Chapter 2.05
TOWN COUNCIL

Sections:

Article I. General Provisions

2.05.010    Term of office.

2.05.020    Residency required.

2.05.030    Powers and duties.

2.05.040    President and town executive – Vice-president.

2.05.050    Election districts of the town council.

Article II. Meetings – General Provisions

2.05.060    Open meetings.

2.05.070    Executive sessions.

2.05.080    Notice of meetings.

2.05.090    Agenda.

2.05.100    Minutes.

2.05.110    Quorum.

2.05.120    Clerk-treasurer – Tie-breaking vote.

2.05.130    Meetings of the town council.

Article III. Meetings – Rules of Procedure

2.05.140    Presiding officer.

2.05.150    Quorum for conducting business.

2.05.160    Absence of president.

2.05.170    Duties of the president.

2.05.180    Duties of council members.

2.05.190    Seconding of motions required.

2.05.200    Withdrawal of motions.

2.05.210    Division of questions.

2.05.220    Record of motions.

2.05.230    Vote.

2.05.240    Precedence of motion.

2.05.250    Undebatable motions and exceptions to order.

2.05.260    Motion to adjourn.

2.05.270    Motion to postpone indefinitely.

2.05.280    Motion to amend.

2.05.290    Amendments.

2.05.300    Reconsideration.

2.05.310    Visitors and petitioners.

2.05.320    Reports, communications, petitions, and the like.

2.05.330    Adoption of Robert’s Rules of Order, Revised.

2.05.340    Temporary suspension of rules – Amendment of rules.

Article IV. Ordinances and Resolutions

2.05.350    Majority vote – When required.

2.05.360    Two-thirds vote – When required.

2.05.370    Date of adoption – Publication.

2.05.380    Record of ordinances.

Article I. General Provisions

2.05.010 Term of office.

Except as otherwise provided in IC 36-5-2-3(b), (c), (d) or (e), the term of office of a member of the town council is four years, beginning at noon January 1st after the member’s election and continuing until the member’s successor is elected and qualified. (IC 36-5-2-3(a)) [Code 2000 § 30.01].

2.05.020 Residency required.

(A) A member of the town council must reside within:

(1) The town as provided in Indiana Constitution, Article 6, Section 6; and

(2) The district from which the member was elected, if applicable.

(B) A member of the town council who is elected by the voters of a district forfeits office if the member ceases to be a resident of the district.

(C) A member of the town council who is elected by the voters of the entire town but is elected or selected as a candidate from a district forfeits office if the member ceases to be a resident of the district.

(D) An at-large member of the town council forfeits office if the member ceases to be a resident of the town. (IC 36-5-2-6) [Code 2000 § 30.02].

2.05.030 Powers and duties.

(A) The town council may:

(1) Adopt ordinances and resolutions for the performance of functions of the town;

(2) Purchase, hold, and convey any interest in property for the use of the town; and

(3) Adopt and use a common seal (IC 36-5-2-9).

(B) The town council shall:

(1) By ordinance fix the compensation of its own members, the town clerk-treasurer and provide reasonable compensation for other town officers and employees, pursuant to IC 36-5-3-2.

(2) Pass and adopt a budget pursuant to IC 36-5-3-3 and 6-1.1-17 et seq.

(3) Elect officers pursuant to IC 36-5-2-7 and HMC 2.05.040.

(4) Perform such other actions as required by law or local ordinance. [Ord. 1677 § 2, 2018].

2.05.040 President and town executive – Vice-president.

(A) The town council shall select one of its members to be its president for a definite term, which may not exceed his or her term of office as a member of the town council and which will continue until a successor is selected and qualified. (IC 36-5-2-7)

(B) The town council shall also select one of its members to serve as vice-president for a definite term, which may not exceed his or her term of office as a member of the town council. The vice-president shall perform those duties outlined in HMC 2.05.170 whenever the president shall be temporarily absent.

(C) The town council shall select a president and vice-president pursuant to this section at its first regular or special meeting in January each year. Should a vacancy occur in either office during the term, the town council shall select from its membership a replacement who shall serve for the balance of the unexpired term of the vacated office.

(D) If there is no duly selected presiding officer at a meeting described in this section and at the first meeting called following a quadrennial municipal election, the clerk-treasurer shall preside, call the roll, determine a quorum and chair the meeting until such time as the town council shall elect a president from its membership, which shall be the first business in order.

