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CHAPTER 30: COMMON COUNCIL
SECTION
30.01 Council Districts
30.02 Legislative Branch
30.03 Meetings
30.04 Officers
30.05 City Clerk’s Duties
30.06 Sergeant-at-Arms
30.07 Rule I - General Rules of Order; Quorum; Committees
30.08 Rule II - Ordinances
30.09 Rule III - Motions
30.10 Rule IV - Reconsideration
30.11 Rule V - Previous Question
30.12 Rule VI - Order of Business
30.13 Rule VII - Committee of the Whole
30.14 Rule VIII - Decorum and Debate
30.15 Rule XI - Miscellaneous Rules
30.16 Rule X - Amending the Rules
30.01 COUNCIL DISTRICTS
The City of Richmond, County of Wayne, Indiana, shall be divided into six (6)
council districts which shall be numbered, bounded and defined as foll ows:
(a) First District: All that territory lying within the boundaries of the
precincts Wayne 4, 5, 6 19, and 33 and all the territory that may be
subsequently assigned to said district by reason of an annexation ordinance
shall be known as the First District.
(b) Second District: All that territory lying within the boundaries of
the precincts Wayne 7, 8, 10, and 27 and all the territory that may be
subsequently assigned to said district by reason of an annexation ordinance
shall be known as the Second District.
(c) Third District: All that territory lying within the boundaries of the
precincts Wayne 11, 15, 24, 25, 26 and 32 and all the territory that may be
subsequently assigned to said district by reason of an annexation ordinance
shall be known as the Third District.
(d) Fourth District: All that territory lying within the boundaries of
the precincts Wayne 12, 13, 14, 23, and 30 and all territory that may be
subsequently assigned to said district by reason of an annexation ordinance
shall be known as the Fourth District.
(e) Fifth District: All that territory lying within the boundaries of the
precincts Wayne 9, 18, 17, 28, 29, and Center 6, and all the territory that may
be subsequently assigned to said district by reason of an annexation
ordinance, shall be known as the Fifth District.
(f) Sixth District: All that territory lying within the boundaries of the
precincts Wayne 16, 20, 21, 22, and 31 and all the territory that may be
subsequently assigned to said district by reason of an an nexation ordinance,
shall be known as the Sixth District.
That the Council District Map shall become Exhibit A hereof and
incorporated herein by reference. Said Map shall be on file in the Office of
the City Engineer and shall be updated as required upo n the adoption of an
annexation ordinance.
That all questions concerning the exact location of precinct boundary
lines shall be determined by consulting the written precinct boundary
descriptions established and approved by the Wayne County Commissioners .
That any subsequent changes made by the Wayne County
Commissioners in establishing precinct boundaries shall be reviewed by the
Common Council to determine the need to modify the Council Districts
defined herein. (Ordinance No. 70-2012; 68-2002; 61-1990)
30.02 LEGISLATIVE BRANCH
(a) The legislative branch of the City of Richmond 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 des irable
legislative functions. (I.C. 36-4-6)
(b) The Clerk of the City of Richmond, Indiana, 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.
(c) The meetings of the Council shall be conducted pursuant to the applicable
statutes (I.C. 36-4-6-10 through 17) and in accordance with the Rules of the
Common Council as adopted by Ordinance No. 26 -1986, which rules are hereby
re-affirmed and adopted as part of this ord inance and made a part hereof by
reference.
Statutory reference:
Council districts, see I.C. 36-4-6-3
30.03 MEETINGS
(a) The regular meetings of the Common Council shall be held on the first
and third Mondays of each month, at 7:30 P.M., or at the hour set by Council
except when such Monday is a City Holiday, in which case such regular meeting
shall be held on the Tuesday following, at the same hour. Members shall be
seated as determined by the Council President. (Rule change adopted February
6, 1995)
(b) Special meetings of the Council may be held on call by the Mayor, the
President, or the Vice-President, or by any five members of Council. In case of a
call for a special meeting, it shall be the duty of the person or persons authorizing
it to notify the City Clerk. It shall be the duty of the City Clerk to notify each
member personally or to leave a notice at his place of residence. The notice
must be served at least 48 hours prior to the time set for the meeting. (Rule
change adopted August 7, 1995)
(c) At any special meeting of Council, only such ordinances or resolutions
shall be considered or acted upon, or such communications received, as are
expressly stated in the call for the special meeting. However, consideration and
action may be taken on other matters by consent of two -thirds of the members of
the Council.
