Except as otherwise provided for by law or the Charter of the City of New Lexington or specifically waived by the Council, the proceedings of Council shall be governed by the following rules:
Rule 1: President of Council.
At each organizational meeting the Council shall elect by a majority vote of its membership a person to serve as President of Council until the next organizational meeting of the Council. The President of Council shall have the powers, duties and functions as provided in Section 5.03 of the Charter, and shall have such other powers, duties and functions as may be provided by these Rules of Council and by ordinance and/or resolution.
Rule 2: Meetings of Council.
Regular meetings of the Council shall be held at the New Lexington Community Building on the first and third Mondays of each month, at 6:30 p.m. Should any holiday fall upon the scheduled date for a regular meeting, the Council may designate another date within the same month, in lieu thereof.
Rule 3: Quorum.
A majority of the members elected or appointed shall be a quorum. A lesser number may adjourn from day to day and compel the attendance of absent members in such manner under such penalties as are prescribed.
Rule 4: Absence.
When a member of Council is unable to attend a meeting by reason of illness, vacation, absence from the City, or for any other just and reasonable cause the member is to notify the Clerk of Council as soon as possible. Should a quorum be unable to attend a scheduled meeting, the Mayor is to be notified by the Clerk as soon as possible.
Rule 5: Order of Business.
(A) Each meeting of Council shall open with the Pledge of Allegiance, which shall precede the order of business.
(B) The order of business for conducting meetings of Council shall be as follows:
1. Roll Call.
2. Minutes.
3. Introduction of Visitors.
4. Report of Department Chairpersons.
5. Reports of Committees.
6. Unfinished Business.
7. New Business.
8. First Reading of Ordinances and Resolutions.
9. Second Reading of Ordinances and Resolutions.
10. Adjournment.
Rule 6: Discussion.
No member shall speak more than once on a subject until all members of Council choosing to speak have had an opportunity to be heard. No member of Council shall speak more than twice on a subject, nor for a period of time longer than five minutes.
Rule 7: Agenda.
The Clerk of Council shall prepare an agenda and shall collect other information or items, which are to be presented to Council. Said items are to be distributed to Council Members prior to the scheduled meeting.
Rule 8: Appointment of Committees.
The appointment of all committee members not specifically directed differently by the Charter shall be subject to the affirmative vote of a majority of Council.
Rule 9: Emergency Legislation.
Each emergency ordinance or resolution shall determine that the ordinance or resolution is necessary for the immediate preservation of the public, peace, health, safety, or welfare, or to meet an emergency in the operation of the government of the Municipality, and shall contain a statement of the necessity for the emergency.
In and if an emergency ordinance or resolution shall fail to receive the required two-thirds vote, but receive the necessary majority for passage as a non-emergency legislation, it shall become effective as non-emergency legislation.
Rule 10. Motion When Question is Before Council.
When a motion has been made and debate is in progress, no motions shall be received except as follows:
(A) Adjourn.
(B) To table the motion.
(C) To request discussion end.
(D) To postpone action until a specific time.
(E) To refer to a committee.
(F) To amend.
(G) To postpone indefinitely.
These motions shall have precedence in the order in which they are listed.
Rule 11: Referral to Committee.
When a motion is made for reference to subject to a standing committee, and it is moved to substitute a select or special committee, the question of reference to the standing committee shall be put first.
Rule 12: Motion to Reconsider.
A motion to reconsider any subject may be made not later than the next regular meeting after such action was taken. A motion to reconsider may be made only by a member who voted with the prevailing side.
Rule 13: Motion to Take From the Table.
A motion to take from the table shall be in order within the same order of business the item was laid upon the table or under the heading of new business. Such motions shall be decided without debate, except that the maker may be permitted to state briefly the reason for the motion.
Rule 14: Motion to Postpone Indefinitely.
If a motion to postpone indefinitely is passed, the item in question shall be declared lost.
Rule 15: Motion for the Previous Question.
The motion for the previous question shall take precedence, and requires a two-thirds affirmative vote.
Rule 16: Motion to Amend.
A motion to amend may be subject to one amendment thereof. An amendment once rejected may not be moved again in the same form.
Rule 17: Motion of Question of Privilege.
Question of Privilege shall be:
(A) Those affecting the rights of the Council collectively; its safety, dignity, and the integrity of its proceedings.
(B) The rights, reputations and conduct of the members of the Council individually.
A question of privilege shall have precedence over all motions except a motion to adjourn.
Rule 18: Motion; Matter from Committee.
When any matter has been referred to a committee, and when committee fails within a reasonable time to report, or fails to offer a valid reason for its failure to report, any member of Council shall have the right to make a motion that such business be taken from the committee and that the same be laid before Council for action. Such a motion shall be decided without debate, provided the maker of the motion may briefly state the reasons for the motions.
