(a) Regular Meetings.
(1) Time. Council shall hold regular meetings on the second and fourth Mondays of each month at 7:00 p.m., except that in December only one regular meeting shall be required, which shall be on the second Monday. (Ord. 2017-2. Passed 1-9-17.)
(2) Summer schedule. During the months of July and August, Council shall be on summer schedule and shall meet at such times as shall be set forth in an ordinance of Council establishing such schedule. (Ord. 2017-2. Passed 1-9-17.)
(3) Place. All regular meetings of Council shall be held in the Council chambers of the City Hall. However, if because of anticipated attendance, public emergency or any other reason the President of Council may determine the Council Chambers to be inadequate, the President of Council may order the meeting of Council to be held in another location, provided 24 hour notice of such relocated meeting is provided to the public. (Ord. 2015-2. Passed 1-12-15.)
(b) Special Meetings. The Mayor or President of Council shall call special meetings of Council whenever, in his or her opinion, the public business may require it, or at the express written request of any three members of Council. Whenever a special meeting is called, a summons or a notice in writing, signed by the Mayor or the President of Council, shall be served upon each member of Council at least forty-eight hours prior to the meeting, either in person or by notice left at his or her place of residence, stating the date and hour of the meeting and the purpose(S) for which such meeting is called, and no business shall be transacted thereat, except as is stated in the notice or summons. In the event of an emergency necessitating immediate councilmanic action, the foregoing procedure for the call of a special meeting may be waived in writing by five members of Council and a special meeting may be held immediately.
(c) Agenda. All matters to be submitted to Council shall be delivered to the Clerk of Council at least seven working days prior to each Council meeting. The Clerk of Council shall arrange a list of such matters according to the order of business and shall furnish each member of Council, the Mayor and the Law Director with a copy of the same prior to the Council meeting and as far in advance of the meeting as time for the preparation permits. Matters of an emergency nature may be added to the agenda by the Mayor or three members of Council during the forty-eight hour period prior to each Council meeting. (Ord. 1986-47. Passed 12-22-86.)
(d) The Presiding Officers.
(1) At the organizational meeting called by the Mayor in January and at each such organizational meeting thereafter, the President of Council shall be elected by Council from its members. The nominations and election of the President shall be by open-ballot, roll-call vote.
(2) At the organizational meeting called by the Mayor in January and at each such organizational meeting thereafter, a President Pro Tem shall be elected by Council from its members. The nomination and election of the President Pro Tem shall be by open-ballot, roll-call vote. The President Pro Tem shall act as President during the absence of the President and shall sign all ordinances and resolutions adopted during each absence. If the office of the Council President Pro Tem becomes vacant, the successor shall be elected by open-ballot, roll-call vote by a majority of the members of Council who are present.
(3) At the organizational meeting called by the Mayor in January and at each such meeting thereafter, a Council representative to the Planning Commission and a Council representative to the Mayfield Union Cemetery Board of Trustees shall be elected by Council from its members. The nomination and election of the Council representative to the Planning Commission and the Council representative to the Mayfield Union Cemetery Board of Trustees shall be by open-ballot, roll-call vote. If the position of Council representative to the Planning Commission or the position of Council Representative to the Mayfield Union Cemetery Board of Trustees becomes vacant, the successor(s) shall be elected by open-ballot, roll-call vote by a majority of the members of Council.
(Ord. 1996-9. Passed 2-26-96.)
(4) It shall be the right, duty and responsibility of the Council President to assign all chairmen and other necessary members to each of the committees referred to in section (l) of this section or any other committee. Said assignments will be made at the first Council meeting following the organizational meeting in January, or as soon as thereafter practicable.
(5) At the first Council meeting following the organizational meeting called by the Mayor in January and at each such meeting thereafter, the president of Council, in his/her discretion, shall assign and/or change any or all seating locations of Council members, officers and directors, in such a fashion so as to ensure productivity, decorum, and the efficient operation of Council at said meetings.
(e) Call to Order. The President, or in his or her absence, the President Pro Tem, shall take the Chair precisely at the hour appointed for the meeting and shall immediately call Council to order. In the absence of the President and the President Pro Tem, the Clerk of Council shall call Council to order, whereupon a temporary Chairperson shall be elected by the members of Council who are present. Upon the arrival of the President or President Pro Tem, the temporary Chairperson shall immediately relinquish the Chair upon the conclusion of the business immediately before Council.
(f) Roll Call. Before proceeding with the business of Council, the Clerk shall call the roll of the members, and the names of those present shall be entered in the minutes.
(g) Quorum. Four of the members elected to Council shall constitute a quorum at any regular or special meeting of Council. In the absence of a quorum, the Presiding Officer shall, at the instance of a majority of the members present, compel the attendance of the members or adjourn the meeting to another day.
