MOUNT GILEAD VILLAGE COUNCIL
RULES OF PROCEDURE
RULE 1. PUBLIC MEETING.
All official meetings of the village council are open to the
public. This does not, however, prohibit the council from meeting
in executive session to discuss items permitted by law when this
may become necessary. All action by the council shall be taken
at an open session. (ORC 731.46)
RULE 2. RECORDS.
Most village records are public records and open to public
inspection. Those not subject to public inspection are defined
in ORC 149.43.
RULE 3. ORGANIZATIONAL MEETING.
The organization of the council shall be the first order of
business at the first meeting in January of each year.
RULE 4. REGULAR MEETINGS.
Regular meetings of council shall be held in the Council Chambers
at 7:00 p.m. on the first and third Mondays respectively of each
month. Council may, by Majority vote, change the day and hour
of holding any regular meeting, or adjourn the same to a day
and hour determined by a like vote of the members present if
constituting a quorum. (ORC 731.46)
RULE 5. SPECIAL MEETINGS
Council shall hold such special meetings as may be found necessary,
which may be called by the Mayor or on request of three members
of council. Such vote or request for the calling of a special
meeting shall state the subject to be considered thereat, and
no other subject shall be considered except on the approval of
two-thirds of the members of council in attendance at such special
meeting. Twelve hours notice in writing of such special meeting,
if called by the Mayor or by three members of council, shall
be given to each member of council and to the Mayor by personal
service or by delivery thereof at their usual place of residence.
Members of council may waive such notice by their attendance
at such special meeting. The Mayor or any member of council who
is present at any meeting at which a special meeting is announced
need not receive notice of the special meeting. (ORC 731.44)
RULE 6. RECESSED MEETINGS
All legal meetings of the Village Council may be recessed
to a specific time and place. A recessed regular meeting is a
continuation of regular meeting, and any regular or general business
may be considered. A recessed special meeting is a continuation
of the specially called meeting and only the specific business
for which the meeting was originally called can be considered
except by unanimous consent of all members. Any member not present
at the regular or special meeting should be notified of the meeting
.being recessed, in writing, if possible.
RULE 7. EXECUTIVE SESSIONS
Executive sessions of the Village Council may be called at
such time and place as required with discussion limited to the
following:
1. The appointment, employment, discipline, dismissal, promotion,
demotion, or compensation of a public employee or official or
the investigation of charges or complaints against a public employee,
official, licensee, or regulated individual, unless the said
individual requests a public hearing;
2. The purchase of property for public purposes or the sale
of property at competitive bidding;
3. Disputes which are the subject of pending or imminent court
action in conference with an attorney;
4. Preparing for, conducting, or reviewing negotiations or
bargaining sessions with employees;
5. Matters required to be kept confidential by federal law
or state statutes; and
6. Specialized details of security arrangements.
Minutes of the meeting of the board while in executive session
must be properly recorded and be open to the public for inspection.
However, such minutes need only reflect the general subject area
of the discussions.
RULE 8. QUORUM
A majority of elected council members (4) constitutes a quorum.
RULE 9. ROLL CALL
The Mayor, or in his absence, the President Pro Tempore of
Council, shall take the chair at the hour appointed for council
to meet and shall call the council to order. The roll shall then
be called by the Clerk, who shall enter in the journal of each
meeting the names of members present. In the absence of a quorum
at the time appointed for a meeting, the members present may
by a majority vote take a recess or recesses and cause the Clerk
to contact absent members (ORC 733.24, 731.10)
RULE 10. TEMPORARY CHAIRMAN
In case of the absence of the Mayor and the President Pro
Tempore, the Clerk shall call the council to order. The Clerk
shall call the roll, and if a quorum is found to be present,
the council shall proceed to elect by a majority vote a temporary
chairman to conduct the meeting.
By this election, the temporary chairman is authorized to
chair the meeting until the appearance of the Mayor or President
Pro Tempore, but may not continue beyond adjournment.
RULE 11. SUBSTITUTE CHAIRMAN
The Chair, that is the Mayor, President Pro Tempore, or Temporary
Chairman, may call any other member to take his place in the
Chair; such substitution may not continue beyond adjournment.
RULE 12. MAYOR'S VETO POWER AND POWER TO VOTE
The Mayor shall have no veto power, but shall vote when there
is a tie vote of members of council present, in which case his
vote shall have the same legal effect as a vote of a member of
council. A special exception to the above occurs on any matter
which requires the council to approve or concur in an action
of the Mayor. In this case, the Mayor may not cast a tie breaking
vote.
RULE 13. PRESIDENT PRO TEMPORE'S AND TEMPORARY CHAIRMANIS
POWER TO VOTE
1. The President Pro Tempore may vote when serving as acting
Mayor.
2. A Temporary Chairman may vote.
RULE 14. ORDER OF BUSINESS
The business of council shall be conducted in the following
order:
1. Invocation
2. Pledge of Allegiance to the Flag
3. Roll Call
4. Approval of Minutes
12. Communications from Citizens
6. Committee Reports and Recommendations
7. Old Business
8. Department Heads' Reports
9. Mayor's Report
10. Clerk-Treasurer's Report
11. Other Business
12. Adjourn
On motion of any councilperson, the order of business at any
meeting may be altered by affirmative vote of two-thirds of the
members present.
RULE 15. MINUTES.
