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A majority of all the members elected to the Town Council shall constitute a quorum at any regular or special meeting of the Town Council. In the absence of a quorum, the presiding officer shall, at the insistence of any three members present, compel the attendance of absent members.
(‘82 Code, § 2-302(5))
(A) Meetings of the Town Council shall be open to the public, except as provided by the provisions of applicable law regulating the same. Promptly at the hour set by law on the day of each regular meeting, the members of the Town Council, the Clerk-Treasurer, the Town Attorney, and the chairperson of the Council shall take their regular stations in the meeting room, and the business of the Town Council shall be taken up for consideration in the following order:
(1) Roll call;
(2) Pledge of allegiance;
(3) Public comment, on Agenda Items, in the amount of time deemed appropriate by the presiding officer;
(4) Public hearings on special town business, if any;
(5) Consent agenda; in the event that the Council determines that any items on the consent agenda are not to be included, such items shall be removed;
(6) Items are not considered in the consent agenda.
(B) Thereafter, the following business of the Town Council shall be taken up for consideration in the following order:
(1) Sewer utility:
(a) Introduction and consideration of resolutions and ordinances, public comment on ordinance or resolution in question only may be permitted;
(b) Old or unfinished business;
(c) New business;
(d) Written communications and information;
(e) Reports of committees or departments.
(2) Town:
(a) Introduction and consideration of resolutions and ordinances; public comment on ordinance or resolution in question only may be permitted;
(b) Old or unfinished business;
(c) New business;
(d) Reports of standing committees;
(e) Reports of special committees;
(f) Written communications and information;
(g) Adjournment.
(‘82 Code, § 2-302(6)) (Am. Ord. 313, passed 6-10-81; Am. Ord. 594, passed 11-2-93; Am. Ord. 642, passed 3-7-95; Am. Ord. 698, passed 2-25-97; Am. Ord. 724, passed 8-11-98)
(A) The President of the Council or such other member of the Council as may be presiding may move, second, and debate only when he relinquishes his position as presiding officer of the meeting; however, nothing herein shall prohibit him from voting. Likewise, nothing shall prohibit him from making such comment as may be necessary. The President is subject to the same limitations as by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Council member by reason of his acting as the presiding officer.
(B) Every member desiring to speak shall address the chair, and, upon recognition by the presiding officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language.
(C) A member, once recognized, shall not be interrupted when speaking, unless it be to call him to order, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order be determined, and, if in order, he shall be permitted to proceed.
(D) All votes of Council members may be by a voice vote unless a role call vote is requested by any Council member, or the presiding officer determines that a roll call vote is necessary.
(E) In the event of a tie vote from the Council, the Clerk-Treasurer shall cast the deciding vote by roll call vote.
(F) The Clerk-Treasurer shall enter in the minutes a synopsis of the discussion on any question regularly coming before the Town Council.
(‘82 Code, § 2-302(8) (Am. Ord. 724, passed 8-11-98)
(A) Any person desiring to address the Town Council shall first secure the permission of the presiding officer to do so; however, under the following headings of business, unless the presiding officer rules otherwise, any qualified person may address the Town Council without securing such prior permission:
(1) Interested parties or their authorized representatives may address the Town Council by written communications in regard to matters then under discussion.
(2) Town taxpayers or residents of the town, or their authorized legal representatives, may address the Town Council by oral communications on any matter concerning the town’s business or any matter over which the Town Council has control and which is on the agenda; provided, that preference shall be given to those persons who have notified the Clerk-Treasurer in advance of their desire to speak in order that the same may appear on the agenda of the Town Council.
(3) Interested persons or their authorized representatives may address the Town Council by reading of protests, petitions, or communications relating to zoning, sewer, and street proceedings, hearings, or protests, appeals, and petitions, or similar matters, in regard to matters then under consideration by the Council.
(4) All communications and comments shall be read or heard at the appropriate time pursuant to § 30.20 hereof.
(‘82 Code, § 2-302(9))
(B) Each person addressing the Town Council shall step up, shall give his name and address in an audible tone of voice for the records, and unless further time is granted by the Town Council, shall limit his address to three minutes. All remarks shall be addressed to the Town Council as a body and not to any member thereof. No person, other than the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the presiding officer. No question shall be asked a Council member except through the presiding officer.
(‘82 Code, § 2-302(11)) (Am. Ord. 313, passed 6-10-81)
(A) Each Council member shall be required to vote in public by a roll call vote indicating his vote by either a yes or no on any subject, motion, resolution, ordinance, or other matter requiring a vote, and no member shall abstain from voting unless he is personally involved in the issue at hand. If a Council member feels that he might have a conflict of interest which would effectively challenge or negate
his vote, he should announce the fact and the reason for the possible conflict. If a majority of the remaining Council decides, upon such disclosure, that there is no conflict, the member shall be required to vote. In the event of a tie vote by the remaining members on the question of conflict of interest, the Clerk-Treasurer shall break the tie.
(B) All votes of the Council members may be by a voice vote unless a role call vote is requested by any member of the Council, or the presiding officer determines that a roll call vote is necessary.
(C) Discussion and voting on any issue at a regular or special meeting shall be in public and in strict compliance with the Indiana Anti-Secrecy Laws so as to avoid any attempt (or what might appear to be an attempt) to withhold or otherwise conduct private or secret meetings.
(‘82 Code, § 2-302(12) (Am. Ord. 724, passed 8-11-98)
(A) While the Town Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Town Council nor disturb any member while speaking or refuse to obey the orders of the Town Council or its presiding officer, except as otherwise here provided.
(B) Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the Town Council shall be forthwith, by the presiding officer, barred from further audience before the Town Council, unless permission to continue be granted by a majority vote of the Council.
(‘82 Code, § 2-302(13))
The Chief of Police or such member of the Police Department as he may designate, shall be Sergeant-at-Arms of the Town Council meetings. He, or they, shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Town Council meetings. Upon instructions of the presiding officer, it shall be the duty of the Sergeant-at-Arms to place any person who violates the order and decorum of the meeting under arrest and to eject him from the meeting place.
(‘82 Code, § 2-302(14)) (Am. Ord. 327, passed 3-10-82)
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