(a) The following Rules of Order shall govern the procedure of Council and the conduct of its members:
I. MEETINGS; PLACE, TIME OF CONVENING, QUORUM, ORDER OF BUSINESS.
(1) Rule 1. Meetings: Place. All meetings of Council shall be held in the Council Chamber in the City Hall unless otherwise ordered by Council.
(2) Rule 2. Meetings: Public. Except as otherwise provided by law, all meetings of Council or its committees thereof shall be public. Any citizen may appear and be heard by Council during the public session. Any person desiring to address Council shall first secure the permission of the Presiding Officer to do so. Priority in speaking shall be given to those presenting to the Clerk of Council a written request to address Council.
Each person addressing Council shall rise, give their name and address in an audible tone of voice for the record and, unless further time is granted by Council, shall limit their address to five minutes. All remarks shall be addressed to Council as a body, to any member thereof or to the administration or any member thereof. Speakers shall be courteous in their language and avoid personalities. No person, other than Council, the administration and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of Council, without the permission of the Presiding Officer. No questions shall be asked of a member of Council or by a member of Council except through the Presiding Officer.
Persons, including members of Council not a member of the committee and other City officials, desiring to be heard by any committee of Council shall be given an opportunity to be heard thereat. All minutes and the record of Council and its committees shall be open to the public at all reasonable times except as otherwise provided by law as applicable to executive sessions.
(3) Rule 3. Regular Meetings. Regular meetings of Council shall be held in the Council Chamber of the first and third Monday evenings at 7:00 p.m., unless otherwise ordered by motion, resolution or ordinance. Whenever the regular meeting falls on a legal holiday or a special election day, the Council shall meet in regular session on a day and at the place and hour as set by Council at a previous meeting. As used in this Rule, "legal holiday" shall have the same meaning as set forth in Ohio Revised Code. Section 1.14.
(4) Rule 4. Summer Schedule. During the months of July and August, Council may be on recess and shall meet at such times as a special meeting as may be called in accordance with the provisions of Rule 5.
(5) Rule 5. Special Meetings. Special meetings of Council may be called by a vote of Council taken at any regular or special meeting thereof shall be called by the Clerk of Council on written request of the Mayor, the President of Council or any three members of Council. Any written request for a special meeting shall state the subject or subjects to be considered at the special meeting and no other subject or subjects shall be considered. Notice in writing of each special meeting called at the written request of the Mayor, the President of Council or three members of Council shall state the date, time, place and subject or subjects of the special meeting and shall be posted on the bulletin boards at the City Hall and served on the Mayor and each member of Council, either personally, by leaving a copy of such notice at his/her usual place of residence or transmitting by electronic means. Such posting and service shall be accomplished not less than twenty-four hours preceding the time for the special meeting. If a special meeting is called by a vote of Council taken at any regular or special meeting from which the Mayor or any member of Council is absent, written notice of such special meeting shall be posted and given each absentee in the manner herein described. Service of notice of any special meeting shall be deemed conclusively to have been waived by the Mayor or by any member of Council who shall be present thereat. In addition to the subject or subjects to be considered, the order of business shall include items 1, 2, 3, 4, 7 (if related to the subject or subjects to be considered), and 14 of Rule 8A.
(6) Rule 6. Adjourned Meetings. Regular and special meetings may be adjourned from day to day, but if the regular or special meeting is adjourned to a day other than the day immediately succeeding the regular or special meeting day, any member of Council, or the Mayor, absent from the regular or special meeting shall be given at least twelve hours' notice of such adjournment and the date and hour of such adjourned meeting.
(7) Rule 7. Quorum. A majority of all the members elected to Council shall be a quorum to do business, but a lesser number may adjourn from day to day and compel the attendance of absent members in the manner and under such penalties as shall be prescribed by ordinance or resolution.
(8) Rule 8. Order of Business:
A. The business of the regular meetings of Council shall be transacted in the following order, unless Council by a majority vote of its members present and voting shall suspend the rules and change the order.
1. Call to order.
2. Moment of silent prayer.
3. Pledge of Allegiance.
4. Roll call of members; report on absent members. (Members absent for cause shall be excused by motion).
5. Presentation of Resolutions (if any)
6. Dispose of minute journal.
7. Written communications, petitions and claims.
8. Reports of committees.
9. Reading of legislation (ordinances and resolutions) by Clerk of Council.
a. First reading and referral to standing committee.
b. Second reading.
c. Audience input on legislation up for passage (3 minutes max per person)
d. Third reading.
e. Reading and passage of legislation under suspension of the Rules and without readings on three different days.
10. Reports and communications from the Mayor, the Directors of Departments, and other City officials.
11. Appointments and confirmations.
12. Public session.
13. Miscellaneous business and comments by members of Council.
14. Adjournment.
B. The President of Council may at any time permit a member of Council to introduce a motion, ordinance or resolution out of the regular order, unless objection is made thereto by any member present or unless otherwise provided by these Rules.
(9) Rule 9. The Agenda
A. It shall be the duty of the Clerk, under the supervision and direction of the President of Council, to have a Council meeting agenda prepared. Under this title the Clerk shall arrange and have printed in consecutive order by title all by-laws, ordinances or resolutions to be entertained, considered, introduced, read, acted upon or enacted in accordance with the following format: The Agenda of the Council Meeting of (Date)
1. Legislation be read and referred to Committee.
a. First reading.
b. Second reading.
2. Legislation on for passage.
a. Second reading suspension of the Rules.
b. Third reading.
c. On for passage under suspension of the rules and without readings on three different days. "The Agenda" and a copy of any legislation shall be delivered to each member of Council or left at the usual place of residence or transmitted by electronic means, at least two days prior to the regular meeting for which "The Agenda" is prepared and at least twenty-four hours prior to a special meeting.
B. No by-law, ordinance or resolution shall be entertained, considered, read, acted upon or enacted at any meeting unless its title is printed upon "The Agenda" for each meeting, except as follows:
1. Council amends the agenda by a vote of a majority plus one of the members elected to Council.
2. When action upon legislation appearing on "The Agenda" of a previous meeting is postponed to a day certain, whether or not it appears on "The Agenda" of the day certain.
