When an ordinance, resolution or motion is before Council, an adequate and reasonable opportunity shall be provided for all members of Council to be heard. However, in order to expedite business and to assure that a member of Council cannot effectively usurp Council's ability to conduct business, the following shall apply:
(A) Rules of debate.
(1) The President or President Pro-Tem or such other member of the Council as may be presiding shall recognize members and other persons who wish to address Council. Such person shall confine himself or herself to the question under debate, avoiding all personalities, refraining from impugning the motive of any other member's argument or vote and abstaining from the use of indecorous language.
(a) A member of Council shall not speak until recognized by the President or President Pro-Tem. This shall be accomplished by the member raising their hand.
(b) A member, once recognized, shall not be interrupted when speaking unless it is to be called to order, or as herein otherwise provided.
(c) No member of Council shall be permitted to speak longer than five minutes on any motion without permission of the President or President Pro-Tem, who may grant the member additional time without exception from Council.
(d) No member of Council shall be permitted to speak more than twice on any one motion until every member desiring to speak on that motion shall have had an opportunity to do so.
(e) Any member of Council granted the floor may yield to another member of Council, with limitations set forth in divisions (c) and (d) above.
(2) No person (member of Council or public) shall utilize the privilege of the floor before Council as a means for filibuster, prolonged speechmaking, delaying legislative action and/or obstructionist tactics. If such person engages in such behavior, he/she may be called to order by and subject to any and all powers due the President of Council (see Duty of President of Council, division (B) below).
(B) Duty of President of Council.
(1) The President of Council shall be the primary member of Council responsible to preserve order and decorum and confine members in debate to the question at hand.
(2) He/she may call any member to order who shall violate any of the rules and shall, when in the chair, decide all questions of order, subject to an appeal of Council made by at least two members. On such appeal, there shall be no debate, but the member(s) making this appeal may briefly state his/her reason(s) for the same, and the President shall have the same right to a similar statement. A majority vote of Council shall decide the appeal.
(3) The President shall avoid appearance of partisanship on any question. His/her function is to see that the business properly brought before Council is conducted in an orderly, professional, effective and timely manner and that the members of Council observe the rules of procedure.
(4) It is the duty of the President of Council to call a speaker to order. If a speaker is called to order, he/she shall cease speaking immediately, unless permitted to explain by the President. The question of order shall then be decided without debate, and if the decision shall be in favor of the speaker called to order, he/she shall then be at liberty to proceed with his/her speech without leave of the Council.
(C) Decorum.
(1) While Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council or disturb any member while speaking or refuse to obey the orders of the Council or its presiding officer, except as otherwise herein provided.
(2) Any person(s) making personal, impertinent or slanderous remarks while Council is in session shall be forthwith, by the presiding officer, barred from further attendance before the Council, unless permission to continue be granted by a majority vote of the Council.
(3) The Chief of the Police Department, or such member or members of the Police Department as he/she may designate, shall be Sergeant-at-Arms of the Council meetings. He/she, or they, shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting, including refusal of any person.
(D) Expulsion of members of Council. Council may punish or expel any member for disorderly conduct or gross violation of these procedures, regulations and rules of order, and declare his/her seat vacant for absence without valid excuse, where such absence has continued for two months. No expulsion shall take place without the concurrence of two-thirds of all the members elected and until the delinquent member has been notified of the charge against him/her and has had an opportunity to be heard.
(E) Protests against Council action. Any Council member shall have the right to have the reason(s) for his/her dissent from, or protest against any action of the Council entered in the minutes. This may be in protest against Council action in the form of motion, resolution, ordinance, etc.
(Ord. 99-3017, passed 5-20-99)