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CHAPTER 121
Council
121.01   Adoption of rules.
121.02   Conduct of proceedings.
121.03   Council officers.
121.04   Committees.
121.05   Order of business.
121.06   Division of question.
121.07   Official reports.
121.08   Permitting nonmember to speak.
121.09   Emergency ordinances.
121.10   When three readings required.
121.11   Amendments.
121.12   Information from City employees.
121.13   Office of Council.
121.14   Appointment of Clerk of Council.
121.15   Duties of Clerk of Council.
121.16   Inclusion of verbatim transcript in minutes.
121.17   Termination of committee referrals.
121.18   Reports of committees.
CROSS REFERENCES
   Council organization, regulation and procedures - see CHTR. 2.5
   Ordinances and resolutions - see CHTR. 2.8 et seq.
   Right of Mayor and directors at meetings - see CHTR. 3.10
   Appropriations - see CHTR. 5.4 et seq.
   Ethics - see CHTR. 8.1
   Initiative, referendum and recall - see CHTR. 9.2, 9.3, 9.4
   Appropriation of property - see CHTR. 10.1
   Ward boundaries - see ADM. Ch. 103
121.01 ADOPTION OF RULES.
   Council hereby determines and adopts its own rules and order of business as follows.
(Ord. 17-66. Passed 4-18-1966.)
121.02 CONDUCT OF PROCEEDINGS.
   All meetings of Council shall be called, held and conducted as prescribed by:
   (a)   The City Charter;
   (b)   The ordinances and resolutions of the City;
   (c)   The rules hereinafter set forth.
   Council may, by a two-thirds vote of the members elected thereto, suspend the operation of any rule either as to any meeting or any measure pending before it. Except as otherwise provided, the proceedings of Council shall be governed by Robert's Rules of Order.
(Ord. 39-17. Passed 6-18-2018.)
121.03 COUNCIL OFFICERS.
   (a)   At the first meeting in January following a regular municipal election, or as soon thereafter as may be, Council shall elect, in addition to a President, one of its members as Vice President. In the absence of the President, the Vice President shall have his powers and perform his duties. In the absence of both the President and Vice President, the member of Council present who has the longest consecutive tenure of office shall preside. The presiding officer shall have the right to participate in the proceedings and shall have the same voting rights as all other members of Council.
   (b)   Except as otherwise provided by Charter, regular meetings of Council shall be held on the first and third Mondays of each month at 7:30 p.m., official time, except that when such meeting date falls on a holiday such meeting shall instead be held on the following day.
   (c)   After providing advance notice to Council on the docket, the President of Council, may propose to postpone or cancel meetings. The proposal must be approved by at least two thirds of the members of Council.
   (d)   The President of Council, or in the President's absence the Vice President of Council, may postpone or cancel council meetings, limit public attendance to online streaming and allow interaction by the public, or hold the meeting virtually through remote technology in the event of a state of emergency being declared by the State of Ohio, Cuyahoga County, or the City of Lakewood or upon recommendation of community health and safety officials.
(Ord. 17-66. Passed 4-18-1966; Ord. 06-2020. Passed 3-16-2020.)
121.04 COMMITTEES.
   At no later than the first regular meeting of Council after its organization, the President of Council shall appoint standing committees on the following named subjects:
   (a)   Finance;
   (b)   Housing, Planning, & Development;
   (c)   Health and Human Services;
   (d)   Public Safety;
   (e)   Rules & Ordinances; and
   (f)   Public Works & Sustainability.
   The President shall also appoint such other committees as he deems necessary for the efficient handling of Council business.
   All Council committees shall consist of two or three members of Council, as determined by the President, except Finance, which shall consist of three members. The report of the chairman of any committee consisting of only two members shall be considered the majority report of that committee in every case. Minority reports may be filed by the nonassenting member. The President of Council shall be an ex-officio member of all committees except those on which he is a designated member.
