City of Berkeley, MO City Council

Special meetings may be called by three (3) members of the Council by requesting such with the City Clerk, who shall thereupon prepare a notice of such special 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. The 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 the member twenty-four (24) hours before stated special meeting. By unanimous consent of all Council members, a special meeting may be held at any time.

Section 110.030 Quorum.

[CC 1961 §3.03; Ord. No. 1043]

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.

Section 110.040 Chairman.

[CC 1961 §3.04;Ord. No. 1043]

The President of the Council shall preside at all meetings of the Council. In the absence of the President the other Councilman-at-large shall serve as Chairman. In the absence of both, the Council shall elect one (1) of their number as temporary Chairman.

Section 110.050 Order of Business.

[CC 1961 §3.05; Ord. No. 1043; Ord. No. 3216 §1, 9-8-1992; Ord. No. 3383 §1, 5-20-1996]

Upon the appearance of a quorum the Council shall convene to business which shall be conducted in the following order:

Meeting called to order.

Roll call.

Pledge of allegiance.

Approval of minutes.

Public hearings.

Requests for rezoning, special use permits, resubdivisions.

Resolutions.

Citizens hearings.

Petitions.

Unfinished business.

Introduction of bills.

10.

New business:

Appointment to Boards and Commissions.

11.

Communications.

12.

Reports and recommendations from the Manager.

13.

Reports from the Clerk.

14.

Reports from the Attorney.

15.

Reports from special committees.

16.

Reports from standing committees.

17.

Reports from the Council.

18.

Audience participation (limited to subjects addressed during the meeting).

19.

Adjournment.

The aforesaid order of business may be altered during any meeting upon request of the Chairman or any Councilman, unless a majority of the members of the Council object thereto.

Section 110.060 Rules of Debate.

[CC 1961 §3.06; Ord. No. 1043; Ord. No. 3399 §§i — o, 1-6-1997; Ord. No. 3428 §§i — o, 11-3-1997]

The President of the Council 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 Councilman by reason of his/her acting as the Presiding Officer. By a majority vote of the Council, the Chairman will be required to vacate his/her position in order to debate.

Every member shall address the Chairman and shall not proceed until he/she has been recognized by the Chair. He/she shall indulge in no personalities and confine his/her remarks to the matter under debate. If, while speaking, a member is called to order, he/she shall cease speaking until the question of order be determined, and, if in order, he/she shall be permitted to proceed.

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 his/her reason for the same and the Presiding Officer may briefly express his/her 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 vote as to whether the decision of the Chair shall be sustained. If the majority of the members present vote "aye" the ruling of the Chair is sustained; otherwise, it is overruled.

No member shall speak more than twice on any question, nor more than five (5) minutes each time without the unanimous consent of the Council. A point of order, or request for clarification will not be considered a speaking turn.

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.

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.

Robert's Rules of Order, Revised, shall prevail in all points of order, except as noted herein.

The foregoing rules are adopted to facilitate the transaction of 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.

If any member of the Council or any person appearing before the Council or any duly constituted Committee thereof, in regular or special session:

When called to order, willfully and intentionally refuses or fails to come to order, or

In the presence of the Council or Committee engages in any disorderly behavior or indulges in personalities or disturbs the peace or assault any one as proscribed under Chapter 210 of the ordinances of the City of Berkeley, he/she shall be guilty of contempt of the Council.

For the purposes of Subsection (I)(1) of this Section, if any Council member or person appearing before the Council or any Committee thereof, in regular or special session, be found by the President of the Council or such other member of the Council as may be presiding, to be out of order, the President or Presiding Officer shall call the member of the Council or person appearing before the Council or Committee to order. Any Council member or person, having thrice been called to order, who fails to come to order, shall be guilty of contempt of the Council.

If any member of the Council or any person in attendance at a regular or special session of the Council or a Committee thereof, violate any of the provisions of Subsection (I) of this Section, in addition to any other penalties provided by law, such member or person deemed guilty of contempt, may be summarily expelled from the Council chamber or other place in which the Council or a Committee thereof may be in regular or special session. A person in attendance at a regular or special session of the Council or a Committee thereof, deemed to be in contempt, by the Council or Committee or Presiding Officer thereof, may be expelled from the session on the sole order of the Presiding Officer or by a majority vote of the members of the Council then present at the session of the Council or Committee.

