I. MEETINGS
Effective September 12, 2017, the regular meetings of Council shall be held in the Municipal Building at 7:00 p.m. on the second and fourth Tuesdays of each and every calendar month. Special meetings of Council may be called by the Mayor or by any three members of Council by having the Clerk of Council serve written notice of the call of such meeting upon each member of Council and upon the Mayor in person or by delivering a copy thereof to the usual place of residence of such persons not less than twelve hours prior to the holding of such meeting. Such notice shall specify the time and place for the holding of such meeting.
(Ord. 1992-82. Passed 9-8-82; Ord. 1999-54. Passed 6-8-99; Ord. 2017-38. Passed 6-13- 17.)
II. HOLIDAY MEETINGS.
When any regular meeting of Council falls due on a legal holiday, or on an election day, Council shall meet in regular session on the day following, and at the place and hour fixed by the Rule governing the same.
(Ord. 1982-136. Passed 10-26-82.)
III. AGENDA.
The Clerk of Council, with the advice of the President of Council, shall cause an agenda to be prepared for the meetings of Council. Such agenda shall include all matters to be acted upon at the next Council meeting. Such agenda shall be mailed or otherwise delivered to each member of Council, the Mayor, the Engineer, the Director of Finance and the Law Director at least twenty-four hours prior to the scheduled time of the meeting. Any matter not appearing on the agenda shall not be subject to formal action by Council. This rule may be suspended as provided in Rule XXII.
A sponsor of legislation may, at any time prior to its introduction, ask the Clerk to remove any matter from the agenda. If two regular meetings of Council have passed without a piece of legislation on the agenda having been introduced, the Clerk shall automatically remove it from the agenda.
(Ord. 1983-17. Passed 2-8-83.)
IV. ORDER OF BUSINESS.
The business of the regular meetings of Council shall be transacted in the following order:
1. Roll call;
2. Reading and disposal of the journal;
3. Communications, petitions and claims outside of officials and offices of the City Hall;
4. Audience participation;
5. Appointments and confirmations;
6. Ordinances and resolutions;
7. Reports of Council committees;
8. Reports and communications from the Mayor, directors of departments and other City officials; and
The presiding officer of Council may, at any time, permit a member to introduce an ordinance, motion or resolution out of the regular order for the same, unless the same is objected to by a majority of the members present.
V. OPENING PROCEEDINGS.
The President of Council shall take the chair at the time appointed for Council to meet and shall immediately call the members to order. The President shall then cause the journal of the preceding session to be read and disposed of, unless otherwise ordered by Council. In the absence of the President of Council, the President pro tem of Council shall perform such duties as are imposed upon the President. In the absence of both the President and the President pro tem, Council may appoint a temporary Chairperson or President.
VI. DEBATES AND DISCUSSIONS.
The President of Council shall preserve order and decorum and shall confine members in debate to the question. Discussion and questions pertaining to a resolution or ordinance may properly be heard at the time of the first, second or third reading. The President may, in common with any other member, call any member to order who violates any of the Rules, and shall, when in the chair, decide all questions of order, subject to any appeal to Council on the demand of two members. On such appeal there shall be no debate, but the member making the appeal may briefly state the reasons for the same, and the presiding officer shall have the same right to a similar statement.
No member of Council, while Council is in session, shall engage in debate or discussion with anyone save another member of Council, the President or some person who has either been granted by Council the privilege to address Council or is present at a Council meeting on the invitation of Council.
Any member of Council may, however, request that any person attending a meeting be permitted to address Council at any time, in addition to the time specifically designated for audience participation. The President shall permit such person to address Council, upon the consent of the majority of members of Council, at any reasonable and appropriate occasion during the meeting. The President may provide a time limit for such person's address to Council. All such debates and discussions shall be governed by Robert's Rules of Order.
VII. HEARINGS.
If any elector or taxpayer of the Municipality or any other person desires a hearing on any matter pending before Council, application may be made therefor to Council and Council may, by a two-thirds vote, grant such public hearing by arranging for a special time and place therefor, which must not be during any regular or special meeting of Council.
(Ord. 1982-137. Passed 10-25-82.)
VIII. VOTING.
(a) Every member present shall vote on every question (except the approval of minutes) on the call of the yeas and nays, unless excused by the unanimous consent of Council. Any member wishing to be excused from voting must state the reason for the abstention on the record during discussion before a roll call vote has begun. If there is no objection the member will be excused from voting.
