Title
Resolution updating and amending the Rules of Council.
(Executive Session held 11/14/22)
(Public Hearing held 12/15/22)
Body
WHEREAS, the Sunshine Act was amended in 2021,
WHEREAS, the Law Department made recommendations for updates and amendments to the Rules of Council,
WHEREAS, it is the desire of Pittsburgh City Council to operate within parameters of the amended Sunshine Act, the Home Rule Charter, in the publics’ best interests:
BE IT RESOLVED BY THE COUNCIL OF THE CITYOF PITTSBURGH AS FOLLOWS:
Section 1. The Rules of Council shall be amended as follows:
SEE ATTACHMENT
Attachment
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. The words “City Council,” “Council,” and “Council as a Body” are used interchangeably throughout these Rules. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identity of the person or entity may require.
SECTION 2. Suspension of Rules. No rule shall be suspended except by an affirmative vote of two-thirds of the Council 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 Council Members elected thereto, and after one week's previous notice to the members of Council Members in writing of such change desired to be [effected]affected.
II.ORGANIZATION
SECTION 1. Organizational Meeting.
A. At its organization meeting held on the first meeting of a new legislative-term, 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 Council President shall appoint a Council Member to Chair each of the Standing Committees set forth in Rule [VI] IV.
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:
a) Preserve order and decorum,
b) Name the Council Member who shall speak when two or more Mmembers address the Council President at the same time,
c) 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,
d) Decide all questions by Order subject to appeal to the Council by any two Mmembers.
ii. Council President shall at Standing Committee 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:
a) Preserve order and decorum,
b) Name the Council Member who shall speak when two or more Mmembers address
the Chair of Committee on Finance and Law at the same time,
c) 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, and
d) Decide all questions by Order subject to appeal to the Council by any two Council Mmembers.
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 Committee Meeting for which the Chair of the Committee on Finance and Law, and Council 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 Member 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.
E. Parliamentarian
i. The City Solicitor, or her designee, or the Solicitor to City Council, shall serve as Parliamentarian to Council to provide advice and compliance assistance with Robert’s Rules of Order on conducting Council meetings. A Parliamentarian advises on appropriate parliamentary procedure in specific circumstances such as necessary motions, advising on points-of-order, questions of quorum, etc.
ii. Questions other than those relating to Robert’s Rules of Order, relating to the Sunshine Act, legal interpretations or legal impressions of other relevant laws and regulations governing Council legislative meetings, Executive Sessions, or quasi-judicial proceedings held by Council are beyond the scope of Parliamentarian and involve the practice of law and shall be directed to the City Solicitor, or her designee, or the Solicitor to City Council for an opinion on the record, or in writing.
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, unless otherwise scheduled by a majority vote of Council.
B. Standing Committee Meetings. All Standing Ccommittees of Council shall meet on Wednesday of each of the weeks during which Regular Meetings of Council are held and or on such succeeding days as the committee may determine by majority vote of Council. All Standing Ccommittee meetings shall begin at 10:00 a.m. each day. Committees shall meet in such order as provided in Rule IV[I].
C. Special meetings. Special meetings are a separate session of Council held at a time different from that of any Regular Meetings or Standing Committee 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 or Standing Committee meetings of Council, but that require action by Council before the next Regular mMeeting or Standing Committee meeting. Special meetings of Council shall be called by the Clerk at the order of the President, or of any Chair of a Standing Ccommittees 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] the minute books for Council meetings. The Clerk shall give written notice to the Council Members of any Special meeting not less than twenty-four hours previous prior 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 Council 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 at any Regular Meeting or Standing Committee meeting of Council, 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.
a) 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 Council, 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 Council'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.
b) 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.
c) 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.
d) 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.
e) To review and discuss agency Council 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 Council staff, legal, and technical advisors, and as well as 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 Council shall give each of its Council Members at least 24 hours’ notice in advance of the time of the meeting unless all of the members of Council Members 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 Council 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 Members take official action with regard to matters discussed at an Executive Session shall be open to the public.
vi. Minutes. The agency Council 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. 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 Members, provided that a quorum of Council Members are not present.
SECTION 2. Quorum. A quorum shall consist of a majority of the Council Members elected. This applies to Standing Committees, Regular Meetings of Council, or Special Meetings of Council. A quorum shall not be required for Executive Session, Public Hearings, or Post-Agenda meetings.
