DRAFT ORDINANCE 2026-XX To repeal and replace the organizational and procedural provisions of Bloomington Municipal Code Chapter 2.04, while keeping the article on council districts Working draft, October 15, 2026. For legislative and legal review. WHEREAS, the Common Council's basic legal duties and the public's rights belong in the municipal code, while the mechanics of running meetings belong in a separate, accessible set of council rules; and WHEREAS, Chapter 2.04 currently adopts Robert's Rules of Order and contains detailed directions on debate, motions, committee scheduling and adjournment; and WHEREAS, the council wants simpler rules that the public can understand, without changing any requirement of Indiana law; and WHEREAS, the public's ability to submit proposed legislation should not depend on finding a councilmember to sponsor it; and WHEREAS, earlier publication and a written question-and-answer cycle should allow factual questions to be settled before the meeting; and WHEREAS, the council intends to keep the boundaries of the six council districts, and to keep the city's existing decision to make zoning ordinances subject to mayoral veto, except where state law requires otherwise; NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF BLOOMINGTON, MONROE COUNTY, INDIANA, THAT: SECTION 1. REPEAL AND REPLACEMENT. Sections 2.04.010 through 2.04.460 of the Bloomington Municipal Code are repealed and replaced with new Sections 2.04.010 through 2.04.150, set out below. The council district provisions are not affected. CHAPTER 2.04 - COMMON COUNCIL GENERAL PROVISIONS AND COUNCIL RULES 2.04.010 Governing law and council rules. (a) The council exercises its authority under Indiana law and this code. It may adopt a separate written set of Rules of Procedure by recorded motion and vote at a public meeting. Those rules apply only to the extent they are consistent with federal law, state law and this code. (b) The city clerk keeps the current Rules of Procedure, with their effective date and any amendments, as a separate document available to the public on the city website. The rules are not incorporated into this chapter by reference, and amending the rules does not amend this code. (c) State law controls over any conflicting provision of this chapter or of the council's rules. Where a section of this chapter cites or summarizes a provision of the Indiana Code, that provision controls if the two conflict. This subsection applies to every section of this chapter, whether or not the section repeats it. No council rule, vote to suspend a rule, or ruling by the presiding officer may suspend or change a requirement set by statute or ordinance. (d) In this chapter, "mayor" means the city executive, as that term is used in the Indiana Code. 2.04.020 Adopting, amending and suspending council rules. (a) The council may adopt or amend its Rules of Procedure by a recorded vote of at least a majority. The process for initial adoption of the Rules of Procedure has to follow prevailing city code and any other customs in place at the time of their adoption. Amendments to the Rules of Procedure should follow the Rules of Procedure, like any other agenda item. (b) The council may suspend a provision in the Rules of Procedure at a particular meeting, for a stated purpose, by a two-thirds majority vote. A rule that carries out a requirement of federal law, state law or this code may not be suspended. A suspension does not amend the rule, and it ends when the stated purpose is accomplished or the meeting adjourns, whichever comes first. The requirements in this code chapter cannot be suspended. They can be changed or waived temporarily only through the enactment of an ordinance. (c) Neither the president nor any other councilmember may waive a council rule on their own. A question the rules do not cover is resolved as the Rules of Procedure provide, subject to applicable law. Under IC 36-4-6-18, the council may act by ordinance, order, resolution or motion within its statutory powers. COUNCIL ORGANIZATION 2.04.030 Officers. (a) Under IC 36-4-6-8(a), which governs second class cities, the council chooses a president and a vice president from its members at its first regular meeting after its election, and each January after that. (b) The president presides at council meetings, recognizes speakers, states questions for decision, announces results and keeps order. The vice president presides when the president is absent. If both are absent, the council selects a temporary presiding officer from its members. These are local duties and do not change any responsibility set by state law. (c) The details of officer elections and of how the chair conducts meetings may be set out in the Rules of Procedure or decided by the council before each election. 