A Resolution enacting the Rules of Council from January 1, 2010 through December 31, 2011 and declaring an emergency.
- Rule 1 - Regular Meetings
Rule 2 - Special Meetings
Rule 3 - Opening Procedures
Rule 4 - Quorum
Rule 5 - Public Meetings
- Rule 9 - Roll Call
Rule 10 - Voting
Rule 11 - Salaries and Attendance of Members
Rule 12 - Speaking
Rule 13 - Right of Floor
Rule 14 - Right of Appeal
Rule 15 - Standing Committees
Rule 16 - Committee Meetings
Rule 17 - Committee Reports
Rule 18 - Committee-of-the-Whole
Rule 19 - Reports from Directors
- Rule 20 - Order of Business
Rule 21 - Votes by Roll Call
Rule 22 - Precedence of Motions
Rule 23 - To Adjourn
Rule 24 - Measures to be in Writing
- Rule 25 - Introduction of Legislation
Rule 26 - Form of Ordinances/Resolutions
Rule 27 - Three Readings
Rule 28 - Emergency Legislation
Rule 29 - Appropriation Ordinances
Rule 30 - Amendments
Rule 31 - Passage or Adoption
- Rule 32 - Attendance Required
Rule 33 - Reports of City Officers
Rule 34 - Executive Session
Rule 35 - Public Hearings
Rule 36 - Privileges of the Floor
Rule 37 - Violation
Rule 38 - Smoking
Rule 39 - Other Rules
Rule 40 - Conduct
Rule 41 - Amendments to Rules
Rule 42 - Suspension of the Rules
Rule 43 - Public Records Requests
The regular meetings shall be held in the Council Chambers on the first and third Monday evenings of each month at 6 p.m. If the meeting day falls on a legal holiday, the regular meeting shall be held on the following day. Lorain CIty Council shall recess during the month of August.
Special Meetings of the Council may be called by the Mayor, or any three members of the legislative authority may call special meetings upon at least 24 twenty-four hours notice to each member, served personally or left at his usual place of residence. The legislative authority shall not hold a special meeting unless it first gives at least twenty-four (24) hours advance notice to the new media that have requested notification, except in the event of an emergency requiring official action. In the event of an emergency, the mayor or members of the legislative authority calling said meeting shall notify the new media of the time, place and purpose of the meeting in accordance with O.R.C. 121.22.
The business to be transacted at a special and/or emergency meeting shall be identified in the notice to each member of Council and no other business shall be transacted. Should the legislative authority wish to adjourn into executive session during a special and/or emergency meeting, the topic of the executive session should be directly related to some manner expressly included in the notice.
The Clerk of Council shall mail advance notification of the Councils meeting agendas to any person who requests advance notice and provides self-addressed stamped envelopes for this service.
The President shall call the meeting to order and follow the order of business as per the proposed agenda. In the absence of the President, the President Pro-Tempore shall preside. In the event the President and President Pro-Tempore are absent and a quorum is present, Council shall designate a member to preside until the President or President Pro-Tempore arrives.
A majority of Council members shall be considered a quorum to conduct business.
All regular, special and committee meetings shall be open to the public. All minutes and records of the Council shall be open to the public for inspection and/or purchase during normal business hours of the Clerk of Council Office.
OFFICERS AND EMPLOYEES OF COUNCIL
The President and in his absence, the President Pro-Tempore, shall preside over the meetings of the Council and Public Hearings. He may refer matters as provided in the Rules. He shall preserve order and decorum at all times and prevents the impugning of personalities or motives confine debate to the question under discussion and shall decide all points of order subject to an appeal of the Council.
At the organizational meeting, Council shall nominate and elect, by motion and an affirmative vote of a majority of Council members, a member to serve as President Pro-Tempore.
At its organizational meeting, the Council shall nominate and elect, by motion and an affirmative vote of the majority of Council members. The Clerk of Council shall be required to attend all meetings of the Council. The Clerk shall keep all records, files, orders, or any pertinent papers considered public records under the Public Records Act. No person, except for the Clerk of Council or her designee, shall have direct access to the Council vault or any other storage area where official records of the City are kept.
