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The Clerk of Council shall not place any ordinance or resolution on the agenda of any regular or special meeting of Council unless one of the following conditions apply:
(b) Such legislation was ordered to be placed on the agenda by a majority vote of Council members in attendance at a Special meeting of Council, Committee of the Whole or a Finance meeting; or
(c) Such legislation was presented at a regular Council meeting by either the City Manager, Finance Director or Law Director in their individual capacities in the performance of their administrative functions of the business of the City and the addition of such legislation to the agenda is approved by a majority vote of the Council members in attendance at such meeting.
(d) All legislation for the next Regular meeting of Council and all business items for the next meetings scheduled are to be received by the Clerk of Council by 5:00 p.m. the Thursday prior to the meeting.
(Ord. 2065-20. Passed 7-23-20.)
(a) Persons desiring to address Council may do so in the following manner:
Oral Communications. Any person or their authorized representative may address Council on any matter of City business at the proper time provided in the agenda at any regular or special meeting of Council or a meeting of its Committee of the Whole by providing their name, address and subject matter to be discussed on a City provided sign in sheet to the Clerk of Council no later than five minutes prior to the scheduled start of the meeting and thereafter by raising and securing the permission of the presiding officer. Campaigning for individual candidates for political office does not constitute a matter of "City business".
(1) Such person shall state their name and addresses and the name and address of the person or group they may represent, if applicable, in an audible tone of voice for the record and unless further time is granted by the presiding officer or upon motion of Council, shall limit their address to three (3) minutes.
(2) All remarks should be addressed to Council as a body. No person shall attempt to engage any Council member or officer of the City in debate although Council members may respond to remarks. No person other than Council members and the person having the floor shall be permitted to enter into any discussion without the permission of the presiding officer. No question shall be asked of a member of Council or municipal officer except through the presiding officer. No person shall be entitled to the floor a second time upon the same subject at one meeting.
(b) Disturbing a Lawful Meeting. No person, with purpose to prevent or disrupt a lawful meeting of Council or the Committee of the Whole, shall do either of the following:
(1) Do any act which obstructs or interferes with the due conduct of such meeting;
(2) Make any utterance, gesture, or display which outrages the sensibilities of the group.
(c) Whoever violates subsection (b) hereof shall be prosecuted under Section 509.04 - Disturbing a Lawful Meeting. (ref. ORC 2917.12)
(Ord. 2065-20. Passed 7-23-20.)
(a) The Mayor and Council Members shall receive their reasonable and necessary expenses incurred in the performance of their official duties, as herein set forth. No such reasonable and necessary expenses, relating to attendance at conferences and meetings occurring outside of Montgomery County, Ohio shall be reimbursed to Council Members or the Mayor unless such expenses have been authorized by resolution, stating the exact purpose thereof. Reasonable and necessary expenses shall only include expenses actually incurred and paid by Council Members or the Mayor while in the performance of their official duties.
(b) The Mayor and Council Members must file an expense report with the Finance Director within ten (10) business days after performance of said official duty. Said expense report shall include a detailed listing of costs with receipts attached. Receipts shall not be required for meals and incidental expenses when a per diem rate is paid to the Mayor or Council Member. Any unused funds advanced by the City for expenses shall be accounted for and repaid within said ten (10) business day period.
(c) Travel within Montgomery County and the performance of official duties of Council Members and the Mayor shall be by means of one’s own private form of transportation or by City website. Any other forms of transportation within Montgomery County, in performance of official duties or for the attendance at conferences and meetings must be authorized by Council.
(d) Personal phone calls while traveling outside Montgomery County on official business shall be limited to one per day, except in the case of an emergency.
(Ord. 2065-20. Passed 7-23-20.)
(e) Non-local Travel and Training Expenses Reimbursement.
