Clerk’s 101 A Council Meeting – From Prep to Approval of the Minutes
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Clerk’s 101A Council Meeting – From Prep to Approval of the Minutes
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The goal of this presentation is to give an idea of how to prepare and deliver a Council Meeting. These are ideas put together to be shared. The ideas expressed are not the only way to prepare for Council.
Tools to Determine Future Council Topics Calendar? Lists? Who looks at it? Who can add to it?
Note:The Council should always weigh-in as it is
their meeting.
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What tools does your city use to determine what topics will go on a Council Agenda? Different Cities use different methods to determine what goes on the Agenda. It is important that the process is collaborative and that the Council have the opportunity to review and weigh-in on topics that will ultimately be an agenda for upcoming meetings. In Plummer the Mayor and City Clerk determines what should be on the agenda, unless a council member or the attorney has something they want on the agenda or not on the agenda. In McCall there is a live document that looks 3 months into the future that all department Heads, the City Manager, and the Council have access and contribute to. The City Manager holds a Department Head Meeting the week prior to the Council Meeting to determine from the list the items that will go on the next Agenda. Sometime there are items added, moved or deleted during this meeting. The Council and Mayor contributes through email or during a discussion of upcoming meetings at each Council Meeting. This Lists assists the City Clerk when preparing the Council Packets. Handout: Sample Upcoming Meetings Schedule
Meeting Notices A city can satisfy the meeting notice
requirement for regular meetings in one of two ways.◦ Notice may be posted at least five calendar days
before the meeting in a prominent place at the city's principal office, or if the city has no principal office, at the place where the meeting will be held◦ The regular meeting day(s) may be posted in a
prominent place at the city's principal office, or if the city has no principal office, at the place where the meeting will be held.
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At the City of McCall in addition to our ordinance that sets the meeting days and times of your Council Meetings, we do a Resolution at the first meeting of the year the calls out any changes to days of meeting due to holidays and then post at City Hall. Handout: Annual Council Meeting Resolution
Agenda Bills Introduces the agenda item to Council
and the Public Tracks all items that go to Council Provides history of item Provides costs to City if applicable Provides recommended action or motion Tracks History of Item
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Cities use a variety of ways to introduce each item on the agenda to the Council. Some cities use memos some rely only on the agenda. In McCall we use an Agenda Bill. The point of the agenda bill is to track every item that goes before the Council with a number and to give both the Council and the general public a snapshot of the item being presented. Hand out: Instructional Agenda Bill Sample Agenda Bill
Assembling the Agenda The agenda must include the following.◦ The name of the city.◦ Identify that it is a Council Meeting◦ The date, time and place of the
meeting.◦ All issues that are expected to be discussed
summarized in sufficient detail to allow a citizen to understand what will be discussed and make an informed decision as to whether to attend the meeting.◦ If an executive session will be held, the
authorization under Idaho Code 74-206(1) for holding the executive session.
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When meeting all the legal rules your Agenda also needs to be consistent in form, easily understood by the general public. Stay away from acronyms such as PUD, SUB, CUP – Spell it out!!! Plummer Approving the Agenda: The Clerk prepares the agenda and is finalized by the Mayor before posting. Rexburg Approving the Agenda = The Mayor approves the agenda in a Staff meeting with department heads at least 48 hours before the meeting. Handout Sample Agenda
Posting the Agenda
The agenda for a regular meeting must be posted at least 48 hours prior to the meeting in a prominent place at the city's principal office, or if the city has no principal office, at the place where the meeting will be held.
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Posting the agenda does not mean publishing the agenda. Some cities do publish their agendas in the news paper; however, it is not required. It is generally good practice to send your agenda to the press and if they choose to publish it great, then the city is not spending money to publish it. If your City has a website It is also good practice to post it on your website. Contrary to popular opinion, you actually want your citizens to know what your Council is doing!!
