[CC 1961 §3.01; Ord.
No. 1043; Ord.
No. 3224 §1, 10-19-1992]
The Council shall have regular sessions on the first (1st) and
third (3rd) Mondays of each month, starting at 7:00 P.M.
[CC 1961 §3.02; Ord.
No. 1043]
Special meetings may be called by three (3) members of the Council
by requesting such with the City Clerk, who shall thereupon prepare
a notice of such special meeting. It shall state the date and hour
of the meeting and the purpose for which the meeting is called, and
no business shall be transacted thereat, except such as is stated
in the notice. The notice of the time and object of the special meeting
shall be given to each member of the Council by the City Clerk causing
such notice to be delivered at the usual place of abode of the member
twenty-four (24) hours before stated special meeting. By unanimous
consent of all Council members, a special meeting may be held at any
time.
[CC 1961 §3.03; Ord.
No. 1043]
A majority of all the members elected to the Council shall constitute
a quorum at any regular or special meeting of the Council, but a lesser
number may adjourn from day-to-day. In case that a lesser number than
a quorum shall convene at a regular or special meeting, the majority
of the members present are authorized to direct the Chief of Police
to send for and compel the attendance of any or all absent members
upon such terms and conditions and at such time as such majority of
members shall agree.
[CC 1961 §3.04;Ord.
No. 1043]
The President of the Council shall preside at all meetings of
the Council. In the absence of the President the other Councilman-at-large
shall serve as Chairman. In the absence of both, the Council shall
elect one (1) of their number as temporary Chairman.
[CC 1961 §3.05; Ord.
No. 1043; Ord.
No. 3216 §1, 9-8-1992; Ord. No. 3383 §1, 5-20-1996]
A. Upon
the appearance of a quorum the Council shall convene to business which
shall be conducted in the following order:
4. Requests for rezoning, special use permits, resubdivisions.
10. New business:
a. Appointment to Boards and Commissions.
12. Reports and recommendations from the Manager.
14. Reports from the Attorney.
15. Reports from special committees.
16. Reports from standing committees.
17. Reports from the Council.
18. Audience participation (limited to subjects addressed during the
meeting).
B. The
aforesaid order of business may be altered during any meeting upon
request of the Chairman or any Councilman, unless a majority of the
members of the Council object thereto.
[CC 1961 §3.06; Ord.
No. 1043; Ord.
No. 3399 §§i — o, 1-6-1997; Ord. No. 3428 §§i — o, 11-3-1997]
A. The
President of the Council or such other member of the Council as may
be presiding may move, second and debate from the Chair, subject only
to such limitations of debate as are by these rules imposed on all
members and shall not be deprived of any of the rights and privileges
of a Councilman by reason of his/her acting as the Presiding Officer.
By a majority vote of the Council, the Chairman will be required to
vacate his/her position in order to debate.
B. Every
member shall address the Chairman and shall not proceed until he/she
has been recognized by the Chair. He/she shall indulge in no personalities
and confine his/her remarks to the matter under debate. If, while
speaking, a member is called to order, he/she shall cease speaking
until the question of order be determined, and, if in order, he/she
shall be permitted to proceed.
C. Any
member may appeal to the Council from a ruling of the Presiding Officer
upon a question of order. If the motion for the appeal is seconded,
the member making the appeal may briefly state his/her reason for
the same and the Presiding Officer may briefly express his/her ruling,
but there shall be no debate on the appeal and no other member shall
participate in the discussion. The Presiding Officer shall then put
the question to vote as to whether the decision of the Chair shall
be sustained. If the majority of the members present vote "aye" the
ruling of the Chair is sustained; otherwise, it is overruled.
D. No
member shall speak more than twice on any question, nor more than
five (5) minutes each time without the unanimous consent of the Council.
A point of order, or request for clarification will not be considered
a speaking turn.
E. Any
member shall have the right to express dissent from or protest against
any ordinance or resolution of the Council and have the reason therefor
entered upon the journal. Dissent or protest may also be registered
in writing at the next meeting by any member of the Council.
