RESOLUTION
REGARDING RULES OF PROCEDURE
FOR THE POCAHONTAS
COUNTY COMMISSION
BE IT RESOLVED, that the Pocahontas County
Commission has determined that it requires some expansion of the Rules of
Procedure governing meetings of the Pocahontas County Commission; and,
WHEREAS,
on the 1st of January, 2013, the then elected and serving
members of the Pocahontas County Commission adopted a simplified voting
procedure whereby the then Pocahontas County Commission adopted “… Roberts
Rules of Order for small groups, to require a motion without a second and no
final vote required for approval or passage, with each Commissioner having the
authority to object, and noting that two objections (quorum) will cause a
motion to fail.”; and
WHEREAS,
the Pocahontas County Commission has determined that such voting procedure should
be amended to delete the reference to Roberts Rules of Order, and to expand the
rules to deal with specific and necessary issues that arise during the course
of a Commission meeting; and
WHEREAS, generally, in a meeting of a
deliberative assembly (such as the Pocahontas County Commission), business is
conducted using a former procedure of motion, debate and vote. However, in most issues before the
Commission, action may be taken by unanimous consent. The procedure of asking for unanimous consent
is used to expedite business by eliminating the need for formal votes on
routine questions in which the existence of a consensus is likely. The principle behind it is that procedural
safeguards designed to protect a minority can be waived when there is no
minority to protect; and
WHEREAS,
the Pocahontas County Commission has operated under the doctrine of
unanimous consent since January 1, 2013.
However, the simple adoption of unanimous consent is insufficient and
additional rules of procedure are necessary.
NOW,
THEREFORE, BE IT RESOLVED by the Pocahontas County Commission that the
following rules shall apply at all meetings of the Pocahontas County Commission
from and after the adoption of this resolution:
SPECIFIC RULES
1.
Purpose
of Motion: To adjourn.
Form of Motion: “I move to adjourn.”
May it Interrupt Business on the Floor: No.
Need for Second: Yes.
Subject to Discussion: No.
May it be Amended: No.
Vote Necessary: Yes.
2.
Purpose
of Motion: To
recess.
Form
of Motion: “I
move to recess for . . .”
May
it Interrupt Business on the Floor: No.
Need
for Second: Yes.
Subject
to Discussion: No.
May
it be Amended: Yes.
Vote
Necessary: Yes.
3.
Purpose
of Motion: To
register a complaint or to ask a question.
Form
of Motion: “I
have a complaint/question regarding . . .”
May
it Interrupt Business on the Floor: Yes.
Need
for Second: No.
Subject
to Discussion: No.
May
it be Amended: No.
Vote
Necessary: No.
4.
Purpose
of Motion: To
follow the agenda if business is interrupted.
Form
of Motion: “I
move to follow the agenda.”
May
it Interrupt the Business on Floor: Yes.
Need
for Second: No.
Subject
to Discussion: No.
May
it be Amended: No.
Vote
Necessary: No.
5.
Purpose
of Motion: To
close discussion.
Form
of Motion: “I
move to close discussion.”
May
it Interrupt Business on the Floor: No.
Need
for Second: Yes.
Subject
to Discussion: No.
May
it be Amended: No.
Vote
Necessary: Yes.
6.
Purpose
of Motion: To
limit or extend discussion.
Form
of Motion: “I
move that discussion be limited/extended to. . .”
May
it Interrupt Business on the Floor: No.
Need
for Second: Yes.
Subject
to Discussion: No.
May
it be Amended: Yes.
Vote
Necessary: Yes.
7.
Purpose
of Motion: To
postpone to a certain time.
Form
of Motion: “I
move to postpose the matter to . . .”
May
it Interrupt Business on the Floor: No.
Need
for Second: Yes.
Subject
to Discussion: Yes.
May
it be Amended: Yes.
Vote
Necessary: Yes.
8.
Purpose
of Motion: Refer
to a committee.
Form
of Motion: “I
move to refer the issue to . . .”
May
it Interrupt Business on the Floor: No.
