EQECA 03/11/2014 F
Memorandum
Planning Division
DATE: February 27,2014
TO: Fridley Appeals,Planning, and EQE Commission Members
FROM: Scott Hickok,Community Development Director
Julie Jones,Planning Manager
SUBJECT: Rosenberg Rules of Order
Background
Since 1949,the Fridley City Council has used Robert's Rules of Order as their guide for parliamentary
procedures at public meetings. Over time,Robert's Rules(which was developed as a guide for
Parliament in England)have expanded,becoming lengthy and cumbersome to follow.Recently, staff
learned that many cities across the country are now using an alternative guide called Rosenberg Rules of
Order.
Rosenberg's Rules is only seven pages long and is designed as a guide for city councils and boards of
five to seven members.Upon City staffs advice,the Fridley City Council took official action on
February 10,2014 to adopt Rosenberg Rules.The information that the City Council reviewed and
approved is attached.As it turns out,there really is no difference in the procedures in the new guide.The
guide itself is simply more condensed.
Recommendation
Since the City Council has made the change to Rosenberg Rules for guidance, staff recommends that the
advisory commissions consider taking the same action.The difference in process,however,is that the
Appeals,Planning,and Environmental Quality and Energy Commissions do not have bylaws,which is
where a guide is typically designated. Staff intends to further study language in existing code regarding
advisory commission procedures and recommends that the commissions review their options at a future
meeting.
FV AGENDA ITEM
CITY COUNCIL MEETING :OF
"1Y°F FEBRUARY 10 2014
FF
To: Walter T. Wysopal,City Manager
From: Debra A. Skogen, City Clerk
Date: February 4,2014
Re: Resolution Adopting Rosenberg's Rules of Order Revised 2011 as the Parliamentary
Procedures for the City of Fridley
On July 1, 1949, the City Council adopted Robert's Rules of Order (Robert's Rules) for
parliamentary procedures for use at their meetings. On September 24, 1957 the residents voted to
approve the Fridley City Charter. Section 3.03 of the Charter allows the City Council to determine
their own rules and order of business. The City Council did not officially adopt parliamentary
procedures at that time. Since the practice had been to follow Robert's Rules, it appears the City
Council continued to use Robert's Rules as their parliamentary procedure.
Staff completed its research and met with the City Council to provide an alternative to Robert's
Rules. Rosenberg's Rules of Order (2011) (Rosenberg's Rules), as shown in Exhibit 1 of the
resolution, was established for smaller groups for city councils or boards with five to seven
members. It is short and simple,unlike Robert's Rules. Based on the review by the City Clerk and
the City Attorney, it appears the City Council is essentially following Rosenberg's Rules.
The City Council met during a workshop to discuss the option of adopting Rosenberg's Rules and
asked for additional information. First, how many other local governments or boards have adopted
Rosenberg's Rules and second, questions about quorum, abstentions and conflicts of interest for
purposes of counting votes.
Research found the League of California Cities promotes Rosenberg's Rules and over twenty cities
or counties in California have adopted Rosenberg's Rules. In addition cities in the states of
Colorado, Georgia, Minnesota, Missouri, Montana, New Mexico, Oklahoma, South Carolina, and
Texas have adopted Rosenberg's Rules. Roseville was the first city in Minnesota to adopt
Rosenberg's Rules.
The City Attorney has provided direction regarding the questions of .quorum, abstentions and
conflicts for purposes of vote counting. Adopting Rosenberg's Rules would not affect the definition
of"quorum" for the Fridley City Council, or how council votes would be counted (including when
members abstain). Rosenberg's Rules decide these issues only if the local body(or state law) does
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not already have specific rules in place. See Rosenberg's Rules of Order (2011) at 2, 5-6. The
Fridley City Charter specifically defines a quorum and has provisions that effectively determine
how council votes must be counted (and what impact abstentions have). Fridley would be
considered to have specific rules on these issues. As a result,the City Charter,and not Rosenberg's,
Rules would control these issues. In addition to the City Charter and City Code, staff has provided
a reference sheet to help illustrate quorum and vote calculate under scenarios involving abstention
and conflict of interest, as shown in Attachment B.
Staff recommends a motion approving a Resolution adopting Rosenberg's Rules of Order
(2011)) as the Parliamentary Procedures for the City of Fridley, Minnesota, as shown in
Attachment A.
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e
Attachment A
RESOLUTION NO.2014 -
A RESOLUTION ADOPTING ROSENBERG'S RULES OF ORDER(2011)AS THE
PARLIAMENTARY PROCEDURES FOR THE CITY OF FRIDLEY
WHEREAS, research found the City Council adopted Ordinance No. 1 on July 1, 1949, defming
Robert's Rules of Order to be used as their parliamentary procedure; and
WHEREAS, after the Fridley City Charter was approved by the voters in 1957, allowing for the
City Council to determine their own rules, the City Council did not officially designate a
parliamentary procedure but continued to use Robert's Rules of Order; and
WHEREAS,the Fridley City Charter, Section 3.03, states that, "the City Council shall determine
its own rules and order of business",and
WHEREAS, research was completed to determine what other parliamentary procedures were
available for use and provided to the City Council for discussion; and
WHEREAS, after discussion,it was determined Rosenberg's Rules of Order(2011)was found to
be easier to understand and the process currently being used by the City Council.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Fridley hereby
( adopts Rosenberg's Rules of Order(2011)for the City of Fridley, as shown in Exhibit 1.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF ,2014.
