[HISTORY: Adopted by the City Council of
the City of Trenton 9-7-1967 as Ch. XXI of the Revised General Ordinances.
Amendments noted where applicable.]
This chapter shall be known as the Rules of
Council, 1962, and is hereinafter sometimes referred to as "the rules."
The following rules shall govern the Council
and its meetings:
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RULE I
Governing Rules
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Except as may be provided in the Charter, questions
of order, the organization and the conduct of business of the Council
shall be governed by Robert's Rules of Order in all cases to which
they are applicable, and in which they are not inconsistent with these
rules.
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RULE II
Meetings; Council Conference
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A.
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Regular meetings. The Council shall hold regular
meetings on the first and third Thursdays of each month at 5:30 p.m.,
except that only one regular meeting shall be held during each of
the months of July and August on a date to be fixed by the Council,
in the preceding month of June for the July meeting and in the preceding
month of July for the August meeting; provided, however, that when
the day fixed for any regular meeting of the Council falls upon a
day designated by law as a legal or national holiday, or upon a day
when more than three members of the governing body are attending a
state or national conference or convention, such meeting shall be
held at the same hour on the next succeeding day not a holiday. The
time and location of any public meeting shall be subject to change
whenever the City Council, by a majority vote, shall determine that
a change in time or place of a public meeting shall be in the public
interest and provided that adequate public notice of the time and
place of such meeting shall be provided in accordance with state law.
Unless otherwise determined by City Council, regular meetings of the
Council shall be held in the Council chamber on the second floor of
City Hall.
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B.
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Special meetings. The Mayor, whenever (s)he
deems it in the public interest, and upon request in writing of a
majority of the Council, shall call a special meeting of the Council.
The President of the Council may also call a special meeting whenever
(s)he deems it necessary. A request by members of Council, Mayor or
President of Council for a special meeting therefor shall state the
time and purpose of the meeting. The Mayor or the President of the
Council, as the case may be, shall deliver the call for a special
meeting to the Clerk who shall forthwith deliver copies thereof to
each member of Council at his/her residence or at such place as (s)he
may designate in advance. No business except what is described in
the call shall be considered at the special meeting. Except in case
of emergency, special meetings may be called upon not less than two
days' notice.
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C.
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Adjourned meetings. An adjourned meeting shall
be considered a continuation of the preceding meeting and the business
of the Council shall be resumed where it was left at the last adjournment.
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D.
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Council conference. The Council shall hold conferences
at 5:30 p.m. each Tuesday preceding the regular meeting, or as otherwise
provided by City Council's Annual Notice of Meeting Dates; provided,
however, that when the day fixed for any conference of the Council
falls upon a day designated by law as a legal or national holiday,
or upon a day when three or more members of the governing body are
attending a state or national conference or convention, such meeting
shall be held on a day to be scheduled by the Clerk of the Council
or cancelled.
[Amended 9-20-2018 by Ord. No. 18-46] |
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E.
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Docket review. On the Thursday proceeding each Council meeting,
the Council President, or the Vice President, or the Council President's
designee, shall be a member of Council, if neither shall be available,
shall make a review of the docket with the Business Administrator,
the City Clerk and the Law Director and a representative designated
by the Mayor. The Council President, the Vice President, or the Council
President' s designee, shall be a member of Council, may remove an
item from the Council agenda or docket during docket review, for further
study or information. If any item is removed from the agenda or docket
during the docket review, it will not be presented for reconsideration
until the study has been completed or the requested information has
been provided. When additional information is requested during the
docket review, by the Council President, the Vice President, or the
Council President's designee, shall be a member of Council, if neither
shall be available, that is necessary to substantiate the validity
of, explain, clarify, or justify the request that the resolution or
ordinance is making, the requested information must be supplied in
writing, to the City Clerk, no less than seven calendar days prior
to the next scheduled docket review and contain all sufficient and
detailed information or documentation necessary to meet the criteria,
or answer any question or concern that has been presented. Items removed
from the agenda or docket will only be relisted for consideration
after a written request from the Business Administrator or Law Director
is presented to the City Clerk asking for the resolution or ordinance
to be relisted, which shall include the date of the meeting (s)he
would like it to be relisted on.
