The rules of Council shall be as follows:
Rule 1. Oath of Office. All elected members of Council shall be administered the oath of office on or before January 1 following the election.
Rules 2. President of Council.
(a) Separate office. The President of Council shall be elected by a majority of Council members at the first meeting in each calendar year.
(b) Duties. The President of Council shall be vested with all of the rights and perform all duties and functions of any other member of Council.
(c) Acting Mayor. The President of Council shall act as Mayor as provided in Article III, Section 7(a) of the Charter.
(d) Vacancy in office. In case of a vacancy, the President of Council shall be elected by Council from among its members at the first meeting after such occurs.
(e) Acting President of Council. When the President of Council is temporarily unable for any cause to perform his or her duties for a certain event or time period, the Finance Committee Chair shall act as the President of Council with the same powers and duties as the President of Council, and shall continue as a Councilperson with all the powers and duties of a Councilperson for that event or time period. In the event the President of Council and the Finance Committee Chair are both unable to perform said duties, the Acting President of Council shall be the first available Chair of the Council Committee immediately following the Finance Committee as referenced in the Committee Assignments in effect at the time of the temporary absence.
(f) Planning Commission Chairman. At the second meeting of the calendar year, the President of Council shall appoint one member of Council to a one-year term as Chairman of the Planning Commission.
(g) Committee members. At the second meeting of the calendar year, the President of Council shall designate the members of the following standing committees: Safety, Finance, Service, Properties and Supplies, and Transportation and Youth Coordinating; such members shall be confirmed by a majority of the members of Council. The History and Archives Committee is a standing committee and its members shall be appointed pursuant to Section 121.021(c).
(Ord. 2023-129. Passed 12-5-23; Ord. 2024-008. Passed 1-16-24.)
Rule 3. Meetings.
(a) Regular meetings. Council shall hold at least two regular meetings in each calendar month, unless otherwise changed pursuant to Section 121.03.
(b) Public meetings. All meetings of Council, whether regular, special or emergency, or of its committees, shall be open to the public.
(c) Special meetings. Special meetings may be called by the Mayor or any three members of Council. There shall be given at least twenty-four hours' notice in writing of such special meeting, served personally on each member of Council or left at his or her usual place of residence or delivered via electronic mail. The notice shall state the subjects to be considered at the meeting, and no other subject shall be considered prior to the disposition of those for which such meeting was called, and no legislation shall be passed or adopted other than that pertaining to the subject or subjects contained in the notice of the meeting.
(Ord. 2021-101. Passed 6-15-21.)
(d) Emergency meetings. In the case of a local or national emergency, the Mayor or President of Council may call an emergency meeting without twenty-four hours' notice in writing. At such emergency meetings only ordinances dealing with the emergency shall be passed.
(e) Waiver of notice. The attendance at any special meeting of Council shall be considered as waiver of notice required by subsection (c) herein.
(f) Quorum. A majority of the members of Council elected thereto shall constitute a quorum to do business, but a less number may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance or resolution.
Rule 4. Removal. Council shall be the judge of the election and qualifications of its own members. Council may, by a two-thirds vote of all the other members elected to Council, expel or remove any member for gross misconduct, malfeasance, nonfeasance, misfeasance in or disqualification for office; for violation of his oath of office; for the conviction while in office of a crime involving moral turpitude; for persistent failure to abide by the rules of Council, or for absence without justifiable excuse from three consecutive regular meetings. Prior to any such action by Council, the accused member shall be notified in writing of the charge against him at least ten days in advance of any hearing upon such charge, and he and his counsel shall be given an opportunity to be heard, present evidence or examine any witness appearing in support of such charge.
Rule 5. Vacancies. Vacancies in Council shall be filled for the unexpired term by an appointment made by a majority vote of all remaining members of Council. Such appointment shall be made within thirty days after the next regular meeting following receipt of official notification of such vacancy. If Council fails to fill the vacancy within such thirty-day period, the Mayor shall make the appointment. Any Councilman appointed under the provisions of this Rule shall have all the rights, duties and obligations of any elected Councilman. Wherever there is a reference in these Codified Ordinances to Councilman or elected Councilman, it shall be deemed to include both elected and appointed Councilmen.
(Ord. 2015-052. Passed 5-5-15.)
Rule 6. Procedure.
(a) Legislation.