Scott J.Lund,Mayor
ATTESTED:
Debra A. Skogen,City Clerk
t
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Y Vt
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Rosenberg's Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the zest Century
By Judge Dave Rosenberg
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11 rd&VrL
L�LEAGUE° -
L CALIFORNIA
CITIES
MISSION AND CORE BELIEFS
To expand and protect local control for cities through education and advocacy to enhance the quality oflife for all Californians.
VISION
Tb be recognized and respected as the leading advocate for the common interests of California's cities.
About the League of California Cities
Established in 1898,the league of California Cities is a member organization that rep units California's incorporated cities.
The League strives to protect the local authorityand automonyof city government and help Califomids cities effectively
serve their relents.In addition to advocating on cities'behalf at the state capitol,the League provides its members with
professional development programs and information resources,conducts education conferences and research,and publishes
Western Citymagazine
I
o 2011 LMW4fCA*MiAeaau.an rights Mffw&
ABOUT THE AUTHOR
Dave Rosenberg is a Superior Court Judge in Yolo County.He has saved as presiding judge of his court,and as
presiding judge of the Superior Court Appellate Division.He also has served as chair of the Trial Court presiding.Judges
Advisory Committee(the committee composed of all 58 California presiding judges)and as an advisory member of the
California Judicial Council.Prior to his appointment to the brach,Rosenberg was member of the Yolo County Board of
Supervisors,where he served two terms as chair.Rosenberg also served on the Davis City Council,including two terns
as mayor.He has served on the senior staff of two governors,and worked for 19 years in private law pnactim Rosenberg
has served as a member and chair of numerous state,regional and local boards.Rosenberg chaired the California State
Lottery Commission,the California Victim Compensation and Government Claims Board the Yolo-Solano Air Quality
Management District,the Yolo County Economic Development Commission,and the Yolo County Criminal Justice
Cabin&for many years,he has taught classes on parliamentary procedure and has served as parliamentarian for large
and small bodies.
�1
I�
TABLE OF CONTENTS
About the Author.............................
Introduction...........................................
Establishing a Quorum...».....................................
The Role of the Chair.................................»,
The Basic Format for an Agenda Item Discussion......................
Motions in General...................
r
1
The Three Basic Motions.................
Multiple Motions Before the Body......................».
To Debate or Not to Debate.....................
........................................».........................4
Majority and Super-Majority Votes........a.................................... »...,....»....5
CountingVotes.........................................................
.............».....................................5
TheMotion to Reconsider...........................................................................
I,
Courtesyand Decorum...............»............................................,............................... +
Special Notes About public Input..............................»....................».»...........».». ...7
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ALM
INTRODUCTION
The rules of procedure at meetings should be simple enough for Establishing a Quorum
most people to understand.Unfortunately,that has not always been The starting point for a meeting is the establishment of a quorum.
the case.Virtually all clubs,anociations,boards,councils and bodies A quorum is defined as the minimum number of members of the
follow a set of rules—McWs Rules of Order—which are embodied body who must be present at a meeting for business to be legally
in a small,but complex,book.Virtually no one i know has actually transacted.The default rule is that a quorum is one more than half
read this book cover to covet Worse yet,the book was written for. the body;For example,in a fare-member body a quorum is three.
another time and for another purposei-M ale is thaimtgorruaming - -Whenhe bazlyl astir-ce members piem—ew,3t caa kplCytransect
a parliament,then Robert's Rules of Order is a dandy and quite useful business.If the body has less than a quorum of members present,it
handbook for procedure in that complex setting.On the other hand, cannot legally transact business.And even if the body has a quorum
if one is running a meeting of say,a five-member body with a few to begin the meeting,the body can lose the quorum during the
members of the public in attendance,a simplified version of the rules meeting when a member departs(or even when a member leaves the
of parliamentary procedure is in order. dais).When that occurs the bodyloses its ahMty to transact business
Hence,the birth of Rosatbergs Rules of Order. until and unless a quorum is reestablished.
