(a) Meetings.
(1) The Mayor is the President of Council, and presides at all regular and special meetings of Council. However, he has no vote except in the case of a tie.
(2) The President Pro-Tempore of Council is generally referred to as the President of Council. The President Pro-Tempore may vote upon measures coming before Council while he/she is presiding in the absence of the Mayor.
(3) Special meetings: Special meeting of the Council may be called by the three members of Council upon at least 24 hours notice to each member and required 24 hour public notification. Meetings may be called according to the Ohio Revised Code. As a courtesy, plans for extended absences by elected officials should be shared with the administration office.
(4) Excused absences: During a meeting no member shall be excused while Council is in session except upon permission of the Council President or Mayor.
No member shall be excused from attendance at a regular or special Council meeting except upon request to the President or President Pro Tem and, lastly, upon notification to the Village Fiscal Officer prior to such meeting or incorporating into the agenda or rescheduling the meeting.
(5) Public hearings will not normally be an agenda item for regular Council meetings. Budgetary hearings are the exception.
(Ord. 7-1-2004-1. Passed 10-12-04.)
(b) Rules of Conduct.
(1) All meetings of Council shall be called, held and conducted as prescribed by:
A. The Ordinances and Resolutions of the Village of Windham.
B. The Rules of Council.
(2) Council may, by a two-thirds vote of its members present at the meeting where the action is proposed, suspend the operation of any rule either as to any meeting or any measure pending, except legislation, before it. Except as otherwise provided, the proceedings of Council shall be governed by Robert’s Rules of Order.
(3) The Council may expel any member for disorderly conduct, conduct unbecoming to a Council member and/or violation of its rules, and declare the seat vacant for absence without valid cause, where the absence has continued for two months. No expulsion shall take place without the concurrence of 2/3 of all members elected, and until the delinquent member has been notified of the charge against them, and has had an opportunity to be heard.
(Ord. 2015-3. Passed 3-24-15.)
(c) Council Officers.
(1) At the first meeting in January following a municipal election, or as soon thereafter as possible, or as required, Council shall elect from its own members, a President Pro-Tempore of Council who serves for a one-year term. The President Pro-Tempore is the acting Mayor upon the absence of the Mayor, and becomes the Mayor upon the office being vacant. In the absence of the President of Legislative Authority (Mayor), and the President Pro-Tempore of Council, the Council member who has the longest consecutive tenure of office shall preside. The presiding officer of Council shall have the right to participate in the proceedings, and shall have the same voting rights as all other regular members of Council.
(Ord. 7-1-2004-1. Passed 10-12-04.)
(2) Council meeting date to be set and designated at organizational meeting each year. (Ord. 0-2006-21. Passed 11-20-06.)
(3) Council may hold a special meeting/workshop one hour prior to the start of regular scheduled meetings. These special meetings are “workshops”, and as such are called for the purpose of education and acquaintance with issues that may or may not come before Council in regularly schedule session. They are open to the public, governed by the sunshine law, and no binding decisions may be made during these workshops. These special meeting/one-hour workshops shall be announced as early as possible, preferably at the preceding months regular scheduled meeting, or as part of the yearly calendar.
(Ord. 7-1-2004-1. Passed 10-12-04.)
(4) The Village of Windham Council Representative to the WVFD Joint Fire District Village Fire District shall be selected by election at the first council meeting in January each year. Any member of Council shall have the right to nominate a Council Member for the position of Village Council Representative to the WVFD Joint Fire District and any number of candidates may be nominated. After the nominations are enclosed, an election shall take place. A simple majority of those voting is needed to be elected as the Windham Village Council Representative to the WVFD Joint Fire District. The individual elected as the Council Representative to the WVFD Joint Fire District shall automatically also serve as a member to the Village Council Safety Committee.
(Ord. 2009-43. Passed 1-26-10.)
(d) Order of Business.
(1) Agenda: All business for transaction by the Council must be in the Administration office no later than close of business for 2 working days prior to the meeting. The Council members will review the agenda for any final adjustments at the beginning of the meeting.
The agenda for all meetings of Council shall be prepared by the Village Fiscal Officer under the guidance of the Mayor and Council President and presented to Council with the packet of supporting information. The Council Members will review the agenda for any final adjustment at the beginning of the meeting.