Amending the Agenda May be amended to add unanticipated issues Must be posted as soon as possible. If the change is made less than 48 hours
before a regular meeting, or at the meeting,◦ The Council must pass a motion to amend the
agenda ◦ The Motion must include the purpose and the
good faith reason why the item was not listed on the original agenda. ◦ Amending the agenda should be used sparingly
and only when the issue can't wait until the next meeting.
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Include an amended agenda report Handout Sample of an amended Agenda Report
Prepping Council Packet
No Rules Every City does it a little different Packet should include enough
information to assist the Council in making an informed decision
Make it available for the Council at least 3 days prior to meeting
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The packet includes contracts that are on the agenda for approval, copies of land use proposals, any supporting documents that may assist with providing additional useful information to the Council. Some Cities only provide electronic copies of the packet to their Councils and others still print paper copies. In Rexburg Council packets are electronic; the files are stored in an electronic folder where the City Council and Mayor can access them with their IPADS! This saves a lot of copying and time. Some Councils have laptops or tablets provided to them, other Councils may use their own devices. It is really the Choice of the Council and how they want to receive the information.
How do other City’s Prep Their Packets? Rexburg Council packets are electronic;
the files are stored in an electronic folder where the City Council and Mayor can access them with their IPADS! This saves a lot of copying and time.
McCall Council Packets are posted on the Website. Two Council Members packets are electronic the other three are paper
Day of the Meeting
Every City is different Make yourself a check list Prepare your minutes Collect any late documents for Council Do you have to set up the room? Print agendas Print sign-in sheets Be Organized!!!
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What ever your process is, take the time to write it down so you have something to refer to. I am sure that many of you have set up hundreds of Council meetings and may not think you need to write a check list but it is helpful for those who may need to fill in when you are out. For those of you who are new, making a check list minimizes the stress of the fear that you may forget something the day of the Council meeting. Checklist help to organize your day. For many the day of a Council meeting can be very busy. Handout: Day of Council Checklist
The Open Meetings Law provides that minutes must be "available to the public within a reasonable time after the meeting" and must include, at a minimum, the following information:◦ The date, time and place of the meeting◦ The members of the Council in attendance◦ All motions, resolutions, orders, or ordinances
proposed and their disposition◦ The results of all votes, and upon the request of a
member, the vote of each member by name.
Prepping the Minutes
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Template Summarize each agenda item prior to the meeting Agenda Bills can be very helpful when prepping the minutes as they tell you what each item is about and what is recommended to happen with each item Prepare the action statements or motions All of us prepare our minutes ahead of time We spend some time starting the minutes ahead of the meeting by adding files that will be presented in the meeting; motions are added at this time and changed as needed during the meeting. (This makes minute taking much easier during the meeting). The minutes are typed during the meetings. The meetings are recorded and the minutes are updated after the meeting by listening to the recording and adding missed information What Level of Detail is Required for Minutes? The level of detail in the minutes involves tradeoffs and is an issue that each governing body must decide. More detail provides a more useful account of the meeting for future generations, but takes more time and effort to produce. A recording or verbatim transcript of the meeting is not required; however, cities are required to have audio recordings of public hearings, deliberation and decisions on site-specific land use issues that are retained for at least six months after the final decision. Handout Minutes Template
During the Council Meeting
What is your role at the Council Meeting?
Take Minutes Take roll call on votes Answer questions Present Information Ensure procedure is followed
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Plummer: take my meeting minutes during the meeting, answer any questions the council or public may have regarding any of the topics we have on the agenda. Rexburg: The minutes are type during the meetings Make sure you are clear on what your role is Be prepared
Approving the Agenda
Should be first on your agenda Opportunity for Council to make a
change Add an item – needs to be a good faith
reason Remove an item Move an item from consent to business
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First on the Agenda so if a Council wants to make changes you are sure to capture the change in a motion at the beginning of the meeting. Changes could include removing an item from the consent agenda and moving it to business, removing an item completely from the agenda, adding an item to the agenda which would require a good faith reason Any other reason?
Who Gets to Vote?
Council members have the right to vote on issues.
The mayor does not vote except in the case of breaking tie votes of the council.
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Who Gets to Vote Idaho Code 50-602.
