[Ord. No. 6 §6, 8-26-1966]
The regular meeting of the Board of Aldermen of the City of
Lake Ozark shall be held on the second (2nd) and fourth (4th) Tuesday
of every month, at a suitable building used for a City Hall, at the
hour of 6:00 P.M. on such days or at times as adjourned to. Special
meetings of the Board of Aldermen may be called by the Mayor or any
two (2) members of the Board.
The Board shall elect one of their own number who shall be styled
"Acting President of the Board of Aldermen" and who shall serve for
a term of one (1) year.
[Ord. No. 89-8 §3, 5-9-1989]
Before proceeding with the business of the Board, the City Clerk
or his/her Deputy, shall call the roll of the members, and the names
of those present shall be entered in the minutes.
[Ord. No. 89-8 §4, 5-9-1989]
A majority of all the members elected to the Board shall constitute
a quorum at any regular or special meeting of the Board. In the absence
of a quorum, the Presiding Officer shall, at the instance of any four
(4) members present, compel the attendance of absent members.
[Ord. No. 6 §9, 8-26-1966; Ord. No. 89-8 §5, 5-9-1989]
A.
All meetings
of the Board shall be open to the public with the exception of executive
session as determined by the Board and as permitted by law. Promptly
at the hour set by law on the day of each regular meeting the members
of the Board, the City Clerk, City Attorney, Mayor and City Administrator
shall take their regular stations at the Board Chambers, and the business
of the Board shall be taken up for considerations and disposition.
The order of business shall be as determined by the Board of Aldermen
and may consist of the following items:
B.
Any business
may be called up out of the regular order by the consent of the majority
of the members present.
[Ord. No. 89-8 §6, 5-9-1989]
Unless a reading of the minutes of a Board meeting is requested
by a member of the Board, such minutes may be approved without reading
if the Clerk has previously furnished each member with a copy thereof.
[Ord. No. 89-8 §7, 5-9-1989]
A.
Presiding Officer May Debate, Etc. The Mayor or Acting Mayor,
or such other member of the Board as may be presiding may move, second
and debate from the chair, subject only to such limitations imposed
by Missouri Revised Statutes.
B.
Getting the Floor — Improper References to be Avoided. Every member desiring to speak shall address the chair and, upon
recognition by the Presiding Officer, shall confine himself/herself
to the question under debate, avoiding all personalities and indecorous
language.
C.
Interruptions. A member, once recognized, shall not be interrupted
when speaking unless it is to call him/her to order, or as herein
otherwise provided. If a member, while speaking, is called to order,
he/she shall cease speaking until the question or order is determined,
and, if in order, he/she shall be permitted to proceed.
D.
Privilege of Closing Debate. The Aldermen moving the adoption
of an ordinance or resolution shall have the privilege of closing
the debate.
E.
Limitation of Debate. No member of the Board of Aldermen
shall be allowed to speak more than once upon any one subject, issue,
motion, resolution or ordinance before the Board of Aldermen until
every other member of the Board of Aldermen choosing to speak thereon
shall have spoken.
F.
Remarks of Aldermen — When Entered in Minutes. An
Aldermen may request, through the Presiding Officer, the privilege
of having an abstract of his/her statement on any subject under consideration
by the Board entered in the minutes. If the Board consents thereto,
such statement shall be entered in the minutes.
G.
Synopsis of Debate — When Entered in Minutes. The
Clerk may be directed by the Presiding Officer, with consent of the
Board, to enter in the minutes a synopsis of the discussion on any
question coming regularly before the Board.
[Ord. No. 89-8 §8, 5-9-1989]
A.
Any person
desiring to address the Board shall first secure the permission of
the Presiding Officer to do so; provided however, that under the following
headings of business, unless the Presiding Officer rules otherwise,
any qualified person may address the Board without securing such prior
permission:
1.
Written communications. Interested parties or their authorized
representatives may address the Board by written communication in
regard to matters then under discussion.
2.
Oral communications. Taxpayers or residents of the City,
or their authorized legal representatives, may address the Board by
oral communications on any matter concerning the City's business,
or any matter over which the Board has control; provided however,
that preference shall be given to those persons who may have notified
the City Clerk in advance of their desire to speak in order that same
may appear on the agenda of the Board.
[Ord. No. 89-8 §9, 5-9-1989]
After a motion is made by the Board, no person shall address
the Board without first securing the permission of the Board to do
so.
[Ord. No. 89-8 §10, 5-9-1989]
Each person addressing the Board shall step up, shall give his/her
name and address in an audible tone of voice for the records, and,
unless further time is granted by the Board, shall limit his/her address
to three (3) minutes. Each Board member addressing his/her fellow
members shall limit his/her address to five (5) minutes. All remarks
shall be addressed to the Board as a body and not to any member thereof.
No person, other than the Board and the person having the floor, shall
be permitted to enter into any discussion, either directly or through
a member of the Board, without the permission of the Presiding Officer.
No question shall be asked an Alderman except through the Presiding
Officer.