(1) Council shall pass a Resolution prior to the last Council meeting of each year setting forth the conferences, meetings, and seminars that members plan on attending during the following calendar year. A separate Resolution shall be passed for any unplanned conference, meeting, or seminar, which requires overnight travel. One-Day seminars, conferences, and meetings that do not require overnight travel may be approved by a voice vote of Council. (Ord. 2142-23. Passed 7-13-23.)
(2) The City will pay in full the registration fee for seminars and conferences which a Council member attends. The City will also pay the registration fee for a Council Member’s spouse for conferences. All other expenses of a spouse are the responsibility of the Council Person, except as herein provided.
(3) The City will pay in full the charge for lodging when attending an out of town conference or seminar. This will include any room taxes and the double occupancy rate of the Council Members’ spouse accompanies them.
(4) Meals and incidentals. The Mayor and Council Member shall be paid a per diem allowance, which will cover meals and gratuities. The per diem will be based on the rate approved by the General Services Administration (GSA) for the location of the conference or seminar (see www.gsa.gov). The Council member or Mayor shall receive the per diem rate for each day of attendance at a conference, meeting, conference or seminar in the performance of their official duty as set forth in subsection (b) hereof. When meals are included in the registration fee, the per diem will be reduced based on the following breakdown twenty-five percent (25%), for breakfast twenty-five percent (25%), for lunch and fifty percent (50%) for dinner.
(5) Transportation:
The Mayor and Council Members are expected to use the form of transportation that is the most economical in regards to actual cost and travel time. Travel by airplane, bus, train, or other common carriers shall be undertaken at the lowest rate reasonably available. Air travel must be at coach or economy rates.
As an alternative to commercial transportation, private/personal modes of transportation may be used provided the Council Member or Mayor will not be reimbursed more than what the least expensive commercial mode of transportation would reasonably cost for the same trip. Travel time would need to be considered in the decision to allow the alternative form of transportation. The Council Member or Mayor would be responsible to provide satisfactory proof of the cost of the commercial transportation to the City.
When the Mayor or Council Member can obtain a significantly lower airfare by staying over an extra day, the Mayor or Council Member may be reimbursed the cost of lodging and meals for that period of time if the aggregate cost of lodging and meals is less than the amount of the airfare saved.
Personal vehicle - Council members and the Mayor will be reimbursed at the per mile IRS rate current in effect, based on a detailed expense report filed with the Finance Department.
Airfare - Council Members and the Mayor will have their airfare paid in full by the City. If the City purchases airline tickets for a Mayor’s or Council Member’s spouse or companies, the amount will be reimbursed to the City prior to the scheduled departure of the airplane.
(6) Ineligible expenses: The following items are examples of expenses that are not eligible for reimbursement:
A. Dry cleaning.
B. Cosmetic needs.
C. Personal car repairs.
D. Alcoholic beverages.
E. Personal telephone calls exceeding the number allowed.
F. Expenses incurred by or for persons who are not City employees.
G. Personal entertainment to include in-room movies.
(f) The failure to submit expense reports as herein provided shall result in the immediate suspension of said Council Member’s or Mayor’s travel privileges. No further expense reimbursement for official duties shall be paid, and no further travel shall be authorized by resolution, of attendance at conferences and meetings, including reimbursement for expenses, cost of registration, etc., to said Council Member or Mayor who has failed to submit said expense report and/or repaid any unused advanced funds as herein required. Any Council Member or the Mayor, who has not timely filed their expense reports and/or repaid any unused advanced funds shall be notified of such failure by the Finance Director with copies of said notice being sent to all Council Members, and, the Finance Director shall withhold from said offending Council member’s or Mayor’s next scheduled paycheck(s) funds sufficient to reimburse the City of Moraine for all funds advanced or not properly accounted for by said Council member or Mayor in accordance with Section 3.6 of the Moraine City Charter.
(g) Any “frequent flyer miles” or other travel incentive awards earned by the Mayor or Council Members while on a City business trip are the property of the City of Moraine and will need to be documented or credited to the City by the Mayor or Council Member earning the incentive award as a result of the trip.
(Ord. 2065-20. Passed 7-23-20.)