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HomeMy WebLinkAbout2024.02.07 ADOPTED CC Rules of Procedure Common Council Rules of Procedure – Revised February 7, 2024 I. Meetings a. Organizational Meeting The Common Council shall meet on the first Wednesday of January after the election at the regular place of meeting of the Common Council for the previous year, and thereafter it shall meet at such place as it may choose, within or without the territorial limits of the city but in reasonable proximity thereto, and at times hereinafter provided. b. Regular Meetings As provided in Section 31 of the Charter, the Common Council shall hold regular meetings at least once each month, on the first Wednesday of the month. Meetings shall be held in Common Council Chambers, Third Floor, City Hall, 108 E. Green Street, unless otherwise specified by Council. The January regular meeting may be held concurrently with the Organizational Meeting. c. Special Meetings As provided in Section 31 of the Charter, the Mayor or any six Council members may call a special meeting of the Common Council by 24 hours' notice, in writing, served personally or by mail upon the other members of the Common Council or by leaving said notice at either their respective usual places of business during business hours or their respective places of abode at other times. In the absence of the Mayor, any three Council members may call special meetings by 24 hours' notice in the same fashion. d. Voting 1. In the proceedings of the Common Council, each member present shall have a vote in accordance with Section 30(B) of the Charter. The Mayor shall have a vote and shall be considered a member of the Common Council for all purposes except as otherwise provided by law or these rules of procedure. 2. As provided by Section 30(B) of the Charter, a majority of the members of the Common Council shall be a quorum for the transaction of business. If a member abstains from voting, it shall be considered as if that member did not vote. However, a member may only abstain from voting if that member determines that the member has a conflict of interest regarding the matter being voted upon. 3. A majority vote is required to pass any motion or resolution, except as is hereinafter provided. A vote of six (6) or more Council members shall constitute a majority vote. No tax or assessment shall be ordered except by a concurring vote of a majority of all members of the Common Council in office. e. Collection and Distribution of Materials 1. The City Clerk, at the direction of the Mayor, shall prepare and distribute an agenda to the members of the Common Council for each meeting of Common Council at least four days before each meeting. Common Council Rules of Procedure Revised February 7, 2024 2 2. Staff designated by the appropriate body shall distribute to the members of the Common Council an agenda of the Board of Public Works, Planning and Development Board, Ithaca Landmarks Preservation Commission, and Board of Zoning Appeals at least four days before each meeting of said boards. 3. Agendas for each meeting of each Committee of the Common Council will be distributed to the members of the Common Council by the department responsible for preparing agendas and minutes for said Committee. Agendas shall include all supporting documents unless a member of Council indicates that they do not wish to receive the documents for a particular committee. 4. Each Chair of a Common Council committee shall present agenda items, if any, pertaining to that committee in the appropriate final format to the City Clerk no later than 4:00 p.m. on the Thursday preceding any meeting of the Common Council and give some indication of whether the item is for report or action. Any member of the Common Council may present agenda items in the same fashion and by the same deadline to be considered at the following regular meeting of the Common Council. Time permitting, requests to waive this rule must be accompanied by a written explanation of why such a waiver is necessary. 5. The City Clerk shall transfer in memo or email form all referrals or action resolutions from Common Council to the Chair(s) of the involved Council committee(s), lay boards, agencies, and departments. 6. All matters to be brought before the Common Council should include sufficient supporting information for Common Council members to fully understand the matter to be voted upon. f. Attendance Except in case of emergency, any Common Council member that is not able to attend a Common Council or Committee meeting shall inform the chair of the Common Council or Committee, as applicable, at least three days in advance. Remote attendance is authorized only as provided by Local Law 2022-05 or other applicable City or state law. g. Length of Meetings Any meeting of either Common Council or a Committee thereof shall end after four hours unless an extension is authorized by a majority vote of said body. h. Chairs The Mayor shall serve as the Chair of the Common Council and shall designate the Chair of each Committee thereof from its members at the time such committee is