CITY OF SHERIDAN

COUNCIL RULES OF PROCEDURE

RULE I
COUNCIL PROCEDURE

As required by Section 3.1 of the Charter these Rules of Procedure are to set forth the day and
hour of Council’s regular meetings and, to the extent such issues are not addressed in the Charter, Code or
other applicable law, govern the actions of city council in the conduct of its business and serve as a
reference in resolving procedural issues. Upon taking office all Councilors shall review and become
familiar with the Rules of Procedure.

RULE II
CONDUCT OF COUNCIL MEETINGS

A. Regular Meetings/Business Meetings/Study Sessions – Scheduling

1. Regular meetings of the Sheridan City Council shall consist of “business meetings” and “study
sessions” also known as "work sessions". As a general proposition, business meetings will be held at
7:00 p.m., on the second and fourth Monday of each month and work sessions will be held at 6:00 p.m.,
on the second and fourth Monday of each month. Generally, all work sessions shall be held in the
Community Room and business meetings shall be held in the Council Chambers at City Hall.

2. Work sessions will provide Council with an opportunity to explore and discuss in detail
matters that have been placed on the work session agenda. Members of the public, speakers, or persons
(not including City staff or consultants) presenting information to Council at work sessions shall be
allowed to address Council only with the approval of the majority of the Council present at the work
session or as previously approved by the Mayor or a majority of Council present when setting the agenda
for such sessions. Work sessions shall also be utilized to review and establish upcoming agendas for both
work sessions and business meetings. No final action shall be taken at work sessions.

3. Business meetings present the appropriate forum for formal City Council action. Business
meetings shall also provide an opportunity for general public input and comment as well as scheduled
public hearings. Proclamations, public recognitions and awards are appropriate to business meetings as
are committee reports from Council Members.

4. Special meetings may be in the nature of either a business meeting or work session.

B. Attendance at Other Entity Meetings and Social Gatherings.

1.This rule is to permit the City to be represented by its elected officials at meetings of other
entities, including, without limitation, intergovernmental organizations, neighborhood organizations,
business and service organizations, and other organizations or groups with whom the City has a
relationship.

2.Councilors may attend social gatherings or meetings of other groups without the public notice
required by the Open Meetings Law, C.R.S. § 24-6-401, et seq., however public notice must occur when
three or more councilors attend and the meeting is convened to discuss public business.

C. Council Packets/Agenda Items

Res. 25-2011; Res. 18-2017

Sheridan City Council Rules of Procedure
Page 2
1. Council packets containing the agenda and applicable documents shall be distributed to
councilors on Friday preceding the Monday council business meeting or work session. While staff will
strive to provide all relevant documents as a part of the council packet, upon the approval of the Mayor or
two Councilors, additional documents may be provided after the packet has been distributed.
Each councilor is responsible for thoroughly reviewing all material within the packet prior to the
applicable meeting. If a councilor has a question or issue for the staff, city manager or attorney, the
councilor should contact the manager, appropriate staff member or attorney within a reasonable time prior
to the meeting so he/she may prepare a response or be prepared to respond.

2. Direction for preparation of an agenda matter shall be considered under “Mayor or Councilor's
Choice” at work sessions or business meetings. The request of at least a majority of the councilors
present is required to direct staff to expend substantial time on any matter. The Mayor may set the order
of the agenda. As standard procedure, agenda items should not be added or deleted after the agenda has
been finalized by the city clerk’s office, but such may occur with the consent of the Mayor and in
accordance with applicable laws such as open meetings notice requirements.

3. The Mayor may delegate to the city manager the preparation of the council agenda. The
agenda may be modified by the Mayor, city manager or three councilors within 24 hours of a meeting or
work session, subject to compliance with legal notice requirements and notice to councilors (such as
personal, written, telephonic and electronic communications). A councilor may request the Mayor or city
manager to modify the agenda, subject to the discretion of the Mayor or manager to comply with such
request.

