[R.O. 1994 § 110.010; Ord. No.
6 § 6, 8-26-1966; Ord. No. 2016-34, 10-11-2016; Ord. No. 2023-39, 9-28-2023]
The regular meetings of the Board of Aldermen of the City of
Lake Ozark shall be held when a lawful quorum is present on the second
and fourth Tuesday of every month, in the designated Board Chamber
of City Hall, at the hour of 5:30 P.M. on such days or at times as
adjourned to. Special meetings of the Board of Aldermen may be called
as deemed necessary by the Mayor and/ or any two (2) Aldermen whom
shall submit a written request to the City Clerk. The City Clerk shall
then prepare notice to be served upon the Mayor and each member of
the Board of Aldermen at least twenty-four (24) hours in advance of
the time set for said meeting and shall comply with notice provisions
as set out in Chapter 610, RSMo. If called by members of the Board
of Aldermen, those members calling for the special meeting shall be
present at such special meeting along with such other Aldermen as
necessary to constitute a lawful quorum for conducting business.
[Ord. No. 2023-13, 4-11-2023]
A.
The
work sessions of the Board of Aldermen of the City of Lake Ozark shall
be held when a lawful quorum is present on the second Tuesday in February,
May, August and November, in the designated Board Chamber of City
Hall, at the hour of 2:00 P.M.
B.
During
these meetings, the Board of Aldermen may not take action on any business
items, but to discuss those items placed on the agenda by members
of the Board of Aldermen and City staff.
C.
Should
it be determined that there is a need for a work session on a more
frequent basis, these shall be scheduled in accordance with the provisions
of Chapter 610 RSMo., and the City's Code of ordinances as for any
public meetings.
Special meetings may be called by the Mayor or by any two (2) members of the Board of Aldermen by written request filed with the City Clerk who shall thereupon prepare a notice of such special meeting in conformance with Chapter 120, Open Meetings and Records Policy, of this Code.
[Ord. No. 2021-58, 12-14-2021]
A.
The
Mayor, or in the Mayor's absence, the President of the Board, or upon
request of two (2) or more Aldermen, may order that any regular or
special meeting of the Board of Aldermen be held remotely with attendance
by some or all of the members being done electronically. Notice of
the electronic meeting shall be served upon all members in the same
manner as any other regular or special board meeting.
B.
As
to any other regular or special meeting of any other standing committee
or commission authorized by the Code of Ordinances of the City of
Lake Ozark, Missouri, the Chairman or in the Chairman's absence, the
Vice-Chairman of such committee or commission, or upon request of
two (2) or more members of such committee or commission, may order
that any regular or special meeting of such committee or commission
be held remotely with attendance by some or all of the members being
done electronically. Notice of the electronic meeting shall be served
upon all members in the same manner as any other regular or special
committee or commission meeting.
C.
The
record of all electronic meetings shall be kept in the same manner
as all other meetings of the applicable board, committee, or commission.
D.
Notice
of the public shall be provided for any electronic meeting in the
same manner as is required by Chapter 610, RSMo., and the City's Code
of Ordinances as for any non-electronic public meetings. Notice of
the electronic meeting shall set forth the means by which members
of the board, committee, or commission and members of the public may
log into the meeting to attend electronically. The means of attendance
by the public shall be the same as the means of attendance by members
of the board, committee, or commission.
[R.O. 1994 § 110.040; Ord. No.
89-8 §4, 5-9-1989]
At the hour appointed, the Mayor, or in his/her absence the
Acting President of the Board of Aldermen, shall call the Board of
Aldermen to order, and the Clerk shall call the roll of members and
announce whether or not a quorum is present. A majority of the members
elected to the Board of Aldermen shall constitute a quorum. If a quorum
not be present, a smaller number may lawfully adjourn the meeting
from day to day until a quorum is present. In the absence of a quorum,
the Presiding Officer shall, at the instance of any four (4) members
present, compel the attendance of absent members.
[R.O. 1994 § 110.050; Ord. No.
6 § 9, 8-26-1966; Ord. No. 89-8 § 5, 5-9-1989]
A.
All meetings of the Board shall be open to the public with the exception
of executive session as determined by the Board and as permitted by
law. Promptly at the hour set by law on the day of each regular meeting
the members of the Board, the City Clerk, City Attorney, Mayor and
City Administrator shall take their regular stations at the Board
Chambers, and the business of the Board shall be taken up for considerations
and disposition. The order of business shall be as determined by the
Board of Aldermen and may consist of the following items:
B.
Any business may be called up out of the regular order by the consent
of the majority of the members present.
[R.O. 1994 § 110.060; Ord. No.
89-8 § 6, 5-9-1989]
Unless a reading of the minutes of a Board meeting is requested
by a member of the Board, such minutes may be approved without reading
if the Clerk has previously furnished each member with a copy thereof.
