1. Meetings of Council. Council shall meet for organizational meetings on January 1, following each municipal election, or within fourteen days thereafter. A copy of Council Rules shall be sent to new Councilmembers as soon as possible after each municipal election. Regular meeting dates shall be the second and fourth Mondays of each calendar month at 7:30 p.m. When a regular meeting date would fall upon a nationally recognized holiday, Council may at the regular meeting preceding such holiday date, by motion, set another day for a meeting to take the place of the regular meeting so falling on the holiday. The day or time of regular meetings may be changed by motion of Council at any meeting prior to the affected meeting. Council shall meet regularly at such times and places as Council may prescribe by rule at its organizational meeting after each municipal election as aforesaid. Special meetings may be held on the call of the Mayor or of four or more Councilmembers and whenever practicable upon no less than twelve hours notice. All meetings shall be public. However, pursuant to Rule 21, Council may recess for the purpose of discussing in a closed or executive session limited to its own membership and such other persons as Council by a majority vote upon its motion may invite or require to attend. The subject matter which may be disussed in such closed or executive session is any matter which would tend to defame or prejudice the reputation of any person or matters of confidential nature provided that the general subject matter for consideration in such closed or executive session shall be expressed in the motion calling for such session and final action thereon shall not be taken by Council until the matter is placed on the agenda for consideration and action at a regular or special Council meeting.
(Res. 85-01. Passed 6-24-85; Res. 87-01. Passed 9-14-87; Res. 95-02. Passed 1-3-95.)
PROCEDURE AT MEETINGS
2. Mayor. The Mayor, or in his absence, the Vice-Mayor, shall immediately call the members to order. The clerk shall call the roll of the members of Council and enter in the minutes of each meeting the names of the members present. Four members of Council constitute a quorum. The Mayor shall continue to serve as a regular Councilmember having a vote on all matters which come before Council.
3. Election of Vice-Mayor. Council shall, from its own membership, elect by roll call vote, a person to serve as Vice Mayor who shall serve a two-year term.
4. Absence of Mayor. In the absence of the Mayor, and the Vice-Mayor, the Clerk shall call Council to order; and the roll having been called and a quorum being present, council shall choose one of its members as presiding officer.
5. Duties of the Clerk.
(a) The Clerk of Council shall be appointed by a majority vote of the members of Council. The Clerk of Council shall serve at the pleasure of Council and may be removed from office without cause upon a majority vote of the members of Council. The Clerk of Council shall not hold any other office or employment with the Municipality, with the exception of serving as Finance Director, or Secretary, or Clerk for other Council-appointed Boards and Commissions. The compensation of the Clerk of Council shall be established by ordinance or resolution.
(b) The Clerk of Council shall perform those powers, duties and functions as required by Council, including but not limited to the following: Keep a record of the proceedings of council; refer all proposed ordinances and resolutions to the Director of Law for his review; maintain the codified Ordinances and resolutions and copies of each ordinance and resolution adopted by the Council; give required notices of Council meetings; advertise public hearings before council and other bodies of the Municipality as required by this Charter or by ordinance or resolution, and publish ordinances and resolutions as required by this Charter.
(c) In the event of the temporary absence or disability of the Clerk of Council, the duties of the Clerk of Council may be performed by another person within the employment of the Municipality as appointed by the majority vote of Councilmembers and such Acting Clerk of Council shall be entitled to additional compensation for performing the functions and duties of the Clerk of Council as determined by Council.
6. Chair to Preserve Decorum. The Chair shall preserve decorum and decide all questions of order, subject to the appeal of Council. In case of an appeal being taken, the question shall be: “Shall the decision of the Chair stand as the decision of Council?” If any member transgresses the rules of Council, the Chair or any member shall, call him to order, in which case he shall take his seat, unless permitted to explain.
7. Sergeant-at-Arms. Council may, from time to time, appoint a person to serve during the course of a Council meeting or for such other period of time as Sergeant-at-Arms, at no compensation. Such person shall service until replaced by Council. Such persons shall be charged with assisting, and at the direction of Council and its officers, maintain order and decorum during Council meetings.
8. Questions. All questions shall be stated by the Chair. The Chair shall call for a roll call following each motion of Council and shall thereon be recorded by the Clerk for the record. The Mayor and Vice-Mayor remain voting members of Council.
9. Seating of Members. All members shall occupy seats in the Council Chamber as designated by the Mayor.
10. Speaking Regulations. Each Councilmember shall confine himself or herself to the question under debate. No member shall speak more than once upon any one subject until every member choosing to speak shall have spoken. The Chair shall terminate the discussion.
(Res. 85-01. Passed 6-24-85.)
10A. Public Comment.
(a) Persons wishing to address the City Council at Regular or Special Council Meetings may do so during the “Citizens’ and Visitors’ Comments” portion of the meeting agenda. Each such person will be required to fill out in advance and submit to the Clerk of Council a short form provided by the Clerk at each meeting.
(b) Individual comments will be limited in duration to no more than five minutes. The Chair, in his or her discretion, extend this time for no more than an additional three minutes.
