City of Hampton, Virginia
Ordinance - Coded
22 Lincoln Street
Hampton, VA 23669
Enactment Number: 08-0025
Ordinance to amend and reenact
Chapter 2, Article II City Council, Division 2 Meetings, Sections 2-36 and
2-43 to change frequency and time of regular meetings to provide for regular
work sessions, and to change the order of business at the regular meetings.
ARTICLE II. CITY COUNCIL
DIVISION 2. MEETINGS
Sec. 2-36. Place and time for regular meetings and
work sessions; new business not to be started after certain hour.
meetings of the council shall be held in the council chambers of the city at 7:00
p.m. on the second Wednesday in each month and work sessions of the council
shall be held at 1:00 p.m. at such location as council shall direct on the
fourth Wednesday in each month, unless such date or dates shall fall upon a
legal holiday, so declared by the city, in which case the meeting or meetings
shall be held on the next succeeding day which is not a legal holiday, and at
the same hours, except as otherwise provided by special resolution of the
(b) No new item of
business shall be begun at a regular council meeting after the hour of 11:00
p.m., except by special consent of the council. Unfinished business shall be
carried over to the next regular meeting, unless otherwise directed by the
Sec. 2-37. Call and notice of special
(a) The mayor, any
three (3) members of the council or the city manager may call special meetings
of the council at any time upon notice to each member personally notified at
his usual place of business or residence.
(b) The city
manager shall advise the press of all special meetings of the council in
advance of the time of the meeting.
Sec. 2-38. To be open to public.
Except as otherwise provided by
law, all the meetings of the council, both regular and special, shall be open
to the public, and no ordinance, resolution, motion or vote shall be adopted by
the council except at a meeting open to the public.
(Code 1956, 2-20; Ord. No. 328; Code 1964, 2-14; Ord.
Sec. 2-39. Presiding officer generally.
The mayor shall preside over the
meetings of the council, with the same powers and duties as the other members,
with a vote, but no veto power. He shall call the meeting to order at the hour
for holding such meeting and he shall have general direction of the chamber in
which the council meets. In case of disturbance or disorderly conduct, the
mayor shall have the chamber cleared.
Sec. 2-40. Adjournment in absence of quorum.
In the absence of a quorum at a
council meeting, at the expiration of fifteen (15) minutes from the time
appointed for the meeting, the clerk of the council shall enter upon the
journal the names of the members present and the meeting shall standipso
facto adjourned until the next regular meeting, or until a new call
is issued in the prescribed manner, if it is a special meeting.
Sec. 2-41. Persons permitted within bar.
No person, other than officers of
the city or clerks in the exercise of their official duties, shall be permitted
within the bar during meetings of the council, unless by invitation of the
mayor, which invitation shall apply only to the item or meeting for which it is
Sec. 2-42. Parliamentary procedure.
Upon all questions of procedure at
council meetings not covered by this article or other ordinances of the city,
the general principles of parliamentary procedure shall govern.
Sec. 2-43. Order of business--Regular
At every regular meeting of the
council, the order of business shall be as follows:
of the roll.
Agenda for the meeting, as prepared by the clerk of the council and to include
consideration of the minutes of the previous meeting, ordinances believed to be
routine and noncontroversial, and any other items believed by the clerk of the
council to be routine and not controversial in nature; provided that, a member
of the council may, by request, have any item moved from the consent agenda to
the regular business agenda. The consent agenda shall be approved in toto by
motion and roll call vote.
Proclamations & Awards.
business agenda, as prepared by the clerk of the council and to include all
public hearing items and general business items of which he has been notified
by the mayor, members of council, the city manager or the city attorney by
12:00 p.m. on each Friday following the second Wednesday, the regular meeting
day (i.e., the "regular agenda deadline"). Items submitted after the
regular meeting agenda deadline for any given meeting shall be included on the
regular agenda only with the approval of the city manager. Members of the
general public recognized to speak at public hearings on the regular business
agenda or to speak to other matters on the regular business agenda shall be
allotted three minutes speaking time, and shall only be permitted to use the
city audio-visual equipment during their allotted speaking period after
submission of the material to be displayed to the office of the clerk for virus
screening and software compatibility no less than two (2) business days prior to
the scheduled meeting.
