CHAPTER 121
Rules of the City Council
Rules of the City Council
121.01 General.
121.02 Meetings.
121.03 Agendas.
121.04 Legislation.
121.05
Voting.
121.06
Rules of conduct.
121.07
Motions.
121.08
President of Council.
121.09
Vice President of Council.
121.10
Clerk of Council.
121.11
City Council committees, boards and commissions.
121.12
Additional Council responsibilities.
CROSS REFERENCES
Qualifications - see CHTR. §3.02
Vacancies - see CHTR. §3.03
Removal of members - see CHTR. §3.04
Organization - see CHTR. §3.06
Quorum - see CHTR. §3.08
Compensation - see CHTR. §3.09
Clerk of Council - see CHTR. §3.10
Mayor to preside at meetings - see CHTR. §4.04
Duties of Finance Director - see CHTR. §6.01
Contracts and purchasing; limits and appropriations - see CHTR. §6.03
Power to levy taxes limited - see CHTR. §6.04
Duties of Law Director - see CHTR. §7.01
Election of Planning Commission member - see CHTR. §13.01
Mandatory referral to Planning Commission - see CHTR. §13.04
Public hearings for zoning, building regulations - see CHTR. §13.05
Power to grant franchises - see CHTR. §18.01
Power to propose Charter amendments - see CHTR. §19.01
Confirmation of appointment of Charter Review Commission - see CHTR. §20.01
121.01
GENERAL.
(a) The City of Aurora Rules and/or Bylaws of the City Council are to be adopted by the first meeting in March following the Organizational Meeting. These rules may be amended at any point in time, provided there is a concurrence of at least two-thirds of the members of the City Council or of a majority of the City Council provided that previous notice of a motion to amend was included with the call to meet. (Charter 3.06)
(b) The City Council shall first and foremost be governed by the Charter of the City of Aurora and the laws of the State of Ohio. When either of the aforementioned entities is silent, and a provision is not listed in the following rules, the current edition of Robert's Rules of Order shall prevail.
(c) Under Robert's Rules of Order, Aurora's City Council sessions are defined as a "Deliberative Assembly" and a "Legislative Body for Structured Dialog."
(d) All references to the Charter and the Ohio Revised Code are references only, included for continuity of the document, and are not to be amended by the City Council. The Law Department will be responsible for making the necessary corrections to the rules, whenever a Charter amendment or a change in the Ohio Revised Code has occurred. This change will not be subject to vote for amendment by the City Council. The changes will go into effect as soon as a new Charter or law becomes effective. (Ord. 2024-028. Passed 2-26-24.)
121.02
MEETINGS.
(a) General. The following meetings shall have minutes taken, and these minutes shall be approved by a majority of City Council and filed with the Clerk of Council.
(b) Organizational Meeting.
(1) The City Council organizational meeting is to be held in January of each year following a regular municipal election. The City Council shall meet in the Council Chambers for the purpose of organization. No gathering of persons elected as members of the City Council, prior to the start of their term, shall be considered a meeting of City Council. (Charter 3.06
)
(2) The President of Council, the Vice President of Council, the Planning Commission representative, and the Clerk of Council and any deputies shall be elected by the members of the City Council at this meeting.
(3) The Chairman and Vice Chairman of the Committee of the Whole shall be elected by the members of the City Council at this meeting.
(4) Committee, Board, and Commission assignments shall be based on the seniority of the Members of the City Council. City Council members shall list their top three (3) choices in order of preference. In order of seniority, each City Council member will be assigned his/her top choice. If the member’s top choice is not available, then the member’s next choice in order of preference shall be considered. The appointments made by the City Council shall be valid until the next organizational meeting or as otherwise determined by the City Council.
(5) Seniority for the selection of assignments shall be determined by the length of uninterrupted councilmanic service only.
(6) No meeting of a Committee of Council, Board or Commission shall convene during January of an even numbered year, prior to the Organizational Meeting of the City Council.
(c) Regular Meetings. All meetings of the City Council shall be held in the Council Chambers in City Hall unless otherwise ordered by the City Council. In December of each year, the City Council shall vote to set the Regular City Council Meeting Calendar for the following year.
(d) Special Council Meetings. Special Council meetings may be called by the Mayor, President of Council, or any three (3) members of the City Council. Unless an emergency exists requiring a shorter notice confirmed by at least two-thirds of the members of the City Council, there shall be given at least twenty-four (24) hours notice in writing of such special meeting served personally on each member of City Council or left at their usual place of residence. Such notice shall state the subjects to be considered at the meeting and no other matter shall be considered except on the approval at that meeting by at least two-thirds of the members of the City Council. City officials requested to attend the Special Council meeting shall also be notified in the above manner. (Charter 3.07)
(e) Work Sessions. Work sessions may be called by the President of Council, three (3) members of the City Council, or by a motion of the City Council. There shall be given at least twenty-four (24) hours’ notice in writing of such work session served personally on each member of the City Council or left at their usual place of residence. Such notice shall state the subjects to be discussed at the meeting and no other matters shall be discussed except on the approval at that meeting by at least two-thirds of the members of the City Council. City officials requested to attend the work session shall also be notified in the above manner. No legislative deliberation is to take place during a work session. Citizens' comments may be permitted at work sessions.