What follows is my version of the rules of parliamentary procedure, The defanh rule,identified above,however,gives way to a specific
based on p ydecades of experience chairing meetings in state and rule of the body that establishes a quorum.For example,the rules of
local government These rules have been simplified for the smaller a particular five-member body may indicate that a quorum is Jour
bodies we chair or in which we participate,slimmed down for the members for that particular body.The body must follow the rules it
21st Century,yet retaining the basic tenets of order to which we have has established for its quorum.In the absence of such a specific rule,
(' gown accustomed.Interestingly enough,Rosenbergs Rules has found the quorum is one more than half the members of the body.
a welcoming audience.Hundreds of cities,counties,special districts, The Role of the Chair
committees,boards,commissions,neighborhood associations and
private corporations and companies have adopted Rosenbergs Rules While all members of the body should know and understand the
m lieu of Robert's Rules because they have found them practical,` rules of parBamentaryprocedum it k the chair of the bodywho is
logical,simple,easy to learn and user friendly, charged with applying the rules of conduct of the meeting.The chair
This treatise on modern parliamentary procedure is built on a should be well versed in those rules.Por all intents and purposes,the
foundation supported by the following four pillars: chair makes the final ruling on the rules every time the chair states an
action.In fact,all decisions by the chair are final unless overruled by
1. Rules should establish order.The first purpose of rules of the bodyi tself.
parliamentary procedure is to establish a framework for the
orderlyconduct of meetings. Since the chair runs the conduct of the meeting,it is usual courtesy
forthe chair to play a less active role in the debate and discussion
2. ]rules should be cleat Simple rules lead to wider understanding than other members of the body.This does not mean that the chair
and participation.Complex rules create two classes:those should not participate in the debate or discussion.To the contrary,as
who understand and participate;and those who do not fully a member of the body,the chair has the full right to participate in the
understand and do not fully participate. debate,discussion and decision-making of the body.What the chair
3. Rules should be user fiiendly.That is,the rales must be simple should do,however,is strive to be the last to speak at the discussion
enough that the public is invited into the body and fells that it and debate stage.The chair should not male or second a motion
has participated in the process. unless the chair is convinced that no other member of the body will
4. Rules should enforce the will of the majority while protecting do so at that point is time.
the rights of the minority The ultimate purpose of rules of
procedure is to encourage discussion and to facilitate ded&n The Basic Format for an Agenda Item Discussion i
making by the body.In a democracy,majority rules.The rules Formal meetings normally have a written,often published agen&
must enable the majority to express itself and fashion a result, Informal meetings may have only an oral or understood agenda.In
while permitting the minority to also express itself,but not either case,the meeting is governed by the agenda and the agenda
dominate,while firIly participating in the process. constitutes the body's agreed-upon roadmap for the meeting.Each
agenda item an be handled by the chair in the following basic
format:
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First,the chair should clearly announce the agenda item number and Nindt,the chair takes a vote.S,implyasking for the`ayes-and then
should clearly state what the agenda item subject is.The chair should asking fir
then announce the format(which follows)that wM be followed in rector vote dm"fib normally does this.If members of the body do
considering the agenda item, otherwise(or unless a super �the rales of the bodyprovide
Second, jority is required as delineated later
Wowing that agenda format,the chair should invite the in these rules),then a simple majority(as defined in law or the rules
appropriate person or persons to report on the item,including any of the body as delineated later in these rules)determines whether the
recommendation that they might have.The appropriate person or motion passes or is defeated.
persons maybethe chak a member of the body,a staff person,or a AV*the chair should announce the result of the vote and what
committee chaff charged with providing input On the agenda item. action(if any)the body has taken,In announcing
Third,the chair should ask members of the body if they have ��the fit,the dhair
�, should indicate the names of the members of the body,if any,who
technical questions of clarification,At this point,members of the F voted in the minority on the motion.This announcement might take
body may ask darifying questions to the person or persons who the WOW*form:"The motion pates by a vote of 3-2,with Smith
reported on the item,and that person or persons should be given and Jones dissenting,We have passed the motion requiring a 10-day
time to respond. notice for all future meetings of this body."
Founts,the chair should invite public comments,or if appropriate at
a formal meeting,should open the public meeting for public input. Motions in Genual
If numerous members of the public indicate a desire to speak to Motions are'he vehicles for decision making by a body.It is usually
the subject,the chair maylimit the time of public speakers.At the best to have a motion before the bodyprior to commencing
conclusion of the public Comments,the chair should announce that discussion of an agendaitem.This helps the body focus.
Public input has concluded(or the public hearing,as the case may be, Motions are made in a simple two-step process.First,the chair
is dosed).
should recognize the member of the body.Second,the member
F,f ih,the chair should invite a motion.The chair should announce of the body makes a motion by preceding the member's desired
the name of the member of the body who makes the motion, approach with the words"I move..."
Sixth,the chair should determine if any member of the body wishes A typical motion might be:"I move that we On a 10-day notice in
to second the motion.The chair should announce the name of the the future for all our meetings,"
member of the body who seconds the motion.It is normally good The chair usually initiates the motion in one of three ways:
practice for a motion to require a second before proceeding to
ensure that it is not just one member of the body who is interested 1. Inviting the members of the body to snake a motion,for
in a particular approach.However;a second is not an absolute example,"A motion at this time would be in order."
requirement,and the chair can proceed with consideration and vote 2. Suggesting a motion to the numiliers of the body,"A motion
on a motion even when there is no second.This is a matter left to the would be in order that we give a 10-day notice in the future for all
discretion of the chair, our „
Seventh,if the motion is made and seconded,the chair should make 3. Making the motion.As noted,the chair has every right as a
sure everyone understands the min, member of the body to make a motion,but should normally do
This is done in one of three ways: so only if the chair wishes to make a motion on an item but is
1. The chair can ask the Maker of the motion to repeat 1t; convinced that no other member of the body is willing to step
p forward to do so at a particular time.
