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HomeMy WebLinkAbout28-81 Resolution ;"'~_",<W>_M__'_,""--'--'"_-""'-'_ __, ~~~ - - - . --~- --~- ----------- - - ------ - ~ -------- - 98~ , "-' Q RECORD OF RESOLUTIONS I National Graphics Corp,. Cols,. 0, ~ ~ICS Form No. 6233-A I I I I i Resolution N 0 ._____~!3:-::!3_L{~_S__!\f!l_~D_ded) P assed____________________________ ____ -----___________19 ________ ! A RESOLUTION TO ADOPT COUNCIL RULES OF ORDER ~ AS FORMULATED BY A COMMITTEE. WHEREAS, a committee of Council has formulated a set of Council rules of order for consideration by the Village Council, and; WHEREAS, Council is of the opinion that said Council rules of order should be adopted: NOW THEREFORE, BE IT RESOLVED by the Council of the Village of Dublin, State of Ohio, ~ of the elected members concurring: SECTION 1. That the Council rules of order as formulated by committee, be and hereby are, adopted. SECTI ON 2. That this Resolution shall take effect and be in force from and after the earliest period allowed law. Passed this c1yth day of (<)to ofe rn he r , 1981 , fadv:'/~J - Mayor-presiding officer [] ATTEST: ~m.~ Clerk of C ncil Sponsored by: C. Headlee and B. Maurer B I \ ----"--- Resolution No. 28-81 [ (Passed 9/28/81) ! C 0 U N C I L R U L E S o F o R D E R, WHEREAS, this Council is authorized by the Charter and by general law to determine its own rules of procedure; and WHEREAS, it is Council's desire to adopt such rules; NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of Dublin, State of Ohio, ~ of the elected members concurring: SECTION 1 That we, the members of the Dublin Village Council, hereby adopt the following rules, regulations and bylaws, and agree to subscribe to them. All regular and special meetings will be conducted according to these . I rul es . These rules are adopted for the governance and procedure of the j Council, and supersede any and all previously enacted rules of Council. SECTION 2 [ Said rules of Council are these: ! RULES OF COUNCIL 1. DEFINITION OF TERMS - The following definitions are relevant: Charter - the Charter of Dublin, Ohio Chair - The presiding officer of Council which is the Mayor under the Charter Mayor - the president of Council; also includes Vice-Mayor when serv- ing as president pro tempore Meeting - any regular or special Council meeting, Clerk - the Clerk of Council Member - a member of Council . Manager - the Manager 0 f Dublin, Ohio; also includes the Manager IS Assistant/Acting Manager when acting as Manager Law Director - the Law Director of Dublin, Ohio; also includes Assistant Law Director(s) when acting as Law Director Select Committee - an ad hoc committee of Council members appointed by the Mayor to study a specific matter Question - question of passage of a refrain, resolution, or motion Quorum - a majority of the members elected to Council shall constitute a quorum , ,- ( 2. APPLICATION OF RULES - Except as otherwise provided by the Charter or law, the proceedings of Council shall be governed by these rules. 3. COUNCIL MEETINGS --' 3.1 Regular Meetings a. Regular meetings of Council shall be held on the first and -2- [ I third Mondays of each month. Said meetings shall be convened in the Council Chamber of the Village of Dublin at 7:30 P.M., or in any other public place within the corp~ate limits of the Village of Dublin provided that a public notice shall be posted on the entrance doors of the Municipal Building, 6665 Coffman Road, 24 hours prior to the meeting time if the site is other than said Council Chamber. In the event that a regu- lar meeting of the Council coincides with a legal holiday, the Clerk shall insure that said alternate date is noted on the Tentative Agenda for the Council meeting published in local newspapers. j b. The Mayor and Manager shall confer regularly regarding the I Agenda for meetings. If they concur that a meeting may be- I come unduly lengthy due to the content and/or number of items I on an Agenda, they shall divide the Agenda and establish an additional regular meeting for that month. ~ ~ 4. SPECIAL MEETINGS - Special meetings are governed by the Charter, ~ Article III, Section 3.06 (b). I i 5. COUNCIL ORGANIZATION - Council officers and election of same are governed j I by the Charter, Article III, Section 3.04. From among its membership, I I Council is to elect a Mayor and Vice-Mayor (in each even numbered year) I [ I I and select a member to represent Council on the Planning and Zoning j Commission. ~ J I i 6. DUTIES OF COUNCIL 1 j Council members are the only elected officials under the Charter and, 0 1 I therefore, are the direct representatives of all Dublin residents. 1 j 1 Council is charged with the responsibility of determining policy. In determining policy, the Council must come to a decision and authorize f that the decision be carried out by the Manager and the staff under her/his direction. Thus, the Council must hold the Manager responsi- ~ 1 ble for properly implementing policy decisions. l No member may make a statement of Council Policy, unless the matter has been voted on by the Council. Its members may express her/hxs I opinion on the matter, and cite past examples of what Council has done in similar situations. rl No member may speak for the Council as a body unless specifically r authorized to do so by the Council. 