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HomeMy WebLinkAboutRules of Order, Town Board, Res187-2022      Rules of Order of the Town Board of the Town of Danby  Resolution 187 of 2022  Amending Section 6. Public Participation of the Rules of Order of the Town Board of the Town of Danby     Moved By:  Woodworth  Seconded By: Connors  Resolved, that section 6. Public Participation of the Rules of Order now reads: 6.PUBLIC PARTICIPATION   6.1.General   Each regular meeting agenda shall provide for reserved time called “privilege of  the floor” for public participation. 6.2.Length of Privilege of the Floor   Any person who addresses the Board during a meeting or public hearing shall be limited to three minutes in length per individual presentation. The Supervisor or the Supervisor’s designee will maintain the official time and notify the speakers when their time is up. Speaking time may not be donated to another person. If a member of the public cannot fit their comments into the three minute  presentation, they may email their additional comments to the Town Board. 6.3.Written Privilege of the Floor Any person may opt to submit their privilege of the floor comment to the Board in writing rather than in person. Comments submitted in writing will be read aloud by the Town Clerk or their designee. This rule is intended to allow public participation by members of the public when attendance at the meeting is not possible. The following rules will be used to ensure equal treatment between written and spoken comments made on the floor.  6.3.1. Written privilege of the floor submittals must be 400 words or less.   6.3.2.If submitted by email it must be specif ically indicatied that the comment is intended for privilege of the floor. Email submissions are to be emailed to   Mary Ann Barr 2021   T he Town of Danby, New York  1830 Danby Road, Ithaca, NY 14850  https://danby.ny.gov Town Board Joel Gagnon, Supervisor  +1-607-277-4788 | townboard@danby.ny.gov Town of Danby, NY Rules of Order of the Town Board  the Town Clerk.  6.3.3.If multiple comments are submitted, only the most recent submittal will be read aloud at the meeting.  6.3.4.If a person chooses to speak in-person during the privilege of the floor of the same meeting where they also submitted a written comment, they will not have their written comment read aloud.  6.4.Addressing the Board   When a member of the public addresses the Board they will be requested to state their name and municipality of residence or home address. Remarks should be  addressed to the Chair or the Board as a whole in a courteous tone. 6.5.Additional Participation   A member of the public may request to add an item to the agenda by written request to the Supervisor prior to the meeting. They may also request to speak during an agenda item  already on the agenda by similar request to the Supervisor in writing prior to the meeting.    Vote:  Councilperson  Aye  Nay  Abstain  Connors        Holahan        Schnabel        Ulinski        Gagnon        Resolution XX approved 6 September 2022   Resolution 134 of 2022  To Amend the Town Board Rules of Order to Enact a Two Hour Stop to Town Page 2 of 15  Town of Danby, NY Rules of Order of the Town Board  Board Meetings With Option to Extend     Moved By: Schnabel  Seconded By:onnors C Whereas, the Town Board agrees that the Board should attempt to conduct its business within  a reasonable time frame, Be It Resolved, that "Section 2.1."2.1 will now read as follows: Regular meetings of the Town Board will occur at least monthly. Specif ic dates and times for regular monthly meetings will be voted upon by resolution at the annual organizational meeting. Board meetings shall conclude  after two hours, subject to extension by the Board.  Vote:  Councilperson  Aye  Nay  Abstain  Connors  X      Hunter  X      Schnabel  X     oodworth W  X      Gagnon    X    Resolution 134 approved 7 June 2022           Resolution 46 of 2021  Amending [Resolution 61 of 2020 Rules of Order] Sections 3.2 and 3.4 Regarding Page 3 of 15  Town of Danby, NY Rules of Order of the Town Board  Agenda Preparation & Distribution    Moved By: Gagnon  Seconded By: Holahan  Resolved, that the order of business described in Item 3.2 of the Town of Danby Rules and Procedure shall read as amended in the below text;    Further resolved, that Agenda Distribution, Item 3.4 of the Town of Danby Rules and Procedure, shall read as amended in the below text.    