2. The chair can repeat the motion,or
3. The chair can ask the secretary or the clerk of the body to repeatThe Three Basic Motions
the motion. There are three motions that are the most common and recur often
Eigbdt,the chair should now invite discussion of the motion by the at meetings:
body.If there is no desired discussion,or after the discussion has The basic motion.The basic motion is the one that puts forward a
ended,the chair should announce that the body will vote on the decision for the body's consideration.A basic motion might be:`I
motion.If there has been no discussion or very brief discussion,then move that we crate a fives-member committee to plan and put on !
the vote on the motion should proceed immediately and there is no our annual fundraiser,"
need to repeat the motion.If there has been substantial discussion,
then it is normally best to make sure everyone understands the I
motion byrepeatag it.
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The motion to amend.Na member wants to dump abasic motion First the dair would dedwith the third(the last)motion on the
that is before the body,they would move to amend it A motion floor,the substitute motion.After discussion and debate,a vote
to amend might be:"I move that we amend the motion to have a would be taken fust on the third motion.If the substitute motion
10-member committec.'A motion to amendtakes the basic motion passed,it would be a substitute for the basic motion and would
that is before the body and seeks to change it in someway. eliminate it The first motion would be moot,as would the second
The substitute motion.If a member wants to completely do away motion(which sought to amend the first motion),and the action on
with the basic motion that is before the body,and put a new motion the agenda item would be completed on the passage by the body of
before the body,they would move a substitute motion.A substitute the third motion(the substitute motion).No vote would be taken on
motion might be:"I moves substitute motion.thatwe cancel the. the first orsecond motions.
annual fw hussar this yea f Second,if the substitute motion fiasW the chair would then deal
"Motions to amend"and"substitute motion?are often confused,but with the second(now the last)motion on the floor,the motion
they are quite different,and their effect(if passed)is quite dif�t to amend,The discussion and debate would focus strictly on the
A motion to amend seers to retain the basic motion on the floor,but amendment(should the committee be five or 10 members).If the
modify it in some way.AsabsGilutemoton seeks to throwoutthe motion to amend passed,the chair would then move to consider the
basic motion on the floor,and substitute a new and different motion main motion(the firatmotion)as amended.If the motion to amend
for it.The decision as to whether a motion is really a"motion to fad the emir would then move to consider the main motion(the
amend"or a"substitute motion"is left to the emir.So if a member fust motion)is its original format,not amended
makes what that member calls a"motion to amend;but the dair 7W,the chair would now deal with the first motion that was placed
determines that it is really a"substitute motion;then the chair's on the floor.The original motion would either be in its original
designation governs. format(five-member committee),or if amended,would be in its
A"friendly amendmem"is a practical parliamentary tool that is amended format(10-member committee).The question on the floor
simple,informal,saves time and avoids bogging a meeting down for discussion and decision would be whether a committee should
with numerous formal motions.It works in the following way:In the plan and put on the annual fundraiser
discussion on a pending motion,it may appear that a change to the
motion is'desirable or may win support for the motion fi+om some To Debate or Not to Debate
members.When that happens,a memberwho has the floor may The basic rule of motions is that they are subject to discussionand
simplysay,"I want to suggest a friendly amendment to the motion.° debate.Accordingly,basic motions,motions to amend,and substitute
The member suggests the friendly amendment,and if the maker and modonfs are all eligible,each in their turn,for full discussion before
the person who seconded the motion pending on the floor accepts and by the body.The debate can continue as long as members of the
the friendly amendment,that now becomes the pending motion on body wish to discuss an item,subject to the decision of the chair that
the floor.If eidier the maker or the person who seconded rejects the it is time to move on and take actiom
proposed friendly amendment,then the proposer can formallymov+e
to amend. There are exceptions to the general rule of free and open debate
on motions.The exceptions all apply when there is a desire of the
body to move on.The following motions are not debatable(that
Multiple Motions Before the Body is,when the following motions are made and seconded,the chair
There can be up to three motions on the floor at the same time. must immediately call for a vote of the body without debate on the
The chair can reject a fourth motion until the chair has dealt motion):
with the there that are on the floor and has resolved them.This Motion to adjourn.This motion,if passed,requires the body to
rule has practical value.More than three motions on the floor at immediately adjourn to its next regularly scheduled meeting.It
any gnven time is confusing and unwieldy for almost everyone, reqs a simple majority vote.
including the chair.
