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File #: 2016-0876    Version:
Type: Resolution Status: Passed Finally
File created: 10/14/2016 In control: Committee on Finance and Law
On agenda: 10/25/2016 Final action: 11/7/2016
Enactment date: 11/7/2016 Enactment #: 649
Effective date: 11/7/2016    
Title: RESOLUTION amending the Rules of Council, to reflect current processes, to reorganize existing rules into a more cogent format, and to make other changes
Sponsors: Bruce A. Kraus, Corey O'Connor, Natalia Rudiak, Theresa Kail-Smith
Indexes: RULES OF COUNCIL

Title

RESOLUTION amending the Rules of Council, to reflect current processes, to reorganize existing rules into a more cogent format, and to make other changes

 

Body

Be it resolved by the Council of the City of Pittsburgh as follows:

 

Section 1.                     The Rules of Council are hereby amended by deleting the existing rules in their entirety, and replacing them as follows:

RULES OF COUNCIL

I. RULES

SECTION 1.  Purpose; Procedural Authority. These rules shall govern the proceedings of City Council in conducting business of the City of Pittsburgh. “Robert’s Rules of Order” shall be adopted as parliamentary authority for all procedure not expressly set forth in these rules.

SECTION 2. Suspension of Rules. No rule shall be suspended except by an affirmative vote of two-thirds of the members elected and such vote shall be taken without debate

SECTION 3. Amendment of Rules. No rule of the Council shall be amended or changed, except by a majority vote of the members elected thereto, and after one week's previous notice to the members of Council in writing of such change desired to be effected.

II.ORGANIZATION

SECTION 1. Organizational Meeting. 

A. At its organization meeting or thereafter Council shall, by a majority vote of all Council Members, elect one member to serve as Council President and one member to serve as President Pro Tempore for the ensuing term.

B. Once elected, the President shall appoint a Council Member to Chair each of the Standing Committees set forth in Rule VI.    

C. Every five years the Council shall review the Rules of Council and amend as necessary. 

 

SECTION 2. Officers and Duties

A.                     Council President

i.                      Council President shall at Regular Meetings:

1.                     Preserve order and decorum

2.                     Name the member who shall speak when two or more members address the Council President at the same time

3.                     Limit discussion by Council Members so that no member speaks more than once on an agenda item until every other member choosing to speak has spoken

4.                     Decide all questions by Order subject to appeal to the Council by any two members.

ii.                     Council President shall at Standing Meetings chair the meeting if the Chair of the Committee on Finance and Law is absent

B.                     Chair of Committee on Finance and Law

i.                     Chair shall at Standing Committee Meetings:

1.                     Preserve order and decorum

2.                     Name the member who shall speak when two or more members address the Chair of Committee on Finance and Law at the same time

3.                     Limit discussion by Council Members so that no member speaks more than once on an agenda item until every other member choosing to speak has spoken

4.                     Decide all questions by Order subject to appeal to the Council by any two members.

C.                     President Pro-Tempore

i.                     The President Pro-Tempore shall chair any Regular Meeting for which the President is absent. 

ii.                     The President Pro-Tempore shall chair any Standing Meeting for which the Chair of the Committee on Finance and Law and President are both absent. 

iii.                     Approves invoices submitted by the Council President.

D.                     Clerk. 

i.                     The Clerk of Council shall prepare for each Committee meeting at least five days before such meeting, a calendar list of all matters that have been submitted to Council and that are un-disposed of, giving a statement of the present condition of each resolution or ordinance, and of any action that has been taken thereon; and shall furnish the same to each member of Council at the meeting of the Committee.

ii.                     The Clerk of Council shall keep a journal whereon shall be bulletined all bills, ordinances or resolutions as received by the Clerk, as well as the course of procedure, and final disposition of such, which journal shall be open to all

 

III. MEETINGS

SECTION 1. Meetings, Generally.

A. Regular Meetings. The regular meetings of Council shall be held on Tuesday at 10:00 a.m. at least fifty weeks during the calendar year.  Regular Meetings shall meet in such order as provided in Rule V.

B. Standing Committee Meetings. All standing committees of Council shall meet on Wednesday of each of the weeks during which regular meetings of Council are held and on such succeeding days as the committee may determine. All standing committee meetings shall begin at 10:00 a.m. each day. Committees shall meet in such order as provided in Rule VI.

