The city council meetings shall be organized, called, conducted and enforced pursuant to the following rules and regulations.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; 1957 Code, sec. 2-4)
Except as hereinafter provided, the regular meetings of the city council shall be held at 6:00 p.m. on the second Tuesday of each calendar month and at 6:00 p.m. on the fourth Tuesday of each calendar month. However, the city council may authorize a change of time for the regular meeting by motion approved by the city council. Special meetings may also be called during the month for the transaction of business. In addition, the city manager is authorized to change the time for any meeting if special circumstances should arise.
(1950 Code, Ch. 2, sec. 2; Ordinance 62-25, adopted sec. 1, 4/10/62; Ordinance 64-20, sec. 1, adopted 4/14/64; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 67-21, sec. 1, adopted 4/11/67; Ordinance 68-20, sec. 1, adopted 4/9/68; Ordinance 84-119, sec. 1, adopted 11/27/84; Ordinance 90-37, sec. 1, adopted 6/26/90; Ordinance 95-39, sec. 1, adopted 7/25/95; Ordinance 96-75, sec. 1, adopted 12/10/96; Ordinance 2001-17, sec. 1, adopted 4/24/01; Ordinance 2001-36, sec. 1, adopted 7/24/01; 1957 Code, sec. 2-4(a))
All reports, communications, ordinances, resolutions, contract documents, proclamations or other written documents for the city council agenda shall be delivered to the office of the city manager a reasonable period of time prior to the meeting or as soon as possible in cases of emergency. The office of the city manager shall arrange a list of such matters and include all written materials in a package that is furnished to each member of the council and furnish an agenda to the city secretary, who is directed to provide notice as required by law. The city council shall have the final right to determine the agenda and the order of business. It may at any time prior to consideration of any item on the agenda by motion, second and by a majority vote approve the deletion of an item from the agenda, including any ordinance, resolution or proclamation, suspend indefinitely or require that an item be considered at a different place on the agenda. In order to place an item on the agenda, it must be authorized by the city manager or at least two city council members.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; Ordinance 97-22, sec. 1, adopted 5/27/97; 1957 Code, sec. 2-4(b))
All ordinances, resolutions and contract documents required for submission to the city council shall be prepared, submitted and approved in the following manner:
(1) 
All ordinances, resolutions and contract documents shall, before presentation to the council, have been reviewed as to form and legality by the city attorney or the city attorney’s authorized representative, and shall have been examined and reviewed for administration by the city manager or the city manager’s authorized representative.
(2) 
All ordinances shall go into effect as provided by the city charter.
(3) 
All resolutions shall take effect and be in force from and after the passage thereof, unless otherwise provided.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; Ordinance 97-21, secs. 2, 3, adopted 5/13/97; 1957 Code, sec. 2-4(c); Ordinance 2008-37, sec. 4, adopted 9/9/08)
Proclamations to be presented during a city council meeting must be delivered or the necessary information must be furnished to the city secretary within a sufficient period of time to be included with the other materials to be furnished the city council by the city manager prior to the meeting.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; 1957 Code, sec. 2-4(d))
The presiding officer of the council shall be the mayor, and in his absence the mayor pro tem, who shall preserve strict order and decorum at all regular and special meetings of the council. He shall state every question coming before the council, announce the decision of the council on all subjects and decide all questions of order; subject, however, to an appeal to the council, in which event a majority vote of the council shall govern and conclusively determine such question of order. The mayor pro tem or any other councilmember appointed to preside, other than the mayor, shall not be deprived of any of the rights and privileges of a councilmember by reason of acting as presiding officer.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; 1957 Code, sec. 2-4(e))
The mayor may participate in the discussions of all matters coming before the council, shall be entitled to vote as a member thereof on all matters, but shall have no veto power.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; 1957 Code, sec. 2-4(f); Ordinance 2019-06 adopted 2/12/19)
The mayor, or in his absence the mayor pro tem, shall take the chair precisely at the hour appointed for the meeting and shall immediately call the council to order. In the event a quorum is not present, the mayor may wait a reasonable period of time for a quorum to be present before calling the meeting to order. In the absence of the mayor and the mayor pro tem, the city secretary or the deputy city secretary shall call the council to order, whereupon a temporary chairman shall be elected by the members of the council present. Upon the arrival of the mayor or mayor pro tem, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the council.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/841957 Code, sec. 2-4(g); Ordinance 2008-37, sec. 4, adopted 9/9/08)
The city secretary or deputy city secretary shall enter the names of those present into the minutes.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; 1957 Code, sec. 2-4(h))
A majority of all members of the council, which for purposes of a quorum include the mayor, such number being four (4), shall constitute a quorum. A quorum must be present in order to conduct business.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; 1957 Code, sec. 2-4(i))
At each regular council meeting there shall be included an item referred to as the “consent agenda,” which item shall include the minutes to be submitted to the council as well as any other items that are considered by the city manager to be routine and not requiring a hearing and further discussion. All items included on the consent agenda may be approved with one motion, second and unanimous vote without any discussion. However, any member may first remove any item from the consent agenda for discussion and a separate vote.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; Ordinance 2002-22, sec. 1, adopted 5/14/02; 1957 Code, sec. 2-4(j))
The following rules of debate are adopted for all city council meetings:
(1) 
Right of floor.
