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Special meetings may be called by the Mayor or any three Council members upon written call filed with the City Clerk not less than three days prior to the date for which the meeting is called. Upon the filing of the call, the Clerk shall immediately deliver or mail a notice thereof to the Mayor and each Council member. Public notice of all meetings shall be given as prescribed by the Open Meetings Act, 5 ILCS Ch. 5, Act 120, § 1.
(Ord. 89-39, passed 9-12-1989)
(A) Recording closed sessions. The city shall keep a verbatim record of all closed or executive session meetings of the corporate authorities of the city or any subsidiary “public body” as defined by the State Open Meetings Act, ILCS Ch. 5, Act 120, § 1. The verbatim record shall be in the form of an audio or video recording as determined by the corporate authorities.
(B) Responsibility for recording closed sessions and maintaining recordings. The City Clerk or his or her designee shall be responsible for arranging for the recording of closed or executive sessions. In the absence of the City Clerk or his or her designee, the meeting Chair will arrange for the audio or video recording of the closed or executive session of the City Council. Each subsidiary public body of the city shall designate an individual who will be responsible for the recording of any and all closed or executive sessions of the subsidiary body and for providing the City Clerk with a copy of the recording. The City Clerk, or his or her designee, shall securely maintain the verbatim recordings of all closed sessions of the corporate authorities of the city and all subsidiary public bodies of the city.
(C) Closed session minutes. In addition to the recordings of the closed and executive session as addressed in this section, the city will keep minutes of all closed meetings in accordance with the requirements of the Open Meetings Act, ILCS Ch. 5, Act 120, § 1.
(D) Procedure for recording. At the beginning of each closed session, those present shall identify themselves by voice for the audio recordings. If the meeting is videotaped, those present shall individually appear on camera and identify themselves by voice at the beginning of the closed session. The meeting Chair shall also announce the times the closed session commences and ends at the appropriate points on the recording.
(E) Back-up equipment/procedure for equipment malfunction. The city will maintain sufficient tapes, batteries and equipment for the city to comply with this section. The City Clerk or his or her designee will periodically check the equipment to confirm that it is functioning. In the event that anyone present at a closed session determines that the equipment is not functioning properly, the closed session will be temporarily suspended to attempt to correct the malfunction. In the event that an equipment malfunction cannot be corrected immediately, the closed session will terminate until a time as the closed session may proceed with a functioning recording device.
(F) Procedure for review of closed session minutes and recordings. At one meeting at least every six months, the agenda shall include the item: “Review of the minutes and recordings of all closed sessions that have not yet been released for public review and determination of which minutes, if any, may be released.” Minutes shall be reviewed in closed session and shall not be released unless the corporate authorities of the city find that it is no longer necessary to protect the public interest or the privacy of an individual by keeping them confidential. As to any minutes not released, the corporate authorities shall find that the “need for confidentiality still exists” as to those minutes. Minutes of closed sessions shall be kept indefinitely. Recordings shall be reviewed in a manner appropriate to the purpose for which they were intended.
(G) Maintenance and public release of recordings and access to tapes. The audio or video tape recordings of closed sessions shall be maintained for 18 months after the closed session and shall not be released to the public unless the release is required by a court order or specifically authorized for release by a vote of the City Council. Members of the corporate authorities may listen to the closed session recordings in the presence of the City Clerk or his or her designee. Copies of the tapes will not be made or provided to anyone unless specifically authorized by vote of the City Council.
(H) Procedure for destruction of recordings. The City Clerk or his or her designee is hereby authorized to destroy the audio and video recordings of those closed sessions for which:
(1) The corporate authorities of the city have approved the minutes of the closed sessions as to accurate content, regardless of whether the minutes have been released for public review;
(2) More than 18 months have elapsed since the date of the closed session;
(3) There is no court order requiring the preservation of the recording; and
(4) The corporate authorities of the city have not passed a motion requiring the preservation of the verbatim recording of that meeting.
