Rule l, Meetings. Council shall meet and hold regular sessions on the second and fourth Monday evenings of each calendar month, provided that when a regular session falls on an official state and/or federal holiday, the regular session shall be held on the Wednesday evening following the official holiday. The starting time for all regularly scheduled sessions of Council shall be 6:30 p.m. Special sessions of Council may be called by the Mayor, Council President, or 3 members of Council, but all members shall have at least 24 hours notice before any special session of Council is convened.
(Ord. 5048-73, passed 4-23-1973; Am. Ord. 00-10-080, passed 1-8-2001; Am. Ord. 17-03-017, passed 6-26-2017)
Rule 2, President Pro Tem. The President, or in his or her absence, the President Pro Tem, shall call Council to order at the hour set out in Rule 1 of this section for the meeting. The President Pro Tem shall be chairperson of the Judiciary and Annexation Committee or in his or her absence the Chairperson of the Finance Committee shall preside as President Pro Tem. If both are absent, the Clerk of Council or any member may call Council to order, and, if a quorum is present, Council shall elect by vivi voce vote one of their number as President Pro Tem. When the President Pro Tem acts as the presiding officer, he or she shall be authorized to vote on any question presented to Council, unless he or she is directly interested in the question, in which case he or she shall not vote. The presiding officer shall inform Council on points of order or the course of proceeding when called upon for that purpose, or when he or she finds it necessary to do so.
(Am. Ord. 14-04-014, passed 4-28-2014; Am. Ord. 17-03-015, passed 5-8-2017)
Rule 3, Duties of presiding officer. The presiding officer shall cause the business of Council to be transacted as provided in Rule 21, provided that at a special or adjourned meeting the minutes need not be read. The minutes of a special or adjourned meeting shall be read and approved at the next regular session. If the minutes are correct and approved, the presiding officer shall forthwith sign the same. The presiding officer shall preserve order and decorum.
Rule 4, Voting. When a question is being voted upon, every member present shall vote thereon unless excused by the presiding officer, or unless he or she is directly interested in the question, in which case he or she shall not vote. The yeas and nays shall be called for on every ordinance or resolution and on any other matter or motion that the chair or members of Council may request.
Rule 5, Motions. Every motion, except to adjourn, postpone, or refer to a committee, shall be reduced to writing if the chair or any member requires it. When made and seconded, it shall be read by the Clerk of Council if written, and stated by the President if not written, and every motion stated shall not be withdrawn except by consent of Council.
Rule 6, Speaking.
(A) Every Council member, prior to speaking, shall raise his or her hand and address himself or herself to the President and say "Mr. President", but shall not proceed with his or her remarks until properly recognized and named by the President. No Council member shall speak more than 2 times on any question without leave of Council, and not more than 3 minutes at any 1 time.
(B) Members of the public may address Council when properly recognized by the President. The President shall recognize members of the public, and the public shall be allowed to speak not exceeding 2 minutes, on a specific subject, provided that their comments are pertinent and constructive to the discussion.
(Am. Ord. 00-10-080, passed 1-8-2001)
Rule 7, Permission to speak. When 2 or more members shall rise at the same time, the President shall name the member who shall speak first.
Rule 8, Attention to speaker. While a member is speaking or the Clerk of Council reading, no member shall hold private discourse or pass between the speaker and the chair.
Rule 9, Motion to adjourn. A motion to adjourn shall always be in order, except when a vote is being taken, and shall not be debatable.
Rule 10, Attention to President. When the President is putting the question, no member shall walk across or out of Council Chambers.
Rule 11, Question under debate. When a question is under debate no motion shall be in order, except to adjourn, to lay on table, postpone to a day certain, to refer to a committee, or amend or postpone indefinitely, which motion shall have precedence in the order stated above. If a demand is made by 2 members that the question shall be put, all amendments and further debate on the main question shall be precluded.
Rule 12, Motion precedence. A motion to refer to a standing committee shall take precedence over a similar motion for a special committee.
Rule 13, Referral to committee.
(A) Every ordinance or resolution that has been removed from the Consent Agenda shall be referred to the proper committee for consideration, except either of the following two instances for which an ordinance or resolution may be presented to City Council for consideration and action without referral to any committee:
(1) If the committee recommending provisions within a certain ordinance or resolution is also the proper committee to refer the subject ordinance or resolution to; or
(2) If an ordinance or resolution involves special street improvements that has already received a granted petition.
(B) If a resolution or ordinance is referred to the proper committee for consideration, said resolution or ordinance may then be presented to City Council for consideration and action from said proper committee only at a subsequent City Council meeting, except that if at least 2/3 of Council votes to act upon said resolution or ordinance during that meeting wherein the resolution or ordinance is referred to the proper committee, then said resolution or ordinance may be considered and acted upon by City Council at this same meeting.
