Rule 1. President.
(a) The Mayor shall be the President of Council and preside at all regular and special meetings thereof but shall have no vote except in case of a tie.
Rule 2. President Pro Tempore.
(a) At the first regular meeting in January of each year, Council shall immediately elect a President pro tempore from its own number, who shall serve until the first meeting in January next after his or her election.
(b) When the Mayor is absent from the village or is unable for any reason to perform his or her duties, the President pro tempore shall be the Acting Mayor, having the same powers and performing the same duties as the Mayor.
(c) In the absence of both the President and the President pro tempore, Council shall appoint a temporary Chairperson.
Rule 3. Succession.
(a) In case of the death, resignation, or removal of the Mayor, the President pro tempore shall become the Mayor and serve in accordance with R.C. § 733.25.
(b) When the President pro tempore becomes the Mayor, a new President pro tempore shall be immediately elected by Council.
Rule 4. Vacancies.
(a) When the office of a member of Council becomes vacant, the vacancy shall be filled by election by Council for the unexpired term, except that, if the vacancy occurs as a result of the death, resignation, or removal of the Mayor, the successor shall hold office only for the period the President pro tempore of the Council holds the office of Mayor.
(b) If Council fails to fill a vacancy on Council within 30 days, the Mayor shall fill it by appointment.
Rule 5. 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, exclusive of the person tendering the resignation.
Rule 6. Administrative Responsibility.
(a) Under the general laws of Ohio applicable to non-charter villages, both legislative and administrative authority is vested in Council. Council is ultimately responsible for general policies, plan approvals, financial control, legislative action, the number and duties of employees, and organizational strength.
(b) The Mayor is responsible for day-to-day operations and implementation of Council's legislative directives, plan accomplishment, financial integrity, and personnel management. To assist in those duties, the Mayor may appoint executive officers of the Village, including, but not limited to, an Administrator, Police Chief, and Zoning Inspector, subject to Council's approval. Those executive officers report to the Mayor.
(c) Council uses standing and special committees to assist in expediting its work. Any decision involving the exercise of judgment or discretion must be made by Council as a body.
Rule 7. Standing Committees; Special Committees.
(a) At no later than the first regular meeting of Council each calendar year, the President of Council shall appoint standing committees, each consisting of
two members, with the first named member to be Chairperson of the Committee, for the following areas:
1. Finance,
2. Safety,
3. Buildings and Land Use (includes zoning issues),
4. Service, Wastewater Treatment, and Utilities,
5. Recreation, and
6. Forestry
(b) The President's appointments to standing committees is subject to approval by Council.
(c) Temporary special committees may be appointed by the President of Council, with the approval of Council, to undertake some special task.
(d) The President of Council may at any time remove any member of any committee appointed by him and appoint a new member to such committee to serve in place of such member so removed.
Rule 8. Committee Responsibilities.
(a) A standing committee shall:
1. Follow Council direction in matters referred to it;
2. Normally be expected to investigate or study a given problem or need, taking no decisive action itself but submitting a report and recommendations;
3. Within its area of responsibility, assume both short- and long-range study of plans and needs;
4. Within its area of responsibility, work to establish desirable economic, budgetary, and work standards; and
5. Issue no orders, thereby acting in an advisory capacity to Council and reporting to Council suggested action(s) to take on a particular matter.
(b) The members of the committee shall meet on the call of the Chairperson, who shall be the person appointed by the Mayor. In the absence of the designated Chairperson, a member chosen by majority vote of Council shall be recognized as Chairperson.
(c) A majority of committee members shall constitute a quorum to do business.
(d) The Chairperson of the committee shall designate someone to keep a record of the proceedings and of all motions and other matters passed or adopted.
(e) Absent extenuating circumstances, a draft of such record, to be known as the minutes of the Committee, shall serve as the report of the Committee and shall be sent to the Clerk-Treasurer within ten business days of the committee meeting. Upon receipt of the draft minutes, the Clerk-Treasurer shall promptly arrange for them to be made for public inspection and place them on the agenda for the next Council meeting.
(f) A special committee shall be given direction by Council when appointed and shall be discharged upon receipt of its final report.
Rule 9. Meetings.
