City of Hickory
76 N. Center Street
Hickory, North Carolina 28601
(828) 323-7400
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Rules of Procedure
A. Meetings
On the date and at the time of the first regular meeting in December following a general election in which council members are elected, the newly elected members shall take and subscribe the oath of office as the first order of new business. As the second order of new business, the council shall elect a mayor pro tempore. This organization meeting shall not be held before the municipal election results are officially determined, certified, and published in accordance with the General Statutes. (Hickory City Code 2-54)
The Council shall hold regular meetings on the first and third Tuesday of each month at 7:00 p.m. in the Council Chamber at the Julian G. Whitener Municipal Building, 76 North Center Street. A copy of the council’s current meeting schedule shall be filed with the City Clerk. (Hickory City Code 2-52)
3. Adjourned and Called Meetings
The Council may hold adjourned or called meetings as may be necessary. The mayor or any three members may call a meeting upon written notice of not less than 48 hours to all members, signed by the members who called the meeting, and issued through the City Clerk’s office.
The Council may call an emergency council meeting by signing a written notice stating the time and place of the meeting and agenda. The notice must be delivered to the mayor and council six (6) hours prior to the meeting. Only emergency business may be considered.
*NOTE: All meetings are public and the media shall be notified by the City Clerk’s office in accordance with the State law.
B. Agenda
Only those matters included on the agenda may be considered at any council meeting. No matter may be placed on the agenda for a meeting, which has not been presented to the City Clerk or the City Manager by 5:00 p.m. on the Wednesday preceding the meeting. The council may consider a matter not included on the agenda by a vote of a majority of council
All items in this section of the agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a council member so requests, in which event the item will be removed from the Consent Agenda and considered under "Items removed from the Consent Agenda".
Council has adopted a policy to give two (2) readings to contracts, leases, ordinances, awards of contracts, and other agreements before final approval. Resolutions require only one (1) reading for approval. Items placed on the agenda for information only do not require two (2) readings. Ordinances must receive two (2) readings at two (2) separate meetings, one of which must be a regular meeting. (City of Hickory Code 3.42)
When conducting public hearings, considering ordinance and otherwise considering matters wherein the public has a right to be heard, when it appears that there are persons present desiring to be heard, the mayor shall require those opposing and favoring the proposed action to identify themselves. The Mayor announces "This is a public hearing on (title of ordinance, resolution, etc.) and persons wishing to speak for or against should come forward at this time." There is no requirement for the clerk to read the ordinance or resolution into the record. Each side of the matter shall be given equal time. Those opposing the proposed action shall be allowed 15 minutes for presentation, followed by 15 minutes for those favoring the action, with the opponents then to have five minutes for rebuttal and the proponents to then have five minutes for surrebuttal. Those persons have five minutes for surrebuttal. Those persons on either side shall have the right to divide their allotted time among them as they may choose. The council, by majority vote, may extend the time for each side equally. On matters in which the person desiring to address the council does not have a legal right to speak, the council shall determine whether it will hear the person. The refusal to hear a person desiring to speak may be based upon grounds that the subject matter is confidential, that its public discussion would be illegal, that it is a matter not within the jurisdiction of the council or for any other cause deemed sufficient by the council. Any person allowed to speak who shall depart from the subject under discussion or who shall make personal, impertinent or slanderous remarks, or who shall become boisterous while addressing the council shall be declared out of order by the mayor, or by vote of the council, and barred from speaking further before the council unless permission to continue shall be granted by a majority vote of the council, under such restrictions as the council may provide. Citizens signed up to speak at the council meeting may yield their time to another citizen who has signed up to speak at the meeting. . (Hickory City Code 2-56)
The City Council agenda shall follow the following format:
Call to Order
Invocation
Approval of Minutes
Approval of second readings
Consent Agenda
Items removed from the Consent Agenda
Unfinished business
Informational items
New Business
Public Hearings
Departmental reports
Presentation of petitions and requests
Recognition of persons requesting to be heard.
Matters not on the agenda
Closed session (if needed)
Adjournment
Currently council hears requests for special use permits. Council hears special use requests in a quasi-judicial setting. Council may not discuss the request with anyone prior to the hearing. Following the public hearing, each council member must announce his/her vote and specify findings as to each general standard and any specific standard. Legal counsel will supply each council member with a voting sheet, listing of each general standard and any specific standards that must be met. Council members may vote to approve the permit, approve the petition with conditions, or deny the permit. Approval of a permit requires majority approval.
Anyone may request to be placed on a council agenda to address council by calling the City Clerk’s or City Manager’s office by noon on the Friday before the council meeting. The item will be placed on the agenda under the section "Recognition of persons requesting to be heard". (Hickory City Charter 3.21) Speakers will be limited to three minutes and may not yield time to other people. Council may vote by majority to extend additional time to a speaker or modify agenda to accommodate a speaker.
The Mayor presides at all meetings and shall operate the meeting under Robert’s Rules of Order. The Mayor votes on all motions unless recused for conflict of interest. He exercises the following powers: (Hickory City Charter 3.81 & Hickory City Code 2-57)
To rule motions in or out of order, including any motion patently offered for obstructive or dilatory purposes.
To determine whether a speaker has gone beyond reasonable standards of courtesy in his remarks and to entertain and rule on objections from other members on this ground.
To entertain and answer questions of parliamentary law or procedure.
To call a brief recess at any time.
To adjourn in an emergency.
