HomeMy WebLinkAboutResolution 96-316 11/04/1996` Resolution No. 9F-316 N.C.S.
.~ of the City of Petaluma, California
t AMENDING THE RULES OF PROCEEDINGS
z OF THE CITY COUNCIL
3 AND RESCINDING RESOLUTION90-375 NCS
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s WHEREAS, the Petaluma City Council desires to amend Section II - 3. Selection and terms of Vice
6 Mavor and to add Sec[ion II - 4. Liaison Assignments of the RULES OF PROCEEDINGS OF THE
~ CITY COUNCIL.
a NOW, THEREFORE, BE RESOLVED by the City Council of the City of Petaluma as follows:
9 I. Resolution 90-375 NCS shall be rescinded in its entirety, and,
l0 2. The Rules for Proceedings of the City Council, as amended, is hereby adopted.
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za Under the power and authority colderred upon this Council by the Charter of said City.
zs REFERENCE: I hereby certify the foregoing Resolution was introduced and
zb Council of the City of Petaluma at a Reeular meeting on Approved as [o
z7 November 4, 1996, by the following vote: f9p~n: n
28%S/+---L~i-
z9 City Attorney
3o AYES: Maguire, Hamilton, Barlas, Read, Shea, Vice Mayor Stompe, Mayor Hilligoss
31 NOES: None
3z ABSENT: None ~~~JJJ - ~
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34 ATTEST: ~1
3s City Clerk Mayor
Nov. 4, 1996 Council File -
Resolution No. 96-316 NCS
CITY COUNCIL
RULES FOR PROCEEDINGS
Printed on 10 December, 1996
q~-3t~ ~/cg
~1 RULES FOR PROCEEDINGS OF~ THE,~CITY OOUNCI'L
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3 I. MEETINGS
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s 1. 'Regular meetings -Adjournment
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7 Regular Council meetings shall be held on the: first and third Mondays of each month,
s commencing at th[eep`m. When any such Monday is;a egal holiday, the regular
9 meeting thereof shall be held:on the next following, day'not being a legal holiday aYthe
to same hour.
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1z New agenda items will-not be started after eleven p.m. without a vote of the Council.
13 Matters not reached.or completed by eleven p.m. will normally be continued to the
14 next adjourned or ~egularmeeting.
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16 2. ~ecial meetings
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11s Special meetings=may,6e~called by the Mayoroc by threeother members of the City
19 Councit. Ataherequest ofithe Mayor or three;other members oEthe Council, the.City
20 Clerk shall prepare a notice.ofeach special meeting; showing the time; place and
2T object thereof, which notice shall be delivered to the Council members at heir
22 residences at least twenty-fourfiours before meeting,4ime, unless Council members
23 sign a waiver of notice:-as authorized by State law. The; only subjects which maybe
24 acted-upon at a special meeting of the Council shall 6e those mentioned in the notice
25 thereof.
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27 3. .Adjourned meetings
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29 Any meeting of the CouticiC:may be,continued oradjourned from day to day, or for
3o more-than one day, butnot;longer-thanuntil`the next regular meeting. Such
31 adjournment shall be pursuarit;to the;drections of the PresidingOfficer, or upon vote
32 by a majority of those present atahe,:meeting to be adjourned. It is not necessary that
33 a quorum be present for the purpose of adjourning ameeting o£the City Council to a
3a laterdate.
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1 4. Study session
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3 The Council may from time to time meet in study'sessions open to the public and news
4 media, the time and place to be designated by the Mayor. Notice of such sessions will
5 be given,at!the prior Council meeting or by the City Clerk to thosemews.mediatyho
6 have:requestedmotjce in writing at least twenty-four hours in advance of such meeting.
7 Study`sessions shall be,devoted to the exchange of information deemed essential
S before a regular Couhcil meeting. No formal vote or official action shall:be Taken at
9 the Study $es_sions; but members of the Council in, aftendance shall be entitled to
to express their opinions ofany matter under discussion; providing, however, that
11 nothing in this section stiall,prevent a polling of the Council or the taking of any
12 informal vote or consensus in any matter underdiscussion: The participation of the
13 public in such sessions,shall be within the discretion of the Presiding Officer and
la subject to Eounci( concuirence. Study sessions need notbe so designated, but maybe
15 called idea sessions; information sessions, workshops, etc.
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17 5. Location
IS
19 All Regularmeetingsofthe'City council shall beheld inahe;Petaluma City Hall, except
20 when a different place is±agreed upon by a majority,ofthe Councilor provided for in
21 these rules.
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zs II. OFE'ICERS ANDMEIVIBERS
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25 1. Eresiding_officer -:designation
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z7 The Presiding Officei of all meetings of the City Council shall be the Nlayoror, in the.
