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The code of the city of Charlottesville, Virginia, 1965 :

the charter and the general ordinances of the city
  
  
  
  
  

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Division 2. Rules of Order and Procedure.

Sec. 2-20. Adoption and suspension.[23]

The city council shall determine the rules of its proceedings,
except so far as the same are determined by the Constitution
and laws of the state and the Charter of the city.

The rules of order and procedure of the city council, with the
right of the body to suspend the same by a four-fifths vote,
shall be as set out in this article.

No rule adopted by the city council shall be suspended except
by the consent of four members. Suspension of the rules may
be made by a motion. (Code 1959, § 2-20.)

 
[23]

For charter provision authorizing council to adopt rules, etc., see Char., § 12.

Sec. 2-21. Robert's Rules of Order.

The proceedings of the city council, except as its own rules may
otherwise provide, shall be governed by Robert's Rules of Order.
(Code 1959, § 2-21.)

Sec. 2-22. Duties of presiding officer.

The presiding officer shall enforce the rules of the city council,


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preserve order and decorum, appoint all committees not
otherwise provided for and discharge such other duties as
appertain to his office. (Code 1959, § 2-22.)



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Sec. 2-23. President to decide questions of order; appeal from
decision.

The president shall decide questions of order and may, without
vacating his chair, give his reasons for his decisions.

From any decision of the chair an appeal may be made to
the city council, the question being, "Shall the decision of the
chair be sustained as the decision of the council?"

Upon such appeal no debate shall be allowed if it refers to
a question of decorum, but if it relates to the priority of business,
or to relevancy or applicability of propositions, the appeal
may be debated. (Code 1959, § 2-23.)

Sec. 2-24. President to state questions and declare results.

Questions shall be distinctly put in the following form,
namely, "As many as agree that, etc., etc. (as case may be),
say `aye'," and after the affirmative vote is given, "Those opposed,
say `no'." The president shall declare all votes. (Code
1959, § 2-24.)

Sec. 2-25. Members—Withdrawing without leave.

After a member, at any meeting, has been recorded as
present, he shall not, without permission of the city council,
absent himself from such meeting until its adjournment.
(Code 1959, § 2-25.)

Sec. 2-26. Same—Conduct in addressing body.

Every member shall confine himself to the question before
the city council and avoid all personal or indecorous language.
No discussion of a sectarian or political nature shall be allowed.
No member shall interrupt another while speaking,
except to make a point of order, the point to be briefly stated
to the presiding officer. (Code 1959, § 2-26.)

Sec. 2-27. Same—Order of recognition by the president.

When two members rise at the same time, the president
shall name the one to speak; but in all cases, the member
first arising and addressing the chair shall speak first. (Code
1959, § 2-27.)


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Sec. 2-28. Same—Number and length of speeches.

No member shall speak more than once on the same question
until every member choosing to speak shall have done so,
nor more than twice, nor for a longer time than fifteen minutes
on any question without the permission of the city council.
(Code 1959, § 2-28.)

Sec. 2-29. Same—How called to order.

If, in speaking, any member shall transgress the rules of
the city council, the president shall call him to order. If there
is no appeal, the decision of the chair shall be submitted to.
If the decision is in favor of the member called to order, he
may proceed; if otherwise, he shall not proceed except by leave
of the city council. (Code 1959, § 2-29.)

Sec. 2-30. Same—Conduct while council sitting.

No member shall, while the city council is sitting, interrupt
or hinder its business by standing up, moving about, talking,
expressing approval or disapproval of any of the proceedings
or by any other conduct tending to disorder or confusion.
(Code 1959, § 2-30.)

Sec. 2-31. Nonmembers addressing council.

No person who is not a member of the city council shall
orally address it, until leave to do so has been applied for
through a member of the city council and granted by it, or
until invited so to do by the presiding officer. (Code 1959, § 231.)

Sec. 2-32. Communications to be in writing.

No communication, petition or request to the city council
shall be entertained unless the same be in writing, which shall
be filed with the clerk of the council. (Code 1959, § 2-32.)

Sec. 2-33. Motions, etc.—To be in writing; stating before discussing;
withdrawing.

Every motion or proposition, except such as are subsidiary
or incidental, shall be in writing and shall be filed with the


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clerk of the council. When a motion is made and seconded, it
shall be stated by the president before it is debated. A motion
or proposition may be withdrawn by the mover, with consent
of the second, at any time before it is decided, amended or
otherwise acted upon by the city council. (Code 1959, § 2-33.)

Sec. 2-34. Same—Admitting under color of amendment.

No motion, proposition, or subject different from that under
consideration shall be admitted under color of amendment.
(Code 1959, § 2-34.)

Sec. 2-35. Same—Order of procedure.

When a question is under debate no motion shall be entertained
unless specially provided for, except the following,
which shall take precedence in the order given:

1. To adjourn, to be made without preliminary remarks and
decided without debate.

2. To lay on the table, to be decided without debate.

3. For the previous question, to be decided without debate.

4. To postpone, either indefinitely, or to a day or hour certain.

5. To refer or recommit.

6. To substitute or amend.

7. To adopt or approve.

(Code 1959, § 2-35.)

Sec. 2-36. Same—To reconsider.

