The regular meetings shall be held in the Council Chambers on the first and third Monday evenings of each month at 6 p.m. If the meeting day falls on a legal holiday, the meeting shall be held on the following day. Council shall recess during the month of August.
Special Meetings of the Council may be called by the Mayor or by the Clerk of Council with the signed consent of any three (3) members of Council, or by a majority vote of Council members elected during a regular or special meeting of the Council.
The Clerk shall notify each Member of Council, the Mayor, Law Director, Auditor, and Treasurer of each special meeting in writing. The letter shall be served personally or delivered to the usual place of residence by the Clerk or a designated city employee not less than twenty-four (24) hours in advance of the special meeting. Notifications may be mailed if delivered to the local Post Office 72-hours in advance of the special meeting. Such notice shall state the date, time and contain a concise statement of the matters to be considered at the special meeting.
No business shall be transacted at any such meeting of the Council except the particular business for which such special meeting has been called.
In the event of an Emergency Meeting, which requires immediate official action the member or members calling the meeting shall notify the news media that have requested notification immediately of the time, place and purpose of said meeting.
The President shall call the meeting to order and follow the order of business as per the proposed agenda. In the absence of the President, the President Pro-Tempore shall preside. In the event that the President and President Pro-Tempore are absent and a quorum is present, Council shall designate a member to preside until the President or President Pro-Tempore arrives.
A majority of Council members shall be considered a quorum to conduct business.
All regular, special and committee meetings shall be open to the public. All minutes and records of the Council shall be open to the public during regular hours of the Clerk of Council Office.
The President and in his absence, the President Pro-Tempore, shall preside over the meetings of the Council and Public Hearings. He may refer matters as provided in the Rules. He shall preserve order and decorum at all times and prevents the impugning of personalities or motives confine debate to the question under discussion and shall decide all points of order subject to an appeal of the Council.
At the organizational meeting, Council shall nominate and elect, by motion and majority vote, a member to serve as President Pro-Tempore.
At its organizational meeting, the Council shall nominate and elect, by motion and majority vote, a Clerk and secretary. The Clerk or secretary shall be required to attend all meetings of Council. The Clerk shall keep all records, files, orders, or any pertinent papers considered public records under the Public Records Act. No person, except for the Clerk of Council or Council Secretary, shall have direct access to the Council vault or any other storage area where official records of the City are kept.
Every member shall be in his seat at the time of Roll Call. Members present may excuse any absent member by a majority vote.
All members present shall vote on all questions upon the call for the vote unless a conflict of interest is present under applicable statutes and Ethics Opinions.
A proportionate reduction in salary may be made for the non-attendance of any member at any regular or special meeting of Council. A majority of Council members may excuse a member from attendance at any regular or special meeting. If excused, no reduction shall be made.
When called by the Council President or Chairman, no member shall be allowed to speak for a period of longer than five minutes at any one time unless permission is granted by the Presiding Officer. No member shall speak more than once on the same matter until each member desiring to speak on the matter has had an opportunity to do so.
When a member desires to address the Council, he shall request permission from the Presiding Officer. Upon receipt of permission, he shall confine his remarks to the question under debate, avoid personalities, and refrain from impugning upon the motive of any other member's argument or vote.
Any member may appeal to the Council any ruling of the Presiding Officer. If an appeal is moved and seconded, the member making the appeal may briefly state his reason for the appeal and then the Presiding Officer may briefly explain his ruling. There shall be no debate on an appeal and no other members shall speak. The Presiding Officer shall then state, "Shall the decision of the Chair be upheld?" If a majority vote is received, the ruling of the Chair shall stand.
At the organizational meeting, the President shall present a slate of proposed members for each Standing Committee. Each Standing Committee shall consist of a Chairman, a Vice-Chairman, and three additional members. The Council shall accept or amend the proposed slate of Standing Committees by a motion, duly seconded, and concurrence of an affirmative majority vote.
A. BUILDINGS AND LANDS: All matters relating to the construction, maintenance, or acquisition of any buildings or lands, lease or sale of any buildings or lands currently owned by the city, and all other matters pertaining to buildings in the city, all matters relating to the city's Building Code, and all zoning regulations.
B. STATE AND FEDERAL PROGRAMS: All matters relating to all State and/or Federally funded programs
C. FINANCE AND CLAIMS: All matters relating to finance.
D. POLICE, FIRE, & LEGISLATION: All matters pertaining to the safety forces; all County, State, and Federal legislation; all matters pertaining to the Courts; and Ordinances and Resolutions not covered by any other committee.
E. PARKS AND RECREATION: All matters pertaining to city parks, public recreation, beaches, our river, harbors, and shores.
F. STREETS AND UTILITIES: All matters relating to streets, sidewalks, utilities, water/water distribution, sewers, sewage disposal, assessments; and matters of water and air pollution.
