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AN ORDINANCE ADOPTING THE RULES OF PROCEDURE IN ALL INSTANCES
FOR MEETINGS OF THE CITY COUNCIL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA that the Order Procedure in all instances for meetings of the City Council shall be as
follows:
SECTION 1:
That the Rules of Procedure herein contained shall govern the deliberations and meetings
of all of the Council of the City of Fairhope, Alabama.
SECTION II
That the regular meetings of the City Council shall be held on the second and fourth
Mondays of each month, which meeting shall convene at 6:00 p.m. at the Fairhope Municipal
Complex Council Chamber and all meetings, regular and special, shall be opened to the public,
except when Council meets in executive session as authorized by State law.
SECTION III:
That a Finance work session of the City Council shall be held on the fourth Monday of
each month, prior to the regular meetings of the City Council, which shall convene at 4:45 p.m. at
the Fairhope Municipal Complex Council Chamber.
SECTION IV:
That special meetings may be held at the call of the presiding officer by serving notice on
each member of the Council not less than twenty fours before the time set for such special call
meeting. All special meetings may be held as provided by Section 11-43-50 Code of
Alabama, 1975, (as amended). Furthermore, any two (2) Council members shall have the right
to call for a special meeting. Notice of all special meetings shall be posted on a bulletin board and
appropriate customary media notified is accessible to the public twenty-four hours prior to such
scheduled meeting.
SECTION V:
A Quorum shall be determined as provided by Section 11-43-48, Code of Alabama. 1975,
(as amended).
SECTION VI:
That the order of business of each council meeting shall be as follows:
Call to Order
2. Invocation/Pledge of Allegiance
Approval of the Minutes of the Previous Meeting(s)
4. Reports of Standing Committees:
Utility Committee
Finance Committee
Public Safety Committee
Public Works Committee
Ordinance No. 1371
Page -2-
Reports of Special Boards and Commissions:
Planning Commission
Board of Zoning Adjustment
Airport Authority
Industrial Development Board
Library Board
Parking Authority
Recreation Board
Environmental Advisory Board
Museum Board
Historic Preservation Committee
Tree Board
Recycle Committee
Harbor Board
Personnel Board
Strategic Planning Committee
Education Committee
6. Report of Officers:
a. City Attorney Report
b. Department Heads Report
7. Resolution, Ordinances and Other Business
8. Public Participation
9. Council Comment
10. Adjournment
SECTION VII:
No member shall speak more than twice on the same subject without permission of the
presiding officer, and after all other council members have had the opportunity to speak.
SECTION VIII:
That no individual who is not a member of the City Council shall be allowed to address the
same while in session without permission of the presiding officer and for not more than three
minutes, unless approved by the presiding officer.
No person shall be allowed to address the Council on any matter which shall be the subject of a
public hearing scheduled by the Council until the meeting under which the public hearing on that
matter is scheduled to be heard.
SECTION IX:
Every officer, whose duty it is to report at the regular meeting of the council, who shall be
in default thereof, may be fined at the discretion of the council.
SECTION X:
That motions to reconsider must be made by a council member who voted with the
majority and at the same or next succeeding meeting of the Council.
Ordinance No. 1371
Page -3-
SECTION XI:
That whenever there is not a unanimous vote of the council, a division of the question
will be ascertained.
SECTION XII:
That all questions of order shall be decided by the presiding officer of the Council with
the right of appeal to the Council.
SECTION XIII:
That the presiding officer of the Council may at his or her discretion, call any member to
take the chair, to allow him or her to address the Council or make a motion or discuss any other
matter at issue.
SECTION XIV:
That motions to lay any matter on the table shall be first in order, and on all questions, the
last amendment, the most distant day, and the largest sum shall be first put.
SECTION XV:
That Council may meet in executive session only for purposes authorized by State law.
When a council person makes a motion for executive session for an enumerated purpose, the
presiding officer shall put a motion to vote. If the majority of the council shall vote in favor of the
motion for executive session the body shall then move into executive session for discussion of the
matter for which executive session was called. No action may be taken in an executive session.
When the discussion has been completed, the council shall resume its deliberations in public.
SECTION XVI:
That a motion for adjournment shall always be in order.
SECTION XVII:
That the rules of the Council may be amended in the same manner as any other ordinance
of general or permanent nature.