Vote:  Councilperson Aye Nay Abstain  Connors X      Holahan X      Schnabel X      Ulinski X      Gagnon X      Resolution 46 approved 17 February 2021              Resolution 61 of 2020   Adopting the Rules of Order of the Town Board of the Town 0f Danby  Page 4 of 15  Town of Danby, NY Rules of Order of the Town Board    Moved By: Schnabel  Seconded By: Holahan  Whereas, Town Law, §63 provides that the Town Board may determine the rules of its  procedure;    Now, Therefore be it Resolved that the following Rules of Order be and the same are hereby adopted pursuant to  Town Law, §63:   Vote:  Councilperson Aye Nay Abstain  Connors X      Holahan X      Schnabel X      Ulinski X      Gagnon X      Resolution 60 approved 17 June 2020      Page 5 of 15  Town of Danby, NY Rules of Order of the Town Board    TABLE OF CONTENTS  1.GENERAL 9  1.1.Application of Rules 9  1.2.Compliance 9  2.REGULAR AND SPECIAL MEETINGS 9  2.1.Regular Meetings 9  2.2.Special Meetings 9  2.3.Public Hearings 9  2.4.Posting Requirements 9  2.4.1.Regular Meetings 9  2.4.2.Special Meetings 10  2.4.3.Public Hearings: 10  2.5.Minutes of Regular and Special Meetings 10  2.5.1.Minutes Recorder 10  2.5.2.Minutes Composition 10  2.5.3.Minutes Distribution 10  2.5.4.Additional Request for Minutes Composition 10  2.6.Virtual Access and Attendance 10  3.CONDUCT OF MEETINGS 10  3.1.Meetings to be Public 10  3.2.Agenda Preparation 11  3.2.1.Call to Order 11  3.2.2.Public Hearings 11  3.2.3.Additions/Deletions to the Agenda 11  3.2.4.Privilege of the Floor 11  Page 6 of 15  Town of Danby, NY Rules of Order of the Town Board  3.2.5.Correspondence 11  3.2.6.Presentations 11  3.2.7.Interviews 11  3.2.8.Reports 11  3.2.9.Approval of Consent Agenda 11  3.2.10.Business 11  3.2.11.Discussion of Next Meeting Agenda 11  3.2.12.Adjournment 11  3.3.Consent Agenda 11  3.4.Agenda Creation and Distribution 11  3.5.Quorum 12  3.6.Order and Decorum 12  4.EXECUTIVE SESSION 12  4.1.Calling an Executive Session 12  4.2.Minutes of Executive Session 12  5.DISCUSSION AND VOTING 12  5.1.Rules of Parliamentary Procedure 12  5.1.1.Quorum. 12  5.1.2.Main Motion. 12  5.1.3.Discussion. 12  5.1.4.Table. 13  5.1.5.Amendments. 13  5.1.6.Second. 13  5.1.7.Point of Order. 13  5.1.8.Appeal a Decision. 13  5.1.9.Recess. 13  5.1.10.Adjournment. 13  Page 7 of 15  Town of Danby, NY Rules of Order of the Town Board  5.2.Resolutions, Ordinances, and Laws 13  5.2.1.Singular Issues/Topic/Subjects 13  5.2.2.Numbering 14  5.2.3.Recording Motions 14  5.3.Roll Call 14  5.4.Results of Voting 14  6.PUBLIC PARTICIPATION 14  6.1.General 14  6.2.Length of Privilege of the Floor 14  6.3.Addressing the Board 15  6.4.Additional Participation 15  7.MISCELLANEOUS 15  7.1.Adoption and Amendment of Rules of Order 15  7.2.Suspension of the Rules 15      Page 8 of 15  Town of Danby, NY Rules of Order of the Town Board  1.GENERAL   1.1.Application of Rules  This policy setting forth rules of order shall apply to the Town Board of the Town of Danby, which is referred to below as “the Board.” These rules shall apply to all regular, special, and emergency meetings of the Board.   1.2.Compliance   All meetings of the Board will be held in compliance with state statutes, including the Open Meetings Law (Pub. Off. Law § 103 et. seq.), and with these rules.   2.REGULAR AND SPECIAL MEETINGS  2.1.Regular Meetings  Regular meetings of the Town Board will occur at least monthly. Specific dates and times for regular monthly meetings will be voted upon by resolution at the annual organizational meeting. Board meetings shall conclude after two hours, subject to extension by the Board. [revised 21 Sep 2022] Regular meetings of the Town Board will meet at least monthly. Specific dates and times for regular monthly meetings will be voted upon by resolution at the annual organizational meeting. Board meetings shall conclude no later than 10 p.m., subject to extension by the Board.   2.2.Special Meetings   Special meetings may be called by action of the Town Board but shall also be called by the clerk upon the written request of the supervisor or any two members of the Board on at least 48 hours’ written notice to each member of the Board served personally or by email with confirmed receipt. Special meeting notices shall state the purpose of the meeting. No official action shall be transacted at any special meeting of the Board unless the item has been stated in the notice of such meeting.   2.3.Public Hearings   All public hearings will be held during a regular or special meeting of the Board (Mun. Home Rule L. §20(5); Town L. §130).   2.4.Posting Requirements   The notice must include reference to the date, time, and location of the meeting (Pub. Off. L. §104(1),(2)).  2.4.1.Regular Meetings  Meetings scheduled a week or more in advance must be preceded by posted notice given to the public, and by direct notification given to the Page 9 of 15  Town of Danby, NY Rules of Order of the Town Board  news media, not less than 72 hours prior to the meeting (Pub. Off. L. §104(1)).  2.4.2.Special Meetings  Meetings scheduled less than a week in advance must be preceded by the same forms of notice given “to the extent practicable” at a reasonable time prior to the meeting (Pub. Off. L. §104(2)).   2.4.3.Public Hearings:  A five-day newspaper notice period is required for all public hearings (Mun. Home Rule L. §20(5)).   2.5.Minutes of Regular and Special Meetings  2.5.1.Minutes Recorder  Minutes of all meetings of the Board shall be taken by the Town Clerk in accordance with New York State Town Law and the New York State Public Officers Law.  2.5.2.Minutes Composition  Minutes shall consist of a record or summary of all motions, proposals, resolutions, and any other matters formally voted upon and shall include the vote thereon (Pub. Off. L. §106(2)).  