(a) Eligibility for Membership. Members of Council shall be electors of the Village for at least one year. They shall not hold any other public office or employment (exceptions are notary publics, members of State militia, State or County central committee member). They shall not be interested in profits or involvements of any contracts, jobs, work or service for the Village.
(b) Personal Liability. Members of Council, when acting in good faith, are exempt from personal liability for exercise of legislative discretion in voting on the proposed legislation.
(Hicksville v. Blakeslee 103 OS 508).
(c) Vacation of Office for Absence. Ohio R.C. 731.45 provides that a Council may declare a seat vacant if a member is absent without valid excuse for two months.
(d) Resignation. 1970 Ohio Attorney General Opinion 157 states resignation of a member of Council becomes effective when submitted to the Mayor and other Council members. Once it becomes effective, it cannot be withdrawn.
(e) Punishment and Expulsion. Ohio R.C. 731.45 provides Council may punish or expel any member for disorderly conduct or violation of its rules, but that no expulsion shall take place without the concurrence of two-thirds (2/3) of all the members elected and until the delinquent member has been notified of the charge against him and has had an opportunity to be heard.
(f) Manner of Filling Vacancy. Council fills vacancy by election among themselves for unexpired term. If they fail to do so within thirty days, the Mayor may fill the vacancy.
(g) Powers. Ohio R.C. 731.05 states that Council has no administrative duties as expressly prohibited from appointing or confirming any officer or employee from taking any action on contract other than giving authority for execution and making necessary appropriations. Council has only legislative authority. Ohio R.C. 731.48 provides that Council shall not enter into a contract that goes into full operation during term of all members.
(h) Meetings. Council shall meet in January of each year to elect a President pro tempore from its own number who shall serve until first meeting in January next year. Ohio R.C. 731.45 provides that Council determine its own rules and keep a journal of its proceedings. Ohio R.C. 731.46 provides that meeting be held at the place and time as prescribed by ordinance and open to the public. (Also see Ohio R.C. 121.22 et seq.) The Mayor or any three members may call a special meeting with at least twelve hours notice to each member served personally or at the member’s usual residence. (However, by Ohio R.C. 121.22, twenty-four hours advance notice must be given to news media that request notification except emergency requiring immediate action.)
(i) Executive Session. An Executive Session may be held only where a majority of quorum determined by roll call for the sole purpose of consideration of any of the following:
(1) Employee/employment issues.
(2) Purchase for public purposes if premature disclosure would give unfair advantage.
(3) Conference with attorney concerning disputes that are subject to pending or imminent court action.
(4) Preparing, conducting or reviewing negotiation or bargaining with public employees.
(5) Matters that must be kept confidential by law.
(6) Details of security arrangements.
(j) Ethics. Council members are subject to some ethical requirements of Ohio R.C. 102.01 et seq. They are not required to file financial disclosure of Ohio R.C. 102.02 (however they are subject to election laws). Ohio R.C. 102.03(3) states that “no present or former public official or employee shall disclose or use without appropriate authorization any information acquired by him in . . . his official duties which is confidential . . . and is necessary to proper conduct of governmental business.”
(k) Suggested Council Rules.
(1) An Official Agenda for each meeting shall be given to each Council member in a timely manner before each meeting. All parties wishing to present business shall be on the agenda with full disclosure of what they wish to present. Emergency rules to follow for items that reasonably could be on agenda.
(2) Order of business to be established and followed in discussion.
(3) Adoption of rules or order (Roberts Rules are the most common) for orderly discussion and votes.
(4) Rules for placing items on the agenda, including, but not limited to:
A. Full statement with documents to support for review.
B. Time limits to be on the agenda before the meeting.
C. Notice to Council before meeting so they can request more information if needed.
D. Notice to public on how to get on agenda.
E. People placing items on agenda to get time estimate for discussion. Also, if requested additional time from Council members for discussion.
F. Emergency rules for emergency situations.
(5) Reasonable limits on public discussion and Council discussion. If someone believes that they need more time to request in advance or upon meeting and vote by majority to allow it.
(Ord. 1995-15. Passed 10-9-95.)