(7) Reports by
City Manager, City Council, Staff or Committees.
granted to the general public desiring to address council: unless changed by
the consent of four (4) members of council, any such address by any member of
the general public shall be limited to three (3) minutes without regard to any
attempt by others to yield time to the speaker. No person permitted to speak
pursuant to this subsection (7) shall be permitted to use electronic
audio-visual aids in the presentation without the consent of council, expressed
by a majority vote and shall not be permitted to use the city audio-visual
equipment unless the material to be displayed has been submitted to the office
of the clerk for virus screening and to determine software compatibility at
least two (2) business days prior to the meeting.
new business, to include and be limited to the opportunity for members of the
council, the city manager and the city attorney to be heard concerning matters
relating to the business of the city: No initiative requiring a vote by
council, except when subject to a specific time constraint or determined to be
an emergency by a majority vote of council, shall be presented on the floor by
a council member under new business. Such order of business shall not be
departed from except by the consent of four (4) members of the council.
Sec. 2-44. Same--Special meetings.
The order of business at special
meetings of the council shall be as follows:
of the roll.
(2) Reading of
the call for the special meeting, if written, or stated, if verbal.
of the business on call, in the order given in the call.
Such order of business shall not
be departed from except by the consent of three (3) members of the council.
Sec. 2-45. Limitation on business transacted
at special meeting.
No business shall be transacted at
a special meeting of the council, except that for which it has been called,
without the unanimous consent of all members of the council.
Sec. 2-46. Motions generally.
Every motion made at a meeting of
the council shall be reduced to writing, if requested by the mayor or any
member of the council, and shall be delivered to the clerk's table to be read.
No motion shall be considered by the council, unless and until a second to such
motion is obtained and stated by the mayor before the same shall be voted upon.
A motion, having been seconded, may be withdrawn or amended by the mover, only
with the consent of the second, at any time before it is decided, amended or
otherwise acted upon by the council.
Sec. 2-47. Motions by mayor.
The mayor, in making a motion at a
meeting of the council, shall vacate as presiding officer thereof and make the
motion as any other member of the council.
Sec. 2-48. Motions for reconsideration.
No motion to reconsider a question
which has been decided shall be entertained at a council meeting, unless it be
made by one of the members voting with the prevailing side. Any member may
second a motion to reconsider a question. No vote or question shall be
reconsidered more than once. A vote or question may be reconsidered only during
the same meeting.
Sec. 2-49. Required vote for adoption of
Except motions to adjourn, to fix
the time and place of adjournment and other motions of a purely procedural
nature, no measure shall be adopted by the council, unless it receives the
affirmative vote of at least four (4) members.
Sec. 2-50. Required vote, etc., for
appropriations, borrowing, etc.
No ordinance or resolution, having
for its object an appropriation, not included in the budget, of more than ten
million dollars ($10,000,000.00), shall be passed by the council except by the
concurrence of five (5) members of the council and after recommendation of the
city manager. No ordinance or resolution appropriating money exceeding the sum
of five million dollars ($5,000,000.00) or imposing taxes shall be passed on
the same day of its introduction, except that an appropriation may be made on
the same day of its introduction by consent of five (5) members of the
Sec. 2-51. Minutes to be photocopied and
When transcribed, approved by the
council and signed by the mayor and the clerk of the council, the minutes of
every open council meeting shall be photocopied and placed as the official
record in the minute book provided for that purpose in the clerk's office of
the circuit court.
Sec. 2-52. Minutes of closed meetings.
(a) Upon the
approval of a majority of the council, the proceedings of any meeting of the
council or portion of any meeting of the council properly convened under
applicable law as a closed meeting shall be recorded by audiotape as the
minutes of such meeting except discussions relating to personnel matters or
discussions regarding actual or probable litigation.
(b) The clerk of
council shall transcribe the audiotape recordings of closed meetings of council
at such time as council may direct by majority vote, and shall be the custodian
of all audio tape recordings of such meetings and transcriptions thereof.
(c) Audio tapes of
closed council meetings and written transcripts thereof shall be maintained by
the clerk in a manner designed to protect them from unauthorized disclosure or
dissemination. Such recordings and transcriptions of closed meetings of council
shall not be available for inspection and/or copying unless disclosure is
approved in advance by a majority vote of council.
the regular meeting of the City Council of the City of Hampton, Virginia held
on December 17, 2008.
Signed by ____________________________ Date
Molly Joseph Ward, Mayor
Attested by ____________________________ Date _________________
Katherine K. Glass
Clerk of the Council