RULES OF COUNCIL

Rules of Order
Governing the Council of the City of Cleveland
2014-2017 [approved January 6, 2014]
The following rules of order shall govern the procedures of the City Council and
the conduct of its members.

I.

MEETINGS: PLACE, TIME OF CONVENING,

QUORUM, ORDER OF BUSINESS

Rule 1.

Meetings Place. All meetings of the Council shall be held in the

Council Chamber in the City Hall, unless otherwise ordered by the Council.

Rule 2.

Meetings Public. All meetings of the Council or committees thereof

shall be public, and upon request of any citizen desiring to be heard on
any matter, then under consideration by the Council, the Council may, on
motion, resolve itself into a Committee of the Whole and hear such citizen
at such time and for such period as Council may determine. Persons
desiring to be heard by any committee of Council on any matter then
under consideration may, by consent of such committee, be given an
opportunity to be heard thereon. All Rules of Council minutes and records
of the Council shall be open to the public at all reasonable times.

Rule 3.

Regular Meetings. After the Council has been organized pursuant to

Section 28 of the Charter, regular meetings of the Council shall be held in
the Council Chamber every Monday evening at 7:00 oclock P.M., unless
otherwise ordered by motion, resolution or ordinance. Whenever the
regular meeting falls on a legal holiday or a special election day or the
day preceding a legal holiday or primary or other election day, the
meeting shall be held on a day to be fixed by the Council.

Rule 4.

Summer Schedule. During the months of July and August, the Council
shall be on summer schedule and shall meet at such times as shall be set
forth in the resolution of Council establishing such schedule.

Rule 5.

Special Meetings. Special meetings may be called at any time by the

Mayor, the President of Council, or any five members upon at least twelve
(12) hours written notice to each member of the Council served personally
on each member or left at his usual place of residence; provided,
however, that no such notice need be served on any Councilmember
present at a meeting of Council at which the President of Council may give
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oral notice of the time and purpose of a special meeting. Any such notice
shall state the subjects to be considered at the meeting, and no other
subjects shall be there considered.
Rule 6.

Quorum; Professionalism. A majority of all the members elected to

Council shall be a quorum to do business, but a less number may adjourn
from day to day and compel the attendance of absent members in the
manner and under such penalties as shall be prescribed by these rules . All
members shall conduct themselves professionally and shall attend all
official meetings of Council in appropriate professional attire.

Rule 7.

Order of Business. The business of all regular meetings of the Council

shall be transacted in the following order, unless the Council by a twothirds vote, shall suspend the rules and change the order.
1.
2.
3.
4.
5.
6.

Roll call of members.

Prayer.
Pledge of Allegiance.
Disposal of the journal of the preceding meeting.
Reports and communications from the Mayor.
Reports and communications from departments, commissions and
other public officers.
7. Other communications, petitions and memorials.
8. Reports of standing committees.
9. Reports of special committees.
10. Introduction of ordinances and resolutions.
11. Second reading of ordinances and resolutions.
12. Third reading of ordinances and resolutions.
13. Reading and passage of emergency ordinances and resolutions.
14. Miscellaneous business shall be permitted at the discretion of the
chair.
15. Report of the clerk with reference to absence of members.
16. Adjournment.
The presiding officer may, at any time without objection of the members
of Council, permit a member to introduce an ordinance, resolution or
motion out of the regular order provided, however, if an objection is
made, a two-thirds vote of all members elected to Council shall be
required to permit such introduction out of the regular order.
Rule 8.

The Calendar. It shall be the duty of the Clerk to have set aside
conspicuously in The City Record a portion to be titled The Calendar.
The following measures will be on their passage at the next meeting.
Under this title the Clerk shall arrange, and have printed in consecutive
order, by title all ordinances and resolutions which are on for passage at
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the next meeting of Council. In the event that any such ordinances or
resolutions have been amended, the full text of the operative sections of
such ordinance or resolution, as amended, shall be published in addition
to the title thereof. When action upon any measure appearing upon the
Calendar is postponed to a day certain, such measure shall be considered
on said day to which postponed whether or not it appears upon the
Calendar of said day.

II.

OFFICERS AND EMPLOYEES OF COUNCIL

Rule 9.

Presiding Officer. The President of Council, and in the Presidents

absence the President of Council pro tempore, shall preside over the
meetings of the Council. In the absence of the President of Council, the
Majority Leader shall serve as the President of Council pro tempore; in the
absence of both the President of Council and the Majority Leader, the
Majority Whip shall serve as the President of Council pro tempore. In the
absence of the President of Council, the Majority Leader and the Majority
Whip, the City Clerk shall call the Council to order; and if, after the roll call
is called a quorum shall be present, the Council shall choose one of its
members President of Council pro tempore. The President of Council pro
tempore shall preside until the President of Council appears, but in no
event beyond such meeting, and shall discharge all the duties and be
clothed with all the powers of the President of Council as such presiding
officer during the President of Councils absence. The Presiding Officer
shall call all meetings of the Council to order at the hour appointed and
shall proceed with the order of business. If a quorum be present, the
Presiding Officer shall give the members an opportunity for correcting the
journal of the previous meeting, a copy of which shall be placed on the
desk of each member of the Council. In the absence of any objections or
corrections, the minutes shall stand approved. The Presiding Officer shall
preserve order and decorum, prevent personalities or the impugning of
members motives, confine members in debate to the question under
discussion, shall decide all points of order subject to an appeal to the
Council, and shall appoint all standing committees and such select
committees as may be authorized by Council from time to time, except in
those cases where the resolution authorizing such select committees
specifically names the membership thereof.