SECTION 3. Members’ Attendance. Any Council Member not present at any Regular, Standing Committee, 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 Council Member. Council Members may participate and vote by telephone or video conference at public meetings in lieu of physical presence. Participation in a Regular, Standing Committee, or Special meeting by phone shall be permitted when Council 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-only attendance of a Council Member for purposes of voting on a quasi-judicial matter at a Council meeting is prohibited. Notwithstanding the foregoing, Council Members shall be permitted to participate in any Council meeting, including quasi-judicial proceedings, by videoconference platform supplied by the City for such purposes.
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 Council 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 Council Table. No person shall be heard or seated at the Committee Council table unless invited by the Chair[man] of the Committee in session and with the unanimous consent of the Council Mmembers 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 Regular, Standing Committee or 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] after roll call and adoption of the agenda.
ii. City Council’s public comment period is a limited public forum and Ccomments by residents or taxpayers is are appropriately limited to matters of concern, official action, or deliberation which are or may be before Council, and u. Unless determined otherwise by a majority of Council Members present[;], public comment is limited to three (3) minutes per individual. Commenters must state their name and neighborhood before they provide comments.
iii. Members of the public are responsible to deliver their comments in such manner as to not breach the order and decorum of City Council. Breaches of decorum include but are not necessarily limited to shouting, use of profanity or vulgarity, or speaking outside of allotted time. In addition, public comment may not be used for belligerent or abusive behavior including true threats, fighting words, or incitements to imminent lawless action.
iv. The Chair is charged with maintaining order and decorum during public comment and may interrupt a speaker to warn or direct an individual accordingly. If a commenter disobeys a directive from the Chair, the Chair may utilize any available remedies in accordance with applicable law or Robert’s Rules of Order to maintain order and decorum in Council chambers.
Council meetings are a limited public forum and commenters are encouraged to focus their comments to matters that are on the agenda. Use of curse words, slurs or threats are strongly discouraged.
a) The Chair can act to restrict badgering, constant interruptions, and disregard for the rules of decorum. Further, the Chair can act against conduct that is disruptive and combative such as insisting to speak on a topic not under discussion and then refusing to sit down. In addition to any of the penalties in Robert’s Rules of Order, the following consequences are available to the Chair for enforcing decorum: First offense, warning-gavel to return to decorum; second offense, second warning-gavel to return to decorum or be asked to forfeit the remainder of their time to speak for the day; and, third offense, third gavel to signal the offending commenter to forfeit the remainder of their time to speak at that meeting.
v. 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.
vi. The public comment period shall be recorded.
Section 2. Any ordinance, City Code, or City regulation inconsistent with these updates and amendments shall be voided and replaced with this Rule III.4.C. Public Comment of the Rules of Council.
[VI] IV. STANDING COMMITTEES
SECTION 1. There shall be the following Standing Committees.
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:
i. Bond and Debt Issuance
ii. City Banking/ Investment
iii. Creation of Offices or Positions of any kind
iv. Department of Finance
v. Enterprise Resource System
vi. Equal Opportunity Review Commission (EORC)
vii. Ethics
viii. Law Department
ix. Multi-year Capital Improvement Program
x. Office of Management and Budget, Operating & Capital Divisions
xi. Pension Fiscal
xii. Real Estate
xiii. Taxation
xiv. Treasurer
B. Committee on Public Safety and Wellness, which shall have charge of and jurisdiction over all ordinances, resolutions, bills, papers and other matters of every kind pertaining to:
i. Bureau of Animal Control
ii. Bureau of Fire
iii. Bureau of Police
iv. Citizens Police Review Board (CPRB)
v. Department of Public Safety
vi. Emergency Management Agency (EMA)
vii. Emergency Medical Services (EMS)
viii. Emergency Operations and Communications
ix. Homeland Security
