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File #: 000001    Version: Name:
Type: Resolution Status: LAPSED
File created: 1/3/2000 In control: CITY COUNCIL
On agenda: Final action: 12/31/2003
Title: To provide Rules for the Government of the Council of the City of Philadelphia.
Sponsors: Councilmember Blackwell
Indexes: CITY COUNCIL

Title

To provide Rules for the Government of the Council of the City of Philadelphia.

Body

RESOLVED, By the Council of the City of Philadelphia, That for the government of this Council the following Rules are hereby adopted:

 

I.  Meetings

 

 

                     1.  The Council shall meet at scheduled Thursday sessions at ten o’clock A.M., except on legal holidays.  Additional meetings shall be held at such other times as the Council, by vote of the majority of all the members shall provide.  The Council, by a vote of a majority of all the members may suspend a stated meeting, or recess or adjourn to a specified time.

 

 

                     2.  The President of the Council may call special meetings of the Council whenever in President opinion the public business requires, and the President shall be required to call special meetings whenever five (5) members of the Council make a written request therefore.  In the case of a special meeting the subject or subjects to be considered shall be specified in the call therefore, and such subject or subjects alone shall be considered at the said special meeting to the exclusion of all other matters, unless the Council shall by vote of two-thirds of all the members agree thereto at the said special meeting.

 

                     Written notice of all special meetings of the Council shall be forwarded not less than forty-eight (48) hours (excluding Sunday) preceding the same, unless there shall be waiver of such notice at or before the time fixed for the said special meeting.

 

 

                     3.  A quorum shall consist of a majority of all the members of the Council, but a smaller number may adjourn from day to day, and compel the attendance of absent members.  Should no quorum attend within thirty (30) minutes after the hour appointed for the meeting of the Council, the Council may thereupon adjourn until the next day, or from day to day, until such time as a quorum shall be present.  The names of the members present and their action at such meeting or meetings shall be entered upon the Journal.

 

                     If, at any time during the session of the Council, a question shall be raised by a member as to the presence of a quorum, and it shall be shown that a quorum is not present, it shall be the duty of the President of the Council to announce the result of the roll call and note the absentees, after which the absentees shall again be called, and those for whose absence no excuse or insufficient excuse is made, may, by order of a majority of the members present, be summoned by the Sergeant-at-Arms or by assistants appointed for the purpose and brought before the bar of the Council, where, unless excused by a majority of the members present, they shall be reproved by the President of the Council for neglect of duty.  These proceedings shall be without debate and no motion except to adjourn, shall be in order.  While the Council is under a quorum call, only members and officers of the Council shall be admitted, and no member shall be permitted to leave the Councilmanic Chambers, unless by a majority vote of the members present.

                     4.  The meetings of the Council shall be at all times open and accessible to the public.  No person shall be permitted on the floor of Council but the members, the officers and employees of Council and representatives of the City press who shall have a place assigned to them.

 

 

                     5.  Each stated or special meeting shall be opened by prayer, either by a permanent Chaplain, or by a temporary Chaplain designated by the President of City Council.

 

 

II.  The President of Council

 

 

                     1.  The President of the Council shall be elected from among its members upon the organization of the Council, or upon the occurrence of a vacancy in said office, for the full term of the Council, or for the remainder of the term as the case may be, and such election shall be by the majority of the members elected to the Council by a viva voce roll call vote.  In the event of the President’s prolonged absence or disability, the Council shall elect from amongst its members, a President Pro Tempore; however, in case of a brief temporary absence, the President shall appoint a President Pro Tempore during said absence.

 

 

                     2.  The President of the Council shall preside over all sessions of the Council.  In the event of the President’s temporary disability from the Chair the President shall designate an acting President Pro Tempore.  The acting President Pro Tempore, during the absence of the President, shall exercise all powers of the President.

