STATE OF SOUTH
CAROLINA )
) ORDINANCE NO. 03-10-07
COUNTY OF NEWBERRY ) (WITH PROPOSED AMENDMENTS)
AN ORDINANCE TO AMEND CHAPTER 31 OF THE NEWBERRY COUNTY CODE OF
ORDINANCES SO AS TO AMEND THE PROVISIONS RELATING TO THE ORGANIZATION OF THE
AGENDA AND THE RECEIVING OF PUBLIC COMMENTS, AND THE TIME ALLOTTED THEREFORE
AND TO MAKE CERTAIN TECHNICAL ADJUSTMENTS TO THE PROCEDURES AS CODIFIED.
WHEREAS, Newberry County Council, as the governing body of Newberry County and
pursuant to § 4-9-110 of the S.C. Code
of Laws, 1976, as amended, is authorized and empowered to set its own rules of
procedure, and to amend those rules from time to time, so as to more perfectly
provide for orderly procedures for the conduct of the business of the Council
for the benefit of the people of the County; and
WHEREAS, Newberry County Council has determined that an amendment to its
existing Rules of Procedure, as codified in Chapter 31 of the Newberry County
Code of Ordinances, is required to achieve these purposes, and to reflect
certain previously adopted changes which were made by Ordinance No. 02-07-04,
but not reflected in the codification of the Ordinances in the County Code.
NOW, THEREFORE, BE IT ORDAINED THAT NEWBERRY COUNTY COUNCIL DOES HEREBY
AMEND CHAPTER 31 OF THE NEWBERRY COUNTY CODE OF ORDINANCES SO AS TO:
1. Provide that in Section 31.05, “Regular Meetings,” paragraph
(A), is amended to change the date and time of regular County Council meetings
from 7:30 p.m. to 7:00 p.m. on the first and third Wednesdays of each month.
2. Provide that Section 31.26, “Orders of Session,” is amended
to switch the contents of subparagraph (E) (4), “Public Comments,” with
subparagraph (E)(14), “Personal Appearances,” so as to place Public Comments
before any vote to go into Executive Session, and to direct the Clerk of
Council to adjust the Code of Ordinances
accordingly.
3. Provide that Section 31.25, “Definitions” shall be amended
by adding definitions for “Public Comment and “ Public Appearances,” as
follows:
A. “Public Comments” are comments offered
by those members of the public who sign a sign-in sheet immediately before a
County Council meeting for recognition to speak on an issue.
B. “Personal Appearances” are appearances
before County Council by persons who have been asked by the Council or the
Administrator to appear before Council to address an issue, or by persons who
have requested time to make an appearance before Council and whose request has
been granted before the Agenda is published.
4. Provide that Section 31.26, Orders of Session, is amended to
move subparagraph (E) (20), “Executive Session,” from the 20th
numbered subparagraph in paragraph (E) of Section 31.26 to a numbered
subparagraph immediately after existing subparagraph (E)(15), “Vote for
Executive Session,” and to add a numbered subparagraph immediately after the
subparagraph for Executive Session, to be entitled “Take Any Necessary Action
on Matters Discussed in Executive Session,” and to direct the Clerk of Council
to renumber the subparagraphs in Section 31.26 (E) accordingly.
5. Provide that in Section 31.27, “Rules of Conduct,” a new
paragraph (D) shall be inserted after paragraph (C), and the subsequent
paragraphs redesignated accordingly.
New paragraph (D) shall provide as follows:
(D) RECEIVING
PUBLIC COMMENTS
(1) During periods of public
comment, the comments shall be limited to three minutes, unless the speaker
requests additional time and a majority of Council votes to grant the
additional time. The allotted time
is not transferable among speakers.
(2) Priority in the order
of receiving comments may be given by the Chair to persons wishing to speak
who have not addressed Council on the same subject in recent meetings. All
speakers who have signed up will be heard.
(3) Council members will refrain from debating issues with those
offering comments.
(4) Written comments will be
entertained by Council from those who are unable to or who do not wish to speak
publicly.
(5) The Chair, with the
consent of Council, may consider amendments to an agenda for a meeting which
would allow the reception of public comments on an Ordinance or Resolution
immediately before a vote is taken on the matter.
(6) After public comments have
been received, and as provided in amended Agenda item (22), each Council
member will be given an opportunity to respond to any comments which have been
made during the meeting, or to make other comments.
6. For the guidance of the Council members and the public, the
amended portions of Section 31.26, “Orders of Session,” with the proposed
changes, will read as set forth on Exhibit “A”, attached here to and
incorporated herein by reference.
AND IT IS SO ORDAINED by Newberry County Council
this 18th day of April,
2007 in
meeting duly assembled
at Newberry, South Carolina.
NEWBERRY
COUNTY COUNCIL
(SEAL) By:_____________________________
Attest:
Henry B. Summer, Chairman
_______________________________
Susan C.
Fellers, Clerk to Council Reviewed
and approved as to form:
1st reading: March 21, 2007 ________________________________
Public Hearing: April 18,
2007 Gary T.
Pope, County Attorney
2nd reading: April 4, 2007 ________________________________
3rd reading: April 18, 2007 Wayne Adams, County Administrator
EXHIBIT “A”
(E) The agenda shall consist of the following categories of
business, to be taken up in the order listed:
(1) Opening of meeting;
(2) Invocation;
(3) Pledge of Allegiance;
(4) Personal appearances;
(5) Adoption of Consent Agenda;
(6) Additions, Deletions and Adoption of Agenda;
(7) Ordinances (Note: Required Public Hearings shall ordinarily be held
immediately prior to second reading of an Ordinance, but may be held
immediately prior to third reading.)
(a) Third Readings (preceded by public comments as determined by
Council);
(b) Second readings (if no public hearing is held, then preceded by
public comments as determined by Council);
(c) First Readings;
(8) Resolutions;
(9) Committee Reports, in alphabetical order;
(10) Appointments;
(11) Acceptance of bids
(12) Other items;
(13) Requests by Councilmen;
(14) Public Comments (by those who signed up at the meeting);
(15) Vote for Executive Session, when necessary;
(16) Executive Session;
(17) Take any Necessary Action on Matters Discussed in Executive Session;
(18) Comments from County Administrator;
(19) Comments from Council Members;
(20) Vote to Adjourn;
(21) Adjournment.