The following rules shall be considered the present rules of Council pertaining to governing and controlling its meetings, committees, reports, parliamentary procedures and other matters relating to the functions of Council:
Rule I - Open Meetings. All meetings shall comply with the ordinances providing for open public meetings and the elimination of executive sessions, with certain exceptions.
(Ord. 1987-255. Passed 12-21-87.)
Rule IA - Meetings. Council shall meet on the first and third Tuesdays of every month, except that Council may designate one month in the summer season for vacation. All meetings of Council shall be open to the public.
(Ord. 1990-2. Passed 1-2-90; Ord. 08-229. Passed 12-16-08.)
Rule IB -Public Hearings. Article III, paragraph (f) of the Charter of the City of North Royalton states that Public Hearings conducted by City Council, and notice for same, shall be handled in such manner as Council may by Ordinance provide. The following are the provisions for conducting a Public Hearing and notice for same:
1. Agricultural Districts: follow Ohio R.C. 929.02.
2. Gas and Oil Wells: follow Ohio R.C. 1509.62.
3. Interim Development Control Overlay Districts (IDC), Shopping Center Development Plans: follow the applicable notification requirements contained in Section 1266.04 of the North Royalton Codified Ordinances.
4. Town Center District (TCD) Development Plan Reviews: follow Section 1281.19(d) of the North Royalton Codified Ordinances.
The procedure for any situation requiring a Public Hearing not listed here will be determined at that time based on applicable law.
(Ord. 13-117. Passed 9-17-13; Ord. 14-71. Passed 6-3-14.)
Rule II - Holiday Meetings. When any regular meeting of Council falls due on a legal holiday observed by the City 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.
Rule III - Opening Proceeding. The President of Council shall take the Chair at the time appointed for Council to meet and shall immediately call the members to order. 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 of Council, Council may appoint a temporary Chairperson or a temporary President of Council.
Rule IV - Quorum.
(a) Council. A majority of all the members elected to Council shall be a quorum to do business, but a lesser number may adjourn from day to day and compel the attendance of absent members in the manner and under such penalties as shall be prescribed by these rules. All members shall conduct themselves professionally and shall attend all official meetings of Council in appropriate professional attire.
(b) Committees. A majority of the members of a committee shall constitute a quorum for the transaction of business. Each committee shall hold its regular meetings at the time and place fixed in the schedule, as prepared by the President of Council and Legislative Director in conference with the chairs of the several committees.
Rule V - Mayor, Directors, Heads of Departments and Division Heads. The Mayor and each department head, division supervisor and/or director shall attend all regular Council meetings, and shall attend special and emergency Council meetings as requested by Council. The Mayor, department heads, division supervisors and/or directors shall submit a written copy of any report and/or information they wish to bring to the attention of Council to the Director of Legislative Services. If the report is to be given at a regular meeting of Council, a written copy will be submitted to the Director not later than 4:30 p.m. of the Monday preceding the regular Council meeting.
Rule VI - Presiding Officers. The President of Council shall preserve order and decorum, prevent personal reflections and confine members in debate to the question. He or she 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 an 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 his or her reason for the same. The Mayor shall have the same right of appeal and a similar brief statement.
Rule VII - Committees. At not later than the first regular meeting of Council after its organization, the President of Council shall appoint standing committees of the following subjects and their related components.
(a) Finance.
(1) City budget and annual appropriation
(2) Finance Department
(3) City Income Tax
(4) Jail
A. Commencing with the first Finance Committee meeting in January, 2024, and every two (2) years thereafter the Finance Committee will discuss matters of the jail and its operations in detail.
(b) Utilities, Transportation, Power, Pipe Lines, Sanitary Sewers.
(1) Electricity
(2) Water, water quality and conservation
(3) Telephone
(4) Alternative energy usage and sustainability
(5) Transportation - public
(6) Sanitary sewers, sewer plant and related equipment
(7) Gas lines
(8) Franchises
(c) Safety.
(1) Police.
