HomeMy WebLinkAboutCh.5 - Meeting Procedures.PDFChapter 5
MrerING PnocEDURES
State law provides only limited guidance with respect to rules of procedures of public
bodies. For example:
. Village Law $ 4-412(2) provides that the mayor presides at meetings of the board
of trustees and that a majority of the board constitutes a quorum for the purpose of
transacting business.
" General Construction Law $ 41 requires the presence of a quorum of the legislative
body to conduct public business. A quorum is a majority of the total legally
authorized membership of the body, negardless of vacancies and absences.
Although a quorum is required to conduct a meeting, a ma.jority vote of the total
legally authorized membership of the body is still required to pass most measures"
. Public Officers Law $ 102 provides definitions of meeting, public body, and
executive session.
. Fublic Officers Law $ 103 states that every rneeting of a public body rnust be opr;,^:
to the general public in a facility that permits barrier-free physical access to the
physically handicapped.
. Public Officers Law $ 104 states the requirements for public notice of meetings"
. Public Officers Law $ 105 outlines the requirements for conducting an executive
session.
. Fublic Officers Law $ 106 outlines the minimum requirements for meeting minutes.
As a result of this limited guidance it is recommended that each board of trustees, as well
as every other public body, adopt rules of procedure for meetings.
G eru ERAL CoxSIDERATIONS
The board of trustees may, by resolution, adopt rules of procedure in addition to what is
required by state statute, as described above. Written meeting procedures provide the
board and the public with an outline of how the meeting will be run. Rules of procedure
can help public bodies not only function smoothly but also avoid controversy. Even public
bodies that function smoothly without rules of procedure should consider adopting
meeting procedures because the difference between a collegial board of trustees and an
acrimonious, dysfunctional board of trustees is an election.
Some villages have adopted Roberf's Rules of Order. The Rules are extensive and
complicated. While written to benefit the conduct of large corporate bodies, the Rules are
more cumbersome than what is necessary for municipal purposes. lf a village board
determines to adopt Roberf's Ru/es of Order as its meeting procedures, we recommend
Handbook for Viltage Otficiab @ Chapter 5 Meeting Procedures
that at least one member of the board or village staff be fluent in the Rules and available
for interpretation during meetings.
Rules of procedure for village board meetings should be simple, straightforward and
uncomplicated and should, at a minimum, address the following topics:
. Regular meetings. When and where they are held and how they are cancelled;
o Special meetings. Who may call them, and when and how the board members
must be notified;
. Agendas. Who prepares them, and how and when can items be added and
removed from the agenda;
o Minutes. What must be included in the minutes beyond Open Meetings Law
requirements;
. Order of Business;
. General parliamentary rules on motions, seconds, debate, etc.;
" Rules for public comment such as lir,riting a speaker's tin'le;
o Rules for use of recording equipment; and
r Adjournment.
SnupIE RULES OF PnOCEDURE
The following are sample rules of procedure for a village board of trustees. Thev are
meant onlv to serve as a guideline and should be tailored to the specific needs of
each particular village. Your village board may wish to make its rules of procedure more
extensive, but at the very least it should address the topics in the sample.
RecuIAR MEETINGS
. The regular meeting of the Board of Trustees will be on the third Tuesday of each
month.
. The regular meetings will commence at 7:00 p.m. and be held in the boardroom at
village hall.
o Any deviation of the foregoing paragraph must be determined by the Board of
Trustees.
HandbookforVitlage Otrcials @ Chapter 5 Meeting Procedures
Specnl MeenNGS
. Special meetings of the Board of Trustees are all those Board meetings other than
regular meetings.
o A special meeting may be called by the Mayor or any Trustee upon notice to the
entire Board.
. Notice may be given by telephone, in person, or in writing at least 24 hours in
advance unless an emergency exists.
Quonuut
r A quorum of the Board of Trustees must be present to conduct business.
o A quorum of the five member Board of Trustees is three.
. ln the absence of a quorum, a lesser number may adjourn and compel the
attendance of absent members"
ExeCurIVE SESSIONS
o Executive sessions will be held in accordance with Public Officers Law $ 105.
. All executive sessions will be commenced in a public meeting.
Aceruoas
o The agenda of every meeting of the Board of Trustees will be prepared by the
Clerk at the direction of the Mayor.
. The Mayor or any Trustee may have an item placed on the agenda.
. When possible, items for the agenda must be given to the Clerk at least 24 hours
before the meeting.
. ltems may be placed on the agenda at anytime, including during the meeting.
. The agenda will be prepared no later than by noon on the day of the meeting.
o lf necessary a supplemental agenda may be distributed at the beginning of the
meeting.
