(a) Meetings.
(1) Generally. Regular meetings of Council shall be held on the first and third Wednesday of each month at 7:00 p.m., unless otherwise ordered by motion, resolution or ordinance or as otherwise mandated in the Charter. Whenever the regularly scheduled Council meeting date falls on a legal holiday, then such meeting shall be held on the day following the legal holiday. The Council Caucus, meeting shall begin at 6:30 p.m., at the venue where the meeting is being held. Meetings shall be held at Council Chambers in City Hall, the Maple Heights Senior Center, or such other venue as determined by the Council Preident with propert notice given by the Clerk.
All meetings of Council shall be public. However, Council may go into executive session from a regular or special Council meeting, as outlined in R.C. § 121.22, to consider the following:
A. Personnel matters;
B. Purchase or sale of property;
C. Negotiations or bargaining sessions with public employees concerning compensation; or
D. Any reason authorized by law as the same exists now or in the future.
(Ord. 2000-141. Passed 12-6-00.)
(2) Special meetings. Any meeting other than a regular meeting is considered a special meeting by the Open Meetings Act, and requires 24 hours notice to the public and the media to determine the time, place and purpose of the meeting. If the public body wants to adjourn into executive session during a special meeting, the topic of the executive session should directly relate to some matter expressly included in the meeting notice. Special Council meetings may be called by the Mayor, the President of Council or any three members of Council. There shall be given at least 24 hours notice in writing of such special meeting, served personally on each member of Council as set forth in section (d)(10); or left at his or her usual place of residence; or sent by electronic transmission to each Council member at his or her Council email address. Such notice shall state the subjects to be considered at the meeting and no other matter shall be considered. City officials requested to attend a special Council meeting shall also be notified in the manner provided for herein.
(3) Committee of the Whole meetings of Council. Committee of the Whole meetings may be held on the Monday before the first regular Council meeting of the month where special projects, presentations, issues and information relating to the entire Council or other City business may be discussed with a majority of the members elected to Council, department heads or other persons as requested by Council. Committee of the Whole meetings may be rescheduled or additional meetings called by the President of Council or by any three members of Council.
(4) Summer schedules. During June, July and August, Council shall meet establishing the summer schedule.
(5) Quorum. A majority of all members elected to Council (4) 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.
(6) Order of business. The business of all regularly scheduled meetings of Council shall be transacted in the following manner, unless, with no objections of Council, the Presiding Officer wishes to dispense with the regular order of business:
A. Meeting called to order;
B. Invocation;
C. Roll call;
D. Consideration of an addendum to the agenda;
E. Approval of minutes;
F. Communications;
G. Council committee reports;
H. Departmental reports;
I. Citizens' comments with a four-minute limit;
J. Legislation;
K. Mayor's report, including any special presentation by the Mayor;
L. Council reports or new business;
M. Council President's report; and
N. Adjournment.
(7) Use of Electronic Devices. Use of electronic devices during Council meetings is prohibited unless it is for the viewing of agendas, ordinances, resolutions and other documents related to the Council meeting. Communicating with Council members via electronic devices during a meeting is strictly prohibited.
(b) Officers and Employees.
(1) Presiding Officer. The Council President shall be the Presiding Officer at all regular and special meetings of Council. However, the Council President shall have no vote except in case of a tie and shall perform such duties as Presiding Officer as may be imposed upon him or her by the Council. The Council President shall call regularly scheduled meetings of Council to order at the appointed hour and shall preserve order and decorum and confine members of Council in debate to the question under discussion. In the absence of the Council President, the Council Pro Tempore shall preside over the meeting. The Council President approves the agenda for each regular council and Committee of the Whole meeting. Only business listed on the agenda will be discussed at the meetings. The Council President shall annually submit a budget for Council expenditures for consideration by the Finance Director. The Council President shall approve all Council expenditures, including Committee expenditures which shall be submitted to the Council President by the Committee Chairperson.
(2) Council Pro Tempore. At the first regular meeting in January following a regular Municipal election, or as soon thereafter as may be possible, Council shall elect one of its members as the Council Pro Tempore.
