(A) Preamble.
(1) The Council is a body whose official title shall be the Municipal Council of New Lebanon, Ohio.
(2) The Council shall hold itself chiefly accountable to the citizens of the municipality, and support policies and procedures needed to insure fiscal integrity while maintaining necessary and desired services.
(3) The duties of Council shall be defined by the provisions of the Charter, or when the Charter is silent, the Ohio Revised Code.
(4) The Council shall establish policies deemed necessary for the governing of the municipality through the adoption of ordinances and resolutions. This process shall constitute the basic method by which the Council shall exercise its leadership concerning the affairs of the municipality. In furtherance of its objective of insuring fiscal integrity, the Council may request reports and data concerning the conditions, efficiency, and needs of the municipality.
(5) To this end, the Council has adopted rules of Council designed to efficiently expedite the process of legislation. These rules are intended to inform Council members, the administration, and the public as to the procedures Council intends to utilize in the legislative process.
(B) General rules.
(1) Regular meetings.
(a) Regular meetings of the Municipal Council are held on the first and third Tuesdays of each month at 7:30 p.m. at the Council Meeting Room. When the first or third Tuesday falls on a holiday, the regular meeting shall be held on the following Tuesday or such other day as Council may determine.
(b) Whenever it becomes apparent to the Mayor that the facilities will be unsuitable for public meeting due to inclement weather, size of the anticipated attendance, or the like, the Mayor may designate another public building where the meeting will take place.
(c) Suitable notice will be given by the posting of notices at the regular meeting location and other locations through the municipality.
(2) Special meetings. A special meeting of the Council shall be called at the request of the Mayor or any four members. Except in the case of emergency, notice of the special meeting shall be served on each Council member personally or left at his or her usual place of residence at least 24 hours prior to the time of the meeting. Notice of the special meeting shall be given at least 24 hours in advance to the news media that have requested notification, except in the event of an emergency.
(3) Emergency meetings. In the event of an emergency, the Council or its Clerk shall make every reasonable effort to notify the news media that have requested notification of the time, place, and purpose of the meeting.
(4) Clerk of Council. The Director of Finance and Records or his designee shall serve as Clerk of Council, and shall perform the duties of Clerk of Council under the general direction of the Municipal Manager. The Clerk of the Council shall record the attendance or absence of Council members and exofficio members.
(5) Business at special or emergency meetings. The notice of a special or emergency meeting shall state the specific purpose or general purpose or purposes then known to the Clerk to be intended for consideration. No other business other than that stated as the purpose of the meeting may be conducted. The minutes and the notification of any emergency meeting shall state the nature of the emergency or circumstances requiring immediate official action. The notice of any special or emergency meeting shall state whether the meeting is called for by the Mayor or by, with names of each, four members of Council.
(6) Minutes of meetings.
(a) A journal of the proceedings of each regular, special, or emergency meeting will be kept by the Clerk of Council, shall be signed by the presiding officer and Clerk of the meeting, and shall be open to public inspection. Minutes of any meeting shall not be open to public inspection until accepted by Council as the minutes of that meeting. Approved minutes will be available for inspection not later than three business days after the meeting at which the minutes were approved. The minutes need only reflect the general subject matter of discussions in executive sessions as authorized by the Charter.
(b) The minutes shall not be read at the meeting unless requested by a majority of the members present. Approval of the minutes of a preceding meeting may be by the methods of voting described in division (E) below.
(c) Any member of Council or municipal official desiring specific remarks to be included verbatim in the minutes must make such request therefore by notice at the meeting in which the remarks are made. It shall be out of order to amend minutes at a later date to include verbatim comments by a member of Council or municipal official when such notice was not made at the meeting wherein the verbatim comments were made.
(d) The Clerk of Council may be furnished with a written copy of the prepared statement to be included in the minutes, after it has been read by the member or official making the statement.
(C) Conduct of the meeting.
(1) Conduct of meetings.
(a) All regular, special, and emergency meetings of the Council shall be open to the public and citizens shall have reasonable opportunity to be heard under such conditions as the Council may direct.
(b) No statement made by a member of Council, citizen, or other person shall be entered onto the records of the meeting unless the speaker has been recognized by the presiding officer, unless it shall be ordered by a majority of Council.
