Loading...
AHA-2004-001RESOLUTION NO. AHA2004- 1 A RESOLUTION OF THE ANAHEIM HOUSING AUTHORITY ADOPTING PROCEDURES AND RULES OF ORDER FOR THE CONDUCT OF MEETINGS OF THE GOVERNING BOARD OF SUCH AUTHORITY WHEREAS, the Governing Board of the Anaheim Housing Authority (hereinafter the "Governing Board") desires to establish procedures and rules of order for the conduct of meetings, business and proceedings of the Anaheim Housing Authority (hereinafter the "Authority"). NOW, THEREFORE, BE IT RESOLVED that the Governing Board of the Authority hereby adopts and establishes the procedures and rules of order for the conduct of Authority meetings, business and proceedings as hereinafter set forth. SECTION 1. MEETINGS 1.01. Regular and Special Meetings. The regular and special meetings of the Authority shall be held in the place and at the times specified in Section 501 of the By-Laws of the Authority and any resolution of the Authority adopted pursuant to such section. Procedures for the calling of such meetings and the adjournment thereof shall be as specified in Chapter 9 of Division 2 of Title 5 (commencing with Section 54950) of the Government Code of the State of California, or any successor provisions thereto. 1.02. Emergency Meetings. Emergency meetings may be held by the Authority in the time, place and manner and for the purposes specified in Section 54956.5 of the Government Code of the State of California, or any successor provision thereto. 1.03. Notices and Meeting Agendas. The Secretary shall post any public notices, agendas, and other matters required to be publicly posted pursuant to any applicable provision of law including but not limited to agendas for regular meetings and other matters required to be posted pursuant to Section 54954.2 (a), 54956, and 54956.5 of the Government Code of the State of California, or any successor provisions thereto. 1.04. Cancellation. Any meeting of the Authority may be canceled in advance by a majority vote of the Governing Board. The Chair may cancel a meeting when a majority of members have confirmed in writing to the Secretary their unavailability to attend such meeting. 1.05. Chair. The Mayor of the City of Anaheim shall preside over all Authority meetings. In his/her absence, the Mayor Pro Tempore of the City of Anaheim shall serve as presiding officer. In the absence of both the Mayor and Mayor Pro Tempore, the remaining members of the Governing Board in attendance shall elect a temporary Chair to preside at such meeting. The term "member" as used herein shall include the Chair. 1.06. Attendance and Participation By the Public. Except as specifically provided by law for closed sessions, all meetings of the Governing Board shall be open and public. All persons desiring to attend shall bc permitted to attend any such public meeting. Every agenda for regular meetings of the Governing Board shall provide an opportunity for members of the public to directly address thc Board on items of interest to thc public that are within the subject matter jurisdiction of the Governing Board or on any agenda items. No resident or property owner within the City of Anaheim shall be denied thc right to be heard by the Governing Board. Unless otherwise extended by the Governing Board, the amount of time for each individual speaker shall not exceed three (3) minutes. When more than three speakers desire to speak on the same subject, the Governing Board may impose a total time limit on the public comments on such subject and/or may restrict each individual speaker on such subject to less than three (3) minutes. Video presentations or other use of electronic or audio-visual equipment by a speaker shall be prohibited provided, however, nothing contained herein shall prohibit a speaker from presenting printed materials (including photographs, diagrams or other visual depictions) to the Governing Board during such speaker' s public comments. The limitations contained in this Section 1.06 shall not apply to testimony given during any hearing required by law which hearing shall be governed by the provisions of Section 4 hereof. 1.07. Disruption of Meetings. Any person who makes disruptive remarks, or engages in any conduct which disrupts, disturbs or impedes the orderly conduct of any Authority meeting, shall, at the discretion of the presiding officer or a majority of the Governing Board, be barred from further addressing the Authority during that meeting and/or removed from the meeting room. In the event any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of the meeting unfeasible and order cannot be restored by removal of the offending individual or individuals, the Governing Board may, by motion duly adopted, order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered during such session. Representatives of the press, unless participants in the disturbance, shall be allowed to attend such session, and nothing shall prohibit the Governing Board from readmitting individuals not responsible for the disturbance. SECTION 2. REGULAR MEETING AGENDA 2.01 Order of Business. The business of the Authority, at its regular meetings, shall be conducted in accordance with the following order unless (i) otherwise directed by the Chair without express objection by any member of the Governing Board, or (ii) approved by a 2/3 vote of the Governing Board: A. Call to order B. Additions or deletions to closed session agenda (if any) C. Public comments on closed session items (if any) D. Closed session (if any items) E. Recess for convening meetings of other agencies F. Reconvene Authority meeting G. Additions or deletions to the public agenda (if any) H. Public comments (except on public hearing items) I. Consent calendar J. Other departmental business (if any) K. Public hearings (if any) L. Report on closed session actions (if required) M. Adjournment 3. RULES OF ORDER Except as may be otherwise required or provided by law, business shall be brought before the Governing Board of the Authority in accordance with the following rules of order. 