A. If the President of Council is absent from a meeting, or is out of town, the President Pro Tempore shall perform all of the duties, with all the powers of the President of Council during his or her absence, but shall retain the right to vote on all matters, as a district Councilperson. If the Office of President of Council becomes vacant, the President Pro-tem shall assume the office of President of Council for the remainder of the term, perform the duties thereof, and shall be relieved of the rights and duties as a district Councilperson, including the right to vote on all matters except where noted by law.
B. In the event of the absence of the President of Council and the Council Pro Tempore, the members of Council shall elect a member to serve as the Presiding Officer of the meeting, with all powers of the office and with the right to vote. The appointed Council member shall serve as the Council Pro Tempore for the full two years of the Council term.
(Res. 1987-10. Passed 10-21-87; Ord. 1989-119. Passed 9-20-89; Ord. 1992-146. Passed 12-2-92.)
(3) Clerk of Council.
A. The Clerk of Council shall file and index all ordinances and resolutions of Council and shall perform such other duties as may be required by Council, not inconsistent with his or her responsibilities under law. He or she shall keep a record of roll calls in regard to all Council legislation and shall make sure records are available to the public during regular business hours at City Hall. In addition, the Clerk of Council shall perform such other duties as may be prescribed by the City Charter.
B. In the absence of the Clerk of Council, the Council President, will designate his or her replacement. If the President of Council is unable to select a substitute, the majority of Council will select a temporary replacement for him or her.
C. The Clerk of Council shall advise all members of Council, in writing, of the following, and shall place in each Council member's City Hall mail box, within one business day, a copy of the same:
1. Any veto of a Council enactment by the Mayor;
2. Any resignation or removal of a Council member or a board or commission member who is appointed by Council;
3. Any or all correspondence or documents directed expressly to Council; and
4. Any legislation not signed by the Mayor.
D. The Council President or his or her designee shall supervise the Clerk of Council. The Clerk of Council shall perform secretarial work involving performance of a number of varied tasks which shall include:
1. Attend all meetings of Council, the Planning and Zoning Commission and the Charter Review Commission to take and transcribe minutes;
2. Prepare agendas, addendums and public hearing notices for the Council meetings and the Planning and Zoning Commission meetings;
3. Prepare legislation for Council and packets for delivery to Council members and Planning and Zoning Commission members;
4. Perform City-related tasks as prescribed by members of Council;
5. Perform tasks for other City departments with the approval of the Council President;
(Ord. 1988-135. Passed 9-7-88.)
6. Prepare Council's committee assignment sheet, as well as assisting in the planning and preparation for Council meetings;
7. Respond to requests of Council committee chairpersons regarding the gathering of information for committee assignments;
8. Respond to requests of Council members regarding pending legislation; and
9. Respond to City-related miscellaneous requests by members of Council on matters not related to pending legislation.
(4) Sergeant of Arms. The Chief of Police, or his or her designee, shall be the Sergeant at Arms for Council and armed at all regularly scheduled meetings and at those special meetings or committee meetings where requested, for the protection and safety of all present. He or she shall keep order as requested by the Council President or meeting chairperson and shall eject any member of the audience who is determined by the Council President or meeting chairperson to be disruptive.
(c) Duties and Privileges of Council.
(1) Roll call of Council. Every member of Council shall be in his or her seat at the time of roll call, and the names of present members shall be recorded in the minutes. If a member of Council arrives late, such member shall be recorded as present when he or she takes his or her seat and the time will be recorded in the minutes.
(2) Meeting absences. If a Council member is going to be absent from a meeting, a communication is required to the Council President, or in his or her absence, to the Pro-Tempore and Clerk of Council in order to be given an excused absence. If the Council President is going to be absent from a meeting a communication is required to the Pro-Tempore and the Council Clerk in order to be given an excused absence. Reasons for an excused absence must be given to the Council President and include, but are not limited to, illness of the Council member or their immediate family, a death in the family, work related issues, schooling, and personal emergencies. For an unexcused absence to a required meeting, the Council member will be required to pay a penalty of two hundred dollars ($200.00) for each missed meeting. Payment of the penalty shall be withheld from the Council member's regular salary. Meetings that are required of every member of Council, unless the absence is excused according to division (c)(2), are twice monthly regular meetings, special meetings, Committee of the Whole meetings, and other committee meetings as called, to which a Council person is a member.
