Chapter 46 Meetings

The Council of the municipality.

All independent boards, commissions, bureaus, committees, councils, subunits or any other bodies now or hereafter created by constitution, statute or otherwise pursuant to law.

Advisory committees of the bodies listed above.

This section shall not apply to subcommittees of such bodies unless such subcommittees have been given authority to take formal action on behalf of their parent body.

§ 46-2 Public meetings.

All public meetings as defined by law shall be held in a municipal public building which shall be open to attendance by the public.

All meetings shall be held in the public building in which the Council usually holds such meetings unless the publicized notice hereinafter required shall designate some other public building or other specified place.

The advance publicized notice of all public convened meetings shall be simultaneously transmitted to all members of the Council and to the public by a method designated by the Council or by the Mayor if the Council has not designated a method.

Such notice shall contain the time and specific place for each meeting in either an enumeration of the agenda subjects known at the time of the notice or a statement that such agenda is kept continually current and shall be readily available for public inspection at the principal office of the public body during normal business hours, and said agenda items shall be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. The Council shall have the right to modify the agenda to include items of an emergency nature only, at such public meetings.

[Amended 6-6-2006 by Ord. No. 1485; 10-21-2008 by Ord. No. 1558]

Except for items of an emergency nature, the agenda shall not be enlarged later than 24 hours before the scheduled commencement of the meeting. The Mayor or any Council member may place an item on the agenda. The minutes of the City Clerk shall include the record of the manner and time by which the advance publicized notice was given, a statement of how the availability of an agenda of the then-known subjects was communicated, the time and specific place of the meeting and the names of each member of the Council present or absent at each convened meeting.

The minutes of the Council shall be a public record open to inspection by the public upon request at any reasonable time at the office of the City Clerk.

Any official action on any question or motion duly moved and seconded shall be taken only by roll call vote of the Council in open session. The requirements of a roll call or viva voce vote shall be satisfied by a city which utilizes an electronic voting device which allows the yeas and nays of each Council member to be readily seen by the public. The record of the City Clerk shall show how each member voted, or that the member was absent or did not vote.

All regularly or specially convened meetings of the City Council shall be duly recorded by an audio recording device, provided that the foregoing shall not be construed to apply to any executive session of such meeting. In addition to any other provision of law related to such matter, the City Clerk shall maintain all such records for a period of not less than one calendar year from and after the meeting from which they were taken.

[Added 10-21-2008 by Ord. No. 1558; amended 9-20-2016 by Ord. No. 1747]

§ 46-3 Closed sessions.

[Amended 6-6-2006 by Ord. No. 1485]

Any public body may hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual and if such individual has not requested a public meeting. The subject matter and the reason necessitating the closed session shall be identified in the motion to close. The entire motion, the vote of each member on the question of holding a closed session, and the time when the closed session commenced and concluded shall be recorded in the minutes. If the motion to close passes, then the presiding officer immediately prior to the closed session shall restate on the record the limitation of the subject matter of the closed session. Closed sessions may be held for, but shall not be limited to, such reasons as:

Strategy sessions with respect to collective bargaining, real estate purchases or litigation.

Discussion regarding deployment of security personnel or devices.

Investigative proceedings regarding allegations of criminal misconduct.

Evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting.

Nothing in this section shall permit a closed meeting for discussion of the appointment or election of a new member to a public body.

The vote to hold a closed session shall be taken in open session. The vote of each member on the question of holding a closed session, the reason for the closed session and the time when the closed session commenced and concluded shall be recorded in the minutes. The meeting shall be reconvened in open session before any formal action may be taken.

Any member of the public body shall have the right to challenge the continuation of a closed session if the member determines that the session has exceeded the reason stated in the original motion to hold a closed session. Such challenge shall be overruled only by a majority vote of the members of the public body. Such challenge and its disposition shall be recorded in the minutes. Nothing herein shall be construed to require that any meeting be closed to the public. No person or public body shall fail to invite a portion of its members to a meeting nor shall a public body designate itself a subcommittee of the whole body for the purpose of circumventing this section, nor shall any closed session, informal meeting, chance meeting, social gathering, or electronic communication be used for the purpose of circumventing the requirements of this section.

The prohibitions in this section shall not apply to chance meetings or to attendance at or travel to conventions or workshops of members of a public meeting at which there is no meeting of the body then intentionally convened, if there is no vote or other action regarding any matter over which the public body has supervision, control, jurisdiction, or advisory power.

§ 46-4 Emergency meetings.