[Ord. No. 89-8 §11, 5-9-1989; Ord. No. 2000-04 §1, 2-22-2000]
A.
Abstention. In the event a member of the Board of Aldermen
states that he/she is abstaining, the vote shall be recorded as an
abstention and not recorded as a yea or nay.
B.
Change of Vote. A member of the Board of Aldermen voting
on any motion, issue or question shall have the right to change his/her
vote thereon at any time prior to the declaration by the Presiding
Officer of the Board of the final vote upon said motion, question
or issue. After such declaration by the Presiding Officer a member
shall be allowed to change his/her vote only pursuant to a motion
to reconsider.
[Ord. No. 89-8 §12, 5-9-1989]
A.
By Aldermen. While the Board is in session, the members
must preserve order and decorum, and a member shall neither, by conversation
or otherwise, delay or interrupt the proceedings or the peace of the
Board nor disturb any member while speaking or refuse to obey the
orders of the Board of its Presiding Officer, except as otherwise
herein provided.
B.
By Others. Any person making personal, impertinent, or slanderous
remarks, or who shall become boisterous while addressing the Board,
shall be forthwith, by the Presiding Officer, barred from further
audience before the Board unless permission to continue is granted
by a majority vote of the Board.
C.
Toward Employees. No attempt to publicly embarrass or humiliate
any employee by another employer or Board member shall be tolerated.
[Ord. No. 89-8 §13, 5-9-1989]
The Chief of Police, or such member or members of the Police
Department as he/she may designate, shall be Sergeant of Arms of the
Board meetings. However, said attendance and function shall be subject
to the discretion of the Presiding Officer of the Board. As Sergeant
of Arms, said member or members of the Police Department shall carry
out all orders and instructions given by the Presiding Officer for
the purpose of maintaining order and decorum at the Board meeting.
[Ord. No. 89-8 §14, 5-9-1989; Ord. No. 2008-17, 4-22-2008]
All special committees, commissions and other such appointments
as are provided for by ordinance shall be appointed by the Presiding
Officer with the advice and consent of a majority of the Board of
Aldermen. The Presiding Officer/Mayor shall notify the Board of Aldermen
of his intent to make such appointment(s) no less than seven (7) days
prior to the meeting at which the appointment(s) will be sought, as
well as the name(s), address(es) and other relevant information regarding
such appointee(s).
[Ord. No. 89-8 §15, 5-9-1989]
The only standing committees of the Board shall be the committee
of the whole. The Mayor shall be the Presiding Officer of the committee
of the whole, and the rules of proceedings in the Board shall be observed
in the committee of the whole as far as the same may be applicable.
[Ord. No. 89-8 §16, 5-9-1989]
Any member of the Board of Aldermen shall have the right to
express dissent from or protest against any ordinance or resolution
of the Board and have the reasons therefor entered upon the journal.
Such dissent or protest must be filed in writing couched in respectful
language and presented to the Board not later than the next regular
meeting following the date of passage of the ordinance or resolution
objected to, and such written dissent or protest shall be entered
in the journal.
[Ord. No. 89-8 §17, 5-9-1989]
No account or other demand against the City shall be allowed
until the same has been considered and reported upon by the committee
of the whole.
[Ord. No. 89-8 §18, 5-9-1989]
A.
Preparation of Ordinances. All ordinances shall be prepared
or approved by the City Attorney. No ordinance shall be prepared for
presentation to the Board unless ordered by the majority vote of the
Board present, or requested in writing by the Mayor or City Administrator,
or prepared by the City Attorney on his/her own initiative. All such
ordinances shall be introduced to the Board of Aldermen in printed
or written form.
B.
Prior Approval by Administrative Staff. All ordinances,
resolutions and contract documents shall, before presentation to the
Board, have been approved as to form and legality by the City Attorney
or his/her authorized representative, where there are substantive
matters of administration involved. All such instruments shall have
first been referred to the head of the department under whose jurisdiction
the administration of the subject would devolve and be approved by
said department head; provided however, that if approval is not given,
then the same shall be returned to the Mayor or City Attorney with
a written memorandum of the reasons why such approval is withheld.
In the event the questioned instrument is not redrafted to meet a
department head's objection, or objection is not withdrawn and approval
in writing given, then the Mayor or City Administrator shall so advise
the Board and give the reasons advanced by the department head for
withholding approval.
C.
Introduction for Passage or Approval. Ordinances, resolutions
and other matters or subjects requiring action by the Board must be
introduced and sponsored by a member of the Board, including the Mayor,
except that the City Administrator or City Attorney may present ordinances,
resolutions and other matters or subjects to the Board and any member
of the Board, including the Mayor, may assume sponsorship thereof
by moving that such ordinances, resolutions, matters or subjects be
adopted; otherwise, same shall not be considered.
D.