3.01. Obtaining the Floor. Any member of the Board wishing to speak must first obtain the floor by being recognized by the Chair. The Chair must recognize any Board member who seeks the floor when appropriately entitled to do so. 3.02. Motions. The Chair or any member of the Board may bring a matter of business before the Board by making a motion or offering a resolution or ordinance for adoption, as otherwise permitted by law. Before a motion can be considered or debated, it must be seconded. Resolutions and ordinances do not require a second. Once the motion has been properly made and seconded, or the resolution or ordinance offered for adoption, the chair shall open the matter for debate offering the first opportunity to debate to the moving or offering Board member and, thereafter, to any Board member properly recognized by the Chair. Once the matter has been fully debated and the Chair calls for a vote, no further debate will be allowed, provided, however, Board members shall be allowed to explain their votes. 3.03. Nominations and Elections. Appointments by the Board to fill vacancies on any board or commission to which the Board has the power to appoint one or more members and the election of any committees of less than a quorum of the Board shall be conducted by an election of the Governing Board. Any Board member may make a nomination. Nominations do not require a second. Nominations shall be closed by a motion adopted by majority vote. Nominations are voted on in the order made. Voting on nominees shall be by roll call voice vote or by electronic display device. The person receiving the highest number of affirmative votes constituting at least a majority of the total membership of the Governing Board is elected. Abstentions shall not be counted as affirmative votes. 3.04. Voting. If voting is by voice vote, the Chair shall declare the result and note for the record all "aye" votes and all "no" votes. The Board may also vote by roll call vote or visual display. Regardless of the manner of voting, the results reflecting all "ayes" and "noes" must be clearly set forth for the record. .010 Failure of Action Due to Tie Vote. A tie vote results in the failure of the motion, resolution or ordinance. Only those members present at the meeting are permitted to vote. Votes cast at previous meetings are not counted. Proxy voting is not permitted. .020 Procedure Following Tie Votes and Other Failed Actions. In the event of a tie vote upon any motion, resolution or ordinance, or in the event a motion, resolution or ordinance fails to receive the minimum number of affirmative votes legally required for adoption, and no other action is taken at the same meeting with regard to such subject matter, the following rules shall apply with regard thereto: .01 If such failure of action is the result of the absence of one or more members who would otherwise have been legally qualified to vote on such matter and which vote(s) could have resulted in the adoption of the motion, resolution or ordinance, the matter shall be deemed automatically continued by operation of law to the next regular meeting for further consideration. .02 If such failure of action is the result of an abstention by one or more members (whether legally required or otherwise), such failure of action shall be deemed a denial of the matter, request or application by operation of law. .03 Any action by operation of law pursuant to subparagraph .02 above shall be deemed a final decision for all purposes as of the date of the vote which results in such failure of action by the Governing Board except that any action pursuant to either subparagraph .01 or .02 above shall be subject to rescission or reconsideration in the time and manner set forth in these rules. 3.05 Abstentions. All Board members present at a meeting when a question is called for a vote should vote for or against the question unless he/she has a reason to abstain from voting. A Board member shall abstain from participation and voting if he/she (1) has a conflict of interest, (2) is biased or prejudiced with regard to any person or issue involved in a quasi-judicial proceeding, (3) has predetermined any of the issues involved in a quasi-judicial proceeding, or (4) has not heard or reviewed all of the testimony presented in a quasi-judicial proceeding. 