1 1 7. CLERK OF COUNCIL - The Clerk of Council shall perform those duties 11 C enumerated in the Charter. Said duties include keeping an accurate ~.t and complete journal of the proceedings of Council. it :~ : ~.. j 8. CONFIDENTIALITY - On items where public knowledge of same would/could . ~ l be detrimental to the Village's posture on legal, fiscal, acquisition ~ of property, personnel and other matters deemed by Council to be con- , " d -3- [i fidential, utmost care should be exercised by all members in reveal- ing information. The Manager and Mayor shall advise Council about which matters should be held to be confidential, and the output of information to the press, the media, and the public about such matters shall be appropriately limited. 9. COMMITTEES 9.1 Appointment - The Mayor is authorized to appoint any number of mem- bers to a Select Committee of Council. A Select Committee shall be formed as necessary to review, study and make recommendations on a specific problem or matter. The Mayor will appoint the committee, give it a charge and establish the time frame within which the committee is to report to the entire Council un the matter under review. 9.2 Committee Records - Every Select Committee shall select one of its members to keep a record of its meetings. Said records shall be filed with the Clerk who will maintain them in a per- manent record. 9.3 Expiration of Committee - When a Select Committee has completed [ the charge given it by the Mayor, the committee's term will cease. 10. DUTIES OF MEMBERS 10.1 Attendance of Members - It shall be the duty of all the members to be present during all regular and special sessions of Council. Exceptions shall be granted when the member is ill, there is sickness or death in the member 's family, when the member is absent from the Village, when job requirements demand immedi- I ate attention, or on special leave granted by the Council. I I 10.2 Removal of Officials - Removal of members is governed by the Charter, Article IX. ! , 10.3 Members 'Rights Ii I; A member may introduce legislation by submitting to the q a. 1~ Manager a draft of the proposed legislation. A member I~ I: I,j shall consult with the Administration before submitting IiI "1 legislation to Council for enactment. !r 1: b. A member may speak on any legislation; call for questions; 1'1 '; ask for a statement of the qu~tion (which the Mayor Iii It.} shall render); call for division' of the questions (the i!l Ii C Mayor shall render a decision regarding the divisibility I of any question and said decision shall be subject to ,4 j appeal as is a question of order); and question the Ii! Manager. Any two members may demand the previous ques- lJ II ti on. ~1 c. No member shall vote on any question where she/he or a I' ~ I" I "~~-'.'- -4- [ j member of the Council members immediate family has a financial or monetary interest in the result. H. VOTING 1 I Every member present, when a question is put, shall vote unless I 11.1 , Council excuses her/him for a special reason. Any member re- i questing to be excused may make a brief statement of the reason I for making such a request. The question shall then be immedi- i ately taken without further debate. Any member present may :\ vote or may abstain from voting. ! I 11.2 Voting on all legislation shall be oral and in open Council. r 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 I voting shall rotate in a random manner. 11.3 The Clerk shall announce the results of the voting, and state " whether the matter voted upon passed or failed. I' I; H.4 No vote of a member shall be questioned. Any member so de- n [ i; siring.may briefly comment upon her/his vote after the roll 11 call and announcement of the result has been completed. The , Mayor shall decide upon the propriety of the comments and 1 monitor the length of same. ; 1 12. REQUEST TO SPEAK 12.1 Riqht to Speak - While each member has the right to speak, she/he must request this right by addressing the chair. Upon being recognized, she/he may~proceed. 12.2 Limitation of Speakers a. No member may filibuster. Nq 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. b. A member may speak a second time on anyone question only after all members have been given an opportunity to speak. c. The Mayor shall regulate deq~te in any other manner that she/he deems necessary~~rovided that the rights of all persons to express their views are respected. C d. 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. -5- [ 13. RESIDENTS/INTERESTED PARTIES' DUTIES - Any resident or interested party desiring to address the Council shall be first recognized by the chair. She/he 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 12.2 apply. 14. VILLAGE EMPLOYEES - The Manager and any other appointed, administra- tive 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 pro- visions of 12.2 apply. 15. 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 pri- vate or public reprimand, or according to the terms of Article XI of the Charter. 