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TC Resolution 21-15 Amending and Re-Adopting the Simplified Rules of Order for Avon Town Council Meetings to Reflect Remote Attendance Policyn Avon C O L O H A D0 RESOLUTION 21-15 AMENDING AND RE -ADOPTING THE SIMPLIFIED RULES OF ORDER FOR AVON TOWN COUNCIL MEETINGS TO REFLECT REMOTE ATTENDANCE POLICY WHEREAS, Section 5.1 of the Avon Charter states, "The Council shall determine the rules of procedure governing meetings." and WHEREAS, the Avon Town Council adopted Simplified Rules of Order for Avon Town Council Meetings on January 28, 2014; and WHEREAS, the Avon Town Council adopted a Remote Attendance Policy on February 24, 2015; and WHEREAS, the Avon Town Council desires to amend the Simplified Rules of Order for Avon Town Council Meetings to formally adopt the Avon Town Council's policy permit remote attendance of members of Town Council under limited circumstances; and WHEREAS, it is the intent of Avon Town Council that this Resolution 21-15 shall replace the provisions of the 2015 Remote Attendance Policy; and WHEREAS, the Avon Town Council finds that amendment and re -adoption of Simplified Rules of Order will promote meeting efficiency as well as promote the understanding and transparency of Council meeting procedures for the general public; and WHEREAS, the Avon Town Council hereby finds, determines and declares that this Resolution will promote the health, safety and general welfare of the Avon community. NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that that the Simplified Rules of Order for Avon Town Council Meetings attached hereto as Exhibit A are hereby amended and re -adopted. ADOPTED this 22nd day of June 2021. AVON TOWN COUNCIL By:/l, Attest: Sarah Smith-Hymes, May r Res 21-15 Amending and Readopting Simplified Rules of Order Page 1 of 1 Torres, Town wN OF q� ;I. Avon Town Council Simplified Rules of Order These Simplified Rules of Order establish rules and procedures for Avon Town Council meetings. The intent is to set forth simplified rules which are readily accessible and usable by the Avon Town Council members and understandable by the general public. The provisions of the Home Rule Charter, the Avon Municipal Code, or any ordinance adopted by the Avon Town Council shall govern and apply in the event there is any conflict with these Simplified Rules of Order. Unless otherwise indicated, any reference to "Mayor" shall also mean the "Mayor Pro- Tem" or "Acting Mayor" in the absence of the Mayor, as set forth in the Avon Home Rule Charter. I. Standards of Conduct for Avon Town Meetings: The Avon Town Council finds that the foundation of municipal democracy rests on open, respectful and informed discussion and debate balanced with the necessary efficiency required to take action in the public interest. Reasonable persons will often disagree on many public matters which arise before elected and appointed officials. The process of discussion and debate is essential to the ability of elected and appointed officials to render the best decisions possible for the Avon community. The following standards of conduct are considered the minimum standards for elected and appointed officials. A. Elected and appointed officials shall conduct themselves in a mature manner that is becoming of public officials, shall respect one another and shall respect members of the public. B. Elected and appointed officials shall refrain from profanity, rude behavior or personal attacks and shall promptly apologize to both the board and the recipient of any such behavior in the event of a temporary lapse of appropriate behavior. C. The Mayor shall be responsible for maintaining civility, decorum and order throughout the meeting. D. Members of the Avon Town Council shall not communicate between or amongst themselves by text message, a -mails or other forms of electronic communication during a Council meeting. E. Members of the Avon Town Council shall promptly disclose and announce the sending or receipt by a Council member of a text message, e-mail or other form of electronic communication during a Town Council meeting, to or from any person, for any such communication that concerns a matter on the Town Council agenda for that meeting. II. Mayor: Every meeting of the Avon Town Council shall be presided over by the Mayor. If the Mayor is absent the Mayor Pro-Tem shall preside over the meeting. If the Mayor has a conflict of interest on a matter then the Mayor Pro-Tem shall preside over the meeting for such matter. If the Mayor and Mayor Pro-Tem are absent, or if they both have conflict of interest on a matter, then a quorum of Council members shall appoint an Acting Mayor by motion who shall then preside over the meeting or shall preside over such matter for which the Mayor and Mayor Pro-Tem have conflict of interest. The Mayor shall strive to moderate Council meetings with impartiality, shall strive to allow input from all other Council members on matters before Adopted January 28, 2014 by Resolution No. 14.03 Amended and Readopted on July 26, 2016 by Resolution No.16.20 Amended and