[Adopted by Ord. No. 96-05]
A.
The Council shall meet for organization on the first
day of January, or during the first seven days in January in any year
at the call of the incoming Mayor. Notice of said meeting shall meet
all the requirements of law.
B.
At each organization meeting, such other officers
and employees shall be appointed by the Mayor and confirmed by resolution
of the Council, as it shall be deemed advisable or necessary as provided
by law, to meet the objectives of the Mayor and Council.
C.
At each organization meeting the official depositories
for borough funds, official newspapers of the borough, the rate of
interest to be paid for nonpayment of taxes, persons authorized to
enter the borough safe deposit box, the time, date and location of
the regular meetings of the Mayor and Council and the adoption of
the local temporary budget of the Borough of Chester shall be adopted
by resolution.
D.
Immediately after the oath or affirmation of new Council
members, the Council persons shall arrange themselves in the seats
assigned to them by the Mayor.
A.
The Council shall meet regularly within the borough
at such times and places as provided by the determination of the Mayor
and Council. Notice of said meeting shall meet all the requirements
of law.
B.
The Mayor shall, when necessary call special meetings
of the Council. In case of his neglect or refusal, any four members
of the Council may call such meetings at such time and place in the
borough as they may designate. In all cases of special meetings, 24
hours written notice (or actual voice contact) shall be given to all
members of the Council. Written notice may be by leaving such notice
at their places of residence.
A.
The Council may hold an emergency meeting without
adequate advance written notice if two-thirds of its members vote
in favor of holding the meeting and, as soon as possible following
the decision to hold the meeting, notice is posted and given by telephone
or telegram or hand delivered to two newspapers, one of which is designated
official newspaper.
B.
An emergency meeting is defined as one required to
be held in order 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. However,
even if the Council could have foreseen the need of the meeting and
notice could have been given, failure to do so will not void the meeting.
The importance of the issue and the necessity for the immediate action
shall have consideration in this determination.
A.
Every Council member shall attend in his place precisely
at the hour at which a given meeting is noticed. Every Council member
shall make a good faith effort to attend every special or emergency
meeting which is advertised for. No Council member shall absent himself
from a Council meeting for any period, unless excused by the Mayor.
Such requests shall not be unreasonably denied. In case a Council
member neglects his duty to attend all noticed meetings he shall be
subject to an admonition from the chair.
B.
A majority of the Council and the Mayor, or in the
alternative four members of the Council shall constitute a quorum
to do business.
C.
Where it is convenient that the business of the Council
be suspended for a short time during any meeting a recess may be taken,
upon motion.
D.
Any officer or employee required or requested to attend
a meeting of the Mayor and Council shall be present unless excused
by the Mayor. Any officer or employee who is absent without being
excused by the Mayor shall be subject to an admonition from the chair,
or other appropriate action.
E.
Minutes shall be kept of all meetings which at the
minimum must include the announcement of the presiding person at the
commencement of the meeting, the time and place of the meeting, the
names of the members present, the subjects considered, the action
taken and the vote of each member on any items voted upon. Minutes
must be taken in open and closed meeting. The minutes of a closed
meeting may be withheld from disclosure until reasons of confidentiality
for going into closed session no longer exist. Minutes must be prepared
by the next regularly scheduled meeting. Minutes must be made available
to the public, upon request, as soon as they are formally approved
by the Council.
F.
All meetings shall be open to the public at all times
except for those meetings at which certain exempt matters are discussed.
The governing body retains the right to permit, regulate, or prohibit
active participation of the public at any meeting.
G.
It is within the discretion of the Council to vote
to go into closed session about those matters specifically found to
be exceptions to the law. Prior to going into closed session, a resolution
shall be adopted stating the general nature of the subject to be discussed
and whether or not action will be taken at that meeting. The public
will be informed that any action taken will be done in public session
immediately following the closed session. The resolution will also
state as precisely as possible the time and circumstances when the
discussion can be disclosed to the public.
H.
Once a matter is discussed at a closed meeting, there
is no set rule to determine when the disclosure shall take place.
The nature of the matter is critical to this determination. A general
guide would be that disclosure to the public may be made when the
reasons of confidentiality for going into closed session no longer
exist.
I.
No person shall be allowed the floor of the general
meeting except for members of the Mayor and Council, professional
appointees of the Mayor and Council such as the Administrator/Clerk
and Borough Attorney, and such other persons to whom the privileges
of the floor are extended by the Mayor or by motion of the Council.
J.
No person other than a Council person shall be permitted
to address the Mayor and Council except by invitation of the Mayor
or by motion of the Council but no such person addressing the Mayor
and Council shall engage in discussion of personalities or use any
indecent language or any expression of disrespect to the Mayor and
Council or any committee of the same. No member of the public shall
be allowed to physically threaten or use abusive language to the Mayor
and Council.
K.
When a Council member is about to speak in debate
or communicate any other matter to the Mayor and Council, he shall
respectfully address himself to the Mayor, confining himself to the
question under debate and avoiding discussion of personality.
