City Council

City of Petersburg City Council Virginia www.petersburgva.gov Samuel Parham, Mayor – Ward 3 Annette Smith­Lee, Vice­Mayor – Ward 6 Treska Wilson­Smith, Councilor – Ward 1 Darrin Hill, Councilor – Ward 2 January 11, 2021 Special Charlie Cuthbert, Councilor – Ward 4 W. Howard Myers, Councilor– Ward 5 City Council Meeting John A. Hart, Sr., Councilor – Ward 7 January 11, 2021 City Manager Live Stream Aretha R. Ferrell­Benavides 11:00 AM 1. Roll Call 2. Closed Session a. Motion to convene in closed session pursuant to §2.2­3711(A)(1) of the Code of Virginia for the purpose of discussion pertaining to performance, assignment, and appointment of specific public employees of the City of Petersburg specifically including but not limited to discussion of the assignment, appointment, and performance of specific public employees including interim City Manager appointment and pursuant to §2.2­3711(A)(7) and (8) of the Code of Virginia for the purpose of receiving legal advice and status update from the City Attorney and legal consultation regarding the subject of specific legal matters requiring the provision of legal advice by the City Attorney specifically including but not limited to matters requiring legal advice from the City Attorney on FOIA requests received by the City and other legal matters . 3. Consideration and/or Discussion a. Consideration and discussion of the Petersburg City Council Rules of Council. 4. Adjournment Page 1 of 49  3.a. City of Petersburg Ordinance, Resolution, and Agenda Request DATE: January 11, 2021 TO: The Honorable Mayor and Members of City Council THROUGH: FROM: RE: Consideration and discussion of the Petersburg City Council Rules of Council. PURPOSE: Discussion and consideration of the Rules of Council. REASON: RECOMMENDATION: BACKGROUND: COST TO CITY: BUDGETED ITEM: REVENUE TO CITY: CITY COUNCIL HEARING DATE: CONSIDERATION BY OTHER GOVERNMENT ENTITIES: AFFECTED AGENCIES: RELATIONSHIP TO EXISTING ORDINANCE OR RESOLUTION: REQUIRED CHANGES TO WORK PROGRAMS: ATTACHMENTS: 1. Rules of Council 2. Rules of Council resolution Page 2 of 49 City of Petersburg Organizational Meeting RULES OF COUNCIL JANUARY 5 ,2021 1 Page 3 of 49  Rule I. - Meeting Rule IV. Reconsideration Regular Meetings Special Meetings Rule V. Order of Business Organization Meeting Order of Business Quorum Closed Meeting Adjournment Public Information Period Presiding Officer Business Reports from Council Members Length of Meetings Decorum of Councilmembers Meeting Schedule Decorum of Member of the Public Start Time of Meetings Place of Meetings Agenda Virginia Freedom of Information Act Cancellation or Rescheduling of Meetings Roundtable Format Rule VI. Rules of Procedure for Council Meetings Robert’s Rule of Order Priority in Speaking Comments and Queries Rule II. Clerk and Records Action by Council: Proceeding Out of Order Clerk of Council Rules of Discussion and Debate Docket Motions Form of Ordinances Investigative Power Records of Meetings Notice of Ceremonial Proclamations Rule III. Ordinances and Rule VII. Council-Staff Interaction Amendments Introduction of Ordinances, Resolution and Motions Recording Ordinances VIII. Changes & Suspension of Rules Approval Requirements for Certain Ordinances and Resolutions Public Hearings 2 Page 4 of 49   Regular Meetings  Special Meetings  Organization Meeting  Quorum  Adjournment RULE I -  Presiding Officer  Length of Meetings MEETINGS  Meeting Schedule  Start Time of Meetings  Place of Meetings  Virginia Freedom of Information Act  Cancellation or Rescheduling of Meetings  Roundtable Format 3 Page 5 of 49 RULE I. – MEETINGS SECTIONS WITH NO RECOMMENDED CHANGES  Section 2. Special Meetings  Section 4. Quorum.  Section 5. Adjournment.  Section 6. Presiding Officer.  Section 12. Cancellation or Rescheduling of Meetings 4 Page 6 of 49  RULE I. - MEETINGS Section 1. Regular Meetings CURRENT RECOMMENDED Except as set forth in Section 8 of Rule I, Except as set forth in Section 8 of Rule I, Council shall hold regular meetings on the first and third Tuesdays of each month. Regular Council shall hold regular meetings on the Meetings shall be comprised of Council “Work Sessions” and first and third Tuesdays of each month. If a Council “Business Meetings.” Work Sessions shall be held for the regularly scheduled meeting shall fall on the purpose of allowing Council to receive information on proposals and day of a general election, this meeting shall other items of City business. No formal action of Council shall occur at a Work Session. Work sessions will be held on the first Tuesday be held, instead, on the next Tuesday night of each month at a time and location properly noticed by the Clerk following that election or any other holiday. of Council in accordance with these Rules. Business Meetings shall This meeting shall be held instead on the be held on the third Tuesday of each month at a time and location next Tuesday night following that holiday. properly noticed by the Clerk of Council in accordance with these Rules. If a regularly scheduled meeting shall fall on the day of a general election, this meeting shall be held, instead, on the next Tuesday night following that election or any other holiday. This meeting shall be held instead on the next Tuesday night following that holiday. 5 Page 7 of 49  RULE I. – MEETINGS Section 3. Organizational Meeting CURRENT RECOMMENDED In January of every year, Council will hold an In January of every year, Council will hold an organizational organizational meeting prior to the first regularly meeting prior to the first regularly scheduled public scheduled public meeting. The purpose of the meeting. The purpose of the organizational meeting will be organizational meeting will be to adopt the to adopt the Rules. In odd-numbered years, Council will Rules. In odd-numbered years, Council will elect elect a Mayor and Vice Mayor. At least three days prior to a Mayor and Vice Mayor. the Organizational Meeting, Members of Council and/or City Staff shall provide draft copies of any proposed changes to these Rules to all Members of Council, the City Manager, the City Attorney, and the Clerk of Council, which draft changes shall be made available to the public upon receipt by the Clerk in conjunction with the Council Agenda for the Organizational Meeting. Any changes not submitted in accordance with this Section shall not be considered by Council. 6 Page 8 of 49  RULE I. – MEETINGS Section 7. Length of Meetings CURRENT RECOMMENDED No meeting shall extend after the hour of 12 No meeting shall extend after the hour of 12 midnight unless Council by an affirmative midnight 10:00 PM unless Council by an vote of the majority of Council Members affirmative vote of the majority of Council present extends the length of the meeting. Members present extends the length of the The Council Member so moving to extend the meeting. The Council Member so moving to length of the meeting shall include in his or extend the length of the meeting shall include in her motion the matters appearing on the his or her motion the matters appearing on the docket for that meeting to be considered docket for that meeting to be considered after after the hour of 12 midnight. the hour of 12 midnight 10:00 PM . 7 Page 9 of 49  RULE I. – MEETINGS Section 8. Meeting Schedule CURRENT RECOMMENDED No regular meetings of Council will be held No regular meetings of Council will be held during during the month of August of each year. the month of August of each year. Also, there shall Also, there shall be only one regular meeting be only one regular meeting in the month of in the month of December and it shall be December, and it shall be held on the second held on the second Tuesday of that month, Tuesday of that month, unless otherwise scheduled unless otherwise scheduled by Council. by Council. If a regularly scheduled meeting shall fall on the day of a general election, this meeting shall be held, instead, on the next Tuesday night following that election or any other holiday. This meeting shall be held instead on the next Tuesday night following that holiday. 