If any member of the Council or any person in attendance at a regular or special session of the Council or a Committee thereof, violate any of the provisions of Subsection (I) of this Section, any member of the Council may report such facts to the President of the Council who shall put the question, as to whether or not said Council member or person shall be cited to show cause why he/she shall not be held in contempt, before the Council in regular or special session. The President of the Council or Presiding Officer shall, upon a majority of the members of the Council present at the session of the Council, issue a warrant signed by the President or Presiding Officer and directed to the Sergeant-At-Arms or any Police Officer commanding him/her to arrest such Council member or person deemed to be in contempt and have his/her body before the Council at a date and time set by the Council thereafter to answer for contempt. Such Council member or person shall be released upon posting a bond not in excess of one hundred dollars ($100.00) or upon his/her personal recognizance wherein he/she guarantees that he/she shall appear on the date set to answer the charge of contempt. The condition of release shall be set by the Council, President or Presiding Officer in its warrant of commitment.

The Sergeant-At-Arms or Police Officer shall execute the warrant. The accused shall have the right to counsel. On hearing of the matter, the Council, if it shall adjudge, by a majority vote of the entire Council, the Council member or person to be in contempt of its authority, may punish him/her by censure or by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the City Jail for not more than ten (10) days or by both such censure, fine and imprisonment.

The judgment of the City Council shall be final.

Any Council member having been thrice convicted of contempt of the Council, during his/her term of office, shall forfeit his/her position on the Council. Any person having been thrice convicted of contempt of the Council shall be barred from attendance at sessions of the Council and Committees thereof for a period of one (1) year.

Section 110.070 Ordinances and Resolutions.

[CC 1961 §3.07; Ord. No. 1043]

No ordinance or resolution shall be submitted to the Council unless requested by a Councilman, City Manager or the City Attorney. All ordinances and resolutions shall be introduced in the Council in written form with the name of the Council member introducing same indorsed thereon, except as stated elsewhere. All proposed ordinances shall be prepared by the City Attorney or bear his/her certification that they are in correct form. A copy therefor shall be sent to each member of the Council in advance of the meeting to which copy shall be attached a brief resume of the bills as prepared by or for the City Manager, together with the reasons for the introduction thereof and, if any amendment of an existing ordinance is proposed, the nature of the change to be made.

Any bill prepared by the administrative officers of the City upon request of the City Manager will be introduced by the Council as a whole, and shall not denote individual sponsorship.

An ordinance or resolution shall not be valid unless it shall receive the affirmative votes of the majority of the elected members of the Council unless as otherwise provided in the Charter.

Section 110.075 (Reserved) [1]

[1]

Editor's Note: Former Section 110.075, Abstention Votes, adopted 12-16-2013 by §1 of Ord. No. 4124, was repealed 3-2-2015 by §1 of Ord. No. 4199.

Section 110.080 Motions.

[CC 1961 §3.08; Ord. No. 1043]

When a motion is made the Chairman will ask for a second to the motion. If no second is forthcoming, no discussion on the motion will be permitted. After seconding, no discussion other than on the question will be permitted.

When a motion is under debate, no other motion shall be entertained unless to adjourn, to lay on the table, to act on the previous question, to postpone, or to amend, which several motions shall have precedence in the order in which they are named, and the first three (3) shall be decided without debate.

Motion to lay on the table for a period not to exceed sixty (60) days shall require a majority of the members present. If the subject of the motion to table has been tabled previously or is tabled for a period exceeding sixty (60) days or contains no time limit it shall require two-thirds (2/3) vote of the members present.

Section 110.090 Committees, Commissions and Boards.

[CC 1961 §3.09; Ord. No. 1043; Ord. No. 2195 §1, 5-2-1977]

All committees, advisory or councilmanic, shall be appointed by a majority vote of the Council. Each committee shall meet on the call of the committee Chairman or any two (2) of its members.

Vacancies On All Boards, Commissions, Committees.

