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Home My WebLink AboutTB Minutes 2006-02-06Special Meeting of the Ithaca Town Board Monday, February 6, 2006 at 7:00 p.m. 215 North Tioga Street, Ithaca, New York AGENDA 1. Call to order 2. Pledge of Allegiance 3. Committee Presentation of Draft Board Protocol and Procedures Manual 4. Consider motion to substitute Councilman Stein's draft manual in place of draft submitted by the Board Policy and Protocol Committee 5. Discussion of Draft manual and consideration of changes 6. Consider Adjournment February 6,2006 Special Town Board Meeting Approved March 13, 2006 Special Meeting of the Ithaca Town Board Monday, February 6, 2006 at 7:00 p.m. 215 North Tioga Street, Ithaca, New York CALL TO ORDER: Supervisor Valentino called the meeting to order at 7:00 p.m. and led the assemblage in the-Pledge of Allegiance. THOSE PRESENT: Supervisor Valentino, Councilman Burbank, Councilman Engman, Councilman Stein, Councilwoman Leary STAFF PRESENT: Tee-Ann Hunter, Town Clerk; Susan Brock, Attorney for the Town; Dan Walker, Director of Engineering; Jonathan Kanter, Director of Planning; Al Carvill, Budget Officer; Judy Drake, Human Resources Manager EXCUSED: Councilwoman Gittelman, Councilman Cowie, Highway Superintendent Noteboom Agenda Item No. 3 - Committee Presentation of Draft Board Protocol and Procedures Manual (Attachment #1 - PowerPoint Presentation) Ms. Drake gave a brief presentation of the Draft Protocol and Procedures Manual Agenda Item No. 4 - Consider motion to substitute Councilman Stein's draft manual in place of draft submitted bv the Board Policv and Protocol Committee (Attachment #2 - Councilman Stein's version of the manual and committee's version) Brnr.k' s Version Councilman Stein proposed that the Board work from the copy of the draft manual that he circulated via email at 10:53 a.m. on Monday, February 6, 2006. Councilman Stein explained that he has been reading through the drafts as they came out of committee and made proposals for changes, some of which were accepted, some of which were not, some of which he has since thought not wise. After getting the final draft, Mr. Stein stated he went through it one more time and wrote down what he thought were changes that could be made to improve it. He spoke to various members of the Board about their opinions on what do, but the final version is his. After he sent an earlier version around to everybody via email a week ago Monday, he got Attorney Brock's marked up copy. He went through her copy and adopted most all her changes; with the exception of 4 that he thought might be controversial. Ms. Leary asked what would happen to the appendices. Mr. Stein told her the appendices stay in. He felt the manual was an ongoing effort and had read the appendices. He would tack the appendices on to his draft and that would be the document he would want to work with. Mr. Engman reported that the committee did not have a chance to go through the appendices carefully and he strongly recommended they hold off on them until they could take a better look at it. He felt there were quite a few changes that needed to be made and did not think there was time to do that before adopting the rest of the manual. He hoped they could adopt something without the appendices and do that later. n February 6, 2006 Special Town Board Meeting Approved March 13, 2006 Supervisor Valentino was hopeful the Board could, if they reached consensus, make a recommendation back to the committee for one more thorough review. In light of the many versions of the draft and Councilman Cowie's absence. Supervisor Valentino felt the committee should do a final review to make sure that everything the Board wants is in the manual. The Board could do their final adoption after the committee has done their final review. Supervisor Valentino did not have any difficulty working from Councilman Stein's latest version. In answer to questions from Ms. Hunter regarding the wording of the Board's motion, Mr. Stein stated he was moving his version as a substitution for the version that was presented. Supervisor Valentino asked if he was asking the Board to adopt his version as the draft to work from. She did not feel the Board could adopt something without going through it. Mr. Stein responded stating this was standard procedure in Roberts Rules; a committee presents a motion, somebody else on the floor has a right to move to substitute another motion for that motion, it isn't adopting it, it's substituting it, to then debate the motion. If that passes, then the substituted motion becomes the main motion and then is debated and amended and eventually disposed of. Mr. Stein stated he was moving to substitute his version for the original document that was passed around. Mr. Burbank added, "as a draft to be discussed". Mr. Engman stated that, in effect, it's a moot point because the Board is going to be discussing the draft and by voting on accepting Councilman Stein's version they have not voted on adopting It. At some point the Board will have to vote to adopt the manual. IB Resolution No. 2006-036: Approve Substitution of Councilman Stein's Draft Board f^j Protocol and Procedures Manual I BE IT RESOLVED that the Town Board of the Town of Ithaca substitute, for purposes of review, the Draft Board Protocol and Procedures Manual circulated via email at 10:53 a.m. on Monday, February 6, 2006 by Councilman Stein for the draft manual presented by the Board Policy and Protocol Committee. MOVED: Councilman Stein SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye Manual Forward Supervisor Valentino asked Attorney Brock if, at some point, they should think about putting a disclaimer that basically says if one part is found not to be part of the law it does not invalidate the rest of the document. Attorney Brock did not think it was needed because the document was not a law. The Board was satisfied with the Fonward as presented with the exception of inclusion of a ^ Resolution Number upon adoption. ! 0^ February 6, 2006 Special Town Board Meeting Approved March 13, 2006 Chapter 1 1.01 - Purpose of Board Protocol and Procedures Manual Supervisor Valentino asked that Planning Board and Zoning Board of Appeals be removed because, under law, those Board set their own rules and regulations. It is something the Town Board has no authority to do. TB Resolution No. 2006-036a BE IT RESOLVED that the words "Planning Board and Zoning Board of Appeals" be deleted from section 1.01. MOVED: Supervisor Valentino SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. TB Resolution No. 2006-036b BE IT RESOLVED that "agreement of the Boards'" be changed to read "agreement of the Board". MOVED: Councilwoman Leary SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. Oath of Office Councilwoman Leary reported having seen other oaths of office that ask, "do you swear or affirm". She stated she thought it goes to the meaning of the word swear where it kind of assumes belief in a deity. She felt so stating broadened the statement in case the person doing the swearing does not believe in a deity. TB Resolution No. 2006'036c BE IT RESOLVED that the Oath of Office read, "I do solemnly swear or affirm". MOVED: Councilwoman Leary SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. February 6,2006 Special Town Board Meeting Approved March 13, 2006 n1.03(d) { TB Resolution No. 2006-036d BE IT RESOLVED that "The AUD must be filed within 60 days of the close" be changed to read, "The AUD must be filed 60 days after the close". MOVED: Councilman Stein SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. TB Resolution No. 2006-036e BE IT RESOLVED that the Town Board of the Town of Ithaca rescinds the resolution above. MOVED: Supervisor Valentino SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. I TB Resoiution No. 2006-036f BE IT RESOLVED that "The AUD must be filed within 60 days of the close" be changed to read, "The AUD must be filed by February 28*^^ of each year". MOVED: Supervisor Valentino SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. 2.02 (A2d) - Role of Board Members TB Resolution No. 2006-036g BE IT RESOLVED that the phrase "or $20,000 if labor costs are included in the costs" be added after "Approved contracts over $10,000". MOVED: Supervisor Valentino SECONDED: Councilman Stein February 6, 2006 Special Town Board Meeting Approved March 13, 2006 VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. 2.02 (A4) - Role of Board Members Flag - The Board agreed to revise this section to be consistent with whatever committee language ends up in the manual. Councilman Stein asked for a clarification of what "ratify" means. He stated he knew what "ratify," meant when the Senate ratifies treaties; it means the treaty doesn't go in effect until the Senate votes for it and if the Senate doesn't vote for it, it doesn't go into effect. He asked if that was what the term meant in this context. Attorney Brock thought the Board could come to a decision as to what they think it means and if, what Mr. Stein described, isn't what the Board intended they need to come up with some different words. Ms. Brock thought it was up to the Board to decide what they want it means and to come up with words to describe it. Mr. Stein stated that was what he thought meant. Supervisor Valentino if the definition of ratify as presented by Councilman Stein is in conflict with Section 63 of Town Law regarding reducing the authority of the Supervisor. Attorney Brock thought the Board needed to wait until they got their committee language. Flag - Use and meaning of the word "ratify". 2.03 (B) - Role of the Town Supervisor TB Resolution No. 2006-036h BE IT RESOLVED that the phrase, "except as provided by law" read "except as othenwise provided by law". MOVED: Councilman Stein SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye 2.05 - Appointment of Town Officiais Fiag - Supervisor Valentino did not know if the manual addressed as well as it should that the Highway Superintendent and Town Clerk are not just department heads, but are Town Officials under the law. Even though in the Town of Ithaca they are not elected, they both have very specific and sovereign duties that the Town Board is not entitled to "mess around with". Supervisor Valentino thought mention of this should be included in section 2.05 and asked that the committee look at his. Ms. Drake stated that the Town Clerk's job description was included in the appendix; the Highway Superintendents was not. In response to questions from Ms. Drake, Supervisor Valentino stated that the Highway Superintendent and Town Clerk were public officials that are not the same as department heads; they have special duties and obligations that are their sole purview and not something that the Town February 6,2006 Special Town Board Meeting Approved March IS, 2006 Board can dictate to them. Councilwoman Leary asked if it matter if they are appointed ^ versus if they are elected. Ms. Hunter told her that appointment did not change the nature of their responsibilities. 2.07 - Appointment of Boards and Committees Edit - Add "the" in front of ZBA in 2.07 (A1). Flag - 2.07 (B) "Creation and Role of Other Boards and Committees" Supervisor Valentino suggested the committee might want to go back to page 13 the original draft because some of the wording about the types of Boards and Committees she thought would be helpful. Edit - 2.07 (C2) - Delete extra "2." 2.07 (02) 76 Resolution No, 2006'036i BE IT RESOLVED that the phrase, "will strive to avoid appointing persons" read, "will strive to avoid appointing citizens". MOVED: Councilman Engman SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye Councilman Burbank expressed concern over the use of the word "normally" in the opening sentence of this section. 76 Resolution No. 2006-036] BE IT RESOLVED that the word "normally" be stricken from the first sentence of the paragraph. MOVED: Councilman Stein SECONDED: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye Flag - The entire paragraph was flagged for further committee review of the wording. Mr. Burbank stated that part of what was hanging him up was the "equitable" balance; we never have total equality but we are trying to get diverse representation. « February 6,2006 Special Town Board Meeting Approved March 13, 2006 2.07 (C4, 5, 6) Edit-Wording as is, not italicized. 2.07 (E1) Edit - Add "Members" to heading 2.07 (E2) Flag - Pending decisions regarding committee structure. 2.07 (G1) Edit - Correct spelling of "public" 2.07 (H) Edit - change "whom" to "who" in "b". 2.07 (I) Supervisor Valentino questioned the omission after the phrase "will represent the consensus of the Board, except where" of "where one has not been expressed". Attorney Brock stated she had put in that suggested phrase with a question mark because the original said, "Board members participating in policy discussions at regional meetings will represent the consensus of the Board". She thought the Board may want to say, "where one has been expressed" because what if somebody is coming to a meeting and the Board hasn't made a determination or the issue has not come before them. Mr. Stein stated the reason he didn't put it in was it stuck him that the alternate explanation was so absurd nobody would hold it; if in fact the Board had not expressed an opinion that meant that the representative had to sit there with his mouth taped closed was absurd to Mr. Stein. Supervisor Valentino liked the phrase because it does make it clear that the person can speak if asked questions or bring things back to the Board to talk about. Ms. Leary stated there another spot they will be coming to that is related to this issue. Ms. Leary suggested leaving it the way it appears in Councilman Stein's draft. 2.07 (H a and b) TB Resolution No. 2006-036k BE IT RESOLVED that 1) the phrase "or his/her designee" be added after "The Town Clerk" and before "will:" in the subheading; and 2) the word "attempt" be added before "notify residents" in "b." MOVED: Councilman Burbank February 6,2006 Special Town Board Meeting Approved March 13, 2006 SECONDED: Councilwoman Leary VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye TB Resolution No. 2006-0361 BE IT RESOLVED that the phrase "for appointed positions" be added after "committees" in the head for "H". MOVED: Supervisor Valentino SECONDED: Councilwoman Leary VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye 2.07 (J1) Supervisor Valentino questioned the use of the word "doctrines" in paragraph "1". Attorney Brock stated the word had been "requirements" in previous drafts. The board agreed to eliminate "doctrines". TB Resolution No. 2006-036m ^ BE IT RESOLVED that the word "doctrines" be replaced by the word "requirements" in | paragraph "1". MOVED: Councilwoman Valentino SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye 2.07(J2) and (K3) Edit - Change subsection numbers 1 through 5 to a, b, c, d, e. Councilwoman Leary questioned the phrase "members of Town Boards and committees will not speak in their capacity as a board or committee member, before any other board". Supervisor Valentino expressed her understanding giving the example of going to the Zoning Board of Appeals because she would like them to change something personal to herself or her street. In that case, wouldn't she have to make it perfectly clear that she was speaking as a private citizen? Ms. Leary agreed she would need to identify herself as a private individual. Ms. Leary recommended changing the wording in (K 3 1) stating there are some cases where she can imagine a Board member wanting to speak not just as a private citizen. The example Supervisor Valentino gave earlier regarding changing something on her street, ! | Ms. Leary agreed was totally "out", that would obviously be as a private citizen. However, ' there may be cases where a Board member may want to speak as a Board member as long 8 February 6,2006 Special Town Board Meeting Approved March 13, 2006 as they make it clear that they're speaking as an individual Board member and not representing the whole. Ms. Leary could see that as okay. Supervisor Valentino was not sure she saw that as okay. Ms. Leary gave the example of the Chair of the Planning Board coming to speak at a Town Board Meeting. She stated he is speaking as chair of the Planning Board, not an individual citizen; it's sort of obvious that he is speaking as the head of the Planning Board. Ms. Leary felt there were cases where a Board member might go before another board and identify themselves as a Board member, but make it clear that it's not the opinion of the whole Board unless they've been designated. Mr. Engman felt it was taken care of in the (2.) where it says "shall refrain from stating or implying that the Board Member's position or opinion is that of the Town Board". Ms. Leary felt that (3. subsection 1.) seemed to take it a step further in that they can't even identify themselves as a Board member and that they are speaking as an individual Board member. Ms. Leary was concerned about limiting it to just being a citizen. Ms. Leary felt that as long as you are declaring what it says in (2.) you could speak as a Town elected official, in that capacity, as long as you make clear that it's not for the whole Board. As written, Ms. Leary felt it meant you could only speak as a private citizen. Mr. Stein stated he did not read it that way. Ms. Leary suggested changing it to read "is present in his or her capacity as an individual Board member or individual elected official, not on behalf of the whole Town Board". Attorney Brock felt that statement changed the meaning and thought what they might want to say at the beginning of (3.) "except as set forth in paragraph 2 above". Mr. Stein did not think there was anything that said you cannot identify yourself as a Board member. Ms. Leary disagreed. Supervisor Valentino stated you have to make sure it is understood that you're speaking as a private citizen, that's all it is saying. Even though you are a Board member you are not speaking in your capacity as a Board member. Ms. Leary thought you could as long as you say that you're not speaking for the whole Board. Ms. Valentino commented she did not know. Mr. Engman felt you needed to take subsection 3. and 1. together. Ms. Leary suggested a change in wording to (3. 1.) as follows: "The Board member shall declare at the outset and upon the record that the Board member is present in his or her capacity as an individual Board member not on behalf or at the request of the whole Town Board." Mr. Stein felt that was restrictive and required him to identify himself as a Board member. Ms. Leary stated she wanted to be allow someone to identify themselves in their official capacity as an elected official, not just as a private citizen, making it clear at the same time that you're not representing the opinion of the whole Board. Mr. Stein suggested: "May identify him or herself as a Board member but not speaking on behalf of the Board". Ms. Leary was satisfied with that wording. Mr. Engman reiterated that (3. 2.) already says the same thing. Ms. Leary responded stating that says what you can't do. What she is proposing for (3.1.) is what you can do. As currently written, (3. 1.) says you have to identify yourself only as a private citizen. What Ms. Leary is saying you can identify yourself as a Board member. Mr. Burbank stated he accepted that. Supervisor Valentino expressed her concern that once an individual has identified themselves as a Town Board member speaking as a Town Board member, the Board member part of it is what is going to show up in the newspaper. Ms. Leary stated that is why you should have the Board member take the responsibility of making the point that they are not speaking for the whole Town Board, I'm not speaking for the Town of Ithaca, but I am speaking as one member of the Town Board, as one elected official of the Town. Supervisor Valentino asked why that would be any different. Ms. Leary thought it had more force than being a private citizen, you're elected, you're representing people. Supervisor Valentino wondered if it should have more force. Ms. Leary thought it should; you February 6,2006 Special Town Board Meeting Approved March 13, 2006 still retain some authority and some responsibility as a public official you're not just a public official at Town Board meetings. Mr. Stein felt that was right, that people use the positions that they have to give themselves stature. Mr. Stein felt it was legitimate to do that and suggested wording. TB Resolution No. 2006'036n BE IT RESOLVED that the phrase "The Board Member is present speaking in a private capacity as an interested citizen. The Board Member may identify him or herself as a Board Member but must make it clear that he/she is not speaking on behalf of or at the request of the Town Board" be added after "1. The Board Member shall declare at the outset and upon the record that..." MOVED: Councilman Stein SECONDED: Councilwoman Leary VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye. 207 (K 3 5) Councilman Burbank stated he did not understand why a Board Member would have to recuse themselves if they testified. Supervisor Valentino cited a specific case where a Planning Board Member identified themselves as a Planning Board Member, but not speaking for the Planning Board, and spoke out in strong opposition to an issue that was in front of the Planning Board. Because the Planning Board had not discussed the issue and made a decision yet they put themselves in the position of not being open minded in looking at the issue. Mr. Burbank stated he understood that and because the Planning Board is a quasi-judicial board that was appropriate that that member recuse themselves. The Town Board is a different Board and the way Mr. Burbank is reading 5. Is that if a Board member goes and speaks at a Planning Board they have lost the ability to discuss the issue when it comes back to the Town Board. TB Resolution No. 2006-036o BE IT RESOLVED that the (3. 5.) "If a member so testifies, such members shall consider reusing him or herself from participating in the discussion and vote on the issue at the Town Board level" be stricken from the draft manual. MOVED: Councilman Stein SECONDED: Councilwoman Leary VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye i I Supervisor Valentino cautioned that somehow the Town Board needed to be careful about speaking out publicly against something that is going to be coming before them about which 10 February 6,2006 Special Town Board Meeting Approved March 13, 2006 ^ they have not had the chance to look at all sides of the issue. She didn't know if they should word this in, but somehow it's a responsibility of a Town Board member's office that they stay open minded. Mr. Burbank felt it was a political responsibility; that good common sense says that you will try to retain an open mind through the process. However, Town Board members are not bound to do so. Ms. Valentino would not require that they put anything in the manual about it, but felt it was something that they needed to be conscious of. 2.09 - Return of Materials and Equipment Mr. Burbank questioned the purpose of 2.09. TB Resolution No. 2006-036p BE IT RESOLVED that the entirety of 2.09 be stricken from the draft manual. MOVED: Councilman Burbank SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye 2.10 - Filling Elected Vacancies TB Resolution No. 2006'036q BE IT RESOLVED that the paragraph regarding justices, "If a Justice vacancy occurs during their term, the Board shall, by majority vote, appoint an interim Justice to complete that calendar year. The individual appointed and others would have to run for election in November for a new four-year term commencing January 1®*" be put back into the draft manual. MOVED: Councilman Stein SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye 3.02 - Administration of the Town TB Resoiution No. 2006'036r BE IT RESOLVED that the first line in the second paragraph read, "The Town Board has customarily delegated to the Town Supervisor". MOVED: Councilman Burbank SECONDED: Councilman Stein 11 February 6, 2006 Special Town Board Meeting Approved March 13, 2006 VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye 3.03 - Board Relationship to Administration The Board discussed at length "should" versus "shall" and "undue" versus "direct involvement" in the first sentence of the paragraph. Supervisor Valentino stated she was not particularly concerned about "shall" versus "should". Regarding "undue" versus "direct involvement", Supervisor Valentino stated that this was something that usually falls on her shoulders and she questioned how she was to interpret what "undue" involvement really is. She reported having looked it up in the dictionary and it says "improper", "too much", "excess". "Undue" seems harder to define than "direct". Councilman Stein asked if there had ever been a problem with this. Supervisor Valentino told him that the Town has not had a big problem with it. However, every year at the Association of Towns Annual Meeting one of the biggest debates is trying to figure out how to overcome Board Members coming in on a day- to-day basis and starting to micro-manage the affairs. Supervisor Valentino stated there have been some problems with it at the Town, but they have gotten resolved fairly quickly. Mr. Stein had no object changing "should" to "shall", but he was not happy about changing "undue". He reported having had some involvement in the day-to-day operations of the Public Works Department. He has called up and asked about leaf collection. When the Department does something "funny" he has wondered why the Town did that and has had discussions with Fred. Mr. Stein considers that involvement in the day-to-day operations and he thinks it is not "undue". He thought to be in a position where he can't speak to staff about what goes on day-to-day put a serious crimp in his abilities to do the job of a Town Board Member. He agreed that "undue" was vague, but he felt no involvement is too strict. Councilwoman Leary thought the wording in the committee's draft was too restrictive and she wanted to make it "undue" because she wanted it to be a little bit more flexible. Ultimately, however the Board puts it, if there was a problem it would have to go to the Town Board. "Should" establishes a goal; "shall" is an absolute restriction. By law the Town Board is the policy making, executive, administrative, and legislative body of the Town. Ms. Leary thought that role almost requires some sot of oversight. So you can't say no Town Board Member shall ever become directly involved. You can't give their power of administrative and policymaking head of the Town away. Councilman Engman expressed the thinking of the committee stating they were in agreement with the original language. He thought there was other language in the paragraph that was being ignored. The language is referring to day-to-day administrative functions. The paragraph is not talking about programs. Mr. Engman reported he talks to Mr. Kanter all the time about programs that the Planning Department is working on. It's not programs; it's not other things. It's administration and administration is set up in such a way that the Town has supervisors of staff. For example, the Town has department heads or in the case of the Town Supervisor it's a delegated responsibility. The Town has set up a system for supervising what goes on administratively and if you interrupt that by Town Board members getting in the middle of it, that is not an acceptable or a sustainable way of operating. Mr. Engman stated the Town has set up a system; the original language was to help protect that 12 February 6, 2006 Special Town Board Meeting Approved March 13, 2006 system not to say that Board Members couldn't be involved in programs or call for information. The administrative policy, of course, the Board sets, but getting involved in the day-to-day administration is something the Board has to be very careful of. Mr. Walker stated it was the staff that he was mostly concerned about. He did not think there was an existing problem, he does not want there to be a problem. He thought that if a Board Member has a question about how something happens in Engineering or Public Works and they want to ask him a question, it's very appropriate. What he does not want to see happening is what had happen to his current assistant when he worked for another municipality. As a civil engineer working in the Engineer's office he would have two or three Board members a day coming to his desk telling him what to do. If there is a problem, he wants Board Members to talk to him as a department head, but not try to tell staff members what to do. Mr. Burbank felt that Mr. Walker's concerns were addressed in the following sentence, " Individual Board Members do not supervise Town staff or do they individually establish or change programs." Mr. Burbank stated he liked the language in Mr. Stein's draft. He thought there would always be some gray areas, but it is the general understanding that Board Members are not to be micromanaging. However, Town Board members have to be involved. I proposed moving on, vote if necessary, and go with the language as it appeared in Mr. Stein's draft. Supervisor Valentino agreed with what Mr. Engman had said regarding involvement in day- to-day administration. She felt strongly that the Board should understand that such involvement is micromanaging and starting to get into the area where someone could come in and start demanding of the staff that they do their project first. She was not willing to change her mind about "direct involvement" and stated she has seen too many problems with that in other places. She did not have a problem with "shall" or "should". Councilman Stein stated he was in complete agreement with Supervisor Valentino that it was difficult for an employee who has a direct boss to be given orders what to do by others. He did not feel this was the question. He stated he was concerned if they take out the word "undue" and put in "direct" that it will restrict the Board Members to question a practice such as he had done regarding leaf pickup. Mr. Stein would agree to "shall refrain from undue". Mr. Burbank and Ms. Leary were opposed to the use of the word "shall". Councilman Burbank shared an example in which he became involved in administrative affairs. The Town has a situation where a tree on a Town road fell and damaged a vehicle. The question is if that tree is on private property or in a right of way. The interpretation was that it was in private property and was not the town's responsibility. Mr. Burbank reported that he went up and looked at and noticed a survey marker. He told the Board he called Mr. Noteboom and told him he might want to take another look at the situation because Mr. Burbank was not sure that tree was where we thought it was. Mr. Burbank told the Board he planned to bring the policy side of this issue to the Board; what is the Board's policy in this sort of situation. 