8 Page 10 of 49  RULE I. – MEETINGS Section 9. Start Time of Meetings CURRENT RECOMMENDED All meetings of Council shall be begin at 6:30 All meetings of Council shall be begin at 4:00 p.m. unless a majority of Council Members p.m. unless a majority of Council Members vote to schedule it at a different time or vote to schedule it at a different time or unless a majority of Council Members inform unless a majority of Council Members inform the Clerk otherwise in writing. Required the Clerk otherwise in writing. Required legal notice shall be given of such change. legal notice shall be given of such change. 9 Page 11 of 49  RULE I. – MEETINGS Section 10. Place of Meetings CURRENT RECOMMENDED All meetings of Council shall be held in All meetings of Council shall be held in the the Union Train Station unless a majority Union Train Station or Petersburg Public of Council Members vote to schedule it Library unless a majority of Council Members elsewhere or unless a majority of Council vote to schedule it elsewhere or unless a Members inform the Clerk otherwise in majority of Council Members inform the writing. Required legal notice shall be Clerk otherwise in writing. Required legal given of each change. notice shall be given of each change. 10 Page 12 of 49  RULE I. – MEETINGS Section 11. Virginia Freedom of Information Act CURRENT RECOMMENDED Council whole-heartily concurs with the General Assembly of Virginia Council whole-heartily heartedly concurs with the General Assembly of that the affairs of government are not intended to be conducted in Virginia that the affairs of government are not intended to be conducted in an atmosphere of secrecy since at all times the public is the an atmosphere of secrecy since at all times the public is the beneficiary of all beneficiary of all action taken by its own government. Therefore, action taken by its own government. Therefore, Council shall conduct its Council shall conduct its business in a way that promotes increased business in a way that promotes increased awareness, by all citizens, of awareness, by all citizens, of Council's activities and affords every Council's activities and affords every opportunity for citizens to witness the opportunity for citizens to witness the operations of Council except operations of Council except as authorized by the Virginia Freedom of as authorized by the Virginia Freedom of Information Act, Virginia Information Act, Virginia Code § 2.2-3700 et seq. Accordingly in addition to Code § 2.2-3700 et seq. Accordingly in addition to those notice and those notice and meeting requirements established by law, Council shall give meeting requirements established by law, Council shall give no less no less than three (3) business days' prior notice of all special and than three (3) business days' prior notice of all special and emergency meetings unless a majority of Council Members inform the Clerk emergency meetings unless a majority of Council Members inform otherwise in writing and all such meetings shall take place at the time and the Clerk otherwise in writing and all such meetings shall take place place indicated in Sections 9 and 10 of Rule I. Notwithstanding the at the time and place indicated in Sections 9 and 10 of Rule I. foregoing, actions taken at meetings, where a quorum is present and in Notwithstanding the foregoing, actions taken at meetings, where a compliance with other minimum requirements of law, shall not be quorum is present and in compliance with other minimum invalidated by any departure from this Section 11 of Rule I. requirements of law, shall not be invalidated by any departure from this Section 11 of Rule I. 11 Page 13 of 49  RULE I. – MEETINGS Section 13. Roundtable Format CURRENT RECOMMENDED The presiding officer may request that The presiding officer may request that any any regular or special meeting of Council regular or special meeting of Council be be conducted in a roundtable format to conducted in a roundtable format to create an create an environment that facilitates environment that facilitates thorough and thorough and productive discussion. productive discussion. All Work Sessions shall Council Members and the Clerk shall be conducted in a roundtable format. assist in adjusting the set-up of the Council Members and The Clerk will assist meeting room to create the roundtable shall provide for the assist in adjusting the format. set-up of the meeting room to create the roundtable format. 12 Page 14 of 49 RULE II - CLERK & RECORDS  Clerk of Council.  Docket.  Form of Ordinances.  Records of Meetings.  Notice of Ceremonial Proclamations. 13 Page 15 of 49 RULE II. CLERK & RECORDS SECTIONS WITH NO RECOMMENDED CHANGES  Section 1. Clerk of Council.  Section 2. Docket.  Section 3. Form of Ordinances.  Section 4. Records of Meetings. 14 Page 16 of 49  RULE II. – CLERK & RECORDS Section 6 5. Notice of Ceremonial Proclamations CURRENT RECOMMENDED Section 6. Notice of Ceremonial Proclamations. Section 5 6. Notice of Ceremonial Proclamations. Each ceremonial proclamation shall be circulated Each ceremonial proclamation shall be circulated and filed by 12:00 p.m. on the business day and filed by 12:00 p.m. on the business day before before the meeting at which it is to be the meeting at which it is to be considered. considered. 15 Page 17 of 49 RULE III - ORDINANCES AND AMENDMENTS  Introduction of Ordinances, Resolution and Motions.  Recording Ordinances.  Approval Requirements for Certain. Ordinances and Resolutions.  Public Hearings. 16 Page 18 of 49  Rule III. ORDINANCES AND AMENDMENTS Section 3. Approval Requirements for Certain Ordinances and Resolutions CURRENT RECOMMENDED No ordinance or resolution appropriating money exceeding the No ordinance or resolution appropriating money exceeding the sum of One Hundred Dollars ($100.00), imposing taxes or sum of One Hundred Dollars ($100.00), imposing taxes or authorizing the borrowing of money, shall be passed except by authorizing the borrowing of money, shall be passed except by a recorded affirmative vote of a majority of Council Members. a recorded affirmative vote of a majority of Council Members. No ordinance or resolution appropriating money exceeding the No ordinance or resolution appropriating money exceeding the sum of One Thousand Dollars ($1,000.00), imposing taxes or sum of One Thousand Dollars ($1,000.00), imposing taxes or authorizing the borrowing of money shall pass on the date of authorizing the borrowing of money shall pass on the date of its introduction. The vote on such ordinance or resolution shall its introduction. The vote on such ordinance or resolution shall be taken by "ayes" and "nays" and shall be entered on the be taken by "ayes" and "nays" and shall be entered on the journal, and the affirmative vote of a majority of Council journal, and the affirmative vote of a majority of Council Members shall be necessary for its passage. No ordinance or Members shall be necessary for its passage. No ordinance or resolution amending or changing the rate of license fees or resolution amending or changing the rate of license fees or taxes imposed by the City of Petersburg shall pass on the day taxes imposed by the City of Petersburg shall pass on the day of its introduction. of its introduction. 