appointed. Each chair shall be responsible for: 1. Holding an agenda-setting meeting with the appropriate member(s) of City staff prior to the release of the agenda; 2. Directing the designated City staff’s preparation of the agenda; 3. Presiding over meetings of the committee; and 4. Exercising all other powers of a committee chair provided by City or state law, or these Rules of Procedure. Common Council Rules of Procedure Revised February 7, 2024 3 II. Order of Business 1. Additions to and Deletions from the Agenda 2. Proclamations/Awards 3. Special Orders of Business 4. Special Presentations Before Council 5. Petitions and Hearings of Persons Before Council 6. Privilege of the Floor – Common Council and the Mayor 7. Consent Agenda 8. Resolutions from the Committee of the Whole 9. Reports of Committees 10. New Business 11. Individual Member-Filed Items 12. Appointments 13. Reports of Common Council Liaisons 14. Report of City Manager 15. Report of City Clerk 16. Report of City Controller 17. Report of City Attorney 18. Minutes from Previous Meetings 19. Adjournment (1) Additions to and Deletions from the Agenda No legislation may be moved for a vote at a regular meeting of the Common Council without unanimous vote of the members unless it first appeared on the agenda. A matter may be reported to the Council at any time, whether or not it appears on the agenda for that meeting, and an item may be withdrawn from the Common Council agenda with the consent of the Mayor and either the sponsoring committee Chair or individual member who brought the item. (2) Proclamations/Awards The Mayor shall announce any proclamations or awards. (3) Special Orders of Business Common Council will consider any agenda items or convene any public hearings deemed of special significance. (4) Special Presentations Before Council It is desirable for the Common Council to hear from boards, commissions, neighborhood associations, representatives from other municipalities, or some other group or individual to receive essential information for the effective maintenance of the City. In this case, the three (3) minute time limit shall not apply. (5) Petitions and Hearings of Persons Before Council Whereas democracy relies upon the participation of elected officials and constituents alike, at the beginning of each Common Council meeting, the Common Council shall provide 60 minutes of public comment, or such other amount of time as the Chair may permit on the meeting agenda. The time shall be allotted for those nonmembers who wish to express their views on Common Council Rules of Procedure Revised February 7, 2024 4 anything pertaining to City business. Persons not members of Common Council shall be accorded the privilege of the floor and be permitted to speak for three minutes in regards to matters within the scope of the powers of Common Council. All persons speaking before Council will observe the Rules of Order posted in Common Council Chambers (See Section III(d)). Petitions and Hearings of Spokespersons Before Council – Any provision herein to the contrary notwithstanding, a group of three or four persons wishing to be heard in regards to matters within the scope of the powers of the Common Council may designate a spokesperson to address the Common Council on behalf of said group. Such a spokesperson will be permitted to speak for five minutes. Similarly, a group of five or more may designate a spokesperson to address the Common Council on behalf of said group. Such a spokesperson will be permitted to speak for seven minutes. All persons represented by such a spokesperson must be present at the Common Council meeting, and appear with the speaker in order for the spokesperson to be heard. All spokespersons speaking before Council will observe the Rules of Order posted in Common Council Chambers (See Section III(d)). (6) Privilege of the Floor – Common Council Any member of Common Council shall be accorded the privilege of the floor to speak in response to any person having made comments during the Petitions and Hearing of People Before Council or in regard to any matters pending before Council or any matters of significance to the residents of the city. (7) Consent Agenda The Consent Agenda shall be a listing of all resolutions and appointments that have been designated by the Chairs of the recommending Standing Committees, or by the Mayor, as being routine and not likely to need or require discussion by the Common Council, unless said agenda item requires a formal vote in accordance with state or local law. The resolutions and appointments listed in the Consent Agenda are voted on as a group by the Council. Any member of the Council may require that any resolution or appointment in the Consent Agenda be instead included separately and individually as part of the business of a Standing Committee or Special Committee. (8) Resolutions from the Committee of the Whole A Council Member shall introduce each motion or resolution brought forward from the Committee of the Whole by reading, at minimum, the Resolved portions into the record. The Member need not read the entire resolution. The