At 12:00 noon on the first day of January of
every even-numbered year following their election, the members-elect
of the Town Council and all other members of Town Council shall assemble
at the usual place of meeting of the governing body of the Town and
organize and elect one of their members as President and one as Vice
President. The President and Vice President shall be chosen by majority
vote of all members of the Municipal Council at the reorganization
meeting and such other business conducted as set by resolution at
the last regular meeting preceding January 1. The Council shall be
selected through an at-large election held in November general elections.
The legislative power of the Town shall be exercised
by the Council, subject to the procedures set forth in this plan of
government. Legislative powers shall be exercised by ordinance, except
for the exercise of those powers that, under this plan of government
or general law, do not require action by the Mayor as a condition
of approval for the exercise thereof and may therefore be exercised
by resolution, including but not limited to:
A.
The override of a veto of the Mayor.
B.
The exercise of advice and consent to actions of the
Mayor.
C.
The conduct of a legislative inquiry or investigation.
D.
The expression of disapproval of the removal by the
Mayor of officers or employees.
E.
The removal of any municipal officer for cause.
F.
The adoption of rules for the Council.
G.
The establishment of times and places for Council
meetings.
H.
The establishment of the Council as a committee of
the whole and the delegation of any number of its members as an ad
hoc committee.
I.
The declaration of emergencies respecting the passage
of ordinances.
J.
The election, appointment, setting of salaries and
removal of officers and employees of the Council, subject to any pertinent
civil service requirements and any pertinent contractual obligations
and within the general limits of the municipal budget.
K.
The designation of official newspapers.
L.
Approval of contracts presented by the Mayor.
M.
Actions specified as resolutions in the Local Budget
Law (N.J.S.A. 40A:4-1 et seq.) and the Local Fiscal Affairs Law (N.J.S.A.
40A:5-1 et seq.).
N.
The expression of Council policies or opinions which
require no formal action by the Mayor.
O.
The Council, in addition to such other powers and
duties as may be conferred upon it by the Charter or otherwise by
general law, may:
(1)
Require any municipal officer, in its discretion,
to prepare and submit sworn statements regarding his official duties
in the performance thereof and otherwise to investigate the conduct
of any department, office or agency of the municipal government.
(2)
Remove, by at least a two-thirds vote of the whole
number of the Council, any municipal officer, other than the Mayor
or a member of Council, for cause, upon notice and an opportunity
to be heard.
P.
In any municipality adopting the Mayor-Council plan
of government, the Council shall deal with employees of the Department
of Administration and other administrative departments solely through
the Mayor or his designee. All contact with the employees and all
actions and communications concerning the administration of the government
and the provision of municipal services shall be through the Mayor
or his designee, except as otherwise provided by law.
A.
The President of the Council shall be chosen by the
Council for a one-year term each January at the organization meeting
and he shall:
(1)
Appoint such special committees of the Council as
may be required.
(2)
Preside at all meetings of the Council and of the
Committee of the Whole.
(3)
State the question and announce the result on all
matters upon which the Council may vote.
(4)
Rule on all questions of order, subject to appeal
of the Council.
(5)
Sign all ordinances and resolutions adopted in his
presence.
(6)
Have such other functions, powers and duties as the
Council may from time to time prescribe.
B.
A Vice President of the Council shall be chosen by
the Council for a term of one year at the January organization meetings
and shall preside at all meetings of the Council in the absence of
the President and shall perform all the duties of the President.
A.
Regular meetings of the Council shall be held at 7:00
p.m. on the first and third Tuesday of each month. When any such date
falls on a legal holiday, the meeting shall be held on the next day
which is not a legal holiday.
B.
Special or emergency.
(1)
The President may at any time, within compliance with
necessary provisions of the Open Public Meetings Act[1] by the Clerk of the Town of Phillipsburg, call a special
meeting of the Council. The President shall, upon written request
of a majority of the Council and upon 48 hours' notice, also call
a special meeting. Said request for a special meeting shall specify
the nature of the business to be discussed when the contents of the
meeting, if an executive session, shall be revealed and that no further
business shall be transacted at any special meeting other than that
specified.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(2)
All said notices of meetings shall be prominently
posted in a public place reserved for such or similar announcements
and mailed, telephoned, Telefaxed or hand-delivered to at least two
newspapers, which newspapers shall be designated by the public body
to receive said notices. Notice shall also be given to the radio facilities
which normally cover the Town's meetings.