(c) The Chair shall limit discussion on any one subject to a maximum total of thirty minutes, unless a majority of the City Council members present agree, by Motion, to extend such time limit.
(d) The procedure for a person wanting to comment at public hearings before the Council shall be the same as above, with two exceptions: (1) the Chair shall place each person who wishes to speak under oath; and (2) the thirty minute-maximum-per-subject rule shall not apply.
(Ord. 1254. Passed 4-22-02.)
11. Voting; Quorum. Voting by Council shall be by roll call vote recorded in the journal. Four members of Council shall constitute a quorum, but a smaller number of Councilmembers than a quorum may adjourn from time to time, and during such adjournment seek out and communicate with absent Councilmembers and request their presence at a reconvened Council meeting to secure enough Councilmembers present to then constitute a quorum. Those absent Councilmembers so communicated with shall then attend the reconvened Council meeting or provide reasons to the satisfaction of those Councilmembers who were present initially as to why the absent Councilmember cannot, after such communication, attend a reconvened meeting. If it is the unanimous decision of those attending Councilmembers that the absent Councilmember is not justified in not attending the reconvened meeting, they may declare an unexcused absence to such Councilmember and no previous or subsequent actions by Council shall be sufficient in removing such determination and tabulation on the record of the absent Councilmember of the unexcused absence. No action of the Council except as otherwise provided herein and in Charter Section 2.06 shall be valid or binding unless adopted by the affirmative vote of four or more members of Council.
12. Excuse from Voting. Every member present when a question is put shall vote either “yes” or “no” until Council shall, for special reasons, excuse him. A member of Council shall abstain from voting stating his reason for abstention. An abstention shall be counted with majority.
13. Dissent. Any member may dissent from or protest against any ordinance or resolution of Council, and have the reasons entered upon the record. Such dissent may be verbal or in writing and shall be presented to Council at the next regular meeting following that of the passage of such ordinance or resolution.
14. Absence of Member of Council Meetings. A member, being absent for three consecutive regular meetings, and failing to be excused by majority vote of the members of Council, shall forfeit his office, if a motion causing such forfeiture is passed by majority vote of the members of Council at least thirty days after notice is given pursuant to Charter Section 2.11(B). A member who shall be absent from a meeting or meetings shall make such absence known in the meeting or meetings prior to such absence or absences. A member who does not advise fellow members at a Council meeting of such absence shall forthwith upon knowing that such member shall miss a meeting or meetings, notify the Clerk of Council supplying information as to which meeting or meetings shall be missed and the reasons for such absence or absences. The Clerk shall notify the other members of Council of such absence or absences. Council may, by affirmative vote of four of its members, excuse the absence or absences of a member conforming to the provisions in this section. The provisions in this section, including the excusal of a member from a meeting or meetings is subject to Rule 11.
(Res. 85-01. Passed 6-24-85.)
15. Order of Business.
(a) Call to Order.
(b) Pledge of Allegiance to Flag.
(c) Roll Call.
(d) Moment of Silence.
(e) Action on Minutes of previous meeting(s).
(f) Public hearing: Citizens and visitors comments.
(g) Legislation.
(h) Open Agenda.
1. Mayor.
2. Councilmembers.
3. City Manager.
(i) Executive Session (if necessary).
(j) Reconvene, (if executive session was held).
(k) Adjournment.
Recess may be called by the chair or on motion of the Council at any time. Roberts Rules of Order shall be followed with respect to any question or procedure not herein specifically provided for, unless waived by unanimous vote of Council.
(Ord. 1030. Passed 6-12-95.)
16. Agenda.
(a) The agenda shall be prepared and distributed by the Clerk of Council on or before the Friday preceding Council meeting night. Additional copies will be available at Council meetings.
(b) Any proposed legislation, or other matter, which is to be placed on the agenda for action by Council, shall be presented to the Clerk no later than 1:00 p.m on the Friday preceding the meeting. Any member of Council may add anything to the agenda prior to, or during the meeting. Rules of Council shall be adopted by ordinance and will be in full force and effect until repealed and/or amended by Council.
17. Drafting Legislation.
(a) Proposed legislation may be submitted by any member of Council to the Director of Law for review and approval as to form and legality, before submission to the Clerk of Council for further action as hereinafter provided. Such proposed legislation may also be delivered to the Clerk of Council in the absence or unavailability of the Director of Law. The Clerk of Council shall forthwith deliver such proposed legislation received from a member of Council to the Director of Law as soon as the Director of Law is available.
(b) Each member of Council shall be entitled a maximum of six hours per calendar year for consultation and assistance by the Director of Law in any matter pertaining to business of the Municipality. The respective Councilmembers and the Director of Law will be expected to keep time records to indicate compliance with this rule. The time allotted to individual Councilmembers is not transferable to other members and is not cumulative, extending over more than one year’s time. Time allowed by this rule may be adjusted in consultation with the City Manager and the assembled Council as needed.
