Document Ogden_doc_81d2a6b94d

Page 1 of 1 Ogden City Council Work Session: November 1, 2016 COUNCIL RULES OF PROCEDURE AND COUNCIL NORMS - Modifications to allow Council Chair to Open Public Hearings Without a Motion Purpose ofWork Session: To Discuss Proposed Changes to the Council Rules of Procedure and Council Norms Executive Summary The Council will review proposed changes to the Council Rules of Procedure and to the Council Norms to allow the Council Chair to open public hearings without a motion from a Council member. Background The Council Rules of Procedure outline the Council’s rules for conducting meetings and addressing other procedural issues. The Council Norms set forth the Council’s purpose, vision, goals, priorities, expectations, relationships, and how the Council conducts its day-to-day business. From time to time the Council updates these documents to reflect changes in policy or to align with changes in internal or external processes. May 30, 2017 The Council held a work session to discuss the proposed FY18 Budget. The Council Executive Director reviewed the proposal to add additional Public Hearings to the Budget process. During the discussion, Vice- Chair Hyer requested that the rule requiring a motion to open public hearings be changed to allow the Chair to open public hearings without a motion. Staff agreed to review the Council Rules of Procedure and Council Norms and review suggested changes with the Council. Proposal The proposed modifications to the Council Rules of Procedure are as follows:  Adds a statement indicate the Chair will open the public hearing The proposed modifications to the Council Norms are as follows:  Removes the requirement for a motion to open a public hearing Council Staff Contact: Janene Eller-Smith, (801) 629-8165 ---PAGE BREAK--- RULES OF PROCEDURE - 2017 OGDEN CITY COUNCIL RULES OF PROCEDURE Page 6 A citizen who is reading verbatim from a typed or written statement may provide a copy to the City Recorder when his/her comments are finished so it may be included as part of the public record. L. Comments. Any Council member, the Mayor or his/her representative, or Council Staff may request time to address the Council on matters of City business. M. Out of Order. The Council may, by motion and majority vote, proceed out of order to any order of business or return to any order already passed. 6. Public Hearing/Public Input Process A. Introduction of the issue is given by the Chair. B. Administrative or Council Staff gives an overview. C. Applicant/petitioner makes his/her presentation, if applicable. Presentation is limited to ten (10) minutes. Any remaining time will be forfeited. C.D. The Chair opens the Public Hearing or requests public comment. D.E. The public is asked to comment. Individual comments for a public hearing are limited to five minutes and individual comments for public input are limited to three minutes. Any remaining time will be forfeited. E.F. The Council closes or continues the public hearing. If it is a public input item this action is not necessary. F.G. The Council members then discuss the issue amongst themselves. G.H. Action by the Council: approve, not approve, approve with changes, or table/continue. 7. Motions A. No motion shall be debated until it has been seconded and announced by the Chair. B. Any motion may be withdrawn or modified by the sponsor of the motion, with the consent of the second, at any time before amendment, decision or voting. C. When a question is under debate, the Council Chair shall entertain no motion except the following procedural motions, whose passage shall require the affirmative vote of a majority of the members present. 1) To adjourn 2) To recess 3) To take up a question out of its proper order 4) To move the previous question 5) To postpone to a day certain 6) To refer to a committee (commit or recommit) Formatted: No underline Formatted: List Paragraph, No bullets or numbering, Tab stops: Not at -0.63" + -0.5" + 0" + 0.39" + 0.89" + 1.13" + 3.5" ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 21 Conducting the meeting According to the Council Rules and Procedures, the Chair conducts the meeting and in his/her absence, the Vice Chair presides. In those instances when both the Chair and Vice Chair are unable to be present, the immediate past Chair presides. Public Hearings/Public Input Administrative Staff will give a brief presentation explaining what is under consideration by the Council during the hearing. The Council Chair will call for a motion to open the public hearing. During a public hearing or when accepting public input, Council members may present information or request additional information from the Administration before the public hearing is closed. Council decisions shall be made on information presented during the public hearing. Information received during public input may also be considered when making a decision.  After all input has been received, the Chair shall call for a motion to close the public hearing. Roll call versus voice votes Roll call votes are used for: Ordinance adoption. Resolution adoption (does not apply to ceremonial resolutions and proclamations). A decision to set a closed executive session. A vote which has a significant legal impact. Voice votes may be used for: Adoption of Minutes. Procedural questions adjournment, tabling, setting public hearings). Preliminary decisions voting on an amendment to a motion under consideration, or a segment of a community plan which still awaits final adoption as a total package. Ceremonial resolutions, proclamations, and citizen recognition awards An individual or group may be formally recognized through a ceremonial resolution, proclamation or citizen recognition award. The Mayor is generally invited to participate in these recognitions.  Resolutions recognize the collective efforts of an individual, group or organization. ---PAGE BREAK--- RULES OF PROCEDURE - 2017 OGDEN CITY COUNCIL RULES OF PROCEDURE Page 1 Overview The City Council’s Rules of Procedure define the organization of the Council, filling vacancies, and outlines expectations on how Council meetings are conducted. The Rules of Procedure also address the Council’s role and expectations with regard to committees. The areas covered by the rules of procedure are: 1. Organization of the Council. 2. Attendance of members. 3. Intergovernmental Committees. 4. Identification of meeting for public record. 5. Order of business and organization of Council agenda. 6. Public hearing process. 7. Motions. 8. Debate. 9. Questions decided without debate. 10. Voting. 11. When Council members shall vote – personal interest. 12. Quorum. 13. Meetings. 14. Decorum. 15. Privilege to address the Council. 16. Personal privilege – protest. 17. Ordinances. 18. Reconsideration. 19. Vetoes. 20. Committees. Special, Ad hoc, Joint Committee at request of the Mayor, and Oversight. 21. Suspension of the rules. 22. Amendment, revision or addition to rules. 1. Organization of the Council A. Election of the Council Chair and Vice Chair After newly elected Council members are sworn in, the City Council of Ogden City shall elect from among its members a Chair and Vice Chair, as provided in Section 2.3.5 of the Ogden Municipal Code and Section 10-3b.203 1)(a)(iv)(2008) Utah Code Annotated, with such Council leadership positions for the purpose of these Rules of Procedure and Council dealings, operations and records to be known and referred to as the Chair and Vice Chair. In even-numbered years the election shall take place during the Council meeting held at 12 o'clock noon on the first Monday of January. In odd-numbered years, the election shall occur at the first regular Council meeting in January. Separate nominations shall be accepted for the chair and vice chair positions. Any Council member may nominate another Council member or himself/herself. The Chair opens nominations for Council Chair and closes nominations after all nominations are made known. The Council Chair candidates are given the opportunity to comment in the order of nomination. The Chair then calls for a motion to consider the first candidate nominated for Chair. After a motion and second a roll call vote is taken. If there is no majority for the ---PAGE BREAK--- RULES OF PROCEDURE - 2017 OGDEN CITY COUNCIL RULES OF PROCEDURE Page 2 first candidate then the Chair calls for a motion to consider the second candidate nominated for Chair. If the first round of candidates each fail to obtain the requisite four votes, the Chair opens nominations for new or renewed candidate nominations and subsequent voting. This process continues until there are at least four affirmative votes for one of the Chair candidates. The same process is utilized for the election of the Vice Chair. Then both the Chair and Vice Chair are sworn in. The Chair and Vice Chair shall serve from the date of the election until selection of their successors in the following years. In the event of a vacancy in the position of Chair, the Vice Chair shall become Chair and shall serve the remainder of the term. A vacancy in the position of Vice Chair shall be filled by election in the manner prescribed in these rules. B. Powers and duties of the Chair and Vice Chair It shall be the duty of the chair and vice chair: 1) To give direction to the Council Executive Director to set the agenda for all City Council meetings. It shall be the general duty of the Chair: 1) To preside at all City Council meetings. 2) To order a recess at any time during a Council meeting, without necessity of a motion or vote of the Council. 3) To sign all ordinances and resolutions passed by the Council. 4) To receive all messages and communications from the Mayor and others addressed to the Council as a body and be responsible to convey all such messages and communications to the rest of the Council members. 5) To sign all correspondence determined by the Council members to be representative of the Council as a whole. The Vice Chair, during the absence of the Chair, shall have and perform all the duties and functions of the Chair. In the event of the absence of, or disability of, both the Chair and the Vice Chair, the immediate past Chair, if still serving on the Council shall temporarily serve as Chair until the Chair or Vice Chair so absent or disabled shall return or the disability shall be removed, as the case may be. In the event the immediate Past Chair is absent or disabled, or is no longer serving on the Council, the City Council shall elect a temporary Chair to serve until the Chair or Vice Chair so absent or disabled shall return or the disability shall be removed, as the case may be. In such event, past Chair or the temporary Chair shall have all the powers and perform the functions and duties herein assigned to the Chair. ---PAGE BREAK--- RULES OF PROCEDURE - 2017 OGDEN CITY COUNCIL RULES OF PROCEDURE Page 3 2. Attendance of members Every Council member shall be present during the meetings of the Council unless duly excused or necessarily prevented. 3. Intergovernmental Committee Appointment Process Each year the City Council determines which Council members are assigned or appointed to a number of intergovernmental committees. Some of the committee assignments are one-year or multi-year as determined by the Council while others require the formal appointment by the Mayor with advice and consent of the Council. The following process is utilized to determine the assignments and appointments: 1) In December of each year the Council Executive Director requests Council members to make their preferences known regarding which committees they wish to be assigned or appointed to. This information is summarized and presented to Council leadership after the election of the Chair and Vice Chair annually. 2) Council members are free to communicate their preferences to Council leadership as deemed appropriate. 3) In early January, Council leadership reviews Council members’ input and will consider who will be asked to serve. Equitable rotation, member availability, interest, etc., will be taken into consideration with each proposed appointment. 4) Council leadership will schedule a meeting with each member to discuss Council member interest and availability. Leadership will then make the final appointments. 5) Council members will be given the opportunity to decline an appointment. 6) Council leadership will address Council representation for those appointments that may occur during the year. 7) For those appointments that require the Mayor to appoint with advice and consent of the Council, the Council Chair discusses the proposed appointments with the Mayor. Once agreed upon a letter is sent from the Council to the Mayor requesting that the appointments be made. The regular appointment process is then followed. 8) A letter is sent from Council leadership to each Council member indicating the current assignments/appointments. 9) A letter is sent from the Council Office to each of the committees indicating who has been assigned/appointed. ---PAGE BREAK--- RULES OF PROCEDURE - 2017 OGDEN CITY COUNCIL RULES OF PROCEDURE Page 4 4. Identification of meeting for public record To effectively adhere to changes in the Open & Public Meetings Law and the requirement to audio tape all meetings in addition to written minutes, the Council Chair, or Council Executive Director, will announce the type of meeting, date, and indicate members present and excused at the beginning of all meetings. This will allow validation of the meeting date and attendance on the audio version of the meeting. 5. Order of business and organization of Council agenda A. Daily order of business The Council shall consider business at regular meetings in substantially the following order: 1) Roll Call 2) Pledge of Allegiance 3) Moment of Silence 4) Recognition 5) Request to be on the Agenda 6) Approval of Minutes 7) Common Consent 8) Public Hearings/Public Input 9) Reports from the Planning Commission 10) Reports from the Administration 11) Old Business 12) New Business 13) Public Comments 14) Comments a) Mayor b) Council members 15) Closed Executive Session 16) Adjournment This order is intended to serve as a general template and is subject to change based on the content of each meeting. B. Roll call. At all meetings before proceeding to business, the roll call of the Council members shall be taken and the names of those present and those absent shall be entered on the record. C. Recognition. The individual(s) being honored are asked by the Chair to step to the podium. Council leadership will invite a Council member to read and present the recognition (resolution, proclamation, award, plaque, etc.) The Council member who reads an honorary resolution/proclamation makes a motion to adopt it, there is a second, and the Council votes. The person or representative being honored is asked to comment. The Council Chair asks the person to come forward to allow the Council and Mayor to congratulate them. Council members and the Mayor stand and shake the person's hand. D. Request to be on the Agenda. An individual or group may request time to present information during a City Council meeting. A presentation at the request of the Council would also be included under this category. Individuals will be given ten (10) ---PAGE BREAK--- RULES OF PROCEDURE - 2017 OGDEN CITY COUNCIL RULES OF PROCEDURE Page 5 minutes to make a presentation, unless otherwise specified by the Council’s Executive Director. E. Common consent. Common Consent is defined as that class of Council action which requires no further discussion or which is routine in nature. All items on Common Consent shall be adopted by a single motion. Prior to the motion to adopt Common Consent items, any Council member may have any item removed in order to permit discussion on that item without the necessity of a motion or a vote for removal of such item. The removed item is considered as the next item on the agenda unless a motion is made and approved to schedule a work session or future consideration at a subsequent meeting. If four of the Council members present at the Council meeting vote are in favor of adopting the Common Consent items, every item shall be adopted. F. Public Hearings/Public Input. Public Hearings/Public Input shall consist of those items for which the Council would like to receive public comment. Such hearings shall include, but not be limited to, those requiring legal advertisement under State Law. Individual comments for a public hearing are limited to five minutes and individual comments for public input are limited to three minutes. Any remaining time will be forfeited. G. Reports from the Planning Commission. The Commission representatives and/or the Planning Staff review with the City Council recommendations from the Commission. The Council also may request consideration of an issue by the Planning Commission. H. Reports from the Administration. The Mayor or his/her representative present information regarding items on the agenda. I. Old Business. The Old Business section shall consist of those items which have been considered previously by the Council and are presented for further discussion or action. J. New Business. The New Business section of the Council agenda is defined as the introduction of new items or issues for Council discussion. New Business shall include the introduction of new ordinances unless appropriate for Common Consent or Reports from the Administration. Items added to New Business during the meeting may be discussed by the Council but no action can be taken. K. Public Comments. Any individual member of the audience may address the Council for three minutes to address all concerns at this time. Any remaining time will be forfeited. ---PAGE BREAK--- RULES OF PROCEDURE - 2017 OGDEN CITY COUNCIL RULES OF PROCEDURE Page 6 A citizen who is reading verbatim from a typed or written statement may provide a copy to the City Recorder when his/her comments are finished so it may be included as part of the public record. L. Comments. Any Council member, the Mayor or his/her representative, or Council Staff may request time to address the Council on matters of City business. M. Out of Order. The Council may, by motion and majority vote, proceed out of order to any order of business or return to any order already passed. 