(E) The clerk-treasurer shall prepare and subscribe to a certificate for each duly elected officer of the town council indicating the office selected and the date of such selection. No additional oath shall be required to qualify for either the office of the president or of the vice-president.

(F) The president of the town council selected pursuant to IC 36-5-2-7 and this section is the town executive.

(G) Powers of the Town Executive.

(1) In addition to any powers or duties conferred upon the municipal executive under Indiana law and this code, the town executive may revoke or suspend any license issued by the town if the person holding the license has violated the terms or conditions of the license or of the law under which it was issued.

(2) The town executive must have the approval of a majority of the town council before the executive may discharge, reduce in grade under IC 36-8-3-4, or remove a town employee. [Ord. 1182 § 1, 2001; Ord. 1677 § 3, 2018. Code 2000 § 30.04].

2.05.050 Election districts of the town council.

(A) The town shall be divided into five election districts.

(B) The town council shall be comprised of five members with one member from each district.

(C) Each member of the town council shall reside in the district that he or she represents as member of the town council and from which he or she was elected and shall forfeit office if the member ceases to be a resident of the district, pursuant to IC 36-5-2-6(c).

(D) The members of the Highland town council shall be elected at large by the voters of the whole town.

(E) In order to carry out the purposes of conducting town council elections, the town is hereby divided into five districts, as shown on the official district map which, together with all explanatory matters thereon, is hereby adopted by reference and made a part of this code.

(F) The five election districts are hereby established and fixed as depicted, described and particularly identified and set forth in subsection (I) of this section and, to the extent that they possess the proper nexus to this section, are a part of this code.

(G) A reference in this code to the boundary of a political subdivision, a precinct boundary, or an election district boundary refers to the precinct or boundary as the precinct or boundary existed on the date of adoption of the ordinance codified in this section. A change in the boundary of a political subdivision, precinct, or election district following the date of adoption of the ordinance codified in this section does not alter the boundaries of the election districts established by the ordinance codified in this section, pursuant to IC 36-1-6-10.

(H) A previously adopted ordinance establishing election districts remains in effect for the purpose of filling a vacancy in the fiscal or legislative body until the expiration of the term of that office, all pursuant to IC 36-1-6-10(b).

(I) Town Council Election Districts Described. Pursuant to subsections (E) and (F) of this section, the following further and more particularly describe the five election districts of the town council of the town of Highland, and are hereby fixed as follows:

(1) District (Ward) 1. Town council District 1 shall be comprised of the following precincts or parts of precincts, represented by blocks as determined by the United States Bureau of the Census in the most recent decennial census, which was conducted in 2010:

Election District 1, population total: 4,748

and Precinct 2 in that portion or portions consisting of the following census blocks:

and Precinct 5 in that portion or portions consisting of the following census blocks:

(2) District (Ward) 2. Town council District 2 shall be comprised of the following precincts or parts of precincts, represented by blocks as determined by the United States Bureau of the Census in the most recent decennial census, which was conducted in 2010:

Election District 2, population total: 4,739

and Precinct 2 in that portion or portions consisting of the following census blocks:

and Precinct 3 in that portion or portions consisting of the following census blocks:

and Precinct 5 in that portion or portions consisting of the following census blocks:

and Precinct 15 in that portion or portions consisting of the following census blocks:

(3) District (Ward) 3. Town council District 3 shall be comprised of the following precincts or parts of precincts, represented by blocks as determined by the United States Bureau of the Census in the most recent decennial census, which was conducted in 2010:

Election District 3, population total: 4,747

and Precinct 3 in that portion or portions consisting of the following census blocks:

and Precinct 11 in that portion or portions consisting of the following census blocks:

and Precinct 22 in that portion or portions consisting of the following census blocks:

and Precinct 24 in that portion or portions consisting of the following census blocks:

(4) District (Ward) 4. Town council District 4 shall be comprised of the following precincts or parts of precincts, represented by blocks as determined by the United States Bureau of the Census in the most recent decennial census, which was conducted in 2010:

Election District 4, population total: 4,745

and Precinct 11 in that portion or portions consisting of the following census blocks:

and Precinct 24 in that portion or portions consisting of the following census blocks:

(5) District (Ward) 5. Town council District 5 shall be comprised of the following precincts or parts of precincts, represented by blocks as determined by the United States Bureau of the Census in the most recent decennial census, which was conducted in 2010:

Election District 5, population total: 4,748

and Precinct 5 in that portion or portions consisting of the following census blocks:

and Precinct 15 in that portion or portions consisting of the following census blocks:

and Precinct 22 in that portion or portions consisting of the following census blocks:

[Ord. 1329 § 1, 2006; Ord. 1530 §§ 1, 2, 2012. Code 2000 § 30.05].