(h) Order of Business. All meetings of Council shall be open to the public. Promptly at the hour set by law on the day of each regular meeting, the members of Council, the Mayor, the Clerk of Council and the Director of Law shall take their regular stations in the Council Chambers and the business of Council shall be taken up for consideration and disposition in the following order:
(1) Roll call
(2) Public hearings (if scheduled)
(3) Roll call
(4) Approval of minutes of previous meeting
(5) Communications
(6) Report of officers
(7) Report of committees
(8) Comments from the public for thirty minutes with each person limited to five minutes
(9) Reading of ordinances and resolutions
A. Third readings and emergency ordinances or resolutions
B. Second readings
C. First readings
(10) New business; comments from Council
(11) Adjournment
(i) Reading of Minutes. Unless a reading of the minutes of a Council meeting is requested by a member of Council, such minutes may be approved without reading if the Clerk has previously furnished each member with a synopsis thereof.
(j) Rules of Debate.
(1) Presiding Officer. After January 1, the Presiding Officer may debate and vote. The President, or such other member of Council as may be presiding, may move, second and debate from the Chair, subject only to such limitations of debate as are imposed on all members by these rules, and shall not be deprived of any of the rights and privileges of a member of Council by reason of his or her acting as the Presiding Officer.
(2) Getting the floor. Improper references shall be avoided. Every member desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, shall confine himself or herself to the question under debate, avoiding all personalities and indecorous language.
(3) Interruptions. A member, once recognized, shall not be interrupted when speaking, unless it is to call him or her to order or as herein otherwise provided. If, while speaking, a member is called to order, he or she shall cease speaking until the question of order is determined, and if in order, he or she shall be permitted to proceed.
A member, once recognized, may yield the floor to a fellow member, the Mayor or officers of the City, but no member shall yield the floor to any person who would not otherwise, under these rules, be entitled to address the meeting.
(4) Limitation of debate. No member shall be allowed to speak more than once upon any one subject until every member choosing to speak has spoken, nor more than twice upon the same subject, nor for a time longer than five minutes without leave of Council as expressed by a majority vote of the members present.
(5) Inclusion of remarks in minutes. Any member of Council may request, through the Presiding Officer, the privilege of having an abstract of his or her statement on any subject under consideration by Council entered in the minutes.
(6) Synopsis of debate. The Clerk may be directed by the Presiding Officer, with the consent of Council, to enter in the minutes a synopsis of the discussion on any question coming regularly before Council.
(k) Decorum.
(1) Council members. While Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of Council, nor distract any member while speaking, nor refuse to obey orders of Council or the Presiding Officer, except as otherwise herein provided.
(2) Other persons. Any person making personal, impertinent or slanderous remarks or becoming boisterous while addressing Council shall be forthwith barred by the Presiding Officer from further audience before Council for the balance of the meeting, unless permission to continue is granted by a majority vote of Council.
(l) Committees. There shall be the following standing committees of Council which are hereby established to aid Council in securing information and investigating questions pending before Council and to recommend action by Council:
(1) Committee on Finance and Audit. All ordinances, resolutions and other matters relating to finance, indebtedness, appropriations, the payment of money not provided for by previous legislation, taxation and all matters pertaining to the Department of Finance and the sale or purchase of real estate, shall be referred to the Committee on Finance and Audit. In addition, the Committee on Finance and Audit shall have the responsibility to review the annual unaudited financial statements, review the results of all audits, assure all audit recommendations are addressed, and periodically review the process used to prepare financial reports to the Council.
(2) Committee on Public Safety and Transportation. All ordinances, resolutions and other matters pertaining to police, fire, the enforcement of the Traffic Code, off- street parking, the Greater Cleveland Regional Transit Authority, bus and taxicab operations, and other matters pertaining to public transportation, shall be referred to the Committee on Public Safety and Transportation.
(3) Committee on Recreation and Parks. All ordinances, resolutions and other matters pertaining to public parks, public recreation, playgrounds, public pools, and the use of City property and land for recreational purposes, shall be referred to the Committee on Recreation and Parks.
(4) Committee on Public Works and Service. All ordinances, resolutions and other matters pertaining to sewer maintenance and improvement, street maintenance and improvement, waste collection and disposal, and taxes and assessments pertaining to street, sidewalk and sewer maintenance and improvement, shall be referred to the Committee on Public Works and Service. All ordinances, resolutions and other matters pertaining to public utilities, natural gas, electricity, water, telephone and telegraph shall also be referred to this Committee.
(5) Building Committee. All ordinances, resolutions and other matters pertaining to the enforcement of the Building and Housing Code and its changes and augmentation, and to the inspection of private, commercial and public buildings, shall be referred to the Building Committee.
(6) Legislative Committee. All ordinances, resolutions and other matters that may come before the City that require legislative consideration, and that do not fall within the usual scope of the preceding standing committees, shall be referred to the Legislative Committee. Such matters shall be referred to the Committee by the Council President.
(Ord. 1986-47. Passed 12-22-86; Ord. 2006-20. Passed 6-26-06.)
(7) Committee of the Whole. Upon motion, Council may resolve itself into a Committee of the Whole at any meeting for the purpose of hearing from a person who is not a member of Council or for the purpose of considering business generally. The rules of Council, insofar as practical, shall be observed in the Committee of the Whole, except that no limit shall be placed in the frequency of speaking and ayes and nays shall not be taken.
(Ord. 1991-31. Passed 6-28-91.)