D. Mayor's Duties

1. The Mayor shall, at the designated date and time, call the council to order and upon
ascertainment of a quorum proceed with business.

2. As the council chair, the Mayor is responsible for conducting the meeting in an orderly and
democratic fashion, and

a) Shall decide all questions of order, subject to a member’s right to appeal to the
council as a whole;

b) May speak to points of order in preference to other councilors;

c) May speak on questions from the chair;

d) Shall appoint, where applicable, all committees, whether standing, joint or

special, unless council provides otherwise;

e) May call a recess at any time during a meeting to determine a rule of order or at
the request of a majority of council or for the convenience of councilors or staff.

f) Ensure that all discussions are related to the topic at issue.

g) Shall announce the result promptly upon completion of every vote.

h) Shall sign all ordinances and resolutions passed by Council.

3. Removal For Disorderly Conduct.

Sheridan City Council Rules of Procedure
Page 3

In the event any person(s) interrupts the business of city council or causes a disorder, the Mayor
may require such person to cease such behavior and/or leave council chambers or the meeting room.
Should such person fail to comply, the Mayor may request a police officer be summoned and have such
person removed.

4. In the absence or inability of the Mayor to serve, the Mayor pro tem shall preside and have all
powers and duties of the Mayor.

E. Members’ Duties

1. If, at the time of the meeting, the Mayor and Mayor pro tem are absent, then the city clerk or
clerk’s deputy shall call the council to order and the first order of business shall be the election by all
members present of a member who shall be the acting Chair. In the absence of the Mayor or Mayor pro
tem, such acting Chair shall preside for the remainder of the meeting with all the powers and privileges of
the Mayor.

2. If it is necessary for a councilor to be absent from a scheduled meeting, it is the responsibility

of that member to notify the office of the city clerk or the Mayor.

3. Councilors should be on time for all meetings and promptly return from any recess or break.

RULE III
ORDER OF BUSINESS

A. Business Meetings

After the Mayor’s Call To Order, council will generally consider business in the following order:

1. Roll call

2. Invocation

3. Pledge of Allegiance

4. Approval of Agenda

5. Proclamations, Recognitions and Awards

6. Public Comment

7. Staff Reports

8. Minutes

9. Consent Agenda

10. Public Hearings

Sheridan City Council Rules of Procedure
Page 4
11. Items for Individual Consideration:

a. Ordinances, Second Reading

b. Ordinances, First Reading
c. Resolutions

12. Mayor’s Choice

13. Council Members’ Choice

14. Adjournment

Under “Mayor’s and Council Members’ Choice” councilors should limit their comments to
information obtained at “outside” meetings, events or conferences, which significantly impact the City
and may also discuss under “new business,” matters which any councilor desires to place before council
at a future business meeting or work session. Councilors should limit discussion of new business to a
brief review of the matter. If a majority of the councilors request that formal action be taken, the matter
shall be placed on the agenda for a future work session or business meeting. At such work session or
business meeting, councilors may discuss the specific details of the matter.

As to public comment, members of the general public shall first sign a public comment sheet
prepared by the city clerk, which requests each person desiring to speak list their name and address and
the matter they desire to speak about. The city clerk shall deliver the sheet to the Mayor, who will call the
names in the order which the persons have signed up. The Mayor shall ask all persons to state their name
and address prior to addressing Council. Each person shall be permitted to speak for five minutes.

B. Work Session

After the call to order, council will generally consider business in the following order:

1. Roll call

2. Work Session Agenda Items

In setting the agenda, councilors shall limit the number of matters to those which may
realistically be discussed within the allotted time.

3. General Comments of Council/Staff

4. Adjournment

C. Modification of Order of Business.

Unless an objection is raised by a councilor, the Mayor may proceed out of order or return to a
matter previously considered. In case of objection, the agenda’s order or reconsideration of a matter will
not be changed unless approved by a majority of council present.
Sheridan City Council Rules of Procedure
Page 5
D. Executive Sessions.

