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HomeMy WebLinkAboutMeeting Procedures.PDFJim Gilmore <jgilmore@cayuga-heights, ny. us> Meeting Procedures October 8, 2008 11:36:05 AM EDT :;[runfl??::rs@Yahoo'com>, Rov $talev <resiacsa@aol.com>, David Donner <daviddonners88@yahoo.com>, Frank colyer Diana Riesnran <driesman@-earthlink.ne>, Randy Marcus <rmarcus@bgdmlaw.com>, vcH-Dept-Heads Depanment Heads <VCH-depl-heads@cayuga-heights'ny'uS', Norma Manning iwlvianningecavrgi-hEigni".nl^r.", Beatrice szekery <beatrice@twcnv.rr.com> Dear Trustees, we've had all the trustees and department heads weigh in on the suggested new meeting procedures. Unofficially, here,s where we are now ar: 1) Roberts Rules is being discarded in favor ol NYS/I{YCoM suEgested meeting procedures, which we,ll distribute once we tailor them to vocH. ;LffiHliiT"ffil$t""J,l5#:"H:dav monthlv as we have been doins Mdept. heads and malor makins brier presentations w^ime alored ror each 3) The 3rd Monday Monthly Agenda will include time allowed for every segment listed, to keep us on track and Norma will have a timer. 4) Planning board meetings will be not happen on lhis Monday. 5) The 'lsi Mondayol each month will be set aside lorextra Trustee..Meetings and,planning Board Meetings oNLy as needed. lf minor planning Boardaction need be taken' it can still be scheduled d1,ii"s t19 o-ay, witn tne everiinJ'rn'eerings oetng for more major action requiring public inpu. ,n eithercase' Dept' Heads will not be expected to attend ttrii irternritb MonJai;;;iil'g, e*""pl ruorri .ncy-'rur"ivi"ne for taking minutes anir herping keeporcler. since our new regular 3rd Monday procedure will now be to close our business at 10 pm, vre wiil onry move to meet again in twp weeks, if there,spressing business to still attended to. This will give us time o "u""rt,:." it-"* * 6pen rileeting. 6) Privilege of the floor will be limited to 2 minutes Per public individual speaking, unless rhere,s only a 3 or so speaking in which case we,lr allow up to sminutes maxlmum. More specifip procedures to toilow and be passed out "t ou-'r'nert meeting. Generalty, privilege o, the floor will be directecl to grdMonday's meeting, not the ahemative tst Monday date. 7) Any significant $pecial subjects will be moved to the,l st .Monday, if the agenda is too full to accommodate. special subjects and/or publicpresentations will not be scheduled during privilege of the tloor, o,ji."p"iaiJrv "no atso ailoted a time. 8) Finally we'll add an Agenda ltgm called rrustee Privilege of the Floor...To encourage our Trustees to take the floor when they ha\,a a specitic matterto share' perhaps not regularly doverered. we'll set asio-e s minutesrai in[ r.]i-ri"t, and onty use it when someone steps forward originally' Randy' Diana and perhaps others had sugqested two meetings and splitting it up. upon further review, it seems that just being moreefficient in one meeting, bul havlnsihe ability to sei iiotlow-up r""tint.Yr " gioi'"o,npromise. lt,s a rnork in progress. An'y Trustees who've not weighed in please do so, and we,ll complete this plannir€ process. Thanks Much.....Norma and Jim ijlcrn: irjulej*ei,: i,i6r'*i 'r'*t i:{i: Jim Gilmore hilrnore @cavuoa-heights. nv. us Ma'/or, Village of Cayuga Heiqhts 836 Hanshaw Road llhaca, NY 14850 (607) 257-1238 MeETTNG PnocEDURES State law provides only limited guidance with respect to rules of procedures of public bodies. For example: . General Construclion Law $ 41 requires the presence of a quorum of the legislative body io conduct public business. A quorum is a majority of the tolal legally authorized membership of the body, regardless of vacancies and absences. Although a quorum is required lo conduct a meeting, a majority 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. . Public Officers Law $ 103 states that every meeting of a public body must be open 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. . Public Officers Law $ 106 outlines the minimum requirernenls for meeting minules. . Village Law, section 4-412(2) provides that lhe 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 (consistent with the aforementioned section 41 of the General Construction Law). As a result of this limited guidance it is recommended that each public body, be it a city council or a board of trustees, adopt rules of procedure for meetings. G eTERAL COTSIDERATIoNS A city council or a board of trustees may, by resolution, adopl rules of procedure in addition to what is required by state stalute, as described above. Written meeting procedures provide the board/council and the public with an outline of how the meeting will be run. Fules of procedure may serye to help public bodies not only function smoothly but also avoid controversy. Rules of procedure may help to clarify points of order that can affect the outcome of substantive issues, thereby cufiailing disagreements and misunde4standings. Some local governments have adopled Robert's Rules of Order as their standard for meeting procedures. The Rules are extensive and complicated. Written to benefit the conduci of large corporate bodies, the Bules are more cumbersome than what is necessary for typical municipal purposes. lf a public body determines to adopt Bobert's Rules of Order as its meeting procedures, we recommend that at least one member of Vorlruc . Each member of the Village Board of Trustees/City Council has one vote' . A