A. Traffic control
B. Street lighting
C. Civil defense
D. Auxiliary police
E. Equipment
F. Animal control
(2) Fire.
A. Prevention programs
B. Codes
C. Equipment
D. Volunteer fire-fighters
(3) Health and welfare.
A. Office of Aging and Human Services
(d) Street and Service.
(1) Sidewalks
(2) Ditches
(3) Streets
(4) Solid waste and recyclables collection and disposal and equipment
(5) Service garage and vehicles
(6) Shade trees
(7) Recreation programs
(8) Parks, recreation facilities and equipment
(9) Cemeteries, cemetery building and related equipment
(10) Construction materials and practices
(11) Issue I Program
(e) Building and Building Codes.
(1) Zoning and platting codes
(2) Planning Commission, Master Plan
(3) Board of Zoning Appeals
(4) Administrative buildings
(5) Land development impact
(6) Economic development
(f) Review and Oversight.
(1) Legislation review
(2) Policies and Procedures
(3) Council Rules
(g) Storm Water.
(1) Storm Water
(2) Storm Sewers
(3) Water Runoff
(4) Flooding
(5) Septic discharge
(6) Greenways and conservation easements
(7) Soils, watersheds and wetlands protection
(8) Retention/detention basins
(h) (Reserved).
(i) Composition of Committees. The President of Council shall appoint three members to each of the standing committees, each of whom the first named members shall be the chair and the second named shall be the vice-chair. The vice-chair shall preside until the chair appears, and shall discharge all the duties and be clothed with all the powers of the chair during any absence of the chair.
(j) Committee Meeting Agendas. Committee meeting agendas will be prepared by and submitted to the Council Office no later than the close of business on the week prior to the committee meeting and email to the Committee Chair for further changes/corrections. The Chair must notify the Council Office of these changes/corrections no later than end of business day Thursday of the week prior to the committee meeting. Once the committee agenda is published and distributed to whom notice is to be given, no further changes shall be made. Each submitted committee meeting agenda may be accompanied by copies of any documents appropriate to the topic to be discussed during the meeting. The Council Office will distribute the committee meeting agendas to Council, the Mayor, and Department Heads no later than the Thursday before the scheduled meeting. In addition, committee meeting agendas will be posted on the City's website. It is the intent of this rule that the Chair and members of the committee as well as the remainder of City Council shall make every reasonable effort to produce all documents relevant to issues on the agenda in a timely fashion so that all such documents may be distributed with the agendas pursuant to this rule. In the event that documents cannot be produced in a timely manner but are available at some point prior to the scheduled committee meeting, any committee member as well as any member of Council desiring such documents to be made available shall be responsible for copying and distributing said documents at or before the meeting. The committee shall discuss any such documents as they relate to the issue on the agenda. In the event that any new issue is brought before any committee, said new issue shall be added to the agenda at the beginning of the committee meeting with the affirmative consent of two thirds of the committee.
(k) Committee of the Whole. There is hereby established a Committee of the Whole. The Committee of the Whole shall be comprised of all members of Council, with the President of Council to serve as Chairman and the President of Council Pro-Tem to serve as Vice Chairman. Committee of the Whole meetings shall be scheduled by the Chairman on an as needed basis as determined by the Chairman. Any topic which falls under the jurisdiction of the City Council shall qualify as a topic to be discussed in the Committee of the Whole if deemed necessary by the Chairman. The Committee of the Whole shall serve only as a recommending body to City Council with no authority to adopt policy or legislation.
Meeting dates for each year, for each of the standing committees, shall be established by the President of Council not later than the second Council meeting held in December of each year. Meeting dates for the Committee of the Whole shall be called and fixed as deemed necessary by the President of Council.
When matters being discussed at such meetings of the Committee of the Whole fall within the jurisdiction and responsibility of a particular committee, pursuant to jurisdictional topics listed in this rule as stated herein above, then the chairperson of that particular committee shall preside during such meeting. Minutes shall be prepared by the recording secretary in a timely fashion for distribution and record retention. All committee meetings are required to be audio taped as outlined in Section 212.03 of these Codified Ordinances.
