HomeMy WebLinkAboutMN-DAC-2017-10-04Disability Advisory Council Meeting Minutes
October 4, 2017
Present:
Chair Roberts
Vice Chair Scriber
DAC Members:
Andrew Rappaport
Erin Sember-Chase
Others Present:
Information Management Specialist – Myers
CC Liaison Brock
Excused:
DAC Members Monroe and McElrath
Approval of Minutes:
Approval of the minutes of the September 6, 2017 Disability Advisory Council meeting
was deferred until the November 1, 2017 meeting.
Discussion Items:
Discussion and Planning for an ADA Coordinator for the City of Ithaca:
Chair Roberts expressed his disappointment that City Clerk Holcomb could not attend
the DAC meeting today to discuss the role of the ADA Coordinator. She was asked by
the City Attorney to wait until November to attend the DAC meeting with him to review
the information his office has put together on an ADA Coordinator.
DAC Member Sember-Chase expressed her concern that the DAC wanted an
opportunity to provide input to the City by way of discussing the position with City Clerk,
Julie Conley Holcomb, which now will not take place today. She is not clear why that
discussion could not take place today as the DAC was given the impression by City
Attorney Lavine at the September meeting that such a discussion would not be an
issue; that the City would be happy to discuss it further with the DAC; so the message
today is very surprising. She stated that the DAC is only in a position to advice and
advocate on behalf of the public for such a position within the City of Ithaca.
Chair Roberts noted that at the last meeting, his assumption had been that the DAC
said it was going to make suggestions about the position. The best way to do that is
with a job description of what an ADA Coordinator would do and then move that through
whatever channel it needs to go through. The reason City Clerk Holcomb was invited
was because she has institutional knowledge of that position only; he is stunned and
worried now that the City Attorney has advised her not to attend today’s meeting .
Chair Roberts suggested adjourning this meeting until November; or, the DAC could
ignore the whole issue with the City Attorney and just do the work it said it would do
today. If the DAC prefers the latter, then his suggestion would be that it will be
important for the DAC to record in its minutes, to have it on record, what is discussed
and agreed to by the City about what its next steps and intent are. Will the City seriously
consider an ADA Coordinator and also seriously consider the DAC’s recommendations.
Disability Advisory Council Meeting Minutes October 4, 2017
2
CC Liaison Brock stated that she is guessing, reading between the lines, that it has
been appropriately identified that there are legal responsibilities of an organization like
the City of Ithaca. This caught members of the Working Group off guard and they are
investigating what they do have and how they meet those requirements or don’t and
they won't have any discussion (so that it is in the minutes) until their answer is in place.
It is important for the City to have as much information about the position as possible.
The DAC should acknowledge that the City may not have had a chance to work and find
information to report to the DAC at today’s meeting, and to report how what is in place
complies with the spirit of the law.
The DAC should make very particular and precise changes to the rules that have been
circulated. Perhaps a formal letter or resolution from the DAC that outlines proposed
changes that they would like to see incorporated into the proposed new rules and
procedures for the four new commissions. Those changes need to be made now
because this item will appear on the City Administration Committee meeting agenda in
the very near future. In addition, at this point, she has not seen the new application that
will be used to recruit members for the new commissions. Therefore, all the DAC can do
right now is to respond to the proposed rules and procedures.
Review of Draft Rules and Procedures:
The draft Rules and Procedures will be attached to the minutes. After the September
DAC meeting, Chief of Staff Dan Cogan, shared proposed new language that
Alderperson and Chair of the Working Group Mohlenhoff will incorporate into the Rules
and Procedures on page 7. That language is as follows:
m. Diversity, Accessibility, Inclusion, and Sustainability. Every Commission and
working group is responsible to uphold the core values of the City, including the values
of diversity, accessibility, inclusion, and sustainability. To respect these values,
commissions should:
i. Recruit volunteers who reflect the demographics of the City, including members
who are of color, LGBTQA, religious minorities, or recent immigrants
ii. Hold meetings in locations that are physically accessible by persons with limited
mobility and make reasonable accommodations for persons with limited hearing or
vision
iii. Enforce rules consistently regarding public comment and debate. Show a
willingness to consider points of view that are well-reasoned, even if at odds with the
majority
iv. Promote policies and laws that protect that natural resources within the City; that
use City funds wisely; and that set a model for restrained consumption of non-
renewable energy
m. Communicate and collaborate with the other commissions—most commonly on a
Chair-to-Chair basis—to promote these values and to seek advice regarding issues
before them that may have special impact on under-represented groups of persons or
on the natural environment. To be determined.
CC Liaison Brock shared her thoughts on the wording “values” and “upholding core
“values”. Personally, to her, that doesn't mean someone will have particular expertise
or experience in anything. If the DAC is looking for a commission to have members that
represent diversity, disability, and accessibility expertise that needs to be specifically
stated.