Every member desiring to speak shall speak solely to the question under debate, avoiding all personalities and indecorous language. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have been heard. In case of a dispute as to the right to speak, the members shall address the chair and the order of speakers shall be determined by the chair.
(2) 
Interruptions.
A member, once recognized, shall not be interrupted when speaking unless it be to call that member to order or as otherwise provided. If a member, while speaking, be called to order, that member shall cease speaking until the question of order be determined, and, if in order, shall be permitted to proceed.
(3) 
Motion to reconsider.
A motion to reconsider any action taken by the council may be made if done within a reasonable period of time, without prejudice to third parties and without denying any party rights of due process, if any such right exists. Such motion shall be made by one of the prevailing side, but may be seconded by any member, and it shall be debatable. If the required conditions are satisfied, a member of the council may make or remake the same or any other motion at a subsequent meeting of the council.
(4) 
Voting.
A member who is present shall vote on every question unless prevented from voting because of a conflict of interest; and in the event that such member does not make his or her vote on the question known for the record before adjournment, the member’s silence shall be recorded as an affirmative vote.
(5) 
Parliamentary procedure.
Unless otherwise expressly provided, the general rules of parliamentary procedure will be observed. If a rule is not followed and there is no objection, the rule will be considered as waived.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; 1957 Code, sec. 2-4(k))
The following rules shall be applicable to citizens that address the council:
(1) 
Citizens may address the council by written communications in regard to matters under discussion.
(2) 
Relevant oral communications by citizens are permitted on any matter on the agenda, when the agenda item is under discussion and prior to a motion being made by the council.
(3) 
Each person addressing the council shall stand up (to the microphone), shall give his name and address in an audible tone of voice for the records, and shall limit the address to a reasonable period of time. All remarks shall be addressed to the council as a body and not to individual members thereof.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; 1957 Code, sec. 2-4(l))
While the council is in session, all members of the council and all other persons present shall comply with the following rules of decorum:
(1) 
No person shall, either by conversation or otherwise, delay or interrupt the proceedings or the peace of the council.
(2) 
No person shall refuse to obey the orders of the presiding officer or the city council, whichever is applicable.
(3) 
No person shall disturb any member who is speaking.
(4) 
No person shall make personal, impertinent or slanderous remarks.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; 1957 Code, sec. 2-4(m))
The chief of police, or such member or members of the police department as the chief of police may designate, shall be the sergeant-at-arms of the council meetings. The sergeant-at-arms shall carry out all orders and instructions given by the presiding officer or city council, whichever is applicable, for the purpose of maintaining order and decorum at the council meeting.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; 1957 Code, sec. 2-4(n))
The presiding officer, or the city council if applicable by reason of its own motion or on appeal, is authorized to enforce the provisions of this division in the following ways:
(1) 
Reprimand a violator for conduct that violates the provisions of this division.
(2) 
Order a violator to depart from the premises.
(3) 
Instruct the sergeant-at-arms to arrest any person who violates any criminal law, including criminal trespass, disorderly conduct, disrupting a meeting or procession, or obstructing a passageway.
In the case of subsections (2) and (3), if the conduct is not violent and if the person has not yet intentionally harmed the interest of others, the violator shall be first ordered to move, disperse or otherwise remedy the violation prior to an arrest.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; 1957 Code, sec. 2-4(o))
Unless required by the city charter or state or federal law, the city council may waive or suspend the rules and procedures set forth herein.
(1950 Code, Ch. 2, sec. 2; Ordinance 65-29, sec. 1, adopted 4/13/65; Ordinance 66-21, sec. 1, adopted 4/12/66; Ordinance 84-119, sec. 1, adopted 11/27/84; 1957 Code, sec. 2-4(p))
Editor’s note–Former section 1-4-48 pertaining to the powers and duties of the presiding officer and deriving from the 1950 Code, Ch. 2, sec. 2 and the 1957 Code, sec. 2-5 has been deleted by section 5 of Ordinance 2008-37 adopted by the city on September 9, 2008.