Motion to recess.This motion,if passed,requires the body to
When there are two or then motions on the floor(after motions ands,tdw a recess.Normally,fire chair determines the length
at the saris time,the cote should proceed first on the last nnmcdmof the recess which may be a few minutes or an hoar.It requires a
motion that is made.For example,assume the first motion is a basic le majority`emotion to have a five-member committee to plan and pat on our � �ritY vote
annual fimdraisern During the discussion of this motion,a member Motion to fix the time to adjourn,This motion,if passed,requires
might make a second motion to"amend the main motion to have a the body to adjourn the meeting at the specific time set in the
10-member committee,not a five-member committee to plan and motion For example,the motion might be:"I move we adjourn this
put on our annual fundraiser"And perhaps,during that discussion,a meeting at midnight It requires a simple majority vote.
member makes yet a third motion as a"substitute motion that we not
have an annual fundraiser this year."The proper procedure would E�
as follows:
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Motion to table.This motion,if passed,requires discussion of the Motion to close nominations.When choosing officers of the
agenda item to be halted and the agenda item to be placed em"hold"
The motion can contain a body(suds as the chair),nominations are in order tither from a
" specific time in which the item can come nominating committee or from the floor of the body.A motion to
bsdc to the body. I move we table this item until our
in October."Or the motion can contain no r meeting dose nominations effectively cuts off the right of the minority to
the return of the item,in which case a motion to take the�item e, . nominate officers and it requires a two-thirds trate to pass.
table and bringit back to the body will leave to be taken at a future Motion to object to the considetation of a question.Normally such
meeting.A motion to table an item(or to bring it back to the body) a motion is Um18cessWsince the objectionable item can be tabled or
requires a simple majority vote. defeated straight up.However,when members of a body do not even
Motion to limit debate.The most common form of twant an item on the agenda to be considered,then such a motion his motion is to h
In order.It is not debatable,and it requires a two-thirds vote to pass.
MY,*7 novo the Previous question or"I move the gaeationA or"I call
the question"or sometimes someone simply shouts out"question" Motion m suspend the rules.This motion is debatable,but requires
As a practical matter,when a member calls out one of these phrases, a two-thirds vote to pass.If the body has its own rules of order,
the chair can expedite matters by treating it as a"request"rather conduct or procedure,this motion allows the body to suspend the
than as a formal motion.The Chair can simply inquire of the body, rules for 9 Particular Purpose For example,the body(a private club)
"any further discussion?"If no one wishes to have filmier discussion, might have a rule prohibiting the attendance at meetings by non-dub
then the chair can go right to the pending motion ffiat is on the floor. members.A motion to suspend the rules would be in order to allow
However,if even one person wishes to discuss the pending motion a non-dub member to attend a meeting of the club on a particular
further,the at that point,the chair should treat the call for the date or on a particular agenda item.
"question"as a formal motion,and proceed to it.
When a member of the body makes such a meteor("I move the Counting Votes
Previous question"),the member is really saying"I've had enough The matter of counting votes starts simple,but can become
debate.Let's get on with the vote."When such a motion is made,the complicated-
chair should ask for a second,stop debate,and vote on the motion to Usually,it's pretty easy to determine whether a particular motion
limit debate.The motion to limit debate requires a two-thirds vote of passed or whether it was defeated.If a simple majority vote is needed
the body. to pass a motion,then one vote more than 50
percent of the body is
NOTE.A motion to limit debate could include a time limit.For required.For example,in a five-member body,if the vote is three in
OmmPle"I move we limit debate on this agenda item to 15 minutes" favor and two opposed,the motion passes.If it is two in favor and
Even in this format,the motion to limit debate requires a two- three opposed,the motion is defeated.
thirds vote of the body.A similar motion is a motion to object to If a two-thirds majorityvote is needed to pass a motion,omen how
consideration of an item.This motion is not debatable,and if passed, many affirmative votes are required?The simple rule of thumb is to
precludes the body from evenconsidering an item on the agenda.It count the"ho"votes and double that count to determine how many
also requires a two-thirds vote. "yes"votes are needed to pans a particular motion.For example,in
a seven-member body,iftwo members vote`nor then the°Wvote
Majority and Super Majority Votes of at least four members is required to achieve a two-thirds majority
In a democracy,a simple majority vote determines a question.A tie vote to pass the motion.
vote means the motion fails.So in a seven-member bodya vote of What about tie votes?In the event of a tie,the motion always fails since
4-3 passes the motion.A vote of 3-3 with one abstention means the an affirmative vote is required to pass any motion.For example,in a
motion fails.If one member is absent and the vote is 3-3,the motion five-member body,if the vote is two in favor and two opposed,with
still fak one member absent,the motion is defeated.