(b) Any member who abstains without being unanimously excused may be censured for contempt by a majority vote of Council.
(c) On each successive roll call vote the order of voting will be rotated so that the first to vote on the previous roll call will be the last to vote on the following roll call. The order of voting will otherwise repeat the order of the previous roll call vote.
(Ord. 2014-8. Passed 2-25-14.)
IX. INTRODUCING ORDINANCES AND RESOLUTIONS.
Ordinances and resolutions shall be introduced only by members of Council present, with their names endorsed thereon, with the following exceptions:
1. An ordinance or resolution introduced by the chair of a committee shall, with the consent of the members of such committee, include the names of the individual committee members as co-sponsors.
2. An ordinance or resolution introduced by a member of Council or the Mayor and thereafter referred to a committee which the sponsor does not chair may, with the consent of the sponsor, include the names of the committee members as co-sponsors.
3. A resolution memorializing an individual or group of individuals may, with the consent of such individual or group of individuals, be introduced by the entire Council.
4. An ordinance required by law may be introduced by any member of Council present and shall state: "Introduced by Requirement of Law. "
X. MOTIONS; WHEN DEBATABLE; WITHDRAWAL.
When a motion is made and seconded, it shall be stated by the presiding officer before any debate shall be in order. Any such motion, and any amendment thereto, may be withdrawn by the movers thereof at any time before decision, if a majority of the members then present agree thereto.
XI. DIVISION OF QUESTIONS.
Any member may call for a division of the question, or the presiding officer may direct the same, and in either case the same shall be divided if it comprehends questions so distinct that one being taken away, the other will stand as an entire question for decision.
XII. ADJOURNMENT.
The motion to adjourn shall always be in order, unless Council is engaged in voting, and the motion to adjourn or to lay on the table or for the previous question shall be decided without debate.
XIII. SUBSIDIARY MOTIONS; ORDER OF PRECEDENCE.
When a question or proposition is before Council, or under debate, no motion shall be received except the following:
1. To adjourn;
2. To lay on the table;
3. For the previous question;
4. To postpone to a certain day;
5. To commit;
6. To amend; or
7. To postpone indefinitely.
The several motions shall have precedence in the order in which they are herein arranged.
XIV. RULES OF ORDER.
In the absence of any rule upon the matter of business, Council shall be governed by Robert's Rules of Order.
XV. STANDING COMMITTEES.
At no later than the first regular meeting of Council after its organization, the President of Council shall appoint standing committees, each consisting of three members (the first named to be Chairperson) of the following subjects:
1. City Parks, Recreation and Services. This Committee shall have legislative and review responsibility for matters pertaining to recreation programs and the use of public parks, playgrounds and other public property for public purposes. It shall also have responsibility for equipment and materials for the maintenance of public properties.
2. Finance, Taxation and Assessments. This Committee shall have legislative and review responsibility for matters pertaining to City finance, indebtedness, appropriations, taxation and the Department of Finance, including the payment of moneys not previously provided for and the establishment of salaries, wages, pensions and utility rates.
3. Legislation and Rules. This Committee shall have legislative and review responsibility for matters pertaining to County, State and Federal legislation affecting the City, such as annexations and redistricting, initiative, referendum and recall petitions, printing and advertising, and also matters pertaining to courts, licensing, fines, penalties, forfeitures and sentences. Before final passage, any ordinance of a general or permanent nature may be referred to this Committee for comparison with similar existing ordinances and for reconciliation or report of any discrepancies.
4. Public Health, Safety and Relief. This Committee shall have legislative and review responsibility for matters pertaining to the Police and Fire Divisions, the Fire Prevention Code, fire inspection, public health concerns (including waste collection and disposal), environmental pollution, health and hospital services, and care of indigents.
5. Public Improvements. This Committee shall have legislative and review responsibility for matters pertaining to the development or improvement of City land or buildings, the sale and purchase of real estate, and other major capital improvements, excluding those subjects specifically within the jurisdiction of the Streets, Utilities and Railroad Committee.
6. Streets, Utilities and Railroad. This Committee shall have legislative and review responsibility for matters pertaining to the development, improvement or maintenance of streets, roadways, sewer lines, sidewalks, public utility lines, grade crossings and other railroad concerns. It shall also have responsibility for legislative matters pertaining to the sewage treatment plant.