[R.O. 1994 § 110.070; Ord. No.
89-8 § 7, 5-9-1989]
A.
Presiding Officer May Debate, Etc. The Mayor or Acting Mayor, or
such other member of the Board as may be presiding may move, second
and debate from the chair, subject only to such limitations imposed
by Missouri Revised Statutes.
B.
Getting The Floor — Improper References To Be Avoided. Every
member desiring to speak shall address the chair and, upon recognition
by the Presiding Officer, shall confine himself/herself to the question
under debate, avoiding all personalities and indecorous language.
C.
Interruptions. A member, once recognized, shall not be interrupted
when speaking unless it is to call him/her to order, or as herein
otherwise provided. If a member, while speaking, is called to order,
he/she shall cease speaking until the question or order is determined,
and, if in order, he/she shall be permitted to proceed.
D.
Privilege Of Closing Debate. The Aldermen moving the adoption of
an ordinance or resolution shall have the privilege of closing the
debate.
E.
Limitation Of Debate. No member of the Board of Aldermen shall be
allowed to speak more than once upon any one subject, issue, motion,
resolution or ordinance before the Board of Aldermen until every other
member of the Board of Aldermen choosing to speak thereon shall have
spoken.
F.
Remarks Of Aldermen — When Entered In Minutes. An Aldermen
may request, through the Presiding Officer, the privilege of having
an abstract of his/her statement on any subject under consideration
by the Board entered in the minutes. If the Board consents thereto,
such statement shall be entered in the minutes.
G.
Synopsis Of Debate — When Entered In Minutes. The Clerk may
be directed by the Presiding Officer, with consent of the Board, to
enter in the minutes a synopsis of the discussion on any question
coming regularly before the Board.
[R.O. 1994 § 110.080; Ord. No.
89-8 § 8, 5-9-1989]
A.
Any person desiring to address the Board shall first secure the permission
of the Presiding Officer to do so; provided however, that under the
following headings of business, unless the Presiding Officer rules
otherwise, any qualified person may address the Board without securing
such prior permission:
1.
Written Communications. Interested parties or their authorized
representatives may address the Board by written communication in
regard to matters then under discussion.
2.
Oral Communications. Taxpayers or residents of the City, or
their authorized legal representatives, may address the Board by oral
communications on any matter concerning the City's business, or any
matter over which the Board has control; provided however, that preference
shall be given to those persons who may have notified the City Clerk
in advance of their desire to speak in order that same may appear
on the agenda of the Board.
[R.O. 1994 § 110.090; Ord. No.
89-8 § 9, 5-9-1989]
After a motion is made by the Board, no person shall address
the Board without first securing the permission of the Board to do
so.
[R.O. 1994 § 110.100; Ord. No.
89-8 § 10, 5-9-1989]
Each person addressing the Board shall step up, shall give his/her
name and address in an audible tone of voice for the records, and,
unless further time is granted by the Board, shall limit his/her address
to three (3) minutes. Each Board member addressing his/her fellow
members shall limit his/her address to five (5) minutes. All remarks
shall be addressed to the Board as a body and not to any member thereof.
No person, other than the Board and the person having the floor, shall
be permitted to enter into any discussion, either directly or through
a member of the Board, without the permission of the Presiding Officer.
No question shall be asked an Alderman except through the Presiding
Officer.
[R.O. 1994 § 110.110; Ord. No.
89-8 § 11, 5-9-1989; Ord. No. 2000-04 § 1, 2-22-2000]
A.
Abstention. In the event a member of the Board of Aldermen states
that he/she is abstaining, the vote shall be recorded as an abstention
and not recorded as a yea or nay.
B.
Change Of Vote. A member of the Board of Aldermen voting on any motion,
issue or question shall have the right to change his/her vote thereon
at any time prior to the declaration by the Presiding Officer of the
Board of the final vote upon said motion, question or issue. After
such declaration by the Presiding Officer a member shall be allowed
to change his/her vote only pursuant to a motion to reconsider.
[R.O. 1994 § 110.120; Ord. No.
89-8 § 12, 5-9-1989]
A.
By Aldermen. While the Board is in session, the members must preserve
order and decorum, and a member shall neither, by conversation or
otherwise, delay or interrupt the proceedings or the peace of the
Board nor disturb any member while speaking or refuse to obey the
orders of the Board of its Presiding Officer, except as otherwise
herein provided.
B.
By Others. Any person making personal, impertinent, or slanderous
remarks, or who shall become boisterous while addressing the Board,
shall be forthwith, by the Presiding Officer, barred from further
audience before the Board unless permission to continue is granted
by a majority vote of the Board.
C.
Toward Employees. No attempt to publicly embarrass or humiliate any
employee by another employer or Board member shall be tolerated.
[R.O. 1994 § 110.130; Ord. No.