3.06 Matter Not on the Agenda. No action shall be taken on any matter not appearing on the posted agenda except as otherwise authorized by law. 3.07 Procedural Rules of Order. Once the main question is properly placed on the floor, several subsidiary or privileged motion may be employed in addressing the main question. The term "main question" as used herein shall include any main motion properly made and seconded or any resolution or ordinance which has been offered for adoption and is properly on the floor. A motion is out of order while a higher ranking motion is on the floor. Motions are listed below in descending order of precedence. .010 Motions of Privilege, Order and Convenience. The following actions by the Governing Board are to insure orderly conduct of meeting and are for the convenience of the chair and Board members. These motions take precedence over any pending main question or subsidiary motion and arc listed in descending order of precedence. .01 Adjourn. Any Board member may move to adjourn at any time, even if there is business pending. The motion must be seconded to be considered and a majority vote is required for passage. The motion is not debatable. .02 Recess. Any Board member may move for a recess. The motion must be seconded to be considered and a majority vote is required for passage. The motion is not debatable. .03 Question of Privilege. Any Board member, at any time during the meeting, may make a request of the chair to accommodate the needs of the Governing Board or his/her personal needs for such things as reducing noise, adjusting air conditioning, ventilation, lighting, etc. Disposition of the request is ruled on by the Chair. The Chair may order the removal of disorderly persons from the meeting, or order the chambers cleared upon motion duly adopted by the Governing Board in accordance with the requirements of law (see Section 1.07 above). .04. Call for Orders of the Day. Any Board member may demand that the agenda be followed in the order stated therein. No second is required and the chair must comply unless the Governing Board, by 2/3 vote, sets aside the orders of the day. .05 Appeal. Should any Board member be dissatisfied with a ruling from the chair, he/she may move to appeal the ruling to the full Governing Board. The motion must be seconded to put it before the Governing Board. A majority vote in the negative or a tie vote sustains the ruling of the Chair. The motion is debatable and the Chair may participate in the debate. .06 Division of Question. Any Board member may move to divide the subject matter of a motion which is made up of several parts in order to vote separately on each part. The motion requires a second and a majority vote for passage. This motion may also be applied to complex ordinances or resolutions. The motion is not debatable. .07 Point of Order. Any Board member may require the Chair to enforce the rules of the Governing Board by raising a point of order. The point of order shall be ruled upon by the Chair. The motion is not debatable. .08. Suspend the Rules. Any Board member may move to suspend the rules if necessary to accomplish a matter that would otherwise violate the rules. The motion requires a second and a 2/3 vote is required for passage. The motion is not debatable. .09 Rescind. Except for votes regarding matters which are quasi-judicial in nature or matters which require a noticed public hearing, the Governing Board may rescind any prior action taken with reference to any legislative or administrative matter so long as the action to rescind complies with all the rules applicable to the initial adoption, including any special voting or notice requirements, or unless otherwise specified or prohibited by law. The motion is debatable. · 10 Reconsider. Except for votes regarding matters which are quasi- judicial in nature or matters which require a noticed public hearing, the Governing Board may reconsider any vote taken at the same meeting to correct inadvertent or precipitant errors, or consider new information not available at the time of the vote. The motion to reconsider must be made by a Board member who voted on the prevailing side, must be seconded and requires a majority vote for passage, regardless of the vote required to adopt the motion being reconsidered. If the motion to reconsider is successful, the matter to be reconsidered takes no special precedence over other pending matters and any special voting requirements related thereto still apply. Except pursuant to a motion to reconsider, once a matter has been determined and voted upon, the same matter cannot be brought up again at the same meeting. The motion is debatable. .020 Subsidiary Motions. Subsidiary motions take precedence over the main question, and, if properly made and seconded, must be disposed of before the main question can be acted upon. Even where the main question under consideration requires a super majority vote (e.g. 2/3 or 4/5) for adoption, a subsidiary motion, unless otherwise indicated herein, requires only a majority vote for adoption. The following motions are appropriate and may be made by the Chair or any Board member at any appropriate time during the discussion of the main question (except while a motion of privilege, order or convenience is properly under consideration). Subsidiary motions are listed below in descending order of precedence. .01 Lay on the Table. Any Board member may move to lay the question under discussion on the table. This motion temporarily suspends any further discussion of the pending question without setting a time certain to resume debate. It must be moved and seconded and passed by a majority vote. In order to bring the question back before the Governing Board, a