 

 

                     3.  The President shall preserve order and decorum, enforce all rules adopted for the government of Council, prevent personal reflection, confine members in debate to the question under discussion; and when two (2) or more members rise at the same time for recognition of the Chair, decide who shall first be heard.  The President shall decide all questions of order subject to an appeal made by two (2) members.  The President’s decision on questions of order shall not be debated, except upon appeal from the President’s decisions.  Questions of order may be raised while and appreal is pending, but no appeal from the decision of the presiding offices on such may be taken while the first appeal is pending.

 

 

                     4.  While in the Chair the President shall take no part in debate, but  may at any time state from the Chair any facts of which the President may have knowledge and give information pertaining to business before the Council.

 

 

                     5.  The President shall vote on all questions, but the President vote shall be the last to be recorded.

 

 

                     6.  The President shall certify by signature all ordinances, orders, petitions, and resolution adopted, and leases and contracted required to be authorized by the Council.

 

                     Writs, warrants and subpoenas issued by the request of the Council, as authorized by Chapter 2-401 of the Philadelphia Home Rule Charter, shall be signed by the President and attested by the Chief Clerk.  Writs, warrants and subpoenas issued by any Committee of the Council shall be signed by the Chairperson of said Committee or in the Chair’s absence, by the Acting Chairperson thereof and attested by the Chief Clerk.

                     

                     7.  The President shall appoint all standing committees and the Chairperson and Vice Chairperson thereof, and may fill all vacancies that may occur from time to time, herein; except that, the Committee on Ethics shall consist of the Committee of the Whole Council, and its Chairperson and Vice Chairperson thereof shall be elected by a vote of the majority of all members of the Committee.  Any member named in a Resolution of Council to be the subject of an investigation by the Committee is automatically removed from the Committee on Ethics until the conclusion of the part of the investigation as it refers to that member.

 

                     No member of Council, once appointed, may be removed from the Chair or Vice-Chair of any standing Committee of Council, except upon a vote of a majority of all the members of Council.  The only exception to this procedure shall be the specific procedures of this Subsection 7 providing for removal of members from the Committee on Ethics.

 

                     The President shall also appoint all special committees and the Chairperson, and may fill vacancies that occur therein.  The President, as well as the Majority Leader, shall be a member of every committee, except on the Committee on Ethics, if removed from the committee as provided herein.

 

 

                     8.  The President shall appoint and dismiss at President discretion the employees of the Council with the following exceptions:

 

                                          a.  The Chief Clerk of Council, who shall be elected or removed by a majority vote of the members of the Council.

 

                                          b.  The Administrative Assistant and the Clerk-Typist, or any other personnel serving each individual Council member, whom shall be appointed or dismissed as directed by the Council member being served.

 

 

                     9.  The President shall administer to the employees of the Council an oath or affirmation that they will severally support the Constitutions of the United States and of the Commonwealth of Pennsylvania and the Philadelphia Home Rule Charter.

 

 

                     10.  The President shall have general direction of the Councilmanic chambers, the committee rooms and administrative offices of the Council.  All officers and employees shall attend to and faithfully perform their duties.

 

                     11.  The President shall arrange for the transcription of the proceedings of all Council sessions and all public hearings.

 

                     12.  The President of City Council may appoint a representative to act in the President’s stead at any meetings of any City board, commission or advisory committee of which the President is an ex-officio member and at any meetings of the Board of Directors of a quasi-public agency or public authority of which  the President is an ex-officio member.  Said representative shall have the right to exercise all the powers, including the right to vote, and to perform all the duties vested in an imposed upon the President of City Council by virtue of  membership on such boards, commissions and advisory committees.

III.  Standing Committees

 

 

                     1.  The Standing Committees shall be as follows:

 

 

 

COMMITTEE ON RULES

(Consisting of not less than five (5) members.)

 

                     The Committee shall make recommendations designed to improve and expedite the business and procedure of Council, and its committees, propose to Council any amendments to the rules deemed necessary regarding the organization of the Council, including the rules of parliamentary procedure.  It may consider any matters of a general nature.

 

                     All matters relating to municipal development and zoning, the City Planning Commission, Housing and Redevelopment Authorities, the Art Commission and such other matters on the Council President may determine.