Readopted on April 11, 2017 by Resolution No. 17.05 Amended and Readopted on June 22, 2021 by Resolution No. 21.15 Page 1 of 6 expressing his or her opinion, and shall refrain from making a motion or seconding a motion until it is apparent that no other member of the Council will do so. III. Agendas: The following rules and procedures shall apply to agendas: A. The Mayor shall determine the agenda in consultation with the Town Manager. The Town Council may direct items to be included on an agenda. Individual Council members may contact the Mayor to request inclusion of a matter on an agenda. The Mayor shall consult with the Town Manager and exercise discretion to determine if the matter should be included on the agenda as a discussion item or an action item. B. After roll call, the Council shall approve the agenda by motion by a majority of the quorum present with any additions or deletions Council deems appropriate. C. The Council may take action by motion at any time during a meeting to schedule discussion or action items on a future agenda which shall be scheduled by Town Staff. D. Noticing for action items and public hearings shall be in accordance with applicable law. IV. Remote Attendance Policy: The preference and expectation of all Council members is to attend Council meetings in -person whenever possible in recognition of the efficiency and effectiveness of in -person participation when conducting the public business of the Town of Avon. However, there may be occasional times when in -person attendance is not possible by Council members. Council finds that remote attendance by Council members is preferable to not permitting participation or delaying the conduct of public business. Participation by remote attendance shall comply with this Section IV and any applicable laws. Notwithstanding any provision contained herein, no member of Council is guaranteed the ability to participate in any meeting by remote attendance. A. Remote attendance means participation by video or audio means, such as Zoom, Webex, Microsoft Teams or similar platform, which is clear, uninterrupted and allows two-way communication for the participating Council member. B. Council members may participate in a Council meeting by remote attendance when travelling out-of-town, when ill, or when unusual or unforeseen circumstances do not allow in -person attendance. Council members who are ill are encouraged and expected to participate by remote attendance. C. A Council member who desires to participate by remote attendance shall notify the Mayor and Town Clerk as early as possible in writing. Upon receipt of such written request, the Town shall use its best efforts to provide the technical means necessary to fulfill such request from Town Hall; provided, however, it shall be incumbent upon the Council member who desires to participate by remote attendance to provide the technical means necessary to facilitate remote attendance from their remote location. Adopted January 28, 2014 by Resolution No.14.03 Amended and Readopted on July 26, 2016 by Resolution No. 16.20 Amended and Readopted on April 11, 2017 by Resolution No. 17.05 Amended and Readopted on June 22, 2021 by Resolution No. 21.15 Page 2 of 6 D. A Council member who is participating through remote attendance (1) shall be entitled to participate in all Council matters in the same capacity as a Council member in physical attendance, including participation quasi-judicial matters and executive sessions; (2) shall be counted for purposes of establishing a quorum; (3) shall have the opportunity to express comments during the meeting and participate in the same capacity as those members physically present, subject to all general meeting guidelines and adopted procedures; (4) shall be heard, considered, and counted as to any vote taken; (5) shall be called during any vote taken and shall have such Council member's vote counted and recorded by the Town Clerk and placed in the minutes for the corresponding meeting; and, (6) may leave a meeting and return as in the case of any member upon announcement of such leaving and returning. When any member of Council is participating by remote attendance, all votes taken shall be conducted by roll call vote. E. The Mayor, Mayor -Pro Tem or other designated person who is presiding over the meeting shall have the discretion to mute any Council member who is participating through remote attendance when distracting and extraneous noise is occurring through the remote attendance. The officer who is presiding over the meeting may delegate to the ability to mute Council members to the meeting host with controls for the meeting platform. The officer who is presiding over the meeting shall use best efforts to recognize and provide opportunity for Council members who are participating via remote attendance contribute to the discussion and express comments. The officer presiding during the meeting shall designate the individual who Council members should contact during the meeting in the event of technical difficulties or in connection with other matters related to items not