Article II. Meetings – General Provisions

2.05.060 Open meetings.

(A) Except as provided in HMC 2.05.070, all meetings of the town council must be open at all times for the purpose of permitting members of the public to observe and record them.

(B) A secret ballot vote may not be taken at a meeting. (IC 5-14-1.5-3(a) and (b)) [Code 2000 § 30.20].

2.05.070 Executive sessions.

(A) As used in this section, “public official” means a person:

(1) Who is a member of a governing body of a public agency; or

(2) Whose tenure and compensation are fixed by law and who executes an oath.

(B) Executive sessions may be held only in the following instances:

(1) Where authorized by federal or state statute.

(2) For discussion of strategy with respect to any of the following:

(a) Collective bargaining.

(b) Initiation of litigation or litigation that is either pending or has been threatened specifically in writing.

(c) The implementation of security systems.

(d) The purchase or lease of a real property transaction including: (i) a purchase; (ii) a lease as lessor; (iii) a lease as lessee; (iv) a transfer; (v) an exchange; or (vi) a sale; by the governing body up to the time a contract or option to purchase or lease is executed by the parties. This clause does not affect the town’s duty to comply with any other statute that governs the conduct of the real property transaction, including but not limited to IC 36-1-10 or 36-1-11.

(3) Interviews with industrial or commercial prospects or agents of industrial or commercial prospects by the Department of Commerce, the State Development Finance Authority, the Film Commission, or the State Business Modernization and Technology Corporation.

(4) To receive information about and interview prospective employees.

(5) With respect to any individual over whom the governing body has jurisdiction:

(a) To receive information concerning the individual’s alleged misconduct; and

(b) To discuss, before a determination, the individual’s status as an employee, a student, or an independent contractor who is a physician.

(6) For discussion of records classified as confidential by state or federal statute.

(7) To discuss before a placement decision an individual student’s abilities, past performance, behavior, and needs.

(8) To discuss a job performance evaluation of individual employees. This subsection does not apply to a discussion of the salary, compensation, or benefits of employees during a budget process.

(9) When considering the appointment of a public official, to do the following:

(a) Develop a list of prospective appointees.

(b) Consider applications.

(c) Make one initial exclusion of prospective appointees from further consideration.

(d) Notwithstanding IC 5-14-3-4(b)(12), the town council may release and shall make available for inspection and copying in accordance with IC 5-14-3-3 identifying information concerning prospective appointees not initially excluded from further consideration. An initial exclusion of prospective appointees from further consideration may not reduce the number of prospective appointees to fewer than three unless there are fewer than three prospective appointees. Interviews of prospective appointees must be conducted at a meeting that is open to the public.

(10) To train school board members with an outside consultant about the performance of the role of its members as public officials.

(11) To prepare or score examinations used in issuing licenses, certificates, permits, or registrations under IC 15-5-1.1 or 25.

(C) A final action must be taken at a meeting open to the public.

(D) Public notice of executive sessions must state the subject matter by specific reference to the enumerated instance or instances for which executive sessions may be held under subsection (B) of this section. The requirements stated in HMC 2.05.090 and 2.05.100 for memoranda and minutes being made available to the public is modified as to executive sessions in that the memoranda and minutes must identify the subject matter considered by specific reference to the enumerated instance or instances for which public notice was given. The town council shall certify by a statement in the memoranda and minutes of the town council that no subject matter was discussed in the executive session other than the subject matter specified in the public notice.

(E) The town council may not conduct an executive session during a meeting, except as otherwise permitted by applicable statute. A meeting may not be recessed and reconvened with the intent of circumventing this section. (IC 5-14-1.5-6.1) [Ord. 1700 § 2, 2019. Code 2000 § 30.21].

