SECOND COMMITTEE SUBSTITUTE FOR RESOLUTION NO. 941393

 

Amending the Standing Rules of the City Council by repealing these rules and enacting a new set of Standing Rules of like subject matter.

 

BE IT RESOLVED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Standing Rules of the City Council are hereby repealed and new Standing Rules of the City Council are adopted in lieu thereof to read as follows:

 

 

TABLE OF CONTENTS

 

Roster of the city council..................................

 

Roster of the standing committees...........................

 

Roster of the special committees............................

 

 

 

STANDING RULES OF THE CITY COUNCIL

 

STANDING RULES OF

 

Rule 1. Presiding officer......................... Rule 2. Order of business......................... Rule 3. Roll call................................. Rule 4. Right of floor............................ Rule 5. Right of appeal........................... Rule 6. Committees, appointment of................ Rule 7. Standing committees, members.............. Rule 8. Committees, meetings...................... Rule 9. Weekly business sessions.................. Rule 9-A. Reasonable notice of public meetings...... Rule 10. Introduction out of regular order......... Rule 11. Voting.................................... Rule 12. Precedence of motions..................... Rule 13. Committee of the whole.................... Rule 14. Division of question...................... Rule 15. Reconsideration........................... Rule 16. Votes required............................ Rule 17. Emergency ordinances...................... Rule 18. Amendments and re-referrals............... Rule 19. Amendment or change in committee.......... Rule 20. Amending an amendment..................... Rule 21. Ordinance preparation time schedule....... Rule 22. Introduction of ordinances and resolutions - preparation of fact sheets........... Rule 22-A. Ordinance content. ....................... Rule 22-B. Reading of ordinances..................... Rule 23. Appropriation ordinances, purpose to be shown..................................

Rule 24. Proposed ordinances, distribution of duties of city clerk..........................

Rule 25. Referral to committee..................... Rule 26. Informal matters.......................... Rule 26-A. Third reading consent docket.............. Rule 27. Franchise grants, printing and distribution...........................

Rule 28. Committee reports, calling out of committee.......................

Rule 28-A. Semi-annual docketing..................... Rule 29. Privileges of floor....................... Rule 30. Attendance at council meetings............ Rule 31. Debate.................................... Rule 32. Public conduct in council meetings........ Rule 33. Suspension of rules....................... Rule 34. To amend rules............................ Rule 35. Annual review of appointed positions...... Rule 36. Council proceedings published.............

 

THE STANDING RULES AND ORDER OF BUSINESS

OF THE CITY COUNCIL (1994 EDITION)

 

 

Rule 1. Presiding Officer; council whip; state of the city.

 

The mayor is designated the president of the Council. In the absence of the president of the Council, the mayor pro tempore shall preside. In the absence of the mayor pro tempore, the order of succession to preside over the meetings of the council will be: chair of finance committee; chair of operations and aviation committee; chair of plans and zoning committee; and chair of rules and audit committee. The presiding officer shall govern the proceedings of the council and act in accordance with the provisions of Robert's Rules of Order Newly Revised.

 

The council whip, appointed by the mayor with the consent of the council, shall act as a liaison between the mayor and council on legislative matters.

 

On an annual basis, the mayor shall address the citizens of Kansas City to report upon the state of the city and make recommendations on goals for the city and proposals for achieving such goals.

 

(Resol. No. 40565, As Amended, 12-17-71) (Resol. No. 61488, 9-3-87) (Resol. No. 930267, 4-1-93, Resol. No. 930773, 7-22-93)

 

 

Rule 2. Order of Business.

 

The business of all regular meetings of the council shall be transacted in the following order:

 

1. Roll call of members.

 

2. Invocation.

 

3. Ceremonial presentation of awards or citations, recognition of visitors, announcements, and formal discussions.

 

4. Reports and communications from the mayor, city manager, departmental directors, and other communications, petitions, and memorials.

