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Rules and Procedures

City Council Rules of Procedures (Amended April 2013) Ordinance Number 121-04-13

   Rules and Procedures

  1. The ordinance establishing the Mayor/Aldermanic form of government for the City of Springfield provides that the City Council (hereinafter the "Council") shall determine its own rules of procedure for meetings. The following set of Rules shall be in effect upon their adoption by the Council and until such time as they are amended or new Rules are adopted in the manner provided by these Rules.
  1. Open Meetings. All official meetings of the Council shall be open to the public except as otherwise provided for by the Illinois Open Meetings Act.
  2. City Clerk. The City Clerk (hereinafter the “Clerk”) shall attend all regular, special, and executive meetings of the Council unless excused, and shall keep the official journal (minutes) and perform such other duties as may be requested by the Council. The Clerk shall keep an account of all public proceedings of the Council, which shall be entered in a book constituting the official record of the Council. The journal of public proceedings shall be open to public inspection.
  3. Quorum. A majority of the members of the Council or committee then holding office shall constitute a quorum and be necessary for the transaction of business. If a quorum is not present, those in attendance will be named and they shall adjourn to a later time.
  4. Compelling Attendance. The Council may adjourn from day-to-day to compel the attendance of absent members.
  5. Corporation Counsel. The Corporation Counsel shall attend all meetings of the Council unless excused and shall, upon request, give an opinion, either written or oral, on questions of law. The Corporation Counsel shall act as the Council’s parliamentarian.
  6. Officers and Employees. Department heads of the City shall attend the Council meetings when there is pertinent business from their departments on the Council agenda.
  7. Rules of Order. On all points of order not herein specifically provided for by these Rules, Robert’s Rules of Order is hereby adopted and made the law governing the deliberation of the Council and committees of the Council.
  1. Regular Meetings. The Council shall meet for regular meetings as established by ordinance.
  2. Special Meetings. Special meetings may be called by the Mayor or by three members of the Council. The call for a special meeting shall be filed with the Clerk in written form, except that an announcement of a special meeting during any regular meeting shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, the hour, and the location of the special meeting and shall list the subjects to be considered. No special meeting shall be held until at least forty-eight (48) hours after the call is issued. Only such business as was listed in the call for the special meeting may be transacted at the meeting. The Clerk shall post such notices of the special meeting as may be required by statute.
  3. Adjourned Meetings. Any meeting of the Council may be adjourned to a later date and time, provided that no adjournment shall be for a longer period than until the next regular meeting.
  4. Executive Sessions. Executive sessions or closed meetings may be held in accordance with the provisions of the Illinois Open Meetings Act. The Corporation Counsel shall attend all such closed meetings, which shall be tape-recorded by the Clerk.
  5. Attendance of Media at Council Meetings. All public meetings of the Council and its committees shall be open to the media, freely subject to recording by radio, television, and photographic services at any time, provided that such arrangements do not interfere with the orderly conduct of the meetings.
  1. Presiding Officer. The Mayor, if present, shall act as presiding officer at all meetings of the Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both the Mayor and Mayor Pro Tem, the Council shall elect a temporary Chairman Pro Tem.
  2. Call to Order. The meetings of the Council shall be called to order by the Mayor at the appointed hour or, in the Mayor’s absence, by the Mayor Pro Tem. In the absence of both the Mayor and the Mayor Pro Tem, the meeting shall be called to order by the Clerk for the election of an alderman to act as a temporary chairman.
  3. Preservation of Order. The presiding officer shall preserve order and decorum, prevent attacks on personalities or the impugning of members motives, and confine members in debate to the question under discussion. Any member called to order by the presiding officer shall immediately cease speaking. If the member appeals the ruling of the presiding officer, then the Council shall vote on the ruling without debate.
  4. Points of Order. The presiding officer shall determine all points of order, subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, “Shall the decision of the Presiding Officer be sustained?” If at least two-thirds (2/3) majority (8 votes) of the Council members then holding office vote in favor of the appeal, then the decision of the presiding officer is overridden.
  5. Questions to be Stated. The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any member, in the manner provided in Section 6.12 of these Rules.