3. Action upon the Mayor's veto of any legislation.
II. OFFICERS AND EMPLOYEES OF COUNCIL.
(10) Rule 10. Presiding Officer. The President of Council and, in that person's absence, the President of Council Pro Tempore, shall preside over the meetings of the Council. In the absence of the President of Council and the President of Council Pro Tempore, the Clerk of Council shall call the Council to order; and, if after the roll call is called a quorum shall be present, Council shall choose one of its members to act as temporary chair, who shall preside until the President of Council or the President of Council Pro Tempore appears, but in no event beyond such meeting, and that person shall discharge all the duties and be clothed of all the powers of the President of Council as such Presiding Officer during the President's absence. The Presiding Officer 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 Presiding Officer shall give the members an opportunity for correcting the Journal of the previous meeting(s), a copy of which shall have been delivered to each member of the Council. In the absence of any objections or corrections, a motion to approve the minutes as submitted without a reading thereof shall be in order. The Presiding Officer shall preserve order and decorum, may in common with any other member call any member to order who shall violate any of the rules, prevent personalities or the impugning of members' motives, confine members in debate to the question under discussion, and shall decide all points of order subject to an appeal to Council as set out in Rule 27. Prior to the first meeting of Council following a regular municipal election, the President of Council shall call an organizational meeting of the Council for the purpose of establishing the naming of a Chair and Vice-Chair of each committee. At such meeting, the President of Council shall submit to the members of Council his or her choices for the Chair and Vice-Chair of each committee, which choices shall be subject to, and effective only after
approval by a majority of the voting members of Council present, unless otherwise ordered by Council (See Rule 14 for Subcommittees), coordinating the work of the various committees. The President of Council shall have all the powers, duties, functions, obligations and rights of any other member of Council.
When the Mayor is absent or inaccessible, or is unable for any cause or reason to perform his or her duties, the President of Council shall become the acting Mayor, but he or she shall not thereby cease to be President of Council. In the event the office of Mayor shall become vacant for any reason, the President of Council shall thereupon become the Mayor and serve for the unexpired term or until the beginning of the term of a successor duly elected as provided in Article III, Section 4(d) of the Charter, and the office of President of Council shall become vacant. In case of a vacancy in the office of President of Council, the President of Council shall be elected by Council from among its members, and the one so elected shall vacate his office as Councilman and shall serve for the unexpired term of such President of Council.
(11) Rule 11. The Selection of a President of Council Pro Tempore The Vote Necessary for Election of President Pro Tempore. The members of Council, within seven days from the commencement of their term shall elect a President of Council Pro Tempore. No candidate for President Pro Tempore shall be declared elected unless they shall have received a majority vote of the members elected to Council. While presiding over and acting as President Pro Tempore of Council during the temporary absence of the President, such President Pro Tempore shall and he hereby is declared to retain all his rights as an individual member of Council and he shall be entitled to vote on all legislation and other matters before Council to the same extent and purpose as if he were not acting as such President Pro Tempore, but serving in the capacity of member of Council alone.
(12) Rule 12. Roll Call Upon Election of President Pro Tempore. Upon the roll call for the election of President Pro Tempore, each member shall respond by stating the name of the candidate of their choice eligible for such office or appointment, which candidate shall not be required to be a person duly nominated and seconded.
(13) Rule 13. Sergeant-at-Arms. Council shall have the authority to appoint a Sergeant-at-Arms who, under the direction of the Presiding Officer, shall preserve order and compel the attendance of absent members in the manner to be prescribed by ordinance or resolution
III. COMMITTEES OF THE COUNCIL.
(14) Rule 14. Committee of the Whole and Standing Committees. All Regular Standing Committees shall be comprised of the Council of the Whole; namely, the President of Council, five (5) Ward Councilmembers and the (1) Council member at Large. Prior to the first meeting of Council following a regular municipal election, the President of Council shall call an organizational meeting of the Council for the purpose of establishing the membership of the Standing Committees of Council, including the naming of a Chair and Vice-Chair of each committee. At such meeting, the President of Council shall submit to the members present his or her choices for Chair and Vice-Chair of each committee, which choices shall be subject
to, and effective only after approval by a majority of the voting members of Council present. Not later than the first regular meeting of Council, the President of Council shall appoint standing committees for the term of Council and shall designate for the term of Council a Chair and a Vice-Chair thereof. In the absence of the Chair, the Vice-Chair shall preside until the Chair appears and shall discharge all the duties and be clothed with all the powers of the Chair during such absence. In the absence of the Chair and the Vice-Chair, a quorum being present, a temporary Chair shall be selected by a majority vote of the members present who shall preside until the appearance of the Chair or Vice-Chair and he shall be clothed with the powers of the Chair during such absence. The standing committees shall be styled as follows:
A. COMMITTEE ON FINANCE: To which shall be referred all ordinances, resolutions and other matters relating to municipal finance; assessments; the budget; insurance; municipal indebtedness and the payment of moneys not otherwise provided for by previous legislation; appropriations for existing and proposed municipal departments, divisions, offices, boards and commissions; Civil Service and the Civil Service Commission; wages, salaries, pensions and other employee benefits; conditions of municipal employment; the creation of positions in the classified or unclassified service; the personnel and composition of the various City departments, divisions, and offices; the Clerk of Council; the purchase, lease or sale of real property or personal property by or from the City; taxation; concessions, licenses and permit fees; long-term financial planning; and, financial co-ordination of all committees.
B. COMMITTEE ON ENVIRONMENT, AND PUBLIC WORKS, PLANNING, ZONING AND DEVELOPMENT: To which shall be referred all ordinances, resolutions and other matters relating to natural watercourses, streams, creeks, brooks and the pollution thereof; water supply and the pollution thereof; air pollution; all other environmental nuisances; the improvement, repair, construction, maintenance and cleaning of streets and sidewalks, including any fees or charges relating thereto; transportation; the use of streets and sidewalks; street lighting; surface and storm water drainage; the construction, maintenance, repair and cleaning of storm and sanitary sewers including any fees or charges relating thereto; sewage disposal; the collection and disposal of refuse and other waste; public parks, public playgrounds, existing and proposed municipal buildings; the use of City property and land for public or private purpose including any fees or charges for the use thereof; recreational buildings and facilities; the location, maintenance and repair of public buildings and real properties; and, rates to be paid by the City or its residents for public utility services, all matters relating to City planning; the recommendations of the Planning & Design Commission; zoning and land use regulations and building, housing and property maintenance regulations, amendment to the Zone Map; business regulation; community and economic development; the Fire Prevention Code; existing or proposed franchises; and, annexation.
C. COMMITTEE ON LOCAL GOVERNMENT AND COMMUNITY SERVICES: To which shall be referred all ordinances, resolutions and other matters relating to initiative, recall and referendum petitions; Charter proposals or amendments; redistricting; the Rules of Council; intergovernmental relations with the United States, State of Ohio or Cuyahoga County Governments, the Board of Education, or any public or quasi-public body of any of the foregoing, including any act, bill, proposal, rule, regulation, policy or practice as may affect the City and/or the residents of the City; Rocky River Municipal Court; recreation programs, social services, senior citizen programs and services, youth activities and other human services and programs; the Traffic Code; and the imposition of fines, penalties, forfeiture, imprisonment or otherwise regulating conduct not within the jurisdiction of another standing committee including offenses against persons or property or in the operation of vehicles. No member of Council shall serve as Chair or Vice-Chair of more than one standing committee of Council except as provided in subsection I. hereof. The President of Council shall serve as an ex- officio member of all Council committees with the same powers, duties, functions, obligations and rights as any other member.
