CC RES 1993-020 RESOLUTION NO. 93-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES ESTABLISHING CITY COUNCIL
OPERATING RULES AND PROCEDURES AND RESCINDING
RESOLUTION NOS, 75-31 AND 89-102
WHEREAS, the City Council of the City of Rancho Palos
Verdes on April 1, 1975 adopted Resolution No. 75-31, and on
November 8, 1989 adopted Resolution No. 89-102 setting forth
certain rules of order for conducting City Council meetings; and
WHEREAS, the City Council now desires to clarify and
expand said rules for the procedures to be followed at City Council
meetings.
NOW, THEREFORE, THE CITY COUNCIL of the City of Rancho Palos Verdes
does hereby resolve as follows:
Section 1. That the Rules of Procedure as set out in Exhibit
"A" attached hereto and incorporated herein are hereby adopted as
the rules and procedures for the conduct of City Council meetings.
Section 2 , That Resolution Nos. 75-31 and 89-102 are hereby
rescinded.
PASSED, APPROVED and ADOPTED this 2nd day of March, 1993 ,
YOR
AES
T:T:
CITE' CLERK
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes,
hereby certify that the above Resolution No. 93-20 was duly and
regularly passed and adopted by the said City Council at a regular
meeting thereof held on March 2, 1993 .
CITY CRK
A:rulesres CITY OF CHO PALOS VERDES
CITY COUNCIL
RULES OF PROCEDURES
TABLE OF CONTENTS
Subject Paae
1. Authority 3
2 , General Rules 3
2 . 1 Public Meetings 3
2 .2 Meeting Dates/Time 3
2 . 3 Quorum 3
2.4 Compelling Attendance 3
2 .5 Minutes of Proceedings 3
2 . 6 Right of Floor 4
2 .7 Rules of Order 4
2 .8 . City Manager 4
2 .9 City Attorney 4
2 . 10 City Clerk 4
2 . 11 Department Heads/Employees 4
3 . Types of Meetings 4
3 . 1 Regular Meetings 4
3.2 Adjourned Meetings 5
3 .3 Special Meetings 5
3 .4 Closed Sessions Meetings 5
3 .5 Work Session Meetings 5
3 . 6 Media Attendance 6
3.7 Recess 6
3 .8 Redevelopment Agency Business 6
4. Duties of the Mayor 6
4. 1 Election of the Mayor 6
4.2 Mayor Pro Tem 6
4 . 3 Presiding Officer 6
4.4 Call To Order 6
4.5 Preservation of Order 6
4. 6 Point of Order 7
4.7 Motion to Be Stated 7
5. Order & Preparation of Agenda 7
5. 1 Order of Business 7
5.2 Agenda Preparation 7
5. 3 Agenda Posting 7
5.4 Minutes 7
5.5 Audience Comments (See Citizens' Rights) 8
5. 6 Public Hearings 8
5.7 Consent Calendar 8
5.8 Actions Limited to Posted Agenda 8
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Rules of Procedure
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S-=�e= pale
6. Citizens' Rights 8
6. 1 Addressing the Council 8
6.2 Personal and Slanderous Remarks 9
6. 3 Enforcement of Decorum 9
6.4 Reading of Protests 10
6.5 Written Communications 10
7. Ordinances, Resolutions, & Contracts 10
7.1 Document Preparation 10
7.2 Document Approval 10
7.3 Ordinance Introduction/Adoption 10
7.4 Majority Vote Required 11
7.5 Ordinance Preservation 11
8. Procedures Regarding Public Hearings 11
8. 1 Introduction 11
8.2 Staff and Written Material Presentation 11
8. 3 Public Comment 11
8.4 Council Deliberation 12
8.5 Council Action 12
9. Boards, Commissions, & Committees 12
9. 1 Mayor/Council Committee 12
9.2 Citizen Boards, Commission, &
Committees 13
10. Suspension & Amendment of These Rules 13
10. 1 Suspension 13
10.2 Amendment 13
11. Miscellaneous Rules 13
11. 1 Roll Call Votes 13
11.2 Silence 13
11. 3 Continuance of an Item 13
11.4 Personal Privilege 14
11.5 Motion to Reconsider 14
12 . Rules of Debate 14
12 . 1 Mayor as Presiding Office 14
12 .2 Appeals 14
12 . 3 Precedence of Motions 14
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Rules of Procedure
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RULES OF PROCEDURE
1. AUTHORITY
As provided by Government Code Section 36813, the City Council
hereby establishes these Rules of Procedure for the conduct of
meetings. These Rules shall be in effect upon adoption by the City
Council and until such time as they are amended or new rules are
adopted in the manner provided by these Rules.