Rule 10.

Members Presiding. The President of the Council during any meeting

thereof may name any member to perform the duties of the chair; but
such substitution shall not extend beyond such meeting.

Rule 11.

The Vote Necessary for Election of President and Clerk.

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No candidate for President or Clerk of Council shall be declared elected

unless the candidate shall have received a majority vote of all members
elected to Council.
Rule 11-1. Roll Call upon Election of President, and Filling Vacancies in the
Membership of Council. Upon the roll call for the election of President
of Council, Clerk of Council, or for filling any vacancy in the membership
of Council, each member shall respond by stating the name of the
candidate of his choice eligible for such office or appointment, which
candidate shall not be required to be a person duly nominated and whose
nomination has been duly seconded, provided, however, that no member
shall be excused from voting hereon except by unanimous consent.
Rule 12.

The City Clerk. The Council shall choose a Clerk and such other officers
and employees as may be deemed necessary and fix their compensation.
The Clerk shall keep the record of the Council, and the Clerk shall be the
editor of The City Record. The Clerk shall keep a proper file of all papers
and documents which are a part of the transactions of the Council, of
meetings of committees and all orders of the Council, and shall make such
records available to the public. The Clerk shall be secretary to all
committees, but may assign an assistant as secretary to any committee.
When directed by any committee the Clerk shall cause to be kept minutes
of each meeting of such committee that shall be kept in record form and
be made available for public inspection. The record of committee
meetings may be kept in the form of loose sheet records and need not be
printed in The City Record nor copied in any other book, except that the
Clerk shall cause to be printed in The City Record attendance roll calls of
committee meetings. In addition, the Clerk shall report to Council the
absence of members from Council meetings and shall perform such other
and further duties as may from time to time by Charter, statute or
ordinance be required of the Clerk.

Rule 12-1. Committee on Council Operations.

Not later than the fourth meeting of the Council after its organization, the
President of Council shall appoint four (4) members to a Committee on
Council Operations. In addition to the appointed members, the President
of Council shall also be member of the committee. The committee shall
work in conjunction with the Clerk to oversee the personnel and
operations of Council, as well as any policies and procedures that impact
the operations of Council.
Rule 12-2. The City Record. The City Clerk, as editor of The City Record, shall see
that the following rules are observed in the preparation and introduction
of ordinances and resolutions and in the editing and printing of The City
Record.
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(a) The title of all ordinances and resolutions shall be confined to a brief
statement of the subject matter of the bill and shall be printed in bold
face type.
(b) Preambles or whereasas in ordinances and resolutions shall be
restricted to one emergency preamble required by the Charter, except
where a whereas is an essential part of the ordinance or resolution.
(c) Ordinances of a general or permanent nature shall, in their
preparation, be divided into short sections, wherever practicable, in
order to permit amendments being made without printing so much of
the original ordinance.
(d) The practice of introducing resolutions of condolence and
congratulatory resolutions shall be recorded by number and reserved
for cases of death of outstanding citizens or occasion of great civic
importance. In lieu of such resolution of condolence the Clerk shall
have prepared a suitable memorial which shall be sent to the relatives
of the deceased and The City Record shall contain the request of the
member of Council for such memorial and the fact that such memorial
has been sent.
(e) The minutes and proceedings of administrative boards shall be
prepared in abstract form and be printed in six (6)-point type in The
City Record.
(f) Once each year, there shall be prepared for distribution or printed in
The City Record a cumulative subject index covering the proceedings
of the Council.
Rule 13.

Sergeant-at-Arms. The Council shall appoint a Sergeant-at-Arms who

shall be in attendance at all meetings of Council. The Sergeant-at-Arms,
under the direction of the presiding officer, shall preserve order in the
Council Chamber and adjoining rooms, and in the manner to be
prescribed by ordinance shall compel the attendance of absent members.

III. COMMITTEES OF COUNCIL

Rule 14.

Standing Committees. Not later than the fourth meeting of the Council
after its organization, the President of Council shall appoint one (1)
standing committee of nine (9) members and seven (7) standing
committees of seven (7) members each. The first named member shall
be chair and the second named shall be vice-chair. All committee
appointments shall be made under this Rule, including that of chair and
vice-chair. The vice-chair shall preside until the chair appears and shall
discharge all the duties and be clothed with all the powers of the chair
during the chairs absence. In the absence of the chair and the vice-chair
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and a quorum being present, a temporary chair shall be selected by a