2.05.080 Notice of meetings.

(A) Public notice of the date, time, and place of any meetings, executive sessions, or of any rescheduled or reconvened meeting shall be given at least 48 hours (excluding Saturdays, Sundays, and legal holidays) before the meeting. This requirement does not apply to reconvened meetings (not including executive sessions) where announcement of the date, time, and place of the reconvened meeting is made at the original meeting and recorded in the memoranda and minutes thereof, and there is no change in the agenda.

(B) Public notice shall be given by the town council by:

(1) Posting a copy of the notice at the principal office of the town council, or if no such office exists, at the building where the meeting is to be held; and

(2) Depositing in the United States mail with postage prepaid or by delivering notice to all news media which deliver by January 1st an annual written request for such notices for the next succeeding calendar year to the town council.

(C) Notice of regular meetings need be given only once each year, except that an additional notice shall be given where the date, time, or place of a regular meeting or meetings is changed. This subsection does not apply to executive sessions.

(D) If a meeting is called to deal with an emergency involving actual or threatened injury to person or property, or actual or threatened disruption of the governmental activity under the jurisdiction of the town council by any event, then the time requirements of notice under this section shall not apply, but:

(1) News media which have requested notice of meetings must be given the same notice as is given to the members of the town council; and

(2) The public must be notified by posting a copy of the notice according to this section.

(E) This section shall not apply where notice by publication is required by statute, ordinance, rule, or regulation.

(F) Notice has not been given in accordance with this section if the town council convenes a meeting at a time so unreasonably departing from the time stated in its public notice that the public is misled or substantially deprived of the opportunity to attend, observe, and record the meeting. (IC 5-14-1.5-5) [Amended during 2012 recodification. Code 2000 § 30.22].

2.05.090 Agenda.

(A) The town council, when utilizing an agenda, shall post a copy of the agenda at the entrance to the location of the meeting prior to the meeting. A rule, regulation, ordinance, or other final action adopted by reference to agenda number or item alone is void. (IC 5-14-1.5-4(a))

(B) The agenda of the town council regular meeting shall possess the following elements:

(1) The agenda shall describe whether or not the meeting is a regular, special or adjourned meeting.

(2) It shall state the date, day, year and time of the meeting.

(3) It shall include the names of the members of the town council, listed in ward order.

(C) The agenda of the town council regular meeting shall possess the following orders of business as may be applicable:

(1) Opening ceremony or exercises. This item of business may include posting of colors, pledge of allegiance and any other element that the town council may determine appropriate.

(2) Roll call and ascertainment of quorum. This item of business shall be conducted by a formal roll call conducted by the reading aloud of town council names in ward order. It may be conducted as a silent roll call as well.

(3) Action on minutes of previous meeting(s). Minutes shall not be read aloud before action, unless the town council so directs. The town council may approve minutes by general consent.

(4) Special orders. This item of business may include such matters as may require public hearings, administration of oaths of office, special presentations, matters that require action at a particular meeting, and such things as may be made special orders as parliamentary practice or the proper officers may determine appropriate.

(5) Comments from the public or visitors. This item of business is to permit persons to address the town council on matters pending before it. Persons wishing to speak should be recognized by the presiding officer before speaking. Persons addressing the town council are requested to limit their presentations to two minutes and encouraged to avoid repetitious comments.

(6) Communications. This item of business involves the reading of letters, petitions, or memos that may be transmitted to the town council and may include taking action on matters raised in the communications as may be appropriate or desirable.

(7) Receipt of staff reports. This item of business shall include receipt of the monthly reports from or regarding the activities of the building and inspection department, the fire department, workplace safety, and such reports as may from time to time be deemed necessary or desirable.

(8) Appointments. This item of business involves the making of appointments to various boards and commissions as Indiana law or ordinances of the town may from time to time require. When listing items, the agenda should distinguish appointments that are made by the town executive from those that are made by the town council as legislative or fiscal body of the town.

(9) Unfinished business and general orders. This item of business involves matters that may have been introduced in a previous meeting, but unfinished and such matters as may be placed before the town council for its consideration, such as ordinances, resolutions, orders and other matters deemed appropriate under Indiana law, ordinances, and parliamentary practice.

(10) New business. This item of business is confined to announcements of intention to bring a future action, or requests for the preparation of legislative work product for future consideration. No ordinances, resolutions, or orders may be brought before the town council without the unanimous vote of the members present. In no instance may a matter for final action be taken up under this item of business.