13 February 6, 2006 Special Town Board Meeting Approved March 13, 2006 Mr Kanter thought a solution is that when things do happen, the Board Members go to a Department Head, not to administrative personnel. If there is an administrative aspect of an issue, the Board Members' first point of contact should be the Supervisor or the Department Head. Then the Department Head can decide who would be the best person to handle things. Contact Mr. Noteboom was exactly the right the thing to do. Mr. Stein felt Mr. Kanter was right. Town Board Members should really only deal with Department Heads except in a case where they want to gather information in which case they have right to go talk to anybody that works for the Town. Mr. Walker felt Mr. Burbank's example was not directly paging administration; that's brining up a concern or question. Mr. Walker cited a drainage problem with Mr. Burbank's neighbor. Town Board Members are a conduit to staff to let them know of problems. That kind of communication is important to Department Heads. If there are every any concerns about his staff, Mr. Walker wants to know about that. That's management. That's giving him input so that he can administer his department and his people. Mr. Stein proposed the following change "the Town Board should refrain from involvement in the day to day affairs of the Town staff, with the exception of Department Managers". Mr. Kanter proposed, "the Town Board should refrain from involvement from involvement in day to day administrative affairs of the Town" and for the last sentence "Concerns regarding staff or Town business operations should be brought to the attention of the Supervisor, Department Head, and/or the Board as a whole". Mr. Stein would rather say "nothing in this section precludes a Town Board Member from discussing administrative matters with Department Heads, the Supervisor, or bringing them to the Town Board". Ms. Leary was not in favor of this change she felt Mr. Stein's suggestion sort of implies that you can't talk to anyone below the Department Head level. She recommended leaving the last sentence as is and add "Department Heads". TB Resolution No. 2006-036s BE IT RESOLVED that the 3.03 read "The Town Board as a whole makes policy, local laws and ordinances for the Town. Individual members of the Town Board should refrain from involvement in day-to-day administrative affairs of the Town. Individual Board Members do not supervise Town staff nor do they individually establish or change programs. Concerns regarding staff or Town business operations should be brought to the attention of the Supervisor, Department Heads, or the Boards as a whole. MOVED: Councilman Burbank SECONDED: Supervisor Valentino Supervisor Valentino asked for discussion from the Board. 14 February 6, 2006 Special Town Board Meeting Approved March 13, 2006 Mr. Engman stated he would vote against the motion because there are a number of times where he has talked with other people in the Town about things and he did not see that the proposed language improved anything. He thought it made it much more complicated and difficult. He didn't see the point in it. Mr. Stein stated he would vote against the motion because it doesn't allow him to talk to individual people. He didn't like the fact that all he could do was bring concerns. He wants to talk about concerns. Ms. Leary read the last sentence as a way to address a problem. Mr. Stein read it as saying he can't even talk to anybody else. Mr. Stein stated his problem was leaving out the word "undue". Involvement to Mr. Stein meant any connection whatsoever. Ms. Drake proposed some synonyms for "undue". The Board agreed upon "excessive" as a replacement for "undue". Mr. Burbank and Ms. Valentino withdrew their previous motion. TB Resolution No. 2006-036t BE IT RESOLVED that the 3.03 read "The Town Board as a whole makes policy, local laws and ordinances for the Town. Individual members of the Town Board should refrain from excessive involvement in day-to-day administrative affairs of the Town. Individual Board Members do not supervise Town staff nor do they individually establish or change programs. Concerns regarding staff or Town business operations should be brought to the attention of the Supervisor, Department Heads, or the Boards as a whole. MOVED: Councilman Burbank SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye 3.08 (A) - Roles and Information Flow TB Resolution No. 2006-036u BE IT RESOLVED that the words "Department Heads" be added after the phrase, "attention of the Supervisor" in the third paragraph. MOVED: Councilman Burbank SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye 15 February 6,2006 Special Town Board Meeting Approved March 13, 2006 3.08 (B) Supervisor Valentino stated she had a problem with "Board-established timeline". She wondered if the Board would always have an idea of what the workload is and what the timeline should be. Mr. Stein thought that could be worked out at a Town Board meeting. Mr. Kanter suggested wording agreeable to the Board. 76 Resolution No. 2006'036v BE IT RESOLVED that the phrase "timeframe to be determined after consultation with the Supervisor and/or appropriate Department Head" be added following "within a Board established". MOVED: Councilman Burbank SECONDED: Councilwoman Leary VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye OTHER BUSINESS Mr. Burbank asked that the media be told the SAC Meeting dates and the possibility of the presence of a quorum so that all Board members can attend. Ms. Hunter said she would send a notice to the media. 3.09 - Dissemination of Information Ms. Leary suggested revised wording to broaden the meaning to include more than just Board Members. 76 Resolution No. 2006'036w BE IT RESOLVED that the phrase "all parties should" be added following the phrase "In initiating such meetings". MOVED: Councilman Burbank SECONDED: Councilman Leary VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye 3.10 - Staff Relationship to Advisory Bodies and Consultants In response to a note by Attorney Brock asking who would set staff members' time commitment; Mr. Stein explained the origin of the language. His concern regarding the wording of the committee draft was how is it that if you have no supervisory authority how can 16 February 6,2006 Special Town Board Meeting Approved March 13, 2006 a staff member support you, if you can't tell them what to do. Essentially what that is supposed to say is that an advisory body gets 3 hours of some staff members time to do support. That's the limitation and within that three hours they can ask the person to do whatever support they need to do. If there is a better way to write it, Mr. Stein was happy to hear it. Mr. Kanter stated he had a conceptual problem with the whole idea that a committee would set a maximum or a minimum time commitment because the time involvement varies so wildly from committee to committee there is no way you could do that. Each committee is setting the time limit for their staffs' involvement, presumably there's no connection or rationale for what other committees are doing (turn tape) is a management decision to be worked out in conjunction with the Town Board. The idea that individual committees assign individual staff minimums and maximums for time involvement he thought is unrealistic in terms of how the real world operates. Mr. Stein agreed it was unrealistic but gave as an example Mr. Kanter's support of the Planning Board stating presumably the Planning Board could give him duties and presumably he has to do what they tell him to do. On the other hand they don't supervise Mr. Kanter so the question is what can they do? Mr. Kanter stated they can ask him to do things, they generally don't tell him to do things. Things are discussed in a cooperative manner, which is way it has worked in the past with all committees. Mr. Stein felt you had to give a committee that gets a staff person to support them some authority over giving them the jobs that they want done. Mr. Stein did not feel a staff member had the right to say they didn't think something was not a reasonable job and they were not going to do that job. To Mr. Stein thought it was the committee that decided what has to be done by the staff member and to him the only way of limiting that is to say that you can't ask a staff member to do more than a certain amount of work. Mr. Kanter felt the flexibility of working with committees is what works so well at the Town. If you start setting rigid maximums or minimums Mr. Kanter did not think it would work as well as it had in the past. Mr. Kanter felt it had worked very well in the past; it's a cooperative decision. Again, what Mr. Kanter felt it came down to is the relationship between the management team and the Town Board assigning priorities as a whole rather than within each individual committee. Mr. Stein saw what Mr. Kanter was saying, but thought if staff is assigned to some committee the committee has to have authority to set the tasks that the staff member does. He did not think the staff member was not a free agent who decides what it is they do. He suggested taking out the sentence "When staff members are assigned to support an advisory body, the limit to the staff time commitment will be set. Staff members will carry out appropriate assignments given by the advisory body so long as allotted commitment does is not excessive." Mr. Kanter did not see how that allotted time commitment would be established other than through working with Department Heads and management. Mr. Engman referred to an earlier suggestion by Ms. Hunter that they use the language in 3.08 stating maybe that would wording would work here. There was discussion of who would be consulting regarding the time commitment. There was discussion of the phrase "does not exceed the allotted time commitment" and Attorney Brock suggested taking it out and have it say "staff members will carry out appropriate assignments given by the advisory body which will be determine through consultation between the committee chair, supervisor, and/or appropriate department head". Mr. Stein did not feel it addressed his concern. The concern that he has is that a committee 17 February 6,2006 Special Town Board Meeting Approved March 13, 2006 can ask a staff member to do certain things that neither the Department Head nor the Supervisor may feel are things that should be done. He thought that a committee has to have it's own discretion as to what it is they want the person to do and the appropriateness of every assignment does not get worked out between the parties. What Mr. Stein stated he was trying to say is that the thing that they have to work out is the use of the person's time so he does not want to have the actual assignment itself worked out in cooperation with the Department Head and Supervisor. Mr. Kanter stated that if there was a conflict between the committee and the Supervisor or the Department Head then it goes to the Town Board to make a decision, which is covered later in the paragraph. Mr. Stein felt it was very awkward. The Town Board only meets monthly and he thought they ought to give a certain amount of discretion to the committees to do the work that it wants done. Mr. Kanter asked where it was broken, where things haven't worked. Mr. Stein felt there was a principle involved and the principle is that a committee should have a certain amount of freedom to investigate what it is they want to. Ms. Valentino also felt that there was a principle here and she thought the principle is that committees are given assignments by the Town Board. Councilman Burbank proposed going with Attorney Brock's suggested wording and called for a vote. He stated he would commit to revisiting the issue if it was cause for problems. TB Resolution No. 2006-036x BE IT RESOLVED that the sentence "When staff members are assigned to support an advisory body, the limit to the staff time commitment will be set." be deleted; and it is further TB Resolution No. 2006-036y RESOLVED that the phrase "Staff members will carry out appropriate assignments given by the advisory body such appropriateness will be determine through consultation between the committee chair, supervisor, and/or appropriate department head" be added as the third sentence in the paragraph. MOVED: Councilman Burbank SECONDED: Supervisor Valentino VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, nay; Councilwoman Leary, aye OTHER BUSINESS TB Resolution No. 2006-036z BE IT RESOLVED that the Town Board of the Town of Ithaca hold a Special meeting on February 16, 2006 at 6:30 p.m. to continue work on the Board Protocol and Procedures Manual. MOVED: Supervisor Valentino SECONDED Councilman Burbank 18 n February 6,2006 Special Town Board Meeting Approved March J3, 2006 VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye 3.10 Ms. Hunter questioned the use of the word "ensure" in the last sentence of the section's first paragraph. She was uncomfortable with the word since staff has no vote and therefore could not ensure compliance. Mr. Stein suggested alternate wording. TB Resolution No. 2006-036aa BE IT RESOLVED that the last sentence of the section's first paragraph read, "Staff members are to advise the advisory body chair about compliance with state and local laws and regulations." MOVED: Supervisor Valentino SECONDED: Councilman Stein VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, nay; Councilwoman Leary, aye Mr. Kanter suggested a word change in phrase, "Staff support includes bit is not limited to". TB Resolution No. 2006-036bb BE IT RESOLVED that the work "may" be inserted after "support" and the "s" deleted from "includes" in the second paragraph of the section. MOVED: Councilman Engman SECOND: Councilman Burbank VOTE: Supervisor Valentino, aye; Councilman Burbank, aye; Councilman Engman, aye; Councilman Stein, aye; Councilwoman Leary, aye Supervisor Valentino asked that "notes" be added to the third bulleted item. The Board agreed with the request. Adjournment On motion by Councilman Stein, seconded by Councilman Burbank, the meeting was adjourned at 10:00 p.m. Respectfully submitted. \\Jd- Tee-Ann Hunter Town Clerk Next Meeting - February 13, 2006 19 February 6,2006 Special Town Board Meeting Approved March 13, 2006 n 20 February 6, 2006 Town Board Meeting ATTACHMENT #1 Town Board Protocol and Procedures Manual Presentation: Monday, February 6, 2006 By: Policy and Protocol Committee How did we here? n In 2004, 3 new members joined the board n Retreats held for Strategic Planning n At the Retreats many questions were raised about process and procedures. n Nov 2004 Policy & Protocol Committee was appointed to create a manual for Board members. Committee s Mission? The Board Policy and Protocol Committee creates written statements of policy and procedure to recommend to the Town Board for consideration and adoption. The goal of the committee is to promote effectiveness and provide clarity and certainty in Town government practices. The committee develops and maintains a manual that articulates practices and procedures for Board interaction with the public and government members whether elected, appointed or otherwise. r > r / Law Town Law Section 63, '\...The board may determine the rules of Its procedure...." In the absence of such rules, 1981 Opinion of State Comptroller n The Town Law does not prescribe any formal rules of procedure for the conduct of town board meetings, but rather authorizes town boards to formulate and adopt their own rules. In the absence of adoption of any formal rules, the town board should follow accepted usage and common practice. Manual addresses n Overview of the Town of Ithaca government n Roles and Responsibilities n Interaction and communication flow n TB Meetings and Open Meetings Law n Rules of Order for Town Board meetings n Town Correspondence n Ethics Law n Benefits f \ f \ f \ Highlights 7 voting members Town Supervisor has additional responsibilities by law n Customarily has been given the extra responsibility to run the day to day operations. n In 2000 the TB accepted the Town Supervisor Review Committee recommendation to have a paid Town Supervisor and Deputy Town Supervisor versus hiring a Town Administrator/ Manager. r I / N I \ / S Highlights Zoning Board of Appeals and Planning Board are Independent boards as authorized under Law. Terms are staggered and TB annually appoints a member to each board and the boards' chairs at the Organizational Meeting. f \ t \ Highlights Town Board member appearing before the ZBA or Planning Board n Limitations on the conduct of a TB member should be voluntarily undertaken in order to assure public confidence in the decision making process and avoid the appearance of bias, prejudice or improper influence. Highlights: Appearing before PB or ZBA continued Unless so designated, no Town Board member shall testify or state the policy or position of the Town Board. If appearing personally the Town Board member shall declare, for the record, that they are present as an Interested citizen not a TB member. f \ ( \ Highlights Creation of and Appointments to Committees Under discussion and was left written as Is. Section In Manual will need to be finalized after Town Board discussion Highiights Town Board Meetings: Required to have at least 1 meeting per month. 1964 resolution calls for a monthly meeting on the Monday preceding the second Tuesday at 5:30 pm. Committee recommends establishing an ending time of 10:00 pm. r \ I \ t ^ Highiights: Town Board Meetings (continued) n Order of Business as outlined represents current practice, open to changes. n Agendas are reviewed at SAC meetings with items coming from committees, Town Board members. Department Heads and other sources. n Town Board attendance is encouraged at SAC meetings. Highlights: Town Board Meetings (continued) n Updates Needed for Quorum n "A majority of the board shall constitute a quorum for the transactions of business, but a lesser number may adjourn." f ^ Highlights: Town Board Meetings (continued) n Update needed: How Many Votes.. n '"Every act, motion or resolution shall require for its adoption the affirmative vote of a majority of all the members of the Town Board. (I.e.: simple majority equals 4 votes.) n "There are certain circumstances when law requires a supermajority to constitute an affirmative vote (I.e.: 5 votes.)" Highlights Rules of Order Debate Committee reviewed 2 versions of this chapter and recommended the version that is easier to understand and follow for those who are not versed in Robert's Rules. Cannot eliminate or curtail the powers of the Supervisor to introduce, second or vote on matters by adopting Robert's Rules of Order. (1999 Ops Atty Gen) Highlights Correspondence written or received as a Board Member Is a ''foil able" Town document and should be filed with the Town Clerk for public access. Highlights Ethics Law The purpose of this law Is to establish minimum standards of conduct to help ensure that the busing 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." I Disclosure forms due annually by April 30^. I If a conflict of interest exist, a Board member shall declare a "conflict of interest," and not participate in the debate or vote. r ^ I 1 / \ Committee's Recommendation n Version handed out Is not complete n Looking for discussion and proposal of changes - Board consensus. n Committee would return to Board with a final recommended version. Thank you. r' February 6, 2006 Town Board Meeting ATTACHMENT #2 COMMITTEE VERSION TOWN OF ITHACA BOARD PROTOCOL AND PROCEDURES MANUAL 18 21 St f 1 Adopted: Resolution TABLE OF CONTENTS f s OATH OF OFFICE 5 FOREWORD 6 CHAPTER 1. INTRODUCTION AND OVERVIEW 7 1.01 Purpose of Board Protocol and Procedures Manual 7 1.02 Overview of Town of Ithaca Government 7 1.03 Overview of Basic Town Documents 7 1.04 Orientation of New Members 9 CHAPTER 2.TOWN BOARD: GENERAL POWERS AND RESPONSIBILITIES 10 2.01 Town Board Generally 10 2.02 Role of Board Members 10 2.03 Role OF Town Supervisor ll 2.04 Absence of Town Supervisor ^nd Board Members 12 2.05 APPOINTMENT OF TOWN OFFICIALS 12 2.06 Appointment of Department Heads and Staff 12 2.07 Appointment of Boards and Committees 134343 2.08 Incompatibility OF Offices 18 2.09 Return of Materials and Equipment 18 2.10 Filling Elected Vacancies 18 CHAPTER 3.INTERACTION WITH TOWN STAFF/OFFICIALS 19 3.01 Overview 19 3.02 Administration of the Town 19 3.03 Board Relationship to Administration 19 3.04 Town Board/Town Supervisor Relationship 19 3.05 Town Board/Town Staff Relationship 19 3.06 Town Board/ Appointed Board Relationship 20 3.07 Town Board/ Attorney Relationship 20 3.08 Roles and Information Flow 20 3.09 Dissemination of Information 21 3.10 Staff Relationship to Advisory Bodies and Consultants 21 3.11 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 252524 4.08 Recording of Meetings and Retention of Information 25 4.09 Order of Business 262625 4.10 General Procedures 29 4.11 Open Meeting Law 303029 4.12 Emergency Evacuation Plan 313430 / ^ r ^ / s DRAFT 2/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual — 2 CHAPTER 5.RULES OF ORDER 323m 5.01 Basic Steps to Conducting Business 323m , ^ 5.02 Meeting Decorum AND Order 323m j 5.03 Order OF Discussion 323m ^ 5.04 Obtaining THE Floor 333332 5.05 Questions to and Comments from Staff 333332 5.06 Making a Motion 333332 5.07 Seconding a Motion 343433 5.08 Modify Motion by Maker 343433 5.09 Stating the Motion 343433 5.10 Amendment to the Main Motion 343433 5.11 Postponement of Business 343433 5.12 Voting Procedures 353534 5.13 Other Protocol 353534 5.14 Questions Regarding Rule of Order 363634 5.15 Adherence TO Rules OF Order 363635 CHAPTER 6.BOARD CORRESPONDENCES 3630^ 6.01 Overview 363635 6.02 Correspondence from Board Members 363635 6.03 Freedom of Information Law 373736 CHAPTER 7. CONFLICTS OF INTEREST, ETHICS LAW, AND LIABILITY OF ELECTED OFFICIALS 38 7.01 Ethics Law - Conflicts of Interest 38 7.02 Liability 40 f \ ' ^ CHAPTER 8. BOARD COMPENSATION, BENEFITS AND SUPPORT 41 8.01 Board Compensation 41 8.02 Health and Dental Insurance 41 8.03 Board Expenses 41 8.04 Office Equipment 41 8.05 Mail and Deliveries 41 8.06 Meeting Rooms 42 8.07 Parking at Town Hall 42 CHAPTER 9. ADDITIONAL TRAINING AND RESOURCE MATERIALS 43 9.01 The Association of Towns of the State of New York 43 9.02 New York State OFncE of the Comptroller 43 9.03 New York State Town Clerks Association 43 9.04 New York State Department of State - Division of Local Government 43 9.05 New York State Department of State - Committee on Open 43 9.06 New York State Unified Court System I(800)COURTNY1 43 9.07 New York State Planning Federation [(518) 270-9855] 44 9.08 Cornell Local Roads Program [(607) 255-8033] 44 9.09 Other Reference Materials on File 44 f > APPENDIX ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT^ DEFINED.45 TOWN BUDGET CALENDAR APPENDIX # 1 ....ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFmED.46 DRAFT 2/6/20062/4/2006 Town ofIthaca Protocol and Procedures Manual ~ 3 TOWN COUNCILPERSON APPENDIX # 2 ......ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFINED.4^ TOWN SUPERVISOR APPENDIX # 3......ERR0R! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFINECM^ DEPUTY TOWN SUPERVISOR APPENDIX # 4 ......ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFJNE^S2 TOWN CLERK APPENDIX # 5 ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFIhJED^ _Tocl22427311 ORGANIZATIONAL CHART APPENDIX #6 STANARDS OF CONDUCT APPENDIX # 7......ERR0R! BOOKMARK NOT DEFINED.ERROR! BOOKM\RK NOT DEFINEIXgS TIPS FOR SUCCESSFUL PUBLIC SERVICE APPENDIX # 8 ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFIhJEeT§» GLOSSARY OF TERMS.... ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARKr- NOT DEFINED.61 BOARDS/COMMITTEES FOR THE YEAR 2005 APPENDIX 9....ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFI>JED.63 / \ DRAFT 2/6/20062M/2006 Town of Ithaca Protocol and Procedures Manual — 4 f \ f \ f \ f > t \ TOWN OF ITHACA OATH OF OFFICE STATE OF NEW YORK ) ) ss COUNTY OF TOMPKINS ) I do solemnly swear 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 [Board or Committee ] of the Town of Ithaca, according to the best of my ability. Signed Term of OfIice:Month day, year - Month day, year Subscribed and sworn to before me this day of Attest: Town Clerk DRAFT 2/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual ~ 5 | Foreword There are myriad issues with which public officials become involved. This protocol and f \ 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. 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 4.10.F. Revisions adopted by the Board will be incorporated into the Manual by the Human Resources Manager. r ^ r \ DRAFT 2/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual — 6 Chapter 1. Introduction and Overview ^ ^ As a Board Member, you not only establish important and often critical policies for the ^ community, you are also a board member of a public corporation having an annual budget of several million dollars. The Planning Board and Zoning Board of Appeals are independent Boards responsible in their domain for interpretation of the zoning ordinance, advice, consultation and consideration of appeals and requests for various approvals. For example, the Planning Board has been authorized by the Town Board, pursuant to State enabling statutes, to review and approve subdivisions, site plans, special permits and to provide recommendations to the Town Board and Zoning Board of Appeals on certain matters. The Zoning Board of Appeals is a quasi-judicial body and is authorized to grant use and area variances according to criteria established in State enabling laws, and to issue interpretations of the Zoning code. Board members must remember they are elected or appointed as representative for the good of the whole town. 1.01 Purpose of Board Protocol and Procedures Manual The Town of Ithaca has prepared its own protocol and procedures manual to assist the Town Board, Planning Board and Zoning Board of Appeals by documenting accepted practices and clarifying expectations. Administration of Town affairs is greatly enhanced by the agreement of the Boards and staff to be bound by these practices. Procedures are established so that expectations and practices can be clearly articulated to guide town officials and staff in their ^ actions. '' ^ 1.02 Overview of Town of Ithaca Government The Town of Ithaca is a town of the first class, which allows the Town to have a supervisor, six (6) councilmen, 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 supervisor, councilmen, and town justices are elected officials, with all other positions in the Town 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. The Supervisor is a member of the Town Board. In the Town of Ithaca, the Town Board has customarily delegated some powers and duties of administration and supervision to the Town Supervisor. The Planning Board and Zoning Board of Appeals are appointed boards with set terms of office. Planning Board Members serve a seven year term with the duty to review land uses within the Town. Zoning Board of Appeals members serve a five year term and act as a quasi judicial board that review requests for variances from the Town's Zoning Ordinance. 1.03 Overview of Basic Town Documents This document 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 the Town to certain courses of action and practices. The following is a summary of some of the most notable documents that establish Town Board direction. DRAFT 2/6/20062/4/2006 Town ofIthaca Protocol and Procedures Manual ~ 7 f \ / N A. Code of the Town of Ithaca The Code of the Town of Ithaca contains all of the local laws and ordinances currently in effect. The Town maintains bound volumes and electronic versions of the Code that are updated / > quarterly to include any new legislation. / B. Personnel Manual The Personnel Manual documents policies and informs employees of the policies and procedures of the Town of Ithaca (Town) and Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC). Policies and procedures involving the employees are recommended by the Personnel Committee and adopted by the Town Board and SCLIWC where appropriate. Members of the Town Board, boards, committees. Town 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 Cavuea Lake Intermunicipal Water Commission (SCLIWO The Commission is the executive body created by an Agreement of Mimicipal Cooperation, (AMC) in order to, among other duties, manage, serve and operate projects I and II, which consist of a water supply and transmission system. The Towns of Dryden, Ithaca, and Lansing and the Villages of Cayuga Heights and Lansing are parties to this AMC, 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 has designated the Town of Ithaca to provide specific personnel related services such as payroll and associated reporting. Those functions result in the Town of Ithaca bearing the status of "Employer of Record". r \ 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 covering 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. 