 

 

 

COMMITTEE ON FINANCE

(Consisting of not less than five (5) members.)

 

                     All matters relating to finance, taxation and the indebtedness of the City; more specifically, all matters relating to taxes, water and sewer rents, fees, charges, fines, penalties, the operating and capital budgets; the care and control of public funds; all matters relating to electoral and Councilmanic loans and the Sinking Fund; and all matters relating to revenue sharing from the Commonwealth and of the United States government.

 

 

 

COMMITTEE ON APPROPRIATIONS

(Consisting of not less than five (5) members.)

 

                     All matters relating to the appropriation of funds, the payment of moneys not provided for by previous authority of law, the procurement of equipment and supplies; and all matters affecting the receipt, disbursement, transfer or other use of City money and the audit of the same; provided, however, that should any matter be referred to any other committee requiring an appropriation the said legislation should be re-referred to the Committee on Appropriations following the action of the aforesaid committee.

 

 

 

 

COMMITTEE ON LAW AND GOVERNMENT

(Consisting of not less than five (5) members.)

 

                     All matters within the scope of the Law Department, the Administrative Board, the codification of Councilmanic ordinances, claims against the City based upon moral obligation to make payment, all matters affecting the former County offices, all matters concerning elections, recall and special elections, all matters relating to the implementation of the Charter, or amendments thereto, and all other matters in which legal aspects are involved; and all other matters relating to cooperation with the Federal, State, inter-City and inter-County governments.

 

 

 

COMMITTEE ON ETHICS

(Consisting of the Committee of the Whole Council.)

 

                     The Committee shall conduct investigations of individual members of the Council after:

 

                                          a.  The Council by majority vote shall have approved the filing of charges against such members for alleged violations of Chapter 20-600 of the Philadelphia Code or these Rules; and

 

                                          b.  The Council shall have approved by majority vote a resolution authorizing such investigation.

 

                     There shall be separate resolutions relating to each individual, to be considered separately by the Council and each resolution shall contain a list of all charges and alleged violations.  The accused member of Council may provide self representation or may be represented during such an investigation by counsel.

 

                     If a member under investigation should resign from positions in Council or from office before the completion of the investigation, the investigation may be terminated by a majority vote of all members of the Committee.  Upon completion of an investigation of a member of Council, the Committee shall make its recommendation to the Council, and the Council shall take whatever actions it deems appropriate.  All matters which come under this Committee, including hearings, actions and recommendations shall be conducted in public, except when the Committee by majority vote goes into executive session.

 

 

 

LEGISLATIVE OVERSIGHT COMMITTEE

(Consisting of not less than five (5) members.)

 

                     All matters related to the legislative acts of Council.  It is to check with the Executive and Judicial branches on the enforcement of laws passed by Council, on the carrying out of projects voted by the Council, the budgetary expenditures as allowed in the various budget funds, and matters relating to the Pennsylvania Convention Center.

 

 

 

 

COMMITTEE ON COMMERCE AND ECONOMIC DEVELOPMENT

(Consisting of not less than five (5) members.)

 

                     All matters relating to the Department of Commerce, and its departmental boards; the port and airport facilities, and the rates and charges for the use thereof; the City Representative, Philadelphia Industrial Development Corporation, the Philadelphia Authority for Industrial Development, the Philadelphia Commercial Development Corporation and the Philadelphia Workforce Development Corporation.

 

                     All matters relating to the Civic Center complex, celebrations, parades and other similar functions.

 

                     All matters relating to the promotion of commerce, economic development and employment within the City.

 

                     All mattes relating to the expenditure of Federal and State funds for the promotion of economic development and employment within the City.

 

 

 

COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS

(Consisting of not less than five (5) members.)

 

                     All matters relating to City property and buildings and parks; the cleaning, maintenance and repair of the same; the organization and assignment of all court rooms, Councilmanic meeting rooms, adequate office space in connection with the efficient operation of the same; the assignment of office space, storage space and other buildings owned or leased by the City for City use; all matters relating to the Department of Records, all matters relating to the Gas Commission; the City water and sewage disposal systems; and matters relating to the furnishing of gas, electricity, and steam from City facilities wherein such facilities are not under lease to others.