majority vote of the members present who shall preside until the chair or
vice-chair appears and the temporary chair shall discharge all the duties
and be clothed with all the powers of the chair during the chairs absence.
A. The nine member committee and its subject matter is as
follows:
COMMITTEE ON FINANCE shall research, investigate, develop and
implement public policy and advocate for the financial stability and
operations of the City of Cleveland.
The Committee on Finance shall oversee the Departments of Finance and
Law, and any processes and policies that impact the Citys financial
stability and operations.
The Finance Committee shall: review all
ordinances, resolutions and other matters pertaining to finances,
indebtedness, appropriations, the payment of monies not provided for by
previous legislation, taxation, the standardization of salaries and wages,
union agreements, civil service, the pensioning of employees and the sale,
lease or purchase of real estate; review and approve all city financial
expenditures and budgetary items along with all financial matters that
pertain to the city; review changes to the Codified Ordinances; review
legislation regarding city annexations, redistricting, and charter
amendments; review all matters relating to courts; review ordinances
relating to licenses and those imposing fines, penalties, forfeitures or
imprisonment, printing and advertising.
B. The seven member committees and the subject matters that
shall be referred to them are as follows:
a. COMMITTEE ON UTILITIES shall research, investigate and develop
public policy and advocate for public utilities and information technology
for the City.
The Committee on Public Utilities shall oversee the operations of the
Department of Public Utilities and the services that it provides, as well as
any legislation, operations and policies that impact utilities and their
access and use; the Committee shall ensure that all utility services are
being provided at a reasonable cost and shall examine any increase in
service fees and rates when necessary. The Public Utilities Committee
shall review the financial stability and operation of the citys public utility
enterprise funds and shall review how Information Technology is
integrated into daily operations of the City.

b.
COMMITTEE
ON
DEVELOPMENT,
PLANNING
AND
SUSTAINABILITY shall research, investigate, and develop public policy
and advocate for residential and commercial development and land use
planning and sustainability for the City.
The Committee on Development, Planning and Sustainability shall be
referred all ordinances, resolutions and other matters pertaining to the
Departments of Economic Development, Community Development,
Building and Housing and the City Planning Commission, and shall oversee
these departments as well as any operations and policies that impact
planning, sustainability, development, housing and commercial activities in
the City and the greater Cleveland region. The Committee shall oversee
all residential, retail, commercial and industrial development and
redevelopment activities in the City and ensure that land use planning and
zoning utilize the highest and best uses of the City.
c. COMMITTEE ON HEALTH shall research, investigate and develop
public policy and advocate for a healthy environment for the City and its
residents.
The Committee on Public Health shall be referred all legislation and all
other matters pertaining to the Departments of Public Health and Aging.
The Committee shall review any operations and policies that impact the
health of the Citys residents, workers and visitors; and shall oversee fiscal
expenditures that promote health initiatives.
d. COMMITTEE ON SAFETY shall research, investigate and develop
public policy and advocate for a safe Cleveland.
The Committee on Public Safety shall oversee the Department of Public
Safety, as well as all operations and policies that impact the safety of the
City of Clevelands residents, workers and visitors, and shall oversee all
fiscal expenditures for the Department of Public Safety. The Committee
also shall review all matters pertaining to the Community Relations Board
e. COMMITTEE ON TRANSPORTATION shall research, investigate and
develop public policy and advocate for world-class transportation systems
for the City.
The Committee on Transportation is responsible for overseeing the
Department of Port Control and any legislation, operations and policies
that impact transportation in Cleveland, including Greater Clevelands
public transportation, bus, limousine and taxicab operations, waterways
and infrastructure, and their impact on commerce. The Committee shall
oversee all matters directly relating to all city-owned airports, aviation
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services and port activities, including harbors, rivers and lakes as these
pertain to travel and port commerce. The Committee shall review the
financial stability and operation of the Citys transportation enterprise
funds, examine regional transportation policies of area-wide agencies such
as GCRTA and NOACA and how they impact the City; and oversee
planning and development efforts for multi-modal transportation
operations, including rail and bikeways.
f. COMMITTEE ON MUNICIPAL SERVICES AND PROPERTY shall
research, investigate and develop public policy and advocate for highquality municipal services and properties for the city.
The Committee on Municipal Services and Property shall be referred all
legislation and other matters pertaining to the Department of Public
Works and the Office of Capital Projects, and shall oversee any operations
and policies that impact municipal services and properties; shall oversee
those matters that pertain to public infrastructure improvements, including
roads, bridges and sidewalk improvements; recreation, parks and public
green space; shall oversee waste management and recycling; examine
best public improvement practices; review the use of municipal bond
funds for capital improvement projects; and shall monitor and evaluate
the quality of work done on public improvement projects.
g. COMMITTEE ON WORKFORCE & COMMUNITY BENEFITS shall
research, investigate and develop public policy and advocate for equity,
empowerment and jobs for the City and its residents.
The Committee on Workforce and Community Benefits shall oversee the
Office of Equal Opportunity and all operations and policies that impact the
Citys ability to promote workforce development and community benefits
for City residents. The Committee shall: ensure that the City promotes
empowerment of citizens through education, training, job creation and
development; work with area businesses to create a working environment
of justice and equity; monitor compliance with community benefits,
agreements, policies and procedures; help develop and keep a workforce
that fulfills the needs of employers; review education systems and
curricula for Clevelands citizens of all ages and levels and advocate
reforms.
Rule 14-1. Approval of Council of Appointments by Mayor. Whenever the
approval of Council is required for appointments by the Mayor, the
President of Council, upon request of the Mayor for approval of any
appointment, shall forthwith appoint a select committee of five (5)
members to which shall be referred the name of each person whose
appointment is submitted for approval of Council. The select committee
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shall report to Council its recommendation thereon. Thereupon Council, as

part of the appropriate order of business, shall proceed to vote upon the
approval of each appointment; the question being Shall the Council
approve the appointment by the Mayor? If a majority of all the members
elected to Council vote aye, the Council shall approve such appointment.
Rule 14-2. Member Pro Tempore. In the event of the absence of a member from a
published scheduled committee, the Council President, upon the request
of the chair of the committee, may appoint a Councilmember to serve as a
member pro tempore for purposes of that committee meeting. The
appointment by the Council President of the member to that committee
shall expire upon completion of that committee meeting. Upon appointing
a member pro tempore, the Council President shall notify the members of
Council of the appointment and shall cause such appointment to be
reflected in the City Record.
Rule 14-3. Removal of Members from Committees. The President of Council,
may for cause at any time, remove and replace any member or members
of any standing committee established under Rule 14 or from any special
committee or committees.
Rule 15.

