HomeMy WebLinkAbout4.a. Meeting Best Practices
EXECUTIVE SUMMARY
Environment & Sustainability Commission Meeting: January 11, 2022
AGENDA SECTION:
AGENDA ITEM: Meeting Best Practices
Presentations
PREPARED BY: Jessie Paque, Deputy City Clerk/Office
Specialist AGENDA NO. 4.a.
Erin Fasbender, City Clerk
ATTACHMENTS: Commissioner Orientation Information,
APPROVED BY: BLE
Roberts Rule of Order – Cheat Sheet
RECOMMENDED ACTION: Discussion
DISCUSSION
In December of 2019, the Rosemount Environment and Sustainability Task Force (REST) transitioned to
a City-appointed Commission. On an annual basis, a commissioner orientation takes place conducted by
our City attorney. Attached are the orientation materials that are generally given to new commissioners.
As a full-fledged City Advisory Commission, it is important to keep the structure and order of the
meetings consistent with agenda. If a commissioner wishes to discuss an item not on the agenda, it can be
added to the next agenda for further discussion and consideration. There are a number of resources that
are attached and linked below to help preserve order and expedite business during meetings.
Minnesota Open Meeting Law: https://www.youtube.com/watch?v=ekMYPGp9meY
Minnesota Data Practices: https://www.youtube.com/watch?v=GjZlSF76VcU
League of Minnesota Cities: Meetings, Motions, Resolutions, and Ordinances:
https://www.lmc.org/wp-content/uploads/documents/Meetings-Motions-Resolutions-and-
Ordinances.pdf
o Please note, there have been updates since October 2020, that have not been included in
the latest Chapter 7 as updates continue to be made at the legislative level.
SUMMARY
The objective of the commissioner orientation and Roberts Rule of Order is to have commissioners be
more efficient and will assist staff when completing minutes and creating the next agenda. Staff will be
present to discuss the information provided and answer any questions.
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ORIENTATION FOR NEWLY-ELECTED COUNCIL AND COMMISSION MEMBERS
Mary Tietjen, City Attorney
1. Open Meeting Law. (Minnesota Statutes Chapter 13D)
A. In General. The Open Meeting Law (OML) requires that meetings involving a quorum
of the Council or Commission must be open to the public. The OML applies to the
city council and to “any committee, subcommittee, board, department, or
commission” of the City.
B. Meeting. A “meeting” is a gathering of a majority of the members of the body at
which official business is discussed. It is not necessary that action be taken for a
gathering to constitute a “meeting.” A meeting does not include chance, social
gatherings as long as public business is not discussed. Telephone calls, emails, or
letters could constitute a “meeting” if the members are using this type of
communication in a serial manner as a means of deciding public matters outside the
public view. It is permissible to lobby and consult one another without a majority
present, but decisions on public business must be made publicly. As a practical matter,
it is best to simply avoid discussing city business outside of a council or commission
meeting.
C. Closed meetings. In some cases, meetings can be or must be closed. Meetings may be
closed only if closure is expressly authorized by statute or permitted by the attorney-
client privilege. Before closing a meeting, the Council or Commission must state on
the record the specific grounds permitting the meeting to be closed and describe the
subject to be discussed.
D. Notice. A schedule of the regular meetings of the Council or Commission must be
kept on file at its primary offices. Notice of special meetings must be posted at least
three days before the meeting and must include the date, time, place, and purpose of
the meeting. For an emergency meeting, no notice is required but good faith efforts
to notify the news media and other parties requesting notice must be made.
E. Votes. Votes of the members of the body on an action taken in a meeting required
to be open to the public must be recorded in a journal kept for that purpose. The
vote of each member must be recorded on each appropriation of money, except for
payments of judgments, claims, and amounts fixed by statute. The journal must be
available to the public during normal business hours.
F. Access to meeting materials. The public must have access to all materials provided
to the Council or Commission before, during, or after the meeting and pertaining to
the items on the agenda. This does not include materials classified as non-public by
law.
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G. Violations. Intentional violations of the OML may subject an individual to personal
liability in the form of a civil penalty up to $300. If a person has been found to have
intentionally violated the OML three or more times involving the same governing
body, such person shall forfeit any further right to serve on such governing body or
in any other capacity with such public body for a period of time equal to the term
of office such person was then serving.
H. Use of E-mail/Texting/Social Media, Etc. With respect to the OML, e-mail is
fundamentally no different from any other form of communication. Care must be
exercised, however, to be sure that a quorum or more of the Council or Commission
does not use e-mail to communicate with each other outside of a meeting. As noted
above, one-on-one, serial email communication can constitute a violation of the OML.
