RULES of the CAPE ELIZABETH TOWN COUNCIL
2007 - updated 01/09/07
Regular Meetings
Section 1. Effective January l, 1968, the regular meetings
of the Town Council shall be held in the Town Hall at 7:30 p.m., current
time, on the second Monday of each calendar month. When said day falls on
a holiday or an Election Day, the regular meeting shall be held on the following
Wednesday, at the same time and place. The date and/or location of any regular
meeting may be changed by an order or resolve passed at a previous meeting
upon the vote of five members of the Council, provided, however, that said
change in date will still provide for one regular meeting in each month.
Special Meetings
Section 2. Special meetings may be called by the chairman,
and in case of the chairman’s absence, disability, or refusal, special
meetings may be called by three members of the Town Council. Notice of such
meeting shall be served in person or left at the residence of each member
of the Town Council at least 24 hours before the time for holding said special
meeting, unless all members of the Council sign a waiver of said notice.
The call for said special meeting shall set forth the matters to be acted
upon at said meeting and nothing else shall be considered at such special
meeting.
Quorum Adjourned Meetings
Section 3. A majority of the members of the Town Council
shall constitute a quorum for the transaction of business. If a meeting is
adjourned because of the lack of a quorum, at least 24 hours notice of the
time and place of holding another meeting shall be given to all members who
are not present at the meeting from which adjournment is taken, unless such
absent members sign a waiver of said notice.
Enactmental Form
Section 4. The Town Council shall act only by ordinance,
order or resolve. All ordinances, orders and resolves shall be confined to
one subject, which shall be clearly expressed in the title.
Ordinance Style
Section 5. All by-laws or amendments thereof, passed by
the Town Council shall be termed “ordinances” and the enacting
style shall be “Be it ordained by the Town Council of the Town of Cape
Elizabeth, Maine, in Town Council assembled.” (amended 6/9/03)
Order and Resolve Style
Section 6. In all votes of command, the form of expression
shall be “ordered”; and of opinions, principles, facts, or purposes,
the form shall be “resolved”.
Full Reading: Waiver Amended 10/11/1989
Section 7. Every ordinance, order or resolve and the minutes
of previous meetings may be read by title only, unless a full reading is
requested by a majority vote of the Town Council members present. The chairman
or a designee of the chairman shall summarize every proposed ordinance, order
or resolve immediately following its reading by title.
Yes and No Votes Taken When
Section 8. The yes and no votes shall be taken upon the
passage of all ordinances and entered upon the record of the proceedings
of the Town Council by the Clerk. The yes and no votes shall be taken on
the passage of an order or resolve when called for by any member of the Town
Council. Every ordinance, order and resolve shall require, on final passage,
the affirmative vote of four (4) members of the Town Council.
Ordinances Effective When
Section 9. No ordinance, except emergency ordinances as
defined in Article II, Section 12 of the Charter, shall take effect and be
in full force until there has been compliance with the requirements of Article
II, Section 11 of the Charter.
Order Resolve Effective
Section 10. Orders or resolves shall take effect immediately
upon passage.
Item for Meetings: Filed When
Section 11. No ordinance, order or resolve shall be in order
for action at any meeting of the Town Council unless such ordinance, order
or resolve shall be filed in the office of the Town Clerk on or before noon
of the first business day of the month for the regular meeting of the Town
Council, and before noon of the business day next prior to the day of any
other meeting.
Chairman to be Presiding (Amended 10/1/89)
Section 12. The Chairman shall take the chair at the time
appointed for the meeting, call the members to order, cause the roll to be
called, and, a quorum being present, proceed to business.
Preserve, Decide All Questions of Order
Section 13. The Chairman shall preserve decorum and order,
may speak to points of order in preference to other members, and shall decide
all questions of order subject to an appeal to the Council by motion regularly
seconded, and no other business shall be in order until a question on appeal
is decided.
Declare Votes: Cause Return of
Section 14. The Chairman shall declare all votes, but if
any member doubts a vote, the chairman shall cause a return of the members
voting in the affirmative and in the negative without debate. When a roll
call is taken, the roll is called in alphabetical order, except that the
chairman shall be the final member to vote.
Debate: Rules of
Section 15. When a question is under debate, the chairman
shall receive no motion but to:
(1) adjourn
(2) lay on the table
(3) postpone to a day certain
(4) refer to a committee or some administrative official
(5) amend
(6) postpone indefinitely, or
(7) for the previous question
which several motions shall have precedence in the order in which they stand
arranged.
Motion to Adjourn: Lay on Table
Section 16. The Chairman shall consider a motion to adjourn
as always in order except on immediate repetition; and that motion, and the
motion to lay on the table, or to take from the table, shall be decided without
debate.
Robert’s Rules
Section 17. In all cases where the parliamentary proceedings
are not determined by the foregoing rules and orders, “Robert’s
Rules of Order”, latest edition, shall be taken as authority to decide
the course of proceedings.