Disability Advisory Council Meeting Minutes October 4, 2017
3
DAC Member Sember-Chase feels that it would be important to add to the charges of
the other Commissions something that explicitly states that they should proactively
consider and address any issues that might have an impact on citizens with different
disabilities (as well as other underrepresented groups). For example, the Commission
that is addressing emergency preparedness- this can have a huge impact on people
with disabilities and people with disabilities should be involved in decisions or policy
making that could impact them. By explicating stating each of the underrepresented
groups that should be considered in this work, it allows for transparency of what that
Commission's charge is and who they should be considering and/or consulting. It also
helps to show that disability issues, as well as issues that impact other marginalized
groups, does not fall within just one Commission's purview but under all four
commissions’ charges and responsibilities. She understands that listed under "Duties:
G" that it says "to serve as a means of....consistent with diversity, accessibility...as
necessary..." as a piece of each Commission's duties, but she doesn’t think that's
explicit enough. Each group to be considered and involved should be spelled out. That
demonstrates the City’s commitment to these historically marginalized populations in a
more tangible manner. She shared that her rationale in making this suggestion relates
to the fact that the DAC was created in early July of 1990 (referencing the "How Did We
Get Here" piece of the “Recommendations from the DAC” shared with members of the
Working Group at the September meeting. This was actually before the ADA was even
passed. The fact that the DAC was conceived of, and the wording of the points made in
the resolution itself, really shows how progressive Ithaca was in recognizing the
importance of the disability perspective and the value that members of this
underrepresented group contribute to our community, and therefore our responsibility to
make our community accessible to and inclusive of them. By creating the DAC, Ithaca
was demonstrating this commitment before the federal government even said it had to
be done. Here we are over 25 years later and while she understands the need to
streamline efforts, she doesn’t think any of us want to see the change in Committee
structure take us backwards, for people with disabilities or any other historically
marginalized group. She is also a big proponent of diversity and inclusion efforts being
the responsibility of all and not just one group, and being something that is interwoven
into everything each group does. Moving toward having these four Commissions
presents a great opportunity to ensure that happens, but she does think it needs to be
very explicitly stated that that is the expectation of the DAC that each Commission
actively engages in making it happen.
Vice Chair Scriber stated that in conjunction with the Rules and Procedures for the new
commissions that the City needs to provide specific training to commission members on
diversity, inclusion, disabilities and how decisions affect every member of the
community. The City by just saying they “value” and “understand” what those things
mean are two entirely different things.
DAC Member Rappaport noted that in the list of people that the City is striving to include
in its membership and decisions that diversity and people with disabilities are not on
that list. The City needs to insure that each commission has a member that can stand
up for these underrepresented groups.
CC Liaison Brock reminded DAC members that some of the language and thoughts
being shared relate to language in the ordinance and local law to change the City Code.
Those two documents have already been approved so no changes in their language is
possible right now.
Disability Advisory Council Meeting Minutes October 4, 2017
4
Vice Chair Scriber expressed her concern and frustration that by the time the proposed
changes to a four commission structure was presented to the DAC it was a done deal
and provided no opportunity for changes to be made.
DAC Member Sember-Chase stated that in the Rules and Procedures that people with
lived disabilities is not even included. It’s embarrassing that other groups are
mentioned and not disability related groups.
Chair Roberts stated that he is a little worried about where there is any discussion about
disabilities it is phrased as “people with limited mobility or limited hearing”. It should be
“people with disabilities and also people with limited hearing”; that general language is
outdated.
Vice Chair Scriber would like to see the wording adjusted to “people with disabilities
including…., but not limited to and people with limited hearing” so that it is explicitly
clear about the representation on the commissions and the groups that any decision will
have an impact upon. She would suggest changes to the first bullet point to make it
state “reflect commissioners who represent the demographics of the city including those
with lived disability experience or expertise in accessibility and disability”. That
statement should come before the statement that begins “members of color…”.
DAC Member Rappaport suggested that language from the ADA website be used. That
would include language such as “Promote and enhance policies and laws that prohibit
discrimination based on disability, race, religion, sex, national origin, and other
characteristics illegal”. He further stated that the DAC wants to insure that each
Commission’s designated member will consider everything from the ADA perspective
including federal/state and local laws for people with disabilities and other marginalized
groups. He further suggested that perhaps the word “promote” should be used to
promote policies and laws that enforce and enhance disability and accessibility
compliance. The ADA is a separate law; and there are other laws that also apply such
as the building code, fair housing laws, and NYS and federal laws which are sometimes
stricter.