2.04.040 City clerk, agenda and legislative record. (a) Under IC 36-4-6-9, the city clerk is the clerk of the council. The clerk: (1) keeps the council's records in the clerk's office; (2) keeps an accurate record of the council's proceedings; (3) records the yeses and nos on every vote on an ordinance or resolution, and on any other vote when any member request it; (4) presents ordinances, orders and resolutions to the mayor under IC 36-4-6-15; and (5) records ordinances under IC 36-4-6-17. (b) Under IC 36-4-6-9(7), where its conditions apply to a second class city with a website, the clerk posts roll-call votes online within the three-business-day deadline set by that statute and keeps them online for four years. What starts the deadline, including the provision for approval of minutes when software cannot generate the vote record, is determined by IC 36-4-6-9(7). (c) In addition to these statutory duties, the clerk assembles and publishes agendas for regular council meetings and maintains the public legislative docket described in Sections 2.04.100 and 2.04.110. Council staff may assist, but the agenda must be compiled without screening for sponsorship or viewpoint. The clerk keeps every version of a proposal that is introduced or acted on, along with its outcome. 2.04.050 Committees. (a) By recorded council action, the council may create or dissolve standing or special committees and set their duties. The council may refer proposed legislation or other matters to a committee. Committee recommendations are advisory and have no legislative effect unless the council acts on them. Committee reports shall be in writing and signed by at least a majority of the members. (b) The Rules of Procedure may further govern committee appointments, chairs, referrals, scheduling, participation, and the operation of work sessions. Committee meetings and records are subject to the Open Door Law (IC 5-14-1.5) and the Access to Public Records Act (IC 5-14-3). MEETINGS AND VOTING 2.04.060 Meetings and notice. (a) Under IC 36-4-6-7(a), the council holds its first regular meeting in January after its election, and after that holds regular meetings at least once a month, unless its Rules of Procedure specify more frequent meetings. The council adopts its regular-meeting calendar for the following year in the manner provided by the Rules of Procedure, no later than Dec. 15. (b) Under IC 36-4-6-7(b), the council holds a special meeting when one is called by the mayor or under the council's Rules of Procedure. As a local rule, a special meeting may also be called by the council president or by any three councilmembers. Whoever calls the meeting must notify the clerk of its time, place and proposed business. The Rules of Procedure may set out administrative steps for handling a call, but may not change who is authorized to make one. (c) Under IC 5-14-1.5-3, IC 5-14-1.5-4 and IC 5-14-1.5-5: (1) meetings of the council and its committees are open to the public, who may observe and record them, except where a statute allows otherwise; (2) an agenda will be used, and it must be posted at the entrance to the meeting; (3) the required memoranda must be kept; (4) no final action may be taken merely by reference to an agenda item or number; (5) public notice of the date, time and place of a meeting must ordinarily be given at least 48 hours in advance, not counting Saturdays, Sundays and legal holidays, subject to the exceptions in those statutes; and (6) under IC 5-14-1.5-3(b), no secret-ballot vote may be taken at a meeting. (d) Under IC 5-14-1.5-3.3, the council may set reasonable procedures for public comment on voting items. The council gives the notice of its comment rules required by IC 5-14-1.5-3.3(f), by spelling them out in the Rules of Procedure, either by posting the rules visibly at the meeting entrance, or by announcing them before taking oral comment. (e) Under IC 5-14-1.5-6.1 and other applicable provisions of IC 5-14-1.5, the council may meet in executive session only as the law allows, and may take no final action in executive session. Electronic participation, reconvened meetings, accessibility and public access to records are governed by applicable law. (f) Members who anticipate being absent from a future meeting should provide, in reasonable general terms, the reason for the anticipated absence to the city clerk in writing, and to the council president. If the reason for the absence has been provided before the start of the meeting, either the clerk or the president of the council shall announce the reason for the absence immediately after the roll call, and the reason shall be recorded in the statutorily required meeting memorandum. If the reason for the absence is not provided before the meeting starts, but is provided before the clerk prepares the statutorily required memorandum, then the clerk shall include the reason in the memorandum. If the reason for the absence has not been provided by the time the clerk prepares the meeting memorandum, the clerk shall include the fact that no reason has been provided for the absence by the time of the memorandum preparation. If a member provides the reason for the absence during their allotted time for announcements at the immediately subsequent meeting, the reason shall be included in the memorandum of the meeting when the announcement is made. 2.04.070 Quorum and voting thresholds. (a) Under IC 36-4-6-10, a majority of all elected members is a quorum. (b) Under IC 36-4-6-11, where a majority vote is required, that means at least a majority of all elected members. Where a two-thirds vote is required, that means at least two-thirds of all elected members. Under IC 36-4-6-12, passing an ordinance ordinarily requires a majority vote unless the law requires more. (c) Vote requirements for resolutions, orders, appointments and other actions are set by the applicable Indiana statutes. The Rules of Procedure may specify how votes are taken and results announced, but may not lower a statutory vote threshold. 