Rule I. Meetings.
(a) Regular Meetings. Regular meetings of Council shall be held in the Council Chambers at 6:30 p. m. on the first and third Tuesday of each month, except that during the months of July and August, Council may dispense with one of its regular meetings. Council may, by majority vote, change the day and hour of holding any regular meeting, or adjourn the same to a day and hour determined by a like vote of the members present if constituting a quorum. All meetings of Council, whether regular or special, shall be open to the public.
(Ord. 4-2016. Passed 1-19-16.)
(b) Special Meetings. Council shall hold such special meetings as may be found necessary, which may be called by a vote of Council taken at any regular or special meeting thereof, or which shall be called by the Clerk upon the written request of the Mayor or President of Council or of three members of Council. Any such vote or request shall state the time, place and date thereof and the subject or subjects to be considered at the meeting, and no other subject or subjects shall be considered except upon the approval of five or more of the members of Council in attendance at such special meeting. Notice in writing of each such special meeting called at the request of the Mayor, the President of Council or three members of Council shall be given to each member of Council and the Mayor by serving the same on each of them personally or by leaving a copy thereof at his or her usual place of residence not less than twenty-four hours preceding the date and hour of such meeting. Service of such notice may be waived in writing or by attendance at such special meeting. Failure of service of notice shall not invalidate any special meeting, provided a quorum is present. Council may sit in executive session for lawful reasons. However, any action resulting therefrom must be taken in public session.
Rule II. Executive Session; The Chair; Powers and Duties.
(a) Roll Call. The Mayor, or in his or her absence, the President of Council, shall take the Chair at the hour appointed for Council to meet and immediately call Council to order. The roll shall then be called by the Clerk, who shall enter in the Journal of each meeting the names of members present thereat. In the absence of a quorum at the time appointed for a meeting, the members present may, by a majority vote, take a recess or recesses and cause the Clerk to procure the attendance of absent members.
(b) Temporary Chairman. In the absence of the Mayor and the President of Council, the Clerk shall call Council to order. The Clerk shall call the roll and if a quorum is found to be present, Council shall proceed to elect, by a majority vote, a Temporary Chairman of the meeting until the appearance of the Mayor or President of Council.
(c) Appeals From Decisions of the Chair. The Chair shall preserve decorum and decide all questions of order, subject to appeal to Council. If any member transgresses the Rules of Council, the Chair shall, or any member may, call him or her to order and, in the latter instance, the Chair shall render a decision as to the point of order. In case of an appeal from a ruling of the Chair, the question shall be: "Shall the decision of the Chair stand as the decision of Council?" The Chair shall be sustained unless overruled by a majority vote of the members of Council present.
(d) Votes. All questions shall be stated and put by the Chair for a roll call vote and the vote of each member of Council shall be entered upon the Journal.
(e) Chair's Power to Vote. The Mayor shall have no vote except in the event of a tie vote of members of Council present, in which case the Mayor shall have the power to vote and his or her vote shall have the same legal effect as a vote of a member of Council. Any member of Council who is serving as Chairman shall have the same power to vote as other members.
Rule III. Member's Duties and Privileges.
(a) Addressing the Chair. Addressing the Chair shall be done in a formal manner and members shall confine themselves to the question under debate and avoid personalities.
(b) Voting. Every member present when a question is put shall vote on the same, either for, against or by abstention.
(c) Division of a Question. On demand of any member, a question under consideration which covers two or more points shall be divided where the question admits of such division.
(d) Excusal From Attendance. No member shall be excused from attendance at a Council meeting, except upon request to and permission of Council. When a member knows of an impending absence in advance, notification shall be given to the Mayor's office.
(Ord. 59-80. Passed 9-23-80.)
Rule IV. Order of Business.