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. C Annual Budget The annual budget is an orderly 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. The time table for presentation and adoption of a town budget is mandated by State Law. See Appendix #1 for Budget Calendar. D. Annual Financial Report N The annual financial report includes the financial statements of the Town for a calendar f \ year. Pursuant to Article 3 of Ae General Municipal Law, every local government must annually DRAFT 2/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual — 8 | ! \ f \ file a financial report [Annual Update Document (AUD)] with the State Comptroller. This 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 flmds and a consolidated group of statements for the Town as a whole. The AUD must be filed within 60 days of the close of the Town's fiscal year, which is December 31st. E. Comprehensive Plan The 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 pattems 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 1993. F. Five-year Capital Improvement Program The Five-year Capital Improvement Program 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 (which is ' n under preparation.) The Capital Projects and Fiscal Planning Committee develops a long range f \ Capital Improvement Program and recommends an annual capital budget to the Town Board. Capital projects cover a range of physical improvements in areas such as sewer, water, parks, trails, highway, transportation, and storm water management. This plan can be found in the back of the budget. G. Disaster Preparedness Plan The Town maintains a disaster 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. 1.04 Orientation of New 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, the Town Supervisor and Human Resources Manager will host 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 officials orientation. At any time, if there are facilities or programs about which you would like more information, arrangements will be made to increase your awareness of these operations by c V contacting the Human Resources Manager. f > DRAFT 2/6/20062/4/2006 Town ofIthaca Protocol and Procedures Manual — 9 | Chapter!. Town Board: General Powers and Responsibilities ^ f \ 2.01 Town Board Generally ^ > Fundamentally, the powers of 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 Town Board is the policy making and law making body of the Town. The New York State Constitution and State law grant the powers and set forth the responsibilities of the Board. It is important to note that the Board acts as a body. No member has any extraordinary powers beyond those of other members. The Town Supervisor has some additional ceremonial, presiding officer and other responsibilities as described below. When establishing policies, voting, and in other significant areas, all members are equal. It is also important to note that policy is established by at least a majority vote of the entire Board. While individual members may disagree with decisions of the majority, a decision of the majority does bind the Board to a course of action. Board Members must respect adopted Board policy. In turn, it is staffs responsibility to ensure the policy of the Board is upheld. Effective Town Government is a complicated and daunting task. Informed decision making requires that Board Members prepare themselves for Board or committee meetings. This preparation includes the review of materials provided in advance. These materials may include such items as; agendas, staff memos, draft resolutions, and reports. See Appendix # 8 for Tips for Successful Public Service. 2.02 Role of 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. The 7 members of the Ithaca Town Board are collectively responsible for 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 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, Section 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 e. Adopt resolutions f. Designate Town Depositories DRAFT 2/6/20062/4/2006 Town ofIthaca Protocol and Procedures Manual — 10 I \ r ^ ( S f \ 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 Advisory Boards and Committees a. Ratify Supervisor's establishment of committees b. Appoint Planning Board and ZBA members c. Ratify Supervisor's appointments of committee members 5. Provide Public Leadership a. Relate wishes 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 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 may participate in all deliberations of the Board in the same manner as any other member and is expected to vote in all proceedings, unless a conflict of interest exists. The Town Supervisor does not possess any power of veto. B. Treasurer- ChiefFiscal Officer The Town Supervisor shall carry out all realms of the accounting function for the Town, as described in Section 29 of Town Law. 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 provided by law. The Supervisor shall have similar duties for special districts in the Town. C. Budget The Town Supervisor is responsible for preparing the Tentative Budget that is filed with the Town Clerk by September 30^ and presented to the Town Board by October 5^. f \ ( \ / v f N D. Administrator DRAFT 2/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual — 11 | 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, Section / 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 Tovm Board. By this delegation, however, the Town Board may not abdicate to the Supervisor or surrender to him/her the Town Board's basic statutory responsibilities. E. Other Duties The Tovm Supervisor has other statutory duties as well, including those listed in Sections 29 and 125 ot Tovm Law. 2.04 Absence of Town Supervisor and Board Members In the absence of the Tovm Supervisor, the Deputy Tovm Supervisor shall perform the duties of the Tovm Supervisor. When both the Tovm Supervisor and Deputy Tovm 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 Tovm Supervisor. If the Tovm Supervisor or other Board Members will be absent from the Town for more than 7 consecutive days, they shall notify the Tovm Clerk of such absence. Board Members shall also notify the committee chair or staff support person responsible for the committee for meetings they will miss. '' > 2.05 Appointment of Town Officials The Tovm Board is responsible for appointing the Town Clerk, Receiver of Taxes, Highway Superintendent and Director of Engineering. The appointees shall hold their respective offices as provided in Town Law Section 53-c.. The Deputy Town Supervisor is appointed by the Supervisor, or by the Tovm Board if the Supervisor fails to make an appointment within five days after a vacancy occurs in the office. Deputy Tovm Clerks are appointed by the Town Clerk; The Tovm Board may appoint a temporary Deputy Town Clerk if the Town Clerk is absent or unable to act and there is no duly appointed and qualified deputy present and able to act. The Deputy Highway Superintendent is appointed by ftie Highway Superintendent, or by the Tovm Board if the Highway Superintendent fails to make an appointment within five days after a vacancy occurs in the office. Public Officers Law Section 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 and qualified.. 2.06 Appointment of Department Heads and Staff The Tovm Board is responsible for the appointment of Department Heads in compliance with Civil Service requirements. The Tovm Board will appoint an Interview Committee that will interview prospective candidates and make a recommendation for appointment to the Tovm Board. 1. Appointment of Additional Management Staff DRAFT 2/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual —12 Senior staff members, including: Budget Officer, Human Resources Manager, Network Records Specialist and Recreation and Youth Coordinator, will be appointed by the ^ Supervisor subject to confirmation by the Town Board.. ( s 2 Appointment ofDepartment Staff The Town Board shall ratify the staff appointments made by the Department Heads and 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. These procedures 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 ofAppeals, 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. 1. Zoning Board of Appeals fZBA) 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. 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, Section 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, section 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 C. Qualifications It is the desire of the Town to establish a consistent policy in its decision-making role to fairly and equitably evaluate those citizens of the community who demonstrate desire to serve on such boards or committees. Persons wishing to be considered for appointment will submit to the Town Clerk's Office a letter with a detailed description of their interests and experience and a resume, if available. f s Inasmuch as the qualifications and terms of service for the Planning Board, Zoning Board f s, of Appeals and Conservation Board set forth in the Town of Ithaca Code may differ from each Town of Ithaca Protocol and Procedures Manual — 13 | other, it is the policy of the Town Board to evaluate each applicant on an objective basis, utilizing the following criteria: ( \1. Residencv - Residency requirements for advisory boards and committees are noted in applicable sections of the Town of Ithaca Code. 2. 2. Geographic. Economic. Ethnic and Racial Balance - Normally, consideration should be given toward maintaining an equitable balance of community and area representation on all boards and committees. To increase broad community involvement, the Town Board's goal is to appoint many different citizens to committees. The Town Board will strive to avoid appointing persons 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 strive to avoid appointing multiple members from the same family or household to a single board or committee, in order to avoid the reality or appearance of improper influence or favor, except on the Agriculture Committee. The Town Board will strive to avoid appointing members of 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. 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 that each ^ applicant may make if appointed to a board or committee. Criteria to guide the Board in its evaluation may include: a. Ability to communicate b. Desire to perform public service c. Ability to express ideas, concepts, or philosophies d. Desire to participate in decision-making process e. Availability and understanding of time commitment f. 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 (current employment, special interests, etc.) 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 (point 2). 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 size of the pool from which f ^ committee members are drawn. DRAFT 2/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual — 14 \ D. Appointment Process for Zoning Board ofAppeals 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 to interview each applicant individually, consisting of at least one Town Board Member and the Committee or Board chairperson. 2. Committee Evaluation - After each applicant or member is evaluated, the committee will deliberate and reach a decision on a recommendation. The recommendation will be forwarded to the Town Board for consideration of appointment. 3. Decision & Announcement - The Town Board vsdll consider the recommendation of the Interview Committee and vote on the appointment. Each applicant will be notified by mail of the decision of the Board. E. Appointments 1. Appointment of Planning Board. Zoning Board of Appeals and Conservation Board The Town Board is responsible for appointing members to the Planning Board, Zoning Board of Appeals and Conservation Board based on an established term of appointment. Refer to Town Law, Article 16, Section 267 and 271. Refer to other parts to this section 2.07 for more information on process of appointment, reappointment, resignations, filling r N vacancies and rules of conduct. t ^ 2. Town Board Committees F. Reappointment Criteria At such time as reappointment is considered, the Board will be guided by the following performance criteria: 1. Regularity of Attendance 2. Understanding of board or committee function 3. Demonstrated leadership 4. Active participation 5. Demonstrated contribution during past term of office on issues, programs, policies, etc., of the advisory board or committee 6. Demonstrated ability to act within the bounds of regulatory expectations of board or committee 7. Demonstrate ability to work toward the goal of the 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 Pubilc Offices Law §31. / V 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 DRAFT 2/6/20062/4/2006 TownofIthaca Protocol and Procedures Manual ~\5 ] C-DVvVit.'.^ 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. Following receipt and acceptance by the Town Board, the Town Clerk is authorized to advertise such vacancies according to the process set ^ forth in the next section (see below). ^ ^ H. Filling of Vacancies on Boards and Committees Vacancies on Boards and Committees will be filled to complete the remainder of term of the vacated position. The Town Clerk will: a. Announce the position vacancy and filing period by publication of it in the official newspaper of the Town of Ithaca.. b. Notify residents of the community whom have indicated interest in serving on a Town board or committee. c. Notify the Chairpersons of the appropriate advisory board or committee of the vacancy. d. Notify the incumbents of advisory boards and committees whose terms are expiring and invite incumbent to consider reapplying. 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 to some of these groups on an as-needed or as-requested basis. / Where applicable, the Town Board will appoint an alternate to attend outside boards, / N commissions, or committees, if the main delegate to such group is unable to attend a meeting of the group. The main delegate will notify the alternate as soon as possible after the main delegate realizes he or she will be unable to attend an upcoming meeting of the outside group. Board Members participating in policy discussions at regional meetings will represent the consensus of the Board, except where regional appointment requires regional opinion. Personal positions, when given, will be identified 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. 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 of Town boards and committees will abide by all applicable State and Town laws. Town ordinances, and other doctrines relating to the conduct of board or committee members, including, but not limited to, conflict of interest statutes, and the State Open Meetings Law. 2. Members of Town boards and committees 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 ( mimicipal corporation, including cities and towns, except as hereinafter provided. ^ ^ Exceptions to the policy set forth above shall be as follows: DRAFT 2/6/20062/4/2006 Town ofIthaca Protocol and Procedures Manual —16 | i \ I \ /-s 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 he/she is speaking only as an individual citizen and is not in any manner representing or speaking on behalf of the board or committee of which he/she is a member. K. Board Members' Role and Relationship with Zoning Board of Appeals 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 in order to assure public confidence in the decision-making process and avoid the appearance of bias, prejudice, or improper influence. Toward this purpose, the following protocol should be observed: 1. The Board Member shall declare at the outset and upon the record that the Board Member is present in his or her private capacity as an interested citizen, and not on behalf or at the request of the Town Board. 2. The Board Member shall refrain from stating or implying that the Board Member's position or opinion is that of the Town Board. 3. The Board Member shall refrain from directing Town staff or the advisory body to take any action on behalf of the Board Member. 4. The Board Member shall observe any rules of procedure or protocol that apply to any other private citizen testifying before the advisory board. 5. If a member so testifies, such members shall consider recusing him or herself from participating in the discussion and vote on the issue at the Town Board level. f \ f \ f ^ DRAFT 2/6/20062/4/2006 Town ofIthaca Protocol and Procedures Manual —17 | CdTvU-'.M. 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 > \ permit 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, Section 20 - address specific times when it may or may not be compatible for a person to hold more than one position. 2.09 Return of Materials and Equipment During their service on the Town Board, members may have acquired or been provided with equipment, as well as copies of the Ithaca Town Code, Personnel Manual, Protocol and Procedures Manual, keyless entry FOB, etc. These items are to be returned to the Town at the conclusion of a member's term. Human Resources Manager will contact members regarding any continuation of health or dental insurance if applicable. 2.10 Filling Elected Vacancies If a vacancy occurs in an elective office, the 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 law. / ^ I N DRAFT 2/6/20063/4/3004 Town of Ithaca Protocol and Procedures Manual ~ 18 t \ f \ f \ f \ Chapter 3. Interaction with Town Staff/Officials 3.01 Overview Successful town governments depend upon positive relations amongst the Town Board, Town Supervisor and Town staff. Town Board policy is implemented by the staff. It is critical that the relationship between Board and staff be well understood by all parties so that their respective roles are recognized and that policies and programs may be implemented, successfully. 3.02 Administration of the Town The Town Board's role is to establish Tovm policies and priorities, and provide for the proper administration of the Town. The Town Board may delegate the authority to implement policies and undertake the administration of the organization. The Town Board currently has delegated to the Town Supervisor the enforcement of laws and ordinances, direction of daily operations of Town government, and implementation of the policies and programs initiated by the Town Board. Approval of positions, salaries and benefits is the responsibility of the Town Board. Monitoring the budget is the responsibility of the Town Supervisor. It is the role of staff to implement the policies and programs, established by the Board and conduct the day-to-day business of the Town. For further information on appointments refer to Chapter 2. section 2.05 and 2.06. See Appendix 2 for the current job description for Town Councilperson, Appendix 3 for Town Supervisor, Appendix 4 for Deputy Town Supervisor, and Appendix 6 for the Organizational Chart. 3.03 Board Relationship to Administration The Town Board as a whole makes policy, local laws and ordinances for the Town. Individual members of the Town Board should refrain from undue involvement in the day to day administrative affairs of the Town. Individual Board Members do not supervise Town staff nor do they individually establish or change programs. Concerns regarding staff or Town business operations should be brought to the attention of the Supervisor and/or the Board as a whole. 3.04 Town Board/Town Supervisor Relationship Effective administration of the Town relies on cooperation between the Town Board and the Town Supervisor. Town Supervisor and Board Members, whether in public or private, shall be respectful of one another. When disagreements occur they should be expressed in policy not personal terms. 3.05 Town Board/Town Staff Relationship It is the responsibility of town staff to implement the policies and programs established by the Town Board. Business contact between Town Board Members and Town 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. f \ DRAFT 2/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual —19 | 3.06 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 ^ S Board of Appeals or Planning Board member in their role as an individual member of the Town / Board. Refer to Chanter 2.07 Rules of Conduct, for information regarding addressing an appointed board. 3.07 Town Board/ Attorney Relationship The Town Board shall obtain legal counsel for the Town, either by appointing a Town Attorney on a full-time or part-time basis, or contracting for such professional services. The Town of Ithaca contracts for attorney services annually. The Attomey(s) for the Town are the legal advisor(s) for the 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 Attomey(s) for the Town are to: 1. provide legal assistance necessary for formulation and implementation of legislative policies and projects; 2. represent the Town's interest, as determined by the Town Board, in litigation, administrative hearings, negotiations, and similar proceedings; 3. 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 4. keep Town Board and staff apprised of court rulings and legislation affecting the legal interest of the Town. / S It is important to note that the Attomey(s) for the Town represents or gives opinions for ^ N the Town as a whole, and not for any individual connected to town government. The Attomey(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. 3.08 Roles and Information Flow A. Board Roles The full Town Board retains the authority to accept, reject, or amend the staffs recommendation on policy matters. Individual members of the Town Board should avoid intrusion into those areas that are the responsibility of staff. These include; staff decision-making, the development of internal recommendations, scheduling of work, and executing department priorities. This allows staff to execute priorities given by management and the Board as a whole. If a Board Member has questions or concerns regarding the actions, decisions, recommendations, workloads, work schedule, or priorities of staff, that member should bring them to the attention of the Supervisor and/or the Board as a whole, for discussion and consideration. ^ DRAFT 2/6/20062/4/2006 Town ofIthaca Protocol and Procedures Manual — 20 | B. Access to Information 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 / \ timely manner. Requests should be directed to the Supervisor or to department heads in a timely manner, as well. Requests shall be granted unless it is believed that the request is not related to a legitimate Town Board function or time required to fill the request is not currently available. Disputes regarding requests for information from a Town Board member may be discussed and decided on by the Town Board. If so directed by action of the Board, staff will proceed to complete the work within a Board-established timeline. Information provided to a single Town Board member shall be made available to other Board members also. C. StaffRoles The function of staff is to implement policies and initiatives of the Town Board, keep the Board informed, and run the day-to-day operations of the Town. Staff members are obligated to comply with Federal, State and local laws and ordinances. Staffs daily functions are under the supervision of their Department Head or the Town Supervisor, as appropriate. This supervision follows the policy set by the Town Board as a whole. If a staff person believes that someone is improperly attempting to direct or influence him/her, (s)he should inform the Department Head and/or Supervisor. 3.09 Dissemination of Information A variety of methods are used to share information with the Board. Town Board members are provided agendas for and are welcome to attend Supervisor Advisory Committee f ^ (SAC) meetings. Board/staff retreats serve to focus on topics and enhance information exchange. f V The Town Supervisor also provides other information to the Board, such as status reports from inter-municipal agreements. Refer to Chanter 4 Town Board Meetings for more information. Informal meetings between Town Board members and the Supervisor or staff in groups or on a one-on-one basis are encouraged as long as such meetings do not involve a quorum of the Board in violation of the Open Meetings Law.. In initiating such meetings. Town Board members must be respectful of each others' time commitments or scheduling conflicts. 3.10 Staff Relationship to Advisory Bodies and Consultants Staff support and assistance may be provided to advisory boards, committees, consultants and task forces. Advisory bodies, however, do not have supervisory authority over Town employees. When staff members are assigned to support an advisory body, the limit to the staff time commitment will be set. Staff members will carry out appropriate assignments given by the advisory body, so long as it does not exceed the allotted time commitment. Disputes about the appropriateness of an assignment will be decided by the Town Board. While staff may work closely with advisory bodies, staff members remain responsible to their immediate supervisor. The members of the boards or committees are responsible for the functions of that advisory body. The chairperson is responsible for committee compliance with the municipal code and/or committee bylaws. Staff members are to assist the advisory body chair to ensure appropriate compliance with state and local laws and regulations. ' ^ Staff support includes but is not limited to: ^ ^ o preparation of a summary agenda after approval by the chairperson; DRAFT 2/6/20063/4/2006 Town ofIthaca Protocol and Procedures Manual —21 | 0_oW-W->Wei o preparation of reports providing a brief background of the issues, a list of alternatives, recommendations, and appropriate backup materials, if necessary. Advisory body members should have sufficient information to reach decisions based upon a clear , > explanation of the issues; j ^ o preparation of minutes of advisory body meetings; o scheduling of meetings. 3.11 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. ( \ DRAFT 2/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual — 22 ^ Chapter 4. Town Board Meetings t , The Town Board's collective policy and law-making powers are put into action at the ^ y Board meetings. It is here that the Board primarily 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, usually on the first Monday following the first Tuesday, 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. If the scheduled date for a meeting happens to be a designated legal holiday, the Board meeting will be held the following week. 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 preliminary agenda for the forthcoming Board meeting. The procedure followed by the Town of Ithaca is as follows: ^ ^ A. Notices of Public Meetings ^ ^ Public notice of the time and place of a meeting scheduled at least one week prior thereto shall be given to the news media and shall be conspicuously posted on the Town Clerk's Board at the ithaca Town Hall at least seventy-two yours before such meeting, n Public notice of the time and place of every other meetings shall be given, to the extent practicable, to the news media and shall be conspicuously postsed on the Town Clerk's Board at the Ithaca Town Hall at a reasonable time prior thereto. B. Notices of Public Hearings The Town shall publish all notices of Public Hearings in the Town's designated official newspaper and post such notices on the Town Clerk's board at Town Hall. Publication of a notice shall contain the time, place, date, subject, and body before whom the hearing is to be held. B. Preliminary Agenda of Board Meeting The public shall be notified of the preliminary agenda for the forthcoming regular Town Board meeting by posting a copy of the agenda in the following public place in the Town at least 24 hours in advance of the meeting: • Ithaca Town Hall f ^ Town Clerk's Board 215 North Tioga Street DRAFT 2/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual —23 | { \ Ithaca, NY 14850 Meeting agendas are also posted to the Town of Ithaca website www.town.ithaca.nv.us C. Duties of Town Clerk f \ The Town Clerk is directed to publish notices and post agendas as required by the Open Meetings Law. The Town Clerk is responsible for posting the notice of public meeting in advance of the meeting as described above. The Town Clerk is responsible for assembling Board Meeting packet information and mailing or delivering the packet to the Town Board members by 5 days before the meeting. See Appendix 5 for Town Clerk's Job Description. 4.03 Special Meetings The Town Supervisor may call a special meeting of the Board by 48 hour notice. The Town Supervisor may do this on his or her own initiative and shall do so within two days if requested in writing by two members of the Town Board. Notice of a special meeting will be made by the Town Clerk by delivering personally at least 48 hours before the time of such meeting as specified in the notice, by mail, email or by facsimile, written notice to each member of the Board and to each local newspaper of general circulation, and to each local radio or television station which has on file with the Town a written request to be notified of such special meeting or of all special meetings. The call and notice shall specify the time and place of the special meeting and the business to be transacted. The notices provided in this section may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical, and increase the likelihood of such injury or damage. 