Committee Meetings. A majority of the members of a committee shall

constitute a quorum for the transaction of business. Each committee shall
hold its regular meetings at the time and place fixed in the schedule, as
prepared by the President of Council and Clerk of Council in conference
with the chairs of the several committees.

Rule 15-1. Meeting. A committee meeting schedule shall be published by the Clerk.
Should the chair of a committee find it necessary to hold the meeting at
another time and place, the chair shall cause notice thereof to be given
and posted at least twenty-four (24) hours before the new time fixed for
the meeting. All committee meetings shall be open, and a record of the
attendance of members of the committee and the action taken there, shall
be kept by the secretary of the committee in a record provided for that
purpose. Such record shall be kept on file with the Clerk of Council and
open to public inspection as other public records. No legislation shall be
amended while in committee and it shall be the duty of the committee to
recommend to Council the approval, disapproval or amendment of any
legislation pending before the committee. A majority of the members of a
committee shall be necessary for the recommendation of approval,
disapproval or amendment of any legislation pending before a committee.
All other motions shall require only a majority vote of the members of
committee present.

Rule 15-2. Councilmember Absences. Each absence of a committee member, not

authorized by the chair for good cause, or the absence of the chair, not
authorized by the President of Council for good cause, shall be deemed a
violation of the Rules of Council under Section 29 of the Charter,
punishable by a fine of one hundred dollars ($100.00) for each
unauthorized absence. For the purpose of this Subsection 15(b), but not
for purposes of voting on recommendations to legislation, a committee
member or chair thereof shall also be deemed absent if a committee
member or chair reports to the committee meeting later than fifteen (15)
minutes after the scheduled time for the commencement of said meeting
or when after the commencement of said meeting leaves the meeting,
except in case of necessity or emergency, without the authority of the
chair or acting chair. Absence of a member of a committee from three (3)
consecutive meetings, unless authorized by the chair of such committee,
may upon the recommendation of such committee, cause the removal of
such member from such committee by the President of Council.
Rule 15-3. Committee Room Seating. Seats at the table in the committee room
shall be reserved for members of the committee, the Mayor and
administrative officials having business before the committee, members of
Council not members of the committee, persons specifically invited by the
chair or by a vote of the committee, reporters, representatives of civic
organizations and of organized labor, and it shall be the duty of the Clerk
of committees to see to it that the foregoing precedence of seating is
strictly followed.
Rule 15-4. Rules of Committees. Except in case of obvious inconsistency or
inapplicability, committee hearings shall be governed by the rules
applicable to Council proceedings.
Rule 16.

Reports. No ordinance, resolution, petition, or other matters referred to

a committee for action shall be approved or disapproved and reported out
until it shall have first been considered at a committee meeting regularly
called as provided for herein and no committee shall consider or hold a
hearing on any proposed legislation until it has been introduced in Council
and referred to the committee. The chair, upon motion of any member
that shall not require a second, shall put the question of the
recommendation of approval or of approval when amended. If a majority
of the members of the committee vote affirmatively, such legislation shall
be reported forthwith to Council as Recommended for Passage, but if a
majority of the members of the committee vote negatively on such
question, such legislation shall be reported forthwith to Council as a
recommendation of adversal of such legislation. The vote on all matters
before the committee shall be recorded in the minutes of the committee
meeting. When a majority of a committee has reported, recommending or
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not recommending the passage, adoption or approval of the legislation

under consideration, the minority may present a minority report. All such
reports shall be in writing and signed by the members of the committee
voting in favor of or against the report.
Rule 17.

Committee of the Whole. Upon declaration by the Council President

without objection or by motion of a Councilmember supported by a
majority vote of Council, the Council shall resolve itself into a Committee
of the Whole for the purpose of hearing from a person who is not a
member of the Council, or for the purpose of considering business
generally, or for the purpose stated in the motion. When the Council shall
decide to go into Committee of the Whole, the regular officers shall
continue to serve, without objection, otherwise the Council shall appoint a
Chair to preside, and the presiding officer of the Council shall leave the
chair. The rules of Council, in so far as practicable, shall be observed in
the Committee of the Whole; however, a roll call of ayes and nays shall
not be in order.

Rule 17-1. Joint Committee. When it is desired that legislation shall be considered
by two or more standing committees jointly, a reference may be made by
the President of Council to a joint committee comprised of the
membership of said standing committees, which shall operate as a single
committee. A quorum of a joint committee shall consist of a majority of
the members thereof, counting membership in each committee
separately, so that a member of each or two or more committees
constituting such joint committee shall be counted once for each
committee on which he/she is a member. A majority vote, similarly
counted, shall be required for action by such joint committee. The
President of Council shall determine the chair of the joint committee from
the chair of the standing committees that make up the joint committee.
Rule 17-2. Subcommittee. When determined to be in furtherance of the legislative
process, the chair of a standing committee and the President of Council
may designate certain members of said standing committee to form a
subcommittee thereof for the purpose of examining such matters as are
identified by the chair and President at the time the subcommittee is
formed. At the completion of its work, the subcommittee shall report its
findings to the entire standing committee or, in the discretion of the
President of Council, the entire Council.

