Chapter 2.10 COMMON COUNCIL

Chapter 2.10
COMMON COUNCIL

Sections:

2.10.010 General provisions.

2.10.020 City Clerk.

2.10.030 Majority and Minority Leader.

2.10.040 Presiding Officer.

2.10.050 Order of business.

2.10.060 Consent agenda.

2.10.070 Motions.

2.10.080 Voting.

2.10.090 Decorum and debate.

2.10.100 Committees.

2.10.110 Committee reports.

2.10.120 Ordinances and resolutions.

2.10.130 Other matters.

2.10.140 Amendments.

2.10.010 General provisions.

(A) The Common Council of the City shall meet at least twice per month on Monday evening. The regular meetings shall begin at 6:30 p.m., or at a time established by the Common Council at its first regular meeting in January of each year.

(B) Meetings of the Common Council of the City of Evansville shall be held in compliance with the Indiana Open Door Law found at IC 5-14-1.5-1.

(1) Emergency meetings and executive sessions may be held pursuant to Indiana law.

(2) An agenda shall be posted at the entrance of the location of the meeting prior to the meeting.

(3) Notice of the time, date, and place of regularly scheduled meetings may be given by the City Clerk once each year to media representatives requesting such on or before January 1st.

(4) A meeting may be recessed and reconvened at a later time, date, and place, if such is announced at the original meeting, and if the agenda remains the same, without the necessity of further notice being given.

(C) Special meetings of the Common Council may be called by the Mayor, the Council President, or any three Council members. It shall be the duty of the person or persons calling the special meeting to notify the City Clerk of the meeting, allowing the Clerk reasonable time to prepare and serve notice. It shall be the duty of the Clerk to duly notify all Council members and to serve notice of the time, date, and place of said special meeting in writing 48 hours prior to said meeting by posting notice in a public place and mailing notice to media representatives who requested such notice on or before January 1st. No action may be taken on any subject at a special meeting unless that subject was stated in the call for the special meeting.

(D) A quorum of the Council shall be a majority of all elected Council members. A quorum shall be necessary for the transaction of Council business unless otherwise required by statute or this code. No ordinance or resolution shall be passed which shall not have received the votes of a majority of all members of Council.

(E) No ordinance shall be passed on the same day or at the same meeting that it is introduced, except by a unanimous consent of the Council, and then only if at least two-thirds of the Council members are present and voting.

(F) A resolution may be passed on the same day or at the same meeting as it is introduced, unless it requires affirmative action on behalf of the City, if it is required by law, or if it is requested by a majority of the members of Council that it be treated with the formalities of an ordinance. A resolution passed under this section requires a majority vote of the Council members. A resolution may be passed by a voice vote rather than a roll-call vote, unless a roll-call vote is requested by any member of Council or unless the resolution requires affirmative action on behalf of the City as required by law or it has been requested by a majority of the members of Council that it be treated with the formality of an ordinance.

(G) The Clerk may read an ordinance or resolution by number and title only, unless the Presiding Officer and two Council members request the item be read in its entirety. No rule, regulation, ordinance, or other final action shall be adopted by reference to agenda or item number alone.

(H) A motion to repeal, amend, or suspend a Council rule, other than subsection (D), (E), (F), (G) or (H) of this section, shall be in order at any time, except after a vote has been ordered. The motion requires the affirmative vote of two-thirds of the Council members present and voting. Subsection (D), (E), (F), (G) or (H) of this section shall not be repealed, amended, or suspended.

(I) A reading in full of the minutes of the previous meeting shall not be necessary unless upon motion duly made and passed by a majority of the members of Council.

(J) The Sergeant-at-Arms shall be the Chief of Police or his duly appointed designee, who must be a member of the City Police Department. The Sergeant-at-Arms shall preserve order in the lobby outside of the Council chambers and assist the President of Council in doing so within Council chambers. The Sergeant-at-Arms shall act as the messenger of the Common Council while in session. He shall deliver all notices to each member of the Common Council and all papers to the chairmen of the committees that may be placed in his hands by the City Clerk within 24 hours after receiving same. [Ord. G-2001-5, passed 2-1-01; Ord. G-98-3, passed 2-3-98; Ord. G-83-10, passed 8-22-83; Ord. G-73-33, passed 1-20-74. 1962 Code, Art. 1, Ch. 1, § 1; 1982 Code § 31.01; 1983 Code § 3.31.01.]

