(a) Regular Meetings; Quorum. The regular meetings of Council shall be held in the Council chamber the first and third Tuesday of each month at 6:00 p.m.; and also, at such other times as may be fixed by a special order of adjournment. A majority of the members of such Council shall be present in person to form a quorum for the transaction of business.
(Passed 12-20-22)
(b) Suspension of Meetings. Council may, by a majority vote of all its members, suspend any one or more regular meetings, but in no case so as to prevent a regular meeting of Council at least once in every thirty days.
(c) Special Meetings. Special meetings of Council may be called by the Mayor or by any three members thereof. Special meetings of Council shall be called by an order directed to the Chief of Police or any policeman, signed by the Mayor or three members of Council and stating distinctly the matters of business for which such meeting is called. The Chief of Police or policeman receiving the same shall give notice to every member of Council in the Town and to every officer of the Town whose duty it is to attend such meetings and shall make proper returns of the signed order thereof to the Recorder, who shall enter the same in the Council minutes.
(d) Agenda. The agenda for regular meetings of the Town Council shall be posted in a public place for a minimum of three business days before the scheduled meeting time.
(e) Presiding Officer.
(1) Council shall be presided over at its meetings by the Mayor, or in his absence by the Recorder, or in the absence of both the Mayor and Recorder by one of the councilmembers selected by a majority of the members present, and such councilmember so selected as presiding officer shall exercise all the powers and discharge all the duties pertaining to the office of Mayor during the meeting for which such councilmember is so appointed and during the absence from the Town of the Mayor and Recorder. The presiding officer shall preserve order and decorum in Council and shall conduct its meetings in accordance with Robert’s Rules of Order. As such presiding officer he shall be entitled to a vote under the same circumstances as the Mayor would, were he present.
(2) The presiding officer shall have the right, in his discretion, to adjourn the meeting at any time. Such adjournnment shall be by striking the table with the gavel three times and declaring, "This meeting is adjourned."
(f) Member Out of Order; Appeal. If any member transgresses the rules of Council, the Mayor shall , or any member may, call him to order; in which case the member called to order shall immediately sit down and be silent, unless permitted by Council to explain, and Council, if appealed to, shall decide the matter.
(g) Questions of Order. All questions of order shall be decided by the Mayor or chairperson, subject to an appeal to Council. An appeal from the decision of the Mayor or chairperson upon a question of order shall be allowed to be put only upon the demand of a member besides the appellant. The question upon an appeal shall be put in the following form: "Shall the decision of the chair be sustained?"
(h) Record of Proceedings. Council shall cause to be kept in a well-bound book an accurate record of all its proceedings, bylaws, acts, orders and resolutions, which shall be fully indexed and open to public inspection.
(i) Mayor, Recorder and Council 's Vote. The Mayor and Recorder shall have votes as members of Council. The Mayor or, in his absence the presiding officer, shall vote last on all questions. Every member of Council present when a question is put, shall vote upon such question unless he is interested therein other than as an inhabitant of the Town, or unless Council shall, for special reasons, excuse him.
(j) When Motions to be in Writing. Every motion or proposition introduced before Council shall be reduced to writing if the presiding officer or any member of Council requires it; but while the motion or proposition is being reduced to writing other business may be proceeded with.
(k) Withdrawal of Motion. When a motion is made and seconded and stated by the presiding officer (or being in writing, read by the Recorder), it shall be deemed to be in possession of the Council; such motion may be withdrawn at any time before decision or amendment by the consent of Council.
(l) Minutes. At each meeting, the minutes of the preceding meeting shall be first read, unless the reading thereof is suspended by a majority vote of the members present and, being corrected if erroneous, shall be signed by the presiding officer and attested by the Recorder.
(m) Contents of Minutes. Minutes of all meetings except minutes of executive sessions, if any are taken, shall include, at least, the following information:
(1) The date, time and place of the meeting;
(2) The name of each member of Council present and absent;
(3) All motions, proposals, resolutions, orders, ordinances and measures proposed, the name of the person proposing the same and their disposition; and
(4) The results of all votes and, upon the request of a member, pursuant to the rules, policies or procedures of the Council for recording roll call votes, the vote of each member, by name.
