10877-22 An Ordinance Replacing & Amending Ch.2, Article 1, Sect 2-1 - & Including 2-9 of the SB Municipal Code (SUBSTITUTE BILL)

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Sec. 2-8.1. Parliamentarian of the Common Council. (a) The Council Attorney or in the Council Attorney's absence, the City attorney, or designate of the City Legal Department, shall act as Parliamentarian of the Common Council at all general, special and committee meetings of the Council. (b) The Parliamentarian shall decide all procedural questions only upon request of any Council Member during a meeting. Such decisions shall be advisory in nature. (c) The Parliamentarian shall have in the Parliamentarian's possession the appropriate rules and regulations governing the Council at all general, special and committee meetings. (d) Any advisory decision made by the Parliamentarian may be accepted or rejected by the Council, and once acted upon by the presiding officer, the presiding officer's decision may then be subject to further appropriate action by the Council. Sec. 2-9. Parliamentary procedure for the Common Council. (a) The most recent edition of Robert's Rules of Order shall be the authority on all questions of parliamentary law and procedure not specifically covered by this article. For the purposes of this article, parliamentary law shall mean the enacted rules and recognized usages which govern the procedure of legislative assemblies. (b) A majority of all the Council Members shall constitute a quorum for the transaction of business of the Council. It shall require a majority vote of all the Council Members to pass an ordinance or resolution. Whenever by law it is required that any ordinance or resolution shall be passed by a two-thirds (%) vote, such requirement shall be construed to mean a two-thirds (%) vote of all Council Members. (c) No one not a member of Council shall be permitted to address the same, except upon invitation by the presiding officer or by a majority vote of the Council. (d) No ordinance or resolution shall be received or considered by the Council unless it is presented by a member thereof, a duly authorized member of the City Administration, or as otherwise provided by law. (e) Every motion made by any member of the Council and entertained by the presiding officer shall be reduced to writing on the demand of any member. (f) When a motion has been made, the presiding officer shall state it, or if in writing, shall cause it to be read aloud by the Clerk before being debated; and it shall then be in the possession of the Council, but may be withdrawn at any time before a decision or amendment. (g) Abstention: When in order to enact an ordinance, resolution or motion, State law requires a majority of the Council to vote "aye," the following procedures shall be applicable in calculating said majority: (1) Only Council Members who have disqualified themselves on a matter due to a substantial conflict of interest or have disclosed fully the nature of their conflict of interest pursuant to the provisions of this article are entitled to an abstention. (2) Abstentions shall not be counted as either an "aye" or "nay" vote. (h) The presiding officer shall decide whether any question is carried by affirmative or a negative vote; but if the presiding officer is in doubt, and the "ayes" and "nays" or a division be called for, the presiding officer shall call for a roll call vote. (i) When a question is under debate, no motion shall be received, but to adjourn, for the previous question (which motion shall be decided without debate), to lay on the table, to postpone to a day certain, to refer, to amend, or to postpone indefinitely, which several motions shall have preference in the order in which they are here arranged. (j) The motion to adjourn and the motion to fix a time to which the Council shall adjourn shall always be in order, the latter motion taking precedence over the former. (k) The motion to lay an amendment on the table shall not affect the subject which it is proposed to amend. (1) A "call for question" motion shall be proper after each member present has had the opportunity to address the specific issue under debate. Said motion shall not require a second and upon such a motion all debate shall cease. The presiding officer shall then repeat