Use of social media does not violate the OML if the social media use is limited to
exchanges with all members of the general public.
2. Data Practices Act. (Minnesota Statutes Chapter 13)
A. The Minnesota Government Data Practices Act (the “Act”) governs all data
maintained by the City. All government data collected, created, received,
maintained or disseminated by the City is presumed to be public, unless classified
by state statute or federal law as nonpublic or protected non-public, or with respect
to data on individuals, as private or confidential.
B. Classifications. The Act establishes the following classifications of data:
1. Public - accessible to anyone.
2. Private/non-public - accessible to the person who is the subject of the data
and to the governmental entity.
3. Confidential/protected non-public - accessible only to the governmental
entity.
4. Not Public - any government data classified as confidential, private, non-
public or protected non-public.
C. Requirements. The three basic requirements of the Act are:
1. The City must allow a person to see and make copies of data when the law
gives the person the right to such access;
2. The City must not allow unauthorized persons to have access to data that is
not public; and
3. The City must appoint a Responsible Authority to ensure that the requirements
of the Act are satisfied.
D. Public access. The Responsible Authority must permit any person to inspect and
copy public government data at reasonable times and places, and, upon request,
shall be informed of the data’s meaning. If a person requests access for the purpose
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of inspection, the City may not assess a charge or require the requesting person to
pay a fee to inspect data. The City may require that a person requesting copies of
the data to pay the actual costs incurred in providing those copies.
E. Denying access. If the Responsible Authority denies access to government data to
any requesting person, they shall certify in writing that the request has been denied
and cite the specific statutory section, temporary classification, or specific
provision of federal law upon which the denial was based.
F. Penalties for Violation of the Act. The Act provides the following penalties:
1. Action for damages. A person who suffers damage as the result of a violation
of the Act can sue for damages, plus costs and reasonable attorneys’ fees. If
the violation was willful, the person may also be entitled to punitive damages
of $100 to $10,000 for each violation.
2. Action to compel compliance. Any aggrieved person can bring an action to
require the City to comply with the Act. The person may recover costs and
reasonable attorneys’ fees. If the action is frivolous, however, the court may
award costs and reasonable attorneys’ fees to the City.
3. Criminal charges. A person who willfully violates the Act is guilty of a
misdemeanor.
4. Discipline. A public employee who willfully violates the Act may be
suspended without pay or discharged.
G. Selected Examples of Public and Not Public Data.
1. Personnel Data. Most information that the City collects or maintains about its
employees, volunteers, and applicants for employment is private data on
individuals. This includes, among other things, performance evaluations,
disciplinary matters that are not final, and charges that do not result in
discipline. The following information about employees, volunteers, and
independent contractors of the City is public:
name; employee identification number, which must not be the person’s social
security number; actual gross salary; salary range; contract fees; actual gross
pension; value and nature of employer-paid fringe benefits; basis for and
amount of any added remuneration, including expense reimbursement; job
title and bargaining unit; job description; education and training background;
previous work experience; date of first and last employment; existence and
status of complaints or charges (but not the nature of the charge); final
disposition of disciplinary action (which occurs when rights to have the
decision reviewed by grievance or arbitration proceedings have been
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exercised or have lapsed); terms of any agreement settling an employment
dispute; work location; work telephone number; badge number; honors and
awards received; payroll time sheets (but not portions which show reasons for
use of sick or medical leave).
2. Data on Appointed/Elected Officials. After an individual is appointed to a
public body, the following data are public:
name; residential address; education and training; employment history;
volunteer work; awards and honors; prior government service; veteran status;
either a telephone number or email address where the appointee can be
reached, or both at the request of the appointee; first and last dates of service
on the public body; the existence and status of any complaints or charges
against an appointee; and upon completion of an investigation of a complaint
or charge, the final investigative report is public, unless access to the data
would jeopardize an active investigation.
All other data is private data and generally may only be released to the person
who is the subject of the data or to City staff whose jobs require access.
3. Correspondence with constituents. Correspondence between elected officials
and constituents is private data on individuals but can be made public by either
the elected official or the constituent. For example, if the Councilmember
forwards an email from a constituent to a staff person, the data is no longer
private.
4. Property complaint data. The identities (names, addresses and other
identifying information) of persons who register complaints with the City
concerning violations of state laws or local ordinances concerning the use of
real property are classified as confidential data.