 

 

 

COMMITTEE ON STREETS AND SERVICES
(Consisting of not less than five (5) members.)

 

                     All matters relating to the Department of Streets and its departmental boards; more specifically City streets, bridges, alleyways and driveways, the roads and drives in Fairmount Park; the light of the same; sanitation as to the general cleanliness and health of the City as it relates to the above City streets, etc., including the cleaning of the City streets, the removal and disposal of ashes, garbage, refuse, ice and snow, and the construction, repair, maintenance and operation of incinerators for the disposition of ashes, garbage and refuse; traffic engineering regulations, as to traffic flow and parking on City streets and on the roads and drives in Fairmount Park; the establishment of traffic signs, signals, markings and devices for the regulation and control of vehicular and pedestrian traffic; and all matters relating to the surveying functions of the City.

 

 

 

 

 

COMMITTEE ON LICENSES AND INSPECTIONS

(Consisting of not less than five (5) members.)

 

                     All matters relating to licenses and inspections, building safety and sanitation, and building, housing, and electrical codes and standards.

 

 

 

COMMITTEE ON LABOR AND CIVIL SERVICE

(Consisting of not less than five (5) members.)

 

                     All matters relating to labor relations, the Civil Service Commission, the Personnel Director, and the board of Pensions and Retirement.

 

 

 

COMMITTEE ON PUBLIC SAFETY

(Consisting of not less than five (5) members.)

 

                     All matters relating to the Police and Fire Departments, civilian defense and its coordination with Federal and State governments; fire codes and fire prevention programs.

 

                     Matters relating to the illegal use and possession of narcotics and drugs, cooperation with law enforcement agencies, Courts, Departments of Public health and Department of Public Welfare and educational and research organizations to control and prevent the illegal traffic in and use of narcotics and drugs.

 

 

 

COMMITTEE ON PUBLIC HEALTH, HUMAN SERVICES AND RECREATION

(Consisting of not less than five (5) members.)

 

                     All matters relating to the public health, and the Air Pollution Control Board; the coordination of health programs and facilities with Federal and State governments.  Promoting ways and means of preserving an appropriate ecological balance to provide a health uniform environment and the elimination of pollution.

 

                     All matters relating to the Department of Public Welfare and its departmental boards; the care and placing of dependent, mentally disabled, neglected, incorrigible and delinquent children and the mentally disabled, aged, infirm and destitute adults whose support ifs maintined out of the City Treasury or out of other funds which are administered by City Boards or Commissions; and matters relating to the City penal, reformatory and correctional institutions, homes for the indigent and other welfare institutions operated ;by the City.  All matters relating to the rehabilitation and treatment of narcotic and drug addicts.

 

                     All matters relating to the Department of Recreation, the Recreation Coordination Board, the Fairmount Park Commission’s recreational facilities, and the recreational program conducted by the Board of Public Education of the School District; the Board of Trustees of Camp William Penn, the Philadelphia Veterans Stadium and ground appurtenant thereto; matters relating to Robin Hood Dell, the annual Mummers Parade; and matters relating to the management of certain historical shrines acquired by the City through ownership or custody

 

COMMITTEE ON TRANSPORTATION AND PUBLIC UTILITIES

(Consisting of not less than five (5) members.)

 

                     All matters relating to transportation facilities of any kind and the charges, regulations and operations of same.

 

                     Relations with the State Public Utility Commission and the Federal Interstate Commerce Commission; matters relating to tolls and charges on State, Federal and Interstate bridges and highways.

 

 

 

COMMITTEE ON EDUCATION

(Consisting of not less than five (5) members.)

 

                     All matters relating to education in the public schools of Philadelphia excepting matters referred to the Committee of the Whole.

 

 

IV.  Regulation of Committees

 

 

                     1.  Before a bill shall be considered by the Council, it shall be referred by the President or other presiding officer to the appropriate committee, considered at a public hearing and a public meeting, reported by the committee, printed as reported, distributed to the members of Council, and made available to the public.