(3)
Upon the calling of any special meeting, either by
mandate of Council or by the fiat of the President, notice shall be
given to all Council members and the Mayor either by telephone or
by personal message.
C.
Emergency meetings. The President may, upon his own
fiat, or shall, upon written request of a majority of Council, call
a special meeting to consider emergency action or legislation to deal
with matters of such urgency and importance that a delay for the purpose
of providing adequate notice would be likely to result in substantial
harm to the public interest.
(1)
Notice of such meeting shall be given as soon as possible
to two newspapers designated by the Town of Phillipsburg to receive
such notices, shall be posted prominently at the place in the municipal
building where said notices are usually published and shall be forwarded
by telephone, Telefax or writing to the two local radio stations customarily
covering the meeting of the Town Council.
(2)
Upon the convening of said meeting, the President
shall state the purpose of the meeting, the nature of the emergency
and then call for a roll call vote as to whether or not said meeting
shall be held. If said vote receives the affirmative vote of 2/3 of
the members present, the meeting may proceed. If a two-thirds vote
of the members present shall not be obtained, the meeting shall be
adjourned until such other time as shall be set by the governing body.
(3)
It is anticipated by the governing body of the Town
of Phillipsburg that, from time to time, matters concerning personnel,
finance, litigation or other sensitive and privileged areas may come
before the body for discussion. For the purposes of holding executive
sessions or meetings closed to the public, the Town shall incorporate
by reference the provisions of N.J.S.A. 10:4-6 et seq. in all circumstances
there applying.
D.
Place of meetings. All meetings of the Council shall
be determined by resolution, except that in case of an emergency making
it impracticable to conduct the business of the Council at the established
location, the Council, upon such responsible public notice as the
circumstances permit, may meet in or adjourn a meeting to any other
public building.
E.
Public meetings. All regular and special meetings
of the Council shall be open to the public. The Business Administrator,
Attorney, Clerk, Treasurer, Engineer and such other Town officers
or employees shall attend if so required by a general or special order
of the Council.
F.
Workshop sessions. The Council shall hold regular
workshop sessions on the dates and times set forth in a resolution
adopted by the Town Council at its annual reorganization meeting pursuant
to the provisions of the Open Public Meetings Act (N.J.S.A. 10:4-6
et seq.). By majority vote of the Council held at any public meeting,
the time and date of any workshop session may be changed, provided
that proper notice is given in accordance with the Open Public Meetings
Act.
G.
Adjournment. A meeting may be adjourned to a fixed
time by the Council and shall be considered a continuation of the
preceding meeting, and the business of the Council shall be resumed
where it was left at the last adjournment.
There shall be no standing committees of the
Council, other than the Committee of the Whole. The rules of the Council
shall govern the meetings of the Committee of the Whole so far as
applicable. Special committees for legislative purposes may be appointed
by the President pursuant to resolution. No special committee shall
proceed to the consideration of any matter referred to it at the same
meeting at which the reference is made, except by unanimous consent
of the members of the committee.
The Municipal Clerk shall have the following
duties and responsibilities:
A.
The Clerk shall serve as Clerk of the Council and
attend all meetings of the Council and keep minutes of the proceedings
of the Council and provide secretarial and clerical services to the
members of the Council in the discharge of their official duties.
B.
At the close of each year, the Clerk, with the advice
and assistance of the Town Attorney, shall bind, compile or codify
all the ordinances and resolutions, or true copies thereof, which
then remain in force and effect. The Clerk shall also properly index
the books, compilation or codification of ordinances and resolutions.
C.
The Clerk shall engross all ordinances and all resolutions
of a permanent character in books to be provided for that purpose.
After each ordinance, the Clerk shall also engross and certify the
proof of publication thereof as required by law. Each ordinance and
resolution so engrossed shall be signed by the Mayor and the Clerk,
who shall attest that it was duly adopted upon the date stated, and,
when so signed, the engrossed copy shall be deemed to be a public
record of the ordinance or resolution. Any omission by the Clerk or
the Mayor to engross, sign or certify as herein required shall not
impair or affect the validity of any ordinance which has been duly
adopted.
D.
The Clerk shall act as custodian of all records, books
and documents of the Town, except those committed by Charter or ordinance
to any other office. The Clerk shall, upon request and upon the payment
of the fees prescribed therefor by resolution of the Council for the
use of the Town, furnish a certified copy of any such paper in the
Clerk's custody, under the Corporate Seal of the Town.
