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How to Conduct a Meeting: A Practical Guide to F inishing a Meeting in Time to Get Home for Breakfast , Despite the Open Meeting Law, Robert’s Rules of Order, Stubborn Colleagues, and Talkative C itizens. Presented by Mary Ann Karns City Attorney, Shawnee, Oklahoma.
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How to Conduct a Meeting:A Practical Guide to Finishing a Meeting in Time to Get Home for Breakfast, Despite the Open Meeting Law, Robert’s Rules of Order, Stubborn Colleagues, and Talkative Citizens Presented by Mary Ann Karns City Attorney, Shawnee, Oklahoma
I. Getting Started II. Moving Through The Meeting III. Growth Opportunities IV. Frequently Asked Questions
What Rules Govern? What Kind of Meeting Is It? What Is On the Agenda? What Challenges Do You Anticipate? Getting Started
What Rules Govern? • Open Meeting Law • Charter Ordinances • Robert’s Rules of Order • Governing Body’s Own Rules
What Rules Govern?Open Meeting Law Assumption: Someone has already made sure that you are complying with the terms of notice and agenda preparation. Main Rule: Stay on Topic!
What Rules Govern?Charter and Ordinances • Charter May Set Out Time, Place, and Frequency. • Charter May Require Robert’s Rules of Order • Ordinances Generally Control How Agenda Created • Order of Agenda • How Agenda Is Created • Who May Speak • Time Limits for Speakers
What Rules Govern? • Local Rules • Governing body may have • adopted a resolution or policy • regulating the meeting.
What Rules Govern? If you need rules, research other cities. • Go to www.municode.com • Click on “Library” • Click on any state • Search those communities
What Is On the Agenda? • Read It! (Duh!) • Annotated Agenda • Notes on the Issue • Notes on the Process
What Is On the Agenda? Annotated Agenda Sample MAYOR’S ANNOTATED AGENDA BOARD OF CITY COMMISSIONERS SEPTEMBER 17, 2012 AT 6:30 P.M. COMMISSION CHAMBERS AT CITY HALL ANYTOWN, OKLAHOMA
CALL TO ORDER 1. Consider approval of Regular Consent Agenda: a. Minutes from the September 4, 2012 regular meeting. b. Budget Amendment Capital Fund 301 Amend Budget for grant money received from Grant Transportation Enhancement Program
Acknowledge the following minutes and reports: • Urban Renewal Authority minutes from August 7, 2012 • Planning Commission minutes from June 6, 2012 • Sister Cities Council minutes from July 10, 2012 • Project Payment Report for August 2012 • License Payment Report for August 2012
d. Approve agreement with Housing Authority of the City for supplemental police services. • e. Approve agreement with Housing Authority of the City for fingerprint services with the Police Department. • Consider Approval of Planning Agenda • Approve final plat for New Homes for Us Addition • Approve Extension of Time for Filing Drainage Plan
Citizens Participation • (A three minute limit per person) • (A twelve minute limit per topic) • 4. A public hearing and consideration of rezoning property located at 204 N. Louisa from C-3; Automotive, Commercial and Recreation to C-4; Central Business with a conditional use permit. Case No. P13-12
Call The Item • Take Staff Report • Open Public Hearing • Call For Those In Support To Speak • Call For Those Against To Speak • Call For Anyone Else To Speak • Close The Public Hearing • Commission Discussion • Call For Motion • Ask City Attorney To Read Ordinance Title • Vote
Discussion, consideration, and possible action on an ordinance to do some dang fool thing or another. Call Item Staff Report Discussion Call For Motion Ask City Attorney To Read Title f. Vote
g. Separate Motion/Vote On Emergency Clause • 7. New Business (Any matter not known about or which could not have been reasonably foreseen prior to the posting of the agenda) • 8. Commissioner’s Comments • Adjournment
What Kind of Meeting Is This? • Regular Meeting • Public Hearing • Workshop
What Kind of Meeting Is This? • Formal • Lengthy Agenda • Incidental Public Input • Discussion from Governing Body • Decision Making
What Kind of Meeting Is This?Public Hearing • Formal • May Be Statutory Requirements • Limited Agenda • Purpose Is Public Input • May Be Decision Making
What Kind of Meeting Is This?Public Hearing • Generally Complicated Topic • Generally Topic Presentation and Discussion Too Lengthy for Regular Meeting • No Decision Making
What Kind of Meeting Is This?Public Hearing • Often Results in Findings • Generally Used For Changes in Ordinances or For the Purposes of Grant Applications and Expenditures
What Kind of Meeting is This?Workshop • Informal, Often Roundtable • Limited Agenda (Usually One Topic) • Limited or No Public Input • May Be for Purpose of Receiving Information
What Challenges Do You Anticipate? • Staff Reports • Lengthy Public Comment • Disagreements Within Governing Body
What Challenges Do You Anticipate?Staff Reports • Know When to Use Them • Should Be in “Packet” • Presentation Should Be Summary • Remember Public Likely Has Not Seen The Report
What Challenges Do You Anticipate?Lengthy Public Comment • Decide Whether You Want Public Comment (not required in Oklahoma unless public hearing) • Decide Whether You Want Any Limits • Limit Per Speaker • Limit Per Topic • Be Consistent With Allowing Comment and Time Limits • Sign In To Speak (Not To Be Present)
What Challenges Do You Anticipate?Colleague Discussion/Disagreement • Public Entitled to Observe Decision Making Process • Public Will Not Have Information; You Do. Share It!
