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1- 24 NRS 241.020(2) provides that except in an emergency, written notice of all meetings must be given at least three working days before the meeting. NRS 241.020(8) defines an emergency as: “an unforeseen circumstance which requires immediate action and includes, but is not limited to: Disasters caused by fire, flood, earthquake or other natural causes; or Any impairment of the health and safety of the public.” Recesses should be called throughout the meeting for the comfort of both the Council and the audience. Recesses should not exceed 15 minutes and should be called at a maximum of two hours of meeting time. The meetings will adjourn at 10:00 p.m., agenda items will not normally be initiated after 10:00 p.m. At 9:00 p.m., the Council shall determine which agenda items the Council will consider for the remainder of the evening. Items not heard by the 10:00 p.m. limit will be carried to the next regularly scheduled Council meeting, unless the Council chooses to continue the meeting by majority vote. The time and/or place of a regular meeting may change by majority vote of Council members. Any additional Council meetings may be held by majority vote of Council or through statutory procedure. If a regular meeting day falls on a legal holiday, the meeting shall be held on the next business day. AGENDA: Order of Business (Regular Meetings): Pledge of Allegiance Roll Call Approval of Minutes Approval of Consent Agenda Action & Information Items – Departments Resolutions (if not listed during public hearing) Recess Reconvene Public Comment & Presentations Public Hearings (if any) Ordinances & Resolutions (if any) Pulled Consent Items (if any) Mayor & Council Items Citizen Agenda Items Adjournment Time Certain for particular items may be set at the time the agenda is posted or by request of the City Manager, Mayor, or Council members at the beginning of the Council meeting. Time Certain means that the particular item will be heard no earlier than the time and may be heard any time after the specific time. For those agenda items listed earlier on the agenda but not heard those items will be addressed after the public hearing. (ORD 2009-019) ---PAGE BREAK--- 1- 25 The Consent Agenda matters are routine and may be adopted by one motion. There will be no discussion of separate items, unless members of the City Council, staff, or members of the public, requests that a specific item be discussed and removed from the consent agenda for individual consideration after public hearings. Citizen Agenda Items: Any citizen of the City may fill out a Citizen Initiative (agenda form) form and submit it to the City Manager’s for appropriate consideration and referral. If the City Manager’s office determines that the Citizen Initiative request has merit, it will be referred to the appropriate staff, board or commission, or the City Council. If the City Manager’s office determines that the Citizen Initiative should not be referred, the Office will inform the citizen in writing and let the citizen know that he or she can appeal to any Council member to place the item on a future Council agenda. Written Communications: Interested parties or their authorized representatives may address the Council by written communication in regard to matters under discussion. Written materials presented to the Council by members of the public should be submitted to the City Manager’s Office five working days prior to the Council meeting at which they are to be considered. When submitting written materials, members of the public must provide copies for distribution to all members of the Council, the Mayor, City Manager, City Attorney, City Clerk and Department Directors. When, in the opinion of the Council, information is presented untimely, and Council is unable to adequately review the materials before proceeding with the matter under discussion, the item shall be deferred for later consideration at that meeting or tabled to a later meeting. Public Comment and Presentations: During the proper time on the agenda, citizens attending a regular meeting may address the Council. Each person desiring to address the Council shall submit a comment card. Each person addressing the Council shall state into the public record. Public Comment on items not on the agenda shall be confined to five minutes maximum duration, and should not be repetitious, no person other than the individual speaking shall enter into the discussion without the permission of the presiding officer. No questions shall be asked of a Councilmember except through the presiding officer. No action shall be taken on issues raised under the Public Comment section of the agenda. Presentations should be presented and held to ten (10) minutes or less, unless the Mayor or the City Council grants additional time by a majority of the Council members present. Such presentation shall be limited to the particular agenda item. No item shall be submitted to the Council, except through the City Manager, however, any member of the public, member of the Council or the City Manager may submit emergency items to the Council during the Council meeting. Excepting emergency actions necessary in furtherance of the public health, safety, or general welfare, no Council action shall be taken on any item not included on the published agenda. ---PAGE BREAK--- 1- 26 PRESIDING OFFICER: Pursuant to NRS 266.200, the Mayor shall preside over the City Council. In the absence of the Mayor, the Mayor Pro Tem shall be the presiding officer. If neither the Mayor nor the Mayor Pro Tem is available at a Council meeting, the Council shall appoint a presiding officer at the start of the Council meeting. The presiding officer shall preserve order and decorum among the members and enforce the rules of the Council and determine the order of business. The presiding officer shall state every question coming before the Council, announce the decision of the Council on all subjects and decide all questions of order, subject to an