[Adopted 3-9-1972 (Ch. 2, Art. III, of the 1972 Code)]
[Amended 10-11-2011]
The municipal authorities of the Town shall consist of a Mayor and six Councilors who shall constitute the Town Council and be the governing body of the Town of Middletown. Six residents and qualified voters of the Town of Middletown shall be elected as Councilors. Beginning with the year 2012, three Councilors shall be elected for terms of four years. Such election shall be held on the second Tuesday in November. Three Councilors shall be elected for terms of four years, such election to be held on the second Tuesday in November. On the second Tuesday in November, and every four years thereafter, there shall be elected one resident and qualified voter of the Town who shall be denominated Mayor. The Councilors and Mayor shall enter upon the duties of their offices on the first day of January next succeeding their election, and shall continue in office until their successors are duly qualified. Every person elected as a Councilor shall take an oath faithfully to execute the duties of office to the best of said Councilor's judgment and ability. The person elected as Mayor shall take the oath prescribed by law for state officers.
[Amended 11-9-2000]
The Town Council shall hold its regular meetings in the Council Chamber once a month on the second Monday of each month.
The Town Council may be convened for a special meeting upon the written request of the Mayor, or any three members of the Council. Every call or order for a special meeting shall contain a notice of the object of such meeting, and no business shall be transacted at such special meeting except that for which it shall be called, unless the Council is unanimous.
[Amended 3-14-2015]
A. 
A majority of the members of the Town Council shall constitute a quorum. If a quorum fails to attend after 15 minutes beyond the appointed time of meeting those present may adjourn to such time as they may deem proper, and the Clerk shall enter the names of those present and absent upon the minutes.
B. 
Participation remotely.
(1) 
If a quorum of the Town Council is physically present for a meeting, other members may attend and participate in such meeting from a remote location by telephone or other audio or video means. A member wishing to attend in this manner shall advise the Clerk of the Council a reasonable time before start of the meeting, so that the necessary equipment can be put in place. Unless the equipment cannot be put into place, the Town hereby approves of such participation remotely.
(2) 
The reason for the physical absence must be due to an emergency or personal matter, which must be identified with specificity in the meeting and recorded in the minutes as well as the remote location from which the member participated.
(3) 
Such participation by the member shall be limited each calendar year to two meetings or 25% of the meetings of the public body, whichever is fewer.
[Amended 5-13-2024; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Every resolution presented to the Town Council shall be reduced to writing. Every ordinance shall take effect from its passage, unless otherwise provided. No ordinance shall be adopted except by majority vote of members present. No communication to the Council shall be entertained, unless the same is in writing.
Upon any vote on an ordinance or a resolution, or other proceedings which involve or will require the appropriation of money in the excess of $100, or the levy of taxes, or the contracting of any debt on behalf of the Town, the ayes and nays shall be entered upon the journal, and no such ordinance, resolution or proceeding shall be passed unless the same shall receive the vote of a majority of the members of the Town Council elected.
[Amended 10-11-2011]
Any claim against the Town shall be acted upon at any meeting of the Town Council, unless the same has been placed in the hands of the Chair of the committee for whose department the work was done and received his approval, unless it is a claim due for work or other services on the order of the Mayor, and then it shall bear his approval.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
No member of the Town Council who has any personal or pecuniary interest, whatsoever, in the result of any question before the Council shall vote thereon. For violations, the penalty provisions set forth in Code of Virginia, § 2.2-3120 et seq., shall apply.
The Town Council, or any committee thereof when specifically authorized, shall have the power to require the attendance of any person as a witness and the production by any person of all proper books and papers when, in the opinion of such body, such attendance or such production is necessary and proper. Summons to attend as witnesses or produce books or papers shall be in writing signed by the presiding officer of the Council or committee thereof, and shall be served by the sergeant in the same manner as process to commence an action of law. Such witness shall be sworn by the officer presiding at such investigation and shall be liable for perjury or false testimony given at any such investigation. Any person failing or refusing to testify or produce such books or papers shall be guilty of a violation of this Code. The right of appeal shall be taken to the circuit court of the county as in cases of misdemeanors.
[Amended 9-12-2011]
The Mayor, as soon as practicable after the qualification of the newly elected members of the Town Council, may appoint the following standing committees or any other committees as deemed necessary:
A. 
Facilities Committee.
B. 
Personnel and Finance Committee.
C. 
Ordinance Committee.
D. 