7. Zoning and Building Code. This Committee shall have legislative and review responsibility for matters pertaining to City Planning, Zoning and Building Codes and for Councilmatic relations with the boards working in those areas, namely the Board of Zoning and Building Appeals and the Planning Commission.
The President of Council may, at any time, remove any appointed member of any committee and appoint a new member to such committee to serve in place of such member so removed. (Ord. 2002-33. Passed 5-28-02.)
XVI. REFERENCE TO COMMITTEES.
Any report, resolution, ordinance or matter before Council for consideration (except appropriation ordinances) may, before its final passage, be referred either to the standing committee to which the subject matter is most closely related or to a committee specially appointed by the President of Council. Any such committee shall consider the matter thus referred to it and report thereon to Council without unnecessary delay. Any matter referred to a committee may be taken from the hands of such committee for consideration by a two-thirds vote of Council at any time prior to the report of such committee. The President of Council may make such referrals to any standing committee designated in Rule XV, subject to an appeal by a majority of the members of Council.
Any standing committee may consider any subject matter designated in Rule XV as within its jurisdiction without reference by Council or the President.
XVII. COMMITTEE OF THE WHOLE.
Council may meet publicly as a Committee of the Whole at 7:00 p.m. prior to each regular meeting of Council, if the Clerk of Council determines that there is an agenda for the Committee and so notifies members of Council.
The Committee of the Whole shall consider matters referred to it by any member of Council or the Mayor. The Committee of the Whole may also hear presentations and recommendations from any committee on matters to be submitted to Council for a vote.
(Ord.2002-13. Passed 5-28-02.)
XVIII. PRECEDENCE FOR REFERRAL.
When there is a question of referring a given subject to a standing committee or to a special committee, the question of reference to a standing committee shall be put first.
XIX. COMMITTEE REPORTS.
Any committee shall consider matters referred to it and report thereon without unnecessary delay. The report of any committee or Municipal officer on matters referred by Council shall be made in writing and shall be accompanied by the original papers on which the report is based, unless otherwise ordered by Council.
If any matter referred by Council to a committee or officer is not reported on or within four weeks from the time of such reference or by any other deadline imposed by Council, the Clerk of Council shall bring such matter to the attention of Council, which shall take any action it may deem appropriate, including the removal from the hands of a committee or officer any referred matter, by a majority vote of Council.
(Ord. 1986-75. Passed 6-10-86.)
XX. COMMITTEE MEETINGS.
At their meeting held at the call of the chair, committee members, by majority vote, shall fix the time of subsequent meetings which shall be held monthly, unless Council is in recess. Thereafter, a meeting schedule may be modified, altered, cancelled or expanded only after a poll of committee members is taken by the chair and a majority consent is secured. No committee meeting shall commence before the hour of 6:00 p.m., Monday through Friday, except that in the event of an emergency a committee meeting may be held before 6:00 p.m. if five members of Council indicate their consent.
The Clerk of Council shall be notified of any change in the schedule of committee meetings by the chair of such committee at least twenty-four hours in advance so that notification to all members of Council may be made. The Clerk shall post the schedule of all regular committee meetings, and of any modification, alteration, cancellation or expansion, in a public place.
Committee meetings shall be open to the public at all times, unless subject matter that would qualify for executive session before the entire Council is to be discussed.
(Ord. 1990-147. Passed 10-9-90.)
XXI. AMENDMENTS.
These Rules may be amended or altered, or new Rules may be adopted, by a vote of a majority of all the members elected at any meeting of Council, on the report of the Legislation and Rules Committee, to which the subject has been referred at a previous meeting.
(Ord. 1982-136. Passed 10-26-82.)
XXII. SUSPENSION OF RULES.
These Rules, or any of them, may be temporarily suspended at any meeting of Council, by a concurrent vote of a two-thirds majority of all members elected, except when a greater number is required by law or by these Rules. The vote on such suspension shall be taken by the yeas and nays and entered on the journal. If any Rule has been inadvertently violated by Council, the same shall be regarded as having been suspended.
(Ord. 1983-17. Passed 2-8-83.)
XXIII. RESIGNATION.
The resignation of a member of Council shall not take effect until the same has been accepted by a vote of a majority of the members, exclusive of the person tendering the resignation. (Ord. 1982-136. Passed 10-26-82.)