HomeMy WebLinkAbout5.c. Discussion of "Standing Rules" Proposal Submitted by Commissioner EdwardsROSEMOUNT PORT AUTHORITY
STANDING RULES
The following standing rules are being proposed, in no
particular order, as a guide for the development of a
series of standing rules for the Port Authority.
I believe these rules and others you may chose to
adopt, will give us a solid foundation from which to
conduct our business.
I. MEETINGS
The Port Authority shall conduct its business,
using the meetings format outlined by Roberts
Rules of Order, newly revised. Additionally,
except where otherwise provided for, the only
meetings of the Port Authority which shall be in
order are:
* Regular Session
* Executive Session
* Committee of The Whole
* Special Session
A. Regular Session
The Port Authority will meet in Regular
Session, the first Tuesday of every month.
1. Regular session meetings will convene at
5:30 P.M., in the Council Chambers,
Rosemount City Hall, Rosemount,
Minnesota.
2. Regular Session Meetings will adjourn at
7:30 P.M..
B. Executive Session
Any business, properly before the Port
Authority, which qualifies as attorney client
or otherwise meets the legal standards for
closed (Executive) session meetings, Shall,
following procedures established for
convening such meetings, be in order.
Only that business, for which the session was
convened shall be in order.
Rosemount Port Authority
Standing Rules
C. Committee of the Whole
The Port Authority will meet, as the
Committee of the Whole, the third Tuesday of
every month.
1. Committee of the Whole meetings shall be
considered working sessions.
2. Meetings will convene at 5:30 P.M., at a
location designated by the Chair.
D. Special session
Upon due call of the Chair, or upon the
request of a simple majority of its members,
the Port Authority shall meet and a special
session shall be convened.
1. Special Session meetings shall be
limited to the business stated in the
call.
2. Action taken in Special Session must be
ratified by 3/4 majority (5) of the Port
Authority, at the next regular session
of the Authority.
II. CONDUCTING BUSINESS
A. Agenda Items.
1. Regular Sessions.
The Port Authority Agenda, for regular
session meetings, will consist of the
following:
a. Consent Agenda
b. Old business - Specific Action
items
c. Committee of the Whole reports
0
Rosemount Port Authority
Standing Rules
recommendations - action items.
d. Consultant/Staff reports.
e. New Business - Information only.
f. Chairs report.
g. Executive Directors report.
h. Members Issues.
i. Community/Audience recognition.
j. Adjournment.
Ordinary business of the Port Authority
will appear on the consent agenda.
A member, upon approval of the body, may
add, no more than, two items to the
printed agenda. Except, as provided for
in Roberts Rules of order. Additionally,
no item may be added, to t� prin e
agenda, _ on i em,_ "-
Any item, properly before the body, at a
regular session meeting, as an
information item shall remain as such.
Once heard, the only motion in order,
shall be a motion to refer to the
committee of the whole.
2. Public Testimony
Public testimony, shall not be in order,
except as provided for herein.
a. Information requested to clarify
a specific point concerning a
motion properly before the body.
b. Presentation to the body
regarding a specific,
information only, agenda item.
.`Upon specific agenda allocations
of time for community/citizen
input. said speakers will be
limited to three minutes each.
3. Committee of the Whole.
Rosemount Port Authority
Standing Rules
The agenda of the committee of the whole
may be broad/expansive. Since these are
working sessions, public testimony/input
may be heard.
The only motions in order are to amend
and adopt, and that the committee rise
and report. The only way to close or
limit debate in meetings of the
committee of the whole is for the body
to vote that debate shall cease at a
certain time, or that after a certain
time no debate shall be
allowed,excepting new amendments, and
then only one speaker for and one
opposed to the amendment may speak, for
not more than five minutes each.
B. Motions
The following are motions which shall at
all time
be considered improper:
a.
Motions that conflict with the
constitution and by-laws of
the Authority.
b.
Motions that conflict with
business already adopted.
C.
Motions that reflect on the
motives of members.
d.
Motions not in accord with the
object and policies of the
body.
e.
Motions that conflict with the
laws of the federal, state, or
local government.
