Explanation
Background:
This legislation will allow for a revision of City Council's speaker rules to ensure that council meetings are conducted in an atmosphere conducive to productive dialogue and debate on the issues before the body.
Fiscal Impact: This legislation has no fiscal impact.
Title
To amend section 111.12 of Columbus City Codes 1959, speaking before city council, and to declare an emergency.
Body
WHEREAS, Section 9 of the Charter of the City of Columbus directs city council to determine its own rules and order of business, and
WHEREAS, city council proposes to amend Columbus City Codes 1959 section 111.12 to ensure that council meetings are conducted in an atmosphere conducive to productive dialogue and debate on the issues before the body, and
WHEREAS, to ensure detailed and extensive public input on the major legislative issues facing the city council, the members of council reaffirm their commitment to holding at least one public hearing on ordinances that would have a substantial impact on the community, and
WHEREAS, an emergency exists in the usual daily operation of the City Council that it is necessary to define the rules for speakers at the beginning of the year and for the preservation of the public health, peace, property, safety and welfare, and now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
Section 1. That existing section 111.12 of Columbus City Codes 1959 be amended to read as follows:
111.12 Speaking before council.
In all cases the member of council who shall first address the chair shall speak first; but when two (2) or more members of council address the chair at the same time, the president shall name the member of council who is to speak first.
No member of council shall be allowed to speak except from his or her own desk. No member of council shall speak more than twice upon the same subject, nor longer than five (5) minutes at one time without leave. No member of council shall speak a second time upon the same motion before opportunity has been given each member of council to speak on that motion.
Any member of council, while discussing a question, may read from books, papers or documents, any matter pertinent to the subject under consideration without asking for leave.
No member of council shall pass before another member of council while speaking, or the clerk while reading, or otherwise interrupt, except to call a member of council to order.
The following rules shall apply to the general public when they wish to speak before council at a scheduled council meeting:
1. Speakers slips must be filled out completely including name, address, organization represented, and subject, and the ordinance number of the item to be addressed, if the individual will be speaking for or against the item, the subject if non-agenda and with any material or information to be distributed and filed with the city clerk prior to 5:00 p.m. on the day the speaker wishes to speak before the council. The council encourages individuals to submit written testimony and/or contact the appropriate committee chairperson to discuss their concerns. The council will not entertain incomplete speaker slips. Speakers slips addressing rezoning or variance requests must be submitted prior to 7:00 6:30 p.m. on the day the speaker wishes to speak before the council.
2. Speaking before council shall be limited to three (3) three-minute speakers by the proponents, and three (3) three-minute speakers for the opponents. For regular business meetings, individuals are permitted to submit a total of two (2) speakers slips. Of the two (2) slips, one may be used to address a non-agenda matter.
a) For agenda items, speakers must only speak to the ordinance indicated on the speaker slip submitted to the clerk. Council will entertain three (3) speakers for and three (3) speakers against any ordinance, recognizing speakers in the order the slips are received by the clerk. Each speaker will be given three (3) minutes to speak.
b) For non-agenda items there will be a limit of six (6) speakers taken in order of receipt of speaker slips with no more than three (3) speakers on any subject. Each speaker will be given three (3) minutes to speak. If the subject does not concern the legislative or administrative responsibilities of city government, the president of council may refer the speaker to another public forum and/or deny the request.
3. Speakers subject matter will not contain obscenity, commercial advertising, defamation or slander nor shall speakers conduct themselves in violation of the disorderly conduct or disturbing a lawful meeting provisions of Chapter 2317 of the Columbus City Codes, 1959. For zoning meetings, speakers will be limited to three (3) three-minute speakers by the proponents, and three (3) three-minute speakers for the opponents for each ordinance.
4. Speaker slips shall be presented to the president of council by the city clerk in the order received and the president may:
(a) Assign the request to the appropriate chairperson for a resolution or ordinance on the agenda who may recognize the speaker at the proper time;
(b) Schedule the speaker at the conclusion of the regular agenda if the subject does not pertain to a resolution or ordinance on the agenda in the following manner.
By the conclusion of the regular agenda, if the subject does not concern the legislative or administrative responsibilities of city government, the president of council may refer the speaker to another public forum and/or deny the request.
Also by the conclusion of the regular agenda, if the subject does concern the legislative or administrative responsibilities of city government, the president of council may then schedule the speaker, or refer the speaker, with the speaker's consent, to a council committee or administrative personnel.
(c) There will be a limit of six (6) speakers on nonagenda subjects taken in order of receipt of speaker's slips with no more than three (3) speakers on any subject. Each speaker will be given three (3) minutes to speak. Each speaker will be permitted to speak one (1) time on any nonagenda topic. Speakers' subject matter will not contain obscenity, defamation or slander nor shall speakers conduct themselves in violation of the disorderly conduct or disturbing a lawful meeting provisions of Chapter 2317 of the Columbus City Codes, 1959. If the council president determines that these rules are not being followed one warning will be given. Speaker's conduct shall be subject to the right of the council president to preserve the order and decorum of the forum. If the rules continue to be violated after one warning, the council president may revoke the individual's speaking privileges.
5. All persons permitted to speak before city council shall have the same access to government telecommunications coverage as the regular council agenda. Speaker slips shall be presented to the president of council by the city clerk in the order received.
6. Any variance or waiver of these rules shall be by a majority vote of council.
Section 2. That for the reasons stated in the preamble hereto, which is hereby made part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten (10) days after passage if the Mayor neither approves nor vetos the same.