HomeMy WebLinkAboutTown Board Protocol and Procedures TOWN OF IT ACA
BOARD PROTOCOL AND
PROCEDURES MANUAL
18 21
IV yo
Adopted: March 13, 2006
Resolution 2006-072
Revised: January 12,2009,February 8,2010,November 19,2012,March 13,2013,January 11,2016,January 24,
2022
TABLE OF CONTENTS
OATHOF OFFICE.....................................................................................................................................................4
FOREWORD ......................................................................................................................................................5
CHAPTER 1. INTRODUCTION AND OVERVIEW.....................................................................................6
1.01 PURPOSE OF BOARD PROTOCOL AND PROCEDURES MANUAL......................................................6
1.02 OVERVIEW OF TOWN OF ITHACA GOVERNMENT...........................................................................6
1.03 OVERVIEW OF BASIC TOWN DOCUMENTS......................................................................................6
1.04 ORIENTATION OF NEW BOARD MEMBERS......................................................................................9
CHAPTER 2. TOWN BOARD: GENERAL POWERS AND RESPONSIBILITIES...............................10
2.01 TOWN BOARD GENERALLY............................................................................................................10
2.02 ROLE OF TOWN BOARD MEMBERS................................................................................................10
2.03 ROLE OF TOWN SUPERVISOR.........................................................................................................11
2.04 ABSENCE OF TOWN SUPERVISOR AND BOARD MEMBERS...........................................................12
2.05 APPOINTMENT OF TOWN OFFICIALS.............................................................................................12
2.06 APPOINTMENT OF DEPARTMENT HEADS AND STAFF...................................................................13
2.07 APPOINTMENT OF BOARDS AND COMMITTEES.............................................................................13
2.08 INCOMPATIBILITY OF OFFICES......................................................................................................18
2.09 FILLING ELECTED VACANCIES......................................................................................................18
CHAPTER 3. INTERACTION WITH TOWN STAFF/OFFICIALS..........................................................19
3.01 ADMINISTRATION OF THE TOWN...................................................................................................19
3.02 TOWN BOARD RELATIONSHIP TO ADMINISTRATION...................................................................19
3.03 TOWN BOARD/TOWN SUPERVISOR RELATIONSHIP......................................................................19
3.04 TOWN BOARD/TOWN STAFF RELATIONSHIP................................................................................20
3.05 TOWN BOARD/APPOINTED BOARD RELATIONSHIP.....................................................................20
3.06 TOWN BOARD/ATTORNEY RELATIONSHIP...................................................................................20
3.07 INFORMATION FLOW......................................................................................................................21
3.08 STAFF RELATIONSHIP TO BOARDS,TOWN BOARD COMMITTEES,AND CITIZEN COMMITTEES21
3.09 RESTRICTIONS ON POLITICAL INVOLVEMENT BY STAFF............................................................22
CHAPTER 4. TOWN BOARD MEETINGS..................................................................................................23
4.01 MEETING SCHEDULE......................................................................................................................23
4.02 PUBLIC NOTICE OF MEETINGS AND HEARINGS............................................................................23
4.03 SPECIAL MEETINGS........................................................................................................................24
4.04 ORGANIZATIONAL MEETING.........................................................................................................24
4.05 SITE VISITS......................................................................................................................................24
4.06 POLITICAL CAUCUSES....................................................................................................................24
4.07 DEVELOPMENT OF THE AGENDA...................................................................................................25
4.08 RECORDING OF MEETINGS AND RETENTION OF INFORMATION.................................................25
4.09 ORDER OF BUSINESS.......................................................................................................................26
4.10 GENERAL PROCEDURES .................................................................................................................29
4.11 OPEN MEETINGS LAW....................................................................................................................29
4.12 EMERGENCY EVACUATION PLAN..................................................................................................30
CHAPTER 5. RULES OF ORDER.................................................................................................................31
5.01 BASIC STEPS TO CONDUCTING BUSINESS......................................................................................31
5.02 MEETING DECORUM AND ORDER..................................................................................................31
5.03 ORDER OF DISCUSSION...................................................................................................................32
5.04 OBTAINING THE FLOOR..................................................................................................................32
5.05 QUESTIONS TO AND COMMENTS FROM STAFF..............................................................................32
5.06 MAKING A MOTION........................................................................................................................32
5.07 SECONDING A MOTION...................................................................................................................33
5.08 MODIFY MOTION BY MAKER.........................................................................................................33
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5.09 STATING THE MOTION....................................................................................................................33
5.10 AMENDMENT TO THE MAIN MOTION............................................................................................33
5.11 POSTPONEMENT OF BUSINESS........................................................................................................33
5.12 TABLING A MOTION........................................................................................................................34
5.13 VOTING PROCEDURES....................................................................................................................34
5.14 OTHER PROTOCOL..........................................................................................................................34
5.15 QUESTIONS REGARDING RULE OF ORDER....................................................................................35
5.16 ADHERENCE TO RULES OF ORDER................................................................................................35
5.17 SUSPENSION OF RULES...................................................................................................................35
CHAPTER 6. BOARD CORRESPONDENCES............................................................................................36
6.01 CORRESPONDENCE FROM BOARD MEMBERS...............................................................................36
6.02 FREEDOM OF INFORMATION LAW.................................................................................................36
CHAPTER 7. CONFLICTS OF INTEREST-CODE OF ETHICS,LIABILITY OF ELECTED
OFFICIALS,WORKPLACE EXPECTATIONS...................................................................................................38
7.01 CONFLICTS OF INTEREST-ETHICAL CONSIDERATIONS..............................................................38
7.02 ETHICS DISCLOSURE STATEMENTS...............................................................................................38
7.03 LIABILITY........................................................................................................................................38
7.04 WORKPLACE EXPECTATIONS FOR OFFICIALS..............................................................................38
CHAPTER 8. BOARD COMPENSATION,BENEFITS AND SUPPORT.................................................40
8.01 BOARD COMPENSATION.................................................................................................................40
8.02 HEALTH AND DENTAL INSURANCE................................................................................................40
8.03 BOARD EXPENSES ...........................................................................................................................40
8.04 OFFICE EQUIPMENT........................................................................................................................40
8.05 MAIL AND DELIVERIES...................................................................................................................41
8.06 MEETING ROOMS............................................................................................................................41
8.07 PARKING AT TOWN HALL..............................................................................................................41
CHAPTER 9. ADDITIONAL TRAINING AND RESOURCE MATERIALS...........................................42
9.01 THE ASSOCIATION OF TOWNS OF THE STATE OF NEW YORK.....................................................42
9.02 NEW YORK STATE OFFICE OF THE COMPTROLLER.....................................................................42
9.03 NEW YORK STATE TOWN CLERKS ASSOCIATION........................................................................42
9.04 NEW YORK STATE DEPARTMENT OF STATE-DIVISION OF LOCAL GOVERNMENT..................42
9.05 NEW YORK STATE DEPARTMENT OF STATE-COMMITTEE ON OPEN GOVERNMENT...............42
9.06 NEW YORK STATE UNIFIED COURT SYSTEM ..............................................................................43
9.07 NEW YORK STATE PLANNING FEDERATION.................................................................................43
9.08 CORNELL LOCAL ROADS PROGRAM.............................................................................................43
9.09 OTHER REFERENCE MATERIALS ON FILE....................................................................................43
APPENDIX ....................................................................................................................................................44
TOWN BUDGET CALENDAR APPENDIX#1..........................................................45
TOWN CLERK APPENDIX#2 47
TOWN HIGHWAY SUPERINTENDENT/DIRECTOR OF PUBLIC WORKS APPENDIX#3.................48
STANDARDS OF CONDUCT APPENDIX#4...........................................................50
RULES OF ORDER AT A GLANCE APPENDIX#5...........................................................51
BOARDS/COMMITTEES APPENDIX#6............................................................52
CHAPTER 32,ETHICS,CODE OF APPENDIX#7............................................................53
GLOSSARYOF TERMS..........................................................................................................................................58
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TOWN OF ITHACA
OATH OF OFFICE
STATE OF NEW YORK )
) ss
COUNTY OF TOMPKINS )
I do solemnly swear (or affirm) that I will support the constitution of
the United States, and the constitution of the State of New York, and
that I will faithfully discharge the duties of the office of Town Board
Member of the Town of Ithaca, according to the best of my ability.
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Foreword
There are myriad issues with which public officials become involved. This protocol and
procedures manual imparts useful information on common issues related to local government and
the role of members of the Town of Ithaca Town Board, Planning Board or Zoning Board of
Appeals.
The protocols included in this reference document have been formally adopted by the
Town Board, Resolution Number 2006-072. Provisions contained herein will be reviewed as
needed, or at least every two years following the biannual elections by the Town Board according
to the procedures stated in Section 4.1.0.17. Revisions adopted by the Board will be incorporated
into the Manual by the Human Resources Manager.
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Chapter 1. Introduction and Overview
As a Town Board Member, you are a member of a public corporation having an annual
budget of several million dollars which establishes important and often critical policies for the
community. Town board members must remember they are elected as representative for the good
of the whole town.
1.01 Purpose of Board Protocol and Procedures Manual
The Town of Ithaca has prepared this manual to assist the Town Board by documenting
accepted practices and clarifying expectations. Protocols and procedures are established to clearly
articulate the expectations and practices to guide town officials and staff in their actions. The
administration of Town affairs is greatly enhanced by the agreement of the Board and staff to be
bound by these practices
1.02 Overview of Town of Ithaca Government
The Town of Ithaca is a town of the first class, town with a population of ten thousand or
more, which allows the Town to have seven (7) Town Board Members, one of which is the Town
Supervisor, a town clerk, two (2) town justices, a town superintendent of highways, a receiver of
taxes and other such employees as deemed necessary.
As described in the N.Y.S Town Law certain responsibilities are vested in these positions.
The town supervisor, town board members, and town justices are elected officials, with all other
positions in the Town are appointed.
The Town Board's role is that of the Town's executive, administrative and legislative
policy-making body that determines not only the local laws and ordinances that regulate
community life, but also determines public policy. In the Town of Ithaca, the Town Board has
customarily delegated some powers and duties of administration and supervision of day-to-day
activities to the Town Supervisor.
The Planning Board and Zoning Board of Appeals are independent boards responsible for
review and determinations on certain planning and building projects in the Town.
The Planning Boards is comprised of eight (8) members; seven (7) regular and one
alternate, which are appointed by the Town Board to serve a seven (7) year terms. The Planning
Board is authorized to review and consider subdivisions, site plans, special permits and provide
recommendations to other boards where appropriate and detailed in the Town Code and NYS law.
The Zoning Board of Appeals (ZBA) is comprised of seven (7) members; five (5) regular
and two (2) alternates, which are appointed by the Town Board to serve a five (5) year term. The
ZBA is a quasi-judicial body that is authorized by Town Code and NYS laws to issue
interpretations of the Town Code's Zoning chapters, and to grant or deny land use permits and area
variances in accordance with criteria established in NYS law and the Town Code.
1.03 Overview of Basic Town Documents
This manual provides a summary of important aspects of Town activities and the roles of
the people involved. However, it cannot incorporate all material and information necessary for
undertaking the business of the Town. Many other laws, plans, and documents exist which bind
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the Town to certain courses of action and practices. The following is a summary of some of the
most notable documents that guides Town Board, Town Officials, and staff s actions.
A. Code of the Town of Ithaca
The Code of the Town of Ithaca contains all the current local laws and ordinances. A link
to the digital Code is available on the Town's website.
B. Personnel Manual
The Personnel Manual is compiled to inform officials and employees of the policies and
procedures of the Town of Ithaca (Town), Southern Cayuga Lake Intermunicipal Water
Commission (Commission) and Greater Tompkins County Municipal Health Insurance
Consortium (Consortium). Policies and procedures involving the employees are reviewed by the
Employee Relations Committee, recommended by the Personnel Committee, and adopted by the
Town Board, Commission and Consortium as needed.
Members of the Town Board, boards, committees, Town officials and employees,
consultants, and professional service providers are expected to: maintain the utmost standards of
personal integrity, truthfulness, honesty, fairness, and civility in carrying out their public duties;
avoid any improprieties in the role as public servants and never use the Town position or powers
for improper personal gain.
• Southern Cayuga Lake Intermunicipal Water Commission (aka Bolton Point Water System)
The Commission is the executive body created by an Agreement of Municipal
Cooperation, (AMC) between the Towns of Dryden, Ithaca, and Lansing and the Villages of
Cayuga Heights and Lansing which is authorized in accordance with Article 5-G of the General
Municipal Law of the State of New York and Title 1-A of the Local Finance Law. The
Commission, among other duties, manages, serves, and operates Bolton Point Water System for
the provisions of the water supply and transmission for the municipal members. The Commission
is composed of ten Commissioners. Each municipality delegates two representatives, with at least
one being an elected official. Each municipality has an equal non-weighted vote.
The Commission has designated the Town of Ithaca as its "Employer of Record" to provide
specific personnel related services and payroll. Commission employees are subject to the wage
structure, benefits, and employee policies of the Commission regardless of the wage structure,
benefits, and employee policies of the employer of record. For economy of scale, the Commission
also participates with the Town of Ithaca in various group health, life, and disability policies for its
employees. Ithaca Town Supervisor also serves as the Treasurer, and therefore, the Ithaca Town
Board is responsible for ratifying Commission decisions regarding personnel, bids, and the budget.
• Greater Tompkins County Municipal Health Insurance Consortium (Consortium)
The Consortium is a municipal shared service created in Tompkins County in 2011 and now
available to municipalities within the geographical boundaries of the Counties of Tompkins,
Broome, Cayuga, Chenango, Chemung, Cortland, Madison, Onondaga, Ontario, Oswego, Tioga,
Schuyler, Seneca, Steuben, Wayne, and Yates. The Consortium provides high-quality trustworthy,
responsive service for our subscribers, at competitive premiums. In 2019 the Consortium voted to
hire employees and contracted with the Town of Ithaca to serve as the "Employer of Record."
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Consortium employees are subject to the wage structure, benefits, and employee policies of the
Consortium regardless of the wage structure, benefits, and employee policies of the employer of
record. For economy of scale, the Consortium also participates with the Town of Ithaca in various
group health, life, and disability commercial policies covering its' employees. Because of this
many of the Consortium employee benefits match those of the Town of Ithaca.
C. Annual Budget
The annual budget is the financial plan for accomplishing the goals of the Town. The
budget document is the result of one of the most important processes the Town undertakes. The
Budget sets forth the proposed appropriations necessary to carry out activities for a year and the
proposed means of financing them. By adopting the budget, the Town Board makes policy
decisions, sets priorities, allocates resources, and provides the framework for government
operations for the year. The timetable for presentation and adoption of a town budget is mandated
by State Law. See Appendix #1 for Budget Calendar. The current budget is available on the
Town website.
D. Annual Financial Report
Pursuant to Article 3 of the General Municipal Law, every local government must
annually file a financial report [Annual Update Document (AUD)] with the State Comptroller
within 90 days of the close of their fiscal year (by April 1st ). The AUD reports the financial
condition of the Town as reflected in the balance sheet, the results of operations as reflected in
income statements, an analysis of the uses of Town funds, and related footnotes. The AUD
includes statements for the various groups of funds and a consolidated group of statements for the
Town as a whole.