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IV. DUTIES, PRIVILEGES AND DECORUM OF MEMBERS

Rule 18.

Roll Call of Council. Every member shall be seated at the time of roll
call, otherwise the member shall not be recorded as present except upon
order of Council. The Clerk shall publish in The City Record the names of
the members present and absent.

Rule 19.

Duty to Vote. Every member present shall vote on all questions upon the
call of the yeas, and nays, unless excused by the unanimous consent of
the Council; except that no member shall vote on any question in which
they are financially interested or which in any way involves personal or
private rights. Any member present, unless so excused, or excepted as
above, who refuses to vote upon any question relating to the city
government, upon which the member may vote, when the yeas and nays
are being taken shall be guilty of contempt of the Council, and may, for
such contempt, be censured by a majority vote of the Council or may be
expelled from the Council by a vote of two-thirds of all the members of
the Council pursuant to Section 29 of the Charter of the City of Cleveland.

Rule 20.

Yeas and Nays. On the passage of every ordinance or resolution, and on

the appointment of every officer, the vote shall be taken by yeas and
nays, entered in full upon the records and published in the official journal.
On any other question, the yeas and nays shall be entered upon the
record on the request of any member. Upon the call of the yeas and nays,
the Clerk shall call the names of members alphabetically and record the
vote.

Rule 21.

Change of Vote. Before the announcement of the vote on any question,

the Clerk shall read the vote of each member so taken upon the demand
of any member, at which time any member on account of error or for any
other reason may change his/her vote; but no member shall be permitted
to change his/her vote as recorded after the roll call has been verified and
the result declared.

Rule 22.

Recording of Vote of Absent Member. Any member, having been

unavoidably absent, may at the next meeting be permitted to have their
vote recorded upon any question acted upon during such absence;
provided such vote shall not change the result; and provided further that
such member shall not be entitled to move a reconsideration of the
question to be voted upon.

Rule 23.

Right of Floor. When any member is about to address the Council the
member shall rise and respectfully address the presiding officer, and when
recognized by the chair shall confine any comments to the question under
debate, avoid personalities and refrain from impugning the motives of any
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other members argument or vote. When two or more members ask

recognition at the same time, the presiding officer shall name the member
who is first to speak and the exercise of such discretion by the presiding
officer shall not be subject to appeal under Rule 26.
Rule 24.

Time Limitation of Speaking. No member shall be allowed to speak for

a longer time than 4 minutes at any one time without the permission of
Council. No member shall speak more than once on the same legislation
until every other member desiring to speak on that legislation shall have
had an opportunity to do so. Neither the Mayor nor any director may
speak longer than 4 minutes upon the same motion, ordinance or
question without the consent of Council.

Rule 25.

Members Called to Order. If any member in speaking or otherwise

transgresses the rules of the Council, the President shall call the offending
member to order. The member so called to order shall immediately take
his seat unless permitted by the President to explain. Any member may,
by raising the point of order, call the attention of the President to such
transgression. The President, without debate, shall decide the point of
order. Every such decision of the President shall be subject to appeal to
the Council upon motion with a second.

Rule 26.

Right of Appeal. Any member may appeal to the Council from a ruling of
the presiding officer. The member making the appeal may briefly state
the reason for the same, and the presiding officer may briefly explain the
ruling; but there shall be no debate on the appeal and no other member
shall participate in the discussion. The presiding officer shall then put the
question, Shall the decision of the chair be sustained? If a majority of
the members present vote aye, the ruling of the chair is sustained;
otherwise it is overruled.

Rule 27.

Member May Read from Books, etc. Any member while discussing a
question, may read from books, papers or documents any matter
pertinent to the subject under consideration without asking leave;
provided, however, that such reading shall be subject to and included
within the time limitation prescribed in Rule 24.

Rule 28.

Division of Question. If the question contains two or more divisible

propositions, the presiding officer may, and upon request of a member,
shall divide the same; but a motion to strike out a provision and insert a
substitute is not divisible.

Rule 29.

Personal Privilege. Any member may rise to explain a matter personal

to the member, and on stating that it is a matter of personal privilege, the
member shall be recognized by the President, but shall not discuss a
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question or issue in such explanation. Such explanation shall not consume

more than 2 minutes of time unless extended by consent of the Council.
Matters of personal privilege shall yield only to a motion to recess or
adjourn.
Rule 30.

No Person, Other Than the Clerk and the Clerks Assistants, Shall
Be Permitted at the Clerks Desk While the Yeas and Nays are
Being Taken. No person, other than the Clerk and the Clerks assistants,
shall be permitted at the Clerks desk while the yeas and nays are being
taken.

V. MOTIONS
Rule 31.

Purpose and Form. Motions shall be used only to expedite the orderly
transaction at the business of Council and shall not be substituted for
resolutions or ordinances. The form of all motions shall be I move that
followed by the substance of the motion. No second shall be required for
any motion except as specifically provided for in a rule, but upon demand
of any member any motion shall be withdrawn by the maker before it has
been amended or voted upon. When a motion is made the presiding
officer shall state it before any debate shall be in order. All motions that
have been entertained by the President of Council shall be entered upon
the minutes.

