The following Rules of the Government of Council be and the same are hereby adopted (except where in conflict with the First Amended Charter of the City of Brooklyn ("Charter")):
MEETINGS:
RULE 1 - ORGANIZATION MEETING
The Organization meeting shall be held in the Council Chambers of Brooklyn City Hall on the first Monday in January, or as soon as practicable thereafter, at a time to be determined. At such organization meeting, or as soon as practicable thereafter, the Council shall elect one Councilmember as President of Council, one Councilmember as President Pro-Tem of Council,
one Councilmember as a member of the City Planning Commission, one Councilmember as a member of the Recreation Board, one Councilmember to serve on the Economic Development Committee, and one Councilmember to serve on the Domestic Abuse Commission, each to serve for the balance of that year and until his/her successor shall have been elected unless he/she shall cease in the meantime to be Councilmember. Notwithstanding the provisions of Section 3.8(e) or any other provision of the Charter, the Councilmember receiving the most affirmative votes for each of these positions shall be elected. (Charter, Section 3.6)
RULE 2 - REGULAR MEETING
The regular meetings shall be held in the Council Chambers of Brooklyn City Hall on the second and fourth Monday evening of each month, except for the months of July and August, at the hour of seven p.m. When a legal holiday falls on one of these days the Council will meet the following day (Tuesday) at 7p.m.
RULE 3 - SPECIAL MEETINGS
Special meetings of the Council may be called by the Mayor, President of Council, or by the Clerk of Council upon written recommendation by three members of the Council, or by a majority vote by the members of Council at a regular or special meeting of the Council.
The Clerk of Council shall cause notice in writing of each special meeting to be served personally, or to be left at their individual mailboxes, not less than twenty-four hours preceding the time for such special meeting. Such notice shall set forth the time, date and place of the meeting and a concise statement of the matters to be considered at the meeting.
No business shall be transacted at any such meeting of the Council except the particular business for the transaction of which such special meeting has been called.
The public may, at time made available at the beginning of the meeting, make comment only in regard to items that are on the agenda.
RULE 4 - OPENING PROCEDURES
The President shall take the Chair at the regular hour of calling the meeting, and shall immediately call the members to order. The President shall then lead in the Pledge of Allegiance, followed by an optional opening prayer or moment of silence (prayer shall be led by a designee of current Councilmembers, or the Councilmember). The President shall then cause the record of the preceding session to be disposed of, unless otherwise ordered by the Council.
RULE 5 - PUBLIC MEETINGS
All meetings, except Executive Sessions, shall be open to the public. All minutes and records of the Council shall be open to the public at all reasonable times. Citizens and visitors must refrain from speaking while Council is in session, except when given an opportunity to speak during the "Public Session."
Unauthorized remarks or verbal or non-verbal outbursts causing disruption or interruption shall not be permitted. Any person who engages in this type of behavior shall be reprimanded by the Council President and if these acts continue the person shall be removed from the meeting at the direction of the Council President.
When Council is in session, cell phones and other electronic devices shall be put on silent or vibrate mode to avoid disruption.
RULE 6 - QUORUM
A majority of all the members elected to the Council shall be a quorum to do business.
OFFICERS OF COUNCIL:
RULE 7 - PRESIDING OFFICER
The President of Council, and in his/her absence the President Pro-Tempore, shall preside over the meetings of the Council. In the absence of the President of Council and the President Pro-Tempore, the Council Clerk shall call the Council to order, and if, after the Roll is called, a Quorum shall be present, the members of Council shall elect a Councilmember who is present to serve as Acting President Pro-Tempore, and the acting President Pro-Tempore shall preside until the President appears, and shall discharge all the duties, and be clothed with all the powers of the President, as such Presiding Officer during his/her absence. The President shall call all meetings of Council to order at the hour appointed and shall proceed with the order of business. If a Quorum be present, the President shall give the members an opportunity for correcting the Journal of the previous meeting. In the absence of any objections or corrections, the Minutes shall stand approved. The President shall make referral of matters as provided in the Rules. The President shall preserve order and decorum, prevent the impugning of personalities or of members' motives, confine members in debate to the question under discussion, shall decide all points of order subject to an appeal of the Council.