  1. Perfunctory Sessions. The Clerk shall record all perfunctory sessions of the Council. The agenda for perfunctory sessions shall be as follows:
    1. Thirty minutes prior to a regularly scheduled Council meeting, the Clerk, or the Clerk's designee, shall appear in the Council Chambers and call the Council Chambers to order;
    2. The Clerk shall announce the first reading of the proposed ordinances and resolutions and read the proposed ordinances and resolutions by title;
    3. The Clerk shall announce the reading of the consent agenda and read the ordinances and resolutions assigned to the consent agenda pursuant to Section 6.9 of these Rules.
  2. Order of Business. The general rule as to the Order of Business in regular meeting shall be as follows:
    1. Pledge to the flag;
    2. Call to order - roll call;
    3. Approval of financial report (once a month);
    4. Approval of the minutes;
    5. Incorporation of first reading of ordinances and resolutions and reading of consent agenda into the record;
    6. Removal of ordinances and resolutions from consent agenda;
    7. Consent agenda - final action;
    8. Debate agenda - final action;
    9. Ordinances and resolutions - emergency passage;
    10. Other business;
    11. Public forum addressing City business;
    12. Adjournment.
  3. Agenda. The Clerk shall prepare an Agenda containing the order of business of each meeting, which shall list by topic, subjects to be considered by the Council. The Clerk shall deliver the Agenda to members of the Council at least forty-eight (48) hours preceding the meeting to which it pertains.
  4. Right of Floor. Any member desiring to speak shall first address the presiding officer and shall proceed only after being recognized. The member shall confine his or her remarks to the subject under consideration or being considered by the Council.
  5. Reading of Minutes. Unless a reading of the minutes of a Council meeting is requested by a member of the Council, such minutes may be approved without reading if the Clerk previously furnished each member with a copy thereof and has previously posted the minutes on the Clerk’s bulletin board.
  6. Presentation by Members of Council. The Mayor or any Council member may bring before the Council any business that he/she feels should be deliberated upon by the Council during consideration of "other business.”
  1. Form. Ordinances and resolutions shall be presented to the Council only in printed or typewritten form.
  2. Single-Subject Rule; Exceptions. No ordinance except an appropriation ordinance, an ordinance adopting or embodying an administrative or governmental code, or an ordinance adopting a code of ordinances, shall relate to more than one subject, which shall be clearly stated in its title.
  3. Funding. All ordinances authorizing an expenditure of money shall include the exact source of the funds to be expended.
  4. Approval by Office of the Corporation Counsel. All ordinances and resolutions shall be “Approved as to legal sufficiency” by the Office of the Corporation Counsel. Such approval shall be so indicated by signature on the last page of the ordinance before presentation to the Council.
  5. Distribution of Ordinances. The Clerk shall prepare copies of all proposed ordinances for distribution to all members of the Council at least twenty-four (24) hours before the Council meeting at which the ordinance is to be introduced.
  6. Introduction and First Reading. Any member of the Council, including the Mayor, may introduce an ordinance or resolution for consideration by the Council. An ordinance or resolution may be jointly sponsored by members of the Council. The proposed ordinance or resolution shall be filed in the Clerk’s Office at least two business days prior to the Council meeting day at which the ordinance or resolution is to be first read. The Clerk shall schedule the ordinance or resolution for first reading at the next scheduled perfunctory session of the Council. The ordinance or resolution shall not be debated during first reading, except as provided in Section 6.11 of these Rules.
  7. Committee of the Whole. The Committee of the Whole shall consist of all members then holding office on the Council except the Mayor. All ordinances or resolutions scheduled for first reading on the Agenda shall be assigned to the Committee of the Whole for review at its next regularly scheduled meeting.