All members of all boards, commissions and committees shall hold office for the term of their appointment or until their successor has been appointed. In the event, however, that any such member's office be vacated the Council shall fill such vacancy for remaining term.

Vacancies in such boards, commissions and committees may occur by resignation, removal, death or disability of a member to the extent that he/she is unable to perform his/her duties to which he/she was appointed.

A vacancy exists if such member is absent and not in attendance at three (3) consecutive duly called meetings unless so excused by the Chairman of such board, commission or committee.

All appointments to boards and commissions shall be appointed for a full term or an unexpired term.

[Ord. No. 4531, 4-1-2019]

Section 110.100 Attendance at Meetings.

[CC 1961 §3.10; Ord. No. 1043]

The City Manager shall attend all meetings of the Council unless excused by the Council. He/she shall keep the Council fully advised of the financial condition and needs of the City. He/she shall make recommendations to the Council and may take part in discussions on all matters concerning the welfare of the City.

The City Attorney shall attend all meetings of the Council unless excused by the Council. Any member of the Council may call upon the City Attorney for an oral or written opinion to decide any question of law, but not to decide upon any parliamentary rules.

Section 110.110 City Clerk's Duties.

[CC 1961 §3.11; Ord. No. 1043]

The City Clerk shall be ex officio Clerk of the Council and shall perform such duties as may be provided by the Charter or by these rules, and shall perform such other and further duties as may be ordered by the Council.

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.

Section 110.120 Amendment or Suspension of Rules.

[CC 1961 §3.12; Ord. No. 1043]

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 elected members. Any rule may be suspended by a two-thirds (2/3) vote of the elected members of the Council.

Section 110.130 Interference With Appointment or Removal of Officers.

[Ord. No. 3404 §§1 — 6, 4-21-1997]

Neither the Council nor any of its members shall direct or request the appointment of any person to office or his/her removal from office by the City Manager or any of his/her subordinates, nor in any way interfere with the appointment or removal of officers and employees in the administrative service of the City. Except for the purpose of inquiry, or as otherwise provided in the City Charter, the Council and its members shall deal with the Administrative Officers and services solely through the City Manager, and neither the Council nor any member thereof shall give orders to the subordinates of the City Manager, either publicly or privately. Nothing in this Section shall prevent the City Manager, if he/she so desires from consulting with the Council or members thereof as to the qualifications of prospective City employees or from giving consent, on a case by case basis, to the Council or its members to deal directly with an Administrative Officer and employees and to directly make requests for services from such Administrative Officers and employees. Any Councilman violating the provisions of this Section or Article 5, Section 10 of the City Charter shall forfeit his/her office. Whether such violation has occurred shall be determined solely by the members of the Council and their decision shall be final.

If any member of the Council shall knowingly and intentionally violate Subsection (A) of this Section or Article 5, Section 10 of the City Charter, such Council member shall be guilty of prohibited interference.

If any member of the Council shall knowingly and intentionally violate Subsection (A) of this Section or Article 5, Section 10 of the Charter, the person, officer, subordinate or employee affected thereby or the City Manager or any member of the Council, but no other person, may report such facts to the Presiding Officer of the Council who shall put the question, as to whether nor not said Council member shall be cited to show cause why he/she shall not be held to have forfeited his/her office for prohibited interference, before the Council in regular or special session. The Presiding Officer shall, upon a majority vote of the members of the Council present at the session of the Council, issue an order to show cause signed by the Presiding Officer and directed to the Council member summoning such Council member, alleged to be guilty of prohibited interference, to appear before the Council at a date and time set by the Council thereafter to answer the charge. Such Council member shall appear in person at the time and date set by the Council to answer the charge of prohibited interference.

Order To Show Cause.

The Council shall serve the order to show cause, along with any bill of particulars or accompanying papers in support of said charge, presented to the Council by the charging party, not less than ten (10) days prior to the date set for hearing on the charge.

The order to show cause shall be served upon the Council member:

Personally,

By leaving same with a resident of the accused's home over the age of fourteen (14);

By posting same on the door of the accused's last known address and by first (1st) class certified mail; or

By including notice thereof in the agenda of any regular Council meeting and posting thereof on the wall at the City Hall in the usual course of business.