Presentation of Resolutions of Commendation or Special Recognition passed by Council shall be made on behalf of Council by the Council President, unless Council in the passing of such Resolution provides otherwise.
RULE 8 - CLERK OF COUNCIL
The duties of the Clerk of Council shall include, but not be limited to: attend all meetings of the City Council and its committees; keep a complete and accurate journal of the proceedings of Council, authenticated by his/her signature and seal; have custody of, properly file and index all ordinances, resolutions and correspondence of Council; perform such other duties that may be assigned by Council, or the Mayor, or as are required by law. If the Clerk is unable to attend any meeting, an Acting Clerk of Council shall be designated by the President of Council, or in his/her absence by the President Pro-Tern.
MEMBERS - THEIR RIGHTS AND PRIVILEGES:
RULE 9 - ROLL CALL
Every member shall be properly seated, at the time for Roll Call; otherwise, the member shall not be recorded as present, except upon order of Council. A member shall inform the Council President as soon as possible if the member will be absent from a meeting, and a reason for his or her absence. A member shall inform the President Pro-Tem in the event the Council President is unavailable.
RULE 10 - VOTING
The voting upon any ordinance or resolution or motion shall be by roll call and the vote of each Councilmember entered upon the journal. (Charter, Section 3.8(a)) Every member present shall vote on all questions upon the call for a Yes or No vote, except that a member may abstain from voting, with explanation, when he/she so desires; further, no member shall vote on any question in which the member is financially interested or be required to vote when the same is excused by statute.
The phrases 'confirmed by Council,' 'approved by Council' and 'majority of Council,' or any similar phrases, requires a majority of Council votes for approval, unless specifically stated otherwise. Any references to 'a vote of Council,' 'approval of Council,' 'members eligible to vote' or 'majority of Council' shall be based on the total members of the current Council. Using the
language 'members elected to Council,' shall incorporate all current Council members, elected and appointed. (Charter, Section 3.8(e)).
All ordinances and resolutions shall be introduced and voted upon only by members of Council then present, with their names endorsed thereon, including such ordinances and resolutions as may be presented to the Council, upon written recommendation of some committee of Council, or some officer of the City to whom the subject matter has previously been referred.
RULE 11 - RIGHT OF FLOOR
When any member is about to address the Council, the member shall request permission from the Presiding Officer and shall confine him/herself to the question under debate and refrain from impugning the motive of any other member's argument or vote.
RULE 12 -COMMITTEES & BOARDS
Council shall have a minimum of three Standing Committees, to be set at its organization meeting. There shall be a Finance Committee, a Public Safety & Environmental Committee, and a Public Works Committee. Each Standing Committee shall consist of three members of Council to each Committee, appointed by the President of Council, each to serve the balance of that year and until his/her successor shall have been elected unless he/she shall cease in the meantime to be Councilmember. (Charter, Section 3.6(b)).
A member of Council shall serve as School Board Liaison who will report to Council on matters pertaining to the Brooklyn City Schools.
A Committee of the Whole, comprising all members of Brooklyn City Council, will meet prior to each regularly scheduled Council meeting, or as necessary, to discuss all agenda items, consider recommendation for legislative items, and other topics of interest to Council.
RULE 13 - COMMITTEE MEETINGS
All committee meetings shall be public meetings. A majority of the members of the committee shall constitute a quorum for the transaction of business. Only members of the committee shall have voting power on motions put to the committee. Each committee shall hold its meeting at such time and place as fixed by the chairperson of the respective committee. The date for all committee meetings shall be set and announced at the regular or special meetings of Council unless deemed an emergency by the chairperson. Each committee, or chairperson thereof, shall have the right to request the attendance at its meetings of such administrative officers as, in its judgment, are needed to properly dispose of the matter under consideration.
