I. ORGANIZATION
Rule 1. Elective Officers
Elected officers of this Council shall be a President and Vice President.
Rule 2. Officers - How Elected
The officers of this body shall be elected by a majority of the duly elected members. Nominations shall be made from the floor. In the event no one is elected after two successive votes; the candidate receiving the fewest number of votes on the second vote and each vote thereafter, shall be eliminated as a nominee. The election shall continue by this procedure until one nominee receives four (4) votes.
Rule 3. Officers - Election at Organizational Meeting
The officers of this body shall be elected not more than (10) days after the commencement of the term of Council and before the first regular Council meeting. The organizational meeting shall be chaired by the Director of Law for the purpose of electing a President of Council. Upon electing a President of Council, such President of Council shall assume the chair in order to conduct the organizational meeting. All voting at the organizational meeting shall be by voice vote and secret balloting shall not be permitted. All elected members of Council shall cast a vote. A term of Council shall commence on January first of each even-numbered year and shall terminate on December thirty-first of the next odd-numbered year.
When an officer vacancy occurs, Council may, by majority vote, schedule and conduct at the next regular meeting, a reorganizational meeting to determine officers. Committee assignments shall be made pursuant to Rule 5. The reorganizational meeting shall be chaired by the Director of Law for the purpose of electing a President of Council.
Removal of an officer may occur at any time for cause, at a regular meeting of the Council, by a two-thirds vote of the members elected.
Rule 4. Council Vacancy - How Filled
A vacancy of a member of council shall be filled in accordance with the Charter of the City of Tallmadge.
Rule 5. Selection of Council Committees
The elected President at the first organizational or reorganizational meeting shall select the chairperson and vice chairperson of each Standing Committee and report such to Council no later than the next scheduled meeting of Council. Each council member, excepting President of Council, shall chair a Standing Committee assignment.
Rule 6. Standing Committees
The Standing Committees for Council shall be as follows:
Finance: Budget, appropriations and reappropriations, bonds, franchises, investments and expenditures;
Planning and Zoning: Land use, zoning, conditional uses, planning, economic and community development, public property;
Personnel: Personnel, labor relations, insurance claims, Rules of Council and State Statutes;
Community Issues: Parks and recreation, civic affairs, and liaison between Council and the Recreation Board and intergovernmental affairs;
Safety: Disaster services, communications, fire and paramedics, police and health;
Public Service: Streets, highways, sidewalks, buildings and improvements; water, sewer, electricity, gas, energy resources, recycle, waste, and trash.
II - MEETINGS - PROCEDURE AND CONDUCT
Rule 7. Meetings of Council
Regular Meetings of Council shall be held on the second and fourth Thursday of each month in the Council Chambers at Tallmadge City Hall at 7:00 p.m. By vote of two-thirds of the members elected to Council, at any Regular or Special Meeting called for such purpose, the Council may designate any other public place, public building, or format for the holding of its meetings, which complies with general law. Any Regular or Special Meetings of Council may be adjourned to meet at any time within three weeks. Any adjustment to the set schedule herein shall be approved by a majority of the members of Council at least twenty-four hours in advance.
Rule 8. Special Meetings of Council
The Mayor, Director of Law, Director of Finance, President of Council, or any three members of Council may call Special Meetings of Council upon at least twenty-four hours notice and agenda to each member served personally or left at their usual place of residence. No legislation shall be considered, discussed, or voted upon at any Special Meeting of Council u-nless that -legisiatiori was specifically described as the legislation for which the Special Meeting was called. No additional legislation may be added to the agenda for the Special Meeting. The notice required by law to be served upon each member notifying them of said Special Meeting shall contain a statement of business for the transaction of which such Special Meeting of Council is called. In addition thereto, if a Special Meeting of Council is called during a Regular Meeting of Council, no notice shall be required and the agenda may be served electronically.
In exigent circumstances wherein a state of emergency has been declared by the Governor, County
Executive, or pursuant to T.C.O. 509.12, any officer of the City or any member of Council may call a special meeting upon four hours notice for purposes of considering emergency action.
