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Rules and Order of Business of the City Council Amended through September, 1992

Rule 1. Regular meetings of the City Council shall be held in the Council Chambers, 13th Floor, Coleman A. Young Municipal Center, on Wednesday morning of each week at 11:30 AM. If the said Wednesday is a legal holiday, the meeting shall be held at the same time and place on the next business day.

There shall be a meeting of the City Council, sitting as a Committee of the Whole, at 9:45 AM, on every business day except during recesses called by the City Council.

For regular meetings of the City Council, and the City Council sitting as a Committee of the Whole, public notice stating the schedule of dates, times and places of such meetings shall be posted within 10 days after the first such meeting of each calendar year; changes in the schedule for such meetings shall be posted within three days after the meeting at which the change is made.

Special meetings may be called at any time by the Mayor or by four or more members of the City Council and, whenever practicable, upon no less than 24 hours notice being given to each Council Member and to the public, but in no event upon less than 18 hours following the posting of public notice. The proceedings of special meetings shall be limited to the objects set forth in the call therefore.

On at least eight occasions during the year the City Council shall hold meetings in different areas of the city; these meetings shall begin between 7:00 PM and 8:00 PM.

No meeting of the City Council recessed or adjourned for more than 36 hours shall be reconvened sooner than 18 hours following posting of public notice of the reconvening. All public notices required to be posted pursuant to this rule shall include the name, address and telephone number of the City Council and be posted in the office of the City Clerk.

Notwithstanding the notice requirements of the rule, the City Council may meet in emergency session as permitted under Michigan Public Act No.267 of 1976.

Closed sessions of the City Council sitting as a Committee of the Whole permitted under Michigan Public Act No.267 of 1976 shall be called in the manner prescribed in said Public Act.

ORDER OF BUSINESS

Rule 2. The business of all regular meetings of the City Council shall be transacted as far as practicable in the following order:

  • Reading and correcting of the journal of the last session.
  • Reconsiderations.
  • Third reading of ordinances.
  • Unfinished business.
  • Communications from the Mayor.
  • Communications from the Finance Director.
  • Communications from the Corporation Counsel.
  • Communications from other Officers and Boards.
  • Communications from the City Clerk.
  • Reports of the Committee of the Whole.
  • Reports of Special Committees, Sub-Committees and Standing Committees.

RESOLUTIONS AND ORDINANCES

Rule 3. No motion to reconsider shall be made or notice thereof filed a second time on the same question unless said question has been substantially changed. Provided that whenever a motion is made and notice thereof filed on any such substantially changed question the same shall be made, filed and considered in the form and manner specified in Rule 23.

COMMITTEES

Rule 4. The Committee of the Whole shall be presided over at its daily meetings by each Council Member (other than the Council President) in rotation according to alphabetical order of last names, and if for any reason the Council Member whose duty it becomes to preside shall be unable to do so, the next in rotation shall preside, being followed at succeeding meetings by the others in their regular order.

There shall be a Standing Committee to be known as the Property Assessment Board of Review; said Board shall hear and determine appeals from property tax assessments. The Property Assessment Board of Review shall consist of all nine members, all of whom are appointed by the City Council and shall have the duties and powers as provided by law, which may be exercised by the whole Board or a sub-committee thereof.

All special committees, or sub-committees shall be appointed by the president, and the first named member of such committee shall be its chairperson. Special committees or sub-committees may be appointed by the President upon the request of any Council Member.

POWERS AND DUTIES OF THE PRESIDENT OF THE CITY COUNCIL

Rule 5. The President shall take the chair precisely at the hour to which the Council shall have adjourned at the previous session, shall immediately call the members to order, and, on the appearance of a quorum, shall cause the journal of the preceding session to be read, unless otherwise ordered by the Council.

Rule 6. The President shall preserve order and decorum and may speak on points of order, rising for that purpose; the President shall decide questions of order subject to an appeal to the Council (which appeal must be made and seconded), on which appeal no member shall speak more than once except by unanimous consent of the Council.