Vice Chair Scriber would also like to see this language become part of the review
process for all projects undergoing review by the City prior to permit issuance.
Chair Roberts voiced his opinion that the DAC has provided a lot of advice to the City
about how important it is that each commission have a member with either a lived
disability or experience working with ADA law and accessibility. He would propose that
the DAC provide a resolution to the Working Group and Common Council that
recommends specific changes to the policy and procedures manual related to ADA law,
accessibility, disability and qualifications to serve on each commission as a designated
expert in this field. The resolution also needs to include the recommendation that these
designated experts would meet amongst themselves regularly to share information
between commissions. That member should be required to either be a person with
lived disability experience or expertise in ADA laws and compliance.
Chair Roberts further noted that at the November meeting, the DAC could ask City
Attorney Lavine to offer an opinion about what else the DAC should recommend be
placed in the policy and procedure manual for the four new commissions.
Disability Advisory Council Meeting Minutes October 4, 2017
5
CC Liaison Brock reminded DAC members that they had discussed the need for the
policy and procedure manual to include some kind of training requirement that all
commissioners must participate in a certain amount of training each year in order to
continue to serve.
DAC Member Sember-Chase stated that she received an e-mail from Sue Kittel, who is
on the City’s Workforce Diversity Advisory Committee. Ms. Kittel explained that the
committee had just learned about the changes being made to the boards and
committees, and they concerned about the DAC being disbanded. They offered to
provide any type of assistance to the DAC as it may need.
CC Liaison Brock, who is also the CC Liaison to the Workforce Diversity Advisory
Committee (WFDC), explained that she had shared recent e-mails between DAC
members about the change as well as the minutes from the DAC meetings so they
would have the all the information about the concerns of the DAC.
DAC Member Sember-Chase explained that she did respond to Ms. Kittel’s e-mail. She
further noted that the members of the WFDC want to help the DAC in its efforts to
ensure expert member representation on each of the commissions, but not duplicate
efforts that the DAC may have already made. She, also, shared emails from this year
with information from DAC with Ms. Kittel. Ms. Kittel responded back her, and Schelley
Michell-Nunn, the City’s Human Resource Director and member of the WFDC has
requested that the committee talk about these changes and the implementation of the
new plan. The members of the WFDC would like to be helpful and want to make sure
they do not do or say anything that might go against anything the DAC has been doing;
however, they did want the DAC to know that they support them in their efforts.
Chair Roberts suggested that the DAC invite members of WFDC to the November
meeting. He will reach out to discuss concerns of the DAC with Ms. Kittel prior to the
meeting. The members of the WFDC that attend the November DAC meeting are
welcome to either observe or offer comment during the meeting. After that meeting, he
will ask the WFDC to either formally support the efforts of the DAC or whatever the
members of the committee might want to do in support of the DAC.
Recommendations from the Disability Advisory Council for Changes to the
Proposed “Rules of Procedures for the City of Ithaca Advisory Commissions” -
Resolution
By DAC Member Sember-Chase: Seconded by Vice-Chair Scriber
WHEREAS, the Disability Advisory Council, in response to the City of Ithaca’s
restructuring of its boards and committee that includes the discontinuance of the
Disability Advisory Council, has reviewed the language in the proposed “Rules of
Procedures for City of Ithaca Advisory Commissions”; and
WHEREAS, the DAC has further reviewed the charge for each commission as outlined
in the ordinance that is a companion document to the “Rules of Procedures”; and
WHEREAS, while the DAC acknowledges that changes to the ordinance cannot be
made since it has already been approved, they do want it stated that language should
have been added to the charge that explicitly states that each individual Commission
should have at least one Commissioner with a lived experience with a disability and/or
expertise pertaining to disability, and that each Commission should proactively consider
and address any issues that might have an impact on citizens with different disabilities
(as well as other underrepresented groups); and
Disability Advisory Council Meeting Minutes October 4, 2017
6
WHEREAS, by explicitly stating each of the underrepresented groups that should be
considered in this work, it allows for transparency of what that Commission's charge is
and who they should be considering and/or consulting. It also helps to show that
disability issues, as well as issues that impact other marginalized groups, does not fall
within just one Commission's purview; and
WHEREAS, each group to be considered and involved should be spelled out in the
charges so that it demonstrates the City’s commitment to these historically marginalized
populations in a more tangible manner; and
WHEREAS, the City of Ithaca in recognizing the importance of the disability perspective
and the value that members of this underrepresented group contribute to our
community, and the responsibility to make our community accessible to and inclusive
created the DAC in 1990 to demonstrate its commitment - before the federal
government even said it had to be done; and
WHEREAS, Chief of Staff Cogan, after meeting with the DAC on September 6, 2017 to
discuss this topic provided the following language for item 1m in the proposed “Rules of
Procedure” related to Diversity, Accessibility, Inclusion, and Sustainability; and :
WHEREAS, in order to ensure that each of the four new commissions has a designated
member with either lived disability or experience in working with people with disabilities
and accessibility, the DAC recommends the following changes to item f and item m in
the proposed “Rules of Procedures”:
f. Commissioner Appointments and Applications.