Rule 32.

Precedence of Motions. When a question is before the Council no

motion shall be entertained except the following:
1.
2.
3.
4.
5.
6.
7.
8.

To adjourn.
To fix the hour of adjournment.
For the previous question.
To lay on the table.
To postpone to a day certain.
To postpone indefinitely.
To refer to a committee.
To amend.

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These motions shall have precedence in the order indicated. The motion
to adjourn and the motion for the previous question, shall be put to a vote
without debate; the motion to fix the hour of adjournment shall be
debatable only as to the time of such adjournment; and all other motions
shall be debatable.
Rule 33.

The Previous Question. The motion for the previous question shall
require a majority vote of all members elected to Council; shall be
considered only once; may be renewed after intervening business; shall
take precedence over all debatable questions and shall be in order to
prevent amendment of undebatable questions. When the previous
question is moved and seconded by one other member, it shall be put as
follows: Shall the main question be now put? There shall be no further
amendment or debate but pending amendments shall be put in their order
before the main question. If the question, Shall the main question be
now put? be decided in the negative, the main question remains before
the Council.

Rule 34.

Motion to Lay on the Table. The motion to lay on the table shall
dispose finally of the legislation against which it is invoked but a motion to
lay a pending amendment to an ordinance or resolution on the table shall
not carry the ordinance or resolution with it. A motion to lay on the table
shall require a majority vote of all members elected to Council.

Rule 35.

Motion to Postpone to a Day Certain. A motion to postpone to a day

certain shall require a majority vote of the members present; shall be
subject to reconsideration; may be renewed after intervening business;
shall be debatable as to the propriety of the postponement but not upon
the merits of the legislation; and may be amended by changing the date.
Upon the arrival of the date to which postponed the legislation shall be
considered in the regular order of business of that day.

Rule 36.

Motion to Postpone Indefinitely. The motion to postpone indefinitely

shall have the same effect as motion to lay on the table, and shall require
a majority vote of all members elected to Council. Motion to postpone
indefinitely shall not be reconsidered; shall be debatable and shall open
the legislation to debate; may be renewed after intervening business and
may not be amended or laid on the table, and shall be subject to previous
question.

Rule 37.

Reconsideration. After the decision of any question, any member who

voted with the majority may move a reconsideration of any action at the
same or the next succeeding meeting, provided, however, that a
resolution authorizing or relating to any contract may be reconsidered at
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any time before the final execution thereof. A motion to reconsider shall
require a majority vote of all the members elected to Council. After a
motion for reconsideration has once been acted upon, no other motion for
a reconsideration thereof shall be made without unanimous consent of the
members present.

VI. ORDINANCES AND RESOLUTIONS

Note:

The adoption of a resolution is the proper procedure for an informal

enactment providing for the disposition of a particular item of business,
while the passage of an ordinance is the proper procedure for the
enactment of a regulation of a general or permanent nature. (19 R.C. L.
895; 46 C.J. 519; 29 O.A. 386).

Rule 38.

Introduction. Ordinances and resolutions shall be introduced in the

Council only in printed or written form, with the name of the member
introducing the same endorsed thereon. No ordinance or resolution
affecting the zoning regulations or the construction of public
improvements within a particular ward shall be introduced in Council in
the name of the member of Council from such ward except with that
members written permission prior to such introduction, and when the
members name shall be followed by the words By departmental
request, which shall be deemed not to imply agreement with the purpose
of such legislation by reason of such sponsorship. Ordinances submitted
by the initiative shall have endorsed thereon Submitted by Initiative
Petition.

Rule 38-1. Preparation of Legislation. In order that adequate time may be given
to the preparation of legislation, members of Council shall present
requests for legislation to the Law Department not later than 5:00 oclock
P.M. on the Friday preceding the meeting at which such legislation is to be
introduced for first reading, and not later than 5:00 oclock P.M. of the
Wednesday preceding introduction of legislation for passage under
suspension of the rules.

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Rule 38-2. Request for Legislation. All legislation shall have indicated at the end
thereof the date of preparation and the initials of the draftsman and
typist; and all legislation originating in administrative departments shall
contain in addition thereto the name of the head of the department or
division for whom prepared and the name of the member of Council
introducing such legislation shall be followed by the words By request in
parentheses.
Rule 38-3. Request for Legislation for Passage Under Suspension of the
Rules. The Clerk of Council shall not accept a request for legislation for
passage on introduction under suspension of the rules unless furnished
sufficient copies of such legislation to provide each member of Council
therewith, together with a like number of copies of a statement by the
Director of the requesting department setting forth the reasons requiring
the immediate action thereon. A request for legislation for passage on
introduction under suspension of the rules at the last meeting prior to the
Summer recess of Council or at the final annual meeting of Council shall
not be accepted by the Clerk of Council unless the required statement
bears the approval of the President of Council. To the extent that
circumstances permit all such legislation shall be considered informally by
at least one committee of Council, to which such legislation would
otherwise be referred.
Rule 39.

Form of Ordinances. The enacting clause of all ordinances shall be Be

it ordained by the Council of the City of Cleveland. except those
submitted by Initiative petition, which shall be Be it ordained by the
people of the City of Cleveland. All ordinances before introduction shall
be in typewritten form, with two additional copies, on the forms to be
provided by the City Clerk. No ordinance or resolution or section thereof
shall be revised or amended unless the new ordinance or resolution
contains the entire ordinance or resolution, or section revised or
amended, and the original ordinance, resolution, section, or sections so
amended shall be repealed.

