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16-21RESOLUTION NO. 16 -21 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AMENDING COUNCIL RULES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Charter §2.08 provides that a majority of council constitutes a quorum, however except under certain specific circumstances, no action is binding or valid unless adopted by the affirmative vote of the majority of all council members; and WHEREAS, from time to time a quorum of three may result in a 2 -1 vote the effect of which is not currently addressed in the council rules; and WHEREAS, the City Council desires to amend the Council Rules to address this issue; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Council Rules are hereby amended as follows: RULE 8 DEBATE OF MOTIONS, TIE VOTES Council may discuss an agenda item after a motion being made. Such discussion may be interactive between the Councilmembers and may be ended at any time by a motion to call the question. Otherwise, any member of the Council making a motion shall address the Chair and await recognition before speaking. The person making the motion is entitled to the floor first for debate. No one is entitled to the floor a second time on the same motion as long as any other member who has not spoken on the issue desires the floor. The Chair must recognize any person who seeks the floor while entitled to it. When a motion is made and seconded, it shall be stated by the Chair, if necessary, before any debate shall be in order. All questions shall be stated and put by the Chair, and the Chair shall declare all votes. Motions and any amendments can be withdrawn or modified by the maker at any time prior to the Chair stating the question on the motion; after that time, the permission of the Council majority must be obtained. The Chair cannot close debate as long as any member who has not exhausted his right to debate desires the floor, unless a vote to call the question passes. Charter § 2.08 provides that except in certain circumstances "... no action shall be valid or binding unless adopted by the affirmative vote of the majority of all council members." Therefore a A tie vote or a 2 -1 vote shall constitute a continuance of the item to the next regularly scheduled meeting, but upon a tie vote or a 2 -1 vote on the Resolution No. 16 -21 same item at the next meeting, the item shall not be rescheduled except upon the request of the City Manager, the City Attorney, or a Councilmember. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 1 7 day of Approved as to form: UkL4'I Pamela K. Akin City Attorney Au t , 2016. --Ct Df\el\cee .kos George N. Cretekos Mayor Attest: Li-zg-- LaA Rosemarie Call City Clerk 2 Resolution No. 16 -21