2s 1Vlayor's'absence;,the Vice~President, who may, for all ceremonial purposes, be called
z9 the Vice Mayor of the City; as provided, in Sections 20 and 21 of the-City Charter.
3o The-Presiding Officer may. introduce~or; second=and.debate any matter before the
31 Council from the chair.
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33 2. 'Duties of Presidin :Officer,
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35 Decorum and order shall be preserved'by the Presiding Officer, who will also decide
36 al]' questions of order, subjectto appeal to the Council. If a member transgresses the
11/21/1996 1 N C.S Page 2 of 10 pages
9 to -3 to
1 rules.of the Council, the Presiding Officer shall, orany:member may, call him/her to
2 order; imwlich case,'upon order"of the Presiding;,Officer, such membershall:relinquish
3 the+floor, unless permitted'by the PresidingOfficerto explain. The Presiding Officer
4 shall control time o£individual presentations in accordance with these rules,
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6 3. $election~and terms of:Uice Mayor
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s The Vice Mayor shall be selected,at the firstmeeting in-January and shall serve for a
9 one=year term. 'The "selection shall be based on seniority. In the case of newly seated
1l) Council members, their seniority shall be established 6ythe number of votes received
11 at the, time of their election. If a Council member doesnot accept the appointment, the
12 ciiember's.name shall go back to the bottom,of theseniority list. No member of,the
13 Council shall serve a econd term until all other members of the Council have had an
la opportunity to serve.
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16 4. )/iaison Assi nR ments
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is The.Mayorwill make annual liaison assignments in January. A1LCounciLmembers
19 sfiall sn6mit-to the.lVlayor in Decembertheirschedule~ofwhen they will be able to
20 serve on Commissions/Committees. The Mayor shall;di'scuss and coordinate
zl appointments with the individual Council members prior to making appointments.
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23 5: Clerk -.Duties
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25 The City Clerk shall beahe Clerk of the City'Council, whose duties at Council
25 meetings shall be asfollows:
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28 A. Call and record the names of the members present;
29 B. Keep and record all minutes of,t}ie;meefingsofthe City Council;
3o C. Read and present all communications and written reports, proposed resolutions
31 and ordinances;
32 D. ,Record the yes and no^vofes~of'the members of the Council on all resolutions
33 and,ordinances!introdiaced and adopted;,
34 E. Perform such otfierduties:as shall,be-directedibythe City Council.
35 The Glerk~shall prepare an?agenda for each regular~orspecial.meeting describing each
36 item of business to be considered', and`will furnish a copy of the agenda to the Mayor,
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•1 each Council member,. City Manager, City Attorney and Department Heads, prior to .
2 the meeting. The'CityClerk shall post the agenda;in a;public area 96 hourapriorto
3 each Regular and Adjourned meeting. Agendas for Special meetings shall be posted
4 24 hours prior`to the meeting:
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6 6. Temporary chairman.
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8 At any meeting at which the Mayor and Vice Mayor-are-.absent, the. City Clerk shall
9 call the meeting to order and call the roll. If a quorum is present, the Council shall
to select, by majority vote.of those present a temporary chairman, who will perform the
11 duties of the Presiding Officer until either the Mayor or Vice Mayor appears.
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13 7. Seatin¢ arrangement,
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15 Members of the Council shall occupy the seats in the Council Chambers assigned to
16 them by the Mayors but ahytwo or more members may exchange seats by mutual
17 agreement
8,: Excusal from attendance
2l No member shall be excused from attendanceat a Council meeting,.excepYupon
•22 notification to the City Clerk or City Manager.
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24 .9. Excusal during Council session
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`26 No member may leave' he;.Council Chambers during a'regular session without
27' ~ permission of the'Presiding.Officer, unless he/she steps down because ofa conflict+of
28 interest.
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3o III: CONDUCT OF BUSINESS
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32 1. A;eenda
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34 The business ofall meetings ofi he Council•wll betransacted in the order set out upon
35 the agenda, and. shall include the following items ofbtisiness, as applicable.
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.1 A. Roll call of members;
2 B. Reading of minutes of preceding'meeting;
3 C. Public comment;
4 D; Council comment;
5 E. .Consent calendar,
6 F. Consideration of unfinished business;
7 G, Petition and communications;
8 H. Public hearings;
9 I: Staff and Council Reports;
l0 J. Consideration ofNew business;
11 K. Closed Session;.
1z L. Adjournment
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la Minutes The reading of;the minutes of the preceding,meeting maybe dispensed with.
15 unless.required on a.vote of the majority of memberspresent. If no objection to the
16 minutes is made, the same will be deemed approved.