(Ord. 06-01, passed 1-10-2006)
(A) Any matter requiring a roll call vote at a regular meeting of the City Council may be voted on by an absent Council member via a conference telephone call between the absent Council member and the rest of the Council present at the regular meeting under the following conditions:
(1) The absent Council member cannot be physically present at the regular meeting at which the matter is put to vote due to circumstances beyond the Council member’s control. A vacation is not under any circumstances to be considered beyond an Council member’s control.
(2) The absent Council member is at least 150 miles from the city’s municipal office at the scheduled time of the regular meeting.
(3) The absent Council member’s voice on the conference telephone call, after being identified by the rest of the Council as belonging to the absent Council member, shall be simultaneously broadcast to the public present at the regular meeting and open to the media, and the absent Council member shall also be able to hear any public comment regarding the issue(s) elicited at the meeting, if any, before the vote is taken.
(4) Before voting, the absent Council member shall publicly state the reason for not being present at the regular meeting to vote in person.
(B) The yeas and nays of the Council members shall be taken upon the passage of all ordinances and all propositions to create any liability against the city, or for the expenditure or appropriation of its money, and in all other cases at the request of any member of Council. The vote shall be entered on the journal of Council proceedings, and a majority vote of all Council members is necessary to pass any proposition. However, a proposition to sell school property shall require a vote of three-fourths of the Council members. The Mayor may vote to break a tie, upon the passage of all ordinances and all propositions to create any liability against the city or for the expenditure or appropriation of its money.
(Ord. 89-39, passed 9-12-1989; Ord. 99-21, passed 5-25-1999)
(A) Rule 1. Quorum; order of business; agendas.
(1) Each meeting of Council shall convene at the time appointed for the meeting as provided by this chapter. In the absence of the Mayor, the Council members present shall elect one of their number, by majority vote, to chair the meeting. The City Clerk, or someone appointed to fill his or her place, shall thereupon immediately call the roll of members. If no quorum is present, Council shall not thereby stand adjourned, but the members present shall be competent to adjourn by a majority vote.
(2) A quorum for the transaction of business shall consist of a majority of all the Council members entitled by law to be elected. When a quorum is present, Council shall proceed to the business before it, which shall be conducted in the following order:
(a) Pledge of Allegiance and moment of silence;
(b) Open forum;
(c) Presentation of previous meeting’s minutes for approval;
(d) Bid openings-tabulations;
(e) Berwyn Development Corporation – Berwyn Township/Health District;
(f) Reports and communications from the Mayor;
(g) Reports and communications from City Clerk;
(h) Communications from (Zoning) Board of Appeals;
(i) Reports and communications from Council members, committees, other boards and commissions;
(j) Staff reports; and
(k) Consent agenda.
(3) During the open forum, the Chair, for not longer than 15 minutes, shall recognize and allow members of the public to express their opinions, to address Council or to petition the members orally in connection with subjects and matters not appearing on the meeting agenda. A speaker so recognized by the Chair shall give his or her name and address; be orderly and polite; not use profanity or scurrilous language; not use the privilege to make a personal attack upon Council or any of its members or other officers of the city; and otherwise conduct himself or herself in a decent and proper manner.
(4) All communications to Council at a regularly scheduled meeting shall be submitted in writing to the Clerk on or before 10:00 a.m. on the Friday immediately preceding the regular Tuesday night Council meeting. The Clerk shall then prepare a typewritten agenda of all communications to be presented for consideration and discussion at the following regularly scheduled Tuesday night Council meeting, and copies of all communications appearing on the agenda shall be attached thereto.
(5) The agenda shall be made available to all Council members not later than 12:00 p.m. on the Saturday immediately preceding the regularly scheduled Tuesday night Council meeting, and a copy of the agenda shall be posted for public examination and inspection in the Municipal Building.
(6) Emergency communications from the Mayor will be added to the agenda at any time as the Mayor deems necessary.
(B) Rule 2. Questions concerning priority of business. All questions relating to the priority of business shall be decided by the Chair, without debate, subject to appeal.
(C) Rule 3. Duties and privileges of Chair.
(1) The Chair shall preserve order and decorum and may speak on points of order in preference to other members, and shall decide all questions of order, subject to an appeal to Council, on which appeal no member shall speak more than once without the unanimous consent of Council.
