manager.

(11)

Seating Positions: With the duty of the Mayor to preside over the meeting, the Mayor shall have the ability to determine the seating positions of each City Council Member on the dais. City Council Members shall sit in their assigned seats during the meeting, except for agenda items where a City Council Member has a conflict of interest and is required to leave the dais.

(Ord. No. 24-12, 10-29-24)

3-703. - Council Members.#

(1)

Use of Members' Titles: Council Members shall not use their titles in any communication that is not Official Tremonton City Council business.

(2)

City Meeting Attendance: Council Members shall make their best effort to attend all regularly scheduled Council Meetings and meetings of the Boards/Commissions on which they are appointed to serve.

(3)

Participation in Local, State, or Federal Committees: Council Members are encouraged to participate in other local, state, and federal committees and associations and seek appointment by the appropriate authority when necessary.

(4)

City Council Documents: The official Tremonton City letterhead logo shall be used only for official City Council business.

(5)

Council Communications: Council Members, including the Mayor, shall not imply that they are speaking for the Council or for Tremonton City in written or verbal communication without specific prior approval from the Council at a lawful meeting unless the Council has previously taken an official position on the matter. For example, phrases such as "I am just speaking for myself...", "Speaking as an individual...", "My position on this does not represent the Council or the City...", or "The Council has not voted on this..." may be used to clarify this issue.

(Ord. No. 24-12, 10-29-24)

3-704. - Council Meetings.#

(1)

Open Meetings Act: All Council Meetings shall comply with the Open Meetings Act U.C.A. § Title 52 Chapter 4. All Council Meetings will be open to the public. Any closed executive sessions shall be in accordance with U.C.A. 52-4-204.

(2)

Approval of Annual Schedule of Meetings: The Council shall approve its annual meeting schedule during the December meeting and publish the approved schedule per U.C.A. § 52-4-202.

(3)

Council Meeting Dates and Times: The Council shall hold regular meetings on the first and third Tuesday of each month.

(4)

Special Meetings: The Mayor, by his/her determination or upon request by any Council Member, shall call special meetings in accordance with the U.C.A. Open Meetings Act as it becomes necessary.

(Ord. No. 24-12, 10-29-24)

3-705. - Decorum and Debate.#

(1)

Being Recognized: When a Member desires to speak or make a motion, they shall politely, cordially, and orderly ask to be recognized by the Mayor.

(2)

First Person Recognized: When more than one Member addresses the Mayor, the Mayor shall name the person who is to speak, recognizing the person who first addressed the Mayor.

(3)

Interruptions: No Member shall interrupt another except when permitted by parliamentary procedure.

(4)

Decorum: Members should be attentive during meetings. No Member shall indulge in personalities, arraign motives of Members, or use language tending to hold a Member up to contempt.

(5)

Debate with the Public: No Member shall debate with the public and/or employees during meetings or workshops.

(6)

Limitation of Debate: No Member of the Council or public shall be allowed to speak more than once on any one subject until all members have had an opportunity to speak. Council Members will generally be limited to two statements on any issue under consideration.

(7)

Leaving Chambers: If a Member needs to depart the Council Chambers during session, they should do so in an orderly fashion, and when practicable, shall inform the Mayor of the basis for the departure.

(8)

Side Conversations: City Council Members shall refrain from having a separate discussion or conversation during the time when the City Council meeting is in session. While it is the duty of each City Council Member to follow this policy, it may be necessary as a measure to maintain control of the Chambers to remind City Council Members of their responsibility to refrain from having a separate discussion.

(Ord. No. 24-12, 10-29-24)

3-706. - Motions.#

(1)

Making and Withdrawing: When a motion is made, the Mayor may restate the motion and call for a second. If the motion receives a second, the Mayor may restate the motion before the debate commences. If there is no second to the motion, the motion shall die without further debate due to the lack of a second. A motion may not be withdrawn by the person making the motion without the consent of the member seconding it once it has been stated.

(2)

Division of Motion: If the motion contains two or more divisional propositions, the Mayor or a City Council Member may request the motion be divided into two motions.

(3)

Motions Out of Order: The Mayor may not at any time permit a Member to introduce an ordinance, resolution, or motion out of the regular order as set forth in the agenda unless approved by the quorum present.

(4)

Reconsideration of Motion: A motion may be reconsidered at any time only if the motion to reconsider is introduced by a Member who had voted on the prevailing side. Only after the motion to reconsider has been approved by the majority can the main motion be considered.