 

5. Third readings of ordinances and resolutions.

 

6. Second readings of ordinances and resolutions.

 

7. First readings of ordinances and resolutions.

 

8. Miscellaneous business, including the introduction of any ordinances and resolutions prepared too late for the printed docket.

 

If there is no objection, the presiding officer may call for any item to be taken out of order. If there is objection, the council, by a vote of at least seven members, shall be able to suspend the rules and change the order.

 

(Resol. No. 42910, 6-29-73) (Resol. No. 61488, 9-3-87)

 

 

Rule 3. Roll call.

 

(a) The presiding officer shall direct the clerk to call

the roll at the beginning of every council session.

 

(b) Absence of member. A member shall be recorded as

absent unless the member responds to the roll call conducted at the opening of the meeting.

 

(c) The absence of any member may be excused upon

majority vote of the council for any of the following reasons:

 

(i) funeral leave to attend a funeral in the

immediate family of a councilmember.

"Immediate family" is defined for the

purpose of this rule as father, mother,

wife, husband, child, brother or sister;

(ii) sick leave for a councilmember; and

(iii) official city business.

 

(d) A member appearing after the roll call may be

recorded as present upon the direction of the presiding officer.

 

(e) Upon roll call for the purpose of recording the

vote of the council, the city clerk shall only record votes of members present.

 

(f) Notwithstanding the above, a member will be

considered present at the council meeting for purposes of attendance and pay only if that member casts a vote on all motions to dispense with the requirement of reading ordinances on three separate days. If a councilmember must leave the meeting due to a previous commitment, that councilmember may request that the presiding officer entertain motions to dispense with the requirement of reading ordinances on three separate days.

 

(Resol. No. 40565, As Amended, 12-17-71)

 

Rule 4. Right of floor.

 

When any member is about to address the council, the member shall stand and be recognized by the presiding officer, and confine remarks to the question under debate.

 

(Resol. No. 40565, As Amended, 12-17-71)

 

 

Rule 5. Right of appeal.

 

Any member may appeal to the council from a ruling of the presiding officer. If the appeal is seconded, the member making the appeal may briefly state the member's reason for the same, and the presiding officer may briefly explain the ruling; but there shall be no debate on the appeal and no other member shall participate in the discussion. The presiding officer shall then put the question, "Shall the decision of the presiding officer be sustained?" If a majority of the members present vote yea, then the ruling of the presiding officer is sustained; otherwise it is overruled.

 

(Resol. No. 40565, As Amended, 12-17-71)

 

Rule 6. Committees, appointment of.

 

Immediately after the election, the mayor as president of the council, shall appoint the following standing committees:

 

1. Plans and Zoning Committee

 

2. Operations and Aviation Committee

 

3. Finance Committee

 

4. Rules and Audit Committee

 

In addition to the standing committees, the mayor may, with the approval of the council, appoint special committees, not encompassed by the foregoing committees. A majority of a special committee shall constitute a quorum.

 

(Resol. No. 910488, 4-11-91)

 

Rule 7. Standing committees, members.

 

There shall be four members of the council appointed on each of the standing committees, the president designating the member who is to serve as chair of the committee and the vice chair of each committee.

 

(Resol. No. 40565, As Amended, 12-17-71) (Resol. No. 61488, 9-3-87)

 

Rule 8. Committees, meetings.

 

Except for zoning ordinances, where meetings may be set at any time after proper publication of notice, the following standing committees shall hold regular public hearings on ordinances and resolutions referred to them by the president of the council at 2:00 p.m. each Wednesday afternoon as follows:

 

Finance Committee, Room F, 25th floor, City Hall

 

Operations and Aviation Committee, Room D, 25th floor, City Hall

 

Plans and Zoning Committee, Council Chamber, 26th floor, City Hall

 

Provided, however, that such hearings may be held at such other times and places as such committee may deem necessary for any cause, upon reasonable notice of such times and places as set out in Rule 9-A, and by notice posted at the entrance or in the city clerk's office, or by public announcement at a meeting of the council, or by both such posted notice and announcements. Committees may hold special public hearings on pending ordinances and resolutions, having first given like notice of the time and place of such meeting.