2.10.020 City Clerk.

(A) The City Clerk shall keep an accurate journal of the proceedings of the Common Council, including those members in attendance, the substance of each motion made, the name of the member making and seconding each motion, the ayes and nays on each roll-call vote taken, and whether each voice is carried.

(B) The Clerk shall keep a permanent file of all original papers, documents, reports, and correspondence filed with or submitted to the Council. The Clerk shall also keep and maintain a separate file of duplicate copies of each ordinance and resolution introduced, in the order of introduction identified by ordinance number, at all times available to the members of the Council.

(C) The Clerk shall be the custodian of all ordinances, resolutions, petitions, memorials, and all other papers pertaining to the business of the Common Council, except when such ordinances, resolutions, petitions, memorials, or other papers are necessarily in the hands of any commission, board, or official for the consideration thereof.

(D) The Clerk shall call the roll of the members of the Common Council in numerical order of districts, then in alphabetical order of Councilmen-at-Large at each meeting, calling upon the Presiding Officer last.

(E) The Clerk shall make available to the chairmen of committees of the Council and to officers, boards, and commissions, within five days after the adjournment of any meeting of the Common Council, all ordinances, resolutions, petitions, memorials, or other papers which shall have been referred to such committees, officers, boards, or commissions at such meeting.

(F) The Clerk shall record in a book of ordinances all ordinances passed by the Common Council. The original shall be filed in the Clerk’s office and a due proof of publication of all ordinances requiring publication by the affidavit of the printer or publisher shall be procured by the Clerk and attached thereto or written and attested thereto or written and attested upon the face of such ordinances.

(G) The City Clerk shall prepare a weekly agenda for the meetings of the Common Council at the direction of the Council President. [Ord. G-83-10, passed 8-22-83. 1982 Code § 31.02; 1983 Code § 3.31.02.]

2.10.030 Majority and Minority Leader.

(A) The majority members of the Council may elect one of their number Majority Leader. The Majority Leader shall be entitled to present the opinion of the majority on any question. The Majority Leader may have other duties as delegated to him by the members of the majority.

(B) The minority members of the Council may elect one of their number Minority Leader. The Minority Leader shall be entitled to present the opinion of the minority. The Minority Leader may have other duties as delegated to him by the minority. [Ord. G-83-10, passed 8-22-83. 1982 Code § 31.03; 1983 Code § 3.31.03.]

2.10.040 Presiding Officer.

(A) At its first regular meeting after a City election, which meeting shall be held at 6:30 p.m. on the first Monday in January, and on the first Monday of each succeeding January, the Council shall elect from its membership a President and a Vice-President. The President shall preside at all meetings, call the meetings to order, preserve order and decorum, decide all questions of order subject to appeal to the Council, and perform all other duties required of the President. He shall appoint all standing and special committees and their chairmen and shall fill vacancies on those committees. The President shall sign all ordinances and resolutions passed by the Council before their presentation to the Mayor, as well as the minutes of the Council meetings. The President shall vote on all issues before the Council, voting last.

(B) In the absence of the President, the Vice-President shall serve as President Pro Tem. In the absence of the President and the Vice-President, the President may name any Council member to act as the President Pro Tem for one meeting. If the President has not done so, a motion may be made by any member of Council to designate any other member of Council as President Pro Tem for one meeting.

(C) The Presiding Officer shall decide whether any question subject to a voice vote is carried by an affirmative or a negative vote. If the President or any member of Council is in doubt, a roll-call vote shall be had. [Ord. G-83-10, passed 8-22-83; Ord. G-73-33, passed 1-20-74. 1962 Code, Art. 1, Ch. 1, § 2; 1982 Code § 31.04; 1983 Code § 3.31.04.]

2.10.050 Order of business.

The following order of business shall be observed by the Common Council at its meetings. This order of business may be suspended at any time with the vote of the majority of the Council members present.

(A) Call to order.

(B) Roll call.