2.5.3.Minutes Distribution  Minutes shall be available to the public within two weeks from the date of such meeting except that minutes taken during executive sessions shall be available to the public within one week from the date of the executive session (Pub. Off. L. §106(3)).   2.5.4.Additional Request for Minutes Composition  In addition to the minimum requirements for minutes, it is requested that the Town Clerk also include a brief summary of the points made and topics discussed during the meeting with particular attention paid to comments from the public during privilege of the floor and discussions preceding any votes taken.   2.6.Virtual Access and Attendance  The Town Board will make every effort to provide the public with virtual access to all meetings and hearings.   3.CONDUCT OF MEETINGS  3.1.Meetings to be Public  Page 10 of 15  Town of Danby, NY Rules of Order of the Town Board  All meetings except for executive sessions of the Board shall be open to the public, and citizens shall have a reasonable opportunity to be heard in accordance with such rules and regulations as defined herein.   3.2.Agenda Preparation   An agenda for each regular meeting shall be prepared by the Supervisor with the following order of business:  3.2.1.Call to Order  3.2.2.Public Hearings  3.2.3.Additions/Deletions to the Agenda  3.2.4.Privilege of the Floor  3.2.5.Correspondence  3.2.6.Presentations  3.2.7.Interviews  3.2.8.Reports  3.2.9.Approval of Consent Agenda   3.2.10.Business   3.2.11.Discussion of Next Meeting Agenda   3.2.12.Adjournment  3.3.Consent Agenda  A consent agenda may be used to allow the Board to act on numerous administrative or noncontroversial items at one time. Included on this agenda can be noncontroversial matters such as approval of minutes, payment of bills, approval of recognition resolutions, etc. Upon request by any member of the Board, an item shall be removed from the consent agenda and placed on the regular agenda for discussion. All materials to be included in the consent agenda must be received by the Board before the meeting.   3.4.Agenda Creation and Distribution  The Town Super visor shall prepare all Town Board meeting agendas. The final agenda shall be created and ready for distribution no later than one week prior to all Town Board meetings. An email notice by the Town Supervisor will be sent to all Town Board Members when meeting materials are ready for Board review. The Town Clerk shall use best efforts to post a complete agenda to the public no later than two business days [revised 21 Sep 2022] 48 hours (weekends included) prior to the meeting; aside from warrants which will be posted at least 24 hours prior. Posting shall be deemed sufficient if placed on the Official Sign Board outside the Town Clerk’s office and on the Town’s official website. The posting on the website Page 11 of 15  Town of Danby, NY Rules of Order of the Town Board  shall include all associated material, including but not limited to local laws, ordinances, resolutions, etc.   3.5.Quorum  A majority of the entire elected or appointed and sworn members of the Board shall constitute a quorum for the transaction of business at all meetings. In the absence of a quorum, a lesser number may adjourn any meeting to a later time or date with appropriate public notice.   3.6.Order and Decorum  Order and decorum shall be observed by all persons present at the meeting. Neither members of the body nor the members of the public shall delay or interrupt the proceedings or the peace of the meeting or interrupt or disturb any member while speaking. Members of the body and members of the public are prohibited from making personal, impertinent, threatening, or profane remarks.   4.EXECUTIVE SESSION  4.1.Calling an Executive Session   At a regular or special meeting, the members of the Board by a majority vote may call an executive session under the conditions outlined in the Open Meetings Law Section 105. The vote taken is pursuant to a motion identifying the general area or areas of the subject or subjects to be considered.   4.2.Minutes of Executive Session   Minutes shall be taken at executive sessions of any action that is taken by formal vote, which shall consist of a record or summar y of the final determination of such action and the date and vote thereon; provided, however, that such summary need not include any matter which is not required to be made public by the Freedom of Information Law (Pub. Off. L. §106(2).   5.DISCUSSION AND VOTING  5.1.Rules of Parliamentary Procedure   5.1.1.Quorum.   A quorum of members of the Board must be present to conduct official town business.   5.1.2.Main Motion.   Any member of the Board may make a main motion during the appropriate agenda item.   5.1.3.Discussion.   Page 12 of 15  Town of Danby, NY Rules of Order of the Town Board  A motion on the floor is preferred but not necessary for discussion of items on the Agenda to occur once all previous items on the agenda have been discussed and addressed.   5.1.4.Table.   Any member of the Board may move to table a motion at any point. A majority vote or consensus is required to table a motion.   5.1.5.Amendments.   