The following are hereby adopted and enacted as the Rules of Order of Council:
Rule 1 - Meetings.
(a) Time and Frequency of Regular Meetings. Regular meetings of Council shall be held at City Hall beginning at 6:00 p.m. on the second and fourth Mondays of each month, except in the months of June, July and August when the regular meetings shall be held only once a month on the second Mondays of each month.
(b) Work Sessions. Council shall hold a work session open to the public that shall begin fifteen minutes before each regular meeting.
(c) Special Meetings and Emergency Meetings. The President of Council or any two members of Council may call a special meeting or an emergency meeting. The Council Clerk shall provide notice to the Council body, the City Manager, the City Solicitor and the public within the time requirements of the Ohio Sunshine Laws.
(d) Method of Notice.
(1) The Council Clerk shall provide notice by e-mail of all meetings to Council, the City Manager, the City Solicitor and news media that have requested notification. Upon written request, any Council member of Council may choose to be served with notice of special or emergency meetings by hand delivery to his or her residence; however, hand delivery shall not require signature receipt. Any member of Council may waive, in writing, notice of any special meeting. Any person who provides a written request to the Council Clerk may be added to the list of e-mailed recipients of the Council Clerk's meeting notice.
(2) For public notice, the City's website shall state the time and frequency of regular meetings as provided in Rule 1. As it becomes available and as soon as practicable, the Council Clerk shall post a hard copy of the written agenda for regular meetings at City Hall in an area designated for public notice that is accessible to the public during normal business hours; however, this Rule shall not be construed to require the Council Clerk to post the agenda for regular meetings within a determined time frame of the meeting.
(3) Public notice of special or emergency meetings shall be posted on the City's website in accordance with the provisions of the Ohio Sunshine Laws. The Council Clerk shall post a hard copy of written notice of special or emergency meetings at City Hall in the area designated for public notices.
Rule 2 - Holiday Meetings.
When any regular meeting of Council falls due on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day or an election day, Council may meet in regular session on a date to be determined at the regular meeting preceding such holiday and at the place and hour fixed by the rule governing the same.
Rule 3 - Opening Proceedings.
The President of Council shall take the chair at the time appointed for Council to meet and shall immediately call the members to order with roll call; he or she shall then cause the journal of the preceding session to be approved, unless otherwise ordered by Council. In the absence of the President of Council, the Vice-President of Council shall perform such duties as are imposed upon the President. In the absence of both the President and Vice-President of Council, Council may appoint a temporary Chairman of Council.
Rule 4 - Presiding Officer.
The President of Council shall preserve order and decorum and confine members in debate to the question. He or she may, in common with any other member, call any member to order who violates any of the rules, and shall, when in the chair, decide all questions of order, subject to any appeal to Council on the demand of two members. On such appeal, there shall be no debate, but the member making the appeal may briefly state his or her reasons for the same, and the Presiding Officer shall have the same right to a similar statement.
Rule 5 - Standing Committees.
At no later than the first regular meeting of Council after its organization, the President of Council shall appoint standing committees, consisting of at least three members (the first named to be Chairman), of the following named subjects:
1. Finance
2. Streets
3. Police and Fire
4. Utilities
5. Planning
6. Service
The President of Council may at any time remove any member of any committee appointed by him or her and appoint a new member of such committee to serve in place of such member so removed.
Rule 6 - Agenda of Meetings.
The Manager shall prepare an agenda or schedule of matters to be brought before Council.
Any person, group or delegation wishing to appear before Council shall direct a letter to the Manager in such time that he or she will receive it not less than twenty-four hours before the time of the Council meeting. The letter should clearly state the purpose of the appearance and the approximate number who will appear in the group.
Chairmen of committees that are to report at the next meeting shall furnish the Manager a written copy of the report to be made, by at least 4:00 p.m. the Thursday preceding the next meeting. The Manager shall also be notified of ordinances and resolutions to be presented, and any member of Council who wishes to bring a matter before the body, other than a committee report, should likewise notify the Manager of the nature of the matter.
Rule 7 - Order of Business.
The business of the regular meetings of Council shall be transacted in the following order:
1. Roll call
2. Reading and disposal of the journal
3. Introduction of persons appearing before Council
4. Items requiring consideration of Council
5. City Manager's report to Council
6. Ordinances and resolutions
7. Committee reports
8. Appointments
9. New business
10. Adjournment
The Presiding Officer of 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 is objected to by a majority of the members present.
Rule 8 - Voting.
Every member present shall vote on any question on the call of yeas and nays, unless excused by the unanimous consent of the other members of Council. Any member who has not been excused, who refuses to vote on any question when the yeas and nays are being taken, shall be guilty of contempt of Council and may for such contempt be censured by a majority vote of Council.
Rule 9 - Reports of Committees.
The report of any committee of Council, or of a Municipal officer, upon matters referred to it, him or her by Council, shall be made in writing and shall be accompanied by the original papers upon which such report is based, if so ordered by Council.
If any matter referred by Council to any committee or officer is not reported upon within two weeks from the time of such reference, such matter shall be brought by the City Manager to the attention of Council, which shall take such further action in the premises as it may deem best.