Executive sessions are held in accordance with Section 3.4 of the Charter and in compliance with
applicable law and/or ordinance. Executive sessions shall be placed on the agenda in such order as the
Mayor deems appropriate. The motion and vote to convene an executive session, passage of which
requires the affirmative vote of two-thirds of the quorum present, shall take place in Council Chambers,
or such other location as has been posted on the public notice of the meeting.

E. Confidentiality.

Each councilor shall respect the confidentiality required for issues of a sensitive nature, such as
personnel, legal or any executive session matters. Any councilor who discusses a confidential matter
publicly, or with a person who is not entitled to know about the matter, will be deemed to be derelict in
his or her duties within the meaning of Section 2.1 (A) of the City Charter.

A decision to breach confidentiality, or to waive a privilege, such as the attorney-client privilege,

shall only be made by the Council acting as a whole, whenever the confidentiality requirement or the
privilege applies to the City as a whole or to the Council as a whole. Any councilor who individually
breaches such confidentiality, or who purports to waive such a privilege will be considered to be acting
outside the performance of the councilor’s authority.

F. Miscellaneous

In the conduct of all meetings, councilors are to be guided by the principle that those matters
deemed most urgent and of the highest priority are to be resolved first.

RULE IV
RULES OF SPEAKING/DECORUM

A. Recognition

No councilor shall speak until such member has addressed and/or been recognized by the Mayor.

When a councilor is speaking no other councilor shall interrupt or conduct a private conversation.

B. Decorum

1. No councilor shall leave the chambers while the Mayor is putting a question or other
form of business to council, unless such councilor has a conflict of interest that would preclude
participation in the matter, or has otherwise recused him/herself from participation in the matter.

2. No councilor shall engage in conversation or commit any other act tending to distract the
attention of the Council from the business before it.

3. When speaking or debating, councilors shall confine their remarks to the question under
discussion or debate and shall not engage in discussion directed to personal matters or issues.
Councilors shall respect the divergent opinions and comments of others and shall not engage in
personal, verbal attacks or comments or behavior disrespectful of each other, staff, or other
persons.
Sheridan City Council Rules of Procedure
Page 6
C. Protest

Any councilor has the right to protest any action of council, stating the reasons therefor and have
same entered on the record, provided such reasons do not impugn the motives or personal character of
any councilor.

D. Limitation of Debate

When a matter is before Council for action, no councilor shall speak more than twice before all
councilors who wish to speak have spoken at least once.

RULE V
PARLIAMENTARY PROCEDURE

A. Making Motions

Any Council action, which requires a vote, must be preceded by a motion by a councilor. All
motions presented by any councilor require a second. The Mayor shall be entitled to participate in the
discussion of motions.

B. Precedence of Motion

When a main motion is before Council, no subsidiary motion shall be entertained except: (a) to
fix the hour of adjournment, (b) to adjourn, (c) to lay on the table, (d) for the previous question, (e) to
postpone to a certain day, (f) to refer, and (g) to amend. These motions shall have precedence in the order
indicated. Any such motion, except a motion to refer and amend a motion, shall be put to vote without
debate.

C. Written Motions

Any motion shall be put in writing upon request by two councilors.

D. Withdrawal of Motion

Any councilor who has made a motion may withdraw such motion before the vote takes place.
No motion may be withdrawn after the vote has taken place.

E. Motion to Table/Take From the Table

The purpose of a motion “to table” is to allow Council to set aside a matter temporarily, not
permanently. Such motion may be preceded by a reason/explanation of such motion. This motion shall
not be used to “kill” a matter. This motion is not debatable and requires a majority vote of the councilors
present for approval.

After a motion is “on the table” it may be “taken from the table” by a majority vote. This motion
is not amendable. A motion that is on the table may be taken from the table at the same Council meeting
or a future meeting.
Sheridan City Council Rules of Procedure
Page 7
F. Motion To Postpone Or Continue To A Definite Time

1. A motion to postpone or continue is debatable and requires a majority vote. The motion
shall include the date to which the matter will be postponed or continued. The postponed or
continued item will appear on a future agenda.

