CHAPTER 121
Council
Council
121.01 Meetings.
121.02 Minutes.
121.03 Ordinances, resolutions, motions and contracts.
121.04 Rules of debate.
121.05 Voting.
121.06 Committees.
121.07 Rules of order.
121.08 Adjournment.
121.09 Compelling attendance of witnesses.
121.10 Control of municipal motor vehicles.
121.11 Disputes between Council President and Mayor; resolution procedure.
121.12 Authorizing police and fire response outside Mayfield Village.
121.13 Public meetings and Mayor’s authority during emergency.
CROSS REFERENCES
Composition and term - see CHTR. Art. III §1
Election - see CHTR. Art. III §3
Qualifications - see CHTR. Art. III §4
Clerk - see CHTR. Art. III §6
Salaries, bonds and compensation - see CHTR. Art. III §7
Quorum; journal; special meetings - see CHTR. Art. III §8
Vacancies - see CHTR. Art. III §9
Powers and duties - see CHTR. Art. III §10
President and President pro tem - see CHTR. Art. III §15
Employees - see CHTR. Art. III §16
Removal - see CHTR. Art. III §17
Ordinances, resolutions, contracts - see ADM. Ch. 123
Bond of President - see ADM. 153.01
Conflict of interest - see GEN. OFF. 525.15
121.01 MEETINGS.
(a) Regular Meetings.
(1) Time. Council shall hold regular meetings on the third Monday of each month at 7:00 p.m., unless otherwise ordered by Council. However, when the day fixed for any regular meeting of Council falls upon a day designated by law as a legal holiday, such meeting may be held at another time when designated by Council.
(2) Place. All meetings of Council shall be held in the Council Chambers of the Civic Center located at 6622 Wilson Mills Road, Mayfield Village, Ohio.
(b) Special Meetings. The Clerk of Council may call special meetings of Council whenever the public business may require it at the expressed request of the Mayor, President of Council or any three members of Council. Whenever a special meeting is called, a summons or a notice in writing, signed by the Clerk of Council, shall be served upon each member of Council, the Mayor, Law Director and Chief of Police, in person or by notice left at his usual place of residence, at least twelve hours in advance of the time of such meeting. Such notice shall state the date and hour of the meeting and the purpose for which such meeting is called.
(c) Decorum.
(1) By 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 and dignity of Council, nor disturb any member while speaking or refuse to obey the orders of the Presiding Officer or Council, except as otherwise herein provided.
(2) By other persons. Any person, while addressing Council, who makes personal, impertinent or slanderous remarks, or who becomes boisterous, shall be ordered ejected from the Council Chamber forthwith by the Presiding Officer and barred from further audience before that Council meeting unless permission to continue be granted by a majority vote of Council present.
(d) Enforcement of Decorum.
(1) The Chief of Police, or such member or members of the Police Department as he may designate, shall be Sergeant-At-Arms of all Council meetings. He or they shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the meeting. Upon instructions of the Presiding Officer, it shall be the duty of the Sergeant-At-Arms, to place any person who violates the order and decorum of the meeting under arrest and cause him to be prosecuted for disturbing the peace, the complaint to be signed by the Presiding Officer.
(2) If the offending person is the Presiding Officer or a Councilman, he shall not be removed from the meeting or charged as provided in subsection (d)(1) hereof unless a majority of the other Councilmen present concur that such Councilman shall be prosecuted as provided for in subsection (d)(1) hereof.
(e) Addressing Council. Persons desiring to address Council may do so in the following manner:
(1) Written communications. Interested parties or their authorized representatives may address Council by written communications on any matter of Village business by addressing such communications to the President of Council. Such written communications shall be read by the Clerk of Council as directed by Council.
(2) Oral communications. Any person or his authorized representatives may address Council on any matter of Village business at the proper time provided in the agenda by rising and securing permission of the Presiding Officer. Such person shall state in an audible tone of voice for the record his name and address and the name and address of the person or group he may represent, if other than himself, and unless further time is granted by the Presiding Officer or Council shall limit his address to five minutes. All remarks shall be addressed to Council as a body and not to any particular member thereof. No person other than the Councilmen and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of Council, without the permission of the Presiding Officer. No question shall be asked a Councilman except through the Presiding Officer.