2. GENERAL RULES
2 . 1 Public Meetings
All meetings (except closed sessions as provided by State law) of
the Council shall be open to the public.
2 .2 Meeting Dates/Time
Regular meetings will be held on the first, third, and when
applicable, the fifth Tuesday of each month. Adjourned regular or
special meetings may be called by the Mayor or a majority of the
Council.
Other than closed sessions which begin at 6:00 p.m. , all regular
meetings will convene at 7:00 p.m. unless noticed at a different
time by publishing a notice and/or posting a notice in the same
manner as the agenda.
2 .3 Quorum
Three members of the Council shall constitute a quorum necessary to
transact business. In the event a quorum is not in attendance, the
City Clerk will adjourn the meeting to a later set time.
2 .4 Compelling Attendance
If a City Councilmember is absent without permission from all
regular City Council meetings for 60 days consecutively from the
last regular meeting s/he attended, his or her office becomes
vacant and shall be filled as any other vacancy. (Govt. Code 3 6513)
2 .5 Minutes of Proceedings
An account of all public proceedings of the City Council shall be
recorded by the City Clerk and entered into the official minute
books of the Council. These minutes shall be available to the
public following approval by the Council.
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2 .6 Right of Floor
Any councilmember desiring to speak shall first be recognized by
the Mayor and shall conf ine any remarks to the subject under
consideration.
2 .7 Rules of Order
In all matters and things not otherwise provided for herein, the
proceedings of the Council shall be governed by "Robert's Rules of
Order. " However, no ordinance, resolution, proceedings or other
action of the City Council will be invalidated, or the legality
thereof affected, by the failure or omission to observe or follow
said Rules.
2 .8 C ty Manager
The City Manager shall attend all meetings of the Council unless
excused, and in his/her absence, the Assistant City Manager or
Acting City Manager shall substitute. The City Manager may make
recommendations and shall have the right to take part in all
discussions of the Council, but shall have no vote.
2 .9 City Attorney
The City Attorney shall attend all meetings of the Council unless
excused, and in his/her absence, the City Attorney shall make
arrangements for a substitute attorney. The City Attorney, upon
request, shall give opinions, either written or oral, on questions
of law and shall act as the Council's parliamentarian.
2 . 10 City Clerk
The City Clerk shall attend all meetings of the Council unless
excused by the City Manager, and in her/his absence, the Deputy
City Clerk shall substitute. The City Clerk shall record, prepare
and maintain the official record of the Council and perform other
related duties as prescribed by the Council and/or City Manager.
2 .11 Department Heads/Employees
Department Heads/and other city employees, as directed by the City
Manager, shall attend Council meetings.
3. TYPES OF MEETINGS
3 . 1 Regular Meetings
The Council shall meet in the City Council Chambers located at Fred
Hesse Community Park, 29301 Hawthorne Boulevard, for all regular
meetings. Regular meetings of the City Council shall be held on
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the first and third, and when applicable, the fifth Tuesdays of
each month at the hour of seven p.m. in the council chambers except
as follows:
1. When an official election is conducted in the City on
the first, third or fifth Tuesday of any month, the meeting shall
be held on the next succeeding day which is not a holiday.
2 . When an official City holiday falls on the first,
third or fifth Tuesday of any month, the meeting shall be held on
the next succeeding day which is not a holiday.