17 Page 19 of 49  Rule III. ORDINANCES AND AMENDMENTS Section 4. Public Hearings CURRENT RECOMMENDED The presiding officer shall provide an The presiding officer shall provide an opportunity for opportunity for the public to be heard on each the public to be heard on each ordinance or ordinance or resolution considered by Council. resolution considered by Council. Where specific Where specific procedures for public hearing procedures for public hearing are established by law, are established by law, such procedures shall such procedures shall be followed. In all other be followed. In all other instances, public instances, public comment will be heard after a comment will be heard after a motion for motion for adoption of the ordinance or resolution adoption of the ordinance or resolution has has been accepted by the presiding officer and prior been accepted by the presiding officer and to discussion by Council. Once Council has started prior to discussion by Council. Once Council has discussing the motion, no further input from the started discussing the motion, no further input public will be accepted from the public will be accepted. 18 Page 20 of 49 RULE III. ORDINANCES AND AMENDMENTS SECTIONS WITH NO RECOMMENDED CHANGES  Section 1. Introduction of Ordinances, Resolutions, and Motions.  Section 2. Recording Ordinances. 19 Page 21 of 49 RULE IV: RECONSIDERATION No question decided by Council shall be again brought forward at any subsequent meeting during the period of thirty (30) days thence ensuing, unless there is a motion to reconsider it before Council adjourns. No such motion to reconsider shall be entertained unless it is made by a Council Member voting with the prevailing side at that meeting. RULE WITH NO RECOMMENDED CHANGES 20 Page 22 of 49 RULE V – ORDER OF BUSINESS  Order of Business  Closed Meeting  Consent Agenda  Public Information Period  Business Reports from Council Members  Decorum of Councilmembers  Decorum of Member of the Public 21 Page 23 of 49  RULE V – ORDER OF BUSINESS Section 1. Order of Business. CURRENT Unless otherwise provided in accordance with Section 4 of Rule VI, at every regular meeting of Council, the order of business shall be as follows 1. Roll Call 11. Official Public Hearings 2. Prayer 12. Public Information Period 3. Closed Meeting 13. Business or Reports from Mayor or Council Members 4. Moment of Silence 14. Items Removed from Consent Agenda 5. Pledge of Allegiance 15. Unfinished Business 6. Determination of the Presence of a Quorum 16. . 7. Proclamations / Recognitions / Presentation of 17. New Business Ceremonial Proclamations 18. . 8. Reports / Responses to Previous Public Information Posted 19. City Manager’s Agenda 9. Communications and Special Reports 20. Business or Reports from the Clerk 10. Approval of Consent Agenda (to include minutes of 21. Business or Reports from the City Attorney previous meeting) 22. Adjournment 22 Page 24 of 49  RULE V – ORDER OF BUSINESS Section 1. Order of Business. RECOMMENDED Unless otherwise provided in accordance with Section 4 of Rule VI, at every regular meeting of Council, the order of business shall be as follows 1. Roll Call 10. Public Information Period 2. Prayer/Moment of Silence 11. Business or Reports from Mayor or Council Members 3. Closed Meeting 12. Items Removed from Consent Agenda 4. Pledge of Allegiance 13. Unfinished Business 5. Determination of the Presence of a Quorum 14. New Business 6. Proclamations / Recognitions / Presentation of Ceremonial Proclamations 15. City Manager’s Report 7. Reports / Responses to Previous Public 16. Business or Reports from the Clerk Information Posted 17. Business or Reports from the City Attorney 8. Approval of Consent Agenda (to include minutes of previous meeting) 18. Adjournment 9. Official Public Hearings 23 Page 25 of 49  RULE V – ORDER OF BUSINESS Section 4. Public Information Period CURRENT RECOMMENDED A public information period, limited in time to thirty (30) minutes, shall be part of the Order A public information period, limited in time to thirty (30) minutes, shall be part of Business at each regular meeting of Council. Each speaker shall be a resident or business of the Order of Business at each the 2nd regular business meeting (non-work owner of the City of Petersburg and shall be limited to three (3) minutes. No speaker will be session) of Council. Each speaker shall be a resident or business owner of the permitted to speak on any item scheduled for consideration on the regular docket of the City of Petersburg and shall be limited to three (3) minutes. No speaker will be meeting at which the speaker is to speak. The order of speakers, limited by the 30-minute permitted to speak on any item scheduled for consideration on the regular time period, shall be determined as follows: docket of the meeting at which the speaker is to speak. The order of speakers, limited by the 30-minute time period, shall be determined as follows: A. First, in chronological order of their notice, persons who have notified the Clerk no later A. First, in chronological order of their notice, persons who have notified the than 12:00 p.m. on the day of the meeting, and Clerk no later than 12:00 p.m. on the day of the meeting, and B. Second, in chronological order of their sign up, persons who have signed a sign- up sheet B. Second, in chronological order of their sign up, persons who have signed a placed by the Clerk in the rear of the meeting room prior to the meeting. sign- up sheet placed by the Clerk in the rear of the meeting room prior to the meeting. The sign-up sheet will be retrieved by the Clerk two (2) minutes prior to the commencement The sign-up sheet will be retrieved by the Clerk two (2) minutes prior to the of the meeting. Only those persons who have notified the Clerk prior to the meeting in commencement of the meeting. Only those persons who have notified the accordance with (A) above, or whose names appear on the sign-up sheet in accordance with Clerk prior to the meeting in accordance with (A) above, or whose names (B) above, will be eligible to speak. In the event that more than ten (10) people so qualify to appear on the sign-up sheet in accordance with (B) above, will be eligible to speak, Council, by majority vote, may increase the 30-minute period or decrease the three speak. In the event that more than ten (10) people so qualify to speak, Council, (3) minutes otherwise allotted to each person to speak. Any matter brought before the by majority vote, may increase the 30-minute period or decrease the three (3) attention of Council during a public information period shall not be acted upon by Council at minutes otherwise allotted to each person to speak. Any matter brought before that meeting. the attention of Council during a public information period shall not be acted upon by Council at that meeting. 24 Page 26 of 49  RULE V – ORDER OF BUSINESS Section 5. Business and Reports from Council Member CURRENT RECOMMENDED Each Council Member shall have five (5) minutes to  Each Council Member shall have five (5) three (3) present to Council a business update and report from minutes to present to Council a business update and his or her ward. report from his or her ward. Information provided during these reports shall be limited to events occurring in the respective Member’s ward and shall not include the proposal and presentation of any new action items by Members of Council. 25 Page 27 of 49  RULE V – ORDER OF BUSINESS Section 7 6. Decorum of Council Member CURRENT RECOMMENDED Section 7. Decorum of Council Members. Council Section 7 6. Decorum of Council Members. Council Members shall refrain from private discourse or other Members shall refrain from private discourse or other acts tending to distract the attention of Council from the acts tending to distract the attention of Council from business before it. In debate, a Council Member shall the business before it. In debate, a Council Member confine remarks to the pending question and avoid use of shall confine remarks to the pending question and personalities. It is not the person but the measure that is avoid use of personalities. It is not the person but the the subject of debate, and it is not allowable to question measure that is the subject of debate, and it is not or impugn the motives of a Council Member, but the allowable to question or impugn the motives of a nature or consequences of a measure may be Council Member, but the nature or consequences of a condemned in strong terms. measure may be condemned in strong terms. 