And; Motions that protect absentees
cannot be suspended by unanimous
vote. And; proxy voting is not in
order in ordinary circumstances.
And; no member can vote unless
present unless the by-laws are
amended to provide voting by mail.
Rosemount Port Authority
Standing Rules
Further, Questions that are
introduced that are not in accord
with the aims and objectives of the
Port Authority, or that are
controversial or irrelevant, shall
be ruled out of order by the Chair.
An "appeal" may be made from this -
ruling.
III. AUTHORITY TO ACT
No member, except as otherwise provided,
shall act on behalf of, or purport to
represent the Authority. However, the Chair
shall, in accordance with Roberts Rules, have
the authority to appoint Select Committees,
as needed.
A Select Committee, once appointed shall:
Have no less than three (3) active Port
Authority members in its service.
Conform its meetings to the rules
governing meetings of the committee of
the whole.
Limit its activities to only those items
referred to it.
Additionally, Select Committees, at the time
of their creation, will be given a time
certain for completion of their work. Upon
that time the committee will be dissolved.
However, upon a 3/4 majority of the
Authority, meeting in regular session, the
Select committees appointment may be extended
one time.
Any member, whether intentionally or
inadvertently, who conducts, transacts or
otherwise engages in any business currently
Rosemount Port Authority
Standing Rules
before, or reasonably expected to come before
the Port Authority shall, following such
occasion and prior to the next regular
session of the Port Authority, notify the
Chair and the Executive director in writing.
The notification should include the time,
date, location and substance of such
occasion. Failure to comply will be grounds
for sanction.
NOTE: Nothing in this section is intended to
preclude normal extemporaneous social
contacts.
I move the presentation of these Standing Rules at our
regular session meeting, 3-2-93, as the first reading,
in anticipation of formal adoption. Absent substantial
changes, I would move formal adoption of these rules at
our next meeting, 3-16-93.
If you have any questions or suggestions, please
contact me at your convenience.
BYLAWS
or
ROSEMOUNT PORT AUTHORITY
A DEVELOPMENT AGENCY
Article I. Established
There is hereby created by the City Council of the City of
Rosemount, in accordance with Minnesota Statutes, 469.0813 and
City of Rosemount Enabling Resolution No. 1991-53, the Rosemount
Port Authority, a Development Agency.
Article II. impose
The purpose of the Port Authority, a Development Aqency, is to
carry out economic development and redevelopment within the City
by acting as the development authority for the City on behalf of
the City's interest in continued new job development and
increased tax base.
Article III. Port Authority Members
The Port Authority Commission shall consist of seven (7) members
appointed in accordance with the provisions of the Enabling
Resolution No. 1991-53, Section 6.
Article IV. Seal of Port Authority
The seal of the Port Authority shall be in the form of a circle
and shall bear the name of the Port Authority, the year
established and contain the logo of the City of Rosemount.
Article V. Officers
Section 1. Chairperson. The Chairperson shall preside at all
meetings and shall have the duties and powers
usually attendant upon such officer. The
Chairperson shall be elected by ,the Commission
members at the annual meeting.
Section 2. Vice Chairperson. The Vice Chairperson shall, in
the absence or disability of the Chairperson,
exercise all the powers and perform the duties of
the Chairperson. The Vice Chairperson shall be
elected by the Commission members at the annual
meeting.
Section 3. Executive Secretary. The 6;1ty
Clerkshall act as
Executive Secretary to the Authority and
shall keep a record of all proceedings of
Commission meetings. The Secretary shall also
give notice of all meetings of the Commission and
1.
Section 4.
Article VI.
Section 1.
Section 2.
shall perform such other duties as prescribed by
the Commission.
Treasurer. The Treasurer shall receive and be
responsible for all monies from whatever source
derived and the same shall be deemed public funds.
Monies shall be disbursed only on checks signed by
the Executive Director or the City Finance
Director. The Port Authority Treasurer, when the
Chairperson and Vice Chairperson are absent, shall
be responsible for chairing the meeting.
The City Finance Director will serve as the Port
Authority Assistant Treasurer and be responsible
for accounting, investment, fund maintenance and
disbursement consistent with city procedures under
the direction and control of the Commissioners.