F. Any
member may request a recess not to exceed five (5) minutes for the
purpose of obtaining records, etc. Any recess in excess of five (5)
minutes must be approved by the majority of the members present.
G. Robert's
Rules of Order, Revised, shall prevail in all points of order, except
as noted herein.
H. The
foregoing rules are adopted to facilitate the transaction of Council
business and functions. They should not be permitted to defeat or
hinder the plainly expressed intent and desire of the Council. Informal
compliance and substantial performance shall be sufficient under the
foregoing rules in the absence of objections reasonably taken. Objection
is hereby declared not to have been reasonably taken as to the procedural
matters provided for herein if a Council member present at a meeting
fails to object during the meeting and requests compliance with these
rules, and such objection shall not be reasonably taken if taken by
an absent member later than the next regular meeting after the proceedings
to which objection is made.
I. If
any member of the Council or any person appearing before the Council
or any duly constituted Committee thereof, in regular or special session:
1. When called to order, willfully and intentionally refuses or fails
to come to order, or
2. In the presence of the Council or Committee engages in any disorderly behavior or indulges in personalities or disturbs the peace or assault any one as proscribed under Chapter
210 of the ordinances of the City of Berkeley, he/she shall be guilty of contempt of the Council.
J. For the purposes of Subsection
(I)(1) of this Section, if any Council member or person appearing before the Council or any Committee thereof, in regular or special session, be found by the President of the Council or such other member of the Council as may be presiding, to be out of order, the President or Presiding Officer shall call the member of the Council or person appearing before the Council or Committee to order. Any Council member or person, having thrice been called to order, who fails to come to order, shall be guilty of contempt of the Council.
K. If any member of the Council or any person in attendance at a regular or special session of the Council or a Committee thereof, violate any of the provisions of Subsection
(I) of this Section, in addition to any other penalties provided by law, such member or person deemed guilty of contempt, may be summarily expelled from the Council chamber or other place in which the Council or a Committee thereof may be in regular or special session. A person in attendance at a regular or special session of the Council or a Committee thereof, deemed to be in contempt, by the Council or Committee or Presiding Officer thereof, may be expelled from the session on the sole order of the Presiding Officer or by a majority vote of the members of the Council then present at the session of the Council or Committee.
L. If any member of the Council or any person in attendance at a regular or special session of the Council or a Committee thereof, violate any of the provisions of Subsection
(I) of this Section, any member of the Council may report such facts to the President of the Council who shall put the question, as to whether or not said Council member or person shall be cited to show cause why he/she shall not be held in contempt, before the Council in regular or special session. The President of the Council or Presiding Officer shall, upon a majority of the members of the Council present at the session of the Council, issue a warrant signed by the President or Presiding Officer and directed to the Sergeant-At-Arms or any Police Officer commanding him/her to arrest such Council member or person deemed to be in contempt and have his/her body before the Council at a date and time set by the Council thereafter to answer for contempt. Such Council member or person shall be released upon posting a bond not in excess of one hundred dollars ($100.00) or upon his/her personal recognizance wherein he/she guarantees that he/she shall appear on the date set to answer the charge of contempt. The condition of release shall be set by the Council, President or Presiding Officer in its warrant of commitment.
M. The
Sergeant-At-Arms or Police Officer shall execute the warrant. The
accused shall have the right to counsel. On hearing of the matter,
the Council, if it shall adjudge, by a majority vote of the entire
Council, the Council member or person to be in contempt of its authority,
may punish him/her by censure or by a fine of not more than five hundred
dollars ($500.00) or by imprisonment in the City Jail for not more
than ten (10) days or by both such censure, fine and imprisonment.
N. The
judgment of the City Council shall be final.
O. Any
Council member having been thrice convicted of contempt of the Council,
during his/her term of office, shall forfeit his/her position on the
Council. Any person having been thrice convicted of contempt of the
Council shall be barred from attendance at sessions of the Council
and Committees thereof for a period of one (1) year.