Rule 9. Executive Sessions
The Council may hold an Executive Session, from which the public is excluded, for any of the following purposes:
1. Certain personnel matters when specified in the motion to include the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of one or more public employees or officials;
2. Purchase, sale, or the development of real property where premature disclosure of information would give an unfair competitive or bargaining advantage to a person, or otherwise adversely affect the general public interest;
3. Imminent or pending litigation;
4. Collective bargaining matters, including preparing for, conducting, or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment;
5. Matters required to be kept confidential by Federal law or rules or State statutes;
6. Specialized details of security arrangements where disclosure of the matters discussed might reveal information that could be used for the purpose of committing, or avoiding prosecution for, a violation of the law;
7. Any other purpose authorized pursuant to Ohio Sunshine Laws.
An Executive Session may be held upon the determination by a majority or a quorum of the Council, by a roll call vote, to hold such a session, setting forth the general purpose or purposes for which such session will be held.
All formal action of Council, such as the enactment of legislation or the adoption of rules or recommendations, shall be taken in an open meeting.
All Executive Sessions, and the reasons therefore, shall be noted in the minutes of Council.
Rule 10. Opening Proceedings
The President of Council shall, at the time appointed by Council to meet, take the Chair and call the members to order. In the absence of the President of Council, the Vice President of Council shall perform these duties. Should the Vice President also be absent, the Law Director shall open the meeting and the Council in attendance shall appoint a temporary Chair for the meeting. The Clerk or designated person shall then call the roll and enter on the minutes the members present or absent at the meeting, and proceed with the regular Council procedure. In the absence of a quorum at the hour appointed for the meeting, the members present may by majority vote recess for a period not exceeding one hour. A quorum shall be a minimum of four (4) members.
Rule 11. Presiding Officer
The President of Council, or in his absence, the Vice President, shall have general control of the Council Chambers, shall supervise the Council and the employees and the preparation of the agenda for any meeting and shall preserve the order and decorum during the meetings and decide questions of order and may in common with any other member, call to order any member who shall violate the rules.
Rule 12. Order of Business
That the business of Council at all Regular Meetings shall be transacted in the following order with no deviation from such order without the consent of two-thirds of the Council:
1. Call to Order
2. Opening Prayer and the Pledge of Allegiance
3. Roll Call
4. Correcting and adopting the previous meeting minutes.
5. Financial Reports
6. Public Hearings
7. Community Input
8. Agenda Additions
9. Reports of Administrative Officers:
a. Mayor/Director of Safety
b. Director of Administration
c. Director of Public Service
d. Director of Economic Development
e. Director of Finance
f. Director of Law
10. Reports of Standing Committees of Council of the Whole:
a. Planning and Zoning
i. Third readings of Resolutions and Ordinances
ii. Second readings of Resolutions and Ordinances
iii. First readings of Resolutions and Ordinances
iv. Additional Items
b. Finance
i. Third readings of Resolutions and Ordinances
ii. Second readings of Resolutions and Ordinances
iii. First readings of Resolutions and Ordinances
iv. Additional Items
c. Personnel
i. Third readings of Resolutions and Ordinances
ii. Second readings of Resolutions and Ordinances
iii. First readings of Resolutions and Ordinances
iv. Additional Items
d. Community Issues
i. Third readings of Resolutions and Ordinances
ii. Second readings of Resolutions and Ordinances
iii. First readings of Resolutions and Ordinances
iv. Additional Items
e. Safety
i. Third readings of Resolutions and Ordinances
ii. Second readings of Resolutions and Ordinances
iii. First readings of Resolutions and Ordinances
iv. Additional Items
f. Public Services
i. Third readings of Resolutions and Ordinances
ii. Second readings of Resolutions and Ordinances
iii. First readings of Resolutions and Ordinances
iv. Additional Items
11. Reports of Special Committees
12. Announcements
13. Adjournment
If there are no applicable agenda items, they need not appear on the agenda. When Public Hearings are scheduled during a Regular Council Meeting, the presiding officer may adjust the Order of Business accordingly.
Rule 13. Minutes
It shall be the duty of the Clerk of Council or the Deputy Clerk of Council to furnish an accurate, summary record of all proceedings of Regular, Special, and Committee Meetings of Council to each member as soon as possible.
Rule 14. Conduct within the Council Chambers
While Council is in session at any Regular Meeting, Special Meeting, or Meeting of Council as a Committee of the Whole, the presiding officer shall have the authority to order the removal by the Tallmadge Police Department of any person or persons who refuse to obey the Rules of Council or disturbs or interrupts said meeting to the extent of preventing the transaction of business.
All electronic equipment distributed to members of Council remains the property of the City of Tallmadge. Records and communications thereon are subject to Ohio Public Records laws for retention and destruction. Members of Council shall exercise civility in using and reading from electronic devices.