vole upon any question will be taken by "yes" and "no." . When taking votes, the clerk must record in the minutes how each member voted ("y"a", ',nO;, or "abslain"), Or thal they were nOt present at the meetingl Abstentions and absences are not lo be counted as votes. Abstentions and absences are neither positive nor negative votes; they are not a vote at all. . For the purposes of determining whether a matter passed, the clerk must tally the number of Yes votes' n Unless otherwise specified by state law, a majority of the totally authorized voting power of the Board of Trustees/ City Council must vole "yes" for the ntatter lo pass. Mlruurrs . Minutes will be taken by the Clerk' . Minules must consist of a record or summary of all motions, proposals; resolutions ano any other matter formally voted upon and the vote thereon. . Minutes must be taken at executive session of any action that is taken by formal vote and must consist of a record or summary of the final determinalion of the action, and the date and vote thereon. The summary need nol include any matter which is not required to by made public by the Freedom of lnformation Law (FOIL). . Minutes must include the following: e Name of the Public bodY; . Date, Place, and time of the meeting; . Notation of whether a member is present or absent, and the member's time of arrival or time of deparlure, if either or both were different f rom the time the meeting was called to order and adjourned; o Name and title of other municipal officials and employees present and the approximate number of attendees; . Fecord of communicalions presented to the Board of Trustees/ Council; . Fecord of repofls made by members or olher village or city personnel; . Time of Adjournment; and . Signature of Clerk or of the person who took the minutes if not the Clerk. Minutes may nol contain a summary of the discussion leading to action taken or include verbatim comments unless a majority of the public body resolves to have the Clerk do so. Minutes must be approved by the Board of Trustees/ City Council at its next meeting. The minutes may be amended only upon approval of the Board of Truslees/Citv Council. Onoen oF BUSTNESS . Call to order: . Roll call; . Approval of previous meeting's minules; . Fepofi of officers and committees (list); . Public comment period; . Old business; . New business; ' APProprialions; o Auditing; and . Adjournpent. GeruenAL RULES oF PRocEDURE . The Maylor presides at meelings of the Village Board of Trustees; in the Mayor's absence, the Deputy Mayor presides. The Ciiy Council President presides at meetings of the City Council. In the Council President's absence, the Council Vice-Presiclent presides. . The preSiding officer may debate, make molions, and take any other action that other members may . . Members of the Board of Trustees/ City Council are not required lo rise but must be recognized by lhe presiding officer before making motions and speaking. . Motions ;equire a second. n 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, he or she must cease speaking until the question of order is determined. lf the member is in order, he or she may proceed. . A member may not be iimited in the number of times he or she speaks on a question. . Motions to close or limit debate require a two-thirds vote. GuroelrNEs FoB PueLrc CoMMENT . The public may speak only during the meeting's public comment period and at any other time a majorily of the Board of Trustees/City Council permits. . Speakers must be recognized by the presiding officer. . Speakers must step to the front of the room. . Speakers must give their name, address and organization, if any. . Speakers must limit their remarks to five minules on a given topic. . Speakers may not yield any remaining time they may have to another speaker. . Members of the Board of Trustees/ City Council may, wilh the permission of the presiding officer, interrupt a speaker during remarks, but only for the purpose of clarification or information. . All remarks must be addressed lo the members as a body and not to individual members. . Speakers must obse"rve the commonly accepted rules of courlesy, decorum, dignity and good tasle. lnterested parlies or their represenlatives may also address the Board of Truslees/City Council in writing. GuroelrNEs FoR Usr oF REcoRDING EourpluENT . All members of lhe public and all public officials may tape or video record public meetings. . Flecording is not allowed during execulive sessions. . The recording must be done in a manner which does not interJere with the meeting. . The presiding officer may make the determination that the recording is being done in an intrusive manner, taking into consideration, but not limited to, brightn6ss of lights, distance from the members, size of the equipment, the amounl of noise generated by the activity, and the ability of the public to still parlicipate in the meeting. . lf the presiding officer determines that the recording is interfering with the meeting, he or she may request the individual to take the steps necessary to eliminate the interJerence' lf this request is not complied with, the presiding officer may have theindividual removed from the meeting room. AoIoURNMENT . Meetings must be adjourned by motion. AUEruDMENTS To THE RuIes oF PRocEDURE ' The foregoing procedures may be amended from time to time by a majority vote ofthe Board of Trustees/City Council.