 

The rules and audit committee shall meet at least twice monthly at a time designated by the committee.

 

A quorum for conducting business shall be determined as of the commencement of the hearing.

 

Three members of a standing committee shall constitute a quorum. The chair of a committee may appoint a temporary committee member if required for a quorum. Such temporary committee member is appointed to establish a quorum exclusively and shall have no vote before the committee. Upon a vote of the majority of the committee present at a meeting, each ordinance or resolution referred to a committee shall be reported out "Do Pass", "Do Not Pass", or "Without Recommendation". In the event there is deadlock on the vote, the chair is authorized to hold off the docket the ordinance or resolution referred and may place the ordinance or resolution back on the docket at the chair's discretion.

 

The chair of each committee shall maintain order, allowing only one person to address the committee at a time. The committee chair may require the clerk to send a secretary to the committee room to take notes and assist the committee in making changes in ordinances or resolutions that may be desired during the course of a meeting so that these may be transmitted to the city manager and the city attorney. The chair may call upon the city attorney, city manager or any department head for advice or technical assistance in dealing with problems before the committee. Each committee may establish procedures for the conduct of its hearings. Councilmembers and citizens shall not use cellular phones during committee meetings.

 

Prior to all committee meetings, the city manager shall issue to each department head a notice of council action, advising the department head of the date that is set for the hearing of the matter involving the department and requesting that a designee be prepared to discuss the subject before the committee.

 

(Resol. No. 910448, 4-11-91)

 

 

Rule 9. Weekly Business Sessions.

 

A weekly business session of the council shall be scheduled at 1:30 p.m., preceding the regular meetings of the council, in the office of the city manager, unless such business session be dispensed with or a more convenient time or place therefor be fixed by the council. The subjects to be considered thereat shall be determined by the council. The city manager shall prepare the agenda for each weekly business session, which agenda shall include any subject matter requested by a member of the council, as limited by this rule, and shall announce the time and place of meeting to all members of the council, to department heads, and to other persons whose participation shall be required. No item currently pending before a council committee shall be docketed by a councilmember without the approval of that committee chairperson. No item shall be docketed for consideration at the business session after 1:30 p.m. on the day prior to the session without approval of the mayor and/or city manager. The mayor, or mayor pro tempore, shall preside at such business sessions, and only members of the council, city officials, and persons so indicated upon the formal agenda thereof, shall be permitted to address any such session.

 

(Resol. No. 53158, 8-20-81) (Resol. No. 61488, 9-3-87)

 

 

Rule 9-A. Reasonable notice of public meetings.

 

Pursuant to the provisions of Chapter 610, R.S.Mo., whenever the council or any committee thereof, or any board or commission of the city, shall meet in any session, formal or informal, at which any public business is to be discussed, decided, or public policy formulated, at any time or place other than that specifically fixed by law and whenever any such meeting, the time and place of which is fixed by law is dispensed with, public notice of the time, date, and place of each meeting, and its tentative agenda, or of dispensing therewith, shall be given as provided by such statutes.

 

 

Rule 10. Introduction out of regular order.

 

The presiding officer may at any time, in the absence of objection thereto by any member, permit a member, upon the member's request, to introduce, or to call up out of its regular order on the docket, an ordinance, resolution or motion. If any member objects thereto, the presiding officer may permit such member to introduce or call up any such matter by nine affirmative votes.

 

(Resol. No. 45677, 7-24-75)

 

 

Rule 11. Voting.

 

On the passage of every ordinance and resolution, and on the appointment of every officer, the vote shall be taken by yeas and nays, entered in full upon the record. The yeas and nays on any other question shall be entered upon the record at the request of any two members. The vote shall be for or against a pending ordinance or resolution, and not on the report of the committee thereon.

