Loading...
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.)
121.08 ADJOURNMENT.
A motion to adjourn shall always be in order and decided without debate, except that such motion shall not be made until a roll call vote is completed and shall not be made during the consideration of an emergency matter.
(Ord. 75-32. Passed 12-23-75.)
121.09 COMPELLING ATTENDANCE OF WITNESSES.
(a) Issuance of Subpoena. The chairman of any duly appointed committee of Council is hereby empowered to subpoena witnesses in the Municipality to appear before such committee at a time and place designated in the subpoena, to testify concerning matters properly within the scope of the committee, and may require the production of books, papers and records by such witnesses.
(b) Procedure and Form. The subpoena shall be signed by the chairman of the committee and shall be directed for service to any member of the Police Department of the Municipality. The officer to whom the subpoena is directed, or his assistant or deputy, shall serve and return it to the chairman issuing it, in the same manner as subpoenas issued by courts of record in the State of Ohio are served and returned. The subpoena shall be substantially in the following form:
State of Ohio )
County of Cuyahoga ) SS.
Mayfield Village ) To any member of the Police Department of Mayfield Village, Ohio: By authority of the Municipality of Mayfield Village, Ohio, you are hereby commanded to summon of to appear before the Committee of the Municipality of Mayfield Village, Ohio, on the day of , A.D. at o'clock M. Eastern Standard Time (or Eastern Daylight Savings Time), then and there to testify concerning matters within the scope of such committee, and not to depart without leave of such committee, and with him to bring the following described books, papers and records: Of this writ make due return with your proceedings in this behalf endorsed thereon. Witness my hand this day of A.D.
Chairman |
(c) Testimony Not Used as Evidence in Criminal Prosecution. Except a person who, in writing, requests permission to appear before a committee of Council, or who, in writing, waives the rights, privileges and immunities granted by this section, the testimony of a witness examined before a committee of Council shall not be used in criminal proceedings against him, nor shall any person be prosecuted on account of a transaction, matter or thing concerning which he testifies or produces evidence. This section shall not exempt a person from the penalties of perjury under any law.
(d) Service and Attendance Fees. Policemen and witnesses shall be paid the same fees and mileage for service and attendance as are paid by the Court of Common Pleas of Cuyahoga County, Ohio, for similar service and attendance, except that a witness who fails to demand such fee at the time of service of a subpoena upon him shall be deemed to have waived such fee. Such fees and mileage shall be paid from the General Fund of the Municipality upon the authorization of the chairman of the committee which issued the subpoena.
(e) Administering Oaths. The chairman or a member of a committee of Council may administer oaths to any person testifying before such committee.
(f) Effects of Failure to Appear or Testify. Whoever willfully fails to appear in obedience to a subpoena provided for in this section or whoever appears and refuses to answer a question pertinent to a matter properly before the committee, or whoever declines upon demand of such committee to produce a paper, book or record in his possession or control, may, upon majority vote of the members of Council be adjudged guilty of contempt for each such act or refusal. The chairman of the committee before which such person fails to appear or refuses to answer or produce a paper, book or record, on order of the committee, shall report the facts to Council, and shall issue a warrant for the arrest and appearance before Council of the person to answer for the contempt. Any member of the Police Department of the Municipality is authorized to execute such warrant. Council, upon adjudging such person guilty of contempt, may punish such person for each act of contempt by levying a fine of not more than one hundred dollars ($100.00), payable to the Municipal Treasury, or by committing him to jail for not more than ten days, or both, or may commit such person to jail until he complies with the order of the committee or purges himself of contempt.
(Ord. 619. Passed 2-17-58.)
121.10 CONTROL OF MUNICIPAL MOTOR VEHICLES.
(a) No motor vehicle titled in the name of the Municipality, regardless of its value, shall be sold, transferred or otherwise encumbered without first obtaining the express permission of Council.
(b) For purposes of this section, "motor vehicle" means any vehicle propelled or drawn by power other than muscular power or power collected from overhead electric wires.
(Ord. 80-34. Passed 5-19-80.)
Loading...