Following are the Rules of Council:
(A) Rule 1. Regular Meetings. The first meeting of Council shall be held on the second Tuesday in January, at 7:00 p.m., unless such day is a legal holiday, in which event the first meeting in January shall be on the next business day before the second Tuesday in January. Other regular meetings shall be on the second and fourth Tuesday of each month. Special meetings shall be at the call of Council. Special Committee meetings shall be at the call of Council.
(Ord. 6-84, passed 4-10-84; Am. Ord. 11-2011, passed 4-12-11)
(B) Rule 2. Holiday Meetings. When any regular meeting of Council falls on a legal holiday or on an election day, Council shall set the time for such regular Council meeting at the next regular Council meeting preceding the holiday.
(C) Rule 3. Material for Council. At least 24 hours prior to a regular Council meeting, the Village Fiscal Officer shall have available for each Council member a copy of the Fiscal Officer's report, if required for such meeting, an agenda for the Council meeting, a copy of all ordinances proposed for consideration or passage at such meeting and such other documents as may be in the Fiscal Officer's possession which will be discussed or reviewed. This provision shall not apply to special meetings.
(D) Rule 4. Duties of President and President Pro Tem. The President of Council (Mayor) shall take the Chair at the time appointed for Council to meet and immediately call the members to order. He or she shall then cause the journal of the preceding session to be read and disposed of, unless otherwise ordered by Council. In the absence of the President, 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, Council may appoint a temporary chairman or President of Council.
(E) Rule 5. Questions of Order. The President shall preserve order and decorum and confine members in debate to the question. He or she may, in common with any other member, call a member to order who violates any of the rules, and shall, when in the Chair, decide all questions of order, subject to any 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 reasons for the same, and the presiding officer shall have the same right to a similar statement.
(F) Rule 6. Standing Committees.
(1) At no later than the first regular meeting of Council after its organization, the President (or Council, by a majority vote) shall appoint standing committees (each consisting of three members) and designate chairmen thereof, as follows:
(a) Finance;
(b) Public Service;
(c) Public Safety; and
(d) Village Rules and Administration.
(2) The President (or Council, by a majority vote) may at any time remove a member of any such committee appointed by him, her or it and appoint a new member to serve in place of the member so removed.
(G) Rule 7. Order of Business.
(1) The business of the regular meetings of Council shall be transacted in the following order:
(a) Roll call;
(b) Reading and disposing of journal;
(c) Reports and communications from the Mayor, directors of departments and other Village officials;
(d) Village Fiscal Officer's report;
(e) Communications, petitions and claims;
(f) Report of committees;
(g) Approval of bonds, contracts, plats, etc.;
(h) Ordinances and resolutions (first, second and third readings);
(i) Appointments and confirmations;
(j) Miscellaneous business;
(k) Announcements;
(l) Adjournment.
(2) 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 such ordinance, motion or resolution is objected to by a majority of the members present.
(H) Rule 8. Voting. Every member of Council present shall vote on any question on the call of the yeas and nays, unless excused by the unanimous consent of Council, and any member not being excused, who refuses to vote on any question when the yeas and nays are being taken, shall be deemed guilty of contempt of Council and may for such contempt be censured by a majority vote of Council.
(I) Rule 9. Reports of Committees and Officers. The report of any committee of Council, or Municipal officer, upon matters referred to by Council, shall be made in writing, and on forms supplied by the Village Fiscal Officer, and shall be accompanied by the original papers upon which such report is based, unless otherwise ordered by Council. If any matter referred by Council to any committee or officer is not reported upon within two weeks from the time of such reference, such matter shall be brought by the Village Fiscal Officer to the attention of Council, which shall take further action in the premises as it may deem best.
(J) Rule 10. Motions; When Debatable; Withdrawal. When a motion is made and seconded, it shall be stated by the presiding officer 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 decision if a majority of the members then present shall agree thereto.
(K) Rule 11. Division of Question. Any member may call for a division of the question, or the presiding officer may direct the same, and in either case the same shall be divided if it comprehends questions so distinct that if one is taken away, the other will stand as an entire question for decision.
(L) Rule 12. To Refer; Precedence. If 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.
(M) Rule 13. 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.
(N) Rule 14. Acceptable Motions; Order of Precedence.
(1) If 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.
(2) Such motions shall have precedence in the order in which they are arranged.
(O) Rule 15. Ordinances and Resolutions; Introductions.
