Part 2. Rules of Order and Procedure.
Sec. 20. Adoption and suspension.
The 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 charter of the city.
The rules of order and procedure of the council, with the right
of the body to suspend the same by a four-fifth vote, shall be as
set out in this article. (Code 1932, §§ 15, 27.)
For charter provision authorizing council to adopt rules, etc., see
char., § 11.
Sec. 21. Parliamentary rules; exceptions.
The proceedings of the council except as its own rules may
otherwise provide, shall be governed by Roberts Manual of Parliamentary
Rules, and no rule adopted by the council shall be suspended
except by consent of four members. (Id., § 27.)
Sec. 22. Duties of presiding officer.
The presiding officer shall enforce the rules of the council, preserve
order and decorum, appoint all committees, not otherwise
provided for, and discharge such other duties as appertain to his
office. (Id.)
Sec. 23. President to decide questions of order; appeal
of 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
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 the relevancy or applicability of propositions, the appeal may
be debated. (Id.)
Sec. 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. (Id.)
Sec. 25. Members—Withdrawing without leave.
After a member, at any meeting, has been recorded as present,
he shall not, without permission of the council, absent himself
from such meeting until its adjournment. (Id.)
Sec. 26. Same—Conduct in addressing body.
Every member shall confine himself to the question before the
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.
(Id.)
Sec. 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. (Id.)
Sec. 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 council. (Id.)
Sec. 29. Same—How called to order.
If, in speaking, any member transgress the rules of the council,
the president shall call him to order. If there be no appeal, the
decision of the chair shall be submitted to. If the decision be in
favor of the member called to order he may proceed; if otherwise,
he shall not proceed except by leave of the council. (Id.)
Sec. 30. Same—Conduct while sitting.
No member shall while the 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. (Id.)
Sec. 31. Non-members addressing council.
No person who is not a member of the council shall orally address
it, until leave to do so has been applied for through a member
of the council and granted by it, or until invited so to do by the
presiding officer. (Id.)
Sec. 32. Communications to be in writing.
No communication, petition or request to the council shall be
entertained unless the same be in writing, which must be filed with
the clerk. (Id.)
Sec. 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 clerk.
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 council.
(Id.)
Sec. 34. Same—Admitting under color of amendment.
No motion, proposition, or subject different from that under
consideration, shall be admitted under color of amendment. (Id.)
Sec. 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. (Id.)
Sec. 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 49 of
this chapter. (Id.)
Sec. 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 council is engaged in 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.
(Id.)
Sec. 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 council.
If the motion for the previous question be not carried, debate
may continue as if the motion had not been made. (Id.)
Sec. 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. (Id.)
Sec. 40. Majority vote to govern unless otherwise provided.
In all matters pending before the council, a majority shall govern
except in cases where it is otherwise specially provided. (Id.)
Sec. 41. Aye and no vote.
On the call of any member of the 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. (Id.)
Sec. 42. Dissent may be recorded.
Any member shall have the liberty to dissent from or protest
against any ordinance, resolution or order of the council and have
the reason of his dissent entered upon the record. (Id.)
Sec. 43. Committees—Reports—When made.
Every committee shall, unless otherwise ordered, report at the
next regular meeting upon the subject matter referred to it, or
show good cause why such report is not made. (Id.)
Sec. 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. (Id.)
Sec. 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. (Id.)
Sec. 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
council, city attorney and city manager at least six hours prior to
each meeting of the council at such time as notice is given. (Id.)
Sec. 47. General order of business.
At every regular meeting of the council the order of business
shall be as follows:
1. Roll call.
2. Reading of minutes. The journal of the preceding meeting
shall be read, and no objection being made, shall be approved and
signed by the person presiding. Such ordinances as may have
been adopted at the preceding meeting and copied in the ordinance
book shall also be read, unless reading is dispensed with, and no
objection being made, shall be approved and signed by the person
presiding.
3. Petitions and communications. After their purport has been
briefly stated by the member offering same the council may consider
the same, or otherwise dispose of them.
4. Reports and communications from city officers, including
financial statements.
5. Reports of committees.
6. Ordinances for second reading.
7. Offering of original resolutions, orders and ordinances.
8. Miscellaneous and unfinished business.
The order of business shall not be departed from except by
unanimous consent. (Id.)
Sec. 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. (Id.)
Sec. 49. Reconsidering or rescinding vote at special
meetings.
No vote of a former meeting of 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. (Id., § 8.)
For similar statutory provision, see § 2986 of Michie's Virginia Code
of 1942.
Sec. 50. Voting at elections.
At all elections by the council the voting shall be viva voce, and
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.
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 51 of this chapter. (Id.,
§ 4.)
Sec. 51. Members failing to vote; disqualifications.
A member who is present and fails to vote 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. (Id., § 24.)