(n) Order of Proceeding. The order of proceeding of the meetings of Council shall be as follows:
(1) Call to order.
(2) Pledge to the flag.
(3) Consideration of the minutes of the last meeting.
(4) Treasurer's report (including bills to be paid and financial report).
(5) Special speakers/presentations.
(6) Citizens.
(7) Unfinished business.
(8) Committee reports.
(9) Supervisor reports.
(10) Attorney's comments.
(11) New business.
(12) Permits.
(13) Adjournment.
(o) Suspension or Change of Order of Proceeding. The order of proceeding may be suspended or changed at any meeting, for the time only, by a vote of the majority of the members present.
(p) How Question to be Put. All questions shall be put in the form, "As many as are in favor of the motion" (as the case may be) "say aye; contrary, no" and in doubtful cases, or where an affirmative vote of two-thirds of the members present is necessary to carry the proposition, the Mayor may direct, or any member may call for, a division or roll call vote.
(q) Call for Previous Question. The call for the previous question shall be decided by the following proposition: "Shall the main question be put?" The call shall be admitted only upon the demand of two members and until decided shall preclude all amendment or debate on the main question.
(r) Division. Any member may call for a division of the question where the original question may be divided into two or more questions.
(s) When Ayes and Nays to be Taken; Amendments to Motions. The ayes and nays shall be taken and recorded upon any question before the Council upon the demand of any member; but such call shall not preclude amendments before the main question is voted upon. Amendments to motions shall be made during the period when the presiding officer calls for questions on motions, and such amendments shall be voted upon before the original motion or question.
(t) Entering Protest in the Minutes. Any member shall have the liberty to protest against any order or resolution of the Council which he may think injurious to the public or any individual and have the reasons of his protest entered in the minutes, but such protest shall not exceed one hundred words in length.
(u) Kinds of Motions; When in Order. When a question is before the Council no motion shall be received unless to amend, postpone or to commit the main question, or to adjourn; a motion to adjourn shall always be in order unless the Council is engaged in voting. A motion to adjourn or to table a motion shall be decided without debate, and an ordinance or resolution, after commitment (not rejection) and report thereon, may be recommitted at any time previous to its final passage.
(v) Committees.
(1) Appointment. All standing committees and all special committees shall be appointed by the Mayor.
(2) Standing committees. The standing committees of Council shall be as follows:
A. Sanitation committee.
B. Building committee.
C. Traffic committee.
D. Ordinance committee.
E. Street committee.
F. Finance committee.
G. Paving committee.
H. Beautification committee.
I. Zoning Board of Adjustment.
(3) Members; chairmen. Each of the standing committees shall consist of three members of Council unless otherwise ordered at the time of appointment, and the first member appointed upon any committee shall be the chairman thereof. Any committee may be called to meet by the chairman or any two members, or the Mayor.
(4) Reports. All formal repotts of committees shall be in writing, signed by the members or majority thereof, and if action by Council is required, shall specify, in the form of a resolution or ordinance at the close of the report, such action in the premises as the committee may recommend as proper for Council to adopt.
(w) Procedure to Secure Quorum. Whenever, at the time appointed for the meetings of Council, either in regular or special meetings, a quorum shall not be present, it shall be lawful for any three members who may be in attendance to order the Chief of Police or any policeman to take into custody the absent members, or any of them, and cause them to appear forthwith at the place of meeting and there to remain until the meeting adjourns or leave of absence is given. An order for bringing in an absent member shall be issued and signed by the Mayor or, in his absence by the Recorder or, in the absence of both, by three members of Council making such an
order. The same shall be in form and effect as follows:
STATE OF WEST VIRGINIA:
To the Chief of Police, or any policeman of the Town of Star City:
You are hereby commanded to take into custody member of the common council of the TOWN of STAR CITY, and bring him forthwith to the council chamber, to attend a meeting of such council appointed according to law.