Only closed sessions and work sessions may be held between six p.m.
and seven p.m., unless a regular meeting is adjourned to, or a
special meeting called for such time. No work session or closed
session will be held during such hours unless the agenda is posted
at least seventy-two hours prior to the meeting as required by
Section 54954.2 of the California Government Code. No action shall
be taken during any work session held between such hours unless the
agenda so provides.
3 .2 Adjourned Meetings
Any meeting of the City Council may be adjourned to a later date,
place and time, provided no adjournment is for a longer period than
the next regularly scheduled meeting.
3 . 3 Special Meetings
Special meetings may be called by the Mayor or by a majority of the
Councilmembers. The notice for a special meeting must specify the
day,, hour, and place and shall specify the subject(s) to be
considered. In accordance with Government Code Section 54946,
twenty-four hours notice must be given prior to the meeting; only
specified matters may be discussed at special meetings.
3 .4 Closed Session Meetings
Closed sessions may be held in accordance with the provisions of
the Brown Act. The City Attorney shall attend all closed sessions
either in person or telephonically, unless his or her performance
is being reviewed.
3.5 Work Session Meetings
The Council may meet in Work Sessions called by the Mayor or the
majority of councilmembers. Work Sessions are open to the public
and are meetings for purposes of the Brown Act,
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3.6 Media Attendance
Except for closed sessions, all meetings of the City Council and
City Boards/Commissions shall be open to the media, and may be
recorded by tape, radio, television, or photography, provided such
recordings do not interfere with the orderly conduct of the
meetings.
3 .7 Recess
Once every hour and one-half, or as Council business permits, the
Council shall recess for not more than ten minutes.
3 .8 Redevelopment Agency Business
Unless otherwise directed by the City Council, upon adjournment of
the City Council meeting, the City Council will meet as the
Redevelopment Agency of the City.
4. DUTIES OF THE MAYOR
4. 1 Election of Mayor
The Mayor is a member of the City Council and is annually elected
by majority vote of the City Council at the first regular meeting
in December or, in the case of an election year, upon certification
of the election results. As a member of the City Council the Mayor
shall have all the powers of a member.
4.2 Mayor Pro Tem
The Mayor Pro Tem shall be selected by a Council majority vote.
4. 3 Presidina Officer
The Mayor, if present, shall preside. In the Mayor's absence, the
Mayor Pro Tem shall preside. In the absence of both, the
Councilmembers present shall elect a Presiding Officer.
4.4 Call To Order
The Mayor or Mayor Pro Tem shall call the meeting to order at the
hour appointed. In the absence of both, the meeting shall be
called to order by the City Clerk and those councilmembers present
shall proceed to elect a temporary presiding officer.
4 .5 Preservation of Order
The Mayor shall preserve strict order and decorum, shall prevent
verbal attacks on councilmembers, staff, and/or citizens, and
confine debate to the item under discussion.
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4. 6 Point of Order
The Mayor shall determine all points of order, subject to the right
of any member to appeal. If an appeal is taken, the question shall
be, "Shall the decision of the Mayor be sustained?"
4.7 Motion to be Stated
The Mayor shall state all motions submitted for a vote and announce
the result. A roll call vote shall be taken upon the request of
any member and shall be required for the introduction of any
ordinance or expenditure of funds.
5. ORDER & PREPARATION OF AGENDA
5. 1 Order of Business
1. Call to Order, Roll Call, Pledge of Allegiance
2. Proclamations
3 . Approval of Agenda
4. Consent Calendar
5. Public Hearings
6. Regular Business
7. Written Communications
8. Committee Reports
9. City Council Reports
10. City Manager Reports
11. Audience Comments
12 , Adjournment
5.2 Agenda Preparation
The Agenda shall be prepared in accordance with the preparation
procedure as directed by the City Manager. The Agenda shall be
delivered to the Mayor and councilmembers, as soon as practicable
after 5:00 p.m. on the Friday preceding the Tuesday meeting.
