Rules and Reports Committee — Portland, ME
Date: 2020-01-27
Time: 16:00

Nicholas M. Mavodones, At­Large City Councilor(Chair)
Kate M. Snyder, Mayor
Kimberly Cook, District 5 City Councilor




 Rules and Reports Committee

 Monday, January 27, 2020
 TIME 4:00 P.M
 LOCATION: ROOM 209

 AGENDA

1. Call to Order


2. APPROVAL OF MINUTES OF PREVIOUS MEETING:
 Approval of the January 3, 2020 Draft Rules and Reports Committee
 meeting.

 a. Approval of the Draft Rules and Report Committee meeting minutes
 Review Draft Council Rules, Discuss Possible Changes and Final Vote to
3.
 recommend to the City Council.


 a. Draft 2020 City Council Rules

 Discussion of City Clerk, City Manager and Corporation Counsel
4.
 Evaluation Process


 a. Potential Executive Session to discuss the City Clerk, Corporation
 Counsel and City Manager's evaluations pursuant to 1 M.R.S Section
 405(6)(A)
5. Determine Date/Time of Next Meeting and Adjourn
City of Portland Commissions are not required to take public comment under FOAA and our Ordinance is
 silent regarding the duties of the Commission. The Commission has the discretion to not allow or allow
public comment during its meetings, including the authority to limit the duration of comments. Since the
 Commission makes recommendations to the City Council, public comment is available at that level.

Nicholas M. Mavodones, At­Large City Councilor(Chair)
Kate M. Snyder, Mayor
Kimberly Cook, District 5 City Councilor




 Rules and Reports Committee

 Monday, January 27, 2020
 TIME 4:00 P.M
 LOCATION: ROOM 209

 AGENDA

1. Call to Order


2. APPROVAL OF MINUTES OF PREVIOUS MEETING:
 Approval of the January 3, 2020 Draft Rules and Reports Committee
 meeting.

 a. Approval of the Draft Rules and Report Committee meeting minutes
 Review Draft Council Rules, Discuss Possible Changes and Final Vote to
3.
 recommend to the City Council.


 a. Draft 2020 City Council Rules

 Discussion of City Clerk, City Manager and Corporation Counsel
4.
 Evaluation Process


 a. Potential Executive Session to discuss the City Clerk, Corporation
 Counsel and City Manager's evaluations pursuant to 1 M.R.S Section
 405(6)(A)
5. Determine Date/Time of Next Meeting and Adjourn
City of Portland Commissions are not required to take public comment under FOAA and our Ordinance is
 silent regarding the duties of the Commission. The Commission has the discretion to not allow or allow
public comment during its meetings, including the authority to limit the duration of comments. Since the
 Commission makes recommendations to the City Council, public comment is available at that level.
Nicholas M. Mavodones, At-Large City Councilor(Chair)
Kate M. Snyder, Mayor
Kimberly Cook, District 5 City Councilor




 Rules and Reports Committee
 Friday, January 3, 2020
 TIME : 10:30 A.M
 LOCATION: ROOM 209
 MINUTES
 Call to
1.
 Order
 Councilor Mavodones, Chair of the Rule and Reports Committee called the meeting to
 order at 10:35. (Councilor Cook, Mayor Snyder, Corporation Counsel, Danielle West-
 Chuhta, City Clerk, Katherine Jones, Human Resources Director, Gina Tapp and Member
 of the Public, George Rheault were present.)

 Councilor Mavodones asked Human Resource Director, Gina Tapp, to give an overview of
 the evaluation process for the City Manager, Corporation Counsel and the City Clerk.
 Gina stated that she would get packets to the new committee members. Gina stated that
 the Council would have their packets for the next Rules and Report meeting, January 27,
 2020.
 Councilor Cook asked Gina Tapp for a memo laying out the timeline for the evaluation
 process to the full council to invite feedback.

 At the January 27, 2020 at 4:00 P.M. the agenda will have the appropriate citation for an
 Executive Session.