89-8 § 13, 5-9-1989]
The Chief of Police, or such member or members of the Police
Department as he/she may designate, shall be Sergeant of Arms of the
Board meetings. However, said attendance and function shall be subject
to the discretion of the Presiding Officer of the Board. As Sergeant
of Arms, said member or members of the Police Department shall carry
out all orders and instructions given by the Presiding Officer for
the purpose of maintaining order and decorum at the Board meeting.
[R.O. 1994 § 110.160; Ord. No.
89-8 § 16, 5-9-1989]
Any member of the Board of Aldermen shall have the right to
express dissent from or protest against any ordinance or resolution
of the Board and have the reasons therefor entered upon the journal.
Such dissent or protest must be filed in writing couched in respectful
language and presented to the Board not later than the next regular
meeting following the date of passage of the ordinance or resolution
objected to, and such written dissent or protest shall be entered
in the journal.
[R.O. 1994 § 110.170; Ord. No.
89-8 § 17, 5-9-1989]
No account or other demand against the City shall be allowed
until the same has been considered and reported upon by the committee
of the whole.
[R.O. 1994 § 110.190; Ord. No.
89-8 § 19, 5-9-1989]
A.
Motions and rules of procedure are as follows:
1.
Precedence Of Motions. When a question is before the Board no
motion shall be entertained except:
a.
To adjourn.
b.
To fix hour of adjournment.
c.
To lay on table.
d.
For the previous question.
e.
To postpone to a certain day.
f.
To refer.
g.
To amend.
h.
To postpone indefinitely.
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These motions shall have precedence in the order indicated.
Any such motion, except a motion to amend, shall be put to a vote
without debate.
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2.
Motions To Be Stated By Chair; Withdrawal. When a motion is
made and seconded, it shall be stated by the chair before debate.
A motion may not be withdrawn by the mover thereafter without the
consent of the member seconding it and the approval of the Board.
3.
4.
Motion To Lay On Table. A motion to lay on table shall preclude
all amendments or debates of the subject under consideration.
5.
Moving Previous Question. When the previous question is moved
and seconded by one another member, it shall be put as follows: "Shall
the main question be now put?" There shall then be no further amendment
or debate, but pending amendments shall be put in their order before
the main question. If the question "Shall the main question be now
put?" be decided in the negative, the main question remains before
the Board.
6.
Division Of Question. If the question contains two (2) or more
divisible propositions, the Presiding Officer may, and upon request
of a member shall, divide the same.
7.
Amend To Strike Out, Etc. On an amendment to "strike out and
insert," the paragraph to be amended shall first be read as it stands,
then the words proposed to be stricken out and those to be inserted
shall be read, and finally the paragraph as it would stand if so amended
shall be read.
8.
Amend An Amendment. A motion to amend an amendment shall be
in order, but one to amend an amendment to an amendment shall not
be introduced. An amendment modifying the intention of a motion shall
be in order, but an amendment relating to a different matter shall
not be in order.
9.
Motion To Postpone. All motions to postpone, excepting a motion
to postpone indefinitely, may be amended as to time. If a motion to
postpone indefinitely is carried, the principal question shall be
declared lost.
10.
Motion To Reconsider. Upon the declaration of a vote by the
Presiding Officer on any question, issue, motion, ordinance or resolution,
any member who voted with the majority may move for a reconsideration
of the matter at the same or the next succeeding meeting, provided
that said question, issue, motion, ordinance or resolution must be
expressly placed upon the agenda for said succeeding meeting, and
further provided, that the resolution or ordinance authorizing or
relating to any contract may be reconsidered at any time before the
final execution thereof. A motion to reconsider an ordinance or resolution
shall require the same number of votes for passage as is required
to adopt an ordinance or resolution. A motion to reconsider any other
matter shall require approval of the majority of those members present
and voting on said issue. After a motion for reconsideration has once
be acted upon, no other motion for reconsideration thereof shall be
made without the consent of two-thirds (2/3) of the members of the
Board present. The term "next succeeding meeting" as used herein,
shall mean the next succeeding regularly scheduled meeting of the
Board of Aldermen unless such matter involved be expressly placed
upon the agenda of a duly called special meeting of the Board.
[R.O. 1994 § 110.200; Ord. No.
89-8 § 20, 5-9-1989]
The committee of the whole shall make its reports in writing,
and shall return the petition, resolution, account or other paper
submitted for consideration.
[R.O. 1994 § 110.210; Ord. No.
89-8 § 21, 5-9-1989]
All reports and resolutions shall be filed with the Clerk and
entered in the minutes.
[R.O. 1994 § 110.230; Ord. No.
98-11 § 1, 4-28-1998]
All audio tapes of proceedings before the Board of Aldermen
shall be preserved for a period of five (5) years after production
thereof.
Except as otherwise provided by law or ordinance, the proceedings
of the Board of Aldermen shall be controlled by Robert's Rules of
Order, as revised.