[CC 1961 §3.07; Ord.
No. 1043]
A. No
ordinance or resolution shall be submitted to the Council unless requested
by a Councilman, City Manager or the City Attorney. All ordinances
and resolutions shall be introduced in the Council in written form
with the name of the Council member introducing same indorsed thereon,
except as stated elsewhere. All proposed ordinances shall be prepared
by the City Attorney or bear his/her certification that they are in
correct form. A copy therefor shall be sent to each member of the
Council in advance of the meeting to which copy shall be attached
a brief resume of the bills as prepared by or for the City Manager,
together with the reasons for the introduction thereof and, if any
amendment of an existing ordinance is proposed, the nature of the
change to be made.
B. Any
bill prepared by the administrative officers of the City upon request
of the City Manager will be introduced by the Council as a whole,
and shall not denote individual sponsorship.
C. An
ordinance or resolution shall not be valid unless it shall receive
the affirmative votes of the majority of the elected members of the
Council unless as otherwise provided in the Charter.
[CC 1961 §3.08; Ord.
No. 1043]
A. When
a motion is made the Chairman will ask for a second to the motion.
If no second is forthcoming, no discussion on the motion will be permitted.
After seconding, no discussion other than on the question will be
permitted.
B. When
a motion is under debate, no other motion shall be entertained unless
to adjourn, to lay on the table, to act on the previous question,
to postpone, or to amend, which several motions shall have precedence
in the order in which they are named, and the first three (3) shall
be decided without debate.
C. Motion
to lay on the table for a period not to exceed sixty (60) days shall
require a majority of the members present. If the subject of the motion
to table has been tabled previously or is tabled for a period exceeding
sixty (60) days or contains no time limit it shall require two-thirds
(2/3) vote of the members present.
[CC 1961 §3.09; Ord.
No. 1043; Ord. No. 2195 §1, 5-2-1977]
A. All
committees, advisory or councilmanic, shall be appointed by a majority
vote of the Council. Each committee shall meet on the call of the
committee Chairman or any two (2) of its members.
B. Vacancies On All Boards, Commissions, Committees.
1. All members of all boards, commissions and committees shall hold
office for the term of their appointment or until their successor
has been appointed. In the event, however, that any such member's
office be vacated the Council shall fill such vacancy for remaining
term.
2. Vacancies in such boards, commissions and committees may occur by
resignation, removal, death or disability of a member to the extent
that he/she is unable to perform his/her duties to which he/she was
appointed.
3. A vacancy exists if such member is absent and not in attendance at
three (3) consecutive duly called meetings unless so excused by the
Chairman of such board, commission or committee.
C. All
appointments to boards and commissions shall be appointed for a full
term or an unexpired term.
[Ord. No. 4531, 4-1-2019]
[CC 1961 §3.10; Ord.
No. 1043]
A. The
City Manager shall attend all meetings of the Council unless excused
by the Council. He/she shall keep the Council fully advised of the
financial condition and needs of the City. He/she shall make recommendations
to the Council and may take part in discussions on all matters concerning
the welfare of the City.
B. The
City Attorney shall attend all meetings of the Council unless excused
by the Council. Any member of the Council may call upon the City Attorney
for an oral or written opinion to decide any question of law, but
not to decide upon any parliamentary rules.
[CC 1961 §3.11; Ord.
No. 1043]
A. The
City Clerk shall be ex officio Clerk of the Council and shall perform
such duties as may be provided by the Charter or by these rules, and
shall perform such other and further duties as may be ordered by the
Council.
B. The
City Clerk shall post copies of all ordinances, resolutions and public
hearings pending before the Council on a bulletin board placed in
a conspicuous place in the lobby of the City Hall, together with notices
of all other meetings or matters deemed to be of interest to the Council
or the public.
[CC 1961 §3.12; Ord.