5. 3 Agenda Posting
The City Clerk shall post, in a location that is freely accessible
to members of the public, an agenda at least 72 hours before a
regular meeting. The agenda shall specify the time and location of
the meeting and contain a brief description of each i t e m o f
business to be transacted or discussed.
5.4 Minutes
Unless requested by Council, minutes may be approved without
reading if the City Clerk previously furnished a copy to each
member.
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5.5 Audience Comments - (Citizens,' Rights)
During Audience Comments any person may address the Council
provided that the item is within the subject matter jurisdiction of
the Council and is not otherwise on the agenda.
5.6 Public Hearings
Items requiring a public hearing will be published and/or mailed to
q
property owners as required by law.
5.7 Consent Calendar
Items listed under the Consent Calendar are those items staff
believes will not require Council discussion and are considered
ministerial and routine. Also, the Consent Calendar frequently
contains resolutions confirming prior Council action. Any member
of the Council may remove an item for discussion or clarification.
Items removed from the Consent Calendar will be discussed before
the City Council Reports section of the agenda.
5.8 Actions Limited to Posted Agenda
The City Council shall not take action on any item not appearing on
thep osted agenda except under the conditions permitted by
Government Code Section 54954.2 (Brown Act) .
6. CITIZENS' RIGHTS
6. 1 Addressing the Council
1. Any person may address the Council on the following
portions of the agenda:
(a) Audience Comments as provided in Section 5.5.
(b) Public hearings as provided in Sections 8.
(c) All other portions of the agenda prior to the
vote, if any, being taken.
2 . The following shall apply:
(a) Each person addressing the Council shall step to
the podium and give their name and address for
the record.
(b) Each speaker is limited to three minutes on
Audience Comments as provided in Section 5.5.
Regardless of the number of items a person wishes
to address, they will be limited to ten minutes
for the entire meeting. (NOTE: The ten minute
time limit does not apply to the right to speak
on any item which has been noticed as a public
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hearing. )
(c) All remarks shall be directed to the Mayor and
Council as a body and not to any particular
member.
(d) No person, other than members of the Council and
the person having the floor, shall be permitted
to enter into the discussion.
(e) No question shall be asked of councilmembers
except through the Mayor.
(f) These guidelines will generally apply to special
meetings as well, but the City Council reserves
the right to otherwise limit or preclude Audience
Comments during special meetings.
(g) The City Council may limit the public input o n
any item based on the number of people requesting to speak,
length of agenda, or the business of the Council.
6.2 Personal and Slanderous Remarks
Any person making personal, impertinent, or slanderous remarks, or
who becomes boisterous may be requested by the Mayor to leave the
meeting and/or barred from attending future meetings. The Mayor
shall discourage demonstrations before the Council, such as
applauding or booing. The Mayor may request a sergeant-at-arms
for the purpose of removing any person who, in the Mayor's
judgment, has violated the rules of conduct and has disrupted the
meeting.
6. 3 Enforcement of Decorum
After issuing a verbal warning, the Mayor shall order removed from
the Council Chambers any person or persons who commit the following
acts in respect to a regular or special meeting of the City
Council:
1. Disorderly, contemptuous or insolent behavior toward
the Council or any member thereof, tending to interrupt the due and
orderly course of said meeting.
2. A breach of the peace, boisterous conduct or violent
disturbance, tending to interrupt the due and orderly course of
said meeting.
3 . Disobedience of any lawful order of the Mayor which
shall include an order to be seated or to refrain from addressing
the Council.
4. Any other unlawful interference with the due and
orderly course of the meeting.
6.4 Reading of Protests
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Interested persons or their representatives may address the Council
for the reading of protests, petitions or communications relating
to the matter under consideration if a majority of the Council
agree that the person should be heard. Such presentation shall be
subject to the time limits which have been established for
addressing the City Council.
6.5 Written Communications
Any citizen may submit written comments to the Council through the
City Clerk or City Manager's office and request that Council
receive copies in the agenda packet provided such written comments
are received in sufficient time to include them in the agenda
packet.