appearing on the agenda for the meeting in which the Council member is participating by remote attendance. F. In the event that there is significant disruption in the connection or communication with a Council member, or members, who are participating via remote attendance which frustrates and disrupts the efficiency and effectiveness of the Council meeting, the officer presiding over the meeting or a majority of Council members who are attending a meeting in -person may choose to terminate the remote attendance of such Council member or may choose to continue or table the Council meeting or agenda matter to a later time. G. Council members who are participating via remote attendance are expected to be situated in a stationary location with adequate internet service with video camera on and presenting in a professional manner similar to in -person Council meeting attendance. V. Motions: All official Town Council actions are initiated by motion. These following rules and procedures apply to motions. There are two basic motions: action motions and procedural motions. Only one action motion may be on the floor at a time. A procedural motion may be proposed, discussed and acted upon when an action motion is on the floor or at any other time. A. Basic Motion: The basic motion to take action is stated as, "I move to ...." Every motion requires a second. Once a motion is made no further discussion can continue until a second is made to support the motion. Adopted January 28, 2014 by Resolution No.14-03 Amended and Readopted on July 26, 2016 by Resolution No.16-20 Amended and Readopted on April 11, 2017 by Resolution No.17.05 Amended and Readopted on June 22, 2021 by Resolution No. 21.15 Page 3 of 6 B. Discussion: All Council members have the right to discuss the motion on the floor. Discussion cannot be concluded unless (1) all Council members present consent or (2) a majority of Council members present approve a procedural motion to "Call the Question" and end debate. C. Withdraw a Motion: The maker of a motion may choose to withdraw the motion at any time prior to the vote on the motion and may interrupt a speaker to withdraw the motion and consent of the Council member who seconded the motion is not required. The motion is immediately withdrawn; however, the Mayor may then ask the Council member who seconded the withdrawn motion and any other Council member if such Council member wishes to make the motion. D. Amendment to Motion: Any Council member may request an amendment to a pending motion. The maker of the pending motion and Council member who seconded the motion must consent to the proposed amendment. Any Council member may also propose a substitute motion to a pending motion which also requires consent of the maker of the pending motion and the Council member who seconded the pending motion. E. Procedural Motion: A procedural motion may be made at any time and may impose or modify any procedural rule provided that such procedure is not in conflict with the Avon Home Rule Charter, any ordinance adopted by the Town, or any applicable state law. Procedural motions require a majority vote of the quorum present. F. Motion to Call the Question or End the Discussion: A motion to "call the question" (also known as a motion to end the discussion) is a procedural motion to end debate and discussion. A motion to call the question cannot be made until each Council member has had at least one reasonable opportunity to ask questions and express his or her opinion on the matter. Once a motion to call the question is made and seconded, it shall be the Mayor's discretion to allow any further discussion on such procedural motion for the purpose of clarifying any technical, procedural or legal issue related to the procedural motion. A motion to call the question requires a majority vote of the quorum present. Once a motion to call the question is approved, the pending action motion on the floor must be voted upon promptly or, if no action motion is pending, the Mayor shall proceed to the next agenda item. G. Motion to Continue: A motion to continue an agenda item must include a specific future Council meeting date, time and place for the continued matter to be considered again without re -noticing a required public hearing. H. Motion to Table: A motion to table places the agenda item on hold and does not require a specific time for the return of the agenda item. I. Motion to Suspend Rules: A motion to suspend rules may allow suspension of any rule in this Simplified Rule of Order. Such motion may be made and requires a supermajority vote of a majority of the quorum present plus one for approval. A motion to suspend rules may not supersede the procedural requirements of the Avon Home Rule Charter, any ordinance adopted by the Town, or any applicable state law. Adopted January 28, 2014 by Resolution No.14-03 Amended and Readopted on July 26, 2016 by Resolution No.16.20 Amended and Readopted on April 11, 2017 by Resolution No.17.05 Amended and Readopted on June 22, 2021 by Resolution No. 21.15 Page 4 of 6 J. A Motion to Reconsider: A Motion to