Rule 7. The President, or in his or her absence, the President pro tempore shall have a right to name any member to perform the duties of the chair, but such substitution shall not extend beyond an adjournment.

POWERS AND DUTIES OF THE PRESIDENT PRO TEMPORE

Rule 8. The President pro tempore shall during the absence of the President, have and exercise all the duties and powers of that office.

QUORUM

Rule 9. A majority of Council Members serving shall be a quorum for the transaction of business, but a smaller number may adjourn from day to day, and upon a call of the Council by any member thereof, if supported by a majority of the members present, whether a quorum or not, the President shall have power to send a member of the police force of the City with a written order to bring the absent Council Member forthwith before the City Council.

DUTIES OF THE CLERK

Rule 10. The City Clerk shall serve as the City Council's Clerk. The Clerk shall receive all petitions, complaints and communications from citizens to the City Council, refer the same to the proper department for consideration and adjustment, and whenever the department, either through neglect or inability, fails to satisfy the correspondent within a reasonable time, the Clerk shall advise the City Council of said fact. The City Clerk shall receive all communications from city agencies to the City Council.

The Clerk shall attend all meetings of the council and shall keep a correct journal of the proceedings. Within four business days after adjournment of any meeting at which any ordinances, resolutions or other proceedings requiring the Mayor's approval were adopted, such ordinances, resolutions or other proceedings shall be presented by the Clerk to the Mayor; provided, that when notice of intention to reconsider a vote has been filed with the Clerk pursuant to Rule 23, such ordinances, resolutions or other proceedings as have been adopted by such vote shall not be submitted to the Mayor until the action contemplated in the notice has been taken or until the expiration of the time thereof. At the time of presenting any ordinances, resolutions or other proceedings to the Mayor, the Clerk shall make or endorse thereon or attach thereto a certificate specifying the day on which the same was so presented, and such certificate shall be recorded with the proceedings of the council.

It shall be the duty of the Clerk to publish all ordinances and resolutions having the effect of law and other matter ordered to be published by the Council; the Clerk shall present or cause to be presented to the several committees such matters as may have been referred to them. The Clerk shall obey all lawful precepts of the Council.

The City Clerk is hereby designated to post all public notices of meetings required by these rules.

The City Clerk shall keep minutes of all meetings of the City Council sitting as a committee of the whole showing the date, time, place, members present, members absent and any decisions made, including closed sessions called pursuant to Michigan Public Act No.267 of 1976.

RIGHTS AND DUTIES OF MEMBERS

Rule 11. When a member is about to speak, the member shall rise and respectfully address the chair, and when two or more members rise at once the President shall name the member who is first to speak. The member shall speak only on the question under debate and avoid personalities. No member shall speak more than once on any question without leave from the Council, nor more than ten minutes at any one time.

HOW QUESTIONS SHALL BE PUT

Rule 12. On request of any member, or upon the order of the chair, the Yeas and Nays shall be taken on any question. At the regular meeting, in the absence of a Council Member who was chairperson of the day when the measure was introduced, the same shall be placed by the Council Member next in alphabetical order. Only those members of Council who are actually present at the time the vote is taken at an official meeting shall be able to vote.

Rule 13. When a member of the City Council desires to explain his or her vote, the council member may rise and make the request of the chair, which shall be granted, provided that the member shall make such explanation only in the form of a written statement, which statement shall be published in the proceedings along with the record of the vote to which it pertains. Only those members of Council who are actually present at the time the vote is taken at an official meeting shall be able to submit a written statement pertaining to his or her vote to be published in the proceedings of the City Council.

Rule 14. If any member, in speaking or otherwise, which transgresses the rules of the City Council, the President shall, or any other member may, call said Council Member to order, in which case the member shall immediately sit down, unless permitted to explain. The question shall be decided by the President without debate and subject to an appeal; if the decision should be in favor of the member called to order. The member shall be at liberty to proceed; otherwise not, without leave of the City Council by a majority vote of those present.

