Agenda - Charter Commission - 10/10/1996

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Motions, Resolutions, and Ordinances Passing Ordinances and Resolutions Councils enact policies through ordi- nances a~d resolutions. Any member of the council including the mayor may tntroduce them. In standard plan cities, the clerk also has this right. Once an ordinance or resolution is before the body, usually through t. he making of a motion for passage, the council may act upon them at once, refer them to a committee for study and recommendation, postpone consideration to some future time, or ta~e any of the other subsidiary or privileged motion actions. After the council has completed all consideration and discus- sion of the matter, the presiding officer should read the ordinance or resolution and call for a vote, If the council decides to refer the matter to a committee, the committee may con- duct its investigations and recommend the following: passage of the ordinance or resolution in its original form: passage in an amended form; or rejection of the ordinance or resolution. Debate may place at the time of introduction, while a committee is considering it, and after the committee has reported its findings and recommendations. Most resolutions and other proeeclural motions of the council must have a major- try of the votes cast for adoption. For exceptions see Chart V. To Illustrate, ff two members of the council vote in favor of a resolution, one votes against lt., and two abstain from voting, the resolution passes. Ordinances, on the other hand, need at least three favorable votes. For an action to be legal it needs a proper motion, an actual vote, and a record of the n,,mber voting for and against the proposal. Many clerks report the names of the members who take action at each of these various steps, even though the law only requires a record of the third step. Differences Between Ordinances, Resolutions, and Motions A motion is a matter of parlfementary procedure. It is a proposal that the coma- cil acts on through a resolution or ordi- nance. Motions mmj introduce ordinances and resolutions, _nmend them, and take any other actions concerning them. Any couhell enactment which regulates or governs people or property and pro- wides a penalty for its violation is an ordinance. As a result, the council must pass {in ordinance form) ail police regula- tions for public health, morals, economic well-being, welfare, and safety.~ Any regulations should be of general applica- tion within the city and of a permanent and continuing nature. Ordinances may also provide permanent rules for the organization and operation of the council, If the statutes require an a~Uon to be in ordinance form, the council cannot valldiy perform the action by resolution. Councils need to pass ordinances to select the alternate November date for the city election, and to combine the office of clerk and treasurer. Councils should use resolutions for any action of a temporary, routine, or admin- Istrative nature. If the council has a question about the classification of a piece of legislative business, it should consult the city attorney. If the council has any doubt as to whether an ordinance is necessary, it is best to proceed as ff the action requires an ordinance. The courts often view proceedings ha the form of motions the council approves and records to be equivalent to a resclutton. Motions are probably sufficient for most simple administrative acts? Ordinances Only the city council has the power to enact ordinances.~ With a few exceptions, most ordinances do not need voter ap- proval. The statutes do not authorize a eouncll to seek voter consent to a pro- posed ordinance or even to ask for an advisory optnion on its desirability.~ A local charter may provide otherwise. State law limits the council's power to enact ordinances in two ways. First. councils can only deal with subjects on which the Leg/slature has authorized them to act. Without such authorization, Continued on poge 1 12 109