member must move that the question be taken from the table, which motion must be seconded and passed by a majority vote. A motion to take from the table must be made at the same meeting at which the question was placed on the table otherwise the question that was tabled dies, although it can be raised as a new question at a subsequent meeting if properly placed on the meeting agenda. This motion cannot be made or adopted when the main question is a decision required by law within a time certain. This motion is not debatable. .02 Move Previous Question Any Board member may move to immediately bring the question being debated by the Governing Board to a vote, suspending any further debate. The motion must be made and seconded without interrupting one who already has the floor. A 2/3 vote is required for passage. This motion is not debatable. .03 Limit or Extend Limits of Debate. Subject to considerations of due process of law in quasi-judicial hearings, any Board member may move to put limits on the length of debate. The motion must be made and seconded and requires a 2/3 vote of the Governing Board to pass. This motion is not debatable. .04 Postpone or Continue to a Time Certain. Any Board member may move to postpone or continue the pending question to a time certain. This motion continues the pending main question to a future date as determined by the Governing Board at the time the motion is passed. The motion must be seconded to be considered and requires a majority vote for passage. This motion is debatable. .05 Refer to Committee or Commission. Any Board member may move that the question under consideration be referred to a committee, commission or board for further study. The motion must be seconded to be considered and requires a majority vote for passage. The motion may contain directions for the committee, commission or board as well as a date upon which the matter will be returned to the Governing Board's agenda. If no date is set for returning the item to the Authority agenda, any Board member may move, at any time, to require the item be returned to a future agenda or the Secretary may place the matter upon a future agenda upon the request of the committee, commission or board to which the matter was referred. The motion must be seconded to be considered and a majority vote is required for passage if the item is to come back at a future date certain, or in the manner required by law if the item is to be immediately discussed by the Governing Board at the time the motion to return is adopted (see Section 3.06 above). This motion ~s debatable. .06 Amend. Any Board member may amend the main question or any amendment made to the main question. Before the main question may be acted upon, all amendments and amendments to amendments must first be acted upon. Not more than two amendments are permitted to the main question. Amendments to amendments to amendments are not permitted. A motion to amend must be seconded to be considered and requires a majority vote for passage. An amendment must be related to the main question or amendment to which it is directed. Any substitute motion, or any amendment which substitutes a new question rather than amending the existing question, is out of order and may be so declared by the Chair. This motion is debatable. .07 Postpone Indefinitely. Unless a decision on the main question is required by law within a time certain, any Board member may move to postpone indefinitely the question on the floor, thus avoiding a direct vote on the pending question and suspending any further action on the matter. The question must be seconded to be considered and requires a majority vote for passage. Any question so postponed may be returned to a future agenda by the Authority staff or any Board member in the manner permitted or required by law. This motion is debatable. Section 4. PUBLIC HEARINGS Matters which are required to be heard at a noticed public hearing shall be conducted in the following manner unless otherwise required by law. 4.01 Time for Consideration. Matters noticed to be heard by the Governing Board shall commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and shall continue until the same has been completed or until other disposition of the matter has been made. 4.02 Continuance of Hearings. Any hearing being held or noticed or ordered to be held by the Governing Board at any meeting of the Board may, by order or notice of continuance, be continued or re-continued to any subsequent meeting in the manner provided herein for adjourned meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or notice of continuance was adopted or made. 4.03. Public Testimony at Hearings. .010 Order of Testimony. When a matter comes before the Governing Board for public hearing, the Chair shall first offer time for any staff presentation or reports and then open the public hearing. Upon opening the public hearing and before any motion is adopted related to the merits of the issue to be heard, the Chair shall inquire if there are any persons present who desire to speak on thc matter which is to be heard or to present evidence respecting the matter. Any person desiring to speak or present evidence shall make his/her presence known to the Chair. Evidence and testimony shall be received in the following order: (1) project applicant or issue initiator, or his or her