E. Comprehensive Plan
A comprehensive plan is a long-range, general plan that is a statement of policy and a
guide to physical development. The comprehensive plan is intended to serve as a guide for
achieving the goals and objectives of the Town of Ithaca, which can be implemented through
policies, projects, and programs. The primary focus is the Town's physical development, land use
patterns and environment. By providing a window onto the Town's vision of the future, the Plan
guides the various decisions of officials, staff, and boards, as well as private decision makers. The
plan addresses the Town's long-range planning needs relative to land use, open space,
transportation, economic development, and other planning elements. The Town's comprehensive
plan was adopted by the Town Board in 2014.
F. Five-year Capital Improvement Program
The Five-year Capital Improvement Program (CIP) serves as a guide for determining
priorities, planning, financing, and constructing capital projects which add to, support, or improve
the physical infrastructure, capital assets, or productive capacity of town services. It is intended to
implement policies of the Town Board that have been stated in documents such as the
Comprehensive Plan; Park, Recreation and Open Space Plan; and Transportation Plan. Capital
projects cover a range of physical improvements in areas such as sewer, water, parks, trails,
highway, transportation, storm water management, and facilities. The CIP is reviewed and
developed by the Public Works Committee and the Budget Committee before going to the Town
Board for review and approval. The CIP is incorporated into the annual Town Budget.
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G. Emergency Preparedness Plan and Public Employer Health Emergency Plan
The Town maintains an emergency preparedness plan that outlines actions to be taken
during times of extreme emergency. The Town Supervisor has the authority to declare the
emergency. The Highway Superintendent directs all disaster response activities. The Town Board
may be called upon during an emergency to establish policies related to a specific incident. The
Public Works Facility is the designated emergency response facility.
The Public Employer Health Emergency Plan has been developed in accordance with the
amended New York State Labor Law section 27-c and New York State Education Law paragraphs
k and 1 of subdivision 2 of section 2801-a (as amended by section 1 of part B of chapter 56 of the
laws of 201.6), as applicable. These laws were amended by the passing of legislation.
5861713/A10832 signed by the Governor of New York State on September 7, 2020, requires public
employers to adopt a plan for operations in the event of a declared public health emergency
involving a communicable disease. The plan includes the identification of essential positions,
facilitation of remote work for non-essential positions,provision of personal protective equipment,
and protocols for supporting contact tracing.
H. Recent Legislation
The Town Board passes legislation throughout the years that are important to highlight.
These items can be located on the website. For example: New Neighborhood Code and Ithaca
Energy Code.
1.04 Orientation of New Board Members
It is important for the members of the Town Board to gain an understanding of the full
range of services and programs provided by the Town. As new members join the Town Board,
they will be provided an orientation program that provides an opportunity for members to tour
municipal facilities and meet with key staff. Another opportunity for new members is the
Association of Towns-sponsored newly elected official's orientation. The Town's management
staff are available to assist with any questions or providing more information on a broad range of
topics.
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Chapter 2. Town Board: General Powers and Responsibilities
Town Board Members have powers and responsibilities that are described in this chapter.
There are also specific roles that the Town Supervisor and staff have in conjunction with the Town
Board to complete the operations of the Town.
2.01 Town Board Generally
Fundamentally, the authority and power to make policy and laws by the Town Board are to
be utilized for the good of the community and its residents, and to provide for the health, safety,
and general welfare of the citizenry. The New York State Constitution and State law grant the
powers and set forth the responsibilities of the Town Board.
It is important to note that the Town Board acts as a body. No member has any
extraordinary powers beyond those of other members. The Town Supervisor has some ceremonial
and presiding officer responsibilities as described below. All Town Board members are equal
when establishing policies, voting, and in other areas involving significant decisions. Policies and
legislation are adopted by a majority vote of the entire Town Board. Board Members and staff
must respect and uphold these actions; while individual Board members may disagree with a
decision of the majority, a decision of the majority binds the full Board to a course of action.
Effective Town Government is a complex endeavor. Informed decision making requires
that Board Members prepare themselves for Board or committee meetings. This preparation
includes reviewing the packet of material provided in advance to ask informed questions and give
informed comments. These materials may include such items as: agendas, staff memos, draft
resolutions, and reports.
2.02 Role of Town Board Members
The Town Board acts as the policy making, executive, administrative and legislative body
of the Town. The Town Board, as a group, is the executive head of the Town working collectively
establishing policy, adopting an annual budget, and providing vision and goals to the Town
officials and staff. The following outline is a brief description of the various duties of the Town
Board Members. The description is not intended to be comprehensive, but rather it is an effort to
summarize the primary responsibilities of a Town Board.
A. Summary of Board Duties and Responsibilities as Provided in, but not limited to, the New
York State Town Law, Article 4, § 64.
1. Meetings
a. Attend Monthly and Special Town Board meetings
b. Attend Committee meetings as assigned
2. Establish Policy
a. Adopt goals and objectives
b. Establish priorities for public services
c. Approve/amend the operating and capital budgets
d. Approve contracts over $10,000, or $20,000 if labor costs are included in
the costs
e. Adopt resolutions
f. Designate Town Depositories
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g. Designate Official Newspaper
h. Establish Petty Cash Fund
i. Acquisition and conveyance or sale of real property
j. Management, custody, and control of town property
k. Appointment to fill vacancies
3. Enact and Amend Local Laws and Ordinances
4. Create and Appoint Boards and Committees
a. Appoint Planning Board, Zoning Board of Appeals, Conservation Board and
Ethics Board members
b. Create and appoint Citizen Advisory and Staff Advisory Committees
c. Discuss and acknowledge Supervisor's appointments of members to Town
Board Committees, intermunicipal and interagency boards and committees.
5. Provide Public Leadership
a. Relay comments or requests of constituents to promote representative
governance
b. Mediate conflicting interests while building a consensus
c. Call special elections as necessary
d. Communicate the Town's mission, vision, and goals to constituents
e. Represent the Town's interest at regional, county, state, and federal levels
6. Decision-Making
a. Study problems
b. Review alternatives
c. Determine best course of public policy
2.03 Role of Town Supervisor
A. Presiding Officer
The Town Supervisor serves as the presiding officer and acts as chair at all meetings of the
Town Board. The Town Supervisor participates in all deliberations and votes of the Board
in the same manner as any other member. The Town Supervisor does not possess any
power of veto.
B. Treasurer- Chief Fiscal Officer
The Town Supervisor is the Chief Fiscal Officer of the Town and any special districts as
described in Town Law §29. The Supervisor shall demand, collect, receive, and have the
care and custody of moneys belonging to or due the Town from every source, except as
otherwise provided by law.
C. Budget
Under NYS law the Town Supervisor is responsible for preparing, and filing the Tentative
Budget with the Town Clerk, no later than September 30'', which is then presented to the
Town Board no later than October 5 h. The Town Board may revise and create the
Preliminary Budget. There is a Public Hearing on the Preliminary Budget. The Town
Board votes to adopt the final budget.
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D. Administrator
The Town Board may, by resolution, delegate to the Supervisor the power and duties of
administration and supervision of the Town or special improvement district functions to be
performed on behalf of the Town Board as provided in Town Law Article 3, § 29(16). The
purpose of this provision is to allow the Town to function between Town Board meetings.
Such delegation may be reviewed and amended by the Town Board. However, this
delegation, does not abdicate or surrender the Town Board's basic statutory
responsibilities.
E. Other Duties
The Town Supervisor has other statutory duties listed in Town Law §29 and § 125.
2.04 Absence of Town Supervisor and Board Members
In the absence of the Town Supervisor, the Deputy Town Supervisor shall perform the
duties of the Town Supervisor. When both the Town Supervisor and Deputy Town Supervisor are
absent, the Board may choose from among its members a person to serve as acting Town
Supervisor, who shall, for the term of such absence,have the powers of the Town Supervisor.
If the Town Supervisor or other Town Board Members will be unavailable for more than
seven (7) consecutive days, they shall notify the Town Clerk who shall notify the committee chair
and related support staff of the absence.
2.05 Appointment of Town Officials
The Town Board is responsible for appointing the Town Clerk, Receiver of Taxes,
Highway Superintendent, Town Engineer(Director of Engineering) and Historian. The appointees
shall hold their respective offices as provided in Town Law § 53-c. The Deputy Town Supervisor
is appointed by the Supervisor, or by the Town Board if the Supervisor fails to make an
appointment within five days after a vacancy occurs in the office.
Deputy Town Clerk(s) are appointed by the Town Clerk; the Town Board may appoint a
temporary Deputy Town Clerk if the Town Clerk is absent or unable to act and there is not a duly
appointed and qualified deputy present and able to act. The Deputy Highway Superintendent is
appointed by the Highway Superintendent, or by the Town Board if the Highway Superintendent
fails to make an appointment within five days after a vacancy occurs in the office.
The Town Clerk and Highway Superintendent have independent duties and authority as
described in the Town Law and Highway Law of the State of New York. See Appendix 2 for
Town Clerk's job description. See Appendix 3 for Highway Superintendent's job description,
which includes the responsibility as Director of Public Works.
Terms of office end on December 31st of the appropriate year. Appointments are made at
the Organization meeting in January. Public Officers Law § 5 states: "Every officer...whose term
is fixed by the constitution, having duly entered on the duties of his office, shall, unless the office
shall terminate or be abolished, hold over and continue to discharge the duties of his office, after
the expiration of the term for which he shall have been chosen, until his successor shall be chosen
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and qualified..." which covers the period between the expiration of the previous term and the
appointment of the new term.
2.06 Appointment of Department Heads and Staff
The Town Board is responsible for the appointment of Department Heads and other
additional management staff in compliance with Civil Service requirements. The Town Board will
appoint an Interview Committee that will interview prospective candidates and make a
recommendation for appointment to the Town Board.
Appointment of Department Staff-The Town Board is responsible for approval of the staff
appointments made by the Department Heads and the ratification of appointments made by Town
Officials.
2.07 Appointment of Boards and Committees
The procedures outlined in this manual reflect the policy of the Town Board regarding the
appointment of the Town's boards and committees to ensure that well-qualified, responsible, and
willing citizens representing the diversity of the community are given the opportunity to serve the
Town and participate in the governing of their community.
A. Role of Zoning Board of Appeals, Planning Board and Conservation Board
The Zoning Board of Appeals, Planning Board and Conservation Board are made up of
residents of the Town of Ithaca that have been appointed for a designated term of office by the
Town Board. Zoning Board of Appeals and Planning Board members are considered town
officers. Members of these boards are appointed by the Town Board.
l. Zoning Board of Appeals (ZBA)was created October 7, 1954, following the approval
of the first Zoning Ordinance. The ZBA is a quasi-judicial board of five members that
reviews requests for variances from, and provides interpretations of, the Zoning
Ordinance. The ZBA has independent powers granted to it by the State of NY. For
more information refer to Code of the Town of Ithaca, Chapter 270, § 235.
2. Planning Board was established May 5, 1955. The Planning Board is a seven-member
review board for land use as authorized by Town Law. The Planning Board has
independent powers granted to it by the State of NY. For more information refer to
Code of the Town of Ithaca, Chapter 270, § 236.
3. Conservation Board was established on April 12, 1993, to assist the Town in the
development of sound open space planning and assure preservation and protection of
natural and scenic resources. The Conservation Board is an advisory board to the
Town Board, Zoning Board of Appeals and Planning Board. For more information
refer to Code of the Town of Ithaca, Chapter 23.
B. Creation and Role of Other Boards and Committees
The Town has both Town Board and Citizen Committees. Section 63 of New York State
Town Law states that "...the supervisor may, from time to time, appoint one or more committees,
consisting of members of the board, to aid and assist the board in the performance of its duties."
Pursuant to this provision, only Town Board members may serve on. Town Board Committees.
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Citizen Committees provide advice and support to the Town Board and staff in carrying out their
duties. Furthermore, the Town of Ithaca has recognized the immense contributions of town
officers and staff to effective committee functioning. Therefore, the Town of Ithaca adopts the
following committee structure for the Town.
• Town Board Committees: Town Board Committees are committees created by the
Town Supervisor consisting of no more than three Town Board members. Staff and
other board and community representatives participate as resources, as appropriate. By
tradition the Supervisor consults individually with Town Board members prior to
making the appointments, and the Town Board acknowledges the Supervisor's
appointments at the Organizational Town Board meeting.
• Citizen Advisory Committees include members from outside the Town Board. Up to
three Town Board members may be appointed as members to any committee.
• Staff Advisory Committees are committees that address internal staff issues and may
include Town Board members. Members are appointed by the Town Supervisor, with
approval by the Town Board. Members of the public or other agencies may be invited
as appropriate.
Minutes/notes may be taken at all committee meetings and will be on file with the Town Clerk's
office. See Appendix 7 for Town's Boards and Committee Listing.
C. Qualifications
It is the desire of the Town to establish a consistent policy to fairly and equitably evaluate
citizens of the community who wish to serve on boards or committees. Persons wishing to be
considered for appointment shall submit a Board/Committee Application to the Town Clerk's
office with a resume, if available.
Inasmuch as the qualifications and terms of service for the Planning Board, Zoning Board
of Appeals and Conservation Board set forth in the Town of Ithaca Code may differ from each
other, it is the policy of the Town Board to evaluate each applicant on an objective basis, utilizing
the following criteria:
I. Residency - Residency requirements for boards and committees are determined by the
Town of Ithaca Code or at the time of the formation of the committee.
2. Geographic, Economic, Ethnic and Racial Balance — Consideration should be given
toward maintaining a reasonable balance of community and area representation on all
boards and committees. The Town Board will strive to avoid appointing citizens to
serve as members of more than one board, committee, or commission at the same time,
except on certain boards and committees as established by Board resolution.
The Town Board will avoid appointing multiple members from the same family or
household to a single board or committee, with exception of the Agriculture
Committee. The Town Board will avoid appointing Town Board Members' families or
households to boards or committees. To avoid the appearance of favor and to increase
community representation
3. Occupation - The Board will attempt to maintain a broad mix of occupational
backgrounds on all boards and committees.
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4. Knowledge of Municipal and Planning Process - When ranking equally qualified
applicants, the Board will consider background experience and knowledge of the
municipal process as appropriate to the position.
5. Contributive Potential- The Board will evaluate the potential contribution including:
a. Ability to communicate ideas, concepts, or philosophies
b. Desire to perform public service and participate in decision-making process
c. Availability and understanding of time commitment
d. Willingness to attend training as needed for the position.
6. Leadership Potential - Since each appointee may be called upon to serve as a Chair, the
Board will evaluate leadership abilities, such as:
a. Past or present leadership experience
b. Past or present participation in community services
c. Expressed interest in a leadership role
Points 4, 5, and 6 should be considered in balance with the goal of achieving broad representation.
It is recognized that past leadership or service on community boards can be a self-perpetuating
criterion that can lead to a reduction in the pool from which committee members are drawn.
D. Appointment Process for Zoning Board of Appeals and Planning Board
The Town Board will appoint an Interview Committee to interview candidates and make a
recommendation of appointment. The Town Board will review the recommendation of the
committee and consider making appointments.
1. Interview Process —The Board shall establish an Interview Committee consisting of at
least two Town Board Members, the Committee or Board chairperson, and staff as
designated.