 

C. Special meetings. Special meetings are a separate session of Council held at a time different from that of any regular meetings and convened only to consider business specified in the call of the meetings. The purpose of a Special Meeting is to deal with matters arising between regular meetings of Council, but that require action by Council before the next regular meeting. Special meetings of Council shall be called by the Clerk at the order of the President, or of any standing committees of Council, or of one-third of all Council members, or of the Mayor. However, such call shall be in writing, shall specify the purposes for which the call was made, shall be signed by the parties ordering the call and shall be entered by the Clerk in her minute books. The Clerk shall give written notice to the members of any special meeting not less than twenty-four hours previous to such meeting.


D. Post-Agenda Meetings. Post-Agenda Meetings are information gathering sessions sponsored by City Council. Specific guests are invited, at the request of the Member who called the meeting, to share their expertise with Council on target subject. The format of Post-Agenda meetings are determined by the Chair of the meeting. Post-Agendas are open to the public. There is, however, no public comment period. Any Council Member can request a Post-Agenda Meeting by making a motion, receiving a second and an affirmative vote of a majority of Council Members present.  

E.  Public Hearings. Public hearings are called in order to receive input from the public.  They can be called by a valid petition, by City Council, or by statutory mandate.  Public Hearings are further defined in Rule VI.

 

F. Executive Sessions. According to State Law, Executive Sessions are defined as follows:

i.  Purpose. Council may hold a meeting from which the public is excluded for one or more of the purposes as defined in State law.

(1)  To discuss any matter involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of performance, promotion or disciplining of any specific prospective public officer or employee or current public officer or employee employed or appointed by the agency, or former public officer or employee, provided, however, that the individual employees or appointees whose rights could be adversely affected may request, in writing, that the matter or matters be discussed at an open meeting. The agency's decision to discuss such matters in executive session shall not serve to adversely affect the due process rights granted by law, including those granted by State law. The provisions of this paragraph shall not apply to any meeting involving the appointment or selection of any person to fill a vacancy in any elected office.

(2)   To hold information, strategy and negotiation sessions related to the negotiation or arbitration of a collective bargaining agreement or, in the absence of a collective bargaining unit, related to labor relations and arbitration.

(3)   To consider the purchase or lease of real property up to the time an option to purchase or lease the real property is obtained or up to the time an agreement to purchase or lease such property is obtained if the agreement is obtained directly without an option.

(4) To consult with its attorney or other professional advisor regarding information or strategy in connection with litigation or with issues on which identifiable complaints are expected to be filed.

(5) To review and discuss agency business which, if conducted in public, would violate a lawful privilege or lead to the disclosure of information or confidentiality protected by law, including matters related to the initiation and

conduct of investigations of possible or certain violations of the law and quasi-judicial deliberations.

ii.  Attendance. Council may admit to an executive session persons necessary to carry out the purpose of the meeting. The persons may include, but are not limited to, agency staff, legal and technical advisors and individuals and their representatives who may be affected by matters to be discussed at an executive session. Council may also meet with auditors and legislative investigatory committees in an executive session.

iii.  Procedure. An executive session may be held during an open meeting, at the conclusion of an open meeting or may be announced for a future time at an open meeting. If Council conducts an executive session which was not announced at an open meeting, the agency shall give each of its members at least 24 hours’ notice in advance of the time of the meeting unless all of the members of Council by unanimous agreement waive the requirement for the notice.

iv.  Notice. At the open meeting occurring immediately prior or subsequent to an executive session, the agency shall announce and include within its minutes, the date, time, location and purpose of the executive session. The purpose of an executive session may be explained by a general reference to the types or categories of subjects discussed at the session and need not identify with specificity persons or matters considered during the meeting.

v.  Official action. Unless otherwise provided by law or exempt under State law (PA § 1.59 relating to exemptions), a meeting at which a quorum of the members of Council take official action with regard to matters discussed at an executive session shall be open to the public.

vi.  Minutes. The agency shall keep minutes of each executive session in the same manner required by State law (relating to minutes) for open meetings. The minutes of executive sessions do not constitute records available for public inspection and copying.

vii.  Violation of Confidentiality

 (1)  Any Council member present at an executive session to have been found to divulge information determined to be attorney client privilege may be fined in an amount up to $500, with the approval of a majority of Council members, and/or censured by a vote of a majority of Council members. The fine and/or censuring shall be acted on during a Council Meeting and shall be consistent with State law, Roberts Rules of Order, and the Rules of Council.

