All legislative power of the City shall be exercised by the
City Council, pursuant to the Charter (N.J.S.A. 40:69A-36).
[Amended 5-26-1977 by Ord. No. MC-1216; 1-8-2008 by Ord. No.
MC-4346]
A. At
its annual meeting in January, the Council shall elect a President
of the Council from its members. He shall preside at all its meetings
and perform such other duties as the Council may prescribe.
B. At
its annual meeting in January, the Council shall elect a Vice President
of the Council from its members, who shall preside at all meetings
when the President is absent and shall perform such other duties as
the Council may prescribe.
C. In
the absence of the President and the Vice President, the Council shall
elect a temporary presiding officer, referred to as a President Pro
Tem.
[Amended 9-8-1994 by Ord. No. MC-3032]
The Municipal Clerk shall serve as Clerk of the City Council.
[Amended 12-15-1972 by Ord. No. MC-703; 11-13-1975 by Ord. No. MC-1040; 10-28-1993 by Ord. No. MC-2944; 4-10-1997 by Ord. No.
MC-3302; 8-23-2001 by Ord. No. MC-3683; 7-26-2007 by Ord. No.
MC-4315; 1-8-2008 by Ord. No. MC-4346; 12-22-2009 by Ord. No.
MC-4513]
A. Organization,
reorganization and regular meetings.
(1) The Council shall meet annually for its organization or reorganization
meeting on the first day of January at 12:00 noon or at any time during
the first week of January. The Council shall meet regularly thereafter
on the second Tuesday of each month at 5:00 p.m.
(2) When the day for any regular meeting of the Council falls on a legal
holiday as prescribed by law, such meeting shall be held at the same
hour one weekday prior to the date of the regularly scheduled meeting
or one weekday day following the regularly scheduled meeting. When
the Council determines, by resolution, a substitute date for the regularly
scheduled meeting, such date must be published in a newspaper circulated
within this City at least 10 days prior to the substituted date.
B. Special meetings. Special meetings of the Council may be held upon such call, notice and procedure as shall be prescribed by the Rules of Council set forth in §
7-9B(2) of this chapter.
C. Location
of meetings. The Council may hold its regular and special meetings
at any location within the City consistent with the requirements of
the Open Public Meetings Act of the State of New Jersey, N.J.S.A.
10:4-6 et seq.
[Added 11-21-1979 by Ord. No. MC-1548; amended 8-11-1983 by Ord. No.
MC-1976; 4-9-1987 by Ord. No. MC-2289; 9-8-1994 by Ord. No. MC-3032; 4-23-1998 by Ord. No. MC-3386; 8-23-2001 by Ord. No. MC-3683; 7-28-2005 by Ord. No. MC-4088; 7-26-2007 by Ord. No. MC-4315; 12-22-2009 by Ord. No. MC-4513]
A. The
City Council shall meet regularly at the premeeting conference, held
on the first Tuesday of each month at 5:00 p.m. At that time, any
department head, supervisor or designated municipal officer who wishes
to place legislation before the City Council to be adopted at a regular
meeting shall present himself/herself or his/her designated representative
before the City Council at the premeeting conference.
(1) The particular department head, supervisor or designated municipal
officer seeking Councilmanic action shall be prepared to explain,
in detail, the legislation sought. At the time of the premeeting conference,
the legislation which is to be discussed shall have been formulated
into usual legislative form and shall be presented to the Council
for its review and recommendation.
(2) No legislative matter shall be considered at the regularly scheduled
Council meeting unless it is so presented in legislative form, whether
in the form of resolution or ordinance, to the City Council at the
premeeting conference.
(3) When the time for any premeeting conference of the Council falls
on a legal holiday as prescribed by law, such meeting shall be held
at the same hour one weekday prior to the date of the regularly scheduled
premeeting conference or one weekday following the regularly scheduled
premeeting conference. When the Council determines, by resolution,
a substitute date for the regularly scheduled premeeting conference,
such date must be published in a newspaper circulated within this
City at least 10 days prior to the substituted date.
