Village of Newburgh Heights Rules of Council
Rule 001 DEFINITIONS
The following are terms used frequently within this handbook, parliamentary procedure, and the legislative process. It is by no means complete, it is to assist your understanding of the process and prevent misunderstandings.
Accept, Adopt, and Approve: Applied to reports and motions agreed upon – not to be confused with “received.”
Adjourn: To end the meeting.
Agenda: The list of items to be covered at a meeting.
Business: Motion, resolution, subject, the proceedings; the agenda.
Bylaws: Code of rules or regulations accepted by a body for its own guidance.
Chair or Chairperson: The presiding officer of a meeting or committee.
Clerk: the ‘Clerk of Council’ or ‘Village Clerk’.
Commit: Refer to a committee.
Council: used within Rules of Council (ROC) with the same meaning as the statutory Council. Council members may be elected or appointed. The legislative power of each village shall be vested in, and exercised by, a legislative authority, composed of five members, who shall be elected by the electors of the village at large (ORC 731.09 D), for terms of four years. (ORC 731.091 (B) (2)).
Elector: A person who is legally able to vote
Ex-officio: By virtue of official position, usually of boards and committees. Does not mean non-voting member, often means honorary.
Floor, Obtain the: When the chair recognizes a member, he/she has the “floor.”
Floor, On the: A motion is on the floor when the Council is considering it.
General Consent: Unanimous, silent, used in routine matters, if there is no objection, avoids a formal vote.
Good and Welfare: After the normal business, if there is time, general discussion, constructive criticism, and informal suggestions.
Legislative Authority: used within Rules of Council (ROC) as the same meaning as the statutory council body, which may be appointed or elected. The legislative power of each village shall be vested in, and exercised by, a legislative authority, composed of five members, who shall be elected by the electors of the village at large, for terms of four years. (ORC 731.091 B 2)
Meeting: Any prearranged discussion of the public business of the Municipal Body, a majority of the members of the Municipal Body.
Minutes: The official record of proceedings at the meeting.
Motion, Main: The motion that introduces the business or a proposal to the body for action. The use of motion is ordinarily in the parliamentary procedures to expedite and control the deliberations of the Council in the transition of the business.
Municipal Body: A Municipal Body means each of the following; Council, Boards, Commissions, Committees, Special boards, commissions, and committees.
Must: in statutes and within the ROC, be ordered, be directed.
OAC – Ohio Administrative Code, statutes of the State of Ohio
ORC – Ohio Revised Code, statutes of the State of Ohio.
OML– Ohio Municipal League
Order of Business: Same as agenda – the schedule of business to be considered.
Ordinance: a formal written enactment of the Council…intended to be of permanent duration.
Parliamentary Law: Accepted rules of deliberative bodies, mostly derived from the usage of the English Parliament and later from the United States Congress.
Point of Order: A question concerning a breach of parliamentary rules.
Post or Posting: To post the agenda for a meeting in an area accessible to the public during usual business hours at the Municipal Center.
Postpone Indefinitely: Motions to suppress, eliminate, or “kill” the main motion.
Previous Question: A call to close debates and take the vote.
Pro Tempore (Pro Tem): For the time being, temporary.
Quorum: A specified number of members required holding a legal meeting.
Recess: A motion used to halt the proceedings temporarily must return at a specified, stated time.
Resolutions: A resolution is the formal written enactment of a LESS permanent nature, not prescribing any permanent rules of conduct; usually required or applied to the preliminary declaration of legislative intent to be effectuated by the subsequent passage of an ordinance; or for the disposition of a specific matter not required by statute or charter provision to be done by ordinance. (OML 2009 Handbook)
Rules of Council (ROC): Council’s own rules of procedure. Rules of Council may supplement but not be in conflict with the Ohio Revised Code. Council’s power to establish its own rules and to determine the qualifications of its members cannot be usurped by the mayor.
Suspension of Rules: Council may suspend the rules requiring readings of ordinances and resolutions on three different days, by a three-fourth (3/4) vote, (4 votes), of all council members (the body as a whole regardless of the number of members in attendance). The vote must be taken by yeas and nays on each ordinance or resolution, entered in the minutes. (ORC 731.17)
Table a Motion: To put aside the pending question temporarily.
Table, Take from: A motion used to restore a question for consideration again.
Sunshine Law: Open Meetings Act and Public Records Act of the State of Ohio, (ORC 109.43) which prescribe transparency at public meetings. The Sunshine statutes require meetings to have notice, recording of minutes, and openness for the public, although do not require public participation. (View details in pdf format online)
Verbal Notification: Refers to notification given verbally either in person or by telephone, directly to the person for whom such notification is intended, or by leaving a verbal message for such person at the address, or at the telephone number, of such person shown on the records kept by the Clerk under these rules.
Voting Majority: Three members of the Council (Council) shall constitute a majority for the normal transaction of business at a council meeting. Two members constitute a majority for any committee.
Voting: When requires a three-fourths (3/4) of all the council members. That is four (4) votes. (ORC 731.17(2)). When requires a two-thirds (2/3) of all the council members. That is four (4) votes.
Written Notification: Means notification in writing mailed, faxed, or electronic means delivered to the address of business, or delivered to the address of the person whom such notification is intended as shown on the records kept by the Clerk under these rules or in any way delivered to such person.
RULE 002 SUNSHINE LAW
Sunshine Law: Open Meeting Act and Public Records Act of the State of Ohio, which prescribe transparency at public meetings. The Sunshine statutes require meetings to have notice, recording of minutes, and openness for the public, although do not required public participation. The statutes are found at ORC 149.
Council members and elected officials, or their designees, are required to be trained in understanding and applying the Sunshine Laws during their term in office. To order your copy of the Sunshine Laws Handbook and/or register for your training, online at: ohioattorneygeneral.gov/Legal/Sunshine-Laws. Council may designate the Fiscal Officer as the designee for council members.
Rule 003 OHIO ETHICS LAW
As an elected official, it is good practice to become familiar with the Ohio Ethics statutes that govern the village elected officials.
The Ohio Ethics Commission promotes ethics in public service to strengthen the public’s confidence that Government business is conducted with impartiality and integrity.
The Commission has jurisdiction over Ohio’s public officials and employees at the state and local levels of government, except legislators, judges, and their staffs.
The Ohio Ethics Law is covered in section 102 of the Ohio Revised Code (ORC).
The Village of Newburgh Heights Personnel Policy Manual contains a full copy of the current Ohio Ethics Law. Should you wish more information, training or additional materials on the Ohio Ethics Law, please contact:
OHIO ETHICS COMMISSION
8 East Long Street, 10th Floor Columbus, Ohio 43215-2940
Phone: (614) 466-7090
Fax: (614) 466-8368
Rule 005 INTRODUCTION
The Village of Newburgh Heights is a non-chartered statutory municipality. The State of Ohio statutes governing Villages are found at ORC Title VII, Municipal Corporations. Other statutes in the ORC and OAC may also apply.