6. Public Hearing/Public Input Process A. Introduction of the issue is given by the Chair. B. Administrative or Council Staff gives an overview. C. Applicant/petitioner makes his/her presentation, if applicable. Presentation is limited to ten (10) minutes. Any remaining time will be forfeited. C.D. The Chair opens the Public Hearing or requests public comment. D.E. The public is asked to comment. Individual comments for a public hearing are limited to five minutes and individual comments for public input are limited to three minutes. Any remaining time will be forfeited. E.F. The Council closes or continues the public hearing. If it is a public input item this action is not necessary. F.G. The Council members then discuss the issue amongst themselves. G.H. Action by the Council: approve, not approve, approve with changes, or table/continue. 7. Motions A. No motion shall be debated until it has been seconded and announced by the Chair. B. Any motion may be withdrawn or modified by the sponsor of the motion, with the consent of the second, at any time before amendment, decision or voting. C. When a question is under debate, the Council Chair shall entertain no motion except the following procedural motions, whose passage shall require the affirmative vote of a majority of the members present. 1) To adjourn 2) To recess 3) To take up a question out of its proper order 4) To move the previous question 5) To postpone to a day certain 6) To refer to a committee (commit or recommit) Formatted: No underline Formatted: List Paragraph, No bullets or numbering, Tab stops: Not at -0.63" + -0.5" + 0" + 0.39" + 0.89" + 1.13" + 3.5" ---PAGE BREAK--- RULES OF PROCEDURE - 2017 OGDEN CITY COUNCIL RULES OF PROCEDURE Page 7 7) To limit debate 8) To lay on the table (limited solely to Council meeting at which proposed) 9) To amend D. Such motions shall take precedence in the order moved. E. Any substitute motion or amendment must relate to the same subject as the original ordinance, item or resolution under consideration. If a motion is made and seconded, then a substitute motion would be considered after the original motion is considered. If a motion is made, with no second, a substitute motion (with a second) would be considered instead of the original motion which dies for lack of a second. An affirmative vote on the amended motion negates any further consideration of the original motion. 8. Debate A. The Council Chair shall recognize any Council member requesting recognition to speak, debate, give a notice, make a motion, submit a report or for any reason address the Council, unless a motion taking precedence is offered. B. The Council Chair shall recognize the author of the motion first and then others wishing to address the motion, with the author of the motion providing the summation. C. During debate, the presiding officer shall be responsible for maintaining order. If, in the opinion of the presiding officer, private discourse among or between Council members or any other disturbance disrupts the Council's business, the presiding officer may call the Council to order. If the presiding officer calls the Council to order, all Council business shall cease until such time as the presiding officer resumes the Council's business. D. Any Council member may make a motion that the Council be called to order. E. All Council members shall be allowed to speak at least once on any subject. 9. Questions decided without debate A. To adjourn B. To recess C. Questions relating to order of business 10. Voting A. Voting shall be in the form of "yes" or "aye", "no" or "nay", and "abstain", and the names of those voting for, against or abstained entered in the Council minutes. ---PAGE BREAK--- RULES OF PROCEDURE - 2017 OGDEN CITY COUNCIL RULES OF PROCEDURE Page 8 B. A “roll call” vote is required for all ordinances and may occur for other votes regarding controversial items. “Roll call” means that each Council member, that is present, verbally gives his/her vote when called upon by the Recorder. The Chair has the discretion to call for a “roll call” vote on any agenda item depending upon the situation. If a “roll call” vote is not required or desired, a “voice vote” occurs. If any “nay” voice votes occur the Chair must verbally identify the names of those Council members voting “nay”. C. The minimum number of yes votes required to pass any ordinance or resolution, or to take any action by the council, unless otherwise prescribed by law, is a majority of all voting members of the council, without considering any vacancy in the Council 4 votes). Notwithstanding this provision, a council meeting may be adjourned to a specific time by a majority vote of the council if the majority vote is less than four members. A majority of the council members, regardless of number, may fill any vacancy in the council. D. An expression of "abstain" during voting shall not be considered as an affirmative or a negative vote. A Council member who "abstains" on a question or is "absent" on a question may not move reconsideration of the question under rule relating to reconsideration. E. In the case of a tie vote, the motion shall fail. F. Any Council member may change his or her vote prior to the closing of the vote by the Chair. G. A Council member desiring to explain his/her vote should make their comments prior to a call of the roll or voice vote or after the vote is finalized. H. No Council member shall be permitted to vote on any question unless s/he shall be present, either physically or via electronic means pursuant to 52-4-207, Utah Code Ann., and as provided in subparagraph below, when the vote is taken and when the result is announced. No Council member shall give his/her proxy to any persons whomsoever and no pairing of the vote of an absent Council member against the vote of a present Council member shall be permitted. I. The following supplemental rules and procedures will be utilized for electronic meetings held pursuant to 52-4-207, Utah Code Ann.: 1) The anchor location will be located at 2549 Washington Blvd, City Council Chambers or Suite 310, Ogden, Utah 84401, or at such other location as designated by the ---PAGE BREAK--- RULES OF PROCEDURE - 2017 OGDEN CITY COUNCIL RULES OF PROCEDURE Page 9 Council in accordance with paragraph 12.A of these rules. 2) Notices of such meetings shall comply with the special noticing requirements of 52-4-207 in addition to the general requirements of 52-4-202. 3) A Council member should notify the City Council Executive Director, or the Executive Director’s designee, in writing, of his or her intention to participate in a meeting electronically by the Wednesday immediately preceding the date of any regular Tuesday meeting, or six days prior to the date of any scheduled special meeting. Exceptions to the requested timeframe may be made at the discretion of the City Council Chair if an emergency or other unexpected event (e.g. illness) occurs for a Council member. For meetings located in the Ogden City Municipal Building, the Council member participating electronically will be connected to the electronic meeting via telephonic or other telecommunications means sufficient to meet the requirements of 52-4-207. Council Staff will coordinate the arrangements for the electronic meeting. Electronic participation in meetings held at locations other than the Ogden City Municipal Building may not be feasible. A determination of the feasibility of electronic participation for meetings held at off-site locations will be made by Council staff on a case-by-case basis. 11. When Council members shall vote - personal interest A. Every Council member who is in the Council Chambers when a question shall be stated from the Chair shall vote, but no Council member shall be obliged to vote upon any question unless s/he shall be within the Council Chambers when his or her name is called. Any member entering the Chamber after the question is stated and before it is decided, may have the question stated, cast his or her vote, and be counted. B. Any Council member who has an immediate or direct financial interest in any item pending before the Council shall disclose this fact to the Council at the time the vote is called and shall "abstain" upon such bill or measure. The Council member declaring such interest shall then leave the room during the discussion and vote on that item. 12. Quorum Four Council members shall constitute a quorum thereof for the transaction of all business. 13. Meetings ---PAGE BREAK--- RULES OF PROCEDURE - 2017 OGDEN CITY COUNCIL RULES OF PROCEDURE Page 10 A. Place. All regular meetings of the Council shall be held in the Council Chambers located on the third floor of the Ogden City Municipal Building, 2549 Washington Boulevard, Ogden, Utah, or at such other place in Ogden City as the Council may designate. B. The time and place for holding a Council meeting at a place other than such Council Chambers shall be noticed in accordance with the provisions of Utah Code Annotated title 52, chapter 4, relating to open and public meetings. A regular meeting having been convened at the place designated may be adjourned by the Council to any other place within Ogden City for the purpose of investigating some particular matter of business which may be more conveniently investigated at such other place or if it is determined in the public interest to do so. C. Regular meetings - time and notice. Commonly, regular meetings of the City Council shall be held on the first, third and fourth Tuesday of each month at the hour of 6:00 p.m. in the Council Chambers at 2549 Washington Boulevard. Prior to each scheduled meeting, beginning at 4:00 p.m., a Council Work Session shall be held. Agenda items for the meeting which begins at 6:00 p.m. will be reviewed during the Work Session. The City Recorder shall, not later than the day immediately preceding such regular meeting and not earlier than the Friday preceding such meeting, notify each Council member that such meeting will be held at the time specified. Means of notification may be via postal mail, e- mail, hand delivered, oral or telephone. D. Special meetings - call. A special meeting of the Council may be called at any time by the Chair or by a written call of a special meeting by any four Council members submitted to the Executive Director and filed with the City Recorder which shall state the time and purpose of the meeting. A special meeting of the Council shall be called at any time upon the written request of the Mayor. E. Special meeting - notice. Notice shall be given to each Council member of the time and purpose of every special meeting of the Council. The City Recorder shall, not later than the day immediately preceding such regular meeting and not earlier than the Friday preceding such meeting, notify each Council member that such meeting will be held at the time specified. Means of notification may be via postal mail, e- mail, hand delivered, oral or telephone. F. Emergency meetings. Emergency meetings of the Council may be held to consider matters of an emergency or urgent nature, if the circumstances are unforeseen. Emergency meetings may be called by either the Council Chair or by the Mayor. No such emergency meeting shall be held unless an attempt ---PAGE BREAK--- RULES OF PROCEDURE - 2017 OGDEN CITY COUNCIL RULES OF PROCEDURE Page 11 has been made to notify all of the Council members and a majority of the Council votes in the affirmative to hold the meeting. G. Open meetings law. All meetings of the Council shall be conducted and noticed in conformance with the requirements of Title 52, Chapter 4, Open and Public Meetings Law of the State of Utah. 14. Decorum A. No Council member shall walk across or out of the Chambers while the Presiding Officer is calling the question. B. Council members should avoid engaging in private discourse or committing any other act which may tend to distract the attention of the Council or the audience from business before the Council; or which might interfere with any person's right to be heard after recognition by the presiding officer. C. When speaking or debating before the Council, all persons including Council members, shall confine their remarks to the question under discussion or debate, avoiding comments on personalities. Anyone engaging in discussion or debate beyond the question before the Council shall be directed to stop by the presiding officer, and no further discussion or debate will be allowed by said person. 15. Privilege to address the Council A. Any Council member may request time to address the Council on behalf of the public on any matter the Council member deems appropriate. B. The Mayor or his/her representative may request time to address the Council regarding items not on the agenda. The presiding officer shall recognize the request and shall determine the length of time allotted to address the Council. C. No one may address the Council without first receiving the recognition of the presiding officer. 16. Personal privilege - protest A. Any Council member may, as a matter of personal privilege, speak for a period not longer than ten minutes upon such matters as may collectively affect the Council, its rights, its dignity, and the integrity of its proceedings, or the rights, reputation and conduct of its individual members in their official capacities only. B. Any Council member shall have the right to protest any action of the Council, stating the reasons therefore, and have ---PAGE BREAK--- RULES OF PROCEDURE - 2017 OGDEN CITY COUNCIL RULES OF PROCEDURE Page 12 the same entered in the minutes, provided such reasons do not impugn the motives or character of any Council member. 17. Ordinances A. Every ordinance proposed shall be introduced in writing in the form in which it is proposed to be finally passed. B. If required by law, or otherwise desired by the Council, the Council shall forthwith fix the date and time for a public hearing on the proposed ordinance. If noticing standards for a required public hearing are not provided by ordinance or statute, or, if the City Council has not indicated an alternative form of noticing for any public hearing which is discretionary on the part of the Council, the City Recorder shall provide notice of the public hearing in the following manner: 1) The notice shall be published at least once in a newspaper of general circulation in the City. 2) The published notice shall appear at least seven days prior to the time advertised for hearing. 3) The notice shall include the time and place of the hearing and a description of the ordinance in brief and general terms. 4) The notice shall state the proposed ordinance is available for public inspection in the Office of the City Recorder. The City Council is not required by law to hold public hearings on any land use ordinance. However, the Council has decided, prior to making a decision on any land use ordinance, that it will allow public input. Noticing requirements for these meetings have been established in the Municipal Code. C. Any amendments to a proposed ordinance shall be made to the ordinance prior to its final consideration and adoption. Such amendment will be noted in the Council minutes. 18. Reconsideration A. Any Council member who has voted with the prevailing side of a question may move at the same meeting to reconsider the question at the same meeting, or at either of the next two available Council meetings. If a question has failed by a tie vote, members who voted against the question shall be considered to be on the prevailing side. B. A motion to reconsider shall require a majority of all voting members of the council, without considering any vacancy in the Council 4 votes). 19. Vetoes A. In the event the Mayor vetoes an ordinance, tax levy, or appropriation duly passed by the Council, said ordinance, tax levy, or appropriation ---PAGE BREAK--- RULES OF PROCEDURE - 2017 OGDEN CITY COUNCIL RULES OF PROCEDURE Page 13 shall be scheduled for consideration by the Council at its next regularly scheduled meeting after the first agenda meeting at which the disapproved ordinance was available for City Council reconsideration. The Mayor has 15 calendar days from the date the ordinance is delivered to the Mayor’s Office to veto (per Municipal Code 2-8-2). The last day cannot be a Saturday, Sunday, or any legal holiday (per Municipal Code 1-2-6). B. A motion to override a veto by the Mayor may be substantially in the following formats: 1) “I move that all of the appropriation item(s) vetoed by the Mayor be approved and adopted again as part of Ordinance 200X-XX” 2) I move that Ordinance 200X-XX vetoed by the Mayor be approved and adopted again by the City Council.” C. Upon reconsideration of an ordinance, tax levy, or appropriation vetoed by the Mayor, a two-thirds vote (5 of 7) of all Council members shall be required before said ordinance, tax levy, or appropriation can be recorded and in force. D. Approval of an ordinance, tax levy, or appropriation vetoed by the Mayor shall not be reconsidered pursuant to section 17 of these rules. 