No. 1043]
Any rule of the Council may be repealed, altered or amended
by a majority vote of the members. Every amendment offered shall lie
on the table until the next meeting of the Council before being voted
upon except by the unanimous consent of all elected members. Any rule
may be suspended by a two-thirds (2/3) vote of the elected members
of the Council.
[Ord. No. 3404 §§1 — 6, 4-21-1997]
A. Neither
the Council nor any of its members shall direct or request the appointment
of any person to office or his/her removal from office by the City
Manager or any of his/her subordinates, nor in any way interfere with
the appointment or removal of officers and employees in the administrative
service of the City. Except for the purpose of inquiry, or as otherwise
provided in the City Charter, the Council and its members shall deal
with the Administrative Officers and services solely through the City
Manager, and neither the Council nor any member thereof shall give
orders to the subordinates of the City Manager, either publicly or
privately. Nothing in this Section shall prevent the City Manager,
if he/she so desires from consulting with the Council or members thereof
as to the qualifications of prospective City employees or from giving
consent, on a case by case basis, to the Council or its members to
deal directly with an Administrative Officer and employees and to
directly make requests for services from such Administrative Officers
and employees. Any Councilman violating the provisions of this Section
or Article 5, Section 10 of the City Charter shall forfeit his/her
office. Whether such violation has occurred shall be determined solely
by the members of the Council and their decision shall be final.
B. If any member of the Council shall knowingly and intentionally violate Subsection
(A) of this Section or Article 5, Section 10 of the City Charter, such Council member shall be guilty of prohibited interference.
C. If any member of the Council shall knowingly and intentionally violate Subsection
(A) of this Section or Article 5, Section 10 of the Charter, the person, officer, subordinate or employee affected thereby or the City Manager or any member of the Council, but no other person, may report such facts to the Presiding Officer of the Council who shall put the question, as to whether nor not said Council member shall be cited to show cause why he/she shall not be held to have forfeited his/her office for prohibited interference, before the Council in regular or special session. The Presiding Officer shall, upon a majority vote of the members of the Council present at the session of the Council, issue an order to show cause signed by the Presiding Officer and directed to the Council member summoning such Council member, alleged to be guilty of prohibited interference, to appear before the Council at a date and time set by the Council thereafter to answer the charge. Such Council member shall appear in person at the time and date set by the Council to answer the charge of prohibited interference.
D. Order To Show Cause.
1. The Council shall serve the order to show cause, along with any bill
of particulars or accompanying papers in support of said charge, presented
to the Council by the charging party, not less than ten (10) days
prior to the date set for hearing on the charge.
2. The order to show cause shall be served upon the Council member:
b. By leaving same with a resident of the accused's home over the age
of fourteen (14);
c. By posting same on the door of the accused's last known address and
by first (1st) class certified mail; or
d. By including notice thereof in the agenda of any regular Council
meeting and posting thereof on the wall at the City Hall in the usual
course of business.
3. If the Council person is present in the meeting at which the charge
is presented or at which the order to show cause shall be issued,
then the Council person shall be served such order to show cause at
the time said order to show cause is issued. However, if the Council
person refuses to accept service of process at said meeting, it shall
be noted in the minutes and the Council person shall be deemed to
have been constructively served and notified of the charge; and the
order to show cause and accompanying papers shall be left in his/her
mail box in the Council chambers or the office of the City Clerk.
E. The
accused shall have the right to counsel. On hearing of the matter,
the Council, if it shall adjudge, by a majority vote of the entire
Council, the Council member to be guilty of prohibited interference,
may punish him/her by censure or by a fine of forfeiture of salary
in a sum not more than the salary he/she may earn for the balance
remaining on his/her current term of office or by declaration of forfeiture
and ouster from office.
F. The
accused shall have no right to appeal and decision of the City Council
shall be final.
[Ord. No. 3419 §§1 — 5, 8-6-1997]
A. Qualifications Of Councilmen.
1. Each member of the Council shall be a registered voter of the City,
and shall have been a resident thereof or of the territory annexed
to the City, for at least two (2) years immediately prior to his/her
election. The Councilmen elected by Wards shall be residents of the
respective Wards for two (2) years from which they are elected.