 

Roll call votes will be alternated during each term of the council in accordance with the following procedure. During the first eight (8) months of each council term, the voting order will be first district-at-large councilmember, first district councilmember, second district-at-large councilmember, second district councilmember, etc. with the presiding officer voting last. Each succeeding eight (8) month period, the voting of the councilmembers shall be rotated so that the next higher number councilmanic district will vote first and the councilmanic district formerly voting first will vote last, immediately preceding the vote of the presiding officer.

 

(Resol. No. 910958, 8-15-91)

 

 

Rule 12. Precedence of motions.

 

When a question is before the council, no motion shall be entertained except the following:

 

1. To adjourn.

 

2. To fix the hour of adjournment.

 

3. To lay on the table.

 

4. For the previous question.

 

5. To postpone to a certain day.

 

6. To postpone indefinitely.

 

7. To refer or re-refer to a committee.

 

8. To amend.

 

These motions shall have precedence in the order indicated. Any such motion, except a motion to adjourn, a motion to fix the hour of adjournment, a motion to lay on the table, and a motion for the previous question, shall be debatable.

 

(Resol. No. 45421, 5-16-75)

 

 

Rule 13. Committee of the whole.

 

When the council shall decide to go into committee of the whole, the president, or in the president's absence, the president pro tempore, without objection, shall act as chair; otherwise the council shall appoint a chair to preside and the presiding officer of the council shall leave the chair. The rules of the council, insofar as applicable, shall be observed in the committee of the whole, except that no limit shall be placed on the frequency of speaking, and that a motion to rise and report progress shall always be in order and shall be decided without debate. On any ordinance or resolution requiring a recommendation from the committee of the whole, the chair of such committee shall endorse the final recommendation upon such ordinance or resolution.

 

(Resol. No. 40565, As Amended, 12-17-71)

 

 

Rule 14. Division of question.

 

If the question contains two or more divisible propositions, the presiding officer may, and upon request of a member, shall divide the same; but a motion to strike out a provision and insert a substitute is not divisible.

 

(Resol. No. 40565, As Amended, 12-17-71)

 

 

Rule 15. Reconsideration.

 

After the decision upon any question, except the adoption or rejection of an ordinance submitted to the council under the initiative, or an emergency ordinance as defined in section 15 of the charter, any member who voted with the prevailing side may move for a reconsideration thereof at the same or the next meeting. A motion to reconsider shall require seven (7) affirmative votes for adoption. Once a motion for reconsideration of a decision has been adopted and acted upon, or has been rejected, no other motion for a reconsideration of the decision shall be made at the same meeting without the unanimous consent of the members of the council who are present. This rule does not affect the right of the mayor to require reconsideration under the provisions of section 10 of the charter.

 

(Resol. No. 40565, As Amended, 12-17-71)

 

 

Rule 16. Votes required.

 

As a matter of convenience, the following table gives the number of votes required on various matters pending before the council:

 

Borrow money (a) Authorizing the director of finance 9 votes to borrow money, 9 votes, charter art. iv, Section 99, p. 321.

 

Vacations (b) Vacating any public highway, street, 9 votes alley, public place, platted addition or subdivision or part thereof, 9 votes, charter

art. xi, Section 366, p. 601.

 

New department (c) Creating any new department in the 9 votes city government, 9 votes, charter art. ii, Section 25, p. 265.

 

Emergency (d) Emergency measures for the immediate 9 votes preservation of the public peace, property, health, safety or morals, 9 votes, charter

art. ii, Section 15, p. 257.

 

Emergency (e) Emergency measures listed in 7 votes charter, sec. 15 other than those necessary for the immediate preservation of the public

peace, property, health, safety or morals, 7

votes, charter art. ii, Section 15, p. 257.

 

Expulsion of member (f) Expulsion of a member from the city 9 votes council, 9 votes, charter art. ii, Section 9, p. 245.

 

Sale of city (g) Authorizing sale of city property, property 9 votes, charter art. xx, Section 463, p. 699. 9 votes

 

Dispensing with (h) Dispensing with charter requirement 3 readings that ordinance be read on three separate days, 9 votes 9 votes, charter art. ii, Section 14, p. 248. (With certain exceptions enumerated.)

 

Ordinances and (i) All ordinances and resolutions resolutions unless specified otherwise by charter, 7 7 votes votes, charter art. ii, Section 9, p. 245.

 

Zoning amendment (j) Amendments to zoning law when 9 votes under protest, 9 votes, R.O.K.C., 1957 Supplement, Ch. 65, Section 65, 350. p. 65-90.

 

(Resol. No. 40565, As Amended, 12-17-71)

 

 

Rule 17. Emergency ordinances.

 

If any emergency ordinance requiring nine votes shall fail to receive nine affirmative votes, such measure shall cease to be before the council as an emergency measure. Thereafter, a motion to strike the emergency clause shall be in order. If such motion is made and adopted, the original ordinance shall be before the council for immediate consideration as a measure on third reading without the emergency clause. If no such motion is made, the ordinance shall be deemed lost.

 

(Resol. No. 40565, As Amended, 12-17-71)

 

 

Rule 18. Amendments and re-referrals.

 

It shall be in order to amend an ordinance at any time when not in the hands of a committee upon affirmative vote of seven members of the council. If an ordinance after its second reading is re-referred to a committee, its status upon the docket after report by the committee shall be as follows:

 

Action of Committee Status on Docket

 

Amended by committee Second reading Substitute offered by committee Second reading Re-reported to council at same session Second reading No changes Third reading

 

(Resol. No. 40565, As Amended, 12-17-71)

 

 

Rule 19. Amendment or change in committee.

 

If any ordinance or resolution is changed or amended in committee, it shall be reported as follows: Type of Change Report Substitution, Addition, and/or Deletion of; As Amended by words, phrases, figures, amounts, sentences, committee or paragraphs; Proposed Committee Substitute; or as Committee Substitute. Whenever an ordinance or resolution is reported to the council as a substitute or as second or subsequent substitute, its original form(s), if any, shall not be reported to the council nor placed on the council docket, but shall be deposited in the files of the city clerk, together with all other data relating to the original ordinance.

 

(Resol. No. 40565, As Amended, 12-17-71)

 

 

Rule 20. Amending an amendment.

 

A motion to amend an amendment shall be in order, and one to amend an amendment to an amendment shall not be introduced.

 

An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order.

 

(Resol. No. 40565, As Amended, 12-17-71)

 

 

Rule 21. Ordinance preparation time schedule.

 

Ordinances or resolutions, prepared by the Law Department to appear on the next immediate docket, must be delivered to the city clerk before 5:00 p.m. on the first day preceding the council meeting at which the legislation is to be introduced. An ordinance or resolution received by the city clerk after 5:00 p.m. on the above designated day shall be processed but not docketed, unless presented by a member at the regular meeting and approval is given by the council in accordance with these rules. It shall be the duty of the city clerk to have ready for delivery by noon (12:00) of the day of said council meeting a docket setting forth by number and full descriptive title, all ordinances, resolutions, and documents to come before the council for consideration that day. This docket shall be delivered to any member upon request after 12:00 on the day of said meeting.

 

(Resol. No. 40565, As Amended, 12-17-71)

 

 

Rule 22. Introduction of ordinances and resolutions-preparation of fact sheets.

 

All ordinances and resolutions shall be introduced in the council only in printed or written form. Ordinances may be introduced only by the mayor, councilmember, city manager, or department heads with approval of the city manager. The city attorney shall review the ordinance request, prepare the ordinance and approve the ordinance for form. The ordinance fact sheet shall be prepared by the requester of the ordinance and submitted to the city clerk along with the ordinance request for the ordinance. The city clerk shall forward the ordinance fact sheets to the city manager for review and the addition of any other known facts not known to the ordinance requester. The city clerk shall upon return receipt of the ordinance fact sheets cause the same to be duplicated and distributed to the council.

