Legislation # 08-0496 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 11/19/2008
Title 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.
 
Legislation History 08-0496
DateNotice Of ActionDescription
12/18/2008 Enactment Number 08-0025
12/17/2008 Adopted on Second and Final Reading as Amended
11/19/2008 Adopted on First Reading
11/10/2008 Received By Clerk's Office
 
View Attachments 08-0496
FileTypeSizeDescription
A08-01193 Redline Div 2.DOC Other 52K Redline Chapter 2 Division 2
 
Legislation Text 08-0496

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 08-0496

 

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.

 

(a)   Regular 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 council.

 

(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 council.


Sec. 2-37.  Call and notice of special meetings.

 

(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. 1471, 3-28-07)


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 given.

 

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 meetings.

 

At every regular meeting of the council, the order of business shall be as follows:

 

(1)   Call of the roll.

 

(2)   Invocation/Pledge of allegiance.

 

(3) Mayors Comments

 

(4)   Consent 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.

 

(5)   Presentations, Proclamations & Awards.

 

(6)   Regular 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.

 

(8)   Audience 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.

 

(9)   Miscellaneous 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:

 

(1)   Call of the roll.

 

(2)   Reading of the call for the special meeting, if written, or stated, if verbal.

 

(3)   Discussion 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 measures generally.

 

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 council.


Sec. 2-51.  Minutes to be photocopied and recorded.

 

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.

 

 

Adopted at 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