MEMBERS RIGHTS AND PRIVILEGES
Every member shall be in his seat at the time of Roll Call. Members present may excuse any absent member by a majority vote.
All members present shall vote on all questions upon the call for the vote unless a conflict of interest is present under applicable statutes and Ethics Opinions and permission is granted by concurrence of an affirmative vote of a majority of Lorain City Council members.
The legislative authority of a municipal corporation shall, by ordinance, fix the salary of its members which shall be paid in equal monthly installments. For each absence from regular meetings of the legislative authority, unless authorized by a two-thirds vote of all members thereof, there shall be deducted a sum equal to two percent (2%) of such annual salary. Absence for ten successive regular meetings shall operate to vacate a seat of a member, unless such absence is authorized by the legislative authority.
When called by the Council President or Chairman, no member shall be allowed to speak for a period of longer than five minutes at any one time unless permission is granted by the Presiding Officer. No member shall speak more than once on the same matter until each member desiring to speak on the matter has had an opportunity to do so.
When a member desires to address the Council, he shall request permission from the Presiding Officer. Upon receipt of permission, he shall confine his remarks to the question under debate, avoid personalities, and refrain from impugning upon the motive of any other member’s argument or vote.
Any member may appeal to the Council any ruling of the Presiding Officer. If an appeal is moved and seconded, the member making the appeal may briefly state his reason for the appeal and then the Presiding Officer may briefly explain his ruling. There shall be no debate on an appeal and no other members shall speak. The Presiding Officer shall then state, “Shall the decision of the Chair be upheld?” If a majority vote is received, the ruling of the Chair shall stand.
At the organizational meeting, the President shall present a slate of proposed members for each Standing Committee. Each Standing Committee shall consist of a Chairman, a Vice-Chairman, and three additional members. The Council shall accept or amend the proposed slate of Standing Committees by a motion, duly seconded, and with the concurrence of an affirmative majority vote.
A. BUILDINGS AND LANDS COMMITTEE: All matters relating to the construction, maintenance, or acquisition of any buildings or lands, lease or sale of any buildings or lands currently owned by the city, and all other matters pertaining to buildings in the city, all matters relating to the city’s Building Code, and all zoning regulations.
B. STATE AND FEDERAL PROGRAMS COMMITTEE: All matters relating to all State and/or federally funded programs, block grants, Community Development matters and other state and federal programs.
C. FINANCE AND CLAIMS COMMITTEE: All matters relating to finance, indebtedness, appropriations, payment of monies not provided by previous legislation, taxation and all matters pertaining to salaries and wages, Civil Service matters and the pensioning of employees.
D. POLICE, FIRE, & LEGISLATION COMMITTEE: All matters pertaining to the safety forces, traffic regulations, nuisances, matters pertaining to the courts, fines, penalties, forfeitures or imprisonment, health and social services matters, consumer protection, fraudulent and unethical practices and other matters not covered by any other committee.
E. PARKS AND RECREATION COMMITTEE: All matters pertaining to city parks, public recreation, playgrounds, beaches, our river, harbors, and shores.
F. STREETS/SIDWALKS & UTILITIES COMMITTEE: All matters relating to construction, repair, maintenance of streets, alleys and sidewalks, together with street cleaning, waste collection and disposal, street improvement, grades, assessments, vacations and other matters relating to the areas between the curb line and private property line, public utilities, water/water distribution, sewers, sewage disposal, assessments and matters of water and air pollution.
A majority of members of the Committee in attendance shall constitute a quorum for the transaction of business. Only members of the Committee shall have voting power on motions put before the Committee. Each Committee shall hold its meetings at such time and place as fixed by the Chairman. The date for all meetings shall be set and announced at regular or special meetings of Council unless deemed an emergency by the Chairman. All matters to be addressed shall be announced by the Chairman and the Chairman shall have the right to require the attendance of City Officials, the Safety/Service Director, and/or Department Heads, as in his/her judgment will be needed to properly dispose of the matter under consideration. In the event the Chairman is absent the Vice-Chairman shall preside.