RULES GOVERNING PROCEDURE;
RULE 14 - ORDER OF BUSINESS
The business of all regular meetings of the Council shall be transacted in the following order:
1. Roll Call of members and excuse of absences.
2. Pledge of Allegiance.
3. Optional opening prayer or moment of silence, not to exceed two minutes.
4. Disposal of the Minutes.
5. Presentations, awards and/or commendations, provided the presenters' or recipients' identification and the purpose have been made known on the Council agenda.
6. Public comment on legislative agenda items (limited to five minutes).
7. Correspondence, reports and communications from other governmental bodies, agencies and officials, who have informed the Clerk they have matters to discuss.
8. Reports and communications from each member of Council, in roll call order.
9. Reports and communications from the Mayor.
10. Monthly reports and communications from the various departments of the city, who have informed the Clerk they have matters to discuss.
11. Reading and disposal of old business Ordinances and Resolutions.
12. Reading and disposal of new business Ordinances and Resolutions.
13. Miscellaneous business and concerns from Council.
14. Public comment on matters for the good and welfare of the city (limited to five minutes).
15. Adjournment.
The President may at any time permit matters or items to be introduced out of the regular order.
RULE 15 - PUBLIC PARTICIPATION
Any member of the audience who wishes to address the Council during Public Session must stand at the podium provided and clearly state his/her name, residence address and the subject matter he/she desires to discuss. Participants must address the Council when speaking. No public session participant will be allowed to engage in debate with any member of Council, the Administration or any other member of the audience. The Council President may not recognize any member of the public who attempts to speak from any location other than the podium.
Public session participants shall observe the same rules of decorum and good conduct applicable to members of City Council. Speakers must be courteous in their language and avoid causing disruption to the course of the Council business. Anyone making profane or slanderous remarks, or who becomes disruptive or combative while addressing City Council or while attending a public meeting, shall be reprimanded by or removed from the meeting at the direction of the Council President.
RULE 16 - REFERENCE TO MORE THAN ONE COMMITTEE
Whenever any pending matter is referred to more than one committee for consideration and report, said committee may consider the same in joint session, as a joint committee, if the chairpersons of the committees consent thereto. The chairperson of the committee first named shall preside for such joint session, and each member of the joint committee shall have one vote for each committee of which he/she is a member, composing the joint committee.
A majority of the individual members of the several committees shall constitute a quorum of such joint committee. Its reports shall be made in the same manner and under the same rules as reports are made by standing committees.
RULE 17 - RECONSIDERATION
After the decision on any question, any member who voted on the prevailing side may move a reconsideration of any action at the same, or the next succeeding meeting. A motion to reconsider shall require the same number of votes as is required to adopt an ordinance or resolution. After a motion for reconsideration has been acted upon, no other motion for a reconsideration thereof shall be made, without unanimous consent.
RULE 18 - EMERGENCY LEGISLATION
Every ordinance or resolution shall be read at three different Council meetings, provided that this requirement may be dispensed with by a two-thirds' vote of the members eligible to vote if a written or printed copy of the ordinance or resolution shall have been furnished to each member of Council prior to its introduction. (Charter, Section 3.8(b)) Each ordinance or resolution providing for the appropriation of money or for an annual tax levy, or for improvements petitioned for by the owners of a majority of the front footage of property to be benefited or specially assessed therefor and any emergency ordinance or resolution necessary for the immediate preservation of the public peace, health, safety or welfare of the City, shall take effect, unless a later date be therein specified, upon its approval by the Mayor, or upon the expiration of the time within which it may be vetoed by the Mayor, as the case may be. No other ordinance or resolution shall become effective until after the expiration of 30 days following its approval by the Mayor, as the case may be. Each emergency measure shall contain a statement of the necessity for such emergency action and shall require the affirmative vote of two-thirds of the members of Council eligible to vote for its enactment. No action of Council authorizing the surrender or joint exercise of any of its powers, or in granting any franchise, or rezoning thereof, or expenditure for capital improvements or expenditure for construction of public buildings shall be designated an emergency measure or enacted under a suspension of the rules adopted by Council. (Charter, Section 3.8(d))
RULE 19 - MOTIONS - WITHDRAWALS
When a motion is made and seconded, it shall be stated by the Presiding Officer before any debate shall be in order. Any such motion may be withdrawn by the maker with the consent of the second before it has been amended or voted upon.