(D) Reading, amending, and approving minutes of previous meetings.

(E) Special orders of the day.

(F) Written reports from City officials and other communications from members of the public, including petitions and remonstrances.

(G) Consent agenda – first reading of ordinances and resolutions.

(H) Regular agenda – first reading of ordinances and resolutions.

(I) Consent agenda – second reading of ordinances and resolutions with report of standing committee.

(J) Regular agenda – second reading of ordinances and resolutions with report of standing committee.

(K) Third reading of ordinances and resolutions.

(L) Resolution docket.

(M) Miscellaneous business.

(N) Committee reports.

(O) Approval of claims.

(P) Adjournment. [Ord. G-83-10, passed 8-22-83; Ord. G-73-33, passed 1-20-74; Ord. G-66-1, passed 2-23-66. 1962 Code, Art. 1, Ch. 1, § 3; 1982 Code § 31.05; 1983 Code § 3.31.05.]

2.10.060 Consent agenda.

The Council President may prepare a written consent agenda which shall provide for summary adoption of ordinances on the first reading and summary adoption of ordinances with the report of the standing committees on second reading. The consent agenda shall be distributed to each member of Council. Any Council member may, by request, remove an item from the consent agenda and place it on the regular agenda. The consent agenda shall be considered and voted on by one vote. [Ord. G-83-10, passed 8-22-83; Ord. G-73-33, passed 1-20-74. 1962 Code, Art. 1, Ch. 1, § 4; 1982 Code § 31.06; 1983 Code § 3.31.06.]

2.10.070 Motions.

(A) When any motion is made and seconded, it shall be stated by the Presiding Officer, or, if in writing, it shall be handed to the Clerk and read aloud before debate, and shall be entered upon the journal with the name of the member making it, unless it is withdrawn at the same meeting.

(B) Every motion shall be reduced to writing at the request of any member, except a motion to adjourn, to adjourn to a day certain, to reconsider at the same meeting, to lay on the table, to postpone to a day certain, to postpone indefinitely, for the previous question, to commit, to suspend the rules, to concur, to approve, to make a matter of record, to place on file, to read a second time by title, to refer to committee, to read a third time and to place on passage.

(D) A motion to lay on the table or for the previous question shall not be in order if prefaced by any speech or remarks, or after a vote has been ordered or if another member is speaking; provided, however, that when a motion is made to lay on the table any ordinance or resolution, the person introducing such ordinance or resolution, and he only, shall have the right to explain such ordinance or resolution before the motion is put to a vote. A motion to lay on the table is not debatable. A matter which has been tabled may be taken up at any time by majority vote.

(E) Procedure for the Reconsideration of Ordinances and Resolutions.

(1) A resolution once adopted may be rescinded by subsequent resolution, and ordinances once passed may be repealed by subsequent ordinances.

(2) After any question has been decided, any member voting in the prevailing manner may move to reconsider the question utilizing the following procedure:

(a) Written notice that a member intends to make a motion to reconsider a prior ordinance or resolution shall be given to the Council at least one meeting prior to the entry of the motion.

(b) Upon entry of the motion, a two-thirds vote of the elected members of the Common Council shall be required to approve the motion to reconsider.

(d) The hearing on third reading shall be had not less than 25 days from the date of the vote on the motion to reconsider.

(e) Notice of the reconsideration of the ordinance or resolution shall be given as follows:

(i) The petitioner, if any, in the ordinance or resolution or the City Clerk if the ordinance or resolution has no petitioner, shall be responsible for issuing notice.

(ii) The notice shall be directed to counsel, if any, of all interested parties, and to all persons who addressed the Common Council, or any committee thereof, at prior hearings on the ordinance or resolution.

(iii) The notice shall state that the ordinance or resolution is being reconsidered and the date of the hearing on third reading of the ordinance or resolution.

(iv) The notice shall be sent certified mail, return receipt requested, not less than 15 days prior to the hearing date.

(v) No newspaper republication shall be required.

(f) This section shall not repeal or alter EMC 18.175.040(C) pertaining to zoning ordinances.

(3) Any previously considered ordinance or resolution shall be subject to not more than one reconsideration.

