To assure that existing rules align with the needs of the City of Kenai, do not duplicate existing rules and do not conflict with other rules adopted by the city; The Kenai City Council is reviewing rules in regards to conducting the legislative business of the City of Kenai.
The Kenai City Council amended Kenai Mini Municipal Code Chapter 1.15 -Rules of Order, to Allow Approval of the Agenda and Consent Agenda in One Motion, Remove Sections that May Conflict with the State of Alaska Open Meetings Act, and Remove any Rules that are Standard Rules as Established in Roberts Rules of Order.
Kenai Mayor Brian Gabriel explained the ordinance;
“So, what this does is, if we have a situation where we’ve acted on a piece of legislation before us, the way the rules are we can vote to reconsider that. And part of the problem lies in in the timing of that, so you have to be in the majority. There are certain issues about that, but this mainly concerns with adequate public notice because in the event that we act on piece of legislation and after this meeting someone decides, oh maybe I need to amend it or we should change or maybe even vote it down or vote it up and they wait till the next meeting to make that motion to reconsider and there’s no public testimony that sort of cuts the citizens out of the equation that they may think that oh there’s something that’s been acted upon by council. They leave and then find out later that you know there was something else that happened or it was mended or voted up or down based on that So what this does it just allows the public a heads up that that there is a desire usually by one or two council members to to have a vote of reconsideration which would be through the clerk’s office then that would be noticed and then in the packet for the next meeting.”
The proposed changes to KMC 1.15 would:
- Remove language that conflicts with the state of Alaska Open Meetings Act
- Clarify when a matter may be placed on the agenda by a member of the public and at which time that matter will be taken.
- Add a place on the agenda for “Scheduled Administrative Reports.” This addition will provide a place on the agenda for reports from individuals who are providing a direct service (contractual or otherwise) to the city and are reporting on those services.
- Combine the approval the agenda and consent agenda into one single motion.
- Remove language related to tabling items.
- Remove language regarding pending legislation being stricken. Roberts Rules of Order establishes that items fall to the floor at the close of a session; for the City Council a session ends when there is a change in the body (certification of an election). The new session begins at the meeting following certification.
- Expand the items that may not be invalidated, to include other items that are regularly acted on by the City Council.
- Delete paragraphs a, c, j, l, m, and n from KMC 1.15.060, removes language that are standard rules within Roberts Rules of Order.
- Remove the current City practice related to calling the “Question”.
One of the purposes of Roberts Rules of Order is to establish the rule of the majority while respecting/hearing the voice of the minority. Allowing one person to call the question does not support that purpose.
Roberts Rules of order requires that the member has the floor before making the motion “Question”; it then requires a second and a majority vote of the body to call the question.
Revisions should reflect the current practice that the titles are read and posted and reflect the current practice regarding reading in full of an ordinance or resolution.
Complete details on Chapter 1.15 Rules of Order document are contained in Ordinance No. 3338-2023 – Amending Kenai Municipal Code Chapter 1.15.