[Added 9-20-2018 by Ord.
No. 18-46; amended 12-19-2019 by Ord. No. 19-82] |
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RULE III
Agenda
[Amended 9-20-2018 by Ord. No. 18-46] | |
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All reports, communications, ordinances, resolutions, claims,
contract documents or other matters to be submitted to the Council
by the administration, at least 24 business hours prior to each Council
meeting, shall be delivered to the Clerk, whereupon the Clerk shall
immediately prepare a calendar of such matters together with such
additional matters that (s)he may have to present, in conformity with
the prescribed order of business as hereinafter provided and shall
furnish a copy to each member of the Council. When required, (s)he
shall furnish the Mayor, the Business Administrator and the City Attorney
with a copy of the same prior to the Council meeting and as far in
advance of the meeting as time for preparation will permit. All administration
matters shall be presented to the Council by the Mayor, Business Administrator
or a designee of either of them, provided that nothing herein shall
limit the Charter power of the Council to require reports or to investigate.
All ordinances or resolutions presented by members of Council shall
be presented to the Council President for review, at least 24 hours
prior to any agenda review meeting, before same are placed upon the
docket.
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RULE IV
The Presiding Officer
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A.
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Election and duties. The Presiding Officer of
the Council shall be the President, who shall be elected at the organization
meeting for a term of four years.
[Amended 8-7-2014 by Ord.
No. 14-32] | |
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(1)
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The Council may also elect a Council Vice President from among
its members for a term concurrent with the Council President. The
Council President shall designate the Council Vice President to act
as the presiding officer whenever the Council President shall be absent
from the municipality due to disability or other cause and prevented
from attending a Council meeting. Only in that instance, the Council
Vice President shall possess all the rights, powers and duties of
the Council President.
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(2)
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No dual office holding: Mayor or Council President. Upon election
of the Council President as Mayor, by majority vote of Council, to
fill a vacancy in the office of Mayor, the Council President shall
forfeit his or her position as Council President while retaining his
or her seat on Council.
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B.
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Bingo and raffles. The President of the Council
is authorized to approve or disapprove bingo and raffle applications
for and on behalf of the Council pursuant to state statute.
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RULE V
City Attorney
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The City Attorney or such member or members
of his/her office as (s)he may designate shall be available to the
Council at all regular and special meetings. He/She, or his/her designee,
shall draw ordinances and resolutions for any member of the Council
when and as requested.
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RULE VI
Call to Order; President; President Pro
Tem
[Amended 8-7-2014 by Ord.
No. 14-32] | |
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The President shall take the Chair at the hour
appointed for the meeting and shall immediately call the Council to
order. In the absence of the Council President, the Council Vice President
shall call the Council to order. In the absence of the Council President
and Council Vice President, the Clerk shall call the Council to order.
The Clerk shall then determine whether a quorum is present and in
that event call for the election of a temporary President. Upon the
arrival of the Council President or Council Vice President, the temporary
President shall relinquish the Chair upon the conclusion of the business
immediately before Council.
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RULE VII
Roll Call
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Before proceeding with the business of the Council,
the Clerk or his/her designee shall call the roll of the members in
alphabetical order, and the names of those present shall be entered
in the minutes.
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RULE VIII
Quorum
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A.
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A majority of the whole number of members of
the Council shall constitute a quorum. No ordinance, resolution or
motion shall be adopted by the Council without the affirmative vote
of the majority of all members of the Council; provided, however,
that whenever a member of Council shall have disqualified himself
for reason of conflict of interest, a resolution or motion shall be
adopted by the affirmative vote of a majority of the nondisqualified
members of the Council.
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B.
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Should no quorum attend within 30 minutes after
the hour appointed for the meeting of the Council, the President,
or in his/her absence the Clerk or his/her designee, may thereupon
adjourn the meeting until the next day, unless by unanimous agreement
those members present select another hour or day. The names of the
members present and their action at such meeting shall be recorded
in the minutes by the Clerk.
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RULE IX
Order of Business
[Amended 2-5-2004 by Ord.
No. 04-6] | ||
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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 the Council and the Clerk shall take their regular
stations in the Council chamber, and the business of the Council shall
be taken up for consideration and disposition in the following order:
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1.