(Ord. 1-94. Passed 2-7-1994; Ord. 1-98. Passed 1-20-1998; Ord. 01-2020. Passed 2-18-2020.)
121.05 ORDER OF BUSINESS.
   The business of regular meetings of Council shall be transacted in the following order.
   (a)   Roll call;
   (b)   Reading and disposal of the minutes of previous meetings;
   (c)   Old business and reports and communications of Council committees, Councilmen, Mayor, City officers and others respectively relevant thereto in the order stated;
   (d)   New business:
      (1)   Reports and communications of Council committees and Councilmen;
      (2)   Reports and communications from the Mayor and other City officers;
      (3)   Other communications, petitions and claims;
   (e)   Routine ordinances, accepting and making assessments and relating to street resurfacing programs;
   (f)   Miscellaneous business.
   The President may permit any matter to be introduced out of the regular order unless the same is objected to by a majority of the members present.
(Ord. 17-66. Passed 4-18-1966.)
121.06 DIVISION OF QUESTION.
   Any question shall be divided if it comprehends a question so distinct that if one is taken away the other will stand as an entire question for decision. Any member may call for or the President may direct division of any question when it is believed such division will make for expedition or clarity. (Ord. 17-66. Passed 4-18-1966.)
121.07 OFFICIAL REPORTS.
   (a)   Whenever any officer or employee of the City makes any report or communication to Council, such report or communication shall be prepared in a format or on a medium suitable for reproduction on equipment in use by the City.
   (b)   The Clerk shall refuse to transmit to Council or to receive on its behalf any such report or communication which is not so submitted.
   (c)   The original report or communication shall be retained by the Clerk and placed on the records of Council and kept in accordance with Council’s approved records retention schedules.
(Ord. 35-16. Passed 10-3-2016.)
121.08 PERMITTING NONMEMBER TO SPEAK.
   The President may recognize any nonmember for the purpose of addressing Council on any question then pending, or on any matter on which Council action is desired. In such cases, the person recognized shall address the chair, state his name and address and the subject matter he desires to discuss. His remarks must be confined to the merits of the subject at issue. Speakers must be courteous in their language and avoid personalities. Except with permission of Council specifically given, speakers shall be limited to five minutes. No person who has had the floor shall again be recognized until all others desiring an opportunity to speak have been given an opportunity to do so.
(Ord. 17-66. Passed 4-18-1966.)
121.09 EMERGENCY ORDINANCES.
   If any emergency ordinance or resolution fails to receive a two-thirds affirmative 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 such measure would have had if it had been similarly read or voted upon as an ordinary measure instead of an emergency measure.
(Ord.17-66. Passed 4-18-1966.)
121.10 WHEN THREE READINGS REQUIRED.
   No resolution of a permanent character or ordinance shall be passed until it has been read on three separate days, unless the reading on three separate days has been dispensed with by a two-thirds vote of all members of Council. All ordinances and resolutions shall be read unless a copy thereof shall have been furnished to each member of Council.
(Ord. 13-11. Passed 6-6-2011.)
121.11 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.
(Ord. 17-66. Passed 4-18-1966.)
121.12 INFORMATION FROM CITY EMPLOYEES.
   Any employee of the City or appointee of any board or commission of the City shall furnish within a reasonable time, upon request, to any member of Council any information requested, within his knowledge or responsibility, related to the City, an activity done or contemplated by, for or on behalf of the City, or in the furtherance of its powers and duties, or pending or potential legislation. No such request shall be unreasonably delayed.
(Ord. 17-66. Passed 4-18-1966.)
121.13 OFFICE OF COUNCIL.
   (a)   There is hereby established the office of Council, which shall be under the direct supervision of the Clerk of Council and shall consist of the Clerk and such assistant full-time and part-time clerks as shall, from time to time, be authorized by Council.
   (b)   The office of Council shall be located in the City Hall at such place, and shall be equipped with such furniture and equipment, files and other accessories, as Council may from time to time authorize. (Ord. 17-66. Passed 4-18-1966.)