Rule 40.

Emergency Ordinances. If any emergency ordinance or resolution fails

to receive a two-thirds affirmative vote of all members elected to Council,
such measure shall cease to be before the Council as an emergency
measure and shall have the standing that a measure would have had if it
had not been read as an emergency measure.

Rule 41.

Reference to Committee. All ordinances and resolutions shall be read

by title on the day when introduced, unless such reading is dispensed with
by a two-thirds vote; and unless otherwise ordered by the Council shall be
referred by the presiding officer to the appropriate committee or
committees, which reference shall be announced forthwith by the Clerk.
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The committee or committees to which the legislation is so referred shall,

after due consideration and at least one public hearing, propose any
amendments with recommendations for approval or disapproval. When so
reported, such ordinance or resolution shall, unless otherwise ordered, be
read a second time and laid over until the next meeting of the Council,
when the same shall be read a third time and a vote taken thereon. The
Council shall act upon no ordinance or resolution except a resolution of
condolence or one of an extreme emergency nature, until it has been
referred to and reported upon by a committee or committees of Council.
Rule 41-1. Re-reference to Committee. Any pending legislation may, by a vote of
a majority of the members elected to Council or by declaration of the
Council President without objection, be referred to any committee to
which previously referred under these rules, or to any appropriate
committee designated in the motion to re-refer. When referred back to
the Council, such legislation shall have the same standing as it had at the
time when re-referred.
Rule 42.

Reference to More Than One Committee. Whenever any pending

matter is referred to more than one committee for consideration and
report, said committee may consider the same in joint session as a joint
committee, if the chairs of the committees concerned consent thereto.
The chair of the committee first named shall preside at such joint
sessions, and each member of the joint committee shall have one vote for
each committee of which he/she is a member composing the joint
committee. A majority of the members of each of the separate
committees shall constitute a quorum of such committee and the vote
shall be taken by roll call of each of the separate committees constituting
the joint committee. Its report shall be made in the same manner and
under the same rules as reports are made by standing committees.

Rule 42-1. Relieving Committees. Any committee to which an ordinance or

resolution has been referred under Rule 41 or re-referred under Rule 411, may be relieved of further consideration of such legislation by a motion
duly made and adopted by a two-thirds vote of all members elected to
Council or by the chair of the committee to which the legislation has been
referred with the consent of the Council President.
Rule 43.

Three Readings. No ordinance or resolution shall be passed until it has

been read on three separate days; unless the reading on three separate
days has been dispensed with by a two-thirds vote of all members elected
to Council. The final reading shall be in full unless a written or printed
copy of the measure shall have been furnished to each member of the
Council prior to such reading. Copies of all first reading ordinances and
resolutions to be introduced for passage and adoption under suspension
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of the rules and without reading on three separate days shall be placed on
the members desks within the Council Chambers prior to a vote being
taken on the ordinance or resolution. When it is desired to suspend this
and rule 41 in order to permit the passage of legislation upon introduction
the question on the motion for such suspension shall be as follows: Shall
the Charter and statutory provisions and rule 43 requiring reading on
three separate days and rule 41 requiring reference to committees be
dispensed with and Ordinance No. ... (Resolution No. ...) be placed on
final passage? If two-thirds of all the members elected to Council vote
aye, the Charter, statutory and rule requirements requiring reading on
three separate days and reference to committees shall be suspended. As
an exception to the foregoing, resolutions of condolence and
congratulatory resolutions shall be read by title only and adopted viva
voce or by rising vote.
Rule 43-1. Copies Required for Suspension of Rule 43. No ordinance of a
general nature or imposing penalties which has not been referred to a
committee of Council, shall be passed under suspension of the rules
unless a copy of such ordinance shall have been placed on the desk of
each member prior to the passage of such ordinance under suspension of
Rule 43.
Rule 44.

Appropriation Ordinances. Ordinances making appropriations shall be

confined to the subject of appropriation. No money shall be appropriated
except by ordinance. All ordinances for fixing a tax rate, the appropriation
of money, the issuance of bonds, the transfer of money to any fund, or
the payment of claims; and all resolutions and ordinances whereby the
city shall become liable for the payment of any money, shall be referred
without debate to the finance committee for consideration and report;
unless this requirement shall be suspended by two-thirds of all the
members elected. The vote of each suspension shall be taken by yeas and
nays and entered on the record.

Rule 45.

Substitute Legislation. Legislation dealing with the same subject

matter may be substituted for any pending ordinance or resolution by a
majority vote of all the members elected to Council, upon the
recommendation of any committee to which such legislation has been
referred. Substitute legislation shall be subject to all the provisions of the
Charter and rules applying to ordinances on first reading, and the
legislation for which such substitute is offered shall be laid upon the table
as a final disposition thereof. Before accepting for introduction any
substitute legislation, the author of the original legislation shall be given
notice thereof by the Clerk of Council.

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Rule 46.

Ordinances Fixing Fines and Penalties. All ordinances imposing fines,

penalties, forfeiture or imprisonment shall be referred to the Committee
on Legislation, and the Director of Law shall be asked to give an opinion
thereon.

Rule 47.

