By-Laws of the Sioux Falls Planning Commission

 

Article I.  Planning Commission Officers and their Duties

 

At the first regular meeting in January, the Planning Commission shall elect a chairperson and vice-chairperson.

 

Chairperson—presides at all hearings and meetings of the Commission, votes only in the event of a tie vote, assures proper order of the Commission and the public in all proceedings, signs all documents of the Commission, and represents the Commission before legislative and administrative bodies.

 

Vice-chairperson—shall perform the duties and have the responsibilities of the chairperson during the absence, disqualification, or disability of the chairperson.

 

Chairperson-pro-tem—when both the chairperson and vice-chairperson are absent from a hearing or meeting, the remainder of the members of the Planning Commission shall elect a chairperson-pro-tem from among their own number by majority vote.

 

Article II.  Staff of the Commission and their Duties

 

The Planning Commission may utilize City staff and departments to carry out appropriate planning functions.

 

Planning Director—advises the Planning Commission and City Council on matters related to planning, development, and redevelopment, coordinates and supervises the work of all other staff and consultants, prepares all documents for presentation to the Planning Commission, and assists the Planning Commission in the exercise of their duties. The Planning Director or designee shall have the privilege to address the Planning Commission during regular meetings.

 

Legal counsel—the City Attorney or designee shall serve as legal counsel to the Planning Commission; prepares memoranda of law as requested by the Planning Commission, and review draft of ordinances, resolutions, and bylaws and their amendment.

 

Article III.  Meetings

 

Regular meeting—shall be held on the first Wednesday of every month at 7 p.m., in the City Council Chambers of Carnegie Town Hall. If the regular meeting falls on a designated City holiday, then the regular meeting shall be held on the second Wednesday of the month. Regular meetings are noticed official meetings, open to the public, during which the Planning Commission deliberates and may take votes on specific items.

 

Special meeting—can be held at any time and may be called by the chairperson. Special meetings are noticed official meetings, open to the public, during which the Planning Commission deliberates and may take votes on specific items.

 

Working session—a noticed official hearing open to the public to discuss specific matters before the Commission. The intent of the working session is informational, and the Planning Commission may neither deliberate nor take a vote during the working session.

 

Joint meeting—shall be held on the fourth Monday of every month at 7 p.m., in the Minnehaha County Courthouse Commission Room. Joint meetings are noticed official meetings, open to the public, during which the City and County Planning Commissions deliberate and may take votes on specific items within the three-mile extraterritorial area.

 

Article IV.  Order of a Regular Meeting or Public Hearing

 

Article V.  Form and Character of Motions

 

The form and character of motions shall conform to those offered within Robert's Rules of Order, Revised, except as specified below.

 

Upon review of the full public record and due deliberation among the members of the Planning Commission, any of its members, except the chairperson, may make a motion. The motion shall include approval, approval with specified conditions, or denial and preferably a recitation of findings which support the motion.

 

A second.

 

A motion shall die for lack of second.

 

Article VI.  Quorum and Voting Requirements

 

A quorum of the Planning Commission shall consist of four members.

 

A majority of the members present shall be required to pass a motion.

 

Abstention from voting shall not be counted in the determination of a motion but shall be recorded.

 

In the event of a tie vote among the other Planning Commission members, the chairperson shall vote.

 

Article VII.  Instruments and Documents of the Planning Commission

 

The official instruments of the Planning Commission are the record of notice, the agenda, and the minutes of hearings and meetings.

All notices, agendas, requests, agency or consultant letters or reports, citizen petitions, maps, photographs, staff reports, minutes of hearings and meetings shall constitute the documents of the Planning Commission and shall be indexed as a matter of public record and be maintained in the City Planning Office.

 

Article VIII.  Conduct of the Members of the Planning Commission

 

Members of the Planning Commission shall make every attempt to attend all meetings and shall take such time as necessary to prepare themselves for hearings and meetings.

 

Any Planning Commission member absent from three consecutive regular meetings or any six regular meetings within a calendar year, without being excused by the chairperson, will be contacted by the chairperson to discuss the absences and possible resignation.

 

A Planning Commission member with a conflict of interest in an item before the Commission shall declare that a conflict of interest exists and withdraw from participation. Such participation includes any presentation, discussion or voting, in the regular or special meeting, or working session on that item. However, the interests of that Planning Commission member may be represented before the Planning Commission by another designated representative or legal agent at the meeting or session, and testimony entered into the public record.

 

Article IX.  Conduct of Persons Before the Planning Commission

 

During all public meetings and working sessions, members of the public shall be given equitable opportunity to speak. Comments should be addressed to the item before the Planning Commission. Where a comment is irrelevant, inflammatory, or prejudicial, the chairperson may instruct the Planning Commission to “disregard” the comment, which nevertheless remains in the public record.

 

During all regular and special meetings and working sessions of the Planning Commission, the public may be present but shall remain silent unless specifically invited by the chairperson to provide comment.

 

During all Planning Commission proceedings, members of the public have the obligation to remain in order. Any conduct which interferes with the equitable right of another to provide comment or which interferes with the proper execution of Commission affairs may be ruled by the chairperson as “out-of-order” and the offending person directed to remain silent. Once having been so directed, if a person persists in disruptive conduct, the chairperson may entertain a motion to “eject” from the Planning Commission meeting or session. Where the person fails to comply with the successful motion to eject, the chairperson may then call proper authority to physically remove the individual from the chamber for the duration of the meeting or deliberation on that item.