(Ord. 4395-66, passed 9-12-1966; Am. Ord. 07-03-020, passed 04-09-2007; Am. Ord. 07-03-021, passed 4-9-2007; Am. Ord. 17-03-018, passed 6-26-2017)
Rule 13.1, Consent Agenda.
(A) Before every Council meeting a Consent Agenda shall be prepared with all proposed ordinances or resolutions to be voted on in that session contained in the Consent Agenda.
(B) The Consent Agenda shall first be approved by a motion and a second followed by a majority of all Council members.
(C) Any member of Council can remove any individual ordinance or resolution by a motion seconded by another member of Council followed by a vote of the majority of the Council members present.
(D) The approved Consent Agenda can be voted on the same evening as it is approved with a suspension of the Council Rules requiring three readings. The suspension of the Council Rules requiring three readings shall be by a three-fourths vote of the members of Council.
(Ord. 17-03-019, passed 6-26-2017)
Rule 14, Preparation of legislation.
(A) The Law Director shall prepare no ordinance, resolution, or motion unless he or she is first instructed by vote of Council.
(B) Any administration official desiring legislation to be considered by Council shall make a written application.
(C) Council members may request the proposed legislation be prepared as "Emergency Legislation". As "Emergency Legislation", the ordinance or resolution shall state the reason(s) emergency legislation was requested. An ordinance or resolution passed as "Emergency Legislation" shall become effective immediately upon the signatures of the Council President and the Mayor.
(Ord. 4987-72, passed 8-28-1972; Am. Ord. 00-10-080, passed 1-8-2001)
Rule 15, Certain ordinances to be read; exceptions.
(A) The following procedures shall apply to the passage of ordinances, resolutions, and motions of the city that are not contained in the Consent Agenda set out in Rule 13.1:
(1) Each ordinance and resolution shall be read by title only, provided the Council may require any reading to be in full by a majority vote of its members.
(2) Each ordinance or resolution shall be read on 3 different days, with the yeas and nays of each Council member recorded as to his or her advisory position, except that no advisory votes shall be taken on those issues where a public hearing is mandated; and it is provided that Council may dispense with this rule by a vote of at least 3/4 of its members.
(3) A motion by Council shall be read 1 time and be effective immediately upon passage.
(4) The vote on the passage of each ordinance or resolution shall be taken by yeas and nays and entered upon the journal.
(5) Each ordinance or resolution shall be passed, except as otherwise provided by law, by a vote of at least a majority of all the members of the legislative authority.
(B) Action by the legislative authority, not required by law to be by ordinance or resolution, may be taken by motion approved by at least a majority vote of the members present at the meeting when the action is taken.
(C) All legislation contained in the Consent Agenda shall be passed by a majority of the members of Council.
(Ord. 4395-66, passed 9-12-1966; Am. Ord. 5310-76, passed 1-12-1976; Am. Ord. 5529-78, passed 10-11-1978; Am. Ord. 00-10-080, passed 1-8-2001; Am. Ord. 09-03-038, passed 3-23-2009; Am. Ord. 17-04-020, passed 6-26-2017)
Rule 16, Reconsideration of a vote. When a vote has been taken, it shall be in order for any member voting on the side which prevails to move a reconsideration thereof at the time or at the next meeting of Council, prior to the approval of the minutes, unless in the meantime the matter under consideration has become a law.
(Am. Ord. 00-10-080, passed 1-8-2001)
Rule 17, Petitions, papers. All petitions and papers addressed to Council shall be filed with the Clerk of Council and all papers shall be endorsed by the name of the person filing same and the date of its filing.
(Am. Ord. 00-10-080, passed 1-8-2001)
Rule 18, Record of legislation. After an ordinance has passed, it shall be entered by the Clerk of Council in a volume kept for that purpose.
(Am. Ord. 00-10-080, passed 1-8-2001)
Rule 19, Clerk of Council; duties. The Clerk of Council shall keep a current journal of proceedings of Council, cause committees, members of Council and its officers to be informed of duties they may be charged with by Council from time to time and perform other duties that may pertain to him or her as Clerk. He or she shall permit no journal, volume of ordinances or resolutions, or papers to be taken from his or her files or out of his or her custody other than by the regular mode of business of Council; and if any paper in his or her charge is missing, he or she shall make a report to Council forthwith that the matter may be inquired into.
(Am. Ord. 00-10-080, passed 1-8-2001)
Rule 20, Order of business; minutes.