B. In
the event that any emergent matter which affects the health, safety
and welfare of the City of Camden is to be placed upon the agenda,
the permission of the President of the City Council must be obtained
prior to the regularly scheduled meeting, and all the formalities
for an emergent matter, as outlined under the Open Public Meetings
Act of the State of New Jersey, N.J.S.A. 10:4-6 et seq., shall be
followed. If an emergent matter is placed upon the agenda with the
permission of the President of the City Council and the requirements
of the Open Public Meetings Act of the State of New Jersey have been
followed, the particular department head, supervisor or designated
municipal officer seeking the legislative action shall present himself/herself
or his/her designated representative at the regularly scheduled meeting
and shall be prepared to explain the legislation sought.
C. Agenda.
(1) The Municipal Clerk shall establish and oversee a detailed timetable
setting forth:
(a) The complete process and schedule of deadlines for the initiation,
preparation, review, approval, and placement of a requested item upon
a City Council regular meeting agenda;
(b) The subsequent printing of such meeting agenda, ordinances, resolutions
and supporting information; and
(c) The distribution of the completed meeting agenda to City Council,
the Chief Operating Officer, the Mayor, and the heads of the various
City departments before the premeeting conference.
(2) The meeting agenda shall be executed by the President of City Council
and published by the Municipal Clerk pursuant to the Open Public Meetings
Act, N.J.S.A. 10:4-6 et seq.
D. The
premeeting conference of the City Council of the City of Camden shall
be open to the public, pursuant to N.J.S.A. 10:4-6 et seq. The legislation
herein is subject to the laws of the State of New Jersey, as set forth
in N.J.S.A. 10:4-6 et seq., known as the "Open Public Meetings Act."
All regular and special meetings of the Council shall be open
to the public.
The rules of procedure to be followed by the Council and the
rules for the consideration of nominations submitted by the Mayor
and for the conduct of other business of the Council shall be as provided
for by ordinance and, unless otherwise amended or supplemented by
ordinance, shall be as follows:
A. Rule
I: Short Title. These rules, as amended, may be known and cited as
the "Rules of Council" and are hereinafter sometimes referred to as
"the Rules."
B. Rule
II: Meetings.
(1) Regular meetings. Regular meetings of the Council shall be held at such times as are provided by §
7-6A of this chapter.
(2) Special meetings.
[Amended 8-23-1973 by Ord. No. MC-750; 11-26-1975 by Ord. No. MC-1048; 9-8-1994 by Ord. No. 3032; 3-28-1996 by Ord. No. MC-3191]
(a) Special meetings of the governing body shall be held in conformity
with state law, N.J.S.A. 40:48-24. The presiding officer of the governing
body may call special meetings thereof when, in his/her opinion, necessary
or expedient; and, upon the written request of 1/4 of the total membership
of the governing body, addressed to its presiding officer or the Municipal
Clerk, the presiding officer or, in his/her absence, the Clerk shall
forthwith call such special meetings.
(b) The request and call for a special meeting shall specify the purpose
of the meeting, and no business shall be transacted at any special
meeting other than that specified. The call for a special meeting
shall be filed with the Municipal Clerk and served upon each Council
member, as hereinafter provided, at least 48 hours prior to the time
of the meeting as called, provided that the Council members may determine
that an emergency exists affecting the health or safety of the people
which requires consideration by the Council within a shorter time,
and, upon such determination, which the Council members shall set
forth in the call, the call may be filed with the Clerk at any time
not less than three hours prior to the time set for the meeting.
(c) Furthermore, the Municipal Clerk, after having notice of the call
and agenda filed with him/her, and also the reason for the emergency
or importance of said special meeting, and stating that the special
meeting shall be restricted only to the emergent matters set forth
in the call, as well as the time and place of said meeting, shall
publicly post said notice and agenda in a place reserved for said
notices and shall, at the direction of the President, mail, telephone,
telegram or hand deliver the notice and call of the meeting and the
agenda to at least two newspapers heretofore designated to receive
said notices. Upon the filing of any call for a special meeting, the
Clerk shall forthwith give notice thereof, by telephone or telegraph,
to each Council member, at such place as he/she shall have previously
designated for that purpose, and shall also serve or cause to be served
a written copy of the call upon each Council member by delivery of
a copy to him/her personally or by leaving a copy at his/her usual
place of abode. The Camden County Metro Police Department shall cooperate
with the Clerk in effectuating such service of notice. Upon written
waiver of notice executed by all members of the Council, a special
meeting may be held without prior notice, notwithstanding the foregoing
provisions of this subsection of this Rule II.
