Item Coversheet

Ordinance

NO. 03-2016

A proposed Ordinance to amend the Battle Creek City Commission Rules of Procedure, Chapter 212.02(X) and (XVII) regarding public comment.

BATTLE CREEK, MICHIGAN - 3/9/2016

The City of Battle Creek Ordains:

 

Section 1. An ordinance to amend Chapter 212.02(X) and (XVII), "Rules of Procedure of the Commission," to consolidate public comment for consent agenda items and resolutions not included in the consent agenda and to revise the order of business, as is attached and made a part hereof.

 

Section 2. Should any section, clause or phrase of this Ordinance be declared to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared to be invalid.

 

Section 3. All ordinances or parts of ordinances, in conflict with any of the provisions of this Ordinance, are hereby repealed, saving any prosecution, criminal or administrative appeal pending on, or violation cited on or before the effective date of this ordinance, which shall remain subject to the ordinance provision existing at the time of the alleged violation.

 

Section 4. This Ordinance shall take effect ten (10) days from the date of its adoption, in accordance with the provisions of Section 4.3(B) of Chapter 4 of the City Charter.










I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of a Resolution adopted by the Battle Creek City Commission at a Regular meeting held on March 9, 2016.


Victoria Houser

Battle Creek City Commission
3/9/2016
Action Summary

Staff Member: Jill Humphreys Steele, City Attorney 
Department:City Attorney 
SUMMARY 
A proposed Ordinance to amend the Battle Creek City Commission Rules of Procedure, Chapter 212.02(X) and (XVII) regarding public comment.
BUDGETARY CONSIDERATIONS
There are none.

HISTORY, BACKGROUND and  DISCUSSION
The City Commission Ethics and Meeting Rules Committee met on February 9 and discussed whether to recommend additional revisions to the City Commission Meeting Rules with the goal of furthering the meeting procedure and flow as the business meeting that it is.
The committee voted to recommend a revision to the meeting rules in the ordinance to combine the public comment for the consent agenda items and the regular resolution items into one five-minute time period. This recommendation also includes revising the order of items in the agenda so that the combined public comment on consent agenda items and regular resolution items takes place prior to the vote on the consent agenda and prior to commission comment on meeting business. This would allow commissioners the opportunity to hear public comment on consent agenda items and perhaps ask, as a result of public comment, that a resolution be removed to the regular resolution portion. The consensus is that the five minute time period has proved adequate for citizens to offer their comment as most do not use the entire time period. In addition, very few comment on the consent agenda, so they do not anticipate that these changes will infringe upon public participation.  
The committee recommendation also included moving public hearings, ordinance introductions and ordinance adoptions so that they take place prior to public comment on the consent agenda and regular resolution items. They believed this would allow a better flow in that there would not be a disruption between the time of public comment on consent items and regular resolution items and the time that the regular resolutions are read by the clerk for deliberation and a vote. 

DISCUSSION OF THE ISSUE

POSITIONS
The City Commission Ethics and Meeting Rules Committee recommended and supports this proposed ordinance amendment.
ATTACHMENTS:
File NameDescription
Chapter_212_revisions_02.22.16.docxProposed ordinance revisions to 212.02(X) and (XVII) public comment 02.23.16