City of Hazelwood, MO Chapter 110 City Council

Cross Reference—For charter provisions as to city council, see charter, art. II.

Section 110.010 Rules and Procedures of Council.

[CC 1997 §2.15; Ord. No. 810, 8-19-1970; Ord. No. 863, 9-1-1971; Ord. No. 1237-77, 8-17-1977; Ord. No. 1841-85, 11-6-1985; Ord. No. 2430-92, 11-18-1992; Ord. No. 2976-98 §1, 6-17-1998; Ord. No. 3011-98 §1, 10-21-1998; Ord. No. 3220-00 §1, 12-20-2000; Ord. No. 3253-01 §1, 5-2-2001; Ord. No. 4934-23, 1-4-2023]

A. Regular Meetings. The regular meetings of the Council shall be held on the first (1st) and third (3rd) Wednesdays of each month at the hour of 6:30 P.M. The Council, by majority vote, may cancel or change a regular meeting date if it so desires by making a public announcement at a regular meeting preceding the meeting to be cancelled or changed.

B. Special Meetings. Special meetings may be called by any two (2) Members of the Council by requesting such with the City Clerk who shall prepare a notice of such meeting. It shall state the date and hour of the meeting and the purpose for which the meeting is called, and no business shall be transacted thereat except such as is stated in the notice. Said notice of the time and object of the special meeting shall be given to each Member of the Council by the City Clerk causing such notice to be delivered at the usual place of abode of said Members twenty-four (24) hours before stated special meeting. By unanimous consent a special meeting may be held at any time.

C. Quorum. A majority of all the Members elected to the Council shall constitute a quorum at any regular or special meeting of the Council, but a lesser number may adjourn from day-to-day. In case that a lesser number than a quorum shall convene at a regular or special meeting, the majority of the Members present are authorized to direct the Chief of Police to send for and compel the attendance of any or all absent Members upon such terms and conditions and at such time as such majority of Members shall agree.

D. Chairman. The Mayor shall preside at all meetings of the Council. In the absence of the Mayor, a Mayor Pro Tempore shall act as Chairman. In the absence of both, the Council shall elect one (1) of its Members as temporary Chairman.

E. Order Of Business. Upon a quorum being present, the Council shall convene its business which shall be conducted in the following order:

1. Call to order.

a. Invocation and pledge of allegiance.

b. Roll call.

2. Amendment and/or adoption of agenda.

3. Amendment and/or adoption of consent agenda (all items marked with an *).

4. * Approval of minutes.

5. Special order of business.

6. Proclamations and resolutions.

Citizens' comments and discussion will be heard at this time and shall be limited to a total of fifteen (15) minutes, which may be increased at the discretion of the Chair or by motion approved by a majority of the members of the Council present at the meeting.

7. Citizen hearings and presentation of petitions.

8. Public hearings.

9. Communications.

10. Unfinished business.

11. Mayor and Council reports.

12. City Manager's report.

13. City Attorney's report.

14. City Clerk's report.

15. * Commission and Board reports.

16. New business.

17. Introduction and first (1st) reading of bills.

18. Second (2nd) reading of bills and action on bills.

19. Miscellaneous business and announcements.

20. Adjournment.

The order of business may be altered at any time upon request of the Mayor or any other Member of the Council, unless a majority of the Council Members object thereto.

F. Notices. The City Clerk shall post copies of all ordinances, resolutions and public hearings pending before the Council on a bulletin board placed in a conspicuous place in the lobby of the City Hall, together with notices of all other meetings or matters deemed to be of interest to the Council or the public.

G. Rules Of Debate.

1. The Presiding Officer may debate and vote. The Mayor of the City, or such other Member of the Council as may be presiding, may move, second and debate from the Chair, subject only to such limitations of debate as are by these rules imposed on all Members and shall not be deprived of any of the rights and privileges of a Council Member by reason of acting as the Presiding Officer.

2. Every Member shall address the Chair and shall not proceed until recognized by the Chair. Members shall indulge in no personalities and confine remarks to the matters under debate.

If, while speaking, a Member is called to order, the Member shall cease speaking until the question of order is determined, and, if in order, shall be permitted to proceed.

3. Any Member may appeal to the Council from a ruling of the Presiding Officer upon a question of order. If the motion for the appeal is seconded, the member making the appeal may briefly state the reason for the same and the Presiding Officer may briefly express the ruling, but there shall be no debate on the appeal and no other Member shall participate in the discussion. The Presiding Officer shall then put the question to a vote as to whether the decision of the Chair shall be sustained. If a majority of the Members present vote "aye," the ruling of the Chair is sustained; otherwise, it is overruled.

4. Any Member shall have the right to express dissent from or protest against any ordinance or resolution of the Council and have the reason therefor entered upon the journal. Dissent or protest may also be registered in writing at the next meeting by any member of the Council.

5. Any Member may request a recess not to exceed five (5) minutes for the purpose of obtaining records, etc. Any recess in excess of five (5) minutes must be approved by the majority of the Members present.

6. Robert's Rules of Order, revised, shall prevail in all points of order, except as otherwise provided.

7. The foregoing rules are adopted to facilitate the transaction of the Council business and functions. They should not be permitted to defeat or hinder the plainly expressed intent and desire of the Council. Informal compliance and substantial performance shall be sufficient under the foregoing rules in the absence of objections reasonably taken. Objection is hereby declared not to have been reasonably taken as to the procedural matters provided for herein if a Council Member present at a meeting fails to object during the meeting and requests compliance with these rules, and such objection shall not be reasonably taken if taken by an absent Member later than the next regular meeting after the proceedings to which objection is made.

