2024 Rules of Council

VILLAGE OF JEROMESVILLE

ASHLAND COUNTY, STATE OF OHIO

2024 RULES OF COUNCIL

 

  1. Meetings
    1. Regular Meetings of the Village Council shall be held on the third Tuesday of each month at 6:00PM in the Council Chamber. Council may, by majority vote, change the day and hour of any regular meeting, or adjourn the same to a day and hour determined by a like vote of the members present if consisting of a quorum. 
    2. Special Meetings of the Village Council shall be called by the Registrar upon either the written request of the Mayor or of (3) three members of the Legislative Authority.
      1. Any such call shall state the subject or subjects to be considered and no other subject shall be considered except upon approval of (5) five members of the Legislative Authority in attendance at such meeting.
      2. (24) Twenty-four-hour notice shall be given in writing to each member of the Legislative Authority by personal service or by delivery at the usual place of residence that such a special meeting is to be held.
  2. Precedence of Law
    1. The order of legal precedence shall be as follows: The Ohio Revised Code, The Jeromesville Municipal Code, The Rules of Council, and Robert’s Rules of Order.
    2. For the purposes of this document, the terms “legislative authority” and “council” are synonymous. 
  3. Attendance
    1. Members of the Legislative Authority shall attend all regular and special meetings of the Council.
    2. Members who must be absent from a meeting shall notify the Mayor or the clerk at least 48 hours prior to the meeting (unless there is an unforeseen emergency) in writing or via electronic mail that they will not be able to attend such meeting. This notification shall be delivered to members present for their consideration of excuse.
    3. A motion shall be in order to excuse members absent from any meeting and must be passed by a simple majority vote of those present.
    4. Unexcused absence from (2) meetings may result in the expulsion of the member upon formal notice of such pending expulsion and hearing of the Legislative Authority. Such expulsion hearings shall be held in special session and no other business shall be conducted or considered.
    5. Members shall attend the entire meeting of the Legislative Authority and shall not leave the session except with the consent of a majority of those present.
  4. Resignation
    1. Any member of Council who desires to resign their term of office shall submit their resignation in writing to the Mayor and Council and such resignation shall take effect when the resignation has been accepted by a vote of the majority of the members present, excluding the person submitting their resignation. The effective date of the resignation is either the date the resignation is accepted by the Council or the date the member indicates in writing that their resignation is effective, whichever is later.
    2. When the office of a member of Council becomes vacant, the vacancy shall be filled by election by Council for the unexpired term. If Council fails to act within thirty days to fill such vacancy, the Mayor shall fill the vacancy by appointment. (RC 731.43) The thirty-day period commences either on the effective date of the member’s resignation, the date of the member’s expulsion or the member’s date of death.
    3. Whenever a vacancy exists in the membership of Council, the Registrar shall notify the local newspaper, post on all public bulletin boards in the Village and on all Village Websites within 5 days that such vacancy exists and that the Mayor and Council will accept applications from qualified citizens who desire to fill the vacancy.
    4. Individual interviews for the position shall be conducted at a special meeting in executive session with candidates called by the Council as a committee of the whole to the thirty-day deadline.
  5. President
    1. The Mayor shall be the President of the legislative authority and shall preside at all regular and special meetings thereof; but shall have no vote except in case of a tie.
    2. At the first regular meeting in January of each year, Council shall immediately proceed to elect a President Pro Tempore from its own members, who shall serve until the first meeting in the January next after his election. When the Mayor is absent from the village or is unable, for any cause, to perform his/her duties, the President Pro Tempore shall be the acting Mayor, and shall have the same powers and perform the same duties as the Mayor.
    3. In the absence of both the Mayor and the President Pro Tempore, the Council shall appoint a temporary chairperson.
    4. The President shall take the Chair at the time appointed for Council to meet and immediately call the members to order; he/she shall determine if a quorum is present, cause the journal of the preceding session to be disposed of and continue on with the prescribed order of business.
    5. The President shall preserve order and decorum and confine members in debate to the question. He/she may, in common with any other member, call a member to order who violates any of the rules, and shall, when in the chair; decide all questions of order, subject to any appeal to Council on the demand of two (2) members. On such appeal, there shall be no debate, but the member making the appeal may briefly state his reason for the same, and the presiding officer shall have the same right to a similar statement. A majority vote of Council shall decide the appeal. The President shall avoid the appearance of partisanship on any question. His/her function is solely to see that the business properly brought before Council is conducted in an orderly manner, and that the members of Council observe the rules of procedure.
  6. Commissions
    1. No later than the first regular meeting of Council after its organization the Mayor shall appoint members to all standing commissions. Standing Commissions are as follows:
      1. Ways & Means Commission
      2. Rules & Administration Commission
    2. A standing commission shall follow Council direction in matters referred to it. It shall normally be expected to investigate or study a given problem or need, taking no decisive action itself but to submit a report or recommendations. A standing commission will assume no direction nor issue orders in conflict with the executive officers of the village or contrary to law, thereby acting in an advisory capacity, reporting to Council for action.
    3. The Chair of the commission, by majority vote, may at any time remove a member of that commission and submit a written request to the Mayor that a new member to serve in place of the member so removed.
    4. The Mayor may from time to time appoint special commissions for limited purposes, subject to a majority vote of Council.
  7. Order of Business
    1. The business of all regular meetings of the Legislative Authority shall be transacted in the following order:
      1. Call to order
      2. Pledge of Allegiance
      3. Roll
      4. Unfinished business
      5. Adoption of the Journal