2. Committee Evaluation - The committee will deliberate and reach a decision on a
recommendation be forwarded to the Town Board for consideration of appointment.
3. Decision & Announcement—The Town Board will consider the recommendation of the
Interview Committee and vote on the appointment. Each applicant will be notified by
the Human Resources Manager of the decision of the Board.
E. Appointments
1. Appointment of Members to Planning Board, Zoning Board of Appeals, Ethics Board
and Conservation Board
The Town Board is responsible for appointing members to the Planning Board, Zoning
Board of Appeals, Ethics Board and Conservation Board based on an established term of
appointment. Refer to Town Law, Article 16, § 267 and § 271, and Code of the Town of
Ithaca, Chapter 32. Refer to other parts to this section 2.07 for more information on process of
appointment, reappointment, resignations, filling vacancies and rules of conduct.
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2. Appointments to Town Board Committees and Citizen Advisory Committees
No more than three (3) Town Board members will be appointed to each Town Board
Committee, and, where appropriate, each Citizen Advisory Committee. Except for the
Agriculture Committee and the Records Management Advisory Board, one Town Board
member will be designated as the chair. No member of the Town Board will chair more than
one Town Board committee, or one Citizen Advisory Committee. This restriction shall not
apply to ad hoc committees.
Each member of the Town Board will be a member of at least two committees. Other
members of the Town Board may attend and observe any committee meeting but may not
participate in the discussions unless invited by the committee chair. At least one member of the
staff will be assigned to support the activities of each Town and Citizen Advisory Board
Committee.
F. Reappointment Criteria
When reappointment is considered, the Board will be guided by the following performance
criteria:
1. Regularity of Attendance.
2. Demonstrated understanding of board or committee's function and ability to work
toward its goals.
3. Demonstrated leadership.
4. Active participation and demonstrated contribution on issues,programs,policies, etc.
5. Demonstrated ability to act within the bounds of regulatory expectations of board or
committee.
G. Board and Committee Resignations
1. Resignations from the Planning Board, the Board of Zoning Appeals, and the Town
Board are prescribed in Public Officers Law § 31. A town officer must resign by delivering her/her
resignation in writing to the town clerk.
2. For other boards and committees, members must submit a signed letter of resignation to
the Town Clerk. After three unsuccessful attempts to secure a letter of resignation from a member
who has verbally indicated he or she is resigning, the Town Board can declare the seat vacated and
has the right to fill the vacancy.
H. Filling of vacancies on Boards and Committees for Appointed Positions
Vacancies on Boards and Committees will be filled to complete the remainder of term of
the vacated position.
The Town will:
a. Notify the Chairpersons of the appropriate advisory board or committee of
the vacancy.
b. Announce the position vacancy by newsletter, media distribution, website,
and social media as well as any other means deemed appropriate.
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c. The Town Clerk will notify the incumbents of boards and committees
whose terms are expiring and invite incumbent to consider reapplying and
or apply for any vacant positions.
I. Representation on Non-Town Boards and Committees
Board Members are often requested to serve on outside boards, commissions, or
committees. This type of representation serves to facilitate communication and provide interaction
with other governmental bodies. The Town Board appoints members on an as-needed or as-
requested basis.
Where applicable, the Town Board will appoint an alternate to attend outside boards,
commissions, or committees The member will notify the alternate as soon as possible when unable
to attend a meeting.
Board Members participating in policy discussions at regional meetings will represent the
consensus of the Board. Personal positions, when given, will be identified as such and not
represented as the position of the Town. Assignment and direction of staff in relation to regional
meetings are at the discretion of the Town Supervisor and Department Head where applicable.
J Rules of Conduct
By accepting appointment to any Town board or committee, members thereby agree to
conduct themselves in accordance with the following rules of conduct.
1. All members will abide by all applicable State and Town laws and other requirements
relating to the conduct of members, including, but not limited to, conflict of interest
statutes, the State Open Meetings Law, and the Town's Workplace Expectations.
2. Members will not speak in their capacity as a board or committee member, before any
other board, committee, administrative officer or agency of the federal government, the
State of New York or of any county or other municipal corporation, including cities and
towns, except as hereinafter provided.
Exceptions to the policy set forth above shall be as follows:
a. In the event the board or committee has designated the member or members
to act as a spokesperson for the board or committee to explain the majority
vote and recommendation of that board or committee; or
b. In the event the Town Board appoints the member or members to represent
the Town before another body; or
c. If the member is testifying in such a capacity pursuant to a lawfully issued
subpoena.
3. Notwithstanding the foregoing, nothing contained herein is intended to preclude a
board or committee member from speaking as an individual citizen. The individual
shall clearly identify that they are speaking only as an individual citizen and is not in
any manner representing or speaking on behalf of the board or committee of which they
are a member.
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K. Board Members'Role and Relationship with Zoning Board ofAppeals and Planning
Board.
1. In accordance with the provisions of state law, Town Board Members shall not be
appointed to, and may not serve on the Zoning Board of Appeals or the Planning
Board during the term of office as a Town Board Member.
2. Unless a position has been taken by the Town Board, no Town Board Member shall
be authorized to state or testify to the policy or position of the Town Board before
the Zoning Board of Appeals or Planning Board.
3. Limitations on the conduct of Town Board Members before the Zoning Board of
Appeals or Planning Board should be voluntarily undertaken to assure public
confidence in the decision-making process and avoid the appearance of bias,
prejudice, or improper influence. Special caution should be taken when an issue
may later come before the Town Board. Expressing an opinion on an issue may
create the appearance of bias before sufficient information, including that from
public hearings, has been received. Toward this purpose, the following protocol
should be observed:
a. The Town Board Member shall identify themself as a Town Board Member
and must make it clear that they are not speaking on behalf of or at the
request of the Town Board.
b. The Town Board Member shall refrain from stating or implying that their
position or opinion is that of the Town Board.
c. The Town Board Member shall refrain from directing Town staff or the
advisory body to take any action on behalf of the Board Member.
d. The Town Board Member shall observe any rules of procedure or protocol
that apply to any other private citizen testifying before the advisory board.
2.08 Incompatibility of Offices
There is no single statutory provision governing dual office holding. Statutory law is
usually silent on that question except where the legislature has deemed it best either to prohibit or
pen-nit particular offices to be held by the same person regardless of whether they may or may not
be compatible under common law principles. Cases construing New York State Town Law, § 20 -
address specific times when it may or may not be compatible for a person to hold more than one
position.
2.09 Filling Elected Vacancies
If a vacancy occurs in an elective office, the Town Board shall, by majority vote of the
entire Board, appoint an individual to serve until the commencement of the calendar year next
succeeding the first annual election at which the vacancy may be filled, as provided by Town Law
§ 64 (5).
If a Justice vacancy occurs during their term, the Town Board shall, by majority vote of the
entire Board, appoint an interim Justice to complete that calendar year. An election would be held
in November for a new four-year term commencing January I't.
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Chapter 3. Interaction with Town Staff/Officials
Successful town governments depend upon positive relations amongst the Town Board,
Town Supervisor and Town staff. It is critical that the relationship between Town Board and staff
be well understood by all parties so that their respective roles are recognized, and that policies and
programs may be implemented by staff successfully.
3.01 Administration of the Town
According to New York State Town Law, the Town Board is the legislative, executive, and
administrative head of the Town. The Town Board's role is to establish Town policies and
priorities, authorize the expenditure of funds, and provide for the proper administration of the
Town.
The Town Board is responsible for the general management and control of finances of the
Town including approval of positions, salaries, and benefits. One of the statutory fiscal
responsibilities of the Town Supervisor, as the Chief Fiscal Officer, is the budget. The Town
Supervisor proposes the preliminary budget, and then the Town Board reviews, modifies, and
ultimately adopts the final budget. The customary practice of the Town is to have the Budget
Committee assist the Town Supervisor in the development of the preliminary budget.
It is the role of staff to implement the laws, policies and programs established by the Town
Board and to conduct the day-to-day business of the Town. Staff are supervised by a Department
Head; however, for some functions the Town Supervisor acts as the Department Head. Contact
the Human Resources Manager for the current Town's Organizational Chart.
3.02 Town Board Relationship to Administration
The Town Board as a whole makes policy and creates local laws and ordinances for the
Town. Except in their roles as committee chairs (as discussed in Section 3.09), individual Town
Board members do not oversee the activities of Town staff unless they are authorized to do so by
the Town Board for specific projects. Scheduling considerations and coordination for which the
staff member is responsible should be discussed with their Department Head. Unresolved
disagreements will be resolved by the Town Board.
3.03 Town Board/Town Supervisor Relationship
Effective administration of the Town relies on cooperation between the Town Board and
the Town Supervisor, which requires a free flow of information and an atmosphere of mutual
respect. The goal is an efficient and well managed organization.
The Town Supervisor is responsible for coordinating the daily operations of Town
government and acts as an administrative liaison between the Town Board and staff. It is through
the Management Team that work-flow is choreographed to implement the Town Board policies.
The Town Supervisor also represents the Town Board when meeting with other municipality
representatives to address collaborative arrangements.
The Town Supervisor leads Town Board meetings and oversees the board in carrying out
its statutory responsibilities. The Town Supervisor may not supersede the functional role of other
Town Board members in their interaction with Town staff, nor unilaterally execute their own
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interpretation of Town Board policy. A Town Board may, by resolution, delegate to the Town
Supervisor the authority to implement policies and undertake the administration of the
organization. To date the Town Board has not done so. The Town Board may not abdicate to the
Town Supervisor or surrender to them the Town Board's basic statutory (administrative,
legislative, or executive)responsibilities.
3.04 Town Board/Town Staff Relationship
Town Board members, including the Town Supervisor, are elected by the residents of the
Town. Members of the Town Board are direct representatives of Town residents. As such, the
Town Board is ultimately responsible for the formulation, implementation, success, or failure of
policy and therefore must maintain ultimate authority and oversight over those functions as carried
out by staff.
In order to formulate policy, the Town Board requires information and support from staff,
who will respond to requests for information and support in a timely manner. The workflow will
be determined by the Department Head in consultation with their staff, as long as Town Board
priorities are being met. staff are to implement the policies and programs established by the Town
Board in a manner that complies with Federal, State, and local laws and ordinances and to support
the efforts of the Town Board and committees in the fulfillment of their responsibilities.
Business contact between Town Board members and staff members should be conducted
during regular business hours or before, in or after evening meetings, except in the case of an
emergency or under mutually agreed upon circumstances.
Staff's daily functions are under the supervision of their Department Head. This
supervision follows the policy set by the Town Board as stated in this manual. Questions or
concerns regarding the actions or priorities of staff or individual Town Board members should be
brought to the attention of their Department Head for discussion and consideration. Disputes that
cannot be resolved through such discussion will be resolved by the Town Board.
3.05 Town Board/Appointed Board Relationship
The appointed boards are independent boards that have their own by-laws and governance
responsibilities. Town Board members shall not use pressure to influence the vote of a Zoning
Board of Appeals or Planning Board member in their role as an individual member of the Town
Board. Refer to Chapter 2.07 (J) Rules of Conduct, for information regarding addressing an
appointed board.
3.06 Town Board/Attorney Relationship
The Town Board shall obtain legal counsel for the Town, either by appointing a Town
Attorney or contracting for such professional services. The Town of Ithaca contracts for attorney
services annually. The Attorney(s) for the Town are the legal advisor(s) for the Town Board, its
committees and boards, and all Town officers and employees with respect to any legal question
involving an official duty or any legal matter pertaining to the affairs of the Town.
The general legal responsibilities of the Attorney(s) for the Town are to:
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A. provide legal assistance necessary for formulation and implementation of legislative policies
and projects;
B. represent the Town's interest, as determined by the Town Board, in litigation, administrative
hearings, negotiations, and similar proceedings;
C. prepare or approve as to form, local laws, ordinances, resolutions, contracts, and other legal
documents to best reflect and implement the purposes and intentions of the Town Board,
Zoning Board of Appeals and Planning Board; and
D. keep Town Board and staff apprised of court rulings and legislation affecting the legal interest
of the Town.
It is important to note that the Attomey(s) for the Town represents or gives opinions for the
Town as a whole, and not for any individual connected to town government. The Attorney(s) for
the Town may represent an individual member in a personal capacity as long as it does not result
in a potential conflict of interest.
3.07 Information Flow
A variety of methods are used to share information with the Town Board. Town Board
members will be provided minutes and agendas for and are welcome to attend Management Team
meetings. The Town Supervisor, individual Town Board members, and staff also provide other
information to the Board, such as status reports from inter-municipal entities and Town
committees. Refer to Chapter 4 Town Board Meetings for more information.
Informal meetings between Town Board members and the Town Supervisor or staff in
groups or on a one-on-one basis are encouraged if such meetings do not cause a violation of the
Open Meetings Law.
Individual Town Board members may request and receive information from staff that
relates to their role and responsibilities as a Town Board member. Information requested shall be
furnished in a mutually agreed upon timeframe. and the appropriate Department Head shall be
made aware of the request. Disputes regarding requests for information from a Town Board
member may be discussed with the Department Head and, if necessary, decided on by the Town
Board. Individual Town Board members should share information provided to them by staff with
the rest of the Town Board.
3.08 Staff Relationship to Boards, Town Board Committees, and Citizen Committees
Boards and Committees often require staff support and assistance to effectively carry out
their charge. When staff members are assigned to provide support and assistance to Boards and
Committees, they will carry out assignments given by the Board or Committee chair. Staff or their
Department Head should inform the Board or Committee chair of scheduling conflicts, in order to
identify an appropriate timeframe for assignments. While staff will work closely with the Board or
Committee to which they are assigned, staff members remain responsible to their immediate
manager, who will facilitate coordination between the Board or Committee and the assigned staff.
A. Town Board Committees
For Town Board committees (for the purpose of this section, the Codes and Ordinances
Committee will be considered a Town Board Committee) the Committee chair, Town Supervisor,
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and the Department Head (overseeing such assigned staff) will agree on the staff member(s) who
will provide support and assistance and agree, on an ongoing basis, upon the amount of staff time
necessary to provide adequate committee support. If the Committee chair, the Town Supervisor,
and appropriate Department Head cannot come to an agreement, the Town Board will decide who
will provide support and assistance, and the associated staff time commitment. The chair will
oversee the work of the assigned staff member, in cooperation with the Department Head, for the
projects and duties performed for the committee. If the staff member or Department Head believes
that the assignment(s) or oversight by the chair conflict with the staff member's other assigned
duties, the staff member or Department Head will bring their concerns to the Committee chair. If
there is still disagreement, the Town Board will make the decision.
B. Citizen Committees
For these Committees (with the exception of the Codes and Ordinances Committee) the
Department Head overseeing such staff member will make the staff assignment, subject to
approval by the Town Board, and continue to oversee the activities of the assigned staff. The
assigned staff member will make every effort to carry out the assignments given by the Committee
chair in the manner requested. If the Department Head believes that the assignment(s) or direction
given by the chair of the Citizen Committee are in conflict with the staff member's other assigned
duties, the Department Head will bring those concerns to the Committee chair. The Department
Head will inform the Town Board of any dispute regarding the assignments given or the quality of
support provided. If there is still disagreement between the Committee chair and the Department
Head, the Town Board will make the decision.
The chairperson is responsible for Committee compliance with the municipal code and/or
Committee bylaws. Staff members are to advise the advisory body chair about compliance with
state and local laws and regulations.