H. The Data Practices Act and the Open Meeting Law Work Together.
1. Printed materials. The requirement that copies of written materials be made
available to the public at open meetings does not apply to materials that
contain data classified as not public. City staff will identify for the Council or
Commission any agenda materials that are not public, so that the members do
not unintentionally violate the Data Practices Act.
2. Working together. Whenever possible, council or commission members
should consult with the City Attorney prior to a public meeting if they have
questions about the classification of data and whether it is appropriate to
discuss the data at a public meeting.
3. Gift Law. (Minnesota Statutes Section 471.895)
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A. Rule: An interested person may not make a gift to a local official, and a local official
may not accept a gift from an interested person.
1. A “gift” includes money, real or personal property, a service, a loan, forbearance
or forgiveness of indebtedness, or a promise of future employment, that is given
and received without the giver receiving consideration of equal or greater value
in return.
2. An “interested person” is someone who has a direct financial interest in a decision
that a local official is authorized to make.
3. The term "local official" includes council members and members of boards and
commissions.
B. There are a few limited exceptions.
1. Campaign contributions.
2. Services to assist the local official in the performance of official duties, such as
providing advice, consultation, information and communication in connection
with legislation, and services to constituents.
3. Services of insignificant monetary value; plaques or similar mementos
recognizing individual services in a field of specialty or to a charitable cause.
4. Trinkets or mementos costing $5.00 or less.
5. Food or beverages given in connection with a speech. In general, this exception
permits only principal speakers at meetings to receive food or beverages.
6. Informational material of unexceptional value.
7. Gifts given to members of a group, the majority of whose members are not local
officials and an equivalent gift is given or offered to the other members of the
group.
8. Gifts given by family members of the recipient, unless the gift is given on behalf
of someone who is not a member of that family.
9. Gifts given by a national or multistate organization of governmental
organizations or public officials, of which the dues to the organization are
primarily paid from public funds, to attendees at a conference sponsored by that
organization, as long as the gift is food or a beverage given at a reception or
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meal and an equivalent gift is given or offered to all other attendees.
In general, if a local official wants the item then the item has some value and may be
prohibited.
C. Social exceptions. There are no “social exceptions,” so gifts such as wedding gifts
are prohibited unless the gift is from a formally organized group of which the local
official is one of many members. However, the group cannot be a group that is limited
by invitation. Also, gifts from family members are permitted.
If a local official attends a party at a friend’s house and that friend is an interested
party, the local official must reimburse the friend for the food and beverages
consumed.
4. Conflicts of Interest.
A. Personal Interest. City Council or Commission members may not participate in
matters in which they have a personal financial interest.
B. Examples of personal financial interest.
1. An official who owns property abutting a public street proposed to be vacated may
not participate in the street vacation proceedings.
2. An official owning property across from a bar may not participate in a liquor
license renewal decision for the bar.
C. Examples of no conflict of interest.
1. An officer of a bank where a zoning applicant did 90 percent of its business is not
barred from participating in the decision where the applicant’s project would be
financed through another bank.
2. An official is not disqualified from voting on a zoning ordinance change because
the official’s brother is employed by a corporation interested in the change.
3. A member of a planning commission who is a financially-contributing member of
a church is not disqualified from voting on a variance application requested by the
church.
D. When in doubt check with the City Attorney.
E. If a conflict of interest exists:
1. Disclose the interest as soon as possible.
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2. Don’t participate in discussions leading up to the decision.
3. Don’t attempt to influence other members regarding the decision.
4. Don’t vote or take any other official action relating to the decision.
F. Exceptions. There are limited exceptions to the conflict of interest rules. Contact the
City Attorney with questions.
G. Violation. A public officer who violates the conflict of interest law can be found
guilty of a gross misdemeanor, be fined up to $3,000, and imprisoned for up to one
year.
5. Remote Meetings. (Minnesota Statutes, sections 13D.02 and 13D.021)
A. Generally, under the OML, all meetings must be attended in person. There are
certain scenarios, however, when Councilmembers or Commissioners may
participate in a meeting from a remote location without violating the OML.
B. Meetings During Pandemic or Charter 12 Emergency - 13D.021
1. A meeting may be conducted remotely if the presiding officer, chief legal
counsel, or chief administrative officer (“Authorized Official(s)”) determines
that an in-person meeting, or meeting conducted under 13D.02 (discussed
below), is not prudent or practical because of a health pandemic or an
emergency declared under chapter 12.
2. The determination is most often made by the presiding officer (e.g., the Mayor,
Chair, or President).