2. Approval of minutes of previous meeting


3. Public Comment on Council Rules
 Member of the public George Rheault spoke on Rule #32- rules on decorum. Geroge
 also asked for something to be put in the rules regarding the sale of City Owned
 Property having a more exclusive process.
 a. Approval of May 20, 2019 Minutes
 Motion was made by Councilor Cook and seconded by Councilor Snyder to
 approve the minutes of May 20, 2019. Passage 3-0.

4. Review of Council Rules


 a. Rules of Procedures 2019-2020
 Councilor Maovodones asked if the Committee wanted to go through the rules one at a
 time, or did the Committee just want to point out changes that they would like to
 make. They decided to go rule by rule.

 Rule 22. adding after the word a " regular" and deleting the word "council".
 Rule 29 adding after the word item "before the Council".


 Mayor Snyder will discuss with City Manager sections of Rule 32;

 Section (4). Persons wishing to address the City Council on any non-agenda item.
 Moving this to the end of the regular or special city council meeting and possibly having
 public comment only once a month, having the Mayor and City Manager pick which
 meeting by the number of articles on the agenda. Limiting public comment to items
 not on the Agenda or on Council Committee agendas.
 8. Persons addressing the Council limited to three minutes, unless the individual needs
 an interpreter allowing them more time.

 Rule 34. Council Committees
 Councilor Cook asked that we add another committee -Re-Code Ad Hoc committee.
 We will then have to revise the vote on the order.


5. Adjourn
 Motion was made by Councilor Cook and seconded by Mayor Snyder to adjourn.
 Passage 3-0, 12:30 P.M.

 A TRUE RECORD
 _______________________________
 Katherine L. Jones, City Clerk.
 RULES OF PROCEDURE OF THE CITY COUNCIL
 As Amended February 19December 32, 20182020


 Rule 1. Regular Meetings and Council Workshop Sessions


A. The regular meetings of the Council shall be held in the
 room known as the City Council Chamber or such other room
 as deemed appropriate in City Hall in one session at 5:30
 p.m. on the first and third Mondays of each calendar month.
 When said Monday is a holiday or an election day, the
 regular meeting shall be held on the following Wednesday,
 at the same time and place. The date or the time of any
 regular meeting may be changed by an order passed at a
 previous meeting of the Council or by warrant for a special
 meeting called in lieu of a regular meeting; provided
 however, that said change in date will still provide for
 two regular meetings in one month. Unless otherwise
 changed by an order passed at a preceding meeting or by the
 calling of a special meeting at a different time or place,
 for like purposes, the Council shall also regularly meet at
 12:00 noon on the first Monday of December of each year for
 the purpose of the inauguration of Portland City Council,
 the swearing in of Councilors-elect, filling Council
 committees, adopting rules and orders, and transacting such
 other business as it may deem appropriate. The public
 hearing of any item shall not commence after 10:00 p.m. of
 the day of said regular meeting unless five (5) members
 consent to such consideration. The Council deliberation
 and action on any item shall not commence after 10:00 p.m.
 of the day of said regular meeting unless five (5) members
 consent to such consideration.

B. With proper notice, workshop sessions of the City Council
 may be called by five (5) members of the City Council, the
 Mayor or the City Manager, as the case may be, for
 obtaining legal, administrative or policy guidance or for
 the presentation of information by the City Manager, the

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 City Clerk or Corporation Counsel or their staff. The City
 Council shall not take votes in workshop sessions; however,
 the Council may be polled at the workshop to obtain an
 unofficial sense of the position of the Council on an issue
 being discussed at the workshop. To the maximum extent
 possible, materials for such sessions shall be provided to
 the City Council at least two (2) business days prior to
 the scheduled workshop. All such workshop sessions shall
 be open to the public, in accordance with 1 M.R.S. §400 et
 seq. (“FOAA”).

 Rule 2. Quorum; Adjourned Meetings

 A majority of the members shall constitute a quorum for the
transaction of business, but a smaller number may adjourn from
time to time. At least twenty-four (24) hours’ notice of the
time and place of holding such adjourned meeting shall be given
to all members who are not present at the meeting from which
adjournment is taken.

