121.02 RULES OF COUNCIL.
   (a)   Rule 1 – Meetings. The first meeting of the Council of said Village each year shall be held on the first Monday in January unless otherwise designated by Council.
   (b)   Rule 2 – Holiday Meetings. When any regular meeting of the Council falls due on a legal holiday, or on an election day, the Council shall meet in regular session on the day following, and at the place and hour fixed by the rule governing the same.
   (c)   Rule 3 – Open Proceeding.     The president of Council (the Mayor) shall take the chair at the time appointed for the Council to meet, and shall immediately call the members to order; the president of Council shall then cause the journal of the preceding session to be read and disposed of, unless otherwise ordered by the Council. In the absence of the president of Council, the president pro tem of the Council 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 chair or president of Council.
   (d)   Rule 4 – Presiding Officers. The president of the Council shall preserve order and decorum, and confine members in debate to the question. He may in common with any other member call any member to order who shall violate any of the rules, and shall, when in the chair, decide all questions of order, subject to any 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 reasons for the same, and the presiding officer shall have the same right to a similar statement.
   (e)   Rule 5 – Standing Committees. At no later than the first regular meeting of the Council after its organization, the president of Council (or, Council by a majority vote) shall appoint standing committees each consisting of three members (the first named to be chairman), of the following named subjects:
      (1)   Finance
      (2)   Public service
      (3)   Public safety
      (4)   Rules
   The president of the Council (or, Council by a majority vote) may at any time remove any member or members of any committee appointed by the president and appoint a new member or members of such committee to serve in place of such member or members so removed.
   (f)   Rule 6 – Order of Business. The business of the regular meetings of the Council shall be transacted in the following order:
      (1)   Roll call.
      (2)   Reading and disposal of the journal.
      (3)   Reports and communications from the Mayor, directors of departments and other city officers.
      (4)   Communications, petitions and claims.
      (5)   Reports of committees.
      (6)   Approval of bonds, contracts, plats, etc.
      (7)   Ordinances and resolutions (First, Second and Third Readings).
      (8)   Appointments and confirmations.
      (9)   Miscellaneous business.
      (10)   Adjournment.
   The presiding officer of the Council may at any time permit a member to introduce an ordinance, motion or resolution out of the regular order for the same, unless the same be objected to by a majority of the members present.
   Voting shall be by roll call vote. Any member not voting will state the reason for not voting and such reason shall be entered into the journal.
   Anyone desiring to be on the agenda should submit a written request stating the business to be brought before Council by 12:00 noon on the Wednesday prior to the scheduled meeting night to the Village Clerk or Village Administrator. Anyone who wishes to speak at a Council meeting may only do so in accordance with Rule 18.
   (g)   Rule 7 – Voting. Every member present shall vote on any question on the call of the yeas and nays, unless excused by the unanimous 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 a majority vote of the Council.
   (h)   Rule 8 – Reports of Committee. The report of any committee of the Council, or municipal officer, upon matters referred to by the Council, shall be made in writing and shall be accompanied by the original papers upon which such report is based, unless otherwise ordered by the Council.
   If any matters referred by the Council to any committee, or officer, be not reported upon within two weeks from the time of such reference, such matter shall be brought by the Village Clerk to the attention of the Council, which shall take such further action in the premises as it may deem best.
   (i)   Rule 9 – 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. Any such motion, and any amendment thereto, may be withdrawn by the movers thereof at any time before decisions, if a majority of the members then present shall agree thereto.
   (j)    Rule 10 – Division of Question. Any member may call for a division of the question, or the presiding officer may direct the same, and in either case, the same shall be divided if it comprehends questions so distinct that one being taken away, the other will stand as an entire question for decision.
   (k)   Rule 11 – 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.
   (l)   Rule 12 – To Adjourn. The motion to adjourn shall always be in order, unless the Council is engaged in voting, and the motion to adjourn or to lay on the table, or for the previous question, shall be decided without debate.
   (m)   Rule 13 – Acceptable Motions; 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 lay on the table
      (3)   For the previous question
      (4)   To postpone to a certain day
      (5)   To commit
      (6)   To amend
      (7)   To postpone indefinitely.