C. Committee on Public Works and Infrastructure, which shall have charge of and jurisdiction over all ordinances, resolutions, bills, or papers affecting or pertaining to:
i. Construction and maintenance of Public Works
ii. Department of Mobility and Infrastructure
iii. 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
iv. Facilities Operation and Maintenance (Not Parks or Recreation related)
v. Forestry & Shade Tree Commission
vi. Public Right-of-Way management
vii. Public Right-of-Way maintenance
viii. Streets Lighting
D. Committee on Human Resources, which shall have charge of and jurisdiction over all ordinances, resolutions, bills, or papers affecting or pertaining to:
i. Benefits
ii. Department of Personnel and Civil Service
iii. Equal Employment Opportunity Commission (EEOC)
iv. Human Relations Commission (HRC)
v. Job Training Partnership Act (JTPA)/Pittsburgh Partnership/Workforce Investment Act (WIA)
vi. Office of Municipal Investigation (OMI)
vii. Payroll Administration/System
viii. Pension Benefits Administration
ix. Personnel (inclusive of Salaries and Employment Numbers)
E. 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:
i. Art Commission
ii. Community Development Block Grants (CDBG)
iii. Conditional Use Permits
iv. Department of Community Affairs (DCA) funding
v. Department of Community and Economic Development (DCED) funding
vi. Department of City Planning
vii. Department of Permits, Licenses, and Inspections (PLI)
viii. Mapping and GIS
ix. Historic Review Commission
x. Market Based Revenue Opportunities (MBRO)
xi. Neighborhood Initiatives
xii. Riverfront Development
xiii. Small Business Initiatives
xiv. Transportation Planning
xv. Zoning
xvi. Sustainability Initiatives
F. Committee on [Urban] Recreation, Youth and Senior Services, which shall have charge of and jurisdiction over all ordinances, resolutions, bills or papers pertaining to
i. Department of Parks and Recreation
ii. Greenways
iii. Libraries
iv. Park Programming
v. Recreation Facilities Maintenance
vi. Senior Centers and Programming
vii. Special Events
viii. Trails
ix. Youth Policy
G. Committee on Innovation, Performance and, Asset Management, and Technology, which shall have charge of and jurisdiction over all ordinances, resolutions, bills, papers and other matters relating to:
i. 311 Response Center
ii. Cable Bureau
iii. City Asset Inventory & Management
iv. Department of Innovation and Performance (I&P)
v. Facilities Inventory and Management
vi. Fleet Maintenance, Repair and Alteration
vii. Purchasing and Contracts
viii. Information Technology
ix. Data collection and analysis
x. Operational Performance Targets
H. Committee on Intergovernmental and Educational Affairs, which shall have charge of and jurisdiction over all ordinances, resolutions, bills, or papers affecting or pertaining to:
i. Allegheny Regional Assets District (ARAD)
ii. Authorities -Agreements
iii. County
iv. Congress of Neighboring Communities (CONNECT)
v. Federal
vi. Local governmental cooperation agreements
vii. Quasi-governmental cooperation agreements
viii. Liquor Licenses
ix. Pennsylvania Municipal League
x. Port of Pittsburgh
xi. School Boards
xii. State
xiii. Tourism-Visit Pittsburgh
I. Committee on Hearings and Policy (held by the President of Council), which shall have charge of the jurisdiction and scheduling of:
i. Appointments and Reappointments
ii. Executive Sessions
iii. Post-Agenda Meetings
iv. Public Hearings
v. Public Meetings
vi. Special Committees
vii. 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. STANDING COMMITTEE 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 Council 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 Council Mmembers 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 Committee Meetings of Council shall be as follows:
i. Roll Call [Comments from residents or taxpayers in accordance with Rule VI (c).]
ii. Council shall by majority vote move to adopt the agenda posted twenty-four hours in advance of the meeting. Council may by majority vote move to amend the agenda as needed before adoption. Council shall announce the purpose for amendment of the agenda prior to the vote to amend. [Roll call.]
iii. Comments from residents or taxpayers in accordance with Rule VI (c)Rule III(4)(c).
iv[3]. Standing Committees in the order in which they are listed above.
v[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 Members. 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 otherwise 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. REGULAR MEETING 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 Council 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 Council Mmembers 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.
A. The order of business at all stated Regular [m]Meetings of Council shall be as follows:
i. Roll Call.