20. Committees. Special, Ad hoc, Joint Committee at request of the Mayor, and Oversight. A. The City Council may, from time to time, create, revise, or abolish any and all Council committees, or make any changes to the committee structure, subject to a 4 of 7 vote of the Council. B. The City Council, by a 4 of 7 vote, may create by resolution any special or ad hoc committee for any specific purpose proper for Council consideration. When such committee is created, its purpose and a relevant time frame will be established. After the final report of the committee, the special or ad hoc committee of the Council will be abolished unless otherwise provided. C. The City Council may resolve, either through a standing committee or as the Council as a whole, to sit as an oversight committee for the purpose of investigating items relating to the conduct of City business. However, no powers are accorded the committee other than those provided by State Law. D. All meetings of Council committees, standing, ad hoc, oversight, shall provide notice in conformance with the Utah Open and Public Meetings Act. ---PAGE BREAK--- RULES OF PROCEDURE - 2017 OGDEN CITY COUNCIL RULES OF PROCEDURE Page 14 21. Suspension of the rules No rule shall be suspended except by a vote of two-thirds of the Council members voting, a quorum being present. 22. Amendment, revision or addition to rules A. Any Council member or Council Staff may propose amendments, revisions, or additions to these Rules of Procedure. B. Each amendment, revision, or addition proposed by a Council member or Council Staff shall be in written form, and copies shall be provided to each Council member. C. Amendments, revisions or additions to these Rules of Procedure shall be considered by Council resolution and shall be noticed on a Council agenda in conformance with the Utah Open and Public Meetings Act. D. A majority vote of all voting members of the Council 4 votes) shall be required for passage and adoption of an amendment, revision, or addition to these rules of procedure. Revised 1/17/17, Resolution #2017-2 Revised: 3/8/16, Resolution #2016-8 Revised: 3/24/15, Resolution #2015-4 Revised: 1/6/14, Resolution #2014-1 Revised 12/21/10, Resolution #2010-25 Revised 12/15/09, Resolution #2009-32 Revised 09/23/08, Resolution #2008-21 Adopted 01/09/92, Resolution #6-92 ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 1 Overview The City Council’s group norms define the Council’s purpose, vision, goals, priorities, expectations, relationships, and how the Council conducts its day-to-day business. These norms will naturally be questioned, discussed, and adjusted as new members become part of the Council. The areas covered by the group norms include: I. Council Purpose II. Council Vision III. Council Values IV. Council Guiding Principles V. Council Engagement Model VI. Council Priorities VII. Council Expectations VIII. Council Relationships IX. Council Policy Documents X. Appendix A – FY2011 Council Goals XI. Appendix B – Council Engagement Model XII. Appendix C – Staff Expectations XIII. Appendix D Scoping Document XIV. Appendix E– Agendas, Meetings, Work Sessions  Exhibit 1 – Presentation Guidelines XV. Appendix D – Office Procedures I. Council Purpose The Ogden City Council exists to establish the laws and policies of the City through plans and ordinances, to determine what services should be provided and at what level, to establish tax rates and fees, to provide oversight of City functions, to conduct financial and management audits, to respond to the needs of the citizens of the City, and pass resolutions as deemed appropriate. II. Council Vision Ogden City is the community of choice. It has a thriving economy, stable and safe neighborhoods with actively involved citizens, quality activities accessible to all, and is well known for our rich natural environment. Promote the Council vision by:  Creating an ongoing, self-sustaining, local economic engine by incubating small businesses, promoting new downtown businesses, and strengthening all business centers.  Continuing to establish ourselves as the high adventure mecca and promoting additional activities  Developing processes to encourage and prioritize responsible home ownership, stepping up efforts to encourage quality home rentals, and supporting historic preservation.  Focusing initiatives to reduce crime and gang-related activities through prevention, intervention programs, and by strengthening community policing.  Promoting effective transit alternatives throughout the City to connect our community.  Encouraging neighborhood and community gatherings  Encouraging community-wide service.  Utilizing innovative methods to inform the public.  Supporting diverse community activities and events.  Improving the quality of parks and recreational amenities.  Utilizing the natural resources found in our community. ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 2  Protecting, maintaining and preserving rivers, hillsides, and trails.  Enhancing and promoting environmentally-friendly high adventure activities, amenities and infrastructure. III. Council Values The Ogden City Council will focus on the following four core values to build community and strengthen public trust while establishing a framework for policy discussion – all four values need to be considered when creating policy: Liberty Equality Community Prosperity Liberty includes: freedom, choice, information, access, autonomy, mobility, openness, transparency, individual rights, voluntary, opportunity, individuality, exemptions, privacy, due process, independence, personal responsibility, self-determination, self-sufficiency. Equality includes: fairness, justice, tolerance, acceptance, diversity, equity, inclusion, representation, equal rights, equal opportunity, equal treatment, equal results, grandfathering, and providing a level playing field. Community includes: safety, security, belonging, identity, connection, sense of place, attractive, appealing, healthy, aesthetics, preservation, restoration, conservation, tradition, customs, the sacred, uniformity, regulation, social and moral order, quality of life. Prosperity includes: economy, efficiency, growth, productivity, profit, cost reduction, development, incentives, competition, consolidation, centralization, privatization, standardization, specialization, performance measurement, benchmarking, return on investment, market rules, and quality of life. IV. Council Guiding Principles Each year, the Council develops annual goals related to issues important to the legislative body (see Appendix The City Council and Administration also periodically develop joint goals. The Council maintains general goals that do not change from year to year. They are defined in the following statements: Accomplish the Council’s legislative responsibilities in an exceptional manner by:  Receiving and studying all available information upon which to base decisions.  Making decisions based on what is best for the citizens of Ogden.  Being responsive to our constituents.  Working to maintain the public’s trust.  Receiving assistance from Council Staff.  Understanding the structure of Ogden’s municipal government and the Council’s legislative roles.  Defining the budgetary expectations within the Council’s “Legislative Intents.”  Establishing a clear process for reviewing policy and budget proposals that are centered on specific goals. ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 3  Setting clear expectations as necessary for the Council Executive Director and expecting the Executive Director to do the same for the rest of the staff. Make well-informed decisions for the greatest good of Ogden citizens by:  Gathering information necessary to have a clear perspective and understanding of the issues.  Striving to involve all stakeholders in the decision making process.  Making a reasonable effort to understand the advice and recommendations of advisory committees, boards and commissions.  Receiving input from Council Staff and/or the Administration.  Receiving public input.  Discussing opportunities and challenges with the other Council Members. Ensure there are informative, efficient and effective Council meetings by:  Studying and preparing before each meeting.  Preparing possible questions, asking them, and ensuring they are answered.  Receiving public comment as appropriate.  Explaining Council actions to the public and/or the Administration.  Sharing individual Council member opinion or position, especially if an opposing vote is made.  Acting with courtesy among Council members, the Administration, and the public. Develop policies and positions that provide consistent, clear, fair, and optimal outcomes for the City by:  Analyzing proposals from the Administration and citizens and making recommendations to the Council.  Following adopted policies for the selection of management and financial auditors.  Developing communications for the Council or Council members that increases the effectiveness of communications from the Council. Support the General Plan Goals in the decisions that are made by the Council by:  Providing community facilities and services that provide individuals with a healthy, safe and secure community and quality education.  Supporting a community identity that is distinguished by its people-friendly environment, unique historic, artistic and architectural assets, cultural diversity and outstanding physical appearance.  Creating economic development that focuses on expanding and diversifying the economy, revitalizing older business areas and raising the standard of living – in a business friendly environment. ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 4  Ensuring that our environmental resources – mountains, rivers, green spaces and air – are preserved, reclaimed and enhanced.  Ensuring that housing is well- maintained, varied in cost, and mixed density and creates safe, stable and revitalized neighborhoods throughout the City.  Establishing land use that emphasizes revitalization of the community, creates a safe and vibrant downtown, expands business opportunities, encourages appropriate mixed uses, preserves and enhances neighborhoods and includes a pleasing green environment.  Establishing neighborhoods in which residents are involved in creating a safe, livable and attractive environment.  Ensuring there are parks and recreation facilities that are well- maintained, safe, clean, accessible and inviting, with a citywide network of multi-use paths and other facilities that provide a variety of activities appropriate to their settings.  Creating transportation choices that are safe, environmentally responsible, accessible and adequate – in a pleasing setting and connected to the region. V. Council Engagement Model The Council Engagement Model defines process options for joint efforts of the Council and Administration. This model is designed to serve as a template throughout joint processes and to incorporate public participation into these efforts. Components of the model may be used when the Council is engaging with other groups. See Appendix B—Council Engagement Model for details. VI. Council Priorities The priorities of the Council are created to direct Council Staff and Council Leadership when planning all schedules, meetings, work sessions, etc. in order to ensure that the most important issues are considered first. The current Council priorities are: 1. Policy issues 2. Budget issues 3. Vision and goal issues 4. Oversight issues 5. Relationship issues 6. Neighborhood planning issues 7. Infrastructure issues 8. Transportation issues 9. Other Issues VII. Council Expectations The Council desires to continually maintain clear expectations for the following relationships:  Council members are expected to:  Uphold the office of Council member with respect and dignity.  Raise questions and proactively address them by communicating with other Council members, ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 5 Council staff, and Administrative staff.  Follow up on all personalized constituent’s requests within a reasonable period of time.  Review city e-mails on a daily basis. When controversial actions are being considered, review emails more frequently than once per day.  Look at each decision and new proposal in light of what is best for Ogden City, while keeping in mind the established goals, policies and adopted plans.  Be willing to share ideas in open sessions, asking good questions and actively expressing concerns.  Develop strong policies that are consistent with the Council’s goals. - Work with Council staff to complete a scoping document that clearly outlines specific goals, outcomes, timelines and other relevant information for all new projects and initiatives to ensure an appropriate amount of time and other resources are identified and directed toward the project or initiative.  Review annually the “Council Staff Expectations” and make sure that expectations of staff are well defined.  Follow the “Office Procedures” as defined in Appendix D – Office Procedures and to review those policies at least annually.  Council Leadership is expected to:  Follow-up on all generic constituent’s requests or delegate them to an individual Council or staff member within a reasonable period of time.  Report back to the entire Council all important information made available to Council Leadership in the next available work session or closed executive session as appropriate.  Council staff expectations are defined in Appendix B – Council Staff Expectations. VIII. Council Relationships Council Participation on Committees and Work Groups City Advisory Committees  The Council members will not participate as appointed or ex- officio members on any ongoing City committees. Council Staff will provide agendas and minutes of City advisory committees for Council review when available /or requested by Council members. Council members may attend these meetings as any other members of the public.  From time to time, it may be advantageous for Council members to serve on a City ad hoc ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 6 committee or an ongoing committee focused on solving specific problems. Their participation and the intent of their participation on such a committee will be outlined in the resolution or ordinance establishing such a committee. City Coordinating Committees and Work Groups  Council Members may serve on coordinating committees and work groups as determined by the Council. Typically those Council Members with an interest in the subject matter participate. The maximum number of Council Members per committee or work group is three Intergovernmental Committees. See Appendix C – Other Meetings for further information. City Administration The Council will strive to maintain a strong working relationship with the Administration. Among other efforts the Council will develop a cooperative set of goals and action plans and coordinate often concerning urgent issues. City Attorney and Outside Legal Counsel Confidential information exchanged with Council members verbally or in writing from the Ogden City Attorney’s office or outside legal counsel is subject to attorney-client privilege and should not be disclosed or made public. Planning Commission Attending Planning Commission Meetings Council members are encouraged to attend Planning Commission meetings if they are interested in items on the Commission’s agenda. To avoid any type of “chilling effect” or risk of legal liability, Council members agree: To not speak during the Planning Commission meeting. Not to talk to the Commission members immediately after the meeting. Calling the Planning Commission The Council, in its deliberation and consideration of the issue, may call individual Planning Commissioners to get their views. Also, the Council and Commission as a whole may wish to meet in a joint work session to discuss an issue and the Planning Commission recommendations. Professional Courtesy When the Council chooses to take action which differs from the Commission’s recommendation, the Council is encouraged to be ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 7 specific as to the reasons for the change so the public record is definite as to the Council’s legal findings. If the Council differs from the Commission on a major issue, the Council will draft a letter to the Planning Commission outlining the reasons the Council chose a different course of action. Other Governmental Agencies and Community Organizations The Council desires to maintain good working relationships with Weber County, the Ogden School District, Weber State University, and other governmental agencies and community organizations such as Hill Air Force Base, Chamber of Commerce, the Convention and Visitors Bureau, Downtown Ogden Inc., etc. Speaking for the Council Public statements regarding Council action only are expressed if there is a consensus of the Council. The Chair will speak for the Council when and as directed by that body. Otherwise, each Council member will express their individual views themselves. If a Council member or Council Staff observes other Council members speaking for the Council, they should bring it to the attention of that individual or inform the Council Chair, Vice Chair, or Council Executive Director. Each Council member will express