Ordinances and Resolutionsc.ymcdn.com/sites/mocities.site-ym.com/resource/resmgr/...Presented June...
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Serving those who serve the public
Ordinances, Resolutions and
Parliamentary Procedure
Presented June 12, 2014 by Pam Fellin
Missouri Municipal League
Elected Officials Conference
Overview of Topics
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What is the difference between a resolution and an ordinance?
What is a Resolution?
What is an Ordinance?
Classifications, requirements, content, and adoption
procedures
Codification
Parliamentary Procedure
Compare/Contrast
Ordinances and Resolutions
Ordinances are the legislative acts of
a governmental body
Creates a new local law new authority
for local government agents to act
Resolutions are administrative acts
of a governmental body
A mere expression of opinion
No real distinction between a
resolution and an approved motion
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Resolutions
Deal with matters of special or temporary character
Exception - Resolution to increase expenditures over budgeted amount
Do not require formalities of procedure
Mayoral veto power
Recording of the ayes and nays
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Ordinance Classifications
General/Special
Penal/Non-Penal
Police Power
Contracts
Public Improvements
Administrative Source: I Mo. Local Government Law §§ 4.32 through 4.37
(MoBar 3d ed. 2002, 2008)
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Ordinance Requirements
Adopted by a legally existing governing body
Governing body has power to act
Ordinance is within scope of powers
Ordinance has reasonable, definite, certain terms
Adopted in the required form and using proper procedure
In harmony with constitution and existing laws
Serves a public purpose
Source: I Mo. Local Government Law § 4.39 (MoBar 3d ed. 2002, 2008)
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Ordinance Contents & Procedure for Adoption
Written
Must include title or subject
Recitals (recommended)
Includes the “magic words”
“Be it ordained by…”
Include an effective date
Must be properly read
In full or title only
Vote recorded in minutes
Signed by the Mayor
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Codification of Ordinances
System for organizing
ordinances by type and
section numbers
Adoption of codes by
reference
Technical codes
Nuisance abatement
Model traffic code
Vehicle equipment
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Parliamentary Procedure
Rules for Conduct
Making meetings meaningful
Sample Agenda
Call to Order
Roll call of members present
Reading and/or approval of minutes of last meeting
Officers reports
Committee reports
Unfinished business
New business
Announcement
Adjournment
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Motions
Path to Decision-making
Initiation by Chair
Basic Motion
Motion to Amend
Substitute Motion
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Know Your Motion
Motion to Table
Motion to Postpone
Motion to Reconsider
Motion to suspend the
rules.
Motion to Adjourn
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Closed Session
Sunshine Law Requirements
When
How
Why
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Resources
Missouri Bar CLE Local Government
Deskbook
Robert’s Rules of Order
Parliamentarian Rules of Order
Democratic Rules of Order
Modern Rules of Order
Robert’s Rules for Dummies
http://www.moga.mo.gov/
Lauber Municipal Law, LLC
Serving those who serve the public
Ordinances, Resolutions and
Parliamentary Procedure
Contact Information:
Pam Fellin
Lauber Municipal Law, LLC
520 SE 2nd Street, Suite D
Lee’s Summit, Missouri 64063
(816) 525-7881
[email protected] Scan with your smart phone QR reader
About the Firm
Lauber Municipal Law, LLC, was established for the purpose of serving local governmental entities of all
types and sizes. We can serve your community as its general counsel (City Attorney) or as special counsel
for technical issues like economic development incentive approvals, annexation, elections, impeachments,
and appellate work..
Our goal through Lauber Municipal Law, LLC, is to meld our previous experience together to provide a
high-quality, “big firm” work product, while providing the flexibility, personal responsiveness, and cost
effectiveness of a small firm. We completely understand public entities’ needs to obtain the most
effective representation possible while considering the fact that these services are compensated from a
budget made up of public funds. As the motto for Lauber Municipal Law, LLC, states: We are proud to
serve those who serve others. Our sincere desire is to make that job easier and less stressful for the
elected officials and administrative staffs of these entities.
The choice of a lawyer is an important decision and should not be based solely on advertisements. This disclosure is required by rule of the
Missouri Supreme Court.