16. VIOLATION OF RULES - If any member, in speaking or otherwise, shall violate any rule of Council, the Mayor shall call her/him to order. If such member is speaking when called to order, she/he shall immediately cease speaking unless permitted to explain. The ques- [ tion of order shall be decided without debate, at the Mayor's dis- I ! cretion. i i 17. CONDUCT OF BUSINESS 1, 17.1 The Agenda a. 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. I b. Any person may request that a matter of business be I placed on the Agenda provided sufficient notice is I provided the Manager and Clerk. The Manager, Clerk 1 I or Council will receive items for the Agenda (in a form that is not less than a legible, rough draft) I until 10:00 a.m. on a Thursday preceeding the meeting. ! I c. It is the responsibility of the Clerk to prepare and deliver the Agenda and all supporting documentation l under the general supervision and direction of the ,. Manager. All members of the Village organization and ~ \ members of the public are encouraged to cooperate ;! with the Clerk in making the Agenda complete and j:: accurate. White nothing herein will prevent the in- ~j }! troductionpr new business not listed on the Agenda, " C "1 Council may require additional time to study any ;1 ri item not included on the Agenda. ~ : 18. NOTICE OF MEETINGS it , r; ~1 18.1 Newspaper Notice - The Clerk shall cause to be published one U fl time in at least one newspaper of general circulation in the i'I H ~it + :1 , -6- [ . j Village 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 preced- ing the day of the first such regular meeting for the calen- dar year. 18.2 fublic 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 regular meeting of the calendar year. Said posting shall be done at three (3) locations set forth in Section 4.14 of the Charter. The Clerk shall check at reasonable inter- vals to insure that this statement remains posted. 19. PUBlICATION Of MEETING AGENDAS 19.1 Newspaper Publication - The Clerk shall make arrangements to have the "Tentative" Agenda for any regular or special meet- ing published in at least one newspaper of general circula- tion in the Village. Said "Tentative" Agenda shall be that Agenda which is prepared and distributed to the press/media on the Tuesday preceding a regular meeting, or that Agenda [ which is prepared in advance of a special meeting. 19.2 Agenda Packets for Press/Media - The Clerk shall make avail- able a copy of the Agenda for any regular or special meeting to any news organization requesting same. Said Agenda will include copies of new ordinances and resolutions and other materials shall be made available at the discretion of the Manager. These Agenda packets will be made available to news organizations by 4:30 P.M. on Thursday prior to regular meetings, and as soon as practicable prior to special meet- ings. It is the responsibility of the news organization to make arrangements for delivery of its "packet." 20. 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 theCieirk to call roll. If a quorum is present, the meeting shall continue. The order of any regular meeting shall be as follows: 1. Call to Order 2. Roll Call 3. Pledge of Allegiance .C 4. Action or minutes of previous meeting(s) 5. Correspondence 6. Manager's report(s) 7. Financial Report 8. Public Hearings (if any) 9. Tabled legislation -7- [; 10. Legislation a. Third reading of ordinances/resolutions b. Second reading of ordinances/resolutions c. First reading of ordinances/resolutions I!. New business may be considered as a first reading 12. Citizen comments 13. Poll of individual members for comments 14. Adjournment 2I. COUNCIL COURTESIES No member shall privately confer while Council is in session with anyone other than a fellow member, the 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. 22. LEGISLATING PROCEDURE 22.1 The introduction, passage and amendment of ordinances and resolutions shall be governed by Article IV of the Charter. [ 22.2 All proposed ordinances and formal resolutions shall be sponsored by a member of Council, the Manager, a Board/Com- mission, or a Select Committee. No party other than the listed above may sponsor legislation. The legislation proposed shall bear the name of the sponsor on the bottom of the last page. 22.3 Every motion shall be reduced to writing if the chair or a member so requests. 22.4 When a motion is offered and seconded, it shall be tran- scribed and read back by the Clerk before debate. When writte~ it shall be read by the Clerk before debate. 22.5 After a motion has been read by the Clerk, it shall be deemed to be in Council's possession and may be with- drawn only by leave of the Council. 22.6 Ordinances and resolutions shall be read by title only unless there is an objection from one of the Council members at which time Council shall meet the require- ments of Article 4.04 of the Charter. , 22.7 By voting whether to read the legislation in full, if a C majority votes against reading in full, it need not be read. 22.8 Form of ordinances/resolutions a. All ordinances and resolutions shall continue to be written in the same format and style as was in use [J -B- 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., 01-81. b. Each ordinance/resolution shall contain not more than one subject, which shall be fully described in the caption in easily understood terms. 