(3) Voting. Each member present shall vote on all questions upon the call of the roll with yea, nay, abstention or present. A "present" vote indicates no vote at all; this only serves as notice that the Council member is in attendance. On the passage of every ordinance or resolution, the vote shall be taken and entered in the Council minutes. Upon the call of the roll, the Clerk of Council shall call the names of members by Council districts, with the member who had the invocation being called first.
(Res. 1987-10. Passed 10-21-87.)
(4) Abstentions. Any member of Council who abstains because of personal conflict or any other reason shall have his or her abstention vote so noted in the minutes. An abstention vote cannot be used to break a tie, to decide an issue or to cause a sufficient majority for suspension of rules or for passing an emergency measure.
(Ord. 1996-75. Passed 7-10-96.)
(5) Rights of appeal. Any member may appeal to Council from a ruling of the Presiding Officer. The member may briefly state his or her reason for the appeal, and the Presiding Officer may explain his or her ruling. All members of Council can debate the appeal and the ruling. The Presiding Officer shall then put the question: "Shall the decision of the Chair be sustained?" Unless a majority of the members vote nay, the ruling of the Chair is sustained.
(6) Council reports. Each member present at the regular meeting of Council may give a report, including making a special presentation, with the member who gave the invocation reporting or presenting first, after being recognized by the presiding officer.
(7) Motions. Any member of Council may make a motion during a meeting, but only after being recognized by the presiding officer. Motions shall be passed or denied by the majority of the Council members present at the meeting.
(8) Newly elected members. Newly elected members of Council shall be required to attend an orientation presented by the Clerk of Council within the first 30 days of holding office, and the State required Public Records seminar when offered during their term. It will be optional for Council members in their second or succeeding term(s) to attend the orientation or the records seminar.
(9) Comments from City residents. Comments from City of Maple Heights (hereinafter referred to as "City") residents, owners of property within the City; and authorized representatives of governmental offices, non-profit organizations, and businesses located and operating within the City. Comments from City residents, owners of property within the City; and authorized representatives of governmental offices, non-profit organizations, and businesses located and operating within the City (hereinafter referred to as "a Person"), will be entertained at regular Council meetings only, and shall be limited to four minutes per person during comments on the agenda and comments of a general nature and no person shall be allowed to speak more than once. A Person wishing to provide comment shall, prior to the start of the regular Council meeting, register by completing a sign in sheet providing their 1) name, 2) property address within the City and residence address if different, 3) the name of the governmental office, non-profit organization, or business, they represent, and 4) the subject upon which they intend to give comment. All registration information is a public record. The Clerk of Council shall call Persons to give their comment in the order in which they registered on the sign in sheet. When called, the Person shall come forward and give their comment. The total amount of time during the meeting to provide comments shall be limited to 45 minutes. Under special circumstances, this rule can be extended or modified by a majority of Council present. No profanity or comments of a personal or inflammatory nature will be tolerated under any circumstances.
(d) Legislation.
(1) Introduction. Ordinances and resolutions shall be introduced to Council only in printed form, and shall not contain more than one subject which shall be clearly stated in the title with the name of the member of Council, or the Mayor, introducing the same endorsed thereon; but general appropriation ordinances may contain the various subjects and accounts for which moneys are appropriated. The names of any co-sponsors shall be listed by district on the line below the introducers. Ordinances submitted by initiative shall be endorsed thereon "Submitted by Initiative Petition."
(2) Preparation. Council may prepare its own legislation, or may instruct the Clerk to do so. All legislation must be delivered or be available to the Clerk of Council at least seven calendar days before a regularly scheduled Council or special meeting by 5:00 p.m. and must be approved as to form by the Director of Law. Department directors may request legislation from the Clerk of Council after obtaining an introducer by the Mayor, the Council President, or a member of Council under the same schedule. Any legislation not on the regular Council agenda must be submitted for the addendum on the Monday prior to a Council meeting by 12:00 noon. If a member of Council objects to any proposed legislation on the addendum, it shall require a majority vote of those in attendance to consider that legislation.