(1) All legislative action shall be by ordinance or resolution except when otherwise required by the Constitution or laws of the State. Council shall keep a journal of its proceedings which shall be a public record. At the desire of any member, the "ayes" and "nays" shall be entered upon the journal and upon the passage of every ordinance or resolution, the vote shall be taken by "ayes" or "nays" and entered upon the journal. No ordinance or resolution shall be passed without the concurrence of a majority of the members elected to Council. Every ordinance or resolution shall be read by title on three different days unless two-thirds of the members elected to Council dispense with the rule. No roll call vote need be taken on the suspension of the rule unless a vote is called for. Abstention votes shall be deemed to be neither a vote for nor against the legislation. All ordinances, resolutions, statements, orders, proclamations, notices and reports required by law, by the Charter or by ordinance to be published or posted, shall be posted at City Hall for a period of not less than fifteen days prior to the taking effect thereof, except as provided in Article IV, Section 11, of the City Charter, or published in such other manner as Council may hereinafter determine by ordinance or resolution. All legislation not passed or adopted by Council within one year from the date that such legislation is introduced in Council shall be null and void.
(2) Members of Council and the Mayor shall present requests, in writing to the President of Council, no later than 5:00 p.m. on the Thursday immediately preceding the meeting at which such legislation is to be introduced for the first reading or under suspension of the rules.
(3) All ordinances and resolutions shall be introduced in Council only in written, typewritten or printed form.
(4) All copies of ordinances and resolutions to be considered at any Council meeting shall be in the hands of, or delivered to, each member of Council no later than 12:00 noon on the Saturday immediately preceding the meeting at which such legislation is to be considered.
(5) Any ordinance or resolution for the appropriation of money shall designate the fund to which it is to be charged.
(b) Agenda. An agenda shall be prepared and approved by the President of Council for each regular meeting of Council and each Council Committee meeting of the whole. A copy of such agenda shall be delivered electronically, unless a hard copy is requested, to each member of Council no later than 12:00 noon on the Saturday immediately preceding the respective meeting. The Mayor, Law Director or any member of Council may have a matter or matters placed on such agenda. The President of Council must be notified electronically, unless a hard copy is requested, of all matters to be placed on the agenda by 5:00 p.m. on the Thursday immediately preceding the Saturday on which the agenda is delivered to the Council. The Clerk of Council must receive all drafted legislation from the Law Department by 12:00 noon on the Friday immediately preceding the Saturday on which Council is to receive the agenda. In the case of a clearly ascertainable emergency when there is not sufficient time to have a matter placed on the agenda pursuant to the above requirements, such emergency matter may be submitted to the Clerk of Council and added to the agenda up to the time the meeting is called to order.
(Ord. 2021-102. Passed 6-15-21.)
(c) Minutes. The minutes of every regular, special and emergency meeting of Council and every Council committee meeting of the whole shall be typed and presented by the Clerk of Council to each member of Council no later than the Tuesday next succeeding such meeting.
(d) Department, Commission and other Public Officer Reports and Communications.
(1) All department, commission and other public officer reports and communications shall be submitted to each member of Council by the second Tuesday of every month, save and except the Finance Director's report, which shall be submitted at the second regular Council meeting of each month as provided in the Charter. Council shall act with respect to such reports and communications where necessary, at the second regular meeting of Council every month, save and except the Finance Director's report.
(2) Council may, by majority vote, require any department head, commission chairman and/or other public officer to appear before Council for the purpose of rendering information in connection with the duties of his department, commission or public office.
Rule 7. Schedule for Conducting Business of Council. The President of Council shall prepare an agenda for each meeting as provided for in Rule 6. Only business listed on the agenda will be discussed at the meeting.
Robert's Rules of Order shall apply at all times.
The agenda shall be as follows:
The Mayor shall call the meeting to order at 7:00 p.m.
The Clerk shall call the roll.
Absent Council members shall be excused by motion.
Prayer.
Minutes of previous meeting.
Reports.
Communications read.
Requests from visitors:
If, during a regular meeting of Council, Council is considering the passage of specific legislation by dispensing with the rule requiring that the legislation be read by title on three different days, the Chairman of such meeting shall accept comments from the floor of Council chambers at the time such legislation is being considered, provided, however, that:
(a) Such comments must relate to such legislation only;
(b) A majority of Council may close further discussion from the floor at any time with respect to such legislation;
(c) A person may speak to such legislation from the floor only during the meeting that it is being considered; and
(d) A reasonable time limit, in the discretion of the Chairman of the meeting, shall be placed on the length of any comment or comments from the floor.
New business.
Old business.
Adjournment.
(Ord. 2015-052. Passed 5-5-15.)