The village statutory form of government provided for under the general laws of the state may be classified as a combination of the weak mayor and strong council forms of government. Executive authority is divided among an elected mayor, and appointed Fiscal Officer. In addition, the council may provide by ordinance for other departments or offices, which are authorized by law.(OML 2009)
Powers of Council
The legislative power of each village shall be vested in, and exercised by, a Council, composed of five members, who shall be elected by the electors of the village at large, for terms of four years, (ORC 731.09). Vacancies are filled according to ROC Rule 052.
The Council of a village shall fix the compensation and bonds of all officers, clerks, and employees of the village except as otherwise provided by law. The Council shall, in the case of elective officers, fix their compensation for the ensuing term of office at a meeting held not later than five days prior to the last day fixed by law for filing as a candidate for such office. (ORC 731.13)
State of Ohio Statutes regarding Villages may be located online from codes.ohio.gov; click on Ohio Revised Code, Title VII, Municipal Corporations.
Rule 010 ORGANIZATION
The Council shall hold a council meeting prior to the third Tuesday of January for the purpose of organizing. At such meeting, the newly elected/appointed members of Council shall take the oath of office, if they have not already done so, and the Council may transact such other business as may come before it.
Composition of Council
The legislature of the Village is composed of five members elected at-large for non-staggered terms of four years. (ORC 731.091)
The Mayor shall be the President of the Council and shall preside at all regular and special meetings thereof, but shall have no vote except in case of a tie. (ORC 733.24)
Rule 015 ABOUT RULES OF COUNCIL
General Rules –
Council shall determine its own rules of procedure; all legislative power of the Municipality shall be vested in the Council… (ORC 731.45)
The rules of a statutory municipal council do not have to be adopted by ordinance or resolution, but may be adopted on motion. (1964 O.A.G. NO. 898).
If council chooses to adopt rules by motion, then it must amend them by motion. The rules do not continue from term to term but must be re-adopted by succeeding council.
Rules of Council may supplement but not be in conflict with the Ohio Revised Code.
Council’s power to establish its own rules and to determine the qualifications of its members cannot be usurped by the mayor.
Procedure In Absence of Council Rule
The rules of parliamentary practice comprised in the latest published edition of “Robert’s Rules of Order Newly Revised” shall govern the council in all cases to which they are applicable and in which they are not inconsistent with the rules of this Council. (A copy of Robert’s Rules is in Council Office.)
Amending Rules of Council
Rules of Council may be amended, altered, or new rules adopted annually or at any time deemed necessary for the orderly conduct of village business. The President Pro Tempore will notify all council members in September of a Rules of Council review. Council members will provide, in writing, any changes or additions to Rules of Council. See Rule 055 – Council Committees, Section; Standards/Policy/Rules of Council for procedure.
Council shall vote on the Rules of Council at the first meeting in January of each year.
Vote shall be done by Motion or Legislation and will require a majority vote for acceptance.
If any section of Council Rules is found to be invalid, pursuant to ORC 731.45, they shall be reformulated in order to correct any deficiencies. Upon such discovery, Council shall commence, beginning at the next regularly scheduled council meeting subsequent to the time of any such discovery, to reapportion such rules in order to achieve conformance with the law, the remainder of this handbook and amendments thereto shall not be affected and shall remain in full force and effect.
Rule 020 MEETINGS
Meetings may be held at such time and place as is prescribed by ordinance and must, at all times be open to the public. (ORC 731.46)
Meetings of Council shall be held at the Newburgh Heights Municipal building, unless otherwise stated, on the first and third Tuesday of each month at 7:30 p.m. There will be no Council meeting during the month of August or the first Tuesday of July.
Special Meetings may be called by an affirmative vote of at least three members of Council taken at any regular council meeting; called by the Mayor; or any two members of Council upon at least twenty-four hours’ notice to each member, served personally or electronically, left at his usual place of residence, or left in the councilmember’s mailbox. (ORC 731.46 & 121.22)
Emergency meeting is a special meeting that is convened because a situation needs immediate official action. For this type of meeting, the public body must notify all media outlets that have requested such notification as well as such people who have specifically requested such notice, of the time, place and purpose of the emergency meeting. The Agenda must be specific to only the emergency item(s) to be covered. (B (1) (c ) Open Meeting Act p.94 Sunshine Law 2009 Manual.
Executive Session is a private session of council. The Open Meetings Act, (OMA) ORC 121.22, permits executive sessions only after a majority of a quorum of the public body determines by a roll call vote, at a regular or special meeting, to hold such session. The PURPOSE, which must be stated in the vote, must be only for certain special matters as permitted by Ohio law.
Attendance at an executive session shall consist of the Mayor and members of Council. The Mayor and Council may invite such persons as may be required for advice and information. All parties shall remain until the conclusion of the executive session or until excused. (See Rule 002 and the Sunshine Law for detail.)
There must be a council or committee meeting scheduled because Executive Session may only be conducted within a meeting.
A Special Council Meeting may be called prior to the scheduled Regular to hold an Executive Session, recess, and then reconvene at 7:30 p.m. the Council Meeting.
Posting of Meetings
- All meeting agendas must be posted: Committee, Regular, Special, or Emergency. Posting notifies the public of an upcoming meeting and the business at hand.
- The Mayor is responsible for posting the Regular meetings.
- One of the three officials calling a Special or Emergency Meeting assumes responsibility for posting the agenda.
- The Committee Chair is responsible for posting Committee meeting agendas.
- Posting of agendas must be at one conspicuous place in the Municipality frequented by the public: currently post at; Municipal Building.
- Posting must be a minimum of twenty-four hours prior to the start of the meeting.
- The Posting Notices shall contain
- the time and date of the meeting
- location of the meeting
- all matters to be considered (If a Special or Emergency meeting).
- No other matters may be considered after notice is given, if Special or Emergency Meeting.
- If Special or Emergency – agenda shall indicate the name of the sponsors(s) and description of any ordinance or resolution, which will be presented to Council, when feasible.
Failure to notify the public by one of the aforementioned means shall not void the actions taken by Council at the special meeting but some actions may be voided. The Clerk of Council shall notify all news media that have requested such notification in writing of regular and special council meetings.
Rule 030 DUTIES OF MAYOR
Village Mayor – Administration Powers and Duties
The executive power of villages shall be vested in a mayor, clerk, treasurer, marshal, street commissioner, and such other officers and departments thereof as are created by law. (ORC 733.23).
The mayor is the chief executive of the village. The mayor supervises the administration of
the village and presides at council meetings. The mayor may appoint various village officials, (ORC 733.24), with approval of council.
