It is necessary in order to conduct the business of Council that a system of rules be adopted and henceforth the following rules shall govern all regular and special meetings unless, by a majority vote of those present, such rules are suspended or modified.
Rule 1 - Meetings.
(a) Regular meetings of Council each year shall be held on the first and third Mondays of each month (but the first Mondays only in the months of July and August) commencing at 7:00 p.m. local time.
(b) Regular meetings of Council committees will be scheduled, commencing at 5:30 p.m., prior to regular Council meetings. When the matters to be considered by Council committee(s) are anticipated to require additional time, Council may, prior to that date, schedule the regular Council meeting to commence at a later time, following the committee meetings.
Rule 2 - Holiday Meetings.
When any regular meeting of Council falls on a legal holiday, or on election day, Council shall meet in regular session either on the day following, at the place and hour fixed by the rules governing the same, or as Council may otherwise determine.
(Ord. 2019-35. Passed 12-16-19.)
Rule 3 - Opening Proceeding.
The Mayor shall take the chair at the time appointed for Council to meet, and shall immediately call the members to order; he shall then cause the minutes of the preceding meeting to be read and disposed of, unless otherwise ordered by Council. In the absence of the Mayor, the President of Council shall perform such duties as are imposed upon the Mayor. In the absence of both the Mayor and the President of Council, Council may appoint a temporary chairman to conduct the meeting.
Rule 4 - Presiding Officer.
The Mayor shall preserve order and decorum, and confine members in debate to the question. He may in common with any other member, call any member to order who shall violate any of the rules, and shall, when in the chair, decide all questions of order, subject to any appeal to Council on the demand of two members. On such appeal there shall be no debate, but the member making the appeal may briefly state his reasons for the same, and the presiding officer shall have the same right to a similar statement. The presiding officer shall have no vote except in the case of a tie.
Rule 5 - President of Council.
Each year at the first meeting in January, Council shall select one of its members to serve as President of Council for the ensuing year. The person so selected shall present appropriation ordinances for payment of bills and shall, in the absence or disability of the Mayor preside over all meetings of Council with the same power and authority exercised by the Mayor.
(Res. 1976-57. Passed 1-3-77.)
Rule 6 - Standing Committees.
(a) No later than the first regular meeting of Council after its organization, the Mayor shall appoint standing committees each consisting of three members the first named to be chairman, of the following named subjects:
(1) Finance and Audit;
(2) Police and Safety;
(3) Public Works;
(4) Utilities;
(5) Ordinance.
(Res. 2001-20. Passed 5-7-01.)
(b) The Mayor, or Council by a majority vote, may at any time remove any member or members of any committee to serve thereon.
(c) The Finance Committee shall maintain general oversight of budgetary matters; shall review pending legislation to determine compliance with proposed expenditures or revenues and the effect on existing legislation and available funds; shall make recommendation to Council on financial affairs of the Municipality.
(d) The Police and Safety Committee shall be charged with oversight of police and safety departments; shall study matters of concern affecting these departments or the public safety and shall review legislation proposed making such recommendations as the Committee deems best.
(Res. 1976-57. Passed 1-3-77.)
(e) The Public Works Committee shall review the actions of the Public Works Department; shall study such matters as are referred to it with reference to maintenance or construction of streets, curb lawns or sidewalks and make recommendations to Council concerning the same. It shall also be charged with the responsibility to act in matters concerning the acquisition, use, maintenance, and upkeep of all municipally owned property; to review any legislation pertaining thereto and make such recommendations to Council as are deemed best.
(Ord. 2001-20. Passed 5-7-01.)
(f) Former subsection (f) was repealed by Resolution 2001-20, passed May 7, 2001.
(g) The Utilities Committee shall act as liaison between Council and utility suppliers; shall review matters referred to it by Council with reference to rates, service or facilities of any utility operating within the Municipality and make such recommendations to Council as are deemed best.
(h) The Ordinance Committee shall review newly introduced legislation to determine any discrepancy or conflict which may exist with present ordinances; to recommend any amendment to correct the discrepancy or conflict or to correct any error in form. This committee shall also be charged with a periodic review of ordinances to determine when a revision or recision should be effected and to make such recommendation to Council.
Rule 7 - Order of Business.
(a) The business of regular meetings of Council shall be transacted in the following order:
(1) Roll Call;
(2) Reading and disposal of minutes of preceding meeting;
(3) Payment of bills and expenses;
(4) Reports and communications from the Mayor, directors of departments and other Municipal officers;
(5) Communications, petitions;
(6) Reports of committees;
(7) Approval of bonds, contracts, plats;
(8) Ordinances and resolutions;
(9) Appointments and confirmations;
(10) Miscellaneous;
(11) Adjourn.
