Sec. 2-34. - Adoption pursuant to Charter.

The rules of procedure for council meetings set out in this division are adopted pursuant to section 4.06 of the Charter.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-2)

Sec. 2-35. - Absence of quorum.

In the absence of a quorum, at the expiration of fifteen (15) minutes from the time appointed for a council meeting, the clerk shall enter upon the journal the names of the members present, and the meeting shall stand ipso facto adjourned until the next regular meeting or until a new call is issued in the regular way if it be a special meeting.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-16)

Sec. 2-36. - Order of business prescribed—Regular meetings.

(a)

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

(1)

Call of the roll.

(2)

Invocation.

(3)

Pledge of allegiance.

(4)

Agenda to be compiled by the city manager.

(5)

Citizen comments on matters germane to the business of city council.

(6)

New business.

(b)

Council appointments to boards, commissions and committees and zoning matters may be considered at any regular council meeting, or special council meeting called for that purpose.

(c)

Comments on matters germane to the business of city council are those comments or statements which address issues or topics that the city council is empowered to address. Comments on matters germane to the business of city council do not include, although the following items are not all inclusive: issues or topics dealing with the hiring, firing, or disciplining of city employees other than council appointees, unless specifically authorized by the City Charter; the assessment of value for taxation on a specific parcel or parcels of property; the management or operation of the school system or any political subdivision of the Commonwealth of Virginia or the activities of a constitutional officer; the management or control of probable or actual litigation or other law business of the city; statements or announcements which call attention to or publicize the activities or events of organizations, groups or an individual, when said activity or event is not sponsored by the City of Newport News or its officers.

(d)

When appropriate, the agenda to be compiled by the city manager shall include items for the purpose of bestowing and accepting declarations, proclamations and other commemoratives.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-6; Ord. No. 2331; Ord. No. 2659-80; Ord. No. 3198-84, § 1; Ord. No. 3470-86; Ord. No. 4068-90, § 1; Ord. No. 5914-03; Ord. No. 6659-10, § 1)

Editor's note—

Ord. No. 6659-10, § 1, adopted Jan. 26, 2010, shall be in effect on and after March 1, 2010.

Sec. 2-37. - Same—Special meetings.

The order of business at special meetings of the council shall be as follows:

(1)

Call of the roll.

(2)

Reading of the call for the special meeting, if written, or stated, if verbal.

(3)

Discussion of the business on call, in the order given in the call.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-9)

Sec. 2-38. - Departure from order of business.

The order of business at regular or special council meetings shall not be departed from except by the consent of four (4) members of the council.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-10)

Sec. 2-38.1. - Consent agenda.

(a)

The agenda may include a section entitled "consent agenda" which shall immediately follow such hearings as may be authorized or required by law to be granted to the public. This section may include by way of illustration but not limitation:

(1)

Approval of minutes.

(2)

Any item believed by the clerk of council or the city manager to be routine and not controversial in nature.

(b)

The following rules shall apply to the consent agenda:

(1)

A member of council may by request have any item removed from the consent agenda, which shall then be taken up after disposing of all other matters on the agenda.

(2)

Items not removed from the consent agenda by the procedure outlined above shall be approved by motion and roll call vote. Said roll call vote shall constitute the vote on all items of the consent agenda and shall be recorded as such for each individual item by the clerk.

(3)

No public hearing items shall be an item of the consent agenda.

(4)

No item requiring other than a simple majority vote shall be a consent agenda item.

(5)

The clerk of council shall ensure that all council members are aware in advance of the items comprising the consent agenda.

(Ord. No. 2660-80; Ord. No. 6494-08)

Sec. 2-39. - Calendar or docket.

The city clerk shall keep, at the clerk's table during the sitting of the council, a calendar or docket so arranged as to show the condition or progress of the business of the council.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-39)

Sec. 2-40. - Roll of council.

The city clerk shall keep a roll of the council for each meeting, and shall enter thereon the names of the members in alphabetical order. The city clerk shall use this roll in alphabetical order in recording all votes which are required to be recorded.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-40)

Sec. 2-41. - Manner of obtaining floor.

A member desiring to speak at a meeting may, from his accustomed seat, obtain the floor by addressing the presiding officer by his official title thusly: "Mr. Mayor," or if a woman, "Madam Mayor" and, if the member is entitled to the floor, the presiding officer assigns the member the floor by announcing the member's name.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-32)

Sec. 2-42. - Manner of speaking; use of offensive language or gestures.

(a)

No member shall speak on pending motions until he has been recognized by the mayor and, during the time allowed him, he shall confine himself strictly to the question before the council.