2. If the motion is to get priority consideration, it should be made a special order, which
requires a two-thirds vote.

G. The Previous Question

A motion to “move the previous question” is used to cut off debate and to bring an immediate
vote on the pending motion. Such motion is out of order if another councilor has the floor. The motion
requires a second, cannot be debated, and requires a two-thirds vote to approve. If the motion passes, the
Mayor shall immediately direct a vote on the pending motion to move the previous question. If the
motion fails, the pending motion is still under discussion.

H. Division of Question

If the question contains two or more divisible propositions, the Mayor may divide the motion.

I. Motion to Amend

The discussion on a motion to amend is limited to the proposed amendment. A motion to amend
may take the form of inserting, striking out, or striking out and inserting words, sentences, or paragraphs.
All amendments must be germane to the motion.

Once a main motion has been made and seconded, any councilor may move to amend the main
motion.

A motion to amend an amendment shall be in order, but one to amend an amendment to an

amendment shall not be introduced. An amendment modifying the intention of a motion shall be in order,
but an amendment relating to a different matter shall not be in order.

J. Motions Out of Order

The Mayor may at any time, unless overridden by a majority vote of the member's present, permit
a councilor to introduce an ordinance, resolution, or motion out of the regular order.

K. Reconsideration

1. Any action taken by Council may be reconsidered.

2. Only a councilor who voted on the prevailing side of a question may move for
reconsideration of an action. The second may be made by any other councilor.

3. An action may be reconsidered only if a motion for reconsideration is made at the

same meeting as the action sought to be reconsidered was originally voted upon. The
councilor making such motion shall state that he/she was on the prevailing side of the
motion.
Sheridan City Council Rules of Procedure
Page 8

4. In the event an action is sought to be reconsidered at a future meeting, a motion to

temporarily suspend the rules shall be adopted and the procedures set forth in this rule shall be
followed.

5. In the event a motion to suspend the rules is made to permit reconsideration of an action,
such motion to suspend the rules shall require the affirmative vote of five of seven; four of six, or
three of four of the councilors present, as applicable.

6. A motion to reconsider an ordinance or resolution, or any portion thereof, shall require

the same number of votes as is required to adopt an ordinance or resolution.

7. The passage of a motion to reconsider shall suspend all action the original motion would
have required until the reconsideration is completed and shall also place the original question
before Council in the exact condition it had prior to original action taken by Council on the
question.

8. In the event a quasi-judicial matter is to be reconsidered, the applicable notice

requirements shall be followed and the reconsideration of the original question shall be postponed
to a future business or special meeting. The notice shall inform the public when the original
question is to be reconsidered. In the event the reason supporting the reconsideration motion is
based upon new information or evidence, Council shall reopen the public hearing to take
evidence on the narrow issue of the new information or evidence. In such circumstance, staff
shall be directed to make a good faith effort to notify, in writing, all persons who testified at the
original public hearing of the date and time for the continued public hearing.

In the absence of new or additional evidence or information, Council shall not reopen the public
hearing for purposes of additional public testimony. The matter shall be scheduled for a future
business or special meeting.

9. In the event a contract has been signed by the Mayor or other legal obligations made or
entered into with Council approval, a motion to reconsider shall not be allowed.

L. Nominations

1. Nominations for appointment to city boards, commissions, committees, council vacancies

and selection of mayor pro-tem shall be called for at a regular meeting by the Mayor and shall
not require a second.

2. When it appears that everyone who desires has made a nomination, the Mayor shall ask if
there are any more nominations and if there are none, close the nomincation process.

3. The Mayor shall then call for a vote in the order that the nominations were presented, and the
first nominee to receive a vote of the majority of Council shall be appointed to the open
position.

M. Refer the Matter

In the event a councilor believes that more information is needed before a decision on the main
motion is made, such councilor may move to refer the matter to a council subcommittee, board or
commission, staff or attorney for further study or information. A motion to refer is debatable. The
Sheridan City Council Rules of Procedure
Page 9
motion to refer should identify the entity/staff the matter is being referred to, as well as instructions on
what actions should be taken by such entity/staff and when a report or information is to be made or
provided to Council.