Any member of the Board may move to amend a motion that is on the floor. If multiple amendments are being considered for the motion on the floor, each amendment should be voted on separately unless there is a clear consensus.   5.1.6.Second.   All motions require a second before being brought to a vote.   5.1.7.Point of Order.   Any member of the Board may call a point of order to object to procedure of personal affront. The Supervisor is responsible for making decisions upon a point of order as the Chair of the Board.   5.1.8.Appeal a Decision.   Any member of the Board may move to appeal a decision of the Chair. A second and a majority vote are required to overturn the Chair’s decision.   5.1.9.Recess.   Any member of the Board may move that the Board recess until a specified time at any point during the meeting. A second and a majority vote is needed to enter a recess.   5.1.10.Adjournment.   Any member of the Board may move to adjourn at any point during the meeting. If there is no objection, the meeting may be adjourned. If there is objection, a majority vote is required to adjourn the meeting.   5.2.Resolutions, Ordinances, and Laws  5.2.1.Singular Issues/Topic/Subjects  No resolution, ordinance, or law except an appropriation resolution or ordinance, a resolution or ordinance adopting or embodying an administrative or governmental code or an ordinance adopting a code of ordinances, shall relate to more than one subject, and that subject shall Page 13 of 15  Town of Danby, NY Rules of Order of the Town Board  be clearly stated in its title.   5.2.2.Numbering  All resolutions will be numbered sequentially restarting to the number one each calendar year.   5.2.3.Recording Motions  All motions with the exception of motions to approve the regular agenda, table, recess, adjourn, enter executive session, or appeal a decision will be recorded and entered into the record of the minutes as resolutions upon a vote of the Board or request of the original mover.   5.3.Roll Call   In all roll call votes, the names of the members of the Board shall be called in alphabetical order with the Supervisor voting last.   5.4.Results of Voting   In all cases where a vote is taken, the result will be written into the record of the minutes.   6.PUBLIC PARTICIPATION   6.1.General   Each regular meeting agenda shall provide for reserved time called “privilege of the floor” for public participation.   6.2.Length of Privilege of the Floor   Any person who addresses the Board during a meeting or public hearing shall be limited to three minutes in length per individual presentation. The Supervisor or the Supervisor’s designee will maintain the official time and notify the speakers when their time is up. Speaking time may not be donated to another person. If a member of the public cannot fit their comments into the three minute presentation, they may email their additional comments to the Town Board [deleted 21 Sept 2022[submit additional comments for the record in writing to the Town Clerk.   6.3.[added 21 Sept 2022]Written Privilege of the Floor  Any person may opt to submit their privilege of the floor comment to the Board in writing rather than in person. Comments submitted in writing will be read aloud by the Town Clerk or their designee. This rule is intended to allow public participation by members of the public when attendance at the meeting is not possible. The following rules will be used to ensure equal treatment between Page 14 of 15  Town of Danby, NY Rules of Order of the Town Board  written and spoken comments made on the floor.    6.3.1.Written privilege of the floor submittals must be 400 words or less.   6.3.2.If submitted by email it must be specifically indicatied that the comment is intended for privilege of the floor. Email submissions are to be emailed to the Town Clerk.  6.3.3.If multiple comments are submitted, only the most recent submittal will be read aloud at the meeting.  6.3.4.If a person chooses to speak in-person during the privilege of the floor of the same meeting where they also submitted a written comment, they will not have their written comment read aloud.  6.4.Addressing the Board   When a member of the public addresses the Board they will be requested to state their name and municipality of residence or home address. Remarks should be addressed to the Chair or the Board as a whole in a courteous tone.   6.5.Additional Participation   A member of the public may request to add an item to the agenda by written request to the Super visor prior to the meeting. They may also request to speak during an agenda item already on the agenda by similar request to the Super visor in writing prior to the meeting.   7.MISCELLANEOUS  7.1.Adoption and Amendment of Rules of Order   These rules of order of the Board will be placed on the agenda of the first meeting of every calendar year for re-adoption. A copy of the rules adopted shall be distributed to each Board member. The Board may alter or amend its rules at any time by a vote of a majority of its members after notice has been given of the proposed alteration or amendment.   7.2.Suspension of the Rules   The rules of the Board may be suspended for a specified portion of a meeting by an affirmative vote of a majority of the members present.       Page 15 of 15