[Ord. #81-41, § 21.1, 7-13-81; Ord. #90-50, § 21.1,
8-13-90]
This section shall be known as the Rules of Council.
[Ord. #81-41, § 21.2, 7-13-81; Ord. #90-50, § 21.2,
8-13-90]
Except as otherwise provided in the charter, by law, or in this
section, the Council shall be governed in questions of order, organization
and conduct of business by Robert's Rules of Order in all cases to
which applicable.
[Ord. #81-41, § 21.3, 7-13-81; Ord. #88-1, § 1.2,
1-11-88; Ord. #90-50, § 21.3, 8-13-90; Ord. #92-5, 2-10-92;
Ord. #96-13, 6-24-96]
a.
Regular Meetings. The Council shall hold regular meetings on the
second and fourth Monday of each month at 7:30 p.m. during each month
of the year. Whenever the day fixed for any regular meeting falls
upon a legal or national holiday, the meeting shall be held at the
same hour on the next succeeding day which is not a legal or national
holiday.
b.
Special Meetings. The Mayor or the President of Council may at any
time, and upon written request of any two (2) of the Councilmen shall
call a special meeting of the Council. 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 Clerk and served
upon each Councilperson as hereinafter provided at least forty-eight
(48) hours prior to the time for which the meeting is called provided
that the Mayor may determine that an emergency exists affecting the
health or safety of the people which requires consideration by the
Council within a shorter time. Upon such a determination, which the
Mayor shall set forth in the call, the call may be filed with the
Clerk at any time not less than three (3) hours prior to the time
set for the meeting. Upon the filing of any call for a special meeting,
the Clerk shall forthwith give notice thereof by telephone or telegraph
to each Councilperson, at the place he or 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 Councilperson by delivery of
a copy to him or her personally or by the leaving of a copy at his
or her usual place of abode.
c.
Work Sessions. The Council will hold work session meetings prior
to regular scheduled Council meetings.
[Ord. #81-41, § 21.4, 7-13-81; Ord. #87-59, § 1,
12-21-87; Ord. #90-50, § 21.4, 8-13-90; Ord. #93-4, § 1,
1-25-93]
a.
The Council shall, at its organization meeting in January of each
year, elect a President and a Vice-President, each to serve for a
term of one (1) year, and conduct such other business as may come
before Council. The Council President or the Vice President shall
not succeed themselves except by a favorable vote of two thirds (2/3)
of the vote (five (5) votes of Council). The vote shall be by secret
ballot taken during the caucus meeting preceding the organization
meeting.
b.
The President of Council shall:
1.
Appoint any special 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
6.
Have such other functions, powers, and duties as the Council may
prescribe.
c.
The Vice-President of Council shall:
1.
Fulfill the duties of the President when the President is unable
to do so.
d.
Clerk. The Town Clerk shall serve as Clerk of the Council in accordance
with the Administrative Code. In the absence of the Clerk, the Deputy
Clerk shall serve as Clerk.
[Ord. #81-41, § 21.5, 7-13-81; Ord. #90-50, § 21.5,
8-13-90]
a.
An agenda for each regular meeting of the Council will be prepared
by the Clerk under the supervision of the President of Council. The
agenda shall be completed not later than 4:00 p.m. on the Wednesday
preceding each regular meeting of the Council, except for matters
discussed at caucus which may be added to the agenda at any time before
the meeting by the President of the Council or any Council Member.
As soon as the agenda for each meeting has been prepared, the Clerk
shall mail or deliver a copy to each Councilman, to the Mayor and
to each Department head.
b.
All reports, communications, ordinances, resolutions, claims, license
reports, contracts, documents or other matters to be submitted to
the Council by the Mayor or Business Administrator shall, at least
Tuesday prior to each Council meeting, be delivered to the Clerk,
who shall furnish a copy to each member of Council. Emergent matters
at the request of the Mayor or Business Administrator may be considered
by Council, even if not submitted by Tuesday prior to each Council
meeting.