(A) The following shall be the order of business of Council and the President and the Clerk of Council shall be governed accordingly:
(1) Calling of roll;
(2) Consent Agenda;
Adoption of Agenda; (Becomes a Consent Agenda Item)
Correction and approval of minutes without reading; (Becomes Consent Agenda Item)
(3) Administrative Reports;
(4) Public Comment (moved to after administrative reports to lump together Public Comment and questions for administration);
(5) Committee Reports:
(a) All Committee Chairpersons shall make available to the Clerk of Council their Committee Minutes, and same shall become part of the Meeting Minutes;
(b) Comments or questions of Council Members; and
(c) Comments or questions of the Public. Report of Officials.
(6) Unfinished Business;
(7) New Business;
(8) Resolution and Ordinances; and
(9) Motions by Members.
(B) The Clerk is instructed and ordered to furnish each member of Council, at least 48 hours before the next regular Council meeting, copies of the minutes of previous regular meetings of Council and the minutes of any special meetings of Council held between regular meetings of Council.
(Ord. 4395-66, passed 9-12-1966; Am. Ord. 4952-72, passed 2-28-1972; Am. Ord. 00-10-080, passed 1-8-2001; Am. Ord. 23-02-016, passed 3- 27-2023)
(B) The Clerk is instructed and ordered to furnish each member of Council, at least 48 hours before the next regular Council meeting, copies of the minutes of previous regular meetings of Council and the minutes of any special meetings of Council held between regular meetings of Council.
(Ord. 4395-66, passed 9-12-1966; Am. Ord. 4952-72, passed 2-28-1972; Am. Ord. 00-10-080, passed 1-8-2001)
Rule 21, Business at special meetings. No business shall be transacted at a special session except that for which the meeting was called. This rule cannot be dispensed with.
(Am. Ord. 00-10-080, passed 1-8-2001)
Rule 22, Changing rules of Council. With the exception of Rule 21, these rules shall not be suspended, altered, amended, or rescinded, except by a vote of three-fourths of all members of Council. (Ord. 4395-66, passed 9-12-1966; Am. Ord. 00-10-080, passed 1-8-2001)
Rule 23, Standing committees. The following standing committees shall be appointed by the President of Council and shall serve during the full term of Council. The member first designated on each committee shall be the chairperson. The second designated on each committee shall be the vice-chairperson:
(A) Finance;
(B) Health Service and Safety;
(C) Judiciary and Annexation;
(D) Parks and Recreation;
(E) Properties and Equipment;
(F) Streets and Alleys; and
(G) Economic Development.
(Ord. 4935-71, passed 12-28-1971; Am. Ord. 00-10-080, passed 1-8-2001; Am. Ord. 10-03-016, passed 4-12-2010; Am. Ord. 17-04-021, passed 5-8-2017)
Rule 24, Parliamentary procedure. For the conduct of Council meetings in any other subjects not covered in these rules, Robert's Rules of Order shall be the authority on parliamentary procedure.
(Am. Ord. 00-10-080, passed 1-8-2001)
Rule 25, Conduct of standing committees. All standing committees shall be subject to call of the President of Council or chairperson of the committee. The President may rescind the committee assignment of any member who absents himself or herself from 2 or more successive meetings except in case of sickness or absence from the city.
(Am. Ord. 00-10-080, passed 1-8-2001)
Rule 26, Standing committee procedure. All matters referred to a committee shall be acted upon and shall be reduced to writing pursuant to Rule 27 as soon as practical upon receiving the committee assignment. (Am. Ord. 00-10-080, passed 1-8-2001)
Rule 27, Committee reports. The committee chairpersons shall use the Committee Minutes sheets and shall sign all written reports of the committees, however, any member of the committee may submit a written report in conjunction with the chairperson's Committee Minutes.
(Am. Ord. 00-10-080, passed 1-8-2001)
Rule 28, Expenditures. No ordinance, resolution, or motion involving the expenditure of money not already appropriated in the current year's budget shall be considered by Council unless it has been acted upon favorably by the Finance Committee and upon positive assurance or a certificate from the Auditor stating that there is money in the fund to cover the expenditure and duly appropriated for that purpose.
(Am. Ord. 00-10-080, passed 1-8-2001)
Rule 29, Payment by petitioners. All petitioners for franchises, the vacating of streets and alleys, accepting of plats, and detaching territory from the city limits shall file a written agreement and give proper security for the payment of all legal advertising charges on legislation passed and published for the benefit of the petitioners before the Clerk of Council has the legislation published.
(Ord. 4395-66, passed 9-12-1966; Am. Ord. 00-10-080, passed 1-8-2001)
Rule 30, Interpretation. These rules of Council shall be compliant with the Ohio Sunshine Law (R.C. § 121.22) for conduct of public meetings. Any Rule of this Council that is or shall become non-compliant with the Ohio Sunshine Law shall be modified or deleted.
(1981 Code, § 30.01) (Ord. 00-10-080, passed 1-8-2001)
Statutory reference:
Open meetings, see R.C. § 121.22