Need
for Second: Yes.
Subject
to Discussion: Yes.
May
it be Amended: Yes.
Vote
Necessary: Yes.
9.
Purpose
of Motion: To
amend. For amendment both the persons making the original motion and the
second must consent to the
proposed amendment prior to the vote.
Form
of Motion: “I
move to amend the motion by . . .”
May
it Interrupt Business on the Floor: No.
Need
for Second: Yes.
Subject
to Discussion: No.
May
it be Amended: Yes.
Vote
Necessary: Yes.
10.
Purpose
of Motion: To
“kill” the motion.
Form
of Motion: “I
move that the motion be postponed indefinitely.”
May
it Interrupt Business on the Floor: No.
Need
for Second: Yes.
Subject
to Discussion: Yes.
May
it be Amended: No.
Vote
Necessary: Yes.
11.
Purpose
of Motion: To
change the agenda.
Form
of Motion: “I
move that the agenda be changed as follows . . .”
May
it Interrupt Business on the Floor: No.
Need
for Second: Yes.
Subject
to Discussion: Yes.
May
it be Amended: Yes.
Vote
Necessary: Yes.
12.
Purpose
of Motion: To
enforce the rules.
Form
of Motion; “I
move to enforce the rules.”
May
it Interrupt Business on the Floor: Yes.
Need
for Second: No.
Subject
to Discussion: No.
May
it be Amended: No.
Vote
Necessary: No.
13.
Purpose
of Motion: To override the chair.
Form
of Motion: “I
appeal from the decision of the chair”
May
it Interrupt Business on the Floor: Yes.
Need
for Second: Yes.
Subject
to Discussion: Yes.
May
it be Amended: No.
Vote
Necessary: Yes.
14.
Purpose
of Motion: To
suspend the rules.
Form
of Motion: “I
move to suspend the rules.”
May
it Interrupt Business on the Floor: No.
Need
for Second: Yes.
Subject
to Discussion: No.
May
it be Amended: No.
Vote
Necessary: Yes.
15.
Purpose
of Motion: Objection.
Form
of Motion: “I
object to the consideration of the question.”
May
it Interrupt Business on the Floor: Yes.
Need
for Second: No.
Subject
to Discussion: No.
May
it be Amended: No.
Vote
Necessary: Yes.
16.
Purpose
of Motion: Question
of law.
Form
of Motion: “I
have a legal question for our counsel.”
May
it Interrupt Business on the Floor: Yes.
Need
for Second: Yes.
Subject
to Discussion: No.
May
it be Amended: No.
Vote
Necessary: No.
17.
Purpose
of Motion: Request
for information.
Form
of Motion: “Point
of information.”
May
it Interrupt Business on the Floor: Yes.
Need
for Second: No.
Subject
to Discussion: No.
May
it be Amended: No.
Vote
Necessary: No.
18.
Purpose
of Motion: To
table a motion.
Form
of Motion: “I
move to table . . .”
May
it Interrupt Business on the Floor: Yes.
Need
for Second: Yes.
Subject
to Discussion: Yes.
May
it be Amended:
No.
Vote
Necessary: Yes.
19.
Purpose
of Motion: To
rescind prior action.
Form
of Motion: “I
move to rescind . . .
May
it Interrupt Business on the Floor: No.
Need
for Second: Yes.
Subject
to Discussion: Yes.
May
it be Amended: Yes.
Vote
Necessary: Yes.
20.
Purpose
of Motion: To
reconsider.
Form
of Motion: “I
move to reconsider . . . “
May
it Interrupt Business on the Floor: No.
Need
for Second: Yes.
Subject
to Discussion: Yes.
May
it be Amended: No.
Vote
Necessary: Yes.
21.
Purpose
of Motion: To
read by title only.
Form
of Motion: “I
move to read by title only.”
May
it interrupt Business on the Floor: Yes.
Need
for a Second:
Yes.
Subject
to Discussion:
No.
May
it be Amended:
No.
Vote
Necessary:
Yes.
22.
