RULE 1. MEETINGS.
(a) Regular Meetings. Effective January 1, 2022 and thereafter, Council shall hold regular meetings on the second and fourth Tuesday of each month at 7:00 p.m. or at such time when Council Committee Meetings, scheduled prior to the Council Meeting, have concluded, unless otherwise provided by Council. The Clerk shall advertise the meeting(s) to indicate these start times. The Council will be in recess during the month of August.
(Ord. 101-2021. Passed 12-14-21.)
(b) Special Meetings. Special meetings may be called by a vote of Council taken at any regular or special meetings thereof, or shall be called by the Clerk of Council upon the request of the Mayor or President of Council, or three members of Council. Any such request shall state the time, place, and date thereof, and the subject or subjects to be City of Seven Hills considered. Notice in writing of each special meeting called at the request of the Mayor, President of Council, or three members of Council shall be given to each member of Council and the Mayor, by leaving a copy thereof at his or her usual place of residence or by serving on each of them personally, not less than twenty-four hours preceding the date and hour of such meeting. Service of such meeting may be waived in writing. (Article III, Section 5, Charter)
(c) Place of Meeting. All meetings, whether regular or special, shall be held at the Council Chambers of the City Administration Building and shall be open to the public. (Article III, Section 5, Charter)
(d) Holiday Meetings. When any regular meeting of Council occurs on a legal holiday, or the eve of a legal holiday, Council shall meet in regular session on the day following such holiday at the place and hour provided in subsection (a) hereof.
(Ord. 119-2010. Passed 1-10-11.)
(e) Absences from Meetings.
1. Council Members absent from regularly scheduled Caucuses, Council Meetings, or Committee Meetings as provided above shall be excused, at the discretion of the President of Council, or Committee Chairman, for the following reasons:
A. Death in the family (to cousin relationship).
B. Personal illness, not to exceed three a year.
C. Unexcused absences, not to exceed three in one year.
D. Absences as excused by the President or President Pro-Tem not to exceed three (3) in one year.
2. Council Members absent without just cause and not excused will forfeit, at the discretion of the President of Council, one hundred dollars ($100.00) pay for each such absence. Council Members shall be considered in attendance at any meeting where they attend such meeting for at least one-half of the meeting time.
(Ord. 30-2016. Passed 4-11-16.)
RULE 2. OPENING PROCEDURE.
(a) The President of Council shall take the chair at the time specified for Council to meet, call the members to order, and proceed with the order of business. In the absence of the President of Council, the President of Council Pro Tem shall perform such duties as are imposed upon the presiding officer. In the absence of the President of Council and the President of Council Pro Tem, a Councilman who is chosen by a majority of Councilmen present at the meeting shall take the chair.
(b) A President of Council and President of Council Pro Tem shall be elected at the first meeting of Council of each new year.
RULE 3. QUORUM.
A majority of all members elected to Council shall constitute a quorum to do business.
RULE 4. PRESIDING OFFICERS.
The Presiding Officer shall preserve order and decorum and confine members in debate to the question, and shall, when in the chair, decide all questions of order, subject to an appeal to Council on demand of two members. On such appeal there shall be no debate, but the member making the appeal may briefly state his reason for the same, and the Presiding Officer shall have the same right to make a similar brief statement.
RULE 5. ORDER OF BUSINESS.
The President of Council shall determine the order of business to be placed on the Council Agenda, and shall include, but not be limited to, the following: Invocation, Roll Call, Reading and Disposal of the Journal, Reports and Communications from the Mayor, Council Open to the Audience, Reports of Committees, Communications, Petitions, and Claims, Ordinances and Resolutions, Recess, Appointments and Confirmations, Reports and Communications from the Directors of Departments and other Officials, Miscellaneous Business, and Adjournment, and any other item deemed necessary by Council.
RULE 6. COUNCIL APPROVAL OF REQUESTS - LEGISLATION.
(a) All requests that require approval by Council shall be presented in accordance with the "Purchase Approval Procedures" set forth below on the form furnished by the Department of Finance. All requests for legislation shall comply with said procedure and said form shall also be used. The part of the prescribed form known as the Letter of Transmittal setting forth the reason for the legislation or approval request shall be completed and signed by the person requesting the legislation or approval request, or by the Committee Chairman of the Committee requesting such legislation or approval request.
1. Purchase Requisition. Department Head initiates Purchase Requisition Form with supporting documentation. Include three (3) bids/estimates, Department Head signature, and proper Contract or Agreement.
