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HomeMy WebLinkAboutD-271 Council Rules & ProcedureORDINANCE NO. SMITH, PEARCE 6r HOWARD ATTORNEYS AT I.~W An Ordinance Adopting Rules and Procedures for the Common Council of Carmel, Indiana Comes now the Common Council of Carmel, Indiana, and; WHEREAS, it is deemed in the best interest of the City of Carmel, kndiana for said Common Council to adopt rules and procedures for the orderly, expedient and consistent conducting of business by said Common Council; NOW THEREFORE BE IT ORDAINED, that the Common Council of the City of Carmel, Indiana now hereby adopts for usage, those Rules and Procedures which are attached hereto and marked "Exhibit A", and that said "Exhibit A" consists of 9 (nine) pages. BE IT FURTHER ORDAINED, that the Common Council of the City of Carmel, Indiana,'upon passage of this Ordinance, shall until said rules and procedures for the Common Council are amended, changed or altered shall conduct its business according to said rules e md procedures adopted hereby. BE IT FURTHER ORDAINED, that this ordinance adopting rules and procedures for the Common Council of Camrel, Indiana, shall be in effect immediately upon passage. Passed and adopted by the Common Council of the City of Ca~ael on the ~ .day of ~, 1980. ?~iding Officer ~ Attest: -2- Clerk-Trea~h~ Presented by me to the Mayor of the City of Carmel on the ~ day of ~~__,1980, at the hour of ~o :~©. ~ ordinance approved and signed by me on the ,_~D day of _~.__,1980, at the hour of /~ :~z~. , Mayor ORDINANCE D-271 RULES AND PROCEDURES FOR CO~ION COUNCIL CARMEL, INDIANA Organization A. The Common Council shall consist of seven members, five elected from single member districts of the city and two elected at-large. City councilmanic districts shall be apportioned on the basis of population equally prior to December 31, on the year preceding the next city election. Apportionment shall be based on a simple majority vote of the CommOn Council. B. The presiding officer of the Common Council shall be the Mayor of the city. The Mayor will: 1. conduct meetings according to the rules of the Common Council and in absence of appropriate Council rules, will adhere to Roberts Rules of Order; however Council rules shall override Roberts Rules of Order if inconsistencies are found; 2. use personal discretion in the enforcement of such rules, especially with regard to Council discussions; 2. not take part in debate on any motion, resolution and/or ordinance being considered by the Council without first relinquishing the chair to the President Pro Tempore for the duration of debate and/or discussion of said motion, resolution and/or ordinance, except the Mayor may respond~to questions from Council members on said resolutions, metions and/or ordinances without relinquishing the chair; 4. not vote on any motion, resolution and/or ordinance being considered by the Council unless after any such vote, the Council shall be equally divided on the issue, whereupon the Mayor may choose to vote in the afftrm)tive if he/she so wishes. C. The Common Council shall elect at its first regular meeting each year from its membership one of its members to serve as President Pro Tempore for a term of one year. The President Pro Tempore shall not be eligible to succeed himself/herse)f the following year. The President Pro Tempore shall: 1. serve as presiding officer of the Common Council in the absence of the Mayor or if the Mayor relinquishes the gavel, but after assuming the chair, will not relinquish his/her voting rights on any motion, resolution and/or ordinance being considered by the Common Council;. 2. not take part in discussion or debate on any motion, resolution and/or ordinance without relinquishing the chair to the Clerk-Treasurer of the city for the duration of discussion and/or debate on said motion, resolution and/or ordinance. from the membQrsbip ~ the Council D. The Mayor shall appoint/at the beginning each year the following positions: 1. Chaplain 2. Parliamentarian E. Budget Committee. The Common Council shall sit as a committee of the~ in preparing the civil budget of the city and the~ttilities budgets of the city. The President Pro Tempore shall preside at Budget Committee meetings. Final action on said budgets shall occur at either a regular or special meeting of the Common Council. The Common Council may by simple majority vote create sub-committees to the Budget Committee for the purpose of preparation of budget requests to the full Budget Committee. F. All other committees of the Common Council shall be created by simple majority vote by the Council. II. Frequency of Meeting. A. The Common Council shall meet regularly on the first and third Mondays of each month at 7:30 P.M. in the Camel City Building, unless otherwise stipulated by a simple majority vote of the Common Council prior to the regular meeting. B. Special meetings of the Council may be called by the Mayor so long as 48 hours advanced notice