  8. Committee Review. The Committee of the Whole shall take such action as is necessary to review the ordinances and resolutions before the committee and may adopt such amendments as the committee deems appropriate for each ordinance or resolution. A vote of six members of the committee shall be necessary to take committee action. If the committee takes action on an ordinance or resolution by recommending “to approve” or “not to approve,” the ordinance or resolution shall be submitted to the Council for final action at the next meeting of the Council, and the Clerk shall place the ordinance or resolution on the Council Order of Business for final action. If the committee takes no action on an ordinance or resolution, the ordinance or resolution shall remain on the committee agenda. However, any ordinance or resolution that remains in committee longer than 180 days from the date of initial assignment to the committee shall be removed from the committee’s agenda, unless within the 180-day period, a majority of the committee agrees to extend the time period for consideration of the ordinance or resolution an additional 180 days.
  9. Consent Agenda. The Committee of the Whole may assign any ordinance or resolution recommended for final action to the consent agenda, which shall be so designated by the Clerk. The consent agenda may be adopted by an omnibus vote of the Council. Any member of the Council, upon review of the consent agenda, may request an item be removed from the consent agenda and voted on separately by the Council.
  10. Council Consideration for Final Action. Each proposed ordinance or resolution set for final action and not on the consent agenda shall be read again by title under the Council Order of Business “Debate agenda - final action,” prior to the Council’s consideration and vote. The Council shall undertake such debate as the Council deems necessary during its consideration.
  11. Emergency Passage. Ordinances introduced at a Council meeting shall not be finally acted upon until at least the next official meeting, except that emergency ordinances may be acted on immediately, provided that any emergency ordinance is accompanied by a written or oral explanation describing the nature of the emergency. An affirmative vote of at least two-thirds (2/3) majority (8 votes) of the members of the Council then holding office shall be required for the final passage of an emergency ordinance. Pursuant to Section 4-6 of the Ordinance providing for the Mayor/Aldermanic form of government for the City of Springfield (§31.11 of the City Code of Ordinances), the Mayor shall vote in those instances where an extraordinary majority is required to adopt the ordinance, resolution, or motion.
  12. Recording of Votes. The ayes and nays shall be taken upon the passage of all ordinances and resolutions and entered upon the official record of the Council by the Clerk. The roll call vote may be taken by an electronic voting machine under the supervision of the Clerk provided, however, any alderman may request an oral roll call vote on any ordinance, resolution, or motion pending before the Council. Ordinances and resolutions may be consolidated and passed in an omnibus vote by the Council.
  13. Majority Vote Required. The passage of all ordinances for whatever purpose, and of any resolution or motion (1) to create any liability against the City or (2) for the expenditure or appropriation of its money shall require the concurrence of a majority of all members then holding office on the Council including the Mayor, unless otherwise expressly provided by the Municipal Code or any other act or ordinance governing the passage of any ordinance, resolution, or motion. When any vote is called each Council member shall respond “yes (aye),” “no (nay),” or “abstain.”
  14. Requirement for Removing Ordinance from Table. In the event a proposed ordinance or resolution is tabled by the Committee of the Whole, a two-thirds vote of the Council shall be necessary to remove it from the table for consideration.
  15. Number Ordinances and Resolutions. Upon passage, the Clerk shall assign a number to each ordinance or resolution.
  16. Ordinance Passage and Procedure. When passed by the Council, an ordinance shall be signed by the Mayor and be attested to by the Clerk and it shall be immediately filed and thereafter preserved in the Office of the City Clerk.
  17. Requests for Ordinances and Legal Opinions. The Clerk, City Treasurer, or any member of the Council may request the Office of the Corporation Counsel to prepare proposed ordinances and resolutions. Such ordinances shall be placed on the Agenda of the next scheduled Council meeting, provided the ordinance can be drafted and distributed to members of the Council in accordance within the time frames set forth in Section 6.5 and Section 6.6 of these Rules. Any member of the Council may request written legal opinions relating to City business from the Office of the Corporation Counsel. Upon receiving requests for a proposed ordinance or a written legal opinion, the Office of the Corporation Counsel shall distribute the subject ordinance or written legal opinion to all members of the Council so that all members of the Council may be fully informed of the status of City affairs. Any member of the Council may, for purposes of inquiry, request verbal opinion or advice on City legal matters directly from the Corporation Counsel.