30.04 OFFICERS
(a) The President, or the Vice-President in the absence of the President, shall
be the presiding officer of the Council. However, in the absence of both th e
President and the Vice-President at any meeting of the Council, the Council
shall, on motion, appoint one of its members as presiding officer, who shall hold
the position for and during the meeting. He or she shall have all the authority
and power vested in the duly elected President or Vice-President.
(b) The President shall appoint all Special or Select Committees of Council
unless Council shall, by a resolution or ordinance, prescribe another method of
appointment.
(c) The presiding officer shall be designated and addressed as “President”.
30.05 CITY CLERK’S DUTIES
(a) It shall be the duty of the City Clerk to keep an accurate journal of
the proceedings of Council. He or she shall arrange a roll call of the
members in the order of their seating. (Rule change adopted August 7,
1995)
(b) He or she shall be responsible for the sending of an agenda and all
necessary papers to Council members at least two days preceding a
Council meeting.
30.06 SERGEANT-AT-ARMS
The Sergeant-at-Arms, who shall be a member of the City Police Department, shall
preserve order, and shall act pursuant to the directions of the presiding officer. It shall
be his or her duty to prohibit smoking in the Council Chamber while Council is in
session.
30.07 RULE I - GENERAL RULES OF ORDER; QUORUM; COMMITTEES
(a) The general rules of parliamentary law, according to Robert’s Rules of
Order, so far as applicable, are to be considered the rules of Council, unless they
conflict with any of the rules herein prescribed. The Ci ty Attorney shall be
deemed the parliamentarian of the Council.
(b) A quorum shall consist of a majority of all members, but no ordinance,
order or resolution shall be passed or ordinance engrossed which shall not have
received the votes of a majority of all members constituting the Council.
(c) No person, other than a duly elected member of Council, shall be
permitted to address the Council unless recognized by the presiding officer,
excepting however, when authorization is given by a two -thirds consent of the
members present. Any person addressing the Council shall rise, state his name
and address to the Clerk, and shall confine his remarks to the subject matter
under discussion.
(d) No smoking, eating or drinking shall be allowed in the Council Ch amber
while Council is in session.
(e) The presiding officer shall designate whether any question is carried by an
affirmative or negative vote, but, if in doubt as to the result, he or she shall have
the right to have the vote taken again by a roll call vote. Any member of Council
may call for a division. As soon as a division is called for, the presiding officer
shall then proceed to take the vote by a roll call vote. In the case of a roll call
vote, the Clerk shall call the roll, and shall announce to the presiding officer the
number voting in the affirmative and the number voting in the negative.
(f) (1) The Standing Committees of the Council shall be appointed by the
President and shall consist of the following committees:
(A) Transportation Committee
(B) Parks and Recreation Committee
(C) Public Safety Committee
(D) Community Development and Community Service
Committee
(E) Public Works and Sanitation Committee
(F) Finance Committee
(2) The President shall appoint a member from Council to the following
organizations:
(A) Reid Hospital and Health Care Services Board of Trustees
(B) Richmond Board of Parks and Recreation
(C) Wayne County Arts Consortium
(D) Animal Welfare League
(E) Board of Aviation Commissioners
(F) Urban Enterprise Association (Enterprise Zone Board)
(G) Community Services Council
(3) A member of Council shall be elected by Council to the City Plan
Commission.
(g) The duties of the Standing Committees shall be the same as in legislative
bodies, except as herein modified or changed. The Standing Committees shall
make studies and recommendations concerning ordinances having to do with
matters in their general area.
(h) Ordinances making the annual budget and tax levy and those making
annual appropriations to meet the several items of expense that are
appropriately chargeable against the city, shall be considered by the Committee
of the Whole. All other matters relating to the raising of revenues or claims may
also be reported to the Council acting as the Committee of the Whole.