(2) Presiding officer. The Mayor shall preside at all meetings of the Council. In the absence or disability of the Mayor, the Vice-Mayor shall be the presiding officer. In the absence or disability of both, the Clerk of Council shall call the meeting to order at the prescribed hour. The first order of business shall be the election of a temporary presiding officer, who shall be elected by the Council from the members present. Following election of the temporary presiding officer, he or she shall conduct the meeting pursuant to these rules of Council. On adjournment of the meeting for which he or she was elected temporary presiding officer, he or she shall relinquish the duties incumbent therein.
(3) Conduct at meetings. The presiding officer shall enforce orderly conduct at all meetings. The Chief of Police, or his or her designee, shall serve as Sergeant-at-Arms of the Council in the enforcement of the provisions of these rules at the direction of the presiding officer and within bounds of existing law.
(4) Seating arrangement.
(a) The Mayor shall be seated at the focal point of the dais, with the Municipal Manager to the right of the Mayor and the Law Director to the left of the Mayor. The Vice Mayor shall be seated to the left of the Law Director.
(b) The Clerk of Council shall be afforded sufficient workspace in such a position as may be necessary to accurately perform the duties of Clerk.
(5) Attendance at Council meetings. Each Council member and the Mayor shall be required to attend at least 75% of all regularly scheduled Council meetings annually, and, failing to do so, shall be deemed to have resigned the position. (See Charter § 2.09)
(D) Legislation.
(1) Ordinances and resolutions.
(a) Every proposed ordinance shall be filed in writing with the Clerk of Council. The Council may discuss a proposed ordinance at the time it is introduced and changes to the proposed ordinance may be made by amendment at any reading thereof without invalidating the introduction of the ordinance.
(b) Not less than two weeks must elapse between the introduction and passage of an ordinance, however, this rule may be suspended by affirmative roll call vote of Council in the case of an emergency. (See Charter § 2.10)
(2) Copies of ordinances and resolutions. At all times, the Clerk of Council will have available copies of ordinances or resolutions under consideration by the Council for public inspection.
(3) Reading of legislation. The reading of the caption or short title of an ordinance or resolution shall constitute a reading of the legislation. Upon the introduction of an ordinance, the presiding officer will read the legislation unless the reading is waived by a majority of the Council members present. At any subsequent consideration of an ordinance, the proposed legislation will be read in the same manner unless waived by a majority of the Council members present.
(E) Voting and debate.
(1) General.
(a) A tie vote on an ordinance or resolution shall result in neither its passage nor defeat, but shall be cause for the motion for adoption to be reconsidered at the next regular meeting.
(b) The vote upon any ordinance or resolution shall be by roll call. Voting upon other business shall be by acclamation unless a roll call is requested or otherwise required by these rules.
(2) Roll call vote.
(a) Any member may call for a roll call vote and the roll shall be called upon that request.
(b) In all roll call votes, the names of the members of Council shall be called in random order, and the name to be called first shall be advanced one position in each successive roll call vote.
(c) During roll call votes, Council members shall respond with “yes” or “no,” and it shall not be in order for any member to explain his or her vote.
(3) Results of voting. In all cases where a vote is taken, the Clerk of Council shall announce the result.
(4) Abstention.
(a) It is the philosophy of this Council that all members have been elected and have accepted their positions for the purpose of making public decisions. No member may refrain from voting except under rare, limited circumstances. No member of the Council shall vote on any question in which he or she has a financial interest other than the common public interest, or that involves his or her personal or private rights, or on any question concerning his or her own conduct or conscience. On all other questions, each member who is present shall vote “yes” or “no” when his or her name is called.
(b) If a member abstains from voting, the vote will be considered a neutral vote.
(5) Conduct of discussion and debate. During Council discussion and debate, no member shall speak until recognized for that purpose by the presiding officer. After such recognition, the member shall confine discussion to the question at hand.
(6) Receiving motion when question is before Council.
(a) When a question is before the Council under debate or when a motion has been made, no motion shall be received except the following:
1. To adjourn.
2. To table the motion to a specified date.
3. To call the previous question.
4. To post the motion to a specified date.
5. To refer a proposal to a special committee or committee of the whole.
6. To amend the main motion.
7. To postpone the action for an indefinite time.
(b) The motions shall have precedent in the order in which they are stated. Motions listed as divisions 1., 2., or 3. above shall be decided without debate.
(7) Motions to reconsider.