3.09 Restrictions on Political Involvement by Staff
Professional staff formulates recommendations in compliance with Board policy for the
good of the community and may not be influenced by political factors. By working for the Town,
staff members do not surrender rights to be involved in political activities. Employees may
privately express their personal opinions. In the exercise of Town business, staff will refrain from
public expressions of political opinions.
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Chapter 4. Town Board Meetings
The Town Board's collective policy and law-making powers are put into action at the
Board meetings. It is here that the Board conducts its business. The opportunity for citizens to be
heard, the availability of local officials to the citizenry, and the openness of Board meetings all
lend themselves to the essential democratic nature of local government.
4.01 Meeting Schedule
The Town Board shall hold at least one meeting per month to address business, usually on
the second Monday of the month, at 5:30 p.m. Town Board meetings are held in the Town Hall,
Shirley Raffensperger Room, 215 North Tioga Street, Ithaca, NY, unless otherwise specified by a
vote of the Town Board. Generally, meetings will begin at 5:30 p.m. and end by 10:00 p.m. The
beginning and ending times of meetings may be changed with the consent of a majority of Town
Board members. The Town Board regularly holds a second meeting of the month for longer
reports and committee updates. These Study Session Meetings are held at Town Hall on the fourth
Monday of the month, at 4:30 pm. Town Board meeting dates are established at the first meeting
each January.
4.02 Public Notice of Meetings and Hearings
Pursuant to the Open Meetings Law (Public Officers Law, Section 104), towns are charged
with notifying the public of upcoming public meetings, hearings, and the final agenda for the
forthcoming Town Board meeting. The procedure followed by the Town of Ithaca is as follows:
A. Notices of Public Meetings
Once the meeting schedule is set at the Organizational Meeting, public notice of the time
and place of meetings is sent to the media distribution list and updated on the Town Board
description page on the Town Website and Web Calendar. Notice of any additional meetings
scheduled at least one week prior thereto are sent to the news media, posted on the Town's
website, and conspicuously posted on the Town Clerk's Board at the Ithaca Town Hall at least
seventy-two (72) hours before such meeting. Public notice of the time and place of any meeting
scheduled less than one week prior thereto will be given, to the extent practicable, to the news
media and shall be conspicuously posted on the Town Clerk's Board at the Ithaca Town Hall as
soon as reasonably possible. Public notice of meetings scheduled for emergency or extenuating
circumstances with less than seventy-two (72) hours advance notice shall be sent to the media and
posted as above at the earliest time possible after the calling of such a meeting.
B. Notices of Public Hearings
The Town shall publish, post, or submit all notices of Public Hearings in the Town's
official newspaper, to the news media, on the Town's website, and on the Town Clerk's board at
Town Hall. Publication of a notice shall contain the time,place, date, and subject.
C. Final Agenda of Board Meeting
The final agenda and any materials available for regularly scheduled meetings are posted to
the Town webpage and the agenda is posted to the Town Clerks Bulletin Board at Town Hall no
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less than 3 days prior to the scheduled meeting. Agendas and materials for meetings scheduled in
addition to the regular schedule shall be posted at the earliest time possible in the same manner.
D. Duties of Town Clerk
The Town Clerk publishes, and posts notices of meetings and public hearings as required
by the Open Meetings Law as described above. The Town Clerk is responsible for assembling the
meeting packet of materials and distributing it to each Board Member, by email, physical office
mailbox, or postal service as requested by each member. Packet distribution is generally done the
Wednesday prior to each meeting or as soon as possible thereafter. See Appendix 2 for Town
Clerk's Job Description.
4.03 Special Meetings
The Town Supervisor may call a special meeting of the Board with seventy-two (72) hours
advance notice unless extenuating or emergency situations require less notice. Two or more Board
members may request that the Town Supervisor schedule a special meeting and the Town
Supervisor will make every effort to do so on the earliest possible date. Public notice of such
special meeting(s) is detailed in 4.02 (A).
4.04 Organizational Meeting
The Town Board shall hold an annual organizational meeting as its first meeting in
January. The purpose of this meeting is to organize the function(s) of the town government
throughout the year. Such items to be addressed include but are not limited to: Oaths of Office,
Appointments, Setting Meeting Schedule, Designation of Official Newspaper and Depository(s),
Employee Bonds, and annual review of certain policies.
4.05 Site Visits
At times there may be a need for the Town Board to visit a site or area of the Town as a
group before considering a decision. Open Meeting Law anticipates this need and clarifies that no
discussion on the particulars of the action before the Board necessitating a group site visit should
be discussed during the site visit,but rather, discussion should be held at the next meeting.
4.06 Political Caucuses
A political conference or caucus may be held in private even if the subject of the
discussions and deliberations includes public business. According to Public Officers Law, Section
108, subdivision 2, paragraph b "... deliberations of political committees, conferences and
caucuses means a private meeting of members of the{Legislative body} who are members or
adherents of the same political party, without regard to (i) the subject matter under discussion,
including discussions of public business, (ii) the majority or minority status of such political
committees, conferences and caucuses or (iii) whether such political committees, conferences and
caucuses invite staff or guests to participate in their deliberations.." However, the discussion must
remain an exchange of ideas and points of view, and no public business shall be conducted
(including the making of decisions), otherwise the caucus will violate the Open Meetings Law.
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4.07 Development of the Agenda
A. Management Team
Matters to be presented to the Town Board at its meetings are generally reviewed by the
Management Team, which is composed of the Town Supervisor, Deputy Town Supervisor, Town
Clerk, Director of Public Works/Highway Superintendent, Director of Engineering, Director of
Code Enforcement, Director of Planning, Finance Officer, Human Resources Manager, and
Network Specialist. The meetings are held Wednesdays at 9:30 a.m. at Town Hall.
B. Town Board
A Board Member may place an item on an agenda either by submitting it at a prior Town
Board meeting or submitting it at least 7 days prior to the meeting for which the item is requested
to be placed on the agenda. The item shall generally be presented to the Town Supervisor or other
Management Team member for scheduling and to consider if any material is needed for the mail
out packet. Items submitted by Town Board members according to these procedures must be
placed on that meeting's agenda.
Advisory Bodies and Civic Organizations
Advisory bodies of the Town Board, civic and other organizations (i.e., Chamber of
Commerce, Life Long) may submit items for the Board by submitting a request in writing to the
Town Supervisor or Town Clerk at least 2 weeks prior to the meeting for which the item is
requested to be placed on the agenda. If the item is added to the agenda, the Town Clerk point
person will notify the requester so that they are aware and may plan to attend the meeting when
appropriate.
C. Members of the Public
A member of the public may request that an item be placed on a future agenda while
addressing the Town Board during a regular meeting and/or by submitting the request in writing to
the Town Board, through the Town Clerk's office. In order to allow sufficient time for Board to
review, and staff to research the matter, the request should be submitted at least 2 weeks prior to
the meeting for which the item is requested to be placed on the agenda. If the item is approved for
the agenda, the Town Clerk will notify the requester so that he or she may plan to attend the
meeting.
D. Distribution of Town Board Agenda
The final agenda for a Town Board meeting must be made available to Town Board
members at least three full days (72 hours)prior to the start of the Town Board meeting.
4.08 Recording of Meetings and Retention of Information
The Town Clerk, or designee, shall record all meetings of the Town Board, except those
meetings or portions of meetings conducted in Executive Session or Closed Session.
• Approved minutes of the Board and board/committee proceedings are the official
record of the meeting and are kept permanently.
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• Recordings are kept for a minimum of four months following the approval of the
minutes, and packet materials are kept a minimum of six years. (State Archive
Records Administration LGS 1 Retention Schedule.)
• The public and/or news organizations may record and broadcast Board meetings as
long as, in the opinion of the Town Board such recordings are carried out in an
unobtrusive manner that does not disrupt the meeting or the Board's deliberative
process.
4.09 Order of Business
The Town Board, by adoption of this manual, establishes the general order of meetings.
This section summarizes each meeting component. The Town Supervisor may, at any time,
consider items in a different order.
A. Call to Order
The Town Supervisor, or in the Town Supervisor's absence the Deputy Town Supervisor,
is the Presiding Officer. The Presiding Officer presides over all meetings of the Town Board. In
the absence of the Town Supervisor and Deputy Town Supervisor, the Town Clerk shall call the
Board to order, whereupon a temporary chairperson shall be elected by the members of the Board
present. After determining that a quorum is present, the presiding officer calls the meeting to order.
Following the call to order, those in attendance are asked to join the Board in reciting the Pledge of
Allegiance.
B. Persons to be Heard and Board Comments
During this portion of the meeting, the Presiding Officer asks if there are people present
wishing to address the Board about topics that are not scheduled as a public hearing on the agenda.
Individuals wishing to address the Board are asked to raise their hand to be recognized. Upon
recognition by the Presiding Officer, individuals, are invited to state their names and addresses
(not required) and address the Board. Typically, a 3-minute time limit is given to each person.
Speakers are asked to address the Board as a whole. This is not an opportunity for back-and-forth
between the public and the Board, but to inform the Board about an issue and allow for research
when needed. Board members may ask questions if they choose to for clarity of a topic or
statement.
Written comments may be submitted to the Town Clerk via email or hardcopy. The Clerk
will distribute the message to each Board member and archive it appropriately.
Board members may bring up `other' topics that are not on the agenda during the Board
Comments section.
C. Public Hearings
The purpose of the Public Hearing is to give the public an opportunity to express its views
and to make inquiries regarding the matter before the Board. Public hearings are generally
scheduled near the beginning of the meeting to for the convenience of the public. Draft legislation
requiring a public hearing is available on the website and the Clerk's Office according to the New
York State guidelines.
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After all persons have been heard, the Presiding Officer shall use his/her discretion as to
whether anyone will be given the opportunity to address the Town Board more than once. See
Appendix 4 for the Standard of Conduct for Public Hearings and Persons to be Heard.
After a public hearing is closed, no member of the public shall be permitted to address the
Board or the staff, unless requested by the Presiding Officer. The Town Board shall begin
deliberations from that point forward.
In respect for the public's opinion and to afford the Board the opportunity to consider input
from the public, the Board may delay a vote on the matter to a subsequent meeting.
D. Action & Discussion Items
The Town Board discusses each agenda item, some may require action generally the
adoption of a resolution, and others may not require any action and are informative only.
Consent Agenda: Those matters of business that require action by the Board which are
considered to be of a routine and non-controversial nature are placed on the consent agenda. The
individual items on the consent agenda shall be approved, adopted, or enacted by one motion of
the Board. No discussion shall take place regarding any item on the consent agenda beyond asking
questions for simple clarification. Board Members may request to withdraw (or pull) any item and
take action separately on that item. Each withdrawn item will be considered after the amended
consent agenda has been approved.
Examples of Consent items include:
• Approval of Town Board minutes;
• Abstract for Town;
• Abstract for SCLIWC (Bolton Point);
• Ratification or Approval of Appointments (Town, Health Consortium or Bolton Point
positions);
• Approval of Job Descriptions;
• Budget Modifications and closing of capital projects
• Approval of revised policies or guidelines
E. Boards & Committees
During this portion of the meeting, the Chair of the Board or Committee will update the
full Town Board on what is happening on the board or committee they sit Chair with support from
other members and staff of the board or committee.
F. Reports of Town Officials
Members of the Board and Department Heads may take this opportunity to make
comments, extend compliments, express concerns, or make announcements concerning any topic
they wish to share.
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G. Review of Correspondence
Comments may be submitted to the Board at any time by mailing or otherwise delivering to
the Town Clerk, 215 North Tioga Street, Ithaca, NY 14850. The Clerk will the correspondence via
email and list the topic(s) on the Correspondence List which is included in the packet to the Board
for their reference.
H. Executive Session
Executive Session is to discuss and consider certain matters of concern to the wellbeing of
the Town. A motion to enter executive session must be made and include the general area(s)of the
subject(s) to be considered, seconded and with a majority of the whole in favor. The purposes for
which an Executive Session may be held are identified in Public Officers Law, Section 105 as:
• Matters which will imperil the public safety if disclosed;
• Any matter which may disclose the identity of a law enforcement agent or informer;
• Information relating to current or future investigation or prosecution of a criminal
offense which would imperil effective law enforcement if disclosed;
• Discussions regarding proposed, pending or current litigation;
Collective negotiations pursuant to Article 14 of the Civil Service Law;
• The medical, financial, credit or employment history of a particular person or
corporation, or matters leading to the appointment, employment, promotion, demotion,
discipline, suspension, dismissal or removal of a particular person or corporation;
• The preparation, grading or administration of examinations; and;
• The proposed acquisition, sale or lease of real property or the proposed acquisition of
securities, or sale or exchange of securities held by the Town Board, but only when
publicity would substantially affect the value thereof.
No action shall be taken which appropriates public money. If no action is taken, no
minutes are required. If an action is taken, the Town Clerk shall be present to record the action and
outcome for the minutes of the meeting. The public will be notified when the Board returns to
regular session.
I. Closed Session
The Town Board may also hold a closed session (not open to the public) to receive
attorney-client privileged advice from attorneys representing the Town. Before closing the
meeting, a Town Board member should make a motion to enter into closed session which includes
the purpose of the closed session, a second must be made, and the motion approved by a majority
of the entire Town Board. The public will be notified when the Board returns to regular session.
J Adjournment
A Board Member may propose to end the meeting entirely by moving to adjourn. The
meeting will close upon the majority vote of the Board present. A motion to adjourn will always be
in order and decided without debate. All Board meetings will conclude no later than 10:00 p.m.,
unless this provision is waived by a majority of the Board.
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4.10 General Procedures
A. Signing of Town Documents
The Town Supervisor, or Deputy Town Supervisor when they are not available, shall sign
all contracts, agreements, and other documents which have been approved by the Town Board and
require an official signature unless another Town Official is specifically required on the document.
B. Quorum
A majority of the entire Board shall constitute a quorum for the transaction of business, but
a lesser number may adjourn. I.e., 4 members of the 7-member Board constitutes a quorum.
C. How Many Votes are Required for Passage?
Except when otherwise required by law, every act, motion or resolution shall require for its
adoption the affirmative vote of a majority of all of the members of the Town Board (at least four
votes). Members should be aware that an abstention has the same effect as a negative vote. A
member may approve minutes for meetings for which they were not present if they reviewed the
draft minutes and feel confident the minutes captured the actions and outcomes.
D. Minutes
The Town Clerk or designee shall take minutes at all meetings of the Town Board. The
minutes shall be made available for public inspection in draft form when available.
E. Amending the Policies and Procedures Manual
The Policies and Procedures Manual may be amended at any Town Board meeting
provided that the proposed amendment is on the agenda and made available to Town Board
members in a timely fashion as specified in 4.07 D .
4.11 Open Meetings Law
A. Applicability
The Open Meetings Law applies to the Town Board, Planning Board, Zoning Board of
Appeals, Conservation Board and all Town Board committees and subcommittees on which a
board member is a member.
All meetings of the Board shall be open to the public, except in the special instances as
provided in the Open Meetings Law, as it may be amended. The label applied to a public meeting
does not affect compliance with the law. Whether the meeting is referred to as regular or special,
workshop or study session, the notice, agenda, and minute-taking requirements must be met, when
public business is discussed, and the Board is not in Executive Session or closed session.