[Ord. #81-41, § 21.6, 7-13-81; Ord. #90-50, § 21.6,
8-13-90]
The Clerk, or his designee in his absence, shall act as parliamentarian,
and when requested, shall advise and assist the presiding officer
in matters of parliamentary law.
[Ord. #81-41, § 21.7, 7-13-81; Ord. #90-50, § 21.7,
8-13-90]
The Municipal Attorney, or such member or members of his office
as he may designate, shall be available to the Council at all regular
and special meetings and conferences. The Municipal Attorney, or his
designee, shall draft or review ordinances, resolutions or other legal
documents when requested by the Council.
[Ord. #81-41, § 21.8, 7-13-81; Ord. #90-50, § 21.8,
8-13-90]
The President of the Council shall call each meeting to order.
In his absence, the Vice President of Council shall preside and if
both are absent, the Clerk shall call the meeting to order. The President
or the Vice 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 shall thereupon relinquish the chair.
[Ord. #81-41, § 21.9, 7-13-81; Ord. #90-50, § 21.9,
8-13-90; Ord. #92-5, 2-10-92]
Before proceeding with the business of the Council, the Clerk
or his designee shall call the roll of the members as established
by resolution and the names of those present shall be entered in the
minutes.
[Ord. #81-41, § 21.10, 7-13-81; Ord. #90-50, § 21.10,
8-13-90]
A majority of the whole number of members of Council shall constitute
a quorum. Should no quorum attend within one (1) hour after the hour
appointed for the meeting of the Council, the President, or in his
absence, the Vice President or his designee, may thereupon adjourn
the meeting. The names of the members present and their action at
such meeting shall be recorded in the minutes by the Clerk.
[Ord. #81-41, § 21.11, 7-13-81; Ord. #90-50, § 21.11,
8-13-90; Ord. #92-5, 2-10-92]
All regular and special meetings of the Council shall be open
to the public. Promptly at the hour set for each meeting, the members
of Council and the Clerk shall take their regular stations in the
Council chamber, and at regular meetings and so far as practicable
at special meetings, the business of the Council shall be taken up
for consideration and disposition in the following order:
a.
Open Public Meetings statement;
b.
Call the meeting to order and pledge;
c.
Invocation;
d.
Roll Call: Five Councilpersons, Vice President of Council, President
of Council;
e.
Public participation on prior registration;
f.
Minutes of previous meeting;
g.
Communications;
h.
Report from Mayor and/or Department heads;
i.
Ordinances on second reading and public hearing;
j.
Resolutions;
k.
Ordinances on first reading;
l.
Receipt of official reports;
m.
Public comments;
n.
Comments of Council;
o.
Adjournment.
[Ord. #81-41, § 21.12, 7-13-81; Ord. #90-50, § 21.12,
8-13-90]
The Clerk, shall, so far as practicable, prepare and distribute
to the Council the minutes of each meeting as soon as possible after
the meeting. The minutes of any meeting may be approved without reading
whenever they have been distributed at least twenty-four (24) hours
prior to the time of approval.
[Ord. #81-41, § 21.13, 7-13-81; Ord. #90-50, § 21.13,
8-13-90]
There shall be no standing committees of the Council other than
the committee as a whole. 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 resolution.
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.
[Ord. #81-41, § 21.14, 7-13-81; Ord. #90-50, § 21.14,
8-13-90]
a.
Nominations by Mayor. Nominations submitted by the Mayor shall be
considered in caucus and be considered by Council not later than its
second regular meeting following the submission of the nomination.
Any member of the Council may move a nomination.
b.
Nominations by Council. 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 caucus and act at a 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 (1) 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 Council, 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.
[Ord. #81-41, § 21.15, 7-13-81; Ord. #90-50, § 21.15,
8-13-90]
a.
Question Under Consideration. A question presented and seconded is
under consideration and no motion shall be received thereafter, except
to adjourn, to lay on the table, to postpone or to amend, until the
question is decided. These motions shall have preference in the order
in which they are mentioned and the first two (2) shall be decided
without debate.
b.