(F) No motion on a subject not germane to the subject under consideration shall be admitted under color of an amendment.

(G) All motions shall be made in the affirmative, so that an affirmative vote indicates an intent to accept the committee report, move an ordinance or resolution the next reading, adopt the ordinance or resolution or other affirmative action. A motion to adopt or its equivalent is required to pass an ordinance or resolution on third reading or on the resolution docket.

(H) Whenever less than a quorum is present, no motions shall be entertained and no business shall be conducted other than the Clerk taking the roll.

(I) A motion to fix a time at which the Council will adjourn is in order at any time, except after a vote has been ordered, and is debatable, unless made while another question is pending, in which case it is not debatable.

(J) A motion to adjourn is always in order, except after a vote has been ordered and shall not be debated or reconsidered.

(K) When a question is under debate, no motion except the following shall be received:

(1) To adjourn.

(2) To lay on the table.

(3) For the previous question.

(4) To postpone to a day certain.

(5) To postpone indefinitely.

(6) To commit.

(7) To strike the enacting words.

(8) To amend.

These motions shall have precedence in the order in which they are listed. A successful motion to strike out the enacting words of a proposed ordinance or resolution shall be considered its rejection.

(L) The previous question may be put in any form which makes clear that the member putting it is calling for a vote on the main motion pending before the Council.

(1) If the motion for the previous question is carried by a majority of the members voting, its effect shall be to end all debate and bring the Council to a vote on a motion to commit, if such a motion has been made.

(2) If the motion to commit fails, or is not made, votes shall be taken on amendments proposed by a committee, if any, then upon amendments from the Council floor, then upon the main question.

(3) If a motion to postpone is pending, the only effect of the previous question shall be to bring the Council to a vote on the motion to postpone.

(M) There shall be no debate on a motion for the previous question. All incidental questions of order arising while a motion for the previous question is pending shall be decided without debate.

(N) Any member may call for the division of a question before or after the previous question is moved. The question shall be divided if it contains propositions which are so distinct that if one or more of them are removed, a substantive proposition remains for the decision of the Council. A motion to strike out and insert shall be deemed indivisible.

(O) After a vote on any question has been ordered, no debate and no motion shall be in order until the vote is completed. [Ord. G-92-10, passed 6-8-92; Ord. G-83-10, passed 8-22-83; Ord. G-73-33, passed 1-20-74. 1962 Code, Art. 1, Ch. 1, § 5; 1982 Code § 31.07; 1983 Code § 3.31.07.]

2.10.080 Voting.

(A) After the Presiding Officer has stated the question to be voted upon, a vote shall be had either by voice or by roll-call vote. The Presiding Officer shall decide whether any question is carried by affirmative or negative vote. A roll-call vote shall be had upon any matter at the request of any member.

(B) Voting shall be by roll call on:

(1) The passage of ordinances, and the passage of resolutions requiring affirmative action on behalf of the City, or resolutions where it is required by law or requested by a majority of the members of Council that said resolution be treated with the formalities of an ordinance.

(2) The repeal, amendment, or suspension of the rules.

(3) Motion to reconsider.

(C) On second reading, an ordinance may be amended by a vote of a majority of elected Council members. On third reading, an ordinance may be amended by a two-thirds vote of elected Council members.

(D) A majority vote shall be required to pass any ordinance or resolution unless a greater vote is required by State law or these Council rules.

(E) No member shall refuse to vote or absent himself or herself to avoid voting on any question; provided, however, that should any member or the spouse or dependant of the member have a direct economic interest in the subject matter to be voted upon, such member may abstain from voting on such matter, if such member shall submit in writing to the Council President at any time prior to the vote being taken a letter detailing the circumstances of the economic conflict of interest. The written explanation shall be recorded in the minutes of the meeting at which the member abstained.

(F) No member shall cast the vote of another member. No person not a member shall cast the vote of any member.

(G) No member may change his vote after the Presiding Officer has announced the vote on the question.

(H) A member may, simultaneous with the casting of his vote, using not more than one minute, explain his vote on any issue. [Ord. G-96-2, passed 3-4-96; Ord. G-83-10, passed 8-22-83; Ord. G-73-33, passed 1-20-74. 1962 Code, Art. 1, Ch. 1, § 6; 1982 Code § 31.08; 1983 Code § 3.31.08.]