[Amended 4-10-2018 by Ord. No. MC-5105]
(3) Adjourned meeting. An adjourned meeting 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.
C. Rule III: Presiding Officer. The President of the Council, chosen in the manner and for the term prescribed by §
7-4 of this chapter, shall:
(1) Appoint such special and standing 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 to the Council.
(5) Sign all ordinances and resolutions adopted in his presence, and,
in his absence, the President Pro Tem shall sign ordinances and resolutions
adopted in his presence.
(6) Have such other functions, powers and duties as the Council may from
time to time prescribe.
D. Rule IV: Clerk. As provided in §
7-5, the Municipal Clerk shall serve as Clerk of the Council. In the absence of the Clerk, the President shall appoint a Clerk Pro Tempore.
[Amended 9-8-1994 by Ord. No. MC-3032]
E. Rule
V: Council Conferences. The Council may meet, at any time, in informal
conference for the consideration of any City business or to meet with
any officer or employee of the City or any other person on City business.
All informal meetings and conferences held hereunder must be held
pursuant to any applicable state statute, including but not limited
to, the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq., or any
provision of law, including adequate notice and an agenda being filed
with the Municipal Clerk, posting of said notice and agenda in a public
place and notification to at least two newspapers so designated by
the City Council of the call of the meetings and the agenda. The latter
requirements need not be filed in those instances where the discussions
are exceptions under state law.
[Amended 11-26-1975 by Ord. No. MC-1048; 9-8-1994 by Ord. No. MC-3032; 3-28-1996 by Ord. No. MC-3191]
F. Rule
VI: Agenda.
[Amended 11-26-1975 by Ord. No. MC-1048; 1-12-1978 by Ord. No.
MC-1296; 6-8-1978 by Ord. No. MC-1345; 11-21-1979 by Ord. No.
MC-1548; 8-11-1983 by Ord. No. MC-1976; 3-28-1996 by Ord. No.
MC-3191; 12-22-2009 by Ord. No. MC-4513]
(1) The agenda for each regularly scheduled meeting of the City Council,
to be held as provided for under the ordinances of the City of Camden,
shall be prepared by and in the office of Municipal Clerk and shall
be executed and published as heretofore stated. The agenda shall be
comprised of those matters to be discussed at the premeeting conference,
and said agenda shall be completed by no later than 10:00 a.m. on
the Tuesday morning prior to the premeeting conference.
(2) Copies of all pertinent information and documentation for the preparation
of the proposed legislation from the City Administration shall be
filed (in physical or electronic form) no later than 12:00 noon on
the Wednesday before the premeeting conference with the office of
the Business Administrator; and the office of the Business Administrator
shall forward all requests for action by City Council, accompanied
by sufficient materials, documentation and information from which
legislation can be cogently prepared, to the office of the City Attorney
no later than 12:00 noon on the Thursday prior to the regularly scheduled
premeeting conference.
(3) Failure to file said requests in due time in the office of the Business
Administrator or in the office of the City Attorney shall preclude
the insertion on the agenda, and no legislation shall be formulated
for the premeeting conference.
(4) The provisions contained in §
7-9F are applicable only to the City Administration and all City departments thereunder.
G. Rule
VII: Call to Order. The President of the Council shall call the meeting
to order and shall, at the commencement of each public meeting, announce
publicly and cause to be entered into the minutes an accurate statement
indicating that adequate notification of the meeting was provided.
In the absence of the President, the Clerk shall call the meeting
to order, and those persons present shall select a President Pro Tem,
who shall preside during the absence of the President and who shall
perform all duties outlined herein of the President. The President
shall assume the Chair as soon as he is in attendance at any meeting
which may have been called to order in his absence, and the President
Pro Tem shall thereupon relinquish Chair.
[Amended 11-26-1975 by Ord. No. MC-1048]
H. Rule
VIII: Quorum. 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. A majority of the whole number of members of the Council
shall constitute a quorum, but no ordinance shall be adopted by the
Council without the affirmative vote of a majority of all members
of the Council. If a quorum is not present 1/2 hour after the appointed
time for any meeting, the presiding officer or the Clerk may declare
the meeting adjourned.