Participation by the President. The President or such other member
of the Council as may be presiding may move, second or debate from
the chair, subject only to such limitations of debate as are by these
rules imposed upon all members and shall not be deprived of any of
the rights and privileges of a Councilperson by reason of his or her
being the presiding officer.
c.
Getting the Floor; Improper References To Be Avoided. Every Councilperson
desiring to speak for any purpose whatsoever, shall address the presiding
officer. The presiding officer shall recognize the Councilman who
shall confine himself to the question under debate, avoiding all personalities
and indecorous language.
d.
Interruption. A Councilperson once recognized, shall not be interrupted
when speaking unless it be to call him/her to order or as herein otherwise
provided. If a Councilperson while speaking, be called to order, he
or she shall cease speaking until the question of order be determined
by the presiding officer, and if in order, he or she shall be permitted
to proceed. Any Councilperson may appeal to the Council from the decision
of the presiding officer upon a question of order, whereupon without
debate the presiding officer shall submit to the Council the question,
"Shall the decision of the chair be sustained?" and the Council shall
decide the question by a majority vote.
e.
Privilege of Closing Debate. The Councilperson moving the adoption
of an ordinance, resolution or motion shall have the privilege of
closing the debate. The debate shall not be closed until every Councilperson
desiring to speak is recognized.
[Ord. #81-41, § 21.16, 7-13-81; Ord. #90-50, § 21.16,
8-13-90; Ord. #92-5, 2-10-92]
Upon any roll call there may be discussion or explanation given
by any Councilperson voting, and he or she shall either vote "yes"
or "no" or abstain from voting on any matter. The vote upon every
motion, resolution or ordinance shall be taken by roll call as established
by resolution and the vote shall be entered on the minutes.
[Ord. #81-41, § 21.17, 7-13-81; Ord. #90-50, § 21.17,
8-13-90; Ord. #92-5, 2-10-92]
a.
In Order of Business. Persons other than Councilpersons may be permitted
to address the Council in the proper order of business and as provided.
A person present may, upon recognition by the chair, be heard at such
times as Council may specifically permit. At the public hearing of
any ordinance all persons interested shall be given an opportunity
to be heard concerning the ordinance and each shall be limited to
five (5) minutes except where the time is extended by the consent
of the Council President. No person shall address any remark or question
to any specific Councilperson, except by permission of the Council
President, nor shall any person be permitted to address the chair
while a motion is pending. A Councilperson may, through the chair,
respond to any communication or address received pursuant to this
subsection.
b.
Public Comments. During public comments by prior registration, each
speaker shall be limited to two (2) minutes. During regular public
comments, each speaker shall be limited to five (5) minutes, and if
such speaker desires more time, he or she may be allotted such additional
time after all other persons desiring to speak have spoken.
[Ord. #81-41, § 21.18, 7-13-81; Ord. #90-50, § 21.18,
8-13-90]
a.
Conduct of Council. 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.
b.
Conduct of Public. Any person who shall disturb the peace of the
Council, make offensive or abusive remarks or conduct himself in a
boisterous manner while addressing the Council shall be forthwith
barred by the presiding officer from the balance of the meeting.
c.
Sergeant-at-Arms. The Police Department shall, when requested, designate
a member of the department to serve as Sergeant-at-Arms at meetings.
He/she shall carry out all orders and instructions given by the presiding
officer for the purpose of maintaining order and decorum at such meetings.
[Ord. #81-41, § 21.19, 7-13-81; Ord. #90-50, § 21.19,
8-13-90]
a.
Preparation of Ordinances and Resolutions. The Municipal Attorney or his designee, when requested, shall prepare or review ordinances, resolutions, motions, contracts or other documents, which shall be delivered to the Clerk in conformity with subsection 2-41.5 and 2-41.7. A copy of the same shall be forthwith furnished to each member of the Council by the Clerk.
b.
Ordinances May Be Introduced and Adopted by Title. Following introduction
and adoption on first reading, every ordinance shall be published
in full together with a notice of a hearing as required by law. The
publication shall be at least ten (10) days prior to the time fixed
for further consideration for final passage. At the time and place
specified in the notice, all persons interested shall be given an
opportunity to be heard.
c.