E.
The Clerk shall cause the Corporate Seal of the Town
to be affixed to instruments and writings when authorized by ordinance
or resolution of the Council or when necessary to exemplify any document
on record in the Clerk's office or to certify any act or paper which
from the records in the Clerk's office shall appear to have been a
public act of the Town or a public document. The Clerk shall not affix
said Seal or cause or permit it to be affixed to any other instrument
or writing or other paper, unless required by law or ordinance.
F.
The Clerk shall be the depositary and custodian of
all official surety bonds furnished by or on account of any officer
or employee, except the Clerk's bond (which shall be placed in the
custody of the Treasurer); all insurance policies upon or with respect
to risks insured for the benefit of the Town or to protect it against
any claim, demand or liability whatsoever; and all formal contracts
for work, labor services, supplies, equipment and materials to which
the municipality may be a party.
G.
The Clerk shall have custody of all leases of property
owned by the Town.
H.
The Clerk shall maintain a listing of the coverage,
expiration date and premium of each surety bond and contract of insurance,
the nature and terms of outstanding leases, the rent reserved by each
and their respective expiration dates.
I.
All reports to the Council and all resolutions shall
be filed with the Town Clerk and entered in the minutes of the Council.
J.
In addition to such other functions, powers and duties
as may be prescribed by the Charter and ordinance and subject to the
supervision and direction of the Council, the Clerk shall:
(1)
Perform all of the functions required of Municipal
Clerks by the Elections Law (Title 19 of the Revised Statutes of the
State of New Jersey) and any other law or ordinance.
(2)
Administer the provisions of the Town ordinances with
reference to the licensing of occupations and activities for which
licenses are required by law or ordinance to be obtained from the
Clerk.
(3)
Prepare and maintain all alcohol beverage licenses
and correspondences, administer animal licenses pursuant to law and
perform such functions as are vested in the Clerk by the licensing
provisions of state law or ordinance.
(4)
Serve as Assessment Search Officer.
(5)
Serve as Registrar of Vital Statistics.
(6)
Have such other, different and additional functions,
powers and duties as may be prescribed by state statute or other law
or ordinance or delegated by the Council.
(7)
Shall select subordinate personnel, with the advice and consent of
the Council, to such positions as the Council may authorize.
[Added 8-21-2018 by Ord.
No. O:2018-18]
The Council will provide by resolution for the
appointment of a registered municipal accountant to make and file
an annual post audit of the financial transactions of the Town in
accordance with the rules and requirements of the State Division of
Local Finance.
Pursuant to the Charter (N.J.S.A. 40:69A-37),
the Council may, in its discretion, require any municipal officer
to prepare and submit sworn statements regarding his official duties
and the performance thereof; and the Council may otherwise investigate
the conduct of any department, office or agency of the municipal government.
A.
Ordinances and resolutions shall be prepared for the
consideration of the Council by the Clerk with review by the Town
Attorney upon request of any member of the Council, upon request of
the Mayor or upon recommendation of the Town Attorney himself. Prior
to introduction, each proposed ordinance or resolution requiring or
permitting administrative action may be submitted to the Mayor, who
shall submit to the Council an opinion as to the administrative implications
of the proposed ordinance or resolution.
B.
An ordinance or resolution may be introduced by any
member of the Council. Each ordinance and resolution shall be limited
to a single object which shall be expressed in its title. After the
first reading of an ordinance, it shall be referred to the Committee
of the Whole. Each resolution shall also be referred to the Committee
of the Whole upon its introduction unless the Council shall provide
for its immediate passage.
C.
All ordinances shall be introduced, read, heard and
enacted in the manner provided by general law. Each ordinance passed
by the Council shall be forthwith delivered by the Clerk to the Mayor.
Each ordinance shall be returned by the Mayor to the Town Clerk after
the Mayor has affixed his signature thereto or after the expiration
of 10 days from the date of its delivery to the Mayor.
D.
The affirmative vote of a majority of the Council
shall be necessary for the adoption of any ordinance except as provided
otherwise by general law.
E.
