The following rules of order and procedure shall govern the deliberations and meetings of the city council and the committees thereof, namely:
GENERAL
Rule 1. There shall be one standing committee of the city council which shall be referred to as "committee of the whole".
Rule 2. Order of business:
A. Call to order.
B. Roll call.
C. Pledge to the flag.
D. Reading of proclamations.
E. Approval of the minutes of the prior meeting.
F. Communications.
G. Petitions.
H. Report of officers.
I. Standing committee - report and resolutions.
J. First reading of ordinances.
K. Second reading of ordinances.
L. Reports and/or resolutions of special committees.
M. Resignations.
N. Appointments.
O. Other business.
P. Approval of actions taken under suspension of rules at prior meeting.
Q. Public forum addressing city business.
R. Comments or resolutions from the city council.
S. Executive session, if necessary.
T. Adjourn.
Rule 3. The standing committee or committee of the whole of the city council shall consist of all the aldermen of the city council with the mayor serving as an ex officio member. The mayor shall not be entitled to vote in committee nor shall he be counted for the purpose of establishing a quorum. The mayor shall, at the commencement of the term of the city council, prepare a list of the aldermen and the first named alderman shall serve as chairman of the standing committee or committee of the whole for a period of six (6) months. Each six (6) months thereafter the next named alderman from the mayor's list shall serve as chairman of the standing committee or committee of the whole for successive six (6) month periods until the first named alderman returns to serve as chairman a second time for the last six (6) months of the term of the city council.
Rule 4. Any person shall be permitted an opportunity to address the city council at any of its regular, special or committee meetings by request to the office of the city clerk, specifying the date of the meeting at which the person desires to speak. This request must be conveyed to the office of the city clerk during regular business hours and prior to commencement of the meeting. The requestor shall advise the office of the city clerk of the subject matter or topic the requestor desires to address so that the chairman of the meeting may recognize the requestor at the appropriate time on the agenda when such subject matter or topic would be most appropriate. If no subject matter or topic is specified, or if the subject matter or topic does not appear to relate to any matter on the agenda of a particular meeting, the requestor shall be allowed to address the meeting during the public forum portion of the meeting agenda. A person desiring to address the meeting shall be limited to a five (5) minute presentation at any meeting and the chairman of the meeting shall advise the person desiring to address the city council of the foregoing time limitation and shall require compliance therewith.
Rule 5. After a report is made or a motion stated by the mayor, it shall be deemed as a possession of the city council, but it may be amended or laid on the table, or withdrawn at any time before the question is taken.
Rule 6. Any member of the city council, including the mayor, may introduce a resolution for consideration by the city council. After first reading, the resolution shall be subject to a motion to refer to committee and, upon receiving a second, the mayor shall so order the referral to committee. No debate shall be in order on first reading of a resolution, except brief questions seeking clarification of the purpose or intent of the resolution may be allowed in the discretion of the mayor.
Rule 7. Every ordinance shall be numbered when introduced, but no ordinance shall be introduced before the city council or considered by the city council unless the filing and introduction of such ordinance has been authorized by means of a resolution which has been passed at some previous meeting of the city council. When an ordinance is introduced it shall be read in full unless each member of the city council has a copy of same and then the ordinance shall be read by title only. Notwithstanding the foregoing, should any alderman receive a second to a motion that an ordinance be read in full, then a two-thirds (2/3) vote of the city council will be required to defeat said motion. After the ordinance is read either by title or in full, whichever the case may be, same shall be laid over to the next regular meeting, unless the rules are suspended. The second reading of any ordinance shall be by title only and shall thereupon be put to vote on passage.
Rule 8. The passage of all ordinances for whatever purpose and of any resolution or motion: 1) to create any liability against the city or 2) for the expenditure or appropriation of its money, shall require a concurrence of a majority of the aldermen unless otherwise expressly provided by state law or any other act governing the passage of any ordinance, resolution or motion. All other resolutions and motions shall require a simple majority of the aldermen present and voting. Yeas and nays shall be taken upon the question of the passage of all ordinances, resolutions or motions and recorded in the minutes of the city council.