Reconsideration
Section 18. After a vote is taken, it shall be in order
for any member who voted on the prevailing side of a vote to have a
reconsideration thereof at the same, or the next stated meeting, but not
afterwards; and when a motion of reconsideration is decided, that vote shall
not be reconsidered.
Motion for Previous Question
Section 19. Upon the motion for the previous question being
made and seconded, the chairman shall put the question in the following form:
“Shall the main question be now put?” And all debate upon the main
question shall be suspended until the motion for the previous question shall
be decided. After the adoption of said motion for the previous question by
a majority vote, the sense of the Council shall be forthwith taken upon all
pending amendments, and then upon the main question.
Not to be Debated or Amended
Section 20. No debate shall be allowed on a motion for the
previous question. Neither is it susceptible of amendment. All questions
or order arising incidentally thereon must be decided without discussion
whether appeal be had from the chair or not.
Manner of Speaking
Section 21. When a member is about to speak, he shall
respectfully address the chairman, confine himself to the question under
debate, and avoid personalities.
Not to Interrupt
Section 22. No member speaking shall be interrupted by another,
but by a call to order or to correct a mistake.
Breach of Rules and Orders
Section 23. When any member shall be guilty of a breach
of any of the rules or orders of the Council, he may, on motion, be required
to make satisfaction therefor, and shall not be allowed to vote, or speak,
except by way of excuse, until he has done so.
Member Excused from Voting When
Section 24. Every member present when a question is put
shall give his vote, unless the Council, for special reasons, shall excuse
him. Application to be so excused must be made before the Council is divided,
or before the calling of the yes and no votes, and decided without debate.
Motion to be Reduced to Writing
Section 25. Every motion shall be reduced to writing, if
the chairman shall so direct.
Division of Question
Section 26. Any member may require the division of a question
when the sense will admit it.
Motion for Referral
Section 27. A motion for referral to a committee or
administrative official, until it is decided, shall preclude all amendments
of the main question.
Priority of Business
Section 28. All questions relating to priority of business
to be acted upon shall be decided without debate.
Suspension of Rules Amendment or Repeal
Section 29. The rules shall not be dispensed with or suspended
unless five of the members of the Council consent thereto. No rule or order
shall be amended or repealed without notice, in writing, being given at the
preceding meeting.
Procedure for Addressing Council
Section 30. Any person wishing to address the Town Council
will be given an opportunity to do so in accordance with the following
procedures:
(1) Persons wishing to address the Council on an item which appears on the
agenda shall wait until the Town Council Chairman announces the consideration
of such item, at which time they may address the Council on that particular
item. However, once the Council has begun its deliberations on an item, no
person shall be permitted to address the Council on such item, and any person
desiring to further address the Council on such item must wait to do so until
all items on the agenda have been completed.
(2) Persons wishing to address the Council on an item not appearing on the
agenda may do so at the times:
A. After the minutes of a previous meeting or meetings have been reviewed
and approved, provided however, the Town Council shall move to its first
public hearing or agenda item no more than fifteen minutes after the approval
of previous minutes.
B. After the disposition of all items appearing on the agenda.
(3) Any person wishing to address the Council shall signify his desire by
raising his or her hand, and when recognized by the chairman, shall approach
the lectern and give his or her name and address prior to making other comments.
Comments shall be limited to three minutes per person and 15 minutes total;
however, the time may be extended by majority vote of councilors present
and the total time limit shall not apply to a public hearing for which notice
has been given. (amended 6/9/03)
(4) Persons present at Council meetings shall not applaud or otherwise express
approval or disapproval of any statements made or actions taken at such meeting.
Council Committees
Section 31. At the commencement of the municipal year, or
as soon thereafter as possible, there shall be chosen the following committees,
each committee to consist of such members of the Council as the Town Council
may designate:
1. Finance Committee
2. Appointments Committee
3. Ordinance Committee
Committees – How Chosen
Section 32. The members of the Council to serve on the
Appointments Committee and Ordinance Committee shall be chosen by the Council
by a majority vote. All members of the Council shall serve on the Finance
Committee. Each member of the Council, other than the Chairman, shall serve
on either the Appointments Committee or the Ordinance Committee, and the
Chairman of the Council shall be ex-officio a member of all standing committees.
Agenda Preparation (Amended 10/11/89)
Section 33. The Town Manager, with the advice and consent
of the Chairman of the Town Council, shall prepare the agenda, which shall
include the order of business, for Council meetings under the direction of
the Council. The agenda shall be distributed to the members of the Council
and made available to the public by the Wednesday preceding the date of the
regular Council meeting and at least 24 hours before a time set for any other
meeting.
Time Deadline
Section 34. No new item may be taken up for consideration
at a Town Council meeting after 11:00 p.m.
Revised: 12/10/79, 5/14/85, 12/9/85, 2/8/88, 5/25/88, 10/11/89, 6/10/91,12/9/91,
6/9/03 and 12/11/2006