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B. ADA Requirements
The Town strives to provide accessible meetings for people with disabilities. Assisted-
listening devices are available for use in the Board Room. If these or other accommodations are
required, the Town Clerk should be contacted for access information.
C. Actions
All actions are required to be in open meeting with the exception of instances in Section
4.09K. At a Meeting of the Town Board, the Board is free to take action on non-agenda items,
subject to any applicable notice requirements under the law.
D. Correspondence
All items distributed at a public meeting are public records, with the exception of written
materials protected by the attorney/client privilege. The content of documents protected by the
attorney-client privilege must not be cited or quoted in order to protect the privilege. (i.e.: Memo
from attorney regarding current litigation.)
4.12 Emergency Evacuation Plan
In the case of an evacuation due to an emergency all individuals shall exit the building
immediately through the closest door and proceed to the brick wall in the parking lot. Everyone
should wait at that location to determine whether everyone is out of the building. No one will be
allowed to re-enter the building until permission is given by the Ithaca Fire Department.
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Chapter 5. Rules of Order
By approval of the Board Protocol and Procedures Manual, the Town Board has adopted
the following rules of order to be followed at all Town Board meetings. See Appendix 5 for Rules
of Order at a Glance.
5.01 Basic Steps to Conducting Business
Specific requests or proposals that are presented to the Board for consideration and
possible action must be introduced in the form of a motion. Most often,proposed action items are
accompanied by a draft resolution clearly stating the proposed action. Some actions require a
public hearing either by law or by Board preference. A public hearing takes place prior to the
Board's deliberation on the proposed action.
1. If a public hearing is scheduled:
a. The Presiding Officer opens the public hearing and invites any person interested to
address the Board. The speaker's comments should be directed to the Board and
there should not be an expectation of a back-and-forth conversation. Often, a three
(3) minute limit is allowed per speaker.
b. The Presiding Officer closes the public hearing after receiving comments from the
public.
c. The Presiding Officer brings the matter back to the Board for discussion and
follows the procedure for all other action items.
2. When the item on the agenda is an action accompanied by a draft resolution, the Presiding
Officer will ask for a motion of the draft resolution as presented. If the motion is move
than a second is called for.
3. Once the motion has a mover and seconder, the Presiding Officer states the motion (if
necessary) and calls for discussion or debate on the motion. If there is material or
information to be presented, the Presiding Officer will ask the appropriate person to
address the Board.
4. The Board discusses the motion. During that discussion, when recognized, Board
Members may move appropriate amendments to the proposed motion.
5. Any changes to the motion are proposed as amendments.
6. Amendments may also be amended and then either accepted or rejected by vote of the
Board.
7. The Presiding Officer calls for any further discussion or debate.
8. The Presiding Officer restates the motion, if necessary, and calls for a vote on the motion.
9. The Presiding Officer states the results of the vote.
5.02 Meeting Decorum and Order
The Presiding Officer shall preserve decorum and decide all questions of order, subject to
appeal by any Board Member to the entire Board. The Presiding Officer will enforce the rules of
order at all times.
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5.03 Order of Discussion
In general, the Presiding Officer will follow the prepared agenda. However, on those
occasions when the Presiding Officer or a Board member believes that deviations are necessary or
convenient, or wishes to add an agenda item, they may propose changes. Reordering or additions
to the agenda will be accepted by consensus of the Board, or by majority vote of the entire Board,
if there is any objection to the change. When changing the order of discussion, it must be done so
as not to prevent or deny any member of the public the opportunity to listen to the discussion of
any agenda item.
5.04 Obtaining the Floor
A Board Member shall gain the recognition of the Presiding Officer by raising their hand
prior to making a motion or engaging in debate or discussion. When appropriate, the Town Board
Members may ask to respond to or ask questions of the public or staff. The term "debate" applies
to the discussion of the merits of any pending motion during a board meeting.
To facilitate speaking privileges in a fair and orderly fashion, the Presiding Officer will let
members know the order in which they can speak. When a motion is being debated, however,
there are three instances in which the Presiding Officer should assign the floor to a person who
may not have been the first to address the chair. These are:
I. The Board Member who makes a motion will be the first person recognized to speak to
the motion.
2. No member is entitled to the floor a second time in the meeting on the same motion as
long as another member who has not spoken on the motion desires the floor.
3. To make sure that board members are given the privilege of the floor in the order in
which they were recognized, the Presiding Officer will keep a written or mental list of
board members in the order in which they have been recognized by the Presiding
Officer. The Presiding Officer may recognize themself by so announcing to the Board
and placing themself on the list.
Upon being recognized by the Presiding Officer, members or the staff shall hold the floor
until completion of their remarks. Discussion continues until consensus is reached that the Board
is ready to consider the draft resolution of adoption or approval, or a motion to close debate "call
the question"has been passed by a majority vote of the entire Board.
5.05 Questions to and Comments from Staff
Board Members may address questions to the staff members. If a staff member believes
that they have information that is pertinent to the discussion, they may raise their hand to be
recognized to speak.
5.06 Making a Motion
Once the Presiding Officer has recognized a Board Member, the individual makes the
motion by saying, "I move that..." or "I move to..." and announcing what is proposed. A Board
Member does not commit to voting for a motion by moving or seconding it, they are just putting
the action on the table for discussion
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5.07 Seconding a Motion
After a motion has been made, another Board Member who wishes to see the motion
considered says, without obtaining the floor, "I second the motion," or simply, "Second." A
second merely implies that the member agrees the motion should come before the meeting, not
necessarily that the member favors it. If another member of the Board does not second the motion,
the Presiding Officer normally asks, "Is there a second to the motion?" If there is no second, the
Presiding Officer should say, "Since there is no second, the motion is not before this Board, and
moves on to the next agenda item. The purpose of a second is to prevent time being spent on.
motions that only one person wants to discuss.
5.08 Modify Motion by Maker
After the motion is made, the mover cannot modify or withdraw it without unanimous
consensus of the Board. For example, the mover may state, "With the consent of the Board I will
modify my motion to state as follows..." If no one objects, it shall be deemed that he/she has the
consent of the Board to modify his/her motion. When the mover modifies his/her motion, the one
who seconds it can withdraw his/her second.
5.09 Stating the Motion
After a motion has been made, the Presiding Officer may choose to repeat the motion if
they deem it appropriate and asks if there is any discussion. After the motion has been made and
seconded it is said to be pending. No other main motion may be made until the pending motion
has been disposed of. Motions relating to a pending main motion or procedural motions are
permitted.
5.10 Amendment to the Main Motion
When the main motion does not exactly suit the members of the Board, it may be changed
by means of amendment before it is finally voted upon. Once recognized by the Presiding Officer,
a Board Member may make the motion to amend by stating, "I move to amend the motion by..." --
-adding, striking out, or inserting.
A friendly amendment may be made, which clarifies the intent of the motion. It must be
accepted by the mover of the motion and the person who seconded the motion. Friendly
amendments require consensus of the board.
Other amendments to the main motion require a mover and a second; they are debatable
and must be related to or have bearing on the subject of the motion being amended. Amendments
may also be amended. If the motion on the amendment passes, the Presiding Officer puts the
amended motion to a vote. If the motion on the amendment fails, the Presiding Officer puts the
main motion, as originally presented, to a vote.
5.11 Postponement of Business
The Board may delay action on an agenda item or pending motion by voting to postpone
the item to a later time or date. This can be done regardless of how much debate/discussion has
taken place. The motion to postpone is debatable and requires a majority vote. The motion to
postpone takes one of two forms: either postponement to a fixed time or indefinite postponement.
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The fixed time cannot be later than the end of the next meeting. When a motion is postponed
indefinitely, it remains postponed until a member brings it up at a subsequent meeting.
5.12 Tabling a Motion
The motion to table the pending motion (i.e., the motion currently on the floor) is in order
at any time. If the motion to table is made and seconded, it is immediately voted upon. The
motion to table is not debatable. Therefore, no member of the board is allowed to make any
arguments for or against the motion to table. If four or more members vote to table, the motion to
table the debate is passed. The effect of the motion to table is identical to the effect of the motion
to postpone indefinitely. The main difference between the two motions is that postponing is
debatable, and tabling is not. Generally, members move to table a motion when they feel that the
debate on the pending motion has become so confused or acrimonious that the body is better
served by putting the pending motion aside and spending some time thinking about it than by
either passing or defeating it at the current meeting. Tabling can also be used to take up a motion
that is more urgent than the motion currently being considered. A tabled motion remains in limbo
until four or more members vote to "take the motion from the table" at the current or at any
subsequent meeting.
5.13 Voting Procedures
Town protocol encourages each Board member to vote yes or no on motions. Each Board
member shall vote (verbally or by raising a hand) on all questions put to the Town Board, unless a
conflict of interest is disclosed. If a Board member abstains, they are encouraged to state the
reason for the abstention. An abstention is counted as a no vote. Board Members have the right to
have the reasons for their yes or no vote entered into the minutes if they wish.
A conflict of interest shall be disclosed whenever appropriate and in compliance with state
law and the Town's code of ethics. The affected Board Member will not participate in the
discussion and will abstain from the voting process. Refer to Chapter 7 for further information
regarding Conflicts of Interest.
When the debate is terminated as described in 5.04, the Presiding Officer puts the motion
to a vote. Only those ordinances, resolutions, or main motions that receive an affirmative vote by
a majority of the entire Town Board shall be passed and become effective.
5.14 Other Protocol
To ensure that meetings of the Board emphasize the importance of the business being
conducted in a professional manner. Board Members and staff shall:
• Work to preserve appropriate order and decorum during all meetings.
• Discourage side conversations, disruptions, interruptions or delaying efforts.
• Introduce Points of Order, which must be addressed immediately
• Inform the Presiding Officer when the meeting deviates from the adopted agenda
• Inform the Presiding Officer when departing from the remainder of the meeting.
• People shall speak clearly into the microphone when addressing the body, both for the
accuracy of the record and so that the audience can hear the discussion.
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• Except where the Town Board is required to follow certain procedures as specified in
state law, Robert's Rules of Order (loth edition) will apply for procedures not covered
in this manual.
5.15 Questions Regarding Rule of Order
If a Board Member questions whether the rules of order are being properly followed, they
may interrupt the proceedings to raise a "point of order". The Presiding Officer will rule on the
point of order, and that ruling may be appealed to the body. The Presiding Officer may consult the
Attorney for the Town or the Town Clerk for advice regarding the Rules of Order. In cases where
serious errors in procedure are being alleged, the Attorney for the Town should give advice, even
when it has not been requested.
5.16 Adherence to Rules of Order
Town Board Members have both the right and responsibility to maintain decorum and
follow the adopted Board Protocol and Procedures Manual. A Board Member may raise a point of
order to draw attention to any problem that arises. Each Board Member shall have the duty and
obligation to review this Manual and be familiar with its provisions.
During the Town Board meeting's discussions, deliberations, and proceedings, the
Presiding Officer will be primarily responsible for ensuring that the Town Board, staff, and
members of the public adhere to the adopted Rules of Order.
5.17 Suspension of Rules
The motion to suspend the rules allows the body to change standing rules to allow a
standing rule of order to be ignored in a particular case and requires a majority vote of the entire
Board for passage. The motion must include the case and the rule to be ignored and applies only
to that case and rule. No rule required by state law or by a Town of Ithaca local law can be
suspended by this motion.
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Chapter 6. Board Correspondences
Board members communicate with the public in many ways as an essential part of their
role. This communication is needed to assess community opinions and needs, and to share the
vision and goals of the Town with constituents. Communication with staff is important in order to
provide policy direction and to gain an understanding of the implications of various policy
alternatives.
Because the Town Board performs as a body (that is, acting based on the will of the
majority as opposed to individuals), it is important that general guidelines be understood when
speaking for the Board. Equally important, the public should be so advised when members are
expressing personal views and not those of the Board.
6.01 Correspondence from Board Members
Typically, the Town Supervisor will be charged with transmitting the Town's position on
policy matters to outside agencies or individuals on behalf of the Town Board. Individual
members of the Board may correspond with constituents in response to inquiries, or to provide
requested information. However, this section does not preclude other individual members of the
Board from corresponding with constituents, other officials, members of the media, or the public at
large about town or other public policy
On occasion, members may wish to correspond on an issue on which the Board has yet to
take a position, or about an issue for which the Board has no position. In these circumstances,
members should clearly indicate that they are not speaking for the Town Board as a whole, but for
themselves as one member of the Board.
Town letterhead will be used only for official correspondences. Town letterhead must
never be utilized for personal or political purposes.
6.02 Freedom of Information Law
To ensure that communications submitted to and by elected and appointed officials comply
with the Public Officers Law, Article 6, sections 84-90, which is known as the Freedom of
Information Law, the following is set forth:
A. Correspondences - Generally
Generally, letters, memoranda, and electronic communication are public records. These
records shall be filed with the Town Clerk as the Records Management Officer. Inter and Intra-
agency communications, including discussions among Town Board members, need not be
disclosed, except for statistical or factual tabulations of data, instructions to staff that affect the
public, final agency policy or determinations or external audits. Copies of such letters,
memoranda, and electronic communication will be provided to the public or news media with the
filing of a Public Information Request or a Freedom of Information Law request through the Town
Clerk. Information will be provided unless it is an item that is not subject to disclosure.
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B. Written Correspondences
Written letters and memoranda received by the Town, addressed to the Board as a body, or
to an individual that do not meet the intra- inter-agency exception, will be forwarded to the Town
Clerk for proper filing and retention according to the Town's Records Retention Schedule.
Correspondences may also be placed in the Correspondence Folder to be presented at the next
Town Board meeting.
C. Electronic Correspondences
• Informal messages with no retention value and that do not relate to the functional
responsibility of the recipient or sender as a public official, such as meeting notices,
reminders, telephone messages and informal notes, could be deleted once their
administrative purpose is served.
• All messages that relate to the functional responsibility of the recipient or sender as a
public official constitute a public record.
• If a citizen sends an e-mail to a Board Member, they shall forward said e-mail to the
Town Clerk.
• E-mail should be used cautiously when seeking legal advice or to discuss matters of
pending litigation or other"confidential" Town business.
• E-mail bearing the Town's "return address" will not be used for personal use.
• When an individual Board Member has completed their term of office, staff will close
out any email account. Documents belonging to the Town shall be returned to the
Town Clerk for proper record retention filing.
For further information regarding record retention, emails and other records refer to the Town's
separate policies.
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Chapter 7. Conflicts of Interest - Code of Ethics, Liability of Elected
Officials, Workplace Expectations
7.01 Conflicts of Interest-Ethical Considerations
Conflicts of interest and ethical considerations are dealt with in the Town's Code of Ethics,
Chapter 32 of the Code of the Town of Ithaca. Refer to Appendix 7 for a complete copy of the
Code of Ethics.
A Board Member may request an opinion from the Attorney for the Town or the Ethics
Board concerning conflicts of interest.
7.02 Ethics Disclosure Statements
Among other things, Town Board members are required to annually file an ethics
disclosure statement. The Town Clerk's Department mails out annual disclosure statements in
February that must be returned by April 30th. The disclosure statements are a public record and
are filed in the office of the Town Clerk.
