Villa Park Municipal Code Art. 2-3 Rules of Order for Conduct of City Council Meetings

Promptly at the hour set by law on the day of each regular meeting, the members of the City Council, the Mayor, the City Manager, the City Clerk and the City Attorney unless previously excused by the Mayor, shall take their regular stations in the Council Chambers and the business of the City Council shall be taken up for consideration and disposition in the order as set forth by resolution.

(Ord. #82-323, § 11; Ord. #87-356, § 1; Ord. #2015-591, § 1)

The Mayor, or in their absence, the Mayor Pro Tempore, shall be the presiding officer, and shall assume their place and duties as such immediately following election. The Mayor shall preserve strict order and decorum at all meetings of the City Council, state questions coming before the City Council, announce its decision on all subjects and decide all questions of order; subject, however, to an appeal to the City Council as a whole, in which event a majority vote of the City Council members present shall govern and conclusively determine such question of order. The Mayor shall vote on all questions, and on roll call, their name shall be called last. The Mayor shall sign all ordinances and resolutions adopted and contracts approved by the City Council at meetings at which the Mayor is in attendance. In the event of the Mayor's absence, the Mayor Pro Tempore shall sign such documents as have been adopted and approved during the meeting at which they presided.

(Ord. #82-323, § 12; Ord. #87-356, § 1; Ord. #2015-591, § 1)

The Mayor, or in their absence, the Mayor Pro Tempore, shall call the City Council to order. In the absence of the Mayor and the Mayor Pro Tempore, the City Clerk or assistant shall call the Council to order, whereupon a temporary chairperson shall be elected by the Councilmembers present. Upon the arrival of the Mayor or the Mayor Pro Tempore, the temporary chairperson shall relinquish the chair at the conclusion of the business then before the City Council.

(Ord. #82-323, § 13; Ord. #87-356, § 1; Ord. #2015-591, § 1)

Before proceeding with the business of the City Council, the City Clerk shall call the roll of the Councilmembers, and the names of those present shall be entered in the minutes.

(Ord. #82-323, § 14; Ord. #87-356, § 1; Ord. #2015-591, § 1)

A majority of the City Council constitutes a quorum for the transaction of business. When there is no quorum, the Mayor, Mayor Pro Tempore, or any Councilmember shall adjourn such meeting, or if no Councilmember is present, the City Clerk shall adjourn the meeting.

(Ord. #82-323, § 15; Ord. #87-356, § 1; Ord. #2015-591, § 1)

The minutes of the City Council shall be kept by the City Clerk and shall be neatly typewritten in a book kept for that purpose, with a record of each particular type of business transaction set off in paragraphs, with proper subheads; provided, that the City Clerk shall be required to make a record only of such business as was actually passed by a vote of the City Council, and may at the direction of the City Council include a summary of Councilmember remarks and those of any other person addressing the City Council.

As soon as possible after each City Council meeting, the City Clerk shall cause a copy of the minutes thereof to be forwarded to each Councilmember, the City Manager, the City Attorney and the department heads.

(Ord. #82-323, § 16; Ord. #87-356, § 1; Ord. #2015-591, § 1)

Unless the reading of the minutes of a City Council meeting is requested by a Councilmember, such minutes may be approved without reading if the City Clerk previously has furnished each Councilmember with a copy thereof stamped "draft." Nothing may be added to the minutes; except that they may be amended by a majority vote of the City Council members to reflect correctly the business of the City Council at such meeting.

(Ord. #82-323, § 17; Ord. #87-356, § 1; Ord. #2015-591, § 1)

a. Presiding Officer May Debate and Vote. The presiding officer may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all Councilmembers, and shall not be deprived of any of the rights and privileges of a Councilmember by reason of their acting as the presiding officer.

b. Interruptions. A Councilmember, once recognized, shall not be interrupted when speaking unless it is to call him/her to order as herein otherwise provided. If a Councilmember, while speaking, is called to order, he/she shall cease speaking until the question of order is determined to proceed.

c. Getting the Floor; Improper References To Be Avoided. Every Councilmember desiring to speak shall address the chair, and upon recognition by the presiding officer, shall confine themselves to the question under debate, avoiding all personalities and indecorous language. At the discretion of the presiding officer, the time period for a councilmember to speak may be extended.

d. Motion to Reconsider. Motion to reconsider any action taken by the City Council may be made only at the same meeting in which such action was originally taken. Such motion must be made by one of the prevailing side, but may be seconded by any Councilmember and may be made at any time and shall have precedence over all other motions, except while a Councilmember has the floor. It shall be debatable. Nothing herein shall be construed to prevent any Councilmember from making or remaking the same or other motion at a subsequent meeting of the City Council.