7. ORDINANCES, RESOLUTIONS & CONTRACTS
7. 1 Document Preparation
All ordinances and resolutions shall be approved by the City
Attorney. No ordinance shall be prepared for presentation to the
Council unless ordered by a majority vote of the Council or
prepared by the City Attorney on his/her own initiative.
7.2 Document Approval
All ordinances, resolutions, and contracts shall, before being
placed on the agenda, be approved as to form and legality by the
City Attorney. All documents shall be reviewed by the City
Manager.
7. 3 Ordinance Introduction/Adoption
A proposed ordinance will be read by title only unless a member
disagrees that the ordinance can be read by title only and requests
a full reading. Ordinances introduced by first reading shall not
be adopted within five days of the introduction nor at other than
regular or an adjourned regular Council meeting. If the ordinance
carries an urgency clause, introduction and adoption may occur at
the same meeting. After an ordinance has been introduced for first
reading, it can be placed on the Consent Calendar for adoption at
a subsequent meeting.
7,4 Majority Vote Required
An affirmative vote of at least three members of the Council shall
be necessary to adopt an ordinance. An urgency ordinance must be
adopted by at least a four-fifths vote. (NOTE: Resolutions,
motions, and any other matters may be adopted by the majority
present. )
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Council Rules of Procedure
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7.5 Ordinance Preservation
Following adoption of an ordinance, the City Clerk will assign it
a number andP ublish and/or post according to law. All ordinances
are filed and preserved in the City Clerk's Office.
8. PROCEDURES REGARDING PUBLIC HEARINGS
8. 1 Introduction
The Mayor announces the subject of the public hearing and declares
the public hearing open.
8.2 Staff and Written Material Presentation
1. Staff summary report and other written material
included in the agenda packet is received and filed. Written
comments (e.g. protest, etc. ) are noted for the record.
2 . Written material not in the agenda packet, if any, is
received and filed.
3 . Oral staff report, if any, is presented by staff
member.
4. Staff responds to Councilmember questions.
8. 3 Public Comment
1. The purpose of this section is to provide an
opportunity to members of the public who wish to testify in support
or opposition to the matter being heard.
2 . The Mayor's instructions to the audience will
vary and will depend upon the issue being discussed. Generally,
the instructions will follow these general guidelines:
(a) participants must speak from the podium;
(b) must give their name and address before speaking;
(c) that the normal time limit for each speaker i s
three minutes;
(d) that repetition should be avoided; and
(e) that speakers will be discouraged from reading a
submission which has been copied and is contained
in the agenda.
3. The applicant or their representative speaks first and
willg enerally be allowed ten minutes, any portion of which can be
used for rebuttal. If the appellant is different from the
applicant, the appellant will also be allowed ten minutes to make
a presentation, any portion of which can be used for rebuttal.
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Council Rules of Procedure
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4. Questions by speakers will be noted and will be
answered after the completion of all public testimony.
5. Council will reserve all questioning of individual
speakers until after the completion of all public testimony.
8.4 Council Deliberation
1. After the Mayor has determined that there is no more
public comment, the Council will then deliberate on the matter.
2 . The Council may then ask questions of speakers for
clarification.
3 . Staff and/or Council will then answers prior speakers'
questions.
4. The Council will then debate and/or make motions on
the matter.
8.5 Council Action
1. Council may, at this point, continue the open public
hearing.
(a) This should be done if any additional information
is requested (evg4p a staff report) .
(b) Continuing a public hearing to a specific date
does not require additional notice.
2. The Council may:
(a) Close the public hearing and vote on the item;
(b) Offer amendments or substitute motions allowing
additional public comment;
(c) Close the public hearing and continue the matter
to a later date for a decision. (NOTE: No
additional reports or testimony may be received
after the public hearing has been closed) .
9. BOARDS, COMMISSIONS & COMMITTEES
9. 1 May Council Committee
At the second meeting in December of each year, or the second
meetingafter the certification of an election, the Mayor shall
committees which require
appoint Counc i lmembers to serve on various comms q
a Council representative.