(3) Amending legislation. Legislation may only be amended by the introducer at any regular or special meeting of Council, in writing, and/or announced before the third and final reading of the legislation. In addition, legislation may be amended on the floor at a regular meeting, by an affirmative vote of a motion of the members of Council present at the meeting, made by any member of Council, after the title of the legislation has been read, and before the suspension of the rules.
(4) Passage. The affirmative vote of a majority of the Council members elected shall be necessary to adopt any ordinance or resolution except that a three-quarters vote of the members of Council shall be necessary to sell, buy, trade or exchange recreational, service, transit or safety lands and all other present and future public lands, and on the passage thereof a vote shall be taken by yeas and nays and entered upon the journal. No ordinance or resolution shall be passed until it has been read on three separate days. The affirmative majority vote of a majority of Council members elected (4) shall be required for passage or adoption of legislation on the third reading. No councilperson shall be permitted to change his/her vote as recorded after the Roll Call has been verified and the results declared.
The Council may, by a two-thirds vote of the Council members elected thereto, suspend the three reading rule and pass ordinances or resolutions on emergency to take effect at the time indicated therein. Any ordinance or resolution necessary for the immediate preservation of the public peace, property, health or safety, or providing for the usual daily operation of a Municipal department, in which the emergency is set forth and defined in a preamble thereto, may be an emergency. Emergency legislation shall require a two-thirds majority vote for adoption.
A non-emergency ordinance or resolution becomes effective 30 days after passage by Council. If passed as an emergency, the ordinance or resolution becomes effective immediately upon passage and signature by the Mayor.
Ordinances appropriating money may be passed as emergency ordinances or resolutions, but no ordinance or resolution making a grant, renewal, extension or amendment of a franchise or other special privilege, or regulating the rate to be charged for its service by any public utility, shall ever be so passed.
(5) Approval By Mayor.
Any ordinance or resolution passed by Council shall be signed by the President of Council or, other Presiding Officer, and, within 24 hours after passage, shall be presented to the Mayor by the Clerk of Council.
If the Mayor approves such ordinance or resolution, the Mayor shall sign it within ten days after its passage or adoption by Council. If the Mayor does not approve it, the Mayor shall return it to the Clerk of Council with written objections within said ten days. The Clerk shall then present the objections to the Council immediately if it is in session, but not later than the next regular session thereof, and shall cause such objections to be entered on the journal of the Council.
If the Mayor fails to sign the ordinance or resolution, or fails to sign the ordinance or resolution and present the objections strictly as herein provided, the ordinance or resolution shall take effect as though signed. The Mayor shall notify Council by its next regular meeting of ordinances or resolutions that pass without the Mayor's signature.
If the Mayor presents written objections as herein provided, the Council shall at its first regular meeting after receiving said objections, reconsider said ordinance or resolution. If such ordinance or resolution is then approved by a vote of two-thirds of all Council members elected thereto, it shall take effect as though signed by the Mayor.
In a similar manner, and within a like time, the Mayor may object to any item in any ordinance or resolution appropriating money. But to immediately validate and approve the remaining appropriation items not objected to by the Mayor, the Mayor must sign such ordinance or resolution appropriating money. With regard to each appropriation item objected to by the Mayor, the Clerk and Council must take similar action as heretofore required to be taken in reference to ordinances and resolutions objected to by the Mayor.
(6) Reference to committee. Any ordinance, resolution or pending matter of general interest may be referred to the appropriate Council committee by the sponsor of the legislation and the Presiding Officer.
(7) Reference to more than one committee. Whenever any pending matter is referred to more than one committee for consideration, such committees may consider the same in joint session as a joint committee, if the chairpersons of such committees concerned consent thereto. The chairperson of the joint committee shall be named by the Presiding Officer and each member of the joint committee present shall have one vote, even if one member is a member of both committees. A quorum of a joint committee shall be a majority of the joint committee membership.
(8) Time limit. Any legislation introduced which is not passed or defeated within two years of the date that it was first introduced shall be automatically removed from consideration, unless a separate motion of Council passed by a majority vote extends the time period for consideration to a date certain.