All motions require a simple majority,but there are a few exceptions. Vote counting starts to become complicated when members
The exceptions come up when the body taking an action which vote"abstains or in the case of a written ballot,cost a blank(or
effectively cuts off the ability of a minority of the body to take an unreadable)baDot Do these votes count,and if so,how does one
action or discuss an item.These extraordinary motions require a count them?The starting Point a always to check the statutes.
two-thirds majority(a super majority)to paw;
In Calibrnis,for example,for an action of a board of supervisors to
Motion to limit debate.Whether a member says,"I move the be valid and binding,the action must be approved by a majority ofthe
previous question,"or"I move the question,"or"I call the question," board.(California Government Code Section 25005.)Typically,this
or"I move to limit debate,"it all amounts to an attempt to cut off
the means three of thefive members of the board must vote aflirmatively
ability of the minority to discuss an item,and it requires a two-thirds in favor'of the action.A vote of 2-1 would not be sufficient.A vote of
vote to pass: 3-0 with two abstentions would be sufficient.In general law cities in
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California,as another crumple,resolutions or orders for the payment of Now,exactly how does a member cast an"abstention"votel
money and all ordinances require a reowded vote ofthetotal members Anytime a member votes"abstain'or says,"I abstain,"that is an
4the citycouncd.(Cabmia Government Code Section 36936.)Cities abstention.However,if a member votes"present"that Is also treated
with charters may prescribe their own vote requirements.Local clected as an abstention(the member is essentially saying,"Count me for
outs are always well-advised to consult with their local agency purposes of a quorum,but myvote on the issue is abstain.")In fact,
counsel onhow statelawmayafkd the vote count any manifestation of intention not to trate either"yes"or no"on
After consulting state statutes,step number two is to check the rules the pending motion may be treated by the chair as an abstention.if
of the body.If the rules of the body say that you count votes of"those written ballots are cast,a blank or unreadable ballot is counted as an
present"then you treat abstentions one way.However;if the rules of abstention as well.
the body ay that you count the votes of those"present and voting," Can a member vote"absent'°or"count me as absent?"Interesting
then you treat abstentions a different way.And if the rules of the question.The ruling on this is up to the chair.The better approach is
body are agent on the subject,then the general rule of thumb(and for the chair to count this as if the member had left his/her chair and
default rule)is that you count all votes that are'present and voting." is actu*'absent"That,of coume,affects the quorum.Howem the
Accordingly,under the"present and votiW system,you would NOT chair may also treat this as a trate to abstain,particularly if the person
count abstention votes on the motion.Members who abstain are does not actually leave the dais.
counted for purposes of determining quorum(they are"present"),
but you treat the abstention votes on the motion as if theydid not The Motion to Reconsider
exist(they are not"voting').On the other hand,if the rules of the There is a special and unique motion that requires a bit of
body specifically say that you count votes of those"presort"then you explanation all by itself;the motion to reconsider.A tenet of
DO count abstention votes both in establishing the quorum and on parliamentary procedure is finality.After vigorous discussion,debate
the motion.In this event,the abstention votes act just like"no"votes, and a vote,trete must be some closure to the issue.And so,after a
How does this work in practice? vote'staken,the matte'is deemed dosed,subject only to reopening
Here are a few examples. if a proper motion to consider is made and passed.
Assume that a five-member city,council is voting on a motion that A motion to reconsider requires a majority vote to pass Bike other
requires a simple majority vote to pass,and assume further that the ttdco-vonetl'motions,but there are two special rules that apply
bodyhas no specific rule on counting votes.Accordingly,the default only to the motion to reconsider.
rule kicks in and we count all votes of members that are"presort and First,is the matter of timing.A motion to reconsider must be made
voting n If the vote on the motion is 3-2,the motion passes.If the at the meeting when the item was first voted upon.A motion to
motion is 2-2 with one abstention,the motion faik reconsider made at a later time is untimely.(The body,however,can
Assume a five-member city council voting on a motion that requires always vote to suspend the rules and,bya two-thirds majority,allow
a two-thirds majority vote to pass,and further assume that the body, a motion to reconsider to be made at another time.)
has no specific rule on counting votes.Again,the default rule applim second,a motion to reconsider maybe made only by certain
Ifthe vote is 3-2,the motion fails for lack of a two-thirds majority.if members of the body.Accordingly,a motion to reconsider may be
the vote is 4-1,the motion passes with a dear two-thirds majority.A made only,by a member who voted in the majority on the original
vote of three'W one"no"and one"abstain"also results in passage motion.If such a member has a change of heart,he or she may
of the motion.Once again,the abstention is counted only for the make the motion to reconsider(any other member of the body
purpose of determining quorum,but on the actual vote on the —including a member who voted in the minority on the original
motion,it is as if the abstention vote never existed—so an effective motion—may second the motion).If amember who voted in the
3-1 vote is dearly a two-thirds majority vote. minority seeks to make the motion to reconsider,it must be ruled
Now,change the scenario slightly.Assume the same five-member out of order.The purpose of this rule is finality.If a member of
city council voting on a motion that requires a two-thirds majority minority could make a motion to reconsider,then the item could be
vote to pass,but now assume that the body DOES have a specific rule brought back to the body again and again,which would defeat the
requiring a two-thirds vote of members"present"Under this specific purpose of finality.
rule,we must count the members present not only for quorum but If themotion to reconsider passes,then the original matter is back
also for the motion.In this scenario,any abstention has the same before the body,and a new original motion is in order.The matte'may
force andeffect as if it were a"no"trate.Accordingly,if the votes were be discussed and debated as if it were on the floor for the first time.
throe"yea,"one no"and one"abstain,"then the motion fans.The
abstention in this case is treated like a`ne vote and effective vote of
3-2 is not enough to pass two-thirds majority muster.