22.9 Debate - The Chair shall ask for discussion on all questions before the vote is taken. However, the chair is not required to poll the Council individually. Members wishing to speak shall ask for recognition by the chair. 22.10 Third Readings - No motion is required on third readings. After debate has closed, the Mayor shall direct the Clerk to call the roll. 22.11 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 re- consider 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. 22.12 Order of Consideration of Questions - All questions shall be considered in the order in which they are made. 22.13 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 1 2. to table until future stated time 3. request cessation of debate and vote be taken 4. to refer to a special committee 5. to amend the matter under discussion 6. to postpone action for an indefinite time or to a date certain. C 22.14,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 [; -9- 22.15 Motion to Postpone - Adjourn a. A motion to postpone (to a day certain or indefinitely) shall not again be allowed at the same state (i.e. reading) of the ordinance or resolution under con- sideration. b. A motion to adjourn shall always be in order, but if decided in the negative, it shall not be enter- tained again until some motion,order, or decision has taken place. 22.16 Motion to Take From the Table - A motion to remove any matter from the table shall be in order after consider- ation of one question succeeding the tabling. This is not debatable. 22.17 Motion to Strike Out - A motion to strike out and insert shall be deemed divisible and a refusal to strike our equivalent to agreeing to the matter in the form, but shall not prelude further amendment by way of addition. 22.18 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. 22.19 Call to Order - If any member, in speaking or otherwise, violates the rules of Council, the chair or any member may call him to order and the member so called shall cease speaking until the question of order is decided. 23. ALTERATION OF RULES These rules shall not be altered except by a vote of a majority of all members of Council, and at a regular meeting. The proposition to make an amendment shall be in the form of a resolution, and shall be sub- ~/ mitted and read to Council at a meeting preceeding the one at which it is acted upon. 24. ROBERT'S RULE OF ORDER In the absence of any rule upon the matter of business, the Council shall be governed by "Robert's Rules of Order." The Law Director shall act as parliamentarian and shall interpret for the Mayor (chair) these rules and Robert's Rules as they apply. C SECTION 3 These rules shall take effect and be in force from and after the earliest period allowed by law. :' I: ~+ :j [ -10- Passed this ~ day of September, 1981. ~~r~~ ATTEST: ~ ?/J. xJqmrn4/ C,erk 0 uncil [: [, "',"" " . U lH I \j 1 Y 19HJ COUNCILMEMBERS: At Monday's meeting I wi 11 1110" t.' :..\~ follows: 1. That this report be at.cf'pted by the Council. 2. That its recommendations and conclusi.ons be approved. 3. That this report be attached as an annex to the "Council Rules of Order" and be considered as an integral part of that document. Willard E. Chambers - . ?_/-8J /Jl'l'r.~ t'e! by C6 IJ ,... e., / ~ U ~ . U Report Of The Select Committee On Methodology For Capital Improvements Program Development 1- Purpose and Scope: This is a report to the Council of the Committee appointed to study and recommend an appropriate methodology for considering the annual revisions to an ongoing 5 year Capital Improvements Program. The objective of the Committee was to assure a system which will require considerations and debate on all proposals which have support by individual members of Council, the administration or the general public. 2. Composition and Method: The committee consisted of three members as follows: Councilmember Catherin Headlee Councilmember Barbara Maurer Councilmember Bill Chambers ~ In addition the advice and opinion of the city planner Mr. Patrick Bowman were solicited. Since the purpose of the committee was to deal with the internal workings of the Council rather than substantive public issues, the Committee considered that its collective seventeen years of service on the Council was an adequate experience base for devising a system with Mr. Bowman's assistance. 3. Facts Bearing on the Problem: It is probable that the development of a rational and timely Capital Improvement Program is the most complex task facing any legislative body. The main complicating factors are: 1. Sheer numbers of desirable competing projects. In Dublin we can probably number at least 40-50 projects, which would have a legitimate claim on our attention for completion in the near future. Each of these would have supporters and opponents in both our official family and in the general ci tizenry. 