4.04 Organizational Meeting The Town Board shall hold an annual organizational meeting, as soon as possible after the year begins, as a special meeting or as part of a regularly scheduled meeting. The purpose for this meetings is to get the town government organized to function throughout the year. Such items to be addressed include but are not limited to: Oaths of Office, Appointments, Designation of Official Newspaper, Designation of Official Depository, Declaration of Officials and Employee Bonds, Town Board Meeting schedule and review the Procurement Policy. 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. This gathering of a quorum of the board could be considered a "meeting" under the Open Meetings Law. The policy of the Ithaca Town Board is to consider a site visit a special meeting and will be advertised by the Town Clerk as a special meeting open to the general public. 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 ^ s, 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 DRAFT 2/6/20062/4/2006 Town ofIthaca Protocol and Procedures Manual — 24 r > and caucusesinvite staff or guests to participate in their deliberations.." However, the discussion /-S must remain an exchange of ideas and points of view, and no public business shall be conducted f , (including the making of decisions), otherwise the caucus will violate the Open Meetings Law. ' ^ 4.07 Development of the Agenda A. Supervisor's Advisory Committee(SA C) Matters to be presented to the Town Board at its regular meetings are generally reviewed by the Supervisor's Advisory Committee (SAC). The SAC is composed of the Town Supervisor, Deputy Town Supervisor, Town Clerk, Town Highway Superintendent, Director of Engineering, Director of Planning, Director of Building and Zoning, Budget Officer, Human Resources Manager, Network/Records Specialist and Recreation and Youth Coordinator. Board members are welcome to join the meetings and should notify the Town Clerk to ensure there won't be a quorum of the Town Board. The Town Clerk will notify Town Board members of the place and time of meetings. B. Town Board C. A Board Member may place an item on an agenda either by submitting the or discussion item at a Town Board meeting or submitting the item 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 SAC 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. ' D. Advisory Bodies and Civic Organizations n ^ 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 issue is added to the agenda, the Town Clerk will notify the requester so that he or she may plan to attend the meeting. E. Members of the Public A member of the public may request 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 issue is approved for the agenda, the Town Clerk will notify the requester so that he or she may plan to attend the meeting. E. Distribution of Town Board Agenda The fmal agenda for a Town Board meeting must be made available to Town Board members at Town Hall at least five full days (120 hours) prior to the start of the Town Board meeting. Board Members may elect to have their copies of the agenda mailed to them. 4.08 Recording of Meetings and Retention of Information The Town Clerk, or designee, shall tape record all meetings of the Town Board, except those meetings or portions of meetings conducted in Executive Session or Closed Session. Town of Ithaca Protocol and Procedures Manual — 25 | • Approved minutes of the Board and board/committee proceedings are the official record of the meeting and are kept permanently. • Audiotapes are kept for four months after transcription/approval of the minutes, in ' ^ accordance with State Archive Records Administration requirements. / > • Agenda packets are retained for six years, in accordance with State Archive Records Administration requirements. • 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 thr 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 chairpersonO 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. r \ B. Report of Tompkins County Legislature The Tompkins County Legislature is a 15 person board, of which 7 currently represent the Town of Ithaca. On a rotating basis one of the 7 representatives attends meetings to report on the Legislature's activities. C Report of City of Ithaca Common Council The City of Ithaca Common Council has designated a member of its Common Council to attend Town Board meetings to report on the Council's activities. D. Report of Fire Commissioners The Town of Ithaca contracts with the Ithaca City Fire Department for fire protection. The Fire Department is administered by the Board of Fire Commissioners, on which the Town has 2 of 5 representatives. One of the representatives attends the meeting to update the Town Board on the operations of the Ithaca City Fire Department. E. 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 may gain recognition by raising their hands. Upon recognition by the Presiding Officer, individuals come forward, are invited to state their ( \ names and addresses, and speak to the Board. Speakers may be asked to limit their presentation ^ ^ DRAFT 2/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual — 26 | to 3 minutes, unless a longer period is permitted by the Presiding Officer. Upon recognition by the Presiding Officer, Board members may ask questions directly of individuals or staff. '' Written comments may be submitted for the record of a Board meeting by presenting the / \ written document to the Town Clerk. A copy of the document will be provided to each Board Member. Board members may bring up 'other' topics that are not on the agenda during the Board Comments section. This is the time when a Board member may request a topic to be added to a future agenda. F. Public Hearings The purpose of the Public Hearing is to give the public an opportunity to express its views and to make inquiries in respect to the matter before the Board. Public hearings shall be scheduled for a designated time to ensure that the public has the opportunity to attend. Prior to setting a public hearing a draft local law, ordinance and/or resolution will be provided to the Board, so that the Board can discuss and edit it before the hearing notice is published. An individual desiring to speak during a public hearing is to address the Board from the speaker table after giving his or her name and address. Comments are limited to the specific matter for which the public hearing is held and are limited to 3 minutes, unless a longer period is permitted by the Presiding Officer. Written comments are encouraged during the public hearings. When materials are presented during public hearings, they should be submitted to the Town Clerk before the public hearing is closed on the item. Written documents submitted will , ^ be entered into the record. 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 7 for the Public Hearing Standard of Conduct. 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. Town Board then shall be considered to be in 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, when feasible, will vote on the matter at a subsequent meeting. The Board may take immediate action if there has been adequate opportunity for the public to comment and if deemed appropriate at that time. G. Action & Discussion Items The Town Board considers approving resolutions and other matters or subjects requiring action by the Board. The Town Board discusses matters not requiring immediate action by the Board. 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. Examples of such items include: • Approval of all Board minutes; • Abstract for Town; ( y • Abstract for SCLIWC (Bolton Point); • Ratification of Appointments (to Town or Bolton Point positions); DRAFT 2/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual — 27 | • Approval of Job Descriptions; . . • Approval to Attend Conferences/Training; n . . ' >• Approval of Disposition Listings; ^ Unless a member of the Board requests a reading of the minutes of a Board meeting, such minutes may be approved without reading, if the Clerk has previously furnished each member with a copy thereof. No discussion shall take place regarding any item on the consent agenda beyond asking questions for simple clarification. Prior to approving the items on the consent agenda. 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. K Boards & Committees During this portion of the meeting, the Board will discuss and update what is happening on committees on which they sit. 7. Reports of Town Officials Members of the Board and the Town Supervisor may take this opportunity to make comments, extend compliments, express concerns, or make announcements concerning any topic they wish to share with staff or the public. The Town Officials may discuss topics with the Board or add items to their written reports. _ J. Review of Correspondence r \ Written comments may be submitted to the Board at any time by mailing or otherwise f ^ delivering to the Town Clerk, 215 North Tioga Street, Ithaca, NY 14850. The Clerk will also distribute a copy of the correspondence via the Correspondence Folder that is passed around at the Town Board Meeting. Town Clerk shall distribute to the Town Board such written communication items pertaining to public hearing topics and will include them in the minutes. K. Executive Session Executive Session is to privately discuss and consider matters of confidential concern to the well being of the Town. 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 emperil 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 appontment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation; f ^ • The preparation, grading or administration of examination; and; f \ DRAFT 2/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual — 28 | • 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 f , publicity would substantially affect the value thereof. / \ • Before convening in Executive Session, a Town Board member is to make a motion to enter into executive session and that motion much be approved by a majority of the entire Town Board. The motion must identify with "particularity" the subject to be discussed. The public will be notified when the Board returns to regular session. If no formal action was taken in an executive session, as is often the case, then no minutes need to be taken. Summary minutes must be made of any final determination taken by formal vote, including the date and vote, however, such summary should not include any matter which is not required to be made public under the Freedom of Information Law. Public monies cannot be appropriated by formal vote in an executive session. L. 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 members should make a motion to enter into closed session, and that motion must be approved by a majority of the Town Board. The motion must state that the purpose of closed session is to seek legal advice of counsel. The public will be notified when the ^ Board returns to regular session. ^ ^ L. 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. Consideration of the agenda matter then on the floor will be continued beyond 10:00 p.m. by majority vote of the entire Board. In the event the remaining agenda cannot be concluded at any meeting by 10:00 p.m. and the Board does not vote to waive the 10:00 p.m. ending time, the meeting will be recessed to a definite time and place, and notice of such continued meeting will be given as provided by statute. 4.10 General Procedures A. Seating Arrangement of the Board The Town Supervisor, with the approval of individual Board members, shall establish seating arrangements for regular Board meetings. B. Signing of Town Documents The Town Supervisor, unless unavailable, shall sign all contracts and other documents which have been approved by the Town Board and require an official signature. In the event the ^ Town Supervisor is unavailable, the Deputy Town Supervisor shall sign such documents. f > DRAFT 2/6/20062/4/2006 Town ofIthaca Protocol and Procedures Manual — 29 | C. Quorum Four members of the Board shall constitute a quorum and are necessary for the ' ^ transaction of Town business. A lesser number may adjourn the meeting. < ^ / > 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. E. How Many Votes are Requiredfor Passage? Except when otherwise required by law, eveery 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). P. Amending the Policies and Procedures Manual The Policies and Procedures Manual may be amended at any Town Board meeting provided that the amendment is placed on the final Town Board agenda and made available to Town Board members in a timely fashion as specified in 4.07.E 4.11 Open Meetings Law A. Applicability The Open Meetings Law applies to the Town Board, all quasi-judicial bodies, and all standing, special or advisory boards, committees or subcommittees of, or appointed by, the Town Board. f > B. Meetings 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. A meeting takes place when a quorum (a majority of the entire Board) is present and information concerning Town business is received, discussed, and/or acted upon. 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 if a quorum of the Town Board exists, public business is discussed, and the Board is not in Executive Session or closed session. C 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. D. Actions Legal action must be taken by the Board in an open public meeting, except for some instance in executive session, as discussed in Section 4.09 (L). At a Special Meeting, action can be taken only on those items appearing on the posted agenda. At a Regular Meeting of the Town Board, the Board is free to take action on non-agenda items, subject to applicable notice f requirements in state statutes or local laws ordinances for the subject matter being considered. ^ ^ DRAFT 2/6/20062/4/3006 Town of Ithaca Protocol and Procedures Manual — 30 | E. 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 attomey 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. t > f \ DRAFT 2/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual —31 | 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. ^ ^ 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. The basic steps to conducting business include: • When the next item on the agenda is a motion to be considered. The Presiding Officer will move that item or call upon a Board Member to move that item. • A second member of the Board seconds the motion. • If there is material or information to be presented the Presiding Officer will ask the appropriate person to address the Board. o If a public hearing is scheduled: n The Presiding Officer opens scheduled public hearing at the specified time n The Presiding Officer closes the public hearing after receiving comments from the public n The Presiding Officer brings the matter back to the Board for discussion • The Presiding Officer states the motion (if necessary) and calls for discussion or ^ > debate on the motion f • The Board discusses the motion. During that discussion, when recognized. Board Members may move appropriate procedural motions (i.e., any motion authorized by this manual or Roberts Rules of Order even when another motion is already on the floor.) Any changes to the motion are proposed as amendments. Amendments may also be amended and then either accepted or rejected by vote of the Board. The Presiding Officer calls for any further discussion or debate The Presiding Officer restates the motion, if necessary, and puts the motion to a vote 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. 5.03 Order of Discussion In general, the Presiding Officer will follow the prepared agenda. However, on those occasions when the Presiding Officer believes that deviations are necessary or convenient, the DRAFT 2/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual — 32 r ^ f \ Presiding Officer will propose changes. A Board member may also suggest a reordering of or addition to the agenda. Reordering of 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. Additions to the agenda as distributed (see 4.07.E) will be accepted by consensus of the Board, or by a two thirds vote of the Board present, if there is any objection to the changes. 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 his/her hand prior to making a motion or engaging in debate or discussion. When appropriate, the Town Board Members may ask to respond to questions with 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: 1. 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 (or his or her designate) will keep a written list of board members in the order in which they have been recognized by the Presiding Officer. Tthe Presiding Officer may recognize him or herself by so announcing to the Board and placing him or herself in order 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 has been passed by a 2/3 vote of those present. 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 ask for recognition. 5.06 Making a Motion Once the Presiding Officer has recognized a Board Member, the individual makes the f \ 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; a Board Member t s f '\ f \ DRAFT 2/6/20062/4/2006 7bw« ofIthaca Protocol and Procedures Manual - 33 | might state "I make this motion in order to put it on the floor for discussion. I am not sure of my position on it at the present time." 5.07 Seconding a Motion ^ After a motion has been made, and if it requires a second, 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 meeting." 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 he/she deems appropriate and asks if there is any discussion. After the motion has been made and seconded it is said to be pending. No other mam motion may be made until the pending motion has been disposed of. Motions relating to a pending main motion or procedural motions permitted in this manual or in Roberts' Rules of Order 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 maker of the motion. It must be accepted by the maker 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 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 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. 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. DRAFT 2/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual — 34 ( > r \ f \ 5.12. Tabling a Motion A Board member may move to table the pending motion (i.e., put the pending motion aside temporarily) when some other issue of immediate urgency has arisen. No reason may be given for the motion by the maker or seconder, and the motion is not debatable by anyone. The motion to take up the tabled motion must be made and seconded, and requires a majority vote of the entire Board. After a motion has been tabled, it can be taken back up as soon as the interrupting business is disposed of and when no other motion is pending. . The proper use of the motion to table is to allow the Town Board to turn to another matter that is urgent and pressing. 5.12 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 he/she is encouraged to state the reason for the abstention. Board Members have the right to have the reasons for his/her 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 Chanter 7 for further information regarding Conflicts of Interest. ( ^ When the debate is terminated as described in 5.04.A.3, the Presiding Officer puts the f ^ motion to a vote. Only those ordinances, resolutions, or main motions that receive an affirmative vote by the required majority of the Town Board shall be passed and become effective. Adopted motions cannot be reconsidered by the Board at another meeting in the same calendar year except by a vote of 5 members of the Board. 5.13 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 also so that the audience can hear the discussion. • Except where the Town Board is required to follow certain procedures as specified in State law,Roberts' Rules of Order will apply for procedures not covered in this f \ manual. DRAFT 2/6/20062/1/2006 Town of Ithaca Protocol and Procedures Manual —35 | Chapter 6. Board Correspondences ' ^ 5.14 Questions Regarding Rule of Order If a Board Member questions whether or not the rules of order are being properly followed, he or she 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 f ^ 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 used, the Attorney for the Town should give advice, even when it has not been requested. 5.15 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 Manui. 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. 5.16 Suspension of the 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 five votes 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. i >6.01 Overview 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. 6.02 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. DRAFT 2/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual — 36 ( ^ Town letterhead will be used only for official correspondences. Town letterhead must never be utilized for personal or political purposes. f > 6.03 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 All letters, memoranda, and electronic communication involving Town Board Members and members of advisory boards and committees, the subject of which relates to the conduct of government or the performance of any governmental function are public records. Copies of such letters, memoranda, and electronic communication may not be provided to the public or news media without the filing of a Freedom of Information Law request with the Town Clerk. B. Written Correspondences Written letters and memoranda received by the Town, addressed to or the Board as a body, will be placed in the Correspondence Folder to be presented at the next Town Board meeting, and a copy kept according to the Town's Records Retention Schedule. Letters addressed to an individual member of the Board may be placed in the Correspondence Folder at the discretion of the addressee. C Electronic Correspondences 1. 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. 2. All messages that relate to the functional responsibility of the recipient or sender as a public official constitute a public record. Such records shall be handled as follows: • If a citizen sends an e-mail to a Board Member and requests that it be included in the record of a particular public hearing, the Board Member will forward said e-mail to the Town Clerk. 3. E-mail should be used cautiously when seeking legal advice or to discuss matters of pending litigation or other "confidential" Town business. In general, e-mail is discoverable in litigation, and even deleted e-mail is not necessarily removed from the system. Confidential e-mail commxmications should not be shared with individuals other than the intended recipients, or the attorney-client privilege protecting the document from disclosure may be waived. 4. E-mail bearing the Town's "return address" will not be used for personal use. 5. When an individual Board Member has completed his or her term of office, staff will close out any email account. Documents belonging to the Town shall be returned to the Town Clerk for proper filing. DRAFT 2/6/20062M/2006 Town of Ithaca Protocol and Procedures Manual —37 | Chapter 7. Conflicts of Interest, Ethics Law, and Liability of Elected OfGcials 7.01 Ethics Law - Conflicts of Interest The Ethics law is one of the most complicated laws on the books. To understand its effect on a Board Member's actions, it is suggested that members discuss the law and potential conflicts with a private attorney or the Attorney for the Town. It is imperative that Board Members identify in advance what conflicts may occur. For more complete information regarding the Town of Ithaca's Code of Ethics refer to Code of the Town of Ithaca, Chapter 32. It is illegal to fail to declare a conflict of interest, or to participate or otherwise be involved in discussions on issues or contracts where such an interest exists. Violations of the conflict of interest law may result in significant penalties, including criminal prosecution. In circumstances where only a "remote interest" (see below) exists, after disclosure of the interest to other Board Members and in the meeting minutes, the Board may approve the contract to which a Board Member has a remote interest, absent participation in the voting by the Board Member with the remote interest, but only if the Board Member refrains from any attempt to influence other members to approve the contract. A. Applicability All Town officers, elected and appointed, are subject to the conflict of interest law as specified in the Code of the Town of Ithaca, Chapter 32. B. Definition f > Remote Interests are so minor that they do not constitute illegal conflicts of interest. Remote interests exist when a Town official is: • a non-salaried officer or member of a nonprofit corporation doing business or requesting money from the Town. Therefore, being such an officer or member would not constitute a conflict • the landlord or tenant of a contracting party. For instance, a Board Member may lease office space to a party which has a private interest in a public matter without it resulting in a conflict of interest • the owner of less than 1 percent of the shares of a corporation or a cooperative doing business with the Town • being reimbursed only for actual and necessary expenses incurred in performance of official duties C Acts not Constituting a Conflict of Interest • receiving municipal services on the same terms and conditions as if not a Town official. Thus, when a Board Member who owns a business within the Town votes for or against an increase in the business license fees, a conflict would not exist because this action would apply to all businesses in the corporate limits • an officer or employee of another political subdivision or public agency unless it is the same governmental entity being served who is voting on a contract or decision which would not confer a direct economic benefit or detriment upon the officer. DRAFT 2/6/20062/4/2006 Town ofIthaca Protocol and Procedures Manual — 38 f ^ Therefore, a Board Member who is a school teacher may vote to enter into an intergovernmental agreement with the school district, unless such agreement would r ^ confer some direct economic benefit, such as a salary increase, upon the Board Member f a member of a trade, business, occupation, profession, or class of persons and has no greater interest than the other members of that trade, business, occupation, or class of persons. A class must consist of at least ten members to qualify the interest as remote. A Town official may sell equipment, material, supplies, or services to the Town if this is done through an award or contract let after public competitive bidding. D. Declaration of a Conflict When a substantial interest exists, the Town official must: 1. Refrain from voting or in any way influencing a decision of the Town Board; and 2. Declare that a conflict of interest exists and make it known in the official records of the Town. Should a situation arise wherein a majority of Board Members or a majority of a quorum of those present at a Board meeting have a substantial conflict of interest, state law provides that if the conflict of interest statutes prevent the Town Board from acting as required by law in its official capacity, such action shall be allowed if the members of the Board with the apparent _ conflicts of interest make them known. f > E. Attorney for the Town Opinions ( \ A Board Member's request for an opinion from the Attorney for the Town concerning conflict of interest is confidential. However, formal final opinions are a matter of public record and must be filed with the Town Clerk. This filing requirement does not apply to verbal communications between Board Members and the Attorney for the Town. Board Members may seek advice from a private attorney, at their own expense, concerning potential conflicts. In such cases, no disclosure policy would apply. F. Filing of Annual Disclosures The Town Clerk maintains a special file of annual disclosures that shall be filed by April 30^*^ of each year and legal opinions of conflicts of interest. G. Prohibited Acts • No municipal officer may use his or her position to secure special privileges or exemptions for himself, herself, or others. • No municipal officer may, directly or indirectly, give or receive or agree to receive any compensation, gift, reward, or gratuity from a source except the employing municipality, for a matter connected with or related to the officer's services as such an officer unless otherwise provided for by law. • No municipal officer may accept employment or engage in business or professional activity that the officer might reasonably expect would require or induce him or her by reason of his or her official position to disclose confidential information acquired by reason of his or her official position. DRAFT 2/6/20062AI/2006 Town of Ithaca Protocol and Procedures Manual — 39 • No municipal officer may disclose confidential information gained by reason of the officer's position, nor may the officer otherwise use such information for his or her personal gain or benefit. 