L.
If any Council member in debate shall transgress the
rules of the Council, the Mayor shall, or any Council member may request
the Mayor to, call him to order, in which case the member so called
to order shall immediately cease, unless permitted to explain. The
Council shall, if appealed to, decide on the case, but without debate,
and the votes of the majority of those present and voting shall prevail;
if there be no appeal, the decision of the chair shall be submitted
to. If the decision be in favor of the Council member called to order,
he shall be permitted to proceed; if otherwise, he shall not be permitted
to proceed without leave of the Council.
M.
The Mayor and Council may admonish its members, including
the Mayor, for disorderly conduct, or any other conduct which it deems
contrary to the integrity and general welfare of the Council. The
Council shall afford any Council member who is to be admonished an
opportunity to be heard.
N.
No Council member or the Mayor shall speak on any
motion, resolution, or matter longer than 15 minutes the first time
and second time or longer than five minutes the third time and thereafter
without leave of the Council.
O.
While the Mayor is putting any motion, or resolution
or addressing the Council, no Council member shall walk out of or
cross the Council chamber; nor in such case, or when a Council member
is speaking shall anyone entertain private discourse.
P.
No Council member shall vote on any motion or resolution
in any case where he is not within the Council chambers when the vote
is taken.
Q.
After the Mayor has assumed the chair, the order of
business shall be as follows:
(1)
Quorum call.
(2)
Salute to the flag of the United States.
(3)
Open Public Meetings Act Statement.
(4)
Consent agenda.
(5)
Open the meeting to the public.
(6)
Committee reports.
(7)
Old business.
(8)
New business.
(9)
Open the meeting to the public.
(10)
Miscellaneous comments of the governing body.
(11)
Adjournment.
R.
At the discretion of the Mayor and as circumstances
dictate, the order of business may be changed.
A.
Items of business, excluding ordinances and as otherwise
provided by law, which the Borough Administrator has determined to
be routine and which do not require discussions, shall be included
under a single section of the agenda, known as the "consent agenda."
Such items may be adopted or approved, as the case may be, upon motion
and approval thereof by vote of a simple majority of the governing
body. Prior to approval of the consent agenda, the Mayor will open
the meeting to the public for the specific purpose of listening to
requests from any member of the governing body or general public if
certain items listed on the consent agenda need to be removed. Upon
request, any item listed on the consent agenda prior to approval shall
be removed from the consent agenda and considered separately.
B.
Those items so approved under the heading "consent
agenda" will appear in the Council minutes in their proper form.
A.
The results of every voice vote shall be recorded
upon roll call by the Borough Administrator/Clerk when so ordered
by the Mayor or requested by any Council member.
B.
After taking of the yeas, nays, or abstentions, on
any motion or resolution, no motion shall be received until a decision
shall have been recorded and announced by the chair.
C.
After the calling of the roll has been commenced upon
any motion or resolution, no member shall be permitted to explain
his vote. All explanations shall take place during the discussion
phase of the motion, or at the end of the meeting under the segment
devoted to "miscellaneous comments."
D.
On any motion or resolution requiring roll call vote,
the yeas, nays and abstentions shall be entered into the minutes.
E.
Every motion, or resolution shall be reduced to writing
if the Mayor or any Council member desire it.
F.
When a motion, or resolution is made and seconded,
it shall be stated by the Mayor or being in writing, it shall be delivered
to, and read aloud by the Administrator/Clerk. It then shall be deemed
in the possession of the Council and open for debate, but it shall
be withdrawn at any time by the moving party of the seconder, before
a decision or amendment. An other member may second to continue the
motion.
G.
When a motion or resolution is under debate, no other
motion shall be received but to adjourn; to lay on the table; to postpone
indefinitely; to postpone to a day certain; to commit to standing
committees; or to amend; and no motion to postpone to a day certain,
to commit or postpone indefinitely, being decided, shall be again
allowed on the same day. At the request of any Council member, the
vote on any such motion shall be by roll call.
H.
When a motion or resolution shall be made and seconded
the same shall be entered in the minutes of the Council.
I.
A motion to adjourn shall always be in order, except
when the Council is voting, or while the Mayor or Council member is
addressing the Council, or immediately after a question to adjourn
has been lot; that, and the motion to lay on the table, shall be decided
without debate.
J.
Any member may call for a division of a motion or
resolution if there is more than one distinct decision being requested
by the motion, resolution or question.
K.
A majority of those members present on all motions
or resolutions, unless otherwise specified by law, shall be sufficient
to adopt or reject such motions, resolutions or questions.
L.
When a motion or resolution has been once made and
carried in the affirmative or negative, it shall be in order for any
member who voted in the majority to move for reconsideration thereof.
A motion to reconsider must obtain the affirmative votes of a majority
of those members who voted in the majority on the motion, or resolution.
A motion to reconsider shall be determined by roll call vote.
Roberts Rules of Order shall in all cases, when
not in conflict with the rules adopted by the Council, be considered
and held as standard authority.