 

G.  Briefings or Informational Sessions.  Briefings, presentations, or informational sessions may take place with individuals or a group of members of Council, provided that a quorum of members are not present. 

 

SECTION 2. Quorum.  A quorum shall consist of a majority of the members elected. This applies to committees as well as to regular or special meetings of Council.  A quorum shall not be required for Executive Session or Post-Agenda meetings. 

SECTION 3. Members Attendance. Any Council Member not present at any Regular, Standing, or duly called Special Meeting of Council shall be fined the sum of twenty dollars ($20.00), unless excused by the Council for sickness or other unavoidable causes, and any such fine or fines imposed shall be deducted from the salary of such offending member.  Members may participate and vote by telephone or video conference at public meetings in lieu of physical presence.  Participation by phone shall be permitted when members are unable to be physically present at a meeting due to: illness or disability, travel for City business, or family or other major emergency.  Telephone attendance of a Council Member for purposes of voting on a quasi-judicial matter at a Council meeting is prohibited. 

SECTION 4. Public Attendance.

A.                     Open Meetings. All meetings of Council and committees shall be open to the public, subject to the right of Council to establish an enclosure beyond which passage may be limited to the members, officers and staff of Council, the Mayor, City Controller, heads of departments, and persons assigned to duty by the President and subject to the regulation of cameras, lights, and recording and transmitting equipment so as not to interfere with the orderly conduct of Council.

B.                     Persons Invited to the Committee Table. No person shall be heard or seated at the Committee table unless invited by the Chairman of the Committee in session and with the unanimous consent of the members present.

 

C.                     Public Comment.

i.                     In compliance with Pennsylvania Act 93 of 1998, opportunity for comment by residents or taxpayers of the City will be provided as the first order of business at any special meetings of Council and at the weekly Standing Committee Meeting and as the second order of business at the weekly Regular Meeting of Council. Comment is limited to matters of concern, official action or deliberation which are or may be before Council, and unless determined otherwise by a majority of Council Members present; is limited to three (3) minutes per individual.

ii.                     After the comment period in a Council meeting has ended, if a resolution or ordinance is added to the agenda or amended to make its substance differ, residents or taxpayers shall be provided an additional opportunity to comment on the addition or amendment before a final vote is taken. In the event there is not sufficient time for comment, Council may defer the comment period as permitted by Act 93 of 1998.

iii.                     The public comment period shall be recorded.

 

VI. STANDING COMMITTEES

SECTION 1. There shall be the following standing committees.

B.                     A.  Committee on Finance and Law, which shall have the charge of and jurisdiction over all ordinances, resolutions, bills, papers and other matters relating to:

1. Bond and Debt Issuance

2. City Banking/ Investment

3. Creation of Offices or Positions of any kind

4. Department of Finance

5. Enterprise Resource System

6. Equal Opportunity Review Commission (EORC)

7. Ethics

8. Law Department

9. Multi-year Capital Improvement Program

10. Office of Management and Budget, Operating & Capital Divisions

11. Pension Fiscal

12. Real Estate

13. Taxation

14. Treasurer

 

C.                     Committee on Public Safety, which shall have charge of and jurisdiction over all ordinances, resolutions, bills, papers and other matters of every kind pertaining to:

1.                     Bureau of Animal Control

2.                     Bureau of Fire

3.                     Bureau of Police

4.                     Citizens Police Review Board (CPRB)

5.                     Department of Public Safety

6.                     Emergency Management Agency (EMA)

7.                     Emergency Medical Services (EMS)

8.                     Emergency Operations and Communications

9.                     Homeland Security

 

D.                     Committee on Public Works, which shall have charge of and jurisdiction over all ordinances, resolutions, bills, or papers affecting or pertaining to:

1.                     Construction and maintenance of Public Works

2.                     Department of Public Works, and the Bureaus of:

a.                     Bureau of Administration

b.                     Bureau of Operations

c.                     Bureau of Environmental Services

d.                     Bureau of Transportation & Engineering

3.                     Facilities Operation and Maintenance (Not Parks or Recreation related)

4.                     Forestry & Shade Tree Commission

5.                     Public Right-of-Way management

6.                     Public Right-of-Way maintenance

7.                     Streets Lighting

 