Other accounting procedures shall be in accordance
with Minn. Stat. 469.049, et seq. and Enabling
Resolution No. 1991-53.
Administrative Structure
Executive Director.The Port Authority shall
employ an Executive Director who shall have
general supervision, over the administration of its
business and affairs, subject to the direction of
the Port Authority. He/she shall be charged with
the management of t.e de gJDpzezt Projects of the
Port Authoritv. his person will be a tv
of the City of Rosemount.
---------------------
Assistant Director. The Port Authority may employ
an Assistant Director who shall assist the
Executive Director in the administration of the
business and affairs of the Port Authority. The
Assistant Director shall have the responsibility
to coordinate meetings with public and private
developers, pursuant to development/redevelopment
projects and general business of the Port
Authority.
The Assistant Director shall also be responsible
for reviewing and updating the Redevelopment Plan
and written reviews of all development proposals
which come before the Port Authority. Said
reviews and other memorandums shall bedirectedto
the Port Authority through the Executive Director.
2
The Assistant Director shall sit at regular or
special meetings of the Port Authority in the
absence of the Executive Director, and shall
attend other meetings as requested by the Port
Authority or Executive Director.
Section 3. Additional Personnel. The Port Authority may from
time to time employ such personnel as it deems
necessary to exercise its powers, duties and
functions as prescribed by law.
Article VII. Meetings of the Port Authority
Section 1. Meeting Place. The meetings shall be at such a
place in Rosemount, Minnesota, as the
Commissioners shall from time to time designate.
All meetings, except as otherwise authorized or
provided by law, shall be open to the public. The
Chairperson may change the meeting place by giving
five (5) days written notice to Commission
members.
Section 2. Time of Meetings.
A. Recrular Meetings. Regular meetings shall be
held twice each month at the time and date
specified by the Port Authority.
B. Special Meetings. A special meeting may be
called by the Chairperson, the Executive
Director, or by any three (3) Commissioners
by written request filed with the Executive
l+� Director who shall mail or personally deliver
to all members notice of the time and place
of such meeting at least twenty-four (24)
( hours in advance of the scheduled meeting
time. Special meeting notices must be posted
and shall state time, place and purpose of
the meeting and no other business shall be
considered.
C. Annual Meeting. The Annual Meeting shall be
the first meeting in February and held with
the regular meeting at the time and date
specified by the Port Authority.
Section 3. Quorum. A majority of the commissioners shall
constitute a quorum. A lesser number may adjourn
a meeting until a quorum is obtained. When a
quorum is in attendance at a meeting, action may
be taken upon a vote of a majority in attendance.
No voting shall be done by proxy.
3
Section 4. Governance of Meetings. The meetings of the Port
Authority shall be governed by Robert's Rules of
Order, provided that said rules shall be construed
1 liberally to afford the Port Authority flexibility
in the conduct of its meetings.
Article VIII. Manner of Voting
J The voting on all questions coming before
shall be by roll call, and the yea and nay
upon the minutes of such meeting.
Article I%. Order of Business
1. Call to Order
2. Approval of Minutes
3. Bills and Communications
4. Consent
5. Old Business
6. New Business
7. Chairperson's Report
8. Executive Director's Report
9. Adjournment
Article B. Committees
the Port Authority
votes shall be entered
The Chairperson shall appoint such advisory committees and
subcommittees as he/she determines are necessary and select its
members. No committee shall consist of more than five (5)
members. Committee and subcommittee members shall consist of
commissioners and/or other persons selected by the Chairperson.
The Chairperson shall define the purpose of the committee and
subcommittee and the expected length of time necessary to
complete a report. At any time these members may be replaced or
removed as deemed necessary by the Chairperson.
Article %I. Annual Budget and Annual Report
The Rosemount Port Authority, a Development Agency, shall have an
annual budget consistent 'th_t]-equirements of Enabling.
Resolution No. 1991-53 ity Charter, nd Minnesota Statutes,
Chapter 469, et seq.
An Annual Report shall be presented by the Port Authority to the
City Council each year during the month of April reviewing Port
Authority plans, projects and expenditures of the previous year.