9.2 Citizen Boards, Commissions, and Committees.
1. Creation
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Council Rules of Procedure
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The City Council may create boards, commissions, or committees to
act as advisory boards to the Council.
2. Appointments
The City Council shall make appointments to citizen boards,
commissions and committees. All committee and commission
applicants will be interviewed by the City Council at a public
meeting.
10. SUSPENSION & AMENDMENT OF THESE RULES
10. 1 wsuspension
Any provision of these rules not already governed by the City's
Municipal Code or the Government Code may be temporarily suspended
by a majority vote by the Council present.
10.2 Amendment
These rules may be amended by additions or deletions or new rules
adopted by a majority vote of the Council provided the proposed
amendment or new rules are introduced into the record at a prior
Council meeting.
11. MISCELLANEOUS RULES
11. 1 Roll Call Votes
Upon demand by any Councilmember., made bef ore the "Nays" are called
for, a roll call vote shall be taken on the motion before the
Council. The Mayor's name shall be called last with other members'
names called at random by the City Clerk. Members shall not give
explanations for their vote during roll call.
11.2 Silence
During a collective vote (Ayes & Nays) , silence of any member
denotes an affirmative vote.
11. 3 Continuance of an Item
1. Continuance by a Councilmember: Any Councilmember may
continue an item (not subject to a deadline) to the next agreed
upon meeting. This continuance may only be denied by a majority
vote of the Council.
2. Continuances Requested by Someone Not a
Councilmember:
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Council Rules of Procedure
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Anyone may request a continuance of an item and the Council, by a
majority vote, may grant such a continuance. A request for a
subsequent continuance may be granted by a majority vote of the
Council only if it finds that:
(a) the need for the continuance was beyond the
control of the person requesting it, and
(b) the need for the continuance arose after: (1) the
date of the notice of public hearing was published
if the item is subject to a public hearing or; (2)
the time the Council agenda was posted for items
not subject to a public hearing.
(c) Continuation does not adversely affect the City or
welfare of the City's residents.
11.4 Personal Privilege
The right of a councilmember to address the Council on a question
of personal privilege shall be limited to cases in which the
integrity, character, or motives of the councilmember is in
question, or to where the welfare of the Council is concerned.
11.5 Motion to Reconsider
A motion to reconsider any action taken by the Council may be made
in accordance with the following:
1. The motion must be made by a member of the prevailing
side, although it may be seconded by any Councilmember.
2. The motion must be made prior to the adjournment of
the meeting at which the original action was taken.
3. The motion is debatable and has precedence over a
pending motion.
12. RULES OF DEBATE
12.1 Mayor as Presiding Officer
The Mayor may move, second, and debate from the Chair, and shall
not be deprived of any rights and privileges of a Councilmember.
12.2 Appeals
Any ruling of the Mayor may be appealed at the request of a
councilmember. The Mayor shall call for a roll call vote to
determine if the ruling is upheld.
12.3 Precedence of Motions
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When a motion is before the Council, no motion shall be entertained
except:
1. Motion to Amend - is debatable only as it relates to
the amendment.
An amendment which modifies the motion is in order, however, a
substitute motion is in order if the intent is changed. Amendments
are voted on first, main motion vote is last. A motion may be
amended more than once with each amendment being voted on
separately. There shall only be one amending motion on the floor
at any one time.
2. Motion to Postpone - A motion to postpone
indefinitely is debatable.
If such a motion is adopted, the principal question is lost.
Motion to postpone to a definite time is subject to debate and
amendment as it relates to propriety of the postponement and time
set.
3 . Motion to Table - Undebatable and not subject to
amendment.
The purpose of a motion to table is to temporarily bypass the item.
If a motion to table is adopted, the item may be taken from the
table at any time prior to the adjournment of the next regular
meeting. If the item is not taken from the table in the time
specified, the business of the item is killed.
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