D. Council shall appoint a Chair and a Vice-Chair of all other committees which Council shall authorize and the President of Council shall appoint one member of Council to serve as a member of the Planning and Design Commission for such term and as approved by Council. Council shall appoint one member of Council as a member of the Parks and Recreation Commission for a term of two years.
E. Any member of Council shall continue as such member of each committee for the term of Council, but may be removed therefrom by the President of Council upon the recommendation of the remaining members of the committee for failure to attend the meetings of the committee without just cause or excuse, malfeasance, nonfeasance, misfeasance, gross misconduct or for other cause provided, however, that any Council member so removed from a committee may appeal such removal order to Council, not later than at its next regular meeting, who may overrule such removal order by a majority vote of the other members of Council eligible to vote.
F. Any member of Council appointed to or designated as a member of or representative to any board or commission of the City, however such appointment or designation was made by the President of Council or by Council, itself, may be removed therefrom by a majority vote of the other members of Council eligible to vote for gross misconduct, malfeasance, nonfeasance, misfeasance, failure to attend the meetings of the board or commission without just cause or excuse, or for other cause. Prior to the removal, the member of Council shall be given an opportunity to be heard and present evidence thereon.
G. The Director of Law, when requested by the Chair of a committee to which any ordinance or resolution has been referred, shall assist in the examination of such ordinance or resolution to assure such ordinance or resolution comports with law.
H. In the event of death, resignation, expulsion or removal of a member of Council from Council who serves as a committee chair, the vice chair shall become the Chair and the person appointed to the Council vacancy shall assume the vacated committee vice chairmanship; otherwise the person appointed to the Council vacancy shall assume the vacated committee assignments. In the event of the removal of a Chair from a committee, but not from Council, the Chair and the President of Council shall designate another member of the committee to serve as Vice-Chair for the balance of the term of Council. In the event of the removal of the Vice-Chair from a committee, the Council shall designate another member of the committee to service as Vice-Chair for the balance of the term of Council.
I. SUBCOMMITTEES:
J. A Chair may appoint subcommittees consisting of members of the Committee of the Whole.
(15) Rule 15. Committee Meetings. A majority of the members of the Committee of the Whole shall constitute a quorum for the transaction of business. Committees shall meet at the call of the Chair or upon the call of a majority of the other members thereof. General notice of committee meetings is to be given to the newspapers, elected officials and directors, and in accordance with Ohio law. Except as otherwise provided by law, all committee meetings shall be open to the public and a record of the attendance of members of the committee and the action taken thereat shall be kept by the Chair of the committee in a report provided for that purpose. Such report shall be kept on file with the Clerk of Council and open to public inspection as other public records but a report of attendance shall not be included in the report made pursuant to Rule 17. Legislation may be amended while in committee and it shall be the duty of the committee to recommend to Council the approval, disapproval or amendment of any legislation pending before the committee. A majority of the members present and voting shall be necessary for the recommendation of approval, disapproval or amendment of any legislation, motions or other matter pending before a committee. Except as otherwise determined by the Committee of the Whole, committee meetings shall be held in the caucus room or Council Chamber.
(16) Rule 16. Rules of Committees. Except in case of obvious inconsistency or inapplicability, committee meetings shall be governed by the rules applicable to Council proceedings. Any person may tape a committee meeting provided the person has first notified the committee. The Chair or, in the absence of the Chair, the Vice-Chair shall preside at the committee meeting, shall maintain order and decorum thereat, and shall have the authority to re-arrange the order in which business shall be considered at the committee meeting.
(17) Rule 17. Reports. No ordinance, resolution, communication, petition or other matter referred to a committee for action shall be approved or disapproved and reported out or placed before Council for further reading or consideration until it shall have first been considered at a committee meeting regularly called as provided for herein, and no committee, except as provided in Rule 58, Rule 67 and Rule 73, shall consider or hold a meeting on any proposed ordinance, resolution, communication, petition or other matter until it has been introduced in or presented to Council and referred to the committee.
The question of the recommendation of approval or of approval when amended, shall be put by the Chair upon motion of any member, which shall not require a second. If a majority of the members of the Committee of the Whole present and voting vote affirmatively, such ordinance, resolution, communication, petition or other matter shall be reported forthwith to Council as recommended for passage or adoption but if a majority of the members of the Committee of the Whole present and voting vote negatively on such question, such ordinance, resolution or other matter shall be reported forthwith to Council as a recommendation of rejection of such legislation or matter. The vote on all matters before the committee shall be recorded in the minutes of the meeting. When a majority of a committee present and voting has reported, recommending, with or without amendment, or not recommending the passage, adoption or approval of the ordinance, resolution, communication, petition or other matter under consideration, the minority may present a minority report. Council may accept or reject any committee report or recommendation in whole or in part. The committee to which any ordinance, resolution, communication, petition or other matter has been referred for consideration shall report to Council the status of such referral by the third next regular Council meeting from such reference and at each third next regular meeting thereafter until final report. Such status report shall be given by the Chair of the Committee, or in the absence of the Chair by the Vice-Chair, and shall be written. Notwithstanding the provisions of Rule 55, any ordinance, resolution, communication, petition or other matter which has been referred to a Council committee shall be automatically discharged from the committee at the adjournment of the eighteenth regular Council meeting after the date referred to Council committee and shall be deemed as recommended by the committee. In such event, such ordinance, resolution, communication, petition or other matter shall be placed on the agenda of the next succeeding regular meeting of Council, unless prior to adjournment Council postpones consideration thereof to a day certain. Any committee or status report shall be given orally at the next regular meeting of Council following the committee meeting provided that such committee report shall be given at a special meeting of Council when the report concerns a subject to be considered at the special meeting. Committee or status reports submitted in writing shall be set forth verbatim in the minutes of the meeting.
(18) Rule 18. Undisposed of Legislation Pending in Committee. Ordinances and resolutions, which at the date of the first day in January have not been acted upon by the committee or committee(s) to which referred within a period of one year from the date of introduction in Council, shall be reassigned to Committee by the President of Council.
(19) Rule 19. Committee of the Whole. When Council shall decide to go into Committee of the Whole, without objection the regular officers shall continue to serve, otherwise, Council shall appoint a Chair to preside, and the Presiding Officer of Council shall leave the chair. The Rules of Council, insofar as practicable, shall be observed in the Committee of the Whole, except that no limit shall be placed on the frequency of speaking, that the "yes" and "no" votes shall not be taken except as provided in Rule 66, and that a motion to rise and report progress shall always be in order and shall be decided without debate. Except as may otherwise be provided in the Rules of Council or in the ordinance or resolution creating same, interviews of private citizens to be considered for appointment by Council to any advisory group or commission shall be conducted by the Committee of the Whole in such manner as is determined by the Committee of the Whole; the Committee of the Whole shall also determine the manner of evaluation to be used.
IV. DUTIES, PRIVILEGES AND DECORUM OF MEMBERS.
(20) Rule 20. Roll Call of Council. Every member shall be in his/her seat at the time of roll call; otherwise, he/she shall not be recorded as present except upon special order of Council. The Clerk shall record the names of the members present and absent.
