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HomeMy WebLinkAbout09-96 Resolution RECORD OF RESOLUTIONS Dayton legal Blank Ca., Farm No. 30045 Resolution No~9-96 Passed nmnun~ mmmu__ .________19~___~m A RESOLUTION TO REPEAL THE EXISTING COUNCIL RULES OF ORDER AND TO ADOPT NEW COUNCIL RULES OF ORDER WHEREAS, Council is authorized by the Charter to adopt Rules of Order; and WHEREAS, the citizens of Dublin, Ohio adopted the Revised Charter on March 19, 1996 which will become effective on July 4, 1996; and WHEREAS, the provisions of the Revised Charter necessitate changes to procedures of Council as currently outlined in the existing Council Rules of Order; and WHEREAS, other provisions of the existing Council Rules of Order have become outdated since adoption fifteen years ago by Resolution No, 28-81, or since amendment ten years ago by Resolution No. 02-86. NOW, THUEFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, of the elected members concurring: Section 1. The existing Council Rules of Order are hereby repealed. Section 2. The Council Rules of Order, attached hereto as Exhibit "A" are hereby adopted. Section 3. This resolution shall take effect on the earliest date permitted by law. Passed thisc:tt.L day of , 1997. ATTEST: {~ (2 (!A!..~- Clerk of Council I hereby ~erlify lhot copies of this '9l'th\811ce/Resolution w~re po.sterl in the City of Dublin in occordance wjt~ Section 731.25 of the \)1110 ReVIsed Code, t\9>t (I"~I~~;' COUNCIL RULES OF ORDER 1. DEFINITION OF TERMS 1.01 Charter - the Revised Charter of Dublin, Ohio effective July 4, 1996, and its amendments, if any; 1.02 Member - a member of Council; 1.03 Chair - the presiding officer of Council who is the Mayor under the Charter; 1.04 Clerk - the Clerk of Council; 1.05 Meeting - any regular, alternate or special meeting of Council; 1.06 Quorum - a majority of the members elected to Council; 1.07 Standing Committee - a permanent committee created by Council resolution, usually composed of three members; and 1.08 Ad Hoc Committee - a temporary committee created by Council motion, usually composed of two members; 2. APPLICATION OF RULES 2.01 Except as otherwise provided by the Revised Charter or laws of the State of Ohio, the functioning and proceedings of Council shall be governed by these Council Rules of Order. 2.02 On matters involving parliamentary procedure not provided for in these Council Rules of Order, the Clerk's latest revised edition of lIRobert's Rules of Orderll shall be referenced by the Mayor as persuasive, rather than binding, and the Mayor's determination shall be final. 2.03 The Law Director shall act as parliamentarian and, when applicable, shall interpret lIRobert's Rules of Orderll for Council. 2.04 These Rules of Order shall not be altered except by a vote of a majority of all members of Council, and at a regular or alternate meeting. The proposition to make an amendment shall be in the form of a resolution, and shall be submitted and read to Council at a meeting preceding the one at which it is acted upon. These Rules of Order may be suspended, when appropriate, by a majority vote of all Council members. Revised June 5, 1997 1 3. COUNCIL COMMITTEES 3.01 Ad hoc committees may be created by Council to review, study and make recommendations on specific matters, The Mayor shall appoint each ad hoc committee, give it a charge, and establish the time frame within which the committee is to report to Council. When an ad hoc committee has completed its charge, the existence of the committee shall terminate, 3.02 Council, from time to time, may establish new standing committees, assign the functions of standing committees, add, combine, expand, contract or eliminate certain standing committees as it deems necessary for the proper functioning of Council. 3.03 Membership and chairship of each standing committee shall be determined by consensus, taking into consideration the preferences, willingness, and experience of each Council member, 3.04 The Standing Committees of Council have been established as the Administrative Committee, Community Development Committee, Finance Committee, and Public Services Committee, a. The Administrative Committee shall review issues relating to Council employee evaluations; City personnel policies, compensation and benefits; board and commission appointments; strategic planning; goals setting; policy process; marketing and communications; and Council procedures and operations. b. The Community Development Committee shall review issues relating to economic development, growth management and transportation systems, c. The Finance Committee shall review issues relating to general taxation policy; hotel/motel tax grant applications; operating budgets; capital improvement programs; and fees, d. The Public Services Committee shall review issues relating to police, fire and emergency services; Revised June 5, 1997 2 traffic and related issues; public health and human services; parks and recreation; utilities, telecommunications and energy; and engineering, 3.05 The Clerk of Council shall provide for the electronic recordings of all ad hoc and standing committee meetings and will maintain these recordings as the permanent record of these meetings. 