Rule 15. Speaking by Council or Administration
No member of the Council or Administration shall be allowed to speak except from the Council inner rail and no member shall be allowed to speak longer than five minutes if some other member shall request the floor. No member shall speak more than once on the same motion until every member desiring to speak on that motion shall have had an opportunity to do so. While the member is speaking, no one shall interrupt him except the President of Council, who may confine the member to the rules or a member of Council to raise a point of order.
Rule 16. Questions and Motions
The President shall state and put all questions and motions and shall declare the results of all votes. All votes shall be taken by YES and NO. Every member shall vote yes or no upon the question unless previously excused from voting in accordance with Rule 24, before any vote took place.
The votes on all questions shall be by roll call voice vote and recorded as unanimous if no vote is made against the prevailing side. To call for roll call vote, the Clerk shall call the names of the members in alphabetically rotating manner; i.e., the first vote at each meeting shall be called alphabetically, but each succeeding roll call shall commence with the member who next succeeds in alphabetical order.
Rule 17. Previous Question
The previous question shall be stated as follows: "I move the debate be closed." If the motion is made, seconded, voted on, and carried, there will be no further amendment or debate and the question put immediately.
Rule 18. Reconsideration
Any member who was absent or voted with the prevailing side may move for reconsideration of any action of Council, excepting a measure which went into effect immediately upon passage. Such a motion for reconsideration shall be made no later than the next Regular Meeting after the action to which it relates was taken. No motion to reconsider shall be made more than once on any measure and such motion shall require a majority of all Members elected to Council in order to prevail. Any Member of Council may second such a motion.
"Prevailing side," as used in the foregoing action, shall mean the side, either yeses or noes, whose vote had the effect of passing or defeating the matter being voted on.
Rule 19. Protests
Any member of Council may protest against the action of the Council and upon request shall have his reasons for protest entered upon the Council Record.
Rule 20. Profane Language
The use of profane or vulgar language is forbidden either by the members of this Council body or by citizens or strangers in attendance.
Rule 21. Non-Members Addressing Council
Any person may address Council during Community Input for items not on the agenda, Public Hearings, or during the Reports of Standing Committees of Council of the Whole for up to two minutes.
Rule 22. Use of Council Chambers
The Council shall have the exclusive right to the use of the Council Chambers for Council or Committee meetings, although Council Chambers may be used by others upon permission of the Clerk of Council, when there is no conflict with Council use.
Rule 23. Conflicts of Interest or Refusal of Council Member to Vote
Each member of Council must vote on each issue at the designated time. Any determination of possible conflict of interest should be raised before the issue is discussed. Only those members who have been determined (by the Law Department) to have a legitimate conflict of interest may be excused by a vote of Council on such issue.
III - LEGISLATION - PETITIONS - CLAIMS
Rule 24. New Legislation
All material for legislation, which members desire to have prepared by the Law Department, shall be in the possession of the Law Department by noon on Friday preceding the Regular Council Meeting at which the legislation may be introduced.
The foregoing shall not apply to the preparation or presentation of legislation of an exigent nature to be considered at a Special Meeting of Council. A Councilperson may request a draft of the Ordinance before it appears on the agenda and not assign an Ordinance number until sponsor approval.
No one shall at any time request the Director of Law's Office to draft any Resolution or Ordinance unless specifically requested to do so by order of Council, or by a member of Council, except that the Mayor, Director of Law, Director of Finance, Director of Public Service or Director of Administration may request legislation to be put on the Council Agenda.
Rule 25. Amendments and Withdrawals
It shall be in order to amend an Ordinance or Resolution at any time. If an Ordinance or Resolution is amended at a meeting in which it appears on the agenda at 3rd reading, it shall revert to 2d reading after amendment at that meeting. Subject to law, legislation awaiting further action prior to enactment shall appear on the next succeeding regular meeting agenda as at 3rd reading. Addition or deletion of sponsors of an Ordinance or Resolution or the correction of minor spelling or punctuation errors shall not be treated as an amendment.
Any Ordinance or Resolution may be withdrawn prior to adoption at the request of the presenter(s) and upon motion, second, and vote by Council.
Rule 26. Council Record
The Clerk shall keep a Council Record, which consists of a list of Ordinances and Resolutions, consecutively numbered, giving the name of the sponsor, title, and final disposition thereof. Any member of Council may call for a reading of the record in part or in its entirety, which shall be answered by a citing of the committee references and the record of the progress of the measure or measures to date.