Member may synopsize or summarize the issues in the resolution, if so desired. (9) Reports of Other Committees The Chair of each Committee may give a brief oral report of any business of that committee not scheduled for discussion as part of the meeting Common Council Rules of Procedure Revised February 7, 2024 5 agenda, followed by an opportunity for other members of the Council to ask questions. (10) New Business The Mayor may ask Common Council to consider any report or resolution whether or not that report or resolution has been previously reviewed by a Committee. (11) Individual Member-Filed Items Any individual Council member shall introduce any motion, proposed resolution, or proposed ordinance that was submitted to the City Clerk by that individual Council member by 4:00 p.m. on the Thursday preceding the Common Council meeting and which was included in the agenda for that meeting. Any individual Council member may introduce a proposed local law that, pursuant to Section 20 of the Municipal Home Rule Law, was submitted to the City Clerk by that individual Council member at least seven calendar days (excluding Sundays) prior to the Common Council meeting, laid upon the tables of all the members of Common Council at least seven days (excluding Sundays) prior to the day of the Common Council meeting, and which was included in the agenda for that meeting. Common Council may decide to consider the motion or proposed resolution, ordinance, or local law, table it until a future meeting, refer said motion or proposed resolution, ordinance, or local law to a Standing or Special Committee, or take any other action it deems appropriate. (12) Appointments The Mayor and/or the City Manager, as applicable, shall present appointments to Common Council for a vote. (13) Reports of Common Council Liaisons Any Common Council member may provide a report related to any board, commission, or other body to which that Council member is a liaison. (14) Report of City Manager The City Manager shall provide a report. (15) Report of City Clerk The City Clerk shall provide a report. (16) Report of City Controller The City Controller shall provide a report. (17) Report of City Attorney The City Attorney shall provide a report. (18) Minutes from Previous Meetings The City Clerk shall present the minutes from previous meetings to Council. In the absence of objection or correction, the minutes stand approved without formal motion. Common Council Rules of Procedure Revised February 7, 2024 6 (19) Adjournment Upon completion of the above-listed order of business, the Mayor shall hear a motion to adjourn the meeting. III. Order and Decorum a. The Chair shall preserve order and decorum and shall decide all questions of order, subject to an appeal from the Common Council or Committee. b. If an appeal is taken from the decision of the Chair, the Chair shall have the right to explain the reason for the decision. The Common Council or Committee shall decide the case without debate, and the question shall be stated by the Clerk or equivalent staff, “Shall the ruling of the Chair be sustained?” The vote shall be taken by roll call and ruling sustained by a majority of the members of Council or Committee. While the Chair or the Clerk is taking a vote or while a member has the floor and is speaking, no other member shall speak except to raise a point of order or a point of information. c. No matter concerning the medical, financial, credit, or employment history of a particular person, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal, or removal of a particular person shall be discussed by Council in open session, but shall instead be taken up in executive session upon a majority vote of the total membership of Council as provided by Sec. 105 subd. (1)(f) of the Public Officers Law. In any case, Council members shall be sensitive to the negative impact of public statements criticizing an employee. If the direct subject of the public criticism is the content, implementation, or outcome of a policy, this is not considered to be a criticism of job performance. d. All members of the public who attend meetings of any City board, commission, or committee, including public meetings of Common Council, shall act in accordance with the following Rules of Order (as posted in Common Council Chambers): 1. Where public comment is scheduled on the meeting agenda, any member of the public may address the Common Council or a Committee thereof in regards to matters within the scope of the powers of the Common Council for up to three minutes. 2. Any person may address the Common Council or a Committee for up to three minutes during the “Petitions and Hearings of Persons Before Council” or “Public Comment” portion of an official meeting. A speaker will be notified by a timekeeper when her/his time has ended. Neither the Chair nor a majority vote of the entire body may extend the speaker’s limit. A person may address the body at any point after the “Petitions and Hearings of Persons Before Council” or “Public Comment” portion of the meeting upon permission from the Chair or by a majority vote of the body. The provisions of this subsection shall apply to spokespersons, designated per Section II(6)(a) of these Rules, with the exception that the time limit afforded such persons shall be either Common Council Rules of Procedure Revised February 7, 2024 7 five or seven minutes, depending on the size of the group the spokesperson represents. 