2. A Councilman shall, during his/her term, hold no other elective public
office, and shall not be an officer or employee of the City Government.
The term "elective public office" shall not include
a political party office and election of a Council member to a political
party office or the County central committee of a political party
by members of a political party in a primary election shall not be
deemed to violate Article II, Section 2 of the Charter.
3. If a Councilman shall cease to possess these qualifications, or shall,
during his/her term of office, hold another elective public office,
or shall become an officer or employee of City Government, or shall
cease to be a registered voter or resident of the City, or, if elected
from a Ward, shall cease to be a resident of the Ward from which he/she
shall have been elected, or shall be convicted, of a felony, malfeasance
in office, bribery, or other corrupt practice, or a misdemeanor involving
moral turpitude, he/she shall forthwith forfeit his/her office. Whether
such violation has occurred shall be determined solely by the members
of the Council and their decision shall be final.
B. If any member of the Council shall knowingly and intentionally violate Subsection
(A) of this Section or Article II, Section 2 of the City Charter, such Council member shall forfeit his/her office.
C. If any member of the Council shall knowingly and intentionally violate Subsection
(A) of this Section or Article II, Section 2 of the Charter, any member of the Council, upon information and belief may file a petition in the nature of quo warranto with the Council, which shall put the question, as to whether or not said Council member shall be cited to show cause why he/she shall not be held to have forfeited his/her office, before the Council in regular or special session. The Presiding Officer, upon a majority vote of the members of the Council present at the session of the Council, the accused being disqualified from voting on the question, shall issue an order to show cause signed by the Presiding Officer and directed to the Council member summoning such Council member, alleged to be guilty of violation of Article II, Section 2, to appear before the Council at a date and time set by the Council thereafter to answer the charge. Such Council member shall appear in person at the time and date set by the Council to answer the charge.
D. Show Cause Order.
1. The Council shall serve the order to show cause, along with any bill
of particulars or accompanying papers in support of said charge, presented
to the Council by the charging party, not less than ten (10) days
prior to the date set for hearing on the charge.
2. The order to show cause shall be served upon the Council member:
b. By leaving same with a resident of the accused's home over the age
of fourteen (14),
c. By posting same on the door of the accused's last known address and
by first (1st) class certified mail, or
d. By including notice thereof in the agenda of any regular Council
meeting and posting thereof on the wall at the City Hall in the usual
course of business.
3. If the Council person is present in the meeting at which the charge
is presented or at which the order to show cause shall be issued,
then the Council person shall be served such order to show cause at
the time said order to show cause is issued. However, if the Council
person refuses to accept service of process at said meeting, it shall
be noted in the minutes and the Council person shall be deemed to
have been constructively served and notified of the charge; and the
order to show cause and accompanying papers shall be left in his/her
mail box in the Council chambers or the office of the City Clerk.
4. The accused shall have the right to counsel. On hearing of the matter,
the Council, if it shall adjudge, by a majority vote of the entire
Council, the Council member to be guilty of violation of Article II,
Section 2 of the Charter, shall punish him/her by declaration of forfeiture
and ouster from office.
[Ord. No. 3883 §§1 — 3, 2-15-2010]
A. Council
members shall not communicate, by any means, personnel information
regarding hiring, discipline or termination, of their direct reports,
to anyone that reports directly or indirectly to a Council direct
report.
B. Proof
of violation of this policy shall be determined by the Council.
C. Violation of this Section shall be punishable by Section
110.150 "Unauthorized Disclosure of Confidential Communications and Documents" of the Municipal Code of the City of Berkeley.