7.03 Liability
The Town must always approach its responsibilities in a manner that reduces risk to all
involved. Nevertheless, with such a wide variety of high-profile services (i.e., parks, roads, land
use), risk cannot be eliminated. To better manage insurance and risk, the Town participates in
risk- and loss-control activities.
It is important to note that violations of certain laws and regulations by individual members
of the Town Board may result in the member being personally liable for damages which would not
be covered by the Town's insurance. Examples may include discrimination,harassment, or fraud.
Chapter 28 of the Code of the Town of Ithaca addresses defense and indemnification of
employees and officers.
7.04 Workplace Expectations for Officials
The purpose of establishing workplace expectation for elected and appointed officials is to
create and ensure an ethical environment for the Town of Ithaca. There is an expectation that a
person will be responsible for their actions, respectful of others, and honest. Workplace
expectation standards will provide guidance to officials on the core principles and responsibilities
of good conduct during the performance of their duties. These standards represent guiding
principles and are not intended to anticipate all circumstances and situations that may be
encountered. The exercise of good judgment is expected at all times as officials are subject to
public view during and outside of public meetings.
If in doubt with regard to appropriate behavior or course of action, officials are strongly
encouraged to seek out guidance from others in the organization such as their peers, the Town
Supervisor, Attorney for the Town, Human Resources Manager or Finance Officer. If an official
suspects a serious breach of law, they should report that breach to the Ethics Board. An official
Final approved 1.24.2022 Town oflthaca Board Protocol and Procedures Manual --38
reporting a breach in good faith is free from reprisal for doing so, even if the reported breach is not
confirmed through investigation. Questions regarding the scope, interpretation, or application of
the expectations should be referred to the Human Resources Manager or Personnel & Organization
Committee.
Responsibility
Behave in a businesslike manner.
Fulfill commitments.
Take ownership and correct errors or omissions, and notify others affected.
Uphold policies, rules, regulations, and laws that govern the Town.
Report unethical or illegal conduct to the appropriate party.
Respect
Be inclusive by appreciating the differences others bring to the organization.
Listen to others' points of view.
Do not engage in or condone bullying, intimidating, antagonizing, or abusive behavior.
Be respectful of residents, customers, staff and co-officials.
Honesty
Support an environment in which one would feel safe to be open and honest and without fear of
reprisal.
Communicate and behave in an honest and timely manner.
Do not engage in or condone dishonest behavior for personal gain or at the expense of another.
Final approved 1.24.2022 Town of-Ithaca Board Protocol and Procedures Manual --39
Chapter 8. Board Compensation, Benefits and Support
8.01 Board Compensation
NYS Town Law, Section 27 provides for payment of a modest honorarium to members of
the Town Board. A seated Town Board may not fix a salary at an amount more than the amount
specified in the published notice of hearing on the preliminary budget. The Town Board
establishes salaries and rates of pay in the annual Town Budget.
The Town Supervisor and Town Board members are paid an annual salary that is paid out
bi-weekly. Planning Board, Zoning Board of Appeals and Conservation Board members receive
pay quarterly or annually based on the number of meetings they attended that quarter or year as
allowed by Town of Ithaca Code, Chapter 20, and Chapter 23.
8.02 Health and Dental Insurance
The Town provides Health Insurance for the employees, retirees, and Town Board
Members. A Town Board member may enroll with the Town's Health Insurance within 30 days
from taking office or annually during the open enrollment period. A Town Board member is
responsible for 50% of the monthly premium. A Town Supervisor that is considered full time (30
hours per week) is eligible to enroll with the Town's health insurance at a cost share equal to a
full-time employee working 35 hours per week or more. The Deputy Town Supervisor, if job
sharing with the Town Supervisor 50% or more, is eligible to enroll with Town's health insurance
at the same cost share as full-time employee working 35 hours per week. The insurance plan
offered to elected officials is the least expensive plan offered by the Town. None of the Town
Board Members are eligible for the Health Insurance Buy Back program.
The Town provides Dental Insurance for the employees, retirees, and Town Board
Members, with all paying 100% of the monthly premium. Town Supervisor and Deputy Town
Supervisor, who is job sharing 50% or more, are also eligible to participate in the Town's Flexible
Spending Program. Town Supervisor and Deputy Town Supervisor are not eligible for Town
provided Life Insurance.
8.03 Board Expenses
The Town budget includes appropriations for expenses necessary for members to undertake
official Town business. Funding provided includes membership in professional organizations,
attendance at conferences or educational seminars, purchase of publications and office supplies.
Contact the Finance Officer or Human Resources Manager for more information.
8.04 Office Equipment
To enhance Board Members' service to the community and their ability to communicate
with staff and the public, the Town provides meeting facilities and office equipment for Town
business. For those members of the Town Board who do not own a computer, the Town will
provide a computer on site, with Internet and e-mail capabilities, for Town business use. Town
Board members will be set up with an email account through the Town. While staff will maintain
those computer applications related to Town affairs, staff cannot provide assistance for personal
computer applications.
Final approved 1.24.2022 Town oflthaca Board Protocol and Procedures Manual --40
The Town's electronic equipment and information systems are intended for professional
business use in performing the duties of a Town Board Member. Limited personal use may be
permitted if it is incidental, occasional and of short duration. Refer to the Personnel Manual for the
Town's Information Technology Policy.
8.05 Mail and Deliveries
Members of the Town Board receive a large volume of mail and other materials that are
delivered primarily through the use of mailboxes located at the entrance to Town Hall. Individual
mailboxes are maintained for each Board Member by the Town Clerk's staff. Board Members are
encouraged to check mailboxes often. In addition, Town staff will email material that is time-
sensitive to a member, if necessary.
8.06 Meeting Rooms
There are conference rooms located at Town Hall and the Public Works Facility for Town
related meetings. Use of the conference room located at Town Hall may be scheduled with the
Town Clerk. Use of the conference room located at the Public Works Facility may be scheduled
with the Administrative Assistants at the Public Works Facility.
The meetings rooms can also be used for non-town related business. Contact the Town
Clerk for the Conference Room use policy and application.
8.07 Parking at Town Hall
The parking lot at Town Hall during normal business hours (8am — 4pm) is utilized by
Town staff. Parking spaces have been assigned to a specific staff member or town vehicle. A
space has been designated for Board member use, on a first come first serve basis. Refer to the
Human Resources Manager for more information.
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Reserved Designated Town P rking Spaces bike rack
Town S TOWN POST
Handicap Super- Plan Code Code Code Code T LOADING OFFICE
visor A DOCK LOADING
park I DOCK
R
P L A N T E R
B IJ I L D I N G
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Chapter 9. Additional Training and Resource Materials
9.01 The Association of Towns of the State of New York
146 State Street,Albany,NY 12207 - [518] 465-7933 FAX [518] 465-0724
www.nytowns.or
The Association is a voluntary, nonpartisan, nonprofit association comprised of all
incorporated towns in New York. The Association:
• serves as a resource for information
• provides news, reports, and reminders affecting towns
• acts as liaison to State agencies
• represents the interests of towns before the state legislature
• publishes training and information manuals for municipal leaders
9.02 New York State Office of the Comptroller
l 10 State Street, Albany, NY 12236 [(518) 474-4044]
www.ose.state.ny.us
9.03 New York State Town Clerks Association
www.nVstea.com
9.04 New York State Department of State-Division of Local Government
[(518) 473-3355]
www.dos.state.ny.us/7,1-ss/index.htm
9.05 New York State Department of State - Committee on Open Government
[(518) 474-251.8]
www.dos.state.ny.us/coo,-/coo,-www.html
Final approved 1.24.2022 Town of-Ithaca Board Protocol and Procedures Manual --42
9.06 New York State Unified Court System [(800)COURTNY]
www.nycourts.2ov
New York State Unified Court System
Office of Court Administration
25 Beaver Street
New York, NY 10004
9.07 New York State Planning Federation [(518) 270-9855]
www.nypf.or2
9.08 Cornell Local Roads Program 1(607) 255-80331
www.clrp.cornell.edu
9.09 Other Reference Materials on File
Other reference materials that may be of interest to the Board are on file with the Town
Clerk. Materials include:
• Association's Town Law Manual
• Code of the Town of Ithaca
• Personnel and Safety Manual
• Adopted Budget
• Comprehensive Plan
• Capital Improvement Plan
• Park and Open Space Plan
• New Neighborhood Code
• Ithaca Energy Code.
Final approved 1.24.2022 Town oflthaca Board Protocol and Procedures Manual --43
APPENDIX
Final approved 1.24.2022 Town oflthaca Board Protocol and Procedures Manual --44
TOWN BUDGET CALENDAR Appendix# 1
1. The Town's Chief Fiscal Officer 1. It is recommended that these budget
and Finance Officer furnishes worksheets be furnished to the units no
department heads or later than September 1. The CFO and
administrative units with budget Finance Officer have elected to provide
worksheets. department heads with budget worksheets
not later than July 30th.
2. Submission of estimates to the 2. On or before September 20th
CFO and Finance Officer. Finance Officer shall prepare estimates for
each administrative unit that fails to submit
detailed estimates Town Law, section 1.04
3. The Town's CFO and Finance 3. Not later than September 30th.
Officer files a"Tentative (Town Law, section 106)
Budget" with the Town Clerk.
4. The Town Clerk submits the 4. On or before October 5th
"Tentative Budget" to the Town (Town Law, section 106)
Board.
5. Revisions may be made by the 5. Prior to the public hearing.
Town Board in preparation of the (Town Law, section 1.06)
"Preliminar Bud et."
6. The Town Clerk shall give notice 6. At least 5 days prior to public hearings.
of a public hearing. (Town Law, section 1.08)
7. Public Hearing 7. On or before the Thursday immediately
following the general election. The
hearing may be adjourned from day to day
but not beyond November 15m
(Town Law, section 1.08)
8. The CFO and Finance Officer 8. After public hearing but prior to adoption.
shall make final revisions to the (Town Law, section 109)
"Preliminary Budget" as
discussed by the Town Board.
9. Adoption of"Final Budget." 9. Not later than November 20th.
(Town Law, section 109)
RESOURCES
Office of The State Comptroller Financial Management Guide
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TOWN CLERK Appendix #2
TOWN OF ITHACA
DEPARTMENT TOWN OF ITHACA
CLASSIFICATION UNCLASSIFIED
LABOR GRADE IF
APPROVED TB 6/95
REVISED TB 7/01 TB 5/06 TB 7/07 TB 11/09
DISTINGUISHING FEATURES OF THE CLASS:This is a major administrative position responsible for planning,
supervising and directing the operation of the Town Clerk Department. Work is performed in accordance with the
policies of the Town Board and requires considerable exercise of independent judgment especially as it relates to
the administration of Town Law, General Municipal Law, Public Officers Law, Real Property Tax Law, and Town of
Ithaca local laws and ordinances. Town Clerk shall also have such powers and perform such additional duties as
are or may be conferred or imposed upon him/her by law, including Town Law Section 30,and such further duties
as the Town Board may determine, not inconsistent with the law. The Town Clerk is a Town Officer and is
appointed by the Town Board for a two(2)year term commencing the first day of January next succeeding the next
biennial Town election (effective 2-10-1966;TB Resl. 1-10-1966). Attendance at a number of meetings, including
evenings, is required. The Town Clerk is authorized to appoint and terminate staff of the department, and prepares
and monitors the department budget and Town Clerk checking account. Does related work as required.
TYPICAL WORK ACTIVITIES: (Including, but not limited to.)
For a complete description see Town Law,Article 3,section 30, among other NYS laws:
Is custody holder of all records, books and papers of the town as the Records Management Officer and Freedom of
Information officer;
Attends all meetings of the Town Board, acting as clerk thereof, by keeping a complete and accurate record of the
proceedings of each meeting;The Town Clerk has no vote on any matters coming before the board;
Maintains an"Ordinance Book"and enters in such book a copy of each ordinance immediately after adoption by the
Town Board;
Records and indexes all local laws;
Files all documents, oaths of office and all other items to be filed with the town as the filing officer;
Notifies the Town Board of expirations of undertakings{oath of office)filed;
Is recorder of deeds of conveyances with the county clerk and maintains a file for the town;
Maintains record of all moneys received and deposits it into the Town Clerk checking account;
Certifies to the county clerk within 20 days after appointment the names and addresses of all appointed officers,
date of appointment and their term; On or before January 10,the Town Clerk shall file a certificate with the
Department of Audit and Control containing the names of all elected and appointed officers;
Notifies county clerk of vacancies in a town office and within 5 days after filling of a vacancy shall notify the county
clerk and Department of Audit and Control the name and address of the person elected or appointed to fill
the position;
Maintains a signboard at the entrance to the office for the posting of legal notices of the town;
Issues all licenses or permits and collects fees{i.e.: marriage, dog and handicap permits};
Receives liquor licenses and renewals and presents them to the town board for opinion;
Determines personnel requirements and is responsible for the appointment of staff in compliance with state law and
local civil service rules;
Causes claims to be numbered consecutively and abstract prepared; makes claims and abstract available for public
inspection; present claims to town board for auditing;then authorizes and directs town supervisor to pay
the approved audited claims;
Performs additional duties as conferred or imposed by the town board, not inconsistent with law;
Coordinates with General Codes to keep the Code of the Town of Ithaca updated;
Provides professional assistance to citizens and community organizations on matters pertaining to duties and policies
of the Town;
Provides incidental assistance to Town of Ithaca boards, committees and officials;
Administers the receipt of disclosure statements under the Ethics Law;
Maintains good and effective relations with the public;
Aids the Receiver of Taxes in the collection of town and county taxes,water rates, and sewer rentals;
Performs and oversees the transcription of accurate minutes of the Town Board, Planning Board and Zoning Board of
Appeals;
Prepares meeting information and documentation for board members;
Performs and oversees the advertisements of legal notices for the Town;
Assigns, reviews and evaluates the work of department staff;
Collects fees payable to the town;
Performs statutory duties related to fiscal functions;
Composes routine correspondences and answers information requests;
Performs a variety of clerical tasks including coordinating conference room scheduling.CONTINUED NEXT PAGE
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TOWN CLERK(CONT)
FULL PERFORMANCE KNOWLEDGE, SKILLS,ABILITIES AND PERSONAL CHARACTERISTICS:
Excellent administrative and supervisory skills;therefore,the ability to plan and supervise the work of others;
Working knowledge of personal computers and applicable software;
Working knowledge of electronic records management and indexing;
Ability to establish and maintain productive working relationships with others including residents,other town staff
and board members;
Ability to communicate effectively both orally and in writing;
Ability to follow and understand complex oral and written instructions;
Initiative; integrity; resourcefulness; good judgment;team player;
Ability to apply governmental budgetary principles and practices in preparing the department's operating budget;
Ability to compose correspondences and reports and maintain records;
Ability to maintain confidentiality;
Knowledge of town municipal government highly desirable;
Shows a commitment to continued professional development;
Physical condition commensurate with the demands of the position;
SUGGESTED MINIMUM QUALIFICATIONS: EITHER:
(a)Graduation from a regionally accredited or New York State registered four year college with a
Bachelors degree in public or business administration or related field and at least two(2)years of supervisory
capacity; OR
(b)Graduation from a regionally accredited or New York State registered two year college with an
Associates degree in public administration or business administration or related field and at least 2 years of full time
paid (or the equivalent part-time and or volunteer)experience in public or business administration,two years of
which must have been in a supervisory capacity; OR
(c)Graduation from High School or a High School equivalency diploma with at least some additional
college level business courses, specialized seminars or workshops, and at least six(6)years of full time paid (or the
equivalent part time and or volunteer)experience in public or business administration,two years of which must have
been in a supervisory capacity; OR
(d)Any equivalent combination of training and experience as described in (a), (b), or(c)above
SPECIAL REQUIREMENTS:
1. Must be a resident of the Town of Ithaca within 9 months of appointment and must maintain status as an elector of
the Town of Ithaca throughout the term of office. (Town Law section 23.)
