ARTICLE V THE COUNCIL: PROCEDURE AND MISCELLANEOUS POWERS AND DUTIES

ARTICLE V
THE COUNCIL: PROCEDURE AND MISCELLANEOUS POWERS AND DUTIES

Section 5.1 Regular Meetings:

The Council shall provide by resolution for the time and place of its regular meetings and shall hold at least one regular meeting each month. An organizational meeting shall be held on the Monday following each regular City election. Notices of all regular meetings shall be posted on the bulletin board in the Municipal Building.

Section 5.2 Special Meetings:

Special meetings shall be called by the City Clerk on the written request of the Mayor, or any two members of the Council, on at least twenty-four 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; provided however, that such written notice shall not be required in case of emergency, where no more than two of the Councilmen cannot be reached in time. A majority of the Councilmen in office at the time, shall be the sole judge of what constitutes an emergency.

Section 5.3 Business at Special Meetings:

No business shall be transacted at a 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 thereto and all the members absent file their written consent, except as provided in Section 5.2 regarding an emergency.

Section 5.4 Council Meeting Open to 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 roles and regulations as the council may prescribe.

Section 5.5 Quorum; Adjournment of Meetings:

A majority of the members of the council in office at the time shall be a quorum for the transaction of business at all 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 City Clerk may adjourn any meeting for not longer than one week.

Section 5.6 Compulsory Attendance and Conduct at Meetings:

Any two 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 reason 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 5.7 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 City 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” and “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 conflicting interest, but on all other questions each member who is present shall vote when his name is called unless excused by 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. The proceedings of the Council, or a brief summary thereof, shall either be published or posted on a bulletin board in the Municipal Building within (10) days following each meeting. Any such summary shall be prepared by the City Clerk and approved by the Mayor and shall show the substance of each separate proceeding of the Council.

E. There shall be no standing committees of the Council.

Section 5.8 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 purposes stated herein, may summon witnesses and cause oaths to be administered and compel the attendance of witnesses and the production of books, papers, and other evidence. Failure to obey such summons or to produce books, papers, and other evidence as orders under the provisions of this section shall, in the case of an administrative officer, constitute misconduct in office and in the case of an employee, a violation of this Charter.

Section 5.9 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 and Safety of the City, and its officers shall possess all powers, privileges and immunities granted to boards of health by statute.