 

                     2.  Notice of public hearings on bills referred to committees shall be advertised not less than five (5) days in advance thereof in the two (2) daily newspapers of the City having the largest paid circulation, except that as to zoning district designation amendments, notice by advertising not less then fifteen (15) days in advance shall be required.  The title of the bill and the time and place of the hearing shall be stated in said advertisement.

 

                     Notice, giving the time, date and place of a public meeting to determine action of a committee on bills referred to it, shall be advertised, not less than three (3) days prior to the time of the public meeting, in a newspaper of general circulation, as defined by the Newspaper Advertising Act of May 16, 1929, published in Philadelphia.

 

                     A copy of the notice shall be posted at the office of the chief Clerk of Council.  The notice of the public hearing and public meeting may be combined in one (1) advertisement.

 

                     The public hearing shall be held under the jurisdiction of the committee chairperson (or in the Chair’s absence the acting chairperson) and shall be for the purpose of eliciting relevant information and opinions on the bill(s) then before the committee.  At such hearings, any person desiring to testify on the bill(s) shall be permitted to speak, subject to normal rules of procedure.

 

                     All members of the Administration who wish to testify shall provide the members of the City Council with their testimony, in writing, at least forty-eight (48) hours, excluding weekends and legal holidays, in advance of their scheduled testimony.

 

                     The public meetings of committees shall be for the purpose of discussion of the bill(s) by and between members of the committee only, but any one may attend.  Any policy made or decided regarding the vote or any vote taken on it shall be at such public meeting and shall be duly recorded.  At such public meetings the committee chairperson (or in the Chairperson’s absence, the acting chairperson) may adopt such rules and regulations as are necessary to maintain proper order and decorum in the room.

 

                     At the public meeting to determine the action of the committee on bills referred to it, only the chairperson of the committee (or in the Chair’s absence the acting chairperson) shall call for motions regarding a bill; and upon receiving a motion duly seconded shall poll the committee, report the vote and take the action by said committee.

 

                     At the public hearings and public meetings of the Council and its committees the microphones shall remain open at all times so all persons participating may be heard by the members of the committee, the public, the media and the recording stenographer.  The stenographer shall record the entire proceedings including any discussions, policy determinations, and any vote taken.  As soon as practical after the hearing and/or meeting the entire record shall be transcribed.

 

                     The transcripts of all hearings and meetings shall be delivered to the Chief Clerk of the Council where they shall be kept available to the public for inspection, reading or copying at reasonable times, but not removalable from the Chief Clerk’s office.  The Chief Clerk shall have the right to adopt and enforce reasonable rules governing the making of extracts, copies, photographs or photostats.

 

                     Notice of bills reported from Committee shall be advertised by title not less than five (5) days before the bill comes up for final consideration.

 

 

                     3.  Every member of a committee shall attend upon the call of the chair.  Failure without good cause, of a committee member to attend three (3) consecutive meetings shall be a ground for removal of such member from the committee.  In case of the chair’s failure to call a committee meeting, or in case of his/her absence by reason of illness or other cause, the committee shall attend upon the call of the President.

 

 

                     4.  A quorum for a committee hearing or meeting shall consist of a majority of all the members of the committee and a quorum must be present at any meeting at the time a vote is taken.  If a quorum is not present after the scheduled time of a committee hearing, ex officio members of the committee may be counted for the purpose of determining the presence of the quorum.

 

 

                     5.  Meetings of standing committees shall be held at such times as do not conflict with the meetings of other committees of the Council.

 

 

                     6.  The chairperson (or in the Chair’s absence the acting chairperson) of the committee shall make reports in writing, and if called upon assign the reason for failure to report.

 

 

                     7.  The recommendation of a committee that a bill be disapproved shall not affect its consideration by the Council but the word “DISAPPROVED” shall be written conspicuously above the title of the bill.  Such bill may be placed on the calendar by a majority vote of all the members of the Council.

                     A committee may recommend that a bill be “WITHDRAWN” from further consideration by the Committee at the request of the sponsor.