(11) Comments from town council membership (good of the order). This item of business is to permit members of the legislative body to offer such comments, informal observations or remarks that each councilor may deem appropriate, desirable or as likely to promote the general welfare, or the good of the order. Councilors shall be recognized by the presiding officer before speaking. Councilors may be recognized to speak in ward order with the town council president allowed to speak last.

(12) Comments from the public or visitors. This item of business is to permit persons to address the town council on any matter. Persons wishing to speak should be recognized by the presiding officer before speaking. Depending on the nature of the comments, the town council may direct the staff to address the topic or follow up on matters that may arise from public comments. If necessary, the matter may be set for action at a future meeting. Persons addressing the town council are requested to limit their presentations to two minutes and encouraged to avoid repetitious comments.

(13) Consideration of accounts payable vouchers. This item of business is to allow the town council to consider and take action on accounts payable vouchers filed according to the provisions of IC 5-11-10 et seq. and 36-5-4 et seq.

(14) Adjournment. At the conclusion of all items of business, the town council president may declare the meeting adjourned or he may seek a motion from the town council for adjournment. This item of business should be understood according to parliamentary authority.

(D) The agenda of any town council special meeting shall possess the preceding orders of business as may be applicable.

(E) The agenda of any regular or special meeting shall be prepared by the clerk-treasurer. The town council president shall review and may approve matters for placement on the agenda. The agenda prepared according to this section shall be deemed to be fixed and will not require further action by the town council. The agenda may be amended by a two-thirds vote of the entire town council.

(F) The clerk-treasurer is authorized to establish filing deadlines for matters to be placed on the agenda of a particular meeting. The town council shall reserve the authority to modify any deadline except where filing is governed by law. [Ord. 1407 § 1, 2008; Ord. 1713 § 1, 2020. Code 2000 § 30.23].

2.05.100 Minutes.

(A) As the meeting progresses, the following memoranda shall be kept:

(1) The date, time, and place of the meeting.

(2) The members of the town council recorded as either present or absent.

(3) The general substance of all matters proposed, discussed, or decided.

(4) A record of all votes taken, by individual members if there is a roll call.

(5) Any additional information required under IC 5-1.5-2-2.5 or 20-12-63-7.

(B) The memoranda are to be available within a reasonable period of time after the meeting for the purpose of informing the public of the town council’s proceedings. The minutes, if any, are to be open for public inspection and copying. (IC 5-14-1.5-4(b) and (c)) [Code 2000 § 30.24].

2.05.110 Quorum.

A majority of all the elected members of the town council constitutes a quorum. (IC 36-5-2-9.2) [Code 2000 § 30.25].

2.05.120 Clerk-treasurer – Tie-breaking vote.

(A) The town clerk-treasurer is the clerk of the town council.

(B) Whenever the town council has an even number of members for any reason, the clerk-treasurer is an ex officio member for the purpose of casting the deciding vote to break a tie. (IC 36-5-2-8) [Code 2000 § 30.26].

2.05.130 Meetings of the town council.

(A) The types of meetings that may be convened by the town council include regular plenary meetings, special meetings, executive sessions, adjourned meetings, and regular study sessions.

(1) What constitutes a meeting shall be governed by IC 5-14-1.5-2 and this code.

(2) Plenary meetings shall be convened based upon an established standing day and time, at which matters are brought before the town council either by its specific action or by an agenda assembled according this chapter, for its consideration and possible dispositive action. These meetings will be conducted with the customary formality associated with such meetings according to the prevailing law and the selected parliamentary authority. However, the town council may employ at the beginning of each meeting a review period to consider the agenda and discuss matters that are necessary or desirable. When doing so, the council may employ the same degree of informality and legislative conduct associated with study sessions. This review period ends when the town council calls the plenary meeting to regular order.

(3) Study sessions shall be distinguished from plenary meetings as they shall be conducted with less formality and with no votes or final actions of a dispositive nature unless provided otherwise by proper notice, pursuant to IC 5-14-1.5 et seq.

(4) Special meetings shall be convened at a different time and date from the regular plenary meetings or study sessions to consider and act upon only one or more items as set forth in the notice and call of the meeting.