Purpose
of Motion:
To Amend a Pending Motion.
Form
of Motion:
“I move to amend the motion by . . .”
May
it Interrupt Business on the Floor: Yes.
Need
for a Second:
Yes, plus the person who seconded the original motion must agree to withdraw the second.
Subject
to Discussion:
Yes.
May
it be Amended:
Further Amended, yes.
Vote
Necessary:
Yes.
The foregoing listing of motions are
for example. All regular business shall
be accompanied by simple motions such as: “I move to pay invoices,” and the
like. Motions that fail to obtain a
second, fail for lack of a second.
Discussion of any issue should never precede the motion or the second
and should commence only after the President of the Commission calls for
discussion. No member of the public
should engage in this discussion as this is for the Commissioners to discuss
amongst themselves in order to prepare to vote.
GENERAL RULES
1. A quorum shall consist of two (2) Commissioners
in order to conduct business;
2. In the event that only two (2) Commissioners
are in attendance, a split vote on any issue causes the mater to fail; in the
event of the absence of the President, the commissioner who has served longer between the Commissioners in attendance,
shall serve as temporary President;
3. An agenda for all meetings of the
Commission shall be prepared and posted in compliance with the Open Meetings
Act and all applicable ethics rules regarding content and publication;
4. All meetings shall be open to the
public and conducted in compliance with these rules, the Open Meetings Act and
all applicable ethics rules; all votes shall be cast in open sessions;
5. Executive sessions are permitted
for only those items/issues set forth in the Open Meeting Act and all
applicable ethics rules and legal authority;
6. Any member of the public wishing to
address the Commission on any appropriate matter must sign on the “hear
callers” sheet and state the issue upon which the person wishes to address
prior to the start of the meeting; the agenda shall have a reserved time slot
for “hear callers” and the President shall recognize each speaker; the
President may recognize any speaker during “hear callers” or in the discretion
of the President, the President may defer and allow such person to speak at a
later time on a specific agenda item;
7. The President may in the discretion
of the President, limit both the number of speakers on any issue and the length
of time speakers may address the Commission;
8. Any and all comments made by the
public must be addressed to the Commission and not to any other person; members
of the audience shall not speak at any time unless recognized to speak by the
President and shall not question nor engage persons addressing the Commission;
9. Any person willfully disrupting or
molesting the orderly and peaceful process of the County Commission may be
charged under W.V. Code, § 61-6-19, and shall be removed from the meeting of
the County Commission, and subject to fine and imprisonment. However, any assembly in a peaceable, lawful
and orderly manner for a redress of grievances does not violate this rule nor
W.V. Code, § 61-6-19;
10. Any motion, order or resolution
passed or adopted by the Commission may be thereafter signed by the President
of the Commission regardless of whether or not such motion, order or resolution
specifically provides for such execution.
The President is authorized by the passage or adoption of any motion,
order or resolution to execute any and all documents necessary to effect the
purposes of such motion, order or resolution;
11. Nominations for any position
appointed by the Commission may be made by any citizen of Pocahontas County and
does not require a separate nomination by any Commissioner. Nominations and appointments shall be by
acclamation unless one Commissioner shall object and, in such event, such
appointment shall be by majority of both remaining Commissioners acknowledging
in the affirmative.
Accordingly, the Pocahontas County
Commission has determined that it does not and should not be bound by the intricacies
and antiquities of Roberts Rules of Order.
However, the Commission desires
to have a
more simple and understandable set of rules which the public can easily
understand, and in order for the public to easily follow the procedures before
the Commission and to expedite the business of the County. THEREFORE, the Pocahontas County
Commission does hereby adopt the foregoing
simplified
Rules of Procedure, this the ______ day of _____________________, 2019, upon
the affirmative vote of the now elected and serving members of the Pocahontas
County Commission.
_______________________________________
DAVID
MCLAUGHLIN, PRESIDENT
_______________________________________
JESSE
A. GROSECLOSE, COMMISSIONER
_______________________________________
WALT
HELMICK, COMMISSIONER
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