(a) The order of business shall be as follows:
(1) Call to Order
(2) Roll Call
(3) Pledge of Allegiance
(4) Minutes of Council Meeting of (Date)
(5) Special Reports
(6) Letters, Communications and Citizens Communications
(7) Administrative Reports:
A. Mayor
B. City Administrator
C. Finance Director
D. Director of Law
(8) President of Council Report
(9) Committee Reports: (The legislation applicable to each committee shall be dealt with immediately following the respective committee’s report)
(Ord. 96-2007. Passed 6-5-07.)
A. Finance-Economic Development
B. Safety
C. Recreation
D. Planning and Zoning
E. Personnel (Ord. 5-2016. Passed 1-19-16.)
F. Public Utilities Committee. (Ord. 35-2017. Passed 4-4-17.)
G. Service. (Ord. 5-2016. Passed 1-19-16.)
(10) Other Business
(11) Adjournment. (Ord. 96-2007. Passed 6-5-07.)
(b) Upon motion of any Council member, the order of business at any meeting may be altered by an affirmative vote of two-thirds of the members present.
(Ord. 59-80. Passed 9-23-80.)
Rule V. Committees.
(a) Appointment of Committees. The following standing committees, consisting of three members each, are hereby authorized, with appointment of the Chairperson and members to be made by Council: (Ord. 1-98. Passed 1-5-98.)
(1) The Finance - Economic Development Committee.
(Ord. 5-2016. Passed 1-19-16.)
A. The Committee shall review all administration and citizen requests for allocation of City funds, particularly the tax budget and appropriations budget.
B. The Committee shall work with the administration to evaluate various methods of financing City operations; consider any such actions recommended by the administration.
C. The Committee shall approve any contracts desired by the administration for services involving financial activities (accounting, insurance, banking).
D. The Committee shall evaluate any proposed legislation involving the tax code.
E. EDITOR’S NOTE: This former subsection was repealed by Ordinance 136-2004, passed November 16, 2004.
F. EDITOR’S NOTE: This former subsection was repealed by Ordinance 1-98, passed January 5, 1998.
G. The Committee shall review the proposed selling price or rental fee of any City property.
H. The Committee shall consider any other matters incidental to the foregoing which are properly delegated to the Committee by Council or its President. (Ord. 15-91. Passed 2-5-91.)
I. The Committee shall evaluate any legislation intended to promote economic development and monitor any projects the Administration is undertaking in this area, either alone or in partnership with other public or private organizations.
(Ord. 5-2016. Passed 1-19-16.)
J. The Committee shall evaluate any legislation which requires Council’s approval in connection with Revolving Loan Fund applications and shall monitor any related projects the City undertakes utilizing such funds, either alone or in partnership with other public or private organizations.
(Ord. 9-2016. Passed 2-2-16.)
(2) The Safety Committee. (Ord. 5-2016. Passed 1-19-16.)
(3) The Planning and Zoning Committee. (Ord. 6-90. Passed 1-16-90.)
(4) The Personnel Committee:
A. Shall review the appropriateness of job descriptions with respect to non-bargaining unit employees;
B. Shall ensure appropriate job descriptions are completed before newly created City employee positions are filled;
C. Shall recommend orientation programs and/or materials for new members of boards, commissions, advisory committees and members of Council;
D. Shall review progress of negotiations of collective bargaining agreements;
E. Shall review personnel policies and procedures applicable to nonbargaining unit employees;
F. Shall coordinate with the Civil Service Commission and the Mayor regarding the hiring of new individuals, promotion of employees and appointment by Council of appointed employee positions;
G. Shall consider any other matters incidental to the foregoing which are properly delegated to the Committee by Council or its President. (Ord. 45-94. Passed 5-3-94.)
(5) The Recreation Committee.
A. Shall review all legislation or any proposed administrative action requiring City Council authorization in accordance with Section 252.05 of the Codified Ordinances involving City Parks and/or the recreation programs which take place in them prior to being presented to the full Council.
B. Shall review all suggestions by the Parks and Recreation Advisory Committee requiring City Council authorization in accordance with Section 252.05, or other applicable sections of the Codified Ordinances before such recommendations are presented to the full Council.
