Rule 1. Meetings
In each calendar month, except for July and August, when only one meeting per month is required, the Council shall hold at least two regular meetings. The Mayor or any four members of Council may call special meetings upon at least 24 hours’ written notice to each member, served personally or left at his or her usual place of residence. Such notice shall state the time, date and place hereof, and the subjects to be considered at the meeting, and no other subject shall be there considered. All Council meetings shall be open to the public at all times.
Rule 2. Holiday Meetings
When any regular meeting of Council falls due on a legal holiday, the Council shall meet in regular session on the Tuesday following and at the place and hour fixed by Rule 1. When any regular meeting of Council falls due on an election day, the Council shall meet in regular session on the Wednesday following and at the place and hour fixed by Rule 1.
Rule 3. Opening Procedure
The President of Council shall take the chair at the time specified for the Council to meet, call the members to order and proceed with the order of business. In the absence of the President of Council, the President Pro-Tem shall perform such duties as are imposed upon the President. In the absence of both the President and President Pro-Tem of the Council, the Council may appoint a temporary Chairperson of the Council.
Rule 4. Quorum
A majority of all the members elected to Council shall constitute a quorum to do business unless otherwise specified in the Charter or by the Constitution or laws of the State of Ohio, but a lesser number may adjourn the meeting from time to time and compel the attendance of absent members in such a manner and under such penalties as are prescribed by ordinance.
Rule 5. Presiding Officers
The President of Council shall preserve order and decorum and confine members in debate to the questions and shall, when in the chair, decide all questions of order, subject to an appeal to the Council on the demand of two members. On such appeal, there shall be no debate, but the member making the appeal may briefly state his or her reason for the same. The President shall then have the same right to a similar brief statement. Council will then decide the appeal by majority vote.
Rule 6. Heads of Departments
The directors or heads of all departments and the director or head of any department that may be established by ordinance are required to attend second regular meeting of the Council and to answer at any such meeting such questions relating to the affairs of the city under their respective management and control as may be put to them by any member of Council.
Rule 7. Standing Committees
At the first regular meeting of the Council after its organization, the President of Council shall appoint standing committees as follows. The First Councilperson appointed to each committee shall be the Chairperson of that committee.
1. Finance Committee.
2. Service/Safety Committee.
3. Recreation Committee.
4. Building Codes/Public Buildings/Growth, Planning and Zoning Committee.
5. Rules, Ordinances and Franchises Committee.
6. Community Improvement Corporation.
7. Energy Committee.
Each member, however, shall be appointed and must serve on at least two committees. All committee meetings shall be held in a public building of the City of Broadview Heights as specified in the notice of the meeting.
Rule 8. Committee Procedure
The procedure to be followed by committees holding public hearings shall be as follows:
Any person desiring to be heard by said committee shall rise when addressing the Chairperson, give his or her name, address and state for whom and for what interest he or she appears before said committee. The committee holding such hearing may call upon anyone who, in its opinion, may be able to give additional information on the subject before the committee for a hearing.
Rule 9. Order of Business.
1. Pledge of Allegiance.
2. Roll call.
3. Reading and disposal of meeting minutes on a monthly basis.
4. Reports and communications for the directors of departments and other officials.
5. Reports and communications from Mayor.
6. Appointments and confirmations.
7. Communications, claims and petitions.
8. Reports of Council committees.
9. Resident participation. Limited to a single brief statement for each individual wanting to comment on the ordinances or resolutions that pertain to that evening’s agenda. Limited to three minutes.
10. Ordinances and resolutions.
a. Brief explanation of ordinance or resolution by sponsor.
11. Council discussion and miscellaneous business.
12. Council open to citizens who are residents (each of who will be limited to three minutes).
13. Adjournment.
Every member present shall vote on any question on the call of the yeas and nays unless excused by the majority consent of the Council, and any member not being excused, who refuses to vote on any question when the yeas and nays are being taken, shall be deemed guilty of contempt of the Council, and may for such contempt be censured by the majority of the Council.
If a Councilperson believes that voting on a particular issue shall constitute a conflict of interest pursuant to law, such member shall announce the fact to the Council and the Council shall excuse that member from voting. The Council may inquire as to the reason for the assertion of the conflict of interest. If the reasons involve a matter ordinarily discussed in executive session, said reason shall be discussed only in executive session of the Council.
