121.01 RULES OF COUNCIL.
   (a)   Regular Meetings. The regular meetings of Council shall be held in Council Chambers on the second and fourth Mondays of each month, at 7:30 p.m.
(Ord. 26(88-89). Passed 12-12-88.)
   (b)   Special Meetings.
      (1)   The Mayor, three members of Council or the President of Council may call a special meeting upon at least twenty-four hours written notice to each member served personally upon or left at his usual residence or place of business, and upon at least twenty-four hours verbal or written notice to the news media that have requested notification, except in the event of an emergency requiring immediate official action. In the event of an emergency, the Mayor or members calling the meeting shall notify the news media who have requested notification immediately of the time, place and purpose of the meeting. Any person may, upon request and payment of a reasonable fee to be determined by the Safety-Service Director, obtain reasonable advance notifications of all meetings at which any specific type of public business is to be discussed.
      (2)   No business shall be transacted at any special business meeting of Council except the particular business for the transaction of which the special meeting may be called. The notice required by law to be served upon each member, requiring his attendance at the special meeting, shall contain a statement of the business for the transaction of which the special meeting may be called.
      (3)   The order of business at special meetings shall be the same as in regular meetings, except that only the special business for which the meetings have been called shall be considered.
      (4)   Any special meeting shall be deemed a regular meeting if so directed by a majority vote of Council. (
Ord. 31(78-79). Passed 8-28-78.)
   (c)   Meetings Open to Public. All meetings of Council shall be open to the public at all times. Notice shall be given to the public of the time and place for all regularly scheduled meetings by giving oral or written notice of the same to all news media who have requested notification.
(Ord. 1(76-77). Passed 2-18-76.)
   (d)   President of Council.  
      (1)   The President of Council shall take the chair at the hour to which Council shall have adjourned at the preceding session, shall immediately call the members to order and, on the appearance of a quorum, shall cause the minutes of the preceding session to be read, unless otherwise ordered by Council. The President shall preserve order and decorum. He may speak on any question by calling any other member to the chair, but shall not, after speaking on any question, resume the chair until the question is disposed of. He may, in common with any other member, call any member to order who violates any of the rules and, when in the chair, decide all questions of order, subject to an appeal to Council as set forth in subsection (d)(2) hereof.
      (2)   Any member may appeal to the Council from the ruling of the Presiding Officer and if the appeal is seconded, the member making the appeal may briefly state the reason for the same, and the Presiding Officer may briefly explain the ruling, but there shall be no debate on the appeal, and no other members shall participate in the discussion. The Presiding Officer shall then put the question “Shall the decision of the chair be sustained?” If the majority of the members vote “Aye,” then the ruling of the Chair is sustained.
      (3)   In the absence of the President, the President pro tem shall discharge the duties of the President. In the absence of the President and President pro tem, the Clerk shall call Council to order and, if a quorum shall then be present, Council shall appoint one of their number President pro tem, for that meeting, or until the appearance of the President or President pro tem. The President pro tem shall, while in the chair, have all the powers and discharge the duties of the President.
         (Ord. 1(90-91). Passed 2-26-90.)
   (e)   Quorum. A majority of all the members of Council shall constitute a quorum. The vote of the majority of those present and constituting a quorum shall be sufficient to transact business in the absence of the other members, except in those cases where a different number is or may be required by the laws of the State or by these rules.
(Res. 1(62-63). Passed 1-4-62.)
   (f)   Committees.
      (1)   The President shall appoint all committees, subject to the approval of a majority of Council. The first named member of any committee shall be the chairman of that committee. The President shall, at the meeting next succeeding his election, in each year, appoint standing committees for the ensuing year. Such standing committees shall consist of three members each, on the following named subjects: Finance/Audit; Utilities; Parks and Recreation; Police and Fire; Streets/Sidewalks and Storm Sewers; Planning and Zoning; Economic Development; and Rules. All matters shall be submitted to the proper committee without debate, and shall be reported upon at the next regular meeting. Special committees may be appointed as necessary.
         (Ord. 52(98-99). Passed 8-23-99.)
      (2)   The President of Council shall refer all issues brought to Council to the committee he/she deems to be appropriate. Council may, by majority vote, remove any issue from any committee or transfer any issue from one committee to the other.