If the Council person is present in the meeting at which the charge is presented or at which the order to show cause shall be issued, then the Council person shall be served such order to show cause at the time said order to show cause is issued. However, if the Council person refuses to accept service of process at said meeting, it shall be noted in the minutes and the Council person shall be deemed to have been constructively served and notified of the charge; and the order to show cause and accompanying papers shall be left in his/her mail box in the Council chambers or the office of the City Clerk.

The accused shall have the right to counsel. On hearing of the matter, the Council, if it shall adjudge, by a majority vote of the entire Council, the Council member to be guilty of prohibited interference, may punish him/her by censure or by a fine of forfeiture of salary in a sum not more than the salary he/she may earn for the balance remaining on his/her current term of office or by declaration of forfeiture and ouster from office.

The accused shall have no right to appeal and decision of the City Council shall be final.

Section 110.135 (Reserved) [1]

[1]

Editor's Note — Ord. no. 3901, passed and approved May 3, 2010, repealed ord. no. 3879 which was contained in this section 110.135 "Council members prohibited from intimidating city employees". At the editor's discretion, we have left this section reserved for the city's future use.

Section 110.140 Ouster From Office for Disabilities Arising After Election to Office — Procedures — Penalties.

[Ord. No. 3419 §§1 — 5, 8-6-1997]

Qualifications Of Councilmen.

Each member of the Council shall be a registered voter of the City, and shall have been a resident thereof or of the territory annexed to the City, for at least two (2) years immediately prior to his/her election. The Councilmen elected by Wards shall be residents of the respective Wards for two (2) years from which they are elected.

A Councilman shall, during his/her term, hold no other elective public office, and shall not be an officer or employee of the City Government. The term "elective public office" shall not include a political party office and election of a Council member to a political party office or the County central committee of a political party by members of a political party in a primary election shall not be deemed to violate Article II, Section 2 of the Charter.

If a Councilman shall cease to possess these qualifications, or shall, during his/her term of office, hold another elective public office, or shall become an officer or employee of City Government, or shall cease to be a registered voter or resident of the City, or, if elected from a Ward, shall cease to be a resident of the Ward from which he/she shall have been elected, or shall be convicted, of a felony, malfeasance in office, bribery, or other corrupt practice, or a misdemeanor involving moral turpitude, he/she shall forthwith forfeit his/her office. Whether such violation has occurred shall be determined solely by the members of the Council and their decision shall be final.

If any member of the Council shall knowingly and intentionally violate Subsection (A) of this Section or Article II, Section 2 of the City Charter, such Council member shall forfeit his/her office.

If any member of the Council shall knowingly and intentionally violate Subsection (A) of this Section or Article II, Section 2 of the Charter, any member of the Council, upon information and belief may file a petition in the nature of quo warranto with the Council, which shall put the question, as to whether or not said Council member shall be cited to show cause why he/she shall not be held to have forfeited his/her office, before the Council in regular or special session. The Presiding Officer, upon a majority vote of the members of the Council present at the session of the Council, the accused being disqualified from voting on the question, shall issue an order to show cause signed by the Presiding Officer and directed to the Council member summoning such Council member, alleged to be guilty of violation of Article II, Section 2, to appear before the Council at a date and time set by the Council thereafter to answer the charge. Such Council member shall appear in person at the time and date set by the Council to answer the charge.

Show Cause Order.

The order to show cause shall be served upon the Council member:

Personally,

By leaving same with a resident of the accused's home over the age of fourteen (14),

By posting same on the door of the accused's last known address and by first (1st) class certified mail, or

By including notice thereof in the agenda of any regular Council meeting and posting thereof on the wall at the City Hall in the usual course of business.

The accused shall have the right to counsel. On hearing of the matter, the Council, if it shall adjudge, by a majority vote of the entire Council, the Council member to be guilty of violation of Article II, Section 2 of the Charter, shall punish him/her by declaration of forfeiture and ouster from office.

Section 110.145 Council Members Not to Disseminate Council Direct Reports Information.

[Ord. No. 3883 §§1 — 3, 2-15-2010]

Council members shall not communicate, by any means, personnel information regarding hiring, discipline or termination, of their direct reports, to anyone that reports directly or indirectly to a Council direct report.