(21) Rule 21. Duty of Vote. Every member present shall vote on all questions upon the call of the "yes" and "no" vote, except that any member may abstain from voting on any question in which that member has any direct or financial interest or which in any way involves that member's personal or private rights. Any member present, unless excepted as above, who refuses to vote upon any question relating to the City government, upon which they may vote, when the "yes" and "no" votes are being taken, shall be guilty of contempt of Council, and may, for such contempt, be censured by a majority vote of all the members of Council, or may be expelled from Council by a vote of a majority plus one of all the members of Council. If a member of Council shall abstain from voting "yes" or "no", the President of Council shall ask the member the reason for the abstention. The member's reason for the abstention shall be recorded in the journal. On the passage of every ordinance, resolution or motion and on the appointment of every officer or other person, the vote shall be taken by "yes" and "no", and entered in full upon the journal. On any other question, the "yes" and "no" shall likewise be entered upon the journal. Upon the call of the "yes" and "no", the Clerk shall call the roll on the members and record the vote. When once begun, voting shall not be interrupted.
(22) Rule 22. Codified Ordinance Book and City Property. Within five days of assumption of office, a member of Council shall be provided a Codified Ordinance book or the Codified Ordinances in electronic format. Any City property that contains the documents of Council shall, at all times, remain the property of the City. Within five days of leaving office, any City property shall be returned to the Clerk of Council. The Director of Law shall have the authority to enforce the provisions of this Rule by appropriate legal action.
(23) Rule 23. Change of Vote. Before the announcement of the vote of any question, the Clerk shall read the vote of each member so taken upon the demand of any member, at which time any member of Council, on account of error or for any other reason, may change their vote; but no member of Council shall be permitted to change their vote as recorded after the roll call has been verified and the result declared.
(24) Rule 24. Right of Floor. When any member is about to address Council, that member shall respectfully address themselves to the Presiding Officer and, when recognized by the Presiding Officer, shall confine themselves to the question under debate, avoid personalities and refrain from impugning the motives of any other member's argument or vote. When two or more members ask recognition at the same time, the Presiding Officer shall name the member who was first to speak and the exercise of such discretion by the Presiding Officer shall not be subject to appeal under Rule 27.
(25) Rule 25. Time Limitation of Speaking. No member of Council, public official or other person shall be allowed to speak more than once on the same matter until every other member desiring to speak on that matter shall have had an opportunity to do so, nor more than twice on any subject, not for a time longer than five minutes without permission of Council.
(26) Rule 26. Members Called to Order. If any member in speaking or otherwise transgresses the Rules of Council, the President shall call the offending member to order. The member so called to order shall immediately cease speaking unless permitted by the President to explain. Any member may, by raising the point of order, call the attention of the President to such transgression. The point of order shall be decided by the President without debate. Every such decision of the President shall be subject to appeal to Council by any two members.
(27) Rule 27. Right of Appeal. Any member may appeal to Council from a ruling of the Presiding Officer. The member making the appeal may briefly state their reasons for the appeal, and the Presiding Officer may briefly explain the ruling, but there shall be no debate on the appeal and no other member shall participate in the discussion. The Presiding Officer shall then put the question; "Shall the decision of the Chair be sustained?" If a majority of the members present and voting vote "yes" the ruling of the Chair is sustained; otherwise it is overruled.
(28) Rule 28. Division of Question. If the question contains two or more divisible propositions, the Presiding Officer may, and upon request of a member shall, divide the same; but a motion to strike out a provision and insert a substitute is not divisible. No question shall be divided unless it comprehends a question so distinct that if one is taken away, the other shall stand as an entire question for decision.
(29) Rule 29. Personal Privilege. Any member may rise to explain a matter personal to themselves, and on stating that it is a matter of personal privilege, they shall be recognized by the Presiding Officer, but shall not discuss a question or issue in such explanation. Such explanation shall not consume more than five minutes of time unless extended by consent of the Council. Matters of personal privilege shall yield only to a motion to recess or adjourn.
(30) Rule 30. Verbatim Transcript. Any member of Council or other City Official desiring specific remarks to be included verbatim in the minutes of any regular or special meeting of Council shall make such request therefore at the meeting in which the remarks were made and shall also submit such remarks in writing to the Clerk of Council.
V. MOTIONS.
(31) Rule 31. Purpose and Form. Motions shall be used only to expedite the orderly transaction of the business of Council and shall not be substituted for resolutions or ordinances. The form of all motions shall be "I move that" followed by the substance of the motion. A second shall be required for any motion except as specifically provided for in these Rules and upon demand of any member; any motion shall be reduced to writing. Any motion may be withdrawn by the makers before it has been amended or voted upon. When a motion is made, it shall be stated by the Presiding Officer before any debate shall be in order. All motions which have been entertained by the Presiding Officer shall be entered upon the minutes.
(32) Rule 32. Precedence of Motions.
A. When a resolution, ordinance, motion or other proposition is before Council or under debate, no motion shall be entertained except the following:
1. To fix the time to which to adjourn.
2. To adjourn.
3. To recess.
4. To lay on the table.
5. For the previous question.
6. To postpone to a day certain.
7. To refer to committee.
8. To amend.
9. To postpone indefinitely.
B. These motions shall have precedence in the order indicated. Motions to adjourn, or to lay on the table, or for the previous question or to recess, shall be put to a vote without debate; the motion to fix the time to which to adjourn shall be debatable only as to the time of such adjournment; and all other motions shall be debatable. These motions shall always be in order until the clerk has started the call of the roll.
(33) Rule 33. The Previous Question, The motion for the previous question shall require a majority plus one of the members elected to Council present and voting; shall be considered only once; may be renewed after intervening business; shall take precedence over all debatable questions and shall be in order to prevent amendment of undebatable questions. If the previous question is demanded and seconded on an amendment, it shall apply only to the amendment. When the previous question is demanded and seconded on the main question, it shall be put as follows: "Shall the main question be now put?" If the motion for the previous question is carried as to the main question, there shall be no further amendment or debate, but pending amendments shall be put in their order before the main question. If the question, "Shall the main question be now put?" or "Shall the amendment be now put?" be decided in the negative, the main question or the amendment remains before Council.
(34) Rule 34. Motion to Lay on the Table. The motion to lay on the table shall, subject to the provisions of Rule 41, dispose finally of the legislation or other matter against which it is invoked, but a motion to lay a pending amendment to an ordinance, resolution or motion shall not carry the ordinance, resolution or motion with it. A motion to lay on the table shall require a majority vote of the members elected to Council present and voting. A motion to lay on the table may not be reconsidered.