(a) A motion to reconsider a subject that may have been acted upon favorably must be made before adjournment of that session of Council. A motion to reconsider any other subject may be made not later than the next regular meeting after that action was taken. A motion to reconsider may be made only by any member who voted with the prevailing side of the issue. A motion to reconsider shall be in order at any time except when a motion on some other subject is standing.
(b) A motion to reconsider, being laid on the table, may be taken up and acted upon at any time when the Council is engaged in the transaction of old business.
(c) No motion to reconsider shall be made more than once on any matter or subject and the same number of votes shall be required to reconsider the action of Council, as was required to pass or adopt the matter.
(8) Motion to take from the table. A motion to take from the table shall be in order when that order of business is being transacted and when the matter to be taken up is laid upon the table, or under the heading of new business and the motion shall be decided without debate, provided that the mover may be permitted to state briefly his or her reason for the motion.
(9) Motion to postpone indefinitely. If a motion to postpone indefinitely is carried, the principal question shall be declared lost.
(10) Motion for the previous question. The previous question shall be in the form, “Shall the main question now be put?” It shall be admitted only when demanded by two members; and until decided, shall preclude further debate and all amendments and motions. If the previous question is demanded on amendment, it shall apply only to the amendment. If the motion for the previous question is carried, the question shall be put without further debate. However, if the motion for the previous question is carried, but before it is actually put on execution, the motion to which it is directed may be laid on the table.
(11) Motion to amend. A motion to amend is susceptible of but one amendment thereof. An amendment once rejected may not be moved again in the same form.
(12) Motion on question of privilege.
(a) Questions of privilege shall be: First, those affecting the rights of Council collectively, its safety, dignity, and the integrity of its proceedings; second, the rights, reputation, and conduct of the members of the Council individually, and their capacity as such members.
(b) A question or privilege shall have precedent over all other questions except a motion to adjourn.
(13) Majority defined. Whenever the term
MAJORITY is used herein, unless otherwise expressly indicated, it shall be held to mean a majority of those elected to Council; likewise, whenever a “two-thirds” or “three-fourths vote” is indicated it shall mean two-thirds or three-fourths of the members elected to Council. Thus, in a Council of seven members, a majority shall be four; a two-thirds majority shall be five; and a three-fourths majority shall be six.
(F) Citizen participation.
(1) General. At each Council meeting, the agenda shall provide an opportunity for citizens to address the Council on any item of interest, subject to these rules, except that comments concerning other items of business on that agenda shall be reserved until that matter is under discussion.
(2) Length of presentation. The presiding officer may impose a time limit on presentations before the Council.
(3) Persons addressing the Council. Persons addressing the Council shall state their name, home address, and, if applicable, their affiliation. As circumstances dictate, the presiding officer or Clerk of Council may request the speaker to approach the dais, for the purpose of accurate communication and recording of the statements.
(4) Reserved time participation.
(a) Any speaker or group wishing to be on the Council agenda to make an oral communication to the Council, may, by notifying the Clerk of Council not later than 12:00 p.m. (noon) on the Thursday preceding a regular Council meeting, be granted reserve time for such presentation. A group may reserve time without indicating a specific speaker.
(b) Any speaker or group having complied with the request to be placed on the agenda shall be afforded the opportunity to address Council. Any speaker or group not having complied with the request to be placed on the agenda may be afforded the opportunity to address the Council subject to time constraints afforded by other business on the agenda.
(5) Public hearings.
(a) Public hearings shall be conducted in accord with divisions (F)(2) and (F)(3) above and discussion at public hearings shall be confined to the subject matter of the hearing. The following order will be observed for public hearings:
1. Open public hearing by Hearing Officer.
2. Petitioner's presentation of requested action.
3. Questions from Council members.
4. Questions or comments from the public.
5. Petitioner's summary of the request.
6. Closing of the hearing.
(b) Public hearings, unless otherwise mandated by law, shall not be considered a meeting of Council for the purpose of compelling the attendance of the members of Council. For all other purposes, this section shall govern the conduct of public hearings so far as practical.
(6) Complaints.
(a) A complaint to an individual member of Council concerning services or an employee of the municipality shall be referred to the Municipal Manager. A member of Council may assist the complainant in the referral process.
(b) The Council shall not honor requests by individuals or groups to discuss specific complaints concerning services or employees unless the matter has first been investigated by the Municipal Manager.
(G) Executive sessions.