Rule 9. In all cases where a resolution or motion shall be entered on the minutes of the city council, the name of the members moving the same shall be entered in the minutes.
Rule 10. No resolution for the expenditure of money, except in case of an emergency, which shall first be determined by a two-thirds (2/3) vote of the members elected to the city council and except the provisions of section 1-13-9-3 of this title shall be allowed unless and until the same is referred to the proper committee, and a favorable report thereon made by said committee at the next meeting of the city council.
Rule 11. No bill shall be allowed unless the same has been filed in the office of the city comptroller on the Friday preceding each regular meeting and unless it has been properly certified to by the proper standing committee, and the city council may provide that the party filing same shall make affidavit that he is not indebted to the city, in taxes, fines or otherwise, and that the bill is just, true and unpaid.
Rule 12. When a question is under debate, no motion shall be received but to adjourn, lay on the table, table, layover, amend or the previous question.
Rule 13. The "previous question" shall be as follows: "Shall the main question now be put?"
Rule 14. On consideration of any matter by the committee following referral from the city council floor, a motion duly seconded to lay over the matter to a subsequent meeting of the committee shall be so ordered by the chairman of the committee. On the second or any subsequent consideration of any matter previously laid over, a motion for layover, duly seconded, shall require a consensus of the majority of the members present and voting to be laid over.
Rule 15. On taking the ayes and nays on any question, the names of the members shall be recorded by wards. Each Alderman's vote shall be entered upon the proceedings. A brief explanation of the Alderman's vote may be offered; however, under no circumstances are there to be further questions asked or other comments made during the call of the roll.
Rule 16. The ayes and nays shall always be taken on a motion to adjourn.
Rule 17. All rules of procedures and order of business shall be adhered to invariably by the City Council except that the same may be temporarily suspended upon an explanation of the purpose and necessity for such suspension, which suspension action shall require the affirmative vote of five (5) members of the City Council. Should a suspension of the rules allow action to be taken on a matter that was not properly posted on the agenda of a meeting of the City Council or any Committee thereof, such action shall not be deemed to be a final action unless such action is subsequently approved or affirmed at a meeting of the City Council or Committee when such approval or affirmation of the matter is properly posted to the agenda of such subsequent meeting.
Rule 18. The rules of parliamentary practice contained in Robert's Rules of Order shall govern the City Council in all cases in which they are applicable and in which they are not inconsistent with the standing rules and orders of the City Council.
CITY COUNCIL
Rule 19. Every member, previous to his speaking, shall rise from his seat and address the chair, and say, "Mr. Mayor", but shall not proceed with his remarks until named and recognized by the chair.
Rule 20. No member of the City Council shall be permitted to speak more than twice on the same question or subject, and then for no longer than five (5) minutes each time at any given meeting. Permission may be granted for an extension of time by a two-thirds (2/3) vote of the members present at such meeting of the City Council. No member of the City Council shall at any time in addressing any meetings thereof indulge in any personalities or in any matters or things not pertaining to the subject under discussion.
Rule 21. When the City Council is in session, when a member is speaking or when the City Clerk is reading any paper to the City Council, no member shall enter into a private conversation, or in any way disturb the proceedings of the City Council. No member of the City Council shall leave his seat to speak to any other member of the City Council or any other person in the chambers without first obtaining permission of the Mayor.
Rule 22. Every member, when a question is taken, shall vote, unless excused by the City Council, or unless he has a conflict of interest and so states.
Rule 23. When a question before the City Council contains several distinct propositions, any member may call for a division of the question, so as to allow the vote on each proposition separately.
Rule 24. If any member transgresses the rules of the City Council, the Mayor shall, or any member may, call him to order, and the member called to order shall immediately sit down. He may appeal the chair as stated in Rule 27. If his appeal is upheld, he may be at liberty to proceed. If against him and the case warrants it, he may be censured by a two-thirds (2/3) roll call vote of the Aldermen present and voting.