 Rule 3. Enactments

 The Council shall act only by ordinance, order, or resolve.
Final passage of or amendments to any item shall require five
(5) affirmative votes except where a greater number is required
by Charter or Ordinance. All ordinances, orders, and resolves,
except orders and resolves making an appropriation of money,
shall be confined to one subject, which shall be clearly
expressed in the title. The appropriation order or resolve
shall be confined to the subject of appropriations only.

 Rule 4. Ordinance; Style

 All ordinances passed by the Council shall be termed
“amendments to the Portland City Code” and the enacting style
shall be: “Be it ordained by the City Council of the City of
Portland, Maine, in City Council assembled.”




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 Rule 5. Order and Resolve; Style

 In all votes of command, the form of expression shall be
"ordered"; and of opinions, principles, facts or purposes, the
form shall be "resolved".

 Rule 6. Readings

 The reading of any ordinance, order, or resolve shall be by
title of the ordinance, order or resolve only, if no member
objects.

 Rule 7. Reading on Two Separate Days; Waiver

 No ordinance, no appropriation resolve, and no order
authorizing the expenditure of $50,000.00 or more shall be
passed until it has been read on two (2) separate days, except
when the requirement of reading on two (2) separate days has
been dispensed with by a vote of seven (7) of the members.

 Rule 8. Yeas and Nays Taken; When

 The yeas and nays shall be taken upon the passage of all
ordinances and orders authorizing the expenditure of money in
the amount of $50,000.00 or more and entered upon the record of
the proceedings of the Council by the Clerk. The yeas and nays
shall be taken on the passage of an order or resolve when called
for by any member.

 Rule 9. Ordinances; Effective When

 No ordinance shall take effect until thirty (30) days after
its passage by the Council, except in the case of emergency
ordinances.

 Rule 10. Order, Resolve; Effective When

 No order or resolve shall take effect until ten (10) days
after its passage, except in the case of emergency orders and
resolves.




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 Rule 11. Emergency Ordinances, Orders and Resolves

 The Council may, by vote of seven (7) of its members, pass
emergency ordinances, orders, or resolves to take effect at the
time indicated therein, but such emergency ordinances, orders or
resolves shall contain a section in which the emergency is set
forth and defined, provided, however, that the declaration of
such emergency by the Council shall be conclusive.

 Rule 12. Item for Meetings; Filed When

 A. No ordinance, order, resolve, or other document shall
 be in order for action at any regular meeting of the
 Council unless such ordinance, order, resolve, or
 other document shall appear on the Council Agenda
 (hereinafter “Agenda”).

 B. Items for the Agenda should to the maximum extent
 possible be received in the office of the City Manager
 on or before close of the work day ten (10) days prior
 to the scheduled Council meeting.

 C. Each item for the Agenda shall be submitted with an
 electronic agenda request form. The form shall have a
 separate fiscal impact statement memo attached if the
 impact of the item is $50,000 or more in a given
 fiscal year. This memo shall include details and
 information describing the fiscal impact including,
 but not limited to, projected costs, revenues or
 savings over a three (3) year period and/or any
 potential impacts on the City tax levy.

 D. If a submitted item for the Agenda involves an
 ordinance amendment,  City Charter  amendment or
 revision, an order authorizing the expenditure of
 $50,000 or more, or a budget order, such item shall be
 first reviewed by a Council Committee before it
 appears on the Agenda. The Committee assigned to
 review a referral item shall be agreed to be the City
 Manager and the Mayor after taking into account, among

 4
 other things, the information in the submitted agenda
 request form. All items that are referred to a
 Committee through this process shall be communicated
 to the Council by including a written communication
 from the Mayor on the Agenda. If the City Manager and
 the Mayor disagree on which Committee to refer the
 item to, or on whether an item should first go to a
 Committee at all, the item in question shall appear on
 the Agenda for a formal vote to either suspend these
 rules to take up the item or refer the item as per
 Rule 29. All licenses, proclamations, resolutions,
 festival orders, grant approvals or appropriations,
 and communications shall appear on the Agenda without
 the need for the aforementioned referral to a
 Committee.

 Rule 13. Sponsorship.

 Items listed on the Council agenda shall be sponsored as
follows:

 A. The Mayor or any individual member of the Council
 mayshall sponsor any proclamations or resolutions; and

 B. The City Manager, City Clerk, Corporation Counsel, the
 Planning Board, or up to three (3) members of the
 Council mayshall sponsor any orders or other Agenda
 items.