Rule 19: Definitions.
The term "majority" when used, unless otherwise expressly indicated differently, shall be held to mean a majority of the total membership or four members of Council when all members are present. In the event that less than all members are present, “majority” shall be held to mean a majority of those present.
Rule 20: Suspension of Rules.
Each ordinance or resolution shall be read at two meetings, unless this requirement is dispensed with by a two-thirds affirmative vote. The first reading shall be in full unless the Council dispenses with the requirement by a two-thirds affirmative vote. The second reading shall be by title only unless Council requires the reading to be in full by and affirmative majority vote.
Rule 21: Amending.
It shall be in order to amend an ordinance or resolution at any time. If such amendment is made after the first reading, it shall be required that the amended item be read in full at the second reading.
Rule 22: Legal Assistance.
The Law Director shall be required to give a verbal or written opinion on any question of law concerning the Council. When requested by any member, the Law Director may choose not to give a verbal opinion, but may choose to submit a written opinion at a later date. She shall not be required to draw any ordinance or resolution unless so directed by the President of Council, or directed by a majority vote of Council. When requested by the chairperson of a committee, the Law Director shall assist in the examination of committee business.
Rule 23: Amendment of Rules of Council.
These rules may be amended, altered, or new rule adopted at any time by a majority vote of Council.
Rule 24: Robert’s Rules of Order.
Robert’s Rules of Order shall be followed with respect to any question not herein provided for.
Rule 25: Committees.
The standing Committees of Council shall be:
(A) Finance. To consist of three members of Council; one to appointed as chairperson.
(B) Public Service. To consist of three members of Council; one to be appointed as chairperson.
(C) Municipal Concerns. To consist of three members of Council; one to be appointed as chairperson.
Each standing Committee shall adopt a date for their regular meetings as needed. Other special committees may be appointed as the need arises.
Rule 26: Committee Procedures.
(A) Council shall refer all non-emergency items to committee for investigation and return report. The committee shall then call such meetings and make such investigations as are deemed necessary.
(B) Reports of committees should be in writing, but may be given orally. The report should indicate the concurrence of the majority of the committee.
(C) When a committee report is given, a minority report may also be presented by a committee member. Upon request of any Council Member a separate vote shall be taken on each separate item presented by the committee.
(D) Any ordinance or resolution, excluding emergency items, shall, following the first reading, be referred to a committee. The committee shall then report on the matter at the next Council meeting along with their recommendations.
(E) Members of Council and/or committees may present ordinances and resolutions for first reading.
(F) Council may accept or reject and committee report in whole or part.
(G) If a committee reports on an ordinance or resolution the matter is to be set aside and give the scheduled reading at the end of the report or during the first or second reading as scheduled by the order of business.
Rule 27: Visitors of Council.
(A) All visitors desiring to address Council shall register their name and topic of interest with the Clerk of Council at least three working days (not later than Wednesday) prior to the Council Meeting.
(B) Visitors shall be recognized by the chairperson only from the list provided by the Clerk at each meeting.
(C) Speakers appearing before Council during an open forum shall be limited to five minutes each. In order to avoid duplicative testimony on a particular matter, the Mayor may, at his or her discretion, place limitations on time and/or subject matter.
(D) Speakers appearing before Council shall be limited to discussion relating to the Council or City business.
(E) No person or group may be placed on the agenda to appear before Council more than one time per calendar year on the same subject matter unless significant new facts, information or materials are presented.
(F) Visitors may not pass out letters, literature, pamphlets, or any other written communications in Council Chambers.
(G) Professional drawings, contracts or other documents necessary to support professional presentations will be presented to the Clerk of Council prior to the opening of session.
(H) Any person, organization or business desiring to provide the Mayor and or Council members any form of written communication must present same to Clerk of Council or City Administrator not later than the Wednesday prior to the scheduled Council meeting.
(I) If the documents, in the opinion of the Clerk or Administrator, contain language which could be slanderous or construed to imply the defamation of another person's rights under the law, they will neither be accepted nor distributed to Council members.
(J) Speakers shall refrain from any personal remarks which might be slanderous or construed to imply the defamation of another person's character or the invasion of another person's rights under law. Comments which are attacks on others will not be tolerated at Council meetings.
(K) Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the Council shall be forthwith, by the presiding officer, barred from further attendance before the Council, unless permission to continue be granted by a majority vote of Council.
(L) The Chief of Police, or such member or members of the Police Department as he may designate, shall be the Sergeant of Arms of the Council meetings. He, or they, shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting.
(M) Upon instructions of the presiding officer, it shall be the duty of the Sergeant of Arms, or any of them present, to place any person who violates the order and decorum of the meeting under arrest, and cause him to be prosecuted under the provisions of this Code, the complaint to be signed by the presiding officer. (Ord. 04-1. Passed 1-21-04.)