30.08 RULE II - ORDINANCES
(a) Classes of ordinances
(1) Ordinances shall be of three distinct classes:
(A) First, appropriation ordinances
(B) Second, special ordinances, pertaining to special matters
(C) Third, general ordinances, relating to the government of the
city
(2) The Clerk shall keep each class of ordinances in distinct files,
according to the number of their reading, and shall give each ordinance of
each class a distinct number in the order of its introduction, and shall
place the files on the Clerk’s desk at the opening of each meeting.
However, no ordinance or resolution shall be presented to Council unless
the ordinance or resolution has been placed in the hands of the City Clerk
no later than 12:00 noon on the Wednesday preceding Council meeting.
(b) No ordinance shall be permitted to be introduced to the Council unless it is
presented to Council by a member of Council. All ordinances which require
action by Council by existing law or in exercising the Administrative function of
government are considered to be sponsored by the President of Council.
(c) The City Clerk shall, on receipt of a proposed ordinance, send a copy of
the proposed ordinance to each member of Council for inspectio n at least two
days before the next Council meeting.
(d) The vote on an ordinance or resolution on suspension of the rules, and
motions to reconsider, must be by roll call vote. Any two members may call for
the ayes and nays on any question or motion. Any member may call for a
division of a question when the sense will admit of it.
(e) Each ordinance shall be read through by title and the sections on
introduction and the ordinance shall then be referred by the President to the
proper committee or to the Committee of the Whole. However, with the
unanimous consent of the members of Council in attendance, any ordinance
may be read on first reading by title only.
(f) After introduction of an ordinance, the ordinance shall not be considered
for a second and final reading until the next scheduled meeting, or at a special
meeting called pursuant to Rules of Council, unless this rule be suspended by
unanimous consent, and then only in case there are present and voting at least
two-thirds of all the members of the Council.
(g) Each ordinance shall be read by title only on second reading and final, at
which time it shall be open for amendments. The next question will be on
ordering it engrossed. No amendment, except to strike out, shall be in order
after the engrossment of an ordinance, unless by unanimous consent.
(h) After engrossment, any member of Council may make a motion to call the
vote for approval or other disposition of the ordinance.
(i) A two-thirds (2/3) vote of all the elected members after unanimous
consent of the members present to consider the ordinance is required to pass an
ordinance of the legislative body on the same day or at the same meeting at
which it is introduced.
(j) An ordinance may be stricken from the files at any time by a vote of two-
thirds of all members of Council, or by a majority vote after the ordinance shall
have passed second and final reading.
(k) Any ordinance failing to receive a majority vote upon engrossment will be
considered as still in its second reading and final and awaiting engrossment,
unless stricken from the files or otherwise disposed of by order or permission of
the Council.
(l) An ordinance failing to receive a sufficient number of votes on final
passage will be considered as lost and stricken from the files, provided that the
vote is not reconsidered within the time limit and manner authorized by Section
30.10.
(m) An amendment to an ordinance may be referred, delayed, or otherwise
disposed of, without delay or prejudice to the ordinance itse lf.
(n) Ordinances reported back to the Council by Committees or officers will
take their proper place on first or second reading.
(o) Ordinances, resolutions, and reports may be committed and recommitted
at the pleasure of the Council.
(p) When any subject is referred to a Standing Committee or Special
Committee, the member introducing it shall be a member of the committee
during its deliberations thereon, but shall have no power to vote. He or she shall
be notified by the Chairman of the committee of the time and place of meeting of
the committee.
(q) All reports from committees shall be made in writing or verbally. All
committees, including the Committee of the Whole, shall report on it to the
Council not later than the second regular meeting after the ordinance is
introduced and referred, provided, that the Council may, at is discretion, extend
the time for making the report.