e. Disqualification and Abstention. No City Councilmember shall be permitted to disqualify themselves and abstain from voting unless such disqualification shall have been approved by the City Attorney in the public portion of a meeting or by the unanimous vote of the remainder of the City Council present, or unless as otherwise required by law. Unapproved disqualifications and abstentions shall be counted by the City Clerk as an affirmative vote. This subsection will not apply at the time of reorganization of the City Council.

f. Tied Votes Deemed Denial. All tie votes shall be deemed to be denials.

g. Silence Constitutes Affirmative Vote. Unless a Councilmember states that he/she is not voting, their silence shall be recorded as an affirmative vote.

h. Rules of Order. Except as otherwise provided in this section, the latest edition of "Robert's Rules of Order, Revised" shall govern the conduct of the meetings of the City Council. However, no ordinance, resolution, proceeding or other action of the City Council shall be invalidated, or the legality thereof otherwise affected, by the failure or omission to observe or follow such rules.

(Ord. #83-323, § 18; Ord. #87-356, § 1; Ord. #2015-591, § 1)

a. Securing Permission; Right to Address Council. Any person desiring to address the City Council shall first secure the permission of the presiding officer to do so; provided, that under the following headings of business, unless the presiding officer rules otherwise, any qualified and interested person shall have the right to address the City Council upon obtaining recognition by the presiding officer.

b. Staff Reports. Interested parties or their authorized representatives may address the City Council with regard to written communications referred to in the report of the City Manager or any department head.

c. Group of Persons Addressing Council. Whenever a group of persons wishes to address the City Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesperson be chosen by the group to address the City Council, and in case additional matters are to be presented at the time by any other member of such group, to further request the number of persons addressing the City Council be limited, so as to avoid unnecessary repetition before the City Council.

(Ord. #82-323, § 19; Ord. #87-356, § 1; Ord. #2015-591, § 1)

a. Public Comment and Items From Members. During the Public Comment item of the agenda, any member of the public may address the City Council on items of interest to the public not on the agenda that are within the subject matter jurisdiction of the City Council. It must be emphasized that no action may be taken on such matters without being placed on a subsequent agenda and members of the City Council should refrain from discussing the merits or giving directions concerning such subjects.

b. Limitations. The Public Comment period shall be limited to no more than thirty (30) minutes for all speakers, to be apportioned among all speakers who request time. Any persons not having the opportunity to speak during the thirty (30) minutes allotted for public comment shall be provided the opportunity to speak at the end of the Council meeting. No single speaker shall be allotted more than five (5) minutes to address the City Council on any one (1) agenda item. These time limitations may be waived by the Mayor subject to the approval of the City Council.

c. Procedure.

1. Upon addressing the City Council, each speaker is requested to state his or her name and address, and then identify the subject or subjects upon which he/she intends to speaker.

2. At the close of the speaker's comments, the Presiding Officer may ask staff to respond to the speaker's comments. Thereafter, the Presiding Officer shall make one of the following determinations:

(a) The subject(s) raised do not require investigation or response.

(b) The subject(s) raised should be referred to staff for investigation and/or response.

(c) The subject(s) raised should be placed on the agenda for the next meeting for action by the City Council.

(d) Such other determination consistent with State law.

d. Other Agenda Matters. In addition to receiving comment from the public during the Public Comment period, the presiding officer shall recognize persons from the audience who wish to address the City Council on a particular agenda item; at the time that item is considered by the City Council.

e. Items From Members. In addition to receiving comment from the public, there is a specific item on the agenda for receiving general comments, announcements, and/or suggestions from Members of the City Council. These matters may not be discussed and if they do not concern an item on the agenda, shall be handled by the Presiding Officer according to the same procedures set out for Public Comment in this subsection 2-3.10. It must be emphasized that no action may be taken on such matters without being placed on a subsequent agenda.

(Ord. #87-356, § 1; Ord. #2015-591, § 1)

Matters which are required to be heard in a noticed public hearing shall be conducted in the following manner:

a. Time for Consideration. Matters noticed to be heard by the City Council shall commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and shall continue until the same has been completed or until other disposition of the matter has been made.

b. Continuance of Hearings. Any hearing being held or noticed or ordered to be held by the City Council may, by order or notice of continuance, be continued or recontinued to any subsequent meeting in the manner provided for adjourned meetings.

c. Conduct of Hearing. When a matter for public hearing comes before the City Council, the presiding officer shall open the public hearing. Upon opening the public hearing the presiding officer shall request that staff present the staff report and any other relevant evidence, but the presentation of the staff report prior to the formal opening of the public hearing shall not prevent its consideration as evidence. Any such evidence shall be made a part of the record of the public hearing. The presiding officer shall thereupon inquire if there are any persons present who desire to address the City Council on the matter. Any person desiring to speak or present evidence shall then make his or her presence known to the presiding officer, and upon being recognized, may speak or present evidence relevant to the matter being heard. No person may speak without first being recognized by the presiding officer. Members of the City Council who wish to ask questions of the speakers or each other, during the public hearing portion, may do so. Members should be mindful that the purpose of the public hearing is to obtain testimony, and not to debate the merits of the item under consideration. Members should avoid debate and expressions of personal opinion until after the close of the public hearing. The presiding officer shall conduct the hearing in such a manner as to afford due process to all affected persons.