26 Page 28 of 49  RULE V – ORDER OF BUSINESS Section 8 7. Decorum of the Public CURRENT RECOMMENDED Section 8. Decorum of Members of the Public. Persons appearing before Council will not be allowed to: A. Campaign for public office; B. Promote private business ventures; Section 8 7. Decorum of Members of the C. Use profanity or loud, vulgar, threatening or abusive language or gestures; D. Use language which insults or demeans any person or which, when directed at a public official or employee is not related to his or her Public official duties; however, citizens have the right to comment on the performance, conduct and qualifications of public figures; E. Commit any act or disruptive behavior tending to impede or distract the attention of Council from the business before it, including NO FURTHER CHANGES . interrupting other speakers, applauding, cheering or jeering; F. Make non-germane or frivolous statements; or G. Address Council on issues that do not concern the services, policies or affairs of the City of Petersburg. The presiding officer shall preserve order and decorum at Council meetings. If the presiding officer determines that the removal of a person other than a Council Member is necessary to maintain order, after warning the person, the presiding officer may order the removal of the person. Unless permitted by the presiding officer, no person may enter the area designated as the dais of the Chamber during an official meeting of Council. No person, except a Council Member or staff, shall be allowed in the anterooms of the Chamber during the course of any hearing or other proceeding of Council except upon invitation of the presiding officer. No attention-seeking devices of any kind or nature shall be carried or placed within Council hearing or meeting rooms, with the following exceptions: 1. Articles of clothing and items attached thereto (such as buttons). 2. Signs, placards, posters, and the like, provided that they are not attached to sticks. No demonstrations are permitted in any area in which a Council proceeding or a public hearing is being conducted. This prohibition shall not apply to armbands, emblems, badges, or other articles worn on the personal clothing of individuals; provided, that such armbands, badges or emblems are of such a size and nature as not to interfere with the vision or hearing of other persons at a meeting and do not extend from the body as may cause injury to another. Any person who violates the provisions of this section or who willfully interrupts or disturbs Council proceedings, after a warning to desist, may be removed from the premises. Models, photographs, maps, charts, drawings, and other such demonstrative materials intended for use in a presentation by a specific person in testimony before Council shall be permitted without objection. 27 Page 29 of 49 RULE V – ORDER OF BUSINESS SECTIONS WITH NO RECOMMENDED CHANGES Section 2. Closed Meeting. Section 3. Consent Agenda. Section 4. Public Information Period. 28 Page 30 of 49 RULE VI - RULES OF PROCEDURE FOR COUNCIL MEETINGS  Robert’s Rule of Order.  Priority in Speaking.  Comments and Queries.  Action by Council: Proceeding Out of Order.  Rules of Discussion and Debate.  Motions.  Investigative Power. 29 Page 31 of 49 RULE VI – RULES OF PROCUEDURES FOR COUNCIL MEETING- SECTIONS WITH NO RECOMMENDED CHANGES  Section 1. Robert’s Rules of Order.  Section 2. Priority in Speaking.  Section 3. Comments and Queries. Council Members are to observe the following.  Section 4. Action by Council; Proceeding Out of Order.  Section 5. Rules of Discussion and Debate.  Section 6. Motions.  Section 7. Investigative Powers. 30 Page 32 of 49 RULE V II - COUNCIL -STAFF INTERACTION  NEW RULE 31 Page 33 of 49  RULE VII – COUNCIL -STAFF INTERACTION AND REQUESTS FOR INFORMATION, SERVICES, AND/OR WORK – DEFINING RESEARCH AND WORK CURRENT RECOMMENDED  New Rule  Requests for information, services, and/or work (including research) regarding matters of City business from a Member of Council to any member of the City’s Administration shall be made through the City Manager or City Manager’s designee. All requests for legal services and/or work (including legal research) from a Member of Council shall be made directly to the City Attorney. Upon determination by the City Manager or City Attorney at their discretion that such request for information, services (including legal services), and/or work will consume a substantial amount of time or resources, or upon the determination of the City Manager or City Attorney, at their discretion that such request for information, services (including legal services), and/or work may be of interest to other Members of Council in their official capacity, the City Manager or City Attorney may share the request and other associated information with all of Council, and may request confirmation by Council of its desire for completion before proceeding or completion with the gathering of such information, the provision of such services and/or work. 32 Page 34 of 49 Wrap Up 33 Page 35 of 49 QUESTIONS? 34 Page 36 of 49  21-R- Adopted: A RESOLUTION ADOPTING THE RULES OF COUNCIL RULE I. – MEETINGS Section 1. Regular Meetings. Except as set forth in Section 8 of Rule I, Council shall hold regular meetings on the first and third Tuesdays of each month. If a regularly scheduled meeting shall fall on the day of a general election, this meeting shall be held, instead, on the next Tuesday night following that election or any other holiday. This meeting shall be held instead on the next Tuesday night following that holiday. Section 2. Special Meetings. Special meetings of Council shall be held when called by the Mayor or requested by two or more Council Members. The call or request shall be made to the Clerk and shall specify the matters to be considered at the special meeting. Upon receipt of such call or request the Clerk, after consultation with the Mayor, shall immediately notify each Council Member and the City Attorney in writing. Such notice shall specify the matters to be considered at the special meeting. Only matters specified in the notice shall be considered at such meeting, unless all Council Members are present. The notice may be waived if all Council Members attend the special meeting or sign a waiver. Section 3. Organizational Meeting. In January of every year, Council will hold an organizational meeting prior to the first regularly scheduled public meeting. The purpose of the organizational meeting will be to adopt the Rules of Council. In odd-numbered years, Council will elect a Mayor and Vice Mayor. Section 4. Quorum. A majority of Council shall constitute a quorum for the transaction of business, unless otherwise required by law or ordinance. Section 5. Adjournment. If a quorum of Council fails to attend any meeting, whether regular or special, the presiding officer may adjourn the meeting to some later date and notice of such adjournment shall be given to each Council Member by the Clerk. The Clerk shall enter such adjournment on the journal. Section 6. Presiding Officer. All meetings of Council shall be presided over by the Mayor, or, in the Mayor's absence, by the Vice Mayor, or, in the absence of both, by some other Council Member to be designated by Council and