In all cases a motion to reconsider will be entertained only
when made by a member who voted with the prevailing side.
A majority of those present can reconsider any vote, but the
motion to do so shall be made at the same session of the council
during which such vote was taken. A motion to reconsider
shall have precedence of all other questions, and when it has
once been put and lost, it shall not be renewed. This rule, however,
is subject to section 2-49. (Code 1959, § 2-36.)

Sec. 2-37. Same—When motion to adjourn in order.

A motion to adjourn shall always be in order except when
a member has the floor, when the city council is engaged in


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voting, when the previous question has been ordered or when
the motion to adjourn has been put and lost and no other business
has intervened. (Code 1959, § 2-37.)

Sec. 2-38. Previous question—Motion for.

Any member who obtains the floor during the debate and
submits no other motion or remark may move for the previous
question, which motion, if seconded, shall forthwith be
put to the city council. If the motion for the previous question
be not carried, debate may continue as if the motion had not
been made. (Code 1959, § 2-38.)

Sec. 2-39. Same—How put.

The previous question shall be in this form: "Shall the
main question now be put?" If carried, its effect shall be to
end all debates and bring the council to a direct vote upon
a motion to commit, if pending; then upon pending amendments,
if any; and then upon the main question. (Code 1959,
§ 2-39.)

Sec. 2-40. Majority vote to govern unless otherwise provided.

In all matters pending before the city council, a majority
shall govern except in cases where it is otherwise specially
provided. (Code 1959, § 2-40.)

Sec. 2-41. Aye and no vote.

On the call of any member of the city council, the vote on
any question may be taken by ayes and noes and recorded, provided
the demand be made before other business has been
taken up. (Code 1959, § 2-41.)

Sec. 2-42. Dissent or protest.

Any member shall have the liberty to dissent from or protest
against any ordinance, resolution or order of the city
council and have the reason of his dissent entered upon the
record. (Code 1959, § 2-42.)

Sec. 2-43. Committees—Reports—When made.

Every committee shall, unless otherwise ordered, report at


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the next regular meeting upon the subject matter referred to
it or show good cause why such report is not made. (Code
1959, § 2-43.)

Sec. 2-44. Same—Same—Form.

The reports of a committee shall be in writing, signed by
at least two members, and the papers referred, as well as
all written opinions in reference thereto from the city attorney,
shall be returned with the reports. (Code 1959, § 2-44.)

Sec. 2-45. Same—Meetings; chairman; quorum.

The members of a committee shall meet on the call of the
chairman, who shall be the first named person on the committee.
In the absence of the chairman, the person named
second on the committee shall be recognized as chairman.
A majority shall constitute a quorum for the transaction of
business. (Code 1959, § 2-45.)

Sec. 2-46. Calendar of unfinished business.

A calendar of all new, referred and deferred petitions and
communications to the city council shall be kept by the clerk
of the council and copies shall be furnished by him to the
members of the city council, city attorney and city manager
at least six hours prior to each meeting of the city council at
such time as notice is given. (Code 1959, § 2-46.)

Sec. 2-47. General order of business.

At every regular meeting of the city council, the order of
business shall be as follows:

1. Call to order.

2. Opening ceremonies.

3. Roll call.

4. Approval of minutes of preceding meetings, not already
approved. When texts of minutes have been furnished all
members of council and have been read by them, the formal
reading aloud may, on motion of any member, be dispensed
with, and the minutes approved.


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5. Petitions and communications. After their purport has
been briefly stated by the member offering same, the city
council may consider the same or otherwise dispose of them.

6. Reports and communications from city officers, including
financial statements.

7. Reports of committees.

8. Offering of original resolutions, orders and ordinances.

9. Ordinances for second reading.

10. Miscellaneous and unfinished business.

The order of business shall not be departed from except by
unanimous consent. (Code 1959, § 2-47; 6-21-71.)

Sec. 2-48. Special order of business.

When any matter is made the special order for a future
meeting, it shall at such meeting take priority of all other
business except the reading of the minutes of the last meeting.
(Code 1959, § 2-48.)

Sec. 2-49. Reconsidering or rescinding vote at special meetings.[24]

No vote of a former meeting of the city council shall be reconsidered
or rescinded at a special meeting unless there be
then present as many members as were present when such vote
was taken, and three-fifths of all members present vote in
favor thereof. (Code 1959, § 2-49.)

 
[24]

For similar state law, see Code of Va., § 15.1-812.

Sec. 2-50. Voting at elections.

At all elections by the city council each member shall be
entitled to one vote. Only one person shall be elected at a time,
except with the consent of all members present. If, on any
vote, no one receives a majority of all the votes, the name of
the person receiving the smallest number of votes shall be
dropped and shall not again be put in nomination until a vote
intervenes.


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At each election the roll shall be called by the clerk in alphabetical
order and each member shall vote when his name is
called, unless excused or disqualified by section 2-51. (Code
1959, § 2-50; 6-21-71.)

Sec. 2-51. Same—Members failing to vote; disqualifications.

A member of the city council who is present and fails to vote



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when the "ayes" and "noes" are taken shall be entered on the
journal as present and not announcing his vote but no member
who has an immediate personal or pecuniary interest in
the result of the question shall either vote or be counted upon
it. (Code 1959, § 2-51.)