i. At least one Commissioner appointed to each Commission shall be a self-
identified individual with a lived disability or expertise in accessibility and disability and
advocate for accessibility for everyone.
m. Diversity, Accessibility, Inclusion, and Sustainability. Every Commission and
working group is responsible to uphold explicitly the core values of the City, including
the values of diversity, accessibility, inclusion, and sustainability. To respect and
promote these values, commissions should:
i. Recruit Commissioners and volunteers who reflect the demographics of the City
including, but not limited to those with lived disability experience or expertise in
accessibility and disability, and members including, but not limited to who are of color,
LGBTQA, members of diverse socio-economic status, religious minority, or recent
immigrants
ii. Hold meetings in locations that are physically accessible for all persons, including
those with limited mobility and make reasonable accommodations for persons, including
but not limited to those with limited hearing or vision.
iii. Enforce rules consistently regarding public comment and debate. Show a
willingness to consider points of view that are well-reasoned, even if at odds with the
majority
iv. Promote policies and laws that prohibit discrimination based on disability, race,
religion, sex, national origin, and other characteristics, protect natural resources within
the City; that use City funds wisely; and that set a model for restrained consumption of
non-renewable energy
Disability Advisory Council Meeting Minutes October 4, 2017
7
v. Promote the establishment of policies, services and laws that not only serve the
needs of those with disabilities, but also enhances state and federal protections for
those with disabilities and accessibility concerns,
vi. Communicate and collaborate with the other commissions—most commonly on a
Chair-to-Chair basis—to promote these values and to seek advice regarding issues
before them that may have special impact on under-represented groups of persons, on
the disabled, and on the natural environment. To be determined
; and
WHEREAS, the DAC recommends that regular training for commission members be
provided to ensure complete consideration and compliance with ADA requirements in
reviewing topics and recommendations to Common Council; and
WHEREAS, the DAC recommends to the City of Ithaca to insure discussions of each
commission promote compliance with ADA laws and requirements for accessibility and
disabilities, and that they be incorporated into any work for each and every project prior
to permit issuance; now, therefore be it
RESOLVED, That the DAC has thoroughly reviewed and discussed the concerns
outlined in this resolution and recommends that Common Council incorporate the
suggested changes into the charges for each commission and the proposed “Rules of
Procedures” prior to January 1, 2018.
Carried Unanimously
Adjournment:
On a motion the meeting adjourned at 1:25 p.m.
_______________________________ _______________________________
Sarah L. Myers, Larry Roberts,
Information Management Specialist Chair
Rules of Procedure for
Citv of lthaca Advisorv Commissions
l. General Rules and Procedures
a. Enactino Authoritv a nd Amendments . These Rules of Procedure govern the
membership and meetings of the Public Safety and lnformation
Commission, the Community Life Commission, the Mobility, Accessibility,
and Transportation Commission, and the Parks, Recreation, and Natural
Resources Commission (collectively, the "Commissions"). These Rules are
adopted by the Common Council pursuant to "City Code" $ 8-9. Any
amendment of these Rules is subject to Council approval.
b. Duties and Expectations. The followin g are the duties and expectations for
the Commissions' Chairperson, Commissioners, Advisors, and Common
Council Liaisons:
Commissioners. The Commissioners are expected to have
experience, interest, or expertise in one or more subject matter areas
considered by the Commission on which they serve and shall strive
to educate themselves on, and take interest in, issues impacting the
City and its residents within the Commission's entire purview.
Commissioners are expected to attend all Commission meetings as
active participants and shall review all agenda packets and relevant
information or documents before meetings. The Commissioners
shall work with the Chairperson, City Staff administrator, Advisors,
Common Council Liaison, and working groups to provide Common
Council with information, analysis, and recommendations regarding
issues falling within the subject matter areas considered by their
Commission. The Commissioners shall follow the rules of procedure
set forth herein in order, including those regarding working groups,
agendas, meetings, order and decorum, and voting.
ii. Chairoerson. ln addition to the duties and expectations applicable to
all Commissioners, the Chairperson presides over meetings of the
Commission and is expected to strive to ensure that the work of the
Commission is accomplished. The Chairperson is responsible for
establishing each meeting's agenda and guiding all meetings
through the order of business and voting procedures set forth in the
rules below. The Chairperson shall check in periodically with the
working groups of the Commission to ensure such groups are
fulfilling their purpose. The Chairperson shall meet at least quarterly
with the Chairpersons of the other Commissions and of the standing
committees of the Common Council. The Commissioners shall
appoint, by majority vote, another Commissioner as the Vice-
Advisory Commission Rules of Procedure Page 1 of 'l 1
Chairperson, who shall assume all Chairperson responsibilities in his
or her absence.
iii. Advisors.lThe Advisors are appointed by a majority vote of the
Commission and shall serve as a resource to the Commission in one
or more subject matter areas in which the Advisors have expertise.