 Rule 14. Presiding Officer to Chair Meetings

 The Presiding Officer shall take the chair at the time
appointed for the meeting, call the members to order, cause the
roll to be called, and, a quorum being present, cause the
minutes of the preceding meeting to be read and proceed to
business.




 5
 Rule 15. Preserve Order Decide All Questions of Order

 The Presiding Officer shall preserve decorum and order, may
speak to points of order in preference to other members, and
shall decide all questions of order subject to an appeal to the
Council by motion regularly seconded, and no other business
shall be in order until the question on appeal is decided.

 Rule 16. Declare Votes; Cause Return of Votes

 The Presiding Officer shall declare all votes, but if any
member doubts a vote, the Presiding Officer shall cause a return
of the members voting in the affirmative and in the negative;
without debate.

 Rule 17. Debate; Rules of

 When a question is under debate, the Presiding Officer
shall receive no motion but to adjourn, or for the previous
question, or to lay on the table, or to postpone to a date
certain, or to refer to a committee or some administrative
official, or to amend, or to postpone indefinitely; which
several motions shall have precedence in the order in which they
stand arranged.

 Rule 18. Motion to Adjourn; Lay on Table

 The Presiding Officer shall consider a motion to adjourn as
always in order except on immediate repetition; and that motion
and the motion to lay on the table, or to take from the table,
shall be decided without debate.

 Rule 19. Reconsideration

 When a vote is passed, it shall be in order for any member
who voted in the majority, or in the negative on a tie vote to
move a reconsideration thereof, at the time, or the next stated
meeting, but not afterwards, and when a motion of
reconsideration is decided, that vote shall not be reconsidered.
No motion to reconsider a vote passed at a previous meeting
shall be in order for consideration at the next stated meeting
unless an item to that effect is contained in the agenda for
 6
such next stated meeting or unless seven (7) of the members
consent to such reconsideration.

 A citizen petition, or zone change petition, once presented
to and finally acted upon by the Council shall not again be
received by the Council in the same or substantially the same
form for a period of one (1) year next succeeding the Council's
final action on the original petition. A member voting with the
majority on the original petition, however, shall be privileged
to reintroduce such a petition in accordance with the
requirements of this rule.

 A liquor license or special entertainment permit, or an
amendment proposed by the licensee to an existing license or
permit that has been denied by the Council shall not be received
by the Council in the same or substantially the same form for
one (1) year from the date of such action unless a shorter
period is required by state law.

 All other items, once presented to and finally acted upon
by the Council, shall not again be offered or received by the
Council in the same or substantially the same form within a
given Council year (i.e. December – December).

 Rule 20. Failure to Pass for Lack of Required Votes

 When an item fails to finally pass for lack of the required
five (5), or seven (7) affirmative votes, as applicable, and is
not otherwise disposed of, the item shall appear on the Agenda
as unfinished business at the next succeeding meeting.

 Rule 21. Motion for Previous Question

 Upon the motion for the previous question being made and
seconded, the Presiding Officer shall put the question in the
following form: “Shall the main question be now put?”. And all
debate upon the main question shall be suspended until the
motion for the previous question shall be decided. After the
adoption of said motion for the previous question by a majority
vote, the sense of the Council shall be forthwith taken upon all


 7
pending amendments and then upon the main question. Neither is
it susceptible of amendment. All questions of order arising
incidentally thereon must be decided without discussion whether
appeal be had from the Presiding Officer or not.

 Rule 22. Manner of Speaking

 When a member is about to speak at a regular or special
Council meeting, he or she shall rise in his or her place, if
physically able to do so, and respectfully address the Presiding
Officer, confine himself or herself to the question under
debate, and avoid personalities.

 Rule 23. Length of Statements by Members

 During the deliberation on any item and associated
amendments, each member shall limit his or her remarks and/or
questions, but not including responses to his or her questions,
to a total of ten (10) minutes. In the event that an item is
divided, each member shall be entitled to an additional five (5)
minutes of remarks and/or questions.