(5) An adjourned meeting is a meeting convened as a continuation of a meeting which preceded it and at which the items of business were not able to be completed. The adjourned meeting shall take up at the point where the previous meeting ended, addressing the business remaining from the prior meeting and be confined only to those matters, unless special notice is provided under IC 5-14-1.5 et seq.

(6) An executive session is a meeting from which the public is barred from attending to record and observe and may only be convened according to the provisions and purposes set forth in IC 5-14-1.5-6.1.

(B) Except as otherwise provided herein, the town council shall hold regular plenary meetings on the second and fourth Monday of each month, which shall begin at 6:30 p.m.

(C) Except as otherwise provided herein, the town council shall hold study sessions on the first and third Monday of each month, which shall begin at 6:30 p.m.

(D) Town council plenary meetings or study sessions may be canceled by a majority vote of the town council or by direction of the town council president.

(E) Town council plenary meetings may be rescheduled by a two-thirds vote of the elected members of the town council.

(F) The town council shall have the authority to hold such other meetings, as described in this section as it may deem necessary or desirable provided such meetings be held pursuant to IC 5-14-1.5 et seq.

(G) The town council, when necessary or desirable, shall hold executive sessions pursuant to IC 5-14-1.5-6.1 and HMC 2.05.170 only for the purposes authorized therein.

(H) The town clerk-treasurer shall memorialize the proceedings of all meetings pursuant to IC 5-14-1.5 et seq., and HMC 2.05.100 and 2.10.030(C)(9). [Ord. 1700 § 1, 2019].

Article III. Meetings – Rules of Procedure

2.05.140 Presiding officer.

The council president shall take the chair at the hour appointed, or to which the council shall have adjourned, and shall immediately call the members to order; whereupon, the clerk-treasurer shall proceed to call the roll of members. If a quorum is present, the clerk-treasurer shall so announce, and the council shall proceed with the order of business. [Code 2000 § 30.40].

    Cross-reference: Election of council president, see HMC 2.05.040.

2.05.150 Quorum for conducting business.

(A) A quorum shall consist of a majority of the entire council, including the council president. A quorum shall be necessary to transact the business of the town council.

(B) If no quorum is present, the council shall not thereby stand adjourned, but the members present shall adjourn or recess the council by a majority vote. [Code 2000 § 30.41].

2.05.160 Absence of president.

At any meeting of the council where a majority shall be assembled, and if the president and vice-president are absent for any reason, the clerk-treasurer shall preside and call the roll, whereupon the council shall elect a temporary chairperson from its membership. [Amended during 2012 recodification. Code 2000 § 30.42].

2.05.170 Duties of the president.

(A) The president shall serve as the chair, shall preserve order and decorum and may speak to points of order in preference to other members, and shall decide all questions of order subject to appeal.

(B) If the president refuses to allow the council members to exercise their right to appeal a decision of the chair, the council members may consider and pass upon the matter in spite of the chair’s failure to grant them appeal.

(C) The president shall have the power to require the council room to be cleared, or to have any disorderly person or persons ejected, in case of any disturbances or disorderly conduct which prevent the meeting from being continued in an orderly manner. [Code 2000 § 30.43].

2.05.180 Duties of council members.

(A) While the president is stating the motion, or deciding a point of order, the members shall be seated and no member shall leave the council room during the session without permission from the presiding officer.

(B) Every member, prior to his or her speaking, making a motion or seconding the same, shall address the presiding officer and shall not proceed with his or her remarks until recognized and named by the chair.

(C) A member so recognized by the chair shall confine himself or herself to the question under debate.

(D) No member shall speak more than once on the same question, except by permission of the chair, and then not until every other member desiring to speak shall have had an opportunity to do so.

(E) No member shall speak longer than five minutes at any one time, except by consent of the chair.

(F) While a member is speaking, no member shall hold any private discussion, nor pass between the speaker and the chair.

(G) A member, when called to order by the chair, shall thereupon discontinue speaking. The order or ruling of the chair shall be binding and conclusive, subject only to the right to appeal.

(H) Any member may appeal to the council from a ruling of the chair and, if the appeal is seconded, the member making the appeal may briefly state his or her reason for the same, and the chair may briefly explain his or her ruling; but there shall be no debate on the appeal and no other member shall participate in the discussion. The chair shall then put the question, “Shall the decision of the chair be overruled?” Otherwise, it shall be sustained.

