ARTICLE 8. CODE OF PROCEDURE
1-801 Governing Body.
The term governing body shall include the mayor and council.
(Ord. 1426)
1-802 Quorum.
A quorum shall consist of a majority of the members-elect of the city council including the mayor.
(Ord. 1426)
1-803 Regular Meetings.
Regular meetings of the city will be held at a time, place, and date certain as set by ordinance and in accordance with applicable state law.
(Ord. 1426)
1-804 Special Meetings.
Special meetings will be held only for a special purpose and will be called in accordance with city ordinance or applicable state law.
(Ord. 1426)
1-805 Work Sessions.
No Agenda is required for a work session and no binding action may be taken during the work session.
(Ord. 1426)
1-806 Quorum Required.
A quorum is required at all meetings during which binding action will be taken by the city.
(Ord. 1426)
1-807 Public Comment.
If public comment is allowed during the meeting, the citizen desiring to comment on matters of a general nature, not specific to an agenda item, shall state his or her name and address for the purpose of putting both in the minutes of the meeting. Any public comment taken on specific agenda items shall require the citizen to state his or her name and address for the minutes. The mayor or presiding official may limit the time of each citizen based upon the number of people wishing to speak and the amount of time available for the public comment portion of the meeting.
(Ord. 1426)
1-808 Agenda.
Prior to each regular and special meeting, the city shall distribute an agenda to each governing body member and it will be made available to the public at that time.
(Ord. 1426)
1-809 Setting Agenda.
The governing body of the city shall designate an individual to be in charge of setting the agenda.
(Ord. 1426)
1-810 Agenda Items.
Any requests made for an agenda item will be coordinated through the Office of the City Administrator.
(Ord. 1426; Ord. 1461)
1-811 Agenda Additions.
Items may be added to or removed from the agenda at a regular meeting by motion approved by the majority of those governing body members present and voting. No items may be added to the agenda of a special meeting.
(Ord. 1426)
1-812 Order of Business.
At the hour appointed for the meeting, the mayor shall call the meeting to order. In the absence of the mayor, the vice mayor or designee shall chair the meeting. Upon having a quorum present, the governing body shall proceed to business, which shall be conducted in the order set by the governing body.
(Ord. 1426)
1-813 Consent Agenda.
By majority vote of the governing body, any item may be removed from the consent agenda and considered separately.
(Ord. 1426)
1-814 Order of Business; Suspended or Amended.
By a majority vote of the governing body, the order of business may be amended to add suspended or amended or delete sections as appropriate, or may suspend in its entirety to consider other matters. Executive sessions may be held at any time in the order of business.
(Ord. 1426)
1-815 Motions; Second.
All motions require a second before such motion may be considered or debated.
(Ord. 1426)
1-816 Debate.
All motions are debatable unless otherwise noted in the section governing that motion.
(Ord. 1426)
1-817 Substantive Motion.
Only one main substantive motion may be pending on the floor at any one time. It must be withdrawn or advanced to a vote before another substantive motion is introduced.
(Ord. 1426)
1-818 Substitute Motion.
Substitute motions are prohibited. Substantive motions must be withdrawn or advanced before another substantive motion is introduced.
(Ord. 1426)
1-819 Motion to Amend.
A motion to amend is in order when the proposal is to change, add, or delete words from the main substantive motion. If the motion is to amend a document before voting on its adoption, it is advisable to reduce the change to writing, but it is not required if all members of the governing body understand the amendment. A vote on an amendment is not a final vote on the underlying substantive motion. To pass the underlying substantive motion requires a vote.
(Ord. 1426)
1-820 Motion to Pass; An Ordinance.
All ordinances of the city shall be considered at a public meeting of the governing body. An ordinance after consideration and amendment (if any) of the ordinance, the question shall be “Shall the ordinance pass?” No ordinance shall contain more than one subject, which shall be clearly expressed in its title, and no section or sections of an ordinance shall be amended unless the amending ordinance contains the entire section or sections as amended and the section or sections amended shall be repealed.
(Ord. 1426)
1-821 Motion to Refer
If the governing body deems it appropriate, it may refer an ordinance, resolution, contract or other matter back to staff, committee, board or other appropriate location for further review and consideration. Such motion may or may not contain a time certain for the item to be returned to the governing body for action.