SECTION XVIII:
That the rules of the Council may be temporarily suspended by vote of two-thirds of the
members present.
SECTION XIX:
That the chair of each respective committee, or the council member acting for him or her,
shall submit and make report to the Council when so requested by the presiding officer or any
member of the Council.
Ordinance No. 1371
Page 4-
SECTION XX:
That all ordinances, resolutions or propositions submitted to Council which require the
expenditure of money will lie over until the next Council meeting; provided that such ordinance,
resolution or propositions may be considered earlier by unanimous consent of the Council
members present at such meeting by roll call vote and provided further that this rule shall not
apply to the current expenses of or contracts previously made with, or regular salaries of officers
or wages of employees of the city.
SECTION XXI:
That all motions, resolutions, ordinances or other business required to be in writing shall be
prepared and supplied to all Council members by four o'clock in the afternoon on the Thursday
prior to the Monday meeting in which it is to be presented. (e.g. if city offices are not open, the
Thursday before the Monday council meeting, then the writings and documentation shall be
supplied to each city council member by placing same in each member's mailbox at City Hall by
noon Wednesday).
a. It is desired that information be supplied to the City Clerk in time to be made part
of the agenda packet.
b. When a work session is called or scheduled between two council meetings, all motions,
resolutions, ordinances or other business required to be in writing shall be presented in
substantially the same form as that which is required for presentation at council meeting.
c. Notwithstanding Sections a. and b. here and above, in the situation of an actual emergency
sections a. and b. here and above shall not apply. For purposes herein an actual emergency
exist from failure to act will result in an immediate and irrefutable harm to the City or any of
its citizens and or otherwise it was physically impossible to comply with a notice
requirements set forth herein as the same may be determined by the presiding officer of the
Council.
d. An agenda shall be prepared by the city clerk for all business to come before each regular
session and all business to be transacted shall be put on the agenda no later than Wednesday
noon. Items may be added to the end of the regular agenda up to twenty four (24) hours past
Wednesday's deadline with unanimous consent of the council president. If the city clerk does
not receive confirmation from the council president to add all items by Thursday noon, these
items will not appear on the regular agenda. All other items may be added to the regular
agenda during the regular city council meeting upon receiving a motion and seconded and
unanimous vote by the city council. The agenda must be faxed or e-mailed to the local
newspaper by Thursday at 4:00 p.m. The council books shall be ready for pickup no later
than 4:00 p.m. on Thursday before the next regular council meeting on the following Monday
night.
e. If any item that appears on the agenda should need to be pulled prior to Monday night's
meeting and after the 24 hours after the agenda deadline on Wed., the council will vote at the
Monday night meeting to amend the agenda.
SECTION XXII:
That the City Clerk, City Attorney, Treasurer, Chief of Police and all other officers and
employees shall, when requested, attend all meetings of the City Council shall otherwise remain
in the Council Chamber for such length of time as the Council, presiding officer or Mayor may
direct.
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Ordinance No. 1371
Page -5-
SECTION XXIII:
That no ordinance, resolution or motion of a permanent and general nature shall be
adopted at the meeting at which it is first introduced unless unanimous consent be obtained for
the immediate consideration of such ordinance, resolution or motion, and such consent shall be by
roll call vote of the council members present at such meeting.
SECTION XXIV:
An election for council president and council pro tempore will be held each November
and/or at the pleasure of the city council.
SECTION XXV:
That Roberts' Rules of Order be and is hereby adopted as the rules of procedure for this
Council in those situations which cannot be resolved by the rules set forth in this Ordinance.
SECTION XXVI:
This Ordinance replaces and supersedes all previous ordinances in conflict therewith.
SECTION XXVII:
That the provisions of this Ordinance are severable. If any provision, section, paragraph,
sentence are part thereof shall be held to be unconstitutional or invalid by a court of competent
jurisdiction, such decision shall not effect or impair the remainder of this Ordinance, it being the
legislative intent to ordain and act each provision section, paragraph, sentence and part thereof
separately and independently of each other.
SECTION XXVIII:
This Ordinance shall take effect and be enforced from and after approval by the City
Council of the City of Fairhope upon publication required by law to be effective November 10th,
2008.
APPROVED AND ADOPTED by the Council this 10th day of November, 2008.
ATTEST:
isa A. H ks, City Clerk