4. COUNCIL MEETINGS 4.01 Regular meetings shall be held on the first and third Mondays of each month. Meetings shall be convened in the Council Chamber of the City of Dublin at 7:00 p.m" or in an alternate public place within the City of Dublin corporate limits, provided that a public notice shall be posted on the entrance doors of the Municipal Building 24 hours prior to the meeting time. In the event that a regular meeting date of the Council coincides with a legal holiday, or presents a conflict for a majority of members, Council may establish an alternate date, or cancel the regular meeting, The Clerk shall ensure that any cancellation, alternate date or alternate location is published in local newspapers. 4.02 The Mayor and City Manager shall confer regularly regarding the agenda for Council meetings, after which the Mayor shall determine the agenda. Upon concurrence that a meeting may become unduly lengthy due to the content and/or number of items on an agenda, the Mayor may divide the agenda and defer items to the following regular meeting, or call a special meeting. 4.03 Special meetings are governed by the Revised Charter, Article III, Section 3,06(b). 4.04 Members shall be present during all regular and special meetings, Excused absences shall be granted by the Council when a member is ill, there is sickness or death in a member's family, when a member is absent from the City, when job requirements demand immediate attention, or on special leave. 5. COUNCIL MEETING AGENDA Revised June 5, 1997 3 5.01 Except for emergency matters or other special matters requiring the immediate attention of Council, a listing of business to be considered by Council shall be prepared and delivered to each member at least 72 hours prior to each regular Council meeting. 5.02 Any person may request that a matter of business be placed on the agenda provided sufficient notice is provided either the Mayor, City Manager or the Clerk of Council, All proposed agenda items must be delivered to the Clerk of Council prior to 10:00 a.m. on the Thursday preceding the meeting. 5.03 It is the responsibility of the Clerk to prepare and deliver the agenda and all supporting documentation under the general supervision and direction of the Mayor and the City Manager, All members of the City organization and members of the public are encouraged to cooperate with the Clerk in making the agenda complete and accurate, While nothing herein will prevent the introduction of new business not listed on the agenda, Council may require additional time to study any item not included on the agenda. 5.04 Council may, upon majority vote of its members, modify the order or contents of the agenda at a Council meeting, 6. NOTICE OF MEETINGS 6.01 Public Notice The Clerk shall cause to be published one time in at least one newspaper of general circulation in the City of a statement of the dates, times, and places of the Council meetings regularly scheduled for the calendar year, Said publication shall occur no later than the day preceding the day of the first such regular meeting for the calendar year. The Clerk of Council may use any other medium appropriate for notice of public meetings, 6.02 Public Posting The Clerk shall also post a statement of the dates, times, and places of each regular Council meeting for the calendar year at least one week prior to the first Revised June 5, 1997 4 regular meeting of the calendar year, Said posting shall be done at three (3 ) locations set forth in Section 4.12 of the Revised Charter, The Clerk shall check at reasonable intervals to insure that this statement remains posted. 7. PUBLICATION OF MEETING AGENDAS 7.01 Newspaper Publication The Clerk shall make arrangements to have the "tentative" agenda for any regular, alternate or special meeting published in at least one newspaper of general circulation in the City. The "tentative" agenda shall be that agenda which is prepared and distributed to the press/media on the Tuesday preceding a regular or an alternate meeting, or that agenda which is prepared in advance of a special meeting. 7,02 Agenda Packets for Press/Media The Clerk shall make available a copy of the agenda for any regular, alternate or special meeting to any news organization requesting same, The agenda will include copies of new ordinances and resolutions and other materials shall be made available at the discretion of the City Manager, These agenda packets will be made available to news organizations by 4:30 p.m. on Thursday prior to regular or alternate meetings, and as soon as practicable prior to special meetings. It is the responsibility of the news organization to make arrangements for pick-up of its agenda packet. 