7.02 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. Elected and appointed officials may participate in risk management training to reduce liability due to actions taken, especially in the areas of land use. f ^ f \ f > DRAFT 2/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual — 40 ^ , 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 in excess of the amount specified in the notice of hearing on the preliminary budget published. Town Councilmen receive an annual salary paid out in quarterly payments. Town Supervisor is paid an annual salary that is paid out bi-weekly. Planning and Zoning Board members receive pay quarterly based on the number of meetings they attended that quarter as allowed by Town of Ithaca Code, Chapter 20. 8.02 Health and Dental Insurance Town provides Health Insurance for the employees, retirees and Town Board Members. A Town Councilman may enroll with the Town's Health Insurance within 30 days from taking office or annually during the open enrollment period. A Town Councilman would cost share the monthly premium at 50%/50%. A Town Supervisor that is considered full time is eligible to enroll with Town's health insurance at a cost share equal to a full time employee working 35 hours per week or more. Town provides Dental Insurance for the employees, retirees and Town Board Members, with all paying 100% of the monthly premium. Town Board Members are also eligible to ^ participate in the Town's Flexible Spending Program. f \ 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 Budget 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. 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 Electronic Media and Use Policy. 8.05 Mai! and Deliveries f \ 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 DRAFT 2/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual ~ 41 CoVaAw, Members are encouraged to check mailboxes often. In addition, Town staff will fax or personally deliver materials that are time-sensitive to a member's home or office, if appropriate. 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 Assistant at 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 Hal! The parking lot at Town Hall during normal business hours (Sam - 4pm) is utilized by Town staff and the Post Office 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. 6/13/05 Aurora Street 1 2 3 4 5 6 7 8 9 10 D p Planner Sr. Typist Princ. Clerk Recr Court Clerk Asst DIr Eng Budgt Off. Code Enf. Town Clerk HR R 1 V E 0 s T A BuffaolStreet Asst DIr Plan Sr. Typist Network Bookkeeper Court Clerk Code Enfce Env Plan Eng. Deputy Town Clerk Temp Parking Brd Mbr/Judge W A Y L P A R K 1 N Reserved Designated Town Parking Spaces G 00 c =t! Handi capped parking Town Super visor Planning (Jon) Zoning (Kristle) Zoning Eng. (Dan) Eng. Van S T A R TOWN LOADING DOCK POST OFFICE LOADING DOCK 0) o m (B (D P L A N T E R : ' B U , 1 ' i L D "'I --r- N "';, G V- f \ r \ t \ DRAFT 2/6/20063M/3Q06 Town of Ithaca Protocol and Procedures Manual ~ 42 ^ 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,nvtowns.eov 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 www.mrsc,or£ (website for Municipal Research & Services Center of Washington) 9.02 New York State Office of the Comptroller 110 State Street, Albany, NY 12236 [(518) 474-4044] \ • www,osc,state,nv,us ( \ 9.03 New York State Town Clerks Association • www.nvstca.com 9.04 New York State Department of State - Division of Local Government [(518) 473-3355] • www,dos»state,nv, us/l9ss/index,htm 9.05 New York State Department of State - Committee on Open Government [(518)474-2518] • wwwMvstca,com 9.06 New York State Unified Court System [(800)COURTNY] • www.nvcourts.gov • New York State Unified Court System Office of Court Administration 25 Beaver Street New York, NY 10004 DRAFT 2/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual ~ 43 9.07 New York State Planning Federation [(518) 270-9855] • www.nvpf.org 9.08 Cornell Local Roads Program [(607) 255-8033] • www.clrp.comeIl.edu / S / ^ 9.09 Other Reference Materials on File Other reference materials that may be of interest to 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 Program Park and Open Space Plan f ^ f > r > f \ DRAFT 2/6/20063/4/3004 Town ofIthaca Protocol and Procedures Manual ~ 44 f 1 f \ f ^ r ^ Town of Ithaca Protocol and Procedures Manual — 45 Tee Ann Hunter om: nt: >: Cc: Subject: Peter Stein [pcs1@corneIi.edu] Monday, February 06, 2006 10:53 AM Tee Ann Hunter; Cathy; Herbert Engman (E-mail); Jeff Cowie (E-mail); Pat Leary (E-mail); Sandra Gittleman (E-mail); Will Burbank (E-mail) brock@clarityconect.com Tonight's Board Meeting Town P&P iual_Brock_020406. Colleagues, I went through the changes suggested by Susan Brock, adopted nearly all of them, and incorporated them into the substitute motion that I distributed to you a week ago. I do not believe that any of the changes I adopted would be considered controversial by any of the Board members. Attached is the substitute motion with those amendments of Susan I adopted incorporated into it. This is the substitute motion I intend to introduce at the meeting this evening. ^ * /: —V February 6, 2006 Town Board Meeting ATTACHMENT i^2 COUNCILMAN STEIN'S VERSION TOWN OF ITHACA BOARD PROTOCOL AND PROCEDURES MANUAL 18 21 § & Adopted: Resolution TABLE OF CONTENTS t \ OATH OF OFFICE 5 ' ^ FOREWORD 6 CHAPTER 1. INTRODUCTION AND OVERVIEW 7 1.01 Purpose of board Protocol and Procedures Manual 7 1.02 Overview of Town of Ithaca Government 7 1.03 Overview of Basic Town Documents 7 1.04 Orientation of New Members 9 CHAPTER 2.TOWN BOARD; GENERAL POWERS AND RESPONSIBH^ITIES 10 2.01 TOWN Board Generally 10 2.02 Role of 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 12 2.07 Appointment of Boards and Committees 134^ | 2.08 Incompatibility of Offices 18 2.09 Return of Materials and Equipment 18 2.10 Filling Elected Vacancies 18 CHAPTER 3.INTERACTION WITH TOWN STAFF/OFFICIALS 19 ^ 3.01 Overview 19 ^ 3.02 Administration OF THE Town 19 ' ^ 3.03 Board Relationship to Administration 19 3.04 Town Board/Town Supervisor Relationship 19 3.05 Town Board/Town Staff Relationship 19 3.06 Town Board/ Appointed Board Relationship 20 3.07 Town Board/ Attorney Relationship 20 3.08 Roles and Information Flow 20 3.09 Dissemination of Information 21 3.10 Staff Relationship to Advisory Bodies and Consultants 21 3.11 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 252524 | 4.08 Recording of Meetings and Retention of Information 25 4.09 Order OF Business 262625 | 4.10 General Procedures 29 ^ 4.11 Open Meeting Law 303029 4.12 Emergency Evacuation Plan 313430 ' ) / \ DRAFT 4/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual ~ 2 / ^ i \ \ CHAPTER 5.RULES OF ORDER 323m /^, 5.01 Basic Steps TO Conducting Business 323m 5.02 Meeting Decorum and Order 323m 5.03 Order of Discussion 323m 5.04 Obtaining the Floor 333333 5.05 Questions to and Comments from Staff 333333 5.06 Making A Motion 333333 5.07 Seconding a Motion 343433 5.08 Modify Motion by Maker 343433 5.09 Stating the Motion 343433 5.10 Amendment to the Main Motion 343433 5.11 Postponement of Business 343433 5.12 Voting Procedures ..... ... ...—.... ................. 353534 5.13 Other Protocol 353534 5.14 Questions Regarding Rule of Order 363634 5.15 Adherence TO Rules OF Order 363635 CHAPTER 6.BOARD CORRESPONDENCES 3^635 6.01 Overview 363635 6.02 Correspondence from Board Members 363635 6.03 Freedom of Information Law 373736 CHAPTER 7. CONFLICTS OF INTEREST, ETHICS LAW, AND LIABILITY OF ELECTED OFFICIALS 38 7.01 Ethics Law - Conflicts of Interest 38 7.02 Liability 40 CHAPTER 8. BOARD COMPENSATION, BENEFITS AND SUPPORT 41 8.01 Board Compensation 4 8.02 Health and Dental Insurance 4 8.03 Board Expenses —................ 4 8.04 Office Equipment 4 8.05 Mail and Deliveries 4 8.06 Meeting Rooms 42 8.07 Parking at Town Hall 42 CHAPTER 9. ADDITIONAL TRAINING AND RESOURCE MATERIALS 43 9.01 The Assocution of Towns of the State of New York.. .... ...... 43 9.02 New York State Office of the Comptroller 43 9.03 New York State Town Clerks association ..... .... .....— 43 9.04 New York State Department of State - Division of Local Government 43 9.05 New York State Department of State - Committee on Open 43 9.06 New York State Unified Court System l(800)COURTNY)..—... ......................... ...43 9.07 New York State Planning Federation [(518) 270-9855] 44 9.08 Cornell Local Roads Program 1(607) 255-8033] 44 9.09 Other Reference Materials on File .........— 44 APPENDIX ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT- DEFI^JED.45 TOWN BUDGET CALENDAR APPENDIX # 1 ....ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFmED.46 DRAFT 4/6/20063/4/2006 Town of Ithaca Protocol and Procedures Manual — 3 / \ TOWN COUNCILPERSON APPENDIX # 2.—ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKM\RK NOT DEFINEI>r4^ /-^ TOWN SUPERVISOR APPENDIXES. ERROR! BOOKMARK ' \ NOT DEFINED.ERROR! BOOKMARK >JOT DEFmED:4» DEPUTY TOWN SUPERVISOR APPENDIX # 4 ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFINEDt52 TOWN CLERK APPENDIX # 5 ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFRJEO^ _Tocl22427311 ORGANIZATIONAL CHART APPENDIX #6 STANARDS OF CONDUCT APPENDIX # 7......ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKM\RK NOT DEFINED.58 TIPS FOR SUCCESSFUL PUBLIC SERVICE APPENDIX # 8.....ERR0R! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFINED^ GLOSSARY OF TERMS.... ERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARfe- NOT DEFRJED.61 BOARDS/COMMITTEES FOR THE YEAR 2005 APPENDIX 9....ERR0R! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NOT DEFI>JED.63 r 1 I ) f \ f ) I 1 DRAFT 4/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual ~ 4 TOWN OF ITHACA OATH OF OFFICE STATE OF NEW YORK ) ) ss COUNTY OF TOMPKINS ) I do solemnly swear 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 [Board or Committee ] of the Town of Ithaca, according to the best of my ability. Signed Term of Office:Month day, year - Month day, year Subscribed and sworn to before me this day of , Attest: Town Clerk oWirv DRAFT 4/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual ~ 5 j 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. 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 4.10.F. Revisions adopted by the Board will be incorporated into the Manual by the Human Resources Manager. t \ f \ f \ f \ I >1 ! \ DRAFT 4/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual — 6 | Chapter 1. Introduction and Overview As a Board Member, you not only establish important and often critical policies for the ^ community, you are also a board member of a public corporation having an annual budget of several million dollars. The Planning Board and Zoning Board of Appeals are independent Boards responsible in their domain for interpretation of the zoning ordinance, advice, consultation and consideration of appeals and requests for various approvals. For example, the Planning Board has been authorized by the Town Board, pursuant to State enabling statutes, to review and approve subdivisions, site plans, special permits and to provide recommendations to the Town Board and Zoning Board of Appeals on certain matters. The Zoning Board of Appeals is a quasi-judicial body and is authorized to grant use and area variances according to criteria established in State enabling laws, and to issue interpretations of the Zoning code. Board members must remember they are elected or appointed as representative for the good of the whole town. 1.01 Purpose of Board Protocol and Procedures Manual The Town of Ithaca has prepared its own protocol and procedures manual to assist the Town Board, Planning Board and Zoning Board of Appeals by documenting accepted practices and clarifying expectations. Administration of Town affairs is greatly enhanced by the agreement of the Boards and staff to be bound by these practices. Procedures are established so that expectations and practices can be clearly articulated to guide town officials and staff in their ^ actions. t 1.02 Overview of Town of Ithaca Government < \ The Town of Ithaca is a town of the first class, which allows the Town to have a supervisor, six (6) councilmen, 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 supervisor, councilmen, and town justices are elected officials, with all other positions in the Town 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. The Supervisor is a member of the Town Board. In the Town of Ithaca, the Town Board has customarily delegated some powers and duties of administration and supervision to the Town Supervisor. The Planning Board and Zoning Board of Appeals are appointed boards with set terms of office. Planning Board Members serve a seven year term with the duty to review land uses within the Town. Zoning Board of Appeals members serve a five year term and act as a quasi judicial board that review requests for variances fi-om the Town's Zoning Ordinance. 1.03 Overview of Basic Town Documents This document 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 the Town to certain courses of action and practices. The following is a summary of some of the most notable documents that establish Town Board direction. DRAFT 4/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual — 7 | A. Code of the Town of Ithaca The Code of the Town of Ithaca contains all of the local laws and ordinances currently in effect. The Town maintains bound volumes and electronic versions of the Code that are updated ' ^ quarterly to include any new legislation. f \ B. Personnel Manual The Personnel Manual documents policies and informs employees of the policies and procedures of the Town of Ithaca (Town) and Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC). Policies and procedures involving the employees are recommended by the Personnel Committee and adopted by the Town Board and SCLIWC where appropriate. Members of the Town Board, boards, committees. Town 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 Cavuga Lake Intermunicipal Water Commission (SCLIWC) The Commission is the executive body created by an Agreement of Mxmicipal Cooperation, (AMC) in order to, among other duties, manage, serve and operate projects 1 and 11, which consist of a water supply and transmission system. The Towns of Dryden, Ithaca, and Lansing and the Villages of Cayuga Heights and Lansing are parties to this AMC, 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 has designated the Town of Ithaca to provide specific personnel related services such as payroll and associated reporting. Those functions result in the Town of Ithaca bearing the status of "Employer of Record". 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 covering 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. 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. C. Annual Budget The annual budget is an orderly 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 jframework for government operations. The time table for presentation and adoption of a town budget is mandated by State Law. See Appendix #1 for Budget Calendar. D. Annual Financial Report / ^ The annual financial report includes the financial statements of the Town for a calendar ^ year. Pursuant to Article 3 of the General Municipal Law, every local government must annually ^ Town of Ithaca Protocol and Procedures Manual ~ 8 1 ! r / ^ file a financial report [Annual Update Document (AUD)] with the State Comptroller. This /^\ 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. The AUD must be filed within 60 days of the close of the Town's fiscal year, which is December 31st. E. Comprehensive Plan The comprehensive plan is a long-range, genered 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 pattems 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 1993. F. Five-year Capital Improvement Program The Five-year Capital Improvement Program serves as a guide for determining priorities, planning, financing, and constructing capital projects which add to, support, or improve the physical uifrastructure, 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 (which is under preparation.) The Capital Projects and Fiscal Planning Committee develops a long range Capital Improvement Program and recommends an annual capital budget to the Town Board. Capital projects cover a range of physical improvements in areas such as sewer, water, parks, trails, highway, transportation, and storm water management. This plan can be found in the back of the budget. G. Disaster Preparedness Plan The Town maintains a disaster 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. \ ! I \ 1.04 Orientation of New 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, the Town Supervisor and Human Resources Manager will host 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 officials orientation. At any time, if there are facilities or programs about which you would like more information, arrangements will be made to increase your awareness of these operations by ^ contacting the Human Resources Manager. Town of Ithaca Protocol and Procedures Manual — 9 0\c\/A Chapter 2. Town Board: General Powers and Responsibilities 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. The 7 members of the Ithaca Town Board are collectively responsible for 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 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 ofBoard Duties and Responsibilities as Provided in, but not limited to, the New York State Town Law, Article 4, Section 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 e. Adopt resolutions f. Designate Town Depositories DRAFT 4/6/20063/4/300^ Town of Ithaca Protocol and Procedures Manual —10 / \2.01 Town Board Generally Fundamentally, the powers of 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 Town Board is the policy making and law making body of the Town. The New York State Constitution and State law grant the powers and set forth the responsibilities of the Board. It is important to note that the Board acts as a body. No member has any extraordinary powers beyond those of other members. The Town Supervisor has some additional ceremonial, presiding officer and other responsibilities as described below. When establishing policies, voting, and in other significant areas, all members are equal. It is also important to note that policy is established by at least a majority vote of the entire Board. While individual members may disagree with decisions of the majority, a decision of the majority does bind the Board to a course of action. Board Members must respect adopted Board policy. In turn, it is staffs responsibility to ensure the policy of the Board is upheld. Effective Town Government is a complicated and daunting task. Informed decision making requires that Board Members prepare themselves for Board or committee meetings. This preparation includes the review of materials provided in advance. These materials may include such items as; agendas, staff memos, draft resolutions, and reports. See Appendix # 8 for Tips for Successful Public Service. I I 2.02 Role of Board Members > / 1 f ) , s ( \ 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 Advisory Boards and Committees a. Ratify Supervisor's establishment of committees b. Appoint Planning Board and ZBA members c. Ratify Supervisor's appointments of committee members 5. Provide Public Leadership a. Relate wishes 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 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 may participate in all deliberations of the Board in the same manner as any other member and is expected to vote in all proceedings, unless a conflict of interest exists. The Town Supervisor does not possess any power of veto. B. Treasurer- Chief Fiscal Officer The Town Supervisor shall carry out all realms of the accoimting function for the Town, as described in Section 29 of Town Law. 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 provided by law. The Supervisor shall have similar duties for special districts in the Town. C Budget The Town Supervisor is responsible for preparing the Tentative Budget that is filed with \ the Town Clerk by September 30^ and presented to the Town Board by October 5*^. ^ D. Administrator Town of Ithaca Protocol and Procedures Manual —11 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, Section / , 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. By ! \ this delegation, however, the Town Board may not abdicate to the Supervisor or surrender to him/her the Town Board's basic statutory responsibilities. E. Other Duties The Town Supervisor has other statutory duties as well, including those listed in Sections 29 and 125 ot Town Law. 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 Board Members will be absent from the Town for more than 7 consecutive days, they shall notify the Town Clerk of such absence. Board Members shall also notify the committee chair or staff support person responsible for the committee for meetings they will miss. f > V } \ 2.05 Appointment of Town Officials The Town Board is responsible for appointing the Town Clerk, Receiver of Taxes, Highway Superintendent and Director of Engineering. The appointees shall hold their respective offices as provided in Town Law Section 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 Clerks 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 no 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. Public Officers Law Section 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 and qualified..." 2.06 Appointment of Department Heads and Staff The Town Board is responsible for the appointment of Department Heads 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. ' | 1. Appointment of Additional Management Staff t \ DRAFT 4/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual — 12 | Senior staff members, including: Budget Officer, Human Resources Manager, Network Records Specialist and Recreation and Youth Coordinator, will be appointed by the Supervisor subject to confirmation by the Town Board.. 2. Appointment ofDepartment Staff t \ The Town Board shall ratify the staff appointments made by the Department Heads and 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. These procedures ensure that well-qualified, responsible, and willing citizens representing the diversity of the conununity are given the opportunity to serve the Town and participate in the governing of their community. A. Role ofZoning Board ofAppeals, 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. 1. Zoning Board of Anneals (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 fi"om, and provides interpretations of, the Zoning Ordinance. 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, Section 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, section 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 C. Qualifications It is the desire of the Town to establish a consistent policy in its decision-making role to fairly and equitably evaluate those citizens of the community who demonstrate desire to serve on such boards or committees. Persons wishing to be considered for appointment will submit to the Town Clerk's Office a letter with a detailed description of their interests and experience and 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 DRAFT 4/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual -13 | other, it is the policy of the Town Board to evaluate each applicant on an objective basis, utilizing the following criteria: 1. Residency - Residency requirements for advisory boards and committees are noted in ' applicable sections of the Town of Ithaca Code. ^ ^ 2. 2. Geographic. Economic. Ethnic and Racial Balance - Normally, consideration should be given toward maintedning an equitable balance of community and area representation on all boards and committees. To increase broad community involvement, the Town Board's goal is to appoint many different citizens to committees. The Town Board will strive to avoid appointing persons 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 strive to avoid appointing multiple members from the same family or household to a single board or committee, in order to avoid the reality or appearance of improper influence or favor, except on the Agriculture Committee. The Town Board will strive to avoid appointing members of Town Board Members' families or households to boards or committees to avoid the appearance of favor and to increase commimity representation 3. Occupation - The Board will attempt to maintain a broad mix of occupational backgrounds on all boards and committees. 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 that each ' ^ applicant may make if appointed to a board or committee. Criteria to guide the Board ' ^ in its evaluation may include: a. Ability to communicate b. Desire to perform public service c. Ability to express ideas, concepts, or philosophies d. Desire to participate in decision-making process e. Availability and understanding of time commitment f. 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 (current employment, special interests, etc.) 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 (point 2). 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 size of the pool from which committee members are drawn. '' ^ DRAFT 4/6/20062/4/2006 Town ofIthaca Protocol and Procedures Manual —14 | D. Appointment Process for Zoning Board ofAppeals 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 to interview each applicant individually, consisting of at least one Town Board Member and the Committee or Board chairperson. 2. Committee Evaluation - After each applicant or member is evaluated, the committee will deliberate and reach a decision on a recommendation. The recommendation will 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 mail of the decision of the Board. E. Appointments 1. Appointment of Planning Board. Zoning Board of Appeals and Conservation Board The Town Board is responsible for appointing members to the Planning Board, Zoning Board of Appeals and Conservation Board based on an established term of appointment. Refer to Town Law, Article 16, Section 267 and 271. Refer to other parts to this section 2.07 for more information on process of appointment, reappointment, resignations, filling vacancies and rules of conduct. 2. Town Board Committees F. Reappointment Criteria At such time as reappointment is considered, the Board will be guided by the following performance criteria: 1. Regularity of Attendance 2. Understanding of board or committee fimction 3. Demonstrated leadership 4. Active participation 5. Demonstrated contribution during past term of office on issues, programs, policies, etc., of the advisory board or committee 6. Demonstrated ability to act within the bounds of regulatory expectations of board or committee 7. Demonstrate ability to work toward the goal of the board or committee. G. Board and Committee Resignations 1. Resignations fi-om the Planning Board, the Board of Zoning Appeals, and the Town Board are prescribed in Pubilc Offices Law §31. 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 jfrom a DRAFT 4/6/20062/4/2006 Town oflthaca Protocol and Procedures Manual—IS \ 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. Following receipt and acceptance by the Town Board, the Town Clerk is authorized to advertise such vacancies according to the process set • i forth in the next section (see below). ' s H. Fillingof Vacancies on Boards and Committees Vacancies on Boards and Committees will be filled to complete the remainder of term of the vacated position. The Town Clerk will: a. Announce the position vacancy and filing period by publication of it in the official newspaper of the Town of Ithaca.. b. Notify residents of the conununity whom have indicated interest in serving on a Town board or committee. c. Notify the Chairpersons of the appropriate advisory board or committee of the vacancy. d. Notify the incumbents of advisory boards and committees whose terms are expiring and invite incumbent to consider reapplying. 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 to some of these groups on an as-needed or as-requested basis. Where applicable, the Town Board will appoint an alternate to attend outside boards, commissions, or committees, if the main delegate to such group is unable to attend a meeting of the group. The main delegate will notify the alternate as soon as possible after the main delegate realizes he or she will be unable to attend an upcoming meeting of the outside group. Board Members participating in policy discussions at regional meetings will represent the consensus of the Board, except where regional appointment requires regional opinion. Personal positions, when given, will be identified 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. 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 of Town boards and conunittees will abide by all applicable State and Town laws. Town ordinances, and other doctrines relating to the conduct of board or committee members, including, but not limited to, conflict of interest statutes, and the State Open Meetings Law. 2. Members of Town boards and committees will not speak in their capacity as a board or committee member, before any other board, committee, administrative officer or f^\ agency of the federal government, the State of New York or of any coimty or other f , municipal corporation, including cities and towns, except as hereinafter provided. ^ Exceptions to the policy set forth above shall be as follows: ^ DRAFT 4/6/20062/1/2006 Town of Ithaca Protocol and Procedures Manual —16 | \ J \ 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 he/she is speaking only as an individual citizen and is not in any manner representing or speaking on behalf of the board or committee of which he/she is a member. K. Board Members' Role and Relationship with Zoning Board of Appeals 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 in order to assure public confidence in the decision-making process and avoid the appearance of bias, prejudice, or improper influence. Toward this purpose, the following protocol should be observed: 1. The Board Member shall declare at the outset and upon the record that the Board Member is present in his or her private capacity as an interested citizen, and not on behalf or at the request of the Town Board. 