Advisors may be called upon by the Chairperson to provide
information, analysis, or advice during the discussion of an agenda
item for which the Advisor has expertise to offer. Such information,
analysis, or advice may be presented verbally during a meeting or in
documentation provided to the Commission before, or during, a
meeting. Advisors may petition Commissioners or the Chairperson
for the inclusion of relevant topics or issues on the agenda, subject
to approval by the Chairperson and agenda procedures set forth
herein. During meetings, Advisors shall not vote and shall only have
privilege of the floor in excess of that afforded members of the public
if granted by the Chairperson. Such privilege of the floor shall not be
subject to time limitations applicable to members of the public and
may include participation in discussion of voting items. Advisors may
also serve on Commission working groups under the procedures set
forth in these rules.
iv. Common Council Liaisons. The members of Common Council
appointed to serve as a liaison to the Commission are expected to
serve as the primary channel of communication between Common
Council and the Commission, review the annual workplan of the
Commission and make recommendations to the Common Council
and Commission regarding the same, strive to ensure proper
functioning of the Commission, and otherwise assist the Commission
as necessary. At least one Common Council liaison is expected to
attend each Commission meeting.
c. City Staff Administrator. The City shall assign a member of City staff to serve
as administrator for each Commission. The duties of such City staff
administrator shall include attending all Commission meetings, taking notes
during meetings, preparing minutes for approval, preparing and distributing
agenda packets to Commissioners in conjunction with the Chairperson, and
tracking Commissioner attendance at meetings. ln the event a City staff
administrator is unable to perform these duties or attend a Commission
meeting, he or she must notify the Chairperson and relevant Department
Head in advance so that the City can make altemate, temporary
arrangements.
1 City Code S 8-4(AX5)
Advisory Commission Rules of Procedure Page 2 of 11
d. Workinq Groups. The Commissions ma y create, renew, and dissolve ad
hoc working groups as follows:2
i. Creatinq Workinq Groups The Commission may form a working
group to advise the Commission on a particular issue or topic if it
determines such a need exists or if requested to do so by the Mayor
or Common Council. The Commission may only create such a
working group upon a majority vote and must establish the working
group for a fixed period of time that may not exceed one year.
A majority of a working group must be composed of Advisors to the
Commission creating the group. The Commission is empowered to
appoint the working group's membership by majority vote and should
strive to appoint individuals with knowledge or expertise in the
subject matter the woriling group will consider.
ii. Renewinq Workinq Groups. At the last regular Commission meeting
before a working group is set to expire, the Commission may, upon
a majority vote, renew the working group for a fixed period of time
not to exceed one year. The Commission should only renew a
working group if it believes the working group has been useful in
addressing the topic or issue before the Commission for which the
working group was established to consider.
iii. Dissolvinq Workinq Groups. lf not renewed , a working group shall
dissolve automatically when the period of time the Commission
prescribed for its existence expires. Additionally, the Commission
may at any time dissolve a working group upon a majority vote.
iv. Reqular Reports bv Workinq Groups. No less than quarterly, or upon
request of the Chairperson, the working group shall present a report
of its activity and findings to the Commission. Such reports should
be presented in person, but, if necessary, the working group may
provide a written report to the Chairperson at least '14 days before
the regularly scheduled meeting. Unless presenting the final findings
or recommendations of the working group, no report shall exceed
three minutes in length, excluding questions from the Commission
and responses thereto, or, if written, two pages.
Atten dance Commissioners must strive to attend every meeting.
Absences. When any Commissioner or Chairperson fails to attend
three regularly scheduled meetings in any calendar year, unless
such absence is for good cause, the post may be deemed vacant for
purposes of nomination and appointment of a successor pursuant to
, City Code S 8-9(C).