(9) Motions. Motions shall be used only to expedite the orderly transaction of the business of Council and shall not be substituted for ordinances or resolutions. A second shall be required for any motion. Any motion may be withdrawn 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 shall be debatable except a motion for the previous question (to close a debate) and a motion to adjourn.
(10) Delivery of meeting notices. All notices mandated by the Charter or the Council to be served upon its members shall be served personally on each member of Council; or left at his or her usual place of residence; or sent by electronic transmission to each Council member at his or her Council email address. Personal service shall be made by a designated member of the Administration to the residences of all Council Members within the time frame indicated by the Charter. The Mayor is directed to designate the member of the administration to cause such deliveries, and such person or persons or department shall be available for such delivery of notices on a 24 hour a day basis, seven days a week. The Clerk of Council shall keep the addresses and names of Council Members updated and in the possession of such person, persons, or departments designated by the Mayor. Notice of regular Council meetings and Council Committee meetings shall state the subjects to be considered at the meeting and no other matter shall be considered. City officials requested to attend a meeting of Council shall also be notified in the manner provided for herein.
(e) Council Committees.
(1) Composition; appointment. Council standing committees shall consist of at least three Council members, one of whom shall be the chairperson. The chairperson shall approve the meeting agenda. Only business listed on the agenda will be discussed at the meeting. Standing committee chairpersons and members of a committee shall be appointed by the Council President with the advice of the Council Pro Tempore, as soon as convenient, after the Municipal election and organization of Council, but not later than the first meeting in February following the election. Council members may submit to the Council President their reasons for wanting to be on a committee and whether they want to be the chairperson. Each Council member must serve on at least one committee. If a Council member declines to serve on a committee or is not excused from a meeting, the Council member will be required to pay a penalty of two hundred dollars ($200.00) for each meeting missed. Payment of the penalty shall be withheld from the Council member's salary. The Council President and Council President Pro Tempore ex officio shall be appointed as members of all standing committees (but are not required to attend all committee meetings) with the right to vote in the event a quorum is needed to conduct City business.
(2) Terms of members. Members of Council appointed to any standing committee shall continue as members thereof for two years following their appointment after each Municipal election, except that the Council President, with the advice of the Council Pro Tempore, may remove any committee member for the failure to attend committee meetings without just cause or excuse. However, such removal order may be overruled by a majority vote of Council, not later than Council's next regular scheduled meeting. In case of a resignation of any member of Council, the Council President, with the advice of the Council Pro Tempore, may change the membership of any committee.
(3) Standing committees. The following standing committees are hereby established. However, the President of Council may form new or ad hoc committees if the need arises.
A. Community Life and Education. Recreation programs for youth and adults, health issues, family programs, City events, volunteer recruitment and recognitions, communication issues, public relations, school district issues, education programs for residents, City officials and employees, and all other related matters.
B. City Development and Housing. Neighborhood revitalization, preservation and enhancement of City housing, acquisition of new businesses and/or land, Broadway redevelopment, parks and gardens, and railroad and intermodal issues and all other related matters.
C. Finance. All financial matters of the City, and other related matters.
D. Public Works and Safety. Streets and street maintenance, infrastructure, sewers, storm water and flooding issues, sidewalks, garbage and waste issues. All safety issues, including block watch groups, street lighting, traffic signals and timing, signage, core services, police and fire safety programs, and all other related matters.
(Res. 1987-10. Passed 10-21-87; Res. 2003-035. Passed 5-7-03.)
(4) Committee meetings. A majority of the number of members appointed to a committee shall constitute a quorum for the transaction of business. Each committee shall hold its meetings at the time and place designated by the committee chairperson on City property and announced at a regularly scheduled Council meeting. Committee meetings shall be scheduled on weekdays no earlier than 6:00 p.m. in order to accommodate interested residents. If it becomes necessary to schedule a committee meeting that has not been announced at a regular Council meeting, members of Council shall be notified within 24 hours as set forth in division (d)(10) of this section. If a chairperson of a committee finds it necessary to change the time and place of a scheduled committee meeting, or to call another meeting, he or she shall notify all Council members, by electronic transmission or by telephone, at least 24 hours before such meeting, of the new fixed time and place. All aspects of the Sunshine Law shall be in effect.
