Rules and Reports Committee — Portland, ME
Date: 2019-05-20
Time: 15:00

Ethan K. Strimling, Mayor (Chair)
Nicholas M. Mavodones, At­Large City Councilor
Kimberly Cook, District 5 City Councilor




 Rules and Reports Committee

 Monday, May 20, 2019
 TIME 3:00 P.M
 LOCATION : City Hall Room 209

 AGENDA

1. Call to Order


2. Approval of minutes of previous meeting


 a. Approval of the March 18, 2019 Minutes
3. Public Comment on Council Rules


4. Council Rules


 a. Discuss Rules of Procedures for 2018­2019

5. Follow up discussion on new referencing rule


 Potential Executive Session to discuss the City Clerk, Corporation Counsel
6.
 and City Manager's evaluation pursuant to 1 M.R.S Section 405(6)(A)


7. Adjourn

Ethan K. Strimling, Mayor (Chair)
Nicholas M. Mavodones, At­Large City Councilor
Kimberly Cook, District 5 City Councilor




 Rules and Reports Committee

 Monday, May 20, 2019
 TIME 3:00 P.M
 LOCATION : City Hall Room 209

 AGENDA

1. Call to Order


2. Approval of minutes of previous meeting


 a. Approval of the March 18, 2019 Minutes
3. Public Comment on Council Rules


4. Council Rules


 a. Discuss Rules of Procedures for 2018­2019

5. Follow up discussion on new referencing rule


 Potential Executive Session to discuss the City Clerk, Corporation Counsel
6.
 and City Manager's evaluation pursuant to 1 M.R.S Section 405(6)(A)


7. Adjourn
Ethan K. Strimling, Mayor (Chair)
Nicholas M. Mavodones, At­Large City Councilor
Kimberly Cook, District 5 City Councilor




 Rules and Reports Committee

 Monday, March 18, 2019
 TIME 3:30 PM
 LOCATION CITY HALL ROOM 209

 MINUTES

1. Call to Order
 Mayor Strimling called the meeting to order at 3:40 P.M. (Councilor Mavodones,
 Councilor Cook, Danielle West‐Chuhta, Corporation Counsel, and Katherine Jones,
 City Clerk were present. There were no members from the public.

2. Public Comment on Council Rules


3. Council Rules
 a. Discuss Reference process and information needs
 The Rules Committee discussed the following process for referrals and will
 continue discussion at a further date:

 Mayor and City Manager decide at the Agenda meeting what referral
 items should go to which committee.

 The Committees will review all Orders, Amendments, and Budget items
 over $50,000. prior to coming to the City Council.

 The referral items will be listed on the agenda as Referral Items.

 The whole City Council will vote to send them to the committee or
 could take one referral off the referral list with a 2/3vote and brought
 before the Council for it's standard one read or two read, by‐passing the
 Committee.

 The details will be worked out at the next Rules Committee meeting.
 b. Discuss any other permissions of rules and information needs



 Discuss Annual Evaluation process for City Clerk, Corporation Counsel
4.
 and City Manager
 Mayor Strimling is going to see what people had available for the next meeting by
 doodle calendar. The purpose will be to discuss the evaluation process for the City
 Clerk, Corporation Counsel and City Manager.



 Potential Executive Session to discuss the City Clerk, Corporation
5. Counsel and City Manager's evaluation pursuant to 1 M.R.S Section
 405(6)(A)


6. Adjourn
 Motion was made by Councilor Cook and seconded by Councilor Mavodones to
 adjourn. Passage 5:20 P.M.




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.
 DRAFT
 RULES OF PROCEDURE OF THE CITY COUNCIL
 As Amended ​December 3, 2018


 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.

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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
 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



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 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.”
 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 separate days, except when
the requirement of reading on two 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

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

 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.

 B. Items for the Agenda should to the maximum extent
possible be received in the office of the City Manager on or
before​ the​ 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, order in the amount of $50,000 or more, or
a budget order, such item shall be first referred and reviewed
by a Committee before it appears on the Agenda. The Committee
assigned to review a referral item shall be agreed to by the
City Manager and Mayor. If the City Manager and Mayor disagree
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on which Committee to refer the item to, the item shall appear
on the Council agenda for a formal vote to refer the item as per
Rule 29. All licenses, proclamations, resolutions, festival
orders, grant approvals, communications, and grant
approvals/appropriations shall appear on the Agenda without the
need for the aforementioned prior referral to a Committee.

 Rule 13.​ Sponsorship.

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

A. The Mayor shall 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
 shall sponsor any orders or other 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.

 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



 5
 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
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

 6
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
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.



 7
 Rule 22.​ ​Manner of Speaking

 When a member is about to speak at a 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.

A. Any member abstaining on grounds of interest or the
 appearance of interest must do so at the commencement of

 8
 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 can make a motion for referral of any 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.



 9
 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, such
public comment shall occur at the advertised public hearing or
at the second reading of such item by the Council, where the
item requires a second reading on a separate date.

 3. Persons wishing to address the Council on an item which
appears on the agenda, 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 agenda shall only do so at the 6:00 p.m. public
comment period reserved on the Council agenda for non-agenda
items.

 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




 10
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 item prior to
start of deliberation on such item by the Council shall be
permitted to speak only once on an item, and shall limit their
remarks on each 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 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.

 Rule 33.​ ​Parliamentary Proceedings

 In all cases where the parliamentary proceedings are not
determined by the foregoing rules, "Robert's Rules of Order"



 11
(Newly Revised, 11​th​ 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 to the following standing Committees, each Committee,
except the Economic Development Committee, which shall have four
(4) members, 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.

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
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
 12
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.

 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
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


 13
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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