The mayor of a village shall be elected for a term of four years, commencing on the first day of January next after his election. Such mayor shall be the chief conservator of the peace therein and shall have the powers and duties provided by law. He shall be the president of the Council and shall preside at all regular and special meetings thereof, but shall have no vote except in case of a tie. (ORC 733.24)
The mayor shall perform all the duties prescribed by the bylaws and ordinances of the municipal corporation. He shall see that all ordinances, bylaws, and resolutions of the Council are faithfully obeyed and enforced. He shall sign all commissions, licenses, and permits granted by such Council, or authorized by Title VII  of the Revised Code, and such other instruments as by law or ordinances require his certificate. (ORC 733.30)
The mayor shall supervise the conduct of all the officers of the municipal corporation, inquire into and examine the grounds of all reasonable complaints against any of such officers, and cause their violations or neglect of duty to be promptly punished or reported to the proper authority for correction. (ORC 733.34)
The mayor of a municipal corporation shall have general supervision over each department and the officers provided for in Title VII  of the Revised Code and further powers as provided in ORC 733.35.
The Mayor shall submit the estimates in the manner provided in section 705.17 of the Revised Code for the annual tax ordinance. An annual appropriation ordinance shall be prepared by the Council of the Village from estimates submitted by the mayor.
The Mayor shall submit the annual appropriation ordinance to Council at its first meeting in January. The total of any appropriation ordinance passed by such Council shall not exceed the total balances carried over from the previous year, plus the estimated revenue of the current year.
Supplemental appropriations shall not be made during the current year except from a contingent fund regularly set aside by the legislative authority in the annual appropriation ordinance or unless by an ordinance passed as an emergency measure. (ORC 705.18)
The mayor shall deliver to council, the budget so the tax budget and appropriations ordinances can be prepared in a timely manner. The dates of which will be provided each year. To assist in the preparation of the tax budget, the head of each department, board, commission, and district authority entitled to participate in any appropriation or revenue of the village shall file with the mayor, before the forty-fifth day prior to the date on which the tax budget must be adopted, an estimate of contemplated revenues and expenditures for the ensuing year, in such form as is prescribed by the village council or by the Auditor of State. (Ohio Revised Code Section 5705.28(C)(1))
The Council prescribes the form to include all contemplated income and expenses for each department.
Annual State of the Village
At the third Tuesday regular meeting in January of each year, and at such other times as the mayor deems expedient, s/he shall report to the Council concerning the affairs of the Village, and recommend such measures as seem proper. (ORC 733.41)
Vacancy in office of Mayor
When the mayor is absent from the village, or is unable for any cause to perform his duties, the president pro tempore of Council shall be acting mayor. In case of the death, resignation, or removal of the mayor, such president pro tempore shall become the mayor and shall hold the office until a successor is elected and qualified. Such successor shall be elected to the office for the unexpired term, at the first regular municipal election that occurs more than forty days after the vacancy has occurred; except that when the unexpired term ends within one year immediately following the date of such election, an election to fill such unexpired term shall not be held and the president of the Council of the Village shall hold the office for such unexpired term. (ORC 733.25)
The Mayor presides over the Mayor’s court as per ORC 1905. The Mayor must keep his certifications and trainings current or council will engage a magistrate to fulfill the duties of Mayor’s court in accordance with ORC guidelines. If for some reasons the Mayor is unable to perform the duties as required, the Mayor must request Council to approve a temporary qualified magistrate. Per 1905.05 the Mayor may appoint a magistrate. Newburgh Heights appoints magistrates to hear cases currently.
RULE 035 COUNCIL PRESIDENT (MAYOR) DUTIES.
By statute, the President of Council (Mayor) is required to preside over regular council, but shall have no vote therein except in case of a tie. (ORC 733.09; ORC 733.24)
By tradition, President of Council (Mayor) has the following duties:
- To set the agenda for the Regular meeting of the council.
- To open the session at the time at which the body is to meet, by taking the chair and calling the members to order.
- To announce the business before the body in the order in which it is to be acted upon.
- To keep order and if necessary, restrain members who, when engaged in debate, do not confine themselves to the issue under consideration, to decide questions of order.
- To entertain only one main motion or resolution at a time and to permit no debate on the issue until it has been properly seconded and announced.
- To recognize each member’s right to speak on an issue and assign the floor to those persons entitled to it. (No member may speak twice on the same question if there are others who wish to speak.)
- To be absolutely fair and impartial while president.
- To extend every courtesy to the opponents of an issue even though the issue is one that the presiding officer favors.
- To vote “yes or no” except when the vote presents a conflict of interest/ethical concern on any issue being considered by Council in which case an abstention would be allowed, and only if there is a tie vote.
- To perform such other duties as are prescribed in the local rules of procedures adopted by Council.
The President of Council (Mayor), or in his absence, the President of Council Pro Tempore, shall take the Chair at the hour appointed for Council to meet, and immediately shall call the Council to order. The Clerk, who shall enter in the Journal of each meeting the names of members present, shall then call the roll. In the absence of a quorum at the time appointed for a meeting, the members present may by a majority vote, take a recess or recesses and cause the Clerk to produce the attendance of absent members.
RULE 040 PRESIDENT OF COUNCIL PRO TEMPORE DUTIES
At the first meeting in January of each year, the Council shall immediately proceed to elect a president pro tempore from its own number, who shall serve until the first meeting in January next after his/her election.
The President of Council Pro Tempore shall become the Acting Mayor and shall perform the legislative, judicial, and administrative duties of the Mayor in the event of the absence or disability of the Mayor and during the period of any unfilled vacancy in the office of Mayor. The President of Council Pro Tempore, when serving as the Acting Mayor, shall continue to hold the office of Council member and shall vote on any matter before the Council. (ORC 731.10)
When the president pro tempore of Council becomes the mayor, the vacancy thus created shall be filled as provided in Section 731.43 of the Revised Code, and the Council shall elect another president pro tempore from its own number, who shall have the same rights, powers, and duties as his predecessor. (ORC 731.11)
The President of Council Pro Tempore may be removed, without cause, from office at any time by a vote of a majority of the other members of Council voting on the issue, however, at least three votes for removal (including the vote of the mayor in the case of a tie vote) must be cast to remove the President of Council Pro Tempore.
In the event of the absence of the President of Council (Mayor) and the President of Council Pro Tempore, the Clerk shall call the Council to order. The Clerk shall call the roll, and if a quorum is found present, the Council shall proceed to elect by a majority vote a Temporary Chairman of the meeting until the appearance of the President of Council (Mayor) or President of Council Pro Tempore.
The Chair, i.e., President of Council (Mayor) or President of Council Pro Tempore, may call any other Member to take his/her place in the Chair; such substitution not to continue beyond adjournment.