(5)

Postponing a Motion: Any item on the agenda may be postponed until the next meeting or a specific future date. A motion to postpone shall include the future time of consideration postponement.

(6)

Tabling a Motion: Any item on the agenda may be tabled until a later meeting. A motion to table temporarily suspends further consideration or action on an agenda item until a later meeting.

(Ord. No. 24-12, 10-29-24)

3-707. - Voting.#

(1)

To Pass Acts: The majority votes of the quorum present at a City Council meeting shall be necessary to pass any resolution, ordinance, or act of the governing body.

(2)

Conflict(s) of Interest: For purposes of this Ordinance, a conflict of interest shall include any conflict listed in the Municipal Officers' and Employees' Ethic Act contained in Utah Code Title 10, Chapter 3, Sections 1301-1313. Members shall adhere to the requirements of Municipal Officers' and Employees' Ethic Act contained in Utah Code Title 10, Chapter 3, Sections 1301-1313. Additionally, for purposes of this Ordinance, a conflict of interest shall include any voting matter where the matter being considered shall have a direct impact on financial gains for a Member or a Member's household, meaning spouse, domestic partner, dependent children, or anyone financially supported under Member's roof. When a conflict of interest, as defined herein, arises, the conflicted Member(s) shall not vote. The Member shall not debate the matter, and the Mayor shall excuse the conflicted Member from the dais. The conflicted Member may remain in the Council Chambers. The conflicted Member shall make no effort to persuade the non-conflicted Members on the matter for which the conflicted Member has the conflict.

(a)

Exception to Conflict of Interest Voting Prohibition: Members may vote on the topic of City Council Member salary.

(3)

Failure to Vote: A failure to vote by a Council Member shall be considered a non-vote.

(4)

Leaving Seat: Excepting in cases of conflict of interest, when a call for the vote is commenced, no matter shall leave until the vote is disclosed.

(5)

Change of Vote: A member may change their vote after the call for the vote has been completed and before the announcement of the result, but not thereafter.

(6)

Abstentions: Although it is the duty of every Member who has an opinion on a question to express it by their vote, they can abstain since they cannot be compelled to vote. (An abstention shall be considered a non-vote.)

(7)

Questions Affecting Oneself: Members are permitted to vote for themselves for an office or other position to which Members are generally eligible, including when other Members are included with them in the motion.

(Ord. No. 24-12, 10-29-24; Ord. No. 25-23, (Exh. A), 11-18-25)

3-708. - Public Hearings.#

(1)

Posting of Public Hearing: All public hearings shall be posted in accordance with Utah State Code.

(2)

Staff Presentation: The appropriate staff may make a presentation to the City Council and the public.

(3)

Questions: Council Members may direct questions to the applicant and/or staff in order to bring out relevant facts, circumstances, or conditions affecting the case and may call for questions from the staff.

(4)

Open Hearing: The Mayor shall open the hearing and invite the public to the podium for comment.

(5)

Closing Hearings: The Mayor may close the public hearing at the meeting upon their determination that there are no other members of the public desiring to speak.

(Ord. No. 24-12, 10-29-24)

3-709. - Participation by the Public.#

(1)

Employee/Public Recognized: No person in the Council Chambers shall speak unless recognized by the Mayor. Upon being recognized, they should be directed to the dais and state their full name.

(2)

No Interruptions: No person shall interrupt City Council proceedings.

(3)

Three-Minute Rule: No person shall speak more than three (3) minutes except upon waiver by the Mayor or on motion of the membership.

(4)

Procedure: Orderly procedure requires that each person shall proceed without interruption from the audience and shall retire when their time is up; that all arguments shall be addressed to the governing body, and that there be no questioning or argument between individuals.

(5)

Questions: The Members of the governing body and staff members may ask questions and make appropriate comments; however, no Member shall argue or debate an issue with the petitioner.

(6)

No Assignment of Time: If there are several speakers on a matter, one person may not assign their time to another. Citizen groups may select a person to make their presentation in their behalf.

(7)

Orderly Conduct: Citizens attending meetings shall observe rules of propriety, decorum, and good conduct. Any persons making personal, impertinent, or slanderous remarks, or who become boisterous while addressing the governing body may be removed if directed by the Mayor. Such persons may be barred from further audience before the governing body. Unauthorized remarks and similar demonstrations shall not be permitted by the Mayor who may direct offenders from the Chambers.

(Ord. No. 24-12, 10-29-24)