MAYOR/CHAIRMAN
Rule 25. The Mayor shall preside at all City Council meetings and shall take the chair at the beginning of each session and call the members to order.
Rule 26. The Mayor shall preserve order and decorum. He may speak only to points of order, or in preference to any member of the City Council. He may answer any questions put to him by any member of the City Council. The Mayor may at any time call the Mayor Pro Tem, or in his absence, the senior member of the City Council to perform the duties of the chair. He may use this procedure to address the City Council from the podium on any question or discussion before the City Council. This substitution shall not extend beyond an adjournment.
Rule 27. Questions of order are subject to appeal to the Council as a whole. The objector states "I appeal the chair". If the motion is seconded, the City Council shall then vote on roll call; if two-thirds (2/3) of the Aldermen present and voting vote in favor of the appeal, the chair is overruled. On appeal to the chair, no member of the City Council may speak more than once unless by leave of the City Council.
Rule 28. Every question or motion, when duly seconded, shall be distinctly stated by the Mayor before it is open for debate.
Rule 29. No motion for reconsideration of any ordinance or other matter shall be entertained by the chair, unless made before adjournment of the City Council at the meeting it is acted upon, and then only when the same number of Aldermen are present, and motion is made by a member having voted in the majority.
Rule 30. When the Standing Committee shall be appointed, the City Clerk shall notify the chairman of the same on the day after their appointment. The chairman shall call the Committee together and when a quorum be present, shall transact all business before it.
Rule 31. The Standing Committee to which any matter is referred shall report thereon in writing at the next regular City Council meeting, stating the facts and their opinions thereon. A "minority report" shall be allowed, which report (for information purposes only) shall be placed on file.
Rule 32. When a matter is referred to two (2) or more committees, that matter shall be placed on the agenda of the Committee first named, whose committee chairman shall be responsible for reporting thereon to the City Council.
Rule 33. Any person employed by the City may be required to attend Standing Committee meetings; provided, that the Committee chairman shall so request such department head or employee in advance of said meeting and further that the City Clerk shall so notify said employee, in writing, with a copy of said notification given to the Committee chairman and the Mayor.
Rule 34. All reports made by the Committee, and all resolutions adopted by the City Council, shall be held and preserved by the City Clerk.
Rule 35. The chairman of the Committee of the City Council to whom any matter pending in the City Council shall be referred, the subject matter of which shall be of a local character, shall notify the Alderman representing the ward where such local interest is, whenever the Committee meets for consideration of said matter.
Rule 36. A tie vote in Committee shall constitute a defeat.
Rule 37. Any resolution coming from the Committee to which the matter has previously been referred in any form (i.e., a communication or report) may be acted upon by the City Council without a suspension of rules prior to consideration of said resolution.
Rule 38. All the new business introduced at any meeting shall be referred to the appropriate committee, and laid over until the next regular meeting.
Rule 39. All preliminary and final plats for subdivisions or resubdivision and all petitions for amendment to the Zoning Ordinance of the City shall be filed with the City Clerk who in turn will place said document on the agenda for the next meeting where the Mayor Pro Tem will ask for it to be referred to the City Plan Commission for necessary review and/or hearing.
Upon receipt of the recommendation of the City Plan Commission as to any matter previously referred to the City Plan Commission by the City Council, the City Council may act upon the recommendation by resolution introduced with or in lieu of the report of the City Plan Commission, without the customary layover or referral to the Committee of the Whole. (Ord. 5867, 4-27-1994; amd. Ord. 6155, 4-23-1997; Ord. 6170, 7-23-1997; Ord. 6244, 2-25-1998; Ord. 1999; Ord. 6468, 3-22-2000; Code; Ord. 7377, 11-13-2013; Ord. 7378, 11-13-2013; Ord. 7749, 3-26-2020)