3. Any person who shall desire to speak at a meeting of the Common Council or a Committee shall fill out a card stating her or his name, street address, municipality of residence, and the topic upon which they will comment. Any spokesperson, appointed pursuant to Section II(6)(a), who shall desire to speak at a meeting of the Common Council or a Committee shall fill out a form stating her or his name, the name, if any, of the group she or he represents, the names of those persons that the spokesperson is designated to represent, and the topic upon which they will comment. If a person identifies himself or herself as a member of such a group, he or she may not exercise the individual right to address the Common Council or the Committee at the same meeting. In completing this card or form each speaker will be affirming that they have read and understand the posted Rules of Conduct. Upon speaking, each person shall verbally state their name, the municipality in which they reside, and the name of the group they represent, if any, for the record. 4. Members of the public addressing the Common Council or a Committee shall do so in an orderly manner. 5. No person shall shout, use foul language, throw or slam anything, or engage in any other form of disruptive behavior. 6. No member of the public shall approach Common Council members or City staff seated at the Council table, except as detailed in Section III(d)(7) of these Rules, or upon request of the Chair or a majority of the body. 7. Speakers shall give any written materials to the City Clerk or City staff for distribution to Common Council and Committee members. 8. If a member of the public fails to follow the Rules of Order, the Chair shall ask the member of the public to take her or his seat or, if seated, the Chair shall ask the member of the public to cease any behavior in violation of the Rules of Order. 9. If a member of the public fails to sit down after being asked, or continues with outbursts or other behavior prohibited by these Rules of Order while in the audience, the Chair shall ask the member of the public to leave the room. 10. If a member of the public fails to leave the room after being asked or continues with other behavior prohibited by the Rules of Order, the member of the public will be subject to arrest on the charge of Obstructing Governmental Administration. IV. Committees a. The Mayor shall appoint, at the first meeting of the Common Council in each year or as soon thereafter as may be practicable, the members of all committees of the Common Council. b. A Committee of the Whole and a Budget Committee, when so convened, shall consist of all members of the Common Council and shall be chaired by the Mayor, except where otherwise provided by these Rules of Procedure or the resolution creating such committee. A quorum of such a committee shall be six Common Council Rules of Procedure Revised February 7, 2024 8 members of Council. In the absence of the Mayor, such committee shall be chaired by, in order of precedence, the Acting Mayor, the Alternate Acting Mayor, or such other presiding officer as the members of the Committee of the Whole in attendance shall select by simple majority. c. The Committee of the Whole shall have standing meetings on the second and third Wednesday of each month, unless otherwise specified in Common Council’s adopted legislative calendar. At any meeting of the Committee of the Whole or of Common Council, the Chair may modify the dates, times, and number of future standing meetings subject to the approval of at least six members (including the Chair) of the body. In the event of the modification or cancellation of a standing meeting of the Committee of the Whole, the Chair shall notify the City Clerk, who in turn shall notify all members of the Common Council of the modification or cancellation. In the event that a Special Meeting of Common Council should be held on a day scheduled for a meeting of the Committee of the Whole, the Chair of the Special Meeting may, at said Special Meeting and subject to the approval of at least six members (including the Chair), cancel the Committee of the Whole Meeting for that day without notice to the members of Common Council. d. Unless otherwise specified in the agenda for a particular meeting, the standing Committee of the Whole meeting held on the second Wednesday of each month shall be a Special Topics Work Session. A Special Topics Work Session shall be reserved for matters that would benefit from in-depth staff or outside presentations, extensive discussion, and/or detailed legislative consideration. A public comment period limited to topics related to the agenda of a given Special Topics Work Session may be held at the discretion of the Chair, but shall not be required for every Special