Article I. Meetings of Governing Body


1.12.010 Council meetings.

(a)

The regular meeting of the council shall be held on the third Thursday of each month at six p.m.

(b)

Council Agenda.

(1)

Matter to be considered by council at a regular or special meeting shall be placed on a written agenda according to the order of business and publicly posted by the city clerk and made available to council members, the media and the public by five p.m. two days prior to the meeting.

(2)

The agenda shall be prepared by the city clerk and the city administrator. The mayor, any council member or the city administrator, may propose items for the agenda. Items submitted outside the scope of regular business items or which are outside the normal procedures for council are not required to be placed on the agenda. In the event that a proposed item is not on the agenda, a motion may be made by any city council member during the miscellaneous administrative matters and announcements section of the council business order and by a majority vote of council the same may be considered at that time, set upon the agenda at a subsequent meeting, referred to committee, or be denied placement on the agenda or be determined in the manner that council may decide.

(Ord. O-06-05, 2005; Ord. O-08-00 § 4, 2000; Ord. O-14-99 § 2, 1999: Ord. 01-91 § 2, 1991)

1.12.020 Special meetings.

The mayor shall call special meetings of the council, when in his judgment, the interests of the public may require, or at the written request of any five council members. A call for a special meeting shall set forth the purpose for which the meeting is called. No other business than that set forth in such call shall be transacted at a special meeting, except by unanimous consent of council.

(Prior code § 1-3-2)

1.12.030 Meetings to be open—Exception.

All meetings of the council, both regular and special, shall be open to any and all citizens who may wish to attend, except that the council may go into executive session as permitted by the Freedom of Information Act. No formal vote may be taken by council while in executive session.

(Prior code § 1-3-3)

1.12.040 Minutes of council meetings.

The minutes of all meetings of the council, except executive sessions, shall be kept by the municipal clerk-treasurer and shall be recorded in a book designated as "The Minutes of City Council of Travelers Rest." The minutes shall be a public record and open to inspection during normal office hours in the office of the clerk-treasurer.

(Prior code § 1-3-4)

1.12.050 Presiding officer.*

The mayor shall be the presiding officer of council. In the absence of the mayor, the mayor pro tempore shall preside, and in the absence of the mayor and mayor pro tempore, council shall proceed to elect, if a quorum is found to be present, by a majority vote of those present, a chairperson of the meeting to preside until the mayor or mayor pro tempore appears.

(Prior code § 1-3-5)

*  For provisions regarding mayor pro tempore, see Section 1.08.070 of this code.

1.12.060 Quorum.

The clerk-treasurer shall call the roll at the hour that the meeting shall have convened and, if immediately thereafter, a quorum is present, the mayor shall call the council to order and business may proceed. If a quorum is not present, the mayor may reschedule the meeting or send for the absent members. All questions concerning the absence of such members and possible actions to be taken against them shall not be determined until a quorum is present.

(Prior code § 1-3-6)

1.12.070 Order of proceedings of council.

(a)

At all regular meetings of council the order of consideration of items shall proceed in the following order:

(1)

Call to order;

(2)

Invocation;

(3)

Approval of the minutes of previous meeting(s);

(4)

Citizen participation;

(5)

Ordinances for second reading;

(6)

Committee reports;

(7)

Resolutions and ordinances for first reading;

(8)

Old business;

(9)

New business;

(10)

Miscellaneous matters;

(11)

Adjournment.

(b)

Citizen participation may be moved at the discretion of the presiding officer to follow subsection (a)(3) of this section, approval of the minutes of the previous meeting, depending on the circumstances of the citizens participation. Committee reports introducing ordinances at first reading or addressing an ordinance for second reading may be made immediately preceding the reading of the ordinance.

(Ord. O-04-04 § 1, 2004; Ord. O-08-00 § 1, 2000: Ord. 10-90 § 1, 1990: prior code § 1-3-7)

1.12.080 Addressing the council—Debate limitations.

Every member of the council when asked to speak, shall address the presiding officer as "Mr. Mayor" or "Mr. Chairperson" as the case may be, and in speaking, shall avoid all disrespect to the council and all personalities, and shall confine his remarks to the subject under consideration. No member shall speak more than twice on the same question or occupy more than five minutes in making any remarks or address without leave of the council.

(Prior code § 1-3-8)

1.12.090 Calling members of council to order.

If any member of council, while speaking or otherwise, transgresses the rules of council or parliamentary laws as practiced or recognized by the most approved authority, the presiding officer shall, or any member of the council may, call him to order. If the member is called to order while speaking, unless he is allowed by the chair to proceed upon explanation, he shall immediately take his seat until the question of order is decided. The member shall not be permitted to continue speaking unless the decision is in his favor or unless the leave of council is unanimously granted. The council member shall also be subject to any other proceedings as the council may require.

(Prior code § 1-3-9)

1.12.100 Recognition of speaker.

The presiding officer, when addressed by a member who raises a hand, shall name the member, using no title but that of "Mr." or "Madam." If several members raise their hands about the same time, the presiding officer shall decide who shall speak first.