(f) Public Hearings.
(1) Public Hearings offer citizens an opportunity to express their opinion on a particular issue or piece of legislation in front of the City Council before final consideration. Public hearings may be a separate meeting or may be held before, during, or after a regular or special meeting. No legislative deliberation is to take place during a public hearing. The City Council will not approve the legislation the same night as the hearing. In the event that the timeline necessitates earlier approval, this provision may be waived.
(2) Public hearings in front of the City Council must be held for the following issues:
A. Zoning Map and Regulation Changes
B. Budget Commission Tax Rate and Levy Certification
C. Annual Tax Budget Approval
D. Other issues as advised by the Law Director
E. Upon the request of the majority of Council
F. Building Regulation Changes
G. CAUV Applications
(3) Notification
A. Date of hearing must be set by a motion of the City Council
B. Hearing must be advertised in at least one newspaper of general circulation
C. Hearing advertisement must occur at least 30 days prior to the public hearing
D. Advertising must state the title of the legislation, the time, date and place of the hearing
E. All "Aurora reporting" press should be notified
(g) Quorum. A majority of the members of the City Council shall constitute a quorum to transact business, but a lesser number may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by the City Council rules and regulations duly adopted. (Charter 3.08)
In the absence of a quorum at the hour appointed for the meeting the members present may, by majority vote of those present, recess for a period not exceeding thirty minutes.
(h) Time Limit. City Council meetings shall not exceed three (3) hours, not including Executive Sessions and the Mayor's Report, unless the City Council suspends the Rules of the City Council to continue the meeting. The questions and answers regarding the Mayor's Report are to be considered as a part of the Report.
The Mayor's Report shall be limited to seven (7) minutes, not including questions and answers, unless a longer period of time is approved by the Chair.
(i) Executive Session.
(1) All meetings of the City Council shall be public. However, the City Council may go into Executive Session to consider only those subjects permitted by Ohio law.
(2) The City Council must return to Open Session prior to the consideration of any order of business.
(3) Executive Sessions are privileged and confidential, and information shall not be shared with anyone other than the participants.
(Ord. 2024-028. Passed 2-26-24.)
121.03 AGENDAS.
(a) Posting. The agenda prepared for any regular meeting of the City Council shall be posted at City Hall, the Post Office, the Public Library, and in no less than two (2) other of the most public places in the City, as determined by the City Council, at least seventy-two (72) hours prior to the commencement of said meeting by the Clerk of Council or any deputies. (Charter 3.06)
Please refer to Section 121.04
(c) of this document for listing of posting locations.
(b) Order of Business.
(1) Call to Order
(2) Pledge to Flag
(3) Roll Call
(4) Reconsideration of Prior Action
(5) Consideration of Minutes
(6) Public Hearings and/or Executive Session(s), if applicable
(7) Mayor's Report
(8) Law Director's Report
(9) Council President's Report
(10) Citizen Comments - Legislation
(11) Councilman Remarks - Legislation
(12) Legislation
(13) Citizen Comments - General
(14) Councilman & Committee Remarks
(15) Miscellaneous, if applicable
(16) Adjournment
(c) Agenda Items.
(1) Ordinances and resolutions may be placed on the Legislative Agenda when sponsored by Committees, Boards, and Commissions, the Mayor with the endorsement of two (2) members of the City Council, at least three (3) City Council members, or by a motion of the City Council. Those ordinances and resolutions pertaining to the legislative powers of the municipality may be sponsored by the President of Council.
(2) The City Council agenda Items must be submitted to the Clerk of Council no later than noon Thursday immediately preceding the City Council meeting. A request to add an item to the agenda after the deadline will be deferred until the next meeting, unless extenuating circumstances exist to which consent to said request should not be unreasonably withheld.
(3) Committee of the Whole agenda items must be submitted to the Clerk of Council no later than noon Wednesday immediately preceding the City Council meeting. A request to add an item to the agenda after the deadline will be deferred until the next meeting, unless extenuating circumstances exist to which consent to said request should not be unreasonably withheld.
(4) Any items requiring legislative action must be submitted in ordinance or resolution form pursuant to Section (c)(1) above.
(d) Adding to the Agenda. Any ordinances or resolutions which were not placed on the agenda prior to distribution and posting need to be added to the agenda via motion and approval by a majority of the City Council. (The City Council reserves the right to determine the appropriateness of the request for immediate consideration.)