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Roll call.
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2.
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Invocation.
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3.
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Pledge of allegiance.
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4.
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Minutes of the previous meeting.
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5.
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Unfinished business.
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6.
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Communications and petitions.
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7.
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Reports.
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8.
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New business (resolutions, ordinances, motions).
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9.
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Hearing of citizens.
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10.
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Adjournment.
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RULE X
Reading of Minutes
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Unless a reading of the minutes of a Council
meeting is requested by a majority of the Council, such minutes when
signed by the President and the Clerk may be approved without reading,
and the yeas and nays shall be entered on the minutes. Upon the call
of the roll, no member shall discuss or explain his/her vote; and
the silence of any Council member who is present shall be recorded
as an affirmative vote unless he/she states directly that he/she abstains.
The minutes of each meeting shall be signed by the presiding officer
and by the Clerk.
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Rule XII
Committees
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There shall be no standing committees of the
Council, other than the committee of the 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 the President pursuant to resolution. No special committee shall
proceed to the consideration of any matter referred to it unless a
majority of the members of the committee shall be present. All committee
meetings shall be held at City Hall. 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.
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Rule XIII
Nominations and Appointments
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A.
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Nominations submitted by the Mayor will be considered
in committee of the whole and reported to the Council not later than
the second next ensuing regular meeting. Any member of the Council
may move a nomination. Within two days after confirmation or rejection
of a nomination, the Clerk shall, in writing, notify the Mayor of
that fact.
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B.
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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 will consider such
nominations in committee of the whole, which will report to a regular
meeting of the Council. Where there is a single office to be filled,
the sense 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.
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Rule XIV
Rules of Debate
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A.
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Question under consideration. When a question
is presented and seconded, it 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 shall be decided without debate.
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B.
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As to the President. The President 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 upon all members, and shall not be deprived
of any of the rights and privileges of a Council member by reason
of being the presiding officer.
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C.
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Getting the floor. Improper references shall
be avoided. Every member desiring to speak for any purpose whatsoever
shall address the presiding officer and, upon recognition, shall confine
himself/herself to the question under debate, avoiding all personalities
and indecorous language. A member may only speak once on the same
subject but may speak to clear up a matter of fact or explain a material
part of his/her speech, except that a member after moving a question
may once again speak on the same subject.
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D.
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Interruption. A member once recognized shall
not be interrupted when speaking unless it be to call him/her to order
or as herein otherwise provided. If a member while speaking is called
to order, (s)he shall cease speaking until the question of order is
determined by the presiding officer, and if in order, (s)he shall
be permitted to proceed. Any member may appeal to the Council from
the decision of the Chair upon a question of order, when without debate
the Chair shall submit to the Council the question, "Shall the decision
of the Chair be sustained?" and the Council shall decide by a majority
vote.
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E.
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Privilege of closing debate. The Council member
moving the adoption of an ordinance or resolution shall have the privilege
of closing the debate.
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F.
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Civic comment. Members of Council who wish to speak during civic
comment shall be limited to a period of 10 minutes' time.
[Added 9-20-2018 by Ord.
No. 18-46] | |
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Rule XV
Addressing the Council
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A.
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Subject to the provisions of Rule XXI, any person
may petition the presiding officer for leave to address the Council,
which permission shall be granted only after a showing to the satisfaction
of the presiding officer that the subject matter of the address deserves
the time and attention of the Council, by oral communication on any
matter over which the Council has control; provided, however, that
notice is given to the Clerk 24 business hours in advance of the Council
meeting, in order that the same may appear on the calendar of the
Council.
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B.
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Any person may orally petition the Council at
any Council meeting for leave to orally address the Council at that
meeting, which leave shall be granted only after showing to the satisfaction
of a majority of the members of the Council present that the subject
matter of the address deserves the time and attention of the Council.
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Rule XVI
Manner of Addressing Council; Time Limit
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Each person addressing the Council shall step
up to the microphone, shall give his/her name and address in an audible
tone of voice for the records, and unless further time is granted
by the Council shall limit the address to 10 minutes. All remarks
shall be addressed to the Council as a body and not to any person
thereof. No person, other than members of the Council and the person
having the floor shall be permitted to enter into any discussion,
either directly or through a member of the Council, without the permission
of the presiding officer. No question shall be asked a Council member
except through the presiding officer.