Advisory Commission Rules of Procedure Page3of11
the procedure set forth below in "Vacancies caused by Meeting
Absences."3 lf a Commissioner or Chairperson is going to be absent
from a meeting for good cause, he or she must inform the
Chairperson or Commissioners at least 3 days before the meeting,
or as soon as possible under exigent circumstances.
ii. Leaves of Absence. The Ma yor may grant a Commissioner or
Chairperson a leave of absence, upon a showing of good cause, for
up to six months. Commissioners or Chairpersons may be reinstated
prior to expiration of their leave of absence without approval of
Common Council. No leaves of absence will be permitted where
doing so would make the Commission unable to reach a quorum.
iii. Phvsical Attendance. To be considered present for attendance
purposes, Commissioners must be physically present at the meeting
and may not take part via tele-conference or intemet video services.
iv. A!!e-ndercC_.8ruI!. The City staff administrator assigned to the
Commission shall record Commissioner attendance, keep track of
attendance through each calendar year, and provide an annual
report of the Commissioners' attendance to the Chairperson and
Common Council at the end of the year.
f. Commissioner Appointments and Applications Application procedures to
be determined.
g. Vacancies. The following guides the filling of vacancies of Commissioner
and Chairperson positions:
i. Vacancies followinq the Expiration of a Term.a Vacancies on the
Commissions shall be filled in the same manner as the original
appointment. Applications to fill the vacancy of an expiring term that
have been submitted by October 31 of the year in which the term
expires, or on such other date as the Common Council may deem
appropriate, shall be considered for appointment to the subsequent
term.
ii. Vacancies for Reasons oth er than Expiration of a Term.5 ln the event
that a vacancy arises for reasons other than the expiration of the
term, applications to fill the vacancy that have been submitted by
April 30 shall be considered for appointment to the vacancy effective
no later than July 1 and applications that have been submitted by
3 City Code S 4-26.'l (A)
I City Code S 8-4(D).
5 City Code S 8-4(D).
Advisory Commission Rules of Procedure Page 4 of 'l 'l
October 31 shall be considered for appointment to the vacancy
effective no later than January 1 of the following year.
iii. Vacancies caused by Meetinq Absences.6 lf a Commissioner or
Chairperson fails to attend three regularly scheduled meetings in a
calendar year, the City staff administrator assigned to the
Commission shall so inform such Commissioner and the Mayor. The
Mayor shall write the Commissioner requesting either an explanation
of the reasons for the Commissioner's nonattendance or a letter of
resignation. lf the Commissioner does not respond to the Mayor
within 20 days of the Mayor's letter to the Commissioner, with an
adequate explanation for his or her absences and assurances of
ability to attend future meetings on a regular basis, it shall be deemed
that the post is vacant for purposes of nomination and appointrnent
of his or her successor. lf the Mayor finds adequate the
Commissioner's explanation for his or her absences and assurances
of ability to attend future meetings on a regular basis, the
Commissioner may continue to serve.
h. Conflicts of interest. Commissioners and Advisors must abide by the City's
Code of Ethics set forth in Chapter 55 of the City Code. This includes, but
is not limited to, restrictions on the acceptance of gifts, maintenance of
confidentiality, and required conduct, including recusal from a vote, with
respec't to actual and potential conflicts of interest.T
i. Coordination with Common Council . The following guides the relationship
and communication between the Commissions and Common Council to
ensure that the Commissions efficiently and effectively advise the Common
Council:
ii. Communications from Common Council. The Common Council ma vrequest of the Commissions information, analysis,
6 City Code 5 4-26.1(B).
7 City Code SS 55-5 - 55-7
Advisory Commission Rules of Procedure Page5of11
i. Relationship to Common Council. The Commissions were
established to assist the Common Council by advising it on matters
that are within the Commission's areas of concern. The Common
Council relies on the Commissions to expand Common Council's
knowledge base and to conduct analyses and research that
Common Council may not have the time or expertise to pursue.
However, the Common Council is the authorized legislative body of
the City and is under no obligation to accept the Commission's
recommendations. After reviewing a report or recommendation from
a Commission, Council is free to choose to accept, endorse, reject
or modify the report or recommendation.
recommendations, and the gathering of public input. Such requests
shall be made by the Common Council to the City Clerk who will
transmit the request to the Chairperson. lf appropriate, the Council
may indicate a desired date for the response from the Commission.
iii. Presentinq Commission Fi dinos to Common Council . After the
Commission has taken final action on a request from the Common
Council, or other agenda item it wishes to present to Council, the
Commission shall inform the City Clerk as such. The item shall, in
the Common Council's discretion, be placed on an upcoming agenda
of the Common Council or a standing committee thereof.
The Commission's findings should be provided as a complete,
concise, and accurate report to the Common Council that is
comprehensible to a person lacking significant expertise in the
Commission's areas of concern. lf the report contains a
recommendation, it should be clearly stated and include the facts on
which such recommendation is based, and significant points of
disagreement or the minority recommendation, if any. Such reports
may also include a summary of relevant discussion, public input,
research, data points, and viewpoints of other organizations or
persons consulted.