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RULE 16 - Committee Meetings
A majority of members of the Committee in attendance shall constitute a quorum for the transaction of business. Only members of the Committee shall have voting power on motions put before the Committee. Each Committee shall hold its meetings at such time and place as fixed by the Chairman. The date for all meetings shall be set and announced at regular or special meetings of Council unless deemed an emergency by the Chairman. All matters to be addressed shall be announced by the Chairman and the Chairman shall have the right to require the attendance of City Officials, the Safety/Service Director, and/or Department Heads, as in his/her judgment will be needed to properly dispose of the matter under consideration. In the event the Chairman is absent the Vice-Chairman shall preside.
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RULE 17 - Committee Reports
All committee reports shall be filed in writing by the Clerk of Council and shall be signed by the Chairman of the committee. After said reports have been received and read, the first motion in order shall be the acceptance of the majority report. If the committee report is accepted, legislation shall then be placed on the agenda for consideration by the full Council.
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RULE 18 - Committee-of-the-Whole
The Council may resolve into a Committee-of-the-Whole by a majority vote of members present. The President Pro-Tempore shall preside during the Committee-of-the-Whole sessions. The rules of Council shall be observed and comments from the general public may be heard. No votes shall be taken during a Committee-of-the-Whole.
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RULE 19 - Reports from Directors
Directors are to issue reports to Council in a timely manner. The Clerk will keep records on all matters referred to Directors, Boards, etc.
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RULES GOVERNING PROCEDURE
RULE 20 - Order of Business
The business of all regular meetings of the Council shall be transacted in the following order:
1. Prayer and Pledge of Allegiance
2. Roll call
3. Minutes from Previous Meeting
4. Correspondence from the Mayor
5. Correspondence from Directors, Boards, Commissions, and other Governmental
Agencies
6. Correspondence from the General Public
7. Committee Reports
8. Ordinances & Resolutions
9. Committee Calls
10. Miscellaneous Business and Concerns from Council
11. Adjournment
The President may permit matters to be introduced out of the regular
order for good cause.
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RULE 21 - Votes by Roll Call
Roll Call votes will be required on all Ordinances, Resolutions, and when so ordered by the Presiding Officer or a majority vote of Council members
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RULE 22 - Precedence of Motions
When a question is before the Council, no motion may be entertained
except in the following order:
1. To Adjourn
2. To set the time of Adjournment
3. For the Previous Question
4. To Table the Motion
5. To Refer to a Committee
6. To Amend
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RULE 23 - To Adourn
The Motion to adjourn shall always be in order unless the Council is engaged in voting.
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RULE 24 - Measures to be in Writing
When requested by a member, any motion shall be presented in writing before any action is taken.
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ORDINANCES AND RESOLUTIONS
RULE 25 - Introduction
All legislation shall be introduced by members present with their names endorsed thereon. The Law Director or his assistant shall approve all proposed general legislation prior to submission to the Clerk of Council for placement on the appropriate agenda to be in the manner prescribed by law.
The Clerk of Council must receive the original document along with 13 copies by noon on the Thursday preceding the regular meeting of Council when such legislation is to be considered. In the event of an emergency involving the submission of legislation after expiration of the noon deadline, introduction shall require a motion from the floor and receive an affirmative vote of a majority of Council members to add an item to the agenda.
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RULE 26 - Form of Ordinances
The enacting clause of all Ordinances shall read, "Be it Ordained by the Council of the City of Lorain, State of Ohio". All proposed Ordinances and Resolutions shall be typewritten. No ordinance, resolution or sections thereof shall be revised or amended unless the new legislation contains the entire Ordinance, Resolution or section being revised or amended. The original shall be repealed.
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RULE 27 - Three Readings
No Ordinance or Resolution shall be passed until it has been read on three (3) separate days unless the reading on three separate (3) days has been dispensed with by a three-fourths affirmative vote of Council members. All Ordinances and Resolutions may be read by caption only provided all members have copies.
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RULE 28 - Emergency Legislation
If an emergency Ordinance or Resolution fails to receive a two-thirds affirmative vote, the emergency clause has no force and effect. However, provided the ordinance or resolution receives the statutory number of affirmative votes required for passage, the Ordinance or Resolution shall be deemed approved and become effective at the earliest period provided by law.
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RULE 29 - Appropriation Ordinances
Ordinances making appropriations shall be confined to the subject of the appropriation. No money shall be appropriated unless by ordinance.
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RULE 30 - Amendments
It shall be in order to amend an Ordinance or Resolution at any time, but if amended after the Second Reading, it shall be read again at a Second Reading and laid over for further and final action.
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RULE 31 - Passage or Adoption
All Ordinances, Resolutions, and Rules of Council shall require for their passage or adoption the concurrence of a majority of Council members, unless the law requires a greater number. A Roll Call vote is required and shall be recorded in the minutes.