has been given to each and every Council member either orally or by letter by the Mayor's Office. C. Emergency sessions of the Common Council may be called by the Mayor without 48 hours notice if there is a clear and present danger to the city. Such Council meetings may occur only if each and every Council member has been notified either orally or by letter. III. Order of Business. A. The Common Council 1. Invocation shall conduct its order of business as follows: 2. Pledge of Allegiance 3. Recognition of City Employees 4. Approval of Minutes 5. Old Business 6. New Business 7..Other Business 8. Announcements 9. Adjournment The agenda ~of the Conm~n Council shall be prepared by the Clerk- Treasurer of the city. Council members, the Mayor and/or Clerk- Treasurer or p~ope~ly instituted government ~gency m~y ~dd items to the a~_nd~, but a~l ~gend~ items must be ~eceived in the off~ce of the Cle~k_T~emsu~e~bynoon on the We~uesdmy immediately preceding the Council meeting. The Clerk-Treasurer shall mail or cause to be delivered the agenda and all supporting materials to each Council member within 24 hours of final receipt of agenda items. Any additional items to be added to the agenda requiring action by the Council, which are not included on the prepared agenda must be typed or written in memorandum form along with a brief rationale for inclusion on the agenda and distributed to each Council member, the Mayor and Clerk-Treasurer prior to the start of the Council meeting. When the Council has concluded its ~ew Business, the Mayor shall ask if any other business is to oome before the Council, whereupon any Council member wishing to add an additional item to the agenda and who has first submitted the title and rationale for theitem to Council members prior to the start of the meeting, shall move to add said item to the agenda. Following a second by one other Council member, the oresiding officer shall immediately call for a vote on the Question of adding said item to the agenda, without first allowing any discussion and/or debate on the content of the proposed agenda ~tem. A two-thirds (2/3) vote of Council members mus: be received in order to add the item to the agenda. No other items may be added to the agenda without the Common Council suspending its rules which shall reo~ire a unanimous vote of all those present. At the end of the regular agenda the ~residing officer shall afford the oQDortunity to any member of the Common Council or representative of the office of the Mayor or Clerk-Treasurer to make announcements and/or provide verbal and/or written information to the other members of the Common Council so long as such items do not require immediate action or d~scuss~on by the Council. IV. Rules and Procedures. A. A quorum shall be required for all meetings of the Council in order for the Common Council to conduct any official business. A quorum shall be defined as one over half the membership of the Common Council. B. All Council meetings shall be open to the general public and to all news media as set forth in the statutes of the Indiana Code; except those sessions of the Common Council which have been pre- viously announced as Executive Sessions. Such executive sessions shall be closed to the general public and the news media so long as at least 48-hours prior notice has been given and the topics to be discussed are restricted to such items as provided for in the Indiana statutes. C. A simple majority shall be required to pass any motion, resolution and/or amendment to an ordinance pending before the Common Council, unless otherwise stipulated in the Rules and procedures of the Common Council of the City of Carmel, Indiana, or in the constitution or statutes of the State of Indiana. A simple majority shall be defined as one over half of those present and voting. D. A two-thirds (2/3) majority shall be defined as five members of the Common Council voting in the affirmative. E. An absolute majority shall be defined as over one-half (1/2) of the members-elect of the Common Council. F. A three-fourths (3/4) majority shall be defined as six members of the Common Council voting in the affirmative. G. All appointments made by the Common Council to boards, commissions, special ad hoc committees, standing committees, task forces, etc. shall be made by a simple majority vote of the Common Council. H. All ordinances of the City of Carmel shall require an absolute majority for passage with the following exception: a. any ordinance which comes before the Common Council as a result of a negative recommendation of the Plan Commission to the Common Council, then in such instance said ordinance must receive a 3/4 majority vote ~n the affirmative for passage. I. All ordinances brought before the Common Council must go through two readings which must occur at two different meetings of the Common Council. This provision may be waived if the Common Council votes unanimously in the affirmative to suspend the rules following first