Public Works Committee.
E. 
Public Safety Committee.
F. 
Planning and Zoning Committee.
[Amended 9-12-2011]
A. 
Parliamentary rules. The proceedings of the Council, except as its own rules may provide, shall be governed by the rules of procedure which are used by the House of Delegates of the Commonwealth of Virginia, and no rule adopted by the Council shall be suspended without the concurrence of 2/3 of the members elected to the Council.
B. 
Enforcement. The Mayor, as the presiding officer, shall enforce the rules of procedure, preserve order and decorum, and appoint all committees.
C. 
Questions of order.
(1) 
The Mayor shall decide questions of order and may, without vacating the chair, give his reason for his decision.
(2) 
From any decision of the Chair an appeal may be made to the body in session, the question being "Shall the decision of the Chair be sustained?" Upon such appeal no debate shall be allowed if it refers to a question of decorum, but if it relates to the priority of business or to the relevancy or applicability of propositions, the appeal may be debated.
D. 
Statement of question; result of vote. The Mayor shall state the question and shall declare the result of the vote; he may direct, or any member may demand, a recorded vote, which shall be taken by a call of the roll.
E. 
Withdrawing of member. After a member, at a meeting, has been recorded as present, he shall not, without permission of the Mayor or the presiding officer, absent himself from such meeting until its adjournment.
F. 
Addressing Council. Every member shall address the presiding officer before speaking, confine himself to the question before the body and avoid all personal or indecorous language. No member shall interrupt another while speaking, except to arise to a point of order, the point to be briefly stated to the presiding officer. The person to address the Chair shall speak first. When two or more members speak at the same time, the presiding officer shall name the one to speak.
G. 
Motions or propositions to be in writing. Every motion or proposition, except such as is subsidiary or incidental, shall be in writing, unless not required by the Chair. When a motion is made and seconded it shall be stated by the presiding officer before being debated. A motion or proposition may be withdrawn by the mover at any time before it is decided, amended or otherwise acted upon.
H. 
Report of committees generally. Every committee shall, unless otherwise directed, report at the next succeeding regular meeting upon the subject matter referred to it, or shall show good cause why such report is not made, and it shall have authority to report on any matter proper for its consideration, though not specially referred to it.
I. 
Meetings of committees. The members of the committee shall meet on the call of the Chair, who shall be the first named person on the committee. A majority of the committee shall constitute a quorum to do business.
J. 
Reports of committees to be in writing. The reports of committees may be in writing and may be signed by a majority of its members, if required by the Mayor or presiding officer, and the paper referred to, as well as all written opinions in reference thereto obtained from the Attorney for the Town, shall be returned with the report.
K. 
Claims against Town. No claims against the Town shall be acted upon at any meeting, except by unanimous consent, unless the same has been considered and laid on the table for one meeting. Every application for remission of taxes shall be verified by the oath of the applicant, and without special order, shall stand referred to the next meeting.
L. 
Order of business. At every regular meeting of the Council, the order of business shall be as follows:
(1) 
Call to order.
(2) 
Moment of silence.
(3) 
Pledge of Allegiance.
(4) 
Roll call (absentees to be noted).
(5) 
Setting the agenda.
(6) 
Citizen comments.
(7) 
Approval of previous meeting minutes.
(8) 
Report of Facilities Committee.
(9) 
Report of the Personnel and Finance Committee.
(a) 
Treasurer's report.
(b) 
Presentation of bills.
(10) 
Report of Public Works Committee.
(11) 
Report of the Public Safety Committee.
(a) 
Police Department report.
(12) 
Report of the Ordinance Committee.
(13) 
Report of Planning and Zoning Committee.
(14) 
Report of special committees.
(15) 
New or unfinished business.
(a) 
Set committee meeting date.
(b) 
Set work session date.
(16) 
Petitions and communications.
(17) 
Adjournment.
[Amended 12-9-1976; 4-11-1996; 9-12-2011]
A. 
The members of the Town Council shall be paid an annual salary as established by Council to be paid in equal monthly installments. The Councilors are to serve at all special meetings without compensation.
B. 
The order of business shall not be departed from except by the consent of 2/3 of the members of the Council present.
The Town Council shall be the judge of the election, qualifications and return of its own members, and shall fill all vacancies that may occur, at its next regular meeting after such vacancy occurs. The Council shall have the power to fine, suspend or remove any officer for cause, by a majority vote of all members of the Council.