2. To Finance Department. Completed Purchase Requisition, with documentation, submitted to Finance Department.
3. Enter Request. Purchase request entered into system by Finance and transmittal form attached. Request emailed to Clerk of Council and hard-copied to Council Office.
4. Council Committee. Clerk of Council emails purchase request to members of appropriate Committee of Council for consideration. Matter heard in upcoming Committee Meeting.
5. Council Committee Approval. Hard Copy of request to Council Committee Chairman for signature (after Committee approval).
Council Committee Chairman returns request to Clerk of Council for documentation.
6. Finance Committee. Hard copy of Committee-Approved Purchase Request forwarded to Finance Committee of Council for consideration. Matter heard in upcoming Finance Committee Meeting.
7. Finance Committee Approval. Hard Copy of request to Finance Committee Chairman for signature (after Committee approval).
8. Council Action. Request returned to Clerk of Council (after approval by both the appropriate Council Committee and Finance Committee) for full-Council action - Consent Agenda or Legislation.
9. Execute Documents. Executed Request and Documentation, including contracts, returned promptly to Finance Department after final Full-Council approval.
10. Purchase Order. Purchase Order number issued after all documentation received.
(b) All legislation may be introduced either by the Mayor, a Councilman, or through proper Committee.
(c) All introduced legislation shall be referred to the proper Council Committee for a period not longer than thirty days from the date of referral, after which the person or persons requesting the legislation can bring the matter before Council at a Caucus Meeting and then such legislation will be placed on the Agenda of Council for further consideration and voting.
(d) In order that adequate time may be given to the preparation of legislation, the request shall be presented to the Law Director in writing. All legislation prepared by the Law Director shall be given a number and placed on the Agenda of the next regular meeting of Council.
(e) All requested legislation must be in the hands of the Clerk of Council on or before 2:00 p.m. the Thursday preceding the regularly scheduled Monday Council Meeting or such legislation shall not be placed on the Agenda.
(Ord. 119-2010. Passed 1-10-11.)
(f) The Clerk of Council must electronically, or hand deliver, or cause to be delivered to all members of Council such ordinances or resolutions no later than twenty-four (24) hours prior to the regular Council meeting.
(Ord. 43-2011. Passed 4-25-11.)
RULE 7. CAUCUSES.
(EDITOR’S NOTE: Former Rule 7 was repealed by Ordinance 175-2019, passed December 3, 2019.)
RULE 8. COUNCIL OFFICE.
(a) City stationery, supplies, and facilities of the Council Office shall be used for City business only.
(b) Personal correspondence shall be handled at Councilman's own expense.
RULE 9. COMMITTEE REPORTS.
(a) Committee Chairman shall limit his report to the duties and functions of his Committee.
(b) All other inquiries or remarks shall be brought out under miscellaneous business or directed to Department Heads at the time of their reports.
(c) Committee Meetings will be scheduled according to the Codified Ordinances of the City and notice of Special Committee Meetings shall be made twenty-four (24) hours in advance.
(d) The Committee Chairman shall be responsible for recording the minutes of each meeting, the action taken, the subjects considered, the members present, the guests present, and starting and ending times. Such minutes are to be filed with the Clerk of Council.
(e) The Committee Chairman shall be responsible for submitting the Committee reports to the Council Clerk, electronically or in writing, prior to the next regularly scheduled Council meeting.
(Ord. 119-2010. Passed 1-10-11.)
RULE 10. STANDING COMMITTEES.
(a) Appointment to Standing Committees. At the first regular meeting of Council after its organization, the President of Council shall appoint standing committees each consisting of three members, the first appointed to be Chairman, of the following committees:
(1) Finance, Civil Service and Personnel
(2) Planning, Zoning and Economic Development
(3) Public Works
(4) Police and Fire
(5) Parks and Recreation
(6) Rules, Ordinances and Ethics
(7) Community Services
The President of Council may at any time remove any member or members of any committee appointed by him and appoint a new member or members of such committee to serve in place of such members so removed. Each member, however, shall be appointed and serve on at least three committees. The Chairman of each committee shall have the authority to call special committees meetings as needed. (Ord. 157-2014. Passed 12-22-14.)
(b) Duties of Committees.