Rule 10 - Motions; When Debatable; Withdrawal.
When a motion is made and seconded, it shall be stated by the Presiding Officer before any debate is in order. Any such motion, and any amendment thereto, may be withdrawn by the movers thereof at any time before decision, if a majority of the members then present agree thereto. Discussion may precede a motion.
Rule 11 - Motions to Reconsider.
Any member who voted with the prevailing side may move a reconsideration of any action of Council, provided that the motion is made not later than the next regular meeting after such action was taken.
A motion to reconsider, being laid on the table, may be taken up and acted upon at any time 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.
Rule 12 - Division of Question.
Any member may call for a division of the question, or the Presiding Officer may direct the same. In either case, the question shall be divided if it comprehends questions so distinct that one being taken away, the other will stand as an entire question for decision.
Rule 13 - Motions to Refer; Precedence.
When there is a question of referring a given subject to a standing committee, or to a select committee, the question of reference to a standing committee shall be put first.
Rule 14 - Motions to Adjourn.
The motion to adjourn shall always be in order, unless Council is engaged in voting, and the motion to adjourn, to lay on the table or to terminate debate shall be decided without debate.
Rule 15 - Acceptable Motions; Order of Precedence.
When a question or proposition is before Council, or under debate, no motion shall be received except the following:
1. To adjourn
2. To lay on the table
3. To adopt or reject
4. To postpone to a certain day
5. To committee
6. To amend
7. To postpone indefinitely
The several motions shall have precedence in the order in which they are herein arranged.
Rule 16 - Introduction of Ordinances and Resolutions.
Ordinances and resolutions shall be introduced only by members of Council present or by the City Manager, except such ordinances and resolutions as may be presented to Council upon written recommendation of some committee of Council or as provided by the City Charter.
Rule 17 - Referral of Ordinances, Etc., to Committees.
(a) In General. Any report, resolution, ordinance or matter before Council for consideration (except appropriation ordinances), may, before its final passage, be referred either to the standing committee to which the subject matter is most closely related or to a committee especially appointed by the President of Council. Any such committee shall consider the matter thus referred to it and report thereon to Council without unnecessary delay. It shall be the duty of such committee, as to any ordinance so referred to it, to carefully compare the same with all existing ordinances upon the subject matter and to 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 upon errors in form. If an amendment is made to an ordinance, the committee shall recommend the change necessary to remedy such discrepancy or conflict or to correct an error in form. If an amendment is made to an ordinance after the committee has reported thereon, it shall be recommitted to such committee for further report thereon.
Any matter referred to a committee may, by a two-thirds vote of Council at any time prior to the report of such committee, be taken from the hands of such committee for consideration.
(b) Referral to Council as a Committee of the Whole. There are times when a matter will be referred to Council as a Committee of the Whole. This is a meeting of the entire Council as a committee, but instead of the usual Presiding Officer being in charge, the Chairman of the Committee of the Whole shall preside. Referral to this Committee may take place when a major situation or problem arises on which it is felt that every member of Council should express himself or herself and that debate or discussion in the regular meeting would consume too much time and interfere with the regular order of business.
Council, as a Committee of the Whole, shall discuss the question as a group and receive the views and opinions of all the members. Subjects which may be referred to the Committee of the Whole are inadequate parking, salary increases, pensions, etc. The Committee of the Whole shall be governed by the rules of Council in its deliberations. The Committee of the Whole shall report its recommendations or findings to Council, in the person of the President of Council. This report may be in writing and signed by those concurring in the Committee action. If the Committee believes that further study or investigation is indicated, it may recommend to Council, in the person of the President of Council, that the matter be referred to a another committee. If the question deals with finances, it may recommend that the matter be turned over to the Finance Committee. Any report of the Committee of the Whole must be voted upon, just as in the case of any other committee report.
Rule 18 - Limitation on Debate or Discussion.
No member of Council shall, while Council is in session, engage in debate or discussion with anyone save another member of Council or the President of Council or some person who has either been granted by Council the privilege to address Council or is present at a Council meeting on invitation of Council. All such debate or discussion shall be governed by Robert's Rules of Order.
Rule 19 - Hearings Before Council.
If any elector or taxpayer of the City or any other person desires a hearing on any matter pending before Council, application may be made therefor to Council and Council may, by a two-thirds vote, grant such public hearing by arranging for a special time and place therefor, which must not be during any regular or special meeting of Council.
Rule 20 - Resignation.
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, exclusive of the person tendering the resignation.
Rule 21 - Robert's Rules of Order.
In the absence of any rule upon the matter of business, Council shall be governed by Robert's Rules of Order.
Rule 22 - Amendments.
These Rules may be amended or altered or new Rules adopted by a vote of the majority of all members elected at any meeting of Council, on the report of a committee to which the subject has been referred at a previous meeting.
Rule 23 - Suspension of Rules.
These Rules or any of them may be temporarily suspended at any meeting of Council, by a concurrent vote of the majority of all members elected, except when a greater number is required by law or by these Rules. The vote on such suspension shall be taken by yeas and nays and entered on the journal. If any Rule herein is not adhered to by Council, the same shall be regarded as having been suspended.
(Ord. 3199. Passed 11-14-16.)