Unless a reading of the minutes is requested by a member of
council, they may be approved and accepted without reading if
each member of council has been previously furnished a copy.
RULE 16. MOTIONS.
When a motion is made, it shall require a second and shall
be stated by the Chair or Clerk before debate. Unless otherwise
required by law, a motion shall be deemed passed if it receives
the affirmative vote of a majority of the members present, including
the Chair in case of a tie vote of the members.
RULE 17. MEMBERS' DUTIES AND PRIVILEGES.
Members addressing council shall confine themselves to the
question under debate and avoid personalities. No member shall
be privileged to disturb or interrupt another member having the
floor, except by a call to order.
RULE 18. LIMITATION OF DEBATE.
No member shall be allowed to speak more than once on any
one subject until every member choosing to speak shall have spoken.
RULE 19. VOTES.
All questions shall be stated and put by the Chair to roll
call votes. The Chair shall declare the vote after the Clerk
has announced the number of votes on each side.
RULE 20. VOTING.
Every-member present when a question is put to vote shall
vote on the question unless council shall for special reason
excuse him/her from voting. .The excuse shall be granted only
if the member states reasons for the request before voting begins
and the council by majority vote of the members present accepts
them. (9-19-01 revised) All votes of council will be taken by
those present at the meeting. An absent council member may not
vote on any resolution or ordinance at a later date.
RULE 21. COMMITTEES. (revised 1-2-96)
1. Appointment of committees. The following standing committees
consisting of three members each are authorized. Appointment
of members to these committees shall be made by the President
of Council
a. Finance and Personnel
b. Street (amended 2-1-99)
c. Fire and Police(amended 2-1-99)
d. Codes and Regulations
e. Economic and Community Development
f. Utilities (amended 2-1-99)
2. The Mayor, with the consent of council, may appoint such
special committees as he deems necessary provided that matters
referred to or pending before a standing committee may not, without
consent of its members, be referred to or considered by a special
committee. The Mayor shall also designate a person to chair each
committee, and shall be an ex-officeo member.
3. Meetings. Committees shall meet on call of the Mayor, Chairman,
or on request of two members.. Two members must be present to
constitute a quorum.
4. The Chairman of the committee shall act as secretary to
each committee and shall keep a record of attendance and business
transacted at meetings thereof.
RULE 22. MEETING AGENDAS.
An agenda for each regular and special meeting shall be prepared
by the Mayor with the assistance of the Clerk-Treasurer. When
possible, an agenda should be delivered to the home of each council
member at least two days before each regular meeting. Agenda
items for special meetings shall be included with the notice
of the meeting.
Council members art encouraged to advise the Mayor or Clerk-Treasurer
of items they desire to have placed on the agenda. However, any
member of council, the Mayor and the Clark-Treasurer shall have
the privilege to present legislation at a regular session of
council.
RULE 23. ORDINANCES AND RESOLUTIONS.
1. Ordinances and resolutions may be placed on the agenda
by the Mayor, Clerk-Treasurer, a council member, a committee
of council, or by council.
Normally, a proposed ordinance should be considered by the
appropriate committee, and checked to determine if it requires
funding and if any required ordinances should be reviewed and/or
funds are available. In addition, most ordinances should be reviewed
and / or prepared by the village solicitor.
2. Each ordinance and resolution shall be read by title only.
The legislative authority may require any reading to be in full
by a majority vote of its members. (ORC 731.17)
3. Each ordinance or resolution shall be read on three different
days. This rules may be suspended by a vote of at least three-fourths
of the members. After the rule requiring the reading on three
different days has been suspended, the second and third readings
are not required. The vote must be taken on each ordinance or
resolution and entered in the records. (ORC 731.17)
4. It shall be in order to amend an ordinance or resolution
at anytime However, if such ordinance or resolution is of a general
or permanent nature, and such amendment is made after the first
reading, then the amended ordinance or resolution shall be read
again as the first reading. (ORC 731.19)
5. The council may declare an ordinance or resolution to be
an emergency measure necessary for the immediate preservation
of the public peace, health and safety of the village, and as
such shall be in force immediately upon its passage provided
it receives an affirmative vote of at least two-thirds (2/3)
of all members elected to council. (ORC 731.30)
RULE 24. ROBERT'S RULES OF ORDER.
The latest edition of Robert's Rules of Order shall govern
all proceedings by council except those matters covered in this
chapter or otherwise expressly controlled by the constitution
of this state, applicable state statutes, or other ordinances
or resolutions of this Village.
RULE 25. RULES OF PROCEDURE.
Rules of procedures of a council of a municipal government
operating under a statutory form of government do not continue
from term to term but must be readopted by succeeding councils.
(1964 OAG 898)
RULE 26. SUSPENSION OF RULE OF PROCEDURE.
A rule of procedure may be suspended by a two-thirds (2/3)
of the council at any meeting, if such suspension does not violate
state law or village ordinance.
RULE 27. SPOKESMAN FOR COUNCIL MATTERS
Henceforth no other personnel or employee of the village shall
serve in the capacity of official spokesman for council unless
so designated by council. (Ord. 121.03 - Passed 11-2-64)
RULE 28. COMPENSATION -'UNEXCUSED ABSENCE
No member shall be compensated for a meeting from which said
member is absent unless said absence is excused in writing by
the Mayor upon written or oral request of the absent member.
(Ord. 968, Passed 2-22-83)
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