N. Procedure in Absence Of Rule

In the absence of a rule to govern a point of procedure, reference shall be to Robert’s Rules of
Order. The principles and provisions of Robert’s Rules of Order shall apply only to the extent that they
are appropriate to a governing assembly such as Council, with consideration being given to the size of
Council, as well as its political and legal status.

RULE VI
MISCELLANEOUS

A. Appeal

An appeal may be taken from any decision of the Mayor by motion and second, in which event
the councilor bringing the appeal shall state the reason therefore, to which the Mayor may respond.

A motion to appeal shall be debatable.

Such appeals shall be acted upon immediately and no other motion shall be entertained until the
question: “Shall the decision of the Mayor be overruled?” be decided by the vote of all the members
present.

The affirmative vote of a majority of the members present shall be necessary to overrule the
decision of the Mayor.

B. Voting

In accordance with Section 4.2 of the Charter, every councilor must vote unless: a) the matter
concerns the councilor’s own conduct; b) the councilor has a conflict of interest, which, by applicable
law, requires the councilor to abstain from voting.

C. Tie Vote/Absence

In case of a tie vote on any motion, the motion shall be considered defeated. In the event an
applicant/proponent is present for the matter in question, the Mayor may, prior to calling for a vote, ask
such individual whether, because an even number of city councilors are present, the applicant/proponent
wishes to continue the matter until all members of Council are present. The decision of the
applicant/proponent shall be determinative. In the event the applicant/proponent is not present, the
councilors present shall decide whether to proceed on the item despite the presence of an even number of
councilors.

D. Excusal from Attendance at City Council Meetings

Except in the event of a personal need or emergency, no member may leave the meeting while a
meeting is in progress without the request and permission of the Mayor. In such event, the Mayor may
delay council action, or proceed without the absent member(s) unless the matter before council is quasi-
judicial.
Sheridan City Council Rules of Procedure
Page 10

E. Boards and Commissions

Prior to appearance by any board or commission before it, council shall provide, or have staff
provide, such board or commission with information regarding its procedures, requirements and any other
applicable information. Council is encouraged to provide direction to boards and commissions about the
subjects to be discussed when they join Council during business meetings or work sessions.
Sheridan City Council Rules of Procedure
Page 11

RULE VII
ORDINANCES AND RESOLUTIONS

A majority of the councilors present may request that staff prepare an ordinance or resolution so
long as the request is made at a business meeting or work session.

RULE VIII
PUBLIC HEARINGS

A. General

All persons desiring to speak before Council shall register with the city clerk. All persons
speaking before Council shall provide their names and addresses.

B. Public Hearing Procedures on Land Use Matters

1. The meeting shall be chaired by the Mayor. The hearing shall be conducted in accordance
with the procedures set forth in Chapter 56 of the Municipal Code. The purpose of such Code
provisions is to provide a reasonable opportunity for all interested parties to express themselves,
as long as the testimony or evidence presented is reasonably related to the purpose of the public
hearing. The Mayor has the authority to limit debate to a reasonable length of time to maintain
reasonable equality of time for all positions on an issue.

2. The Mayor shall cause all such persons to promise and agree that all statements and
evidence they present shall be the truth.

3. Any person speaking may be questioned by a member of council or, where appropriate,
by members of city staff, or an attorney or representative of one in opposition to such person.

4. When the number of persons wishing to speak may unduly prolong the hearing, the
Mayor may establish a time limit upon each speaker.

5. City staff’s duties are to enter, as part of the record, a copy of the matter’s public notice;
all application documents for the proposed project and copies of any other information and
documents that are an appropriate part of the public hearing record; to provide a synopsis or
summary of the issues before Council including issues considered in prior public
meetings/hearings of boards and/or commissions; make recommendations as to the matters to be
determined by Council; and answer specific questions as requested by Council or the parties to
the hearing.