(1) Finance, Civil Service and Personnel. This Committee is responsible for all matters as outlined below:
A. Finance: Finance Committee is responsible for all finance matters of the City, including passing a balanced budget annually, and approving all City expenditures and appropriations. In addition to its regular meetings, the Committee conducts hearings on the General Fund budget and other issues that have a financial impact on the City. The Committee oversees and approves all fiscal matters relating to the City department.
B. Civil Service and Personnel: To which will be referred all ordinances, resolutions and other matters such as the approval of salary and wages, scales and other conditions of employment, civil service and pensioning of employees. The Committee considers appointments by the Mayor to various boards and commissions that require approval by Council; some appointments by the Mayor do not require Council approval. The Committee reports it recommendation to the full Council for a vote on an approval of the appointment.
(2) Planning, Zoning and Economic Development. This Committee is responsible for all matters as outlined below:
A. Planning and Zoning: To which shall be referred all ordinances, resolutions, and other matters relating to the City planning, the City Planning Commission, and matters relating to zoning. Also to which shall be referred all ordinances, resolutions, and other matters pertaining to the Building Code.
B. Economic Development: To which shall be referred all ordinances, resolutions and other matters relating to the development of vacant land, or to make better already developed land to enhance the appeal to outside businesses into the City of Seven Hills' therefore improving its economic development. This Committee also will decide on any matters that will seek to improve any already developed properties for the best benefit to the City of Seven Hills and promoting economic development.
(3) Public Works. This Committee is responsible for all matters as outlined below:
A. Engineering, Sewers and Water: To which shall be referred all ordinances and resolutions pertaining to the City's water supply, sewer improvements, sanitary sewage and, storm sewage, sewer improvement and sewage disposal, surface and storm water drainage and all taxes and assessments pertaining to sewers. Also, will include any projects that pertain to the Engineering Department and its personnel.
B. Streets: To which shall be referred all ordinances, resolutions, and other matters pertaining to street improvements, in and for the City. All ordinances and resolutions pertaining to streets and taxes, and assessments pertaining to street improvements.
C. Service Department: To which shall be referred all ordinances and resolutions pertaining to the improvement of our Service Department and purchasing of new equipment of any kind, services that are provided to the residents including but not limited to leaf pickup, snow removal and trash pickup. All matters that pertain to public/city buildings and/or properties.
(4) Police and Fire. This Committee is responsible for all referred ordinances, resolutions and other matters pertaining to police and fire matters pertaining to the enforcement of the Traffic Code and all ordinances and resolutions and other matters including but not limited to the purchase of equipment, vehicles and other such matters as pertaining to the running of the Police and Fire Departments.
(5) Parks and Recreation. This Committee is responsible for all referred ordinances, resolutions and other matters pertaining to the City Recreation Center, public parks, public recreation and playgrounds, public recreational buildings and any or all other public recreational facilities not otherwise mentioned.
(6) Rules, Ordinances and Ethics. This Committee is responsible for all referred ordinances, resolutions, ethical questions and other matters pertaining to the Rules of Council, and all ordinances, resolutions and other matters pertaining to County, State and Federal legislation affecting the City, such as annexations, Charter proposals and/or amendments, all initiative and referendum and redistricting. It is also the responsibility of the Rules, Ordinances, Ethics Committee to consider all ethical matters which may be referred to the Committee. Reviewing
ordinances and Charter amendments as appropriate. It is the Committees responsibility to approve all appointments prior to them being brought before all of Council. This Committee has as one of its responsibilities to make sure that person(s) working for the City in any capacity maintain the dignity of the job they are entrusted to do ethically.
(7) Community Services. This Committee is responsible for all referred matters relating to Community Relations, City Events and Senior programs and matters pertaining to senior citizen events sponsored by the City. This Committee shall have referred to it all ordinances, resolutions, contracts and matters pertaining to events such as Home Days, Fall Festival and Children's Christmas party and any other events sponsored by the City of Seven Hills.
(Ord. 109-2012. Passed 10-9-12.)
RULE 11. VOTING.
Every member 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 the Council.
RULE 12. SPEAKING.
No member shall be allowed to speak except while seated; and no member shall speak more than once until every member desiring to speak shall have had an opportunity to do so.
RULE 13. 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 and any such motion or amendment thereto may be withdrawn by the movers thereof at any time before decision.
RULE 14. DIVISIONS 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 one being taken away, the other will stand as an entire question for decision.
RULE 15. 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 16. TO ADJOURN.
The motion to adjourn shall always be in order, unless Council is engaged in voting.
RULE 17. ORDER OF PRECEDENCE.