37
. .._ ,.
W— mc.
"Nil 9
j
Courtesy and Decorum
Appeal.if the chair makes a ruling that a member of the body
The rules of order are meant to create an atmosphere where the d=8reea with,that member
reenters of the boll and the '�'appeal�ruling of the thea:If the
Y members of the public can attend to motion is seconded,and after debate,if it passes by a simple majority
business efficiently,feirlyand with fall participation.At the same vote,then the ruling of the chair is deemed reversed.
time,it is up to the chair and the membersof the bodyto maintain Call for orders of the at
is day.This '
common courtesy and demum.Unless the setting is very informal, "return to the mellanother way of saying,
it is always beat for only one person at a time to have the floor,ander»if a member believes that the body,has drift
lionthe agreed-upon agenda,such a call may be made.It does not
it is always beat for every speaker to be firstMWPiWd by
before proceeding to speak. the chair require a vote,and when the chair discovers that the agenda has
not been followed,the chair simply reminds the body to return to
The chain'should always ensure that debate and discussion of an the agenda item Properly before therm.ffthe chair fails to do so,the
agenda item€ocu'es on the item and the Policyin.question,not the chair's determination may be appealed.
Personalities of the members ofthe body.Debate on policy is healthy, V15thdraw a motion.
date on personalities is not.The chair has the right t to cut off During debate and discussion of motion,
the make of the motion on the floor,at any time,may interrupt a
discussion that is too �
personal,is too loud,or is too crude, speaker to withdraw his or her motion from the floor.The motion
Debate and discussion should be focused,but free and open.In the is immedieftlY deemed withdrawn,although the chair may ask the
interest of time,the chair may,however,limit the time allotted to Person who seconded the motion if he or she wishes to make the
Speakers,including members of the body. motion,and any other member may make the motion if properly
Can a member of the body inWruptthe speaker?The general rule is recognized.
"neThere are,however,exceptions.A speaker may be interrupted
for the following reasons: Special Notes About Public Input
Privilege:The proper interruption would be,point of privilege:, The rules outlined above will help make meetings very public_
The chair would then ask the interrupter to"state your point." friendly.But in addition,and particularly for the chair,it is wise to
Appropriate points of privilege relate to anything that would remember three special rules that apply to each agenda item:
interfere with the normal comfort of the meeting.For example,the Rude Olm Tell the public what the body will be doing.
with a pers n's ability to heaLL may be too hot or too cold,or a blowing fan might interfere Mule Two:Xeep the public informed while the body is doing it.
Order The m er in Rule Three:When the body has acted,tell the public what the
P P terruption would be,"point of order:"Again, body did.
the chair would ask the interrupter to"state your point."Appropriate
Points of order relate to anything that would not be considered
appropriate conduct of the meeting.For cmmple,if the chair moved
on to a vote on a motion that permits debate without allowing that
discussion or debate.
38
Attachment B
City of Fridley Reference to Rosenberg's Rules of Order(2014)
For Purposes of Quorum and Voting
QUORUM
The Fridley Charter provides that"three Councilmembers constitute a quorum to do business"
Charter
for all purposes other than canvassing an election. Fnlley City , § 3.03.
I
ORDINANCES
The Fridley City Charter states that"[a]n affirmative vote of at least three(3)members of the
Council is required for the passage of all ordinances, except as otherwise provided in this
Charter." Fridley CLq Charter, § 3.04.
The Charter requires three affirmative votes to pass an ordinance,no matter what. Since an
abstention is just another non-affirmative vote, it does not affect the total number of"ayes"
needed to pass an ordinance.
MOTIONS/RESOLUTIONS
The Fridley City Charter states that"[r]esolutions and motions require a majority vote of the
Councilmembers in attendance at the meeting, except as otherwise provided in this Charter."
Fridley City Charter, § 3.04 (emphasis added).
Resolutions and motions generally require a majority of council members to vote"aye." Under
the Charter,abstaining council members are generally considered"in attendance at the meeting,"
so they are ordinarily included in calculating the number of votes needed for a majority. As a
result,under the Charter, abstaining members generally do not affect the number of"aye"votes
needed to pass a resolution or motion. Abstentions due to conflicts of interest create an
exception to this rule,as discussed below
NOTE: Rosenberg's Rules have two ways to count votes: "present and voting"vs. "present."