      6. Adoption of the Consent Agenda
        1. Chairman’s Report
        2. Finance
        3. Administration
      7. Legislation (if any)
      8. New business
      9. Adjournment
    2. The President may, at any time, permit a member to introduce an ordinance, motion, or resolution out of the regular order for the same, unless such ordinance, motion, or resolution is objected to by a majority of the members present.
  8. Voting
    1. The following procedures shall apply to the passage of ordinances and resolutions of a municipal corporation.
      1. Each ordinance and resolution shall be read by title only, provided the legislative authority may require any reading to be in full by a majority vote of its members.
      2. Each ordinance or resolution shall be read on three different days, provided the legislative authority may dispense with this rule by a vote of at least three-fourths of its members.
      3. The vote on the passage of each ordinance or resolution shall be taken by yeas and nays and entered upon the journal.
      4. Each ordinance or resolution shall be passed, except as otherwise provided by law, by a vote of at least a majority of all the members of the legislative authority (4 of 6).
    2. Action by the legislative authority, not required by law to be by ordinance or resolution, may be taken by motion approved by at least a majority vote of the members present at the meeting when the action is taken.
    3. At least four (4) members of the Legislative Authority must be present in order for a quorum to be established.
    4. A quorum must be established for the consideration and passage of all ordinances and resolutions,4 members have to vote affirmative in order to pass(ORC 732.17(A(4).
      1. Except that 5 members must vote in the affirmative to suspend the rule requiring the ordinance or resolution to be read on three separate occasions.
    5. Every Council member present when a question is put shall vote, unless the member notifies the Council of their intention and reason for abstaining before the Council voting begins.
    6. All votes shall be by roll call vote. 
    7. Silence in failing to respond to a roll call vote shall be interpreted as acceptance with the action taken by the majority of those who do vote.
    8. No question concerning the vote of any member will be proper after the vote is called.
    9. The Mayor shall have no veto power, and shall have no vote except in the event of a tie, in which case the Mayor shall have a vote and his/her vote shall have the same legal effect as a vote of a Member of the Legislative Authority.
    10. Any other member who is serving as Chairman shall have the same power to vote as they would otherwise have.
  9. Legislation
    1. Before an ordinance or resolution is adopted, it may be prepared by the Solicitor to ensure it is correct as to form and legality of purpose.
    2. The term “ordinance” refers to the type of action by Council which is of a general or permanent nature, creates a right, grants a franchise, or involves the expenditure of money, the levying of a tax, or authorizes the purchase, lease, sale, or transfer of property. An ordinance provides a rule of conduct and as a law is binding upon the community.
    3. The term “resolution” is used in connection with action of Council in passing legislation generally referred to a declaration of intent or purpose, the authorization of some temporary act or administrative procedure. A resolution may initiate, direct or carry out administrative duties and functions which are granted to Council under statutory laws or municipal ordinances.
    4. All ordinances or resolutions shall be in the hands of Council members at least seven (7) days prior to the meeting in which they are to be considered.
    5. Each Village ordinance or resolution or a succinct summary of each ordinance and resolution and all statements, orders, proclamations, notices, and reports required by law or ordinance to be published, shall be published as follows: (RC 731.25) By posting on the designated bulletin boards and on the Village Website.
    6. Suspension of rules regarding reading of ordinances and resolutions shall be as provided in the Ohio Revised Code (declared an emergency measure). When a motion is properly made and seconded to suspend the rules requiring reading at three (3) meeting dates, no debate shall be permitted on the motion.
  10.  Motions
    1. When a motion is made and seconded, it shall be stated by the President before any debate shall be in order. Any such motion, and any amendment thereof, may be withdrawn by the movers thereof at any time before discussion if a majority of the members then present shall agree thereto.
  11.  Conduct of Discussion
    1. The President may utilize the following rules when exercising his control of the discussion of any ordinance, resolution, or motion:
      1. No member or person shall be permitted to speak longer than five (5) minutes at any one time.
      2. No member or person shall be permitted to speak more than two (2) times for or against the proposition under consideration.
      3. No member or person shall be permitted to speak the second time until all members have been heard at least once.
      4. The President, subject to challenge by Council, may refuse the floor to any member or person where the tactics are obviously dilatory and not in the best interest of Council.
      5. The above rules may be suspended to permit unlimited debate.
  12.  Nonmembers
    1. With visitors present, the Registrar will circulate a register sheet to show the name, address, and reference to the subject matter to be presented, for deposit with the President prior to the Call to Order. Nonmembers will be recognized in the order in which they signed in and under the same terms and conditions applicable to members.
  13.  Adjournment
    1. The motion to adjourn shall always be in order, unless Council is engaged in voting, and the motion to adjourn or to lay on the table as for the previous question shall be decided without debate.
  14.  Public Meetings; Notice
    1. In compliance with the Ohio Revised Code (121.22), all regular and special Council ‘Meetings shall be open to the public, except that those portions of Council meetings declared to be executive sessions, to discuss matters set forth in Ohio Revised Code (121.22(G)1-6), shall not be open to the public. A motion to hold an executive session may be presented either orally or in writing, must state the general terms for the motion, must be seconded and must receive a majority vote of the Council members present.’
    2. All notices of Special Meetings, unless subject to the emergency provisions of the Ohio Revised Code (121.22(F)) shall be in writing unless time does not permit. If time does not permit written notice to be delivered, then such notice shall be communicated verbally.
  15.  Amendments
    1. These rules of Council may be amended or altered or new rules may be adopted, by a vote of at least 4 members at any meeting of Council.

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