6. The property owner, applicant or proponent or representative(s) of the project/issue

before Council, shall present evidence and describe the nature of the request. The burden of
presenting the case for the proponent of the project/issue is upon such proponent or its
representative, not the city staff.

7. All testimony in support, or opposition, or questions shall be directed through the Mayor,
who will direct the appropriate person to respond.
Sheridan City Council Rules of Procedure
Page 12
8. The property owner, applicant or proponent or representative(s) of the project/issue will
be afforded an opportunity for brief rebuttal statements/evidence following public input.

9. If final action is not to be taken at the same time as the public hearing, the Mayor will
advise the audience/public when the matter will be considered.

10. If a councilor is absent during a public hearing, he/she shall not be eligible to vote on the
matter unless he/she has listened to and reviewed the entire record of the hearing. The Council
member should also state, as part of the record prior to the vote, that he or she has listened to and
reviewed the entire record and is thus adequately advised to render a decision. It is not the
purpose or intent of this provision to postpone or unduly delay a decision by Council because of
the absence of a councilor to enable him/her substantial time to review the record.

11. The essence of the following shall be presented by the Mayor at the outset of the public
hearing:

“We welcome your comments and input. Because we will strive to proceed through the public
hearing in a timely manner, we require that all persons observe the following procedures with respect to
comments and testimony:

When you are recognized to speak, please approach the podium and state your name and address.
All comments and testimony shall be made from the podium, no comments or testimony shall be
presented from the audience.

Comments and testimony are to be directed to the Mayor and Council. Dialogue and inquiries
from the person at the podium to members of staff or the seated audience is not permitted. Inquiries that
require staff response will be referred to staff by the Mayor.

It is our desire to give everyone an opportunity to speak and be heard in a timely manner and
within an atmosphere of respect and diplomacy. These procedures are to foster that atmosphere. Thank
you for your cooperation, and we look forward to hearing your comments.”

C. Non-Land Use Public Hearing Procedures

Persons wishing to speak may do so whether in favor, opposed or neutral. No specific order of
those in favor or in opposition will be used.

With the advice of the city attorney, the Mayor shall conduct the hearing in such manner as to
provide for free speech and expression of opinion of all persons speaking, subject only to the limits of
courtesy and respect to other persons and their opinions as long as the subject is related to the issue or the
public hearing. Notwithstanding these purposes, the Mayor has the authority to limit comments to a
reasonable length of time.

Any person speaking may be questioned by members of Council or by the city staff.

The Mayor shall rule upon all disputed matters or procedures, unless, by motion, second and
debate, he/she is overruled by a majority vote of the councilors present.
Sheridan City Council Rules of Procedure
Page 13

RULE IX
AMENDMENT/SUSPENSION OF RULES

A. Amendment of the Rules

These rules may be amended or new rules adopted by a majority vote of all councilors. Any such
amendments shall be submitted in writing at a work session preceding formal action to amend. The
amendments shall be placed on the next business meeting agenda with a resolution. This requirement
may be waived by unanimous consent with a recorded vote of all councilors present.

B. Suspension of the Rules

Any provision of these rules not governed by the Charter or Municipal Code may be temporarily
suspended at any meeting of Council by a majority vote of all councilors. The vote on any such
suspension shall be entered upon the record. When making a motion to suspend the rules, the councilor
shall specify which rule or part of such rule being temporarily suspended and the purpose for which the
rule is to be suspended.

RULE X
MISCELLANEOUS

Any matter not addressed by the Charter, Municipal Code, other applicable law, or these rules
shall be governed by the decision of the Mayor based upon the principles and provisions of Robert’s
Rules of Order, to the extent that they are appropriate to a governing assembly such as Council, with
consideration being given to the size of Council, as well as its political and legal status . In the event of a
conflict between the Charter, Municipal Code, or these rules, the Charter, Municipal Code, other
applicable law, and these rules shall prevail in such order stated herein.