         (Ord. 37(2002-03). Passed 10-13-03.)
      (3)   All reports of committees shall be made in writing and signed by the members concurring in the report.
      (4)   The Committee chairperson will order legislation from the Law Director, when necessary.
(Ord. 8(94-95). Passed 8-8-94.)
   (g)   Ordinances and Resolutions.
      (1)   Each ordinance and resolution shall be read by title only, provided Council may require any reading to be in full by a majority vote of its members.
      (2)   Each ordinance or resolution shall be read on three different days, provided Council may dispense with this rule by a vote of at least three- fourths of its members.
      (3)   The vote on the passage of each ordinance or resolution shall be taken by yeas and nays and entered upon the journal.
      (4)   Each ordinance or resolution shall be passed, except as otherwise provided by law, by a vote of at least a majority of all the members of Council.
      (5)   The law of the State shall prevail when it requires more than a majority to pass any ordinance or resolution.
   (h)    Motions.
      (1)    Action by Council, not required by law to be by ordinance or resolution, may be taken by motion approved by at least a majority vote of the members present at the meeting when the action is taken.
         (Ord. 1(76-77). Passed 2-18-76).
      (2)    Every motion or proposition made, except privileged questions, shall be reduced to writing before action is had thereon, when required by any member.
      (3)    When a question or proposition is before Council or under debate, no motion shall be received, except the following: To adjourn; to lay on the table; for the previous question; to postpone to a certain day; to commit or amend; or to postpone indefinitely. Such motions shall have precedence in the order named. The motion to adjourn shall always be in order, unless Council is engaged in voting, and the motion to adjourn or to lay on the table and for the previous question, shall be decided without debate.
      (4)    When a motion is made for reference of any subject to a standing committee, and it is moved to amend the motion to substitute a select committee therefor, the question of reference to a standing committee shall be first put.
      (5)    When the previous question shall be moved and seconded by the members, it shall be put in these words: "Shall the main question now be put?" and until decided shall preclude all further amendments of the main question and all further amendments thereof, and all further debate thereon; but shall not preclude pending amendments from being put, in their proper order, before the main question. Should the previous question be decided in the negative, it shall not have the effect to prevent further action on debate upon the main question, or amendments thereto, at that meeting.
(Res. 1(62-63). Passed 1-4-62.)
   (i)    Voting.
      (1)    All members present shall vote on any question on the calling of the yeas and nays, unless excused by the unanimous consent of Council. However should any member declare that he or she is in a conflict of interest as to any question then pending before Council and state the reasons for such conflict, the member may not then be compelled to vote as to that question.
      (2)    The yeas and nays, when demanded by any member, shall be taken on the passage of any resolution, or any question or proposition submitted to Council. In taking the yeas and nays the Clerk shall call the names of the members in alphabetical order. Before the announcement of the vote by the President, the Clerk shall read the votes so taken, upon demand by any member.
      (3)    Any member may call for a division of the question, or the President may direct the same. Such question shall be divided in either case if it comprehends questions so distinct that, one being taken away or apart, the other will stand as an entire question for decision.
      (4)    The largest sum and longest time shall be first put, in cases where different sums or different times are named.
      (5)    Any member who voted with the majority may move a reconsideration of any action of Council, provided that the motion be made not later than the next regular meeting after the action was taken. No motion to reconsider shall be made more than once on any one matter or subject and the same number of votes shall be required to reconsider any action of Council as is required to pass or adopt it.
         (Ord. 24(82-83). Passed 1-24-83. )
   (j)    Conduct.
      (1)    No member shall leave Council while in session, without leave being granted by the President of Council.
      (2)    No member shall speak more than twice on the same motion without leave, and no member shall speak more than once on the same motion until every member desiring to speak on that motion shall have had an opportunity to do so. When a member wishes to speak, he shall rise in his place and address the President. While he is speaking, no member shall pass before the speaker, or otherwise interrupt him, except to call him to order. Each time at speaking shall be limited to five minutes unless otherwise authorized by the President of Council. This rule shall apply to all persons presenting a matter to Council.
