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HomeMy WebLinkAboutMeeting Procedures.PDF From: Jim Gilmore<jgilmore(?Pcayuga-heights.ny.us> Subject: Meeting Procedures Date: October 8,2008 11:36:05 AM EDT To: Ron Bors<ronbors@yahoo.com>,Roy Staley<resiacsa@aol.com>,David Donner<daviddonner8889 yahoo.com>, Frank Collyer <bcol@twcny.rr.com> Cc: Diana Riesman<driesman @earthlink.net>,Randy Marcus<rmarous@bgdmlaw.com>,VCH-Dept-Heads Department Heads<VCH-dept- heads @cayuga-heights.ny.us>,Norma Manning<NManning@cayuga-heights.ny.us>, Beatrice Szekely<beatrice@twcny.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 at: 1)Roberts Rules is being discarded in favor of NYS/NYCOM suggested meeting procedures,which we'll distribute once we tailor them to VOCH. 2)We will keep meeting on the 3rd Monday monthly as we have been doing w/dept.heads and mayor making brief presentations w/lime alloted for each department head noted on the agenda. 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 this Monday. 5)The 1 st Monday of each month will be set aside for extra Trustee Meetings and Planning Board Meetings ONLY as needed. If minor Planning Board action need be taken, it can still be scheduled during the day, with the evening meetings being for more major action requiring public input. In either case, Dept.Heads will not be expected to attend this alternate Monday meeting,except Norma and/or Mary Jane for taking minutes and helping keep order. Since our new regular 3rd Monday procedure will now be to close our business at 10 pm, we will only move to meet again in two weeks, if there's pressing business to still attended to. This will give us time to advertise it as an Open Meeting. 6)Privilege of the floor will be limited to 2 minutes per public individual speaking,unless there's only a 3 or so speaking in which case we'll allow up to 5 minutes maximum. More specific procedures to follow and be passed out at our next meeting. Generally,privilege of the floor will be directed to 3rd Monday's meeting, not the alternative 1st Monday date. 7)Any significant special subjects will be moved to the 1 st Monday, if the agenda is too full to accommodate. Special subjects and/or public presentations will not be scheduled during privilege of the floor, but separately and also alloted a time. 8)Finally we'll add an Agenda Item called Trustee Privilege of the Floor...To encourage our Trustees to take the floor when they have a specific matter to share, perhaps not regularly coverered. We'll set aside 5 minutes for this segment, and only use it when someone steps forward Originally, Randy, Diana and perhaps others had suggested two meetings and splitting it up. Upon further review, it seems that just being more efficient in one meeting, but having the ability to set a follow-up meeting is a good compromise. It's a work in progress. Any Trustees who've not weighed in please do so, and we'll complete this planning process. Thanks Much.....Norma and Jim Jim Gilmore jgilmore@cayu a-heights nv.us Mayor,Village of Cayuga Heights'. 836 Hanshaw Road Ithaca, NY 14850 (607)257-1238 I To Q0010 sot ch AA". b r ir.r �,r , 4) t t r z;�r A, Ka r t .�I 1 ! om .:ft ::>' �-,: ..... ..'rf. '- ti r 9 .�:d'! '.#•+t�� ' - 3-. .. ,. is ..sit r r• t I I - I i i MEETING PROCEDURES State law provides only limited guidance with respect to rules of procedures of public bodies. For example: • 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, regardless of vacancies and absences. Although a quorum is required to 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 requirements for meeting minutes. • Village Law, section 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 (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. GENERAL CONSIDERATIONS A city councilor a 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/council and the public with an outline of how the meeting will be run. Rules of procedure may serve 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 curtailing disagreements and misunderstandings. Some local governments have adopted Robert's Rules of Order as their standard for meeting procedures. The Rules are extensive and complicated. Written to benefit the conduct of large corporate bodies, the Rules are more cumbersome than what is necessary for typical municipal purposes. If a public body determines to adopt Robert's Rules of Order as its meeting procedures, we recommend that at least one member of VOTING • Each member of the Village Board of Trustees/City Council has one vote. • A vote upon any question will be taken by "yes" and "no." • When taking votes, the clerk must record in the minutes how each member voted ("yes", "no", or "abstain"), or that they were not present at the meeting. Abstentions and absences are not to 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. • Unless otherwise specified by state law, a majority of the totally authorized voting power of the Board of Trustees/ City Council must vote "yes" for the matter to pass. MINUTES • Minutes will be taken by the Clerk. • Minutes must consist of a record or summary of all motions, proposals, resolutions and 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 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). • Minutes must include the following: • 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 departure, if either or both were different from the time the meeting was called to order and adjourned; • Name and title of other municipal officials and employees present and the approximate number of attendees; • Record of communications presented to the Board of Trustees/ Council; • Record of reports made by members or other 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 not 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 Trustees/City Council. ORDER OF BUSINESS • Call to order; • Roll call; • Approval of previous meeting's minutes; • Report of officers and committees (list); • Public comment period; • Old business; • New business; • Appropriations; • Auditing; and • Adjournment. GENERAL RULES OF PROCEDURE • The Mayor presides at meetings of the Village Board of Trustees; in the Mayor's absence, the Deputy Mayor presides. The City Council President presides at meetings of the City Council. In the Council President's absence, the Council Vice-President presides. • The presiding officer may debate, make motions, and take any other action that other members may . • Members of the Board of Trustees/ City Council are not required to rise but must be recognized by the presiding officer before making motions and speaking. • Motions require a second. • A member, once recognized, may not be interrupted when speaking unless it is to call him/her to order. If a member is called to order, he or she must cease speaking until the question of order is determined. If the member is in order, he or she may proceed. • A member may not be limited in the number of times he or she speaks on a question. • Motions to close or limit debate require a two-thirds vote. GUIDELINES FOR PUBLIC COMMENT • The public may speak only during the meeting's public comment period and at any other time a majority 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 minutes 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, with 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 to the members as a body and not to individual members. • Speakers must observe the commonly accepted rules of courtesy, decorum, dignity and good taste. Interested parties or their representatives may also address the Board of Trustees/City Council in writing. GUIDELINES FOR USE OF RECORDING EQUIPMENT • All members of the public and all public officials may tape or video record 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 presiding officer 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 members, size of the equipment, the amount of noise generated by the activity, and the ability of the public to still participate in the meeting. • If 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 interference. If this request is not complied with, the presiding officer may have the individual removed from the meeting room. ADJOURNMENT • Meetings must be adjourned by motion. AMENDMENTS TO THE RULES OF PROCEDURE • The foregoing procedures may be amended from time to time by a majority vote of the Board of Trustees/City Council.