C. Shall interview in conjunction with the Appointment Review Committee any candidates proposed by the Mayor for appointment to PRAC prior to consideration by the full Council.
(Ord. 40-2019. Passed 9-17-19.)
(6) The Public Utilities Committee.
(Ord. 35-2017. Passed 4-4-17.)
(7) The Service Committee. (Ord. 5-2016. Passed 1-19-16.)
A. EDITOR’S NOTE: This former subsection was repealed by Ordinance 5-2016, passed January 19, 2016.)
(8) (EDITOR’S NOTE: Former subsection (a)(8) was repealed by Ordinance 1-2022, passed January 4, 2022.)
(b) Organization of Committees. In organizing itself for the two-year term, Council shall first elect a President of Council.
Each member of Council shall chair one of the seven major Council committees. The Chairperson and other members of these seven committees may be appointed by a single motion with the approval of all Council members present. Should one or more Council members oppose such action the following procedure shall be followed:
Committees shall be formed on a preference basis beginning with selection of the Chairperson. On roll call, each member shall indicate which committee he or she would like to chair. Should more than one member request the same committee, a vote will be required with the majority of Council determining which member shall be Chairperson. Votes shall be taken on all such conflicts until all Council members chair a committee.
On second roll call, each Council member shall designate first choice for another committee. If there are more applicants than there are positions available, a vote by all the members of Council shall determine the choice. No more than one seat per committee may be filled on this round of voting.
A third roll call shall produce the last committee position for each Council member. As far as possible, individual preference shall determine the committee assignment. Any conflict shall be decided by a vote of Council as a whole. If conflict still results, the Chairperson shall arbitrarily decide the conflict so that all committees are filled with three different individuals.
(Ord. 1-98. Passed 1-5-98.)
(c) Special Committees. Special committees may be appointed by Council when deemed necessary. The Mayor may appoint advisory committees with advice and consent of Council.
(d) Committee of the Whole. The Committee of the Whole shall meet at such times as necessary with the President of Council presiding.
(e) Meetings. Committees shall meet on the call of the Chairperson, or on request of two members, communicated to the City Clerk.
(f) Quorum. A majority of members of a Committee shall constitute a quorum.
(g) Temporary Chairperson. In the absence of the Chairperson, the member named next shall act as the Temporary Chairperson.
(h) Committee Reports. Reports of Committees shall be the personal responsibility of the Chairperson of the Committee and shall be submitted in typewritten form to Council. All documents referred shall be returned to Council with the report of the Committee. Upon motion, Council may relieve a Committee of further reconsideration of any question and order it placed on the calendar or transfer it to the Committee of the Whole for its consideration.
Rule VI. Motions; Rules
(a) Motions. Robert’s Rules of Order, Revised, shall prevail except as may otherwise be provided herein.
(b) Rule on Readings and Suspension of Rules. Every ordinance or resolution shall be fully and distinctly read at three different meetings of Council. Rules may be suspended upon the affirmative vote of five members of Council to:
(1) Dispense with the second and third reading; or
(2) Dispense with the full reading of an ordinance or resolution, i.e. call for a number and title reading only.
(c) Emergency Measures. In order to pass as an emergency measure, the affirmative vote of five members of Council on the emergency clause is required. The emergency clause is debatable.
(d) Quorum. A majority of the members of Council shall constitute a quorum for the transaction of business at any meeting of Council, but a number less than a quorum may adjourn the meeting from time to time and compel the attendance of absent members in such a manner and under such penalties as may be prescribed by ordinance, resolution or rules of Council. At any meeting at which a quorum is present, any action may be taken by the affirmative vote of a majority of the members of Council present, unless a larger number is required by the provisions of the Charter or the laws of the State not in conflict therewith.
(e) Call for Vote. The Clerk shall alternate the rotation of the members of Council when calling for a vote on ordinances and resolutions.
