CHAPTER 3.08:
Common Council
Section
General Provisions
3.08.010 Common Council as legislative branch; members
3.08.060 Order of business; suspension
3.08.070 Disorderly conduct in Council room
3.08.080 Introduction, adoption of ordinances
3.08.090 Robert’s Rules of Order applicable
3.08.100 Appeal from Presiding Officer’s decisions
3.08.130 Procedure for removal of a Council member
GENERAL PROVISIONS
3.08.010 COMMON COUNCIL AS LEGISLATIVE BRANCH; MEMBERS.
(A) The legislative branch of the city is the Common Council. The Council shall have exclusive authority to adopt ordinances and appropriate tax monies received by the city, and to perform other necessary and desirable legislative functions pursuant to I.C. 36-4-6.
(B) The Common Council shall be composed of five members, four of whom are elected by districts and one of whom is elected at large.
Statutory reference:
Composition of Council, see I.C. 36-4-6-4
(Am. Ord. 13.8.1, passed 8-19-13)
3.08.020 CLERK OF COUNCIL.
The Clerk-Treasurer shall be the Clerk of the Council and shall perform the duties prescribed by I.C. 36-4-6-9 and such other duties as the Council may direct.
3.08.030 MEETINGS.
(A) The regular meeting date and time for the Common Council shall be on the third Monday of each month at 7:00 p.m. Meeting days which fall on a holiday shall be conducted the day following the holiday at 7:00 p.m. or as determined by the Common Council at its previous regularly held meeting.
(B) A special meeting of Common Council may be called by the Mayor upon at least three business days’ notice in writing of the time and purposes of the meeting, such notice to be given by electronic mail. All or any Council members or nonmembers may waive notice in writing of any special meeting, or by signing a copy of the minutes of the meeting.
Statutory reference:
Meetings, see I.C. 36-4-6-7
(Am. Ord. 13.8.1, passed 8-19-13)
3.08.040 PRESIDING OFFICER.
The Mayor, or in his or her absence the President Pro-Tempore of the Common Council, shall be the presiding officer of the Council pursuant to I.C. 36-4-6-8. Meetings shall be conducted pursuant to I.C. 36-4-6-l et seq., and in accordance with this chapter.
Statutory reference:
Presiding Officer, see I.C. 36-4-6-8
3.08.050 AGENDA.
The Mayor, as presiding officer, shall prepare an agenda for each Council meeting. Copies thereof shall be sent via electronic mail to all Council members and furnished to the Clerk-Treasurer at least three business days prior to the meeting date. Items to be placed on the docket shall be delivered to the Mayor or his or her administrative assistant at least five business days prior to the meeting date, except in case of an emergency. (Am. Ord. 13.8.1, passed 8-19-13)
3.08.060 ORDER OF BUSINESS; SUSPENSION.
(A) The order of business to be followed at a meeting of the Common Council shall be as follows:
(l) Call to order by the Mayor.
(2) Roll call by the Clerk- Treasurer.
(3) Pledge of allegiance.
(4) Reading of minutes and approval.
(5) Special presentations.
(6) Reports from committees, boards and commissions.
(7) Unfinished business, including introduction of ordinances and resolutions already introduced.
(8) New business, including the claims, fund report and introduction of ordinances and resolutions.
(9) Miscellaneous business, including any matters not already considered.
(10) Comments from Council members.
(11) Petition or comments by citizens.
(12) Adjournment.
(B) The order of business may be suspended by a two-thirds vote of the Council elected. (Am. Ord. 13.8.1, passed 8-19-13)
3.08.070 DISORDERLY CONDUCT IN COUNCIL ROOM.
(A) No person shall use violent or contemptuous language, behave in a disorderly manner, or refuse to obey the orders of the Mayor or Presiding Officer in the Council Room while the Common Council is in session.
(B) The Mayor or Presiding Officer may order the removal from the Council Room of anyone who intentionally disturbs the decorum of a Council meeting.
3.08.080 INTRODUCTION, ADOPTION OF ORDINANCES.
(A) All ordinances and resolutions shall be filed regularly with the Clerk-Treasurer at least seven business days before a regular meeting, except in emergencies. The Clerk-Treasurer shall, immediately after filing, number the ordinance and deliver copies to the Mayor and work copies to all Council members at least five business days prior to the Council meeting at which it is to be introduced. The Council may waive this rule by a majority vote of those Council members present at any meeting.