Topics Work Session. Legally required public hearings may be held at Special Topics Work Sessions as needed. e. Unless otherwise specified in the agenda for a particular meeting, the standing Committee of the Whole meeting held on the third Wednesday of each month shall be a Study Session. A Study Session shall be reserved for matters such as the presentation of routine staff items not requiring extensive discussion, consultation with the City Manager, presentations from Council Committees or advisory commissions, review of workplans, the presentation and discussion of policy ideas by individual members, planning content for future meetings of Common Council and its Committees, and the determination of the consent agenda for the following Regular Meeting of the Common Council. There shall be no public comment at a Study Session, but legally required public hearings may be held at Study Sessions as needed. f. Additional meetings of the Committee of the Whole may be called in the same manner as a Special Meeting of the Common Council as provided in Section I(c) of these Rules of Procedure. g. Upon majority vote of the members of the Committee of the Whole in attendance, the Committee of the Whole may approve resolutions, ordinances, local laws, reports, or other items for placement upon an agenda for the following Regular Common Council Rules of Procedure Revised February 7, 2024 9 Meeting of the Common Council, but such vote shall not constitute the final passage or approval of such matter by Common Council. 1) For the purposes of illustration, an item voted out of either standing Committee of the Whole meeting in March would be considered by Common Council for potential final approval at the Regular Meeting of the Common Council held the first week of April. h. The Mayor shall consult with the City Clerk or other designated staff member to set and direct the preparation of the agenda for each meeting of the Committee of the Whole. Any member wishing to sponsor an item for addition to an agenda of the Committee of the Whole shall submit a request in writing to the Mayor no later than 4 p.m. four business days prior to the meeting (i.e., by 4 p.m. the preceding Thursday for a meeting to be held on a Wednesday). The agenda and supporting items shall be distributed in the manner provided by Section I(e) of these Rules of Procedure. i. The Mayor may, subject to the approval of a majority of Common Council, create one or more standing committees, which shall consist of five members of Common Council. If so created, the Mayor shall appoint the members thereof and appoint the chair of each such committee, and shall serve as an ex officio member of said committee. A standing committee shall be a committee that meets on a regular basis for an indefinite period for the purpose of conducting Council business, the scope of which shall be approved by resolution of the Common Council at the time of the standing committee’s creation. j. The Mayor may, subject to the approval of a majority of Common Council, create one or more special committees. If so created, the Mayor shall appoint the members thereof and appoint the chair of each such committee. The number of voting members of a special committee shall not be fewer than three or greater than five. The Mayor shall not serve as an ex officio member of all special committees, but may serve as a regular member of a special committee in the Mayor’s capacity as a member of Common Council. A special committee shall be a committee that meets on either a regular or as-needed basis for a limited period of time for the purpose of formulating legislative policies for recommendation to Common Council as a whole and/or for the purpose investigating such matters as may be directed by Common Council for reporting to Common Council as a whole. The scope of a special committee’s business and the period of time for which a special committee shall serve shall be approved by resolution of the Common Council at the time of the special committee’s creation. k. At its first meeting of each year, each Standing Committee and Special Committee shall, by majority vote of the committee’s voting members, select a Vice-Chair. In the event that the Chair is absent, incapacitated, or otherwise unable to perform duties of the Chair, the Vice-Chair shall be vested with all the powers and perform all the duties of the Chair until the Chair returns to service or, in the event of the Chair’s death, resignation, or removal, until the appointment of a new Chair. Common Council Rules of Procedure Revised February 7, 2024 10 l. Common Council may, by a two-thirds majority vote of its members (i.e. by an affirmative vote of 8 members), dissolve any Standing or Special Committee. m. All Standing Committees, Special Committees, Committees of the Whole, and the Budget Committee shall be subject to the state Open Meetings Law and shall conduct their business publicly, except as otherwise provided by law. V. Acting Mayor and Alternate Acting Mayor Pursuant to Section 33 of the Ithaca City Charter: a. By the time of the first regular Common Council meeting of each