(f) Amending Rules. A majority vote is required to alter, amend, rescind or supplement these Rules. Any proposed alteration, amendment or supplement shall be submitted in writing at a regular meeting and placed on the calendar for the next regular meeting under new business. By unanimous recorded vote of all members elected to Council, such proposed alteration, amendment or supplement may be adopted at the meeting at which the same is submitted.
(g) Receipt of Ordinances and Resolutions. Ordinances and/or resolutions shall be received by individual Council members at least twenty-four hours in advance of the meeting in order to be considered. Certain emergency criteria may require the waiving of this Rule which may be accomplished by a majority vote of the members present.
Rule VII. Miscellaneous
(a) Director of Law. The Director of Law shall, when requested by a member of Council, give a verbal opinion on any question of law concerning City affairs, in open Council, but he or she may take a reasonable time to submit his or her opinion in writing should research be required. Upon request, he or she shall advise the Chair as to proper parliamentary procedure.
(Ord. 59-80. Passed 9-23-80.)
(b) Appointments. All final candidates considered for management level positions, as defined in Ordinance 72-81, and final candidates for the position of Service-Safety Director, Director of Law and Prosecutor of the City, must be interviewed by the Committee of the Whole prior to appointment by the appointing authority. A majority of the Committee of the Whole is necessary for approval. All appointments requiring approval of Council shall be submitted to all members of Council as part of the agenda at least twenty-four hours in advance of the meeting at which appointments are to be made. (Ord. 82-81. Passed 11-10-81.)
Rule VIII. Code of Conduct.
(a) Council Conduct.
(1) Decorum. A public meeting must be conducted in an orderly and expeditious manner while maintaining discourse and deliberation in a civil, respectful and cordial manner.
(2) Disruption at a Public Meeting. No Council member may engage in conduct that disrupts a public meeting by behaving in a disorderly, contemptous, slanderous, profane or abusive manner towards any other Council member or any member of the public.
(3) Treatment of the Public. No Council member may show signs of partiality, prejudice, or disrespect toward a member of the public. Questions by Council members to a member of the public addressing Council should seek to clarify or expand information. No Council member shall belligerently challenge, badger, or belittle a member of the public addressing Council.
(4) A Council member who violates the Code of Conduct at a Committee meeting, Council meeting, or a Council of a Whole meeting is subject to censure.
(5) Censure defined: to express severe disapproval of (someone or something), especially in a formal statement.
(b) Censure Hearing.
(1) Any Council member may ask Council that another Council member be censured.
A. Such request must take place no later than thirty (30) days or two (2) Council meetings (whichever comes first) following the incident for which censure is requested.
(2) A majority of Council must vote to hold a Council of the Whole meeting for censure.
A. One vote shall be taken.
B. Failure to reach a majority vote is the end of the censure discussion for the event presented to Council.
C. The President of Council shall preside over the Council of the Whole meeting unless the President of Council is the complainant or the accused Council member. If the President of Council cannot preside over the Council of the Whole meeting, Council shall vote for a different Presiding Council member. The substitute Presiding Council member shall be chosen by a majority vote.
(3) Following a majority vote to hold a Council of the Whole meeting for censure:
A. An Accused Council member may defend themselves at hearing.
B. An Accused Council member who wishes to hire representation may call for a one time continuance of the meeting to allow for retention of representation.
C. The Complainant Council member shall present evidence supporting censure.
D. The Complainant Council member who wishes to hire representation may call for a one time continuance of the meeting to allow for retention of representation.
E. The Council of the Whole shall hold its meeting in the manner described in Exhibit A of this Rule VIII.
(4) At the conclusion of the meeting, Council of the Whole, shall vote. A two-thirds (2/3) majority is required for a vote in favor of censure.
(5) At the conclusion of the meeting and following a vote not to censure, Council of the Whole may find the original request for censure was frivolous:
A. Council may then vote by a two-thirds (2/3) majority to censure the Complainant Council member for bringing a frivolous claim of censure before Council.
B. Frivolous defined: not having any serious purpose or value.
(Ord. 25-2020. Passed 1-5-21.)