entered of record on the journal. As used in these Rules of Council, the term “presiding officer” refers to the Mayor, or in the Mayor's absence, the Vice Mayor, or, in the absence of both, the Council Member designated by Council and entered of record on the journal. Section 7. Length of Meetings. No meeting shall extend after the hour of 12 midnight unless Council by an affirmative vote of the majority of Council Members present extends the length of 1 Page 37 of 49 the meeting. The Council Member so moving to extend the length of the meeting shall include in his or her motion the matters appearing on the docket for that meeting to be considered after the hour of 12 midnight. Section 8. Meeting Schedule. No regular meetings of Council will be held during the month of August of each year. Also, there shall be only one regular meeting in the month of December, and it shall be held on the second Tuesday of that month, unless otherwise scheduled by Council. Section 9. Start Time of Meetings. All meetings of Council shall be beginning at 6:30 p.m. unless a majority of Council Members vote to schedule it at a different time or unless a majority of Council Members inform the Clerk otherwise in writing. Required legal notice shall be given of such change. Section 10. Place of Meetings. All meetings of Council shall be held in the Union Train Station unless a majority of Council Members vote to schedule it elsewhere or unless a majority of Council Members inform the Clerk otherwise in writing. Required legal notice shall be given of each change. Section 11. Virginia Freedom of Information Act. Council whole-heartily concurs with the General Assembly of Virginia that the affairs of government are not intended to be conducted in an atmosphere of secrecy since at all times the public is the beneficiary of all action taken by its own government. Therefore, Council shall conduct its business in a way that promotes increased awareness, by all citizens, of Council's activities and affords every opportunity for citizens to witness the operations of Council except as authorized by the Virginia Freedom of Information Act, Virginia Code § 2.2-3700 et seq. Accordingly in addition to those notice and meeting requirements established by law, Council shall give no less than three (3) business days' prior notice of all special and emergency meetings unless a majority of Council Members inform the Clerk otherwise in writing and all such meetings shall take place at the time and place indicated in Sections 9 and 10 of Rule I. Notwithstanding the foregoing, actions taken at meetings, where a quorum is present and in compliance with other minimum requirements of law, shall not be invalidated by any departure from this Section 11 of Rule I. Section 12. Cancellation or Rescheduling of Meetings. Once the Clerk has notified the public of a meeting of Council, the meeting shall be held as noticed unless a majority of Council Members ask the Clerk in writing to cancel or re-schedule the meeting. Section 13. Roundtable Format. The presiding officer may request that any regular or special meeting of Council be conducted in a roundtable format to create an environment that facilitates thorough and productive discussion. Council Members and the Clerk shall assist in adjusting the set-up of the meeting room to create the roundtable format. RULE II – CLERK AND RECORDS Section 1. Clerk of Council. Council shall elect a Clerk who shall keep a neat and accurate journal of Council proceedings and shall be the custodian thereof. After the minutes are read and approved, they shall be signed by the presiding officer. 2 Page 38 of 49 Section 2. Docket. The Clerk shall prepare and present at each sitting of Council a docket of all matters requiring the attention of Council. The docket of all regular meetings shall be provided to all Council Members no later than five (5) days before Council is scheduled to meet. Section 3. Form of Ordinances. Council shall comply with Virginia Code § 15.2-1426, which states that: The object of every ordinance, except an ordinance approving a budget and annual appropriation ordinance or an ordinance with codifies ordinances, shall be clearly expressed in its title. All ordinances which repeal or amend existing ordinances shall identify by title the section to be repealed or amended. Council shall comply with Virginia Code § 15.2-1427(B), which states that: On final vote on any ordinance or resolution, the name of each member of the governing body voting and how he voted shall be recorded…[t]he governing body may adopt an ordinance or resolution by a recorded voice vote unless otherwise provided by law, or any member calls for a roll call vote. Section 4. Records of Meetings. Except as provided herein, all meetings, whether open or closed, shall be recorded electronically. The electronic recording shall be produced and maintained by the Clerk; provided, that if a recording is not possible, detailed minutes of the meetings shall be kept by the Clerk. The Clerk shall maintain accurate and up-to-date Council records, including the journal described in Section 1 of Rule II, and shall make such records available to the public. Copies of the records shall be provided to the public or any requester at his or her expense. A copy of the minutes shall be made available to the public or requester no more than seven (7) business days after the meeting. A copy of the full record, including any recording or transcript, shall be made available no later than seven (7) business days after the meeting. This Section 4 of Rule II shall not apply to administrative meetings, breakfast meetings, open discussions, or other gathering of Council when no official action is expected to take place; provided, that no official action may be taken at such meetings. Section 5. Notice of Ceremonial Proclamations. Each ceremonial proclamation shall be circulated and filed by 12:00 p.m. on the business day before the meeting at which it is to be considered. RULE III. - ORDINANCES AND AMENDMENTS Section 1. Introduction of Ordinances. Every ordinance shall be read by its title when presented. No ordinance shall be amended, suspended, or repealed except by ordinance regularly introduced and passed, nor shall any section of any ordinance be amended unless the whole section shall be reordained. No ordinance shall be considered at the meeting at which it is introduced if objection thereto be made by four (4) Council Members. 3 Page 39 of 49 Section 2. Recording Ordinances. All enacted and adopted ordinances and resolutions shall be recorded in a book to be kept for that purpose and shall be attested by the Clerk as having been enacted or adopted by Council. They shall then be signed by the Mayor. Section 3. Approval Requirements for Certain Ordinances and Resolutions. No ordinance or resolution appropriating money exceeding the sum of One Hundred Dollars ($100.00), imposing taxes, or authorizing the borrowing of money, shall be passed except by a recorded affirmative vote of a majority of Council Members. No ordinance or resolution imposing taxes or authorizing the borrowing of money shall pass on the date of its introduction. The vote on such ordinance or resolution shall be taken by "ayes" and "nays" and shall be entered on the journal, and the affirmative vote of a majority of Council Members shall be necessary for its passage. No ordinance or resolution amending or changing the rate of license fees or taxes imposed by the City of Petersburg shall pass on the day of its introduction. Section 4. Public Hearings. The presiding officer shall provide an opportunity for the public to be heard on each ordinance or resolution considered by Council. Where specific procedures for public hearing are established by law, such procedures shall be