(b)

No member shall, in debate, use any language or gesture calculated to wound, offend or insult another member.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, §§ 2-33, 2-35)

Sec. 2-43. - Speaker not to be disturbed.

No member, while speaking, shall be disturbed in any manner by private conversation or otherwise.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-34)

Sec. 2-44. - Transgressions of rules; violations of order.

For any willful transgression of the rules or for any repetition of a transgression, the mayor shall or any member may call the offender to order, in which case the member so called to order shall immediately yield the floor unless permitted to explain. For flagrant or repeated violations of order, especially if persisted in after the admonition of the presiding officer, a member shall be liable to the censure of the council and may, in addition thereto, be removed from the council chamber by order of the mayor.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-36)

Sec. 2-45. - Order in which questions to be propounded.

The mayor shall propound all questions in the order in which they are moved, unless the subsequent motion shall be previous in its nature.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-17)

Sec. 2-46. - Receipt of motions when questioned under debate.

When a question is under debate, the mayor shall receive no other motion than to adjourn, to lay on the table, for the previous question, for the pending question, to postpone to a certain day, to amend or to postpone indefinitely, which several motions shall have precedence in the order in which they stand arranged.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-18)

Sec. 2-47. - When motion to adjourn in order; decision on motion to adjourn.

A motion to adjourn shall be in order at any time except on an immediate repetition or when, on the call of the previous question or the pending question, the same shall have been ordered or when a member shall have the floor or pending the verification of a vote and such motion to adjourn shall be decided without debate.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-19)

Sec. 2-48. - Putting the previous question generally.

The mayor shall put the previous question which shall be decided without debate, and all debate upon the question shall be suspended until the previous question shall be decided. After the adoption of the call for the previous question, the same sense of the council shall be taken forthwith upon all pending amendments and then upon the main question. All incidental questions of order arising after a motion for the previous question shall be decided without debate.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-20)

Sec. 2-49. - Reduction of motions and propositions to writing; stating and withdrawal of motion or proposition; further provisions as to previous question.

Every motion or proposition shall be reduced to writing, if desired by any member of the council, and shall be delivered at the clerk's table to be there read, and the question shall be stated by the mayor before same shall be adopted. A motion or proposition, after it has been stated by the mayor, shall not be withdrawn except upon the request of the member who made the same with the consent of the member seconding it and of the mayor. Pending a debate, any member who obtains the floor for that purpose only and submits no other motion or remark may move for the previous question or the pending question, and in either case the motion shall be forthwith put to the council. A majority may require an immediate vote upon the pending question, whatever it may be.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-21)

Sec. 2-50. - Division of question; consideration of motion under color of amendment.

If the question for decision includes several definite propositions, the same may be divided upon demand of any one (1) council member, but a motion to strike out and insert shall not be divided, nor shall a motion to strike out, being lost, preclude either an amendment or a motion to strike out and insert. No motion or proposition on the subject different from that under consideration shall be admitted under color of amendment.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-22)

Sec. 2-51. - Putting and stating of questions.

The mayor shall put a question, and questions shall be distinctly put and the following form may be used: "As many as agree that, etc. (as the question may be) say `Aye"' and, after the affirmative vote is given, "Those opposed, `No"'.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-23)

Sec. 2-52. - Powers of mayor with reference to points of order.

The mayor may speak on points of order in preference to other members, and shall decide questions of order without debate, subject to an appeal to the council. On every appeal, the mayor shall have the right to assign reasons for his decision, and such decision shall be final unless reversed by a majority vote of all the other members present.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-24)

Sec. 2-53. - Duty of members to vote.

Every member who shall be present when any question is put, including the presiding officer, shall vote unless excused by the council; provided, however, that no member of the council shall participate in the vote on any ordinance, resolution, motion or vote in which such member or any person, firm or corporation for which such member is attorney, officer, director, employee or agent has a financial interest other than a minority stockholder of a corporation or a citizen of the city.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, §§ 2-25, 2-30.2)

Sec. 2-54. - Submission of ordinances and resolutions.

Any member of the council desiring to submit an ordinance or resolution to the council shall submit it in writing under the regular order of "new business," and such ordinance or resolution shall be signed by the member sponsoring it, and it shall not be regarded as before the council for action thereon before it has been read at least once by its title or otherwise.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-28)

Sec. 2-55. - Required vote on ordinances, resolutions, etc.; recordation of votes.

(a)

No ordinance, resolution, motion or vote shall be adopted by the council except at a meeting open to the public and, except motions to adjourn, to fix the time and place of adjournment and other motions of a purely procedural nature, unless it shall have received the affirmative votes of at least four (4) members. All voting, except on procedural motions, shall have the ayes and nays recorded in the journal.