121.14 APPOINTMENT OF CLERK OF COUNCIL.
   Council shall appoint a Clerk who shall serve at the pleasure of Council, and who shall perform such duties as Council may direct. The Clerk shall also be subject to all general rules and regulations governing employees of the City.
(Ord. 17-66. Passed 4-18-1966.)
121.15 DUTIES OF CLERK OF COUNCIL.
   (a)   In addition to the duties usually and customarily performed by the Clerk and secretaries, and such further duties as may be required by law or by resolution of Council, it shall be the duty of the Clerk to prepare a docket and agenda of the business proposed to be transacted at any regular or special Council meeting and to cause a copy thereof to be delivered to each member of Council, the Mayor and each department and division head not less than forty-eight hours before the meeting. No matter not included in the docket, or otherwise called to the attention of all members of Council at least twelve hours before the meeting, shall be submitted to Council for final action if objected to by two members present.
   (b)   In preparing the docket and agenda for each regular Council meeting, the Clerk shall only place thereon all matters received for such purpose by 5:00 p.m. of the Wednesday prior to the meeting for which the docket and agenda pertain. The Clerk shall save until the next regular meeting, all matters received after 5:00 p.m. of the prior Wednesday. The docket and agenda for special meetings shall only include those matters designated by the person calling the same. Supplemental dockets will only be prepared upon the approval and instructions of the President of Council.
   (c)   The Clerk shall be responsible for the posting, publishing, advertising and certification of any legislation as required by law.
(Ord. 26-18. Passed 6-18-2018.)
   (d)   The Clerk shall be responsible for the custody, maintenance, distribution and sale, according to instructions of Council, of all copies of the Codified Ordinances, and the sale of copies of the Charter, ordinances, resolutions and other public documents of the City where no provision for sale is otherwise made by ordinance.
(Ord. 39-17. Passed 6-18-2018.)
   (e)   The Clerk shall be responsible for recording Council meetings and for the care and custody of the tapes, which shall be kept for a period of four years.
   (f)   The Clerk may receive funds for services and sales offered by the office of Council and shall account therefor to the Finance Director at least monthly.
   (g)   The Clerk shall provide each member of Council a summary of all matters referred to a committee of Council and/or member of the Administration within a reasonable time following each regular Council meeting and shall post a summary list in the Council chambers prior to the next regular meeting of Council. The summary shall include the subject matter referred, the date of referral, the name and members of the committee and/or member of the Administration to which the matter has been referred, the author of the communication referred and a brief statement of the present status of such matter.
   (h)   The Clerk shall be responsible for assisting newly elected mayors and members of council in fulfilling their training obligations under the Charter and for providing each officer with a certificate of completion, signed by the Clerk as verification of the completion of the training, to be filed with and maintained by the Clerk.
(Ord. 26-18. Passed 6-18-2018.)
121.16 INCLUSION OF VERBATIM TRANSCRIPT IN MINUTES.
   Any Councilman or City official desiring specific remarks to be included verbatim in the minutes must make such request therefor by motion at the meeting in which the remarks were made. A majority vote of Council shall be sufficient to authorize such verbatim transcript.
(Ord. 17-66. Passed 4-18-1966.)
121.17 TERMINATION OF COMMITTEE REFERRALS.
    All referrals to committees which are more than six months old shall be automatically terminated and considered discharged at the end of each biennium or term of Council.
(Ord. 17-66. Passed 4-18-1966.)
121.18 REPORTS OF COMMITTEES.
   The committee to which any ordinance, resolution, petition or other mater has been referred for consideration may report to Council on the status of such referral as often as the committee or its chairman determine is necessary prior to a final report on the referral is ready. This section shall not be construed to limit the ability of Council or its members to move to discharge from committee any referral or to move to reconsider the referral at the next regular Council meeting from such reference. Any status reports shall be given by the chairman of the committee and may be either oral or written.
(Ord. 105-04. Passed 12-20-2004.)