THE PREVIOUS QUESTION

Rule 15. The previous question shall be put in these words: "Shall the main question now be put?" It shall only be admitted when demanded by a majority of the members present, and its effect shall be to put an end to all debate, and to bring the City Council to a direct vote upon a motion to commit. If such motion shall have been made, and if this motion does not prevail, then upon amendments reported by a committee, if any, then upon the pending amendments, and then upon the main question.

DIVISION OF THE QUESTION

Rule 16. On the call of any member, a division of any question shall be made when the question will admit of a division so distinct that one part being taken away, the other will stand as an entire question for decision.

Rule 17. All reports from committees and officers shall be in writing.

PROCEEDINGS

Rule 18. The proceedings of the City Council shall be published in pamphlet form in sufficient numbers to supply any reasonable demand as may be made upon the City Clerk therefore.

A copy of the same, duly certified to by the President of the City Council and the City Clerk, shall constitute the official journal of the City Council of the City of Detroit.

A copy of the weekly proceedings shall be mailed by the City Clerk each week to any person desiring the same and who shall deposit with the City Clerk a reasonable amount for the expense of mailing, to be determined by the City Clerk.

STREET OPENINGS

Rule 19. No committee report favorable to the opening of any street, alley or highway in the City of Detroit, or resolution therefore, shall be presented to the City Council unless prior thereto the committee has fixed and described a district, which in their opinion, is a proper assessment district for said improvement.

TAXES AND ASSESSMENTS

Rule 20. No resolution, ordinance or proceeding of the City Council imposing taxes or assessments, or requiring the payment, expenditure, or disposition of money or property, or creating a debt or liability therefore, shall be put upon its passage or passed at the same meeting at which it was introduced, if objection be made by a member, but shall, if objection be made, be laid on the table, subject to being taken up at a subsequent meeting under the order of unfinished business, or shall be referred to a committee, which action shall be had without debate.

No resolution or other proceeding confirming or rescinding any assessment roll shall be acted upon by the City Council unless the Corporation Counsel shall have first certified the same with the word "Approved" to indicate that the same as well as the preliminary proceedings are legally correct.

NOT TO VOTE ON CERTAIN QUESTIONS

Rule 21. Except as provided by law or ordinance, no Council Member, shall vote on any question in which the member has a conflict between a personal interest and the public interest as defined by law, the charter of the City of Detroit or ordinances of the same. No Council Member shall vote on any question in which the member has a financial interest, as defined by law, charter, or ordinance; on all other questions, every Council Member shall vote, and in case of a tie the question shall be lost.

MOTIONS

Rule 22. No motion shall be debated or put unless it be seconded and properly stated by the President; provided, a second shall be required only upon the request of a Council Member for a call for a second; provided further, a proper statement of a motion by the president shall be required only upon the request of a Council Member for same.

Rule 23. A motion to reconsider a vote on any question shall not be in order after one regular meeting of the Council has intervened between the decision and the motion for reconsideration, but it shall be in order for any member of the prevailing side to move for a reconsideration thereof during that period. Provided, that the member shall file with the City Clerk by 4:00 P.M. of the fourth business day after the meeting at which the motion to be reconsidered was passed, a notice of intention to so move to reconsider it, and the same number of votes shall be required to reconsider any action of the Council as was required to pass or adopt the same. Provided further, that said member may withdraw the notice of intent to reconsider on the first, second, or third business day after the meeting at which the motion to be reconsidered was passed, with the Clerk giving notice to all Council Members. Provided further, that in the absence of the member who had filed such notice of reconsideration, at the regular meeting of the City Council next following the filing thereof, it shall, by virtue of said notice, be in order for any other member of the prevailing side to move for reconsideration of the question. Notice of reconsideration of any item or items in the report of a committee may be made in the manner above provided without affecting the other items or parts of said report. No motion to indefinitely postpone (or to lay on the table) a motion to reconsider shall be entertained at the same meeting at which the action proposed to be reconsidered was taken.

Rule 24. In filling blanks, the largest sum and the longest terms shall be put first.