2.04.080 Public comment on voting items. (a) Before final action on each substantive voting item on a regular meeting agenda, the chair must invite public comment on that item, with two minutes per speaker. "Substantive voting item" includes ordinances, resolutions, orders, appointments, and other proposed final decisions on policy or spending. It does not include routine procedural motions. The chair may also invite comment on a proposed amendment before the council votes on it. (b) Comment procedures must be reasonable and viewpoint-neutral, and can be set out in the Rules of Procedure. This chapter does not require a general comment period at regular meetings for matters not on the agenda. The council may still hold a separately noticed public forum, work sessions, or provide another opportunity for that kind of comment. (c) These local comment opportunities do not change any public hearing required by law, or the public's right to observe and record meetings under IC 5-14-1.5-3 and IC 5-14-1.5-3.3. 2.04.090 Display of firearms at council meetings. Under the local regulatory exception in IC 35-47-11.1-4(6), intentionally displaying a firearm at any public meeting of the council is prohibited. This section does not generally prohibit possessing or carrying a firearm. AGENDA AND LEGISLATION 2.04.100 Equal access to the council agenda. (a) A councilmember, the mayor, an officer or agency of the city administration, or any member of the public may submit an item for a regular meeting agenda, including the full text of a proposed ordinance or resolution. No councilmember sponsor, endorsement by the mayor, or legal-review certificate is required to submit an item or to have it placed on the proposed agenda. (b) The clerk assembles the proposed agenda using one publicly announced filing deadline and the same objective submission requirements for everyone. Every timely item that identifies a subject and the action requested of the council, and that includes the text of any proposed legislation, must appear as a separate item on the published agenda. The clerk publishes who submitted each item and the supporting documents filed with it. The clerk promptly points out any deficiency and gives the submitter a chance to correct it before the deadline. No item may be left off the agenda because of its policy viewpoint, its source, its lack of a sponsor or its lack of a preliminary legal review. (c) Each proposed ordinance or resolution must carry, in a prominent place, one of these two notations: "Basic form-and-legality review completed by [name and capacity]" "No council staff member or councilmember has certified a basic form-and-legality review." The reviewer may be council staff or a named councilmember. The notation is a preliminary check, not a legal opinion, an endorsement or a guarantee that the measure is valid. The lack of a review does not prevent an item from being heard or voted on, but councilmembers may take it into account in deciding how to vote, including whether to postpone or reject the item. (d) The appearance of a proposal on the agenda does not enact or approve it, and does not require any councilmember to move its adoption. The council remains free to approve, reject, amend, refer, postpone or take no action on an item within its lawful powers. A limit under IC 36-4-6 or another Indiana statute, a required hearing, or a legal deadline controls over this section if they conflict. 2.04.110 Public availability of proposed legislation. (a) The clerk, with help from council staff, maintains free, searchable public legislative material on the city website. For each proposed ordinance or resolution, the material includes: (1) the full proposed text; (2) a plain-language synopsis, which explains the proposal but is not part of its legal text; (3) the fiscal-impact statement described in subsection (c); (4) each supporting document, as a separate file; (5) amendments submitted for consideration; and (6) the final outcome. (b) A proposed ordinance or resolution is posted as soon as practical after it is filed, and, for a timely filing, no later than the agenda-publication deadline in the Rules of Procedure. A substantive amendment first proposed at a meeting must be made public as soon as practical, and its text must be reduced to writing and made available in a document available to the public before the vote. (c) Each proposal must include a statement of its reasonably expected effect on city revenues, spending and debt, even if the expected effect is none, or an explanation of why the effect cannot reasonably be estimated. The Rules of Procedure may set more detailed submission requirements. (d) Public records are available for inspection and copying as required by the Access to Public Records Act, IC 5-14-3. Any statutory requirement for notice, publication, fiscal analysis or hearings controls over this section if they conflict. 