[1980 Code § 4-83]
This article shall be known as the "Rules of Procedure" and
may be referred to herein as the "Rules."
[Ord. No. O-35-01]
In even-numbered years the Town Council shall meet annually
for reorganization on the first day in the month of January beginning
at 12:00 noon. In odd-numbered years such annual reorganization meeting
shall be on the first Tuesday following the first Monday in the month
of January beginning at 7:30 p.m., prevailing time.
[1980 Code § 4-84A]
The Town Council shall, at its annual reorganization meeting
by resolution, designate the time of holding regular meetings, which
shall be at least monthly. All regular meetings shall be held in the
Municipal Building in the Town or at some other suitable public place
designated by resolution of the Council.
[1980 Code § 4-84B]
The Mayor may and, upon request in writing of the majority of
the Town Council, shall call a special meeting of the Council. In
the call he shall state the purpose of the meeting, and no other business
shall be discussed. The Mayor shall deliver the call for a special
meeting to the Municipal Clerk, who shall promptly deliver copies
to each Councilmember at his residence or at such other place as he
may designate at least 24 hours prior to the time the meeting is called.
Upon written consent executed by all of the members of the Council,
a special meeting may be held without prior written notice, notwithstanding
the above provisions of this subsection.
[1980 Code § 4-84C]
All regular and special meetings of the Town Council shall be open to the public. Regular and special meetings of the Council shall be attended by the Business Administrator, Municipal Clerk, Municipal Attorney and such other Town officials or employees as may be required pursuant to Subsection 2-2.2.
[1980 Code § 4-84D]
An adjourned meeting shall be considered a continuation of the
preceding meeting, and the business of the Town Council shall be resumed
where it was left at the last adjournment.
[1980 Code § 4-84E]
The President of the Town Council may call meetings of the committee
of the whole of the Council in advance of any regular or special meeting
to discuss such matters as may require consideration by the Council.
[1980 Code § 4-85A]
The presiding officer of the Town Council shall be the President,
who shall be elected at the organizational meeting for a one-year
term. The President shall:
a.
Preside at all meetings of the Town Council.
b.
Appoint such special committees of the Council as may be required
and permitted by law.
c.
With the advice of the Parliamentarian, rule on all questions of
order, subject to appeal to the Council.
d.
Sign all resolutions adopted in his presence.
e.
Have such other functions, powers and duties as the Council may,
from time to time, prescribe or as provided by law.
[1980 Code § 4-85B, Ord. No. O-2-08]
A Vice President of the Town Council shall be elected for a
term of one year and shall preside at all meetings of the Council
in the absence of the President and sign all resolutions adopted in
his presence. The Vice President shall preside at all meetings of
the Committee of the whole.
[1980 Code § 4-86; Ord. No. O-2-08]
The Municipal Clerk shall serve as Clerk of the Council in accordance
with this chapter. In the absence of the Clerk, the Deputy Clerk shall
serve as Clerk of the Council. In any other event the President shall
appoint a Clerk Pro Tempore.
[1980 Code § 4-87; Ord. No. O-18-93; Ord. No. O-2-08]
An agenda for each regular meeting of the Town Council shall
be prepared by the Municipal Clerk under the supervision of the President
of the Council. The agenda shall be completed not later than 4:00
p.m. on the Wednesday preceding each regular meeting of the Town Council,
except for emergency matters, which may be added to the agenda at
any time before the meeting by the President of the Council. The agenda
for each regular meeting shall include only such matters of Council
business as have been presented or delivered to the Clerk, by any
member of the Town Council or by the Mayor, the Business Administrator
or the Municipal Attorney not later than 4:00 p.m. on the day before
the agenda is to be prepared. As soon as the agenda for each meeting
has been prepared, the Municipal Clerk shall make a copy available
to each Councilmember, the Mayor, the Business Administrator and the
Municipal Attorney.
[1980 Code § 4-88; Ord. No. O-2-08]
The President of the Town Council shall call each meeting to
order. In his absence, the Vice President shall call the meeting to
order and shall preside during the absence 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 Vice President
of the Council shall thereupon relinquish the chair. In the absence
of both the President and the Vice President, the Municipal Clerk
shall preside and immediately call for the nomination and election
of a President Pro Tempore.
[1980 Code § 4-89]
At the opening of each meeting of the Town Council, the Municipal
Clerk shall call the roll, and the names of those present shall be
recorded in the minutes. Four 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 shall declare the meeting
adjourned.
[1980 Code § 4-90; Ord. No. O-33-95; Ord. No. O-2-08]
The order of business at each meeting of the Town Council shall
be as follows:
[1980 Code § 4-91]
The Municipal Clerk shall, so far as practicable, prepare and
distribute to the Town 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 48 hours prior
to the time of approval.