  18. Fiscal Notes. Prior to consideration by the Committee of the Whole, the Office of Budget and Management shall prepare a brief explanatory statement or note that shall include a reliable estimate of the anticipated change in expenditures or revenues to the City under its provisions and whether such expenditures or revenues shall be recurring in nature during future budget years. If an ordinance authorizes capital expenditures or appropriates funds for capital expenditures, a statement shall be prepared by the Office of Budget and Management specifying by budget year any principal and interest payments required to finance such capital expenditures. These statements or notes shall be known as “fiscal notes.” Prior to consideration by the Committee of the Whole, each proposed ordinance or resolution shall be accompanied by a fact sheet that shall include a summary of the proposed ordinance or resolution, the name of the contact person (who shall be the department director or the director's designee for the office requesting the proposed ordinance or resolution or the Alderman requesting the proposed ordinance or resolution), and the fiscal impact of the proposed ordinance or resolution, including the fiscal note, which fact sheet shall be executed by the sponsor of the proposed ordinance or resolution or the Council Coordinator, if the sponsor is an Alderman.
  1. The Council may establish such boards, commissions, or agencies as it deems necessary or expedient as provided for in Section 5-3 of the Ordinance providing for the Mayor/Aldermanic Form of Government for the City of Springfield (§33.002 of the City Code of Ordinances).
  1. Addressing the Council. Any person desiring to address the Council shall first be recognized by the presiding officer. Except for zoning matters and emergency ordinances, all requests by members of the public to address the Council during the Council’s consideration of “Ordinances and resolutions - final action,” shall be made to the Clerk in writing with the subject matter stated, not less than one (1) working day before the next scheduled Council meeting. Persons addressing the Council shall limit their statements to five minutes unless further time is granted by the presiding officer. This Rule shall not apply to officers and employees of the City of Springfield, Illinois. Any other comments by the public pertaining to City business shall be made during the Council’s Order of Business under “Public forum addressing City business.”
  2. Manner of Addressing the Council; Time Limit. Each person addressing the Council shall step up to the microphone, shall give his or her name and address in an audible tone of voice for the record, and, unless further time is granted by the presiding officer, shall limit his or her address to five minutes. All remarks shall be addressed to the Council as a body and not to any member thereof. No questions shall be asked the Council members, except through the presiding officer.
  3. Personal and Slanderous Remarks. Any person making personal, impertinent, or slanderous remarks, or who becomes boisterous while addressing the Council may be requested to leave the meeting. Any person who does not obey the request of the presiding officer to cease using impertinent, slanderous, or insulting language or otherwise disrupting the meeting shall, after a motion by any member and majority vote of the Council, be expelled and directed to leave the meeting.
  4. Reading of Protests. Interested persons, or their authorized representatives, may address the Council under the Order of Business entitled “Public forum addressing City business,” for the reading of protests, petitions, or communications relating to any matter over which the Council has control if a majority of the Council members present agrees to let them be heard.
  5. Written Communications. Interested parties, or their authorized representatives, may address the Council by written communication with regard to any matter concerning City business or over which the Council has control, or by addressing the Clerk, who shall distribute the written communication to Council members.
  1. Suspension of Rules. Any provision of these Rules not governed by City Ordinance may be temporarily suspended by a two-third (2/3) majority vote (8 votes) of the members of the Council then holding office. Pursuant to Section 4-6 of the Ordinance providing for the Mayor/Aldermanic Form of Government for the City of Springfield (§31.11 of the City Code of Ordinances), the Mayor shall vote in those instances where an extraordinary majority is required to adopt an ordinance, resolution, or motion. The vote on any suspension shall be taken by ayes and nays and entered upon the record. The Rules and Order of Business shall not be suspended unless for a stated and specific purpose, and no other business shall be in order except the business for which the Rules were suspended. After disposing of the business for which the Rules were suspended, the Rules and regular Order of Business of the Council shall then be in force.
  2. Amendment of Rules. These Rules may be amended, or new Rules adopted, by a two-thirds (2/3) majority vote (8 votes) of the members of the Council then holding office, provided that the proposed amendments or new Rules have been introduced into the record at a prior Council meeting. Pursuant to Section 4-6 of the Ordinance providing for the Mayor/Aldermanic Form of Government for the City of Springfield (§31.11 of the City Code of Ordinances), the Mayor shall vote in those instances where an extraordinary majority is required to adopt an ordinance, resolution, or motion.