(35) Rule 35. Motion to Postpone to Day Certain. A motion to postpone to a day certain shall require a majority vote of the members elected to Council present and voting; shall be subject to reconsideration; may be renewed after intervening business; shall be debatable as to the propriety of the postponement, but not upon the merits of the legislation or other matter; may be amended by changing the date; and shall be subject to the previous question. Upon the arrival of the date to which postponed, the legislation or other matter shall be considered in the regular order of business of that day.
(36) Rule 36. Motion to Postpone Indefinitely. The motion to postpone indefinitely shall have the same effect as a motion to lay on the table, and shall require a majority vote of the members elected to Council present and voting. A motion to postpone indefinitely may be reconsidered only if decided in the affirmative, shall be debatable and shall open the legislation or other matter to debate; may be renewed after intervening business and may not be amended or laid on the table, and shall be subject to previous question.
(37) Rule 37. Motion to Reconsider. A motion to reconsider a subject, including legislation, that may have been acted upon favorably shall be made before adjournment of that meeting of Council. A motion to reconsider any other subject may be made not later than the next regular meeting after such action was taken. A motion to reconsider may be made only by any member who voted with the prevailing side. A motion to reconsider shall be in order at any time except when a motion on some other subject is standing. A motion to reconsider, being laid on the table, may be taken up and acted upon at any time in accordance with this Rule when Council is engaged in the transaction of new or miscellaneous business. No motion to reconsider shall be made more than once on any matter or subject, and the same number of votes shall be required to reconsider the action of Council as was required to pass or adopt the same. A motion to reconsider may not be applied to a motion to adjourn, a motion to suspend the rules or a motion to lay on the table.
(38) Rule 38. Motion to Amend. A motion to amend may be amended only once. An amendment once rejected may not be moved again in the same form.
(39) Rule 39. Motion on Question of Privilege. First: Those affecting the rights of Council collectively, its safety, dignity and the integrity of its proceedings. Second: The rights, reputation and conduct of the members of Council individually, in their capacity as such members. A question of privilege shall have precedence over all questions except a motion to adjourn. A question of privilege shall not require a second and shall be decided by the President of Council subject to a right of appeal as set forth in Rule 27.
(40) Rule 40. Motion that Matter be Taken From Committee. When any ordinance, resolution or other matter has been referred to a committee, and the committee to which such has been referred fails by the third next regular Council meeting from the date of referral to report, or to offer a valid reason for its failure to report, any member of Council shall have the right to make a motion that such ordinance, resolution or other matter be taken from the committee to which such ordinance, resolution or other matter has been referred and that the same may be laid before Council for action. Such motion shall be decided without debate, provided that the member making the motion may state briefly the reasons for the motion.
(41) Rule 41. Motion to Take From Table. A motion to take from the table shall be in order when that order of business is being transacted in which such matter to be taken up was laid upon the table, or under the head of new or miscellaneous business. Such motion shall be decided without debate, provided the mover may be permitted to state briefly the reasons for the motion.
(42) Rule 42. Motion to Adjourn. A motion to adjourn shall always be in order unless Council is engaged in voting on an ordinance, resolution or motion.
VI. ORDINANCES AND RESOLUTIONS.
(43) Rule 43. Introduction. Ordinances and resolutions shall be introduced only by members of Council, with the name of the sponsor or sponsors endorsed on the face of such ordinance or resolution, except such ordinances and resolutions as may be presented to Council upon written recommendation of some committee of Council. Ordinances and resolutions as may be presented to Council upon written recommendation of some committee of Council shall have endorsed thereon as sponsors the names of the members thereof who assent thereto. Ordinances submitted by the Initiative shall have endorsed thereon "Submitted by Initiative Petition". Any ordinance or resolution shall, when introduced, be placed on first reading unless objection is made thereto by a majority plus one the members of Council.
(44) Rule 44. Preparation of Legislation. In order that adequate time may be given to the preparation of legislation, any requests for legislation to be prepared by the Director of Law shall be submitted to the Director of Law not later than 5:00 p.m. on the Friday following the last regular Council meeting preceding the meeting at which such legislation is to be introduced for first reading, and not later than 5:00 p.m. on the Monday preceding the meeting at which such legislation is to be introduced for passage under suspension of the rules. The exception to either of the foregoing shall be such legislation where investigation and/or unavoidable circumstances exist and an adequate time for preparation would not otherwise be provided or where a sudden and unforeseen emergency affecting or likely to affect the public health, safety or welfare arises subsequent to the aforementioned days and times. Any legislation and accompanying exhibits and/or attachments except as hereinafter stated, shall be delivered to the Clerk of Council no later than the close of business on Tuesday prior to the regular meeting; otherwise it shall not be included on the agenda. The exception to this requirement shall be the same as applicable to the preparation of legislation by the Director of Law provided, however, that any such legislation within such exception shall be delivered to the Clerk of Council no later than 12:00 noon the Friday preceding the regular meeting of Council. All legislation shall be timely reviewed for form and legality of content by the Director of Law prior to adoption. Violations of any of the provisions of this Rule shall not invalidate any resolution or ordinance duly adopted according to the other provisions of these Rules and the Charter.
(45) Rule 45. Legislation. All legislation shall comply with the following rules:
A. Any legislation originating from a member or members of Council shall have indicated thereon the name or names of the members of Council requesting or originating same following the words "Requested by:"
B. Any legislation originating from an administrative division, shall have indicated thereon the name and position of the person requesting or originating same following the words "Requested by". All ordinances or resolutions shall state the name or names of the member or members of Council who is sponsoring same, following the words "Sponsored by:"
C. No legislation requested or originated under subsection (a) (45) B. hereof shall be introduced in Council unless a member of Council has consented to introduce the legislation.
D. All ordinances and resolutions introduced in Council shall be identified and numbered as follows: The first two numbers shall represent the last two numbers of the respective calendar year during which such ordinance or resolution was introduced and which numbers shall be followed by a dash (-), after which shall appear a number as shall represent the numerical order in which the ordinance or resolution was introduced during the calendar year.
E. Any member of Council may submit a request, in writing, to the Clerk of Council to add his/her name to any legislation as a cosponsor. Upon receipt of such written or oral request, the Clerk of Council shall insert the name or names of the members of Council in the order received after the words "Co-sponsored by" on the legislation. During a vote on adoption of legislation, if a member of Council votes "no" or "abstains", that member's name shall be removed by the Clerk of Council as sponsor or co-sponsor of the legislation prior to posting.
(46) Rule 46. Legislation on for Passage Under Suspension of the Rules. In arranging "The Agenda", the Clerk shall not include any introductory legislation in the "On For Passage Under Suspension of Rules and Without Readings on Three Different Days" portion of "The Agenda", unless the member of Council, committee of Council, official or department head originating or requesting such legislation provides the Clerk with a written statement setting forth in detail the reasons requiring immediate action thereon. A copy of such statement shall be attached to the legislation and delivered in accordance with Rule 9 hereof. In the event that such written statement shall not be timely provided, the Clerk shall include such legislation in the "First Reading" portion of "The Agenda." Any legislation included in the "First Reading" portion may not be passed without the unanimous consent of all members elected to Council present.