followed. In all other instances, public comment will be heard after a motion for adoption of the ordinance or resolution has been accepted by the presiding officer and prior to discussion by Council. Once Council has started discussing the motion, no further input from the public will be accepted. RULE IV. - RECONSIDERATION No question decided by Council shall be again brought forward at any subsequent meeting during the period of thirty (30) days thence ensuing, unless there is a motion to reconsider it before Council adjourns. No such motion to reconsider shall be entertained unless it is made by a Council Member voting with the prevailing side at that meeting. RULE V – ORDER OF BUSINESS Section 1. Order of Business. Unless otherwise provided in accordance with Section 4 of Rule VI, at every regular meeting of Council, the order of business shall be as follows: 1. Roll Call 2. Prayer 3. Closed Meeting 4. Moment of Silence 5. Pledge of Allegiance 6. Determination of the Presence of a Quorum 7. Proclamations / Recognitions / Presentation of Ceremonial Proclamations 4 Page 40 of 49  8. Reports / Responses to Previous Public Information Posted 9. Communications and Special Reports 10. Approval of Consent Agenda (to include minutes of previous meeting) 11. Official Public Hearings 12. Public Information Period 13. Business or Reports from Mayor or Council Members 14. Items Removed from Consent Agenda 15. Unfinished Business 16. New Business 17. City Manager’s Agenda 18. Business or Reports from the Clerk 19. Business or Reports from the City Attorney 20. Adjournment Section 2. Closed Meetings. A. Council may hold closed meetings only for the purposes set forth in Virginia Code § 2.2-3711. No closed meeting shall be held unless Council has taken an affirmative recorded vote in an open meeting approving a motion that (i) identifies the subject matter, (ii) states the purpose of the meeting and (iii) makes specific reference to the applicable exemption from open meeting requirements provided in Virginia Code § 2.2-3707 or Virginia Code § 2.2-3711(A). The matters contained in such motion shall be set forth in detail in the minutes of the open meeting. A general reference to the provisions of the Virginia Freedom of Information Act, the authorized exemptions from open meeting requirements, or the subject matter of the closed meeting shall not be sufficient to satisfy the requirements for holding a closed meeting. B. Council shall restrict its discussion during the closed meeting only to those matters specifically exempted from the provisions of the Virginia Freedom of Information Act and identified in the motion required by Virginia Code § 2.2-3711(A). C. At the conclusion of any closed meeting, Council shall immediately reconvene in an open meeting and shall take a roll call or other recorded vote to be included in the minutes of Council, certifying that to the best of each Council Member's knowledge (i) only public business 5 Page 41 of 49 matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and (ii) only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. Any Council Member who believes that there was a departure from the requirements of clauses (i) and (ii), shall so state prior to the vote, indicating the substance of the departure that, in his or her judgment, has taken place. The statement shall be recorded in the minutes of Council. Failure of the certification required above to receive the affirmative vote of a majority of Council Members present during a meeting shall not affect the validity or confidentiality of such meeting with respect to matters considered therein in compliance with the provisions of the Virginia Freedom of Information Act. The recorded vote and any statement made in connection therewith, shall upon proper authentication, constitute evidence in any proceeding brought to enforce the provisions of the Virginia Freedom of Information Act. D. Council may permit non-members to attend a closed meeting if such persons are deemed necessary or if their presence will reasonably aid Council in its consideration of a topic that is a subject of the meeting. E. Except as specifically authorized by law, in no event may Council take action on matters discussed in any closed meeting, except at an open meeting for which notice was given as required by Virginia Code § 2.2-3707. F. The Clerk shall attend all closed meetings of Council. Minutes may be taken during closed meetings of Council but shall not be required. Such minutes shall not be subject to mandatory public disclosure. Section 3. Consent Agenda. The Clerk, with the approval of the presiding officer, is authorized to prepare a consent agenda for routine, non-controversial matters. The purpose of the consent agenda is to provide a method for the expeditious handling of items which, in the opinion of the Clerk and the presiding officer, will not require discussion and will be approved unanimously by Council. Prior to the consideration of a motion to approve the consent agenda, the presiding officer shall ask if any Council Member would like to have an item removed from the consent agenda for discussion, for further information, or to have a separate vote on that item. There may be a short discussion of consent agenda items to answer any questions or clarify a matter. There shall be no lengthy debate or discussion of a consent agenda item. Matters shall be removed from the consent agenda and placed on the regular docket for debate at the request of any Council Member, with the approval of the patron, or the presiding officer. In the discretion of the presiding officer, any item on the docket may be called out of the order as listed thereon. The consent agenda shall be introduced by a motion to approve and shall be considered by Council as a single item. The consent agenda shall include, by way of illustration but not limitation, the following: A. Approval of minutes. B. Routine ordinances or resolutions. 6 Page 42 of 49  C. Final/second readings of appropriations, ordinances or resolutions which received unanimous approval upon introduction at a previous meeting; and D. Any item believed by the Clerk to be routine and non-controversial in nature. Section 4. Public Information Period. A public information period, limited in time to thirty (30) minutes, shall be part of the Order of Business at each regular meeting of Council. Each speaker shall be a resident or business owner of the City of Petersburg and shall be limited to three (3) minutes. No speaker will be permitted to speak on any item scheduled for consideration on the regular docket of the meeting at which the speaker is to speak. The order of speakers, limited by the 30-minute time period, shall be determined as follows: A. First, in chronological order of their notice, persons who have notified the Clerk no later than 12:00 p.m. on the day of the meeting, and B. Second, in chronological order of their sign up, persons who have signed a sign-up sheet placed by the Clerk in the rear of the meeting room prior to the meeting. The sign-up sheet will be retrieved by the Clerk two (2) minutes prior to the commencement of the meeting. Only those persons who have notified the Clerk prior to the meeting in accordance with (A) above, or whose names appear on the sign-up sheet in accordance with (B) above, will be eligible to speak. In the event that more than ten (10) people so qualify to speak, Council, by majority vote, may increase the 30-minute period or decrease the three (3) minutes otherwise allotted to each person to speak. Any matter brought before the attention of Council during a public information period shall not be acted upon by Council at that meeting. Section 5. Business and Reports from Council Members. Each Council Member shall have five (5) minutes