Moving Through The Meeting The Consent Agenda • Items That Normally Do Not Need Discussion and Are Not Controversial • Minutes • Administrative Reports • Acknowledgement of Reports, Grants, Etc. • Claims • Setting Regular Meeting Dates • Planning Agenda
Moving Through The Meeting The Consent Agenda • Greatly Reduces Time Spent on These Items • If Any One Member Wants It Separately Discussed, Pull The Item, and Vote Separately • If a Member Only Wants Information, Provide It, and Then Decide Whether It Needs To Be Pulled For Separate Vote
Moving Through The MeetingThe Power of the Chair • Do Not Be Afraid to Use It • Do Not Surrender It • Use It To: • Declare Discussion At End • Ask For Motion • Go to Next Topic • Recess (not adjourn) Meeting
Moving Through The MeetingThe Power of the Chair • Make a Motion or Second • Advise Speaker He is Out of Order • If God Wanted You to Sit There Like a Lump, She Would Not Have Invented the Gavel • You Are the Mayor/Chair Because Someone Thought You Had Leadership Ability. Do Not Be a Disappointment!
Moving Through The MeetingKeep It Moving! • Limit Side Remarks • Prevent Cruelty to Animals – No Beating of Dead Horses! • Know Your Agenda So You Are Not Lost
Moving Through The MeetingKeep It Moving • If Multiple Meetings (Trust Authorities, Etc.), Consider Recessing Main Meeting and Convening Secondary Meeting • Make a Motion If Necessary • Consider Rule That Motions be Made in the Affirmative
Moving Through The MeetingGenerating Discussion • Do Not Dominate • Ask Whether Anyone Else Wants to Speak • If Member Does Speak, Reward That • If Necessary, Ask Staff a Question To Which You Know the Answer (And Which They Expect You To Ask!)
Moving Through The MeetingGetting to Consensus • Listen More Than You Talk • Listen For the Common Thread in Discussion • Summarize the Common Thread Accurately and Fairly • Persuade, Do Not Intimidate • Know When It Is Time to Act
Moving Through The MeetingThe Motion • Make In the Affirmative Whenever Possible • Person Who Makes Motion (And Who Seconds) Can Vote Against The Motion • Make Sure Motion is Clear • Restate It Or Ask The Clerk To Do So
Moving Through The MeetingThe Motion • If No Second, Declare Motion Has Died For Lack of Second • Ask If There Are Other Motions • If Not, Move On • A Tie Means A Motion Did Not Pass, Which Is Not Quite the Same Thing As Having It Fail! Essentially, It Means Nothing Happened.
Moving Through The MeetingThe Motion • Abstentions: Check Your Rules. Some Cities Do Not Allow; Some Show It As a “No.” As Practical Matter, It Affects the Outcome As a “No.” • Motion to Reconsider (Robert’s Rules of Order) • Only Made By Person On The Winning Side • Has To Be Made in Same Meeting or Next One
Moving Through The MeetingThe Motion • Motion to Reconsider (Open Meeting Law) • Without Motion to Reconsider, Depending on Local Rules, Can Probably Come Up Again (And Again And Again . . . . ) • Easiest Way to Combat – As Soon As Topic Is Called, Someone Makes a Motion to Continue
Growth Opportunities • Talkative/Disruptive Colleagues • Talkative/Disruptive Individual Citizens • Unruly Audience • Off Topic, Out of Order Citizen Comments
Growth OpportunitiesTalkative/Disruptive Colleagues • Stop Calling On Them After They Have Talked Enough • Ask If “Anyone Else” Wants To Speak • Speak To Individual Privately • Take a Recess • Consider Some Public Reprimand by Governing Body
Growth OpportunitiesTalkative/Disruptive Citizens • Set a Time Limit and Enforce It • If Disruptive, Ask to Stop The Conduct or Speech • If Continues to Be Disruptive, Gavel Down • Take a Recess If Necessary
Growth OpportunitiesDisruptive Audience • Ask to Behave • Take a Recess • If Necessary, End Meeting, and Recess to Another Day Certain
Growth OpportunitiesCitizen/Member Comments • Open Meeting Law Concerns • Slander • Privileged Information
Frequently Asked Questions • What about a motion to table? DON’T DO IT!!! Continue to a date certain if you want to talk about it again. Just continue if you are hoping it will go away.
Frequently Asked Questions • Do I have to (get to ) vote? Check your ordinances/charter. Sometimes, a Mayor votes only in case of tie; sometimes Mayor has same vote as other members. • Do I have to get a second before a vote? Absolutely!
Frequently Asked Questions • What about an item titled “old/ unfinished business?” No such thing under Open Meeting Law. It is either listed as an item, or is it new business (narrow definition). If it is on your agenda as a category, get it off. .
Frequently Asked Questions • Motions do not take effect until we approve the minutes next time, right? Wrong! They take effect immediately or on date stated in motion or, in the case of ordinances, 30 days after passage unless an emergency is attached.
Frequently Asked Questions • How about “calling the question?” Under Robert’s Rules of Order, this is a device used by a member of the governing body to stop debate. First, you have to get a second to the motion; it is not itself debatable. Then you vote (roll call) on calling the question. If it passes (2/3 majority), then you vote on the main motion, assuming there was already a motion on the floor. Try to avoid this.
Frequently Asked Questions • “So moved” is a motion, right? Wrong again! What is “so”? Restate the motion meant, if the movant cannot quite do it.