WS - D - Council Procedure Rules - DRAFT

to be finally passed, by reciting the following motion: "I move that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the second consideration and vote be waived, and that the ordinance be voted on for final passage at this time." Rule 32. Suspension of Rules. These rules or any part hereof, may be suspended for a specific purpose by a two-thirds majority of the Council. Rule 33. Public Hearings. Any other rule to the contrary notwithstanding, unless required by statute or necessary to conform to proceedings required for a special purpose, a public hearing shall commence when declared open by the Presiding Officer and shall close when closed by the Presiding Officer or by other formal action of the Council. Rule 34. Informal Requests. A Council Member, before or during the consideration of any matter, or in the course of a hearing, may request and receive information, explanations or the opinions of the City Manager, City Attorney, City Clerk or any City employee. Rule 35. Electronic Participation. Unless it has been determined that the Council meeting must be entirely electronic, Council Members are encouraged to be physically present for all Council meetings. However, it is the policy of this Council to secure electronic participation by absent Council Members whenever it is physically feasible where such participation is necessary or desirable because of statutory voting requirements or the importance of the subject matter to the public. Notwithstanding this policy, unless the meeting is entirely electronic, in accordance with Iowa Code section 21.8 as amended, a majority of Council Members must be physically present for all Council meetings. Council Members intending to participate electronically shall alert the City Clerk to their intent as soon as practical. Although it is not required, Council may permit members of the public to participate by electronic means. All pertinent rules herein apply to those participating remotely. Rule 36. Abstentions. Pursuant to Section 380.4 of the State Code, in the absence of a conflict of interest, a Council Member who abstains is included for purposes of determining whether a measure has passed. Legal significance or effect must be given to a Council Member's abstention when the abstention is not required by a conflict of interest in order to prevent frustration or abuse of the legislative process. So, in order to assure that a Council Member must vote "no" in order to defeat a measure and may not do so by inaction, an abstention for reasons other than a conflict of interest shall be deemed a vote with the majority or, in cases of a tie vote, a vote in the affirmative. For purposes of this rule, the statement of a Council Member that the Council Member declines to vote by reason of a conflict of interest is conclusive. Rule 37. Appointments to City Boards and Commissions. The following persons shall not be eligible for appointment to, or continued service on, City Boards and Commissions: 1. A Council Member's spouse, domestic partner or partner by cohabitation, children, step-children, children for whom the Council Member assumes parental responsibility, mother, father, son-in-law, daughter-in-law, mother-in-law, father-in- law, step-parent, brother, sister, step-sibling, half-sibling, brother-in-law, sister-in- law, grandparent and grandchildren, aunt, uncle, niece, nephew, first cousin, foster parent, foster child, persons who are parents of the same child, and persons with whom the employee is in an intimate relationship. 6