his or her own individual ideas to the press. Once an issue has been decided at a regular Council meeting, each Council member may express his or her views on the vote. IX. Council Policy Documents The Council adopts policy in ordinances and sets expectations in resolutions. The following ordinances are adopted or updated periodically: Annual Action Plan Capital Improvement Plan General Plan Community Plans Redevelopment Agency Policy and Orientation Manual Redevelopment Project Area Plans and Budgets Council Policy Manual Annual Budget (including legislative intents) ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 8 X. Appendix A – Council FY2011 GOALS Having a sustainable thriving economy by: 1. Creating an ongoing, self- sustaining, local economic engine by incubating small businesses, promoting new downtown businesses, and strengthening all business centers a) Develop a communications plan to educate people about buying in Ogden b) Develop a strong retail corridor along 12th Street and North Wall c) Encourage additional retail city wide d) Establish ourselves as an aerospace industry nucleus e) Recruit and maintain high paying, skilled jobs in a wide range of fields 2. Continuing to establish ourselves as the high adventure recreation mecca and promote additional activities a) Support High Adventure infrastructure that will enhance the economy and desirability for people to work and live here Having stable and safe neighborhoods by: 3. Developing processes to encourage and prioritize responsible home ownership, stepping up efforts to encourage quality home rentals, and supporting historic preservation a) Strategically focus resources in targeted geographical areas 4. Focusing initiatives to reduce crime and gang-related activities through prevention, intervention programs, and by strengthening community policing a) Support proven, effective programs to deal with gangs, drugs, and crime b) Promote neighborhood watch and other community initiates to encourage safe neighborhoods c) Support the continued use of technological advances to fight crime 5. Promoting effective transit alternatives throughout the City to connect our community Having actively involved citizens by: 6. Encouraging neighborhood and community gatherings a) Support two community fairs 7. Encouraging community wide service a) Promote “Make-A- Difference Day” as an annual event 8. Utilizing innovative methods to inform the public a) Conduct at least two Council meetings in the community Having quality activities accessible to all by: 9. Supporting diverse community activities and events ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 9 a) Invest in City owned recreation facilities for all residents regardless of age, including the Marshall White Center, the Golden Hours Senior Center, Lorin Farr pools, and the Centennial and Bonneville trails 10. Improving the quality of parks and recreational amenities a) Evaluate options for improving parks; request recommendations from the Parks and Recreation Advisory Committee Being well known for our rich natural environment by: 11. Utilizing the natural resources found in our community 12. Protecting, maintaining and preserving rivers, hillsides, trails, etc. a) Develop “Green Ogden” goals and policies b) Develop an open space plan 13. Enhancing and promoting environmentally-friendly high adventure activities, amenities and infrastructure ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 10 XI. Appendix B – Council Engagement Model ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 11 XII. Appendix C – Council Staff Expectations Ogden City Council Staff Responsibilities Council staff exists to assist the Council in accomplishing the work of the Council through adherence to the Council’s norms, rules of procedure, legislative intents, processes, schedules, and work plan. The goal is to help each Council member and the Council as a whole be successful. Council staff has the following specific responsibilities: General Serve each Council member and be fair to each. Assist the Council in understanding their responsibilities and opportunities that exist within the separation of powers as defined by State law. Assist the Council in fulfilling its purpose, vision, values, guiding principles, priorities, goals, and work plans. Advise the Council regarding land use planning, redevelopment, and other issues and policies. Respond to Council member requests within the guidelines set by the Council. Assist individual members with meetings related to Council business and where the Staff’s professional expertise is needed. Represent the Council in meetings, committees, and other gatherings as assigned. Assist Council leadership in determining the agenda for all Council meetings and then publish all relevant materials. Policy Development Develop or analyze proposed policy. Assist the Council in adopting policy in ordinances and setting expectations in resolutions. Assist the Council in adopting or updating the following policy documents: annual budget, capital improvement plan, fee schedules, general plan, community plans, annual action plan, redevelopment project area plans and budgets, council policy manual, and the redevelopment agency policy and orientation manual. Assist the Council and others to identify, work toward, and achieve common goals and objections. Assist the Council in establishing Council policies and programs through the Council norms and rules of procedure. ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 12 Analysis Evaluate all requested actions by the Council from the Administration and the community. Analyze budget and financial proposals and make recommendations to the Council. Provide balanced information to the Council upon which they can base decisions and answer constituent’s questions. Anticipate the consequences of policy decisions. Conduct research and comprehensive data collection efforts to support analysis. Interpret and apply Federal, State and local policies, laws and regulations. Review proposals submitted for the City Council agenda. Communications Develop communication initiatives and programs that help to promote public understanding of City Council policies, goals and strategies. Define messages, identify stakeholders, determine appropriate communication tools, and produce communication pieces. Assist the Council in creating decision making processes that can be clearly understood by the public. Communicate information to the media in a way that increases public understanding and awareness and builds a positive relationship with the press. Relationship Building Assist the Council in nurturing and maintaining positive relationships with citizens, citizen groups, businesses, business groups, the City Administration, other cities and counties, school districts, colleges and universities, the State of Utah, other government agencies, non- profit and community organizations, developers, suppliers, etc. Build cooperation and consensus among and within diverse groups, helping them identify common goals and act effectively to achieve them. Arrange joint meetings with the Mayor, Planning Commission, County Commission, School Board, University, and others as appropriate. Council Office Administration Run an efficient and effective Council office. Respond to and resolve citizen inquiries and complaints. Coordinate and maintain a calendar of activities, meetings and events. Provide clear and concise reports to the Council as requested. Coordinate the selection of management and financial auditors and administer the contracts with the selected consultants. Prepare and maintain the Council orientation and policy manuals. ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 13 Track policy as it is being developed and implemented. Provide mechanisms to track Council requests. Follow the approved office procedures. ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 14 XIII. Appendix D – Scoping Document Council Project Scoping Document (Updated: April 14, 2014) Project Name: Requested by: Staff assigned: Date Requested: Scope: Pros/Cons: Process/Timeline (estimate): Conclusions: Action(s): Other: ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 15 XIV. Appendix E – Agendas, Meetings, Work Sessions Topics covered in this appendix include: 1. Agenda Meetings 2. Council Meetings 3. Study Sessions 4. Work sessions 5. Other Meetings 6. Presentations to the Council 1. Agenda Meetings Reports Coming from Administration The agenda meeting is a meeting to review the agenda items and work session materials being proposed for action or consideration by the City Council. Agenda meetings are held weekly on Tuesdays at 8:30 am in the Council Office or other location as mutually agreed by the Council Executive Director and Chief Administrative Officer. Participants include: Chief Administrative Officer, Council Executive Director, City Recorder, City Attorney, Council staff, other Administrative staff as deemed appropriate by the CAO. All proposed agenda and work session items are reviewed and discussed in the agenda meeting. Agenda Item Reports are transmitted to the City Council Executive Director during this meeting. All materials being presented at the Council meeting or work session (including overheads, Power Point presentations, maps, etc.) are to comply with the Presentation Guidelines in Exhibit 1. Agenda Guidelines Common consent items Common consent items are usually straightforward and it is assumed no further discussion is necessary. If a Council member wishes to discuss an item further, s/he can request the item be removed from Common Consent before the vote is taken. As a general rule, no ordinance presented for the first time is placed on Common Consent. No Council meeting on the 5th Tuesday of the month The Council may take specific action to schedule items on the 5th Tuesday of the month or agree to do so when polled by Council staff. If asked by Administration to schedule an item, the Council staff will review the request with the Council Chair and Vice Chair and get their permission. If such a meeting is scheduled, the agenda will be for those items which cannot wait to the following week. Agenda Item An agenda item is an action that requires specific discussion and a decision at a City Council meeting. This decision constitutes a “formal” action of the City Council. ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 16 The agenda item is submitted by the Chief Administrative Officer (CAO) at the weekly agenda meeting. Agenda Item Report Each agenda item is presented in a specified format called the Agenda Item Report. Information Items Information provided to keep the Council informed and updated on topics and issues that do not require specific Council action. All agenda items for City Council meetings must meet the following criteria. If all of the criteria are not met, the agenda item will be considered when submitted in a manner which meets the criteria. The Agenda Item Report is complete and accurate. The timelines required by law (federal, state, ordinance, etc.) can be met. If the agenda item or work session topic is large or complex, an Executive Summary is to be provided that highlights the key elements of the request. All appropriate supporting documents are provided, e.g., ordinances, resolutions, agreements, etc. Proposed actions are described in an ordinance or resolution that has been approved by the City Attorney’s Office unless it is not appropriate to do so. The Agenda Item Report is to include the following information and be in the same format for each agenda item for all Departments. Transmittal – the transmittal format includes the information prescribed. Executive Summary – if the agenda item or work session topic is large or complex, highlights of the key elements of the request are to be provided as an executive summary. Supporting Documents – these documents will be provided electronically when possible and included: resolution, ordinance, contract, other legal documents, detailed description of the proposal, consultant reports, maps, diagrams, photos, etc. Council Staff reviews the agenda or work session item to ensure all supporting documents are provided, all information is materially accurate, and identifies issues and questions. A Council Staff Review is completed for each agenda and work session item unless an exception is authorized by the Council Executive Director. Council Staff may call the “Staff Contact” indicated on the transmittal to ask questions and clarify information. ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 17 The Council Staff Review is reviewed at a work session with the Council, if appropriate, and distributed electronically on Fridays along with the Agenda Item Report or work session materials as appropriate. Agenda Preparation and Distribution The City Council Executive Director, with direction from the Council Chair and Vice Chair, sets the meeting agenda. A template for the order of agenda items is included in the Council’s Rules of Procedure. This is intended to serve as a general order and is subject to change based on the content of each meeting. In the event that a time-sensitive situation arises that requires agenda amendments and Council Leadership is not available to approve the amendments, the Council Executive Director (or designee) is authorized to make the decision. The Council Executive Director will contact each Councilmember as soon as possible to explain the amendment. If Council Leadership disagrees with the amendment, it may take further appropriate actions to amend the agenda. The Recorder’s Office assigns a recorder for each meeting who is responsible for electronically preparing, posting and distributing the agenda. This person also attends the meeting and prepares, posts and distributes the minutes as required. Electronic agenda packets for Council meetings and work sessions are e- mailed on Friday afternoon before the week that the meeting will be held, or two days before a meeting that is held on a day other than Tuesday. Meeting Minutes Draft minutes from Council Study Session, Meetings, Work Sessions, and Closed Executive Sessions are considered for approval during Council meetings. Additional information regarding meeting minutes is provided within the Council Meetings sections. What is not placed on the agenda? The following items are not placed on the Council’s agenda: Political candidates seeking a forum for political platform (elected officials are okay, but the purpose needs to be business not just to talk generally during election time). Organizations or individuals seeking support of or opposition to political campaigns or ballot measures Religious organizations or representatives seeking a forum for religious proselyting. Persons who wish to criticize the Administrative staff (such concerns should be referred to the Mayor). If ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 18 a citizen has talked with Administration and still feels like they want to address the Council, the Council staff then will place them on the agenda. Individuals or organizations whose sole purpose is to entertain. Persons who have presented their issue to the Council before and no new ideas are being proposed. Presentations related to potential or pending litigation with the city. The three minute public comment period held each Council meeting may be used to address the Council on any issue or topic, including issues that may not be placed on an agenda. Scheduling of Closed Executive Sessions Closed Executive sessions will only be conducted in accordance with State law and the following guidelines. The Council staff will not schedule a Closed Executive Session unless they have received a memo from Administration in enough detail to describe what will be discussed in the closed session and had enough time to prepare a Council Staff Review. At the meeting, the Council Chair will ask the City Attorney whether the purpose of the Closed Executive Session is consistent with the State law. Section 52-4-205 of the Utah Open and Public Meetings Law defines reasons that Closed Executive Sessions can be held as: a) Discussion of character, professional competence, or physical or mental health of an individual; b) Strategy session to discuss collective bargaining; c) Strategy session to discuss pending or reasonably imminent litigation; d) Strategy session to discuss the purchase, exchange, or lease of real property; e) Strategy session to discuss the sale of real property; f) Discussion regarding deployment of security personnel, devices or systems; g) Investigative proceedings regarding allegations of criminal misconduct. After getting the City Attorney’s assurance that it does, the Council will adjourn to a Closed Session. The Council Chair entertains a motion and second to adjourn to closed session. The Council approval is taken by a roll call vote. Closed Sessions are held in Council conference room #310. The room is cleared of persons who do not relate to the topic under discussion. Once in the Closed Session, the Council Chair will ask what the purpose of the session is and what end result the Administration is expecting before the item is ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 19 discussed. This allows the City Council to determine if they concur with the topic being consistent with State Law. The Council Chair will ask Administration to introduce individuals who may not be known to the City Council. All information discussed in a Closed Executive Session must be held in strict confidence. This information cannot be shared with anyone not invited to participate in the meeting including City employees, family, friends, and the media. The Utah Open and Public Meetings Law is discussed in detail in Section 15 of the Council Policy Manual. 