All committee reports shall be prepared in writing by the Clerk of Council and placed on the agenda of the next regularly scheduled Council meeting for reading and receipt into the official record.
The Council may resolve into a Committee-of-the-Whole by a majority vote of members present. The President Pro-Tempore shall preside during the Committee-of-the-Whole sessions. The rules of Council shall be observed and comments from the general public may be heard. No votes shall be taken during a Committee-of-the-Whole.
Directors are to issue reports to Council in a timely manner. The Clerk will keep records on all matters referred to Directors, Boards, etc.
RULES GOVERNING PROCEDURE
The business of all regular meetings of the Council shall be transacted in the following order:
- Prayer and Pledge of Allegiance
- Roll call
- Minutes from Previous Meeting
- Correspondence from the Mayor
- Correspondence from Directors, Boards, Commissions, and other Governmental Agencies
- Correspondence from the General Public
- Committee Reports
- Ordinances & Resolutions
- Committee Calls
- Miscellaneous Business and Concerns from Council
The President may permit matters to be introduced out of the regular order for good cause.
Roll Call votes will be required on all Ordinances, Resolutions, and when so ordered by the Presiding Officer or a majority vote of Council members.
The Motion to adjourn shall always be in order unless the Council is engaged in voting.
When requested by a member, any motion shall be presented in writing before any action is taken.
ORDINANCES AND RESOLUTIONS
All legislation shall be introduced by members present with their names endorsed thereon. The Law Director or his assistant shall approve all proposed general legislation prior to submission to the Clerk of Council for placement on the appropriate agenda to be in the manner prescribed by law.
The Clerk of Council must receive the original document along with 13 copies by noon on the Thursday preceding the regular meeting of Council when such legislation is to be considered.
In the event of an emergency involving the submission of legislation after the expiration of the noon deadline, introduction shall require a motion from the floor and receive an affirmative vote of a three-quarters (3/4) majority of Council members elected to add an item to the agenda for consideration. In addition, fifteen (15) copies of the item(s) being added, along with the original document, must be submitted to the Clerk of Council for prompt distribution to Council members and Elected Officials.
The enacting clause of all Ordinances shall read, “Be it Ordained by the Council of the City of Lorain, State of Ohio”. The enacting clause for all resolution shall read, “Now therefore be it resolved by the Council of the City of Lorain, State of Ohio”. All proposed Ordinances and Resolutions shall be typewritten in standard format. No ordinance, or resolution or sections thereof shall be revised or amended unless the new legislation contains the entire Ordinance, Resolution or section being revised or amended. The original shall be repealed.
No Ordinance or Resolution shall be passed until it has been read on three (3) separate days unless the reading on three separate (3) days has been dispensed with by a three-fourths affirmative vote of Council members. All Ordinances and Resolutions may be read by caption only provided all members have copies.
If an emergency Ordinance or Resolution fails to receive a two-thirds affirmative vote, the emergency clause has no force and effect. However, provided the ordinance or resolution receives the statutory number of affirmative votes required for passage, the Ordinance or Resolution shall be deemed approved and become effective at the earliest period provided by law.
Ordinances making appropriations shall be confined to the subject of the appropriation. No money shall be appropriated unless by ordinance.
It shall be in order to amend an Ordinance or Resolution at any time with an affirmative vote of all members elected.
All Ordinances, Resolutions, and Rules of Council shall require for their passage or adoption the concurrence of a majority of Council members, unless the law requires a greater number. A Roll Call vote is required and shall be recorded in the minutes.
The Mayor, Safety/Service Director, Law Director, Auditor and Treasurer, *or their designee and/or any Sub-Department Heads, Council may request shall be required to attend all regular and special meetings of the Council. They shall be required to answer questions from Council relating to matters of the city under their respective supervision. The Mayor and his Directors may participate in the discussion of all questions before the Council.