2. Take and subscribe to the constitutional oath of office, and file such in the Town or County Clerk's office before
assuming any duties. (Town Law section 25.)
3. Yearly subscribe to and file Ethics Disclosure Statement related to Town of Ithaca Code of Ethics.
4. Execute and file in the County Clerk's office an official undertaking-a bond guaranteeing the faithful performance
of the office-or approval of the Town Board of the procurement of a blanket undertaking. The Town Board must
approve the form, amount and the sureties on the undertaking.
5. Notary Public license required within 6 months of appointment.
T10.doc 6/96:7/01:4/05: 5/8/06: 7/9/07: 11/09
Correspondence/jobdesc/Townclerk.doc
Final approved 1.24.2022 Town oflthaca Board Protocol and Procedures Manual --47
TOWN HIGHWAY SUPERINTENDENT /DIRECTOR OF PUBLIC WORKS appendix#3
Internal Job Description
TOMPKINS COUNTY
Department TOWN OF ITHACA
Classification UNCLASSIFIED SERVICE
Labor Grade S
Approved TB 1995
Revised TB 7/01,4/05,3/09, 10/19, 3/20
By Town Board
SUGGESTED MINIMUM QUALIFICATIONS:
(A) Graduation from a regionally accredited or New York State registered college or university with a bachelor's
degree in construction technology, public works, public administration, engineering or a closely related field,
and five years of experience in construction technology, public administration, engineering or public works or
public utility maintenance,or a loosely related field, with at least two years being in a supervisory position; OR
(B) Graduation from a regionally accredited or NYS registered college or university with an associate's degree in
construction technology, public works, public administration, engineering or a closely related field, and seven
years of experience in construction technology, public administration, engineering or public works or public
utility maintenance, or a loosely related field,with at least two years being in a supervisory position; OR
(C) Graduation from high school or possession of a high school equivalency diploma and ten years of experience
in construction technology, public administration, engineering or public works or public utility maintenance, or a
loosely related field, with at least two years being in a supervisory position; OR
(D) An equivalent combination of training and experience as defined the limits of(A)(B)AND(C)above.
SPECIAL NOTES:
1. Take and subscribe the constitutional oath of office and file such in either the Town or County Clerk's office,
before assuming duties.
2. The Highway Superintendent is a public officer and therefore must be a citizen of the United States, pursuant to
Section 3.1 of the New York State Public Officers Law.
3. Must be an elector of the Town of Ithaca within nine months of appointment and throughout the appointment.
4. Yearly filing of the Ethics Disclosure Statement related to Town of Ithaca Code of Ethics.
5. Possession of a valid NYS Driver's license and maintained for the duration of appointment.
6. Responsiveness to Town constituents and Town Board during emergencies and highly pressurized
circumstances. Salaried position. Available for emergency situations.
DISTINGUISHING FEATURES OF THE CLASS: This senior administrative and management position is responsible
for the planning, directing and supervising of all Department of Public Works facilities and functions including but not
limited to highway, water, sewer, parks, trails, preserves, walkways, sidewalks, storm-water, buildings and grounds as
established by Local Law. Work is performed in accordance with the policies of the Town Board and includes other
duties and powers as may be conferred by Town Law, General Municipal Law, and Public Officers Law or the rules and
regulations of the Department of Transportation including the powers and duties exercised or performed by Highway
Superintendents. The Highway Superintendent shall have the duties and powers conferred upon him/her by law,
including Town Law Section 32 and Highway Law section 140. The Town Highway Superintendent also serves as the
Director of Public Works. Position requires considerable exercise of independent judgement. The Town Highway
Superintendent/Director of Public Works has the responsibility for hiring, supervising, and discharging all employees of
the department. Attendance at night meetings required. Town Highway Superintendent/Director of Public Works is a
Town Officer and is appointed by the Town Board for a term commencing the first day of January next succeeding the
next biennial town election (effective 1-1-1960;TB Resl. 5-7-1959). Incumbent does related work as assigned.
Final approved 1.24.2022 Town oflthaca Board Protocol and Procedures Manual --48
TYPICAL WORK ACTIVITIES: (examples, but not limited to)
Assumes responsibilities for general administration and supervision of the Department of Public Works, including but
not limited to, personnel, office management, budget coordination, purchasing and fixed assets;
Manages all Public Works personnel functions including, but not limited to; adhering to collective bargaining
agreements and managing labor relations matters, staff training and development, reviewing and approving
work product, conducting and reviewing performance evaluations, recommending positions, making hiring and
promotion decisions, and handling employee discipline issues, all in compliance with state and local civil service
laws,Town's Diversity and Inclusion Statement and in coordination with the Town Board and Human
Resources;
Develops, recommends and implements policy initiatives and changes in line with Town Board priorities such as
emergency management,sustainability and carbon reduction initiatives;
Reviews and inspects staff work and field operations, identifying and implementing changes and improvements;
Coordinates with Deputy Highway Superintendent, Parks Maintenance Manager and Water&Sewer Maintenance
Supervisor in the planning, scheduling and completion of short and long term projects;
Prepares and maintains annual department budget according to the town board guidelines and Town Law;
Collaborates with Director of Engineering regarding Public Works issues such as appointment of technical staff,
technical issues, and Road Use Agreements;
Collaboration with the Director of Engineering in the development of the Town's capital improvement program and
projects for approval;
Collaborates with all Town department supervisors to oversee the day to day operations of the Town;
Coordinates joint projects with other departments,governments, residents, and agencies;
Collaborates with other governments or agencies on water, sewer and other intermunicipal shared services
agreements;
Provides leadership in maintaining good and effective staff and public relations;
Responds to inquiries and interacts with constituents, contractors and developers on matters related to the Department
of Public Works;
Collects all penalties as prescribed by Town Law,Town of Ithaca Local Laws and Ordinances related to the department;
Maintains and is responsible for the department petty cash fund;
Brings action in the name of the town against any person or corporation to sustain the rights of the public according to
law;
Provides technical assistance to the Town Board and other boards, committees, officials and staff from other
departments;
Monitors compliance with federal, state and town laws, regulations, codes and policies;
Acts as the Town Safety Officer and Co-chairs Town's Safety Committee;
FULL PERFORMANCE KNOWLEDGE, SKILLS,ABILITIES AND PERSONAL CHARACTERISTICS:
Thorough knowledge of the practices,techniques,tools, equipment, materials and safety precautions of highway
construction, snow removal, maintenance and repair of roads, parks,water,sewer,stormwater, and facilities;
Working knowledge of the operations and abilities of heavy equipment operations, mechanics and construction;
Good knowledge of the modern methods and principles of construction and maintenance of public works items;
Ability to plan, organize and coordinate complex and diverse phases of public works project and programs;
Ability to prepare operating budgets, schedules and reports;
Ability to compose correspondences, reports, and maintain records;
Working knowledge of governmental organization and budgetary procedures;
Good knowledge and use of personal computers;
Knowledge of federal, state, and town laws, regulations, and ordinances;
Ability to supervise and direct the work of others creating a strong leadership environment that is inclusive of all;
Ability to read and interpret engineering plans and specification;
Ability to establish and maintain effective working relationships with other public officials, contractors, engineers,
architects,lawyers and the general public;
Ability to be firm, tactful, courteous and use good judgment;
Ability to communicate effectively, orally and in writing;
Ability to understand and carry out complex oral and written instructions;
Ability to maintain confidentiality;
Possession of high professional standards, integrity and honesty;
Physical condition commensurate with the demands of the position.
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TOWN OF ITHACA
STANDARDS OF CONDUCT Appendix# 4
PUBLIC HEARING and PERSONS TO BE HEARD
Public Participation
Public Hearing Procedure: The Presiding Officer will open the public hearing at the appropriate
time and ask the Town Clerk for proof of posting and publication. The Presiding Officer will
announce receipt of any written comments. Then the Presiding Officer will ask that any persons
wishing to be heard make themselves known. The following procedures will then be followed:
1. Persons wishing to be heard by the Town Board must first be recognized by the
Presiding Officer. All persons wishing to be heard will have the opportunity to speak
2. Each person recognized by the Presiding Officer to speak will make their presentation
at the table and microphone provided and direct their comments to the Town Board.
Upon reaching the microphone, the speaker will be invited give their name and address
for the public record. All documents to be presented to the board must be given to the
Town Clerk for distribution to the board.
3. All speakers will be allowed 3 minutes to make their presentation, unless extended by
the Presiding Officer, so that all those wishing to address the Board will have an
opportunity to do so.
4. After all persons have been heard, the Presiding Officer shall use their discretion as to
whether anyone will be given the opportunity to address the Town Board more than
once.
5. The use of profanity or being disrespectful is inappropriate. The Supervisor will.
issue a warning to the speaker and shall have the option of asking the speaker to step
away from the table/microphone if the inappropriate language continues.
6. Disruptive behavior including, but not limited to, chanting or the use of signs that are
obtrusive or that contain defamatory or obscene language, will not be tolerated.
The Presiding Officer will close the public hearing after all persons have been heard. The Town
Board will then discuss and consider the issue. The Town Board may also ask questions of staff.
Comments from the public after the public hearing has been closed will not be allowed unless by
consent of the Presiding Officer.
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RULES OF ORDER AT A GLANCE Appendix# 5
Below are some motions you might make,how to make them and what to expect of the rules.
To do this: You may say this: Do you need Is it debatable? Can it be
a second? amended?
Adjourn "I move to adjourn." Yes No No
meeting
Table a motion "I move to table the Yes No No
(Temporarily motion."
suspend
consideration of
an issue.
End debate "I move the Yes No No
question."
Postpone "I move to postpone Yes Yes Yes
discussion the discussion
until..."
Refer to "I move to refer the Yes Yes Yes
committee matter to committee."
Amend a "I move to amend the Yes Yes Yes
motion motion by..."
Kill main "I move that the Yes Yes No
motion motion be postponed
indefinitely."
Introduce a "I move that [to]..." Yes Yes Yes
matter
Enforce the "Point of Order" No No No
rules
Take from the "I move to take from Yes No No
table the table...."
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BOARDS/COMMITTEES APPENDIX#6
ELECTED OFFICIALS
Town Board
Town Justices
OTHER BOARDS
Planning Board
Zoning Board of Appeals
Conservation Board
Ethics Board
Records Management Advisory Board
TOWN COMMITTEES
Agriculture Committee
Budget Committee
Codes and Ordinances Committee
Employee Relations Committee Planning Committee
Personnel and Organization Committee
Public Works Committee
Safety Committee
INTERMUNICIPAL BOARDS/COMMITTEES
Cayuga Lake Watershed Management Plan Intermunicipal Organization
Cayuga Medical Center
Community Housing Development Fund(CHDF)Program
Greater Tompkins County Municipal Health Insurance Consortium
Ithaca Board of Fire Commissioners
Ithaca College Community Work Group
Ithaca-Tompkins County Transportation Council(ITCTC)
Local Waterfront Revitalization Program Oversight
Cable Access Oversight Committee
Recreation Partnership Board
Southern Cayuga Lake Intermunicipal Water Commission-Bolton Point
Special Joint Committee of the Ithaca Area Wastewater Treatment Facility
Tompkins County Environmental Management Council
Tompkins County Joint Youth Commission
Tompkins County Council of Governments
Tompkins County Youth Board
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Chapter 32, ETHICS, CODE OF APPENDIX#'7
[HISTORY:Adopted by the Town Board of the Town of Ithaca 1-13-1992 by L.L.No.4-1992.Amendments noted
where applicable.]
GENERAL REFERENCES
Defense and indemnification--See Ch. 28.
§32-1. Purpose; effect on statutory provisions.
A. The purpose of this chapter is to establish minimum standards of conduct to help ensure that the business of
government is free from improper influence that may result in opportunities for private gain. The Town of Ithaca
recognizes that public officials must exercise their official duties solely in the public interest, and must avoid even the
appearance of conflict of interest. The standards and guidelines set forth in this chapter are intended to minimize
unwarranted suspicion and to avoid potential conflicts of interest before they arise. Notwithstanding any specific
omissions in this chapter, it is the responsibility of public officials to come forth with information regarding personal
involvement in matters before the Town and to avoid associations or actions that may interfere with the proper
discharge of their public duties.
B. The rules of ethical conduct of this chapter shall not conflict with but shall be in addition to those of§§ 810
through 813 of the General Municipal Law and any other general or specific law relating to ethical conduct and
interest in contracts of municipal officers and employees.However,to the extent the provisions of this chapter conflict
with the provisions of§§ 810 through 813 of the General Municipal Law regarding the filing of disclosure statements
and the materials to be disclosed,it is intended that the provisions of this chapter shall supersede the analogous
provisions of the General Municipal Law.
§32-2. Applicability.
A. Unless otherwise specified,this chapter shall apply to all elected and appointed officials(hereinafter referred
to as"officials")and department heads("employees")of the Town of Ithaca("Town"),including the Town Board
(specifically including the Supervisor),Planning Board,Zoning Board of Appeals,advisory boards,and any
committees and subcommittees thereof,the Town Clerk,Receiver of Taxes,Highway Superintendent,Town Engineer,
Town Planner,Zoning Officer/Building Inspector,and Town Attorney(whether paid as a Town employee or retained
under separate contract or agreement).EN
B. For purposes of this chapter, "family" shall include an official's or employee's spouse or equivalent member
of a household sharing living expenses,and any of the following,if residing with the official or employee: child,
stepchild,brother, sister,parent,dependent.
§32-3. Annual disclosure.
A. Applicability. With the exception of members of citizens'advisory boards,this section shall apply to all Town
officials and employees as defined in§ 32-2. Said individuals shall file with the Town Clerk a signed disclosure
statement:
(1) Within 120 days of the effective date of this chapter;
(2) By April 30 of each year thereafter; and
(3) Within 30 days of a significant change in the information already on file, specifically including,but not
limited to,the acquisition of any real property(as described below).
B. Such disclosure statements shall be kept on file as public record by the Town Clerk. Public notice of the
existence and availability of such file shall be made annually:
(1) By legal notice in the newspaper of record;
(2) By announcement by the Town Supervisor at the May Town Board meeting;
(3) By notice in the first Town newsletter following the April 30 filing date;
(4) By posting of notice conspicuously in Town Hall.