(signed) _________ Mayor
or,
Members of Council.
(x) Leaving Meeting. No member shall leave a meeting without permission of the Mayor or presiding officer.
(y) Adjournment of Meeting until Obtaining Quorum. When at least three members of Council, and less than a quorum, have assembled at the time appointed for a meeting thereof, it shall be lawful for them to adjourn to a subsequent time and cause the Chief of Police or any police officer to give notice to the absent members of the time to which such adjournment has been made, requiring their attendance at such adjourned meeting. The same proceedings may be had to compel the attendance of any member at such adjourned meeting, as if the same were a regular or special meeting.
(z) Chief of Police to Attend all Meetings. The Chief of Police shall attend all meetings of Council, or cause another policeman to do so, and he shall perform such reasonable and lawful duties as may be required of him.
(aa) Member may not have Interest in Purchase. No member of Council shall become interested directly or indirectly in the purchase of any claim against the Town or of any voucher or order on the treasury.
(bb) Charges Against Officers; Removal of Officers. Charges against any officer in the Town shall be preferred in writing and verified by affidavit, and having been read, shall be laid on the table or referred to a committee for investigation without debate. Council may, for lawful cause, remove any officer of the Town by motion and vote thereon.
(cc) Tabled Matters. All business brought before the Council by motion, resolution or any other way and laid upon the table shall be considered as finally disposed of, unless taken from the table by order of Council at one of three next regular meetings following the meeting at which it was tabled.
(dd) No Member to Hold Another Elected Office. No member of Council of the Town shall while a member of Council hold any office required by law or ordinance to be filled by an election of such body. Any member of Council qualifying as an incumbent of any such office shall vacate his position and office as a member of Council.
(ee) No Officer or Employee to Contract Debt in Name of Town. No officer or employee of the Town or committee or member of Council of the Town shall contract any debt or debts either for labor or materials in the name of the Town and chargeable to the Town unless authorized to do so by motion, ordinance or by proper order or resolution of Council, which shall distinctly state the person or committee authorized to contract such debt, for labor or materials or both, and authorizing the expenditure of a maximum amount therefor. In no case shall such expenditure or expenditures exceed such maximum amount. In case any officer or employee or committee contracts such debt, unless authorized to do so, the Town may disclaim any liability therefor and shall refuse payment thereof; provided, that in cases of extreme necessity where the interests of the Town would be injured by delay, the Mayor may authorize such expenditures as may seem to him necessary, but in all such cases he shall report the same to Council at its next regular meeting. (1907 Code)
(ff) Disorderly Conduct Prohibited at Meetings of Council and Council Committees.
(1) It shall be unlawful for any person to behave in a boisterous or disorderly manner at any meeting of the city council or any committee of the council, or to cause any disturbance at such meeting, whether by force, shouting or other action tending to disrupt such meeting, or to fail or refuse to obey any ruling or order of the officer presiding at such meeting relative to the orderly procedure of such meeting.
(2) Boisterous or disorderly behavior within the purview of subsection (l) of this section shall include but is not limited to any of the following acts:
A. Contemptuous or insolent behavior towards the presiding officer or any member of the city council or committee of the council , or its clerk, or any other officer, while the council or committee is in session.
B. Any breach of the peace, willful disturbance, or indecent conduct in the presence of such council or committee while so engaged, or so near as to obstruct or interrupt its proceedings.
C. Violence or threats of violence to any member of such council or committee or any officer, witness or party going to, attending or returning from any council or committee proceeding in respect to anything done or to be done in the course of such proceeding.
D. Willful resistance to any lawful order of the presiding officer or sergeant at arms at any such meeting.
(3) The presiding officer of the city council or of any committee of the city council shall have plenary power to order that the council chamber or any part of the chamber and adjacent areas be cleared or any person ejected from the council chamber or adjacent areas in the event of disorderly conduct or disturbance which does or tends to interrupt or disrupt the orderly conduct of business by the council or its committee.
(Passed 2-14-17.)