 

(Resol. No. 43189, 9-28-73)

 

 

Rule 22-A. Ordinance content.

 

No ordinance shall contain more than one subject.

 

(Resol. No. 40565, As Amended, 12-17-71)

 

 

Rule 22-B. Reading of ordinances.

 

On first, second, and third reading of ordinances, the number, title, and committee report only shall be read. Any member may request the reading of any ordinance or resolution as a whole.

 

(Resol. No. 40565, As Amended, 12-17-71)

 

 

Rule 23. Appropriation ordinance, purpose to be shown.

 

Appropriation ordinance requests shall show the full purpose of the appropriation and the fund to which it is to be charged. The city attorney shall not prepare an appropriation ordinance, except for the mayor or a councilperson, absent the approval of the city manager and the director of the department under whose supervision the money is to be expended. The city clerk shall not docket any appropriation ordinance until assured that the above described written approvals accompany the ordinance.

 

(Resol. No. 40565, As Amended, 12-17-71)

 

 

Rule 24. Proposed ordinances, distribution of duties of city clerk.

 

The city clerk shall prepare and distribute copies of all proposed ordinances, together with summaries, to all members of the council at the meeting at which the ordinance is to be introduced.

 

(Resol. No. 40565, As Amended, 12-17-71)

 

 

Rule 25. Referral to committee.

 

All ordinances after the first reading shall be referred by the president to such committee as would be appropriate, unless otherwise ordered by the council. The committee shall consider and report the same with its recommendations to the council. An assigned ordinance may be changed from one committee to another with the consent of the chair of each committee involved. Ordinances or resolutions may be adopted upon any reading, in accordance with the provisions of Article II, section 14 of the charter. A resolution may be referred at any time before adoption to the appropriate committee. After committee report, the resolution shall be on second reading unless the committee otherwise directs the clerk.

 

(Resol. No. 40565, As Amended, 12-17-71)

 

 

Rule 26. Informal matters - communications.

 

Informal matters may be disposed of as follows:

 

1. Such matters where appropriate may be conveyed to the attention of the council by the administrative staff, through the city manager, or the city clerk or by members of the council in the form of a "communication to the mayor and council" which shall bear the serial number assigned by the city clerk. Such communication shall be delivered to the city clerk and placed on the regular docket under "Communications". 2. Such "communication" shall be referred by the mayor to the appropriate council committee for hearing, if so required, and for necessary consideration.

 

3. Following its consideration of the communication, the committee may order the communication filed or may return its action on the communication to the floor in the form of a resolution. The recommendations of the committee on the resolution shall accompany the communication. Provided, however, that where time is of the essence in disposition of such matter, the council, upon request of the official submitting the communication, may consider and act upon the communication on the date of presentation.

 

4. A resolution in response to a communication shall be docketed on the first reading and the adoption of the resolution shall be voted upon. A further reference of the resolution to the committee shall not be required and the resolution may be voted upon at its first reading.

 

(Resol. No. 40565, As Amended, 12-17-71)

 

 

Rule 26-A. Third reading consent docket.

 

The third reading docket shall be divided by the city clerk into two parts: a consent docket and a debate docket. All ordinances and resolutions on third reading will be placed on the debate docket unless the reporting standing committee by unanimous vote of those present designates that the ordinance be on the consent docket. Ordinances and resolutions on the consent docket will be voted upon without discussion or explanation. Ordinances and resolutions on the debate docket will be explained by the committee chair and subject to debate. An ordinance on the consent docket can be debated upon the request of any two members of the council. Ordinances on the consent docket will be subject to all customary motions.

 

(Resol. No. 920028, As Further Amended 4-9-92)

 

 

Rule 27. Franchise grants, printing and distribution.

 

All ordinances and substitute ordinances or amended ordinances granting any and all franchises which shall come within the provisions of the charter of the city, shall after being referred to an appropriate committee, be printed at the expense of the persons or corporations desiring such franchises, and at least fifty copies thereof shall be prepared for distribution among the members of the council and other persons interested in such franchise or franchises.