E.                     Committee on Human Resources, which shall have charge of and jurisdiction over all ordinances, resolutions, bills, or papers affecting or pertaining to:

1.                     Benefits

2.                     Department of Personnel and Civil Service

3.                     Equal Employment Opportunity  Commission (EEOC)

4.                     Human Relations Commission (HRC)

5.                     Job Training Partnership Act (JTPA)/Pittsburgh Partnership/Workforce Investment Act (WIA)

6.                     Office of Municipal Investigation (OMI)

7.                     Payroll Administration/System

8.                     Pension Benefits Administration

9.                     Personnel (inclusive of Salaries and Employment Numbers)

 

F.                     Committee on Land Use and Economic Development, which shall have charge of and jurisdiction over all ordinances, resolutions, bills, or papers affecting or pertaining to:

1.                     Art Commission

2.                     Community Development Block Grants (CDBG)

3.                     Conditional Use Permits

4.                     Department of Community Affairs (DCA) funding

5.                     Department of Community and Economic Development (DCED) funding

6.                     Department of City Planning

7.                     Department of Permits, Licenses, and Inspections (PLI)

8.                     Mapping and GIS

9.                     Historic Review Commission

10.                     Market Based Revenue Opportunities (MBRO)

11.                     Neighborhood Initiatives

12.                     Riverfront Development

13.                     Small Business Initiatives

14.                     Transportation Planning

15.                     Zoning

 

G.                     Committee on Urban Recreation, which shall have charge of and jurisdiction over all ordinances, resolutions, bills or papers pertaining to

1.                     Department of Parks and Recreation

2.                     Greenways

3.                     Libraries

4.                     Park Programming

5.                     Recreation Facilities Maintenance

6.                     Senior Centers and Programming

7.                     Special Events

8.                     Trails

9.                     Youth Policy

H.                      Committee on Innovation, Performance and Asset Management, which shall have charge of and jurisdiction over all ordinances, resolutions, bills, papers and other matters relating to:

1.                     311 Response Center

2.                     Cable Bureau

3.                     City Asset Inventory & Management

4.                     Department of Innovation and Performance (I&P)

5.                     Facilities Inventory and Management

6.                     Fleet Maintenance, Repair and Alteration

7.                     Purchasing and Contracts

8.                     Information Technology

9.                     Data collection and analysis

10.                     Operational Performance Targets

11.                     Sustainability Initiatives

 

I.                     Committee on Intergovernmental Affairs, which shall have charge of and jurisdiction over all ordinances, resolutions, bills, or papers affecting or pertaining to:

1.                     Allegheny Regional Assets District (ARAD)

2.                     Authorities -Agreements

3.                     County

4.                     Congress of Neighboring Communities (CONNECT)

5.                     Federal

6.                     Local governmental cooperation agreements

7.                     Quasi-governmental cooperation agreements

8.                     Liquor Licenses

9.                     Pennsylvania Municipal League

10.                     Port of Pittsburgh

11.                     School Boards

12.                     State

13.                     Tourism-Visit Pittsburgh

 

J.                     Committee on Hearings (held by the President of Council), which shall have charge of the jurisdiction and scheduling of:

1.                     Appointments and Reappointments

2.                     Executive Sessions

3.                     Post-Agenda Meetings

4.                     Public Hearings

5.                     Public Meetings

6.                     Special Committees

7.                     Special Meetings

 

If any ordinances, resolutions, bills, papers and other matters could be under the jurisdiction of multiple committees, the City Clerk shall use their best judgement as to which committee to assign. 

 

SECTION 2. Order of Business. At the hour appointed for the Standing Committee meeting of Council, the Chairperson of the Committee on Finance and Law shall take the chair, and the Clerk shall proceed to call the roll and note the absentees, and no member shall depart without leave from the Chairperson. When the roll is called, either in Council or in committee, the name of the presiding officer shall be called last. In the absence of the Chairperson, the President of Council, and the President Pro-Tempore, the members shall elect a temporary Chairperson to chair that meeting, provided there be a quorum present. Should no quorum attend within thirty minutes after the hour appointed for the meeting, the Council shall thereupon stand adjourned, and all absentees shall be fined in accordance with Rule III, Section 3 hereof.

a.                     The order of business at all standing meetings of Council shall be as follows:

1.                     Comments from residents or taxpayers in accordance with Rule VI (c).

2.                     Roll call.

3.                     Standing committees in the order in which they are listed above.

4.                     Announcements.

 

SECTION 3.  SEATING AT STANDING COMMITTEE MEETINGS

Seating during Standing Committee meetings shall be at the Council Table, and shall be organized as follows:

A.  The Chairperson of the Committee on Finance and Law shall sit at the head of the Council table.

B.  The President of City Council, who is also the chair of the Committee on Hearings, shall sit to the right of the Finance Chair. 