Appeals from Decisions of the President of Council
The President of Council (Mayor) shall preserve decorum and decide all questions of order, subject to appeal to Council. If any member transgresses the Council Rules, the President of Council (Mayor) shall, or any member may, call him /her to order and in the later instance the President of Council (Mayor) shall render a decision as to the point of order. In case of an appeal from a ruling of the President of Council (Mayor), the question shall be “Shall the decision of the President of Council (Mayor) stand as the decision of Council?” The President of Council (Mayor) shall be sustained unless overruled by a majority of the Members of Council present.
Power to Vote
The President of Council (Mayor) shall have no veto power, and shall have no vote except in the event of a tie vote of Members of Council present, in which case the President of Council (Mayor) shall have the power to vote and his votes shall have the same legal effect as a vote of a Member of Council. Any Member of Council who is serving as Chairman shall have the same power to vote as other Members.
RULE 050 COUNCIL DUTIES
Members of Village Council, term of office.
The legislative power of each village shall be vested in, and exercised by, Council composed of five members, who shall be elected by the electors of the village at large, for terms of four years, with such terms to be unstaggered. (ORC 731.091).
Powers of Council – see Rule 005.
Members of the legislative authority at large shall have resided in the Village, for at least one year immediately preceding their election. Each member of the Council shall be an elector of the Village, shall not hold any other public office, except that of notary public or member of the state militia, and shall not be interested in any contract with the Village, and no such member may hold employment with said Village. Members may not be in conflict with the federal Hatch Act.
A member who ceases to possess any of such qualifications, or removes from the member’s ward, if elected from a ward, or from the city, if elected from the city at large, shall forthwith forfeit the member’s office. (ORC 731.12)
A council seat of a member may be declared vacant when the member has been absent from meetings for three consecutive meetings without a valid excuse or after ten consecutive meetings regardless of excuse deemed valid by a majority of council. Such action requires the affirmative vote of two-thirds of the members of council. Under this procedure, the accused member of council must be given notice and an opportunity to answer charges, which are brought against the member.
The majority of all the members constituting the village council, and not merely a majority of the quorum, is required to transact all business coming before council in regular or special meetings. An affirmative vote by a majority of the five-member council is required for the passage of ordinances, resolutions and motions regardless of the number in attendance.(ORC 731.17) (A)(4)
Employer Mandated Travel
In the course of one’s employment, it is recognized that from time to time occasions may arise when travel may be required. Such travel shall be permitted upon proper advance notice being presented to Council regarding the need to be absent. This period shall not exceed thirty calendar days without official company documents being presented and a vote of authorization by Council.
Council recognizes that many of its members, who are gainfully employed, need and expect a vacation each year. Council, without reprisal for a period of thirty days or two contiguous council meetings shall condone vacations. Council could allow more time contingent upon vote.
The Council has the inherent right to make and enforce its own rules and to ensure compliance with those laws generally, applicable to public bodies. Should any council member act in any manner constituting a substantial violation of Rules of Council or other general laws, the Council, acting as a whole, may discipline that Council member to the extent provided by law, including public reprimand.
To exercise such inherent right, the Council has the right to investigate the actions of any member of the Council. Such investigation shall be referred to the Committee of the Whole upon a finding that a reasonable ground exists that a violation has occurred.
The Committee of the Whole shall investigate the actions in Executive Session. Neither the Committee of the Whole nor the Council nor any member shall have the right to make public any information through such investigation.
Any member accused of a violation of the Rules of Council or any other general law has the right to present a defense to the allegations, including the right to present evidence, and to have representation by Council. Upon finding, by a moral certainty, that violation has occurred and that such violation affects the Council member’s ability to represent the interests of the Village of Newburgh Heights as a whole, the Council may, upon majority vote of the remaining members of council subject the council member to censure proceedings.
Expulsion & Punishment of Council Members
Council may punish or expel any member for disorderly conduct or violation of its rules, and declare the seat vacant for absence without valid excuse, where such absence has continued for three consecutive meetings. No expulsion shall take place without the concurrence of two thirds of all the members elected, and until the delinquent member has been notified of the charge against him and has had an opportunity to be heard. (ORC 731.45)
Hearing of charges; action of Council
Charges filed with Council under section 733.35 of the ORC, shall be heard at the next regular meeting thereof, unless Council extends the time for the hearing, which shall be done only on the application of the accused. The accused may appear in person and by counsel, examine all witnesses, and answer all charges against him. The judgment or action of the legislative authority shall be final, but to remove such officer the votes of two thirds of all Council Members thereto shall be required. (ORC 733.36)
Suspension of Accused Pending Hearing
Pending any proceedings under sections 733.35 and 733.36 of the ORC, an accused person may be suspended by a majority vote of all Council Members to the Council of the municipal corporation, but such suspension shall not be for a longer period than fifteen days, unless the hearing of such charges is extended upon the application of the accused, in which event the suspension shall not exceed thirty days. (ORC 733.37)
Power of Legislative Authority as to Process
For the purpose of investigating charges filed pursuant to section 733.35 of the ORC against the head of any department or officer, the legislative authority of a municipal corporation may issue subpoenas or compulsory process to compel the attendance of persons and the production of books and papers before it, and such legislative authority may provide by ordinance for exercising and enforcing this section. (ORC 733.38)
RULE 052 COUNCIL VACANCIES
Vacancies, Forfeiture of Office and Filling Vacancies of office
The office of a Council member shall become vacant upon the Council member’s death, resignation, and removal from office in any manner authorized by these Rules or Ohio law, or forfeiture of office.
Forfeiture of Office
- If it is so determined by an affirmative vote of a least four Council members, a Council member shall forfeit office if said Council member:
- Lacks at any time during a term of office, any qualifications for the office prescribed by the Rules of Council;
- Intentionally violates any express prohibition of the Rules of Council;
- Is found to have been a party to a crime involving moral turpitude or any felony, or guilty of misfeasance, malfeasance, or nonfeasance in the performance of the official duties of a Council members;
- Fails to attend ten (10) consecutive regular meetings of Council without being excused, refer to Rule 050 Council Duties & Responsibilities, Section Regular Attendance.
On questions of disability involving the Mayor or other Council members, the decision as to actuality of the time of, and duration of the disability, for purpose of declaring a vacancy, shall be determined by an affirmative vote of at least three members of Council.
Filling of Vacancies in office of Council member
Vacancies in the office of Council member shall be filled within thirty days by an affirmative vote of the remaining members of Council (ORC 733.25). If the Council fails to do so within thirty days following the occurrence of the vacancy, the power of council to fill the vacancy shall lapse and the Mayor shall fill the vacancy by appointment immediately following the expiration of the said thirty days. The person so appointed shall serve until the next regular general election. If the vacancy occurs because of succession by the president pro tempore to the office of mayor, then the successor will hold office only for the period the president pro tempore of the council holds the office of mayor. (ORC 731.43(A)).