Passage over veto. The Council will reconsider any
ordinance returned by the Mayor within the time permitted by the Charter,
together with a statement setting forth his objections thereto or
to any item or part thereof. Such recommendation of the ordinance
or any item or part thereof from which the Mayor is constrained to
withhold his approval shall be at the next meeting of the Council
which occurs not less than three days following the return of the
ordinance by the Mayor. Whenever an ordinance has been reconsidered
and passed by the Council following a veto by the Mayor, the Clerk
shall append to such ordinance a certification of the action of the
Council upon such reconsideration in substantially the following form:
|
I HEREBY CERTIFY that the above ordinance adopted
by the Town Council on the ........ day of ...................., .........,
was delivered to me on the ........ day of ...................., .........,
together with the Mayor's statement of the reasons for which he was
constrained to withhold his approval of such ordinance, item or part
thereof. On reconsideration thereof, on the ........ day of ....................,
......... (the Council duly resolved by the affirmative vote of 2/3
of its members to enact such ordinance, item or part thereof notwithstanding
the Mayor's veto) or (the Mayor's veto was sustained.)
| ||
|
Dated:
| ||
|
Town Clerk
| ||
Whenever an ordinance shall take effect without
the Mayor's signature by reason of his failure to return it to the
Council by filing it with the Clerk within 10 days after it has been
presented to him, the Clerk shall append to such ordinance as engrossed
a certificate in substantially the following form:
|
I HEREBY CERTIFY that the above ordinance was
adopted by the Town Council on the ........ day of ....................,
........., and was presented to the Mayor duly certified on the ........
day of ...................., ........., and upon his failure to sign
it or to return and file it with the Clerk within 10 days thereafter,
the said ordinance took effect in like manner as if the Mayor had
signed it.
| ||
|
Dated:
| ||
|
Town Clerk
| ||
[Amended 8-20-1996 by Ord. No. O:96-18]
A.
Rule 1: Agenda.
(1)
An agenda for each regular meeting of the Council
shall be prepared by the Clerk under the supervision of the President
of the Council. The agenda shall be completed not later than 4:00
p.m. on the Friday preceding each regular meeting of the Council.
As soon as the agenda for each meeting has been prepared, the Clerk
shall deliver a copy to each Councilman, to the office of the Mayor
and to the Business Administrator. Upon approval of the President
of the Council, emergency matters may be added to the agenda.
(2)
The agenda for each regular Town Council meeting may
contain a section entitled "Consent Agenda," which shall be considered
under new business. That section of the agenda shall include the title
of each resolution or action to be taken under the consent agenda
and shall have been posted by the Clerk on the bulletin board located
within the Town Municipal Building ordinarily used for public notices
at least two calendar days prior to the meeting at which the matter
is to be considered. It shall only be necessary for the Town Council
to vote on the single resolution authorizing passage of the consent
agenda. Any individual member of the Council may, on request, remove
any item from the consent agenda and request that it be voted upon
separately by the Town Council.
B.
Rule 2: Call to order. The President of the Council
or, in his absence, the Vice President shall take his chair at the
hour appointed for the meeting and shall call the Council to order.
In the absence of the President and Vice President, the Clerk or his
assistant shall call the Council to order, whereupon the members of
the Council present shall elect a temporary chairman who shall forthwith
assume the chair and proceed with the meeting and who shall immediately
relinquish the chair upon the conclusion of the particular business
before the Council as soon as the President or Vice President arrives.
C.
Rule 3: Quorum call. At the opening of each meeting
of the Council, the Clerk shall call the roll, and the names of those
present shall be recorded in the minutes. Three members of the Council
shall constitute a quorum. If a quorum is not present 1/2 hour after
the appointed time for any meeting, the presiding officer, with those
present, shall determine the date and time and set forth the rescheduling
of the meeting and authorize the Clerk to so advertise. He shall not
declare the meeting adjourned.
D.
Rule 4: Order of business.
[Amended 5-7-1996 by Ord. No. O:96-09; 10-6-1998 by Ord. No. O:98-22]
(1)
The order of business at each meeting of the Council
may be, but not be limited to:
(a)
Open Public Meeting Act statement.
(b)
Invocation.
(c)
Pledge of Allegiance.
(d)
Roll call.
(e)
Approval of minutes of previous meeting(s).
(f)
Payment of bills.
(g)
Announcements.
(h)
Old business.
(i)
Reports of the Mayor and administrative officers.
(j)
Public discussion on agenda items.
(k)
Ordinances upon first reading.
(l)
Ordinances upon second reading.