Rule 27. Publication and Advertising of Council Actions
The Council Clerk shall consult with the Director of Law to ascertain the necessary procedure for publication and advertising of all Ordinances, Resolutions, and other measures as required by law'.
Rule 28. Damage Claims, Zoning Changes
No damage claims, zoning changes, or requests for zoning changes shall be considered more than once in any 12 months after rejection by Council.
Rule 29. Referral
Prior to the meeting any Ordinance or Resolution first appears on the agenda, the President of Council shall refer the Ordinance or Resolution to the Standing Committee of Council handling that subject matter. The official First Reading of the Ordinance shall occur at the time designated in the Order of Business.
All Ordinances and Resolutions shall be read by title only and shall constitute a lawful reading thereof.
Rule 30. Petitions or Claims
No petitions or claims demanding money or the expenditure thereof shall be received by the Council unless made in writing and signed by the petitioner or claimant or his authorized agent. No Council action shall be taken unless the liability of the City shall have been ruled upon by the Director of Law.
Rule 31. Votes Required for Passage
Motions to adopt or reject legislation require a majority (4) vote. Failure to receive 4 affirmative votes on a motion to adopt or reject legislation does not defeat or approve legislation; such legislation may remain before the Council or be referred back to the appropriate Committee of Council.
Each Ordinance or Resolution for immediate enactment shall require the affirmative vote of a least three-fourths (6) of the total members of Council for its enactment. If it fails to receive the requisite three-fourths (6) affirmative votes, but receives the necessary majority (4) for passage as a nonimmediate enactment Ordinance or Resolution, it shall be considered passed as such and shall become effective as provided in the case of a non-immediate enactment Ordinance or Resolution.
Rule 32. Planning and Zoning Commission Referrals
No Ordinance which differs from the Ordinance recommended by Planning and Zoning Commission shall take effect unless passed by not less than two-thirds (2/3) or five (5) Members of Council. No Ordinance that is in accordance with the recommendation submitted by the Planning and Zoning Commission shall pass unless it receives at least a majority (4) vote of the Members of Council.
Any Ordinance recommended by the Planning and Zoning Commission that has not been adopted or rejected by a vote of Council after having been acted upon and having failed to obtain the required 5 votes to override the Planning and Zoning Commission recommendation shall become null and void at the end of the term of Council or 6 months from the date so acted upon, whichever should be first to occur.
Rule 33. Legislation Requiring Three Readings and a Public Hearing
The Council shall not enact any Ordinance or Resolution providing for the surrender of joint exercise of any of the powers of the City, the granting of any franchise, the enactment, amendment, or repeal of any zoning or building regulations, any change of any ward boundaries, any change ofthe boundaries of the City, or approval of the adoption, amendment, or repeal of any Civil Service rules and regulations, until three readings and a public hearing on said action shall have occurred. In the event that a public hearing is open at one meeting and continued to another, it shall be deemed properly noticed provided the new date is announced at the time the hearing is continued.
Rule 34. Immediate Enactment of Legislation
Each Ordinance or Resolution providing for the appropriation of money, an improvement petitioned for by a majority of the owners of property to be benefited and specially assessed therefor, or any Ordinance or Resolution, except an Ordinance or Resolution of the character described herein, as to which the Council provides, by the affirmative vote of three-fourths (3/4) of its members, for reasons stated in a separate section or preamble thereof, for the immediate effectiveness thereof, shall take effect, unless a later date be specified therein, upon its passage or adoption and approval by the Mayor, or upon the expiration of the time within which it may be disapproved by the Mayor, or upon its passage or approval notwithstanding the disapproval by the Mayor, as the case may be, as provided in Section 3.03 of the City Charter, and no such Ordinance or Resolution shall be subject to a referendum.
Any Ordinance or Resolution presented to Council, which contains the Immediate Enactment Clause shall be accompanied by a brief written explanation, which shall become a part of the Ordinance or Resolution, as to why immediate enactment of this legislation should be considered.
In addition, the person sponsoring the legislation shall be available at the regularly scheduled meeting of City Council to answer any questions.
IV - COMMITTEE PROCEDURE
Rule 35. Committee Reports - How Made
Reports of Standing Committees of Council of the Whole shall be presented by the Chairperson. Such reports shall be given at the time set in the Order of Business during Regular Council Meetings. Committees may use reports to discuss resolutions and/or ordinances; report activity of members of a committee; or discuss other City issues related to a committee's subject matters.