18. Legislation - Ordinances. Ordinances may be introduced by any member of Council at any regular or special meeting. Every ordinance shall be fully and distinctly read on three different days, unless each member has previously been furnished a copy thereof, in which case it can be read by title only. By affirmative vote of five members of Council, Council can suspend the rule requiring the reading of an ordinance on three different days. Except as otherwise provided by the Charter, each ordinance approved by Council will be effective at the end of thirty days following passage, or such longer period as is determined by Council. If the Council determines that an ordinance should be passed on an emergency basis, the reasons for declaring such ordinance to be an emergency measure shall be set forth in one section of the ordinance, which section shall be passed only upon a yes and no vote upon a separate roll call with at least five of the membership voting affirmatively. No ordinance prescribing rates and charges by a public utility, or granting a franchise, or levying a tax, shall be passed as an emergency measure. An emergency ordinance shall become effective immediately upon passage, or at such later time as it may specify.
(Res. 85-61. Passed 6-24-85.)
19. Legislation - Resolutions.
(a) Resolutions may be introduced by any member of Council at any regular or special meeting. Resolutions shall require only one reading. A resolution, other than those resolutions set forth in Section 121.01 19(b), shall become effective thirty days after its adoption by the Council and shall be signed by the Mayor, or in his absence, the Vice-Mayor, or in the absence of both, the presiding officer.
(b) Resolutions of a commemorative, honorarium, or memorial nature may be introduced by any member of Council. Such resolutions shall become effective immediately on passage.
20. Legislation - Amendments. Resolutions and ordinances may be amended at any time; however, ordinances of a general or permanent nature which are amended after the second reading, shall be read as amended and laid over to the next meeting for final action.
(Ord. 1078. Passed 11-25-96.)
21. Motions of Council. Procedure for action by Council which does not require an ordinance or resolution:
(a) Brief statement as to what the motion is about and why the action is necessary.
(b) Motion and second required before discussion.
(c) Discussion.
(d) Vote on motion and majority votes are needed for passage.
22. Minutes of Meetings. The Clerk of Council shall keep a full and complete record of all regular, special and public Council meetings.
23. Executive Session.
(a) May ONLY be held at a regular or Special Meeting, and shall be limited to its own membership and others as provided by Rule 1, and shall be for the SOLE PURPOSE of considering any of the following subjects:
(1) Matters of a personal nature.
(2) Investigation of charges or complaints against public employees, officials, etc.
(3) Purchase or sale of public property.
(4) Conference with attorneys for disputes that are subject to pending or imminent court actions.
(5) Matters required to be kept confidential by Federal or State laws.
(6) Security arrangements if details disclosed could be used for the purpose of committing or avoiding prosecution, for the violation of a law.
A. Final action thereon shall not be taken by the Council until the matter is placed on the agenda.
B. General subject matter for consideration shall be expressed in motion for such a meeting.
24. Notification of Meetings.
(a) Notice of regularly scheduled meetings of the following bodies must be provided to the Clerk of Council:
(1) Council.
(2) Planning Board.
(3) Board of Appeals.
(4) Personnel Advisory Review Board.
(5) Board of Park Trustees.
(6) Architectural and Historical Review Board.
(7) Any other boards or commissions established by Council.
(b) The dates will be furnished to the news media, posted in the Clerk of Council’s office and given to the administration so the public may be informed.
(c) Meetings will be held in Council Chambers in the City Building, unless the Chair elects to move the meeting to another location.
(1) If a meeting is moved, a notice must be posted on Council Chambers doors directing public to the new meeting place.
(d) The twelve-hour advance notice for special meetings may be waived, but the news media must be notified of the meeting.
(1) Notice to news media of special meetings. Any news media that desires to be given advance notification of special meetings of a Municipal body shall file a written request with the Clerk.
(e) Any persons requesting notification of special or called meetings, or on a specific type of public business, shall reimburse the City for costs incurred.
(f) Contents on notification of meetings may be a copy of the agenda for the meeting.
(g) A reasonable attempt at notification shall constitute notification in compliance with these rules.
(h) A certificate by the Clerk or a member of the public body as to compliance with these Rules shall be conclusive for all purposes.
25. Committees of Council. Council shall meet for organization meetings on January 1, following each municipal election, or within fourteen days thereafter. At such organizational meeting Council shall, from its membership, appoint two Councilmembers to be members of the Safety Committee, two Councilmembers to be members of the Budget Commiteee, and two Councilmembers to be members of the Street Committee. Appointment to each committee shall be by a majority vote of Council. The Mayor and City Manager shall also be members of each of these committees.
26. Conflict of Charter. Provisions of the Charter of the Municipality shall prevail if any conflict arises between the Charter and these rules.
27. Adjournment. Shall be by motion of Council.
(Res. 85-01. Passed 6-24-85.)
28. The City Manager and/or City shall not deliver to Council unopened letters, boxes, or other correspondence when the City Manager or staff are delivering correspondence generated by the City to said Councilmembers.
(Ord. 1087. Passed 2-10-97.)