  1. Purpose.   The behavior and actions of individual Council members can affect, both positively and negatively, the perception of the entire Council and public confidence in the Council and the City. Therefore, each Council member has a vested interest in promoting the ethical and professional conduct of his/her fellow council members.
        In Order to foster an environment of ethical and professional conduct by all Council members, the Council adopts the following process to be implemented in the event a Council member(s) is alleged to have violated the federal and state law, the City Consetn decree, City of Springfield Code of Ordinances, City Council Rules of Procedure, or other applicable laws or regulations.
  2. Policy.   It is the policy of the City Council that all of its members abide by federal and state law, the City Consent decree, City of Springfield Code of Ordinances and City Council Rules of Procedure. Violation of such law or policy can subject the City to liability, affect the City’s budget, resources, plans and timelines and undermines the effectiveness of the City Council as a whole. Such conduct is deemed to be subject to City Council (1) verbal reprimand or (2) censure.
        A censure is a formal resolution of the City Council reprimanding one of its members. Censure serves to formally put a censured City Council member on notice of the City Council’s disapproval of conduct that has violated laws or policies. Censure carries no fine or suspension of rights of the member as an elected official but a censure is a punitive action that serves as punishment for conduct violating applicable laws, rules or regulations. However, censure should not result from an occasional error in judgment, which occurs in good faith and is unintentional.
        In order to protect the overriding principle of freedom of speech, the City Council shall not impose “censure” on any of its members for the exercise of his or her First Amendment rights no matter how distasteful the expression was to the City Council, official, employees or public. However, nothing herein shall be construed to prohibit the City Council from collectively expressing their strong disapproval of such remarks. The City Council shall not impose “censure” on any of its members for the violation of any law while criminal charges are pending. However, when criminal proceedings are final, the City Council need not be bound by the conclusion of the Court and may hold a “censure” hearing.
  3. Procedure.
    1.   A City Council member(s) may file a proposed resolution of censure against another City Council member with the City Clerk. The proposed resolution must be filed no later than one year from the date of discovery of the alleged violating conduct. The proposed resolution shall set forth the specific charges on which the proposed censure is based. A copy shall be delivered to all City Council members. Awritten response to the specific charges may be filed by the accused City Council member 10 days after receipt thereof. A copy of the proposed resolution of censure and response thereto shall be delivered to each City Council member within two days after response is filed.
    2.   On the first regularly called meeting of the City Council, which complies with the Illinois Open Meetings Act, after the filing of the proposed resolution and response, the City Clerk shall file and include the proposed resolution and response in the public record. The City Council, by majority vote, shall thereafter determine whether or not good cause shall exist to set a formal hearing on the merits of the proposed resolution of censure or dismiss the specific charges. A public hearing date and time shall be set on the specific charges by the City Council. A vote to hold a public hearing shall not be construed to be a vote of censure.
    3.   The accused City Council member has a right to be represented by legal counsel and present witnesses relative to the specific charges at the public hearing.
    4.   A public hearing on the specific charges and response shall be held at either a regular or special meeting of the City Council, which shall be open to the public.
    5.   The City Council will hear evidence concerning the proposed resolution of censure. The City Council member(s) proffering the charges, as referenced in Section 2, paragraph A of these provisions, shall present evidence in support of the specific charges contained in the proposed resolution of censure. The City Council member who is the subject of the censure shall have the opportunity to present evidence to support his or her position with respect to the proposed resolution of censure. All evidence shall be presented at an open public meeting.
    6.   After the City Council hears evidence pursuant to Section 3, paragraph E of these provisions, the Council may (1) take no further action, (2) issue a verbal reprimand, or (3) adopt the censure resolution. A decision to censure must based on conduct found to be willful or intentional. A decision to censure requires a majority roll call vote of the City Council adopting a resolution that:
      1.   Sets forth the specific charges;
      2.   Finds there is substantial evidence in the record to support the specific charges alleged.
      3.   Finds that the conduct supporting the censure was willful or intentional, and;
      4.   Approves censure.