Rule 25. When any question is under debate, no motions shall be received but the following, and they shall have precedence in the order in which they stand arranged, to-wit:

1. Motion to adjourn.

2. To lie on the table.

3. For the previous question.

4. To postpone to a day certain.

5. To commit.

6. To amend.

7. To postpone indefinitely.

MOTION TO ADJOURN

Rule 26. A motion to adjourn shall always be in order, except when a vote is being taken on any question before the Council, or when a member has the floor, provided, that there shall be some intervening business proposed between two motions to adjourn; and that the motions to lie on the table, and all motions relating to questions of order shall be decided without debate.

ORDINANCES

Rule 27. Every ordinance, previous to its introduction by a committee of the City Council, or a member thereof, shall be approved as to form by the Corporation Counsel.

Rule 27.1. At the end of one calendar year following the date of introduction of an ordinance, the City Clerk shall report to the City Council the existence of any such ordinance which is pending on the table. At the next regular meeting of the City Council following such report, the President shall bring the ordinance for a motion to take one of the following actions:

1. Adopt the ordinance.

2. Indefinitely postpone action on the ordinance.

Nothing in this rule shall prevent the City Council from reintroducing as a new ordinance any ordinance, which has been indefinitely postponed.

ROBERT'S RULES OF ORDER NEWLY REVISED

Rule 28. The rules and parliamentary practice comprised in "Robert's Rules of Order Newly Revised," copyright 1970 by Henry M. Robert, III, shall govern the Council in all cases where the rules of the City Council are not applicable.

Rule 29. No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment.

Rule 30. While the President is putting any question or while the roll is being called by the Clerk, no debate shall be in order, except by unanimous consent of the Council.

Rule 31. All resolutions shall be reduced to writing, and may be withdrawn before a vote is taken thereon or the same is amended.

OFFICIALS REQUESTED TO ATTEND

Rule 32. The City Clerk shall annually request the Corporation Counselor his or her designee, who shall be an Assistant Corporation Counsel, and the Finance Director or his or her designee to attend all regular and special meetings of the City Council.

Rule 33. One or more officers of the Police Department to be designated by the Chief of Police, shall also attend the meetings of the Council, shall execute the commands of the Council from time to time, together with all such process issued by authority of the Council, as shall be directed to them by the President, and shall keep order in the Council Chamber.

VISITORS

Rule 34. No person except members of a board, officers and ex-officers of the Corporation shall be admitted within the bar, unless invited by the City Council.

Rule 35. No person other than a Council Member shall be given the privilege of the floor excepting by unanimous consent on a motion to accord such privilege; provided, however, that this rule shall not apply to the giving of information to the Council by officials who are required to attend meetings of the Council whenever information touching the respective fields of activity of such officials shall be by a Council Member requested. This rule shall at no time be suspended and it may be altered or amended only on the affirmative vote of five Council Members voting thereon after written notice of the proposition to alter or amend shall have been given and has laid on the table for ten days.

Rule 36. These rules may be altered or amended by an affirmative vote of five Council Members voting thereon after written notice of the proposition to alter or amend shall have been given and has laid on the table for ten days, provided that any rule which does not contain a prohibition to the contrary may be suspended for a single session by the affirmative vote of five Council Members voting on the proposition to so suspend.

ADJOURNMENT OF DISCUSSIONS AND HEARINGS

Rule 37. Matters having been set for discussion or hearing before City Council according to the schedule released by the City Clerk's office the preceding week may be adjourned by the committee of the whole on any day up to and including the day of the scheduled discussion or hearing only with the unanimous approval of the Council Members present.

Matters having been set for discussion or hearing and placed on the City Council's daily calendar may not be postponed or rescheduled except by the committee of the whole after reference to the annals maintained by the City Clerk's office for entry of scheduled discussions and hearings. After the rescheduling of a discussion or hearing at the table, the City Clerk shall notify all Council Members, pertinent City agencies and interested persons whenever practicable.