Proof of violation of this policy shall be determined by the Council.

Violation of this Section shall be punishable by Section 110.150 "Unauthorized Disclosure of Confidential Communications and Documents" of the Municipal Code of the City of Berkeley.

Section 110.150 Unauthorized Disclosure of Confidential Communications and Documents.

[Ord. No. 3424 §§a — e, 10-1-1997; Ord. No. 3792 §§1 — 3, 5-5-2008]

If any member of the Council:

Appearing before the Council or any duly constituted committee thereof, in closed session, as provided by Section 610.021, RSMo., shall disclose any confidential communication or document, the subject of which was disclosed, in confidence, within said closed session, to any person not specifically authorized by the Council to receive said confidential communication or document,

Shall surreptitiously tape or record the proceedings of the Council or a Committee thereof meeting in closed session pursuant to Section 610.021, RSMo., or

Disclose to any person not authorized to receive confidential communications or documents, any confidential communication or document, protected under Section 610.021, RSMo., the subject of which was officially or unofficially disclosed to said Council member in his/her official capacity as a member of the Council, in the usual course of business, by a City Official, employee or agent of the City, in confidence,

said member of the Council shall be guilty of unauthorized disclosure of confidential communications or documents.

If any member of the Council shall knowingly and intentionally violate Subsection (A) of this Section, such Council member shall be guilty of unauthorized disclosure of confidential communications or documents.

If any member of the Council shall knowingly and intentionally violate Subsection (A) of this Section, the person, officer, subordinate or employee having knowledge thereof, may report such facts to the Presiding Officer of the Council who shall put the question, as to whether or not said Council member shall be cited to show cause why he/she shall not be found guilty of unauthorized disclosure of confidential communications or documents, before the Council in regular or special session. The Presiding Officer shall, upon a majority vote of the members of the Council present at the session of the Council, issue an order to show cause signed by the Presiding Officer and directed by the Council member summoning such Council member, alleged to have violated Subsection (A) of this Section, to appear before the Council at a date and time set by the Council thereafter to answer the charge. Such Council member shall appear in person at the time and date set by the Council to answer the charge of the unauthorized disclosure of confidential communications or documents.

Order To Show Cause.

The order to show cause shall be served upon the Council member:

Personally,

By leaving same with a resident of the accused's home over the age of fourteen (14);

By posting same on the door of the accused's last known address and by first (1st) class certified mail; or

By including notice thereof in the agenda of any regular Council meeting and posting thereof on the wall at the City Hall in the usual course of business.

The accused shall have the right to counsel. On hearing of the matter, the Council, if it shall adjudge, by a majority vote of the entire Council, the Council member to be guilty of unauthorized disclosure of confidential communications or documents, may punish him/her:

By censure;

By a fine of forfeiture of salary in a sum not more than the salary he/she may earn for the balance remaining on his/her current term of office;

By exclusion from attendance at closed sessions of the Council;

By exclusion from receipt of any confidential communications or documents in the future;

By declaration of forfeiture and ouster from office; or

By any combination of the aforesaid penalties.

Sanctions Applicable — When.

Any member of the City of Berkeley Council who is found to have disclosed confidential information obtained in closed session pursuant to Section 610.021, RSMo., shall be subject to sanction by the Council.

Sanctions shall include a monetary penalty of up to one thousand dollars ($1,000.00), which shall be determined in the sole discretion of the Council for each violation. Any sanction imposed shall not affect any penalty that may be imposed by State Statutes or Federal laws. This sanction shall be in addition to any other penalties.

Any member of the Council who fails or refuses to pay sanctions pursuant to this Subsection within thirty (30) days of an order of the Council shall forfeit his public office.

The accused shall have no right to appeal and the decision of the City Council shall be final.[1]

[1]

Editor’s Note: Former Section 110.160, Prohibiting Political Activity at Any Meeting or Berkeley Sponsored Event, as adopted 9-20-2010 by Ord. No. 3948 §§1 — 3, and which immediately followed this Section, was repealed 8-18-2014 by Ord. No. 4153 §1.