Rule 10. Motions: When Debatable - Withdrawal
When a motion is made and seconded, it shall be stated by the presiding officer before any debate shall be in order and any such motion or amendment thereto may be withdrawn by the movers thereof at any time before decision.
Rule 11. Division of Question
Any member or the presiding officer may call for a division of the question, and the same shall be divided if it comprehends questions so distant that one being taken away, the other will stand as an entire question for decision. If division is opposed, then two members of Council may call for a majority decision by Council.
Rule 12. To Refer - Precedence
When there is a question of referring a given subject to a standing committee or to a select committee, the question of reference to a standing committee shall be put first.
Rule 13. To Adjourn
The motion to adjourn shall always be in order, unless the Council is engaged in voting.
Rule 14. Order of Precedence
When a question or proposition is before the Council or under debate, no motion shall be received except the following:
1. To adjourn.
2. To recess.
3. To lay on the table.
4. For the previous question.
5. To postpone for a certain day.
6. To refer to committee.
7. To amend.
8. To postpone indefinitely.
The several motions shall have precedence in the order in which they are herein arranged. A motion to commit may not be reconsidered. Motions to adjourn or to lay on the table or for the previous question or to recess shall be decided without debate.
Rule 15. Introduction of Legislation
Ordinances and resolutions shall be introduced only by members of the Council and/or the Mayor, with their name endorsed thereon. The Clerk shall take no cognizance of any ordinance or resolution the original of which does not indicate its sponsor. A copy of the ordinance or resolution shall be in the hands of the President of Council at least three days before the introduction. Each Councilperson shall have before him or her a copy of each ordinance or resolution 24 hours before introduction. Each ordinance shall be introduced by the President of Council pursuant to § 220.04 (Rule 9) (Sub. 9) (Order of Business). The President shall read the ordinance number only. Thereafter, if there is a motion to suspend the Council rule requiring three readings of the ordinance and such motion is adopted, the Clerk of Council shall then read the ordinance, by title only, prior to debate and discussion and/or vote on the ordinance in chief. If there is such a motion and it is not adopted, or if there is no such motion, the Clerk of Council shall read the ordinance by title as otherwise required by the Charter and the Rules of Council of the city.
Rule 16. Reference to Committee
Any report, resolution, ordinance or matter before Council for consideration before its final passage may be referred by the Rules, Ordinances and Franchises Committee to the standing committee to which the subject matter is most closely related. If any amendment shall be made to any ordinance after the committee has reported thereon, the ordinance may, before its final passage, be recommitted to said committee by motion for further report thereon. Any matter referred to a committee may, by a majority vote of Council at any time prior to such report of such committee, be taken from the hands of such committee for consideration. No report, resolution, ordinance or matter referred to committee shall be passed or receive final approval until a report has been made by the committee or unless taken from the committee as above provided.
Rule 17. Public Hearing
During the regular order of business at any regular or special meeting of Council, no public hearing on any matter pending before the Council shall be had except by consent of Council.
Rule 18. Suspension of Council Rules.
These rules, or any of them, may be temporarily suspended at any meeting of the Council by a concurrent vote of a majority of all members elected, except when a greater number is required by law, or by the yeas and nays, and entered on the journal. In case any rule herein shall not have been adhered to by the Council, the same shall be regarded as having been suspended.
Rule 19. Resignation
The resignation of a member of the Council shall not take effect until the same has been accepted by a vote of the majority of the elected or appointed members exclusive of the same person tendering the resignation, but the same must be acted upon by Council on or before the next regular meeting after the resignation is tendered.
Rule 20. Tapings and Recordings
Any meeting or work session of City Council may be recorded by written, audio and/or video reproduction methods either manually or electronically, subject to the following rules.
1. Any and all recording equipment must operate silently and unobtrusively.
2. Any and all recording equipment shall be self-contained and self-powered.
3. No recording procedure shall interfere with the ability of those present, including the Council and the public, to hear, see and participate in the meeting.
4. Any person(s) desiring to install recording equipment shall first report their name and intention to record to the Clerk of Council who shall notify said person(s) of the conditions contained in this rule.