Vacancy when President Pro Tempore Becomes Mayor
When the President Pro Tempore of the Council becomes the mayor, the vacancy thus created shall be filled as provided in ORC 741.43, and the Council shall elect another President Pro Tempore from its own number, who shall have the same rights, power, and duties as his predecessor (ORC 731.11).
Censure of Members; Expulsion of Members
Any member acting or appearing in a lewd or disgraceful manner, or who use opprobrious, obscene or insulting language to or about any member of the Council, or who does not obey the order of the Chair shall be, on motion, censured by a majority of the members present, or expelled by two-thirds (2/3) of all members of the Council.
Attendance, Excused Absences
Council members shall forfeit his/her office by failing to attend three consecutive regularly scheduled meetings of the Council without being excused by the Council. Members of the Council may be so excused by complying with this section. The members shall memo, telephone, or electronically contact the Mayor or any council members before the meeting, stating the reason for his/her inability to attend the meeting.
Following roll call, the Presiding Officer shall inform the Council of the member’s absence, state the reason for such absence. Motion to excuse the member shall be made in the “Good & Welfare” portion of the meeting. This motion shall be non-debatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused. The Clerk will make an appropriate notation in the minutes.
Penalty for Unexcused Absences
Should any Council member fail to notify the body of their absence, the Council, may motion shall direct the Clerk/Treasurer to deduct two percent (2%) from the council member’s next monthly check. O.R.C. Section 705.13.
RULE 055 COUNCIL COMMITTEES
Immediately after the organization of council, at the first council meeting of the year, in January, Council President Pro Tempore and Council shall choose from the Council membership, members to serve on each of the standing committees. Such selection must be approved by a majority vote of Council. (OML 2009 Sec.32B.21)
Meetings of all committees of Council shall be public meetings and whenever possible shall be held in public buildings, however, each committee by a majority of its voting members may elect to hold meetings wherever it deems necessary to properly further its assigned purposes.
The Committee Chairman shall:
- Be the first named on each committee and the second named shall be the vice-chairperson.
- Assign each new piece of legislation, which is to be considered by a committee, to members of the committee who shall be the “sponsor” of the legislation. The sponsor shall present an overview of the proposed legislation at the first reading.
- Be responsible for the delivery, not less than two days before the next scheduled meeting, of the agenda to all elected council members and members of the administration.
- Provide copies of whatever supporting material are available, that is appropriate to the discussion of items on the agenda. If supporting material is unchanged between meetings it need be provided only upon its first availability. Whenever possible, supporting material shall be delivered with the agenda.
- Be responsible for maintaining an up-to-date status of all legislation directed to the committee until legislation has received final approval or disapproval of Council or declared null and void.
- Maintain the status of legislation by inclusion of all active legislation as agenda discussion items for every committee meeting without exception. Should a piece of legislation become inactive whether tabled, held in committee or withdrawn by an applicant, such information will be noted on the committee agenda following the discussion items including the reason for inactivity.
- When having been directed by the presiding officer of Council to conduct a study or survey, assure that the subject matter is continued on the agenda as an active discussion item until the committee report or resultant proposed legislation has been presented to council.
- Prepare committee-meeting minutes and assure their delivery to all elected office holders and administration.
- Minutes from all committee meetings will be placed in the council members’ mailbox by 5:00 p.m. Friday prior to the next scheduled regular Council meeting.
A majority shall agree upon reports of Committees thereof. All documents referred shall be returned to Council with the report of the Committee. Upon motion, and by a majority vote, Council may relieve a Committee of further consideration of any question, and order it placed on the calendar. When any matter is referred to a Committee with instructions to report at a time named in the order of reference, failure to report at such time shall be considered as if reported back with recommendation, unless Council extends the time for report. If no such extension is granted the Committee shall forthwith return to the Fiscal Officer the documents pertaining thereto, and the matter shall take its appropriate place on the calendar.
Open Committee Meetings
Meetings of all committees of Council shall be public meetings and whenever possible shall be held in public buildings, however, each committee by a majority of its voting members may elect to hold meetings wherever it deems necessary to properly further its assigned purpose.
All committee meetings and/or special committee meetings will be called by the Chairman of such committee, or by two voting members giving notice of the date, time, and place to all members of the committee, Mayor, Council members, and Fiscal Officer. They shall post their meeting at the required location.
Any member of Council shall have the right to sit with any committee, present information, take part in any discussion and question witnesses; however, members of Council shall have a vote only when regularly assigned to such committee.
Each committee may adopt its own rules of order; however, in the absence of such rules, the parliamentary procedure set forth in Robert’s Rules of Order, newly revised, shall prevail.
Standing Council Committees
Council shall have the following committees with the responsibilities as shown, by a majority vote of Council. The first named on each committee shall be the chairperson, the second named shall be the vice-chairperson.
Committees. The committee, if desired, may appoint a citizen as may be necessary, however, no citizen advisory members shall vote on the recommendations of the committee, but, may concur in either the majority or minority reports.
Committees / Meeting / Schedule
Finance, Public Works, Safety, and Recreation & Seniors and Standards/Policy/Rules of Council shall schedule meetings as needed.
All Committees shall distribute copies of their meeting schedules to all members of council, Mayor’s office, Fiscal Officer, and all Department Heads.
Chairperson shall provide the agenda twenty-four hours in advance, at minimum, of all committee meetings to all council members’ committee representatives, and all representatives of the news media requesting advance notification of the time, place, and purpose of the meeting.
The Mayor or Council may from time to time appoint special committees for limited purposes, subject to the approval of the majority of Council. The statement of purpose of all special committees shall contain a section setting forth the length of time required to complete their special purpose. Special Committees may not duplicate the function or purposes of the Standing Committees.
Review, investigate and recommend Council action in all fiscal matters before Council; including budgets, appropriations, taxes, assessments, employee wages and relations, expenditures and general monetary policy and other special assignments. The Finance Committee shall be composed of two members of Council chosen by majority vote, with the Council Pro Tempore presiding as the Finance Chair.
Public Works Committee
Reviews, investigates and recommends Council action in all matters of public utilities, streets, storm sewers, recreational facilities, zoning, planning, annex, beautification, and public parks, buildings, inspections, and other special assignments, including engineering, construction, streets, sewers, sidewalks, parks, public grounds, water, permits, refuse collection and disposal.
Reviews, investigates and recommend Council action in all matters of public concerns to environmental issues such as pollution, sewers, or an EPA issues the Village should take action upon. This committee should promote environmental awareness and provide information on issues concerning Newburgh Heights. The Public Works Committee shall be composed of two members of Council chosen by majority vote of council.