2.10.090 Decorum and debate.

(A) Any member desiring to speak shall address himself to the Presiding Officer. He shall confine his remarks to the question under consideration. He shall avoid personalities and shall not impugn the motive of any member’s vote or argument.

(B) When two or more members wish to speak at the same time, the Presiding Officer shall recognize the member first to seek recognition.

(C) If any member violates the rules of the Council, the Presiding Officer or any member may call him to order. A member called to order shall immediately be silent unless permitted to explain. The member called to order may appeal the calling to order to the Council. If the appeal is unsuccessful or if no appeal is taken, and any member objects to the offending member’s continuing to speak, the offending member may not proceed without the permission of the Council. If the situation calls for it, the member shall be liable to the censure of the Council.

(D) No member shall leave or cross the Council chamber or engage in any private conversation while the Presiding Officer is putting any question to a vote or addressing the Council. No member shall walk between a speaking member and the Presiding Officer.

(E) No member shall speak more than twice on the same question without leave of the Council, and no more than once until every member choosing to speak shall have spoken. All speeches shall be limited to five minutes unless further time is granted by the Presiding Officer. Time consumed in answering questions shall not be considered as a part of the speaker’s time. [Ord. G-83-10, passed 8-22-83; Ord. G-73-33, passed 1-20-74. 1962 Code, Art. 1, Ch. 1, § 7; 1982 Code § 31.09; 1983 Code § 3.31.09.]

2.10.100 Committees.

(A) Committees shall be appointed by the Council President at the beginning of his term and shall serve until the end of his term. The Council President shall designate a chairman for each committee and shall fill vacancies on said committee.

(B) There shall be three standing committees composed of not less than three members each with the exception of the Finance Committee, which shall be composed of not less than five members. The three committees shall be as follows:

(1) Finance Committee.

(2) Administration, Safety, and Development Committee.

(3) Public Works Committee.

(D) All committees shall have minority representation if a minority exists.

(E) When a subject is referred to a standing committee or to a study committee, the member introducing the same shall be a member of such committee during its deliberation thereof, but as such, shall have no right to vote, except if he is already a member of such committee. He shall be notified by the chairman of the time and place of meeting of such committee.

(F) Any matter coming before the Council which does not fall within the specific province of a standing committee may be assigned to such of the committees as the Council may determine.

(G) Committees may hold meetings at any time. Notice of the time and place of committee meetings may be given by the committee chairman during a duly convened Council meeting. If this is not done, the committee chairman calling the meeting shall notify the City Clerk who shall promptly notify each Council member.

(H) The Presiding Officer may form a committee of the whole Council to take up any matter. The Presiding Officer shall then leave the chair and appoint a chairman to preside. The rules of proceeding in the Council shall be observed in a committee of the whole Council so far as they may be applicable, except the rule limiting the time of speaking, but no member shall speak more than twice on any question until every member choosing to speak shall have spoken. The body of a question shall not be defaced or interlined during consideration by the committee of the whole Council. All amendments adopted by the committee of the whole shall be recorded by the City Clerk on a separate paper, and shall be reported to the Council along with the original question. The question may be further amended and debated when presented to the Council in regular session.

(I) All matters referred to a committee, when returned to Council, shall be accompanied by a written committee report which shall be signed by a majority of the members of the committee. Any member of Council may, after a committee has had an ordinance or resolution under consideration for one month, discharge any committee from the further consideration of any ordinance or resolution referred to it and bring such ordinance or resolution before the Council for immediate consideration. [Ord. G-83-10, passed 8-22-83; Ord. G-73-33, passed 1-20-74; Ord. G-68-2, passed 2-8-68. 1962 Code, Art. 1, Ch. 1, § 8; 1982 Code § 31.10; 1983 Code § 3.31.10.]

2.10.110 Committee reports.

(A) On second reading, the committee chairman shall make a committee report in full and without interruption. A vote on whether to accept the committee report shall be taken before further discussion.

(B) The acceptance of a committee report containing amendments to the ordinance shall automatically amend the ordinance without further motion.