(a) As prescribed by ordinance, regular meetings shall be held in the Council Chambers of the Town Hall at 7:30 p.m. on the first and third Mondays of each month. A change in meeting time or place requires Council action,
(b) When any regularly scheduled meeting of Council falls on a legal holiday or on an election day, Council shall meet in regular session on the subsequent day at the stated place and hour.
(c) Special meetings may be called by the President or any three members of Council, provided at least 24-hours' notice is given to each member, served personally or left at his or her usual place of residence. Any member may waive, in writing, notice of any special meeting.
(d) At the first regular meeting in January of each year, and at such other times the Mayor deems expedient, he or she shall report to Council concerning the affairs of the Village and recommend such measures as he or she deems proper.
(e) All meetings shall be held in conformity with R.C. § 121.22.
(f) Persons requesting advance notice of meetings shall receive an agenda of all meetings as requested, both regular and special, by email, unless otherwise requested. If a requester requests that the advance notice and agenda of meetings be mailed by regular mail, then he or she shall provide a self-addressed, properly stamped envelope to the Clerk-Treasurer to mail the copy to the requester.
Rule 10. Attendance.
(a) Attendance at Council meetings shall ordinarily include the Clerk-Treasurer, the Administrator, the Solicitor and such other staff and department heads as may be requested by Council or the President of Council.
(b) Meetings of Council shall be open to the public.
Rule 11. Record of Proceedings; Meeting Agenda.
(a) The Clerk-Treasurer shall attend all meetings of the Legislative Authority and keep a record of its proceedings and of all rules, bylaws, resolutions, and ordinances passed or adopted, which shall be subject to the inspection of all persons interested.
(b) In case of the absence of the Clerk-Treasurer, the Legislative Authority shall appoint one of its members to perform his or her duties. The person so selected has the authority to appoint a member of the clerical staff of the village to perform the administrative and clerical duties of the Clerk at meetings of Council at which the Clerk is absent.
(c) The Clerk-Treasurer shall attend annual training programs of continuing education for clerks that are provided by the Auditor of State pursuant to R.C. § 117.44.
(d) The Clerk-Treasurer shall prepare an agenda for every meeting, attend to all correspondence incidental to his or her office, and perform such other duties as may be lawfully assigned by a majority vote of Council, or as required by law.
(e) The Clerk-Treasurer shall be notified by officers and Committee Chairpersons of matters to be presented, including ordinances and resolutions, so that they may be listed on the meeting agenda.
Rule 12. Order of Business.
(a) The business of regular Council meetings shall be transacted in the following order:
1. Call to order;
2. Pledge of allegiance;
3. Prayer/Moment of Silence;
4. Roll call;
5. Corrections or additions to agenda;
6. Minutes approval;
7. Visitors comments;
8. Department reports;
9. Committee reports;
10. Mayor's report;
11. Old business and new business;
12. Visitors comments; and
13. Adjournment
(b) The President 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 objected to by a majority of the members present.
(c) Each visitor to Council shall sign a register sheet and identify their name, address, and subject matter to be presented or discussed, if applicable.
Rule 13. Hearings Before Council.
(a) Council customarily accommodates visitors by providing five minutes to hear their concerns or requests, while under the main obligation of conducting its scheduled business within normal limits of time.
(b) Where an elector, taxpayer, or any other person desires a hearing that may exceed the time usually available, then Council shall schedule such public hearing by arranging for a special time and place for such hearing.
Rule 14. Opening Procedure; Quorum.
(a) The President of Council shall take the Chair at the time appointed for Council to meet and immediately call the members to order. He or she shall then determine if a quorum is present, cause the journal of the preceding session to be disposed of, and continue on with the prescribed order of business.
(b) A majority of all members elected shall be a quorum, but fewer may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as are prescribed by law.
Rule 15. Order and Decorum.
(a) Debate, defined as exchanging differing points of view, is an essential and inherent part of conducting Village business. Parliamentary courtesy shall be observed by all members of Council during debate. Participants in debate shall stick to the issues before Council and will confine debate to measures and facts relevant to the issues being debated.
(b) All members of Council will treat each other with respect and not engage in personal attacks on other members of Council.
(c) The President of Council shall preserve order and decorum and confine members in debate to the question.
(d) The President of Council may, in common with any other member, call any member to order who violates any of the rules and shall decide all questions of order, subject to an 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 reasons for the same and the President of Council shall have the same right to a similar statement.
(e) The President of Council may actively participate in debate before Council.