When it is necessary to hold an emergency meeting without reasonable advance public notice, the nature of the emergency shall be stated in the minutes and any formal action taken in such meeting shall pertain only to the emergency. Such emergency meetings may be held by means of electronic or telecommunication equipment. The provisions of § 46-7 of this chapter shall be complied with in conducting emergency meetings.

§ 46-5 Minutes.

Each public body shall keep minutes of all meetings showing the time, place, members present and absent and the substance of all matters discussed.

The minutes shall be a public record and open to public inspection during normal business hours.

The minutes shall be written and available for inspection within 10 working days or prior to the next convened meeting, whichever occurs earlier.

§ 46-6 Votes.

Any action taken on any question or motion duly moved and seconded shall be by roll-call vote of the public body in open session, and the record shall state how each member voted, or if the member was absent or not voting.

The vote to elect leadership within a public body may be taken by secret ballot, but the total number of votes for each candidate shall be recorded in the minutes.

§ 46-7 Notice to news media.

The Municipal Clerk, Secretary or other designee of each public body shall maintain a list of the news media requesting notification of meetings and shall make reasonable efforts to provide advance notification to them of the time and place of each meeting and the subjects to be discussed at that meeting.

§ 46-8 Public participation.

[Amended 5-19-1992 by Ord. No. 1118; 5-15-2001 by Ord. No. 1345; 9-17-2024 by Ord. No. 2033]

Subject to the provisions of this chapter, the public shall have the right to attend and the right to speak at meetings of public bodies, and all or any part of a meeting of a public body, except for closed sessions called pursuant to § 46-3, may be recorded by any person in attendance by means of a tape recorder, a camera, video equipment, or any other means of pictorial or sonic reproduction, or in writing. Except for closed sessions called pursuant to § 46-3, a public body shall allow members of the public an opportunity to speak at each meeting.

Any public body may make and enforce reasonable rules and regulations regarding the conduct of persons attending, speaking at, videotaping, televising, photographing, broadcasting, or recording its meetings, including meetings held by virtual conferencing.

Before the Council takes action on any agenda item, any proponents and any opponents of the measure shall be allowed to speak. Proponents and opponents need not be given a second opportunity to speak on any item laid over or continued to a subsequent agenda. Unless otherwise set by the Council, public comments on ordinances will be received on the second reading. Individual speakers shall be limited to speaking for no more than five minutes on any agenda item unless granted additional time by the presiding officer.

§ 46-9 Organization.

The newly elected Council shall convene at the regular place of meeting in the city on the first regular meeting in December of each year in which a municipal election is held immediately after the prior Council adjourns and proceed to organize themselves for the ensuing year.

The Mayor elected for the new municipal year shall call the meeting to order. The Council shall then proceed to examine the credentials of its members and other elective officers of the city to see that each has been duly and properly elected, and to see that such oaths and bonds have been given as are required. After ascertaining that all members are duly qualified the Council shall then elect one of its own body who shall be styled as "President of the Council."

The Mayor shall then nominate his or her candidates for appointive offices. The Mayor shall then proceed with the regular order of business. It is hereby made the duty of each and every member of the Council, or their successor in office, and of each officer elected to any office, to qualify prior to the first regular meeting in December following his or her election.

All appointive officers shall qualify within two weeks following their appointments. Qualifications for each officer who is not required to give bond shall consist of he or she subscribing and taking an oath to support the Constitution of the United States, the Constitution of the State of Nebraska, the laws of the municipality and to perform faithfully and impartially the duties of the office; said oath to be filed in the office of the City Clerk. Each officer who is required to give a bond shall file the required bond in the office of the City Clerk with sufficient sureties, conditioned on the faithful discharge of the duties of his or her office, with the oath endorsed thereon.

§ 46-10 Time.

[Amended 5-18-1999 by Ord. No. 1295; 2-21-2012 by Ord. No. 1638]

Regular meetings of the City Council shall be held at the City Council Chamber in the City Hall commencing at 7:00 p.m. on the first and third Tuesdays of each month; 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 falls upon the first Tuesday in November of an election year (national election day) or on the primary election day, such meetings shall be held at the same hour on the next succeeding day not a holiday. Special meetings may be held at said chambers whenever called by the Mayor or any four Councilpersons.

A majority of all the members elected to the Council shall constitute a quorum for the transaction of any business, but a lesser number may adjourn, from time to time, and compel the attendance of absent members.

A majority of all the remaining members elected to the Council shall constitute a quorum when there is a vacancy because of death, resignation or failure of an elected or appointed Council member to qualify. An affirmative vote of not less than 1/2 of the elected members shall be required for the transaction of any business.