8. ORDER OF BUSINESS The Mayor shall take the chair at the hour appointed for the meeting of Council and shall call the meeting to order and direct the Clerk to call roll, If a quorum is present, the meeting shall continue. The order of any regular or alternate meeting shall be as follows: 1. Call to Order 2. Pledge of Allegiance Revised June 5, 1997 5 3. Roll Call 4, Action of Minutes of previous meeting(s) 5. Correspondence 6 . Proclamations/Special Recognitions 7 . Citizen comments 8 , Legislation a, Tabled legislation b. Public hearings c. Second reading of ordinances/resolutions d. First reading of ordinances/resolutions 9. Other Business 10. Council Committee Reports/Council Roundtable 11. Adjournment 12. Executive Session if necessary 9 . REQUEST TO SPEAK 9.01 Members' Right to Speak a. While each member has the right to speak, the member must request this right by addressing the chair. Upon being recognized, the member may proceed, b. No member may filibuster, No member may speak for more than five (5) minutes continuously, except by leave of the Mayor. The decision by the Mayor in this matter is final, Reference to personalities shall be avoided by all speakers, c. A member may speak a second time on any one question only after all members have been given an opportunity to speak. d. The Mayor shall regulate debate in any other manner that she/he deems necessary, provided that the rights of all persons to express their views are respected. e. By a motion duly made, seconded, and passed by a majority of members present, the Council may overrule any limitation of debate by the presiding officer and allow a member to speak for an additional five (5 ) minutes. 9.02 Residents/Interested Parties' Duties Any resident or interested party desiring to address the Council shall be first recognized by the chair, She/he Revised June 5, 1997 6 shall then step to the floor microphone and state her/his name and address in an audible tone for the Clerk's record. Remarks shall be limited to the question under discussion. All provisions of 9,01 apply. 9.03 City Employees The City Manager and any other appointed, administrative level official shall be entitled at all times to any privilege of the floor for the purpose of speaking upon any questions that pertain to their duties, responsibilities and authority. All provisions of 9.01 apply. 10. VOTING PROCEDURES 10.01 Every member present, when a question is put, shall vote unless the member has an ethical conflict of interest, Any member requesting permission to abstain may make a brief statement of the reason for making such a request. The question shall then be immediately taken without further debate. 10.02 Voting on all legislation shall be oral and ln open Council, No proxy votes are permitted, When the Clerk calls roll, each member shall respond "yes, " "no, " "present," or "abstain, " No other comment is permitted during voting. The order of voting shall rotate in a random manner, 10.03 The Mayor shall announce the results of the voting, and state whether the matter voted upon passed or failed. 10.04 No vote of a member shall be questioned. Any member so desiring may briefly comment upon the vote personally cast after the roll call and announcement of the result. The Mayor shall decide upon the propriety of the comments and monitor the length of same. ll. LEGISLATING PROCEDURE 11.01 The introduction, passage and amendment of ordinances and resolutions shall be governed by Article IV of the Revised June 5, 1997 7 Charter. 11.02 A member may speak on any legislation; call for questions; ask for a statement of the question (which the Mayor shall render); call for a division of the questions (the Mayor shall render a decision regarding the divisibility of any question and said decision shall be subject to appeal as is a question of order) ; and question the City Manager. Any two members may demand the previous question. 11.03 Any member may introduce such legislation as the member deems appropriate, Legislation can be prepared and recommended by the Administration, a Standing Committee of Council, an ad hoc committee of Council, or a City Board or Commission; all such legislation must be introduced by a member. 11.04 Every motion shall be reduced to writing if the chair or a member so requests. 11.05 When a motion is offered and seconded, it shall be transcribed and read back by the Clerk before debate. When written, it shall be read by the Clerk before debate. 11.06 After a motion has been read by the Clerk, it shall be deemed to be in Council's possession and may be withdrawn only by leave of the Council. 11.07 Ordinances and resolutions shall be read by ,title only unless there is an objection from one of the Council members at which time the Council shall meet the requirements of Article 4.04 of the Revised Charter. 