(e) Removing from the Agenda. Any ordinances or resolutions which have been placed on the agenda, and deemed inappropriate for consideration by the City Council, shall be removed from the agenda via motion and approval by a majority vote of the City Council.
(Ord. 2024-028. Passed 2-26-24.)
121.04
LEGISLATION.
(a) General. All legislative action shall be done by ordinance or resolution, except when otherwise required by the Constitution or the laws of the State of Ohio, but departmental procedure and administrative matters may be transacted by motion recorded in the minutes and actions.
(b) Format.
(1) All legislation is to be prepared and/or submitted by the Law Department.
(2) Every resolution and ordinance shall contain one (1) subject only, which subject shall be clearly expressed in its title. (Charter 3.11)
(3) Every resolution and ordinance shall reflect, somewhere on its first page, who initially sponsored it for the City Council's consideration.
(Charter 3.11)
(4) Every resolution and ordinance shall be fully and distinctly read by title only on three different days, unless at least two-thirds of the members of the City Council vote to suspend this rule. If this rule is suspended, then the resolution or ordinance shall be so read by title at least once before passage. (Charter 3.11)
(c) Posting. All ordinances, resolutions, statements, orders, proclamations, notices and reports required by law, or by the Charter, to be published, shall be posted at City Hall, the Public Library, the Post Office, the City Website and in no less than two (2) other of the most public places in the City, as determined by Council. (Charter 3.11)
Please refer to Section 123.01
of Aurora’s Codified Ordinances for a listing of posting locations. The documents listed above shall be posted for a period of not less than fifteen (15) days prior to taking effect, except as may otherwise be provided in the Charter or applicable Ohio law. If legislation was passed as an emergency, it shall be posted for fifteen (15) days after passage by the City Council.
(d) Passage.
(1) No ordinance, resolution, measure, or other action shall be passed without the concurrence of at least a majority of the members of the City Council, unless a different number is required by the provisions of the Charter or applicable Ohio law. (Charter 3.11
)
(2) If the competitive bid process has been bypassed, then approval by at least 2/3rds of the members of Council is needed for passage. (Charter 6.02)
(3) On the passage of every ordinance, resolution, measure, or other action, the votes shall be taken by yeas and nays and each City Council member's vote shall be included in the minutes. (Charter 3.11)
(4) All legislation must be presented to the Mayor no more than forty-eight (48) hours after passage by the City Council, for approval or disapproval. If the Mayor approves the legislation, he/she must sign it and file it with the Clerk of Council within ten days. If the Mayor does not return it within this time period, it shall become effective in the same manner as if it were signed. (Charter 4.06
)
(5) All legislation shall go in effect thirty (30) days after the signing of the Mayor, unless the legislation contains an emergency clause.
(6) Any legislation with an emergency clause must state the reason for the emergency, and be approved by a vote of at least two-thirds of the total members of the City Council, to go in effect immediately upon the signing of the Mayor. If the ordinance passes by less than the required number of votes to become an emergency, then it shall go in effect after thirty (30) days.
(e) Reconsideration.
(1) A motion to reconsider can only be made by a member who voted on the prevailing side. It may be seconded by any member.
(2) A majority vote is required to pass a motion for reconsideration.
(3) Reconsideration of legislation can only occur prior to the approval of the minutes from the meeting where the adoption or defeat of the legislation occurred.
(4) No legislation shall be reconsidered after going into effect.
(f) Veto.
(1) If the Mayor disapproves a piece of legislation, the Mayor shall return it, with the objections, in writing to the Clerk of Council within ten days after it is presented to the Mayor by the Clerk, which objections shall be entered in full in the minutes and actions of the City Council. (Charter 4.06)
(2) For the next meeting of the City Council, the Clerk of Council shall place on the agenda, immediately following the roll call, the question of whether the City Council wishes to sustain or override the veto of the Mayor.
A. Sustain - If the City Council agrees with the veto of the Mayor, it will be sustaining the veto. This agreement must be indicated by either no motion for reconsideration, or a motion for reconsideration with a failing vote for passage.
B. Override - If the City Council does not agree with the veto of the Mayor, it will be overriding the veto. This disagreement must be indicated by a motion for reconsideration, followed by passage of the legislation.
C. The City Council may choose to reconsider a vetoed piece of legislation at its next meeting. This motion will require a majority vote of the City Council. If reconsidered, a two-thirds or more vote will be required for passage of the ordinance and overriding of the veto.
D. A vetoed piece of legislation, which has been overridden by the City Council, shall not be forwarded for the Mayor's signature. The legislation shall take effect based on the rules of the Charter.
(Ord. 2024-028. Passed 2-26-24.)
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