All other reports shall be kept and distributed in accordance
with various statutes and Enabling Resolution No. 1991-53.
4
Article XIX. Powers
The Port Authority may exercise all of the powers contained in
the Minnesota Statutes, Chapter 469, as modified by Section
469.0813, and according to Enabling Resolution No. 1991-53.
Article XIII. Amendments to Bylaws
The Bylaws may be amended by a vote of a majority of the
Commissioners only when the proposed amendment has been submitted
in writing to all the Commissioners two weeks prior to the
meeting at which the amendment to be considered.
Article XIV. Approval of Bylaws
These Bylaws and any amendments to them shall be subject to the
approval of the Rosemount City Council
Adopted: ,, 1992 at a regular meeting of the
Rosemount Port Authority, a Development Agency.
Chairperson
ATTEST:
Executive Director
Approved by the Rosemount City Council on 1992
at a regular City Council meeting.
Mayor
City Clerk
MEMO
TO: John Edwards
FROM: Steve Jilk
DATE: March 2, 1993
RE: Proposed "Standing Rules" for the Port Authority
Thank you for the ideas on "Standing Rules for the operation of business before the Port
Authority. Rules of this nature would, I believe, go a long way in improving the quality
and quantity of decision making by the Port Authority Board.
Since the Port Authority does have a set of bylaws which outline the guidelines for operation
of meetings of the Board, these suggestions, or a modified form of them could be used to
amend the bylaws.
I think your suggestions are all valid and appropriate and I would like to continue in a
process to amend the Board's bylaws with them. I would have a few suggested changes and
a couple of questions to clarify my concerns on some of your suggestions.
I.B. Executive Session
Second line - "which qualifies as attorney/client business." This seems to
read better to me.
I.C. Committee of the Whole
1.) To read - Committee of the Whole meetings shall be considered
working sessions of the Port Authority.
I.D. 2.) I believe I understand your purpose here on requiring the 3/4 vote and
that would be to keep everything out in the open and public and to
insure that we don't get any knee jerk votes on issues. But, many
times the purpose of calling a special session is because we need to
make a decision fairly quickly and can't wait for the next meeting.
These meetings, though uncommon and few, may be necessary because
of an emergency or generally because we knew that some information
was going to be available on a specific date and then when available a
decision has to be made quickly. If we require a 3/4 vote at a future
meeting a decision isn't final until that 3/4 vote is taken. Sometimes,
this can cause a delay when it may not be necessary. This may be far
fetched but could cause a problem. I think the suggestion is a good
one but maybe limit the required vote to a majority just to insure that a
more "public" vote is taken.
John Edwards
Page 2
II.A. i.e.) New Business - Information Only. Are you suggesting that any item
under new business would be considered information only and couldn't
be voted on at this time? I would suggest that this is too limiting. I
believe there are times when action is appropriate and timely even
though it is a new item.
Maybe we should consider two areas of New Business, Action Items
and Information Only. Or reverse the entire agenda to offer
Information Only and Action Items areas. One way we have done this
with the City Council agenda is to provide a "Department Heads
Reports" area which is used for non -action items and reports. This
way all other items, new and old business, are expected to be action
items.
II.B. b.) Motions that conflict with business already adopted - Action taken
which simply conflicts with standing, or already adopted business, is a
problem. But, the Board must be able to take action to rescind a
motion or resolution already approved to change their position. We
can't bind future Boards with current Board action.
II. C. Your suggestion is totally .proper. I would suggest some serious
discussion with the current Chair on this before it is suggested though.
The role of the Chair is to conduct the meetings of the Board and
although the Chair is not restricted in his/her ability to make a motion
or vote on it, his/her discussion should be limited as you suggested. I
just suggest that it is, or could be a sensitive issue.
Last Paragraph - I would simply suggest the words "of that involvement" be added after
"notify the Chair and the Executive Director in writing.
I don't want to muddy the waters on these ideas as I think they are overdue and will offer
assistance in getting a professional touch to our meetings, but I would suggest that a way to
proceed on this is to form an ad hoc rules committee to bring these ideas as bylaw
amendments.
Please give me a call afteryou've had a chance to review my comments.
Thank you.
Steve
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