(8) Joint Committee. When it is desired that legislation be considered by two or more committees jointly, upon a reference by the President of Council to that effect or upon such a motion by any Council member, which motion is adopted by a majority vote of Council, a joint committee composed of members of such standing committees shall operate as a single committee.
A committee meeting may be called or scheduled by the chairman of that particular committee or by the Council President. Should any other Council member, city officer or city official believe that a committee meeting (or a referral of a matter to a committee), is necessary, the matter or issue shall be brought to the attention of the Council President, who may then use his/her discretion to determine whether to refer the matter to committee or to schedule a committee meeting to address the issue.
All committee meetings shall be open and a record of attendance of the members of the committee and action taken by that committee shall be kept in a record provided for that purpose, and such record shall be kept on file with the Clerk of Council and open to public inspection as are other public records. The committee chair, in his or her sole discretion, shall determine whether to permit members of the public to speak at any committee meeting. The committee chair's decision (with regard to whether to allow public comment) is final.
The Council President may, at any time, expand the size of any standing committee. However, at no time shall a standing committee consist of fewer than two members.
(m) Ordinances, Resolutions, Motions and Contracts.
(1) Preparation of ordinances and resolutions. All ordinances and resolutions shall be prepared or approved by the Director of Law, except as herein otherwise provided. No legislation shall be prepared for presentation to Council unless ordered by a majority vote of Council, by the unanimous request of a Council committee, by the request in writing of the Mayor or a member of Council, or unless prepared by the Director of Law on his or her own initiative. The Finance Director, however, may prepare and present, through the Mayor, legislation of a strictly financial nature, such as abatement resolutions and budget and other appropriation ordinances.
(2) Introducing for passage or approval.
A. Ordinances, resolutions and other matters or subjects requiring action by Council must be introduced and sponsored by members of Council, except that the Mayor may introduce ordinances, resolutions and other matters or subjects for adoption. Such legislation shall bear the name of the sponsoring member; otherwise, it shall not be considered.
B. No ordinance or resolution, except appropriation ordinances, shall relate to more than one subject, which shall be clearly expressed in its title, and no ordinance or resolution, or section thereof, shall be amended or repealed, unless the new ordinance or resolution contains the title of the ordinance or resolution repealed and is introduced as an amendment to an existing ordinance or resolution or section thereof.
C. No ordinance or resolution shall be passed until it has been read on three separate days, the first and second reading of which may be by caption only, and if such measure is printed and a copy thereof provided to each member the third reading may be by caption only. Once legislation is read aloud by caption by the Director of Law or other individual at a meeting, a motion to suspend these rules and place on third reading for passage is proper; if no such motion is made, the legislation shall be considered without further action or vote to be on first reading. The rule requiring every ordinance or resolution to be read on three separate days may be suspended by a vote of five members elected or appointed to the legislative authority. Discussion may be conducted on any reading.
(n) Filing of Reports and Resolutions. Reports of committee meetings shall be filed with the Clerk of Council and entered on the minutes.
(o) Change of Procedure. The procedure of any meeting as set forth in this section may be changed by a majority vote of the members of Council present at such meeting.
(p) Robert's Rules of Order. In the absence of any rule upon any matter of procedure, Council shall be governed by Robert's Rules of Order.
(q) Conflicts with Charter. If there is any conflict between any provision herein and any provision of the City Charter, the Charter provision shall prevail.
(Adopting Ordinance)
(r) Voting. At any meeting at which a quorum is present any ordinance or resolution may be passed or adopted or other action taken by the affirmative vote of four members of Council, unless a larger number be required by the provisions of the Charter or these codified ordinances or by the laws of Ohio. Every member present, when a question is put, shall vote on the same by “Yes” or “No”, unless the Council member perceives a possible conflict of interest, at which time it is permissible to abstain from voting by responding “abstain for conflict” upon the call. The Council member may provide a brief explanation for the minutes. The requirement to abstain for conflict extends to a vote on a motion to suspend the rules and place legislation on third reading. No Council member can be compelled to vote, but a Council member who has attended or participated in any discussion or debate upon a matter will be expected to vote. An abstention does not count as either a yes or no vote.
(s) Enforcement of Decorum. The Chief of Police, or such member or members of the Police Department as the Chief may designate, shall be Sergeant-at-Arms of the Council meeting. The Chief, or his or her designate, shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting.
(t) Persons Authorized to be in Front. No persons except City officials, their accredited representatives and members of the press shall be permitted in front of the first row of seats in the Council Chamber without the express consent of Council.
(u) Tabled Legislation. Any tabled legislation not removed from the table and voted on prior to the next organizational meeting of Council in January shall fall off the agenda without further action by Council, and must be reintroduced after that time to be considered
(Ord. 1994-23. Passed 6-27-94; Ord. 2007-32. Passed 7-23-07; Ord. 2018-1. Passed 1-8-18; Ord. 2018-29. Passed 2-25-19; Ord. 2019-6. Passed 2-25-19; Ord. 2020-28. Passed 10-12-20; Ord. 2021-01. Passed 1-11-21; Ord. 2021-02. Passed 1-11-21; Ord. 2021-30. Passed 9-13-21.)