(46-1) Rule 46-1. Legislation on for Passage Second Reading Suspension of the Rules. In arranging "The Agenda", the Clerk shall not include any legislation in the "Second Reading Suspension of the Rules" portion of "The Agenda", unless the committee of Council to which the legislation was referred has so recommended and the Administrative Department Head or the Mayor has also provided the Clerk with a written statement setting forth in detail the reasons requiring immediate action thereon, said statement to be agreed to by a roll call vote by the majority of members present voting in favor of the recommendation. A copy of such statement shall be attached to the legislation and delivered in accordance with Rule 9 hereof. In the event such written statement shall not be timely provided, the Clerk shall include such legislation in the "Second Reading" portion of "The Agenda".
(47) Rule 47. Form of Ordinances and Resolutions. The enacting clause of all ordinances and resolutions shall be "Be it ordained (resolved) by the Council of the City of Fairview Park, County of Cuyahoga, and State of Ohio". No ordinance or resolution or section thereof shall be revised or amended unless the new ordinance or resolution contains the entire ordinance or resolution, or section revised or amended, and the original ordinance, resolution, section or sections so amended shall be repealed. No ordinance or resolution shall contain more than one subject, which shall be clearly stated in its title. The determination as to whether the ordinance or resolution contains more than one subject shall be that of Council alone.
(48) Rule 48. Emergency Ordinances and Resolutions. If an emergency ordinance or resolution fails to receive an affirmative majority plus one vote of all members elected to Council, such measure shall cease to be before Council as an emergency measure and shall have the standing that a measure would have had if it had not been read as an emergency measure.
(49) Rule 49. Voting. and Form of Legislative Action.
A. Any action of Council shall be by ordinance, resolution or motion, and the voting upon such ordinance, resolution or motion shall be by roll call, and the vote of each member of Council shall be entered upon the journal.
B. 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 elected to Council shall be required for the passage or enactment of every ordinance or resolution. Unless otherwise provided herein, every ordinance or resolution shall be read at three different Council meetings, unless a majority plus one of the members elected to Council dispense therewith in which event such ordinance or resolution shall be read at least once before passage. Every ordinance or resolution shall be deemed to have been read on the first reading thereof if the title of the ordinance or resolution is fully and distinctly read if a written or printed copy of the ordinance or resolution shall have been furnished to each member of Council prior to its introduction unless two or more members of Council request the ordinance or resolution be read in full. Every ordinance or resolution shall be deemed to have been read on the second and third readings thereof if the title of the ordinance or resolution is fully and distinctly read unless two or more members of Council request the ordinance or resolution be read in full. Should any member of Council request that the ordinance or resolution be read in full, such request to be made after the Clerk of Council has read the title of the ordinance or resolution, the President of Council shall forthwith and prior to the consideration of further business, inquire as to whether any other member of Council concurs in the request. If any other member of Council concurs in the request, the Clerk of Council shall read the ordinance or resolution in full prior to the consideration of further business. If no other member of Council concurs in the request, the ordinance or resolution shall not be read in full and Council may proceed to the consideration of further business including the question of adoption of the ordinance or resolution.
(50) Rule 50. Effective Date of Ordinances and Resolutions. Each ordinance or resolution providing for the appropriation of money, 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 and specially assessed therefor, and any emergency ordinance or resolution necessary for the immediate preservation of public peace, health or safety, shall take effect, unless a later date be specified therein, upon its approval by the Mayor, or upon the expiration of the time within which it may be vetoed by the Mayor, or upon its passage after veto by the Mayor, as the case may be. No other ordinance or resolution shall become effective until forty (40) days after its approval by the Mayor or upon the expiration of the time within which it may be vetoed by the Mayor, or upon its passage after veto by the Mayor, as the case may be.
Each emergency measure shall contain therein a statement of the necessity for such emergency action, and shall require the affirmative vote of a majority plus one of the members elected to Council 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 ordinance or amendment or repeal of any zoning ordinance, shall be designated an emergency measure or enacted under a suspension of rules.
(51) Rule 51. Enactment of Zoning Ordinances. Enactment of Zoning ordinances and regulations and notice thereof shall be in accordance with the applicable provisions of the Charter and applicable provisions of the Codified Ordinances of the City.
(52) Rule 52. Roll Call; Seating Order. For all roll calls in matters before Council, the Clerk of Council shall call the roll of members in order from the member of Council seated to the furthest right of the President of Council to the furthest left. The seating order of the members of Council and the Clerk of Council shall be in the following order beginning with the seat to the furthest right of the President of Council: Council Wards 1 through 3, the Clerk of Council, the President of Council, Council Wards 4 and 5 and Council-at-Large. Reports of committees (Rule 8 A.7.) and Miscellaneous Business and Comments (Rule 8 A. 12.) shall be given or made in the same order except that such from the President of Council shall be given or made after all other members of Council.
(53) Rule 53. Reference to Committee. All ordinances, resolutions, communications or other matters shall be read on the day introduced or presented except as provided in Rule 43 and shall be referred to committee by the President of Council, which reference shall be forthwith announced. The committee to which reference is made, after due consideration and at least one meeting which shall be open to the public, except as otherwise provided by law, shall report the same back with or without proposed amendments and with recommendation for approval or disapproval. When so reported, such ordinance, resolution, communication or other matter shall be read a second time and, except as provided in Rule 56, laid over until the next meeting of Council when it shall be read a third time and a vote taken thereon. No ordinance, resolution, communication or other matter shall be enacted or otherwise adopted or further action taken thereon without first having been referred to committee and reported upon, except for a resolution of condolence or congratulations or an ordinance, resolution or other matter included in the "On For Passage Under Suspension of the Rules and Without Readings on Three Different Days" portion of "The Agenda."
(53-1) Rule 53-1. Re-reference to Committee. Any pending legislation, communication or other matter may, by the President of Council or by a vote of a majority of the members elected to Council present and voting, be re-referred to any committee to which previously referred under these rules, or to any appropriate committee with jurisdiction over the subject matter designated in the motion to re-refer. When referred back to Council, such legislation, communication or other matter shall have the same standing as it had at the time when re-referred. Such legislation, communication or other matter shall be subject to the provisions of Rule 17 and Rule 55.
(54) Rule 54. Reference to More Than One Committee. Whenever any pending matter is referred to more than one committee for consideration and report, such committees may consider the same in joint session as a Joint Committee, if the Chair of the committees concerned consent thereto. The Chair of the committee first named shall preside at such joint sessions, and each member of the Joint Committee shall have one vote for each committee of which they are a member composing the Joint Committee. A majority of the members of each of the separate committees shall constitute a quorum of such committee and the vote shall be taken by roll call of each of the separate committees constituting the Joint Committee. Its report shall be made in the same manner and under the same rules as reports are made by standing committees.
(55) Rule 55. Relieving Committees.