year, the Mayor shall appoint a member of the Council to serve (when needed) as Acting Mayor until the next such annual appointment or replacement by the Mayor. In the Mayor’s absence or in the event of a vacancy in the office of the Mayor, the Acting Mayor shall preside at meetings where the Mayor would normally preside, if there is no other provision for another officer to preside at that meeting in the Mayor’s absence. In the event that the Mayor is unable to perform the other duties of the Mayor’s office, due to absence and unavailability, sickness or incapacitation, or resignation, removal, or death, the Acting Mayor shall be vested with all the powers and perform all the duties of the Mayor, except as specified in the Charter or otherwise provided by law, until the Mayor shall resume the duties of the office or until any vacancy in the office of Mayor shall be filled for the unexpired term, by election according to law. The Acting Mayor shall not be authorized to make appointments unless the Mayor is absent or incapacitated for more than 30 days. The Acting Mayor shall sign all necessary papers with the Mayor’s name, adding thereto the words “Acting Mayor.” b. The Mayor shall in the same manner and for the same term appoint another member of the Common Council as Alternate Acting Mayor, which person shall assume the powers and perform the duties of the Mayor in the same manner and fashion as the Acting Mayor, whenever the Acting Mayor is required to assume such powers and duties of the Mayor’s office but is unable to do so as a result of absence and unavailability, sickness or incapacitation, or resignation, removal or death. c. In the event of the failure of the Mayor to appoint an Acting Mayor or Alternate Acting Mayor, as provided for above, the Common Council may do so by majority vote, which appointment(s) shall stand until the first Council meeting of the following year. VI. Receipt of Reports a. The Common Council may vote to ACCEPT in whole or in part the report of any person, consultant, committee, task force, or other group. Acceptance is hereby defined to mean that the Common Council acknowledges receipt of the report and thanks its author for it. b. The Common Council may vote to ENDORSE any such report in whole or in part. Endorsement is hereby defined to mean that the Common Council acknowledges receipt of the report, thanks its author for it, and concurs in its findings and/or recommendations. Common Council Rules of Procedure Revised February 7, 2024 11 c. The Common Council may vote to ADOPT any such report in whole or in part. Adoption is hereby defined to mean that the Common Council acknowledges receipt of the report, thanks its author for it, and formally commits itself to implementing its recommendations. d. The Common Council may vote to REJECT any such report in whole or in part. This may be done either by voting down an acceptance or an adoption resolution, or by passage of a resolution of rejection. Such a resolution means that while the Common Council has received the report, it finds it unsatisfactory and/or does not choose to implement its findings. VII. Vacancies a. In the event that a vacancy is created on Common Council pursuant to Article 3 of New York State Public Officers Law, Council shall fill such vacancy until the next regularly scheduled municipal election. b. A Council Selection Committee shall consist of: 1. The Mayor; 2. The remaining Council member from the same Ward in which the vacancy has been created, or, if both seats are vacant, another member of Council as selected by the Mayor; 3. Another member of Council as selected by the Mayor. c. Within 7 days of the receipt of written notice of the creation of a vacancy, the City Clerk shall post a notice of vacancy and request that interested candidates submit an application to the City Clerk. d. The Council Selection Committee shall review applications and schedule a meeting at which candidates have the opportunity to present themselves and answer questions. e. The Council Selection Committee shall, within 30 days of the posting of the vacancy by the City Clerk, present a recommended candidate to Common Council for a vote. The candidate shall be approved upon majority vote of Common Council. f. Approved candidates shall be seated at the next Common Council meeting and shall, once seated, have all the powers and duties of a member of the Common Council. g. In the event that Common Council does not approve the recommended candidate, the Council Selection Committee shall have the option of presenting an alternate candidate at the same meeting, or tabling the recommendation until the next Common Council meeting. VIII. Removal of a Council Member a. Common Council may initiate the removal of a Common Council member for misconduct or abrogation of duties, otherwise being unfit for service, OR, pursuant to New York State Public Officers Law 30(1), for failure to maintain residence in the Ward for which the member was elected. Residence shall be Common Council Rules of Procedure Revised February 7, 2024 12 defined, for the purposes of this provision, as the place