A Proposed Method

Formally adopted policy generally takes the form of a governing principle, plan, or course of action. In the public sector it generally evolves from a deliberative process, and is adopted by an ordinance or resolution. Legislative bodies make public policy decisions; others perform the administrative task of implementing those policies. The decisions could be the adoption of a vision for the community, a comprehensive plan, a budget, or a policy relating to a specific issue, such as allowing or prohibiting local gambling activities. Policy-making requires political wisdom, diplomacy, and prudence to bring diverse community interests together around a shared purpose. Common usage of the term "policy" also includes the wise and expedient conduct of management; thereby blurring the line between policy and administration and causing confusion in the roles of elected legislators.
Public policy is a combination of basic decisions, commitments, and actions made by those who hold authority or affect government decisions. The policy-making process weighs and balances public values. Often there is no "right" choice or correct technical answer to the issue at hand. Policymaking can be an adversarial process, characterized by the clash of competing and conflicting interests and viewpoints rather than an impartial, disinterested, or "objective" search for "correct" solutions for policy issues. The larger and more diverse the constituency, the more difficult policymaking becomes, particularly when addressing regional issues. Democracy is sometimes messy. Since our government is a representative democracy, an effective policy-making process insures that all relevant viewpoints are heard, and that the rights of individuals are protected.
City legislation originates from Council members. As such, the way for council members to affect the actions of city administration is the introduction and passage of ordinances or resolutions. Council members working with assistance from the City Attorney draft legislative proposals in the forms of ordinances and resolutions that are presented to the City Council.
The Council member’s need to outline what the ordinance or resolution is designed to accomplish and identify a resource person who will be able to assist the drafter with policy decisions concerning the proposal. Once a satisfactory outline has been prepared and desires to proceed with having an ordinance or resolution drafted should place that request in writing to the City Attorney, who shall present the request to the City Council to determine if they want to authorize the drafting of said legislation.
The Council member’s outline should include the following points that demonstrate a forward looking approach:
· A statement of intended outcomes
· Contingency or scenario planning
· Taking into account the municipality's long term strategy
The Council member should include evidence to support the policy:
· Reviews of existing research
· Proposals to commissions new research
· Provides information from relevant experts and/or uses internal and external consultants
Once the outline is complete, the council member is ready for presentation to the Council.
(1) Presentation --
Once the proposed outline is drafted, the Council member will submit the proposal to the City Clerk for inclusion on the appropriate agenda.
The proposed ordinance or resolution may be rejected upon presentation by a majority vote of the 5-Member Council. If the proposed ordinance or resolution is rejected, the City Attorney is not authorized to draft the proposed ordinance or resolution. Upon approval, an ordinance or resolution must be sponsored by at least one authorized City representative. Other Council members are entitled to be listed as sponsors.
(2) Introduction --
Once drafted, legislation is placed on the next appropriate agenda for introduction or first reading and is normally referred to one of Council's committees/boards. All legislation must be accompanied by an Agenda Item Summary Form which notes background information about the ordinance or resolution and includes a policy analysis from the City Manager.
The policy analysis in its simplest form will include four distinct steps that need to be considered and implemented. These steps are: what is the problem; what are the alternatives; which is the best alternative; and providing a recommendation.
Committee/board meetings are scheduled on each ordinance or resolution to elicit comments from citizens, the business community, government agencies, and others affected by the proposed legislation. The sessions are not public hearings, and public testimony is taken at the committee/board Chairman's discretion. The sessions are used to formulate amendments to the ordinance or resolution and generally are open forums for informal discussion of the merits of the proposed legislation.
Each ordinance or resolution reported out of committee is accompanied by a committee report which summarizes comments and amendments made in committee. Ordinance or resolution that are amended or redrafted in committee are designated and marked as amended.
A committee may not kill an ordinance or resolution. Introduction of an ordinance requires three reading and potentially a public hearing based on State statute and City code. Introduction of a resolution requires two readings and potentially a public hearing based on State statute and City code. The committee's amendments or redraft of an ordinance or resolution and the accompanying agenda item summary are customarily sent to the City Manager at least seven days before a bill is scheduled for introduction.
As a courtesy to the City Manager, ordinances originating from the office are presented with the sponsorship shown at first reading as "The Chairman (by request of the City Manager)". However, such ordinances must be sponsored by a Council Member as a prerequisite to introduction.
(3) Public Hearing --
Following introduction of an ordinance or resolution, the Clerk, shall give public notice of the time and place for a public hearing on the legislation as required by State statutes or City code. The hearing must be advertised in designated newspapers of record. Most hearings are scheduled in the Council Chambers, although the location may be changed to accommodate public interest.
(4) Amendments --
Following the public hearing, an ordinance or resolution may be amended. If the amendment is determined by the Council to be "substantive", the amended bill must be reprinted and advertised for a second public hearing before it can be considered for final action.
Final action on an ordinance may be taken after the public hearing and the third reading is completed unless the second reading is waived by motion and roll call vote. Debate will proceed only after the item has been moved and seconded for action. The Chairman must recognize a Council Member for participation in debate.
Final action on a resolution may be taken at any meeting after the public hearing. Debate will proceed only after the item has been moved and seconded for action. The Chairman must recognize a Council Member for participation in debate.
(5) Roll Call Votes --
Roll call votes are required on final actions on all ordinances or resolutions. Voice votes are sufficient for procedural motions. A Council Member may abstain from casting a vote on any question without disclosing the reason. The roll call begins alphabetically and each successive roll call starts with the next letter in the alphabet. A Council Member has the right to explain any vote.
Absences from a roll call vote will be noted on the official voting tally. A voting log is compiled for each Council Member for each session by the Clerk's office, and this log, along with the attendance log, is open for public inspection.
(6) Reconsideration --
Reconsideration of ordinances or resolutions can be moved only a Council Member voting on the prevailing side (or by any member where a bill fails for lack of a prescribed majority) and can be done only on the day of enactment or at the next legislative session following enactment. A Council Member on the prevailing side may move for reconsideration at the subsequent Council session without regard to its being an agenda item.
(7) Enactment --
Most ordinances or resolutions require three votes for enactment. Ordinances and resolutions require the signature of the Council President and the City Clerk, who must sign all legislation following Council approval.
In conclusion, we must realize that policy-making is shaped by recognition of competing values, ideas and judgments as well as by our bounded rational tools. Through honest and fair public debate we try to systematize and explain particular judgments about what is just by appealing to widely shared principles, "going back and forth," changing the judgments or the principles to satisfy similarly revisable methodological constraints, such as consistency, simplicity, and explanatory power. The task is to find a stable basis for cooperation that does not abstract from actual interests but that also avoids relativization to those interests.