Prior Approvals. All ordinances, resolutions and contract documents,
before presentation to the Council by the Mayor or the Business Administrator,
shall have been reduced to writing and shall have been approved as
to form and legality by the Municipal Attorney or his/her designee.
Prior to such presentation, all documents shall have first been referred
to the head of the Department under whose jurisdiction the administration
of the subject matter of the ordinance, resolution, or contract document
would evolve. When examined and certified as to facts by the Department
Head, the Mayor, Business Administrator or his respective designee
shall affix his/her signature on the supporting documentation certifying
to the factual contents.
d.
Introducing for Passage or Approval. Ordinances, resolutions and other matters and subjects requiring action by the Council must be introduced and sponsored by a member of the Council except that the Mayor or Business Administrator may present under subsection 2-41.5 and 2-41.7, resolutions and other matters or subjects to the Council, and any Councilperson may assume sponsorship by moving that the ordinance, resolution, matter or subject be adopted in accordance with law; otherwise they shall not be considered.
e.
Effective Date. All ordinances shall take effect twenty (20) days
after final passage and approval by the Mayor. Two-thirds (2/3) of
the Council may, however, declare an emergency by resolution to reduce
this twenty (20) day period, except that the period for bond ordinances
shall not be reduced.
f.
Adoption. Ordinances other than bond and appropriation ordinances
shall require four (4) affirmative votes for adoption. Bond and appropriation
ordinances shall require five (5) affirmative votes for adoption.
g.
Veto by the Mayor. Ordinances vetoed by the Mayor shall require five
(5) affirmative votes to override the veto.
h.
Emergency Resolutions. Resolutions creating emergency appropriations
and budgetary transfers shall require five (5) affirmative votes for
adoption.
i.
Resolutions and Ordinances Signed Before Entry on Minutes. Resolutions
and ordinances shall be signed by the presiding officer at the meetings
and by the Clerk before they are entered upon the minutes.
[Ord. #81-41, § 21.20, 7-13-81; Ord. #90-50, § 21.20,
8-13-90]
The Council shall reconsider any ordinance returned by the Mayor
within the time permitted by the charter together with the statement
setting forth his/her objections thereto or to any item or part thereof.
Such reconsideration of the ordinance or any item or part thereof
from which the Mayor has withheld his/her approval shall be at the
next meeting of Council which occurs not less than three (3) days
following the return of the ordinance by the Mayor.
[Ord. #81-41, § 21.21, 7-13-81; Ord. #90-50, § 21.21,
8-13-90]
a.
Passage Over Veto. Whenever an ordinance has been reconsidered by
the Council following a veto by the Mayor, the Clerk shall append
to the ordinance a certification of the action upon such reconsideration
in substantially the following form:
|
I HEREBY CERTIFY that the above ordinance adopted by the Township
Council on the day of, together with the Mayor's statement of the
reasons for which he was constrained to withhold his/her approval
of such ordinance, item or part thereof. On reconsideration thereof
on the day of, (the Council duly resolved by the affirmative vote
of two-thirds (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.)
|
|
DATED:
|
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TOWN CLERK
|
b.
Ordinances Not Returned by the Mayor. Whenever an ordinance shall
take effect without the Mayor's signature by reason of his/her failure
to return it to the Council by filing it with the Clerk within ten
(10) days after it has been presented to him, the Clerk shall append
to the ordinance as engrossed a certificate in substantially the following
form:
|
I HEREBY CERTIFY that the above ordinance was adopted by the
Township Council on the day of, 19, and was presented to the Mayor
duly certified on the day of, and upon his/her failure to sign it
or to return and file it with the Clerk within ten (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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TOWN CLERK
|
c.
Filing of Reports and Resolutions. All reports to the Council and
all resolutions shall be filed with the Town Clerk and entered in
the minutes of the Council.
[Ord. #81-41, § 21.22, 7-13-81; Ord. #90-50, § 21.22,
8-13-90]
A motion to adjourn shall always be in order and shall be decided
without debate.