(I) The right of a member to address the council on a question of personal privilege shall be limited to cases in which his or her integrity, character or motives are assailed, questioned or impugned. [Code 2000 § 30.44].

2.05.190 Seconding of motions required.

No motion shall be put or debated in the council or in committee unless it be seconded. When a motion is seconded, it shall be stated by the presiding officer before debate. [Code 2000 § 30.45].

2.05.200 Withdrawal of motions.

After a resolution or a motion is stated by the president, it shall be deemed to be in the possession of the council, but it may be withdrawn by the maker thereof with or without the consent of the council member seconding the motion prior to the call for the vote by the president. [Code 2000 § 30.46].

2.05.210 Division of questions.

If any question under consideration contains several distinct propositions, the council, by a majority vote of the members present, may divide such questions. [Code 2000 § 30.47].

2.05.220 Record of motions.

In all cases where a resolution or motion is entered in the journal, the name of the member moving and seconding the same shall be entered. [Code 2000 § 30.48].

2.05.230 Vote.

(A) The ayes and nays shall be taken upon the passage of all ordinances and on all propositions to create any liability against the town, or for the expenditure or appropriation of its money, and upon any question and in all other cases at the request of any member of the council.

When the clerk-treasurer has commenced to call the roll of the council for the taking of a vote by ayes and nays, all debate on the question before the council shall be deemed concluded, and during the taking of the vote a member shall be permitted to briefly explain his or her vote and shall respond to the calling of his or her name by the clerk-treasurer by answering “Aye” or “Nay,” as the case may be.

(B) Every council member present shall vote unless he or she has an interest in the matter, in which event he or she shall disqualify himself. If a council member who has not disqualified himself or herself does not vote, his or her failure to vote shall, to the extent permitted by law, be construed as concurring with the majority.

(C) The president shall announce the result of the council’s vote and such votes shall be entered in the journal of the proceedings. [Code 2000 § 30.49].

2.05.240 Precedence of motion.

When a question is before the council, no motion shall be received, except as herein specified, and which shall have precedence in the order herein stated.

(A) To fix the time to which to adjourn.

(B) To adjourn.

(C) To take a recess.

(D) To raise a question of privilege.

(E) To call for the orders of the day.

(F) To lay on the table.

(G) To call for the previous question.

(H) To postpone to a certain time.

(I) To refer to committee.

(J) To amend.

(K) To postpone indefinitely.

(L) To the main motion. [Code 2000 § 30.50].

2.05.250 Undebatable motions and exceptions to order.

The motion to adjourn or to lay on the table shall be decided without debate, and the motion to fix the time to which to adjourn and the motion to adjourn shall always be in order, except:

(A) When a member is in possession of the floor.

(B) When the roll call votes are being called.

(C) While the members are voting.

(D) When adjournment was the last preceding motion.

(E) When it has been decided that the previous question shall be taken. [Code 2000 § 30.51].

2.05.260 Motion to adjourn.

A motion to adjourn cannot be amended; but a motion to adjourn to a given day or time shall be open to amendment and debate. [Code 2000 § 30.52].

2.05.270 Motion to postpone indefinitely.

When a question is postponed indefinitely, it shall not be taken up again before the next regular meeting. [Code 2000 § 30.53].

2.05.280 Motion to amend.

A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be entertained. [Code 2000 § 30.54].

2.05.290 Amendments.

Only one amendment at a time may be offered to any question before the council. The vote shall first be taken on the amendment and, if the amendment passes, then further amendments may be proposed. Finally, a vote shall be taken on the principal motion as finally amended. [Code 2000 § 30.55].

2.05.300 Reconsideration.

(A) A vote or question may be reconsidered at any time during the same meeting, or at the first regular meeting held thereafter. A motion for reconsideration, once having been made and decided in the negative, shall not be renewed. A matter once having been decided and a motion to reconsider such matter having been defeated, it may nonetheless come before the council at a future time by way of a motion to rescind or as a new motion. If the chair determines that new facts are to be presented to the council, or that there is a likelihood that the council will reverse its previous decision, the chair shall rule the motion in order. If a motion is continuously brought before the council and rejected, the chair may rule its reintroduction under a motion to rescind or as a new motion to be out of order.

(B) No motion to reconsider the approval or denial of the recommendation of an advisory body required to hold public hearings shall be entertained except at the same meeting at which the original action was taken or after the matter has been referred to the advisory body for a further hearing and recommendation.