Rule 16. Delinquency and Disorderly Conduct.
(a) Council may punish or expel any member for disorderly conduct or a violation of these rules.
(b) Council shall declare a member of Council's seat vacant if he or she is absent without valid excuse for two months.
(c) No expulsion shall take place until the delinquent member has been notified of the charge against him and has had an opportunity to be heard.
(d) Expulsion requires a concurrence of two-thirds of all the members elected.
Rule 17. Voting.
(a) Every member present shall vote by a yea, nay, or abstention.
(b) If a member present votes abstention, the abstention vote shall be counted as an acquiescence to the action taken by the majority of those members who voted yea or nay on the matter for which an abstention vote is cast, provided that the majority of those members voting yea or nay is comprised of at least two members of Council.
(c) If less than two members of Council comprise the majority of those members voting yea or nay on the matter, then the abstention vote shall not be counted for purpose of determining whether a majority of Council has cast a vote in favor of or against the measure before Council.
(d) Unless otherwise stated in these rules or the Ohio Revised Code, all motions, ordinances, and resolutions must pass by majority vote of those members of Council who are present at the meeting at which the vote is called.
(e) Unless a member of Council states that he is not voting, his or her silence in failing to respond to roll call shall be recorded as an affirmative vote.
Rule 18. Reference to Committee.
(a) Any new business brought before Council may be referred to the proper committee if deemed necessary or proper. If such referral is not needed and the matter can be disposed of quickly, then such action should be taken at once.
(b) When communications are read by the Clerk-Treasurer, then the matter may be referred to a committee immediately.
(c) Prolonged argument, discussion and debate shall be avoided. If the matter under consideration requires investigation and study or is of such a nature that long discussion may be provoked, then it shall be referred to a committee by the President of Council.
(d) If any matters referred by Council to any committee or officer are not reported on by the next regularly scheduled meeting, then such matter shall be brought to the attention of Council by the Clerk-Treasurer. Upon being notified, Council shall take such further action as it deems appropriate.
(e) Council may accept or reject any committee report in whole or part.
Rule 19. Reference to Council of the Whole.
(a) There are times when a matter will be referred to Council of the Whole, which is a meeting of the entire Council as a committee.
(b) The President Pro Tempore shall preside as Chairperson of the Council of the Whole meeting. The Chairperson shall inform the public in advance of the time and place of the meeting of Council of the Whole.
(c) Referral to a Committee of the Whole may take place whenever Council deems appropriate, including when a major situation or problem arises on which it is felt that every member of Council should have an opportunity to express himself, when debate or discussion in the regular meeting would consume too much time and interfere with the regular order of business, or when referral to some committee will restrict consideration and study of the problem or question to only the committee members.
(d) Council of the Whole shall sit as a committee and discuss the question as a group and receive the views and opinions of all members.
(e) The Council of the Whole Committee shall be governed by the rules of Council in its deliberations.
(f) The Council of the Whole Committee shall report its recommendations or findings to Council.
(g) If the Council of the Whole Committee believes that further study or investigation is indicated, it may recommend to Council that the matter be referred to a standing or special committee.
(h) Any report of the Council of the Whole shall be presented to Council, just as in the case of any other committee report.
Rule 20. Legislation Referred to Committee; Solicitor.
(a) When Council as a whole or a member of Council individually deems that an ordinance and/or resolution should be prepared, then Council or a member of Council shall request its preparation by the Solicitor.
(b) When ordinances or resolutions are suggested by someone other than Council or a member of Council, they may be referred to the appropriate Committee of Council concerned with the subject matter of the proposed ordinance or resolution. If the ordinance or resolution is referred to a Committee of Council, then the Committee shall report on the ordinance or resolution at a future Council meeting within 30 days of the matter being referred.
(c) The Solicitor has the responsibility of preparing legislation in the manner prescribed by law. A Committee of Council shall determine whether the subject matter has been fully covered; the Solicitor shall determine fulfillment of legal requirements.
(d) A member of Council may request a formal legal opinion from the Solicitor by way of written or electronic form. All members of Council shall be provided with a copy of the Solicitor's formal legal opinion so requested, along with a copy of the written or electronic request for same.
(e) Members of Council may contact the Solicitor for legal advice pertaining to Village business by any means convenient for the Solicitor including telephone, email, and regular mail.
Rule 21. Introductions.
