§ 101-63. Presiding officer and rules for debate.  


Latest version.
  • (a)

    Generally. In accordance with the Fulton County Code of Laws, the chair of the board of commissioners is responsible for the orderly conduct of the board during the meeting and serves as the presiding officer. In order to ensure a fair, orderly, and efficient meeting, the chair must enforce the rules of procedure adopted by the board. In the absence of the chair, the vice-chair shall preside. Where a quorum is present and neither the chair or vice-chair is present, the board may designate an acting presiding officer. Meetings are conducted in accordance with these procedural rules, applicable state law, and Robert's Rules of Order, Newly Revised. Where a commissioner raises a procedural question and these rules are silent, and in the absence of a specific statute, ordinance, or resolution, the question shall be resolved in accordance with the provisions of Robert's Rules of Order, Newly Revised, so long as the provision used to answer the question is not in violation of local, state or federal laws.

    (b)

    Debate. All resolutions, contracts, and items of business which require board approval prior to the expenditure of funds, as well as any other item which requires board action, shall be acted upon by the board only after a commissioner makes a motion and receives a second to the motion. A motion and proper second is recorded by the clerk. Each commissioner, by virtue of his/her election to the board, has the right and obligation to debate any and all issues which come before the board for consideration. However, to ensure an orderly and efficient meeting, each commissioner shall observe the following rules in regards to debate:

    (1)

    The chair, as presiding officer (or vice-chair in the chair's absence), shall call for discussion on an item. No debate on an item should begin until the item has been sounded by the clerk to the commission (the clerk), or in the clerk's absence, the chief deputy clerk.

    (2)

    Once the item has been properly moved and seconded, the chair shall call for discussion.

    (3)

    Thereafter, the chair shall open debate by recognizing each commissioner who wishes to speak for a period not to exceed ten total minutes, with the additional stipulation that no commissioner shall hold the floor for more than five consecutive minutes of their allotted time. However, at the opening of each board meeting, a commissioner may ask their colleagues to waive the normal time limits on issues they deem need more time. The board will vote on each request before the agenda begins and decide among themselves what additional amount of time to allot to each commissioner. The developmental services director or the board's designee shall be the official timekeeper for the board.

    (4)

    If a commissioner believes that debate on an issue is too lengthy or that a vote should be called for immediately on an issue, he or she can "call the question" or "move the previous question." This motion is out of order if it is made while another commissioner has the floor or if the maker of the motion is not recognized by the chair. This is a motion that is not debatable and requires a second. Once the motion has been properly made and seconded, the chair shall immediately stop debate on the issue being debated and announce that there is a call the question motion on the floor. Immediately thereafter, the chair shall call for a vote on the call the question motion, not on the main motion. If the call the question motion fails, debate on the issue may continue, and then the chair may allow debate on the issue to resume. If it passes, the chair must immediately call for a vote on the issue which was the subject of the call the question motion.

    (5)

    Any action by the board, including final action on applications for changes in land use status, but excluding a reconsideration of any action previously considered, i.e., motions to adjourn, motions to suspend the rules, an affirmative vote to lay on the table, or to take from the table, shall be subject to a motion to reconsider. After a motion to reconsider is made, a motion to rescind must also be made. After the motion to rescind is made, the matter would be appropriate for an additional passed motion and discussion thereon. Such motions can only be made by a member of the prevailing side on the original action. A motion to reconsider may be made immediately after it fails to prevail but in no case can it be made any later than the next scheduled board of commissioners meeting. A motion to reconsider is debatable only if the action being reconsidered is debatable. Upon passage of a motion to reconsider, the subject matter shall be considered anew without regard to previous board action. No reconsideration can be made on a zoning request at a subsequent meeting.

    (6)

    Any zoning matter which is deferred or on which discussion is otherwise postponed by the board shall be heard at the next appropriate scheduled zoning meeting. Zoning matters are heard only on the first meeting of the month, in accordance with a schedule set by the director of developmental services. Ordinarily, no new zoning cases are heard in January.

(93-RC-701, Rule 3, 1-5-94)