All Ordinances, Resolutions and communications pertaining to matters that come under the supervision and control of the Mayor and Directors shall, in addition to being referred to the proper committees, also be referred to such respective Administrative Officers for recommendation. All reports from City Officers suggesting or recommending action by Council shall, unless otherwise ordered by the Council, shall be referred to the appropriate committee for consideration.
An Executive Session may be held in accordance with ORC Section 121.22 upon the concurrence of an affirmative roll call vote of a majority of members elected. No person, other than Councilmembers and appropriate personnel shall attend an Executive Session unless specifically invited by the President of Council or the President Pro-Tempore of Council.
No Public Hearings shall be scheduled unless a Resolution setting forth the reasons therefore is adopted or is required by state statutes or local ordinances.
No person, except Council members, Administrative Officers, and persons invited by the Presiding Officer shall be admitted within the bar of the City Council Chamber.
If any member, in speaking or otherwise, violates any of these rules, the President shall, or any member may, call him to order. The question of order shall be decided without debate.
Smoking is prohibited in all City Hall offices in accordance with federal guidelines.
Except as provided, Roberts Rules of Order shall govern the proceedings of Council. It shall be the duty of the Presiding Officer to comprehend, adhere too and enforce such rules together with the rules herein set forth.
All members shall conduct themselves with decorum while in the confines of the Council Chamber. Proper business attire shall be worn at all regular meetings of Lorain City Council. Jeans, work uniforms or athletic attire are not considered appropriate business attire, and the wearing of the same will result in a member being subject to reprimand. Profanity shall also not be tolerated.
Upon the concurrence of a majority vote of Council members, the first violation by a member of Rule 40 shall result in the offending member receiving a verbal warning from the Presiding Officer and, with the concurrence of two-thirds affirmative vote of all Council members, the member may be expelled from the remainder of the meeting after having been notified of the charge(s) against him and an opportunity to be heard. Upon the concurrence of a majority vote of all Council members, any subsequent violation of Rule 40 by a member during a term of office shall result in a 1/26th reduction of annual salary of the offending member.
These rules may be amended by a majority vote of Council members at any regular or special meeting of Council. All amendments or new rules adopted by the Council shall be attached to this Resolution for reference.
These rules, where not precluded by state statutes, may be temporarily suspended at any meeting of the Council by a concurrent vote of the majority of all members elected. The vote of such suspension shall be taken by a roll call vote and recorded in the minutes.
Public record requests will be promptly prepared and made available for inspection to any person at all reasonable times during business hours of the Clerk of Council Office. The public records policy for the Clerk of Council Office is available and posted in accordance with state statutes. Such requests may first be forwarded to the Law Director's Office for review in order to ensure information protected by federal and/or state law is not disclosed.
Public record requests shall be acommodated as soon as practicable based upon the volume and nature of the requested material and the completion of the legal review, if necessary. Copies of public records shall be provided at a charge of 5 cents per copy after the first five pages and the cost shall be paid in advance.
A copy of the public record may be transmitted through the United States mail. The individual making such request is also required to pay costs associated with the mailing in advance.
SECTION III. That it is found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its Committees that resulted in such formal action, were in meetings open to the public and in compliance with all legal requirements, including Section 121.11, Ohio Revised Code.
SECTION IV. That this Resolution is hereby declared to be an emergency, the nature of which is to adopt rules for the conduct of all meetings of the Council commencing with the first meeting in January following the General Election in order to provide for the health, safety, and welfare of the citizens of the City of Lorain; therefore, this Resolution is declared to be an emergency measure and shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect at the earliest period allowed by law.
Passed: January 3, 2012 /s/ Joel Arredondo, President of Council
Attest: Nancy Greer, Clerk of Council
Chase Ritenauer, Mayor
Approved: January 3, 2012