Amendments. It shall be in order to amend an ordinance at any time

when not in the hands of a committee; but if amended after its second
reading, it shall again be read as the second reading thereof, and laid over
for further and final action. A majority vote of all the members elected to
Council shall be necessary for the adoption of an amendment to any
legislation pending before the Council.

Rule 48.

Adoption. All ordinances and resolutions shall require for passage or

adoption a majority vote of all the members elected. The vote on their
adoption shall be taken by yeas and nays and entered on the records of
the meeting except as otherwise provided in these rules.

Rule 49.

Signing Ordinances and Resolutions. All ordinances passed and

resolutions adopted by Council shall be signed by the President and
presented forthwith to the Mayor by the Clerk.

Rule 50.

Action on Mayors Veto. When the Mayor refuses to sign an ordinance

or resolution or part thereof and returns such ordinance or resolution to
the Council with objections, pursuant to Section 37 of the Charter, the
Council shall after the expiration of not less than one week following the
meeting at which such vetoed ordinance or resolution is returned, proceed
to reconsider the same. After the adoption of the motion so to reconsider,
the question shall be stated as follows: Shall Ordinance No. (Resolution
No.) be passed (or adopted) notwithstanding the veto of the Mayor?
Those voting aye vote to override the Mayors veto. Those voting nay vote
to sustain the Mayors veto. If two-thirds of all the members elected to
Council vote aye, such ordinance or resolution vetoed by the Mayor shall
take effect without the Mayors signature.

VII. ADMINISTRATIVE OFFICERS

Rule 51.

Attendance Required. The Mayor and the directors of all departments

shall be required to attend the regular and special meeting of Council and
shall be provided with seats on the floor of the Council. They shall be
required, at any such meeting, to answer such questions relating to the
affairs of the city under their respective supervision and control as may be
put to them by any member of the Council.

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Rule 52.

Reports of City Officers. All ordinances, resolutions and

communications pertaining to matters that come under the supervision
and control of the Mayor shall, in addition to being referred to the proper
committees, be also referred to such respective administrative officers for
recommendation and report. Not later than thirty (30) days after
reference to the administrative officer or officers as the case may be each
ordinance, resolution, or communication so referred shall be returned to
the Clerk of Council with the endorsement of each such administrative
officers approval or disapproval of such matter so referred. It shall be the
duty of the Clerk of Council to enforce this rule rigidly. The Clerk shall use
all diligence in seeing that departments to which measures are referred
return them to the Clerks office within the time fixed herein.

Rule 52-1. Mandatory Referral of Legislation. Mandatory referral of legislation

under Section 76-3 of the Charter shall be deemed to include the following
matters:
1. Zoning or other regulations of land use.
2. Acquisition or lease of land for public uses.
3. Sale or lease of publicly owned lands.
4. Vacation or dedication of streets or alleys.
5. Street widening or street extensions.
6. Permits for private uses of streets or public property.
7. Determining to proceed with public improvements.
8. Requests for studies or plan preparation.
9. Bond issues for capital improvements.
10.Housing.
A request for an additional thirty (30) day period for further consideration
may be granted by the President of Council if the application for such
extension is submitted to the President before the expiration of the thirty
(30) day period allowed by Section 76-3 of the Charter. No further
extension of time shall be allowed except upon motion of a member of
Council adopted by a majority vote of all the members present. Such
request shall be filed with the Clerk of Council.
Rule 52-2. Mutilation of Legislation. No alteration, change, erasure or mark shall
be made upon any piece of legislation by any person except the Clerk of
Council and then only pursuant to an amendment thereto made by
Council pursuant to Rule 47. Nothing shall be physically attached to any
piece of legislation after introduction thereof except the fiscal certificate
required by Section 106 of the Charter nor shall any endorsement appear
upon any legislation except that of the head of the department or office to
which referred or the person duly authorized by such head. Reports of
subordinates to the heads of departments or other pertinent data or
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reports may be filed with such legislation if referred to in the official

reports endorsed upon the back of such piece of legislation.

VIII. COUNCIL CHAMBER

Rule 53.

Use of Council Chamber. The Council Chamber shall be used only for
meetings of the Council or committees thereof, except where the Council
by vote authorizes its use by persons other than city officials. The Clerk,
with the written approval of the President of Council, may permit other
public officials to use the Council Chamber on public business, when not in
use by the Council or committees.

Rule 54.

Privileges of Floor. No person except members or former members of

the Council, officers named in the rules, reporters and persons invited by
the President of Council or by vote of the Council shall be admitted within
the bar of the Council chamber, and the Sergeant-at-Arms shall cause this
rule to be rigidly enforced.

IX. RULES, SUSPENSION, AMENDMENT AND OTHER

Rule 55.

Suspension of Rules. Any provision of these rules may be suspended at

any meeting of the Council, by a majority vote of all the members elected,
except when a greater number is required by law or by the rules. The
vote on any such suspensions shall be taken by yeas and nays and
entered upon the records.

Rule 56.

Amending Rules. These rules may be amended, or new rules may be

adopted by a majority vote of all members elected to the Council, on the
report of the committee formed for such purpose.

Rule 57.

Other Rules. Except as herein otherwise provided, the proceedings of

the Council shall be governed by the City Charter, the Codified Ordinances
of the City of Cleveland, and Roberts Rules of Order, and it shall be the
duty of the presiding officer to adhere to and enforce such rules.

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