RULE 20 - TO LAY ON THE TABLE
A motion to lay on the table shall be in order only when a majority of Council agrees to put it on the table.
RULE 21 - TO TAKE FROM THE TABLE
A motion to take from the table shall be in order only when that order of business is being transacted in which the matter to be taken up was laid upon the table. Such motion shall be decided without debate, provided the mover may be able to state reasons for or against the motion.
RULE 22 - TO RECORD VOTE
All votes taken by "Yes", "No" or "Abstain" and reasons for abstentions shall be recorded in the record.
ORDINANCES AND RESOLUTIONS:
RULE 23 - INTRODUCTION
All ordinances and resolutions shall be introduced only by members of Council then present, and/or the Mayor, with their names endorsed thereon, including such ordinances and resolutions as may be presented to the Council, upon written recommendation of some committee of Council, or some officer of the City to whom the subject matter has previously been referred. All proposed general legislation shall be approved as to legal form by the Law Director, and be submitted to the Office of the Clerk of Council by 4:00 p.m. on the Friday two weeks preceding the regular meeting of City Council when such legislation is to be considered. A form relating to the submission of items for Council agenda will be established.
RULE 24 - RESOLUTIONS AND ORDINANCES
All legislative action by Council shall be by ordinance or resolution introduced in written or printed form. An affirmative vote of at least a majority of the members of Council eligible to vote shall be required for the passage or enactment of every ordinance or resolution. Every ordinance or resolution shall be read at three different Council meetings, provided, that this requirement may be dispensed with by a two-thirds' vote of the members eligible to vote if a written or printed copy of the ordinance or resolution shall have been furnished to each member of Council prior to its introduction. (Charter, Section 3.8(b)) Each ordinance or resolution providing for the appropriation of money or for an annual tax levy, or for improvements petitioned for by the owners of a majority of the front footage of property to be benefited or specially assessed therefor and any emergency ordinance or resolution necessary for the immediate preservation of the public peace, health, safety or welfare of the City, shall take effect, unless a later date be therein specified, upon its approval by the Mayor, or upon the expiration of the time within which it may be vetoed by the Mayor, as the case may be. No other ordinance or resolution shall become effective until after the expiration of 30 days following its approval by the Mayor, as the case may be. Each emergency measure shall contain a statement of the necessity for such
emergency action and shall require the affirmative vote of two-thirds of the members of Council eligible to vote for its enactment. No action of Council authorizing the surrender or joint exercise of any of its powers, or in granting any franchise, or rezoning thereof, or expenditure for capital improvements or expenditure for construction of public buildings shall be designated an emergency measure or enacted under a suspension of the rules adopted by Council. (Charter, Section 3.8(d)) The President of Council shall add his/her signature to each Ordinance or Resolution upon adoption by the Council.