Whenever a committee chairperson schedules a committee meeting, he or she shall list on the notice what topics will be discussed and only those items shall be discussed.
All committee meetings shall be open, with exceptions only in compliance with the requirements of the Sunshine Law, and a record of attendance of members shall be kept. Minutes of the committee meeting shall be reported to the entire Council at its next regularly scheduled Council meeting. If the chairperson of a committee is unable to give his or her committee report, he or she shall designate a member of his or her committee to present the committee's report.
Absence of a member of a committee from three consecutive meetings, unless authorized by the committee chairperson, may, upon the recommendation of such committee, cause the removal of such member from such committee by the President of Council with the advice of the Council Pro Tempore.
It shall be the duty of the chairperson of a committee:
A. To contact his or her other committee members as to their availability to attend the meeting before the meeting notice is sent.
B. To submit to the Clerk of Council the date, time, place, and purpose of the meeting so that the Clerk may send notice according to division (d)(10) of this section.
C. To inform the Mayor, any other administrative official, or any other representative, of any business which relates to such official, representative or department.
D. To immediately notify the Clerk of Council upon cancellation of the meeting.
E. To take written minutes of the committee meeting on a form prescribed by the Clerk and to submit such minutes to the Clerk within 14 days after the meeting for permanent record.
No ordinance, resolution, petition or other matter referred to a committee for action shall be approved or disapproved and reported out of committee until it has first been considered at a committee meeting regularly called as provided herein. No committee shall consider or hold a hearing on any proposed legislation until it has been introduced in Council and referred to the committee. The question of the recommendation of approval or disapproval, or approval when amended, shall be presented to Council by the chairperson at a regular meeting of Council. The minority committee member may present a minority report, which shall be presented in writing to the chairperson of the committee, who shall report it to Council as written. The minority report has to be signed by the committee member who drafted the report. All members of a committee have a vote, except that the Council President, as the Chairperson of the Committee of the Whole, shall vote only to determine if an issue should be presented and voted upon by the entire Council. The Council President and Council President Pro Tempore ex officio, both who are appointed as members of all standing committees according to division (e)(1) of this section, also shall have the right to vote in the event a quorum is needed to conduct City business.
Council may; at any regularly scheduled meeting of Council, remove any item from any committee by a majority vote.
(f) Amendment of Rules. These rules may only be amended by a vote of two-thirds (2/3) of the members of the Council. In the absence of any other rule, Council shall be governed by the latest revision of Robert's Rules of Order.
(g) Additional Information. Any additional information that requires a vote of approval by Council at its regularly scheduled meeting, in order to be considered for the meeting, must be submitted to the Clerk of Council seven calendar days before a regularly scheduled Council meeting by 5:00 p.m. Any information that requires a vote of approval by Council, not on the regular Council agenda must be submitted for the addendum on the Monday prior to a Council meeting by 12:00 noon. If a member of Council objects to any information on the addendum, it shall require a majority vote of those in attendance to consider that information.
(Res. 1987-10. Passed 10-21-87; Ord. 1992-15. Passed 2-5-92; Ord. 2001-101. Passed 2-6-02; Ord. 2002-014. Passed 3-6-02; Ord. 2004-035. Passed 4-7-04; Ord. 2004-055. Passed 5-11-04; Ord. 2004-075. Passed 6-16-04; Ord. 2004-076. Passed 6-16-04; Ord. 2005-105. Passed 8-3-05; Ord. 2005-116. Passed 9-7-05; Ord. 2006-31. Passed 3-15-06; Ord. 2006-53. Passed 5-17-06; Ord. 2009-03. Passed 1-21-09; Ord. 2010-12. Passed 1-20-10; Ord. 2010-73. Passed 8-18-10; Ord. 2012-13. Passed 2-15-12; Ord. 2013-04. Passed 2-20-13; Ord. 2016-48. Passed 6-7-17; Ord. 2016-79. Passed 9-21-16; Ord. 2017-80. Passed 9-6-17; Ord. 2022-56. Passed 8-3-22; Ord. 2023-92. Passed 11-15-23.)