Voice Vote
Mayor asks all those in favor of the motion to say "aye," and all those opposed to say "no."
Often the default method of voting Recorded in the minutes Any members of the minority may wish
to have their vote recorded in the minutes.
Roll Call Vote
The clerk announces the name of each member of the Council, who replies by saying "aye" or "no" on the motion.
The disposition of the roll call vote is recorded in the minutes with the vote of each member listed separately
May be requested by a single member of the Council
Requires A Roll Call Vote
The motion to go into executive session.(Idaho Code 74-206(1 ))
Passage of ordinances. (Idaho Code 50-902)
Passage of resolutions or orders approving contracts (50-902)
Majority Needed for Approval Adoption of a franchise ordinance. Confirmation of the mayor's nomination for
an appointed office. Confirmation of the mayor's removal of an
appointive officer, such as the city clerk, treasurer, attorney or other appointed positions established by local policy.
Adoption of an ordinance providing for leasing of mineral rights.
Overriding the mayor's veto of an ordinance.
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Threshold for Approval: Most issues can be decided by a majority of the members voting, while some issues specifically require majority vote of the full council, including:
Majority Needed for Approval Initiation of a local improvement district by
council resolution. Creation of a local improvement district when
the owners of more than two-thirds of the property to be assessed have protested.
Sale of property deeded to the city as a result of unpaid local improvement district assessments.
Passage of an ordinance providing for disposition of excess revenues in a Local Improvement Guarantee Fund.
Council override of the term limits provision limiting planning and zoning commissioners to no more than two full, consecutive terms.
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Do you have to remember all of this??? No there are manuals out there to assist you
Majority Needed for Approval Calling special meetings of the city council. Calling a special election on adoption of the council-
manager form of government. Dispensing with the requirement for ordinances to be
read on three separate days and once in full. Declaring an emergency caused by casualty, accident
or act of nature and authorizing short-term borrowing to pay for the costs of repairs or improvements.
Authorizing the use of portions of public parks, playgrounds or other grounds for athletic contests, golf links, agricultural exhibits, ball parks, fairs, rodeos, swimming pools and other amusements
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and for military units of the state of Idaho or the United States, and making and entering contracts with the appropriate organizations and associations.
Work Sessions Regular or Special Meetings of the Council,
or portions thereof, may be designated as a Work Session.
Is generally held in a more informal manner or setting than a business meeting
In general, final votes are not taken at a Work Session, but there are commonly procedural votes on the disposition of various matters.
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Rexburg We treat work sessions as regular meetings and usually start the work meetings 1.5 hours before the regular council meetings. Plummer Work Sessions we still post an agenda and usually our work sessions are for review of the budgets.
Work Session Purposes To study, deliberate or review one or
more topics or emerging issues for potential action at a future date
To vet the status of matters that are intended to be presented on the agenda of an ensuing business meeting unless exceptional circumstances apply
To engage in public comment or dialog To participate in presentations with City
staff or other subject matter experts
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What are some topics you may have for work sessions?
Public Hearings—Legislative City budget, City' s Capital Facilities Plan Zoning Ordinance change Adoption of and revision to a Development
Agreement Certain other legislative actions pertaining
to general governmental policy or ordinance, A comprehensive, community, or
neighborhood plan
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A formal public hearing as is required by statute or City ordinance as a portion of the prescribed public process for the Council' s action The public hearing typically occurs during a publicly noticed portion of a regular or Special Meeting of Council, where the time of the hearing has been stated in the prior public notice. Rexburg: We follow state code to advertise the public hearings at least 15 days before the meeting. We pass out a brochure explaining the process for taking public input during the meeting. Plummer:We publish our public hearing in our local newspaper two times prior to the actual public hearing. When we have public hearings they are the first thing on agenda for that meeting.
Public Hearings - Quasi-Judicial
Quasi-judicial hearings and actions of the Council are those proceedings which determine the legal rights, duties, or privileges of specific parties in a hearing or other contested case proceeding.