(Ord. 09-90 § 2, 1990)

1.12.110 Voting—Members required to vote.

Except in elections, the voting by council shall be done by acclamation, unless a member demands that the vote be taken by yeas and nays. If such a demand is made, when the question has been stated, the roll shall be called and recorded in the minutes by the clerk-treasurer, and after the first response has been made to the call, all debate shall cease and no member shall say more than "yea" or "nay." No attempt by a member to refrain from voting either for or against a proposal shall be valid, and any vote such as "abstain," "present," or any other phrase designating a position other than "yea" or "nay" shall be recorded as a "yea" vote unless such abstention is required or permitted by this code or state law.

(Ord. 07-90 §§ 1, 2, 1990; prior code § 1-3-11)

1.12.120 Explanation of vote.

Any member of the council may, if he desires, have time in which to explain his vote if permitted by a majority of the council. He may be allowed not more than five minutes in which to do so and shall have his explanation entered in the minutes.

(Prior code § 1-3-12)

1.12.130 Voting procedures in council election.

The voting in all council elections shall be done by ballot and shall be counted by the clerk-treasurer and a member of council appointed for that purpose.

(Prior code § 1-3-13)

1.12.140 Interested member not to vote.

Neither the mayor nor any other member of council shall vote on any question in which he is personally or pecuniarily interested.

(Prior code § 1-3-14)

1.12.150 Debate on motions—Mover's privilege to withdraw.

No motion shall be debated until introduced and seconded, and, when required, shall be reduced to writing. The mover may consent to an amendment or withdraw any proposition or question before amendment or decision.

(Prior code § 1-3-15)

1.12.160 Renewal of voted down motions.

When a motion has been made and voted down (except motions to adjourn, which are always in order), it shall not be renewed at the same meeting; provided, that a renewal can be accomplished if a motion to reconsider is made by a member previously voting with the majority and the motion is carried by the council.

(Prior code § 1-3-16)

1.12.170 Nondebatable motions.

The following motions shall be put without debate:

(1)

Adjourn;

(2)

Take a recess;

(3)

Continue;

(4)

Lay on the table;

(5)

Take up any matters in the orders of the day not regularly reached;

(6)

Proceed to the orders of the day;

(7)

Discharge, lay aside for the day, depart from, or suspend the orders;

(8)

Postpone indefinitely, or to the next meeting; and

(9)

Adjourn a debate.

(Prior code § 1-3-17)

1.12.180 Limitation on number of amendments to motions, etc.

All motions, resolutions and ordinances shall be open to as many as three amendments and no more.

(Prior code § 1-3-18)

1.12.190 Procedure as to amendments.

In all cases where an amendment is offered, the question shall be put first, "Should the amendment be accepted?" and if so accepted, the vote shall be taken upon the motion, resolution or ordinance as amended. If the amendment is lost, then the original motion, resolution or ordinance shall be put upon its passage.

(Prior code § 1-3-19)

1.12.200 Previous question.

The previous question shall have precedence over all other motions, except a motion to adjourn or a motion to lay on the table, and shall, if sustained, preclude all debate and all amendments, and the same shall be put in this form: "Shall the main question be now put?"

(Prior code § 1-3-20)

1.12.210 Division of question.

Any council member may call for a division of the question when it will admit a division.

(Prior code § 1-3-21)

1.12.220 Motion for reconsideration of question.

Any council member, having voted with the majority on any question, may move for a reconsideration of the question at that meeting or at the succeeding meeting of the council, but not afterwards.

(Prior code § 1-3-22)

1.12.230 Protests may be entered in minutes.

The mayor or any other member of the council shall have the right to have his protest against the passage of any measure entered in the minutes if such protest is in respectful language, of which council shall judge.

(Prior code § 1-3-23)

1.12.240 Riders.

No measure shall be introduced as a rider.

(Prior code § 1-3-24)

1.12.250 Rules of the house to govern.

In all particulars not herein specified, Robert's Rules of Order shall govern the council, insofar as they are applicable.

(Prior code § 1-3-25)

1.12.260 Rescission of standing order.

No standing order shall be rescinded without one day's notice thereof being given in writing.

(Prior code § 1-3-26)

1.12.270 Mayor may call council member to chair—Speaking from chair.

The mayor may call a council member to the chair at any meeting. Except on questions of order, the mayor shall not address the council upon any subject from the chair.

(Prior code § 1-3-27)

1.12.280 Unlawful to disturb council meetings.

It is unlawful for any person to annoy, disturb, or interfere with any session or meeting of the mayor and council assembled, by any means or any manner, or to use profane, obscene or disrespectful language, gestures or signs to or in the presence of the council, or to commit any offense which is deemed a contempt by the laws of this state.

(Prior code § 1-3-28)

1.12.290 Citizen participation.

Subject to approval by a majority of council members present at any meeting, any citizen or member of the public may appear and be heard at a meeting of council, provided such person complies with the provisions contained in this section. Any person wanting to be heard must submit a written request twenty-four hours in advance of a council meeting. The clerk shall record the names of such persons for the benefit of the presiding officer and all members of council. No person having made such a request will be permitted to speak for a period in excess of five minutes. For good cause, council may waive the requirement that a citizen or member of the public submit a written request at least twenty-four hours in advance of its meeting; however, if such requirement is waived, the combined amount of time for all speakers who have failed to provide such advance notice shall not exceed thirty minutes.

(Ord. 10-90 § 2, 1990)