 

(Resol. No. 40565, As Amended, 12-17-71)

 

 

Rule 28. Committee reports, calling out of committee.

 

All ordinances and resolutions must be reported by a committee within 20 days after the date of reference therein. If not reported out, any member of the council may call the document out of committee by notifying the city clerk and president in open session. If the ordinance or resolution is so called out of committee in open session, the city clerk shall place the ordinance or resolution on the council docket at the next succeeding council session for second reading and, unless other council action is taken, the ordinance shall be on third reading at the council session next succeeding the second reading. The ordinance or resolution shall not be further referred to committee without the affirmative vote of seven members of the council.

 

(Resol. No. 40565, As Amended, 12-17-71)

 

 

Rule 28-A. Semi-annual docketing.

 

At the first council meeting following June 30 and December 31 of each year, the city clerk shall cause to be printed on the docket a listing, by number only, of all ordinances and resolutions more than six months old and undisposed of as of the date of such council meeting. Such docket listing shall be referred to the appropriate committee, which shall consider and report the same with its recommendations to the council. Thereafter, at the next council meeting following, the list by number shall be repeated on the docket, and such ordinances and resolutions shall be deemed lost, and shall be so marked by the city clerk, unless any member of the council shall request that a specific measure or measures remain in committee for an additional six months; provided,however, that this rule shall not apply to ordinances relating to proposed annexations.

 

(Resol. No. 40565, As Amended,12-17-71)

 

 

Rule 29. Privileges of floor.

 

No persons except members or ex-members of the council, the city manager and staff, reporters for the news media, the city attorney and staff, and city auditor, the sergeant-at-arms, the city clerk and staff, and persons invited by the president of the council, or by vote of the council, shall be admitted within the bar of the council chamber. No persons except members of the council, and except the city manager, the city auditor, the city attorney, the city clerk, or their respective representatives, and except persons invited by a vote of the council, shall be permitted to address the council. The sergeant-at-arms shall cause this rule to be rigidly enforced. The sergeant-at-arms shall rigidly enforce the prohibition of persons, other than security personnel, into the security booth.

 

(Resol. No. 40565, As Amended, 12-17-71)

 

 

Rule 30. Attendance at council meetings.

 

(a) Members shall advise the mayor, mayor pro tempore, the city manager, and the city clerk at least 24 hours in advance, except in the most unusual cases, of their intention to be absent and shall advise the mayor when they will be available at a later date in the event that the meeting must be recessed. If a councilmember is absent from a city council meeting on official city business, as an officially designated city representative, the councilmember may request that the city clerk record in the minutes for that meeting that the member was absent because of official city business.

 

(b) The city manager, or acting city manager, shall attend all meetings of the council unless excused. The city manager may make recommendations to the council and shall have the right to take part in all discussions of the council but shall have no vote.

 

(c) The city attorney, or an assistant city attorney, shall attend all meetings of the council. The city attorney shall act as the council's parliamentarian.

 

(d) The city clerk, or a deputy city clerk, shall attend all meetings of the council and its committees and keep a record of the actions of the council or committee.

 

(Resol. No. 61488, 9-3-87)

 

 

Rule 31. Debate.

 

(a) During council meetings, councilmembers shall preserve order and decorum and shall neither, by conversation or otherwise, delay or interrupt the proceedings nor refuse to obey any orders of the presiding officer or rules of the council. Councilmembers shall not use cellular phones during council proceedings.

 

(b) Every councilmember desiring to speak shall address the presiding officer and, upon recognition by the presiding officer, shall confine remarks to the question under debate and shall avoid discussion of personalities and the use of indecorous language. All members of the council shall accord the utmost courtesy to each other, the staff and members of the public who might be testifying. All councilmembers must address each other and designated staff by their appropriate title, i.e., mayor, councilman, councilwoman, city manager, city clerk, city attorney, or Mr./Mrs./Ms./Miss. The presiding officer shall attempt to recognize councilmembers in the order they seek recognition.