The committee chairperson may, call for special committee meetings if the committee chairperson determines the need for such meetings.
(Ord. 04-182. Passed 10-5-04; Ord. 04-210. Passed 11-16-04; Ord. 05-25. Passed 3-1-05; Ord. 07-159. Passed 12-18-07; Ord. 08-213. Passed 11-5-08; Ord. 09-54. Passed 5-6-09; Ord. 10-46. Passed 4-6-10; Ord. 11-130. Passed 12-6-11; Ord. 20-115. Passed 9-15-20; Ord. 22-78. Passed 4-19-22; Ord. 22-79. Passed 4-19-22; Ord. 22-178. Passed 11-15-22.)
Rule VIII - Committee Rules of Procedure for Public Hearings. The procedure by any committee holding a public hearing shall be as follows:
(a) Committee Hearings. Each committee shall, with the concurrence of the majority of Council, hold public hearings at a time and place to be determined by each committee.
(b) Persons to be Heard. Any person desiring to be heard by the committee shall rise when addressing the chairperson, give his or her name and address and state for whom and for what interests he or she appears before such committee. The committee holding such hearing may call upon any one who, in its opinion, may be able to give additional information on the subject before the committee for a hearing.
(c) Chairpersons. The chairperson of any standing or special committee who fails to observe the rule of procedure set forth in Rule VIII(b) shall automatically forfeit his or her chairmanship when such negligence is reported to the President of Council.
Rule IX - Order of Business. The business of the regular meetings of Council shall be transacted in the following order:
1. Call to order
2. Opening ceremony (to be at discretion of each incoming Council)
3. Roll call
4. Approval of Consent Agenda
5. Communications
6. Reports and communications from the Mayor
7. Department head reports
8. Report from President of Council
9. Report from Council committees
10. Report from Council representatives to regulatory or other boards
11. Discussion by public; five-minute maximum, only on current agenda legislation
12. Ordinances and resolutions
13. Miscellaneous business - five minute maximum on discussion by public
14. Adjournment
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.
If discussion by Council is desired on any Consent Agenda item, or if discussion is requested by the public on any legislative item on the Consent Agenda, that item will be removed from the Consent Agenda by Council motion and considered in its normal sequence under the Regular Order of Business.
If any appointments to boards, commissions, committees or other positions are made by the proper appointing authority, such appointments must be confirmed by a resolution duly adopted by Council so as to ensure that accurate records of appointments are properly kept by the Director of Legislative Services.
Any resident, by submitting the proper request form to the Director, may speak at any regular Council meeting regarding the subject detailed on the request form. Speakers must adhere to these rules set forth by Council. The Director shall have available proper forms.
Ordinances and resolutions shall be arranged on the agenda in the following order for consideration:
Legislation to be considered for third reading
Legislation to be considered for second reading
Legislation to be considered for first reading
Rule X - Special Meetings (Order of Business).
1. Call to order
2. Opening ceremony
3. Roll call
4. Director to read the notice
5. Discussion by public of current agenda, nondebatable, five-minute maximum time
6. Council action of special meeting agenda
7. Adjournment
Special Council Work Sessions (Order of Business).
1. Call to order
2. Roll call
3. Director to read notice
4. Council and invited participant(s) discussion of Work Session issue(s)
5. Adjournment
Rule XI - Voting. It is the duty of every member of Council to vote upon the call of the yeas and nays. Failure or refusal to vote without cause is failure to do one's duty. To abstain from voting is required when a significant impediment exists, as in a conflict of interest. In the event of the determination of an impediment that requires an abstention the Council member shall, upon the call of the yeas and nays, state generally the reason for the abstention, e.g. "I abstain based upon a conflict of interest". No member shall be required to answer any further questions as to the nature of the conflict.
Rule XII - Minutes of Committees. All committee meetings are required to be audio taped as outlined in Section 212.03 of these Codified Ordinances.