2. The Board Member shall refrain from stating or implying that the Board Member's position or opinion is that of the Town Board. 3. The Board Member shall refrain from directing Town staff or the advisory body to take any action on behalf of the Board Member. 4. The Board Member shall observe any rules of procedure or protocol that apply to any other private citizen testifying before the advisory board. 5. If a member so testifies, such members shall consider recusing him or herself from participating in the discussion and vote on the issue at the Town Board level. DRAFT 4/6/20062A1/2006 Town of Ithaca Protocol and Procedures Manual — 17 | oVcvfl''- 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 ' permit 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, ^ Section 20 - address specific times when it may or may not be compatible for a person to hold more than one position. 2.09 Return of Materials and Equipment During their service on the Town Board, members may have acquired or been provided with equipment, as well as copies of the Ithaca Town Code, Personnel Manual, Protocol and Procedures Manual, keyless entry FOB, etc. These items are to be returned to the Town at the conclusion of a member's term. Human Resources Manager will contact members regarding any continuation of health or dental insurance if applicable. 2.10 Filling Elected Vacancies If a vacancy occurs in an elective office, the 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 law. ! * I / \ I \ / k DRAFT 4/6/20063/4/2006 Town of Ithaca Protocol and Procedures Manual — 18 Chapters. Interaction with Town StafC^Officials 3.01 Overview Successful town governments depend upon positive relations amongst the Town Board, Town Supervisor and Town staff. Town Board policy is implemented by the staff. It is critical that the relationship between Board and staff be well understood by all parties so that their respective roles are recognized and that policies and programs may be implemented, successfully. 3.02 Administration of the Town The Town Board's role is to establish Town policies and priorities, and provide for the proper administration of the Town. The Town Board may delegate the authority to implement policies and undertake the administration of the organization. The Town Board currently has delegated to the Town Supervisor the enforcement of laws and ordinances, direction of daily operations of Town government, and implementation of the policies and programs initiated by the Town Board. Approval of positions, salaries and benefits is the responsibility of the Town Board. Monitoring the budget is the responsibility of the Town Supervisor. It is the role of staff to implement the policies and programs, established by the Board and conduct the day-to-day business of the Town. For further information on appointments refer to Chapter 2. section 2.05 and 2.06. See Appendix 2 for the current job description for Town Councilperson, Appendix 3 for Town Supervisor, Appendix 4 for Deputy Town Supervisor, and Appendix 6 for the / ^ Organizational Chart. 3.03 Board Relationship to Administration The Town Board as a whole makes policy, local laws and ordinances for the Town. Individual members of the Town Board should refrain from undue involvement in the day to day administrative affairs of the Town. Individual Board Members do not supervise Town staff nor do they individually establish or change programs. Concerns regarding staff or Town business operations should be brought to the attention of the Supervisor and/or the Board as a whole. 3.04 Town Board/Town Supervisor Relationship Effective administration of the Town relies on cooperation between the Town Board and the Town Supervisor. Town Supervisor and Board Members, whether in public or private, shall be respectful of one another. When disagreements occur they should be expressed in policy not personal terms. 3.05 Town Board/Town Staff Relationship It is the responsibility of town staff to implement the policies and programs established by the Town Board. Business contact between Town Board Members and Town 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. Town of Ithaca Protocol and Procedures Manual — 19 | OVc. W 3.06 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 Chanter 2.07 Rules of Conduct, for information regarding addressing an ^ appointed board. 3.07 Town Board/ Attorney Relationship The Town Board shall obtain legal counsel for the Town, either by appointing a Town Attorney on a full-time or part-time basis, or contracting for such professional services. The Town of Ithaca contracts for attorney services annually. The Attomey(s) for the Town are the legal advisor(s) for the 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 Attomey(s) for the Town are to: 1. provide legal assistance necessary for formulation and implementation of legislative policies and projects; 2. represent the Town's interest, as determined by the Town Board, in litigation, administrative hearings, negotiations, and similar proceedings; 3. 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 4. 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 Attomey(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. 3.08 Roles and Information Flow A. Board Roles The full Town Board retains the authority to accept, reject, or amend the staffs recommendation on policy matters. Individual members of the Town Board should avoid intrusion into those areas that are the responsibility of staff. These include; staff decision-making, the development of internal recommendations, scheduling of work, and executing department priorities. This allows staff to execute priorities given by management and the Board as a whole. If a Board Member has questions or concerns regarding the actions, decisions, recommendations, workloads, work schedule, or priorities of staff, that member should bring them to the attention of the Supervisor and/or the Board as a whole, for discussion and consideration. \ ' \ DRAFT 4/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual — 20 B. Access to Information 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 timely manner. Requests should be directed to the Supervisor or to department heads in a timely manner, as well. Requests shall be granted unless it is believed that the request is not related to a legitimate Town Board function or time required to fill the request is not currently available. Disputes regarding requests for information from a Town Board member may be discussed and decided on by the Town Board. If so directed by action of the Board, staff will proceed to complete the work within a Board-established timeline. Information provided to a single Town Board member shall be made available to other Board members also. C. Staff Roles The function of staff is to implement policies and initiatives of the Town Board, keep the Board informed, and run the day-to-day operations of the Town. Staff members are obligated to comply with Federal, State and local laws and ordinances. Staffs daily functions are under the supervision of their Department Head or the Town Supervisor, as appropriate. This supervision follows the policy set by the Town Board as a whole. If a staff person believes that someone is improperly attempting to direct or influence him/her, (s)he should inform the Department Head and/or Supervisor. 3.09 Dissemination of Information A variety of methods are used to share information with the Board. Town Board members are provided agendas for and are welcome to attend Supervisor Advisory Committee (SAC) meetings. Board/staff retreats serve to focus on topics and enhance information exchange. The Town Supervisor also provides other information to the Board, such as status reports from inter-municipal agreements. Refer to Chanter 4 Town Board Meetings for more information. Informal meetings between Town Board members and the Supervisor or staff in groups or on a one-on-one basis are encouraged as long as such meetings do not involve a quorum of the Board in violation of the Open Meetings Law.. In initiating such meetings. Town Board members must be respectful of each others* time commitments or scheduling conflicts. 3.10 Staff Relationship to Advisory Bodies and Consultants Staff support and assistance may be provided to advisory boards, committees, consultants and task forces. Advisory bodies, however, do not have supervisory authority over Town employees. When staff members are assigned to support an advisory body, the limit to the staff time commitment will be set. Staff members will carry out appropriate assignments given by the advisory body, so long as it does not exceed the allotted time commitment. Disputes about the appropriateness of an assignment will be decided by the Town Board. While staff may work closely with advisory bodies, staff members remain responsible to their immediate supervisor. The members of the boards or committees are responsible for the functions of that advisory body. The chairperson is responsible for committee compliance with the municipal code and/or committee bylaws. Staff members are to assist the advisory body chair to ensure appropriate compliance with state and local laws and regulations. ^ Staff support includes but is not limited to: o preparation of a summary agenda after approval by the chairperson; DRAFT 4/6/20063/4/3006 Town of Ithaca Protocol and Procedures Manual - 21 | OVc'v^V o preparation of reports providing a brief background of the issues, a list of alternatives, recommendations, and appropriate backup materials, if necessary. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues; ' s o preparation of minutes of advisory body meetings; ^ o scheduling of meetings. 3.11 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. f , I t / V t I s f \ Town of Ithaca Protocol and Procedures Manual — 22 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 primarily 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, usually on the first Monday following the first Tuesday, at 5:30 p.m.. Town Board meetings are held in the Town Hall, Shirley Raffensperger Room, 215 Nordi 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. If the scheduled date for a meeting happens to be a designated legal holiday, the Board meeting will be held the following week. 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 preliminary agenda for the forthcoming Board meeting. The procedure followed by the Town of Ithaca is as follows: A. Notices of Public Meetings Public notice of the time and place of a meeting scheduled at least one week prior thereto \ shall be given to the news media and shall be conspicuously posted on the Town Clerk's Board at the ithaca Town Hall at least seventy-two yours before such meeting, n Public notice of the time and place of every other meetings shall be given, to the extent practicable, to the news media and shall be conspicuously postsed on the Town Clerk's Board at the Ithaca Town Hall at a reasonable time prior thereto. B. Notices of Public Hearings The Town shall publish all notices of Public Hearings in the Town's designated official newspaper and post such notices on the Town Clerk's board at Town Hall. Publication of a notice shall contain the time, place, date, subject, and body before whom the hearing is to be held. B. Preliminary Agenda of Board Meeting The public shall be notified of the preliminary agenda for the forthcoming regular Town Board meeting by posting a copy of the agenda in the following public place in the Town at least 24 hours in advance of the meeting: • Ithaca Town Hall ' Town Clerk's Board ^ 215 North Tioga Street Town of Ithaca Protocol and Procedures Manual —23 Ithaca, NY 14850 Meeting agendas are also posted to the Town of Ithaca website www.town.ithaca.nv.us / \ C. Duties of Town Clerk \ The Town Clerk is directed to publish notices and post agendas as required by the Open ' ^ Meetings Law. The Town Clerk is responsible for posting the notice of public meeting in advance of the meeting as described above. The Town Clerk is responsible for assembling Board Meeting packet information and mailing or delivering the packet to the Town Board members by 5 days before the meeting. See Appendix 5 for Town Clerk's Job Description. 4.03 Special Meetings The Town Supervisor may call a special meeting of the Board by 48 hour notice. The Town Supervisor may do this on his or her own initiative and shall do so within two days if requested in writing by two members of the Town Board. Notice of a special meeting will be made by the Town Clerk by delivering personally at least 48 hours before the time of such meeting as specified in the notice, by mail, email or by facsimile, written notice to each member of the Board and to each local newspaper of general circulation, and to each local radio or television station which has on file with the Town a written request to be notified of such special meeting or of all special meetings. The call and notice shall specify the time and place of the special meeting and the business to be transacted. The notices provided in this section may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical, and increase the likelihood of such injury or damage. 4.04 Organizational Meeting The Town Board shall hold an annual organizational meeting, as soon as possible after the year begins, as a special meeting or as part of a regularly scheduled meeting. The purpose for this meetings is to get the town government organized to function throughout the year. Such items to be addressed include but are not limited to: Oaths of Office, Appointments, Designation of Official Newspaper, Designation of Official Depository, Declaration of Officials and Employee Bonds, Town Board Meeting schedule and review the Procurement Policy. 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. This gathering of a quorum of the board could be considered a "meeting" under the Open Meetings Law. The policy of the Ithaca Town Board is to consider a site visit a special meeting and will be advertised by the Town Clerk as a special meeting open to the general public. 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 DRAFT 4/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual — 24 ' 1 V and caucusesinvite 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. 4.07 Development of the Agenda A. Supervisor's Advisory Committee(SAC) Matters to be presented to the Town Board at its regular meetings are generally reviewed by the Supervisor's Advisory Committee (SAC). The SAC is composed of the Town Supervisor, Deputy Town Supervisor, Town Clerk, Town Highway Superintendent, Director of Engineering, Director of Planning, Director of Building and Zoning, Budget Officer, Human Resources Manager, Network/Records Specialist and Recreation and Youth Coordinator. Board members are welcome to join the meetings and should notify the Town Clerk to ensure there won't be a quorum of the Town Board. The Town Clerk will notify Town Board members of the place and time of meetings. B. Town Board C. A Board Member may place an item on an agenda either by submitting the or discussion item at a Town Board meeting or submitting the item 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 SAC 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. D. 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 issue is added to the agenda, the Town Clerk will notify the requester so that he or she may plan to attend the meeting. E. Members of the Public A member of the public may request 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 issue is approved for the agenda, the Town Clerk will notify the requester so that he or she may plan to attend the meeting. E. Distribution of Town Board Agenda The final agenda for a Town Board meeting must be made available to Town Board members at Town Hall at least five full days (120 hours) prior to the start of the Town Board meeting. Board Members may elect to have their copies of the agenda mailed to them. 4.08 Recording of Meetings and Retention of Information The Town Clerk, or designee, shall tape record all meetings of the Town Board, except ^ those meetings or portions of meetings conducted in Executive Session or Closed Session. DRAFT 4/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual —25 | oVc'^ric • Approved minutes of the Board and board/committee proceedings are the official record of the meeting and are kept permanently. • Audiotapes are kept for four months after transcription/approval of the minutes, in accordance with State Archive Records Administration requirements. ^ • Agenda packets are retained for six years, in accordance with State Archive Records Administration requirements. • 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 thr 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 chairpersonO 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. I 1 * B. Report of Tompkins County Legislature The Tompkins County Legislature is a 15 person board, of which 7 currently represent the Town of Ithaca. On a rotating basis one of the 7 representatives attends meetings to report on the Legislature's activities. C Report of City of Ithaca Common Council The City of Ithaca Common Coimcil has designated a member of its Common Council to attend Town Board meetings to report on the Council's activities . D. Report ofFire Commissioners The Town of Ithaca contracts with the Ithaca City Fire Department for fire protection. The Fire Department is administered by the Board of Fire Commissioners, on which the Town has 2 of 5 representatives. One of the representatives attends the meeting to update the Town Board on the operations of the Ithaca City Fire Department. E. 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 may gain recognition by raising their hands. Upon recognition by the Presiding Officer, individuals come forward, are invited to state their / \ names and addresses, and speak to the Board. Speakers may be asked to limit their presentation f \ DRAFT 4/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual — 26 to 3 minutes, unless a longer period is permitted by the Presiding Officer. Upon recognition by the Presiding Officer, Board members may ask questions directly of individuals or staff. Written comments may be submitted for the record of a Board meeting by presenting the ' written document to the Town Clerk. A copy of the document will be provided to each Board ' Member. Board members may bring up 'other' topics that are not on the agenda during the Board Comments section. This is the time when a Board member may request a topic to be added to a future agenda. F. Public Hearings The purpose of the Public Hearing is to give the public an opportunity to express its views and to make inquiries in respect to the matter before the Board. Public hearings shall be scheduled for a designated time to ensure that the public has the opportunity to attend. Prior to setting a public hearing a draft local law, ordinance and/or resolution will be provided to the Board, so that the Board can discuss and edit it before the hearing notice is published. An individual desiring to speak during a public hearing is to address the Board from the speaker table after giving his or her name and address. Comments are limited to the specific matter for which the public hearing is held and are limited to 3 minutes, unless a longer period is permitted by the Presiding Officer. Written comments are encouraged during the public hearings. When materials are presented during public hearings, they should be submitted to the Town Clerk before the public hearing is closed on the item. Written documents submitted will ^ be entered into the record. 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 7 for the Public Hearing Standard of Conduct. 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. Town Board then shall be considered to be in 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, when feasible, will vote on the matter at a subsequent meeting. The Board may take immediate action if there has been adequate opportunity for the public to comment and if deemed appropriate at that time. G. Action & Discussion Items The Town Board considers approving resolutions and other matters or subjects requiring action by the Board. The Town Board discusses matters not requiring immediate action by the Board. 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. Examples of such items include: • Approval of all Board minutes; • Abstract for Town; • Abstract for SCLIWC (Bolton Point); • Ratification of Appointments (to Town or Bolton Point positions); DRAFT 4/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual —27 | • Approval of Job Descriptions; • Approval to Attend Conferences/Training; • Approval of Disposition Listings; Unless a member of the Board requests a reading of the minutes of a Board meeting, such minutes may be approved without reading, if the Clerk has previously furnished each member with a copy thereof. No discussion shall take place regarding any item on the consent agenda beyond asking questions for simple clarification. Prior to approving the items on the consent agenda. 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. H. Boards & Committees During this portion of the meeting, the Board will discuss and update what is happening on committees on which they sit. L Reports of Town Officials Members of the Board and the Town Supervisor may take this opportunity to make comments, extend compliments, express concerns, or make announcements concerning any topic they wish to share with staff or the public. The Town Officials may discuss topics with the Board or add items to their written reports. J. Review of Correspondence ' ' Written 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 also distribute a copy of the correspondence via the Correspondence Folder that is passed around at the Town Board Meeting. Town Clerk shall distribute to the Town Board such written communication items pertaining to public hearing topics and will include them in the minutes. K. Executive Session Executive Session is to privately discuss and consider matters of confidential concern to the well being of the Town. 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 emperil 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 appontment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation; ' \ ; \ • The preparation, grading or administration of examination; and; f \ DRAFT 4/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual -- 28 • 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. Before convening in Executive Session, a Town Board member is to make a motion to enter into executive session and that motion much be approved by a majority of the entire Town Board. The motion must identify with "particularity" the subject to be discussed. The public will be notified when the Board returns to regular session. If no formal action was taken in an executive session, as is often the case, then no minutes need to be taken. Summary minutes must be made of any final determination taken by formal vote, including the date and vote, however, such summary should not include any matter which is not required to be made public under the Freedom of Information Law. Public monies cannot be appropriated by formal vote in an executive session. L. 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 members should make a motion to enter into closed session, and that motion must be approved by a majority of the Town Board. The motion must state that the purpose of closed session is to seek legal advice of counsel. The public will be notified when the Board returns to regular session. V L 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. Consideration of the agenda matter then on the floor will be continued beyond 10:00 p.m. by majority vote of the entire Board. In the event the remaining agenda cannot be concluded at any meeting by 10:00 p.m. and the Board does not vote to waive the 10:00 p.m. ending time, the meeting will be recessed to a definite time and place, and notice of such continued meeting will be given as provided by statute. 4.10 General Procedures A. Seating Arrangement of the Board The Town Supervisor, with the approval of individual Board members, shall establish seating arrangements for regular Board meetings. B. Signing of Town Documents The Town Supervisor, unless unavailable, shall sign all contracts and other documents which have been approved by the Town Board and require an official signature. In the event the , ^ Town Supervisor is unavailable, the Deputy Town Supervisor shall sign such documents. Town of Ithaca Protocol and Procedures Manual — 29 | C. Quorum Four members of the Board shall constitute a quorum and are necessary for the transaction of Town business. A lesser number may adjourn the meeting. ' \ 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. E. How Many Votes are Requiredfor Passage? Except when otherwise required by law, eveery 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). F. Amending the Policies and Procedures Manual The Policies and Procedures Manual may be amended at any Town Board meeting provided that the amendment is placed on the final Town Board agenda and made available to Town Board members in a timely fashion as specified in 4.07.E 4.11 Open Meetings Law A. Applicability The Open Meetings Law applies to the Town Board, all quasi-judicial bodies, and all standing, special or advisory boards, committees or subcommittees of, or appointed by, the Town Board. i \ \ B. Meetings 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. A meeting takes place when a quorum (a majority of the entire Board) is present and information concerning Town business is received, discussed, and/or acted upon. TTie 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 if a quorum of the Town Board exists, public business is discussed, and the Board is not in Executive Session or closed session. C. 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. D. Actions Legal action must be taken by the Board in an open public meeting, except for some instance in executive session, as discussed in Section 4.09 (L). At a Special Meeting, action can be taken only on those items appearing on the posted agenda. At a Regular Meeting of the Town Board, the Board is free to take action on non-agenda items, subject to applicable notice requirements in state statutes or local laws ordinances for the subject matter being considered. Town of Ithaca Protocol and Procedures Manual ~ 30 / s t \ I \ f \ E. 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. DRAFT 4/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual —31 j Chapters. 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. / ^ 5.03 Order of Discussion 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. The basic steps to conducting business include: • When the next item on the agenda is a motion to be considered, The Presiding Officer will move that item or call upon a Board Member to move that item. • A second member of the Board seconds the motion. • If there is material or information to be presented the Presiding Officer will ask the appropriate person to address the Board. o If a public hearing is scheduled: n The Presiding Officer opens scheduled public hearing at the specified time n The Presiding Officer closes the public hearing after receiving comments from the public n The Presiding Officer brings the matter back to the Board for discussion • The Presiding Officer states the motion (if necessary) and calls for discussion or debate on the motion • The Board discusses the motion. During that discussion, when recognized. Board Members may move appropriate procedural motions (i.e., any motion authorized by this manual or Roberts Rules of Order even when another motion is already on the floor.) Any changes to the motion are proposed as amendments. Amendments may also be amended and then either accepted or rejected by vote of the Board. The Presiding Officer calls for any further discussion or debate The Presiding Officer restates the motion, if necessary, and puts the motion to a vote 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. / I \ ( N t \ In general, the Presiding Officer will follow the prepared agenda. However, on those ^ occasions when the Presiding Officer believes that deviations are necessary or convenient, the f \ Town of Ithaca Protocol and Procedures Manual — 32 | Presiding Officer will propose changes. A Board member may also suggest a reordering of or addition to the agenda. Reordering of 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. Additions to the agenda as distributed (see 4.07.E) will be accepted by consensus of the Board, or by a two thirds vote of the Board present, if there is any objection to the changes. 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 his/her hand prior to making a motion or engaging in debate or discussion. When appropriate, the Town Board Members may ask to respond to questions with 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: 1. 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 (or his or her designate) will keep a written list of board members in the order in which they have been recognized by the Presiding Officer. Tthe Presiding Officer may recognize him or herself by so announcing to the Board and placing him or herself in order 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 has been passed by a 2/3 vote of those present. 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 ask for recognition. 