City of Perth Amboy, NJ Chapter A436 Council Rules of Procedure

[HISTORY: Adopted by the Council of the City of Perth Amboy 9-19-72 as Ord. No. 5-72. Amendments noted where applicable.]

§ A436-1 Short Title.

This ordinance shall be known as the "Rules of Council, 1972," and as hereinafter sometimes referred to as "the rules."

§ A436-2 Rules governing meetings.

The following rules shall govern the Council and its meetings:

A. Rule I. Call to order: President pro tem. The President shall take the chair at the hour appointed for the meeting and shall immediately call the Council to order. In the absence of the President, the Clerk or his designee shall call the Council to order. The clerk shall then determine whether a quorum is present and, if there is, shall call for the election of a Temporary President. Upon the arrival of the President, the Temporary President shall forthwith relinquish the chair upon the conclusion of the business immediately before the Council.

B. Rule II. Roll call. Before proceeding with the business of the Council, the Clerk or his designee shall call the roll of the members in alphabetical order, and the names of those present shall be entered in the minutes.

C. Rule III. Quorum.

(1) A majority of the whole number of members of the Council shall constitute a quorum. No ordinance, resolution or motion shall be adopted by the Council without the affirmative vote of the majority of all the members of the Council.

(2) Should no quorum attend within thirty (30) minutes after the hour appointed for the meeting of the Council, the President, or in his absence the Clerk or his designee, may thereupon adjourn the meeting until the next day, unless by unanimous agreement those members present select another hour or day. The names of the members present, and their action at such meeting shall be recorded in the minutes by the Clerk.

D. Rule IV. Order of business. All regular and special meetings of the Council shall be open to the public. Promptly at the hour set for each meeting, the members of the Council and the Clerk shall take their regular stations in the Council Chamber, and the business of the Council shall be taken up for consideration and disposition in the following order, which may be changed at the pleasure of the Council:

[Amended 5-15-1990 by Ord. No. 504-90; 5-23-2007 by Ord. No. 1391-2007]

(1) Invocation.

(2) Pledge of Allegiance.

(3) Roll call.

(4) Presentations.

(5) Topics for discussion.

(6) Public comment—The citizens may address the Council on any matter on the agenda, which does not have its own scheduled public hearing. (Citizens shall be limited to a maximum of five (5) minutes.)

(7) Agenda.

(a) Minutes.

(b) Bids.

(c) Supplemental debt statement.

(d) Liquor license transfer (Notification).

(e) Liquor license—Social Affair Permit.

(f) Reports.

(g) Ordinances—First reading.

(h) Ordinances—Public hearing/adoption.

(i) Resolutions.

(j) Communications.

(8) Executive (Closed session).

(9) Hearing of citizens—Citizens shall be limited to a maximum of ten (10) minutes.

(10) Public portion.

(11) Adjournment.

E. Rule V. Reading of minutes. Unless a reading of the minutes of a Council meeting is requested by a majority of the Council, such minutes when signed by the President and the Clerk may be approved without reading, provided that the Clerk, at least two (2) full working days preceding the meeting, shall deliver a copy thereof to each member of the Council.

F. Rule VI. Voting and minutes. As provided by the Charter (Section 17-31), the vote upon every motion, resolution or ordinance shall be taken by roll call in alphabetical order, except that the President shall be polled last, and the yeas and nays shall be entered on the minutes. Upon the call of the roll no member shall discuss or explain his vote; and the silence of any Councilman who is present shall be recorded as an affirmative vote unless he states directly that he abstains. The minutes of each meeting shall be signed by the presiding officer and by the Clerk.

Editor's Note: See N.J.S.A. 40:69A-180.

G. Rule VII. Committees. There shall be no standing committees of the Council, other than the committee of the whole. The rules of the Council shall govern the meetings of the committee of the whole so far as applicable. Special committees for legislative purposes may be appointed by the President pursuant to resolution. No special committee shall proceed to the consideration of any matter referred to it unless a majority of the members of the committee shall be present. All committee meetings shall be held at City Hall. No special committee shall report on a matter referred to it at the same meeting at which the reference is made, except by unanimous consent of the members of the committee.

H. Rule VIII. Rules of debate.

(1) Question under consideration. When a question is presented and seconded, it is under consideration and no motion shall be received thereafter, except to adjourn, to lay on the table, to postpone or to amend, until the question is decided. These motions shall have preference in the order in which they are mentioned and the first two (2) shall be decided without debate.

(2) As to the President. The President 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 upon all members and shall not be deprived of any of the rights and privileges of a Councilman by reason of his being the presiding officer.

(3) Getting the floor; improper reference to be avoided. Every member desiring to speak for any purpose whatsoever shall address the presiding officer and, upon recognition, shall confine himself to the question under debate, avoiding all personalities and indecorous language. A member may only speak once on the same subject until all other members have had an opportunity to be heard.

(4) Interruption. A member once recognized shall not be interrupted when speaking unless it shall be to call him to order or as herein otherwise provided. If a member while speaking shall be called to order, he shall cease speaking until the question of order is determined by the presiding officer, and if in order, he shall be permitted to proceed. Any member may appeal to the Council from the decision of the Chairman upon a question of order, when without debate the Chairman shall submit to the Council the question, "Shall the decision of the chair be sustained?" and the Council shall decide by a majority vote.

(5) Privilege of closing debate. The Councilman moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.

(6) Robert's Rules of Order. Except as otherwise provided by this chapter, Robert's Rules of Order (most recent edition) shall govern the proceedings of Council.

I. Rule IX. Addressing the Council.

(1) Leave.

(a) Subject to the provisions of Rule XI, any person may apply to the presiding officer for permission to address the Council, which permission shall be granted only after a showing to the satisfaction of the presiding officer that the subject matter of the address is timely and relevant and is a matter over which the Council has some responsibility; provided, however, that such application shall be delivered to the Clerk not later than the close of business on the Thursday preceding the regular meeting of Council for which the permission is sought.

(b) Any person may orally petition the Council at any Council meeting for leave to address the Council at that meeting, which leave shall be granted only after a showing to the satisfaction of a majority of the members of the Council present that the subject matter of the address is timely and relevant and is a matter over which the Council has some responsibility.

(2) Manner of addressing Council; time limit. Each person addressing the Council shall step up to the microphone, shall give his name and address in an audible tone of voice for the records, and unless further time is granted by the Council, shall limit his address to five (5) minutes. All remarks shall be addressed to the Council as a body and not to any person thereof. No person other than members of the Council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the presiding officer. No question shall be asked a Councilman except through the presiding officer.

J. Rule X. Decorum.

(1) By Council members. While the Council is in session, the members must preserve order and decorum, and a member shall neither by conversation or otherwise, except as herein provided, delay or interrupt the proceedings or the peace of the Council, disturb any member while speaking or refuse to obey the orders of the Council or its presiding officer.

(2) By persons. Any person making impertinent or slanderous remarks or who shall become boisterous while addressing the Council shall forthwith be barred from further audience before the Council at that meeting, by the presiding officer, unless permission to continue or again address the Council shall be granted by the majority vote of the Council.

K. Rule XI. Enforcement of decorum. The Chief of Police or such member or members of the Police Department as he may designate shall be the Sergeant at Arms of the Council meetings. He or they shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meetings.

L. Rule XII. Suspension of rules. Any of these rules may be suspended by unanimous consent as to any specific matter before the Council.