Minutes shall be prepared from the audio tapes by the Council Office in a timely fashion. The minutes shall accurately summarize sufficient facts and information to permit the public to understand the rationale behind the actions or decisions of the committee.
Any documents produced at the committee meeting that are to be incorporated as part of the minutes shall be provided to all members of the committee before the close of the meeting and shall be referred with the audio tape to the Council Office. Said attachments shall be included in the copies distributed by the Council Office. The procedure for the distribution and placement on the website of these minutes shall be established by the Director of Legislative Services with the approval of the President of Council.
No later than three days prior to the next regularly scheduled committee meeting, Council members, the Mayor, and/or Department Heads in attendance at the committee meeting shall submit any proposed changes or amendments to the minutes in writing to the Chair and Council Office. Said amendment proposals shall be discussed in public at the next regularly scheduled committee meeting after motion to approve the minutes, properly seconded followed by discussion of the Committee members. A majority vote of the committee members is necessary to approve the minutes or any amendments thereto.
Each committee shall have the right and privilege of initiating discussion and study of any subject or matter such committee deems a proper subject of consideration within the province of the committee.
(Ord. 04-178. Passed 10-5-04; Ord. 07-29. Passed 4-3-07.)
Each committee shall have the right and privilege of initiating discussion and study of any subject or matter such committee deems a proper subject of consideration within the province of the committee.
Rule XIII - Speaking. No member shall be allowed to speak except from his or her own desk. No member shall speak longer than five minutes at one time without leave. No member shall speak more than once on the same motion until every member desiring to speak on that motion has had an opportunity to do so. The Mayor shall also have the privilege of speaking for a period of five minutes upon the same motion, resolution or ordinance. Discussions in totality upon a particular matter shall not be subject to any time limitation.
Rule XIV - Motions: When Debatable; Withdrawal. When a motion is made and seconded, it shall be stated by the Presiding Officer or by the Director of Legislative Services 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 a decision, if a majority of the members then present agree thereto.
Rule XV - Division of Question. Any member may call for a division of the question, and by a majority affirmative vote of Council, the Presiding Officer may direct the same, and 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.
Rule XVI - To Refer; Precedence. When there is a question of referring a given subject to a standing committee, or to a select committee, the question of reference to a standing committee shall be put first.
Rule XVII - To Adjourn. 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.
Rule XVIII - Subsidiary; Order of Precedence. When a question or proposition is before Council or under debate, no motion shall be received except the following:
(a) To adjourn
(b) To lay on the table
(c) For the previous question
(d) To postpone to a certain day
(e) To commit
(f) To amend
(g) To postpone indefinitely
The several motions shall have precedence in the order in which they are herein arranged.
Rule XIX - Introduction of Ordinances and Resolutions. Ordinances and resolutions shall be introduced only by the members of Council present, with their names endorsed thereon, except such ordinances and resolutions as may be presented to Council upon written recommendation of some committee of Council.
After an ordinance or resolution has been on the agenda for a period of twelve months, the legislation shall be placed on the agenda for a motion to defeat the proposed legislation. The vote required to defeat the proposed legislation shall be two-thirds or five votes.
Rule XX - Reference of Reports, Resolutions and Ordinances to Committees. Any report, resolution, ordinance or matter before Council for consideration, except an appropriation ordinance, before its final passage, may 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.
Such committee, as to any ordinance referred to it, shall carefully compare the same with all existing ordinances upon the subject matter, and it shall report thereon any discrepancy or conflict which may exist therewith. It shall also examine and report upon the form of such ordinance and recommend the change necessary to remedy such discrepancy or conflict or to correct error in form. If any amendment shall be made to any ordinance after the committee has reported thereon, the ordinance may, before its final passage, be recommitted to such committee for further report thereon.
Any matter referred to a committee may, by a two-thirds vote of Council at any time prior to report of such committee, be taken from the hands of such committee for consideration.