appeal to the Council, in which event a majority vote of the Council shall govern conclusively to determine such question of order unless otherwise subject to veto procedures outlined in Chapter 266 of Nevada Revised Statutes. The presiding officer may limit public input on an item to a time of five minutes. CALL TO ORDER: The presiding officer shall take the chair at the hour appointed for the Council meeting and shall immediately call the Council to order. ROLL CALL: Before proceeding with the business of the Council, the City Clerk, or the Clerk’s designee shall take the roll of the Council members, and the names of those present shall be entered in the minutes. Roll Call will be placed as an item on the Agenda for every Council meeting. If a Council member were absent at a prior Council meeting, the presiding officer will declare whether the absence was excused, unexcused, or whether the Council member took a personal leave of absence. Should a Council member arrive late to a meeting after roll call, the presiding officer shall note the Council member’s arrival into the minutes and reverse the absence. Quorum – A quorum shall consist of a majority of the members of Council. In the event of a lack of quorum and/or an emergency as defined by NRS 241.020(8) teleconferencing attendance at meetings by Council members will be permitted, when a Council member is unable to attend a meeting and a quorum is lacking teleconferencing may be used to establish a quorum. When teleconferencing is used, facilities/equipment will be used which permit the public to hear and/or observe all telephonic/video communications. The minutes of the meeting shall clearly set forth which members are present in person and which are present by telephone or video conference ---PAGE BREAK--- 1- 27 ATTENDANCE: This Attendance policy, effective January 1, 2008, has been revised effective June 24, 2008 and applies to all Council meetings subject to Open Meeting Law requirements. Council members will have three paid personal absences during a one year period, starting January 1st of each year. Personal absences is defined as excused and not applicable to Council approved absences for bereavement and/or or illness. A Council member missing three consecutive and unexcused Council meetings, not including any personal absences, and excused absences, as defined in this section, shall constitute neglect or refusal to discharge the duties of a Council member. Absent appeal, the council member’s office shall be deemed vacant at the next regularly scheduled meeting. A Council member missing four unexcused Council meetings between January 1st and December 31st, not including any personal absences or excused absences, shall constitute neglect or refusal to discharge the duties of a Council member. Absent appeal, the council member’s office shall be deemed vacant at the next regularly scheduled meeting. A Council member may appeal a pending vacancy by giving written notice prior to next regular Council meeting to the City Manager of his/her intent to appeal the pending vacancy. This notice must occur prior to the City posting the Agenda in order for the matter to be properly agenized. During the appeal hearing, council members may consider the council member’s past attendance and reasons for unexcused absences. At the close of the appeal hearing, a council member may make a motion to overturn the automatic finding of neglect or refusal to discharge the duties of a Council member due to absences. Such a motion must contain attendance provisions for the remainder of the calendar year and will only prevail by majority vote of council members. If the motion does not prevail, the council member’s office shall be deemed vacant. Excused absences include City and Council business, and illnesses as defined in the City of Fernley Personnel Manual, this includes but is not limited to: his/her own physical illness or injury; his/her own exposure to contagious diseases or when attendance at a Council meeting is prevented by public health requirements; the need to care for a dependent child or spouse or parent who resides with an employee or who is dependent upon the employee for support; medical or dental appointments, provided that there was a reasonable effort to schedule such appointment at times to have the least interference with the work of the council; any member of the Council who is absent from a Council meeting due to illness shall be at their residence or a medical facility or their doctor’s office. The ordinance may require the Mayor or Council member to provide a medical doctor’s certification that the illness/injury absence was necessary for the Council member to make a full and timely recovery, or was appropriate to avoid the spread of a contagious disease. Any member of the City Council who must be absent from a Council meeting to attend the funeral of a family member who is within the third degree of ---PAGE BREAK--- 1- 28 consanguinity or affinity is considered excused. Council members are encouraged to notify the Mayor and/or the City Manager of their intended absence prior to the Council meeting (preferably in writing). Notice (preferably in writing) must be given prior to the next regular council meeting where the Mayor will determine whether an absence by a council member is excused or unexcused. If notice is not provided, the Council member’s absence will be declared as a personal leave of absence if not already used and unexcused where the Council member has already used his/her two personal leaves of absence. A Personal leave of absence and excused absences shall be paid. When the Mayor declares an unexcused absence, the Council member will be deducted 1/30th of his/her annual salary. In the event of a vacancy of a Council member, the vacancy shall be filled in the manner provided in NRS 266.225. Mental and/or physical incapacity shall be governed by the procedure of NRS 283.040. This section shall not limit or define any other statutory procedure governing discipline. (ORD 2008-007)