(B) All ordinances shall be read two times before being finally passed by the Common Council, but readings may be by title only. Introduction shall be considered first reading, and no ordinance shall be passed on the same day the ordinance is introduced except upon compliance with the provisions of I.C. 36-4-6-13. On passage or adoption of any ordinance the yeas and nays shall be determined by the Mayor and entered into the record by the Clerk-Treasurer, and the ordinance shall be processed in accordance with I.C. 36-4-6-14 through 36-4-6-17.
(C) A majority of the Council members elected shall be present in order to conduct any business of the Council. All ordinances shall be adopted by at least a majority vote of the Council elected as defined in I.C. 36-4-6-11 and 36-4-6-12.
(D) A resolution may be read one time only, and may be passed on the same day on which it is introduced. Resolutions shall be adopted by a majority vote of the Common Council elected as defined by I.C. 36-4-6-11.
(E) All ordinances shall be designated as either general ordinances or special ordinances. A general ordinance is an ordinance which shall have general application throughout the city. A special ordinance is an ordinance which has special application to a particular situation and may not have general application throughout the city; e.g., an annexation ordinance or the declaration of property as obsolete. (Am. Ord. 13.8.1, passed 8-19-13; Am. Ord. 2018.07, passed 11-19-18)
3.08.090 ROBERT’S RULES OF ORDER APPLICABLE.
(A) Robert’s Rules of Order are adopted to govern the proceedings of Council meetings, subject, however, to the terms of the ordinances of the city and state statutes governing such procedure.
(B) Repealed by Ord. 13.8.1. (Am. Ord. 13.8.1, passed 8-19-13)
3.08.100 APPEAL FROM PRESIDING OFFICER’S DECISIONS.
Any member may appeal to the Council any decision of the Presiding Officer. The appeal shall be made by motion duly made and seconded. A majority vote of those Council members elected shall be necessary to overrule the Presiding Officer.
3.08.110 ABSTENTION.
An abstention shall be a neutral vote.
3.08.120 SALARY.
Repealed by Ord. 13.8.1.
3.08.130 PROCEDURE FOR REMOVAL OF A COUNCIL MEMBER.
(A) Any Council member, the Mayor, or any attorney for the City may submit information to the Council concerning a Council member’s violation of an official duty and request that the Council expel the Council member.
(B) Any Council member, the Mayor, or any attorney for the City may submit information to the Council concerning a Council member’s inability to perform the duties of the Council member’s office and request that the Council declare the seat of the Council member to be vacant.
(C) The accused Council member shall be notified in writing as to the nature of the charges and the facts supporting them, which notice shall also be simultaneously filed with the Clerk-Treasurer.
(D) The accused Council member shall have 15 days from the delivery of notice to respond to the notice and charges in writing.
(E) After the accused Council member has provided a written response or the 15-day response period has expired, whichever occurs first, the Mayor, or in the Mayor’s absence, the President Pro Tempore of the Council, shall call a special Council meeting, which shall not be more than 35 days after the delivery of the notice to the accused Council member. The only matter on the agenda shall be to conduct a hearing and hear evidence and argument for and against expulsion or vacating of the Council member’s seat, as the case may be.
(F) An attorney for the City, as designated by the Mayor, shall represent the City against the accused Council member at the hearing.
(G) The Indiana Rules of Evidence shall not apply.
(H) The City and the accused shall have the right to subpoena witnesses and compel their attendance. The accused shall have the right to be represented by an attorney, shall have the right to cross-examine witnesses, and shall have the right to present evidence and make argument. An attorney for the City shall provide assistance to the Council on all procedural and evidentiary matters.
(I) After the evidence has been concluded, the Council shall deliberate in public session. When deliberations are concluded, the issue of expulsion or vacating of the Council member’s seat shall be decided by vote in public session. A two-thirds majority vote of the elected members shall be necessary to expel a Council member or vacate the member’s seat.
(J) The Council shall adopt written findings of facts and conclusions, which shall be delivered to the accused Council member and filed with the Clerk-Treasurer within seven days of the decision.
(K) Upon a decision to expel a Council member or vacate a member’s seat, the accused Council member shall have 30 days from the date the written findings of facts and conclusions are filed with the Clerk-Treasurer to seek judicial review as in other administrative matters. (Ord. 2018.11, passed 12-17-2018)