Reconsider allows the Council to reconsider a vote on a matter. A Motion to Reconsider may only be made and considered if made and acted upon less than twenty-eight (28) days after the date of the Council action to be reconsidered and may be made only by a member of Council who voted in the majority on the motion which is proposed for reconsideration. VI. Meeting Conduct A. Point of Privilege: A Council member may interrupt the speaker to raise a matter related to the comfort of the meeting, such as room temperature, distractions, or ability to hear speaker. B. Point of Order: A Council member may raise a Point of Order at any time that the Mayor permits meeting conduct which does not follow these Simplified Rules of Order or otherwise fails to maintain civility and decorum by the Council and the general public. C. Appeal: A Council member may move to appeal the ruling of the Mayor on any procedural matter or other decision related to the conduct of the meeting. If the motion is seconded and, after debate, it such motion passes by a simple majority vote of the quorum present, then the ruling or conduct of the Mayor shall be overruled and reversed. D. Call for Orders of the Day: A Council member may call for Orders of the Day when such Council member believes that Council discussion has strayed from the agenda. No second or vote is required. If the Mayor does not return to the agenda, then such ruling may be appealed. E. Adjournment: The Mayor may announce the meeting adjourned when there are no further items on the agenda which have not been addressed. The Council may adjourn a meeting at any time by motion, second and approval by a majority of the quorum present. VII. Public Comments: Council agendas shall include a general item labeled "Public Comment" near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments during any agenda item and may limit public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. VIII. Public Hearing: The following general rules shall apply to the order and conduct of public hearings. These rules may be modified or suspended by Motion to Suspend Rules. A. The Mayor shall open the public hearing by announcing the topic of the agenda item. The Mayor shall at all times during public hearings strive to maintain civility, decorum and order. B. The Mayor and/or appropriate Town Staff person shall introduce the topic, explain the applicable procedures and laws, and provide any presentation by the Town. Adopted January 28, 2014 by Resolution No. 14.03 Amended and Readopted on July 26, 2016 by Resolution No. 16.20 Amended and Readopted on April 11, 2017 by Resolution No.17.05 Amended and Readopted on June 22, 2021 by Resolution No. 21.15 Page 5 of 6 C. The applicant, licensee or appellant shall have the opportunity to present information, provide testimony, or respond to any comments or details in the Town's presentation. D. The Council shall have the opportunity to ask technical questions of the appropriate Town staff, Town officials and the applicant, licensee or appellant but Council members shall not express opinions on the matter prior to opening the public hearing for public comment. E. The Mayor shall officially open the public hearing for public comment and shall allow for members of the public to provide comment to the Council. The Council may approve a time limitation not less than 3 minutes for individual public comment and may approve sign-up sheets or other public comment procedures to promote order and efficiency by a majority vote of the quorum present provided that individuals shall be permitted to yield his or her public comment time to another speaker. After all public comments are received, or if the Council determines that the volume of public comments requires additional time and moves to continue the public hearing, the Mayor shall close the public comment portion of the public hearing. F. The Council may discuss the merits of the topic of the public hearing and take such action as deemed appropriate after the public comment portion of the public hearing is concluded. If the volume of public comments requires a continuation, if additional information is required to consider the public hearing matter, or if the Council determines that additional time is warranted to consider the matter of the public hearing, the Council may continue the public hearing to a later date and may re -open the public comment portion of the public hearing at any continued public hearing. IX. Executive Sessions: Council may convene into executive session at any time by the affirmative vote of 2/3rds of the quorum present and by announcing the specific statutory citation and purpose of the executive session in accordance with the Colorado Open Meetings Law, CRS §24-6-402(4). The Council is not permitted to take official, final action on any matter in executive session. Adopted January 28, 2014 by Resolution No. 14.03 Amended and Readopted on July 26, 2016 by Resolution No. 16.20 Amended and Readopted on April 11, 2017 by Resolution No.17.05 Amended and Readopted on June 22, 2021 by Resolution No. 21.15 Page 6 of 6