2. Council Meetings When to begin meetings Council meetings will begin at 6:00 p.m. Council members are expected to be in their seats prior to the start time, unless previously excused. When the City Council meeting is going late or when several long discussion items are scheduled for the same night, the Council may briefly recess the meeting to take a break. A specific time to reconvene will be indicated before breaking. During the Council meetings Utah Open and Public Meetings Law will be followed. See Council Policy Manual for State Law requirements of all Council meetings. Council Rules & Procedures – the Council has adopted a list of Rules and Procedures which address agenda items, election of Chair and Vice Chair, etc. Protocol during meetings The tone is set through cordiality. Not what is said, but the way it is said will determine the Council’s image during a meeting and out in the public. Also, if Council members feel so inclined, an occasional thank you to City Staff is appreciated by those who serve you. How the Council and Mayor are addressed in meetings. The Council is referred to individually as Council Chair, Vice Chair, or Council Member...; the Mayor as Mayor; the Staff is referred to by their last names Mr. Smith, or Ms. Jones). When Advisory Committee reports are presented The Chair shall thank the committee for their time and effort. Council members should read the Advisory Committee Report(s) and be prepared to ask questions. If appropriate, the Council will determine which recommendations ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 20 outlined in the Advisory Report the Council can support. If the Report recommendations are not supported by the Council, an explanation of the Council’s position shall be made available to the committee. Council study session, meeting and work session minutes The Recorder’s Office is responsible for creating, posting, storing and releasing all minutes. Draft and adopted minutes from public meetings are released in accordance with the Open and Public Meetings Act and the Government Records Access Management Act. The Council minutes are not official until approved in a regular or special meeting. Council staff and legal staff conduct an initial review of all draft minutes, then Council members review and consider formal adoption of the minutes. When a Council member has proposed changes to draft minutes that are being considered for approval, the Council member requests that the draft minutes be removed from the agenda. This request can occur prior to the scheduled meeting by contacting the Council Executive Director or during the meeting. The proposed changes are provided to the Council Executive Director who coordinates with the Recorder’s Office and, if necessary, the City Attorney’s Office to determine if the changes are appropriate. If the changes are appropriate the Recorder’s Office amends the draft minutes and reschedules them for consideration of approval. If the proposed changes are not appropriate the Council Executive Director communicates the reasons to the Council member. Council Staff compiles and posts “Meeting Results” on the Council’s website no later than the day following a regular or special Council meeting. The results include a description of all action items, the actual results (adopted, not adopted, tabled, etc.), and the number of supporting and/or opposing votes. All meeting results will be indicated in red font for clear identification. Recordings of regular or special Council meetings are available to the public via the City Council’s website (councilmeetings.ogdencity.com) / or in the Recorders Office the day following the meeting. ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 21 Conducting the meeting According to the Council Rules and Procedures, the Chair conducts the meeting and in his/her absence, the Vice Chair presides. In those instances when both the Chair and Vice Chair are unable to be present, the immediate past Chair presides. Public Hearings/Public Input Administrative Staff will give a brief presentation explaining what is under consideration by the Council during the hearing. The Council Chair will call for a motion to open the public hearing. During a public hearing or when accepting public input, Council members may present information or request additional information from the Administration before the public hearing is closed. Council decisions shall be made on information presented during the public hearing. Information received during public input may also be considered when making a decision.  After all input has been received, the Chair shall call for a motion to close the public hearing. Roll call versus voice votes Roll call votes are used for: Ordinance adoption. Resolution adoption (does not apply to ceremonial resolutions and proclamations). A decision to set a closed executive session. A vote which has a significant legal impact. Voice votes may be used for: Adoption of Minutes. Procedural questions adjournment, tabling, setting public hearings). Preliminary decisions voting on an amendment to a motion under consideration, or a segment of a community plan which still awaits final adoption as a total package. Ceremonial resolutions, proclamations, and citizen recognition awards An individual or group may be formally recognized through a ceremonial resolution, proclamation or citizen recognition award. The Mayor is generally invited to participate in these recognitions.  Resolutions recognize the collective efforts of an individual, group or organization. ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 22  Proclamations designate the focus of a specific day, week or month in Ogden City.  Citizen recognition awards note the contributions of an individual, group or organization, for either a long-standing contribution or a specific act within 12 months of the recognition. These awards will not be formally adopted during a City Council meeting. However, these may be presented during a City Council meeting or at an event related to the recognition item. Individual recipients may only receive one of these awards in their lifetime. In order to receive a ceremonial recognition (resolution, proclamations, or citizen recognition award) an individual or group must meet at least one or more of the following criteria:  Significant contribution to residents and/or the local community  Receipt of state or national recognition  Exemplify a strong sense of volunteerism, civic pride and/or commitment to bettering the community  Celebrate a notable anniversary or historic event Any Council member or the Mayor may request that a recognition occur. These requests must include:  The name of the individual or group that he or she would like recognized  The purpose of the recognition  The name and contact information of a person for staff to connect with and make arrangements. Any requests received from the public will be distributed to the City Council and Mayor. This distribution will include an inquiry asking if there is an associated request to pursue the recognition that has been proposed. If Council Leadership determines an honorary resolution, proclamation, or citizen recognition award is not appropriate, a letter of recognition or acknowledgement may be drafted by staff and sent to the individual or group that was proposed to be recognized. The Staff:  Prepares the item of recognition.  Places it on the Council agenda or schedules the item for presentation otherwise. ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 23  Calls the individual or group contact to invite them to the meeting, lets them know the item is at the first of the agenda, indicates they may bring family and friends, and lets them know they may leave once the presentation is made, if they choose. If a Council member has a problem with what is written in a resolution or proclamation, they call the Council Staff before the meeting to ask for changes. The Staff will acquire the necessary signatures on the original resolution or proclamation, frame the document, and have it on the Chair’s desk before the meeting. The Council member who requested the resolution or proclamation also will read it at the Council meeting. His/her name will be listed on the agenda sheet. For those items of recognition that a particular member did not request, the reading of these will be rotated. At the meeting:  The individual being honored is asked by the Chair to step to the podium.  The Council member who requested the resolution or proclamation be drafted, reads this or defers to another Council member.  The Council member who reads the resolution or proclamation makes a motion to adopt it, there is a second, and the Council votes.  The person being honored (or member of the family/business) is asked to comment.  The Council Chair asks the person to come forward and receive their proclamation or resolution. This gives the opportunity for the Council to congratulate them.  Council members stand and shake the person’s hand. Ordinance Adoption An ordinance is adopted by a roll call vote. Motions outlining changes to a proposed ordinance shall specify the precise wording of the change. If the requested changes are complex, a vote on the matter made be postponed to a date certain to allow Staff to craft appropriate language for consideration and adoption by the Council at that future date. Utah State Law requires all ordinances have a preamble which gives the reasons for the ordinance. This preamble outlines the legislative intent or findings. Advice and Consent The names of individuals recommended by the Mayor for ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 24 appointment will be provided to the Council for their review prior to being placed on an agenda. If there are any concerns with the individuals proposed, the Council member(s) will request Council staff to schedule a closed executive session to discuss the concerns with the Mayor. If the Council has no concerns with the individuals recommended by the Mayor, the names will be placed on an agenda for formal approval. Council Staff provides the Recorder’s Office with a letter of welcome and an Ogden pin for inclusion in the new committee member’s information packet. How to deal with controversial meetings The following steps are followed in handling controversial proposals: Introduction of the issue is given by the Chair. Administrative or Council staff gives an overview. Applicant/petitioner makes his/her presentation. The public is asked to comment. The Council votes to close the public hearing. Discussion amongst the Council members. Action by the Council: approve, not approve, approve with changes, or table/continue. The Chair then asks if the public or Administration has any questions about the action taken by the Council. No clapping, booing, or other ungracious behavior by the public will be allowed during the discussion of a proposal. Disrupting a meeting A person disrupting a public meeting are in violation of State law. Disrupting a public meeting can be a Class B misdemeanor under either Section 76-9-304 (Disturbing Legislative or official meeting) or 76- 8-103 (Disrupting a meeting or procession) of the Utah Code, both of which have been adopted as Ogden City ordinance. Ogden City Municipal Code section 5- 3A-1 defines “disorderly conduct” as: Any illegal or improper diversion or any use of insulting, profane, indecent, immoral, lewd or obscene language, or any indecent, insulting, tumultuous, immoral, lewd or lascivious conduct or behavior, or any disturbance or breach of the peace or fighting, or challenging or threatening to fight, or any mendicancy or larceny.” If a person fails to obey the lawful order of a police officer to leave a public place the person may also be violating the provisions on disorderly ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 25 conduct. Disorderly Conduct is a Class C misdemeanor. The City Council Chair will determine the action(s) to be taken in a Council meeting with regard to disruptive individuals or groups. Review of Citizen Input Citizen input that is received prior to a meeting will be made available for Council member review 10 minutes prior to the meeting. Information received at the meeting will be distributed to the council members by Council staff. Members of the audience should not approach the dais. Tabling If at least two Council members wish to postpone an item in order to receive the Council may table the item to a date certain. The maker of the motion to table an item should specify the information requested and how this additional information will help the Council make a more informed decision. The vote to table must be a majority vote to be approved. Extending  If an item cannot be tabled to a date certain due to the complexity of the issue, the unknown amount of staff time required to complete the work, or other factors that make it difficult to identify a date certain, the item may be extended.  The maker of the motion to extend an item should specify the information requested and/or the issues to be addressed, and how this additional information will help the Council make a more informed decision.  The vote to extend must be a majority vote to be approved.  If approved, Council staff will present at the next regularly scheduled meeting a proposed process for resolution of the issue, an estimated timeline and a communication plan for information all interested parties. 3. Study Sessions A Council Study Session will be held prior to each scheduled regular or special meetings for the purpose of reviewing the agenda for the meeting which begins at 6:00 p.m. and to conduct Council Business. Study Sessions begin at 5:30 p.m. Beginning March 15, 2016, no Study Session will be held. 4. Work Sessions The work session begins immediately following the regular or special meeting, or as soon thereafter as possible. ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 26 Beginning January 24, 2017, work sessions will begin at 4:00 p.m. On days when a regular or special meeting is scheduled, the work session will continue until approximately 5:55 p.m. at which time the work session will be adjourned. If discussion on one or more work session items has not concluded, the work session may recess and reconvene after the regular or special meeting. If the meeting will be reconvened after the regular or special meeting, the Chair must note this for the record prior to the recess. Work sessions are held for the benefit of Council members to discuss issues, options and proposals, and to provide an opportunity for the Council, Council staff and Administration to ask clarifying questions to ensure a comprehensive understanding of the issue. Beginning March 15, 2016, work sessions will also be used to review items being considered in the regular or special meeting that directly follows the work session. Work Session Format Although work sessions are open meetings, public participation is not allowed unless authorized by the Council Chair. The work session is held for the benefit of the Council members.  From time to time the Council may hold a Fact Finding Work Session where specific topics are addressed and outside interest groups are invited to provide input to the Council. Public input limited to three minutes may be allowed during a Fact Finding Work Session. Information presented in a work session is considered advisory to the Council. The Council does not take formal action on any official item or implied approvals in work sessions. Direction, guidance or instruction may be given at work sessions if necessary to move the issue toward conclusion or if deemed appropriate by the Council. All official decisions are made in regular or special Council meetings to ensure the requisite noticing has occurred. As a general rule, work session materials are presented at an agenda meeting will be considered at a future work session prior to being placed on an agenda at the discretion of Council Leadership and the Executive Director. Items that were unforeseen or constitute an emergency will be given special consideration. Questions may be asked by Council members and Council staff during work session presentations. If answers are not readily available, Council staff will work with the Administration to get answers prior to the next discussion on the issue. ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 27 If questions arise after the work session but before the issue is placed on an agenda for consideration, the questions and the respective answers will be communicated to all Council members by the Executive Director. This will help ensure that all Council members receive the same information prior to taking action on the issue Council members may ask new or further questions during the meetings or work sessions. The Council Executive Director determines when work sessions are required for proposed agenda items. He or she will communicate the need for a work session and the proposed date to the CAO as early as possible to provide time for the Administration to prepare for the work session. Outside groups that are presenting within a work session must submit information to the Council Executive Director by Tuesday of the week prior to the work session. The outlined policies (see Presentations to the Council below) also apply to the information being provided by these groups as well. 5. Other Meetings Coordinating Committees and Workgroups Coordinating committees and workgroups are created to facilitate a high level of communication with the Administration or other groups concerning important issues. Each committee/workgroup is to have a stated purpose and goal. These forums provide an opportunity for Council members to be involved in the formulation of proposals and to help facilitate efficiencies in the process. Attending Council members may give direction (guidance or instruction) on administrative matters at these meetings. They are then responsible to report direction given and summary information from the meeting to the Council at the next available Council work session. The Council as a whole will consider all official decisions at a regular or special Council meeting with the requisite noticing. Intergovernmental Committees Council Members are assigned to participate in intergovernmental committees in January each year. Alternate Council Members are also assigned where appropriate. Each January the Council reviews its representation on intergovernmental committees and work groups. It is the intent to spread these assignments around to protect the Council and each Council member. During deliberation, the Council shall discuss how such membership serves ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 28 the City’s interests, who is to represent the Council, and any special position the Council representative holds on each board. While it is recognized that the Council Chair and Vice Chair have additional responsibilities, assignments to committees and work groups will be assigned as equally as possible so that no Council member has an excessive amount of committee meetings to attend. Council members should not accept assignments to committees if they will be unable to attend their meetings on a regular basis. The assigned Council member is responsible to report on the activities of the intergovernmental committee at the next available Council Business work session. Council members are expected to communicate the vision, goals and priorities of the Council to the assigned intergovernmental committees. See also Council Rules of Procedure  Intergovernmental Committee Appointment Process 6. Presentations to the Council – See Exhibit 1 ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 29 Exhibit 1 – Ogden City Council Presentation Guidelines Ogden City Council Presentation Guidelines Overview The City Council is committed to reading and absorbing all of the information provided to them in preparation for meetings. The Council forms questions and/or concerns from the information they are given. The volume, complexity and sensitivity of this information require that presentations be concise, accurate, professional and understandable. Presentations by the Public (Citizens, community groups, organizations, etc.) Anyone from the public may request or be invited to make a presentation during a City Council meeting. Individuals will be given ten (10) minutes to make a presentation, unless otherwise specified by the Council’s Executive Director. Requests to make a presentation during a City Council meeting will be considered as outlined below:  A presentation request must be submitted in writing to the City Council office via email, fax or mail. Requests should include the topic of discussion, and the name, address, telephone number and email address of the individual wishing to make a presentation.  Council Leadership will determine whether a request is approved to be placed on an agenda.  The Council Executive Director will provide notification of whether or not a request has been approved.  If approved, the presentation will be scheduled for a specific date. Topics not approved for presentations may be addressed during the public comments portion of a City Council meeting where individuals are given three minutes to address the Council. Presentations that are placed on the Council’s agenda shall not include any of the following forms of content:  Profane language or content  Support of or opposition to political campaigns or ballot measures  Personal attacks  Content that promotes fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation  Sexual content or links to sexual content  Solicitations of commerce  Encouragement of illegal activity  Information that may tend to compromise the safety or security of the public or public systems  Content that violates a legal ownership interest of any other party copyrights materials, etc.)  Comments not topically related to the issue being presented The following will not be placed on the Council’s agenda: ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 30  Political candidates seeking a forum for their political platform  Organizations or individuals seeking support of or opposition to political campaigns or ballot measures  Religious organizations or representatives seeking a forum for religious proselyting  Individuals or organizations who have previously presented their issue to the Council  Individuals or organizations whose sole purpose is to entertain  Individuals or organizations seeking to criticize Administrative staff (such concerns should be discussed with the Mayor or Chief Administrative Officer).  Presentations related to potential or pending litigation with the City The three minute public comment period held each Council meeting may be used to address the Council on any issue or topic, including issues that may not be placed on an agenda. (See additional information below for presentation guidelines.) Presentations by City Officials and Staff City officials and staff may use presentations to describe issues that are discussed and considered by the Council. These presentations are welcomed and can be helpful as materials are presented in a clear and concise manner. Guidelines for Scheduled Presentations The following expectations are provided to help all those who provide information to the Council and who make presentations at City Council, Redevelopment Agency and Municipal Building Authority meetings, work sessions or study sessions.  Content in presentations should be easy to see. Everyone needs to be able to clearly see or read what is displayed on the screen, regardless of their location in the room.  Electronic and overhead materials must be at least 24 point font size. The use of colors should be pleasing to the eye, and text colors should contrast with background colors to ensure clear visibility. (Note that not all PowerPoint templates meet these requirements)  Key points or compelling images should be the main focus of a presentation. The amount of text used in a presentation should be limited and contain only central messages. No more than six lines of text should be presented at a time through electronic and overhead materials.  All presentation materials must be provided to Council staff by the Thursday before a meeting, unless otherwise approved by the Council’s Executive Director. This allows time for Council members to review this information in advance, for staff to preload electronic presentation materials and for presenters to test meeting room equipment to ensure legibility and full functionality.  Requests to test room equipment and presentation materials may be sent to: [EMAIL REDACTED]. Equipment is to be tested no later than 2:00 p.m. on the day of the presentation. (Note meeting room equipment only supports PowerPoint and PDF presentation formats. Presenters may contact Council staff ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 31 to learn which video and audio software is supported)  Presenters are to bring one hard copy of all overhead and presentation materials for the City Recorder’s office so these can be included as part of the official meeting record. Guidelines for Public Comments  The Public Comment period provides an opportunity for citizens to address the Council directly. Due to time constraints, PowerPoint presentations, YouTube videos or other forms of media are not allowed. Printed materials are allowed.. Citizens should provide at least eight copies—one copy for each Council member and one copy for the City Recorder. If only one or a few copies are provided, Council staff will ensure that Council members and the Recorder’s Office receive the information within twenty-four (24) hours after the meeting.  Those wishing to provide in-depth presentations using PowerPoint presentations, videos, or other media may make a Request to be on the Agenda, as outlined above. ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 32 XIV. Appendix D– Office Topics covered in this appendix include: 1. Council Salary and Benefits 2. Council budget and expenditures 3. Invitations to Council members 4. Pioneer Days tickets 5. Travel 6. Council Office operations 7. Council emergency preparedness 8. Filling a vacancy 9. Legal actions against Council Members 10. Outside Legal Counsel 1. Council Salaries, and Benefits and Stipends Salary and Benefits Effective January 3, 2012, per ordinance #2010-18, the annual salary of council chair, the vice chair, and members of the city council will be; council chair, $13,884; vice chair, $12,888; council members, $11,880. Beginning in FY2014, and every four years thereafter, subject to approval by the Council, the 2012 salaries shall be modified, as necessary, based on benchmarking of other Utah cities. Beginning in FY2016, each Council member will receive a salary as determined by Ogden Municipal Code § 2-3-6, pursuant to the annual budget process. Stipends – Committee, Board and Work Group Assignments Council members will receive a stipend in the amount of $87 per month as compensation for service on Committees, Board, or Work Groups. Any salary, reimbursement, stipend, fees, or other monetary payment a Council member receives for service on any Board or Committee, or for any payment associated with a Council member’s service on any Board or Committee mileage reimbursement, meal reimbursement, etc.), shall be delivered or assigned to the City for deposit into a City Council account,. If necessary, adjustments to the affected Council members’ salaries will be made to ensure that no additional tax liabilities are incurred as a result of the delivery or assignment of the payment to the City. Council members are encouraged to accept assignments in their areas of interest and as their schedule allows. Proof of attendance at meetings is not required to receive the stipend. However, as a representative of the City Council, it is expected that all Council members will regularly attend their assigned Board, Committee or Work Group meetings and otherwise faithfully ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 33 carry out the duties and responsibilities of those assignments. Stipend payments are separate from and in addition to any mileage reimbursements or other reimbursable expense outlined in the other sections herein. Clothing  To encourage Council members to wear apparel or carry other items bearing the Ogden City logo, an annual stipend of $150 will be provided to offset costs. In FY2017, the stipend will be added to the Council members’ paychecks in January 2017. Beginning in FY2018, Council members will receive the stipend in the first paycheck of each new fiscal year.  Newly elected Council members will receive the $150 stipend in the first paycheck issued after taking office. Thereafter they will receive the stipend in the first paycheck of each new fiscal year.  Council members will be able to order items of their choice from an on-line catalogue offering high quality apparel and other items bearing the City logo.  Items such as water bottles, pins, pens, and USBs bearing the City logo will be available at the Council offices. These items will be used as gifts for official visitors and others as deemed appropriate by Council Leadership or the Executive Director. Meeting Meals An Internal Revenue Service (IRS) ruling has determined that meals furnished during City Council meetings are taxable to Council members. Rather than tracking specific attendance for this purpose, each Council member will be assumed to have attended each City Council meeting where a meal is served. The average cost per meal is determined annually in accordance with IRS regulations. The costs will be accumulated quarterly and provided by Council staff to the Payroll Clerk for inclusion as compensation for tax purposes. Wellness Program Council Members may participate in the City’s Wellness Program (i.e. gym membership, wellness lunches, contests, etc.) Those interested should contact the Executive Assistant. This is considered an employee benefit and may show as earned income ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 34 on your check stub for participation in certain programs. Electronic Equipment  Electronic devices offer many benefits and enhance the ease of access to information for Council members. Documents, files and e- mail messages used to conduct city business are considered public records and may be subject to the Utah Government Records and Management Act (GRAMA).  Council members will receive an electronic equipment stipend of $1,000 in January every two years after each election cycle, beginning July 1st for 2016. This is provided to ensure access to City e-mail accounts, meeting information packets and other pertinent information related to City business. Council members also have the option to use the City’s employee computer loan program to aid them in the purchase of equipment.  Council members may purchase the equipment of their choice or choose to use their existing personal equipment. All purchased equipment is owned and maintained by the Council member.  Any equipment that is purchased or utilized by Council members must provide functionality that allows use of the following tools and any other tools that are deemed appropriate: o Outlook E-mail o iCalendar o Adobe Reader o Wi-Fi  Council members should not download files from sources which could be untrustworthy or open and read files attached to e-mails unless these knowingly come from a trustworthy source. Council members are required to maintain secured or password protected screens in order to ensure adequate security.  Council staff is available to provide minimal training and assistance with equipment but may not be fully familiar with all types of equipment and are not able to provide extended IT support services. 2. Council Budget and Expenditures Telephone Telephones are provided at each Council work station and throughout the Council office for use by individual Council members.  Long distance calls made from these locations should relate to Council business only ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 35 A cellular phone may be made available for the Council Chair and Vice Chair. Long distance calls regarding Council business made by Council members from their personal telephones may be reimbursed upon receipt by Council Staff of documentation telephone bills). Official Expense Account The Official Expenses account is available to conduct Council business, e.g., meals for work sessions and night meetings, a Council member’s meal when attending an event representing the Council.  When a Council member or Council staff is sent to a luncheon/dinner or meeting to represent the City Council, his/her meal and travel outside the City will be reimbursed from the Official Expenses Account. Council member’s expenses for the Chamber (February) and Weber Area Council of Governments (WACOG) dinners (January) will be paid from the Council Official Expense account budget. Any Council member wishing to attend an event or function (excluding all fund raising events) as a representative of the Council must bring their request to the Council for approval if City funding is being sought. If there is a consensus by the Council, the associated expenses will be deducted from the combined Travel/Education budget. Expenses charged to the City for family members dinners) will be reimbursed to the City within 30 days of the event. Memberships Monies are available in the budget for the Council staff’s professional dues, e.g., American Planning Association, American Society for Public Administration, etc. Memberships for Council members with outside organizations need to be approved by the Council for the initial membership, with annual renewals not requiring approval. Memberships for Council staff require approval from the Executive Director. Signature Authority As part of the ongoing operations of the Council Office (and as outlined in City ordinance), the Executive Director may sign requisitions up to and including $30,000 (as approved by ordinance #2011-30). All requisitions over $30,000 shall be signed by the Council Chair once the requisition is initialed by ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 36 the Director (to assure monies are available within the particular account being charged). The two Policy may sign requisitions of $1,000 or less as authorized by the Executive Director via letter of certification with the finance officer identifying the authorized staff and the dollar limit. All payroll forms shall be signed by the Executive Director or his/her designee. Professional Service Agreements and contracts solely for legislative purposes, in an amount that does not exceed $30,000, may be signed by the Executive Director. 