representative, (2) proponents, (3) opponents, (4) rebuttal by applicant or initiator. .020 Recognition by Chair. Upon being recognized by the Chair, a person may speak or present evidence relevant to the matter being heard. No person may speak without first being recognized by the Chair. Members of the Governing Board who wish to ask questions of the speakers, or of each other, during the public hearing portion may do so but only after first being recognized by the Chair. The Chair shall conduct the meeting in such a manner as to afford due process. .030 Written or Graphic Evidence. All persons interested in the matter being heard by the Governing Board shall be entitled to submit written evidence or remarks, as well as other printed or graphic evidence. A copy of all such evidence presented shall be retained by the Secretary as part of the Secretary's record. Authority-owned or City-owned electronic or audio-visual equipment, if available, is provided as a convenience to the public during public hearings. No person shall present any video, Powerpoint*M, slides, or other electronic or audio-visual display requiring use of, or connection to, any Authority or City equipment unless the Secretary (City Clerk) is notified thereof not less than four hours in advance and such presentation is coordinated through the City Clerk. The Authority or City shall not be responsible for providing any equipment operators. The presenter assumes thc risk of any malfunction, failure or other unavailability of Authority or City equipment or software during any public hearing. Due to possible malfunction, failure or unavailability of equipment or compatible software, the presenter must be prepared to provide any graphic evidence to the Governing Board in printed form prior to closure of the public hearing if the presenter desires such evidence to be considered. Inability of any person to present evidence by electronic or audio-visual means for any reason shall not be deemed the denial of a fair hearing by the Governing Board nor adequate grounds for a rehearing on such matter. .040 Time Limits on Hearings. Time limits may be established by the Governing Board, limiting the duration of presentations as set forth in these rules. No person shall be permitted to speak about matters or present evidence not germane to the matter being considered. A determination of relevance shall be made by the Chair. but may be appealed as set forth in these rules. .050 Time Limits on Speakers. Individuals testifying at the public hearing do not have a right to unlimited time. The Governing Board, either at the beginning of the hearing, or pursuant to a motion to limit debate, may place time limits on speakers. If the public hearing involves a quasi-judicial matter, any time limits shall be of sufficient duration to afford all parties a reasonable opportunity to present evidence and testimony germane to the proceeding and otherwise afford due process of law. .060 Consideration of Question by Governing Board. After all members of the public desiring to speak upon the subject of the hearing have been given an opportunity to do so, the public hearing shall be closed by the Chair and the Governing Board may consider what disposition they wish to make of the question or questions presented at the hearing. No member of the public shall be allowed, without consent of the Chair, to speak further on the question during this period of deliberation, although the Board members may ask questions of the speakers or of the staff if so desired. .070 Rules of Order. Conduct of any public hearing shall be subject to the Rules of Order set forth in this Resolution except to the extent such rules conflict with any provision of this Section 4 or with any other express requirement of law with regard to the conduct of such hearing. Section 5. GENERAL 5.01. Authority of the Chair. Subject to appeal, the Chair shall have the authority to prevent the misuse of the legitimate form of motion, or the abuse of privilege or renewing certain motions to obstruct the business of the Governing Board by ruling such motions out of order. In so ruling, the Chair shall be courteous and fair and should presume that the moving party is making the motion in good faith. 5.02. Conflict Between These Rules and Any Laws. In the event of any conflict between the rules, procedures and other provisions specified in this resolution and any law or other requirement applicable to the conduct of any particular business or proceeding before the Governing Board, the provisions of any such law or other requirement shall supersede and take precedence over the conflicting provisions of this resolution. 5.03. Failure to Comply With Rules. The rules, procedures and other provisions specified in this resolution shall be deemed directory and not mandatory. Failure of the Governing Board to comply with any rule, procedure or other provision specified in this resolution shall not affect the validity of any action taken by the Governing Board nor be a basis for contesting the validity of any such action. THE FOREGOING RESOLUTION is approved and adopted by the Governing Board of thc Anaheim Housing Authority this 30th day of March 2004, by the following roll call vote: ' AYES: Chairman/Authority Members: Hernandez NOES: None Pringle, Chavez, Tait, McCracken, ABSENT: None ABSTAIN: None ATTEST: 52568.1