title
Resolution Amending Wilmington City Council’s Rules of Order Related to Ordinance Approval and Setting of Council’s Consent Agenda
body
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Department: |
City Attorney |
Meeting Date: |
10/21/2025 |
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Contact Name: |
Shawn Evans |
Public Hearing: |
No |
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Contact Phone: |
910-341-7820 |
Advertising Date/Advertised By: |
N/A |
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Attachments: |
Attachment #1: Resolution; Attachment #2: Council’s Rules of Order - Clean; Attachment #3: Council’s Rules of Order - Redline |
PURPOSE:
The proposed amendments to Council’s Rules of Order (“Rules”) will give the City Manager the ability to place ordinances that are routine and unlikely to generate debate, and any of their companion resolutions, on the Consent Agenda. This will improve efficiency of Council meetings and eliminate the need to have presentations and multiple votes on straightforward, uncontested items.
BACKGROUND:
The City Manager is responsible for setting the agenda for City Council meetings, guided by the Rules and any applicable state laws. Rule 12, Section 4 of the Rules currently requires two readings on all ordinances, unless an item is declared an emergency measure. These procedures are consistent with the City Charter, but they are stricter than what state law requires for general ordinances.
N.C.G.S. §160A-75 outlines the general voting requirements regarding City Council approval of ordinances, and states that ordinances pass on first reading with a vote of 2/3 of the total members of Council. For a City Council of 7 members, ordinances would pass on first reading with an affirmative vote of five or more Councilmembers, and no second reading would be required. As a result, ordinances placed on the Consent Agenda would pass after a single affirmative vote of at least 5 Councilmembers on the Consent Agenda, without the need for a second vote on those ordinances. Similarly, even if an ordinance is on the regular agenda, if it passes with five or more affirmative votes on the first reading, no second reading would be required for that ordinance either.
NCGS §160A-3(a) states that where State Law and City Charter both define a “procedure” for the performance of any power, duty, or function, the two procedures may be used as alternatives, and the City may elect to use either one. This resolution reflects a choice by Council to implement the state law procedure for approval of ordinances, instead of the current procedure that is outlined in the City’s charter.
The proposed changes to Rule 5 (“Consent Agenda”), Rule 12 (“Council Voting”), and Rule 13 (correction of typographical error) are incorporated in Attachment 2, and a redline version showing the requested modifications to the Rules can be found in Attachment 3. With these changes, any Councilmember will still be able to pull any item off the Consent Agenda for additional discussion and a separate vote.
Ordinances requiring public hearings, public comment required by statute, or involving special voting rules required by state law will not be placed on the Consent Agenda.
budget
BUDGET IMPACT:
None.
recommendation
RECOMMENDATION / ACTION REQUESTED:
Passage of this resolution is recommended.