Home > Government > City Charter > Chapter VII

Chapter VII

The Council: Procedure and Miscellaneous Powers and Duties

Section 7.1.  Regular Meetings.

       The Council shall provide by resolution for the time and place of its regular meetings and shall hold at least two (2) regular meetings each month.  An organizational meeting shall be held on Monday following each regular city election.

Section 7.2.  Special Meetings.

       Special meetings shall be called by the Clerk on the written request of the Mayor, or any two (2) members of the Council on at least twenty-four (24) hours' written notice to each member of the Council, served personally or left at his usual place of residence; but a special meeting may be held on shorter notice if all members of the Council are present or have waived notice thereof in writing.

Section 7.3.  Business at Special Meetings.

       No business shall be transacted at any special meeting of the Council unless the same has been stated in the notice of such meeting.  However, any business which may lawfully come before a regular meeting may be transacted at a special meeting if all the members of the Council present consent thereto and all the members absent file their written consent.

Section 7.4.  Meetings To Be Public.

       All regular and special meetings of the Council shall be open to the public, and citizens shall have a reasonable opportunity to be heard under such rules and regulations as the Council may prescribe.

Section 7.5.  Quorum: Adjournment of Meeting.

       A majority of the members of the Council in office at the time shall be a quorum for the transaction of business at all Council meetings, but in the absence of a quorum a lesser number may adjourn any meeting to a later time or date, and in the absence of all members the Clerk may adjourn any meeting for not longer than one (1) week.

Section 7.6.  Compulsory Attendance and Conduct at Meetings.

       Any two (2) or more members of the Council may by vote either request or compel the attendance of its members and other officers of the City at any meeting of the Council.  Any member of the Council or other officer who, when notified of such request for his attendance, fails to attend such meeting for reasons other than confining illness or absence from the City shall be deemed guilty of misconduct in office unless excused by the Council.  The presiding officer shall enforce orderly conduct at meetings, and any member of the Council or other officer who shall fail to conduct himself in an orderly manner at any meeting shall be deemed guilty of misconduct in office.

       Any police officer designated by the presiding officer of the meeting shall serve as the Sergeant at Arms of the Council in the enforcement of the provisions of this section.

Section 7.7.  Organization and Rules of the Council.

       The Council shall determine its own organization, rules and order of business subject to the following provisions:

(a)A journal of the proceedings of each meeting shall be kept in the English language by the Clerk and shall be signed by the presiding officer and clerk of the meeting.

(b)A vote upon all ordinances and resolutions shall be taken by "Yes" or "No" vote and entered upon the records, except that where the vote is unanimous it shall only be necessary to so state.

(c)No member of the Council shall vote on any question in which he has a financial interest, other than the common public interest, or on any question concerning his own conduct, but on all other questions each member who is present shall vote when his name is called unless excused by the unanimous consent of the remaining members present.  Any member refusing to vote except when not so required by this paragraph shall be guilty of misconduct in office.

(d)In all roll call votes the names of the members of the Council shall be called in alphabetical order and the name to be called first shall be advanced one (1) position alphabetically in each successive roll call vote.

(e)The proceedings of the Council, or a brief summary thereof, shall be published within ten (10) days following each meeting.  Any such summary shall be prepared by the Clerk and approved by the Mayor and shall show the substance of each separate proceeding of the Council.

(f)There shall be no standing committees of the Council.

Section 7.8.  Investigations.

       The Council, or any person or committee authorized by it for the purpose, shall have power to inquire into the conduct of any department, office or officer and to make investigations as to matters in which the municipality has an interest.  The Council, for the purpose stated herein, may summon witnesses, administer oaths and compel the attendance of witnesses and the productions of books, papers and other evidence.

       Failure on the part of any officer to obey such summons or to produce books, papers and other evidence as ordered under the provisions of this section shall constitute misconduct in office.  Failure on the part of any employee or other person to obey such summons or to produce books, papers or other evidence as ordered under provisions of this section shall constitute a violation of this Chapter; and such person when found guilty of such violation by a competent tribunal may be punished by a fine not to exceed three hundred ($300.00) or imprisonment not to exceed ninety (90) days, or both, in the discretion of the court.

Section 7.9.  Providing for Public Health and Safety.

       The Council shall see that provision is made for the public peace and health, and for the safety of persons and property.  The Council shall constitute the Board of Health of the City, and it and its officers shall possess all powers, privileges and immunities granted to boards of health by statute.  The Council is authorized to delegate to or to contract with qualified persons or public entities to exercise the powers and perform the duties of the Board of Health of the City.  (As amended 11-5-85)