(a) Ordinances and resolutions must be introduced by a member of Council who is present.
Rule 22. Voting on Legislation: Seconding of Motions.
(a) Ordinances and resolutions shall be voted upon separately, even if a committee report urging approval of such legislation may be adopted unanimously.
(b) The voting on such legislation shall be entered in the minutes as "in favor of" and "opposed to," together with the names of the members of Council voting "in favor of" by any words commonly used to express favor, such as "yes," "aye" or "yea," or voting in opposition thereof by any words of negation, such as "no" or "nay." Abstentions from voting shall be recorded as voting in abstention and have their names entered with the majority, as provided for in these rules.
(c) Each motion shall be seconded before further action thereon. Names of seconders shall not be recorded in the minutes.
Rule 23. Three Readings Requirement.
(a) Unless otherwise stated in these rules or the Ohio Revised Code, no ordinance or resolution shall be passed unless the same is read on three different days.
(b) Council may dispense with this rule by a three-fourths vote of the members elected to Council.
(c) Ordinances or resolutions presented, including emergency legislation, shall be read by title only, unless, in the motion to read, there is included a request to read the ordinance or resolution "in toto."
Rule 24. First Reading of Ordinances; Resolutions.
(a) When an ordinance is presented, it shall be read and, if it is not an emergency ordinance, it shall be set aside for a second reading at the next meeting of Council.
(b) When a committee reports on a subject assigned to it and suggests an ordinance or resolution pertaining to that matter be passed, that ordinance or resolution can be given a first reading at the same meeting of Council, upon motion by a member of Council.
Rule 25. Emergency Ordinances.
(a) If an ordinance is an emergency ordinance or one requiring immediate action, then after the first reading, the Chair shall entertain a motion to suspend the rules. If three-fourths of the members elected to Council approve the motion, then the ordinance is ready for passage.
(b) After a member moves for passage of an ordinance, a vote shall be taken.
(c) A two-thirds majority vote of the members elected to Council in the affirmative is required to pass all emergency ordinances and measures. If an emergency ordinance is passed, then it shall be signed by the Clerk-Treasurer and Mayor.
(d) Legislation passed as an emergency measure must state the reason for the emergency, which shall be more particular than the mere general terms that such action is "necessary for the peace, health, welfare and safety of the Village."
Rule 26. Amending Resolution or Ordinance.
(a) It shall be in order to amend a resolution or ordinance at any time.
(b) If an ordinance or resolution is of a general or permanent nature and an amendment is made after the second reading of the ordinance or resolution, then it shall receive another second reading, as amended, and laid over to the next meeting for final action.
(c) Council may dispense with the requirement of laying an amended ordinance or resolution over to the next meeting for final action in accordance with these rules.
Rule 27. Limitations on Debate.
(a) No member of Council, while Council is in session, shall engage in debate or discussion with anyone save another member of Council, 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 by invitation of Council.
(b) All debate or discussion shall be governed by Robert's Rules of Order.
(c) No member of Council shall speak more than once upon any subject, until every member choosing to speak has had an opportunity to be heard.
Rule 28. Adjourned Meetings.
(a) When the business of Council is not completed within the available time at a given meeting, the meeting, by motion, may be adjourned to a definite time.
(b) When Council reconvenes at the appointed time, it shall take up the business where it left off at its former meeting, provided a quorum is present. An adjourned meeting is merely a continuation of the meeting from which it was adjourned.
Rule 29. Motions; When Debatable; Withdrawal.
(a) When a motion is made and seconded, it shall be stated by the President of Council before any debate is in order.
(b) Any motion, and any amendment thereto, may be withdrawn after any debate has taken place.
Rule 30. Division of Question.
(a) Any member may call for a division of the question or the President of Council may direct the same. In either case, the same shall be divided if it comprehends questions so distinct that if one is taken away the other will stand as an entire question for decision.
Rule 31. To Refer; Precedence.
(a) When there is a question of referring a given subject to a standing committee or to a special committee, the question of reference to a standing committee shall be put first.
Rule 32. Adjournment.
(a) The motion to adjourn shall always be in order, unless Council is engaged in voting.
(b) The motion to adjourn, to lay on the table, or for the previous question shall be decided without debate.
(c) If a motion to adjourn is made at the close of business, there being no further new business to be presented on the agenda, then the motion shall be carried without a vote.
