FY2014-20 Amending Title 2, Chapter 2.30, Section 2.30.080, Section 2.30.090 Decorum in Debate 1
2 Introduced by: Assembly Member Austerman
Requested by: Assembly Members
3
Austerman &Lynch
4 Drafted by: Clerk/Assembly member
5 Austerman/Borough Attorney
6
Introduced: 06/19/2014
Public Hearing: 07/03/2014
7 Adopted: 07/03/2014
8
9 KODIAK ISLAND BOROUGH
10 ORDINANCE NO. FY2014-20
11
12 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
13 AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.30
14 RULES OF THE ASSEMBLY SECTION 2.30.080 DECORUM IN DEBATE
15 SECTION 2.30.090 CITIZENS'RIGHTS
16
17 WHEREAS, KIBC 2.30.020(D) Rules of Order "Robert's Rules of Order Current Edition" shall
18 govern the proceedings of the assembly in all cases, unless they are in conflict with these rules;
19 and
20
21 WHEREAS, KIBC 2.30.080 states proper Assembly decorum during debate and Robert's
22 Rules of Order (RRO), Article 7, Section 43, Decorum in Debate suggests that practices and
23 customs should be observed by speakers and members in an assembly to assist the carrying
24 on of debate in a smooth and orderly manner; and
25
26 WHEREAS, KIBC 2.30.090 states the manner in which the citizens could address the
27 assembly and Alaska Statutes 44.62.310 states that the governing body shall provide
28 reasonable opportunity for the public to be heard. "Reasonable opportunity" means that
29 reasonable restrictions are allowed such as time limits and decorum rules; and
30
31 WHEREAS, the right to free speech must be protected while maintaining proper decorum
32 avoiding libel and slander. Every person shall be allowed to state their positions in an
33 atmosphere free of slander, libel, and threats of violence. Every person should be referred to in
34 a respectful manner confining remarks to the merits of the pending questions avoiding
35 personalities.
36
37 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
38 BOROUGH THAT:
39
40 Section 1: This ordinance is of a general and permanent nature and shall become a part of
41 the Kodiak Island Borough Code of Ordinances; and
42
43 Section 2: Title 2 Administration and Personnel, Chapter 2.30 Rules of the Assembly,
44 Section 2.30.080 Decorum in Debate shall be amended as follows:
45
... .... ..... ........rrr.s ......:fly......... ".rrr.................. a........rrr..... .....debate. ........c....... c.... ..... .
Decorum in Debate. Hewn awnd a,.�,.�eue ueeue new w,.� neu.sl. l.e ,.�Ilnea� uun eu wseu awn;
47 uea te.r.. le the assewalnly,..Ilne shal4 address Nirn sel:i. l.e the alnali111' au; ,....t4ng....FeG(DgR zed,.... cRARe
48 ;uirnse�f l.e the question ..k:Wder debate. No a; scw"slbny urneunnbewIT...shall liuinlnusgR the...0 otive of awns(
49
50
Kodiak Island Borough, Alaska Ordinance No. FY2014-20
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51
52 Asseirrnlblly irneetlings shall Ilbe coindu cted iilin a couirteous aind respectful imainineir. Ilin ddbate„
53 a Ipersoin's reirnarlks imust have Ibearing oin whether the Ipeindiling imotion should Ibe
54 adopted aind should Ilbe geurimaine to 'the quesrtiiioin Ilbefoire 'the asseirrnit)llly. Ciiitiiizeins aind
55 ,sseirrnit)llly irneirrnit)eirs will be allowed to state their, Iposiiitiiioins iilin ain atimoslplheire firee of
56 slllaindeir, aind tlhireats of viiiollleince. IllEveiry Ipeirsoin shall avoid 'the use of II irofainiitiiies„
57 peir'soinalllllly offeinsiiive„ iiiu� sullltiiiu� g„ tli uF°°eateu� iiiu� g„ or dbusiiive ureirnairks at all tiiiinmes. Il�:�Eveiry Ipeirsoin
58 while slpealkiiiing shall avoid Il eirsoindliiitiiies„ aind uindeir, no diiircuirrnsrtainces cain a Ipeirsoin
59 attadk or questiiioin 'the imotives of ainotlheir, Ipeirsoin. The chair, imust act lilimirrnediiiatellly aind
60 decisively to counirect ainy Ipeirsoin viiiolllatiiling decoiruirn iilin debate aind II irevein't Its urelpetiiitiiioin.
........ .�.rr r. ..... :.... ..........:'.�.....rr r..... . ....... ... :.:....... make 61 fur o�.��.�owll�� wowllrow who u�.� �.�Ilroo�uurq woy urol. Ilro wwrl.ou w u.,�llrl.od to woo o wol.uour„ ovour owro wwl.11r
62 d4;l gh.....11wFk)u4t ....11 lldk.o the....umol�icwr....to...a.(JJ.o.H.F.ii;.:.
63
64 B. Order of Speaking.
65
66 1. The manager, a delegate to the assembly, or any assembly member, when desiring to speak
67 at an assembly meeting, shall respectfully address the chair and shall refrain from speaking until
68 recognized.
69
70 2. When two or more persons request recognition at the same time, the chair shall determine
71 which one shall speak first.