When a question or proposition is before Council or under debate, no motion shall be received except the following:
(1) To adjourn;
(2) To recess;
(3) To lay on the table;
(4) For the previous question;
(5) To postpone for a certain day;
(6) To commit;
(7) To amend;
(8) To postpone indefinitely.
The motions shall have precedence in the order in which they are arranged herein. Motion to commit may not be reconsidered. Motion to adjourn or to lay on the table or for the previous question or to recess shall be decided without debate.
RULE 18. REFERENCE TO COMMITTEES.
If any amendment shall be made to any ordinance or resolution after a committee of Council has reported thereon, the ordinance or resolution may before its final passage be recommended to the committee for further report thereon. Any report, ordinance, resolution or matter referred to a committee may, by a majority vote of Council at any time prior to report of such committee, be taken from the hands of such committee for consideration and no report, resolution, ordinance or matter referred to committee shall be passed or receive final approval until a report has been made by the committee or unless taken from committee as provided in Council Rule 6(b).
RULE 19. PUBLIC HEARINGS.
During the regular order of business at any regular or special meeting of Council, no public hearings on any matter pending before Council shall be had except by consent of Council or the presiding officer.
RULE 20. SUSPENSION OF RULES.
These rules, or any of them, may be temporarily suspended at any meeting of Council by a concurrent vote of the 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 the yeas and nays and entered on the Journal. In case any rule herein shall not have been adhered to by Council, the same shall be regarded as having been suspended.
RULE 21. RESIGNATION.
The resignation of a member of Council shall not take effect until the same has been accepted by a vote of the majority of the members, exclusive of the person rendering the resignation, but the same must be acted upon by Council on or before the next regular meeting after the resignation is rendered.
RULE 22. ABSENCE OF RULES.
In the absence of any rule upon the matter of business, Council shall be governed by "Roberts Rules of Order".
RULE 23. READING OF ORDINANCES AND RESOLUTIONS.
(a) All legislative action by Council shall be by ordinance or resolution, except when otherwise required by the Constitution or the laws of the State, and shall be introduced in written or printed form. An affirmative vote of at least a majority of the members of Council shall be required for the passage of every ordinance or resolution. A written or printed copy of any ordinance or resolution shall be forwarded to each member of Council and to the Mayor twenty-four hours prior to the introduction thereof, and there shall be no authority to dispense with this requirement except by an affirmative vote by at least five members of Council. The Clerk of Council's certificate as to the giving of such notice shall be conclusive and the failure of delivery shall not invalidate any ordinance or resolution.
(b) Nonemergency ordinances and resolutions shall be read at three meetings of Council, two of which meetings must be regular meetings. The first and second readings of nonemergency ordinances and resolutions shall be by title only and the third reading shall be in full unless a majority of Council approves reading by title only. Emergency ordinances and resolutions shall be read only once and such reading shall be in full unless a majority of Council approves reading by title only.
(c) On the passage of every ordinance or resolution, or the suspension of any rule contained in this Rule, the vote shall be taken by yeas and nays and each Councilman's vote shall be entered on the Journal.
(d) No ordinance or resolution shall contain more than one subject, which subject shall be clearly expressed in its title. No ordinance or resolution shall be revised or amended unless the ordinance or resolution superseding it contains the entire ordinance or resolution so revised or amended, or the section or sections so revised or amended. Having been revised or amended, the original ordinance, resolution, section or sections shall be expressly repealed.
(e) All ordinances, resolutions, statements, orders, proclamations, and reports required by law or by the Charter or by ordinance to be published or posted shall be posted for a period of fifteen days after passage in the Municipal Building, Recreation Hall, and each of the other wards in a prominent public location in the City as determined by Council.
(f) Emergency ordinances and resolutions shall contain a statement clearly evidencing the immediate necessity for such action and shall state the nature of the emergency. Passage of emergency ordinances and resolutions shall require the approval of five members of Council.
(g) All ordinances and resolutions shall be introduced in Council only on the printed form prescribed by Council, and with the name of the person or persons introducing the same endorsed thereon. No ordinance or resolution shall be introduced affecting a particular ward, unless with the knowledge of the member of Council from such ward. Ordinances submitted by the initiative shall have endorsed thereon "Submitted by Initiative Petition".
(h) All Resolutions of Commendation shall be given for outstanding and/or heroic accomplishment. Resolutions of Commendation shall be presented at the Council Meeting to recipients of Commendations by the Council President. Only elected officials names shall appear on said Resolutions of Commendation for signature.