I. Rule
IX: Order of Business. The order of business at each meeting of the
Council shall be as follows:
[Amended 6-28-1999 by Ord. No. MC-3493; 3-14-2023 by Ord. No. MC-5438]
(2) Approval of minutes of previous meeting.
(4) Reading of petitions, communications and the like.
(5) Reports of City officers.
(7) Ordinances upon first reading.
(8) Ordinances upon second reading and public hearing.
(11) Public comment on resolutions and general comments by the public.
J. Rule
X: 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.
K. Rule
XI: 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 at any subsequent meeting without reading whenever
they have been distributed at least 24 hours prior to the time of
such approval.
L. Rule
XII: Committees. There may be such standing committees of the Council,
in addition to the committee of the whole, as are deemed necessary.
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 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 City Hall. No
special committee shall report on a matter referred to it at the same
meeting at which the reference is made, except by unanimous consent
of the members of the committee.
M. Rule
XIII: Nominations and Appointments.
(1) Nominations submitted by the Mayor shall be considered in committee
of the whole and may be reported to the Council at its next regular
meeting. Any member of the Council may move a nomination.
(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 shall consider such nominations in committee
of the whole, which shall report the same to a regular meeting of
the Council. Where there is a single office to be filled, the sense
of the Council on the appointment shall be taken as to each nominee,
and the nominee receiving a majority shall be deemed appointed. Where
there is more than one office to be filled, such as on a board or
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.
N. Rule
XIV: Rules of Debate.
(1) The President of the Council 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 of the Council.
(2) A member of the Council shall be entitled to the floor only upon
recognition by the Chair. Once a member has been recognized and has
taken the floor, he shall not be interrupted for any reason other
than a call to order. 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.
(3) The Councilman who has made a motion shall be entitled to the privilege
of closing debate.
(4) A motion to reconsider may be made by a Councilman on the prevailing
side. Such motion may be made only at the same meeting, or at an adjournment
thereof, at which the action was taken.
(5) A motion to adjourn shall always be in order and shall be decided
without debate.
O. Rule
XV: Voting; Abstention. When the roll is called upon any question,
the silence of a Councilman shall constitute an affirmative vote unless
he states that he abstains.
P. Rule
XVI: Addressing the Council.
[Amended 3-28-1996 by Ord. No. MC-3191; 6-28-1999 by Ord. No.
MC-3493; 12-22-2009 by Ord. No. MC-4513; 5-11-2010 by Ord. No.
MC-4541]
(1) Persons other than Council members may be permitted to address the
Council in the proper order of business prescribed by Rule IX. A person
present may, upon recognition by the Chair, be heard in the order
of business under the heading of "communications and petitions" for
a period of five continuous minutes, whether interrupted or not, 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 Council member, nor shall any
person be permitted to address the Chair, while a motion is pending.
A Council member may, through the Chair, respond to any communication
or address received pursuant to this rule.
(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
Rule XVI shall be required to limit his/her remarks to three continuous
minutes, whether interrupted or not, when addressing Council on pending
resolutions and three continuous minutes, whether interrupted or not,
when addressing Council during the other opportunities for public
comment provided by these rules. The Chair may restrict or limit the
time allotted to a person whose remarks are repetitive or are not
germane to the matter under consideration by Council. At no time shall
any person engage in any personally offensive or abusive remarks.
The Chair shall call any person to order who violates any provision
of this Rule XVI.
[Amended 4-10-2018 by Ord. No. MC-5105]
Q. Rule
XVII: 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
of Council.
(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 Camden County Metro Police Department shall, upon request of
the Chair, designate a member of the Police Department to serve as
Sergeant at Arms at Council meetings. The designated police officer
shall carry out all orders and instructions given by the presiding
officer, or any Council member, for the purpose of maintaining order
and decorum of the meeting. Furthermore, the Municipal Clerk is directed
to contact the Chief of Police to inform the Police Department of
the time and date of the meeting to be held. The Police Department
shall take any and all appropriate steps within the parameters of
law, including the use of electronic equipment, to secure the Council
chambers and provide adequate protection for the citizens and members
of City Council attending said meetings.