C.  The President Pro-Tempore, who may be the chair of any of the other Committees, shall sit to the right of the President. 

 

SECTION 4. PROCEDURE FOR STANDING COMMITTEES

A. Each Standing Committee shall have charge and jurisdiction over all ordinances, resolutions, bills, papers and matter relating to those subjects enumerated above and such other business as may be referred to it by the Council.

B. Each standing committee shall be composed of all of the members of Council. The Chairperson of each committee shall be designated by the President of Council to serve for the same term or length or term for which the President of Council is elected.

C. The Rules of Council, as far as applicable, shall govern all committees of Council.

D. Committees will meet in the order set forth above, except as otherwise provided by order of Council or any Committee thereof.

E. All votes shall be taken via voice, unless the yeas and nays shall be required by law or demanded by any member.

F. The yeas and nays may be demanded on any question at any time before the next business is taken up.

 

V. REGULAR MEETINGS

SECTION 1. Order of Business. At the hour appointed for the meeting of Council, the President shall take the chair, and the Clerk shall proceed to call the roll and note the absentees, and no member shall depart without leave from the President. When the roll is called, either in Council or in committee, the name of the presiding officer shall be called last. In the absence of the President and the President Pro-Tempore, the members shall elect a temporary President Pro-Tempore to chair that meeting, provided there be a quorum present. Should no quorum attend within thirty minutes after the hour appointed for the meeting, the Council shall thereupon stand adjourned, and all absentees shall be fined in accordance with Rule III, Section 3 hereof.

The order of business at all stated meetings of Council shall be as follows:

1.                     Presentation of petitions, letters, memorials, remonstrances, proclamations, and ordinances, which may be referred to the appropriate committees, or otherwise disposed of, without debate.

a.                     Members shall have the right to confer proclamations upon any person or organization, recognizing them for an outstanding skill, service, or accomplishment, with the approval of the majority of City Council. Members shall also have the right to present proclamations directly to their recipients during a regular meeting of City Council, however such presentations shall be limited to two presentations per Member per meeting.

2.                     Comments from residents or taxpayers in accordance with Rule VI (c).

3.                     Presentation of papers.

4.                     Unfinished business.

5.                     Reports from standing committees

6.                     Reports from special committees.

7.                     Motions and resolutions.

8.                     Reading, correction and approval of the minutes of previous meeting or meetings where the same may not have been already read, corrected and approved shall be the last order of business.

The order of business at Special Meetings shall be the same as in the case of stated meetings, except the special business for which the meetings have been called shall be first considered. The reading, correction and approval of the minutes of previous meetings, not already read, correct and approved shall be the last order of business.

 

SECTION 2. PROCEDURE FOR REGULAR MEETINGS

A.  The title of every bill proposing an ordinance or resolution shall be read when presented for final vote. Any such bill shall be read at length when any member of Council shall so request.

B.  Any such bill may be amended at any time before final passage.

C.  All amendments made to any bill proposing an ordinance or resolution shall be printed for the use of members before the final vote is taken on the bill.

D. A member of Council shall not be permitted to conduct discussion on a bill during voting, or to explain his/ her vote, except where a Council Member may be allowed explain a vote of “abstain.”
E. When any bill, upon its final passage, received the votes of a majority of the members of Council present, but not a majority of those elected, such bill shall be considered as laid upon the table, and may be called up for further action, at the same or any subsequent meeting of Council.
F. All final action in adopting legislation shall be by roll call vote, and shall be by yeas and nays, and unless otherwise provided by law, shall require at least five affirmative votes for final passage.  The names of the persons voting for and against such bill shall be entered into the minutes of the meeting and the journal. 

VI. PUBLIC HEARINGS

SECTION 1. Public hearings may be granted to petitioners and remonstrates and in any other matters affecting public business which are within the jurisdiction of the Council. Such hearings shall be held on the day and at such time as may be fixed by the President of Council. The President of Council shall preside at all such hearings and shall arrange the calendar for same.