 Rule 24. Not to Interrupt

 No member speaking shall be interrupted by another, but by
a call to order by the Presiding Officer, a point of order by
any member or to correct a mistake.

 Rule 25. Breach of Rules and Orders

 When any member shall be guilty of a breach of any of the
rules or orders of the Council, that member may, on motion, be
required to make satisfaction therefor, and shall not be allowed
to vote, or speak, except by way of excuse, until he or she has
done so.

 Rule 26. Member Excused From Voting; When

 Every member present when a question is put shall vote
unless the member is precluded from participation therein
because of interest or the appearance of interest or unless she
or he is otherwise prohibited by law from participation.

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A. Any member abstaining on grounds of interest or the
 appearance of interest must do so at the commencement of
 deliberations on the item under discussion and shall not
 participate in said deliberations or vote on such item.

B. Any member abstaining as permitted hereunder shall clearly
 state such intent, the reason for such abstention and the
 legal or factual basis therefor prior to the commencement
 of deliberation on such item.

 Rule 27. Motion to be Reduced to Writing; When

 Any motion shall be reduced to writing if the Presiding
Officer shall so direct.

 Rule 28. Division of a Question

 Any member may move that a question be divided.

 Rule 29. Motion for Referral

 Any member of the Council maycan make a motion for referral
of an item before the Council to a Committee or administrative
official. A motion for referral to a Committee or
administrative official, until it is decided, shall preclude all
amendments of the main question.

 Rule 30. Priority of Business

 All questions relating to priority of business to be acted
upon shall be decided without debate.

 Rule 31. Suspension of Rules; Amendment or Repeal

 The rules shall not be dispensed with or suspended unless
two-thirds as of those present and voting consent thereto;
provided, however, that when these rules expressly require a
vote larger than said two-thirds such rules shall not be
suspended except by an equal or greater vote. No rule of
procedure shall be amended or repealed without notice, in
writing, being given at the preceding meeting.


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 Rule 32. Procedure for Addressing Council

 Any person wishing to address the Council will be given an
opportunity to do so in accordance with the following procedure:

 1. No public comment shall be permitted on the following
agenda items: informational reports or communications from
boards and commissions, staff or other organizations or
entities; and administrative action implementing prior action of
the Council where that prior action had permitted public
comment.

 2. On items other than those set forth in 1. above, public
comment shall be permitted only once prior to final Council
action. Except as specifically decided by the Council, sSuch
public comment shall occur at the advertised public hearing or
at the second reading of the such item by the Council, where the
item requires a second reading on a separate date. Public
comment shall occur at the first reading if the item in question
did not have a hearing before a Council standing committee,
involves a proposed ordinance or ordinance amendment, or is
previously or currently pending before the Planning Board.

 3. Persons wishing to address the Council on an item which
appears on the Aagenda, and upon which public comment is
permitted under 1. and 2. above, shall wait until the Clerk
announces the consideration of such item, at which time they may
address the Council on that particular item. However, once the
Council has begun its deliberations on an item, no person shall
be permitted to address the Council on such item.
 4. Persons wishing to address the Council on an item not
appearing on the Council or a standing committee agenda shall
only do so at the 6:00 p.m. public comment period reserved on
the Council Aagenda for non-agenda items. This comment period
shall always be scheduled to occur at the conclusion of all of
the Council’s regular business items including, but not limited
to, any item scheduled for a second reading and/or public
hearing.



 10
 5. Any person wishing to address the Council shall signify
such desire and, when recognized by the Presiding Officer, such
person shall give his or her name and address, and/or
organization or individual represented, if any, designate the
subject matter on which he or she desires to address the
Council, respectfully address only the Presiding Officer, and
avoid personalities.

 6. When any person or entity is being honored or
recognized by the Council, applause shall be permitted. In all
other matters, persons present at Council meetings shall not
interrupt, nor applaud or otherwise express approval or
disapproval of any statements made or actions taken at such
meeting.