72
73 3. Ain asseirrnit)llly rneirnt.)eir who Is slpeakiiiing may not be lilinteuF°°rulpted 'to ia4ke a imotiiioin,, evein
74 oine with lipiiiglip II iriioiriity IIIiiiIke tlhe imotliioin to adjouurin.
75
76 C. Point of Order. If any assembly member, in speaking or otherwise, transgresses II irolpeir,
77 decoiruirrn or the rules of the assembly, the chair shall call him to order, or any other assembly
78 member may rise to a point of order. The assembly member called to order shall immediately
79 cease speaking and cease the action to which he was called to order. The chair or assembly
80 member rising to point of order shall state the offense committed and the assembly member
81 called to order shall then be heard in explanation or justification. The chair shall then rule on the
82 point of order. Any assembly member may challenge a ruling of the chair and, if duly seconded,
83 the chair's ruling shall not stand unless affirmed by a majority vote of the assembly.
84
85 D. Private Conversations. When an assembly member is speaking, the assembly shall be in
86 order and no private conversations shall be carried on.
87
88 E. Recognition to Speak. No assembly member shall be recognized to speak on the same
89 question a second time until every assembly member choosing to speak has spoken except the
90 mover of the question, who may open and close the debate. The chair may take part in the
91 discussion of any matter before the assembly.
92
93 The chair may recognize a citizen to address the assembly upon request of an assembly
94 member, unless objected to by two or more assembly members. Remarks by a citizen so
95 recognized may relate only to a question before the body aind shall olbseirve II irolpeir, decoiruirrn.
96
97 Section 3: Title 2 Administration and Personnel, Chapter 2.30 Rules of the Assembly, Section
98 2.30.080 Decorum in Debate shall be amended as follows:
99
100 2.30.090 Citizens' rights.
101
Kodiak Island Borough, Alaska Ordinance No. FY2014-20
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102 A. Addressing the Assembly. Any person desiring to address the assembly shall first secure the
103 permission of the chair. However, under the following headings of business, unless the chair
104 rules otherwise, any qualified person may address the assembly without securing such prior
105 permission: citizens' comments, public hearing.
106
107 B. Written Communications. Interested parties or their authorized representatives may address
108 the assembly by written communication in regard to matters then under discussion. Written
109 items bearing a request that they be read into the record shall be read aloud by the clerk or
110 designated assembly person.
111
112 C. Addressing the Assembly After Motion Made. After a motion is made by the assembly, no
113 person shall address the assembly without first securing the permission of the assembly to do
114 so.
115
116 D. Manner of Addressing the Assembly — Time Limit. Each person addressing the assembly
117 shall step up to the microphone, give his name in an audible tone of voice for the record and,
118 unless further time is granted by the assembly, shall limit his address to three minutes. All
119 remarks shall be addressed to the assembly as a body and not to any member thereof. No
120 person, other than the assembly and the person having the floor, shall be permitted to enter into
121 any discussion, either directly or through the members of the assembly, without the permission
122 of the chair. No questions shall be asked of the assembly except through the chair.
123
124 ll:E. Public de counjim. Asseirrilblly imee'f1ings shall Ilbe coinducted iilin a couirteous aind respectful
tfull
125 mainineir. Ciiifiiizeins will be allowed 'to state their, Iposiiitiiioins duiriiing IpUlblliii c imeetiiiings iilin ain
126 atimoslplheire firee of slllaindeir, aind flhireafs of viiiollleince. Illl:'veiry Ipeirsoin shall avoid 'the use of
127 pirofainities,, Ipeirsoinalllllly offeinsiiive„ lilinsullfiiiing„ tlhireateiniiing„ oir altmisliive ureimairks at all flilimes.
128 lll:fveiry Il peirsoin while slpe41,61ing shall avoid Il euF°°sou��allliii�fiiies„ aind uindeir, no 6i1ircuirrisrfainces cain
129 a Ipeirsoin affa&k or questiiioin 'the imotives of ainotheir, Ipeirsoin. The chair, imust act
130 limirriediiiafellly aind decisively 'to couF°ire cf ainy Ipeirsoin viiiolllafling de couF°°jim iilin debate aind
131 irevein't its urelpefiiifiiioin or a imeir t.)eir of 'the asseimll.)llly may uriiise 'to a Il oiiiint of oirdeir. The
132 ulblllii c imeir t.)eir called to oirdeir, shall lilimirriediiiatellly cease slpe41,61ing aind cease 'the actiioin 'to
133 which he was called to oirdeir. The chair, or asseimll.)llly imeir t.)eir uriisiiiing to Il oiiiint of oirdeir'shall
134 state 'the offeinse coimimiiitfed. The chair, shall thein urule oin 'the Il oiiiint of oirdeir. Ainy
135 asseirribly irneirri ber may challeinge a iruling of the chair aind, if dully seconded, the chair's
136 uF°ulliiiing shall not staind urilless affiiiuF°°imed Ilby a imajoiriity vote of the asseir6lblly.
137
138 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
139 THIS THIRD DAY OF JULY, 2014
KODIAK 15LAND OUGH
r
J rrol Friend,tWough Mayor
ATTEST:
Nova M. Javier, MMC, Bz b/rough Clerk
140
Kodiak Island Borough, Alaska Ordinance No. FY2014-20
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