[1] ii. Council shall by majority vote move to adopt the agenda posted twenty-four hours in advance of the meeting. Council may by majority vote move to amend the agenda as needed before adoption. Council shall announce the purpose for amendment of the agenda prior to the vote to amend. [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.]
iii. Comments from residents or taxpayers in accordance with Rule VI (c) Rule III(4)(c).
iv. Presentation of petitions, letters, memorials, remonstrances, proclamations, and ordinances, which may be referred to the appropriate committees, or otherwise disposed of, without debate.
a. Council 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. 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 three (3) presentations per Council Member per Regular Meeting.
v[3]. Presentation of papers.
vi[4]. Unfinished business.
vii[5]. Reports from Standing Committees.
viii[6]. Reports from Special committees.
ix[7]. Motions and resolutions.
x[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 Members 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 Council Mmembers before the final vote is taken on the bill.
D. [A member of] Council Members shall not be permitted to conduct discussion on a bill during voting, or to explain [his/ her] their 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 Members 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 of Council Members, and shall be by yeas and nays, and unless otherwise provided by law, shall require at least five affirmative Council Member 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, or assign another Council Member to 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 Members 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 Committee Chair or a majority of the Mmembers 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 Council Member may present any bill or paper notwithstanding said rule, so long as the introducing Council Member articulates an urgent reason, at the table and on the record, for the late introduction and obtains [with] the consent of the majority of the Council Members present at any the meeting of Council where the late bill is introduced. 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. If any ordinances, resolutions, bills, papers and other matters could be under the jurisdiction of multiple committees, the Clerk shall use their best judgement as to which committee chair to assign as the introducing Council Member for purposes of depositing legislation with the Clerk. No legislation shall be introduced unless a Council Member is assigned as a sponsor and introducing Council Member.
A. Protocols for Legislation Sent from the Mayor’s Office to City Council. Except for legislation introduced directly by the Mayor under Section 208 of the Home Rule Charter, all legislation requires a Council Member to sponsor said legislation for introduction. The Chair of the appropriate Standing Committee should be assigned as an introducing Council Member. The Mayor’s Office shall make its best efforts to notify potential introducing Council Members of any such proposed legislation before depositing with the Clerk. Failure to notify potential introducing Council Members of any such proposed legislation can result in delayed introduction of, or refusal to introduce, said bill.
B. Quasi-judicial Proceedings. When acting on a matter subject to the Local Agency Law, Council shall conduct a hearing subject to the requirements of that law and City Code.
i. Notice of such hearings shall be provided to all parties consistent with the requirements of City Code;
ii. Parties shall be permitted the opportunity for reasonable examination and cross-examination of witnesses;
iii. Parties shall have the opportunity to stenographically record all hearings;
iv. Council shall issue a written record of its decision within 30 days of taking a final vote on a matter;
a) Where applicable, Council may adopt the findings, conclusions, and recommendations of the subordinate reviewing body in its decision;
b) The decision shall be mailed to all parties upon execution.
SECTION 2. Any bill proposing an ordinance or resolution, or any other matter to come before Council shall be presented by a Council Member or, and shall, in open meeting, be read by the Clerk by title.
The Clerk shall refer such bills 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 b Bills shall be printed and a copy delivered to the Council office of each Council 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 Members wish[es] to speak, [he/she] they shall motion to the Chair.
B. When two or more Council Members motion to speak at the same time, the Chair shall designate the one who shall speak first.
C. When recognized, the Council 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 Council Member transgresses the Rules of Council, the Chair shall or any Council 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 Council Member to censure the member who is out of order. With a second and a majority vote, Council may express severe disapproval of the Council 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.
i. The Chair shall:
a) Rigidly enforce all rules adopted for the government of Council;
b) Preserve order and decorum in debate;
c) Prevent personal reflections and confine Council Members to the question under discussion; and
d) 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 Council Member may appeal the decision.
i No Council Member may speak more than once on an appeal without the consent of a majority of the Council Members in attendance.
ii In all cases of appeal, the Council Member challenging the question shall be: "Shall the decision of the Chair be sustained?"
iii 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 Council 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 Council Member 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. The question will die if not raised again by motion, and approved by a super majority or unanimous consent of Council, within the same legislative term in which it was held indefinitely hereunder.