(1) Proposed ordinances or resolutions shall be in the hands of all Council members at least 24 hours prior to the meeting in which they are presented. A member of Council proposing an ordinance or resolution shall deliver an original of such proposed ordinance or resolution to the Village Fiscal Officer, who shall make copies and distribute them to the members of Council. The Solicitor, if requested to prepare an ordinance or resolution, shall likewise comply with this provision.
(2) Ordinances and resolutions shall be introduced only by a member of Council present, with his or her name endorsed thereon, except such ordinances and resolutions as may be presented to Council upon written recommendation of some committee of Council.
(3) Emergency ordinances and resolutions maybe presented at a Council meeting without meeting the requirements of division (2) hereof.
(P) Rule 16. Referral to Committee on Rules and Administration. All ordinances of a general and permanent nature, except ordinances and resolutions for appropriation, before their final passage, may be referred to the Committee on Rules and Administration. It shall be the duty of such Committee, as to any ordinance or resolution so referred to it, to carefully compare the same with all existing ordinances, upon the subject matter thereof, and to report any discrepancy or conflict which may exist therewith. Such Committee shall also examine and report upon the form of such discrepancy or conflict and recommend the change necessary to remedy such discrepancy or conflict or to correct an error in form. If an amendment shall be made to an ordinance or resolution after the committee has reported thereon, it shall be recommitted to the Committee for further report thereon.
(Q) Rule 17. Referral to Other Committees. All reports, resolutions, ordinances or matters before Council for consideration, except appropriation ordinances, before their 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. Any such standing or special committee shall consider the matter thus referred to it and report thereon to Council without unnecessary delay. Any matter referred to a committee may, by a two-thirds vote of Council at any time prior to the report of such committee, be taken from the hands of such committee for consideration.
(R) Rule 18. Limitation on Debate or Discussion. 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 a person who has either been granted by Council the privilege to address Council or is present at a Council meeting on the invitation of Council. All such debate or discussion shall be governed by Robert's Rules of Order.
(S) Rule 19. Hearings Before Council. If an elector or taxpayer of the village, or any other person, desires a hearing on a matter pending before Council, application may be made therefor to Council and Council may, by a two-thirds vote, grant such public hearing by arranging for a special time and place therefor, which may or may not be during a regular or special meeting of Council.
(T) Rule 20. Resignation. The resignation of a member of Council shall not take effect until the same has been accepted by a vote of a majority of the members, exclusive of the person tendering the resignation.
(U) Rule 21. Robert's Rules of Order. In the absence of any rule upon the matter of business, Council shall be governed by Robert's Rules of Order.
(V) Rule 22. Amendments. These Rules of Council may be amended or altered, or new rules may be adopted, by a vote of a majority of all the members at any meeting of Council, on report of a committee to which the subject has been referred at a previous meeting.
(W) Rule 23. Suspension of Rules. Any or all of these rules may be temporarily suspended at a meeting of Council, by a concurrent vote of a majority of all members elected, except when a greater number is required by law or by these Rules. The vote on such suspension shall be taken by yeas and nays and entered in the journal. If any Rule has not been adhered to by Council, the same shall be regarded as having been suspended.
(X) Rule 24. Public Meetings; Notices.
(1) In compliance with R.C. § 121.22, all regular and special Council meetings shall be open to the public, except that those portions of Council meetings declared to be executive sessions, to discuss matters set forth in R.C. § 121.22 (G) (1) - (6), shall not be open to the public. A motion to hold an executive session may be presented either orally or in writing, must state the general terms for the motion, must be seconded and must receive a majority vote of the Council members present.
(2) All notices of special meetings of Council shall be given to each person filing a registration with the Village Fiscal Officer, indicating his or her name, the phone number at which he or she may be reached at any time, his or her address, and, if a representative, the name of his or her principal or employer.
(3) All notices of special meetings, unless subject to the emergency provisions of R.C. § 121.22 (F), shall be in writing unless time does not permit. If time does not permit written notice to be delivered to those persons so registered with the Village Fiscal Officer, then such notice shall be communicated verbally. The cost of transmitting such notices, whether in writing or verbally, shall be borne by the person registered with the Village Fiscal Officer in the manner the Village Fiscal Officer deems proper.
(4) Written notice shall be deemed transmitted when the Village Fiscal Officer delivers to the United States mail system such notice, and certifies such fact upon his or her records.
(`94 Code, § 121.01)