Establish a clear record of proceedings, facts presented and the decision process according to judicial standards
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Such a hearing is typically conducted by Council during a prescribed portion of a Regular or Special Meeting, and is performed in such a manner as to establish a clear record of proceedings, facts presented and the decision process according to judicial standards. Handout Conduct of Public Hearings
Public Hearing Noticing Requirements
Budget◦ Published twice in the official city newspaper, at least seven days
apart New or Increased Fees◦ Published notice of hearing must be run once each week for the
two weeks preceding the week of the public hearing Judicial Confirmation◦ Published once in the official city newspaper, at least 15 days
prior to the public hearing◦ The public hearing must be conducted at least 14 days prior to
the adoption of the resolution/ordinance authorizing judicial confirmation.
Land Use and Planning◦ Published in the official newspaper at least 15 days prior to the
hearing
Consent Agenda Items Have been previously discussed by the
Council Based on the information delivered to
members of the Council by Administration, can be reviewed by a Council Member without further explanation
Are so routine, technical or "housekeeping" in nature, that passage without discussion is likely
Are otherwise deemed in the best interest of the City.
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There is no Council Discussion and one vote approves all items listed on the Consent Agenda If there is a need for additional clarification of an item on the consent agenda, then a Council Member may request that the agenda be amended to remove that item from the Consent Agenda to be discussed and considered separately. Plummer Our consent agenda contains previous meeting minutes for approval, treasurer’s report, check register and disbursements. Rexburg The Consent Agenda is an item on the regular agenda; the City Council makes a motion to approve the consent calendar wich can contain any no-controversial item like 1. City Bill; 2. Beer and Wine Licenses; 3. Minutes; 4. Fire Works Stands; etc.
Business Agenda Contracts Grant Approvals Committee
What are some other items you may put on your Business Agenda? Plummer Business Agenda: Our business agenda is usually for contracts, issues that City Hall staff cannot make a decision on, our payables, approach permit requests, surplusing vehicles, Library board appointments, etc. Rexburg Business items are listed on the agenda as an agenda item under Mayor’s Business; or Staff Reports for Public Works; Engineering; Finance Department; etc.
Executive Sessions
The Open Meetings Law provides that specific topics may be considered in closed executive session at regular or special council meetings.
The motion to go into executive session must be decided by roll call vote recorded in the minutes by individual vote, and the motion must be approved by two-thirds vote in order to pass.
The motion must state the specific subsection(s) of Idaho Code 74-206(1) that authorizes the executive session.
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Rexburg Executive Sessions = Usually, they are listed on the agenda at the end of the agenda as an agenda item. Referencing the State Code chapter and verse. Plummer Executive Sessions: We try not to use Executive Session often, but we do for personnel matters, probable litigation, What does a 2/3 vote mean?? Handout: Description for Executive Sessions
Adjournment
An ending or dismissal of further business by the Council
By Motion?
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Plummer After all items are completed on the agenda the Mayor says the meeting is adjourned. Mayor adjourns the meeting without a motion.
Completing the Minutes The level of detail in the minutes involves
tradeoffs and is an issue that each governing body must decide
More detail provides a more useful account of the meeting for future generations, but takes more time and effort to produce
A recording or verbatim transcript of the meeting is not required
Cities are required to have audio recordings of public hearings, deliberation and decisions on site-specific land use issues that are retained for at least six months after the final decision
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Rexburg: The meetings are recorded and the minutes are updated after the meeting by listening to the recording and adding missed information. Staff takes a second look for any items that are not stated clearly.
Adopting the Minutes
Council approves at next Council Meeting
Can the Council Make Changes to the Minutes?
What is a reasonable time to have minutes approved?
What do you do with the minutes after adoption?
Posting the Minutes
Where do you post your approved minutes?
On your Website? In the Newspaper? Social Media? How handy are they
for the Public?
Available Resources
Resources are available on the AIC Website idahocities.org◦ 2015 Open Meeting Law Manual◦ Public Notification Manual◦ Ordinances and Resolutions◦ Roles and Responsibilities◦ 2015 Public Records Law◦ Purchasing Manual◦ Planning and Zoning Manual