Rule XXI - Debates or Discussions. No member of Council while Council is in session shall engage in debate or discussion with anyone, save another member of Council, the President of Council or some person who has either been granted by Council the privilege to address Council or is present at a Council meeting on invitation of Council. All such debates or discussions shall be governed by Robert's Rules of Order.
Rule XXII - Special Public Hearings. If any elector or taxpayer of the Municipality, or any other person, desires a public hearing on any matter pending before Council, application may be made therefor to Council. Council may, by a two-thirds vote, grant such public hearing by arranging for a special time and place therefor, which time and place must not be during any regular or special meeting of Council.
Rule XXIII - Resignation. The resignation of a member of Council shall take effect when the same has been received by the Director of Legislative Services or the President of Council and reliably confirmed. The office shall thereupon be deemed vacant and shall be filled in accordance with Article III(e) of the City Charter. Council shall allow twenty-one days for the submission and receipt of applications from such qualified applicants as may apply followed by nine days for the interview process and selection of a replacement to fill the vacancy.
Rule XXIV - Rules of Order. In the absence of any rule upon the matter of business, Council shall be governed by Robert's Rules of Order.
Rule XXV - Amendments. These rules may be amended or altered or new rules adopted by a vote of the majority of all Council members elected, at any meeting of Council, on the report of a committee to which the subject has been referred at a previous meeting.
Rule XXVI - Suspension of Rules. These rules, or any of them, may be temporarily suspended at any meeting of Council by a concurrent vote of three-fourths (6) of all members elected to Council. The vote on such suspension shall be taken by the "yeas" and "nays" and entered on the journal.
(Ord. 1987-255. Passed 12-21-87; Ord. 96-123. Passed 5-7-96; Ord. 98-20. Passed 2-3-98; Ord. 99-148. Passed 10-5-99; Ord. 99-166. Passed 11-3-99; Ord. 01-73. Passed 6-5-01; Ord. 03-149. Passed 12-1-03; Ord. 03-150. Passed 12-1-03; Ord. 04-149. Passed 7-6-04; Ord. 19-74. Passed 9-3-19; Ord. 21-79. Passed 4-20-21.)
Rule XXVII - Council's Agenda.
(a) All ordinances and resolutions shall be presented to the Director of Legislative Services not later than 4:30 p.m. on the Wednesday preceding the Council meeting. Such material shall be distributed to each member of Council by 4:30 p.m. on the Friday preceding each Council meeting.
(b) All minutes of boards or commissions, Mayor's reports and other municipally generated items which are to be included as part of the regular Council meeting shall be presented to the Director of Legislative Services not later than 12:00 noon on the Monday preceding the Council meeting. All such material and subject matter shall be distributed to each member of Council by 4:30 p.m. on the Monday preceding each Council meeting.
(Ord. 90-166. Passed 7-17-90; Ord. 98-20. Passed 2-3-98.)
(c) Any matters which are not presented to the Director within the time limits set forth in this rule shall not be included on the agenda for consideration at the following regular Council meeting, but will be included at the next succeeding regular Council meeting. Correspondence and miscellaneous items not requiring action by Council may be read if received after the deadline if authorized by a majority vote of Council.
However, if three members of Council, in writing, request the consideration of a particular matter at a regular Council meeting, such written request, together with the subject matter, must be presented to the office of the Director at least twenty-four hours prior to the time of the Council meeting.
In such event, the Director shall notify each member of Council as soon as possible of such subject matter and its availability to such member for his or her examination during the twenty-four hour period.
(Ord. 98-20. Passed 2-3-98.)
Rule XXVIII - Procedure for Handling Correspondence, Complaints, Requests and Miscellaneous Matters from the Public.
All correspondence, complaints, requests, or miscellaneous matters which residents desire to be considered by Council must first be presented to the office of the Director of Legislative Services in writing, or mailed to such office, with the name and address of the sender.
Material sent in shall then be presented to Council and after the contents of such material are made known to Council, such material may be referred to the appropriate committee for its consideration and investigation.