to present to Council a business update and report from his or her ward. Section 6. Decorum of Council Members. Council Members shall refrain from private discourse or other acts tending to distract the attention of Council from the business before it. In debate, a Council Member shall confine remarks to the pending question and avoid use of personalities. It is not the person but the measure that is the subject of debate, and it is not allowable to question or impugn the motives of a Council Member, but the nature or consequences of a measure may be condemned in strong terms. Section 7. Decorum of Members of the Public. Persons appearing before Council will not be allowed to: A. Campaign for public office; B. Promote private business ventures; C. Use profanity or loud, vulgar, threatening or abusive language or gestures; 7 Page 43 of 49  D. Use language which insults or demeans any person or which, when directed at a public official or employee is not related to his or her official duties; however, citizens have the right to comment on the performance, conduct and qualifications of public figures; E. Commit any act or disruptive behavior tending to impede or distract the attention of Council from the business before it, including interrupting other speakers, applauding, cheering or jeering; F. Make non-germane or frivolous statements; or G. Address Council on issues that do not concern the services, policies, or affairs of the City of Petersburg. The presiding officer shall preserve order and decorum at Council meetings. If the presiding officer determines that the removal of a person other than a Council Member is necessary to maintain order, after warning the person, the presiding officer may order the removal of the person. Unless permitted by the presiding officer, no person may enter the area designated as the dais of the Chamber during an official meeting of Council. No person, except a Council Member or staff, shall be allowed in the anterooms of the Chamber during the course of any hearing or other proceeding of Council, except upon invitation of the presiding officer. No attention-seeking devices of any kind or nature shall be carried or placed within Council hearing or meeting rooms, with the following exceptions: 1. Articles of clothing and items attached thereto (such as buttons). 2. Signs, placards, posters, and the like, provided that they are not attached to sticks. No demonstrations are permitted in any area in which a Council proceeding, or a public hearing is being conducted. This prohibition shall not apply to armbands, emblems, badges, or other articles worn on the personal clothing of individuals; provided, that such armbands, badges, or emblems are of such a size and nature as not to interfere with the vision or hearing of other persons at a meeting and do not extend from the body as may cause injury to another. Any person who violates the provisions of this section or who willfully interrupts or disturbs Council proceedings, after a warning to desist, may be removed from the premises. Models, photographs, maps, charts, drawings, and other such demonstrative materials intended for use in a presentation by a specific person in testimony before Council shall be permitted without objection. RULE VI – RULES OF PROCEDURE FOR COUNCIL MEETINGS Section 1. Robert’s Rules of Order. The rules of parliamentary procedure set forth in the current edition of Robert's Rules of Order shall govern the conduct of meetings of Council, except where otherwise specified by these Rules of Council or otherwise mandated. The City Attorney shall serve as the parliamentarian for the purpose of advising Council when an interpretation on parliamentary procedures is required. 8 Page 44 of 49  Section 2. Priority in Speaking. When two or more Council Members wish to speak at the same time, the presiding officer shall name the one to speak. Section 3. Comments and Queries. Council Members are to observe the following rules during the discussion of agenda items: A. The presiding officer shall keep discussion germane to the subject. Points of clarification shall be limited to questions only. The presiding officer shall rule other comments out of order. B. Council Members may address questions to the City Manager or staff present at the meeting in accordance with the procedures and time limits set forth in Section 5 of Rule VI. Staff members should be at a microphone when answering Council Members’ questions. All legal questions should be addressed to the City Attorney. Section 4. Action by Council; Proceeding Out of Order. Items of business will be considered and dealt with one at a time, and a new proposal may not be put forth until action on the preceding one has been concluded. The presiding officer, without objection, or upon the vote of a majority of the Council Members present and voting, may proceed on any item of business out of order. Section 5. Rules of Discussion and Debate. A. Obtaining the Floor. A Council Member who wishes to speak, give notice, make a motion, submit a report, or obtain the floor for any other purpose, shall address, and be recognized by the presiding officer before addressing Council. B. Time Limits. No Council Member may be recognized more than once to debate or make a motion relating to a pending matter until all Council Members who wish to speak have been recognized. A Council Member may speak no more than three (3) minutes during the first round of debate on a pending matter, and no more than two (2) minutes during a subsequent round. A Council Member may yield all or part of his or her time provided by this section to another Council Member. The presiding officer may in his or her discretion modify time limitations with respect to specific matters scheduled for debate. C. Personal Privilege. Any Council Member, as a matter of personal privilege, may speak no more than ten (10) minutes under new business concerning a matter outside of a meeting that may affect Council collectively, its rights, its dignity, or the integrity of its proceedings, or the rights, reputation, or conduct of its Council Members in their representative capacities only. D. Point of Order. A point of order is made when a Council Member raises the question to the presiding officer, and seeks a determination by the presiding officer, as to whether there has been a breach of order or Rule. A point of order is not debatable unless the presiding officer permits debate. If the presiding officer permits debate on a point of order, the presiding officer may limit debate. 9 Page 45 of 49  E. Appeal. An appeal may be taken from any decision of the presiding officer. A Council Member shall state the basis for appealing a decision, to which the presiding officer may respond. An appeal from a decision of the presiding officer must be made promptly and before other business has intervened. A majority or tie vote of the Council Members present and voting on the question (whether the decision of the presiding officer shall be sustained) sustains the decision. An appeal is not debatable; provided, that the presiding officer may explain the basis for the presiding officer’s decision. F. Parliamentary Inquiry. A parliamentary inquiry is made when a Council Member raises a question to the presiding officer seeking information about the procedure or business before Council. The presiding officer shall direct the question to the City Attorney. A parliamentary inquiry is not debatable or appealable. G. Recognition of Non-Members. The presiding officer may recognize a person who is not a Council Member if the participation of the person would, in the judgment of the presiding officer, enhance the understanding of the matter under consideration by Council. Such person shall be permitted to speak no more