3. The three scenarios that allow meetings under 13D.021 are: i) the existence of
a health pandemic; ii) a statewide emergency declared under Minn. Stat. 12.31;
and iii) a local emergency declared under Minn. Stat. 12.29. Since only one of
the three scenarios needs to exist to hold meetings remotely, the Authorized
Official may rely on the existence of a health pandemic even if there is no
declared emergency.
4. Steps 1-3 allow a meeting to be conducted with at least one member of the body
participating remotely and still requires at least one member of the body, the
chief legal counsel, or chief administrative officer be physically present at the
regular meeting location. Should the Authorized Official determine that it is not
feasible to have any person at the regular meeting location then the meeting can
be conducted fully remotely.
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C. Other Entity Meetings By Interactive Technology (Non-pandemic/non-emergency
situations) – 13D.02
1. Members of a public body may participate remotely from a location that is open
to the public even when there is no declared emergency or health pandemic.
The location of the member participating remotely must be included in the
meeting notice (except as described in C2).
2. Under 13D.02, members may participate remotely from a location that is not
open and accessible to the public, up to three times per year, under the following
circumstances:
a. The member is serving in the military and is at a required drill, deployed,
or no active duty; or
b. The member has been advised by a health care professional against being
in a public place for personal or family medical reasons. This clause only
applies when a state of emergency declared by the governor under Minn.
Stat. 12.31 and expires 60 days after the removal of the statewide state of
emergency. This exception does not apply when there is a local emergency
declared under Minn. Stat. 12.29.
Page 1 of 5 ROBERTS RULES CHEAT SHEET To: You say: Interrupt Speaker Second Needed Debatable Amendable Vote Needed Adjourn "I move that we adjourn" No Yes No No Majority Recess "I move that we recess until…" No Yes No Yes Majority Complain about noise, room temp., etc. "Point of privilege" Yes No No No Chair Decides Suspend further consideration of something "I move that we table it" No Yes No No Majority End debate "I move the previous question" No Yes No No 2/3 Postpone consideration of something "I move we postpone this matter until…" No Yes Yes Yes Majority Amend a motion "I move that this motion be amended by…" No Yes Yes Yes Majority Introduce business (a primary motion) "I move that…" No Yes Yes Yes Majority The above listed motions and points are listed in established order of precedence. When any one of them is pending, you may not introduce another that is listed below, but you may introduce another that is listed above it. To: You say: Interrupt Speaker Second Needed Debatable Amendable Vote Needed Object to procedure or personal affront "Point of order" Yes No No No Chair decides Request information "Point of information" Yes No No No None Ask for vote by actual count to verify voice vote "I call for a division of the house" Must be done before new motion No No No None unless someone objects Object to considering some undiplomatic or improper matter "I object to consideration of this question" Yes No No No 2/3 Take up matter previously tabled "I move we take from the table…" Yes Yes No No Majority Reconsider something already disposed of "I move we now (or later) reconsider our action relative to…" Yes Yes Only if original motion was debatable No Majority Consider something out of its scheduled order "I move we suspend the rules and consider…" No Yes No No 2/3 Vote on a ruling by the Chair "I appeal the Chair’s decision" Yes Yes Yes No Majority The motions, points and proposals listed above have no established order of preference; any of them may be introduced at any time except when meeting is considering one of the top three matters listed from the first chart (Motion to Adjourn, Recess or Point of Privilege).
Page 2 of 5
PROCEDURE FOR HANDLING A MAIN MOTION
NOTE: Nothing goes to discussion without a motion being on the floor.
Obtaining and assigning the floor
A member raises hand when no one else has the floor
• The chair recognizes the member by name
How the Motion is Brought Before the Assembly
• The member makes the motion: I move that (or "to") ... and resumes his seat.
• Another member seconds the motion: I second the motion or I second it or second.
• The chair states the motion: It is moved and seconded that ... Are you ready for the
question?
Consideration of the Motion
1. Members can debate the motion.
2. Before speaking in debate, members obtain the floor.
3. The maker of the motion has first right to the floor if he claims it properly
4. Debate must be confined to the merits of the motion.
5. Debate can be closed only by order of the assembly (2/3 vote) or by the chair if no
one seeks the floor for further debate.
The chair puts the motion to a vote
1. The chair asks: Are you ready for the question? If no one rises to claim the floor, the
chair proceeds to take the vote.
2. The chair says: The question is on the adoption of the motion that ... As many as
are in favor, say ‘Aye’. (Pause for response.) Those opposed, say 'Nay'. (Pause for
response.) Those abstained please say ‘Aye’.