(2) If the Chair refuses to allow the Council members to exercise their right to appeal a decision of the Chair, the Council members may consider and pass upon the matter in spite of the failure of the Chair to grant them an appeal.
(D) Rule 4. Members leaving room while Council in session. While the Chair is putting the question, no member shall walk across or out of the Council Chambers.
(E) Rule 5. Recognition of members. Before a member speaks, makes a motion or seconds the same, he or she shall address himself or herself to the Chair, but shall not proceed with his or her remarks until recognized and named by the Chair.
(F) Rule 6. Chair to decide order of speakers. When two or more members address the Chair to be recognized, the Chair shall name the member who is first to speak.
(G) Rule 7. Visitors at meetings. When Council is in session, no one shall be admitted within the bar of the Council Chambers, except members of Council, elected city officials, heads of departments, former City Council members and representatives of the press. However, a visitor may address Council on any matter upon being recognized by the Chair, or upon motion duly made and seconded by members of Council and approved by a majority vote. A visitor so addressing Council shall be subject to all rules of Council and shall confine his or her remarks to the matter under discussion, making them as brief and concise as possible. No visitor shall solicit a Council member to vote for or against any proposition.
(H) Rule 8. Communication by members. When a member wishes to present a communication, petition, order, resolution or other original matter, he or she shall send it to the desk of the Clerk or the person that Council may from time to time appoint for that purpose, who shall read the matter when reached in its proper order.
(I) Rule 9. Maintaining order at meetings. In the case of a disturbance or disorderly conduct, the Chair may require the Council Chambers to be cleared, if necessary.
(J) Rule 10. Limitation on debate. No member, without leave of Council, shall speak more than once upon the same subject, until every member who wishes to speak has spoken. No member shall speak longer than ten minutes at any one time, except by consent of Council.
(K) Rule 11. Appeal by member when called to order. A member, when called to order by the Chair, shall thereupon take his or her seat unless permitted by the Chair to explain. If there is no appeal, the decision of the Chair shall be conclusive, but if the member appeals from the decision of the Chair, the appeal shall be decided by Council.
(L) Rule 12. Conduct of members during debate. While a member is speaking, no member shall hold any private discourse or pass between the speaker and the Chair.
(M) Rule 13. Requirement to vote unless excused. Every member present when a question is stated from the Chair shall vote thereon by casting a yea or nay, unless excused by Council, or unless he or she is personally interested in the question, in which case he or she shall not vote.
(N) Rule 14. Sergeant-at-arms. The Mayor shall appoint a sergeant-at-arms and assistants as may be necessary to preserve order at a Council meeting.
(O) Rule 15. Failure to attend meetings. If a member of Council fails to attend four consecutive regular meetings, Council may, by resolution, remove the member from his or her office as Council member and declare a vacancy in the office, to be filled as required by law.
(P) Rule 16. Special orders. Any matter before Council may be set down as a special order of business for a certain time, if two-thirds of the Council members present vote in the affirmative.
(Q) Rule 17. Motions not debatable unless seconded. No motion shall be put or debated in Council or in a committee, unless it is seconded.
(R) Rule 18. Reports to Council members prior to meeting. All reports from city departments, staff, boards and commissions, presented to Council for the first time shall be in writing and submitted to each Council member in the same fashion as required by Rule 1 herein.
(S) Rule 19. Withdrawal of motions. After a motion or resolution is stated by the Chair, it shall be deemed to be in possession of Council, but it may be withdrawn at any time before decision thereon or amendment thereof by consent of Council.
(T) Rule 20. Taking and entering of votes. If a member requires it, the yeas and nays upon a question shall be taken and entered on the journal, but the yeas and nays shall not be taken unless called for previous to any vote on the question.
(U) Rule 21. Announcement and change of votes. The result of all votes by yeas and nays shall not be announced by the Clerk, and the ruling on the measure shall be announced by the Chair. No vote shall be changed after the announcement of the decision by the Chair.
(V) Rule 22. Precedence of motions.