METHOD OF PROCEDURE IN SUSPENDING RULE 23 AND INDEFINITELY POSTPONING THE MOTION TO RECONSIDER

Rule 38. A Council Member may arise and address the chair as follows: I move to reconsider the vote by which the (matter referred to) was adopted. The chair then states the motion, but does not put it to a vote.

Another Council Member immediately makes the following motion: I move to suspend Rule 23 for the purpose of indefinitely postponing the motion to reconsider.

The chair puts the motion to suspend Rule 23 and, if it prevails, the next motion is as follows: I move to indefinitely postpone the motion to reconsider.

Rule 39. The following procedure shall govern any emergency action other than the adoption of ordinances that the Council requires during its recesses:

The Clerk's office shall deliver to each Council Member's office a written summary of an emergency request and the explanation of it at least 24 hours before any action is taken.

The Clerk may give tentative approval to the action on behalf of the Council if the Clerk obtains oral or written consent from five or more Council Members.

At least five Council Members tentatively approving said action must agree the action constitutes an emergency need as well as tentatively approving the action itself.

Any action tentatively approved after the conclusion of this procedure shall be brought before a meeting of the Council immediately after recess for final approval.

Rule 40. A person shall be permitted to address a meeting of the City Council or City Council sitting as a committee of the whole subject to the following rules:

1. A brief written notice of a request to address the City Council shall be filed with the City Clerk not later than 4:00 PM of the business day immediately preceding the day of the scheduled meeting to which the request pertains; the City Clerk shall provide reasonable assistance in the preparation of such request to any person requesting same;

2. A written notice of a request to address the City Council shall identify the person making the request and shall state the subject matter on which such person wishes to address the City Council;

3. Except by unanimous consent of Council Members present, a person who has filed timely notice of request may address a meeting of the City Council sitting as a committee of the whole only with respect to any item appearing on the published calendar for the meeting.

4. Except by unanimous consent of Council Members present, a person who has filed timely notice of request may address a meeting of the City Council only with respect to an item appearing on the published agenda for the meeting which has not previously appeared on the published calendar for a meeting of the City Council sitting as a committee of the whole.

5. At a meeting of the City Council or a meeting of the City Council sitting as a committee of the whole, the presiding Council Member shall have discretion as to when during the meeting a person who is entitled to address the meeting shall be heard and shall have discretion to impose a reasonable limitation on the time allotted to hear such person.

The preceding rules pertaining to requests to address a meeting of the City Council sitting as a committee of the whole shall not apply to scheduled public hearings or to persons invited by the City Council to participate in discussions before the City Council.

CONCERNING ABSENCES OF COUNCIL MEMBERS

Rule 41. (Resolution by Former Council President Henderson)

WHEREAS, Members of City Council serve on National, State, Regional and Municipal governing bodies as special representatives of the Detroit City Council; and Whereas, These positions require that members of Council who are serving in these capacities be present at a minimal amount of meetings; and

WHEREAS, The City of Detroit, its citizens as a whole, directly benefit from the services rendered by Council Members;

NOW, THEREFORE, BE IT RESOLVED, That the Detroit City Council amends its rules to permit a letter of explanation concerning absences from the Council on official business by representative members of these other governing bodies be recorded in the Journal of Record as a part of the formal sessions proceedings.

40-HOUR REQUIREMENT FOR ITEMS SUBMITTED TO COUNCIL

Rule 42. The Clerk's office shall receive all executive or City agency requests for Council action no less than 40 hours before the items are presented for consideration by the Council.

The clerk shall promptly deliver to each Council member's office a copy of any request for action which is received less than two days before it is to be considered by the Council that bears a time stamp from the Clerk's office indicating that the request was received at least 40 hours before it is to be placed on the Council's calendar.

Any request which does not comply with the preceding provisions shall not be considered by the City Council unless the President, or in his or her absence, the President pro tempore, shall have authorized its submittal to the Council.

All requests receiving such authorization of the President, or in his or her absence, the President pro tempore, shall be presented for vote of the Council, and, after majority vote of the members present, shall be heard as part of the Daily Calendar.