Vorrruc
o Pursuant to Village Law, each member of the Board of Trustees has one vote. The
Mayor may vote on any matter, but must vote in case of a tie.
Handbook for Vitlage Otticiab fl Chapter 5 Meeting Procedures
o A vote upon any question will be taken by "yes" and "no""
. When taking votes, the clerk must record in the minutes for each Trustee whether
they voted yes, voted no, abstained from voting, or were absent. Abstentions and
absences should not be counted as votes. Abstentions and absences are neither
positive nor negative votes; they are simply no vote at all.
. For the purposes of determining whether a matter passed, the clerk must tally the
number of yes votes.
o Unless otherwise specified by state law, a majority of the totally authorized voting
power of the board must vote yes for the matter to pass.
Mrruures
o Minutes will be taken by the Clerk.
o Minutes must consist of a record or summary of all motions, proposals, resolutions
and any other matter formally voted upon and the vote thereon.
o Minutes must be taken at executive session of any action that is taken oy foi'mar
vote and must consist of a record or summary of the final determination of the
action, and the date and vote thereon. The summary need not include any matter
which is not required to by made public by the Freedom of Information Law (FOIL).
o Minutes must include the following:
o Name of the board;
. Date, place, and time of the meeting;
. Notation of whether a board member is present or absent, and the board
member's time of arrival or time of departure if different from the time the
meeting was called to order and adjourned;
. Name and title of other village officials and employees present and the
approximate number of attendees;
. Record of communications presented to the Board;
. Record of reports made by Board or other village personnel;
. Time of Adjournment; and
. Signature of Clerk or person who took the minutes if not the Clerk.
Minutes may not contain a summary of the discussion leading to action taken or include
verbatim comments unless a majority of the Board resolves to have the Clerk do so.
Minutes must be approved by the Board at the next board meeting. The minutes may be
amended only upon Board approval.
Handbook for Vittage Otficiab lp Chapter 5 Meeting Procedures
Onoen or BuSTNESS
. Call to order;
. Roll call;
. Approval of previous meeting's minutes;
. Report of officers and committees (list);
o Public comment period;
. Old business;
o New business;
. APPropriations;
. Auditing; and
* Adjournment.
GEUennL RULES oF PnoceDURE
. The Mayor presides at the meeting. ln the Mayor's absence, the Deputy Mayor
presides.
. The presiding officer may debate, make motions, and take any other action that
other Board members may take.
. Board members are not required to rise but must be recognized by the presiding
officer before making motions and speaking.
e Motions require a second.
o A member, once recognized, may not be interrupted when speaking unless it is to
call him/her to order. lf a member is called to order, they must cease speaking until
the question of order is determined. lf the member is in order, he may proceed.
o A member may not be limited in the number of times he speaks on a question.
o Motions to close or limit debate require a twothirds vote.
GuroelrNEs FoR Puellc Comnnerur
o The public may speak only during the meeting's Public Comment period and at any
other time a majority of the Board allows.
. Speakers must be recognized by the presiding officer.
Handbook for Vittage Otfidds @ Chapter 5 Meeting Procedures
. Speakers must step to the front of the room'
. Speakers must give their name, address and organization, if any.
o Speakers must limit their remarks to five minutes on a given topic.
o Speakers may not yield any remaining time they may have to another speaker.
o Board members may, with the permission of the Mayor, interrupt a speaker during
their remarks, but only for the purpose of clarification or information.
. All remarks must be addressed to the Board as a body and not to individual Board
members.
. Speakers must observe the commonly accepted rules of courtesy, decorum, dignity
and good taste. Interested parties or their representatives may address the Board
by written communications.
GuIPEIINES FOR USE OF RECORDING EOUIPIVIENT
. All rnenrbers of thc public and aii pui:riic oiticials are allewed to tape "r '"i'-;o '=cor'*-l
public meetings.
. Recording is not allowed during executive sessions'
. The recording must be done in a manner which does not interfere with the meeting.
. The Mayor may make the determination that the recording is being done in an
intrusive manner, taking into consideration, but not limited to, brightness of lights,
distance from the Village Board, size of the equipment, the amount of noise
generated by the activity, and the ability of the public to still participate in the
meeting.
o lf the Mayor determines that the recording is interfering with the meeting, the Mayor
may request the individual alter his behavior to eliminate the interference. lf the
Mayor's request is not complied with, the Mayor may have the individual removed
from the meeting room.
Ao.louRNMENT
. Meetings must be adjourned by motion.
AmeToMENTS TO THE RUIES OF PROCEDURE
. The foregoing procedures may be amended from time to time by a majority vote of
the Board.
Handbook for Village Otficiab f, Chapter 5 Meeting Procedures