A.Â
Citation.
All citations of this Code may be designated the Code of the City
of Rochester, adding to the citation when necessary the number of
the chapter and section.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.Â
Enacting
style. The enacting style in making and passing ordinances shall be,
"The City of Rochester Ordains."
C.Â
Effective
date. Every ordinance shall take effect upon passage unless a different
time is provided therein.
D.Â
Recordation
and preservation. The City Clerk shall cause to be engrossed all ordinances
which have passed the City Council. The same shall be done in plain
and legible handwriting, typewriting, or printing as the City Clerk
shall determine without erasure or interlineation, upon strong paper
of a suitable size with a proper margin, and he/she shall bind such
ordinances in a book lettered, "Record of General Ordinances of the
City of Rochester" which book shall be preserved in the office of
the City Clerk and shall be currently maintained by said City Clerk
and shall be subject to the inspection of the citizens.
Every proposed ordinance, proposed amendment to any ordinance,
proposed resolution, or other proposed petition to be submitted to
any regular meeting of the City Council shall be submitted by the
proponent thereof in writing to the City Clerk no later than five
days prior to the regular meeting of said Council. The City Clerk
shall notify each member of the City Council in writing of each proposed
ordinance, proposed amendment to any ordinance, proposed resolution
or other proposed petition submitted as aforesaid at least four days
prior to the date of said regular City Council meeting. Any proposed
ordinance or amendment thereto, proposed resolution or other proposed
petition not submitted to the City Clerk at least five days prior
to a regular meeting of the City Council or whose contents have not
been submitted to each City Councilor at least four days prior thereto
may be acted upon by the City Council at such regular meeting, provided
that the City Council shall vote to act upon such legislation by a
two-thirds vote of the Council.
A.Â
The design
of the City Seal shall be: a circle with a border around it; across
the center of the circle, the word "Rochester"; above said word a
perspective view of Haven's Hill, a pair of horses attached to a cart,
men loading grain; below said word a perspective view of shoe shops,
tannery, railroad tracks, engine and car; in the border, the words
"Town Chartered 1722, Settled 1728, Organized 1737, City Charter 1891,"
the device thereof being as follows:
B.Â
Custody.
The City Clerk shall have the custody of the City Seal, but shall
permit any duly authorized officer of said City to affix said Seal
to any document requiring the same.
C.Â
Affixation.
All deeds and other legal documents made, given, or entered into by
the City, requiring a seal, shall be sealed with the City Seal and
be signed and acknowledged in behalf of the City by the City Manager
or such other official as may be duly authorized.
A.Â
Municipal
body in legislative capacity; prohibition on voting. When a municipal
body acts in a legislative capacity, no member shall vote on any matter
in which he/she has a conflict of interest.
B.Â
Municipal
body in legislative capacity; limitation on discussion. When a municipal
body acts in a legislative capacity, a member having a conflict of
interest concerning a matter before the body may participate in the
body's discussion concerning the matter, whether in public or executive
session, only upon satisfaction of the requirements established by
Section 72 of the Rochester City Charter.
C.Â
Municipal
body in judicial capacity. When a municipal body acts in a judicial
capacity, no member shall sit upon the hearing, participate in any
discussion, attend any executive session, or vote upon the matter
if he/she would be disqualified for any cause to act as a juror upon
the trial of the same matter in any action at law. Reasons for disqualification
do not include exemption from service as a juror or knowledge of the
facts involved gained in the performance of the member's official
duties.
D.Â
CONFLICT OF INTEREST
DIRECT
MEMBER
MUNICIPAL BODY
PECUNIARY INTEREST
PERSONAL
Definitions.
The following words and phrases when used in this section shall have
the meaning given to them in this subsection:
Direct personal and pecuniary interest.
Immediate, definite, and capable of demonstration; not remote,
uncertain, contingent, and speculative.
A member of a municipal body.
The Rochester City Council, Police Commission, School Board,
Utility Advisory Board, Zoning Board of Adjustment, Planning Board,
Historic District Commission or any other authorized City body with
legislative and/or judicial powers.
Any advantage in the form of money, property, commercial
interest or anything else, the primary significance of which is economic
gain.
An interest different from that of any other citizen.
E.Â
Procedure. When uncertainty arises as to a member's right to participate in the municipal body's work, because of Subsection A, B or C, the municipal body shall, upon the request of that or any other member, vote on whether that member should be disqualified. Any such request and vote shall be made prior to or at the commencement of any discussion of the matter before the municipal body. If by an affirmative roll-call vote of at least 2/3 of the members of the body present the body finds that the member has a conflict of interest, that member shall be prohibited from action in accordance with this section. The challenged member, if present, shall be entitled to vote on the question of his/her disqualification. If a court of a competent jurisdiction subsequently determines that the municipal body erroneously found a conflict of interest to exist, then the member in question may at the regular meeting of the municipal body first following the date of such determination move for reconsideration of the matter. If a court of competent jurisdiction subsequently determines that the municipal body erroneously failed to find a conflict of interest, and the official in question voted in the majority on the matter, then at the regular meeting of the municipal body first following the date of such determination any member who voted in the minority may move for reconsideration.
[Amended 5-1-2007]