Committees shall try to provide copies of whatever supporting material is available that is germane to the discussion of items on the agenda. In the absence of supporting material, a briefing paper should be prepared to afford Council the opportunity to ask questions:
The name of the sponsor (committee or Mayor) shall be identified by the agenda item.
(2) The business of regular meetings of the Council of the Village of Windham shall be transacted in the following order:
A. Mayor calls meeting to order
B. Pledge Allegiance to the Flag
C. Roll Call
D. Minutes from Previous Meeting
E. Financial Report VFO
F. Council President’s Report
G. Police Report: Safety Committee Chairperson
H. Fire Report: Safety Committee Chairperson
I. Mayor’s Communication
J. Prior Request of Guest to Address Council
Committee Reports
K. Finance and Audit Committee
L. Safety
M. Utility
N. Streets/Sidewalks
O. Building/Properties/Housing Code
P. Planning and Zoning Commission
Q. Park & Recreation
R. Economic Development and Long Range Planning
S. Records Commission
T. Solicitor’s Report
U. Guest Recognitions: Name and address must be stated and remarks are limited to three minutes. Citizen will be acknowledged by raising their hand and the presiding officer will call on the individual(s).
V. Executive Session: Should executive session be called. The agenda will give the reason for the session from one or more of the approved purposes listed under the Ohio R.C. 121.22. The reasons need not include the name of any person to be considered.
W. Adjourn.
(3) When the Mayor of the Village of Windham is present, the President Pro-Tempore of Council shall yield to the Mayor (President), and allow him or her to preside over regular scheduled Council meetings, in accordance with and enforcement of Council Rules, as provided for herein, and as provided by law in accordance with Ohio R.C. 733.24.
(4) These Rules shall serve as the Agenda in the absence of a prepared Agenda for the regularly scheduled Meeting of Council. (Ord. 7-1-2004-1. Passed 10-12-04.)
(e) Voting and Motions.
(1) Legislation Voting Requirements: Regular = 4 members
Emergency = 4 members
Suspension of 3 readings = 5 members
Definitions: Quorum = 4
Majority = 4
2/3 = 4
3/4 = 5
Voting: All members shall cast a vote on a measure unless forced to abstain due to a conflict of interest. Unless a member of Council states that he/she is not voting, his silence or failing to respond to a roll call shall be recorded as an affirmative vote. An abstention may be questioned as to the nature of the conflict of interest. In the event of an abstention due to a conflict of interest the disqualification is treated as a vacancy because the member is not qualified to act. When an office is vacant, the number of members is reduced accordingly for all purposes.
(2) Motion voting requirements: Action by motion shall only require a majority of the members present.
(3) Any question shall be divided if it comprehends a question so distinct that if one is taken away, the other will stand as an entire question for decision. Any member may all for, or the President may direct, division of any question when it is believed such division will make for expedition of clarity.
(Ord. 2015-3. Passed 3-24-15.)
(f) Official Reports.
(1) The original report or communication shall be retained by the Village Fiscal Officer and placed on the permanent record of Council.
(2) Council members shall type and/or prepare their own reports and documents and can reproduce them on the copier equipment in the Village Office.
(g) Permitting Non-Member to Speak.
(1) Under guest recognition of the agenda the President may recognize any non-member for the purpose of addressing Council on any question then pending, or on any matter on which Council action is desired. In such cases, the person recognized shall address the chair, state his or her name and address the subject matter he or she desires to discuss. Remarks must be confined to the merits of the subject at issue. Speakers must be courteous and avoid discussion of personalities.
(2) If an item is brought to the attention of Council that could best be dealt with by staff or committees (and does not require immediate action) the matter shall be referred to the committee or staff member for investigation and resolution and reported on at the next regular Council meeting.
(3) Persons with specific topics to present before Council are encouraged to submit a written request to the Mayor or any Council member as time limits may not allow for discussion. A sign in sheet will be provided at each meeting so person with a specific topic for discussion will be guaranteed an opportunity to speak. The person addressing Council must state their name and address before beginning with their remarks.
(4) Except by permission of Council, speakers shall be limited to three minutes, unless profanity is used, or personality challenged, in which case, the non-member’s time shall cease immediately, and the President and/or the President Pro-Tempore shall intervene. Upon exception, the President Pro-Tempore will delineate the additional time allotted. If discussion is constructive to the issue the presiding office shall have the flexibility to extend the time.