(b)

No ordinance or resolution shall be passed having for its object the appropriation of any sum of money or creating indebtedness or directing the payment of any sum of money, except by the concurrence of four-sevenths (4/7) of all the members elected to the council.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-30)

Charter reference— Similar provisions, § 4.07.

Sec. 2-56. - Motions for reconsideration.

No motion for reconsideration of an ordinance or resolution shall be in order:

(1)

Unless made at the same meeting at which such ordinance or resolution was considered, and such motion shall be proposed by one (1) of the members of the prevailing side and shall require the consent of four-sevenths (4/7) of the entire council; or

(2)

Unless a written notice at least twenty-four (24) hours in advance has been given to each council member that such motion shall be proposed at the next regular council meeting by one (1) of the members of the prevailing side and shall require the consent of four-sevenths (4/7) of the entire council.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-27; Ord. No. 3170-84)

Sec. 2-57. - Effective date of ordinances and resolutions.

All ordinances and resolutions passed by the council shall, unless another date is specified therein as the effective date and except as otherwise provided in the city charter, be in effect on the tenth day following their passage.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-30.1; Ord. No. 5374-99)

Charter reference— Similar provisions, §§ 4.09, 4.14.

Sec. 2-58. - Amendment, suspension or repeal of ordinances.

No ordinance shall be amended, suspended or repealed except by ordinance regularly introduced and passed, nor shall any section of an ordinance be amended unless the whole section of the ordinance be reordained.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-26)

Sec. 2-59. - Presentation of petitions, memorials, etc.

Petitions, memorials, remonstrances, propositions, declarations, proclamations and other commemoratives requested by council members shall be presented to the council by the member sponsoring or making them under new business pursuant to the regular order of business. The requests shall be reduced to writing, if not already, and signed by the member sponsoring or making them at the request of any other member, and such shall not be regarded as before the council for action thereon before it has been read at least once by its title or otherwise. Upon approval by city council, the document shall be presented to its recipient, if appropriate, at a succeeding 7:00 p.m. prefatory meeting of the council.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-29; Ord. No. 4068-90, § 1)

Sec. 2-60. - Application of Robert's Rules and general principles of parliamentary procedure.

The rules of parliamentary practice comprised in "Robert's Rules of Order, Newly Revised," 10th Edition, 2000 Copyright, shall be parliamentary authority in the council except as otherwise provided in this division. Upon all questions where there is no rule, the general principles of parliamentary procedure shall govern.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, §§ 2-13, 2-31; Ord. No. 5815-02, § 1)

Sec. 2-61. - Suspension of rules.

Except as provided by the Charter, any of the rules of the council may be suspended by a vote of at least six (6) members voting in the affirmative.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-14)

Sec. 2-62. - Amendment of rules.

The rules set out in this division may be amended at any stated meeting by an affirmative vote of four (4) members of the council.

(Ord. No. 1877, § 1; Ord. No. 2250; Code 1961, § 2-15)

Sec. 2-63. - Public hearing closure.

No further items of business shall be addressed by city council at the completion of discussion or other termination of a public hearing until such time as the council, by motion, either closes the public hearing or continues the public hearing to a date specific.

(Ord. No. 4069-90, § 1)

Sec. 2-64. - Regulations for citizen participation.

(a)

It is the intent and purpose of the city council by adoption of these regulations, to ensure that the affairs of the city council may be conducted in an open and orderly manner, that all persons desiring to address the city council on matters that are germane to the business of the Council of the City of Newport News are afforded an opportunity to do so, that persons in attendance may observe and hear the proceedings of the city council without distraction, and that the members of the city council and city employees are able to transact the business of the city council with minimal disruption, and that the city's business be conducted with full respect and adherence to applicable law.

(b)

Citizens wishing to address city council at a regular meeting thereof, in accord with section 2-36 of the City Code, shall follow the following regulations:

(1)

Registering: Every item on the agenda of a regular meeting of council is open to discussion by anyone attending the meeting. Persons having an interest in any agenda item who desire to comment on an agenda item or on another matter germane to the business of city council, shall fill out a card with their name and residential address, and indicating the item on which they wish to speak. The cards shall be available at the main entrance to the council chambers and should be given to the city clerk or her designated representative prior to the meeting. The mayor will recognize speakers when the item they are interested in is called, or if an agenda item is not identified on the card, speakers will be called under a section of the agenda entitled "Citizen Comments on Matters Germane to the Business of City Council". Speakers will be asked to approach the podium in front of city council when their name is announced.