C. Matters to be disclosed shall include holdings or associations with any or all of the following within the
twelve-month period up to and including the time of filing:
(1)The location of any real property within the Town of Ithaca and outside the Town contiguous to its
immediate boundaries,in which the official or employee or his or her family,has whole or part ownership or any
Final approved 1.24.2022 Town oflthaca Board Protocol and Procedures Manual --53
other significant financial interest[for this purpose,a"significant financial interest" shall mean an ownership
interest of more than 10%or a security interest in the property(such as a mortgagee)of more than$100,000];
(2)The name of any partnership or unincorporated business(located in the State of New York or which
does business in the State of New York)or unincorporated association(which does business with the Town of
Ithaca),of which the official or employee or family member is a member,officer,or employee or has a
significant proprietary interest(for this purpose a"significant proprietary interest"is an ownership interest of
more than 10%),and a description of the nature(position,duties)of their affiliation; [Amended 9-12-1994 by
L.L.No. 6-1994]
(3)The name of any corporation organized for profit(located in the State of New York or which does
business in the State of New York)or organized not for profit(which does business with the Town of Ithaca)of
which the official or employee or family member is an officer,director,or employee,or owns or controls,
individually or in combination,more than 10%of the outstanding stock,and a description of the nature(position,
duties)of their affiliation; [Amended 9-12-1994 by L.L.No. 6-1994]
(4)The nature of any self-employment from which the official or employee or a family member has
derived gross income of more than$5,000 during the previous 12 months.
D. If an official or employee practices law,is licensed by the New York State Department of State as a real
estate broker or agent,practices a profession licensed by the New York State Department of Education,or is involved
in a corporation or business described in Subsection C above,the disclosure statement shall include a general
description of the principal subject matters undertaken in the stated practice,including the nature of the clients'
businesses.This disclosure shall not include the names of individual clients.
E. Interest in any contract held with the Town.
§32-4. Gifts.
A. Officials,employees,their spouse/equivalents,or any person or entity acting on their behalf may not solicit or
accept monetary gifts or loans of any amount or promise thereof,or any gift,including services,entertainment,thing,
or promise thereof,having a value of$75 or more,from any person or agent of a person, corporation,partnership,
unincorporated association or other entity who the official or employee knows is considering or has had,within the
previous 12 months,any business dealing with the Town of Ithaca that involves any discretionary act by the official or
employee.
B. Refreshments or meals that are provided as part of an informational presentation in a group setting or as part
of a reception shall not be considered gifts under this section.
§ 32-5. Confidentiality.
Except as required by law,officials and employees may not disclose confidential information acquired during the
course of their official duties or use such information to further their personal interests or the personal interest of their
families.
§32-6. Conflict of interest prohibited.
A. Other than acting solely on behalf of himself/herself,no official or employee may act as a representative
before the Town for any entity,including boards and commissions on which the official or employee has represented
the Town,that has a business dealing,including requests for rezoning,variances,legislation,bids on contracts,or any
other matter before the Town during his or her term of office or employment with the Town. In cases in which an
official or employee represents himself or herself on a matter before the Town,he or she will refrain from voting or
otherwise taking discretionary action on the matter,as provided in§ 32-7 of this chapter.
B. For a period of four years after termination of his or her term of office or employment with the Town,other
than acting solely on behalf of himself/herself,no former official or employee may appear before the Town,including
boards and commissions on which the official or employee has represented the Town, in relation to any matter upon
which he or she took any discretionary action during his or her term of office or employment with the Town,unless
requested to provide information by the Town.
C. A Town official shall exercise due diligence in avoiding conflict of interest when voting on matters brought
before the Town by entities with whom the official is employed as a non-officer.Any action that could reasonably be
Final approved 1.24.2022 Town oflthaca Board Protocol and Procedures Manual --54
interpreted as potentially benefiting the official's career advancement,salary,or standing within an organization(e.g.,
a vote on a matter that falls within the official's direct purview as an employee of the entity appearing before the
Town) shall be deemed a conflict of interest and subject to the provisions of§ 32-7 of this chapter.
§32-7. Recusal from voting or other discretionary act. [Amended 7-12-1993 by L.L.No.6-19931
A. Definitions.For purposes of this section the following definitions shall apply to acts under this section:
CONTRACT --Any claim,account or demand against or agreement with a municipality,express or implied,and
shall include the designation of a depository of public funds and the designation of a newspaper,including but not
limited to,an official newspaper,for the publication of any notice,resolution,ordinance,or other proceeding where
such publication is required or authorized by law. "Contract" shall also include, for the purposes of this section,an
approval or denial of a rezoning,subdivision,or variance,and shall also include a determination of environmental
significance.
INTEREST --A direct or indirect pecuniary or material benefit accruing to a Town of Ithaca officer or employee as a
result of a contract with the Town which such officer or employee serves.For the purposes of this section a Town of
Ithaca officer or employee shall be deemed to have an interest in the contract of:
(1)His/her spouse,minor children and dependents;
(2)A person,business,or other entity who has given campaign contributions of more than$1,000 in the
aggregate during the official's last political election;
(3)Business partners,or a business,association,or other entity of which the official or employee is an
owner,partner,officer,director, or significant shareholder as described in§ 32-3 of this chapter;and
(4)A person,business,partnership,corporation,or other entity who is represented in a professional
capacity(such as attorney-client or real estate broker-customer)by the official or employee or by any business,
partnership,corporation or other entity of which the official or employee is an owner,partner,officer,director or
significant shareholder as described in§ 32-3 of this chapter.
B. Prohibited actions.Whenever an official or employee is called upon to vote on,advise on,or otherwise take
discretionary action on a contract before the Town in which the officer or employee has an interest,the officer or
employee shall immediately declare the nature of the interest and shall refrain from taking any action or inaction that
would affect the outcome of the matter. Such declaration shall be made a part of the public record concerning the
matter.
C. Interpretation.All instances involving the appropriateness of abstention from discussion and voting by a
member of a Board by virtue of Subsection B above may be referred to the Ethics Board,who will render an opinion
on the propriety of such voting within 30 days. Such interpretive opinion may be requested by any member of the
Board.
D. Whenever any Board member becomes aware of a possible vote in conflict with Subsection B above
involving such Board member or any other Board member,he or she may raise the issue at the meeting and request the
matter be referred to the Ethics Board hereafter created.
§32-8. Land speculation.
A. Large-scale land speculation by Town officials who are members of the Town Board,Planning Board,or
Zoning Board of Appeals may be perceived as an abuse of the privilege of office. For example it is recommended that
during his or her term of office and for a period of 12 months thereafter, such official,his or her spouse/equivalent,
and his or her business or other entity of which the official or spouse/equivalent is an owner,partner, officer,director,
or holder of controlling interest, shall not acquire real property,or any financial or development interest in real
property, of more than a total of 25 acres zoned residential,or more than five acres zoned commercial anywhere in the
Town of Ithaca or its contiguous boundaries,for purposes other than the official's primary residence. Land purchased
in an agricultural district for agricultural use is excluded from this recommendation.A failure to comply with this
section shall not be a violation of this chapter.
B. During his or her term of office,no member of the Town Board,Planning Board,or Zoning Board of Appeals
or his or her spouse/equivalent shall enter into a business relationship with any other member of said Boards for the
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purpose of buying,selling, developing,or holding real property in the Town of Ithaca or outside the Town contiguous
to its immediate boundaries.
§32-9. Inducement of violations.
Any person who intentionally induces any official or employee to take any action or refrain from taking any action,
which action or inaction violates any provision of this chapter, shall be guilty of a Class A misdemeanor,and shall be
barred from doing business with the Town of Ithaca for a period of five years.
§32-10. Claims against Town.
Nothing herein shall be deemed to bar the timely filing by a present or former official or employee of any claim,
demand,or suit against the Town on behalf of him/herself or his/her family arising out of any personal injury or
property damage or for any lawful benefit,or from receiving a municipal service or benefit that is generally available
to the public.
§32-11. Establishment of Local Ethics Board.
A. Pursuant to the provisions of§§ 810 through 813 of the General Municipal Law, as amended,the Town of
Ithaca does hereby establish a local Ethics Board of five persons to review the annual disclosures and conflict of
interest disclosures and cause copies of both to be filed with the Temporary State Commission on Local Government
Ethics;to review annually this Code of Ethics and recommend to the Town Board any changes which it deems
appropriate;to render advisory opinions on any matter of ethical conduct of Town officials and employees,on its own
initiative or at the written request of any Town Board,official,employee,or private citizen.The Ethics Board shall
have the power to conduct investigations,refer cases to the Town Board for consideration of whether to commence
criminal prosecution,or to commence suit in the Supreme Court of the State of New York on behalf of the Town for
injunctive relief to enjoin a violation or compel compliance with this chapter. The Ethics Board may establish rules for
its own operations,but whether included or not,the following procedures shall pertain to its activities:
(1)The Ethics Board shall state in writing the disposition of every request for opinion and every
investigation it conducts,and the reasons for the disposition.All such statements and written requests shall be
kept on file as public record.
(2)Any changes in this chapter that are recommended by the Ethics Board shall,to the extent
reasonably possible consistent with the other responsibilities of the Town Board,be discussed and acted upon by
the Town Board in open session at a regular meeting within two months of the issuance of the recommendations.
Any amendments to this chapter must be filed within 30 days with the Temporary State Commission on Local
Government Ethics.
(3)The Town Board may make available to the Ethics Board such meeting space,clerical support,and
expense reimbursement as the Town Board,in its discretion and consistent with budgetary constraints,deems
advisable.
(4)The Ethics Board may not conduct investigations of itself or any of its members.Complaints against
any member of the Ethics Board shall be made to the Temporary State Commission on Local Government Ethics.
B. Appointment and removal.
(1)Members of the Ethics Board shall be appointed by the Town Board of the Town of Ithaca and may
be nominated by any member of the public.
(2)Ethics Board members may be removed by the Town Board for reasons of gross misconduct,
substantial neglect of duty,or inability to perform the duties of office,or upon recommendation by the
Temporary State Commission on Local Government Ethics.
C. Term of office.The term of office of Ethics Board members shall be five years,except that for the first five
appointees,terms shall expire on December 31 of the year in which the Board was created,and of the first,second,
third,and fourth year thereafter,respectively.No member shall serve more than two consecutive terms.
D. Qualifications.
(1)Members of the Ethics Board shall be chosen from among Tompkins County residents.
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(2)No Ethics Board member shall hold office in any political party;for this purpose membership on a
town,county, state,or national party committee shall not be deemed to be holding office in a political party;
provided,however,that any person who is a chairperson,vice chairperson, secretary,treasurer,or the holder of
any similar office in a town,county, state,or national party committee shall be deemed to be holding office in a
political party. [Amended 10-5-1992 by L.L.No.21-1992]
(3)No more than two Ethics Board members may be from the same political party.
(4)From the period of 12 months prior to appointment throughout his or her term of office,no Ethics
Board member or member of his or her family shall hold elected or any other appointed office or employment
with the Town of Ithaca,except as a member of a citizens'advisory board.
(5)From the period of 12 months prior to appointment throughout his or her term of office,no Ethics
Board member shall be a party to any proceeding before the Town of Ithaca or have business dealings with the
Town of Ithaca other than normal,routine,ministerial requests such as applications for building permits,
certificates of occupancy,marriage licenses,or other similar ministerial matters.
(6)Members of the Ethics Board shall be subject to the provisions of this chapter.
§32-12. Distribution of Code of Ethics.
A. Within 10 days of this chapter's enactment,the Town Clerk shall post a copy of this chapter conspicuously
and permanently in the Town Hall in a manner allowing public perusal of its provisions. Copies of the law shall also
be made available by the Town Clerk to members of the public upon request under provisions of the Freedom of
Information Law.
B. Within 30 days of this chapter's enactment,the Town Clerk shall distribute a copy of this chapter to all
officials and employees identified in§§ 32-2 and 32-3.Each official and employee elected or appointed thereafter
shall be given a copy of this chapter before entering upon the duties of his or her office.
C. The Town Clerk shall distribute copies of this chapter to the members of the Ethics Board upon their taking
office.
§32-13. Penalties for offenses.
Violation of this chapter will be a Class A misdemeanor subject to the penalties provided in§ 813 of the General
Municipal Law,including forfeiture of office or employment and liability for all damages and fines.Penalties include
a civil penalty not to exceed$10,000 for knowingly and willfully failing to file a financial disclosure statement or for
knowingly and willfully making a false statement with intent to deceive.Notwithstanding the foregoing,a person
subject to this chapter found for the first time to be in violation of its terms by reason of failing to file or make a
required disclosure statement shall be subject to a maximum civil penalty of$500 or a maximum criminal fine of
$500.Any such person found for the second time to be in violation of the terms of this chapter by reason of failing to
file or make a required disclosure statement shall be subject to a maximum civil penalty of$1,000 or a maximum
criminal fine of not more than$1,000. The third and any succeeding such violations shall be subject to the penalties set
forth in the first sentence of this section.
§32-14. When effective.
This chapter shall take effect immediately after it has been filed with the New York State Temporary Commission on
Local Government Ethics.
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Glossary of Terms
Abstract: listing of vouchers with name of claimant, amount allowed and the fund and
appropriation account chargeable
Adj ourn: to end the meeting
Agenda: a summarization of items scheduled to be heard and acted upon at a public meeting
Amend: to change a motion
Board packet: a compilation of the meeting's agenda and supporting materials to be considered by
the Town Board at the next Town Board meeting.
Conflict of interest: exists when a Board Member may have a financial interest in, or may
materially benefit from, the outcome of a Board action (see Town Code Sections 32-6 and
32-7). When a conflict of interest exists, a Town official must declare such and refrain from
participating in or influencing the discussion or vote on the item
Consent agenda: a listing of routine or non-controversial items presented to Board for their
collective approval
Decorum: behavior that is conducive to carrying on debate in a smooth and orderly manner.
Local Law: a local law is a legislative action by the Town Board. Local laws are adopted under
home rule authority, which is given to towns by the New York State Constitution and
implemented by the New York Municipal Home Rule Law and Statute of Local
Governments. Home rule authority enables a town to enact local laws pertaining to a broad
array of subject matters, not just those specifically delineated by the New York State
legislature. A town may also supersede certain provisions of state law by local law. Local
law has the same prestige and carries the same weight and authority as a state statute enacted
by the State Legislature.
Main motion: introduces an item of business to the Board for its consideration. A main motion
cannot be made when another motion is before the Board. A main motion yields to
privileged, subsidiary and incidental motions
Majority: four(4)board members of a seven (7) member board
Miscellaneous motions: not conveniently classified as subsidiary, incidental, or privileged, but
which are commonly used. These include: (1) take from the table; (2) reconsider; and (3)
rescind
Motion: a proposal that the Board take a stand or take an action on some issue
Municipal code: a compilation of all local laws and ordinances currently in effect in the Town.
The Town Clerk maintains the municipal code book.
Ordinance: a legislative action by the Town Board that is specifically authorized by a New York
State statute. The types of subject matters that a Town can address by ordinance are more
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restricted than those that can be addressed by local law. In addition, a town does not have
the ability to supersede state law by ordinance.
Quorum: the number of members that must be present for the meeting to be called to order and to
conduct business legally. A quorum of the Ithaca Town Board consists of four members.
Resolution: a formal expression of intent or public policy of the Town
Rules of Order: a set of rules for conduct at meetings. It allows everyone to be heard and to make
decisions without confusion.
Second: a verbal signal from a member that he or she wishes to consider a motion just made
Special meeting: a non-regularly scheduled public meeting of the Town Board held to act on an
item(s)requiring immediate consideration.
Super Majority 5 board members
Voting: the means by which motions are accepted or rejected by the Town Board
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