X. COUNCIL EXPENDITURES
SECTION 1. An individual Council Member may expend funds from their own Council Member budget account for any lawful purpose, including the following purposes:
A. Donations without consideration of $5,000 (five thousand dollars) or less.
B. Staffing and consulting through the following procedures:
i When a temporary employee’s total annual payment amount will exceed $10,000, the employing Councilperson Member shall assure that the temporary employee is hired for a lawful purpose under the Home Rule Charter, state, federal, and local law and enters into a contract with the Clerk’s Office the appropriate administrative unit(s) of Council, either the specific Council District(s) or Council as a Body, 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. Timecards Time cards must be submitted to the City Clerk on a bi-weekly basis and either Council President (when the temporary employee is working for Council as a Body), or the individual Council District(s) employing Council Member(s) must sign off on all requests for payment.
ii When any Professional Services matter will result in expenditures in excess of $1,000 annually, the employing Councilperson Member 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. Council 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 Council Mmembers. All reimbursable travel or education and training must first be approved by the President of Council. The President or [her/his] the President’s staff’s travel, education, or training must first be approved by the President Pro-Tempore.
D. In the event any questions or concerns are raised by any Council Member, the public, Council’s Budget Division, or the Controller, about the lawfulness of an expenditure, then they shall be brought to the attention of the City Solicitor or the Solicitor to City Council, in writing, for an official opinion before a Council Member commits to making said expenditure.
SECTION 2. The expenditure of funds from Council Member budget accounts shall be done through the following procedure:
A. All reimbursable travel or education and training must first be approved by the President of Council. The President or [his] the President’s staff’s travel, education, or training must first be approved by the President Pro-Tempore.
B. 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.
C. 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] Budget Director for City Council, signed by the Council Member and the President, and include all backup documentation including but not limited to:
i Receipts of expenditures for reimbursement.
ii Time cards for employees, including rate of compensation.
iii Duties performed and nature of work completed.
iv Social Security Number of employee.
v Tax I.D. Number for non-profit entities.
vi 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 Council Member 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 ]Budget Director for City Council shall transfer the amount of the fine from Council salaries, account 101100.51101, to [Clerk] Council as a Body 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] Five Thousand Dollars ($35,000.00) 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 within the councilmanic amount of $5,000 shall appear on the Standing Committee agenda on a separate list in a form approved by the President of Council.
i. An invoice for P-Card purchases will not be deemed approved until it has received an affirmative vote of a majority of Council Mmembers.
ii. City Council will have the discretion to:
a) hold any item(s) on the P-Card agenda through a majority vote. The item(s) will appear at the next available Standing Committee meeting.
b) delete any item(s) on the P-Card agenda through a majority vote.
c) refer any item(s) to the P-Card dispute resolution Finance & Law committee.
iii. Council Members and Council staff purchases using P-Cards are subject to the provisions of Rule X. Council Expenditures.
C. Bid commodity contracts, per section 161.01of the City code shall appear on the Standing Committee agenda on a separate list in a form approved by the President of Council.
i. A contract bid will not be deemed approved until after it has received an affirmative vote of a majority of Council Members.
ii. City Council will have the discretion to:
a) hold any item(s) on the Bid Contract agenda through a majority vote. The item(s) may appear at the next Standing Committee meeting.
b) delete any item(s) on the Bid Contract agenda through a majority vote.
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:
i Notice of the date, time, and place of the hearing shall promptly be mailed to the applicant.
ii 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.
iii 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.
iv In addition, City Council shall invite to such hearings a Liquor Control Enforcement official and a Liquor control Board Licensing official.
D. v. Public Hearings for Liquor License. The Public Hearing shall be conducted as follows:
i. 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.
ii. The applicant may appear in person or by counsel.
iii. Procedure: The applicant or the applicant's counsel shall make an opening statement in support of their request for the transfer.
iv. Council Members shall have the opportunity to examine the applicant or the applicant's counsel.
v. The applicant may present witnesses to speak in favor of the requested transfer.
vi. Council Members shall have the opportunity to examine the applicant's witnesses.
vii. Abutting property owners opposing the transfer shall have the opportunity to present their reasons for opposition.
viii. The applicant or the applicant's counsel shall have the opportunity to cross-examine such opposing witnesses.
ix. The opposing witnesses shall have the opportunity to rebut testimony from the applicant or the applicant's witnesses and to make a closing statement.
x. The applicant or the applicant's counsel shall then have the opportunity to rebut the opposing witnesses' testimony and to make a closing statement.
vi. 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).
ED. The cost of the permit application shall be set by the City Council Clerk in a manner consistent with the City Code.
Section 2. Any ordinance, City Code, or City regulation inconsistent with these updates and amendments shall be voided and replaced with these Rules of Council.