TO: Mayor and City Council
THROUGH: Krishna Namburi, City Manager
FROM: Dan Atchison, City Attorney
SUBJECT:
title
Proposed Council Rule Changes.
Ward(s): All Wards
Councilor(s): All Councilors
Neighborhood(s): All Neighborhoods
Result Area(s): Good Governance.
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SUMMARY:
summary
The Council Rules Committee met in January and February of this year to review and consider changes to council rules. The Committee is recommending changes to rules 5(j) - Special Orders of Business (adding a definition of “new business”), 8 - General Decorum (Giving the Mayor express authority to suspend public comment, prohibiting sticks, poles and other items that may be dangerous, and substantially revising the rule concerning removal of a person from a council meeting), 15 - Public Comment (prohibiting profanity), and 17 - Membership on Boards or Commissions (adding a process for appointing a councilor liaison to a board or commission and adding a guideline for liaisons). The Committee also recommends that budget committee rules be updated and that the City implement a plan to use metal detectors at council meetings.
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ISSUE:
Shall City Council direct staff to:
1) Prepare a resolution for Council’s consideration to adopt changes to Council Rules as set forth in Attachment 1,
2) Present a policy and plan to implement a prohibition on weapons at City Council meetings and implement the use of metal detectors at City Council meetings?
RECOMMENDATION:
recommendation
1) Prepare a resolution for Council’s consideration to adopt changes to Council Rules as set forth in Attachment 1,
2) Present a policy and plan to implement a prohibition on weapons at City Council meetings and implement the use of metal detectors at City Council meetings?
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FACTS AND FINDINGS:
The Council Rules Committee (Mayor Julie Hoy, Councilors Gwyn, Matthews and Nordyke) met in January and February of this year and discussed proposed changes to council rules relating to maintaining decorum at meetings, clarifying the definition of “new business” as applied to requirements for councilor/mayoral motions, and discussed information on the use of metal detectors at council meetings and the need to update Budget Committee Rules. At its February meeting, the Committee approved recommending certain rules changes to the City Council. Those changes are summarized below and set forth in Attachment 1.
Changes to Council Rules:
The Committee recommends to City Council that it adopt the following changes to Council Rules:
1. Rule 5(j)(2) - Special Orders of Business - Mayor and Councilor Items. Recommend adoption of amendment to define “new business” as;
“A motion to take action or direct staff to perform activity on an item that is not on the meeting agenda or does not have a recommendation, such as information reports. Motions modifying recommendations on meeting agenda items, such as resolutions, action items, special order of business or ordinances are not considered ‘new business’ and are not subject to this rule. Council member may submit motion that modify recommendations for agenda items to be distributed to council for council’s awareness, but such motions are not subject to this rule.”
The Committee further recommends that “should” in the second sentence of Rule 5(j)(2) be changed to “shall.”
The purpose of the proposed rule is to clarify when a written motion from a member of council must be submitted prior to the council meeting in order for the motion to be considered by council at that meeting. Under the proposed amendment, a written motion would be required for any matter that is not on the agenda or for an agenda item that does not contain a recommendation, such as an information report.
2. Rule 8 - Decorum. Remove the “removal of any person” subsection 8(d) of the rule and replace it with proposed rule 8.1 (see attachment).
3. Rule 8 - Decorum. Add subsection to allow the presiding officer to suspend public comment (see attachment).
4. Rule 8 - Decorum. Add subsection prohibiting sticks, poles, or other objects that may injure others (see attachment).
5. Rule 8.1 - Removal of a person. New proposed rule replacing Rule 8(d). The new rule conforms to recent legal precedent concerning public meetings and disruptions and defines “actual disturbance.” Requires the Presiding Officer to warn the participant of the offending conduct before they are removed.
6. Rule 15 - Public Comment. Add subsection prohibiting profanity (see attachment).
7. Rule 17 - Membership on Boards or Commissions and Appointment of Councilor Liaisons.
Incorporates councilor liaison appointment procedures previously approved by council into the council rules and adds a guideline that liaisons do not speak for council at board or commission meetings, unless authorized by council.