(5) The time allotted will be monitored by the recorder, or his/her appointee, or monitored by the speaker himself, or herself, as deemed necessary by the presiding officer.
(h) Emergency Ordinances. If an emergency ordinance or resolution fails to receive a two-thirds (2/3rds) affirmative vote of all members elected or appointed to Council, such a measure shall cease to be before Council as an emergency measure, and shall have the standing that such measure would have had if it had been similarly read or voted upon as an ordinary measure instead of an emergency measure. (Ord. 7-1-2004-1. Passed 10-12-04.)
(i) Reading of Legislation. As required by Ohio R.C. 731.17, no ordinance or resolution shall be passed until it has been read by title on three (3) separate meeting days, unless the reading on three (3) separate days has been dispensed with by a three-fourths vote of all members of Council.
(Ord. 2009-10. Passed 6-23-09.)
(j) Amendments to Council Rules. The Council Rules set forth may be amended or altered, or new rules adopted, by a vote of the majority of all members elected or appointed to Council, present at any meeting of the Council, on the report of the Committee to which the subject has been referred at a previous meeting. In the absence of a special committee appointed by the President Pro-Tempore of Council, the issue shall be referred to, and report will come from the personnel, bargaining and rules committee.
(Ord. 7-1-2004-1. Passed 10-12-04.)
(k) (1) Committee of the Whole. The Council shall meet as often as needed in a work session known as the Committee of the Whole. The Mayor shall be an ex-officio member of the Committee of the Whole and shall be entitled to participate in all meetings. The Committee of the Whole shall be the only committee consisting exclusively of members of Village Council, except for ad-hoc committees as determined and created from time-to-time by a majority of the members of Village Council. The Committee of the Whole shall act in a deliberative capacity rather than legislative capacity for informal debate, discussion, and preliminary consideration of matters awaiting legislative action. The Committee of the Whole may direct legislation be prepared for action in regular session and may recommend other action at regular session of the Village Council. All action must be taken on proposed legislation or by motion by the Council at a regular Council meeting, no action may be taken by the Committee of the Whole.
The Mayor shall preside at meetings of the Committee of the Whole. The President of Council may assign specific Councilmembers to areas of responsibility within the Committee. Areas of responsibility my include, but are not limited to: finance, safety, personnel, and service including utilities.
(2) Economic Development/News and Communications Committee. The composition of the Economic Development Committee shall consist of five members and the Mayor as an ex-officio member. Three of the Committee members shall be sitting members of the Village Council, who shall serve for a one year term and may serve an unlimited number of additional terms during their service as a Council Member. The remaining two members are citizens who may reside in either Windham Township or the Village. One citizen member shall be appointed by the Mayor and the other citizen member shall be appointed by a majority of the Village Council. Citizen members shall serve for a one year term and may serve an unlimited number of additional terms.
(3) Records Committee. Matters relating to the proper storage of Village records and discarding out dated or records to be destroyed as established by the Ohio Revised Code. The composition of this committee is set forth in Ohio Revised Code Section 149.39.
(l) Other Boards and Commissions. The following Boards and Commissions are hereby established.
(1) Planning and Zoning Commission. The Planning Commission shall consist of the Mayor, one member of Council, and three (3) members of the Community appointed by the Mayor with the approval of Council.
(2) The Village of Windham Park Board. The Village of Windham's Park Board shall consist of five (5) persons and the Mayor as an ex-officio member. The five (5) persons shall be appointed as follows:
A. One member of the Village Council appointed by the Mayor.
B. Four citizens who may be residents of either Windham Township or the Village, however no more than two Windham Township citizens may serve on the Board at any given time. Two of the citizen members shall be appointed by the Mayor, and the other two citizen members shall be appointed by a majority of the Village Council. Citizen members shall serve for a one year term and may serve an unlimited number of additional terms.
(3) Housing Code Appeal Board: Matters relating to the multi-family housing code ordinance.
(4) Tax Incentive Review. Matters relating to the Village enterprise Zone and tax incentive monitoring of industrial or business participating and promoting the enterprise zone to potential participants.
(5) Portage County Local Government Funds: One Village representative to attend County meeting and monitor local government funds.
(Ord. 2019-8. Passed 6-25-19.)