Reviews, investigates and recommends Council action in all matters of public buildings, safety, traffic, police protection, general safety issues, fire protection, building codes and inspections, and other special assignments. Also, the Safety Committee approves the installation of signs, markings, and other safety devices to improve safety. The committee recommends improvements and appropriate ordinance to the Village Council for safety and parking issues. The Committee also reviews plans for new streets, traffic control devices, and bus routes to ensure that safety considerations are incorporated into these improvements.
In addition to Council Pro Tempore and other selected members of council, the Committee shall be composed of the Mayor, Village Solicitor, Police Chief, Fire Chief and Service Director.
Standards/Policy/Rules of Council Committee
Rules of Council
Any resolution to amend the Rules of Council shall be referred to this committee where it shall be considered immediately, taking precedence over any other business before the committee, and the committee shall make a report on the resolution to amend at the next regular session of Council following its introduction. If any section of Council Rules is found to be invalid, pursuant to Ohio Revised Code 731.45, they shall be reformulated in order to correct any deficiencies. Upon such discovery, Council shall commence, beginning at the next regularly scheduled meeting subsequent to the time of any such discovery, to reapportion its rules in order to achieve conformance with the law.
The Standards, Policy and Rules of Council Committee shall meet as necessary to review Standards/Policy/Rules of Council. Their authority shall include, but, not limited to reviewing, investigating, and recommending council action in areas involving eligibility for office and conflicts of interest.
Any resolution to amend any Standard, Policy or Rules of Council shall be referred to this Committee, where it shall be immediately considered. The Committee shall make a report on their recommendations to all of council within sixty (60) days. The Standards, Policy and Rules of Council committee shall be composed of two members of Council chosen by majority vote of council.
Recreation and Seniors Committee
The Recreation and Seniors Committee shall recommend to Council future plans and development of playgrounds, parks, recreational facilities, programs for youth and seniors. The Committee shall perform other duties as may be required by request of Council or the Mayor.
The Committee shall advise and recommend to Village Council program needs for the seniors. To work with other agencies to provide additional programs. This committee shall plan community activities for resident participation, i.e., egg hunt, movie night, children’s party.
The Recreation and Seniors Committee shall be composed of all members of Council.
Committee of the Whole
The President of Council shall preside when Council resolves itself into the Committee of the Whole. These rules of Council shall govern the Committee of the Whole except that no limit shall be placed on time or frequency of speaking and that the previous question cannot be moved. All questions shall be decided by a majority vote of those members present. When this Committee arises, any measure, together with any amendments shall receive the immediate consideration of Council unless otherwise ordered placed upon the calendar.
Special Ad hoc Committee
The Mayor or Council may, from time to time, appoint special committees for limited purposes, subject to the approval of the majority of council. The statement of purpose for all special committees shall contain a section setting forth the length of time required to complete their special purpose. Unless otherwise stated in the minutes relative to the appointment of special committees, all such special committees shall serve for the remainder to the year, or until they have completed their assignment.
All members of a Committee are required to attend all meetings. Members that cannot attend the meeting for personal reasons shall contact a member of the committee to inform them of their inability to attend. Notice may be given by telephone, memo, or electronically, at least two hours prior to the scheduled meeting time.
Committee members in attendance shall provide a written notification of an unexcused absence to the President of Council (Mayor). The President of Council (Mayor) shall forward the written notification to remainder of the council for disciplinary action as stated in this section.
Rule 100 ORDINANCES AND RESOLUTIONS
The terms “ordinances” refers to the types of action by Council which is of a general or permanent nature, creates a right, grants a franchise or involves the expenditure of money, the levying of a tax, or authorizes the purse, lease, sale or transfers of property. Ordinances shall be presented to Council in writing and shall have the name of the sponsors. Ordinances shall not be placed on the agenda unless submitted by a Council Member, following Committee review.
Each proposed ordinance shall be introduced:
In written or printed from
Shall contain only one subject
Be clearly stated in the title
– General appropriation ordinances may contain the various subjects and accounts for which monies are appropriated. (ORC 731.19)
On the passage of each ordinance, the vote shall be taken by YES, NO or ABSTAIN, and be entered into the minutes.
No ordinance shall be passed:
1. until it has been read by title only,
unless a majority shall request that it be read in its entirety,
2. on three separate days,
unless the requirement of reading on three separate days has been dispensed with by a three-fourths (3/4) vote of all of the Council Members taken by YES or NO.
a. changes in the amount of salary or compensation of any elected Village official
c. grants, renews, or extends a franchise or other special privilege, OR
d. regulates the rate to be charged by a public utility for its service
Shall not under any circumstances, be adopted or passed unless it has been read on three separate days.
Removal of an employee may be put to a vote at a regularly scheduled council meeting.
Contracts may be put to a vote at any council meeting.
The enacting clause of all ordinances passed by Council shall be “Be it ordained by the Village of Newburgh Heights, of the State of Ohio” (ORC 731.18).
No ordinance, or section thereof, shall be revised or amended unless the new ordinance contains the entire ordinance or section revised or amended, and the ordinance, section or sections so amended shall be repealed.
The term “resolution” is used concerning the action of Council in passing legislation generally referred to as a declaration of intent or purpose, the authorization of some temporary act or administrative procedure.
A resolution may initiate, direct, or carry out administrative duties and function, which are granted to Council under statutory laws or Municipal ordinances. Resolutions shall be presented to Council in writing and shall have the name of the sponsors. Resolutions shall not be placed on the agenda unless submitted by a member of the Council or the Mayor following Committee review.
Each proposed resolution shall be introduced:
In written or printed form
Shall contain only one subject
Be clearly stated in the title
– General appropriation ordinances may contain the various subjects and accounts for which monies are appropriated. (ORC 731.19)
On the passage of each resolution, the vote shall be taken by YES, NO or ABSTAIN, and be entered into the minutes.
No resolution of permanent character shall be passed:
- until it has been read by title only,
- unless a majority shall request that it be read in its entirety,
- on three separate days,
- unless the requirement of reading on three separate days has been dispensed with by a three-fourths vote of all of the Council Members taken by YES or NO.
Resolutions regarding the following matters, which:
a. changes the amount of salary or compensation of any elected Village official
c. grants, renews, or extends a franchise or other special privilege, OR
d. regulates the rate to be charged by a public utility for its service
Shall not under any circumstances, be adopted or passed unless it has been read on three separate days.
No resolution or section thereof shall be revised or amended unless the new resolution contains the entire resolution or section revised or amended, and the resolution, section or sections so amended shall be repealed.
READINGS AND SUSPENSION OF RULES
No ordinance, or resolution, of a general or permanent nature, or granting a franchise, or creating a right, or involving “the expenditure of money, or the levying of a tax, of for the purchase, lease, sale or transfer of property, shall be passed unless it has been fully and distinctly read on three different days. There shall be no authority to dispense with this rule, except by a three-fourths vote of all Members of Council, taken by YES, or NO, on each bylaw, resolution, or ordinance, and entered on the Minutes. (ORC 731.17)
All emergency measures shall require three readings, two by title only, unless suspended. A roll call shall first be taken on the emergency clause and then a roll call on the legislation as a whole. In order to pass as an emergency measure, the affirmative vote of two-thirds (2/3) of the Council members or four votes is required and must set forth the reason for the emergency in one section of the ordinance. (OML Sec.32.34 and ORC 731.30).