(m)
New business.
(n)
Public petitions.
(o)
Council open time.
(p)
Motions.
(q)
Adjournment.
(2)
The President of the Council may change the order
of business as he deems necessary in order to expedite the completion
of business to be considered.
E.
Rule 5: Roll call votes; minutes. The vote upon every
motion, resolution or ordinance shall be taken by roll call, and the
yeas and nays shall be entered on the minutes. The minutes of each
meeting shall be signed by the officer presiding at such meeting and
by the Clerk.
F.
Rule 6: Distribution and reading of minutes. The Clerk
shall, so far as practicable, prepare and distribute to the Council
the minutes of each meeting promptly after the meeting. The minutes
of any meeting may be approved without reading whenever they have
been distributed at least 24 hours prior to the time of approval.
G.
Rule 7: Committees. There shall be no standing committees
of the Council, other than the Committee of the Whole. The rules of
the Council shall govern the meetings of the Committee of the Whole
so far as applicable. Special committees for legislative purposes
may be appointed by the Council pursuant to motion or resolution.
No special committee shall proceed to the consideration of any matter
referred to it unless a majority of the members of the committee shall
be present. All committee meetings shall be held at the Municipal
Building. No special committee shall report at the same meeting in
which the matter is referred to it, except by unanimous consent of
the Council.
H.
Rule 8: Nominations and appointments.
(1)
The Mayor's nomination to any office or position as
required by the Code shall be presented and voted on under new business.
Action of confirmation or rejection, upon a nomination made by the
Mayor, shall not be postponed or delayed beyond one regular meeting.
Within two days after confirmation or rejection of said nomination,
the Clerk shall give written notification to the office of the Mayor.
For all mayoral appointments, the Council shall be notified of the
appointment within 10 days or prior to the next Council meeting, whichever
is sooner.
(2)
With respect to appointments to be made by the Council,
any member of the Council may nominate as many candidates as there
are offices to be filled. The Council will consider such nominations
in the Committee of the Whole, which may act upon the appointment
at that meeting or which shall be reported at the next regular meeting
of the Council. Where there is a single office to be filled, the first
nominee to receive a majority vote shall be deemed appointed. Where
there is more than one office to be filled, such as on a board, commission
or authority, the same procedure shall be followed with respect to
each office separately until the total number of appointments to be
made has been completed. In the discretion of the chair, a group of
nominations may be considered at once where there is no apparent division
in the Council as to the nominees included in the group.
I.
Rule 9: Rules of debate.
(1)
Except as otherwise specifically provided in these
rules, the proceedings of the Council shall be governed by Robert's
Rules of Order.
(2)
The President of the Council, or the Vice President
in his absence, may move, second and debate from the chair and shall
not be deprived of any right to vote or of any other rights, powers
or duties of a Councilman by virtue of occupying the office of President
or Vice President of the Council.
(3)
A member of the Council shall be entitled to the floor
only upon recognition by the chair. Once a member has been recognized
and taken the floor, he shall not be interrupted for any reason other
than a call to order, and in such case the chair shall rule promptly
on the point of order and the speaker shall be allowed to proceed
if he is in order. Any member may appeal to the Council from a decision
of the chair upon a question of order when, without debate, the chair
shall submit to the Council for a majority vote the question, "Should
the decision of the chair be sustained?"
(4)
The Councilman who has made a motion shall be entitled
to the privilege of closing debate.
(5)
A motion to reconsider may be made by a Councilman
on the prevailing side, and such motion may be made only at the same
meeting, or at an adjournment thereof, at which the action was taken.
(6)
A Councilman shall be entitled to have his remarks
included in the minutes.
(7)
The President, with the consent of Council, may direct
a synopsis of the debate on any question to be included in the minutes.
(8)
A motion to adjourn shall always be in order and shall
be decided without debate.
J.
Rule 10: Voting; abstention. When the role is called
upon any question, each Councilman shall audibly announce his vote.
K.
Rule 11: Addressing the Council.
(1)
Persons other than Councilmen may be permitted to
address the Council in the proper order of business. A person present
may, upon recognition by the Chair, be heard in the order of communications
and petitions and at such other times as the Council may by the affirmative
vote of 2/3 of those present specifically permit. No person shall
address any remark or question to any specific Councilman, nor shall
any person be permitted to address the Chair while a motion is pending.