(r) After an ordinance, order or resolution passed by the Council has been
signed by the presiding officer, the Clerk shall present it to the Mayor, and record
the time of the presentation. (I.C. 36-4-6-15) Within 10 days after an ordinance,
order or resolution is presented to him, the Mayor shall either approve the
ordinance, order or resolution by signing it and sending the Council a message
announcing his approval, or veto the ordinance, order or resolution by returning it
unsigned to the Council with a message announcing his veto and stating his
reasons for the veto. The Mayor may approve or veto separate items of a n
ordinance appropriating money or levying a tax. If the Mayor fails to act
hereunder, the ordinance, order or resolution is considered vetoed. Whenever
an ordinance, order or resolution is vetoed by the Mayor, it is considered
defeated unless the Council, at its first regular or special meeting after the 10 day
period prescribed herein, passes the ordinance, order or resolution over his veto
by a two-thirds vote. (I.C. 36-4-6-16) After an ordinance, order or resolution has
been signed by the Mayor, it shall be attested by the Clerk and placed in the
official records of the Common Council.
(s) After the call of ayes and nays has been answered to by any member, it
shall not be in order for any member to offer any remarks except in explanation
of his vote, and no explanation shall be in order under the operation of the
previous question, or motion to lay on the table.
(t) No ordinance which has failed to receive a sufficient number of votes on
final passage or which has been stricken from the files shall be permitted to be
reintroduced nor shall it be considered again by this body for a period of at least
one year after the ordinance has been so stricken from the files. However, any
ordinance may be reintroduced or reconsidered at any time by a two -thirds vote
of the members of Council.
(Ord. 38-2020)
30.09 RULE III - MOTIONS
(a) When any motion is made and seconded, it shall be stated by the
presiding officer, or being in writing, it shall be handed to the Clerk and read
aloud before debate, and shall be entered on the journal with the name of the
member making it, unless it is withdrawn at the same meeting.
(b) Every motion shall be reduced to writing, except to adjourn, to adjourn on
a certain day, to lay on the table, to postpone to a certain day, to postpone
indefinitely, to commit, to amend, to suspend the rules, to concur. Every other
motion not so reduced to writing shall, upon the objection of any member, be
considered out of order.
(c) A motion to lay on the table or for the previous question shall not be in
order if prefaced by any speech or remarks.
(d) Any motion or resolution which in effect contemplates a violation of law, or
is in conflict with any ordinance, will be ruled out of order.
(e) A motion to adjourn which has been defeated, cannot be repeated unless
other business has intervened between the motions.
(f) A motion to adjourn cannot be reconsidered.
(g) Any matter laid on the table may be taken up by a vote of the Council at
any time. However, a motion to reconsider once laid on the table cannot be
again taken up.
(h) A motion to reconsider, and a motion that when the Council adjourns, it
adjourns to meet on a certain day, are privileged questions, and are not
debatable.
(i) A business, which by law or necessity, must, or should be, transacted
within or by a certain time, will be considered a privileged question.
(j) A motion to suspend the rules is a privileged question, not debatable, and
cannot be amended, except by acceptance of the mover.
30.10 RULE IV - RECONSIDERATION
(a) When a question has once been decided in the affirmative or negative,
any member voting with the majority may move a reconsideration thereof on the
same or the next regular meeting. However, no such resolution shall be
introduced at the next or subsequent meeting, unless the same member
intending to make it shall have given written notice of this intention at the meeting
at which the vote he desires to have reconsidered was taken.
(b) A resolution, once adopted, may be rescinde d by subsequent resolution,
and ordinances passed may be repealed by subsequent ordinances.
30.11 RULE V - PREVIOUS QUESTION
A Motion calling for the previous question shall shut-off debate and requires a two-thirds
majority of the members present for passage. Until decided, such motion precludes all
other motions except separate motions for the previous question on pending
amendments to the main question.
30.12 RULE VI - ORDER OF BUSINESS
(a) The following order of business shall be observed by the Common Council
at its meetings:
(1) Call the meeting to order
(2) Devotions
(3) Call of the roll and note absentees
(4) Reading and correction of the journal of the previous meeting
(5) Time for presenting of petitions, memorials, or remonstrances, and
introductions, motions, resolutions, and so forth. These must be in
writing and must be submitted to the City Clerk’s office before noon
on the Wednesday prior to the meeting.
(6) Communication from the Mayor
(7) Report of the Board of Public Works and Safety
(8) Special reports from city departments if requested and placed upon
the agenda
(9) Reports from standing committees
(10) Reports from special committees
(11) Introduction of miscellaneous business
(12) Introduction of ordinances on first reading
(13) Ordinances on second reading and public hearing (awaiting
engrossment)
(14) Ordinances awaiting engrossment (public hearing previously
closed).