Emergency legislation shall be enacted as provided by the Ohio Revised Code.
The effective date of legislation shall be as provided by the Ohio Revised Code.
Any new language or any addition to existing ordinances or resolutions may be printed in capital letters so that any change is readily apparent.
All ordinances and/or resolutions that have been tabled or postponed in excess of twelve months shall be considered null and void. Any further action on the subjects covered shall be reintroduced as new legislation.
Rule 110 POINTS OF PROCEDURE: DEBATE, MOTIONS, VOTING
Every member present when a question is put to a vote, shall vote on same, unless the Council member, for special reason, is excused from voting. Said excuse shall be granted only if the Member states the reason for the request before voting begins and the Council, by majority vote of the members present, accepts them. There shall be no debate upon this question.
Clerk of Council and Clerk Treasurer terms have been replaced by Fiscal Officer. However, for ease of understanding differences in duties, the following uses the functional term of Clerk.
Except as otherwise provided in these rules or by law, all ordinances and resolutions will be voted upon in open Council and shall be oral roll call votes. The roll call voting shall be by sponsors first and then for the remaining members of Council as called by the Clerk.
The Clerk shall call the roll and each Council member will respond either YES, NO, or ABSTAIN. No other comment shall be considered proper during the vote. The Clerk shall record the vote and the same shall be preserved in the minutes of the meeting.
When calling roll, the Clerk will initiate the vote by repeating the motion in full, then calling the roll of council alphabetically, and on each succeeding vote shall rotate the roll call in that on the next vote and each succeeding role call the next council member alphabetically shall vote first and the member voting first on the previous roll call shall vote last. The Clerk shall note the last roll call vote of a meeting so that at the next meeting of council, the first roll call vote shall reflect the alphabetical rotation from the last meeting and shall continue from meeting to meeting.
After the vote is complete, the Presiding Officer shall disclose the results thereof. Except as otherwise provided herein, or by law, a majority shall carry any resolution, ordinance, or motion. The Clerk will give the tally of votes to the Mayor, and the Mayor will give the final passage or failure of the motion.
The Mayor shall have no vote except as provided by the Ohio Revised Code in a tie vote. The President of Council shall have a vote while conducting a council meeting. No question concerning the vote of any member will be proper after the vote is called.
NUMBER OF VOTES REQUIRED
Action by Council not required by law to be by ordinance or resolution may be approved by a majority of the ACTUAL MEMBERS of the body present at the time a quorum exists (ORC 731.17 (B)).
Emergency ordinances and resolutions require a two-thirds (2/3) vote of all the members elected/appointed to the Council.
Each ordinance or resolution shall be passed, except as otherwise provided by law, by a vote of at least a majority of all members of the Council. (ORC 741.17 (4)) Not a majority of who shows up or the so-called majority of a quorum.
Each ordinance or resolution “shall be read on three different days”, provided the Council may dispense with this rule by a vote of at least three-fourths (3/4) of it members. That is four votes are necessary if you have a five member council. ORC 731.17 (2).
WHAT IS 2/3 MAJORITY
In Newburgh Heights, 2/3 Majority is four votes of the five council members.
Two-thirds (2/3) vote of the council members is required to overrule a rejection by the planning commission of a proposal for construction of a public building, street, etc. (ORC 713.03)
WHAT IS 3/4 MAJORITY
In Newburgh Heights, 3 /4 majority is four votes of the five council members.
Three-fourths (3/4) majority of the council members is REQUIRED to amend a recommended ordinance, measure, or regulation for the districting or zoning of the Village submitted by the Planning Commission. (ORC 713.12).
No member shall be questioned concerning the necessity of an abstaining vote. A decision to abstain is a matter personal to each member and under no condition may this action be challenged. Each member is urged to use his/her careful discretion in this matter. An abstaining vote shall be treated as neither a positive nor a negative vote. A member who casts an abstaining vote shall not be recorded as voting on either side of the question.
CHAIR’S POWER TO VOTE
The Mayor shall have NO veto power, and shall have no vote except in the event of a tie vote of the members of Council present. In which case, the Mayor shall have the power to vote and his vote shall have the same legal effect as a vote of a Member of Council. Any Member of Council who is serving as Chairman shall have the same power to vote as other Members.
Motions will be written down for the record by the Fiscal Officer at the time they are made. A member will address the chair and state the member’s motion. Another may second the motion by addressing the chair and stating his second. Immediately following the motion and second, the Fiscal Officer shall state the motion. The motion will then become the property of the council and may then be debated, amended, or otherwise acted upon.
When a motion is made, the Fiscal Officer or Committee Chair shall state it, before debate. The mover without the consent of Council shall not withdraw a motion. Unless otherwise required by law, a motion shall be deemed passed if it receives the affirmative vote of a majority of the Members present, including the Chair, if entitled to vote thereon.
MOTION ORDER OF PRECEDENCE
When a question is before Council, no motion shall be entertained except the following:
- To adjourn
- To lay on the table
- The previous question
- To postpone to a certain time
- To refer
- To amend
- To postpone indefinitely.
Said motions shall have precedence in the foregoing order.
MOTION PUT TO VOTE WITHOUT DEBATE
The following motions shall be put to vote without debate:
- To adjourn
- To lay on the table
- The previous question
- To postpone to a certain time
ALL MOTIONS SHALL BE SECONDED, EXCEPT:
- To raise a question of privilege
- Question of order
- Objection to the consideration of the question
- Inquiries of any kind
MOTION TO ADJOURN
Motion to adjourn shall be in order at any time, except as follows:
- When repeated without intervening business or discussion.
- When made while another Member is speaking.
- When the previous question has been ordered.
- When a vote is being taken.
A motion to adjourn is not debatable, except as to time to which the meeting is adjourned.
MOTION TO LAY ON THE TABLE
A motion to lay on the table shall preclude all amendments or debate of the subject under consideration. If the motion prevails, the consideration of the subject may be resumed only upon motion of a member voting with the majority and with the consent of the Members present. This is not debatable.
MOTION TO AMEND
A motion to amend shall be susceptible of but one amendment. An amendment once rejected may not be moved again in the same form.
MOTION TO SUSPEND RULES
A motion to suspend the rule which required three readings on three separate days must receive the affirmative vote of three-fourths (3/4) of the Members elected/appointed to Council and shall be debatable.