reading and act upon the ordinance on the same evening it is introduced. A unanimous vote shall be defined as all of members present and voting in the affirmative. Abstensions shall be con- sidered as voting in the negative. J. First reading of any ordinance shall be its introduction, whereupon one Council member shall move it be introduced, and one other shall second said motion. Following said motion, the presiding officer shall read the ordinance in its entirety unless the Common Council by simple majority vote moves to suspend the rules and waive the reading of the ordinance except by title. No vote shall be taken on the first reading of the ordinance except motions to amend the ordinance. Amendments to ordinances may be added at either first or second reading by simple majority vote. Resolutions and motions by the Council may be passed by simple majority vote in the affirmative at the same meeting of their introduction. Every ordinance, order or resolution of theCommon Council shall, immediately upon its passage, enrollment, attestation and signature of the clerk and presiding officer, be presented by the City Clerk to the Mayor, and a record of the time of such presentation made by the clerk. If the mayor approves such ordinance, order or resolution, he/she shall enter his/her approval thereon and sign the same, and the ordinance, order or resolution shall become a law. If he/she does not approve the ordinance, order or resolution he/she shall return it to the clerk, with his/her objections in writing, within ten (10) calendar days after receiving it, and the clerk shall present the same to the Common Council at its next meeting. If the mayor fails to discharge his/her duty by approving or disapproving such ordinance, order or resolution within the time named, such failure shall be deemed a disapproval; and in all cases of disapproval by the mayor, such ordinance, order or resolution shall not become a law unless, at its next regular or special meeting after the time named for the mayor's action, the Council shall again pass the same by a two-thirds vote of all members-elect. It shall be the duty of the Clerk-Treasurer of the City to attach to the agenda an account of the disposition of all orders, resolutions and/or ordinances which the Council has passed in its previous meeting. V. Clerk-Treasurer A. The Clerk-Treasurer of the City of Carmel shall serve as clerk to the Common Council. The Clerk-Treasurer shall be responsible for: 1. taking and keeping of minutes of all regular and special meetings of the Common Council; 2. maintaining all the official records of the Common Council, including all ordinances, resolutions and orders passed bY the Common Council; 3. providing the Budget Committee of the Common Council all information it may request with regard to the finances of the city; 4. preparing the agenda of the Common Council and causing it to be delivered to all members of the Common Council and the Mayor as well as those media who have requested such notification; 5. preparing in ordinance or resolution form those ordinances and/or resolutions which may from time to time be requested by members of the Common Council; B. The Clerk Treasurer shall be empowered to delegate to employees in her office the aforesaid responsibilities and shall, if necessary, include in the budget request to the Common Council, remuneration for such assistance from the budget of the Common Council. C. The Clerk Treasurer shall perform all those other responsibilities set forth in the Indiana Code as regards his/her relationship to the Common Council. VI. The City Attorney A. Unless otherwise determined by a simple majority vote of the Common Council, the City Attorney of the City of Carmel, as appointed by Bo VII. the Mayor of the City of Carmel, shall serve as attorney to the Common Council and shall: 1. provide legal assistance in preparation of resolutions, orders and ordinances that might be requested by members of the Common Council~ 2. prepare such resolutions, orders and ordinances at the request of members of the Common Council; 3. represent the Common Council in any litigation to which the Common Council members may be a party as a consequence of their collective or individual official responsibilities; 4. provide to individual Council members legal advice on any question regarding the official work of said Council members. The City Attorney shall perform all those other responsibilities set forth in the Indiana Code as regards histher relationship to the Common Council. This ordinance shall amend and supercede any other provisions of the Code of the City of Carmel with regard to the Rules and Procedures of the City Council of Carmel, Indiana. No provision of this ordinance may conflict with the Constitution and/or statutes of the United States of America or the Constitution and statutes of the State of Indiana, which shall supercede the provisions of this ordinance. Adopted this 28th day of July, 1980. Approved: