[Amended 4-9-2001 by Ord. No. 7-2001; 3-8-2010 by Ord. No. 7-2010; 7-26-2021 by Ord. No. 55-2021]
A. The standard reference of Council shall be Robert’s Rules unless not specifically provided for by the Rules of Procedure herein.
(1) Quorum. A quorum of Council shall be four members present for the conduct of business. Council members participating by telecommunications device shall be counted to constitute a quorum.
(a) The telecommunication device used permits the member or members of Council not physically present at the meeting to:
(i) Speak to and hear the comments and votes, if any, of the members of Council who are physically present, as well as other members of Council who may not be physically present and are also using a telecommunication device to participate in the meeting; and
(ii) Speak to and hear the comments of the public who are present at the meeting.
(b) The telecommunication device used permits the members of Council and the members of the public who are present at the meeting or participating remotely to speak to and hear the comments and the vote, if any, of the member or members of Council who are not present at the meeting.
(c) Physical absence of a Council member. Council members can choose to participate remotely for four regular business meetings per year. The Council President can authorize additional remote participation at regular business meetings by telecommunication device for one or more of the following reasons:
(i) Illness or disability of the member of Council;
(ii) Care for the ill or child in the member's immediate family;
(iii) Emergency or inclement weather;
(iv) Family or business travel; and
(v) Schedule conflicts.
(d) There is no limit on Council's ability to participate remotely in committee meetings, Committee of the Whole (COW) meetings, and other sessions that are held.
(e) Nothing in this subsection shall be construed to limit the protections and prohibitions contained in any law or regulation relating to the rights of the disabled.
B. Business is conducted by acting on motions. Once a matter has been moved and seconded, no other matter shall be taken up until the main issue is disposed of.
(1) Rule No. 1. Disclosure of interest. A member who has personal or private interest in any question, measure, bill proposed or pending before the Council shall disclose that fact to Council and shall not vote thereon. If such interested person shall vote without disclosing his interest in such question, measure or bill, Council may avoid the enactment or transaction or not, as it deems best.
(2) Rule No. 2. Proposed amendments to these rules. Amendments to these rules must be presented in writing at a nonlegislative meeting of the Council held at least one week prior to the date when the same are to be finally considered. Amendments shall be adopted by the affirmative vote of the majority of all members of Council.
(3) Rule No. 3. Suspension of rules. These rules may be suspended by the affirmative vote of the majority of all members of Council present, but the suspension shall not extend beyond the adjournment. No rule of Council, which is also subject of legislative enactment, shall be suspended.
(4) Rule No. 4. Legislation.
(a) No rule, matter, bill or resolution shall be considered by Council unless a written memorandum, brief, resolution or bill is delivered to the City Clerk by 12:00 noon on the Wednesday preceding the meeting where the matter or legislation is to be considered, introduced or enacted/adopted by Council. The City Clerk shall furnish to the Mayor and all members of Council copies of all proposed resolutions and ordinances by posting the agendas on the website. [Amended 10-28-2013 by Ord. No. 51-2013]
(b) Legislation referred to or being considered by a Council Committee must be returned to the full body of Council for consideration with either a positive or negative recommendation. If the legislation is not returned in this manner, any three Council members may request that the full body, at a regular business meeting, consider the legislation.
(5) Rule No. 5. Voting.
(a) The vote upon any motion, resolution or ordinance will be taken by roll call. The City Clerk will clarify by reading aloud the content of the parliamentary motion, amendment, of the award of contract, ordinance or resolution before the roll call is taken.
(b) The yeas and nays of each Councilperson will be entered into the minutes. On the call of yeas and nays, no member shall be excused from voting as such, unless by the consent of the Council and the Solicitor, or if a bona fide conflict of interest exists as defined in Part 10, Code of Ethics, or other provisions of general law. Unless a member of Council is so excused or prevented from voting, the failure to vote shall be recorded as an affirmative vote.
(c) The City Clerk will rotate the order in which the roll is called after every vote with the exception of amendments to the main question.
(6) Rule No. 6. Duties of the presiding officer. The President of Council shall decide all questions subject to appeal by any two members of Council and have general supervision of the meeting. He shall determine the appropriate committee to which legislation and other matters shall be referred. The President of Council shall be the designated representative of the body and shall communicate the intentions of Council, with respect to professional service, contracts, legislative action and other matters, as needed.
(7) Rule No. 7. Reconsideration. A motion to reconsider a question shall be entertained only at the next legislative meeting following the one at which vote was taken. No second motion to reconsider the same motion shall be entertained.
(8) Rule No. 8. Motions to be entertained.
(a) All motions must be moved and seconded. When a question (or main motion) is under consideration, no motion shall be entertained except for:
[1] Adjournment.
[2] Previous question (2/3 vote).
[3] Lay on the table.
[4] To postpone.
[5] To commit.
[6] To amend.
[7] End debate.
[8] Call for the question.
(b) These questions have preference in the order given. The first three must be decided without debate. A motion to adjourn is always in order when the main question has been ordered put, when a member has the floor, or during a call of the yeas and nays.
(c) Motions for the previous questions to postpone or commit shall preclude amendment or debate upon the original subject. Motion to postpone shall preclude commitment.
(9) Rule No. 9. Rules of debate.
(a) Prior to debate, a bill or resolution must be placed on the table by a first and second motion of the body. The sponsor of the bill or the referring committee will have the first opportunity to make a statement. After which, each member of Council shall be entitled to make one statement on the proposed legislation. President of Council may also invite the Mayor and Managing Director to comment. All first statements shall be no longer than three minutes in length.
(b) Second statements or comments shall be entertained after each member present has been given the opportunity to speak one time and shall be no longer than two minutes in length. In the event no other Council member wishes to address the issue and no one moves to end debate or call for the question, debate will be allowed to continue. In general, it is expected that the body will make their remarks concise and focused on matter or issue proposed. Amendments or statements not relating to the question shall not be made. All such matters not relating to agenda items will be entertained after the Council business portion of the agenda.
(c) President of Council or presiding officer may, at his discretion, choose to limit debate time on each agenda item to 10 minutes, as stated in Roberts' Rules of Order.
(d) Members wishing to speak shall request recognition from the presiding officer, at which time other Council members shall not engage in dialogue or interrupt except for the following:
[1] Call for the orders of the day (when they are not being conformed to).
[2] Raising a question of privilege.
[3] Point of order (calling the member who has the floor to order or calling his attention to the fact that he is not observing the rules).
[4] Call for a separate vote on one or more subjects that are included in a single motion.
[5] Request or inquiry that requires an immediate response.
C. The body may override the presiding officer's decision on any procedural rule through the passage of a motion.