Rule 36. Special Committee Reports - How Made
Reports of Special Committees shall be presented by the Chairperson or their delegate. Such reports shall be given at the time set in the Order of Business at a Regular Business Meeting.
Rule 37. Committee of the Whole
All Standing Committees shall be "Committee of the Whole" whereas all members of council shall be a voting member of each committee.
V - RULES - AMENDMENTS - SUSPENSION
Rule 38. Governing of Council
In the absence of any rule upon any matter of business not provided for in the foregoing Rules or the Statutes of the State of Ohio, so far as provisions for the same are therein made, Roberts Rules of Order Newly Revised shall be the standard of parliamentary usage.
Rule 39. Amendments of Rules
The rules may be amended or altered or new rules adopted by a concurrent vote of two-thirds of the members of Council at any meeting of the Council on the report of the Committee to which the subject has been referred at a previous meeting.
Rule 40. Suspension of Rules
These rules or any of them may be temporarily suspended by a three-fourths vote of all of the members elected to Council.
Rule 41. Notices
Notices of all Council Meetings, Regular, Special, Committee or otherwise, together with the Agenda shall be posted at least twenty-four hours (24) prior to such meeting on the City of Tallmadge Website. Such notice shall give the time, place, and purpose of such meeting.
VI - MISCELLANEOUS PROVISIONS
Rule 42. Clerk of Council
Council may appoint a Clerk of Council and a Deputy Clerk of Council. Once these positions are appointed, those individuals shall remain in their positions at the will of Council until they retire, resign, the position(s) are eliminated, or it is deemed that they should be removed. The Clerk of Council shall be under the direct supervision of the President of Council who shall direct such person in the satisfactory performance of the duties of such Clerk. A vacancy in Clerk of Council or Deputy Clerk of Council shall be filled in the same manner as Rule 2 at any meeting of Council.
The Clerk of Council, in the performance of duties, shall give priority to the normal work of the Council before undertaking requests for work by any individual Council Member.
Rule 43. Council Correspondence and Documents
No correspondence, consisting of more than 10 pieces, and/or attached documents, signed by a Council member shall be distributed from the Tallmadge Municipal Building without prior approval from the President of Council.
All legislation shall be distributed by the Clerk to members of Council electronically unless paper copies are requested.
Rule 44. Ethics
Members of Council will not use their office or City of Tallmadge employees, equipment, supplies, or services for personal gain or advantage.
Council members shall conduct themselves in an appropriate manner during meetings or functions in which they represent the City of Tallmadge as benefits the office they represent.
Failure to abide ethical execution of their duties may subject them to censure, which may be called by any member of Council as provided by Rule 20.
Rule 45. Media
Requests for permission to broadcast, record, photograph, or televise within Council Chambers shall be in writing on a form prescribed by this Council to the President of Council as far in advance as reasonably practical but in no event later than one-half (1/2) hour prior to the scheduled meeting unless otherwise permitted by the President of Council.
Media representatives are responsible for pooling without involving Council in any way except to notify it of pooling arrangements. Television stations (including cable networks) and radio stations must decide which of them shall cover the proceedings and only one of each may then cover any one proceeding. The newsprint media must decide which of them shall cover the proceedings for photographic coverage, and only one photographer may then be allowed in Council Chambers at a time. If a dispute arises among or between the media representatives during any proceeding, the President of Council shall exclude contesting representatives from the remainder of the proceedings.
Media representatives must be in designated areas before Council convenes and may leave only during a recess, break, or adjournment. They are responsible for providing their own equipment, including sufficient leads to ensure ability to be stationed in the designated location. Only existing lighting within Council Chambers may be used. No flash lighting is permitted. Media representatives must wear appropriate attire while on City Council assignments.
Limitations:
(1) There shall be no audio pickup or broadcast of speech recognized as confidential or privileged by law.
(2) Individual attendees, other than public officials, may object to being filmed, videotaped, recorded, or photographed.
Upon failure of any media representative to comply with this rule, the President of Council may revoke the permission to record and/or broadcast the proceedings.
Rule 46. Electronic Devices
All cell phones, pagers, or other electronic communication devices must be on silent or vibrate modes during meetings of Council. Any person using such a device during a meeting of Council may be requested to leave Council chambers. Texting or silent communications are permitted as long as they do not disrupt the proceedings.
(Ord. 44-2021. Passed 4-22-21.)