(d) If a motion to adjourn is made at any time prior to the hearing of new business, a second motion will be required, and a vote shall be taken to obtain the views of the majority of those members present.
Rule 33. Acceptable Motions; Order of Precedence.
(a) When a question or proposition is before Council or under debate, no motion shall be received, except the following:
1. To adjourn;
2. To recess;
3. To raise a question of privilege;
4. To call for the orders of the day;
5. To lay on the table;
6. To order the previous question (close debate);
7. To limit or extend limits of debate;
8. To postpone definitely;
9. To commit or refer;
10. To amend;
11. To postpone indefinitely;
12. Main Motion.
(b) Such motions shall have precedence in the order in which they are herein listed.
Rule 34. Robert's Rules of Order.
(a) In the absence of any rule upon a matter of business, Council shall be governed by Robert's Rules of Order: The Modern Edition.
Rule 35. Amendments.
(a) These rules may be amended or altered by a vote of the majority of all the members elected at any meeting of Council.
(b) These rules will remain in full force and effect until amended or repealed by Council.
Rule 36. Sunshine Law.
(a) This rule is in addition to any applicable legal requirements as to notices to members of the municipality or to others in connection with specific meeting or specific subject matters.
(b) The Clerk-Treasurer shall post a statement of the time and place or regular meetings not later than the second day preceding the day of the regular meeting of the council, zoning board, and the like, in the five designated posting places for the public to read.
(c) The Clerk-Treasurer shall post a statement of the time and place of any organizational meeting of the municipal body at least 24 hours before the time of such organizational meeting.
(d) Upon qualified adjournment of any regular or special meeting to another day, the Clerk-Treasurer shall promptly post notice of the time and place of such adjourned meeting. If unqualified adjournment, the regular meeting time as followed, or a special meeting may be requested.
(e) Except in the case of an emergency special meeting, the Clerk-Treasurer shall, no later than 24 hours before the time of a special meeting, post a statement of the time, place and purpose of such special meeting in the five designated posting places for the public to read.
(f) Any news organization that desires to be given advance notification of a special meeting of any municipal body shall file with the Clerk-Treasurer a written request therefore.
(g) Except in event of an emergency requiring immediate action, a special meeting shall not be held unless at least 24 hours advance notice of the time, place, and purpose of such meeting is given to the news media requesting advance notification.
(h) News media requests for such advance notification of special meeting shall specify:
1. the municipal body that is subject of such request
2. the name of the medium
3. the name and address of such person to whom notification may be sent or delivered
4. the names, addresses, and telephone numbers (both during and after business hours) of at least two persons, either of whom oral notifications to the media may be given, and at least one telephone number which the request identifies as being manned and which can be called at any hour for the purpose of giving oral notification to such medium
(i) A news media request shall be effective for one year from date of filing with the Clerk-Treasurer.
(j) Each news organization shall be informed of such period of effectiveness at the time it files its request.
(k) Any notification provided herein to be given by the Clerk-Treasurer or other official may be given by or under authority of the Clerk-Treasurer and a reasonable attempt at notification shall constitute notification in compliance with these rules.
Rule 37. Codification.
(a) All permanent legislation passed by Village Council will be codified on a quarterly basis.
Rule 38. Reporting Bills and Financial Obligations of the Village.
(a) The Clerk-Treasurer shall report to Village Council the bills, financial obligations, and encumbered purchase orders of the Village no later than the second Council meeting in the month following the month in which the bills were paid except for the months of January and February.
(b) It is understood that this reporting obligation may not be possible to implement for the months of January and February due to mandatory year-end reporting requirements.
Rule 39. Disclosure of Information Presented in Executive Session.
(a) Any information presented to a member of Council in an executive session shall remain confidential and not be disclosed by a member of Council unless the exact same information is presented at the public portion of a Council meeting or at some other time.
(b) A member of Council may share information presented to Council in an executive session with a member or members of Council who were absent from the executive session.
(`80 Code, § 220.01) (Ord. 1709, passed 1-21-86; Ord. 2254, passed 4-19-99; Ord. 2295, passed 2-7-00; Ord. 2468, passed 3-3-03; Ord. 2547, passed 6-7-04; Ord. 2635, passed 4-3-06; Ord. 2638, passed 4-17-06; Ord. 2891, passed 2- 6-12; Ord. 3136, passed 5-6-19)