Correspondence submitted for reading at a Council Meeting must be received by the Director no later than 4:30 p.m. on the Wednesday preceding the regular Council meeting. The request to have the correspondence read at a Council meeting must be so stated in said correspondence. Correspondence to be read shall be no longer than 5 minutes in duration; otherwise, it will be noted on the record as received and available for public inspection in the Council Office. Copies of said correspondence will be distributed to Council and the Administration with their agenda packets. The decision to read correspondence into the record at a Council meeting will be made by Council at the caucus prior to the Council meeting. If it is determined that the correspondence will be read, it will be read under the “Communications” portion of the meeting. Council reserves the right to refuse to publicly read any material it determines to be inappropriate for public disclosure.
Any such committee shall then make a written report of its recommendation and findings to Council after it has concluded its study of the matter. Such written report shall be kept on file thereafter in the office of the Clerk and available for public examination.
(Ord. 98-20. Passed 2-3-98.)
Rule XXIX - Procedure for Specifications of New Equipment to be Purchased for the City. Whenever it is necessary that new equipment be purchased for the City, the specifications for such new equipment shall be first prepared by the proper authority and submitted to the respective Council committee for recommendation of approval to Council. Council shall approve specifications and authorize advertisements for bids based upon approved specifications.
(Ord. 1987-255. Passed 12-21-87; Ord. 03-150. Passed 12-1-03.)
Rule XXX - Moral Claims Procedure.
(a) Establishment and Members. There is hereby created a Moral Claims Commission consisting of the members of the duly appointed Finance Committee.
(b) Duties of Commission.
(1) All claims arising from injury or damage from alleged acts of the City in its governmental capacity, or which arise from circumstances wherein but for the interposition of some defense peculiar to municipal corporations the City would otherwise be liable at law, or which arise from facts under which the City has the right and obligation in good conscience to pay for such injury or damage, shall be referred first to the Law Department for investigation.
(2) All claims filed with the Law Department shall be properly designated either by number or short title or both. All such claims shall be carefully investigated by the Law Department. The Law Department shall have authority to reject or deny claims when there is evidence of negligence on the part of the claimant. The Law Director shall make regular reports to the Finance Committee listing all claims including the name of the claimant, date of incident giving rise to the claim, brief summary of claim, and disposition. All claims not denied or rejected by the Law Department shall be referred for hearing before the Moral Claims Commission. All decisions of the Law Department and/or Moral Claims Commission are final and not subject to appeal, nor shall the claimant be permitted to re-submit any such claim in the future for reconsideration.
(3) The Chairman of the Commission shall, for the purposes of this chapter, have the power to administer oaths, compel attendance of witnesses and production of books and papers under the penalty provided in Article XVIII(d) of the Charter. After such investigation, the Commission shall either approve, with or without conditions or limitations, or disapprove such a claim.
(4) Original papers relating to claims shall be filed in the office of the Director of Law and shall be preserved for not less than four years.
(5) The Law Director shall cause to be prepared and introduced into Council ordinances setting forth moral claims allowed by the Commission. Each such ordinance shall set forth the number of each claim, the general subject of the claim and the fund from which payment is to be made.
(6) The Director of Finance shall certify that funds are available for the payments contemplated by each such ordinance. After the recommendation for approval of the claim by the Finance Committee, Council shall proceed to pass such ordinance as introduced or as it may be amended.
(c) Award Determined by Commission. The Moral Claims Commission may fix an award for the payment of a claim. Such award shall be fixed in the discretion of the Commission as a matter of grace and not as a matter of right.
(d) Assignment of Reimbursement to City. Before any payment is made, the claimant shall execute and deliver an assignment to the City in such form as approved by the Director of Law agreeing to reimburse the amount of the payment to the City any sum of money obtained by the claimant arising out of the occurrence entitling the claimant to the payment, whether by judgment, settlement or otherwise against anyone legally responsible for the damage.
(Ord. 05-165. Passed 11-1-05.)