(2)

Use of pagers and cell phones. Ringers on cell phones or pagers shall be turned off during the time that persons are in the city council chambers. Persons needing to make or receive a telephone call, should go into the lobby to do so.

(3)

Taking of photographs and video or audio recordings; etc. The taking of photographs and video or audio recordings of a speaker or the activities during a regular meeting of city council shall be from the side aisles so as to minimize the manner and the amount of time that the photographer or person with the recording device screens the view of others attending the city council meeting. During regular meetings of city council no flashes or lighting devices may be used by photographers or operators of video recording equipment During prefatory meetings of city council, the taking of photographs and video or audio recordings of a speaker or the activities thereof are permitted from the center aisle; however, the photographer or recorder should take steps to avoid obstructing the center aisle for any length of time in such a manner as to prevent others from taking photographs, or to block the view of others attending the city council meeting.

(4)

Speaking. When a speaker is called by the mayor, the following is required:

a.

Speakers shall proceed to the speaker's podium and adjust the microphone to the level of their mouth. Speakers should speak into the microphone to insure that their name and remarks are heard and recorded as a part of the record for the meeting.

b.

Speakers shall state their name and address.

c.

If a speaker represents a group or organization, the speaker shall indicate the name of the group or organization and the speaker's relationship to the group or organization. Speakers may ask others from their group or organization to stand at their seats while the group's or organization's name is announced, but non-speakers or individual members are not permitted to stand with speakers at the podium and for safety reasons, no members of the group or organization are permitted to stand in the aisles or doorways of the city council chambers. Those members of a group or organization who do stand when the name of the group or organization is announced shall then be seated.

d.

Speakers shall state their position, give the facts to substantiate their position, and relate the concerns they believe city council should consider.

e.

If a written statement or other supportive material is available, it should be delivered to the city clerk for the record.

f.

Speakers shall confine their comments to matters germane to the business of the City Council of the City of Newport News.

g.

Speakers shall refrain from words or statements which, from their usual construction and common acceptance, are construed as insults or which have a tendency to cause an act of violence or a breach of the peace.

h.

Speakers shall refrain from obscenity, vulgarity, profanely cursing or swearing.

i.

Speakers shall refrain from actions that would interrupt the public meeting.

(5)

Time limitations for remarks; questions; etc. Speakers shall confine their remarks to no more than five (5) minutes on any agenda item or when addressing city council on matters germane to the business of city council. If the electronic device on the podium is available it will signify when five (5) minutes have concluded by lights that change from green, to yellow and finally to red. If the electronic device is not available, speakers will be advised when their five (5) minutes have concluded. Speakers can not "transfer" nor "designate" their time to another speaker in an effort to provide another speaker more than the allotted five (5) minutes on any agenda item or when making comments on matters germane to the business of city council. After a speaker has concluded his or her remarks, the speaker should return to his or her seat unless a member of city council indicates that he or she has a question to address to the speaker. After city council begins its deliberation, the public speakers may be asked questions but shall not speak otherwise.

(6)

Decorum and order:

a.

For safety reasons, expressive activities including, but not limited to, petitioning, picketing, displaying signs or posters, solicitation, demonstrating, pamphlet distribution, and conducting polls shall not be permitted in the council chambers, the council conference room, or the waiting areas and corridors adjacent to the chambers and conference room or within fifty (50) feet of the doorway to the council chambers, council conference room, or the waiting areas and corridors adjacent to the chambers, the council conference room, and the building containing the council chambers.

b.

These regulations do not preclude speakers, when addressing city council, from delivering to the council members by way of the city clerk written materials including reports, statements, exhibits, letters, or signed petitions. Nor do these regulations preclude those addressing city council from using a chart or graph during their verbal presentation.

c.

The mayor or other presiding officer shall preserve decorum and shall decide all questions of public order.

d.

At the request of the mayor or city manager, one (1) or more persons, including city police officers shall act as sergeant-at-arms or sergeants-at-arms at all city council meetings. The sergeant-at-arms or sergeants-at-arms shall, under the direction of the mayor or other presiding officer, have charge of the council chambers, the council conference room, and the waiting areas and corridors adjacent thereto, and shall prevent disorder or interruption of the business of the city council.

(7)

Furthermore, nothing herein shall be interpreted to prohibit speakers or any citizens from addressing oral or written comments or complaints on any subject not germane to the business of city council, to city council, its constituent members, the city clerk or city administration, outside of the context or time frame of city council's regular or prefatory or special meeting(s).

(Ord. No. 5807-02, § 1; Ord. No. 5914-03)

Secs. 2-65—2-72. - Reserved.