MOTION TO AMEND AN ORDINANCE
It shall be in order, at any time, to amend an ordinance when not in the hands of a committee. If an ordinance, after the second reading is referred to a committee and amended, is shall be read as the second reading thereof, and laid over for further and final consideration.
ABSENCE OF RULES
In the absence of a rule to govern a point of procedure, the latest edition of Robert’s Rules of Order shall govern the proceedings.
RULE 200 AGENDA
The Agenda for regular meetings will be closed at 5:00 p.m. the Friday before the scheduled meeting. Any item to be placed on the agenda must be in the Office of the Mayor before that time. (See Rule 210 for Order of Business outline of an agenda.)
The Mayor’s administrative assistant or Fiscal Officer shall make available, at the office, copies of the agenda and pertinent background information to the council members.
The Mayor’s Office shall be responsible for preparing the Agenda for all meetings of Council.
Council members should provide items, in written form, for the agenda to the Mayor.
Note: Department Heads should provide their reports, in written form, as supporting documentation by 5:00 p.m. on the Friday before a regular meeting and not less than twenty-four (24) hours prior to the time of the special meeting.
Before an ordinance or resolution is adopted, it shall be reviewed and/or prepared by the Village Solicitor to insure it is correct as to form and legality of purpose. Council members should provide items for ordinance or resolution through Committee and the Council President Pro Tempore.
The Mayor’s Administrative Assistant or Fiscal Officer, with the guidance of the Mayor, shall prepare the agenda for all regularly scheduled meetings of Council. No item requiring action may be placed on the agenda later than 5:00 p.m. on Friday before a regular scheduled council meeting, and not less than twenty-four (24) hours before the time of a special council meeting. The agenda shall indicate the name of the sponsors(s) and description of any ordinance or resolution, which will be presented to Council, when feasible.
It shall be the responsibility of the Mayor’s Administrative Assistant or Fiscal Officer to be assured that the agenda and ordinances, resolutions, and supporting documents are in the mailboxes of all members of Council, and Department Heads by 5:00 p.m. on the Sunday before a regular meeting and not less than twenty-four (24) hours prior to the time of the special meeting.
The Mayor’s Administrative Assistant or Fiscal Officer shall provide electronic distribution of the agenda and when feasible supporting documentation to mailboxes of all members of Council, and Department Heads by 5:00 p.m. on the Sunday before a regular scheduled meeting. The member calling the special meeting shall provide delivery not less than twenty-four (24) hours prior to the time of the special meeting.
Rule 210 ORDER OF BUSINESS
Sample Agenda for Regular Session of Council
Agenda: Regular Session of Council 7:30 PM
- Call to Order/Roll Call:
- Pledge of Allegiance (please silence cell phones and pagers):
- Good & Welfare:
- Reading & Disposition of the Minutes:
- Engineer’s Report:
- Public Comment (comments may be directed at the Mayor or Council members only, may pertain to any village topic, and will be limited to 5 minutes):
- Fiscal Officer:
- Mr. Dunman
- Ms. Giersz
- Mrs. Kray
- Mr. Moran
- Mr. Schaffran
- Ms. Traore
- Department Heads
- Fire Chief
- Police Chief
- Service Director
- Building Commissioner
- Purchases & Approvals:
- Public Comment (comments may be directed at the Mayor or Council members only, may pertain to topics specifically discussed at tonight’s meeting, and will be limited to 3 minutes):
Rule 300 PUBLIC HEARING
Public hearings serve two functions:
- Informing the public about a proposed municipal government action.
- Providing public comment to the Village officials regarding the impact of the proposed action.
Refer to the ORC for information on the requirements the Village must follow as per circumstance for each particular public hearing.
Items to consider for a public hearing:
- Form of testimony taken – verbal and/or written.
- Speakers required
- Pre-Registration of speakers, visitors, residents
- Time limits for speaking – set in advance by Chairperson
- Chairperson should give a brief explanation of the issues at hand.
RULE 400– MINUTES OF MEETINGS
The minutes of a regular, special, emergency council meeting and committee and/or boards and commissions must be promptly recorded and open to public inspection (ORC 121.22).
The minutes should contain
- Date of meeting
- Place of meeting
- Time of the meeting
- Denote if a regular meeting, special meeting, emergency meeting or committee of council
- Record of council members present
- Record of council members absent
- Any motions offered
- Any proposals offered
- Any ordinances offered
- Any resolutions offered
- Any amendments to motions offered
- All committee appointments
- Any elections to fill vacancies
- Other appointments
- Confirmation of appointments
The minutes should contain what was accomplished by the body, NOT what was said by each member.
It is the duty of the Fiscal Officer to take the council meeting minutes. In the absence of the Fiscal Officer, the President of Council shall appoint a member of Council to take the meeting minutes and pass them to the Fiscal Officer to be typed. Chairs of committee are responsible for having meeting minutes recorded and delivered.
It shall be the responsibility of the Fiscal Officer to have minutes of regular and special council minutes in the mailboxes of all members of Council, Mayor’s office, and Department Heads by 5:00 p.m. on the Sunday before the next regularly scheduled meeting.
Meeting minutes may be amended by a vote of Council to correct errors or omissions.
APPENDIX A: PUBLIC PARTICIPATION AT MEETINGS
Often citizens want to use council meetings as a public forum for redress of their grievances, this desire “finds no special protection in the U.S. Constitution.” Except as provided under the laws of the State of Ohio, ORC 121.22, and commonly referred to as the “Sunshine Law”, all meetings of the Council shall be open to the public. A majority of members of council shall constitute a quorum at all meetings.
Under the “Sunshine Law” the public has the right to attend public meetings. The public does NOT have the right to participate in those meetings. (Wyse v Rupp, No. F-94-19 (6th Dist), 1995 Ohio App. Lexis 4008).
The Sunshine Law, ORC 121.22 DOES NOT require the public body to permit a member of the public to speak at the meeting. Council determines who has the right to speak during Council meetings.
Procedure for participation at council meetings:
The terms and conditions of any resident or visitor wishing to speak on any matter shall be set by the presiding officer (Mayor, Pro-Tempore, Chairman) of said meeting.
Any resident or visitor wishing to speak must state name, address, and wait to be called on by the Mayor.
This participation shall be a part of the minutes of the meeting. Delegation of one’s time allotment to another person is strictly prohibited.
Any groups attending the council meeting shall select one person to speak for the entire group.
After everyone has received an opportunity to speak, anyone wishing to make additional comments may be given another three minutes by vote of council.
Council, shall, by motion , terminate or extend the time limit given to speak, during the “Open to the Audience Session”.
Disruptive persons WAIVE THEIR RIGHTS TO REMAIN AND OBSERVE A MEETING. (Forman v Blasé, No. 13-87-12, Ct. App. Seneca County August 8, 1988 and Jones v Heyman, 888 F.2d 1328, 11th Cir.1989)