§ 46-11 Witnesses.

The Council or any committee of the members thereof shall have power to compel the attendance of witnesses for the investigation of matters that may come before them. The presiding officer of the Council, or Chairperson of such committee for the time being, may administer such requisite oaths. The Council or committee shall have the same authority to compel the giving of testimony as is conferred on courts of justice.

§ 46-12 Order of business.

[Amended 5-19-1992 by Ord. No. 1118; 3-16-1999 by Ord. No. 1282; 2-17-2004 by Ord. No. 1431]

All meetings of the Council shall be called to order by the presiding officer at the time set for the meeting, whereupon the Clerk shall call the roll of the Council persons, and if there is a quorum present, the Council shall proceed to business in the following order:

[Amended 6-6-2006 by Ord. No. 1485]

Roll call;

Pledge of allegiance;

Affidavit of publication;

Public announcement that a current copy of the Open Meeting Act is posted in the City Council chambers;

Proclamations;

Oath of office;

Presentations;

Administrator’s report;

(9)

Consent agenda items;

(10)

Ordinances first reading;

(11)

Ordinances second reading and public hearings;

(12)

Ordinances third reading and resolutions;

(13)

Committee reports;

(14)

Comments from the floor;

(15)

Comments from the Mayor and Council; and

(16)

Adjournments.

All consent agenda items shall be considered approved by a majority of those members elected to the City Council unless, prior to the vote on the consent agenda items, an item is removed from the consent agenda items list and placed in one of the other agenda categories by a City Council member. The removal by a Council member of a consent agenda item shall be announced by the Council member prior to the vote on the consent agenda items list, and said removal does not require the approval of any other member or members of the Council. The consent agenda items shall consist of but are not limited to the following:

Approval of the agenda;

Approval of minutes;

Approval of bills;

Approval of appointments to boards, commissions, and committees;

(5)

Approval of resolutions for:

(a)

Special designated permits;

(b)

Agreements, contracts, and plans;

(c)

Advertise for bids;

(d)

Final payments; and

(e)

Policy guidelines.

§ 46-13 Rules of conduct.

[Amended 5-20-1997 by Ord. No. 1245; 3-3-2020 by Ord. No. 1869]

The business and proceedings of the meeting of the Council shall be conducted in accordance with the following rules.

The presiding officer may refer back to any order of business after passing it, if there is no objection from any Councilperson.

The presiding officer shall preserve order at all meetings and when any Councilperson is called to order he or she shall be seated until the point is decided. All questions of order shall be decided by the presiding officer, subject to appeal to the Council. In such appeal, a Councilperson shall state briefly what in his or her opinion the ruling should have been and upon this appeal being seconded, the question of the appeal shall be put by the presiding officer.

When a question is being put by the presiding officer, no Councilperson shall leave the Council chambers.

Upon request of any Councilperson, any motion or resolution shall be reduced to writing before being acted upon.

Every Councilperson shall vote on each question put by the presiding officer unless excused from doing so by a majority of the Council present, or unless the Councilperson states that recusal from voting is required because of a conflict of interest, ethical or professional restriction, or other legal requirement.

No motion shall be put or discussed until it has been seconded.

The minutes of the meeting shall show the Councilperson who offered or introduced a motion, resolution or ordinance and the Councilperson who seconded the same.

The "yeas" and "nays" upon any question shall be taken and entered on the minutes.

The Council may reprimand or censure any of its members for improper behavior as Councilpersons.

Any resolution, ordinance or motion may be withdrawn by its introducer or mover with consent of the Councilperson seconding same before same is voted upon.

Motions.

Motions to reconsider may only be made by a Council member who voted with the majority or prevailing position on the subject to be reconsidered or who was absent at the meeting when the merits of the subject to be reconsidered were originally heard or who voted in the negative in case of a tie that was not broken by vote of the Mayor. When a motion to reconsider a question has been decided, no further motions to reconsider that question may be made. A motion to reconsider may be made at the same or a subsequent regular Council meeting. A motion for reconsideration made at any meeting shall require the favorable vote of a majority of the members elected to the City Council to pass.

A request that a motion for reconsideration be placed on a Council agenda may be made only by a Council member entitled to move for reconsideration. A request for placement on a Council agenda must be made to the City Clerk at least 12 days prior to the meeting at which the motion for reconsideration may be made. Upon receiving a request to place a motion for reconsideration on an agenda, the City Clerk shall promptly notify all Council members of the request.

Any Council member making a request for a motion to reconsider shall provide to the Mayor and other members of the City Council a written explanation delineating the reasons for said request.