Maintaining Decorum:
Many of the proposed rule changes attempt to address decorum at council meetings. Under the City Council Rules, the Mayor has the primary obligation to maintain decorum during a meeting. Councilors also have an obligation to ensure that decorum is maintained too and discourage disruptive behavior that violates Council Rules. In most instances, the Mayor is able to maintain decorum by clearly announcing the rules for public comment and testimony ahead of time and by reminding participants of the rules when a violation occurs. However, in some instances, participants may be unwilling to observe the rules and additional measures are appropriate to get the meeting back on track.
The presiding officer has several techniques that can be effective in addressing disruptive behavior:
• Clearly announce the rules for decorum at the beginning of the meeting to set expectations,
• Warn participants as soon as disruptive behavior occurs to ensure that all participants know the rules will be observed,
• Interrupt speakers or mute the speaker’s microphone when disruptive behavior occurs and when their time has concluded,
• Apply the rules equally so that speakers understand that enforcement isn’t content based.
Other methods to limit disruptive behavior:
• End a speaker’s time when disruptive conduct continues despite warnings,
• Suspend public comment at a meeting when participants continue to disrupt the meeting after warnings,
• Recess the meeting to allow order and decorum to be restored,
• Removal of a person for disruptive behavior despite warnings.
These other methods may be more effective in maintaining decorum but can result in claims of Free Speech violations, if used arbitrarily, based on content, or when not necessary.
The Committee also discussed whether to amend Council Rule 15 regarding the two public comment periods on the agenda, but did not provide any recommendations. Potential changes that were discussed included;
• Enforcing the 30-minute limit for each period of public comment that is in the existing rules or increasing the overall limit for comment,
• Reducing the amount of time each speaker has when a large number of people have signed up (the Mayor currently has that authority).
Policy to prohibit firearms and implement the use of metal detectors at City Council meetings.
The Rules Committee recommends that City Council direct staff to develop a policy and plan for Council’s consideration to implement a prohibition on weapons at Council meetings and use of metal detectors to apply the policy, and to move forward with implementing that policy prior to the move back to the Council Chambers at the Civic Center.
If Council adopts the recommendation in this report, staff will prepare a draft policy and plan to implement the policy for Council’s consideration at a future council meeting.
The policy would include:
• Ordinance to prohibit possession of firearms at buildings where council meetings are held (Civic Center, including Loucks Auditorium).
o Adopt policy via code amendment,
o Post signs and notice on website.
• Implement metal detectors at council meetings.
o Attendees may be required to consent to search to enter the meeting,
o Provide outreach to the public and other attendees at council meetings about the policy and screening requirement.
o Equipment cost - one-time approximately $18,000.
o Staffing cost - two or three DPSST-certified security staff needed administer the metal detector and perform male and female searches. Approximate cost of $21,000 annually.
• Please see attachment 2 for more information on metal detectors.
Budget Committee Rules.
The Committee directed staff to review the budget committee rules and prepare amendments to conform the budget committee’s rules to council rules where appropriate. Additional items for consideration include providing more structure to the budget committee process and guidance on budget committee questions of staff. Staff will bring proposed changes to budget committee rules to city council and to the budget committee for consideration and review.
Procedures for amending Council Rules.
Rule 26(b) requires a 2/3 vote of council members present to amend a rule, provided that the amendments or new rules have been introduced into the Council record at least 10 days prior to council action on the amendments or new rules. Unless council directs otherwise, staff will return to council at the June 8th meeting with a resolution to adopt the rule changes set forth in attachment 1.
BACKGROUND:
The City Council Rules govern council procedures for meetings as well as for general council business. The Rules were last updated in 2023: Council Rules | Salem, Oregon <https://www.cityofsalem.net/government/city-council-mayor/about-city-council/council-rules>.
Dan Atchison
City Attorney
Attachments:
1. Proposed Rule Changes.
2. Metal Detector Presentation