Coordination ith Citv Staff. Commissions re quiring information or
assistance from City Staff may fansmit such requests to the appropriate
member, or members, of City Staff. lf the request represents a signiflcant
expenditure of City Staff time or resources, the relevant City Staff or their
Department Head may seek guidance from the Mayor as to staffing
priorities before proceeding (or, if the Mayor so instructs, declining to
proceed) to respond to the request.
An individual Commissioner or Chairperson is not granted authority over the
work of a City Staff member and should never attempt to influence the
conduct of City Staff.
k. Communication with the Press and Public. The Commissions shall issue no
statement or press release on behalf of the City. The Commissions may
issue their own statement or release after majority vote of the Commission
authorizing the same, provided that such statement is explicitly identified as
issued on behalf of the Commission and is provided to the Mayor and
Common Council at least twenty-four hours in advance of its release..
L Social Media. Commissioners and Chai rpersons may not post on social
media on behalf of the Commission or othenarise use their title or City
imagery or stationery to create the appearance that the City endorses or
approves of their personal social media posts.
Advisory Commission Rules of Procedure Page6of11
m. Diversitv, Accessibility, lnclusion, and SustainabiliV. To be detennined.
ll. Meeting Rules and Procedures
a. Reqular Meetrnqs. Each Commission shall hold a re gular meeting once
each month.s The days, times, and locations for each Commission's regular
meeting are as follows:
i. Public Safety and lnformation Commission: X:XX p.m., on the x
_day ot the month, at /ocafibn.
ii. Community Life Commission: X:XX p.m., on the x _day of the
month, at location.
iii. Mobility, Accessibility, and Transportation Commission: X:XX p-m.,
on the x _day of the month, al location.
iv. Parks, Recreation, and Natural Resources Commission: X:XX p-m.,
on the x _day of the month, at location.
b. Special Meetinqs Any meeting not on the regular meeting schedule is a
special meeting. The Chairperson, or at least three Commissioners, may
call special meetings as required to conduct the business of the
Commission.e Special meetings must follow the same agenda procedures
as regular meetings set forth herein. The Commission may only act upon
items appearing on the special meeting agenda.
c. Joint Meetinqs. Two or more Commissions ma y hold a joint meeting to
consider a significant topic or issue that pertains to the subject matter areas
considered by such multiple Commissions. All participating Commissions
must approve the holding of a joint meeting by a majority vote. The
Chairpersons of all participating Commissions shall jointly prepare the
agenda for the meeting under the same procedures as regular meetings set
forth herein. The votes of each participating Commission shall be counted
separately. Minutes of joint meetings shall be adopted at the next regular
meeting of each participating Commission.
d. Alternate Locations for Meetinqs. The followin g locations are approved for
regular or special meetings of the Commissions and, when used, shall be
conspicuously noted as such in the meeting agenda:
i. Location 1
8 City Code S 8-5
'g City Code S 8-5
Advisory Commission Rules of Procedure Page 7 of 'l 1
ii. Location 2.
iii. Location 3.
e. Lenqth of Meetinqs. The Commission shall make all efforts to conduct its
meetings in two hours or less. Meetings may only exceed three hours upon
a majority vote of the Commission.
f. Aoenda. All meetings of the Commissions shall have an agenda which shall
be available to the public before the meeting.l0
i. Aoenda Preoara tion and Postino. The agenda shall be compiled by
the Chairperson and shall include items requested by Common
Council and items appearing on the Commission's workplan.
Commissioners may introduce additional items to the agenda so long
as they are consistent with the Commission's charge and presented
to the Chairperson at least ten days before the meeting.
The Chairperson must provide the agenda to the City Clerk seven
days before the meeting. The City Clerk shall post the agenda on the
City's website at least 72 hours before the meeting.
ii. Recordinq of Aqenda. The agenda shall be recorded in the City
Clerk's office
g. Minutes. The City staff administrator for each Commission shall keep an
accurate record of their proceedings, actions, votes, and resolutions,
thereby constituting the minutes of each meeting.ll Such minutes are
presented to the Commission by the Chairperson for approval at its next
regular meeting and any errors or omissions contained therein may be
corrected by motion as required to conform to fact. Approved minutes shall
be recorded in the City Clerk's office.
h. Order of Businets. The order of business for each regular meeting shall be
as follows
i. Aqenda Amendments. An item may be removed from the agenda
with the approval of the Chairperson and at least two
Commissioners. An item not on the published agenda may be added
to the agenda, but, if any one Commissioner objects, the item shall
not be considered.
ii. Public Comment. lndividuals who are not members of the
Commission shall be afforded the privilege of the floor and permitted
ro City Code S 8-6.