The phrases 'confirmed by Council,' 'approved by Council' and 'majority of Council,' or any similar phrases, requires a majority of Council votes for approval, unless specifically stated otherwise. Any references to 'a vote of Council,' 'approval of Council,' 'members eligible to vote' or 'majority of Council' shall be based on the total members of the current Council. Using the language 'members elected to Council,' shall incorporate all current Council members, elected and appointed. (Charter, Section 3.8(e))
RULE 25 - FORMS OF ORDINANCE
The enacting clause of all ordinances shall be "Be it ordained by the Council of the City of Brooklyn, County of Cuyahoga and State of Ohio." All ordinances, before introduction, shall be in typewritten form. No ordinances or resolutions or sections thereof shall be revised or amended, unless the new ordinance or resolution contains the entire ordinance or resolution or sections revised and amended, and the original ordinance, resolution, section, or sections, so amended, shall be repealed. Every ordinance or resolution shall be read at three different Council meetings, provided, that this requirement may be dispensed with by a two-thirds' vote of the members eligible to vote if a written or printed copy of the ordinance or resolution shall have been
furnished to each member of Council prior to its introduction. (Charter, Section 3.8(b))
RULE 26 - AMENDMENTS
It shall be in order to amend an ordinance at any time, but if amended after its second reading, it shall be again read as a second reading, and laid over for further and final action.
RULE 27 - PASSAGE OR ADOPTION
Refer to Rule 24.
MISCELLANEOUS:
RULE 28 - COUNCIL MAILBOX
The City shall provide each member of City Council with a locking mailbox to be used for incoming postal mail, correspondence, and requested information. The mailboxes shall be available to Councilmembers 24 hours a day.
RULE 29 - POSTING OF AGENDA
The Agenda for an upcoming meeting of the Council, including information for agenda items, shall be prepared and available to Council, through BoardDocs, or other medium if necessary, no later than 4:00 p.m. on the Thursday before the scheduled meeting; and also provided on the regular website of the City, the following morning. For special Council meetings, the Agenda shall be prepared and available to Council, at least 24 hours prior to the special Council meeting, and posted on the regular website of the City, by the time they are delivered to Councilmembers.
All ordinances and resolutions on the Agenda shall include a reference to the number of readings they have had on the day the Agenda is prepared. If adoption on fewer than three readings is requested by the sponsor, the Agenda item shall be marked "Emergency Adoption Requested," and the reason for the requested emergency adoption shall be posted with the legislative item on BoardDocs.
RULE 30 - VIOLATION
If any member, in speaking or otherwise, shall violate any of these rules, the President shall, or any member may, call the member to order. If such member shall be called to order while speaking, the member shall immediately sit down, unless permitted to explain. The question of order shall be decided without debate.
RULE 31 - MINUTES OF COUNCIL PROCEDURES
A draft of the minutes will be provided to Council as soon as practicable after the meeting. Councilmembers will review and provide additions, deletions and corrections to the Clerk of Council or Assistant Clerk of Council in a timely manner. Changes will be incorporated in the minutes and Council will be provided with marked-up and clean copies with their council packets.
Approved council meeting minutes and council committee minutes, with the approval date recorded on the signature page, will be posted on the regular website of the City.
RULE 32 - EXECUTIVE SESSION
An Executive Session occurs when members of a public body vote to exclude the public from a portion of a public meeting. Executive sessions may be held exclusively to discuss limited matters. Only persons invited by Council to join the executive session may attend, and Council may invite anyone it chooses to attend. All items discussed in executive session shall be deemed, and remain, confidential.
The Council may go into executive session only from a regular or special meeting to consider:
o Personnel matters
o Purchase or sale of property for public purpose
o Conferring with legal counsel about pending or imminent court action involving the public body
o Collective Bargaining
o Matters required to be kept confidential by Federal law, Federal rules, or State statutes
o Security Arrangements and emergency response protocols of a public body, if disclosure of those matters could jeopardize the security of the public body.
o To consider certain confidential information related to economic development initiatives, as permitted and regulated by Section 121.22 of the Ohio Revised Code.
Restrictions on Discussions. There can be no decision-making (actual voting) in the executive session and discussion must be limited to the stated purpose(s) in the motion.
RULE 33 -AMENDMENTS TO RULES
These rules or any of them where not precluded by statute may be temporarily suspended at any meeting of Council by a concurrent vote of the majority of all the members elected, except when a greater number is required by law, or these rules. The vote of such suspension shall be taken by a "Yes" and "No" vote and entered on the record."
(Ord. 2024-1. Passed 2-13-24.)