(C) After the committee report is accepted, the committee report may be discussed and further amended on the Council floor. If further amendments are made to the committee report on Council floor, at the end of said amendments, a motion to move the ordinance or resolution to third reading will be required. If the committee report is not further amended after acceptance, the ordinance or resolution shall be automatically moved to third reading without further motion.

(D) If an ordinance or resolution comes from a committee with a report indicating that a majority of the committee members are either for or against the ordinance, a motion to accept the committee report will be in order. If less than a majority of the members of the committee report that they are for or against an ordinance, the committee report is a “no action” report and a motion to move the ordinance or resolution to third reading is necessary. [Ord. G-83-10, passed 8-22-83. 1982 Code § 31.11; 1983 Code § 3.31.11.]

2.10.120 Ordinances and resolutions.

(A) All ordinances and resolutions introduced before the Common Council shall be in writing and filed with the Clerk of the Council. Ordinances and resolutions shall be filed in sufficient numbers to allow one copy for each member of the Common Council, one copy for the Council Attorney, and five additional copies to be filed with the Clerk, unless a specific provision of law requires otherwise. Any ordinance or resolution requiring publication which is introduced at the special request and for the special benefit of any person and groups of persons, firm or corporation, must be accompanied with a certified check or money order sufficient to cover the cost of legal publication. An ordinance shall indicate on its face which Council person is introducing the ordinance and which committee the ordinance will be referred to. No proposed ordinance or resolution shall be considered by Council unless introduced by a member of Council.

(B) At or before the time of filing, an ordinance or resolution shall be submitted to the Council Attorney for approval of form and legality. No ordinance shall be placed on the Council agenda that has not been approved by the Law Department.

(C) All ordinances shall be filed in the City Clerk’s office by Wednesday at 12:00 noon prior to the meeting at which first reading of such ordinance will be held. The City Clerk or his agent will see that a copy of such introduced ordinance is placed in each Councilman’s packet and received by him prior to the Council meeting at which the ordinance is to be considered.

(D) Immediately prior to introduction, each ordinance and resolution shall have assigned to it by the City Clerk a number. This number shall consist of a letter prefix, as hereinafter described, followed by the last two digits of the calendar year in which introduced, and followed by the number in the sequence of introduction within each particular year. All ordinances, regardless of subject matter, shall be numbered in the same sequence for the year. Resolutions shall be numbered in a separate sequence beginning with the number “1.” The prefix for finance ordinances shall be the letter “F.” The prefix for zoning ordinances shall be the letter “R.” The prefix for general ordinances, including annexation ordinances, shall be the letter “G.” The prefix for resolutions shall be the letter “C.”

(E) Upon a finding by the Council that an emergency exists, the Mayor may introduce a proposed ordinance directly to the Common Council without the previous filing of the ordinance with the City Clerk.

(F) The requested withdrawal of an ordinance or resolution by a member of Council, petitioner, or other proponent for withdrawal shall not be effective until voted on by the Common Council. [Ord. G-2001-26, passed 10-8-01; Ord. G-89-26, passed 8-14-89; Ord. G-83-10, passed 8-22-83; Ord. G-73-33, passed 1-20-74. 1962 Code, Art. 1, Ch. 1, § 9; 1982 Code § 31.12; 1983 Code § 3.31.12.]

2.10.130 Other matters.

Any matters not addressed by these Council rules shall be resolved by reference to Robert’s Rules of Order Revised which are hereby adopted by the Common Council, except where those rules are in conflict with the rules of the Common Council, in which case the rules of the Common Council shall prevail. [Ord. G-83-10, passed 8-22-83. 1982 Code § 31.13; 1983 Code § 3.31.13.]

2.10.140 Amendments.

These rules may be amended by a majority vote of all members of the Common Council. All proposed amendments to the rules shall be referred to committee without debate; provided, however, that no vote on any amendment or resolution to amend shall be taken until at least two weeks’ notice shall be given to Council of such intended action. Both the old rule and the proposed rule amendment shall be set out in writing at the time of the two weeks’ notice. [Ord. G-83-10, passed 8-22-83. 1982 Code § 31.14; 1983 Code § 3.31.14.]