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; a Board Member Town of Ithaca Protocol and Procedures Manual — 33 | might state "I make this motion in order to put it on the floor for discussion. I am not sure of my position on it at the present time." \5.07 Seconding a Motion , ^ After a motion has been made, and if it requires a second, 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 meeting." 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 he/she deems 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 permitted in this manual or in Roberts' Rules of Order are permitted. f \ \ ( \ 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 maker of the motion. It must be accepted by the maker 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 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 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. 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. DRAFT 4/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual ~ 34 \ ( \ 5.12. Tabling a Motion A Board member may move to table the pending motion (i.e., put the pending motion aside temporarily) when some other issue of immediate urgency has arisen. No reason may be given for the motion by the maker or seconder, and the motion is not debatable by anyone. The motion to take up the tabled motion must be made and seconded, and requires a majority vote of the entire Board. After a motion has been tabled, it can be taken back up as soon as the interrupting business is disposed of and when no other motion is pending. . The proper use of the motion to table is to allow the Town Board to turn to another matter that is urgent and pressing. 5.12 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 he/she is encouraged to state the reason for the abstention. Board Members have the right to have the reasons for his/her 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 fi:om the voting process. Refer to Chapter 7 for further information regarding Conflicts of Interest. ^ When the debate is terminated as described in 5.04.A.3, the Presiding Officer puts the motion to a vote. Only those ordinances, resolutions, or main motions that receive an affirmative ^ vote by the required majority of the Town Board shall be passed and become effective. Adopted motions cannot be reconsidered by the Board at another meeting in the same calendar year except by a vote of 5 members of the Board. 5.13 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 also so that the audience can hear the discussion. • Except where the Town Board is required to follow certain procedures as specified in state law,Roberts' Rules of Order will apply for procedures not covered in this manual. DRAFT 4/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual — 35 5.14 Questions Regarding Rule of Order If a Board Member questions whether or not the rules of order are being properly followed, he or she 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 ' 1 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 used, the Attorney for the Town should give advice, even when it has not been requested. 5.15 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. 5.16 Suspension of the 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 five votes 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. f \ ' \ / Chapter 6. Board Correspondences 6.01 Overview Board members communicate vdth 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. 6.02 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. t \ , \ f \ Town of Ithaca Protocol and Procedures Manual — 36 Town letterhead will be used only for official correspondences. Town letterhead must never be utilized for personal or political purposes. 6.03 Freedom of Information Law 'I 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 All letters, memoranda, and electronic communication involving Town Board Members and members of advisory boards and committees, the subject of which relates to the conduct of government or the performance of any governmental function are public records. Copies of such letters, memoranda, and electronic commimication may not be provided to the public or news media without the filing of a Freedom of Information Law request with the Town Clerk. B. Written Correspondences Written letters and memoranda received by the Town, addressed to or the Board as a body, will be placed in the Correspondence Folder to be presented at the next Town Board meeting, and a copy kept according to the Town's Records Retention Schedule. Letters addressed to an individual member of the Board may be placed in the Correspondence Folder at the discretion of the addressee. C. Electronic Correspondences 1. 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. 2. All messages that relate to the functional responsibility of the recipient or sender as a public official constitute a public record. Such records shall be handled as follows: • If a citizen sends an e-mail to a Board Member and requests that it be included in the record of a particular public hearing, the Board Member will forward said e-mail to the Town Clerk. 3. E-mail should be used cautiously when seeking legal advice or to discuss matters of pending litigation or other "confidential" Town business. In general, e-mail is discoverable in litigation, and even deleted e-mail is not necessarily removed from the system. Confidential e-mail communications should not be shared with individuals other than the intended recipients, or the attorney-client privilege protecting the document from disclosure may be waived. 4. E-mail bearing the Town's "return address" will not be used for personal use. 5. When an individual Board Member has completed his or her term of office, staff will close out any email accoimt. Documents belonging to the Town shall be returned to the Town Clerk for proper filing. Town of Ithaca Protocol and Procedures Manual — 37 | o-Von^ Chapter 7. Conflicts of Interest, Ethics Law, and Liability of Elected , Officials ' ^ 7.01 Ethics Law - Conflicts of Interest The Ethics law is one of the most complicated laws on the books. To understand its effect on a Board Member's actions, it is suggested that members discuss the law and potential conflicts with a private attorney or the Attorney for the Town. It is imperative that Board Members identify in advance what conflicts may occur. For more complete information regarding the Town of Ithaca's Code of Ethics refer to Code of the Town of Ithaca, Chapter 32. It is illegal to fail to declare a conflict of interest, or to participate or otherwise be involved in discussions on issues or contracts where such an interest exists. Violations of the conflict of interest law may result in significant penalties, including criminal prosecution. In circumstances where only a "remote interest" (see below) exists, after disclosure of the interest to other Board Members and in the meeting minutes, the Board may approve the contract to which a Board Member has a remote interest, absent participation in the voting by the Board Member with the remote interest, but only if the Board Member refi*ains fi-om any attempt to influence other members to approve the contract. A. Applicability All Town officers, elected and appointed, are subject to the conflict of interest law as specified in the Code of the Town of Ithaca, Chapter 32. B, Definition Remote Interests are so minor that they do not constitute illegal conflicts of interest. Remote interests exist when a Town official is: • a non-salaried officer or member of a nonprofit corporation doing business or requesting money from the Town. Therefore, being such an officer or member would not constitute a conflict • the landlord or tenant of a contracting party. For instance, a Board Member may lease office space to a party which has a private interest in a public matter without it resulting in a conflict of interest • the owner of less than 1 percent of the shares of a corporation or a cooperative doing business with the Town • being reimbursed only for actual and necessary expenses incurred in performance of official duties C Acts not Constituting a Confiict of Interest • receiving municipal services on the same terms and conditions as if not a Town official. Thus, when a Board Member who owns a business within the Town votes for or against an increase in the business license fees, a conflict would not exist because this action would apply to all businesses in the corporate limits • an officer or employee of another political subdivision or public agency unless it is , the same governmental entity being served who is voting on a contract or decision ( which would not confer a direct economic benefit or detriment upon the officer. DRAFT 4/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual — 38 | i 1 / 'I Therefore, a Board Member who is a school teacher may vote to enter into an ^-0*^ intergovernmental agreement with the school district, unless such agreement would confer some direct economic benefit, such as a salary increase, upon the Board Member a member of a trade, business, occupation, profession, or class of persons and has no greater interest than the other members of that trade, business, occupation, or class of persons. A class must consist of at least ten members to qualify the interest as remote. A Town official may sell equipment, material, supplies, or services to the Town if this is done through an award or contract let after public competitive bidding. D. Declaration of a Conflict When a substantial interest exists, the Town official must: 1. Refrain from voting or in any way influencing a decision of the Town Board; and 2. Declare that a conflict of interest exists and make it known in the official records of the Town. Should a situation arise wherein a majority of Board Members or a majority of a quorum of those present at a Board meeting have a substantial conflict of interest, state law provides that if the conflict of interest statutes prevent the Town Board from acting as required by law in its ofhcial capacity, such action shall be allowed if the members of the Board with the apparent conflicts of interest make them known. E. Attorney for the Town Opinions A Board Member's request for an opinion from the Attorney for the Town concerning conflict of interest is confidential. However, formal final opinions are a matter of public record and must be filed with the Town Clerk. This filing requirement does not apply to verbal communications between Board Members and the Attorney for the Town. Board Members may seek advice from a private attorney, at their own expense, concerning potential conflicts. In such cases, no disclosure policy would apply. F. Filing of Annual Disclosures The Town Clerk maintains a special file of annual disclosures that shall be filed by April 30^ of each year and legal opinions of conflicts of interest. G. Prohibited Acts • No municipal officer may use his or her position to secure special privileges or exemptions for himself, herself, or others. • No municipal officer may, directly or indirectly, give or receive or agree to receive any compensation, gift, reward, or gratuity from a source except the employing municipality, for a matter connected with or related to the officer's services as such an officer unless otherwise provided for by law. • No municipal officer may accept employment or engage in business or professional activity that the officer might reasonably expect would require or induce him or her by reason of his or her official position to disclose confidential information acquired by reason of his or her official position. Town of Ithaca Protocol and Procedures Manual — 39 | No municipal officer may disclose confidential information gained by reason of the officer's position, nor may the officer otherwise use such information for his or her personal gain or benefit. s 7.02 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. Elected and appointed officials may participate in risk management training to reduce liability due to actions taken, especially in the areas of land use. / 1 \ / \ f 1 * < \ DRAFT 4/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual — 40 | 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 in excess of the amoxmt specified in the notice of hearing on the preliminary budget published. Town Councilmen receive an annual salary paid out in quarterly payments. Town Supervisor is paid an aimual salary that is paid out bi-weekly. Planning and Zoning Board members receive pay quarterly based on the number of meetings they attended that quarter as allowed by Town of Ithaca Code, Chapter 20. 8.02 Health and Dental Insurance Town provides Health Insurance for the employees, retirees and Town Board Members. A Town Councilman may enroll with the Town's Health Insurance within 30 days from taking office or annually during the open enrollment period. A Town Councilman would cost share the monthly premium at 50%/50%. A Town Supervisor that is considered full time is eligible to enroll with Town's health insurance at a cost share equal to a full time employee working 35 hours per week or more. Town provides Dental Insurance for the employees, retirees and Town Board Members, with all paying 100% of the monthly premium. Town Board Members are also eligible to participate in the Town's Flexible Spending Program. 8.03 Board Expenses ' ^ ^ 1The 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 Budget 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 accoimt through the Town. While staff will maintain those computer applications related to Town affairs, staff cannot provide assistance for personal computer applications. 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 Electronic Media and Use 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 Town of Ithaca Protocol and Procedures Manual — 41 | Members are encouraged to check mailboxes often. In addition, Town staff will fax or personally deliver materials that are time-sensitive to a member's home or office, if appropriate. 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 Assistant at 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. f \ 8.07 Parking at Town Hall The parking lot at Town Hall during normal business hours (Sam - 4pm) is utilized by Town staff and the Post Office 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. Parking Map:6/13/05 09 Aurora Street Planner Asst Dir Plan Sr. Typist Sr. Typist Princ. Clerk Network Recr Bookkeeper Court Clerk Court Clerk Asst Dir Eng Code Enfce Budgt Off. Env Plan Code Enf. Eng. Town Clerk Deputy Town Clerk 10 HR Temp Parking Brd Mbr/Judge Reserved Designated Town Parking Spaces Handi capped parking Town Super visor Planning (Jon) Zoning (Kristie) Zoning Eng. (Dan) Eng. Van P L A N T E R D R 1 V E W A Y S TOWN POST T LOADING OFFICE A DOCK LOADING 1 DOCK R 1 1 * ^ I jt ^ ^ ^ i iliipli i...- 1 '' i i i' > ! ' U i t L : D jjf: !• . f. I r-.l.r' ^ ^ J / I DRAFT 4/6/2(Town of Ithaca Protocol and Procedures Manual — 42 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 • wwwMvtowns,sov 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 www,mrsc,or£ (website for Municipal Research & Services Center of Washington) 9.02 New York State Office of the Comptroller 110 State Street, Albany, NY 12236 [(518) 474-4044] * • www,osc,state,nvMS 9.03 New York State Town Clerks Association • www.nvstca.com 9.04 New York State Department of State - Division of Local Government [(518) 473-3355] • www,dos.state,nvMsAess/index,htm 9.05 New York State Department of State - Committee on Open Government [(518) 474-2518] • www,nvstca.com 9.06 New York State Unified Court System [(800)COURTNY] • www.nvcourts.gov • New York State Unified Court System Office of Court Administration 25 Beaver Street New York, NY 10004 DRAFT 4/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual ~ 43 ' \ 9.07 New York State Planning Federation [(518) 270-9855] • www.nvpf.org ^ 9.08 Cornell Local Roads Program [(607)255-8033] ^ • www.clrp.comell.edu 9.09 Other Reference Materials on File Other reference materials that may be of interest to 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 Program Park and Open Space Plan I ^ DRAFT 4/6/20062/4/2006 Town of Ithaca Protocol and Procedures Manual — 44 f ) DRAFT 4/6^63/4^0004 Town of Ithaca Protocol and Procedures Manual — 45 Page 1 of 1 f • ^ /: r\ ' < Tee Ann Hunter From: Susan H. Brock [brock@clarityconnect.com] Sent; Friday, February 03, 2006 11:24 AM To: Tee Ann Hunter; Judy Drake Subject: Protocol & Procedures Manual Tee-Ann & Judy, Attached are my red-line revisions to the Manual that I sent the Town Board today. I also inserted some comments and questions in red-line format. I used Peter's clean version, so all the red-lining is mine. The page numbering seemed to have a mind of its own. I dealt with legal issues, language that appeared to be unclear or inconsistent, and grammar. I haven't yet had a chance to review Chapter 7 (Conflicts of Interest, Ethics, Liability). Please let me know if you have any questions. Susan ******************************************************************** This electronic transmission contains legally privileged and confidential information intended only for the person(s) named. Any use, distribution, copying or disclosure by any other person is strictly prohibited. If you received this message in error, please immediately notify the sender by telephone at (607) 277-3995 (collect) or send an electronic mail message to brock@claritvconnect.com. In addition, please delete all copies of this message from your computer. ******************************************************************** 4/6/2006 n * 1 February 6, 2006 Town Board Meeting ATTACHMENT §2 Susan Brock's Version TOWN OF ITHACA BOARD PROTOCAL PROTOCOL AND PROCEDURES MANUAL n ^ il vot: ' \ Adopted: Resolution TABLE OF CONTENTS OATH OF OFFICE 5 FOREWORD 6 CHAPTER 1. INTRODUCTION AND OVERVIEW 7 1.01 Pi RPOSE OF Board Protocol and Procedures Manual 7 1.02 Overview of Town of Ithaca Government 7 1.03 Overview of Basic Town Documents sm 1.04 Orientation of New Members 9 CHAPTER 2.TOWN BOARD: GENERAL POWERS AND RESPONSIBILITIES miiiiQ 2.01 Town Board Generally i h-M444 2.02 Role of Board Members n n mo 2.03 Role of Town Supervisor 124 21211 2.04 Absenc:e of Town Supervisor and Board Members lm31312 2.05 Appointment of Town Officials 134 34^ 2.06 Appointment of Department Heads and Staff i-ii 11312 2.07 appointment of Boards and Committees I4TIM12 2.08 Incompatibility of Offices 2.09 Return of Materials and Equipment 2.10 Fillinc. Elected Vacancies UH£1£4« CHAPTER 3.INTERACTION WITH TOWN STAFF/OFFICIALS 20302019 3.01 Overview 2O3O2019 3.02 Administration of the Town 20240049 3.03 Board Relationship to Administration 20202019 3.04 Town Board/Town Supervisor Relationship 20202019 3.05 Town Board/Town Staff Relationship 20202049 3.06 Town Board/ Appointed Board Relationship 2(214420 3.07 Town Board/ Attorney Relationship 21212120 3.08 Roles and Information Flow 212-12420 3.09 Dissemination of Information 22222221 3.10 Staff Relationship to advisory Bodies and Consultants 22222221 3.11 Restrictions on Political Involvement by Staff 232J2322 CHAPTER 4. TOWN BOARD MEETINGS 24312133 4.01 Meeting Schedule 24242423 4.02 Public Notice of Meetings and Hearings 24312423 4.03 Special Meetings 25252524 4.04 Organizational Meeting 25352524 4.05 Site Visns 2(242524 4.06 PoLincAL Caucuses 2()2(2521 4.07 Development of the Agenda 263(2524 4.08 Recording of Meetings and Retention of Information 273"2625 4.09 Order of Business 272^2725 4.10 General Procedures 4.11 Open Meehm. MEETINGS Law 32323129 4.12 Emergency Evacuation Plan DRAFT 2 3 2U()62.'3.2U063/2/2006 Town of Ithaca Protocol and Procedures Manual ~ 2 CHAPTER 5.RULES OF ORDER 34,^t3231 5.01 Basic Steps to Conducting Business 34;? 13331 5.02 Meeting Decorum and Order 343 <3231 5.03 Order of Discussion 35353^ 5.04 Obtaining THE Floor 35353332 5.05 Questions to and Comments from Staff 353-53332 5.06 Making A Motion 3(^363332 5.07 Seconding a Motion 363<>3433 5.08 Modify Motion by Maker 36363433 5.09 Stating the Motion 363(>3433 5.10 Amendment TO THE Main Motion 36363433 5.11 Postponement of Business 363(>3433 5.12 Voting Procedures 373-3534 5.13 Other Protocol 383M3S34 5.14 Qi ESTiONS Regarding Rule of Order 3S3S3534 5.15 Adherence to Rules of Order 383H3635 CHAPTER 6.BOARD CORRESPONDENCES 6.01 Overview 3S383635 6.02 Correspondence from Board Members 39343435 6.03 Freedom of Information Law 39363734 CHAPTER 7. CONFLICTS OF INTEREST, ETHICS LAW, AND LIABILITY OF ELECTED OFFICIALS 4144^ 7.01 Ethics Law - Conflicts of Interest 414438 7.02 Liability 434340 CHAPTER 8. BOARD COMPENSATION, BENEFITS AND SUPPORT 444444 8.01 BOARD Compensation 444444. 8.02 Health and Dental Insurance 444444 8.03 Board Expenses 444444. 8.04 Office Equipment 444444 8.05 Mail and Deliveries 444444. 8.06 Meeting Rooms 454542 8.07 Parking at Town Hall 454542 CHAPTER 9. ADDITIONAL TRAINING AND RESOURCE MATERIALS 464643 9.01 The Association of Towns of the State of New York 464643 9.02 New York State Office of the Comptroller 464643 9.03 New York State Town Clerks Association 464643 9.04 New York State Department of State - Division of Local Government 464643 9.05 New York State Department of State - Commhtee on Open GOVERNMENT. 464643 9.06 New York State Unified Coi'rt System |(SOO)COURTNY1 464643 9.07 New York State Planning Federation 1(518)270-98551 474744 9.08 Cornell Local Roads Program 1(607)255-8033] 474744 9.09 OniER Reference Materials on File 474744 APPENDIX liRROR' [BOOKMARK NOT [)I:F1N{:1).ERR()R! BOOK.M.XRK NOT DRAFT 2'3'20062'.'»r20f>62/2/2006 Town ofIthaca Protocol and Procedures Manual ~ 3 TOWN BUDGET CALENDAR APPENDIX # RROR! BOOKMARK ^ NOT OI I -jNIiPJ TOWN COUNCILPERSON APPENDIX #2 i'RROR! BOOKMARK NOT l)i :i !NI D,MTRUR^BOUKMARK NOT 1)1 I iNIiD.ERROR! B00KA4ARKN0T &SFINED.47 TOWN SUPERVISOR APPENDIX U 3 1 :RFU)R' BOOKMARK DEFINED^ DEPUTY TOWN SUPERVISOR APPENDIX #4 L:RR0R! BOOKMARK NOT Oi:i-iNED.Kj TOWN CLERK APPENDIX # 5 i-:RROR! BOOKMARK NOT Oi i 'lNED.T'-'' _Toc 122427311 ORGANIZATIONAL CHART APPENDIX #6 STANARDS STANDARDS OF CONDUCT APPENDIX # 7.... ERROR! BOOKMAP.K NOT DEFINED.58 ^ TIPS FOR SUCCESSFUL PUBLIC SERVICE APPENDIX # 8 l-RROR! BOOKMARK DEFrNED.59 ' n GLOSSARY OF TERMS I RROR! liOOKM ARK NOT DEFINED.ERROR! BOOKMARK BOARDS/COMMITTEES FOR THE YEAR 2005 APPENDIX 9 ...ERROR' BOOKMARK NOT 1)1 1 [N i :D.[:RROR! 1300K\T\RK NOT 01 i INED.ERROR! BOOKMARK NOT DEFrTjED.63 I- ^ f \ DRAFT 2 3 2{Town of Ithaca Protocol and Procedures Manual — 4 f \ TOWN OF ITHACA OATH OF OFFICE STATE OF NEW YORK ) ) ss COUNTY OF TOMPKINS ) I do solemnly swear 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 [Board or Committee ] of the Town of Ithaca, according to the best of my ability. Signed Term of Office:Month day, year - Month day, year Subscribed and sworn to before me this day of , Attest: Town Clerk DRAFT 2;3/2()062/3/20()62/2/2006 Town of Ithaca Protocol and Procedures Manual — 5 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. 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 4.10.F. Revisions will be complotod as needed to keep the Manual up to dato adopted by the Board will be incorporated into the Manual bv the Human Resources Manager. n f 1 ' % DRAFT 2'3 20062,3 20062/2/2006 Town of Ithaca Protocol and Procedures Manual ~ 6 Chapter 1. Introduction and Overview As a Board Member, you not only establish important and often critical policies for the community, you are also a board member of a public corporation having an annual budget of several million dollars. The Planning Board and Zoning Board of Appeals are independent Boards responsible in their domain for interpretation of the zoniniz ordinance, advice^and-consultation of the zoning ordinance and consideration of appeals and requests for various approvals. For example, the Planning Board has been authorized by the Town Board, pursuant to State enabling statutes, to review and approve subdivisions, site plans, special permits and to provide recommendations to the Town Board and Zoning Board of Appeals on certain matters. The Zoning Board of Appeals is a quasi-judicial body and is authorized to grant use and area variances according to criteria established in State enabling laws, and to issue interpretations of the Zoning code. Board members must remember they are elected or appointed as representatives for the good of the whole town. 1.01 Purpose of Board Protocol and Procedures Manual The Town of Ithaca has prepared its own protocol and procedures manual to assist the Town Board, Planning Board and Zoning Board of Appeals by documenting accepted practices and clarifying expectations. Administration of Town affairs is greatly enhanced by the agreement of the Boards and staff to be bound by these practices. Procedures are established so that expectations and practices can be clearly articulated to guide town officials and staff in their actions. IThc Planning Board and ZBA arc directed by Town Code §4} 235 & 236 to adont their own rules & regulations to carry out their business. You mav want to check all references to the PB and ZBA in this manual to determine which provisions should annlv to members of those boards.! 1.02 Overview of Town of Ithaca Government The Town of Ithaca is a town of the first class, which allows the Town to have a supervisor, six (6) councilmen, 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 supervisor, councilmen, and town justices are elected officials, with all other positions in the Town appointed. The Town Board's role is that of the To^\Tl'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. The Supervisor is a member of the Town Board. In the Town of Ithaca, the Town Board has customarily delegated some powers and duties of administration and supervision to the Town Supervisor. The Planning Board and Zoning Board of Appeals are appointed boards with set terms of office. Planning Board Members serve a seven year term with the duty to review land uses within the Town. Zoning Board of Appeals members serve a five year term and act as a quasi judicial board that reviews requests for variances from the Town's Zoning Ordinance. DRAFT - '3 '20U62/3.2U062/2/2006 Town ofIthaca Protocol and Procedures Manual — 7 1.03 Overview of Basic Town Documents This document 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 the Town to certain courses of action and practices. The following is a summary of some of the most notable documents that establish Town Board direction. A. Code ofthe Town of Ithaca The Code of the Town of Ithaca contains all of the local laws and ordinances currently in effect. The Town maintains bound volumes and electronic versions of the Code that are updated quarterly to include any new legislation. B. Personnel Manual The Personnel Manual documents policies and informs employees of the policies and procedures of the Town of Ithaca (Town) and Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC). Policies and procedures involving the employees are recommended by the Persormel Committee and adopted by the Town Board, and by SCLIWC where appropriate. Members of the Town Board, boards, committees, Town 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 Cavuga Lake Intermunicipal Water CommittoQ Commission CSCLIWCI The Commission is the executive body created by an Agreement of Municipal Cooperation, (AMC) in order to, among other duties, manage, serve and operate projects I and II, which consist of a water supply and transmission system. The Towns of Dryden, Ithaca, and Lansing and the Villages of Cayuga Heights and Lansing are parties to this AMC, 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 has designated the Town of Ithaca to provide specific personnel related services such as payroll and associated reporting. Those functions result in the Town of Ithaca bearing the status of "Employer of Record". 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 covering 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. 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. C. Annual Budget The annual budget is an orderly 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 DRAFT 2'3 -0()62:^3-.-2(4O63;Q/20Q6 Town ofIthaca Protocol and Procedures Manual — 8 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. The time table for presentation and adoption of a town budget is mandated by State Law. See Appendix #1 for Budget Calendar. D. Annual Financial Report The annual financial report includes the financial statements of the Town for a calendar year. 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. This 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. The AUD must be filed within 60 days ef-after the close of the Town's fiscal year, which is December 31 st. E. Comprehensive Plan The 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 1993. F. Five-year Capital Improvement Program The Five-year Capital Improvement Program 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 (which is under preparation.) The Capital Projects and Fiscal Planning Committee develops a long range Capital Improvement Program and recommends an annual capital budget to the Town Board. Capital projects cover a range of physical improvements in areas such as sewer, water, parks, trails, highway, transportation, and storm water management. This plan can be found in the back of the budget. G. Disaster Preparedness Plan The Town maintains a disaster 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. 