Reading of Ordinances. All ordinances, except those provided in Subsection (E) hereof, shall not be passed until they shall have been read at two (2) regular or special meetings of the Board of Aldermen. Each ordinance other than as provided within Subsection (E) hereof, after adoption of its first (1st) reading shall be taken up by the Board at its next session, regular or special, and shall be read the second (2nd) time, by title only or as otherwise directed by the Board, and thereupon shall be open for debate and amendment. At the close of debate the Presiding Officer shall entertain a motion to place such ordinance on final passage. The motion for final passage shall not be debated and shall take precedence over all other motions except one for adjournment. Upon being duly seconded, the Presiding Officer shall immediately put the motion to the Board. If said motion is adopted, no further debate or amendments shall be allowed, and the Clerk shall immediately call the roll for final passage. If such motion not be adopted, the ordinance shall still be open for debate and amendment until such time as a motion for final passage is adopted.
E.
One Meeting Ordinances. All appropriation ordinances may
be adopted by the Board at one (1) meeting. Any ordinance may be adopted
by the Board at a single meeting upon a motion being adopted by an
affirmative vote of two-thirds (2/3) of the members of the Board present,
but in no event less than four (4) such affirmative votes.
F.
Number of Votes Necessary for Adoption of Ordinances or Resolutions. All ordinances or resolutions prior to adoption must receive at
least four (4) affirmative votes, including the vote of the Mayor
in the event of a tie vote by the remaining members of the Board of
Aldermen.
[Ord. No. 89-8 §19, 5-9-1989]
A.
Motions
and rules of procedure are as follows:
1.
Precedence of motions. When a question is before the Board
no motion shall be entertained except:
a.
To
adjourn.
b.
To
fix hour of adjournment.
c.
To
lay on table.
d.
For
the previous question.
e.
To
postpone to a certain day.
f.
To
refer.
g.
To
amend.
h.
To
postpone indefinitely.
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These motions shall have precedence in the order indicated.
Any such motion, except a motion to amend, shall be put to a vote
without debate.
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2.
Motions to be stated by chair; withdrawal. When a motion
is made and seconded, it shall be stated by the chair before debate.
A motion may not be withdrawn by the mover thereafter without the
consent of the member seconding it and the approval of the Board.
3.
When motion to adjourn not in order; not debatable. A motion
to adjourn shall be in order at any time except as follows:
4.
Motion to lay on table. A motion to lay on table shall preclude
all amendments or debates of the subject under consideration.
5.
Moving previous question. When the previous question is
moved and seconded by one another member, it shall be put as follows:
"Shall the main question be now put?" There shall then be no further
amendment or debate, but pending amendments shall be put in their
order before the main question. If the question "Shall the main question
be now put?" be decided in the negative, the main question remains
before the Board.
6.
Division of question. If the question contains two (2) or
more divisible propositions, the Presiding Officer may, and upon request
of a member shall, divide the same.
7.
Amend to strike out, etc. On an amendment to "strike out
and insert", the paragraph to be amended shall first be read as it
stands, then the words proposed to be stricken out and those to be
inserted shall be read, and finally the paragraph as it would stand
if so amended shall be read.
8.
Amend an amendment. A motion to amend an amendment shall
be in order, but one to amend an amendment to an amendment shall not
be introduced. An amendment modifying the intention of a motion shall
be in order, but an amendment relating to a different matter shall
not be in order.
9.
Motion to postpone. All motions to postpone, excepting a
motion to postpone indefinitely, may be amended as to time. If a motion
to postpone indefinitely is carried, the principal question shall
be declared lost.
10.
Motion to reconsider. Upon the declaration of a vote by
the Presiding Officer on any question, issue, motion, ordinance or
resolution, any member who voted with the majority may move for a
reconsideration of the matter at the same or the next succeeding meeting,
provided that said question, issue, motion, ordinance or resolution
must be expressly placed upon the agenda for said succeeding meeting,
and further provided, that the resolution or ordinance authorizing
or relating to any contract may be reconsidered at any time before
the final execution thereof. A motion to reconsider an ordinance or
resolution shall require the same number of votes for passage as is
required to adopt an ordinance or resolution. A motion to reconsider
any other matter shall require approval of the majority of those members
present and voting on said issue. After a motion for reconsideration
has once be acted upon, no other motion for reconsideration thereof
shall be made without the consent of two-thirds (2/3) of the members
of the Board present. The term "next succeeding meeting" as used herein, shall mean the next succeeding regularly scheduled
meeting of the Board of Aldermen unless such matter involved be expressly
placed upon the agenda of a duly called special meeting of the Board.
[Ord. No. 89-8 §20, 5-9-1989]
The committee of the whole shall make its reports in writing,
and shall return the petition, resolution, account or other paper
submitted for consideration.
[Ord. No. 89-8 §21, 5-9-1989]
All reports and resolutions shall be filed with the Clerk and
entered in the minutes.
The Board of Aldermen shall semiannually each year, at times
to be set by the Board of Aldermen, make out and spread upon their
records a full and detailed account and statement of the receipts
and expenditures and indebtedness of the City for the half year ending
with the last day of the month immediately preceding the date of such
report, which account and statement shall be published in some newspaper
in the City.
[Ord. 98-11 §1, 4-28-98]
All audio tapes of proceedings before the Board of Aldermen
shall be preserved for a period of five (5) years after production
thereof.