Rule 21. Council Representatives to Commissions and Boards
The President of Council shall appoint Council representatives to the commissions and boards of the city, including the County Planning Commission, the City Planning Commission, the Board of Zoning Appeals, the Civil Service Commission, the Parks and Recreation Advisory Board, the Human Services Advisory Board and the Shade Tree Commission.
Rule 22. Clerk of Council
The Clerk of Council shall be under the direction of the President. In the event of the President’s absence, the agenda will be under the direction of the Council President Pro-Tem and/or two Councilpersons.
Rule 23. Emergency Meetings
Any emergency meeting may be called by the Mayor and five Councilpersons and/or six Councilpersons, and the 24 hour rule shall be waived. Cancellation can be made if all voting members agree and, in any event, all members of Council shall be notified. There shall be no cancellation of regular or special meetings.
Rule 24. Signing of Legislation
Councilpersons shall be notified in writing by the Clerk of Council of any resolution or ordinance passed by the Council and not signed by the Mayor after the ten-day time period.
FINANCE COMMITTEE
OBJECTIVE – To advise the Council on the most efficient allocation and disbursement of available revenues.
SERVICE COMMITTEE
OBJECTIVE – To ensure the most efficient use of available dollars to increase services to all residents.
SAFETY COMMITTEE
OBJECTIVE – To ensure that the best available fire, police and building services are rendered to residents by means of the city.
RECREATION COMMITTEE
OBJECTIVE – To ensure that the best available recreation activities are available to all members of the city within the confines of budgetary restraints.
GROWTH, PLANNING AND ZONING COMMITTEE
OBJECTIVE – To review present and future proposed development and to meeting with developers as required, to enhance the city’s possibilities of acquiring a desired project. To provide assistance to prospective developers by directing them to the appropriate authority, i.e., the Planning Commission or the Zoning Board of Appeals.
BUILDING CODE, PUBLIC BUILDINGS, ARCHITECTURAL AND INDUSTRIAL COMMITTEE
OBJECTIVE – To ensure that the city building codes are of high quality standards and to recommend changes to codes as deemed necessary; and to review current usage of public land and buildings and recommend future changes and use thereof.
RULES, ORDINANCES AND FRANCHISES COMMITTEE
OBJECTIVE — To advise Council and the Administration of effective use of ordinances and rules and the most cost effective award and use of franchises.
COUNCIL REPRESENTATIVES TO COMMISSIONS AND BOARDS
Storm Water Task Force Representative
City Planning Commission
Board of Zoning Appeals
Civil Service Commission
Architectural Board of Review
Parks and Recreation Advisory Board
Human Services Advisory Board
Shade Tree Commission
OBJECTIVES
1. Committee Chairperson to announce the time and place of each meeting at Council meeting, work session, or otherwise at least one week in advance or as required.
2. Committee to consist of the Chairperson and at least one Councilperson. Appropriate department head to attend meeting. All meetings shall be tape recorded.
3. Committee Chairperson will recommend to the entire Council, at a form meeting, the course of action to be taken on all items his or her committee has responsibility for.
4. Committee Chairperson will coordinate proposed recommended legislation with the Council President for submission on the agenda. Council Clerk must keep track of legislation in committee from first reading to third reading to ensure proper timing is complied with or recommend tabling for further study.
5. When the Mayor, department heads, Councilpersons and/or Committee Chairpersons desire to place proposed legislation on the agenda, the same shall be submitted to the Council President who shall place the legislation on the agenda or send it to the appropriate committee.
6. All Council representatives to commissions and boards will transmit to the Council recommendations to adopt or not the proposed action of the commission and boards as appropriate.
7. All Committee Chairpersons will be responsible to coordinate proposed legislation and plans, both present and future, with the Finance Committee for feasibility and priority assignment.
8. Council Clerk to keep records and turn over filings on each piece of legislation and proposed plan. Filing space to be provided in Council Clerk’s office as required.
(Ord. 01-05, passed 1-10-2005; Ord. 56-10, passed 4-19-2010; Ord. 158-11, passed 12-5-2011; Ord. 137-12, passed 9-17-2012; Ord. 27-2017, passed 9-18-2017; Ord. 56-2021, passed 11-15-2021)