[Amended 3-28-1996 by Ord. No. MC-3191; 4-10-2018 by Ord. No. MC-5105]
(4) Each speaker will sign and give a brief description of what he/she
will comment upon prior to speaking. Time cannot be shared or allotted
with other speakers. The allotted time of three minutes shall include
and commence from the beginning of the speaker's remarks and includes
any time that passes during questioning or colloquy between the speaker
and the Chair or City Council. In the event a person representing
a class or group seeks to speak on behalf of that class, group or
organization, additional time may be granted to that person by the
Council Chairperson.
[Added 3-28-1996 by Ord. No. MC-3191; 4-10-2018 by Ord. No. MC-5105]
(5) City Council meetings shall be conducted in a courteous manner. Citizens
and Council members will be allowed to state their positions in an
atmosphere free of slander, threats of violence or the use of Council
as a forum for politics. Sufficient warnings may be given by the Chair
at any time during the remarks and, in the event that any individual
shall violate the rules of decorum heretofore set forth, the Chairperson
may then cut off comment or debate. At the discretion of the Chairperson,
light signals may be used to display the commencement of the time
for speaking and a warning light may be flashed to show that the appropriate
time has passed. A red light will signal that there is no longer time.
[Added 3-28-1996 by Ord. No. MC-3191]
(6) Each member of the Council and every member of the public shall be
required to utilize a silent alert mode on or to mute the sound emitted
from all electronic devices in their possession (including but not
limited to cellular telephones, pagers, radios, personal data assistants,
and hand-held or portable computers), during all City Council proceedings
subject to the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq. Law
enforcement and emergency services personnel acting in their official
capacity shall be exempt from the provisions described herein.
[Added 6-13-2002 by Ord. No. MC-3756]
R. Rule
XVIII: Ordinances and Resolutions; General Provisions.
(1) Ordinances and resolutions shall be prepared for the consideration
of the Council by the City Attorney upon request of any member of
the Council, upon request of the Mayor or upon recommendation of the
City Attorney himself. Prior to introduction, each proposed ordinance
or resolution requiring or permitting administrative action may be
submitted to the Business Administrator and the department head concerned,
each of whom shall, if requested, submit to the Council an opinion
as to the administrative implications of the proposed ordinance or
resolution.
[Amended 6-25-1987 by Ord. No. MC-2308]
(2) 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.
S. Rule
XIX: Ordinances and Resolutions; Method of Adoption, Effective Date.
(1) 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 Municipal Clerk after the Mayor
has affixed his signature thereto or, in any event, after the expiration
of 10 days from the date of its delivery to the Mayor.
[Amended 9-8-1994 by Ord. No. MC-3032]
(2) No ordinance, other than the Local Budget Ordinance, or resolution
shall take effect less than 20 days after its final passage by the
Council and approval by the Mayor, where such approval is required,
unless the Council shall adopt a resolution declaring an emergency
and at least 2/3 of all the members of the Council shall vote in favor
of such resolution.
T. Rule
XX: Passage Over Veto. The Council shall reconsider any ordinance
returned by the Mayor within the time permitted by the Charter, together
with a statement, which the Mayor shall submit, setting forth his
objections thereto or to any item or part thereof. Such reconsideration
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 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:
[Amended 9-8-1994 by Ord. No. MC-3032]
|
"I HEREBY CERTIFY that the above ordinance adopted by the City
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.)
|
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Municipal Clerk."
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U. Rule
XXI: Ordinances Not Returned by the Mayor. 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:
[Amended 9-8-1994 by Ord. No. MC-3032]
|
"I HEREBY CERTIFY that the above ordinance was adopted by the
City 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, said ordinance took effect in like manner as if
the Mayor had signed it.
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Municipal Clerk."
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V. Rule
XXII: 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.
W. Rule
XXIII: Robert's Rules of Order. Except as otherwise specifically provided
in these Rules of Council, the proceedings of the Council shall be
governed by Robert's Rules of Order.
X. Rule
XXIV: Suspension of Rules. Any of these Rules of Council may be suspended
by a two-thirds vote of the Council, except as otherwise provided
by the Charter.