than three (3) minutes during the debate on the matter under consideration. H. Ceremonial Proclamations. A ceremonial proclamation that has been adopted by Council may be presented during a meeting by the Council Member who introduced the resolution, or another Council Member designated by the Council Member who introduced the resolution. Without objection, adopted ceremonial proclamations scheduled for presentation at a meeting may be presented at a regular meeting of Council scheduled for the same day. During a Council period, no Council Member may present more than eight (8) ceremonial proclamations, except that a Council Member may yield his or her right to present a ceremonial proclamation under this section to another Council Member. No Council Member may speak for more than two (2) minutes on each ceremonial proclamation. No recipient of a ceremonial proclamation may present a display or performance during a meeting. No more than one recipient for each ceremonial proclamation shall be permitted to speak during a meeting. Section 6. Motions. A. Motions Allowed During Debate. When a question is under debate, the presiding officer may entertain only the following motions, which shall take precedence in the order listed: 1. To adjourn. 2. To recess. 3. To reconsider. 4. To lay on the table. 5. To move the previous question. 6. To close debate. 10 Page 46 of 49  7. To postpone to a day certain. 8. To amend or substitute. 9. To postpone indefinitely. B. Withdrawal or Modification of Motions. Any motion may be withdrawn or modified by the mover at any time before it has been amended or voted on. C. Adjourn. The presiding officer shall adjourn a meeting when there is no more business before Council. A Council Member may move to adjourn at any time. A motion to adjourn is not debatable, but the presiding officer may inform the Council Members of any unfinished business requiring attention of Council. D. Recess. The presiding officer may, without a vote, recess a meeting of Council to another time, day, or place. A Council Member may move to recess a meeting. A Council Member may move to amend a pending motion to recess to set a different length of the recess. If a motion to recess does not specify the time, day, or place at which the meeting will reconvene, the presiding officer may set a time, day, or place. Neither a motion to recess nor a motion to amend a pending motion to recess is debatable. A Council Member may move to recess a hearing or roundtable and reconvene the hearing or roundtable at a future time, day, or place. A recess may be taken under this section without a vote. If Council recesses a hearing or roundtable without specifying the future time, day, or place for the hearing or roundtable, the presiding officer must circulate notice of the new time, day, or place. E. Reconsider. 1. A Council Member recorded as having voted with the prevailing side on a question may move to reconsider the question at any time, except as limited by this section. 2. An act may be reconsidered before it has been approved, deemed approved, or vetoed by the presiding officer. A resolution may be reconsidered at any time before its implementation. A motion to reconsider a question considered at a different meeting shall not be in order unless the motion to reconsider has been properly noticed. 3. For the purpose of this rule, a Council Member who was present and voting on a question decided by a voice vote will be considered as having voted with the prevailing side on the question, unless the Council Member had asked to be recorded as voting against the prevailing side or recorded as “Present”. 4. A motion to reconsider cannot be made by a Council Member who was absent during a voice or roll-call vote on a question. 5. A motion to reconsider requires the approval of a majority of the Council Members present and voting. 11 Page 47 of 49  6. If the question to which a motion to reconsider applies is debatable, the motion to reconsider is debatable and the debate may go to the question. If the question to which a motion to reconsider applies is not debatable, the motion to reconsider is not debatable. 7. If a motion to reconsider fails, the motion cannot be repeated. 8. A motion to reconsider is not required to consider amendments accepted or rejected on a previous reading of a measure. 9. Votes to approve or amend these Rules of Council may not be reconsidered pursuant to this section. F. Lay on the Table and to Postpone. 1. A Council Member may make an unqualified motion to lay a question on the table, which is not debatable and, if adopted by a majority of Council Members present and voting, shall immediately end debate on the question. If an amendment to a measure is pending before Council, a Council Member may make a motion to lay the amendment on the table, which is not debatable and, if adopted by a majority of Council Members present and voting, shall immediately end debate on the amendment. 2. A Council Member may move to postpone a question to a time certain, which shall be adopted by a majority of Council Members present and voting. A motion to postpone to a time certain is debatable, though it is not in order to debate the merits of the underlying question. 3. A Council Member may move to postpone indefinitely any question pending before Council. A motion to postpone indefinitely is debatable, and it is in order to debate the merits of the underlying question. Upon adoption of a motion to postpone indefinitely, the question may not be reconsidered unless two-thirds (2/3) of Council Members present and voting agree to reconsider the question. 4. Both a motion to table and a motion to postpone may be applied to main motions only. G. Motions to Limit Debate. 1. Debate may be limited by a motion to close debate or a motion to move the previous question. Neither a motion to close debate nor a motion to move the previous question is debatable. 2. A Council Member may move to close debate, which shall require approval of two-thirds (2/3) of the Council Members present and voting. If a motion to close debate carries, no further debate is in order, except that: (i) each Council Member who has not spoken on the pending question may speak for no more than two (2) minutes; and (ii) the presiding officer may recognize the maker of the pending motion. 12 Page 48 of 49  3. A Council Member may make a motion to move the previous question, which shall require approval of two-thirds (2/3) of the Council Members present and voting. If a motion to move the previous question carries, no further debate is in order on the pending question, and no further amendments to the main motion are in order absent a motion to reconsider the motion to move the previous question. Section 7. Investigative Powers. As provided by Virginia Code § 15.2-1409, Council may make such investigations relating to its government affairs as it deems necessary, may employ financial, legal, and other personnel it deems necessary to assist in such investigations, may order the attendance of witnesses and the production of books and papers and may administer oaths. Council may apply to the Circuit Court of the City of Petersburg for a subpoena or subpoena duces tecum against any person refusing to appear and testify or refusing to produce books, papers or records as ordered Council and the judge of such court shall, upon good cause shown, cause the subpoenas to be issued. Any person failing to comply with any such subpoena shall be subject to punishment for contempt by the court issuing the subpoena. RULE VII – CHANGES AND SUSPENSIONS OF RULES No Rule of Council shall be suspended or changed except upon the affirmative vote of a majority of Council Members, or as regulated by the City Charter or other controlling law. 13 Page 49 of 49