SECTION 2. No action or vote shall be taken on an ordinance, resolution, petition, remonstrance or communications at the time a hearing is held on the same.

SECTION 3. The President of Council shall schedule all public hearings for a date that is no more than 30 calendar days after a request is made by a majority of the Members of Council or a valid Petition for a Public Hearing is received by the City Clerk. In the exceptional circumstances when a public hearing within 30 days does not reasonably permit residents access and the right to be heard, the President shall schedule the Public Hearing as quickly thereafter as possible.

VII. SPECIAL COMMITTEES

SECTION 1. The President of Council may, from time to time, as conditions require, appoint special committees to investigate any matters pertaining to the city business, which committees shall submit their reports in writing.

SECTION 2. All reports from special committees shall be in writing and shall be signed by the Chairman or a majority of the members thereof. All papers with which a report deals shall be returned with the report. Nothing in this rule shall be construed to prevent the introduction of minority reports.

SECTION 3. The President of Council shall be ex-officio member of all special committees.

VIII. LEGISLATION

SECTION 1. No bill shall be introduced in Council unless deposited with the Clerk of Council by 12:00 noon Friday prior to the regular meeting of Council; but any member may present any bill or paper notwithstanding said rule, with the consent of the majority of the members present at any meeting of Council. All bills deposited with the Clerk from the Mayor, City Council Members or a department of the City must have accompanying documentation as to purpose, history and fiscal impact in a manner prescribed by Ordinance, the Council Budget Office, and the President of Council.

SECTION 2. Any bill proposing an ordinance or resolution, or any other matter to come before Council shall be presented by a Member or, and shall, in open meeting, be read by the Clerk by title.

The Clerk shall refer such bill to the proper committee, which committee may not consider such bill to the proper committee, which committee may not consider such bill until the 8th calendar day following the meeting in which the bill is introduced, except that referral to a committee shall not be necessary in the case of any such bill which by law may be passed finally on the day of its introduction. When returned therefrom, such bill shall be printed and a copy delivered to the Council office of each member at least forty-eight hours previous to a regular meeting of Council, or where possible, twenty-four hours previous to a special meeting of Council. 

SECTION 3. Standing Committees may not consider any bill until the 8th calendar day following the meeting in which the bill is introduced, except that referral to a committee shall not be necessary in the case of any such bill which by law may be passed finally on the day of its introduction. When returned therefrom, such bill shall be printed and a copy delivered to the Council office of each member at least forty-eight hours previous to a regular meeting of Council, or where possible, twenty-four hours previous to a special meeting of Council.

SECTION 4. No bill proposing an ordinance or resolution shall be passed containing more than one subject, which shall be clearly expressed in its title.

 

IX. MOTIONS

SECTION 1. Decorum. 

A.                     When any Council Member wishes to speak, he/she shall motion to the Chair.

B.                     When two or more Councilmembers motion to speak at the same time, the Chair shall designate the one who shall speak first.

C.                     When recognized, the Member shall, in a courteous manner, confine comments to the question under debate.

D.                      The Council Member who sponsors a Bill, Resolution, or motion shall have the privilege of speaking first upon it.

E.                     If any member transgresses the Rules of Council, the Chair shall or any member may, through the Chair, call the member to order.

F.                     In order to preserve order and decorum, the Chair may entertain a motion from any member to censure the member who is out of order. With a second and a majority vote, Council may express severe disapproval of the member who is out of order. The motion to Censure shall be recorded in the meeting minutes and the journal.

SECTION 2. Motions and Debate. 

A. Rules of Debate.

1.                     The Chair shall:

1.                     Rigidly enforce all rules adopted for the government of Council;

2.                     Preserve order and decorum in debate;

3.                     Prevent personal reflections and confine member to the question under discussion; and

4.                     Decide all questions of order, subject to appeal. 

 

B.  Motions. Motions shall be entertained in the order of precedence outlined in the 11th Edition of Robert's Rules of Order Newly Revised.