11.08 Form of ordinances/resolutions a. All ordinances and resolutions shall continue to be written in the same format and style as was in use at the time these rules were enacted by Council, All such legislation shall be assigned a number by the Clerk, prior to its first reading before Council. Said number shall be assigned according to a system that reflects the sequential order and year, e.g. , 01-97. Revised June 5, 1997 8 b. Each ordinance/resolution shall contain not more than one subject, which shall be fully described in the caption in easily understood terms, 11. 09 Second Readings/Public Hearings - No motion is required on second readings. After debate has closed, the Mayor shall direct the Clerk to call the roll. 11.10 Motion to Reconsider - Any member who voted on the prevailing side may move a reconsideration of any action of the Council, provided that the motion be made not later than the next regular meeting after such action was taken, A motion to reconsider shall be in order at any time, except when a motion on some other subject is pending. A motion to reconsider being laid upon the table may be taken up and acted upon at any time. No motion to reconsider shall be made more than once on any matter or subject, 11.11 Order of Consideration of Questions - All questions shall be considered in the order in which they are made. 11.12 Motion Made - Additional Proper Motions - When a question is before Councilor under debate, or a motion has been made, no other motion shall be proper, except the following and these take precedence according to the order listed: 1. to adjourn 2. to table until future stated time 3, request cessation of debate and vote be taken 4. to refer to a standing or ad hoc committee 5. to amend the matter under discussion 6 . to postpone action for an indefinite time or to a date certain. 11.13 Question Without Debate - the following questions shall be considered without debate: 1. to adjourn 2. to lie on the table 3. to take from the table 4. all questions relating to priority . 11.14 Motion to Postpone - Adjourn Revised June 5, 1997 9 a. A motion to postpone (to a day certain or indefinitely) shall not again be allowed at the same reading of the ordinance or resolution under consideration. b, A motion to adjourn shall always be in order, but if decided in the negative, it shall not be entertained again until some motion, order, or decision has taken place. 11.15 Motion to Take From the Table - A motion to remove any matter from the table shall be in order after consideration of one question succeeding the tabling. This is not debatable. Any matter removed from the table shall not be considered or acted upon until the next or a subsequent meeting. 11.16 Motion to Strike Out - A motion to strike out and insert shall be deemed divisible and a refusal to strike out equivalent to agreeing to the matter ln the form, but shall not preclude further amendment by way of addition, 11.17 Appeal Decision of the Chair - On appeal from the decision of the chair, no member shall speak more than once, and the chair shall have preference. 11.18 Call to Order - If any member, in speaking or otherwise, violates the rules of Council, the chair or any member may call her/him to order and the member so called shall cease speaking until the question of order is decided. 12. MISCELLANEOUS 12.01 Council Courtesies No member shall privately confer while Council is in session with anyone other than a fellow member, the City Manager, the Clerk, or Law Director. Such discussions as are permitted shall be brief and shall be conducted in a tone and manner so as not to disturb the proceedings. 12.02 Confidentiality a. On matters where public knowledge of same could be detrimental to the City's position on legal, fiscal, Revised June 5, 1997 10 property acquisition, personnel or other matters deemed by Council or the City Manager to require confidentiality, all members shall limit and/or restrict discussion and/or dissemination of the confidential information unless and until Councilor the City Manager decides such matters may be discussed publicly, b. No member may speak for the Council as a body unless specifically authorized to do so by Council, 12.03 Enforcement of Rules The Mayor shall conduct all Council meetings in accordance with these rules and shall preserve order at all meetings, and shall enforce the rules of Council, either by private or public reprimand. 12.04 Violation of Rules If any member, in speaking or otherwise, shall violate any rule of Council, the Mayor shall call the member to order, If such member is speaking when called to order, the member immediately cease speaking unless permitted to explain. The question of order shall be decided without debate, at the Mayor's discretion. Revised June 5, 1997 11