A Councilman may, through the Chair, respond to any communication
or address received pursuant to this section.
(2)
Except upon consent of the Council by the affirmative
vote of 2/3 of those present, each person addressing the Council pursuant
to this section shall be required to limit his remarks to five minutes
and shall at no time engage in any personally offensive or abusive
remarks. The Chair shall call any speaker to order who violates any
provision of this rule.
L.
Rule 12: Decorum.
(1)
Each member of the Council shall cooperate with the
chair in preserving order and decorum, and no member shall by conversation
or otherwise delay or interrupt the proceedings of the Council, nor
disturb any member while speaking, or fail to abide by the orders
of the Council or its President, except as specifically permitted
by these rules.
(2)
Any person who shall disturb the peace of the Council,
make impertinent or slanderous remarks or conduct himself in a boisterous
manner while addressing the Council shall be forthwith barred by the
presiding officer from further audience before the Council, except
that if the speaker shall submit to proper order under these rules,
permission for him to continue may be granted by a majority vote of
the Council.
(3)
The Police Chief shall, upon request of the Chair,
designate a member of the Department to serve as Sergeant-at-Arms
at Council meetings. He shall carry out all orders and instructions
given by the presiding officer for the purpose of maintaining order
and decorum at such meetings.
M.
Rule 13: Filing of reports and resolutions. The Committee
of the Whole shall file with the Clerk all petitions, resolutions
or other papers considered by it on each matter referred to the Committee.
All reports to the Council and all resolutions shall be filed with
the Clerk and entered in the minutes of the Council.
N.
Rule 14: Suspension. Any of these rules of Council
may be suspended by an affirmative vote of 2/3 of the members of the
Council, except as otherwise provided by the Charter.
O.
Rule 15: Videotaping.
[Added 8-7-2012 by Ord.
No. O:2012-16; amended 10-2-2012 by Ord. No. O:2012-18]
(1)
Videotaping
utilizing equipment mounted on tripods or stands.
(a)
No
more than two video recording devices at a time shall be permitted
at a Town Council meeting, exclusive of any video recording device
utilized by the Town.
(b)
If
more than two persons desire to set up their video recording devices,
there shall be a drawing by the Clerk, or Acting Clerk, to determine
who can set up their devices. The Town Council may vote to relax the
two video recording device limitation if, in its sole discretion,
it finds that same can be accomplished without disrupting the meeting.
(c)
The
video recording device shall not make noise that could disrupt the
meeting. Additional light sources are not permitted.
(d)
Video
recording devices must be positioned in the back of the meeting room
behind the audience seating; the operator of the video recording device
must remain with the equipment at all times, unless otherwise addressing
Council.
(e)
Video
recording equipment must be set up prior to the start of the meeting
and may not be repositioned during the meeting.
(f)
Video
recording equipment may not be broken down and/or put away until the
meeting has been adjourned or is in recess.
(g)
Video
recording is not permitted to commence until the meeting has been
called to order and must cease at the adjournment of the meeting.
(2)
Videotaping
utilizing handheld equipment.
(a)
Use
of handheld video or recording equipment is permitted in the audience
seating area only.
(b)
Operators
of handheld video or recording equipment must remain seated and shall
not move about the meeting room. Additional light sources are not
permitted.
(c)
Use of a monopod to support a handheld camera shall be accepted for the purposes of this Subsection O to be within the definition of a handheld camera and will be permitted from the seating area. Monopods shall be extended no higher than the eye level of the seated camera operator.
(d)
Video
recording is not permitted to commence until the meeting has been
called to order and must cease at the adjournment of the meeting.
(3)
Other
provisions.
(a)
Members
of the press are free to conduct interviews of Town officials, or
any other person, in the hall prior to, or at the conclusion of, the
meeting.
(b)
Any person observed violating the foregoing provisions by the Council President, or Acting Council President, shall be ordered to abate the offending activity and comply immediately with the provisions of this Subsection O.
(c)
If
the offending activity is not abated, the Council President, or Acting
Council President, may order the offender to remove the video equipment
from the room.
[Added 8-20-1996 by Ord. No. O:96-18]
A.
Rule 1: Agenda. An agenda for each work session of
the Council shall be prepared by the Clerk under the supervision of
the President of the Council. The agenda shall be completed not later
than 4:00 p.m. on the Friday preceding each regular meeting of the
Council. As soon as the agenda for each meeting has been prepared,
the Clerk shall deliver a copy to each Councilman, to the office of
the Mayor and to the Business Administrator. Upon approval of the
President of the Council, emergency matters may be added to the agenda.
