(A) At the time appointed for the Council to meet, the Mayor, or the President of Council in the absence of the Mayor, shall take the chair and immediately call the meeting to order.
(B) Before proceeding with the business of Council the Clerk shall call the roll and enter in the minutes the members who are present, absent, or excused by Council.
(C) A majority of all the members of Council shall constitute a quorum. In the absence of a quorum a majority of the members present may vote to recess for not more than one hour in order to compel the attendance of absent members.
(D) Order of business at all regular Council meetings:
(1) Prayer;
(2) Pledge to the Flag;
(3) Roll Call;
(4) Approval of the Agenda;
(5) Minutes presented for correction, changes and adoption;
(6) Comments from audience on pending legislation;
(7) Committee reports;
(8) Comments on the bills;
(9) Old Business;
(10) New Business;
(11) Comments section:
(a) Public comment;
(b) Comments from the Mayor;
(c) Comments from the Clerk-Treasurer; and
(d) Comments from the Council;
(12) Adjournment.
(E) These rules of procedure may be temporarily suspended by an affirmative vote of two-thirds of the members of Council.
(F) When a motion has been made, the chair shall state the question, which places the motion before Council. Following debate, the Chair shall put the question and announce the results of the vote.
(G) The President of Council and any other member of Council may demand a division, which shall be taken by a roll call. The motion calling the previous question closes debate, stops further amendments to the last motion and brings it to an immediate vote. The previous question applies only to the last motion made. It is not in order for a member of Council to speak to the question under consideration or to make a motion and immediately demand the previous questions.
(H) Any member who previously voted with the prevailing side may move to reconsider any vote or proceeding of the Council. This motion shall be made not later than the next regular meeting. An action by Council may be reconsidered only once.
(I) Raising a question of privilege is a motion which may interrupt pending business because of its necessity for immediate consideration. When a member raises the question of privilege, the presiding officer determines if it is indeed a question of privilege and if it is urgent enough to interrupt pending business. There are two types of questions of privilege. The first is that of Council as a whole and may pertain to such matters as the organization or existence of Council; the comfort or conduct of officers; employees or visitors; punishment of members; the accuracy of published reports of the proceedings; requests to go into executive session; etc. The second matter pertains to the question of personal privilege and may concern an incorrect record of a member's participation in a meeting; charges being circulated against a member's character; etc. The first type takes precedence. If it is a simple question of privilege, the matter may be handled informally. If it is deemed to be of major importance, the issue may be considered by Council before pending business is resumed.
(J) While Council is in session at any regular meeting, special meeting or meeting of Council as a Committee of the Whole, the presiding officer shall have the authority to order the removal by the Sgt. of Arms or the Mogadore Police Dept., any person or persons who refuse to obey the Rules of Council or who disturbs or interrupts said meeting to the extent of preventing the transaction of business.
(K) A point of order is the motion made when a Council member thinks the Rules of Council are being violated. This motion may be made when another member has the floor and does not require a second. The presiding officer must determine the validity of the motion. If the decision is that the Rules are being violated, the presiding officer shall enforce the Rules of Council.
(L) A point of information is a request by a member of Council to the presiding officer requesting information relevant to the business at hand. The presiding officer shall direct the request to the appropriate person and all information shall be exchanged through the presiding officer in order to maintain decorum.
(M) When Council resolves itself into a Committee of the Whole, the Mayor shall leave the chair and the Council shall select a chairman. The rules of Council shall be observed in the Committee of the Whole, if applicable. The Council may establish time limitations for debate and discussion.
(N) No member shall be allowed to speak longer than five minutes at one time without permission from the chair.
(O) An appeal to the Council from the decision of the Chair may be by motion of any member, if duly seconded. The question shall not be debatable. On such an appeal, the question shall be stated as follows: “An appeal has been taken from the decision of the Chair: You who are of the opinion that the appeal shall be heard will say “aye”, and you who are apposed will say “no”. If the majority of the members of Council shall decide to hear the appeal, the Chair, at once shall be vacated and the President of Council shall preside, or in his absence on being required to vacate the Chair, the occupant shall call any member of the Council to the Chair to preside over the appeal. The occupant of the Chair from whom the appeal is taken may participate in a debate on the appeal. The debate may be closed by a call for the question unless objection is raised in which event a majority vote of the members of Council: “You who are of the opinion that the decision of the Chair shall stand as a judgment of the Council, say “aye”, and you who are of the opinion that the decision of the Chair shall not stand as the judgment of the Council say “no”. Thereafter, the presiding officer shall presume the Chair and the business of the Council proceed.
(P) Any member of Council may protest against the actions of the Council and upon request shall have his reasons for protest entered upon the Council Record.
(Q) In the absence of any rule governing matters of business in either the Rules of Council, the Statutes of the State of Ohio, or the Village Charter, Roberts Rules of Order, Newly Revised, shall be the standard of parliamentary usage.
(Ord. 58-1985. passed 9-18-85; Am. Ord. 24, passed 4-19-06)