A. Any committee or committees to which an ordinance, resolution, communication or other matter has been referred by the Presiding Officer under Rule 53, without specific motion to commit, may be relieved of further consideration of such legislation, communication or other matter by a motion duly made and adopted by a majority plus one vote of the members elected to Council; provided a majority vote of the members elected to Council present and voting shall be sufficient to relieve a committee if notice of the intention to relieve such committee or committees of further consideration of said legislation, communication or other matter has been made at the meeting preceding the meeting at which such motion is made.
B. Any committee to which an ordinance, resolution, communication or other matter has been referred by motion to commit or recommit may be relieved of further consideration of such legislation, communication or other matter at the next meeting following the meeting at which such legislation was referred by a motion to reconsider the vote to commit or recommit as the case may be, which motion shall require only a majority vote of the members elected to Council present and voting; and at any time subsequent to the meeting next succeeding the meeting at which such legislation, communication or other matter has been committed or recommitted, the procedure to relieve the committee shall be as provided in subsection (a)(55)A. hereof.
C. In the event any committee is relieved of further consideration pursuant to either subsection (a)(55)A. or B. hereof, such ordinance, resolution, communication or other matter shall be placed on the Calendar Agenda at the next succeeding regular meeting of Council, unless otherwise directed by Council.
(56) Rule 56. Three Readings. Copies of all first reading legislation to be introduced for passage under suspension of the Rules and without reading on three different days shall be delivered to each member of Council either personally or at their residence address, or transmitted by electronic means, at least two days prior to the date of introduction. No motion to suspend the Rule that first reading legislation be read on three different days shall be entertained unless the reason for the suspension is set forth in accordance with Rule 46 by the member making such motion or the official or the Director of the department involved. When it is desired to suspend Rule 49 and Rule 53, in order to permit the passage of legislation upon introduction, the question on the motions for suspension shall be as follows:
"Shall the Charter provision and Rule 49 requiring reading on three different days be dispensed with?" If a majority plus one of the members elected to Council, vote "yes", the Charter and the Rule provisions requiring reading on three different days shall be suspended and the question on the motion to suspend Rule 53 shall be as follows: "Shall Rule 53 requiring reference to Committee be dispensed with and (Ordinance No. - ) (Resolution No. - ) be placed on final passage?" If a majority plus one of the members of Council present and voting vote "yes", the Rule requiring reference to Committee shall be suspended. Both motions set forth in this paragraph shall be debatable as to the propriety of same but not upon the merits of the legislation. Copies of all second reading legislation to be placed for passage under suspension of the Rules and without reading on three different days shall be delivered to each member of Council either personally, or at their residence address, or transmitted by electronic means, two days prior to the date of second reading. No motion to suspend the rule that second reading legislation be read on three different days shall be entertained unless the reason for the suspension is set forth in accordance with Rule 46-1 by the committee recommending such motion. When it is desired to suspend Rule 49, in order to permit the passage of legislation upon second reading, the question on the motion for suspension shall be as follows: "Shall the Charter provision and Rule 49 requiring reading on three different days be dispensed with?" If a majority plus one of the members elected to Council, vote "yes", the Charter and Rule provisions requiring reading on three different days shall be suspended. The motion set forth in this paragraph shall be debatable as to the propriety of same but not upon the merits of the legislation.
(57) Rule 57. Appropriation Ordinances and Resolutions. Ordinances or resolutions making appropriations shall be confined to the subject of appropriations and must include a fund number from which it will be paid. No money shall be appropriated except by ordinance or resolution. All ordinances or resolutions for fixing a tax rate, the appropriation of money, the issuance of bonds, the transfer of money to any fund, or the payment of claims, and all resolutions and ordinances whereby the City shall become liable for the payment of any money, shall be referred without debate to the Committee on Finance for consideration and report.
(58) Rule 58. Substitute Legislation. Legislation dealing with the same subject matter may be substituted for any pending ordinance or resolution by a majority vote of the members elected to Council present and voting, upon the recommendation of any committee to which such legislation has been referred. Substitute legislation shall be subject to all the provisions of the Charter, ordinances and rules applying to ordinances or resolutions to be placed on first reading, and the legislation for which such substitute is offered shall be laid upon the table permanently as a final disposition thereof. Before accepting for introduction any substitute legislation, the sponsor or sponsors of the original legislation shall be given written notice thereof by the Clerk of Council.
(59) Rule 59. Ordinances Fixing Fines and Penalties. All ordinances imposing fines, penalties, forfeiture or imprisonment shall be referred to the appropriate standing committee of Council as provided for in Rule 14, and the Director of Law shall be asked to give an opinion thereon.
(60) Rule 60. Approval of Ordinances and Resolutions. Every ordinance passed or resolution adopted shall be signed by the President of Council or other Presiding Officer and presented promptly to the Mayor by the Clerk of Council. If the Mayor approves such ordinance or resolution, the Mayor shall sign and return it to the Clerk of Council within ten days after its passage or adoption by Council, but if the Mayor does not approve it, he the Mayor shall return it to Council within such ten days with his or her written objections by delivery to the Clerk of Council. The Mayor's objections shall be read at the next Council meeting and be entered in full on the journal of Council. The Mayor may approve or disapprove the whole or any item of an ordinance or resolution appropriating money, but otherwise his or her approval or disapproval shall be addressed to the entire ordinance or resolution. If the Mayor does not return an ordinance or resolution within the time limited in this Rule, it shall take effect in the same manner as if he or she had signed it. When the Mayor disapproves an ordinance or resolution or any part thereof, and returns it to the Council with his or her objections, Council shall, not later than the next regular meeting, reconsider it and, if such ordinance, resolution or item, upon such reconsideration, is approved by the vote of at least a majority plus one members elected to Council, it shall take effect at the time of the vote of approval or at such later time as may be specified in such ordinance, resolution or item.
(61) Rule 61. Adoption of Ordinances by Reference. Council may adopt standard ordinances and codes prepared by public or private agencies on such matters as fire prevention, building construction, electric wiring, plumbing, heating, ventilating and air conditioning by reference to the date and source of the code without reproducing the same at length in the ordinance. In all such cases, publication of the code at length by the City shall not be required. In any such instance at least ten copies of such code shall be kept in the Building Department for reference by interested parties, and copies shall be available for sale by the Clerk of that division.
VII. ADMINISTRATIVE OFFICERS.
(62) Rule 62. Attendance Required. The Mayor, the Directors of all departments and the City Engineer should attend the regular and special meetings of Council and shall be provided with seats on the floor of the Council Chamber. They shall, subject to the provisions of Rule 5, answer such questions relating to the affairs of the City under their respective supervision and control as may be put to them by any member of Council. The Mayor shall make such recommendations in writing to Council for the welfare of the City as seem wise. The Mayor, the Directors of all departments, Building Commissioner, City Engineer, the Police Chief and the Fire Chief, or their respective designees, should be available to attend committee meetings as required by Council.