 

 

                     8.  When a committee has directed that a bill or resolution be reported to the Council, the chairperson shall report the same at the next stated meeting of the Council and in no event shall such report be delayed longer than two (2) stated meetings of the Council.  If the chairperson fails to report the bill or resolution as directed within the two (2) stated meetings, a majority of the committee may direct the Chief Clerk in writing to furnish the committee with a copy of said bill or resolution duly certified by the Chief Clerk, which copy shall be reported to the Council in lieu of the original.

 

 

                     9.  A committee may amend a bill, resolution or other matter committed to it, except that it shall not change its subject or purpose.

 

 

                     10.  Every committee shall have a record of all proceedings before it, which record shall be open for examination by any member of the Council.  Committee records shall be filed with the Chief Clerk at the end of each calendar year and shall be kept for a period of two (2) years thereafter.

 

 

                     11.  No committee shall meet while Council is in session without leave of the Council.

 

 

                     12.  If a committee shall unduly delay reporting any bill or resolution, the committee may be discharged from further consideration thereof by the vote of five (5) members of the Council whereupon the bill shall be printed and placed on the calendar for action or referred to another committee or the Committee of the Whole, as Council by its vote shall determine.

 

 

                     13.  Written notice of all committee hearings and meetings shall be sent by the Chief Clerk to every member of the Council and to the departments concerned therewith and to each member of the public or organization thereof that has filed a written request for such notice with the Chief Clerk.

 

 

                     14.  In the course of any authorized inquiry or investigation the Council shall compel the attendance of witnesses and the production of documents and other evidence at any committee meeting in according with Article XVI, Section 8, of the Act of June 24, 1919, P.L. 681.  The President of the Council or the Committee Chairperson shall administer the oaths or affirmations to witnesses.

 

                     All inquiries and investigations conducted by a committee shall be open to the public except when executive sessions are required.

 

 

                     15.  Any witness appearing before any committee may be represented by counsel.  Any person whose character shall have been impugned in the course of an inquiry or an investigation shall be given opportunity to appear with or without counsel, to present evidence, to cross-examine any person who may have impugned that person’s character, and to call their own witnesses.  The committee, upon appropriate application, may issue its subpoena to compel the attendance of witnesses on behalf of such person.

 

 

V.  Order of Business

 

 

                     1.  The order of business at all stated meetings of Council shall be as follows:

 

                                          1.  Prayer by Chaplain.

 

                                          2.  Reading, correction and approval of the Journal of the preceding meeting.

 

                                          3.  Applications for leave of absence.

 

                                          4.  Reading of communications.

 

                                          5.  Introduction of bills and resolutions.

 

                                          6.  Referrals to appropriate committees by the President of the Council.

 

                                          7.  Reports from Committees.

 

                                          8.  Special business, including confirmation of appointments required by law, elections by the Council, and any other business by vote of the Council.

 

                                          9.  Bills on first reading.

 

                                          10.  Bills on final passage recalled from the Mayor.

 

                                          11.  Bills on final passage (bills on the final passage postponed calendar may be called up under this order of business.)

 

                                          12.  Bills on second reading and final passage (bills on second reading and final passage postponed calendar may be called up under this order of business.

 

 

                     2.  When any bill is on final passage, votes shall be taken by ayes and nays, and the names of the members voting for and against the bill shall be entered in the Journal.  No bill shall pass unless a majority of all the members of the Council shall be recorded as voting in its favor; except that bills to incur new debt or increase the indebtedness of the City shall require the affirmative vote of two-thirds (2/3) of all members of the Council.

 

 

                     3.  Unfinished business.

 

                     Any subject may by a majority vote of the Council be made a special order of business; and when the time fixed for its consideration arrives the President shall lay it before the Council.  A similar vote shall be required to rescind or postpone a special order of business.

 

                     A motion for adjournment shall always be in order and shall be decided without debate, except that it shall not be received while the Council is voting on another question, or while a member if addressing the Council.