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la Consent Calendar Items which are noncontroversial, which have been°reviewed bythe
19 Council and staff.and which.have been'made,availa6le~tosmembers ofthenews media.
20 and the public=at Council meetings shall be grouped.togetherand listed under the
z t Consent Calendar„ Adoption of the Consent Calendar will be made by one action only
2z of the Council The,:Presiding Officer shall first.advise the,audience thaYthe Consent.
23 Calendar matters shall 6e adopted in toto 6y'one action of the Council unless any
24 Council member has a question on an item. In thatseyent, the Presiding Officer may
15 defer action on the,particular matter or matters andplace; he same on the regular
26 agenda for consideration in any order he/she deems appropriate.
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2s Agenda Order The order of the agenda shall be.established by the City Clerk; who
29 may fix a time for public;fiearings:atra,later'time in,themeeting than its
3o commencement. Any item'except a:public hearing;noticed for a particular time maybe
31 taken out of order upon direction of the Presiding Officer, unless^a majority of the
32 Council presents directs otherwise
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34 Agenda Posting The agendafor-aRegular:or'Regular Adjourned meeting must be
35 " posted in a place accessible~to, the public for 96 consecutive hours prior to the
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.1 meeting. The posted agenda must include all items to be'transacted or discussed'.
2 However, there is no specific'prohibition of discussion: of items not on the agenda.
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4 The City Council is prohibited from taking any action on any item not listed in the agenda,
5 "unless any one of the following conditions exist:
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~ (a). Upon a determination by a majority vote of the legislative body that an emergency
8 situation exists.
9 (b). Upon a determination by atwo-thirds vote of the legislative body, or, if less than
io two-thirds ofthe-members are present, a unanimous vote of those members present,.
11 that the need to take action arose subsequent to the,agenda being posted.
lz (c). The item was posted for a prior meeting of the legislative body occumng not
13 more than five calendardays prior to the date action was taken on the item; and at the
14 prior meetingthe item was continued to the meeting: at which action is being taken.
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16 "Action taken" is defined underthe Brown Act as follows: 'collective decision.made by a
~~ majorityof the members o£a;legislative body, a collective commitment or promise by a
1s majority of the legislative;body to make a positive or a negative decision, or an actual vote by
19 a majority'of the members of the'Iegislative body when sitting~as a body or entity,,upon a
20 motion, proposal, resolution, older or ordinance°.
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22 2. Addressing Council- Public'Comment
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24 The agenda will coritain an item when the public may address the Council. (1) Items
25 of interest to the public and (2) Within the subjecfmatter jurisdiction of the legislative
z6 body: The maximum time for this agenda item shall be 15 minutes. The Presiding
27 Officer shall determine,the number of persons wishing to speak and establish time
28 limits of 5 minutes maximum focindividual presentations.
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30 3. .Permission required - To address CotiriciC
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32 No person other than„a member ofthe Council or,a City official will be permitted to
33 address the Council unless.he,is.introduced ot; permitted by the Presiding Officer, or a
34 member of the Council iequests'tfie'Presiding Officer to permit such person to address
35 the Council. Persons addressing the Council shall furnisbthe City Clerk with their
36 names and addresses.
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1 4. Time limit on addressing Council - General
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3 Persons who addi-ess the Council under specificagenda items wilhbe liitiited to ten
4~ minutes, unless specific extension is approved by a,majority of members present.
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6 dV: RULES OF COUNCIL
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S' 1. Amendment or adoption ofrules
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to The rules of this article maybe amended or new rules adopted by resolution.
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2.
Change of rules of Council
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la Any provision of the rules in this article not governed by the Charter maybe
15 temporarily changed at anymeeting of the Council, by a majority vote;of all members
16' present. The vote on any such change shall be taken'by^a roll call and entered upon
17 the records.
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19 3. Introducing an ordinance:- Printing or posting
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2i An ordinance or resolution shall be deemed to have been-introduced when itis filed
zz with the City Clerk and.moved and seconded by different members of the Council at
z3 any<regularmeeting or at a special meeting called for the purpose of introducing the
2g ordinance. The Clerk shall note the name of the persons moving and seconding the
25 proposal in the minutes.
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27' 'The Clerk shall present an ordinance for introduction-at the proper time, at which time
28 a;vofe of the memberssshall determine:whether-the ordinance shall be printed or
29 posfed, as required by Section 45 of the City Charter.
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31 4. Withdrawal of ordinance
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33 An ordinance maybe,withdrawn at any time before it is acted upon by the Council
3a only with the consent of the members moving and seconding its adoption.