2.04.120 Introduction and adoption of legislation. (a) As a local requirement, each proposed ordinance must have a descriptive title and an enacting clause. No councilmember sponsorship is required to file, introduce, consider or adopt a proposed ordinance or resolution, subject to any limits in state law. The full text of every legislative proposal must be available through a public docket. (b) Under IC 36-4-6-13(a), an ordinance may be passed on the same day or at the same meeting at which it is introduced only if the members present unanimously consent to consider it and two-thirds of all elected members then vote to pass it. Under IC 36-4-6-13(b), this requirement does not apply to a zoning ordinance, or an amendment to one, adopted under IC 36-7. No local rule may treat posting an ordinance online in advance as its introduction for purposes of this statute. (c) Under IC 5-14-1.5-4(a), an ordinance, rule, regulation or other final action adopted merely by reference to an agenda number or item is void. The council must identify the substance of any action it is considering. 2.04.130 Approval, veto, recording and publication. (a) Under IC 36-4-6-14 through IC 36-4-6-17, ordinances, orders and resolutions are signed by the presiding officer, presented to the mayor, approved or vetoed, recorded, and published when required, subject to the exceptions and additional requirements in those statutes. (b) Under IC 36-4-6-16, within ten days after an ordinance, order or resolution is presented, the mayor must either approve it or veto it and return it with reasons. If the mayor does neither, it is considered vetoed. A vetoed measure is defeated unless the council overrides the veto by a two-thirds vote at its first regular or special meeting after the ten-day period. On an ordinance that appropriates money or levies a tax, the mayor may approve or veto individual items. (c) Using the city's local option under IC 36-7-4-609, city zoning ordinances covered by that option are subject to the mayor's veto. Deadlines, exceptions, effects and override procedures are those set by IC 36-7-4-609. OTHER COUNCIL POWERS AND DUTIES 2.04.140 Budgets, taxes and appropriations. Under IC 6-1.1-17 and other applicable state law, the council carries out its budget, tax-rate, tax-levy and appropriation duties according to the notice, hearing, deadline and voting requirements that apply. The Rules of Procedure may set a calendar for discussion but may not change the statutory process. 2.04.150 Investigations, expulsion, inability to serve. (a) Under IC 36-4-6-21, the council may investigate city departments, officers and employees, charges against them, and the affairs of anyone who contracts or may contract with the city. Access to records, subpoenas and court enforcement are governed by that statute. This section gives the council no general power to remove anyone from office. (b) Under IC 36-4-6-6, the council may expel a member for violating an official duty, or declare a member's seat vacant if the member cannot perform the duties of office. Either action requires a two-thirds vote. The council may adopt its own rules for these proceedings. SECTION 2. COUNCIL DISTRICTS KEPT. The existing council district provisions of Chapter 2.04, including Sections 2.04.500 and 2.04.510, the district descriptions, and the maps and materials they reference or incorporate, are not amended or repealed and remain in force unchanged. SECTION 3. TRANSITION. On or before the effective date of this ordinance, the council must consider adopting, by recorded motion, a separate document titled "Common Council Rules of Procedure," to take effect on the same date as this ordinance. The rules will be published with the council's meeting materials. Until they take effect, the council may make necessary procedural decisions in a way consistent with Indiana law and this chapter. SECTION 4. EARLIER ACTIONS AND SEVERABILITY. Repealing a provision of Chapter 2.04 does not undo lawful council action already taken, cancel an obligation already incurred, or end a proceeding already begun, unless the law requires otherwise. If any part of this ordinance is held invalid, the rest remains in effect to the extent it can stand on its own. SECTION 5. EFFECTIVE DATE. This ordinance takes effect after it is adopted, approved by the mayor or passed over a veto, and published if publication is required, as provided in IC 36-4-6-14 through IC 36-4-6-17 and other applicable law.