[1980 Code § 4-92]
Committees for legislative purposes may be appointed by the
Council President pursuant to resolution. No committee shall proceed
to the consideration of any matter referred to it unless a majority
of the members of the committee shall be present. No 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. The Town Council may establish such advisory committees,
from time to time, as it believes desirable and abolish any committee
which it believes is no longer necessary. Membership on advisory committees
shall be open to any individual designated by the Council.
[1980 Code § 4-93]
The vote upon every motion, resolution and ordinance shall be
taken by roll-call, and the yeas and nays shall be entered in the
minutes. The minutes of each meeting shall be adopted by the Town
Council and signed by the Clerk.
[1980 Code § 4-94]
a.
Nominations by the Mayor. Nominations submitted by the Mayor may
be considered in the committee of the whole and may be confirmed at
the meeting at which they are submitted or may be acted upon at the
next regular meeting. Any member of the Town Council may move a nomination,
and no second shall be required.
b.
Nominations by the Town Council. With respect to appointments to
be made by the Town Council, any member of the Council may nominate
as many candidates as there are offices to be filled, and no second
shall be required. The Council may consider such nominations in the
committee of the whole, and may act upon the appointment at that meeting
or the next regular meeting of the Council. Where there is a single
office to be filled, the consensus of the Council on the appointment
shall be taken as to each nominee in alphabetical order, and the first
nominee to receive a majority 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.
[1980 Code § 4-95]
a.
Except as otherwise specifically provided in these rules, the proceedings
of the Town Council shall be governed by Robert's Rules of Order.
b.
The President of the Council or, in his absence, the Vice President
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
Councilmember by virtue of occupying the office of the President or
Vice President of the Council.
c.
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.
d.
The Councilmember who has made a motion shall be entitled to the
privilege of being the final speaker on the motion.
e.
A motion to reconsider may be made by a member of Council on the
prevailing side, and such motion may be made only at the meeting or
at an adjournment thereof at which the action was taken.
f.
A Councilmember, with the consent of Council, shall be entitled to
have his remarks included in the minutes.
g.
The President, with the consent of Council, may direct a synopsis
of the debate on any question to be included in the minutes.
[1980 Code § 4-96]
When the roll is called upon any question, the silence of a
Member of Council shall constitute an affirmative vote unless he states
that he abstains.
[1980 Code § 4-97]
a.
Persons other than Councilmembers may be permitted to address the
Town Council in the proper order of business. A person present may,
upon recognition by the chair, be heard:
b.
No person shall address any remark or question to any specific Council-member
except by permission of the President of the Council. A Councilmember
may, through the chair, respond to any communication or address received
pursuant to this subsection.
c.
Except upon consent of the Council, each person addressing the Council
shall be required to limit his remarks to five minutes, and no person
shall at any time engage in any personally offensive or abusive remarks.
The chair shall call any speaker to order who violates any provision
of this rule.
[1980 Code § 4-98]
a.
Each member of the Town 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 or
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.
b.
Any person who shall disturb the peace of the Town Council, make
impertinent or slanderous remarks or conduct himself in a boisterous
manner while addressing the Town Council may be promptly 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 Town Council.
[1980 Code § 4-99]
b.
Prior to the introduction of an ordinance which requires or permits
administrative action, a summary of the ordinance shall be submitted
for review of the Business Administrator and the Department Director
concerned.
c.
An ordinance or resolution may be introduced by any Member of the
Council. The Clerk shall promptly provide each Member of the Council
with a copy. Each resolution and ordinance shall be limited to a single
subject, which shall be expressed in its title.
[1980 Code § 4-100]
a.
All ordinances shall be introduced, read, heard and enacted in the
manner provided by general law. Each ordinance passed by the Town
Council shall be promptly delivered by the Municipal 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 after the
expiration of 10 days from the date of its delivery to the Mayor in
any event.
b.
No ordinance 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 vote
in favor of such resolution.
[1980 Code § 4-101]
The Town Council may reconsider any ordinance returned by the
Mayor within the time permitted by the Charter, together with a statement
setting forth his objections. The recommendations of the Mayor shall
be reconsidered 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 Municipal Clerk shall append to
such ordinance a certification of the action of the Council upon such
reconsideration in substantially the following form:
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I HEREBY CERTIFY that the above ordinance adopted by the Town
Council on the _____ day of _____, 20 _____, was delivered to me on
the _____ day of _____, 20 _____ together with the Mayor's statement
of reasons for his veto of such ordinance, item or part hereof. On
reconsideration thereof, on the _____ day of, _____, 20 _____ 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.
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Dated:,
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/s/Town Clerk
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[1980 Code § 4-102]
When an ordinance shall take effect without the Mayor's signature
by reason of his failure to return it to the Town Council by filing
it with the Municipal 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 _____, 20 _____, 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.
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Dated: ,
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/s/Town Clerk
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[1980 Code § 4-103]
All reports to the Town Council and all resolutions shall be
filed with the Municipal Clerk.
[1980 Code § 4-104]
A motion to adjourn shall always be in order and upon being
seconded shall be decided without debate.