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Resv 9ln -31 ~ NLS
.1 5. Introducing ordihance or resolution out ofreaular order
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3 The:Presiding Officer may at any time permit a member to introduce an ordinance or
4 resolution out of the regular order,
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6 6. Introducine resolution: publication or posting
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8 A resolution maybe introduced and seconded by different members of the Council and
9 acted uporrat the same'.meeting. It need not be`published or posted.
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I I 7. Withdrawal of resolution prior to action upon by Council
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13 A resolution may be withdrawn only with the consent. of the members moving and
14 seconding its adoption; at any time beforeit is+acted upon by the Council.
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16 8. Resolution to lav'orr table -Resumption
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Is A resolutiomto lay on the tabletany matterwill precludeallamendments.or debate on
i9 the subject concerned: If the resolution prevails;, consideration of the subject*of the
20 resolution-laid:on the:,table maybe resumed only`upon motion:of a memberwho voted
21 iri favor of the resolution. o ay on the table.
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23 9. Reconsideration ofquestion
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zs After decision bythe Council on any question, except the adoption of an ordinance,
26 any member who voted with the majority may move a reconsideration of any action at
27 the same or next succeeding meeting, and the vote shall be held thereon, atthe next,
28 succeeding or regulat meeting not less than one week"" thereafter, provided,:however
29 that,a.resolution authorizing or relating to any contract may be reconsidered at any
30 time before the final execution thereof. A motion to reconsiderwill require the same
31 numberbf votes as is required to'adopt an ordinance of"resolution. After a resolution
32 for reconsideration has otice'been acfed,upon,no other: motion or resolution for a
33 .reconsideration thereof,wip;be:made ,without unanimous consent of the members
34 present.
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1 I0. Tie votes on proposal
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3 Iri case of a tie in votes on any proposal, the proposal is considered lost.
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3 11. Right of appeal from Presidine Officer's ruline
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7 Anymembermay appeal.,to the Council from a,ruling of the Presiding Ol~cer. The'
s member making the appeal may state briefly the reason for same, and the Presiding
9 Officer may state briefly'fhe basis for the ruling; but, there will be no debate on the
to appeal; and no other member may participate in the discussion. The Presiding;Officer
11 will then put the question, "Will the decision of the chair be sustained?" If a majority
12 vote "yes" the, ruling of the Presiding Officer prevails; if otherwise, it is overruled.
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l4 12. Votin
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16 Every member present when a question is put;.including`presentation,of aresolution
17 for adoption, shouldwote either"yes" or "no". At.the beginningof any:agenda item
1s where a member has a financial interest in the question ,within the meaning of
t9 Government Coda: §87.1;00 the nature and extent of the financiaLinterestshall be
20 disclosed immediately and the,Council memberahall leave the dais°thereby absenting
21 himself/herselffvom consideration of the item.
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23 The City-Clerk shall record his/her vote as an abstention. In all othercases, whenever
za a member refuses to vote;--the City Clerk shall cast a vote of "yes" for such member.
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26 .13. Right to dissent or protest
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28 Any member hasthe right to express dissent from, or.grotest against any ordinance or
29 resolution presented io or adopted by the Council, and have the reasons therefor
3o entered upon thejournal,ofthe Council's .proceedings. Such dissent or protest must be
3i in writing couched in respectful language and presented to the Council not later than
32 the next regular meeting following the date orpassage of the action objected to.
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1 14. Motion to vote immediately
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3 Any Council member, wheh'i•ecognized`by'-the Presiding Officer, may move to .vote
4 immediately. Upon such-motion, if seconded; all discussion shall be terminated and a
5 vote takemon the motion, A vote _of four Council members (or if less than a full
6 Council is present, two thirds):is necessary tost[staiti the motion. If the motion
7 carries, the vote on the~:proposal befoi•e.the Council shall betaken immediately,
8 without further discussion.
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11
i2 rules.doc
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14 Reso. 86-340'NCS 12!22!86 §III Conduct of Business, 2. Addressing the Council -.Public Comment
15 Reso. 89-255 NCS 08/21/89 §I Meetings, 1. Evening meetings begin aG7:30 p,m.
I6 Reso. 90 33 NCS 01/16/90 §I.Meetings, 1. Evening meetings, begin a[ T:00 p.m., no new
17 items after Il p m
18 Reso. 90-375 NCS 11/19/90 §I Meetings, 1. Have a 3 p.m. meetiag, IV Rules of Council, 14: Motion,to
19 vofe'immediately -<need 4 votes on motion•,to `vote immediately'
20 Reso...-96s316''NCS 11/04/96 §IIOfficers, amend 3.:Selectiomof Vice•Mayor; add 4. Liaison
21 Assignments,,renumber items through~end'ofahesection
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