All persons interested in the matter being heard by the City Council shall be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented shall be retained by the City Clerk as part of the Clerk's record. Prior to declaring the public hearing open, the presiding officer may establish a time limit for the entire public hearing, or establish time limits for the presentation of each individual speaker.

Upon closing of the public hearing by the presiding officer, no additional public testimony shall be solicited or received by the City Council without reopening the public hearing.

(Ord. #87-356, § 1; Ord. #2015-591, § 1)

a. By Councilmembers. While the City Council is in session, the members shall preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceeding or the peace of the City Council, nor disturb any member while speaking or refuse to obey the orders of the City Council or the presiding officer, except as otherwise herein provided.

b. By Other Persons. Any person, while in attendance at any City Council meeting, who makes personal, impertinent or slanderous remarks, or who uses profane language or language tending to bring the City Council or any of its members of any official of the City into contempt, or any person who interrupts any proceeding of the City Council or refuses or fails to be seated or keep quiet when ordered to so by the presiding officer, shall be guilty of a misdemeanor and punishable by a fine not to exceed one hundred dollars ($100.00) or by imprisonment in the City or County jail for a period not to exceed ten (10) days, or by both such fine and imprisonment. Upon instructions of the presiding officer, it shall be the duty of any police officer present to eject any such person from the Council Chamber or place him under arrest, or both.

(Ord. #82-323, § 20; Ord. #87-356, § 1; Ord. #2015-591, § 1)

Footnotes:

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Formerly, § 2-3.10.

A roll call vote shall be taken upon the passage of all ordinances, resolutions and orders for the payment of money, and be entered in the minutes of the proceedings of the City Council. Upon request of any Councilmember, a roll call vote shall be taken and recorded on any vote. Whenever a recorded or roll call vote of the City Council is in order, the City Clerk shall call the names of the members in roll call order.

(Ord. #82-323, § 21; Ord. #87-356, § 1; Ord. #2015-591, § 1)

Footnotes:

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Formerly, § 2-3.11.

A motion to adjourn always shall be in order, and shall be decided without debate.

(Ord. #82-323, § 22; Ord. #87-356, § 1; Ord. #2015-591, § 1)

Footnotes:

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Formerly, § 2-3.12.

a. Requirement of Written Demand. Prior to any person's commencing a judicial action for injunction or mandamus to declare any action taken by the City Council void because of failure to observe Brown Act requirements, such person must first serve upon the City Clerk a written demand describing the alleged violation and demanding corrective action. Such demand must be served upon the City Clerk within thirty (30) days of the action so complained of.

b. Consideration of Corrective Action. Upon receipt of such a demand, consideration of the demand shall immediately be placed on the agenda for the next meeting of the City Council. If the demand is received less than seventy-two (72) hours prior to the time set for the next meeting, the City Council may determine that the notice constitutes the initiation of litigation, and that the need to take action on the threatened litigation arose subsequent to the posting of the agenda, and may consider it at that meeting pursuant to subsection 2-2.9 above. A description of any item so placed on the agenda shall include both consideration of the demand, and the possibility of corrective action by the City Council.

In considering such demands, the City Council shall first determine by motion whether corrective action should be taken. If no motion to take corrective action is carried the City Clerk shall inform the demanding party in writing of the City Council's decision not to cure or correct the challenged action.

c. Implementing Corrective Action. If a motion to take corrective action passes, the presiding officer may entertain a motion implementing corrective action. Any motion implementing corrective action shall address the concerns raised in the consideration of corrective action. The motion implementing corrective action may include a motion to rescind prior action taken, as appropriate. Passage of a motion to rescind invalidates prior action only as of the time of the passage of the motion, and not from the date of the initial action. A motion implementing corrective action resulting from a written demand is out of order if the action complained of: (a) was in connection with the sale or issuance of notes, bonds or other evidences of indebtedness, or any contract, agreement or incident thereto; (b) gave rise to a contractual obligation upon which a party has, in good faith, detrimentally relied; or (c) was taken in connection with the collection of any tax. In any event, the City Council shall notify the party making the demand in writing of its decision to take corrective action, and shall describe any corrective action taken. This notice shall be given to the demanding party as soon as possible after the meeting, but in no event more than thirty (30) days after receipt of the demand.

(Ord. #87-356, § 1; Ord. #2015-591, § 1)