where a person primarily lives, eats, sleeps, and maintains usual personal and household effects, and where the person returns to whenever temporarily absent. b. Robert’s Rules of Order shall govern the process for investigating a claim that a member is unfit for membership and ultimately removing a Common Council member from office. c. Removal of a Common Council member shall create a vacancy, pursuant to Article 3 of New York State Public Officers Law, which shall be filled as outlined in Section VII above. IX. Rules of Procedure The Common Council and its Committees shall be governed by these Rules of Procedure. In any matter of procedure not governed by these rules, the Common Council and its Committees shall be governed by Robert’s Rules of Order. X. Amendment, Reauthorization, and Suspension of the Rules a. These rules shall not be altered or amended except by a majority vote of the entire Common Council (i.e. six members), and then only after at least one week’s notice accompanied by a written or printed copy of the proposed alteration or amendment. b. At the Organizational Meeting each year, Common Council shall review these rules and, at the Organizational Meeting or the February regular meeting of Common Council, or as soon thereafter as may be practicable, Common Council shall either reauthorize these rules by majority vote, or approve amendments hereto in accordance with the procedure set forth in Section X(a). c. Should the Common Council decline or fail to reauthorize these rules as provided above, the most recently authorized or amended version of these rules shall remain in effect, including for each subsequent session of the Common Council, until reauthorized or amended as provided in this Section X. d. These rules may be temporarily suspended by a two-thirds vote of the Common Council. XI. Communication and Correspondence by Council Members a. Communications between Council Members and Staff 1. Members have a responsibility to remain knowledgeable about City operations, and need to receive information from City staff in order to execute their duties. Members seeking assistance from City staff should approach staff with clear and honest communication that respects the abilities, experience, and dignity of each individual and respects the staff need to do their jobs without undue interruption. Any requests for information must be based upon a Member’s legitimate need for information relating to City operations or policy; this requirement should be construed broadly. Common Council Rules of Procedure Revised February 7, 2024 13 2. Communications with City staff should be limited to normal City business hours except in extraordinary circumstances. Members shall not expect or request responses from City staff outside of normal business hours. 3. Members who request information from any City department to assist with policy development or other matters within the purview of Common Council shall follow the below guidelines: i. Routine Requests for Information. Members may contact staff directly for information readily available to the general public. Members shall be treated in the same manner as a City staff would treat any member of the general public, and Members shall not use their elected status to secure preferential treatment. The City Manager does not need to be advised of such contacts. ii. Non-Routine Requests for Readily Available Information. Members may contact staff directly for easily retrievable information not routinely requested by the general public, provided that the request does not detract from their normal duties or require staff to express an opinion. The Member shall copy or otherwise inform the relevant Department Head of any such request. iii. Requests Requiring Special Effort. Any Member request or inquiry that may require staff to compile information that is not easily retrievable or that requests staff to express an opinion (legal or otherwise) should not be directed to City staff, but must instead be directed to the Mayor, City Manager, and relevant Department Head for consideration. Responses to such requests shall be copied to all Members. iv. Recommendations as to staff execution of policies. Members, including the Mayor, shall refrain from recommending how staff should perform the day-to-day operational execution of their duties. Staff are hired based upon their knowledge and experience, and Members must maintain due regard for City staff’s exercise of judgment in the method and manner of conducting their work. Members acknowledge that City staff do not directly report to or otherwise work for Common Council. In the event a Member believes it is necessary to make recommendations on operational elements of staff work, such recommendation shall be made to the City Manager. v. Notwithstanding the foregoing, the Mayor, in consultation with the City Manager, may transmit any request for information to a Department Head. The Mayor should inform the City Manager if the intent of the request is to change current policy, establish new policy, or otherwise affect City operations. b. Other Communications by Council Members: Letterhead 1. The primary use of Common Council letterhead stationery is to communicate official Council positions on matters of public concern. These positions may be communicated by members of Council designated to speak for the whole when a majority of Council members have consented. 