D. Office of Mayor Pro Tempore
The Mayor Pro Tempore is elected annually from all council members at the organizational meeting. The Mayor Pro Tempore shall have all duties and powers of the mayor in the mayor’s absence. (Hickory City Charter 3.82 & City Code 2-58)
An affirmative vote equal to a majority of all members of the council not excused from voting is required to adopt an ordinance. A proposed ordinance is introduced at the first meeting, approved by majority vote and may be finally adopted at the second meeting. Council must hold a public hearing before adopting amendments to the zoning ordinance.
2. Debate/Discussion by Council
After a motion and second are made, the mayor opens the floor for debate. Members of council are recognized to speak by the mayor. A member who hasn’t spoken is recognized before someone who has already spoken.
In addition to substantive proposals, the following procedural motions, and no others, shall be in order. Each motion is debatable, may be the subject of a substitute motion and requires a majority vote for adoption:
To adjourn. This motion may be made only at the conclusion of action on a pending matter, may not interrupt deliberation of a pending matter nor be in order until completion of items on the agenda.
To take a recess.
To divide a complex motion and consider it by paragraph.
Call of the previous question.
To postpone to a certain time or date.
To refer to a committee for a time certain, not exceeding 60 days.
To substitute another motion for a motion pending, on the same subject matter.
To reconsider. This motion must be made only at the meeting during which the original vote was taken. It cannot interrupt deliberation on a pending matter. It is not in order to reconsider a matter previously passed, at the conclusion or a public hearing or following the first vote on matter requiring two readings.
To rescind or repeal.
To ratify action previously taken.
(Hickory City Code 2-60)
4. Withdrawal of motions/amended motions
A motion may be withdrawn by the introducer any time before a vote provided the second is withdrawn before the vote. (Hickory City Code 2-61)
5. Duty to vote
Council may be recused from voting on a motion if recused by the other council members for conflict of interest (NCGS 14-234, NCGS 160A-275 and Hickory Personnel Code Article VI)
Any council member who has an interest in the action before council must disclose the conflict publicly on the public record. A council member may be recused from voting after a motion made and seconded recused majority approved from other council member. The recused council member should leave the council chambers during any discussion on the motion and refrain from making any comments on the motion. If a matter involves no discussion, i.e. consent agenda item or informational item, it is not necessary for the recused council member to leave the council chambers.
An "interest" is defined as a direct or indirect pecuniary or material benefit accruing to a city official as a result of a contract or transaction which is or may be the subject of an official act or action by or with the city. A council member is deemed to have an interest in the affairs of (1) any person in his immediate household (2) a business where the council member is an officer or director of the board (3) a business where council member owns 5% or more of the legal or beneficial ownership (4) any non-profit organization that council member serves as a officer, director or other board member (Hickory Personnel Code)
Council members are bound by the conflict of interest ordinance in the Hickory Personnel Ordinance. As such Council members are requested to complete an annual disclosure form provided by the City Clerk’s office.
Council members are encouraged to apply to the City Legal Department for advisory opinions on potential conflicts of interest. Council members may request written opinions from Legal for their records.
b) Refusals to vote/abstentions
A failure to vote by a member who is present or who, having been present, has withdrawn from the meeting without being excused, shall be deemed an affirmative vote and shall be so recorded. (NCGS 160A-75)
F. Quorum
Four members of the council shall constitute a quorum to do business. A member who has withdrawn from a meeting without being excused by the council shall be counted as present for the purposes of determining the existence of a quorum. (Hickory City Charter 3.22)
G. Minutes
A record of the proceedings of every meeting shall be kept by the city clerk in a well bound book, and every resolution, bylaw, or ordinance passed by the city council, and every motion made at any meeting, must be recorded in such book. The records of the proceedings of each meeting must be signed by the Mayor and City Clerk. (Hickory City Charter 3.21)
Council meetings are taped, but the tapes are destroyed when the minutes are approved by the City Council. Once adopted, the written minutes become the official minutes and the official public record of said Council meeting. Until then, minutes should not be distributed.
H. Appointments to Boards/Commissions
Council members appoint members to volunteer boards and commissions. All appointments must be made in open session. The City Clerk will supply a list of volunteers from citizen applications.
II. Closed Sessions
The City Council may go into closed session for reasons permitted under N.C.G.S 143-318.11. The agenda will list one of the permitted reasons for closed session and Council may go into closed session following the open session or at any other time necessary upon a motion which is adopted in an open meeting setting. If the permitted reason is not listed on the agenda then the reason must be stated by the Council Member making a motion for closed session. In addition, no vote will be taken during closed session. If a vote is necessary on a matter discussed in closed session, then Council will reconvene into an open meeting so that they vote may be made for the official record.
B. Who attends
Council members, City Manager, Assistant City Manager and attorneys for the City attend. In addition, department heads and/or others may be invited into the session on particular items of discussion.
Anyone attending a closed session is expected to maintain confidentiality which includes not discussing matters of issue in closed session with other staff members, the media, citizens, etc.
D. Minutes
As required by State Law, written minutes of issues and discussions in closed session are taken by a staff member designated by the City Manager and are filed in the City Clerk’s office and are not a public record.
E. Sealed minutes - unsealing minutes
Council may on its own motion or upon request from the Clerk, staff, citizen or others vote to unseal the minutes of certain closed sessions when it is no longer necessary to protect the City’s interest and at such time those minutes will become a public record.
No council rule concerning the conduct of meetings may be adopted, amended or repealed upon less than 30 days’ notice presented at a regular meeting of the council, such notice to be recorded in the minutes of that meeting. (Hickory City Charter 3.21)
adopted July 1998