[Ord. No. 3424 §§a — e, 10-1-1997; Ord. No. 3792 §§1 —
3, 5-5-2008]
A. If
any member of the Council:
1. Appearing before the Council or any duly constituted committee thereof,
in closed session, as provided by Section 610.021, RSMo., shall disclose
any confidential communication or document, the subject of which was
disclosed, in confidence, within said closed session, to any person
not specifically authorized by the Council to receive said confidential
communication or document,
2. Shall surreptitiously tape or record the proceedings of the Council
or a Committee thereof meeting in closed session pursuant to Section
610.021, RSMo., or
3. Disclose to any person not authorized to receive confidential communications
or documents, any confidential communication or document, protected
under Section 610.021, RSMo., the subject of which was officially
or unofficially disclosed to said Council member in his/her official
capacity as a member of the Council, in the usual course of business,
by a City Official, employee or agent of the City, in confidence,
|
said member of the Council shall be guilty of unauthorized disclosure
of confidential communications or documents.
|
B. If any member of the Council shall knowingly and intentionally violate Subsection
(A) of this Section, such Council member shall be guilty of unauthorized disclosure of confidential communications or documents.
C. If any member of the Council shall knowingly and intentionally violate Subsection
(A) of this Section, the person, officer, subordinate or employee having knowledge thereof, may report such facts to the Presiding Officer of the Council who shall put the question, as to whether or not said Council member shall be cited to show cause why he/she shall not be found guilty of unauthorized disclosure of confidential communications or documents, before the Council in regular or special session. The Presiding Officer shall, upon a majority vote of the members of the Council present at the session of the Council, issue an order to show cause signed by the Presiding Officer and directed by the Council member summoning such Council member, alleged to have violated Subsection
(A) of this Section, to appear before the Council at a date and time set by the Council thereafter to answer the charge. Such Council member shall appear in person at the time and date set by the Council to answer the charge of the unauthorized disclosure of confidential communications or documents.
D. Order To Show Cause.
1. The Council shall serve the order to show cause, along with any bill
of particulars or accompanying papers in support of said charge, presented
to the Council by the charging party, not less than ten (10) days
prior to the date set for hearing on the charge.
2. The order to show cause shall be served upon the Council member:
b. By leaving same with a resident of the accused's home over the age
of fourteen (14);
c. By posting same on the door of the accused's last known address and
by first (1st) class certified mail; or
d. By including notice thereof in the agenda of any regular Council
meeting and posting thereof on the wall at the City Hall in the usual
course of business.
3. If the Council person is present in the meeting at which the charge
is presented or at which the order to show cause shall be issued,
then the Council person shall be served such order to show cause at
the time said order to show cause is issued. However, if the Council
person refuses to accept service of process at said meeting, it shall
be noted in the minutes and the Council person shall be deemed to
have been constructively served and notified of the charge; and the
order to show cause and accompanying papers shall be left in his/her
mail box in the Council chambers or the office of the City Clerk.
E. The
accused shall have the right to counsel. On hearing of the matter,
the Council, if it shall adjudge, by a majority vote of the entire
Council, the Council member to be guilty of unauthorized disclosure
of confidential communications or documents, may punish him/her:
2. By a fine of forfeiture of salary in a sum not more than the salary
he/she may earn for the balance remaining on his/her current term
of office;
3. By exclusion from attendance at closed sessions of the Council;
4. By exclusion from receipt of any confidential communications or documents
in the future;
5. By declaration of forfeiture and ouster from office; or
6. By any combination of the aforesaid penalties.
F. Sanctions Applicable — When.
1. Any member of the City of Berkeley Council who is found to have disclosed
confidential information obtained in closed session pursuant to Section
610.021, RSMo., shall be subject to sanction by the Council.
2. Sanctions shall include a monetary penalty of up to one thousand
dollars ($1,000.00), which shall be determined in the sole discretion
of the Council for each violation. Any sanction imposed shall not
affect any penalty that may be imposed by State Statutes or Federal
laws. This sanction shall be in addition to any other penalties.
3. Any member of the Council who fails or refuses to pay sanctions pursuant
to this Subsection within thirty (30) days of an order of the Council
shall forfeit his public office.
G. The
accused shall have no right to appeal and the decision of the City
Council shall be final.