2. A secondary use of Common Council letterhead stationery is to allow individual Council members to express views regarding matters of official Common Council Rules of Procedure Revised February 7, 2024 14 City business. In these instances it shall be clear that that the opinion expressed by the Council member is that member’s opinion only and may not be the official opinion of the City or Council as a body. i. When expressing their own position on City letterhead, a Council member shall use letterhead designating their office, e.g. “Ezra Ithacan, Sixth Ward Alderperson, Common Council, City of Ithaca.” This personal letterhead may also be used, for example, for letters of reference or recommendation if the member, in their capacity as a City official, personally knows the subject. 3. When two or more Council members collaborate to express a view not officially advocated by the majority of Council, those members may electronically design their own joint letterhead indicating their names and offices, or use Council letterhead, but in either case shall explicitly state in the letter that their view is not that of the majority or the official view. 4. Council members shall not use City letterhead stationery, the City logo, or a City email address for their private correspondence or on behalf of private individuals or organizations. Correspondence on letterhead or through City email should never give the appearance of using the office of the member for personal gain or influence. c. Access by email and telephone. Council members shall maintain and publicize their official City email address and a local telephone number such that members of the public may reach the member to express their views. City business shall not be conducted using a private email address. XII. Budget Review Meetings. a. After receiving the City Manager’s Recommended Budget (“Recommended Budget”), the Common Council shall conduct a committee meeting (or series of committee meetings) for the purpose of reviewing the proposed budget; receiving presentations from City departments, agencies, and affected City-sponsored programs; considering possible modifications to the Recommended Budget; conducting two or more public hearings on the budget (in addition to the public hearing required at the regular Common Council meeting in November); and recommending a proposed budget to be voted upon by the Common Council at a regular or special Common Council meeting. b. The aforementioned budget review meetings shall be subject to the following procedural rules: 1. The Budget Committee shall consist of the full membership of Common Council. 2. A quorum for purposes of conducting business shall be a simple majority of the whole membership of Common Council, i.e., six members. 3. The Budget Committee shall be chaired as provided in Section IV(b) of these Rules of Procedure. 4. All budget review meetings are subject to the Open Meetings Law, and are, therefore, open to the public and require advance notice as provided by law. However, with the exception of those meetings which are specifically designated as “public hearings,” members of the public Common Council Rules of Procedure Revised February 7, 2024 15 shall not be entitled to make public comment at the meetings, unless the Committee decides otherwise by majority vote. For those meetings that are specifically designated as “public hearings,” or at any other meeting where the public has been permitted to comment, the same rules as to public comment which are applicable to regular Common Council meetings or other Council committee meetings shall apply. 5. At the first meeting in any year of the Budget Committee, the Recommended Budget shall be moved (and seconded) for recommended approval by Common Council, for the sake of discussion and possible amendment. Thereafter, including at subsequent meetings, the chair shall entertain proposed amendments to the Recommended Budget, with regard to any line or amount therein, which proposed amendment shall require a second in order to be considered. For passage by the Budget Committee, any such amendment shall require the affirmative vote of at least six of those Budget Committee members present. Following the consideration of all proposed amendments, the Budget Committee shall vote on a recommendation, to Common Council, of a proposed budget, including any amendments which have been acted upon affirmatively by the Budget Committee. If for any reason the Budget Committee is unable to make such a recommendation, then the Recommended Budget shall be moved for discussion at a Common Council meeting following the completion of the scheduled Budget Committee meetings. c. Nothing herein is intended to restrict the ability of the Common Council to amend the Recommended Budget at a Common Council meeting, prior to its adoption.