   The several motions shall have precedence in the order in which they are herein arranged.
   (n)   Rule 14 – Introductions. Ordinances and resolutions shall be introduced only by members of the Council present, with their names endorsed thereon, except such ordinances and resolutions as may be presented to the Council upon written recommendation of some committee of the Council or as provided by charter.
   (o)   Rule 15 – Reference to Committee on Rules and Ordinances. All ordinances of a general or permanent nature, except the ordinances for appropriation, before their final passage, may be referred to the committee on rules and ordinances. It shall be the duty of said committee as to any ordinance so referred to it, to carefully compare the same with all existing ordinances, upon the subject matter, and it shall report thereon any discrepancy or conflict which may exist therewith. It shall also examine and report upon the form of such discrepancy or conflict or to correct error in form. If any amendment shall be made to any ordinance, they shall recommend the change necessary to remedy such discrepancy or conflict or to correct error in form. If any amendment shall be made to any ordinance after the committee has reported thereon, it shall be recommitted to said committee for further report thereon.
   (p)   Rule 16 – Reference to Committees. Any report, resolution, ordinance or matter before the Council for consideration (except appropriation ordinances), before their final passage may be referred either to the standing committee to which the subject matter is most closely related or to a committee specially appointed by the president of the Council. Any such committee shall consider the matter thus referred to it and report thereon to the Council without unnecessary delay.
   Any matter referred to a committee may by a two-thirds vote of Council at any time prior to report of such committee, be taken from the hands of such committee for consideration.
   (q)   Rule 17 – Limitation on Debate or Discussion. No member of the Council while Council is in session shall engage in debate or discussion with anyone save another member of the Council or the president of the Council or some person who has either been granted by the Council the privilege to address the Council or is present at a Council meeting on invitation of the Council. All such debate or discussion shall be governed by Robert’s Rules of Order.
   (r)   Rule 18 – Public Participation at Council Meetings. The legislative process is the function of Council and the Mayor. Members of the public have no absolute right to speak at a Council meeting. Whether an issue is open to public comment during a meeting is subject to the sole discretion of the Mayor.
   To the extent the Mayor permits an issue to be open to discussion, in no event shall a member of the public speak unless recognized and authorized to do so by the Mayor. Unless otherwise expressly authorized by the Mayor, any person who speaks before Council shall be limited to a three (3) minute presentation. Upon conclusion of any presentation, the speaker shall not speak further unless subsequently re-authorized and recognized by the Mayor.
   In determining whether to permit public discussion on a particular issue, the Mayor may consider all reasonable and lawful factors, including, without limitation:
   •   The nature of the issue or topic;
   •   Whether the speaker requested to be placed on the agenda in a timely manner in accordance with Rule 6;
•   Whether the issue has been subject to prior discussion or debate;
   •   Whether the issue has been already decided by Council;
   •   Whether the issue would be better presented outside of Council directly to the Administrator, Mayor or other Village representative; and
   •   Whether the issue is the subject of litigation or other considerations that render public discussion inappropriate.
   Any member of the public who speaks without being recognized by the Mayor, or otherwise engages in uncivil or unruly behavior may be prohibited from speaking or removed from a Council meeting.
   (s)   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 members exclusive of the person tendering the resignation.
   (t)   Rule 20 – Robert’s Rules of Order. In the absence of any rule upon the matter of business, the Council shall generally be governed by “Robert’s Rules of Order”; provided, however, that any deviation from Robert’s Rules of Order is permitted and shall not void any proceedings.
   (u)   Rule 21 – Amendments. These rules may be amended or altered or new rules adopted by a vote of the majority of all the members elected at any meeting of the Council, on the report of a committee to which the subject has been referred at a previous meeting.
   (v)   Rule 22 – Suspension of Rules. These rules or any of them may be temporarily suspended at any meeting of the Council, by an affirmative vote of the majority of members present, except when a greater number is required by law or by these rules. The vote on such suspension shall be taken 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. (Ord. 851. Passed 9-15-08.)