B.
Rule 2: Call to order. The President of the Council
or, in his absence, the Vice President shall take his chair at the
hour appointed for the meeting and shall call the Council to order.
In the absence of the President and Vice President, the Clerk or his
assistant shall call the Council to order, whereupon the members of
the Council present shall elect a temporary chairman who shall forthwith
assume the chair and proceed with the meeting and who shall immediately
relinquish the chair upon the conclusion of the particular business
before the Council as soon as the President or Vice President arrives.
C.
Rule 3: Quorum call. At the opening of each workshop
session of the Council, the Clerk shall call the roll, and the names
of those present shall be recorded in the minutes. Three members of
the Council shall constitute a quorum. If a quorum is not present
1/2 hour after the appointed time for any meeting, the presiding officer,
with those present, shall determine the date and time and set forth
the rescheduling of the meeting and authorize the Clerk to so advertise.
He shall not declare the meeting adjourned.
D.
E.
Rule 5: Rules of debate.
(1)
Except as otherwise specifically provided in these
rules, the proceedings of the Council shall be governed by Robert's
Rules of Order.
(2)
The President of the Council, or the Vice President
in his absence, may move, second and debate from the Chair and shall
not be deprived of any right to vote or of any other rights, powers
or duties of a Councilman by virtue of occupying the office of President
or Vice President of the Council.
(3)
A member of the Council shall be entitled to the floor
only upon recognition by the Chair. Once a member has been recognized
and taken the floor, he shall not be interrupted for any reason other
than a call to order, and in such case, the Chair shall rule promptly
on the point of order and the speaker shall be allowed to proceed
if he is in order. Any member may appeal to the Council from a decision
of the Chair upon a question of order when, without debate, the Chair
shall submit to the Council for a majority vote the question, "Should
the decision of the Chair be sustained?"
(4)
The Councilman who has made a motion shall be entitled
to the privilege of closing debate.
(5)
A motion to reconsider may be made by a Councilman
on the prevailing side, and such motion may be made only at the same
meeting, or at an adjournment thereof, at which the action was taken.
(6)
A Councilman shall be entitled to have his remarks
included in the minutes.
(7)
The President, with the consent of Council, may direct
a synopsis of the debate on any question to be included in the minutes.
(8)
A motion to adjourn shall always be in order and shall
be decided without debate.
F.
Rule 6: Addressing the Council.
(1)
Persons other than Councilmen may be permitted to
address the Council before each agenda item is discussed and commented
upon by Council. A person present may, upon recognition by the Chair,
be heard for comment on workshop agenda items a second time and at
such other times as the Council may permit by affirmative vote of
2/3 of those present specifically permit. No person shall address
any remark or question to any specific Councilman or the Mayor. A
Councilman may, through the Chair, respond to any communication or
address received pursuant to this section.
(2)
Except upon consent of the Council by the affirmative
vote of 2/3 of those present, each person addressing the Council pursuant
to this section shall be required to limit his or her remarks to five
minutes and shall at no time engage in any personally offensive or
abusive remarks. The Chair shall call any speaker to order who violates
any provision of this rule.
G.
Rule 7: Decorum.
(1)
Each member of the Council shall cooperate with the
chair in preserving order and decorum, and no member shall by conversation
or otherwise delay or interrupt the proceedings of the Council, nor
disturb any member while speaking, or fail to abide by the orders
of the Council or its President, except as specifically permitted
by these rules.
(2)
Any person who shall disturb the peace of the Council,
make impertinent or slanderous remarks or conducts himself in a boisterous
manner while addressing the Council shall be forthwith barred by the
presiding officer from further audience before the Council, except
that if the speaker shall submit to proper order under these rules,
permission for him to continue may be granted by a majority vote of
the Council.
(3)
The Police Chief shall, upon request of the Chair,
designate a member of the Department to serve as Sergeant-at-Arms
at Council meetings. He shall carry out all orders and instructions
given by the presiding officer for the purpose of maintaining order
and decorum at such meetings.
H.
Rule 8: Suspension. Any of these rules of Council
may be suspended by an affirmative vote of 2/3 of the members of the
Council, except as otherwise provided by the Charter.