The chair announces the result of the vote.
1. The ayes have it, the motion carries, and ... (indicating the effect of the vote) or
2. The nays have it and the motion fails
WHEN DEBATING YOUR MOTIONS
1. Listen to the other side
2. Focus on issues, not personalities
3. Avoid questioning motives
4. Be polite
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HOW TO ACCOMPLISH WHAT YOU WANT TO DO IN MEETINGS
MAIN MOTION
You want to propose a new idea or action for the group.
• After recognition, make a main motion.
• Member: "Madame Chairman, I move that _________."
AMENDING A MOTION
You want to change some of the wording that is being discussed.
• After recognition, "Madame Chairman, I move that the motion be amended by
adding the following words ________."
• After recognition, "Madame Chairman, I move that the motion be amended by
striking out the following words ________."
• After recognition, "Madame Chairman, I move that the motion be amended by
striking out the following words, _________, and adding in their place the following
words ________."
REFER TO A COMMITTEE
You feel that an idea or proposal being discussed needs more study and investigation.
• After recognition, "Madame Chairman, I move that the question be referred to a
committee made up of members Smith, Jones and Brown."
POSTPONE DEFINITELY
You want the membership to have more time to consider the question under discussion
and you want to postpone it to a definite time or day, and have it come up for further
consideration.
• After recognition, "Madame Chairman, I move to postpone the question until
________."
PREVIOUS QUESTION
You think discussion has gone on for too long and you want to stop discussion and vote.
• After recognition, "Madam President, I move the previous question."
LIMIT DEBATE
You think discussion is getting long, but you want to give a reasonable length of time for
consideration of the question.
• After recognition, "Madam President, I move to limit discussion to two minutes per
speaker."
Page 4 of 5
POSTPONE INDEFINITELY
You want to kill a motion that is being discussed.
• After recognition, "Madam Moderator, I move to postpone the question indefinitely."
POSTPONE INDEFINITELY
You are against a motion just proposed and want to learn who is for and who is against the
motion.
• After recognition, "Madame President, I move to postpone the motion indefinitely."
RECESS
You want to take a break for a while.
• After recognition, "Madame Moderator, I move to recess for ten minutes."
ADJOURNMENT
You want the meeting to end.
• After recognition, "Madame Chairman, I move to adjourn."
PERMISSION TO WITHDRAW A MOTION
You have made a motion and after discussion, are sorry you made it.
• After recognition, "Madam President, I ask permission to withdraw my motion."
CALL FOR ORDERS OF THE DAY
At the beginning of the meeting, the agenda was adopted. The chairman is not following
the order of the approved agenda.
• Without recognition, "Call for orders of the day."
SUSPENDING THE RULES
The agenda has been approved and as the meeting progressed, it became obvious that an
item you are interested in will not come up before adjournment.
• After recognition, "Madam Chairman, I move to suspend the rules and move item 5
to position 2."
POINT OF PERSONAL PRIVILEGE
The noise outside the meeting has become so great that you are having trouble hearing.
• Without recognition, "Point of personal privilege."
• Chairman: "State your point."
• Member: "There is too much noise, I can't hear."
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COMMITTEE OF THE WHOLE
You are going to propose a question that is likely to be controversial and you feel that
some of the members will try to kill it by various maneuvers. Also you want to keep out
visitors and the press.
• After recognition, "Madame Chairman, I move that we go into a committee of the
whole."
POINT OF ORDER
It is obvious that the meeting is not following proper rules.
• Without recognition, "I rise to a point of order," or "Point of order."
POINT OF INFORMATION
You are wondering about some of the facts under discussion, such as the balance in the
treasury when expenditures are being discussed.
• Without recognition, "Point of information."
POINT OF PARLIAMENTARY INQUIRY
You are confused about some of the parliamentary rules.
• Without recognition, "Point of parliamentary inquiry."
APPEAL FROM THE DECISION OF THE CHAIR
Without recognition, "I appeal from the decision of the chair."
Rule Classification and Requirements
Class of Rule Requirements to Adopt Requirements to Suspend
Charter Adopted by majority vote or
as proved by law or
governing authority
Cannot be suspended
Bylaws Adopted by membership Cannot be suspended
Special Rules of Order Previous notice & 2/3 vote,
or a majority of entire
membership
2/3 Vote
Standing Rules Majority vote Can be suspended for
session by majority vote
during a meeting
Modified Roberts Rules of
Order
Adopted in bylaws 2/3 vote