(C) A motion to reconsider must be made and seconded by members who voted on the prevailing side of the question to be reconsidered, unless otherwise provided by law; provided, however, that where a motion has received a majority vote in the affirmative, but is declared lost solely on the ground that a greater number of affirmative votes is required by statute for the passage or adoption of such motion, then in such case a motion to reconsider may be made and seconded only by those who voted in the affirmative on such question to be reconsidered, so long as the issue presented is the same, no new information is forthcoming, and the rights of third parties have not intervened. [Code 2000 § 30.56].

2.05.310 Visitors and petitioners.

Except during the time allotted for public discussion and comments, no person, other than a member of the council, shall address that body, except with the consent of a majority of the members present. [Code 2000 § 30.57].

2.05.320 Reports, communications, petitions, and the like.

All communications, reports, petitions or any other papers addressed to the council shall be made available to the clerk-treasurer prior to the meeting. The clerk-treasurer shall endeavor to distribute copies or read such material to the members of the council. [Code 2000 § 30.58].

2.05.330 Adoption of Robert’s Rules of Order, Revised.

The rules of parliamentary practice comprised in the published edition of Robert’s Rules of Order, newly revised 11th Edition, shall govern the council in all cases to which they are applicable and in which they are not inconsistent with the ordinances of the town including these rules, or the statutes of the state. [Amended during 2012 recodification. Code 2000 § 30.59].

2.05.340 Temporary suspension of rules – Amendment of rules.

(A) The town council shall have the authority to make rules by resolution that are in addition to those set forth in this code to govern its meetings or to manage the business that comes before it.

(B) Except for those set forth by ordinance or in this code, the rules of the council described in this section may be temporarily suspended, altered or amended, by concurrence of a majority vote of all the council members then in office. [Ord. 1677 § 4, 2018].

Article IV. Ordinances and Resolutions

2.05.350 Majority vote – When required.

(A) A requirement that an ordinance, resolution, or other action of the town council be passed by a majority vote means at least a majority vote of all the elected members. (IC 36-5-2-9.4(a))

(B) A majority vote of the town council is required to pass an ordinance unless a greater vote is required by statute. (IC 36-5-2-9.6) [Code 2000 § 30.80].

2.05.360 Two-thirds vote – When required.

(A) A requirement that an ordinance, resolution, or other action of the town council be passed by a two-thirds vote means at least a two-thirds vote of all the elected members. (IC 36-5-2-9.4(b))

(B) A two-thirds vote of all the elected members, after unanimous consent of the members present to consider the ordinance, is required to pass an ordinance of the town council on the same day or at the same meeting at which it is introduced.

(C) Subsection (B) of this section does not apply to the following:

(1) A zoning ordinance or an amendment to a zoning ordinance adopted under IC 36-7.

(2) An ordinance to increase the number of town council members adopted under IC 36-5-2-4.2, unless the ordinance also establishes new legislative body districts. (IC 36-5-2-9.8) [Code 2000 § 30.81].

2.05.370 Date of adoption – Publication.

(A) An ordinance, order, or resolution passed by the town council is considered adopted when it is signed by the president of council. If required by statute, an adopted ordinance, order, or resolution must be promulgated or published before it takes effect.

(B) An ordinance prescribing a penalty for a violation must, before it takes effect, be published in the manner prescribed by IC 5-3-1 unless:

(1) It is published under IC 36-1-5; or

(2) It declares an emergency requiring its immediate effectiveness and is posted in:

(a) One public place in each district in the town; or

(b) A number of public places in the town equal to the number of town council members, if the town has abolished legislative body districts under IC 36-5-2-4.1.

(C) This section does not apply to a zoning ordinance or amendment to a zoning ordinance, or a resolution approving a comprehensive plan, that is adopted under IC 36-7. (IC 36-5-2-10) [Code 2000 § 30.82].

2.05.380 Record of ordinances.

(A) Within a reasonable time after an ordinance of the town council is adopted, the clerk-treasurer shall record it in a book kept for that purpose. The record must include:

(1) The signature of the president of council;

(2) The attestation of the clerk-treasurer; and

(3) The date of each recorded item.

(B) The record or a certified copy of it constitutes presumptive evidence of the adoption of the ordinance. (IC 36-5-2-10.2) [Code 2000 § 30.83].