8. Amendment Or Suspension Of Rules. Any rule of the Council may be repealed, altered or amended by a majority vote of the Members. Every amendment offered shall lie on the table until the next meeting of the Council before being voted upon except by the unanimous consent of all Members. Any rule may be suspended by a two-thirds (2/3) vote of the Members of the Council.

9. Committees. All committees, advisory or comprised of Council Members, shall be appointed by a majority of the Council. Each committee shall meet on the call of the committee Chair or any two (2) of its Members or as provided by its rules.

10. Abstaining From Voting. Any Member of the Council on any issue on which a vote is called may abstain from voting therein as the Member so desires and the Member’s abstention shall not be counted on either side of the issue but is deemed to be a nullity insofar as the count relative to the vote is concerned; provided, however, that abstention(s) shall not reduce or change the number of votes required for passage or adoption of the measure by the Council.

H. Legislative Proceedings.

1. In the transaction of legislative business, whenever the Council shall act by Ordinance, the following procedure shall be followed: Every Ordinance shall be by Bill which shall be in written or printed form and the enacting clause shall be: "BE IT ORDAINED BY THE COUNCIL OF THE CITY OF HAZELWOOD, MISSOURI." No Bill, except those making appropriations and those codifying or rearranging existing Ordinances, shall relate to more than one (1) subject, which shall be clearly expressed in the title. Ordinances making appropriations shall be confined to the subject matter of the appropriations.

2. All Bills shall have two (2) readings before final passage, which readings may be by title only. Copies of all Bills shall be available prior to second reading. Upon the request of three (3) Members of the City Council that a Bill be read in its entirety, the Bill shall, upon its second reading, be read in its entirety. Except in the case of emergency Bills, not more than one (1) reading shall be at the same legislative meeting, and at least one (1) week shall lapse between the introduction and final passage of any Bill.

3. Except as otherwise provided herein or in the Charter, the affirmative vote of a majority of the entire Council shall be necessary to adopt any Ordinance or resolution. The vote of each Member of the Council on the final passage of every Ordinance and Resolution shall be recorded in the journal. The vote of each Member on any question shall, at the request of any Member, be entered in the journal.

4. Any Ordinance may be passed as an emergency measure on the day the Bill is introduced, provided it contains the statement that an emergency exists and specifies distinctly the facts and reasons constituting an emergency. No Ordinance granting, enlarging or affecting any franchise shall be passed as an emergency measure. Emergency Ordinances shall be restricted to Bills concerning the immediate preservation of public peace, property, health, safety, welfare or morals; appropriations for current expenses, payments on principal or interest on a public debt and Bills providing for issuance of bonds pursuant to an election. The affirmative vote of at least six (6) Members of the Council shall be required to pass an emergency Ordinance.

5. Every Bill introduced shall be filed with the City Clerk on the day of its first reading and shall remain on file in his/her office for public inspection until it is finally adopted or fails to pass. Prior to the final passage of any Bill, other than an emergency Bill, all persons interested therein shall be given the opportunity to be heard before the Council, in accordance with such rules and regulations as the Council may adopt. After the second reading of any Bill and after compliance with the other provisions herein, the Council may finally pass the Bill with or without amendments; except that if the Council shall make an amendment which constitutes a change in substance, the Bill so amended shall be filed in the office of the City Clerk for one (1) additional week and an opportunity afforded interested persons to be heard as hereinabove provided, after which final action may be taken.

6. An Ordinance, when passed by the Council, shall be signed by the Mayor and attested by the City Clerk and be immediately filed and preserved in his/her office; and except as otherwise provided in the Charter, shall be subject to a referendum as provided in the Charter. Unless otherwise specified, every Ordinance shall become effective immediately upon final passage.

Section 110.020 Expenses.

[CC 1997 §2.16; Ord. No. 2697-95, 11-15-1995; Ord. No. 2807-96, 11-6-1996]

A. Expenses actually and necessarily incurred by Council members in the performance of the official business of the governmental entity while attending any authorized function on behalf of the City shall be paid or reimbursed by the City as follows:

1. All tuition and registration fees.

2. All required books, supplies and incidental expenses.

3. All actual meal costs to a maximum of seventy-five dollars ($75.00) per day of function, plus one (1) day travel time, if out of town.

4. All lodging expenses for Council members only.

5. Coach air fare to destinations, plus transportation to and from hotel, for Council member only.

6. Reimbursement at approved City rate for actual mileage.

7. All actual parking fees.

8. Cost for spouse or guest of Council member to attend banquet at conference.

9. All telephone charges for City business, plus a maximum of two (2) brief calls home when out of town on business.

10. If Council members, traveling on City business, incur lodging expenses, they shall be reimbursed for one (1) night's lodging expenses, for the Council member only, for each four hundred fifty (450) miles traveled, and actually incurred.

B. Each Council member shall be reimbursed by the City, to a maximum of one hundred fifty dollars ($150.00) per day as compensation for loss due to his required presence in court, or other appearances, in matters of City litigation.

C. All itemization, in detail of every particular expense actually incurred, shall be set forth in writing on a voucher furnished by the City of Hazelwood. Said voucher, certified by the employee as being true and correct, shall be filed with the City Clerk within forty-five (45) days of the date the expenses are incurred, except when an advance has been paid by the City and a refund is due the City from the advance, said voucher shall be filed within ten (10) days following the termination of the activity. Vouchers with receipts attached shall be circulated among the Council members and must be approved by at least four (4) members of the Council before being processed for payment.