11 City code S 8-8.
Advisory Commission Rules of Procedure Page 8 of '1 '1
to speak for no more than three minutes regarding matters within the
scope of the Commission. Such speakers may pose questions to the
Commission and the Commission may respond briefly, with such
responses not accounting for the speaker's three minutes of privilege
of the floor.
Advisory Commission Rules of Procedure Page 9 of 'l 1
During special meetings, all public comment shall be confined to the
subject matter considered during the special meeting, which shall be
noted as such on the agenda.
iii. Aqenda ltems. A Commissioner wishing to propose discussion or
action on a particular item on the agenda shall ask to be recognized
by the Chairperson and then move accordingly. After another
Commissioner "seconds" the motion, the Chair calls for discussion,
and, thereafter, calls for a vote, if necessary.
Following the Commission's discussion of a voting item, but before
such a vote, the Commission shall provide members of the public an
additional opportunity for public comment specific to the agenda item
pending a vote. Each speaker is once again permitted to speak for
no more than three minutes, and for no more than nine minutes
cumulatively in any given meeting. The Commission may thereafter
further discuss the agenda item before a vote.
For non-votino aoenda items. the public may provide the City staff
administrator with written questions or notes regarding the agenda
item. The Commission may respond to such written questions or
notes in the course of or following its discussion of the agenda item.
iv. Reports ftom Workino Groups. The Commission shall receive above-
described reports from all working groups in existence at the time of
the meeting.
v. Approval of Minutes. The Chairperson shall present the minutes from
the previous meeting. Absent any correction, the minutes shall stand
as approved without formal motion.
vi. Adioumment. Upon completion of the above-listed orderof business,
the Chairperson shall hear a motion to adjourn the meeting.
i. Order and Decorum. The following rules govern order and decorum of all
speakers and attendees at meetings of the Commissions.
i. All Persons. No person shall speak without being first recognized by
the Chairperson as having the privilege of the floor.
All speakers and persons in attendance shall treat the Commission,
and all other persons, with respect and shall refrain from shouting,
using foul language, throwing anything, booing or hissing, entering
or remaining in an area of the meeting that is not open to the public,
approaching the Commission without permission, or othenvise
engaging in any form of disruptive or disrespectful behavior.
ii. Chairperson. The Chai rperson shall strive to preserve the rules of
order and decorum set forth herein and shall decide questions or
order and decorum that may arise during a meeting.
iii. Commissioner. Commissioners should not interru pt the proceedings
or any speaker having the privilege of the floor.
iv. Members of the Public. An y person who desires to speak during the
public comment portion of a meeting shall fill out a card stating his or
her name, municipality of residence, and the topic on which they will
speak or inquire. Upon speaking during public comment or any other
portion of a meeting, each person shall state their name, the
municipality in which they reside, and the name of the group, if any,
they represent. Such members of the public may also provide the
Commission copies of relevant written materials they wish to be
considered for distribution to the Commission.
Members of the public who do not follow these rules of order and
decorum may be asked by the Chairyerson to take a seat, cease the
disruptive conduct, and, if appropriate, leave the meeting. lf a
member of the public creates a significant disruption to the conduct
of the meeting or acts in a threatening manner toward another
member of the public, City Staff, or Commissioners, law enforcement
personnel may be called to remove the individual from the premises.
Executive Session. On ly on rare occasions, if ever, the Commission may
enter executive session, during which discussion is not open to the public
and no vote or other action is taken. The Commission may only enter
executive session upon a majority vote for the sole purpose of considering
appropriate topics for executive session, as set forth in City Code $ 78-6
and New York State Open Meetings Law $ 105. The particulars of executive
sessions are confldential and may not be discussed publicly.
k. Votinq. The Commission may not vote without the presence of a quorum,
which is five voting members.12 A simple majority of the full membership of
the Commission is required for a motion to pass.
1'? City Code 5 8-7
Advisory Commission Rules of Procedure Page 10 of 1 1
Voting items shall include approval of minutes, advisor appointments,
working group creation and renewal, the Commission workplan, and
recommendations and reports to Common Council.
l. Robert's Rules of Order. Robert's Rules of Order is a set of rules of
parliamentary procedure relied upon by boards, organizations, and
committees for their meeting and voting procedures. The Commissions are
not expected to adhere to all requirements of Robert's Rules, but the core
fundamentals of Robert's Rules guide these rules and Commissioners
should strive to adhere to these principles during their meetings. Such
fundamentals include.
i. A person may only speak when recognized by the Chairperson as
having privilege of the floor.
ii. A motion to consider an agenda item must be made and seconded
by Commissioners before discussion of that item begins.
iii. Following sufficient discussion of an agenda item, it may, by way of
a new motion, be amended, tabled (held over to the next meeting),
adopted, or rejected.
Page 11 of 11Advisory Commission Rules of Procedure