(15) Ordinances engrossed (awaiting disposition)
(16) Unfinished business
(17) Call for adjournment
(b) The reading of the journal may be dispensed with at any time by a majority
vote of Council.
(c) Special orders may be taken up immediately after Reports from Special
Committees, if so ordered by Council.
(d) The Council may return to any order of business after the call of the
regular order of business, by a majority vote of Council or at the discretion of the
President.
(Ord. 38-2020)
30.13 RULE VII - COMMITTEE OF THE WHOLE
(a) In forming a Committee of the Whole Council, the presiding officer, if
leaving the Chair, shall appoint a chairman to preside.
(b) When an ordinance is committed to the Committee of the Whole Council,
the ordinance shall be read by the Chairman or the Clerk, and debated by
sections or clauses. The body of the ordinance shall not be defaced or
interlined, but all amendments, noting the line and page, shall be duly entered by
the Chairman or Clerk on a separate paper as it shall be agreed on by the
Committee, and so reported to Council. After report, the ordinance shall again
be subject to debate and amended by clauses before a question to engross it is
taken.
(c) The rules of procedure in Council shall be observed, as well as
parliamentary law, in a Committee of the Whole Council, as far as they ma y be
applicable, except the rule limiting the time of speaking, but no member shall
speak more than twice on any question until every member choosing to speak
has spoken.
30.14 RULE VIII - DECORUM AND DEBATE
(a) When any member is about to speak or deliver any matter to the Council,
he or she shall request recognition by the Chair and shall confine himself or
herself to the question in debate, avoiding personalities. The Chair shall not
recognize any member as in order unless he or she shall be in his or her
assigned place.
(b) No member may speak more than twice on the same question without
leave of the Council, no more than once until every member choosing to speak
has spoken. All speeches shall be limited to five minutes unless further time is
granted by Council. Answering questions is not to be considered as part of the
speaker`s time.
(c) When two or more members request recognition at once, the presiding
officer shall decide which shall speak first.
(d) When the presiding officer is putting the question or addressing speaking,
no member shall engage in private discourse, or walk across or leave the room
unnecessarily.
(e) No member shall impugn the motive of another member of the Council.
(f) Any member may change his vote before the announcement of the result
by the Chair. Every member must vote on every question unless excused from
voting by a majority of the members present.
(g) If any member in any way transgresses the rules of Council, he or she
shall be subject to a point of order request by any other member, in which case
the alleged offender shall immediately take his or her seat unless permitted to
explain. If the question of order is decided against him or her, he or she shall be
liable, if the case requires it, to the cen sure of the Council. If the decision be in
his or her favor, he or she shall be at liberty to proceed.
30.15 RULE IX - MISCELLANEOUS RULES
(a) When the reading of any paper is called for, if objections are made, it shall
be decided by Council, and no paper shall be read if objected to without the
consent of the Council.
(b) No matter or proposition on a subject different from that under
consideration shall be admitted under color of an amendment.
(c) When any matter is postponed indefinitely, it shall not again be voted on
during that or the next two succeeding meetings.
(d) When the roll of members is called for the purpose, the members shall
have the privilege of presenting petitions, memorials, communications, or
remonstrances, or of offering motions or resolutions. After the call has been
made it shall not be in order for any member to present any petition, memorial,
communication, or remonstrance or offer any motion or resolution during the
evening until the call of unfinished business is reached. However, nothing herein
contained shall be construed to prohibit any member from offering any motion on
any pending matter at any time, if it is declared by the chair to be in order.
(e) When any matter is left upon the table for more than sixt y days, it shall be
considered at the first meeting following for action.
30.16 RULE X - AMENDING THE RULES
These rules may be amended or annulled by a majority vote of all the members of the
Common Council. All proposed amendments to the rules shall be referred to the
Ordinance Committee without debate, and the Committee shall have the right to report
at any time, and may at any time report any change in the rules, provided that no vote
on any amendment or resolution to annul shall be taken until at l east two weeks notice
shall be given of the intended action. (Ord. 26-1986)
04/08/2013