(f) Agenda. All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to Council shall be delivered to the President at least ninety-six hours prior to each Council meeting whereupon the President shall immediately arrange a list of such matters according to the order of business and furnish each member of Council, the Mayor, Law Director and the Clerk with a copy of the agenda and matters to be acted upon seventy-two hours prior to the Council meeting. Other matters may be added to the agenda with the approval of the majority of Council present.
(g) The Presiding Officer; Duties. The Presiding Officer of Council shall be the President of Council, and in his absence or inability, the President Pro-Tem of Council.
The Presiding Officer shall preserve strict order and decorum at all regular and special meetings of Council. He shall state every question coming before Council, announce the decision of Council on all subjects and decide all questions of order.
(h) Attendance at Council Meetings. In addition to the Mayor and Council, the following officers or their authorized representatives shall attend all regular Council meetings, unless excused by the President of Council, and such special Council meetings, committee, board and commission meetings as the Presiding Officer of the committee, board or commission shall request.
(1) The Clerk of Council.
(2) The Law Director.
(3) The Engineer.
(4) Officials of Departments.
(i) Excused During Meeting. No member shall leave the Council while it is in session without the permission granted by the majority vote of Council and any member leaving without first obtaining such permission shall be deemed guilty of contempt of the Council.
(j) 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 meeting, the Mayor, the members of Council, the Clerk and the Law Director shall take their regular stations at the Council table and the business of Council shall be taken up for consideration and disposition in the following order:
(1) Meeting called to order;
(2) Pledge of allegiance to Flag;
(3) Roll call;
(4) Citizens comments open to those in attendance or by letter addressed to the President of Council;
(5) Consideration of minutes of previous meetings not yet approved;
(6) Reports and communications from the Mayor;
(7) Reports and communications from the Presiding Officer;
(8) Reports of standing committees;
(9) Reports of special committees;
(10) Old business;
(11) New business;
(12) Reports from other Village officials and Council members;
(13) Adjournment.
(k) Call to Order. The Presiding Officer shall take the chair at the hour appointed for the meeting and shall call the Council to order. In the absence of the President and President Pro-Tem of Council, the Clerk shall call the Council to order, whereupon the Council shall elect one of their members as Temporary Chairman by a majority vote of those present. Upon the arrival of the President or President Pro-Tem of Council the Temporary Chairman shall immediately relinquish the chair upon the conclusion of the matter of business immediately before the Council.
(l) Roll Call. Before proceeding with the business of Council, the Clerk shall alphabetically call the roll of the members of Council, the Mayor, Clerk, Law Director and those hereinafter required to be present, and the names of those present shall be entered in the minutes. The arrival time of those arriving late shall be recorded at the appropriate place in the minutes.
(m) Quorum. A majority of all members of the Council shall constitute a quorum, and the vote of the majority present and constituting a quorum shall be sufficient to transact business in the absence of other members, except in those cases where a different number is or may be required by laws of the State of Ohio, Charter of the Village of Mayfield Village, or by rules of the Council.
(Ord. 75-32. Passed 12-23-75.)
121.02 MINUTES.
(a) Remarks of Councilmen; When Entered in Minutes. A Councilman may request, through the Presiding Officer, the privilege of having an abstract of his statement on any subject under consideration by Council entered in the minutes. If the majority of Council consents thereto, such statement shall be entered in the minutes, provided such abstract is presented by the Councilman making the request in writing within seventy-two hours after receipt of a copy of the minutes of such meeting.
(b) Synopsis of Debate; When Entered in Minutes. The Clerk may be directed by the Presiding Officer, with consent of Council, to enter in the minutes a synopsis of the discussion on any question regularly before Council.
(c) Copies of Minutes. The Clerk shall furnish each member of Council with a copy of the minutes within ninety-six hours after a meeting.
(d) Approval. The minutes of any previous Council meeting may be approved without public reading, unless a member of Council has requested a public reading of same.
(Ord. 75-32. Passed 12-23-75.)
121.03 ORDINANCES, RESOLUTIONS, MOTIONS AND CONTRACTS.
(a) Prior Approval. All ordinances, resolutions and contract documents shall, before presentation to Council, have been approved as to form and legality by the Law Director or his authorized representative.
(b) Introduction and Passage of Ordinances and Resolutions.