MOTION TO:

Second Required

Debatable

Amendable

Vote Required

May be reconsidered

Adjourn

Yes

No

No

Majority

No

Recess

Yes

No

Yes

Majority

No

Reconsideration

Yes

Yes

No

Majority

No

Lay on the Table

Yes

No

No

Majority

Yes

Take from the Table

Yes

No

No

Majority

No

Call the Question

Yes

No

No

2/3

Yes

Hold to a Certain Time

Yes

Yes

Yes

Majority

Yes

Commit to a Committee

Yes

Yes

Yes

Majority

Yes

Amend or Substitute

Yes

Yes

Yes

Majority

Yes

Hold Indefinitely

Yes

Yes

No

Majority

Only affirmative vote

 

 

C.  Point of Order. The Chair shall decide all points of order. If dissatisfied with the decision of the Chair, any Member may appeal the decision.

B.                     No Member may speak more than once on an appeal without the consent of a majority of the Council Members in attendance.

C.                     In all cases of appeal, the member challenging the question shall be: "Shall the decision of the Chair be sustained?"

D.                     The decision in response to the appeal shall be by majority vote of the Council Members in attendance. In case of a tie vote, the decision of the Chair shall stand.

 

D.  Censure.  The Chair may, or any member may, through the Chair, call on Council to Censure a member who is out of order.  With a second and a majority vote, Council may express severe disapproval of the member who is out of order.  The motion to Censure shall be recorded in the meeting minutes and the journal. 

 

E.  Call the Question. A Councilmember may make a motion to Call the Question (also known as Previous Question) to end debate on an immediate pending motion. This motion requires a second and a two-thirds vote in favor.

 

F.  Hold to a Certain Time. To postpone a question to a certain time, and within limits, the motion shall state a definite date, meeting, or hour, or until after a certain event.

 

G.  Lay on the Table

i. A majority of the Council may decide to temporarily halt consideration of a question immediately and without debate during a meeting. The maker of a motion to Lay on the Table must state the reason for the motion. A motion that has been laid on the table may be brought back by a motion to Take from the Table before that meeting is adjourned.

ii. Once a question has been laid on the table, it can be taken from the table by a majority vote of those present, as soon as the interrupting business has been disposed of or whenever no other question is pending.

 

H.  Hold Indefinitely. The Council can decide not to take a direct vote or position on a main question by disposing it with a motion to Hold Indefinitely. The question may not be brought back again during the legislative session.  

 

X. COUNCIL EXPENDITURES

SECTION 1.  An individual Council Member may expend funds from their own Council Member budget account for the following purposes:

A.  Donations without consideration.

B.  Staffing and consulting through the following procedures:

1.                     When a temporary employee’s total annual payment amount will exceed $10,000, the employing Councilperson shall assure that the temporary employee enters into a contract with the Clerk’s Office, and the contract shall include a detailed list of duties, the nature of work to be performed and a specific rate of pay (hourly wage) commensurate with the work to be performed. Time cards must be submitted to the City Clerk on a bi-weekly basis and the individual employing Council Member must sign off on all requests for payment.

2.                     When any Professional Services matter will result in expenditures in excess of $1,000 annually, the employing Councilperson shall assure that the individual or entity providing such professional services shall enter into a contract that will include a scope of services detailing the nature of the work to be performed, the duties to be performed and a specific rate of pay, including a “not to exceed” amount. Professional services shall also include a verifiable description of qualifications of the individual or firm chosen to perform the service. Members are encouraged to utilize existing resources such as universities or firms which specialize in the desired product.

C.  Travel, education, and training of staff and members.  All reimbursable travel or education and training must first be approved by the President of Council.  The President or his staff’s travel, education, or training must first be approved by the President Pro-Tempore. 

 

SECTION 2.  The expenditure of funds from Council Member budget accounts shall be done through the following procedure:

1.                     All reimbursable travel or education and training must first be approved by the President of Council.  The President or his staff’s travel, education, or training must first be approved by the President Pro-Tempore. 

2.                     Before any miscellaneous service expenditure or professional service contracts by Council are introduced they must first be approved by the President of Council. The President of Council’s expenditures shall be approved by the President Pro Tempore.