(Ord. 1426)
1-822 Motion to Reconsider; Prohibited.
Motion to reconsider are prohibited. Any governing body member may make a new substantive motion on a matter previously considered by the city.
(Ord. 1426)
1-823 Motion to Call the Previous Motion.
This motion is not debatable and, if passed by the majority of the governing body, calls the Previous Motion for an immediate vote on the substantive motion. This motion requires a vote.
(Ord. 1426)
1-824 Motion to go into Executive Session.
The motion to go into executive session shall be made as follows: “I move that the governing body recess into executive session to discuss ______ (general description of the subjects to be discussed) pursuant to the ______ (statutory justification listed in K.S.A. 75-4319(b)). The open meeting will resume in ______ (location of the meeting) at______ (time). While not required, the motion may also state who is to be present in the executive session. This motion must be made, seconded, and carried. The complete motion must be recorded in the minutes of the meeting. The meeting may not reconvene until such time stated in the motion.
(Ord. 1426)
1-825 Motion to Adjourn to a Later Date and Time.
If the governing body is unable to complete its agenda during the time allotted for the meeting, the meeting may be adjourned to a date and time certain to continue the regular or special meeting. The motion shall state the time, place, and date for the meeting to reconvene. If the motion is adopted, the meeting is adjourned to the specified time, place and date.
(Ord. 1426)
1-826 Motion to Adjourn.
At the conclusion of the agenda, a motion to adjourn is in order and requires a second and majority vote of the governing body.
(Ord. 1426)
1-827 Form of Vote.
All votes shall be by voice vote or, in the alternative: the mayor may request that a vote be by “show of hands.” No vote shall be by secret ballot.
(Ord. 1426)
1-828 Division.
The mayor or any member may request a formal division of vote. At the discretion of the mayor, division may be either a poll of each member or a show of hands.
(Ord. 1426)
1-829 Duty to Vote.
Members of the governing body have a duty to vote unless such member choosing to abstain has a conflict of interest or other conflict that appears to make voting on an issue improper. Any member who abstains must state, for the purpose of inclusion in the minutes, the reason for the abstention.
(Ord. 1426)
1-830 Recording.
Upon final passage of a matter, the vote shall be recorded in the minutes.
(Ord. 1426)
1-831 Votes; Non-Ordinance Matters.
Unless otherwise specifically required by law, the adoption or rejection of resolutions and Non-Ordinance Matters other motions shall be by a majority of those present. An abstention shall be counted with the prevailing side. Abstention shall be noted in the minutes.
(Ord. 1426)
1-832 Votes; Ordinary Ordinance.
The adoption of an ordinary ordinance requires 3 affirmative votes of the council. (requires simple majority)
(Ord. 1426)
1-833 Votes; Charter Ordinance.
The adoption of a charter ordinance requires 4 affirmative votes of the governing body. (requires 2/3 majority)
(Ord. 1426)
1-834 Votes; Confirmation of Mayoral Non-Elected Positions.
In a city of the second class, the mayor participates and votes with the city council in confirmation of appointments to non-elected positions.
(Ord. 1426)
1-835 Votes; Confirmation of Mayoral Appointments to Elected Position Vacancies.
In a city of the second class, the mayor participates and votes with the city council in Confirmation of Mayoral appointments to fill vacancies in elected positions.
(Ord. 1426)
1-836 Rules.
For those matters not covered by these rules, the procedure shall be as decided by a majority vote of the governing body. These rules may be amended after adoption by a subsequent ordinance amending specific rules as identified in the ordinance. Such ordinance amends the adopting ordinance. The rules may not be suspended by the governing body during any meeting.
(Ord. 1426)
1-837 Meetings by telephone or video conferencing.
Members of the Governing Body of the City of Marion may participate in a Regular or Special meeting of the Governing Body by means of conference telephone or similar communications equipment, by means of which all persons participating in the meeting can hear one another, and such participation in a meeting shall constitute presence in person at the meeting. Minutes shall reflect action taken at such meeting and individuals participating via electronic communications.
(Ord. 1434)