(63) Rule 63. Reports of City Officers. All ordinances, resolutions and communications pertaining to matters that come under the supervision and control of the Mayor and the Directors of departments shall, in addition to being referred to the proper committees, be also referred to such respective administrative officers for recommendation and report. No later than thirty days after reference to the administrative officer or officers, as the case may be, each ordinance, resolution or communication so referred shall be returned to the Clerk of Council with the endorsement of each administrative officer's approval, disapproval or recommended changes of such matter so referred; if response is not received within thirty days, Council shall assume that approval is granted. It shall be the duty of the President of Council to enforce this rule rigidly. The Clerk shall use all diligence in seeing that departments, commissions and boards to which measures are referred, return them to the Clerk's office within the time fixed herein or the time fixed by Charter should a longer period of time be allowed therein.
(64) Rule 64. Report or Status on Pending Measures. The Clerk of Council shall keep the members of Council informed regarding the status of pending ordinances and resolutions. All ordinances and resolutions to be acted upon by committees or the Council shall be in the hands of the Clerk as prescribed in Rule 44.
(65) Rule 65. Approval of Council of Appointments by Mayor. Whenever the approval of Council is required for appointments by the Mayor, the President of Council, upon written request of the Mayor for approval of any appointment, shall forthwith refer the name of each person whose appointment is submitted for approval of Council to the Committee of the Whole. Not later than the next regular meeting of Council following such reference, the committee shall report to Council its recommendation thereon. Thereupon Council, as part of the appropriate order of business, shall proceed to vote upon the approval of each appointment, the question being "Shall the Council approve the appointment by the Mayor?" Except as provided by the Charter or an ordinance or resolution specifically applicable to the appointment in question, if a majority of all the members elected to Council eligible to vote, vote "yes", the Council shall approve such appointment.
(66) Rule 66. Reports from Mayor and City Officials. All reports from the Mayor and City officials suggesting or recommending action by Council on any matter not referred to the source of such report by Council, or not otherwise provided for by the Rules of Council, shall be submitted in writing to the President of Council, who shall refer the same to the standing committee to which such suggestion or recommendation is most closely related. Such standing committee shall consider the suggestion or recommendation thus referred to it and report thereon to Council without unnecessary delay. Such consideration shall be subject to the provisions of Rule 17, Rule 53 and Rule 55.
VIII. COUNCIL CHAMBER.
(67) Rule 67. Use of Council Chamber. The Council Chamber shall be used only for meetings of Council or committees thereof, except where the President of Council authorizes its use by persons other than City Officials, when the Chamber is not in use by Council or its committees. The Clerk, with the written approval of the President of Council, may permit the other public officials to use the Council Chamber on public business, when not in use by the Council or its committees. The Clerk of Council shall notify all members of Council when the Council Chamber shall be used by persons or other City officials pursuant to this Rule.
(68) Rule 68. Privileges of Floor. While Council is in session, no person except members of Council, officers named in the Rules, and persons invited by the President of Council, or by vote of Council, shall be admitted within the bar of the Council Chamber, and the Presiding Officer shall cause this Rule to be rigidly enforced.
IX. RULES - SUSPENSION - AMENDMENT AND OTHER.
(69) Rule 69. Suspension of Rules. Any provision of these Rules may be suspended at any meeting of Council, by a majority vote of the members of Council present and voting, except when a greater number is required by law, by the Charter or by the Rules. The vote on any such suspension shall be taken by "yes" and "no" and entered upon the journal. In case Council takes action on any measure or in the case any Rule shall not have been adhered to by Council the same shall be regarded as having been suspended.
(70) Rule 70. Other Rules. Except as herein otherwise provided, the proceedings of Council shall be governed by the Charter and the Codified Ordinances of the City of Fairview Park, the Ohio Revised Code, and Robert's Rules of Order, and it shall be the duty of the Presiding Officer to adhere to and enforce such Rules. In case of conflict or questions as to the powers of Council, or any member thereof, the Charter shall prevail, any provision to the contrary notwithstanding herein.
(71) Rule 71. Investigations. Council may with or without notice cause the affairs of any department, division or office or the conduct of any officer or employee of the City to be examined. Council shall have the power to compel the attendance of witnesses, the production of books, papers and other evidence, and to cause witnesses to be punished for contempt as is conferred by law. Council may, by ordinance or resolution duly adopted, retain the services of such experts as it deems necessary and appropriate to assist it or any committee thereof in the discharge of legislative duties and powers. Council may, by ordinance or resolution duly adopted, authorize the creation of advisory groups and commissions composed in whole or in part of private citizens as it deems necessary and appropriate to assist it or any committee thereof in the discharge of legislative duties and powers, the composition, term and purpose of which shall be specified in the ordinance or resolution. Any committee of Council may determine to conduct an investigation of any matter or subject within the jurisdiction of the committee as set forth in Rule 14 without there having first been a reference of same to the committee by either the President of Council or by a duly adopted motion of Council to refer provided the matter or subject had not been previously referred to another committee.
(72) Rule 72. Vacancy in Office.
A. Whenever any office of Councilman becomes vacant, the vacancy shall be filled for the unexpired term by majority vote of the remaining members of Council. If the vacancy is not so filled within thirty days, the Mayor shall fill it by appointment.
B. When there is a vacancy in the office of Councilman which has not been filled in accordance with subsection (a)(73)A. hereof, a quorum shall consist of a majority of all the remaining members of Council.
(73) Rule 73. Resignation.
A. The resignation of a member of Council shall not take effect until the same has been accepted by a vote of the majority of the members of Council eligible to vote, exclusive of the person tendering the resignation, unless otherwise in effect by law.
B. If a vacancy shall occur as a result of the foregoing contingency, it shall then be filled as other vacancies in Council, in accordance with Article IV, Section 5 of the Charter.
(74) Rule 74. Removal. Council shall be the judge of the election and qualifications of its own members, including the President of Council. Council may, by at least majority plus one vote of the members elected to Council, expel or remove any member, including the President of Council, for gross misconduct, malfeasance, nonfeasance, misfeasance in or disqualification for office; for violation of his or her oath of office; for the conviction while in office of a crime involving moral turpitude; for persistent failure to abide by the rules of Council, or for absence without justifiable excuse from three consecutive regular meetings. Prior to any such action by Council, the accused member shall be notified in writing of the charge against him or her at least ten days in advance of any hearing upon such charge, and he or she and his or her counsel shall be given an opportunity to be heard, present evidence or examine under oath any witness appearing in support of such charge.
(75) Rule 75. Amending Rules. These Rules may be amended, or new Rules adopted, by a majority vote of all the members elected to Council, on the report of the appropriate standing committee of Council as provided for in Rule 14 for such purpose, provided the proposed amendments or new Rules shall have been referred to such committee in a preceding regular meeting.
(76) Rule 76. Continuity of Rules. These Rules shall constitute and serve as the Rules of Council for Council unless amended or new Rules adopted.
(Ord. 15-21. Passed 6-15-15.)