 7. Any and all signs shall not be permitted in the
Council Chambers.

 8. Persons addressing the Council on an Agenda item must
do so prior to start of deliberation on such item by the
Council, shall be permitted to speak only once on an Agenda
item, and shall limit their remarks on each Agenda item or non-
agenda item to three (3) minutes. From time to time, the
Presiding Officer may grant an extension of this three (3)
minute requirement. Such persons shall also confine their
remarks to the merits of the pending Agenda item. No members of
the public shall comment on more than three (3) items, excluding
any comment provided pursuant to number 4 above, at any Council
meeting unless the Rules of the Council are suspended to allow
for comment on each such additional item.

 9. The Presiding Officer may limit or cut off any
commentary that is not germane or that is scurrilous, abusive,
or not in accord with good order and decorum.

 10. Any person who shall continue to violate these rules,
after warning by the Presiding Officer, may be ejected for the
remainder of the meeting then in progress.



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 Rule 33. Parliamentary Proceedings

 In all cases where the parliamentary proceedings are not
determined by the foregoing rules, "Robert's Rules of Order"
(Newly Revised, 11th Edition) shall be taken as authority to
decide the course of the proceedings.

 A list of debatable and non-debatable motions is hereby
incorporated for reference in Appendix A, attached hereto.

 Rule 34. Council Committees

 At the commencement of the municipal year members shall be
appointed by the Mayor to the following standing Committees,
each Committee to consist of three (3) members of Council,
except the Economic Development Committee, which shall have four
(4) voting members, and the Finance Committee, which shall have
four (4) members including the Mayor as an ex-officio member, to
consist of three (3) members of the Council:

 1. Economic Development Committee;

 2. Finance Committee;

 3. Health and Human Services and Public Safety
 Committee;

 4. Housing Committee;

 5. Legislative/Nominating Committee;

 6. Rules and Reports Committee; and

 7. Sustainability and Transportation Committee; and

 8. Recode Committee.

 A majority of the members of the above standing Committees
shall constitute a quorum for the transaction of business.

 Rule 36. Council Committees; How Chosen

 The members of the Council to serve on the above Committees
shall be appointed by the Mayor. The Council may override one

 12
or more of such appointments by a vote of at least six (6)
members.

 Rule 36. Council Committees; Public Comment

 The public will be given an opportunity to comment on any
item under consideration by the below-named standing Council
Committees prior to a final Committee action on that item. Any
person addressing the Committee on an item shall be permitted to
speak only once on an item, shall give his or her name and
address, and/or organization or individual represented, if any,
and shall limit their remarks on each item to three (3) minutes.
From time to time, the Presiding Officer of a Committee may
extend this period of time pursuant to Rule 31(8). These
requirements for public comment shall apply to the following
Committees:

 1. Economic Development Committee;

 2. Finance Committee;

 3. Health and Human Services and Public Safety
 Committee;

 4. Housing Committee;

 5. Legislative/Nominating Committee;

 6. Rules and Reports Committee; and

 7. Sustainability and Transportation Committee; and

 8. Recode Committee.

 Nothing herein shall prevent or prohibit any other
Committee from accepting public comment if said Committee
determines that it wishes to do so.

 Notwithstanding the foregoing, no public comment shall be
required on the following items: informational reports or
communications from boards and commissions, staff or other
organizations or entities; and administrative action


 13
implementing prior Committee action where that prior action had
permitted public comment.



 Rule 37. Smoking at Meetings

 No person shall smoke or vape in the Council Chamber or at
any public meeting in the Portland City Hall. Any person
continuing to smoke or vape after warning by the Presiding
Officer shall be ejected for the remainder of the meeting then
in progress.

 Rule 38. Confidentiality

 No Councilor shall intentionally disclose or discuss
information known to be confidential to or with any person not
otherwise authorized or privileged to receive that information,
including representatives of the media. For the purpose of this
rule, “information known to be confidential” includes
information in any form that has been designated, to the
knowledge of the Councilor, as confidential by an employee or
agent of the City of Portland, and that is within one or more of
the exceptions to the definition of “public record” in the
State’s Freedom of Access law.

 Confidential information includes statements made by
individuals participating in executive sessions and includes any
documents prepared specifically for an executive session, unless
otherwise designated by the City Council in cases where the
Council has the exclusive right to waive confidentiality.

 Any Councilor who, following a due process hearing, is
found to have violated this rule may be disciplined by
reprimand.




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