(1) When a question is under debate, the only motions in order shall be:
(a) To adjourn to a day certain;
(b) To adjourn;
(c) To take a recess;
(d) To lay on the table;
(e) The previous questions;
(f) To refer;
(g) To amend;
(h) To substitute;
(i) To postpone to a time certain; or
(j) To postpone indefinitely.
(2) The motions shall take precedence over each other in the order stated, and the motions lettered divisions (V)(1)(b), (d) and (e) shall be decided without debate.
(W) Rule 23. Adjournment. A motion to adjourn Council will always be in order except:
(1) When a member is in possession of the floor;
(2) While the yeas and nays are being called;
(3) When the members are voting;
(4) When adjournment was the last preceding motion; or
(5) When it has been decided that the previous question shall be taken.
(X) Rule 24. Motions to adjourn. A motion simply to adjourn shall not be subject to amendment or debate, but a motion to adjourn to a time certain shall be so subject.
(Y) Rule 25. To adjourn over one or more regular meetings. Council may at any time adjourn over one or more regular meetings by a vote of a majority of all the Council members authorized by law to be elected.
(Z) Rule 26. Standing committees. The standing committees shall be as set forth in § 210.14.
(AA) Rule 27. Duties of standing committees. The duties and jurisdiction of the respective standing committees shall be as set forth in § 210.15.
(BB) Rule 28. Action at meeting when subject introduced. All ordinances, petitions, resolutions, orders and communications to Council may be referred to appropriate committees by majority vote of the Council or by order of the Chair, without objecting to them to be acted upon on the report of the committee having the same in charge. Matters not referred to committee shall be acted upon presentation unless deferred for action at the subsequent meeting. Matters may be deferred by order of the Chair or at the request of a Council member if there is no objection. If an objection is raised, the deferred matter shall be brought to a vote, and a two-thirds vote of the Council shall sustain the objection.
(CC) Rule 29. Application of Robert’s Rules of Order. The rules of parliamentary practice comprised in the latest published edition of Robert’s Rules of Order shall govern Council in all cases to which rules are applicable and in which they are not inconsistent with this section.
(DD) Rule 30. Temporary suspension of rules. The rules of Council set forth in this section may be temporarily suspended by a vote of two-thirds of all the Council members entitled by law to be elected and shall not be repealed, altered or amended, unless by concurrence of two-thirds of all the Council members entitled by law to be elected.
(Ord. 89-39, passed 9-12-1989; Ord. 96-42, passed 10-22-1996; Ord. 06-24, passed 5-23-2006)
A committee of Council shall be informed on the subject matter assigned to it and report to Council from time to time, and shall investigate any special matter referred to it by Council and report to Council thereon. Unless authorized by Council, no committee or member thereof shall issue a permit or license, enter into a contract or buy or sell anything for or on behalf of the city, perform any other executive or administrative duty or act or perform an act within the jurisdiction of Council as a body. However, the member shall investigate, deliberate and report to Council with the recommendations as deemed best. All committees shall operate in conformity with the rules of the Council, as stated herein, and in compliance with all state and federal laws. Minutes shall be kept for all committee meetings in compliance with state law.
(Ord. 89-39, passed 9-12-1989)
(A) All committee of the whole meetings and other committee meetings, including but not limited to special City Council meetings, shall be scheduled and held Monday through Friday for the week of the regularly held City Council meeting which is the second and fourth week of each month.
(B) No meetings can be held on days other than those defined in division (A) above without the approval by a two-thirds vote of all of the members of the committee required to attend the meetings including but not limited to executive meetings, emergency meetings and special City Council meetings.
(C) Notice for meetings described in division (B) above must be given to each Council member at least three days (72 hours) before the proposed meeting time and date and a clear and concise agenda of items and issues to be discussed at the meetings must accompany the notice. Consent or the refusal to consent may be given by e-mail between the Council member and the Mayor.
(D) These provisions will not prevent members of a committee from agreeing to meet at any time during the month as long as proper notice is given and two-thirds of the members of the committee required to attend the meetings consent to the meeting.
(Ord. 06-19, passed 4-11-2006)
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