                     Wherein the foregoing order of business is interrupted by an adjournment, the business of the next meeting shall proceed as above set forth, unless the majority of the Council present shall decide that it shall commence where interrupted.

 

 

VI.  Introduction of Bills.

 

 

                     1.  Except as hereinafter otherwise provided, every legislative act of the Council shall be by ordinance and shall begin with the words, “The Council of the City of Philadelphia hereby ordains.”

 

 

                     2.  Every proposed ordinance shall be introduced by bill.  Every ordinance except annual budget ordinances and general codifications and revisions of City ordinances, shall contain not more than one (1) subject which shall be clearly and adequately expressed in its title.

 

 

                     3.  All bills shall be presented in triplicate typewritten form and shall be signed and dated by the member or members introducing same.  When introduced “by request” the bill shall identify the names and addresses of the person or persons requesting the introduction of said bill.

 

                     All private interest bills shall be accompanied by a fact sheet stating the names and addresses for each owner or owners, developers or other persons seeking such legislation.

 

 

                     4.  When introduced, bills and resolutions shall be presented to the Chief Clerk who shall read the title thereof aloud, and deliver them to the President for reference to appropriate committees; and thereafter said bills and resolutions shall be numbered by the Chief Clerk.

 

 

                     5.  If the President shall neglect or refuse to refer any bill to an appropriate committee within two (2) stated meetings of the Council, any member may move to refer said bill to an appropriate committee.  If five (5) members of the Council agree on such motion the bill immediately shall be referred to such committee.

 

 

                     6.  All resolutions (excepting resolutions of condolence and congratulations) shall be sent, by the sponsor, to every Councilperson, so as to be in the possession of members at least the day prior to the day of introduction into the council and, when introduced, shall be printed for the use of the members and the public and shall be numbered consecutively.

 

 

VII.  Consideration of Bills

 

 

                     1.  Every bill shall be read on two (2) separate days in open Council meetings.

 

 

                     2.  When bills on first reading are in order, the President shall take up the calendar and shall direct the Chief Clerk to read the titles of such bills in the order in which they appear on the calendar.  They shall be severally read without amendment or debate and journalized accordingly.

                     3.  No bill shall be considered on the second reading and final passage calendar unless called up from the calendar by a member.  If not called up for four (4) stated meetings it shall be recommitted to committee unless otherwise ordered by the Council.  When a bill is called up for second reading and final passage the President shall direct the Chief Clerk to read such bill.  It shall be read and then be subject to amendment in any part.  When amendments are proposed to a bill or resolution, the sponsor shall present four (4) typewritten copies of each amendment and sufficient additional copies for distribution to the members and the press.

 

 

                     4.  No bill shall be altered or amended during final passage as to change its original purpose.  Amended bills shall be printed as amended for the use of the members of the Council and for the information of the public, and shall be placed on the Final Passage Calendar for the next meeting.

 

 

                     5.  At any time after second reading and before final passage a bill may be recommitted, or action thereon postponed by a majority vote of the members of the Council.

 

 

                     6.  When ready for vote on final passage the President shall announce as follows:  “This bill having been read twice on two different days, the question now is shall the bill pass finally?  The ayes and nays shall then be taken and the names of the Councilpersons voting for and against the bill shall be entered into the Journal of Proceedings.  No bill shall pass unless a majority of all the members of the Council shall be recorded as voting in its favor.

 

 

                     7.  Every bill shall be certified by the signature of the President, and attested by the Chief Clerk and shall be delivered to the Mayor for his/her approval.  Such certification and delivery shall be within three (3) days after final passage of the bill.

 

 

VIII.  Introduction and Consideration

of Resolutions, Petitions, Memorials,

Remonstrances and Communications.

 

 

                     1.  All matters which relate to the organization, the conduct of the affairs, and the Rules of the Council, and to inquiries and investigations by the Council, or other matters which require the approval solely of the Council, shall be submitted to the Council for appropriate action in the form of resolutions.

 

 

                     2.  Members may present and the Council may receive petitions, memorials, remonstrances and communications.

 

 

                     3.  The requirements of paragraph 3 of Rule VI relating to the introduction and consideration of bills shall apply to resolutions.

