Noelle Monferdini

Tucker City Council District 2, Post 2

LEGISLATIVE PROCESS

City Council is the elected legislative body of the City responsible for writing and enacting City laws, known as ordinances. Ordinances govern the actions, responsibilities and tax dollars of residents, businesses, organizations, city departments and visitors in a city. Ordinances can be written and passed to address issues about housing, safety, public services, employment, the City budget and economic development. Many ordinances authorize the City to spend money on contract and projects that support the mission of the City of A city.

Who writes legislation?
Legislation is usually drafted for Council Members by Council staff lawyers and for the Mayor's administration by the city's Law Department. Every piece of legislation is sponsored by one or more members of Council, or by the Mayor. 
Directors of the City departments can request an ordinance be sponsored on their behalf.

What is the legislative process?
The Council Clerk and staff prepare all legislation for introduction and first reading at a council meeting. Under the Charter, legislation cannot be passed until it has been read on two separate days unless this requirement is dispensed with by a two-thirds vote of the Council.  This is known as passing legislation “under suspension".  Ordinances and Resolutions may be passed or adopted under suspension after either the first or the second reading.  If not passed under suspension after the first reading, the legislation is then sent to the appropriate City departments for review.
After departmental review, the ordinance is returned to Council for consideration in a public hearing before the appropriate Council Committee(s). Council Members and City departments can recommend changes, or amendments, to the legislation during the hearing process.
After the review is complete and any amendments have been made, the legislation is read a second time at a Council meeting.  A second reading allows Council Members and the public to hear what changes have been made to the law.  Amendments cannot be made after the second reading of the legislation.
If legislation is not passed under suspension after the second reading, it is scheduled for third and final reading and consideration for passage. A simple majority is needed to pass legislation. Ordinances and resolutions are effective 30 days after passage, unless a piece is declared an emergency measure by a two-thirds vote of the Council, in which case the legislation will take effect immediately upon the Mayor’s signature or 10 days after passage if not signed by the Mayor, unless a different effective date is stated in the legislation.
The Mayor does have the power to veto an ordinance.  Council must reconsider any legislation vetoed by the Mayor and, if two-thirds of the Council Members vote to override the Mayor’s veto, then the law is considered passed.

The Order of Proceedings at a Council Meeting

Roll Call
Invocation and Pledge of Allegiance
Communications
Condolence Resolutions and Congratulatory Resolutions
First Reading Ordinances and Resolutions
Second Reading Ordinances and Resolutions
Third Reading Ordinances and Resolutions
Introductions
Announcements
Miscellaneous
Adjournment

Key Terms:


The City Record is the official record of the City and contains the official proceedings of a City Council. The City Record lists legislation introduced and/or passed, resolutions introduced and/or adopted, resolutions & communications received by Council. The City Record also contains the legal advertising of the City or invitations to bid, the Board of Control minutes, and public notices dealing with City business.

Resolutions:

  • A Resolution, as legislation - an informal enactment stating a decision or expressing the opinion of Council regarding a particular item of business, an event, issue or person. 
  • Resolutions & scrolls that are NOT legislation - will publicly recognize dignitaries and community members and their accomplishments. 

City Clerk/Clerk of Council is the chief administrative officer of the City Council and is responsible for the daily operations of the office of the Council. Additionally, the Clerk must maintain all records of Council, including an accurate record of all Council proceedings and a record of all laws and ordinances.

Ordinance is a law.