Rosenbera's default rule is to count those members"present and voting." However,the Charter
provision about resolutions and motions uses the words"in attendance at the meeting,"which
puts Fridley under the "present" system for counting votes. Again,Rosenberg's Rules say you
follow the City Charter, City Code,or state law if there is a conflict.
OTHER ACTIONS
Section 205.05 of the Fridley City Code requires a four-fifths(4/5ths)vote to amend the zoning
ordinance (Chapter 205). See Fridley City Code, §205.05.4. In addition,the council must
unanimously approve an ordinance amending the City Charter,for amendments recommended
by the Charter Committee. Minn. Stat. §410.12, subd. 7(city council vote on proposed charter
amendment ordinance recommended by charter committee"is enacted if it receives an
affirmative vote of all members of the city council").
39
Attachment B
CONFLICTS OF INTEREST
Often,people use the term "abstention"when council members do not bervote because of a
conflict of interest. This usage is perfectly appropriate. In fact,the State Auditor uses the term
"abstention"to describe this situation. See Minn. State Auditor, Statement of Position: Meeting
Minutes(Jul. 2012), at 2(available at
httn://www.auditor.state.mn.us/other/Statements/meetingMinutes 0710 statementpdf)(advising
that cities should record "abstentions from voting due to a conflict and the member's name and
reason for abstention").
However,Minnesota law treats the situation where a member"abstains"because he or she has a
conflict of interest and is prohibited from voting differently than an ordinary abstention. If a
council member is prohibited from voting due to a conflict of interest,then it is as though the
member's seat is temporarily vacant for purposes of that vote. See Minn. Att'y Gen. Op. 396e-
16 (Oct. 15, 1957).
For ordinances in Fridley,this makes no difference. An ordinance requires 3 "ayes,"no matter
what. Fridley ity Charter, § 3.04.
However,this situation could impact the number of votes needed to pass a resolution or motion.
Again,the Charter requires a majority of those"in attendance"to vote for a resolution or motion,
in order for it to pass. Fridley Cily Charter, § 3.04. A member who is disqualified due to a
conflict of interest (and abstains)would not be considered to be"in attendance,"for purposes of
that vote only.
Some examples may make this rule clearer.
1. All 5 members attend, and 1 has a conflict of interest. The vote on the resolution is 3
"ayes," 1 "no," and 1 abstention (due to the conflict). The resolution passes, because a
majority (3 out of 4) voted for it. Again, the seat of the member with a conflict is
temporarily considered to be vacant, which means he or she is not considered "in
attendance." As a result, that member is not included in calculating the number votes
needed for a majority.
2. 4 members attend, and none have a conflict of interest. The vote on the resolution is 2
"ayes" and 2 "nos." The resolution fails because it does not have a majority (3 out of 4
would be needed).
3. 4 members attend, and 1 has a conflict of interest. The vote on the resolution is 2 "ayes,"
1 "no," and 1 abstention (due to the conflict). The resolution passes, because a majority
(2 out of 3) voted for it. Again, the member is not included in calculating the number of
votes needed for a majority, because his or her seat is considered temporarily "vacant"
for purposes of that vote.
40
A
4. 4 members attend, and 1 has a conflict of interest. The vote on the resolution is 2 "ayes"
and 2 abstentions (1 abstention due to a conflict of interest and 1 ordinary abstention).
The resolutionap sses,because a majority of those"in attendance" (2 out 3)voted for it.
Again, under the Fridley City Charter, an abstention ordinarily has the same effect as a
"no"vote. Only the member who abstains due to a conflict is not counted in figuring out
how many votes are needed for a majority. The important issue here is the reason for the
abstention,not just label of abstention.
5. 4 members attend, and 2 have a conflict of interest. The vote on the resolution is 2
"ayes"and 2 abstentions (both due to a conflict of interest). The resolution does not pass,
because there is not a quorum of the council for purposes of that vote (again, the Cit
Charter requires 3 members for a quorum).
* Section 3.03 of the City Charter suggests a different quorum number exists for
canvassing an election,however, it does not appear that this is the case.
41
ENVIRONMENTAL QUALITY AND ENERGY COMMISSION
Fridley Municipal Center, 6431 University Ave Ne
Agenda Packet
Tuesday, March 11, 2014, 7:00 p.m.
AGENDA
Conference Room A (Main Level)
Location:
Call to Order
Introductions
Approve Environmental Quality and Energy Commission Minutes: Jan. 14, 2014 (attached)
New Business
Guest Speakers Peter Teigland, Vice President of Business Development and Steve Coleman
Lead Designer, from a business called Minnesota Community Solar. They will talk about
Community Solar Farms and why a community might find benefit from their development
and what kinds of sites are suitable.
Commissioner report from Courtney Elford on Solar Seminar
New Environmental Steward Program Proposal
Composting Rule Changes
Anoka County Water Task Force
Other
Procedures and Rosenberg’s Rules
er
49 Days Parade
Old Business
Minor Update on Organized Collection
Next Meetings/Announcements
Tuesday, May 13, 2014, 7 p.m., Conference Room A (Main Level)
Adjourn