         (Res. 1(62-63). Passed 1-4-62.)
   (k)    Meeting Agenda and Order of Business. The business of Council at regular meetings, except upon the organization of a new Council, shall be transacted in the following order:
      (1)    Roll call;
      (2)    Reading and approving minutes;
      (3)    Reports from City officials;
      (4)    Presentation of petitions and communications;
      (5)    Reports of standing committees;
      (6)    Reports of special committees;
      (7)    Persons appearing before Council to discuss legislation on present agenda;
      (8)    Unfinished business in the order formerly presented;
      (9)    New ordinances and resolutions;
      (10)    New or miscellaneous business; and
      (11)    Persons appearing before Council to discuss new or miscellaneous business.
(Ord. 1(90-91). Passed 2-26-90.)
   (l)    Agenda. The Clerk of Council shall prepare an agenda of matters to be brought before Council. A copy of the agenda shall be presented to the Mayor, President of Council, Law Director, members of Council and other interested officials prior to the meeting.
   (m)    Appropriations. No money shall be appropriated except by ordinance. An ordinance appropriating money shall be submitted to the Finance Committee before passage. In case it is presented without the submission, it shall, without debate, be referred to the Finance Committee for consideration.
   (n)    Claims. Before paying any claim against the City not already specifically provided for, such claim shall be referred to the Auditor, who shall examine it. If the claims are found to be correct and proper, he shall so certify to the Finance Committee, whose certificate of examination and approval shall be authority for the Law Director to embrace the claims in an ordinance for payment.
   (o)   Mayor’s Approval. Every ordinance or resolution shall, before its goes into effect, be presented to the Mayor for approval. The Mayor, if he approves the ordinance or resolution, shall sign and return it to Council. If he does not approve it, he shall within ten days after its passage or adoption, return it, with his objections to Council, or, if Council is not in session, to the next regular meeting. Such objections shall be entered in its journal. The Mayor may approval or disapprove the whole or any item of an ordinance appropriating money. If he does not return the ordinance or resolution within the time limited herein, it shall take effect in the same manner as if he had signed it, unless, Council, by its adjournment, prevents its return. When the Mayor disapproves an ordinance or resolution, or any part thereof, and returns it with his objections, Council may, after ten days, reconsider it, and if the ordinance, resolution, or item, upon reconsideration, is approved by a two-thirds vote of all the members elected, it shall then take effect as if signed by the Mayor.
   (p)   Law Director. The Law Director shall, when requested by any member of Council, give a verbal opinion on any question of law concerning City affairs, in open Council, but he may, if he deems the matter of importance, take a reasonable time to submit his opinion in writing. He shall not be required to draw any ordinance or resolution except upon a majority vote of the members.
   The Law Director, when requested by the chairman of a committee to which any ordinance or resolution has been referred, shall assist in the examination of the ordinance or resolution.
   
   (q)   Vacancy. In event of a vacancy in Council, no vote shall be taken to fill the vacancy until the next regular meeting.
   (r)   Call to Order. If any member, in speaking or otherwise, shall violate any rule of Council, the President shall, or any member may, call him to order. If such member is called to order while speaking, he shall immediately sit down, unless permitted to explain. The question of order shall be decided without debate, and if the decision shall be in favor of the member called to order while speaking, he shall be at liberty to proceed, otherwise he shall not be at liberty to proceed with his speech without leave of Council.
   (s)   Right of Public to Address Council. Persons other than members of Council desiring to speak before Council upon any subject may do so upon being recognized by the President of Council. The person shall distinctly state his name and the subject to be discussed.
(Res. 1(62-63). Passed 1-4-62.)
   (t)   Amendments. The rules or any by laws for the government of Council may be altered or amended by new rules adopted at any regular meeting of Council by the following method: a resolution to alter, amend or make new rules or by laws shall be presented, read and referred to the rules committee, unless Council shall otherwise direct.
(Ord. 4(2000-01). Passed 3-13-00.)
   (u)   Robert’s Rules of Order. In the absence of any rule upon any matter of business, Council shall be governed by the ordinary rules governing legislative bodies, laid down and set forth in Robert’s Rules of Order.
(Res. 1(62-63). Passed 1-4-62.)