2. Numbers of viewpoints to be considered. Within the official family each member should make a contribution and the views of eact! should be considered. In addition to the seven U highly individual istic members of Council there are 30 members of the Boards and Commissions and at least 15 executive level staff members. Any system which fails to extract the best thou~ht of each would be less than our citizens deserve. No doubt dozens of those citizens would welcome the chance to make n contribution. . D 3. Uncertainty as to funds available and the mul tipl ici ty of financing methods available. 4. Onerous task of coordinatin~ projects through adjacent communities and County, State, and Federal Governments as required. 4. Conclusion: The above factors mitigate against Capital Improvement on a year by year basis. The constraints of time require that each year's program include: 1- Projects to be funded and completed 2. Engineering studies and designs for the next year 3. Conceptual studies for succeeding years 4. Applications for County, State and Federal funds for 2nd, 3rd, and 4th years ~. Feasibility studies for the mid-term. 5. Recommendations: The Committee recommends that the Council adopt a 6-step methodology for considering and adopting a comprehensive Capital Improvement Program. ~ Step I. The Council compile and adopt a "\~ant List for Dublin". Items selected for this list should include all those which have some level of support in the cownunity. This list will bear no resemblance to any final proposal and will not be related to our ability to payor any other limiting factor. It would exclude only the clearly frivolous. It's purpose would be only to assure that all proposals receive consideration. The initial list under this step will be completed prior to 1 September 1983. Step 2. The Council would solicit recommendations from appropriate boards and Commissions and, after public debate and public input, would select from the "Want list for Dublin" those items, which a majority of the Council feel should not be delayed beyond five years. This list would be based only on the Council's perception of Dublin's short term needs without precise definition of cost or affordability. It would not be listed by year. The initial list under this step will be completed by December 1, 1983. Slep 3. The City Manager and Staff would arrange the S year list by separate years with primary concern for the number of years preliminary effort required before actual construction begins. This preliminary work for each project would U become a part of the Capital Irrprovement Package for each i year leading up to the year of construction. They might also adjust the yearly list to equalize the work load, should they be seriously out of bal~nce. At this point, ~ . D but not before, the City Manager would estimate costs for each project in each year and submit the five annual lists to Council together with: a. Estimate of costs per year b. Estimates of available income per year. c. Recommendations to the Council as to how to reconcile specific differences where such exists. To be completed by March 1, 1984. Step 4. Council will plan action to bring expenditures into line with income by providing for aporopriate financing or by elimination or deferring projects. Notes, councilmatic bonds or voter approved bonds would be typical financing choices. To be completed by April 1, 1984. Step 5. Council would give formal approval by resolution to the S year Capital Improvement Proaram. This aporoval would, of course, be contingent on voter approval of any issues submitted for their approval under the plan. To be completed by June 1, 1984. ~ Step 6. Once established, the "Want list for Dublin", "The 5 Year li st", and "The Capi tal Improvement Program" would be continuing documents to be amended as desired by the Council and to be formally reconsidered and extended annually. The Committee further recommends that the Officers of the Council and the Clerk of Council establish n system for assuring that the time sChedules established above are met. ~Il-L ,~ .,;J, ' 6~o-Q. ~. "": ". . .' ' I. . .- ," '(J 1/,' " .........1 /"/ . . I . ".... U Willard Chambers Barbara t4aurer Catherin Headlee .. RECORD OF RESOLUTIONS 273 . National Graphics Corp,. Cols,. 0, ~ ~ Form No. 6233-A Resolution No.__~r_-=-_~/___nn___n Passed __ nn ___ nn _______________ _h_ nn ___n nn_____19 ________ A RESOLUTION AUTHORIZING THE MAYOR TO DESIGNATE THREE E (3) MEMBERS OF COUNCIL AS A COMMITTEE TO FORMULATE A SET OF COUNCIL RULES OF ORDER FOR CONSIDERATION BY THE COUNCIL AT A FUTURE MEETING. WHEREAS, the Council is authorized by charter and by general law to determine its own rules of order, NOW, THEREFORE, BE IT RESOLVED that, SECTION 1. The Mayor shall appoint three (3) members of Council as a committee to research rules of order from other municipal councils and to formulate a proposed set of rules for the Dublin Co unci l. SECTION 2. That these proposed rules of order shall be placed i before the Council in the form of a resolution for consideration by [] . . ' 1981. SECTION 3. That the Mayor's three (3) appointees to the aforesaid i committee are: I f3;1/;er//J J/~{fd lee I1df'1ho/'C/ 1JJt1fLl'er , ('/arles !J1al/)(1 SECTION 4. That this Resolution shall take effect and be in force immediately upon its passage. Passed this day of ,1981. I ~~.~ ~ Mayor-Presidin~ ATTEST: ~/;,~ Clerk of C ncil Sponsored by: Jake Shawan :