Town of Elkton
Town Code
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CHAPTER 37
TOWN COUNCIL
ARTICLE I
Composition and Committees
ﾧ 37-1. Composition, authority and duties of the Town Council.
ﾧ 37-2. Authority and duties of the Mayor.
ﾧ 37-3. Standing committees.
ﾧ 37-4. Other committees.
ARTICLE II
Council Meetings
ﾧ 37-5. Council meetings.
ﾧ 37-6. Application of Robert's Rules of Order.
ﾧ 37-7. Order of proceedings.
ﾧ 37-8. Enforcement of rules; decisions on questions of order.
ﾧ 37-9. Speaking in order of rising.
ﾧ 37-10. Number and length of speeches; manner of speaking to Council; interruptions.
ﾧ 37-11. Presentation of proposed franchises.
ﾧ 37-12. Ordinance adoption procedure.
ﾧ 37-13. Amendment and repeal of ordinances; effective date of ordinances.
ﾧ 37-14. Permission required for member to leave meeting.
ﾧ 37-15. Order of precedence of motions.
ﾧ 37-16. Motion to adjourn.
ﾧ 37-17. Motion for previous question.
ﾧ 37-18. Government by majority vote; duty of members to vote.
ﾧ 37-19. Taking and recordation of vote.
ﾧ 37-20. Expression and recordation of dissent.
ﾧ 37-21. Motions to reconsider.
ARTICLE I
Composition and Committees
[Adopted 6-19-1980 as Secs. 2-1-1 through 2-1-4 of the 1980 Code]
§ 37-1. Composition, authority and duties of the Town Council.
The Town Council, composed of the Mayor and six Council members, shall have the authority and duties prescribed in the Town Charter and this Code.
§ 37-2. Authority and duties of the Mayor.
The Mayor shall have the authority and shall perform the duties prescribed in the Town Charter and this Code.
§ 37-3. Standing committees. [Amended 9-19-1994]
As soon as possible after the organization of the Council, the Council shall appoint the following standing committees:
- A. Committee on Finance.
- B. Committee on Streets and Sidewalks.
- C. Committee on Electric Power.
- D. Committee on Water and Sewer.
- E. Committee on Public Health, Public Safety and Ordinances.
- F. Committee on Personnel.
The Mayor shall appoint such committees, other than the standing committees enumerated in § 37-3, as he or she may deem appropriate.
ARTICLE II Council Meetings
[Adopted 6-19-1980 as Secs. 2-1-11 through 2-1-27 of the 1980 Code]
- A. The Council shall meet in regular session once a month. The Council shall determine at each July meeting the day of the month upon which regular meetings are to be held during the subsequent 12 months. The Council shall also determine at each July meeting the starting time of the subsequent meetings.
- B. The Council may meet in special session upon call of the Mayor or any other two members of the Council as provided for in the Town Charter.
- C. Meetings of the Council or its committees shall be in the town municipal building or at such other place as may be designated.
The proceedings of the Council, except as its own rules may otherwise provide, shall be governed by the most recent edition of Robert's Rules of Order.
The order of proceedings at a regular meeting of the Council shall be as follows:
- A. Roll call.
- B. Visitors recognized (limit five minutes per person).
- C. Reading of minutes of previous meeting.
- D. Special order of business (presentation of petitions or claims by persons on agenda).
- E. Town Superintendent's business.
- F. Reports of standing committees.
- G. Town Attorney's business.
- H. Mayor's business.
The presiding officer at a meeting of the Council shall enforce the procedural rules of the Council and shall decide questions of order.
§ 37-9. Speaking in order of rising.
At Council meetings, the member first rising and addressing the Chair shall speak first; provided, however, that when two members rise at the same time, the Mayor shall name the one to speak.
§ 37-10. Number and length of speeches; manner of speaking to Council; interruptions.
At Council meetings, no member of the Council shall speak more than once on the same question until every member wishing to speak shall have done so, nor more than twice nor for a greater length of time than 15 minutes on any question, without permission of the Council. A member of the Council addressing the Council shall confine himself or herself to the question before the Council and avoid personal or indecorous language. No member shall interrupt another while speaking except to make a point of order to the presiding officer.
§ 37-11. Presentation of proposed franchises.
Every proposed franchise asked for from the Council shall be presented in print or typewritten form at the expense of the petitioner and a copy of the same provided for each member of the Council at the meeting when such franchise is so presented, and no such request shall be considered as having been presented to the Council until so printed or typewritten.
§ 37-12. Ordinance adoption procedure.
No general ordinance shall be adopted by the Council unless and until it shall have first been introduced and read at a meeting of the Council and thereafter at a subsequent meeting brought up, discussed and adopted in accordance with existing requirements of state law and of this Code and other ordinances of the town respecting adoption of ordinances by the Council; provided, however, that if, in the opinion of the Council, an emergency exists that requires the immediate adoption of an ordinance or amendment thereto, any such ordinance or amendment thereto may be adopted on introduction.
§ 37-13. Amendment and repeal of ordinances; effective date of ordinances.
No ordinance shall be amended or repealed except by an ordinance legally introduced and adopted. Every ordinance shall take effect from the date of its passage, unless otherwise provided.
§ 37-14. Permission required for member to leave meeting.
If a member of the Council at any meeting of the Council has been recorded as present, he or she shall not, without permission of the Council, absent himself or herself from such meeting until its adjournment.
§ 37-15. Order of precedence of motions.
When, at a Council meeting, a question is under debate, no motion shall be entertained unless specifically provided for; provided, however, that the following shall take precedence in the order given:
- A. To adjourn: to be made without preliminary remarks and decided without debate.
- B. To lay on the table: to be decided without debate.
- C. For the previous question: to be decided without debate.
- D. To postpone, eitiier indefinitely or to a day or hour certain.
- E. To refer or recommit.
- F. To substitute or amend.
- G. To adopt or approve.
At a Council meeting, a motion to adjourn shall always be in order, except when a member has the floor, when the Council is engaged in voting, when the previous question has been ordered or when the motion to adjourn has been put and lost and no other business has intervened.
§ 37-17. Motion for previous question.
Any member of the Council who obtains the floor during the debate and submits no other motion or remark may move for the previous question, which motion, if seconded, shall forthwith be put to Council.
§ 37-18. Government by majority vote; duty of members to vote.
In all matters pending before the Council, a majority shall govern, except in cases where it is otherwise specifically provided. Each member of the Council who shall be present when any question is put or ballot taken shall vote or ballot as the case may be, unless personally interested or excused by the Council.
§ 37-19. Taking and recordation of vote.
At a Council meeting, on the call of any member of the Council, the vote on any question may be taken by ayes and nays and recorded; provided, however, that the demand be made before other business has been taken up.
§ 37-20. Expression and recordation of dissent.
Any member of the Council shall have the liberty to dissent from, or protest against, any ordinance, resolution or order of the Council, and have the reason for his or her dissent entered upon the record; provided, however, that such dissent shall be entered of record at the meeting at which the action dissented from is taken and shall not be entered of record at a later meeting.
§ 37-21. Motions to reconsider.
At a Council meeting, in all cases a motion to reconsider will be entertained only when made by a member of the Council who voted with the prevailing side. A majority of those present can reconsider any vote, but the motion to do so shall be made at the same session of the Council during which such vote was taken. A motion to reconsider shall have precedence over all other questions, and when it has once been put and lost, it shall not be renewed.
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