3. Invitations to Council Members Council members should not assume the Staff will receive a copy of the same notices or invitations Council members do. If a Council member thinks an event is one that every Council member should attend, they may call the Staff and ask them to poll the Council. For those events where all City Council members may not be attending as a group, each individual Council member is responsible for making his/her own appointment and for canceling reservations. As what one does reflects on all Council members, an individual Council member who makes a reservation or appointment is expected to show up or call to cancel. When a Council member receives an invitation, he or she will determine whether it relates to a Municipal Ward or the City as a whole. If from the Ward, the Council member from that Ward will determine whether they can attend. If he or she cannot attend another Council member is contacted to represent the Council. All Council members are invited to ride in City parades. The Council also may ride in the parades of other cities to show their support. Every year, the Executive Director and Executive Assistant will work to set up a Christmas event. This event is for Council members, their Staff, and their partners only. Gift exchange amongst Council members is not encouraged. 4. Pioneer Days Tickets Each Council member may receive up to a maximum of eight reserved seating tickets to the Pioneer Days Rodeo each year. Each Council staff member may receive a maximum of two reserved seating tickets to the Pioneer Days Rodeo each year. These tickets are paid for through the Council Office budget. No free general admission tickets will be made available. ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 37 If the maximum number of tickets and/or passes allowed are not requested, the unused tickets/passes may not be redistributed amongst Council members or Council staff. Additional reserved seating or general admission tickets for the requested nights can be arranged at the same time but must be purchased by the individual Council member or Council staff at regular admission prices. One VIP parking pass is available for each Council member and Council staff member for the Pioneer Days Rodeo. Each Council member may receive a maximum of two tickets for the VIP Hospitality Cabin at the Pioneer Days Rodeo. The passes are for the exclusive use by the Council member and one guest that specific evening. These passes are not to be distributed to or used by other family members or guests. Each Council member may receive up to a maximum of eight VIP reserved seating tickets for the Pioneer Days Parade. Council staff may also request reserved seating tickets for the parade as deemed appropriate by the Council Executive Director. 5. Travel Who defines what appropriate travel is? As the Council budget is the responsibility of all Council members, the Council as a whole will approve each trip taken by the Council as a group or by individual Council members. The Council and Council Staff’s travel allotment will be set during the budgetary process for the City. Upon return, a report from the attending Council member(s) needs to be provided to the full Council at the earliest opportunity.  Council staff will keep a combined log of expenditures for Council members and Council Staff. What are the purposes for travel? Education City responsibilities/programs Promotion, marketing and public relations Professional sharing Professional responsibility, e.g., policy committees Meeting with people, e.g., lobbying Site visits Out of State Travel The Council approves out- of- state travel. Except for the pre-approved conferences National League of Cities) all Council members and Executive Director requests for out-of-state travel will be presented to the Council for approval. ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 38 The Council will review, on a case- by-case basis, the overall conference registration, extra costs for workshops, orientations, and special events. For example, if a special event is a social which costs are not included in the registration, the Council will determine whether that event is necessary for professional sharing or just entertainment. The City might pay for the first, but not the second. The American Planning Association, Utah League of Cities & Towns, and National League of Cities conferences (November/ December and March) are approved as conferences related to Council business.  A meeting with the City’s federal lobbyist will be scheduled for Council members and staff that attend the NLC Conference in Washington D.C. in March.  Attending the conferences also has value as it allows the Council to meet with other elected officials; share professional experiences/test ideas; learn about other cities; and meet/hear national leaders.  Council members who are leaving office in January do not attend conferences in November/ December unless s/he is a voting member of a policy committee.  Council members-elect are encouraged to attend conferences in November/ December prior to her/him taking office. In-State Travel Educational/conference opportunities Requests for attendance at such meetings, if City funding is to be sought, must be brought before the Council for review and approval. The Utah League of Cities & Towns conferences (September/April) are pre-approved as conferences related to Council business. Typically for conferences within proximity of Ogden SLC), the Council members do not stay overnight at the conference. If a Council member wishes to stay overnight, they will request the Council approve the stay (needs to be done before the conference). Purposes for staying overnight may include more effective interaction with other elected officials and staff, having greater responsibilities as an elected representative of the organization sponsoring the conference, and safety. If an emergency situation occurs or an opportunity arises, the Council member may discuss the circumstances with the Council after the action to request approval for funding. It is assumed the individual will pay for the costs under these ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 39 circumstances, unless the Council chooses to approve them. If a Council member shares his/her banquet ticket with another Council member in order for them to take a guest, the second Council member will reimburse the City the portion of the ticket which is a cost to the City and not include in the registration. If the Council requests a Council member to represent the City it is anticipated the reimbursement for expenses will be covered from the Council office budget. If an individual Council member wishes to represent the City s/he must bring the proposal to the Council for review and approval. Otherwise, the Council member pays the associated costs. Non-Conference Travel The Council will review the details of any non-conference travel requests (public relations, site visits, etc.) and consider approval on a case-by-case basis. The requesting Council member is responsible to describe the intent and benefit of the travel request and provide the anticipated total expenditure to include cost of registration, per diem, lodging, airfare/mileage, field trips, and any known miscellaneous costs. Council expectations at conferences Council members are expected to: Attend meetings. Each Council member is expected to attend sessions and/or make contact with people of other cities to learn more about how their cities handle the various responsibilities of a city council and/or city programs. Coordination of sessions. Council members will attempt to coordinate in order to cover many different sessions (this may change for various reasons while at the conference) and report on what has been learned during the conference or at the Council’s weekly work session meetings (Council members may request Staff to duplicate handouts). Elected/Appointed Officer The Ogden City Council supports those who serve as officers and/or committee members in a national or state organization related to City business. Council member participation in such activities brings exposure for the City, insider information, contacts, professional sharing, and good public relations for the Council within Ogden City itself. The City is willing to use City funds to support such an effort. If a Council member wishes to run for office, s/he will discuss this potential with the Council and the Council as a whole will outline how and the extent to which City funds may be used. The Council will only ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 40 cover costs not paid by the national or state organization. Travel arrangements Hotel  An individual room will be provided for each Council member.  A reasonable rate will be obtained based on what options are available, the location vis-à-vis the conference sessions, availability, and safety.  Unless otherwise requested, every effort will be made to house Council members in the same hotel for ease of coordinating and communicating what they are learning.  Telephone expenses will be reimbursed as they relate to City business only.  No additional expenses (such as eats from a mini-bar, movies, etc.) will be reimbursed. Room service is expected to come from the Council member’s per diem expenses.  Hotel nights beyond those normally necessary for a conference or lobbying travel day and during conference) will be paid by the individual Council member. This may be done when leaving the hotel or may be reimbursed to the City by the individual Council member within 10 days following the return from the trip. Any exceptions must be approved by the City Council. Airlines  Council members are expected to travel the most direct route taking into account the Council members other obligations to work, family, etc.  If a Council member or staff is bumped for any reason, the City will pay for any extra expenses beyond that paid by the airline. To get reimbursement, the ticket stub will need to be presented with a reimbursement request.  The City will pay full coach airfare or mileage at a maximum of the rate allowed by IRS regulations. Mileage reimbursement is not to exceed the average cost of airfare available between the hours of 6 am and 6 pm.  The cost savings will be taken into consideration if a rental car is required.  Parking of private vehicle at a parking lot at or near the airport or train station, when a personal vehicle is used to get to that transportation facility, will be reimbursed by the City.  If a Council member travels to an additional destination route ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 41 or leaving the City of business, that Council member will reimburse the City for any additional costs. Overnight stays at National conferences or locations near Ogden may be paid for when:  The City saves money.  It is more effective for City purposes.  The opportunity leads to other City-related experiences.  Other responsibilities of the Council member are fulfilled.  The Council directs the individual Council member to represent them at particular meetings/events/purpose.  Overnight stays must be approved by the City Council. Per diem  Per diem will be paid at the Federally authorized rate for the city in which the conference, convention, or meeting is located.  Per diem for the days of departure and return will be paid at 75% of the daily allowable rate. Vehicle rental  No car will be rented for pleasure.  The Council may rent a car when:  Taking ground transportation is more expensive than the car rental (in such cases, the Council will ride together as much as possible to cut down on costs).  Geographical location makes getting around very difficult.  City officials have an opportunity to tour projects in order to review how other cities handle similar City problems, lobby legislators, and/or conduct other city- related business. Proper documentation for reimbursement.  A vehicle rental receipt must be submitted if reimbursement is requested.  Parking fees and tolls also will be reimbursed when receipts are presented.  Special circumstances when approved by the City Council as a whole. Ground transportation  The City provides money to cover ground transportation while traveling taxis, ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 42 buses) to and from City-related business while on a trip.  The Council Chair and Staff will coordinate the ground transportation when the Council travels as a group.  These funds are not used to travel to or from social and entertainment activities. Mileage reimbursement No Vehicle Allowance Council members and staff who do not receive a vehicle allowance may receive mileage reimbursement for use of personal vehicle at the maximum rate allowed by IRS regulations. Council members must obtained approval from Council Leadership prior to the date of travel unless traveling to fulfill committee or board responsibilities or to a pre- approved conference. Reimbursement will be provided upon submission of required documentation.  For Council members, mileage reimbursement shall not be made for trips that occur solely within the boundary limits of Ogden City or for trips made outside the boundary limits of Ogden City to fulfill committee or board responsibilities for which Council members receive other compensation.  Mileage reimbursement shall not exceed the average cost of airfare available between the hours of 6 a.m. and 6 p.m. to the same destination. Vehicle Allowance - Staff who receive a vehicle allowance shall not be compensated for travel within a fifty (50) mile radius of Ogden City boundary limits. Miles traveled beyond the fifty (50) mile radius to and from the Ogden City limits will be compensated at the maximum rate authorized by IRS regulations.  Mileage reimbursement shall not exceed the average cost of airfare available between the hours of 6 a.m. and 6 p.m. to the same destination. Fleet Vehicle Lease (Optional Benefit)  - Council Executive Director who opts to utilize a Fleet Vehicle Lease will be responsible for fuel purchase for all travel within a fifty (50) mile radius of downtown Ogden. Director may seek reimbursement for fuel costs for miles traveled outside the fifty (50) mile radius. Mileage reimbursement shall not exceed the average cost of airfare available between the hours of 6 a.m. and 6 p.m. to the same destination.  Reimbursement for books, DVD’s, CD’s and electronic downloads.  The City will reimburse Council members or staff for tapes and ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 43 books related to Council and/or local government responsibilities. In order to be reimbursed, an individual must submit a receipt to the Council staff. Once the Council member is through reading the materials, the materials will be housed in the Council Office for the use by others.  If a Council member returns from a conference and would like CD’s, DVD’s, electronic downloads and books ordered, they should request Council Staff to acquire the materials. Family expenses  Airline tickets for family members shall be placed on individual credit cards and not charged to City accounts.  Expenses charged to the City for family members meals with legislators) will be reimbursed to the City within 10 days of returning from the conference.  Any expenses incurred by family members while traveling as a group taxis) shall be paid by those individuals. Submission of travel reimbursement forms.  The Council will follow adopted City policies regarding travel, per diem, reimbursements, etc. The reimbursement forms and receipts must be submitted within 10 days of returning from the trip. Pooling funds. - Council and Council Staff travel funds are pooled and utilized jointly. Council staff monitors expenditures.  Council Staff travel (in state and out-of-state) requests are approved by the Executive Director as defined by individual training plans as part of the performance review process. Civic leader tours.  These are tours given by various groups to expose community leaders to a diversity of programs. Depending on the proposed tour, they have value for both information and public relations reasons.  Each member will determine whether the particular tour is of value to the City.  The tours have a set fee (no per diem, travel expenses, etc. are necessary) which the City will pay.  The returning Council member will share the information at the weekly work session meetings. 6. Council Office Operations ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 44 Council work space in the Council Office Each Council member has an individual cubicle to do research, make telephone calls, filing, etc. Use of Stationery All correspondence signed by a Council member will be on the City Council stationery. Letters for individual Council members are placed on stationary indicating the City logo, but without Council members names listed. Letters reflecting approval of the entire Council are placed on Council stationery which lists the names of all Council members and are signed by the Council Chair or his/her designee. All correspondence by Council Staff or regarding Council committees is placed on Office of the City Council stationary. Note cards for each member may be used at their own discretion. Staff may be asked to draft letters related to City Council business only. All stationery listing names will have Council member’s names only (not the Mayor or Council Staff). Letters of reference may use City Council stationery where the individual is requesting the letter because s/he is on the Council. In such cases, the Council stationery which does not list the names Council members is used. Council stationery (with or without names) may not be used for correspondence which does not relate to City business. Council Chambers and Third Floor Conference Rooms As this is a City office, the Council Chambers and third floor conference rooms are made accessible to all City functions and employees. Scheduling is to be done by the Council staff. The Council Chambers and conference rooms located on the third floor are available for use by the Council or Administration for City-related business committee meetings, employee training, United Way, insurance orientations, etc.). These meeting rooms also may be used where a meeting is not City business, but involves City elected officials and/or staff Staff explaining to Boy Scouts how the City government works). Council members are encouraged to call the Council Office to reserve a conference room for a meeting to assure it is not being used by others. ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 45 The meeting rooms are not available to outside agencies, groups or individuals for meetings which are not directly related to Ogden City objectives or programs. Exception for Political Parties, per State Code UCA 20A-8-404 - Political Parties may request the use of Council Chambers and Conference Room 310 at least 30 calendar days before the day on which the use by the political party will take place. Billing is based on Ogden City Facilities after-hours rate of $35 per hour. Meeting room usage policy described in the Reservation Guidelines apply. Food and drinks within the Council Chambers is discouraged but allowed in conference rooms. Expression of Sympathy/Concern There are occasions when the Council may wish to express sympathy or concern to others given deaths, illness, etc., which affect others within the Ogden City community. On such occasions the Council will discuss what level of expression is appropriate. In January of every year, the Council members and Staff donate $20 to a “sunshine fund” which is used to cover expenses of cards, flowers, and other items to be sent from the Council Office. Gifts From time to time, the Council will purchase City mementos pins, keys) to give to guests, dignitaries, etc. These may be used by any Council member or Council Staff. It is assumed Administration will do the same and, therefore, such mementos will not be available for distribution to either the Mayor or Administrative staff. 7. Council Emergency Preparedness This section describes the responsibilities and activities of the Ogden City Council in the event of a public disaster. Each city officer must provide an emergency interim successor to establish a clear line of authority and succession assuming the unavailability, temporarily or permanently, of that elected official in order to ensure a lawful continuity of government and a prompt response to an emergency situation. Definitions Emergency Interim Succession is the temporary replacement or filling of offices within Ogden City government by a designated successor to meet the demands of ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 46 emergency response as a result of a natural phenomenon or disaster. The period of succession shall extend beyond that required to formally provide for the filing of a vacancy by current statutory and constitutional provisions, or until the officer or emergency interim successor earlier in the order of succession is available and which shall not exceed thirty (30) days. Emergency Interim Successor is a person designated under Section 12-15-10 of the Ogden Municipal Code to exercise the powers and discharge the duties of a City Office when the person legally exercising the powers and duties of such is unavailable. Succession in Elected and Appointed Offices It is by City ordinance and the requirements of State law that all elective offices and executive offices of City government provide for interim succession in the event the office holder or official is unavailable as defined by this policy. Each elected and appointed officer within City government is instructed to provide a list of at least three emergency interim successors for each position in the order of succession to the Emergency Management Coordinator within thirty (30) days after enactment of this policy and by July 1st of each year if there are changes. An emergency interim successor should be familiar with the duties of the office and the requirement of that office. All successors if not already sworn in are required to take an oath of office at their succession. The City Recorder is directed to effectuate this procedure. Emergency interim successors shall exercise the powers and duties of the office until the vacancy is filled in accordance with the Constitution or statutes – or the City officer, deputy or emergency interim successor that is earlier in the order succession becomes available to exercise the powers and duties of the office. Positions that Require Emergency Interim Successors There are seven elected positions within the Ogden City Council; Municipal Ward 1, Municipal Ward 2, Municipal Ward 3, Municipal Ward 4, At Large Seat A, At Large Seat B, At Large Seat C. All of these positions require Emergency Interim Successors. The City Council Executive Director also requires Emergency Interim Successors that are designated as the incumbent employers in the position of Policy Analyst. Filling a Vacancy in the Event of an Emergency ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 47 It is the policy of the Ogden City Council that whenever a vacancy occurs on the Council, either through death or resignation, a new Council member will be appointed by the Council within thirty (30) days to hold the position until the next municipal election, as stipulated by Utah State Law. In the event of a disaster the Emergency Interim Successor fills the position until an appointment is made as described above – a maximum of 30 days. Unavailability of Council Chair The Vice Chair, during the absence of the Chair, shall have and perform all the duties and functions of the Chair. In the event of the absence of or disability of both the Chair and the Vice Chair, the immediate past Chair, if still serving on the Council shall temporarily serve as Chair until the Chair or Vice Chair so absent or disabled shall return or the disability shall be removed, as the case may be. In the event the immediate Past Chair is absent or disabled, or is no longer serving on the Council. The City Council shall elect a temporary Chair to serve until the Chair or Vice Chair so absent or disabled shall return or the disability shall be removed, as the case may be. In such event, Past Chair or the temporary Chair shall have all the powers and perform the functions and duties assigned to the Chair. Duties, Powers and Responsibilities of the City Council during an Emergency The duties and powers of the City Council do not change during an emergency. The Council’s ongoing duties and powers are as follows: Set Policy  Adopt policies and ordinances.  Adopt general plans.  Approve zoning and rezoning of property.  Approve annexations and vacations.  Approve interlocal agreements. Control Budget and General Operations  Recognize and appropriate funds ( i.e., adopt the budget, approve amendments, etc.)  By ordinance establish general rules as to how the executive branch performs its duties. Conduct Oversight  Review actions of City Administration.  Conduct investigations, if necessary. During the period of an emergency declaration, public notice requirements of the Open and Public Meetings Act are suspended for actions of the City Council. The City Council may convene in regular or ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 48 special meetings as deemed appropriate. Other Responsibilities Relating to Emergency Management  The Council approves all interlocal agreements that are deemed essential to the Emergency Operations Plan.  The Council reviews the City’s Emergency Operations Plan annually (the plan is due to the Council by October 31st of each year).  Ogden City utilizes the Incident Command System (ICS) as set forth by the Federal Emergency Management Agency (FEMA) under the National Incident Management System (NIMS) guidelines. In order to gain a clear understanding of ICS and the Council’s role during an emergency, Council members shall complete the on-line, independent study course title “Introduction to Incident Command System” offered by FEMA. 8. Filling a vacancy It is the policy of the Ogden City Council that whenever a vacancy occurs on the Council, either through death or resignation, a new Council member will be appointed by the Council within thirty (30) days to hold the position until the next municipal election, as stipulated by Utah State Law. (First adopted by resolution 95-49, October 10, 1995). Filling a vacancy will be considered an interim appointment to fill a two-year term if two years of the vacated term will remain after the first Monday of January following the next Municipal Election (UCA 20A-1-510(2)(a). Procedures Within one week of the vacancy, a request for resumes and/or letters of interest and qualifications from residents of the affected municipal ward, or in the case of an at-large position from the entire City, will be published in the Standard- Examiner through an official press release. The deadline for receipt of resumes and/or letters of interest and qualification will be within two weeks following the vacancy. On the day following the application deadline, copies of the information received from interested parties, along with all letters of recommendation received to that date, will be distributed to the Council members. A Special Council meeting is then scheduled that includes a presentation by each applicant. The following guidelines will be followed:  Information packets regarding the Council are made available ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 49 to all applicants prior to the presentation.  A copy of a list of questions is provided to each applicant as he or she enters the Council Chambers.  The presentation order will be determined by lot either prior to or at the meeting with one name being drawn at a time.  The Council Executive Director provides an overview of responsibilities and duties of Council Members.  Answers to the questions may be limited as to time based on the number of applicants. Immediately following the presentations, the Council will meet in Closed Executive Session to narrow the field of applications to a maximum of five finalists to be interviewed individually. The procedure for discussion concerning applicants is as follows:  The Council members shall candidly discuss the applicants, sharing their personal reactions and feelings about any aspect, positive or negative, or the candidates’ qualifications, ability to perform, and/or any other information/concerns they wish to voice.  The Council returns to the open meeting, a motion is made and voted on to select the five finalists. The Council Executive Director will notify the finalists of the date, time and place of their formal interview. Finalists will be interviewed by the City Council at a subsequent special Council meeting.  The meetings will be held on a different night than the regularly scheduled Council meeting and in the Council Chambers.  One at a time, the individuals will be invited to approach the podium, make general remarks, and be interviewed by the Council. A list of questions may be provided for the finalists to respond to. The order of the interviews is by lot at the meeting with one name selected at a time.  The public is welcome to hear the discussion, but will not be invited to participate.  The Council members will evaluate the applicant based on:  Their qualifications;  Their understanding of city government;  The degree of comfort with each applicant’s personal style, abilities and goals; and ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 50  Other concerns determined by each Council member. After the interviews, the Council holds a closed executive session where the Council discusses the results of the interviews. The Council returns to open session and selects an appointee which must be by a majority vote. If there is not a majority vote the top two candidates are re-interviewed and another vote takes place. If still no majority the selection is by lot between the two applicants. The new Council Member is sworn in by the City Recorder. Application Minimum requirements for appointees. All applicants must meet the requirements for qualification for public office as specified by Utah State Law and City ordinance. All applicants will be screened by the City Recorder’s office regarding the following criteria:  Must have resided in the City for the previous 12 consecutive months. For those interviewing for a specific ward, the individuals must have been a registered voter of that ward for 30 days prior to the deadline for submitting one’s name for that position;  Must have no other compensated employment with Ogden City. If the individual does have other compensated employment with Ogden City, the applicant must sign a commitment to resign that employment upon appointment; and  Must be a registered voter and an elector in Ogden City. The applicant names are not released to the public or press until all applicants have been certified as meeting the criteria by the City Recorder’s office. Resumes and letter of interest. The City Council requests the following be submitted as the minimum information necessary to qualify as an indication of interest:  Resumes indicating name, street address, telephone numbers, occupation, background.  Letters of interest which describe why the applicant feels he or she is qualified for serving on the City Council. Applicant information available to the public It is the policy of the Ogden City Council to keep application materials confidential similar to other employee application materials. Applicants are free to make whatever information about ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 51 themselves available to the press or other interested parties. A press release will be issued that includes the applicants name and address after certification by the City Recorder’s office. 9. Legal Actions Against Council Members Whenever officers or individual employees are named in legal actions as a result of their employment or position with Ogden City, the following procedures need to be followed before s/he can be defended by the City. Within one business day of being served contact both the Ogden City Attorney’s Office at 629-8145 and the Risk Management Office at 629-8731. Provide the date you were served and exactly how you received the legal documents. Within three business days of being served submit all of the original documents you were served to Ogden City Risk Management, 2549 Washington Blvd., Suite 220, and Municipal Building. The documents will be inspected, copied and forwarded to the City’s insurance and defense representatives. Complete the Request for Defense form, available from the Council Office, and submit it to the Ogden City Risk Management Office. Risk Management will forward copies to the City’s insurance and defense representatives and provide the original to the Ogden City Attorney. 10. Policy – Outside Legal Counsel Circumstances when outside legal counsel is appropriate. A conflict of interest exists for the City Attorney as determined jointly by the City Attorney and Council Executive Director. A Council member requests an outside legal opinion and Council leadership feels that the outside legal opinion is justified. Confidential information exchanged with Council members verbally or in writing from the Ogden City Attorney’s office or outside legal counsel is subject to attorney-client privilege and should not be disclosed or made public. Process 1) The Council budget may include funding for professional services including outside legal counsel as adopted by the Council annually. 2) The Council Executive Director negotiates a professional services agreement with one or more appropriate outside legal firms. 3) The Council or City Council Executive Director approves ---PAGE BREAK--- COUNCIL NORMS - 2017 Ogden City Council Norms Page 52 the professional services agreement as defined by City ordinance. 4) Any Council member can request an outside legal opinion. 5) The Council Executive Director discusses the request with the City Attorney. 6) The request is considered by Council leadership to determine if the request is justified. 7) Council leadership discusses the request confidentially with each Council member. 8) If four or more Council members request outside legal counsel, Council leadership may direct the Council Executive Director to request the opinion. 9) All Council members receive a copy of the opinion. The City Attorney receives a copy of the opinion when appropriate as determined by the Council Executive Director. 10) Council leadership determines if the opinion becomes a public document and who receives it. 11) Additional follow-up occurs as appropriate. Revised 1/17/17, Resolution #2017-2 Revised 6/14/16, Resolution #2016-19 Revised: 3/8/16, Resolution #2016-8 Revised: 11/25/14, Resolution #2014-19 Revised: 1/6/14, Resolution #2014-1 Revised: 9/25/12, Resolution #2012-22 Revised: 6/19/12, Resolution #2012-17 Revised: 12/20/11, Resolution #2011-26 Revised: 12/21/10, Resolution #2010-25 Revised: 12/15/09, Resolution #2009-32 Revised: 09/23/08, Resolution #2008-22 Adopted November 2003, Resolution #2003-48