3.                     In order to allow time for review, all invoices must be submitted by end of business Friday to be included on the following week’s agenda. Any submission after Friday will be held until the following week. All invoices must be filled out completely in a form determined by the City Clerk, signed by the Council Member and the President, and include all backup documentation including but not limited to:

1.                     Receipts of expenditures for reimbursement.

2.                     Time cards for employees, including rate of compensation.

3.                     Duties performed and nature of work completed.

4.                     Social Security Number of employee.

5.                     Tax I.D. Number for non-profit entities.

6.                     Description of qualifications of individuals or organizations performing tasks.

 

SECTION 3.  As a rule, the budgeted salary account is only permitted to be used for payment of staff salaries. If at any time a budget transfer between miscellaneous services and salaries is necessary, upon an explanation of the basis for each transfer, such transfers must be approved through the formal legislative process.  The vehicle allowance line item shall be treated in the same manner. 

 

SECTION 4.  When a Councilmember is fined, the fines shall be donated to the Greater Pittsburgh Community food bank.  In the event of a fine, the fine shall be withheld from the Council Members paycheck, and the City Clerk shall transfer the amount of the fine from Council salaries, account 101100.51101, to Clerk grants, account 101200.58101, and then process a payment from that account to the Greater Pittsburgh Community food bank, or its successor organization. 

 

XI. INVOICES

 

A.  Departmental invoices Three Thousand Dollars ($3,000.00) or below with a purpose that is not covered under a contract with the City of Pittsburgh may be paid by the City Controller after the invoices have been placed on City Council’s Standing Committees agenda under the Committee on Finance and Law and approved.

 

B.  P-Cards:  Invoices for Purchase Card (P-Cards) purchases shall be presented for action in a manner prescribed by the Council Budget Office and approved by the President of Council. 

 

XII. HEARINGS ON INTERMUNICIPAL LIQUOR LICENSE TRANSFERS

A. To request a transfer of a liquor license from within Allegheny County pursuant to 40 PA.C.S.A. §4-461, the applicant shall file a completed application with the City Clerk, which the City Clerk shall immediately distribute to all City Council members. The City Clerk will attempt to verify the accuracy of all information in the application, particularly liquor law violations and misdemeanor or felony convictions of owners.

 

B.  Within 45 days of submission of the completed application, City Council shall schedule a public hearing and vote to approve or deny the application.

 

C. Notice:

 

1.                     Notice of the date, time, and place of the hearing shall promptly be mailed to the applicant.

2.                     Notice of the application and date, time, and place of the hearing shall promptly be mailed by the City Clerk to abutting property owners, including property owners across the street from the subject property and to registered community development organizations serving the subject neighborhood.

3.                     Public notice of the application and date, time, and place of the hearing shall be posted on weatherproof signs provided by the City Clerk on the property to which the applicant has requested transfer of the license. At least one sign shall be posted for each one hundred (100) feet of street frontage up to a maximum of ten (10) signs. Required signs shall be placed along the perimeter of the subject property in locations that are clearly legible from adjacent public streets. The applicant shall submit a photograph of the sign posted on the property to evidence compliance with the posting requirement. The required sign(s) shall be posted at least seven (7) days before the hearing.

4.                     In addition, City Council shall invite to such hearings a Liquor Control Enforcement official and a Liquor control Board Licensing official.

5.                     The public hearing shall be conducted as follows:

a.                     Any Council member who has previously expressed a bias regarding the transfer at issue shall recuse him/herself from the hearing as well as the votes for preliminary and final approval.

b.                     The applicant may appear in person or by counsel.

c.                     Procedure:The applicant or the applicant's counsel shall make an opening statement in support of their request for the transfer.

d.                     Council members shall have the opportunity to examine the applicant or the applicant's counsel.

e.                     The applicant may present witnesses to speak in favor of the requested transfer.

f.                     Council members shall have the opportunity to examine the applicant's witnesses.

g.                     Abutting property owners opposing the transfer shall have the opportunity to present their reasons for opposition.

h.                     The applicant or the applicant's counsel shall have the opportunity to cross-examine such opposing witnesses.

i.                     The opposing witnesses shall have the opportunity to rebut testimony from the applicant or the applicant's witnesses and to make a closing statement.

j.                     The applicant or the applicant's counsel shall then have the opportunity to rebut the opposing witnesses' testimony and to make a closing statement.

6. Decision:

a.                     City Council must approve the application unless it finds that doing so would adversely affect the welfare, health, peace and morals of the City of Pittsburgh or its residents.

b.                     Notice of City Council's approval or denial of the application shall be mailed to the applicant at the address given in the application. (Resolution 304 of 2002)

 

D.  The cost of the permit application shall be set by the City Clerk in a manner consistent with the City Code.