                     4.  Except as otherwise provided by these rules, resolutions may be adopted by a majority of all the members of the Council.

 

 

                     5.  No resolution shall be considered, unless by a consent of a majority of all the members of the Council, until the same shall have been printed and copies placed on the desks of the members.

 

 

IX.  Reconsideration of Bills

 

 

                     1.  If a bill fails to receive a majority vote of all members of Council, any two (2) members who voted against it may move the reconsideration of such bill at the next stated meeting following the meeting at which the bill was disapproved.  If such motion shall be adopted, the bill shall be placed on the final passage calendar at the next state meeting following the meeting at which the reconsideration motion was adopted.

 

 

X.  Committee of the Whole

 

 

                     1.  It shall at all times be in order, before the final passage of any bill, or resolution, to move its commitment to the Committee of the Whole.  When a motion is carried to go into the Committee of the Whole, the President shall act as chairperson, except for when the Committee of the Whole is sitting as the Committee on Ethics.

 

                     The Committee on Ethics may adopt such rules and regulations as it deems necessary or desirable to effectuate its investigations.

 

 

                     2.  Consideration of the annual Capital Program, Capital Budget, Operating Budget, and School Budget shall be by the Committee of the Whole.

 

 

XI.  Rights of Members in Debate

 

 

                     1.  Members speaking shall address the President, and when presenting a paper shall first state its import.  Members shall not be interrupted when speaking except by a call to order by the President, or by a member through the President, or by a call for the previous question.

 

 

XII.  Rules of Order, Privileged and Subsidiary Motions

 

 

                     1.  When a question is under consideration, no motion shall be received, except for:

 

                                          (a)  adjournment,

 

                                          (b)  the previous question,

 

                                          (c)  to lay on the table,

 

                                          (d)  postponement,

 

                                          (e)  commitment, and

 

                                          (f)  amendment

 

                     These motions shall have preference in the order in which they are above mentioned, and the first three (3) shall be decided without debate.  An indefinite postponement shall be equivalent to a rejection.

 

 

       2. The previous question shall not be moved by less than five (5) members, and shall require the vote of a majority of all the members of the Council to sustain it.  If the call for the previous question be sustained, the question shall be upon pending amendments and the main question in their order, and all incidental questions arising after a motion shall be decided, whether on appeal or otherwise, without debate.

 

       3.  On a call of ayes and nays, the Chief Clerk shall read the names of the members and no member shall be permitted to change their vote after the member has voted, unless he at the time, and before the result is announced, declares that the member voted under a misapprehension.  Members who have not voted can have their names recorded at any time before the result is announced.  A member may submit in writing the member’s vote on any question, which may be placed in the Journal, if so requested by the member.

 

 

4.  Every member present, when a question is put, shall vote on the same unless personally interested, or unless excused from voting at the time the question is about to be put.

 

 

5.  They ayes and nays on any question may be called by two (2) members.

 

 

6.  Rules of parliamentary procedure comprised in Mason’s Manual of Legislative Procedure shall govern the Council in all cases to which they are applicable, and in which they are not inconsistent with the standing rules and orders of the Council.

 

 

                     7.  “Privileged Resolutions” shall consist only of resolutions of commendation, memorialization of other governmental agencies, congratulations and obituary, and shall be placed on the calendar for action on the day of introduction, at the request of a member.

 

 

 

XIII.  Journal

 

 

                     1.  The Chief Clerk shall keep a Journal, which shall be the official public record of the Council, and all proceedings of the Council shall be recorded therein.

 

 

                     2.  Every motion shall be entered into the Journal together with the name of the member making it, unless subsequently withdrawn.

 

 

XIV.  Suspension of Rules

 

 

                     1.  Any rule of Council may be suspended by a majority vote of all the members of Council.

 

 

XV.  Amendment of Rules

 

 

                     1.  No rule may be altered, amended or rescinded except by a majority vote of all the members of the Council, after one (1) week’s written notice of such proposed action.

End