(1) Ordinances and resolutions shall be introduced and sponsored by a member of Council or the Mayor; otherwise they shall not be entertained by Council. However upon the unanimous vote of Council, a resolution may be sponsored by the entire Council.
(2) No ordinance or resolution requiring more than one reading shall be put on its final passage on the same day on which it was introduced, except emergency legislation.
(3) All ordinances, except emergency legislation, shall have three separate readings on three separate days.
(4) No ordinance shall relate to more than one subject, which shall be clearly expressed in its title, and no ordinance or section thereof shall be amended or repealed unless the new ordinance contains the title of the ordinance or section amended or repealed. When practicable, ordinances shall be introduced as amendments to existing ordinances or sections thereof.
(5) The rule requiring that an ordinance or resolution shall be read on three different days may be dispensed with upon the affirmative vote of five of the members of Council and the legislation may be read by title only prior to its passage.
(c) Amendments. It shall be in order to amend an ordinance, resolution or measure at any time, but if amended after its second reading, it shall again be read as the second reading.
(d) Suspension of Rules. Any provision of these rules may be suspended at any meeting of Council by an affirmative vote of five members except when a greater number is required by law or by the rules of Council.
(Ord. 75-32. Passed 12-23-75.)
121.04 RULES OF DEBATE.
(a) Presiding Officer May Debate. The Presiding Officer may debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members of Council, and shall not be deprived of any of the rights and privileges of a Councilman by reason of his acting as the Presiding Officer.
(b) Securing the Floor; Improper References. Every member desiring to speak shall address the chair, and upon recognition by the Presiding Officer shall confine himself to the question under debate, avoiding all improper personal references and indecorous language.
(c) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call him to order, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order be determined, and, if in order, he shall be permitted to proceed.
(d) Limitations of Speakers. No member shall be permitted to speak more than once upon any subject until every member choosing to speak has had an opportunity to be heard, nor more than twice upon any subject.
(e) Right to Debate. All members shall have the right to speak at least once upon a subject before a motion to move the question is in order.
(f) Opportunity of Final Comment. The Councilman moving the adoption of an ordinance or resolution shall have the opportunity of final comment.
(g) Motions. A motion may be made by any member of Council and it shall require a second to be acted upon.
(h) Motion to Reconsider. A motion to reconsider any action taken by Council may be made only at the same meeting such action was taken. It may be made either immediately during the same session or at a recessed or adjourned session thereof. Such motion must be made by one of the prevailing side, and may be made at any time during the meeting and have precedence over all other motions or while a member has the floor; it shall be debatable.
(Ord. 75-32. Passed 12-23-75.)
121.05 VOTING.
(a) Method of Voting. The action of the Council on resolutions, motions and ordinances shall be by a yea and nay vote, and on any other question pending before Council. The yeas and nays shall be taken including those of the Presiding Officer and in taking the yeas and nays the Clerk shall call the names of the members in their alphabetical order, and the yeas and nays shall be recorded in the journal. Before the announcement of the vote by the Presiding Officer, the Clerk shall read the vote so taken upon demand of any member.
(b) Absent Members Vote. Any member, having been absent from the previous meeting, may, at the next meeting, be permitted to have his vote recorded upon any question acted upon during his absence, provided such vote shall not change the result, and provided further, that the member so permitted to record his vote shall not be entitled to move a reconsideration of the question so voted upon.
(Ord. 75-32. Passed 12-23-75.)
121.06 COMMITTEES.
(a) Standing Committees. All standing committees shall be appointed by the President of Council. There shall be the following standing committees:
Committee of the Whole
Budget and Appropriations Committee
Public Safety Committee
Public Service and Public Utilities Committee
Legislative Committee
The report of any committee shall be submitted to the Council at the next regular meeting unless further time is given at the time of reference, and such report shall be required to be in writing.
(b) Special Committees. All special committees shall be appointed by the President of Council.
(Ord. 76-28. Passed 10-18-76.)
121.07 RULES OF ORDER.
Questions of parliamentary procedure not covered by or included in this chapter shall be determined by the Presiding Officer in accordance with "Roberts Rules of Order", unless otherwise provided for in the Ohio Revised Code or the ordinances and resolutions of the Village. (Ord. 75-32. Passed 12-23-75.)
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