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Rule XVII
Decorum
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A.
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By Council members. While the Council is in
session, the members must preserve order and decorum, and a member
shall neither by conversation or otherwise except as herein provided
delay or interrupt the proceedings, the peace of the Council, disturb
any member while speaking or refuse to obey the orders of the Council
or its presiding officer.
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B.
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By persons. Any person making impertinent or
slanderous remarks or who shall become boisterous while addressing
the Council shall forthwith be barred from further audience before
the Council, by the presiding officer, unless permission to continue
or again address the Council be granted by the majority vote of the
Council.
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Rule XVIII
Enforcement of Decorum
[Amended 2-5-2004 by Ord.
No. 04-6] | |
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A security officer shall be the sergeant-at-arms
of the Council meetings. He, she or they shall carry out all orders
and instructions given by the presiding officer for the purpose of
maintaining order and decorum at the Council meetings.
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Rule XIX
Ordinances, Resolutions, Motions and Contract
Documents
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A.
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Introduction. Ordinances may be introduced and
adopted by title, except bonding or local improvement ordinances,
which shall be read in full by the Clerk or his/her designee before
consideration by the Council on second and final reading. Every ordinance
after introduction and adoption on first reading shall be published
in full, together with a notice as required by law, and publication
shall be at least 10 days prior to the time fixed for further consideration
for second and final passage. At the time and place so specified in
such notice, all persons interested shall be given an opportunity
to be heard thereon.
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B.
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Prior approval by administrative heads of departments.
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 City Attorney or his/her designee. Prior to presentation,
all such 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 devolve.
Any statement of fact or representation submitted in support of any
such document, resolution or ordinance shall be signed by the Mayor,
Business Administrator or a designee of either of them.
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C.
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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 may present under Rule III, ordinances, resolutions
and other mailers or subjects to the Council, and any Council member
may assume sponsorship thereof by moving that such ordinance, resolution,
matter or subject be adopted in accordance with law; otherwise they
shall not be considered. When a Council member assumes sponsorship
of an ordinance or resolution, (s)he shall countersign the same in
the space provided thereon.
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D.
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All ordinances shall take effect 20 days after
final passage and approval by the Mayor. Two-thirds of the Council
may, however, declare an emergency by written resolution to reduce
this twenty-day period, except the period for bond ordinances shall
not be reduced.
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E.
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Adoption. Ordinances other than bond and appropriation
ordinances shall require four affirmative votes for adoption. Bond
and appropriation ordinances shall require five affirmative votes
for adoption.
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F.
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Veto by the Mayor. Ordinances vetoed by the
Mayor shall require five affirmative votes to override the veto.
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G.
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Preparation. Ordinances amending any existing
ordinances shall contain in brackets the part repealed, and the new
part to be inserted shall be underscored.
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H.
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Emergency resolutions. Resolutions creating
emergency appropriations and budgetary transfers shall require five
affirmative votes for adoption.
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I.
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Any resolution or ordinance put forth by any Council member
which has been defeated shall not be reintroduced for a period of
one year following the vote on said ordinance or resolution.
[Added 9-20-2018 by Ord.
No. 18-46] | |
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Rule XX
Reports and Resolutions to be Filed with
City Clerk
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All reports and resolutions shall be filed with
the City Clerk and entered in the minutes.
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Rule XXI
Adjournment
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A motion to adjourn shall always be in order
and decided without debate.
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Rule XXII
Certification of Passage of Ordinances
over Mayor's Veto
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Whenever an ordinance has been vetoed by the
Mayor and is passed by the Council over such veto in the manner provided
by law, the City Clerk shall append to such ordinances a certification
in substantially the following form:
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"I hereby certify that the above ordinance adopted
by the Council of the City of Trenton on the _____________ day of
___________, was vetoed by the Mayor of the City, and was passed notwithstanding
the veto by the Mayor, on the _______________ day of _________________.
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Dated:
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City Clerk."
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