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ADMINISTRATIVE OFFICERS
RULE 32 - Attendance Required
The Mayor, Safety/Service Director, Law Director, Auditor and Treasurer and/or any Sub-Department Heads Council may request shall be required to attend all regular and special meetings of the Council. They shall be required to answer questions from Council relating to matters of the city under their respective supervision. The Mayor and his Directors may participate in the discussion of all questions before the Council.
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RULE 33 - Reports of City Officers
All Ordinances, Resolutions and communications pertaining to matters that come under the supervision and control of the Mayor and Directors shall, in addition to being referred to the proper committees, also be referred to such respective Administrative Officers for recommendation. All reports from City Officers suggesting or recommending action by Council shall, unless otherwise ordered by the Council, shall be referred to the appropriate committee for consideration.
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RULE 34 - Executive Session
Members may hold an Executive Session only during a regular or special meeting of Council providing the subject matter meets the statutory requirements. Approval to schedule an Executive Session shall be granted by two of the three following parties: President of Council, President Pro-Tempore, the appropriate Committee Chairperson (if applicable) and the concurrence of a majority of Council members by roll call vote. No person, other than Councilmembers and appropriate personnel shall attend an Executive Session unless specifically invited by the President of Council or the President Pro-Tempore.
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RULE 35 - Public Hearings
No Public Hearings shall be scheduled unless a Resolution setting forth the reasons therefore is adopted or is required by state statutes.
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RULE 36 - Privileges of the Floor
No person, except Council members, Administrative Officers, and persons invited by the Presiding Officer shall be admitted within the bar of the City Council Chamber.
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RULE 37 - Violation
If any member, in speaking or otherwise, violates any of these rules, the President shall, or any member may, call him to order. The question of order shall be decided without debate.
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RULE 38 - Smoking
Smoking is prohibited in all City Hall offices in accordance with federal guidelines.
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RULE 39 - Other Rules
Except as provided, Roberts Rules of Order shall govern the proceedings of Council. It shall be the duty of the Presiding Officer to comprehend, adhere too and enforce such rules together with the rules herein set forth.
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RULE 40 - Conduct
All members shall conduct themselves with decorum while in the confines of the Council Chamber. Proper business attire shall be worn at all regular meetings of Lorain City Council. Jeans, work uniforms or athletic attire are not considered appropriate business attire, and the wearing of the same will result in a member being subject to reprimand. Profanity shall also not be tolerated.
Upon the concurrence of a majority vote of Council members, the first violation by a member of Rule 40 shall result in the offending member receiving a verbal warning from the Presiding Officer and, with the concurrence of two-thirds affirmative vote of all Council members, the member may be expelled from the remainder of the meeting after having been notified of the charge(s) against him and an opportunity to be heard. Upon the concurrence of a majority vote of all Council members, any subsequent violation of Rule 40 by a member during a term of office shall result in a 1/26th reduction of annual salary of the offending member.
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RULE 41 - Amendments to Rules
These rules may be amended by a majority vote of Council members at any regular or special meeting of Council. All amendments or new rules adopted by the Council shall be attached to this Resolution.
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RULE 42 - Suspension of the Rules
These rules, where not precluded by state statutes, may be temporarily suspended at any meeting of the Council by a concurrent vote of the majority of all members elected. The vote of such suspension shall be taken by a roll call vote and be recorded in the minutes.
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RULE 43 - Public Records Requests
Public record requests will be promptly prepared and made available for inspection to any person at all reasonable times during business hours of the Clerk of Council Office. The public records policy for the Clerk of Council office is hereby approved and attached as Exhibit A.
Such requests may first be forwarded to the Law Director's Office for review in order to ensure information protected by Federal and/or State law is not disclosed.
Public record requests shall be accommodated as soon as practicable based upon the volume and nature of the requested material and the completion of the legal review, if necessary. Copies of public records shall be provided at a charge of 5¢ per copy after the first five pages and the cost shall be paid in advance.
A copy of the public record may be transmitted through the United States mail. The individual making such request is also required to pay costs associated with the mailing in advance.
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SECTION II. That Resolution No. 1-06 and all other Ordinances, Resolutions, and by-laws in conflict herewith are expressly repealed.
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SECTION III. That it is found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its Committees that resulted in such formal action, were in meetings open to the public and in compliance with all legal requirements, including Section 121.11, Ohio Revised Code.
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SECTION IV. That this Resolution is hereby declared to be an emergency, the nature of which is to adopt rules for the conduct of all meetings of the Council commencing with the first meeting in January following the General Election in order to provide for the health, safety, and welfare of the citizens of the City of Lorain; therefore, this Resolution is declared to be an emergency measure and shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect at the earliest period allowed by law.
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Passed: January 7, 2008 /s/ Kenneth Shawver, President of Council
Attest: Nancy Greer, Clerk of Council; /s/ Anthony Krasienko, Mayor
Approved: January 7, 2008
Forms Calendar Announcements Directory