 

(c) Every councilmember desiring to question the administrative staff shall address questions to the city manager, who shall be entitled either to answer the inquiries personally or to designate some member of the staff for that purpose.

 

(d) A councilmember, once recognized, shall not be interrupted while speaking unless called to order by the presiding officer, a point of order is raised by another member, or the speaker chooses to yield to another member. If a councilmember is called to order while speaking, the member shall cease speaking immediately until the question of order is determined. If ruled to be in order, the member shall be permitted to proceed.

 

(e) Councilmembers shall confine their questions to the particular matters before the assembly and, in debate, shall confine their remarks to the issues before the council.

 

(f) No member shall walk between the presiding officer and the city clerk or between the presiding officer and a member addressing that officer. No member shall address the presiding while a vote is being taken, except to ask for a clarification on the issue being voted or to raise a point of order.

 

(Resol. No. 61488, 9-3-87)

 

 

Rule 32. Public conduct in council meetings.

 

(a) Media representatives shall not interrupt the council session by occupying a councilmember's seat, by conducting interviews or by seeking a councilmember's comments during the council meeting, while such councilmember is in the council chamber.

 

(b) Smoking or carrying of lighted tobacco is prohibited in the council chamber.

 

c) Citizens are welcome to attend all official meetings of the city council and will be admitted to the council chamber up to the fire safety capacity of the room.

 

(d) All citizens will refrain from extensive private conversations in the chamber while the city council is in session. Citizens attending a council meeting shall not use cellular phones in the council chambers during council proceedings.

 

(e) Citizens attending council meetings also shall observe the same rules of propriety, decorum and good conduct applicable to members of the council. Any person making personal, impertinent, and slanderous remarks or who become boisterous while addressing the council or while attending the council meeting shall be removed from the room if the sergeant-at-arms is so directed by the presiding officer, and the person shall be barred from the council chamber during that session of the city council.

 

(f) Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations shall not be permitted by the presiding officer, who shall direct the sergeant-at-arms to remove such offenders from the room.

 

(g) Citizens attending council meetings are not allowed to bring food or drink into the council chamber.

 

(h) In case of disturbances or disorderly conduct in the council chamber, the presiding officer shall have power to order the same cleared by the sergeant-at-arms.

 

(Resol. No. 61488, 9-3-87)

 

 

Rule 33. Suspension of rules.

 

Any provision of these rules not governed by the charter or code may be temporarily suspended at any meeting of the council, by a majority vote of all members elected.

 

(Resol. No. 40565, As Amended 12-17-71) (Resol. 61488, 9-3-87)

 

 

Rule 34. To amend rules.

 

Proposed amendments or rules shall be referred to the rules and audit committee for its report and recommendations and may be adopted by a majority vote of the members of the council. No amendment or rule may be adopted at the same meeting at which it is introduced.

 

(Resol. No. 40565, As Amended 12-17-71) (Resol. 61488, 9-3-87)

 

 

Rule 35. Annual review of appointed positions.

 

The city manager, city auditor and city clerk shall be reviewed annually in September, as follows:

 

(a) The rules and audit committee shall review the performance and salary of the city auditor and make recommendations to the entire council.

 

(b) The rules and audit committee shall review the performance and salary of the city clerk and make recommendations to the entire council.

 

(c) The council, sitting as a committee of the whole, shall review the performance and salary of the city manager.

 

(d) The purpose of this rule is to insure that the performance and salary of the above three positions are reviewed at least annually and no provision of this rule shall prevent rules and audit committee or the council from performing such a review, of any of the positions, at any other time.

 

(Resol. No. 921167, 11-12-92)

 

 

Rule 36. Council proceedings published.

 

The city clerk shall publish a record at least weekly in which an abstract of the proceedings of each meeting of the city council is promptly published. This publication shall be called The Kansas City Council Record and copies of it shall be made available to the public free of charge in the office of the city clerk.

 

(Resol. No. 62494, 5-19-88)

 

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