(b) The presiding officer may at any time permit a member of Council to introduce an ordinance, motion or resolution out of the regular order for the same, unless objected to by a majority of the members present.
Rule 8 - Voting.
Every member present shall vote on any question on the call of the yeas and nays, unless excused by the unanimous consent of Council, and any member not being excused, who refuses to vote on any question when the yeas and nays are being taken, shall be deemed guilty of contempt of Council, and may for such contempt be censured by a majority of Council.
Rule 9 - Legislation.
(a) When ordinances and resolutions are to be prepared by the Law Director , a request shall be submitted to the Law Director by the person so requesting. When they are prepared, they shall be given a first reading and referred to the committee concerned with the subject matter of the ordinance or resolution. The committee will then report the ordinance or resolution at the next Council meeting. Committees may also report ordinances or resolutions for first hearing. Each member of Council shall be furnished with a complete copy of any ordinance or resolution introduced.
(b) Council may accept or reject any committee report, in whole or in part. The Law Director has the responsibility of preparing legislation in the manner prescribed by law. The committees to which legislation is referred shall not concern themselves with the fulfillment of legal requirements. They will only determine whether the subject matter has been fully covered. Example: The Finance Committee may request certain salary adjustments be made. Council may approve the request and vote to have the necessary legislation prepared by the Law Director. The legislation at first hearing would be referred to the Finance Committee to determine whether all of the adjustments are included. Members and committees may prepare ordinances but they must be approved by the Law Director as to form before the third reading or a vote for passage.
(Ord. 2010-45. Passed 12-20-10.)
(c) Each ordinance or resolution shall be read by title only unless by majority vote, Council directs it to be read in full. A vote shall be taken at the time of the second reading. In the event that the measure fails to receive approval by a majority, the measure shall be considered to have been tabled.
(d) After three separate readings, the ordinance or resolution shall be ready for passage. A member then moves for its passage and a final vote is taken. If a majority approves the legislation, it shall be signed by the Clerk and presiding officer and shall take effect as provided by law. The Clerk shall record each vote by yeas and nays and enter the same upon the journal.
(Ord. 2012-06. Passed 4-2-12.)
Rule 10 - Suspension of the Rules.
If an ordinance or resolution is presented to Council requiring immediate action, the presiding officer should entertain a motion to suspend the rules. If three-fourths of the members approve the motion, the Clerk shall record such vote by yeas and nays on the journal and further readings thereof shall be dispensed with. The legislation shall then be ready for passage.
After a member moves for passage a vote will be taken by yeas and nays and recorded by the Clerk. If a majority of Council approves the passage of the legislation, it shall be signed by the Clerk and presented to the Mayor for approval.
Rule 11 - Effective Date of Legislation.
(a) Ordinances and resolutions which are passed in the ordinary course of business and which do not contain an emergency clause, shall take effect and be in force from and after thirty days after passage unless the ordinance or resolution contains a later date.
(b) Emergency ordinances and resolutions deemed necessary for the immediate preservation of the public peace, health or safety in the Municipality shall so state, shall contain the reasons therefor, and shall take effect immediately upon passage.
(c) Appropriation ordinances for current expenses of the Municipality shall take effect immediately upon passage.
Rule 12 - Reports of Committees.
(a) The report of any committee of Council, or Municipal officer, upon matters referred to by Council shall be made in writing and shall be accompanied by the original papers upon which the report is based, unless otherwise ordered by Council.
(b) If any matters referred by Council to a committee or officer are not reported upon within two weeks from the time of reference, such matter shall be brought by the Clerk to the attention of Council, which shall take such further action as it may deem best.
Rule 13 - Reference to Committees.
Any report, resolution, ordinance or matter before Council for consideration, except appropriation ordinances, before their final passage may be referred either to the standing committee to which the subject matter is most closely related, or to a committee specially appointed by the presiding officer. Any such committee shall consider the matter thus referred to it and report thereon to Council without unnecessary delay.
Rule 14 - Robert's Rules of Order.
In the absence of any rule upon the matter of business, Council shall be governed by "Robert's Rules of Order."
Rule 15 - Motions: Order of Preference.
When a question or proposition is before Council, or under debate, no motion shall be received except the following:
To adjourn,
To lay on the table,
For the previous question,
all of which shall be decided without debate.
Rule 16 - Amendments.
These rules may be amended or altered or new rules adopted by a vote of the majority of all members elected at any meeting of Council, on the report of a committee to which the subject has been referred at a previous meeting.
(Res. 1976-57. Passed 1-3-77; Ord. 2010-45. Passed 12-20-10.)