(1) Purpose. The Council may meet in executive session for the consideration of any item permitted under the Charter of the municipality or ordinance thereof. No action may be taken or business transacted in any executive session. Upon return to an open meeting from executive session, the presiding officer shall certify into the record of the meeting, the general nature of the matter or matters taken under discussion in the executive session.
(2) Confidentiality. Council members or other participants in an executive session may not disclose, or use for personal profit, any information gathered as the result of an executive session. All information discussed, except the general topic, in an executive session shall be considered confidential.
(3) Recording prohibited. The executive sessions of the Council shall not be recorded through the use of a tape recorder or any other device.
(H) Agenda.
(1) Preparation of agenda.
(a) The Clerk of Council, under the general direction of the Municipal Manager, shall prepare an agenda for each regular or special Council meeting. The deadline for submitting items for a regular Council meeting agenda is 12:00 p.m. (noon) on the Thursday preceding the regular Council meeting.
(b) Any Council member intending to bring to the table a matter of municipal business or inquire into the conduct of the affairs of the municipality, and such inquiry shall require an elaboration of factual, detailed information not otherwise expected or usually available at a Council meeting, shall place the inquiry on the agenda for the purpose of affording the municipal official the opportunity to gather the relevant information necessary to respond to the request.
(c) This section does not preclude Council from making an inquiry into the affairs of the municipality through the channels outlined in the Charter; that is, by dealing directly with the Municipal Manager.
(2) Order of business. The agenda shall be organized and the business of the meeting shall be conducted as follows:
(a) Call to order.
(b) Invocation.
(c) Pledge of Allegiance.
(d) Approval of minutes.
(e) Old business.
(f) New business.
(g) Public comments or questions.
(h) Administrative staff comments.
(i) Municipal Manager's comments.
(j) Council members' comments.
(k) Vice-Mayor's comments.
(l) Mayor's comments.
(m) Adjournment.
(3) Distribution. Agendas and related background material will be available to Council members at least 48 hours before the scheduled beginning of a regular meeting and at least 24 hours before the beginning of a special meeting, except in the event of an emergency.
(4) Agenda material. Written material concerning agenda items, in lieu of or as supplemental to oral presentations, are encouraged, and, if possible, should be submitted prior to the Council meeting for circulation with the agendas.
(5) Introduction of business not on the agenda. The presiding officer, with the consent of the members of Council, may refuse to consider any item not on the agenda. For good cause shown, the presiding officer, with the consent of the members of Council, may permit consideration of any item not previously placed on the agenda, except as provided elsewhere in this section.
(I) Recording of Council meetings.
(1) Meeting may be recorded. Any regular or special meeting or any portion thereof, excluding executive sessions, of the Council may be recorded through the use of a tape recorder or other electronic device. Any official recording made by the Clerk of Council will be under the control and supervision of the Clerk of Council.
(2) Retention. Tape recordings from Council meetings will be retained by the Clerk of Council until the minutes thereof have been accepted and approved by Council. Thereafter, the tapes may be erased and re-used unless a longer retention period for a particular meeting is requested by Council.
(J) Miscellaneous.
(1) Rules of parliamentary procedure. The presiding officer shall provide for the orderly transaction of business at meetings of the Council. Robert's Rules of Order may be used as a guide, provided they are not in conflict with this section, or the ordinances of the municipality. The presiding officer will interpret and apply the rules of practice and the presiding officer's interpretation and application shall be final, subject to appeal, unless overruled by the Law Director.
(2) Opening of Council mail. The Clerk of Council is authorized to open and distribute or otherwise deal with the contents of any mail or correspondence received at the Municipal Building having been addressed to the Council, unless addressed to a Council member by name. The Municipal Manager is authorized to act in the absence of the Clerk of Council to facilitate the business of the Council.
(3) Amendment to rules. The rules of the Council may be altered or amended by ordinance.
(4) Suspension of rules. The rules of the Council may be suspended for a specified portion of a meeting by a majority of the members present.
(5) Authority for rules. Authority for the adoption of these rules of procedure is derived from Charter § 2.07.
('80 Code, § 30.03) (Ord. 84-04, passed 4-17-84; Am. Ord. 85-02, passed 1-15-85; Am. Ord. 96-08, passed 2-20-96)
Statutory reference:
Authority of Council to establish its own rules of procedure, see R.C. § 731.45