RULE 24. DISPENSING WITH READING OF-MINUTES.
By a majority vote of all the members elected to Council, the reading of the Minutes of prior Council meetings may be dispensed with, provided that such Minutes are in printed form and have been delivered to all Council members at least twenty-four hours prior to the current meeting date.
RULE 25. INVOCATION.
That all Council meetings shall be opened with a word of prayer or the Pledge of Allegiance to be given by some suitable person; such person to be appointed by the presiding officer, either for the term of this Council or for each Council meeting.
Ord. 119-2010. Passed 1-10-11.)
RULE 26. DECORUM.
(a) Councilpersons, City Staff and/or Administration.
(1) The Council President (and/or President Pro-tem in the absence of the President or Committee Chairman as appropriate) shall be responsible for the orderly conduct of business at each Council (Committee, Caucus and Business) meeting and shall preserve order and decorum at such meetings.
(2) Council members shall accord the utmost courtesy to each other, to administrative staff and to the public appearing before the City council and shall refrain at all time from rude, abusive, and/or derogatory remarks or those that reflect upon a person's integrity, motives or personality. Members of Council shall preserve order and decorum, and a member shall not by conversation or other means delay or interrupt the Council proceedings or disturb any other member while speaking.
(3) During Council (Committee, Caucus and Business) meetings cell phones are to be silenced. Use of cell phones on the dais by Council members and City staff should be avoided at all cost and should be silenced at all other times.
(4) If the Council President (and/or President Pro Tem in the absence of the President or Committee chairman as appropriate) determines that a violation of decorum by a council member has occurred, he or she can then issue a warning, recess the meeting or take other appropriate action to allow Council to resume the orderly conduct of city business. (Ord. 95-2012. Passed 10-9-12.)
(b) Audience/Residents.
(1) Each person addressing the Council shall rise, give their name and address in an audible tone of voice for the record and, unless further time is granted by the Council, shall limit their address to three minutes. All comments and remarks from the audience shall be addressed to the Council as a whole and not to any single member, unless in response to a question from such member. Any person attending or participating in a City Council (Committee, Caucus and Business) meeting shall avoid personal attacks and ill-mannered language. No persons in the audience shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, or other acts which disturb, disrupt or otherwise impede the orderly conduct of any Council (Committee, Caucus and Business) meeting.
(2) To preserve the dignity of Council (Committee, Caucus and business) meetings, cell phones of Audience/residents should be silenced during the course of the meeting.
(3) Any person who repeatedly fails to conduct themselves in the aforementioned manner following a warning from the Council President (and/or President Pro-Tem in absence of the President or Committee chairman as appropriate) may, at the discretion of the Council President, be ejected from the meeting. If that person refuses to leave the meeting the Council President (and/or President Pro Tem in absence of the President or Committee chairman as appropriate) shall call for a vote to recess the meeting and call for the police.
(4) The Council President (and/or President Pro-Tem in the absence of the President or Committee Chairman, as appropriate) shall be responsible for allowing Audience/Resident public comment during all Council (Committee, Caucus and Business) meetings, Civil Service, Planning Commission, and Zoning Board of Appeals meetings. The Council President (and/or President Pro-tem in the absence of the President or Committee Chairman, as appropriate) may regulate public comment in a manner that facilitates the business at hand but may not remove public comment from the agenda of Council (Committee, Caucus and Business) meetings, Civil Service, Zoning Board of Appeals, or Planning Commission meetings.
(5) The Council President (and/or President Pro-Tem in the absence of the President, or Committee Chairman, as appropriate) shall prohibit a member(s) of the audience from approaching the podium and/or dais without permission. Failure to do so will result in removal and ejection from the meeting. Each person addressing the Council, Civil Service, Planning Commission, or Zoning Board of Appeals at a meeting shall rise, approach the podium, give their name and address in an audible tone of voice for the record and, unless further time is granted by the Council, shall limit their address to three minutes.
(Ord. 157-2019. Passed 12-3-19.)
RULE 27. REVISIONS TO PROPOSED OR EXISTING LEGISLATION/CHARTER.
When new leigslation or Charter language is proposed, or if the proposed language change is to an existing ordinance or Charter item, the underline-and-strikeout method should be used in the document to communicate those changes. New wordings or punctuation is underlined; deleted wording is struck through. Existing language with no changes is not underlined or struck through.
(Ord. 104-2019. Passed 7-23-19.)