1.04 Orientation of New 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, DRAFT 2/3'20()63t47-20062/2/2606 Town of Ithaca Protocol and Procedures Manual — 9 the Town Supervisor and Human Resources Manager will host 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 , ^ officials orientation. At any time, if there are facilities or programs about which you would like more information, arrangements will be made to increase your awareness of these operations by contacting the Human Resources Manager. f ^ DRAFT 2 3 2()()(>2.'3 20062/2/2006 Town ofIthaca Protocol and Procedures Manual — 10 Chapter 2. Town Board: General Powers and Responsibilities 2.01 Town Board Generally Fundamentally, the powers of 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 Town Board is the policy making and law making body of the Town. The New York Stale Constitution and State law and local ordinancon grant the powers and set forth the responsibilities of the Board. It is important to note that the Board acts as a body. No member has any extraordinary powers beyond those of other members. The Town Supervisor has some additional ceremonial, and-presiding officer and other responsibilities as described below. When establishing policies, voting, and in other significant areas, all members are equal. It is also important to note that policy is established by at least a majority vote of the entire Board. While individual members may disagree with decisions of the majority, a decision of the majority does bind the Board to a course of action. Board Members must respect adopted Board policy. In turn, it is staffs responsibility to ensure the policy of the Board is upheld. Effective Town Government is a complicated and daunting task. Informed decision making requires that Board Members prepare themselves for Board or committee meetings. This preparation includes the review of materials provided in advance. These materials may include such items asT agendas, staff memos, draft resolutions, and reports. See Appendix # 8 for Tips for Successful Public Service. 2.02 Role of 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. The 7 members of the Ithaca Town Board are collectively responsible for 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 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 ofBoard Duties and Responsibilities as Provided in, but not limited to, the New York State Town Law. Article 4, Section 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 e. Adopt resolutions f. Designate Town Depositories DRAFT 2'3 20062,3 20062/2/2006 Town of Ithaca Protocol and Procedures Manual — 11 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 Advisory Boards and Committees [Revise if necessary to be consistent with whatever committee language ends up in the Manuall a. Ratify Supervisor's establishment of committees IRcvisc if nccessarvl b. Appoint Planning Board and ZBA members c. Ratify Supervisor's appointments of committee members [Revise if neccssarv[ 5. Provide Public Leadership a. Relate wishes 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 vision and goals to constituents e. Represent the Town's interest at regional, county, state, and federal levels * \ 6. Decision-Making f ^ 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 may participate in all deliberations of the Board in the same manner as any other member and is expected to vote in all proceedings, unless a conflict of interest exists. The Town Supervisor does not possess any power of veto. B. Treasurer- Chief Fiscal Officer The Town Supervisor shall carry out all realms of the accounting function for the Town, as described in Section 29 of Town Law. 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. The Supervisor shall have similar duties for including special districts in the Town. C. Budget f \ The Town Supervisor is responsible for preparing the Tentative Budget that is filed with the Town Clerk by September 30'^ and presented to the Town Board by October 5*^. DRAFT 2'3'2QQ62e^0062/2/2006 Town of Ithaca Protocol and Procedures Manual —12 D. Administrator The Town Board may. by resolution, delegate to the Supervisor the powers 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, Section 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. By this delegation, however, the Town Board may not abdicate to the Supervisor or surrender to him/her the Town Board's basic statutory responsibilities. E. Other Dudes The Town Supervisor has other statutor\ duties as well, includiim those listed in Sections 29 and 125 ofTown Law. 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 Board Members will be absent from the Town for more than 7 consecutive days, they shall notify the Town Clerk of such absence. Board Members shall also notify the committee chair or staff support person responsible for the committee for meetings they will miss. 2.05 Appointment of Town Officials The Town Board is responsible for appointing the Town Clerk, Receiver of Taxes, Highway Superintendent and Director of Engineering. The appointees shall hold their respective offices as provided in Town Law Section 53-c.for a two year term commencing the fi rst day of Januar)' next succeeding the first biennial town oloction. Tiie Deputy Town Superviiior. Doput) Town Clerks and the Deput> Town Highway Superintendent will be appointed by the Superxasor subject to confirmation by the Town Board.The Deputy Town Supervisor is appointed bv 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 Clerks are appointed bv 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 no duly appointed and qualified deputy present and able to act. The Deputy Hi^hwav Superintendent is appointed bv the Hiizhwav Superintendent, or by the Town Board if the Highway Superintendent fails to make an appointment within five davs after a vacancy occurs in the office. Public Officers Law Section 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 and qualified..." [Note: Town Law § 53-c says: "The head of a department and a deputy' department head shall hold office until the first day of Januar>' next succeeding the first bi-annual town election held after his anpointm^tit, and thereafter, shall hold office for the term of two DRAFT 2'j 20062/.l'2(K)62/2/2Q06 Town of Ithaca Protocol and Procedures Manual — 13 i. t years and until his successor shall have qualified, provided, however, that the annointces to such offices shall be removable at the pleasure of the town board unless otherwise provided bv local law." 2.06 Appointment of Department Heads and Staff The Town Board is responsible for the appointment of -Department Heads 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. 1. Appointment of Additional Management Staff Senior staff members, -including: Budget Officer, Human Resources Manager, Network Records Specialist and Recreation and Youth Coordinator, will be appointed by the Supervisor subject to confirmation by the Town Board.r 2. Appointment ofDepartment Staff The Town Board shall ratify the stall' appointments made by the Department Heads and 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. These procedures 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 ofZoning Board ofAppeals, 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. 1. Zoning Board of Appeals fZBAf -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 them it_by the State of NY. For more information refer to Code of the Town of Ithaca, Chapter 270, Section 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 tliem k.by the State of NY. For more information refer to Code of the Town of Ithaca, Chapter 270, section 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. DRAFT 2 '3 '2()U62:^3/2UWi2/2/3006 Town ofIihaca Protocol and Procedures Manual —14 I B. Creation and Role of Other Boards and Committees fNecd to add committee language hcrc,l ^ C. Qualifications It is the desire of the Town to establish a consistent policy in its decision-making role to fairly and equitably evaluate those citizens of the community who demonstrate desire to serve on such boards or committees. Persons wishing to be considered for appointment will submit to the Town Clerk's Office a letter with a detailed description of their interests and experience and a resume, if available. Inasmuch as the qualifications and terms of service for ih^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: 1. Residencv - Residency requirements for advisory boards and committees are noted in applicable sections of the Town of Ithaca Code. 2. —Geographic. Economic. Ethnic and Racial Balance - Normally, consideration should be given toward maintaining an equitable balance of community and area representation on all boards and committees. To increase broad community involvement, the Town Board's goal is to appoint many different citizens to committees. The Town Board will strive to avoid appointing persons 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 resolutiom-tmer f ^ The Town Board will strive to avoid appointing multiple members from the same family or household to a single board or committee, in order to avoid the reality or appearance of improper influence or favor, -except on the Agriculture Committee. The Town Board will strive to avoid appointing members of 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. 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 that each applicant may make if appointed to a board or committee. Criteria to guide the Board in its evaluation may include: a. Ability to communicate b. Desire to perform public service c. Ability to express ideas, concepts, or philosophies » ^ d. Desire to participate in decision-making process / ^ e. Availability and understanding of time commitment f. Willingness to attend training as needed for the position. DRAFT 2/3/20Q62/^a20()62/2/20Q6 Town ofIthaca Protocol and Procedures Manual ~ 15 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 (current employment, special interests, etc.) 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 (point 2). 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 size of the pool from which committee members are drawn. [Is the above italicized paragraph intended to be part of the Manual, or is it an ohsen ation for Board member consideration? Also, while the language above and below talks about the Planning Board & ZBA, some of the language is aimed at advisory boards and committees—need to sort out which provisions applv to advisory committees and which to the PB & ZBA.I D. Appointment Process for Zoning Board ofAppeals 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 to interview ^ ^ each applicant individually, consisting of at least one Town Board Member and the Committee or Board chairperson. 2. Committee Evaluation - After each applicant or member is evaluated, the committee will deliberate and reach a decision on a recommendation. The recommendation will 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 mail of the decision of the Board. E. Appointments L AptJointment of Planning Board. Zoning Board of Appeals and Conservation Board The Town Board is responsible for appointing members to the Planning Board, Zoning Board of Appeals and Conservation Board based on an established term of appointment. Refer to Town Law, Article 16, Section 267 and 271. Refer to other parts to this section 2t0^2.07 for more information on process of appointment, reappointment, resignations, filling vacancies and rules of conduct. 2. Town Board Committees [Need to add language to this section.1 F. Reappointment Criteria At such time as reappointment is considered, the Board will be guided by the following performance criteria: DRAFT 2 3 '2Q062.3.2U()62/2/20Q6 Town ofIthaca Protocol and Procedures Manual — 16 ; ^ 1. Regularity of Attendance 2. Understanding of board or committee function I ' 3. Demonstrated leadership 4. Active participation 5. Demonstrated contribution during past term of office on issues, programs, policies, etc., of the advisory board or committee 6. Demonstrated ability to act within the bounds of regulatory expectations of board or committee 7. Demonstrate ability to work toward the goal of the board or committee. G. Board and Committee Resignations Board and committee members must submit a signed letter of resignation to the Town Clerk. After three attempts to secure a letter from a member who has verbally indicated he or she is resiuninu. 1??1 the Town Board can declare the seat vacated and has the right to fill the vacancy. Following receipt and acceptance by the Town Board, the Town Clerk is authorized to advertise such vacancies according to the process set forth in the next section (see below). [Note: Public Officers Law § 31 prescribes the method for resignation of public officers, which the above method doesn^t follow. The above method is fine for advisory board members and others who aren't public officers, but it shouIdn^t apply to PB, ZBA or Town Board Members.! 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 Clerk will: a. Announce the position vacancy and filing period by publication of it in the official newspaper of the Town of Ithaca.7 b. Notify residents of the community whom who have indicated interest in serving on a Town board or committee. c. Notify the Chairpersons of the appropriate advisory board or committee of the vacancy. d. Notify the incumbents of advisory boards and committees whose terms are expiring and invite incumbent to consider reapplying. 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 to some of these groups on an as-needed or as-requested basis. Where applicable, the Town Board will appoint an alternate to attend outside boards, commissions, or committees, if the main delegate to such group is unable to attend a meeting of the group. The main delegate will notify the alternate as soon as possible after the main delegate realizes thev-he or she will be unable to attend an upcoming meeting of the outside group. Board Members participating in policy discussions at regional meetings will represent the consensus of the Board ladd: *'where one has been expressed"?], except where regional DRAFT '2()()()j:^^^W()2)^2/2006 Town of Ithaca Protocol and Procedures Manual —17 appointment requires regional opinion. Personal positions, when given, will be identified and not represented as the position of the Town. Assignment and direction of staff in relation to I regional meetings are at the discretion of the Town Supervisor. ^ 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 of Town boards and committees will abide by all applicable state and Town laws. Town ordinances, and other doctrines requirements relating to the conduct of board or committee members, including, but not limited to, conflict of interest statutes, and the State Open Public Mootinus ActOpen Meetinas Law. 2. Members of Town boards and committees 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 Y ^ 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 he/she is speaking only as an individual citizen and is not in any manner representing or speaking on behalf of the board or committee of which he/she is a member. K. Board Members' Role and Relationship with Zoning Board of Appeals 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. tlic Zoning Board of Appeals or 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 in order to assure public confidence in the decision-making process and avoid the appearance of bias, prejudice, or improper influence. Toward this purpose, the following t ^ protocol should be observed: ; *1. The Board Member shall declare at the outset and upon the record that the Board Member is present in his or her private capacity as DRAFT 2'3-'20062/3,'2()062/2/20Q6 Town ofIthaca Protocol and Procedures Manual —18 an interested citizen, and not on behalf or at the request of the f, Town Board. t 1 0 i 2. The Board Member shall refrain from stating or implying that the * n Board Member's position or opinion is that of the Town Board. 3. The Board Member shall refrain from directing Town staff or the advisory body to take any action on behalf of the Board Member. 4. The Board Member shall observe any rules of procedure or protocol that apply to any other private citizen testifying before the advisory board. 5. If a member so testifies, such members shall consider recusing oneself himself or herself from participating in the discussion and vote on the issue at the Town Board level. 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 permit particular offices to be held by the same person regardless of whether they may or may not be compatible under common law principles. Cases construinu New York State Town Law, Section 20 Case Noios addrostiori address specific times when it may or may not be compatible for a person to hold more than one position. 2.09 Return of Materials and Equipment During their service on the Town Board, members may have acquired or been provided with equipment, as well as copies of the Ithaca Town Code, Personnel Manual, Protocol and Procedures Manual, keyless entry FOB, etc. These items are to be retumed to the Town at the conclusion of a member's term. The Human Resources Manager will contact members regarding any continuation of health or dental insurance if applicable. 2.10 Filling Elected Vacancies If a vacancy occurri on the Town Board during a member's term, the Board shall, by majority vote, appoint an individual to servo the rcmaindor of the term, as provided by law. If a Justice vacancy occurs during their tomi. the Board shall, by majority vote, appoint an interim .Tustice to complete that calendar year. The individual appointed and others would have to run for election in Movember for a now four year term commencing .fanuaty^ 1 st. If a vacancv occurs in an elective office, the Board shall, bv majority vote of the entire Board, appoint an individual to serve until the commencement of the calendar year next succeediim the fi rst annual election at which the vacancv may be filled, as provided bv law. r\ f\\ s INotc; the above comes from Town Law § 64151.1 DRAFT 2/3/20062.'3.'2()()62/2/2006 Town of Ithaca Protocol and Procedures Manual — 19 Chapter 3, Interaction with Town Staff/Officials 3.01 Overview Successful town governments depend upon positive relations amongst the Town Board, Town Supervisor and Town staff. Town Board policy is implemented by the staff. It is critical that the relationship between Board and staff be well understood by all parties so that their respective roles are recognized and that policies and programs may be implemented: successfully. 3.02 Administration of the Town The Town Board's role is to establish Town policies and priorities, and provide for the proper administration of the Town. The Town Board may delegate the authority to implement policies and undertake the administration of the organization. The Town Board currently has delegated to the Town Supervisor the enforcement of laws and ordinances, direction of daily operations of Town government, and te-implementation of the policies and programs initiated by the Town Board. Approval of positions, salaries and benefits is the responsibility of the Town Board. Monitoring the budget is the responsibility of the Town Supervisor. It is the role of staff to implement the policies and programs: established by the Board and to conduct the day-to-day business of the Town. For further information on appointments refer to Chapter 2. section 2.05 and 2.06. See Appendix 2 for the current job description for Town Councilperson, Appendix 3 for Town Supervisor, Appendix 4 for Deputy Town Supervisor, and Appendix 6 for the Organizational Chart. 3.03 Board Relationship to Administration The Town Board as a whole makes policy, local laws and ordinances for the Town. Individual members of the Town Board should refrain from undue involvement in the day to day administrative affairs of the Town. Individual Board Members do not supervise Town staff nor do they individually establish or change programs. Concerns regarding staff or Town business operations should be brought to the attention of the Supervisor and/or the Board as a whole. 3.04 Town Board/Town Supervisor Relationship Effective administration of the Town relies on cooperation between the Town Board and the Town Supervisor. Town Supervisor and Board Members, whether in public or private, shall be respectful of one another. When disagreements occur they should be expressed in policy not personal terms. 3.05 Town Board/Town Staff Relationship It is the responsibility of town staff to implement the policies and programs established by the Town Board. Business contact between Town Board Members and Town 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. DRAFT 2 '3'2()062/3/20062/2/2006 Town ofIthaca Protocol and Procedures Manual — 20 V 3.06 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 (.1) Rules of Conduct, for information regarding addressing an appointed board. 3.07 Town Board/ Attorney Relationship The Town Board shall obtain legal counsel for the Town, either by appointing a Town Attorney on a full-time or part-time basis, or contracting for such professional services. The Town of Ithaca contracts for attorney services annually. The Attomey(s) for the Town are the legal advisor(s) for the 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 Attomey(s) for the Town are to: 1. provide legal assistance necessary for fonnulation and implementation of legislative policies and projects; 2. represent the Town's interest, as determined by the Town Board, in litigation, administrative hearings, negotiations, and similar proceedings; 3. 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 ^ 4. 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 Attorney(s) for the Town represents or gives opinions for the Town as a whole, and not for any individual connected to town government. The Attomey(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. 3.08 Roles and Information Flow A. Board Roles The full Town Board retains the authority to accept, reject, or amend the staffs recommendation on policy matters. Individual members of the Town Board should avoid intrusion into those areas that are the responsibility of staff. These includeT; staff decision-making, the development of internal recommendations, scheduling of work, and executing department priorities. This allows staff to execute priorities given by management and the Board as a whole. If a Board Member has questions or concerns regarding the actions, decisions, recommendations, workloads, work schedule, or priorities of staff, that member should bring them to the attention of the Supervisor and/or the Board as a whole, for discussion and ^ consideration. \ \ P ... DRAFT 2'3'20062.3 20062/2/2006 Town ofIthaca Protocol and Procedures Manual —21 B. Access to Information 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 timely manner. Requests should be directed to the Supervisor or to department heads in a timely manner, as well. Requests shall be granted unless it is believed that the request is not related to a legitimate Town Board function or time required to fill the request is not currently available. Disputes reuardiniz requests for information from a Town Board member may be discussed and decided on bv the Town Board. If so directed by action of the Board, staff will proceed to complete the work within a Board-established timeline. Disputes regarding requests for information from a Town Board member may bo discussed and decided on by the Town Board. Information provided to a single Town Board member shall be made available to other Board members also. C. Staff'Roles The function of staff is to implement policies and initiatives of the Town Board, keep the Board informed, and run the day-to-day operations of the Town. Staff members are obligated to comply with Federal, State and local laws and ordinances. Staffs daily functions are under the supervision of their Department Head or the Town Supervisor, as appropriate. This supervision follows the policy set by the Town Board as a whole. If a staff person believes that someone is improperly attempting to direct or influence him/her, (s)he should inform the Department Head and/or Supervisor. 3.09 Dissemination of Information A variety of methods are used to share information with the Board. Town Board members are provided agendas for and are welcome to attend Supervisor Advisory Committee (SAC) meetings. Board/staff retreats serve to focus on topics and enhance information exchange. The Town Supervisor also provides other information to the Board, such as status reports from inter-municipal agreements. Refer to Chapter 4 Town Board Meetings for more information. Informal meetings between Town Board members and the Supervisor or staff in groups or on a one-on-one basis are encouraged as long as such meetings do not involve a quorum of the Board in violation of the Open Meetings Law.law.. In initiating such meetings. Town Board members must be respectful of each others' time commitments or scheduling conflicts. 3.10 Staff Relationship to Advisory Bodies and Consultants Staff support and assistance may be provided to advisory boards, committees, consultants and task forces. Advisory bodies, however, do not have supervisory authority over Town employees. When staff members are assigned to support an advisory body, the limit to the staff time commitment will be set. IBv whom? Need to assure staff has sufficient time to meet legally-mandated duties.! Staff members will carry out appropriate assignments given by the advisory body, so long as it does not exceed the allotted time commitment. Disputes about the appropriateness of an assignment will be decided by the Town Board. While staff may work closely with advisory bodies, staff members remain responsible to their immediate supervisor. The members of the boards or committees are responsible for the functions of that advisory body. The chairperson is responsible for committee compliance with the municipal code and/or committee bylaws. Staff members are to assist the advisory body chair to ensure appropriate compliance with state and local laws and regulations. DRAFT 2 20()6=:^3 ■2(1062/2/2006 Town of Ithaca Protocol and Procedures Manual — 22 IComnare the above language with that in the red-lined version previously circulated— there are a few differences.! Staff support includes but is not limited to: o preparation of a summary agenda after approval by the chairperson; o preparation of reports providing a brief background of the issues, a list of alternatives, recommendations, and appropriate backup materials, if necessary. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues; o preparation of minutes of advisory body meetings; o scheduling of meetings. 3.11 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. DRAFT 2 3 20062'.r'20()62/2/2006 Town ofIthaca Protocol and Procedures Manual — 23 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 primarily 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, usually on the first Monday following the first Tuesday, -at 5:30 p.m., as established by resolution in 1964. 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. If the scheduled date for a meeting happens to be a designated legal holiday, the Board meeting will be held the following week. [This version changes the P&P Committce^s language that Town Board meetings will be held on the second Monday preceding the second Tuesday fhow docs that work where the month starts on a Tuesday?). If this change would result in a slightly different schedule, then the language cither needs to track the 1964 resolution, or the Town Board should revoke the resolution and pass a new one w ith the desired language.) 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 meetiiuis. hearings and the preliminary agenda for the forthcoming Board meeting. The procedure followed by the Town of Ithaca is as follows: A. Notices of Public Meetings Public notice of the time and place of a meeting scheduled at least one week prior thereto shall be uiven to the news media and shall be conspicuously posted on the Town Clerk's Board at the Ithaca Town Hall at least seventv-tvvo hours before such meeting. Public notice of the time and place of ever\' other meetinR shall 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 at a reasonable time prior thereto. [Note: The above language comes from Public Officers Law (aka Open Meetings Law) S 104.1 A. Notices oi Public Hearings The Town shall publish all notices of Public Hearings in the Town's designated official newspaper and post such notices on the Town Clerk's board at Town Hall. Publication of a notice shall contain the time, place, date, subject, and body before whom the hearing is to be held. DRAFT 2o-'20062/3/2Q062/2/2006 Town ofIthaca Protocol and Procedures Manual -- 24 B. Preliminary Agenda ofBoard Meeting The public shall be notified of the preliminary agenda for the forthcoming regular Town Board meeting by posting a copy of the agenda in the following public place in the Town at least 24 hours in advance of the meeting: • Ithaca Town Hall Town Clerk's Board 215 North Tioga Street Ithaca, NY 14850 Meeting agendas are also posted to the Town of Ithaca website www.town.ithaca.nv.us INotc: the Open Meetings Law doesn't require agenda posting, although the Town is free to commit to this practice.! C. Duties of Town Clerk The Town Clerk is directed to publish notices and post agendas as required by the Open Meetings Law. The Town Clerk is responsible for posting the notice of public meeting at loaGt 2'i hours in advance of the meeting as described above. The Town Clerk is responsible for assembling Board Meeting packet information and mailing or delivering the packet to the Town Board members by 5 days before the meeting. See Appendix 5 for Town Clerk's Job Description. 4.03 Special Meetings The Town Supervisor may call a special meeting of the Board by giving at least 48 hour notice. The Town Supervisor may do this on his or her own initiative and shall do so within two ten davs if requested in writing by two members of the Town Board. [Note: Town Law 62 savs 10 days where at least 2 Board members request the special meeting.) Notice of a special meeting will be made by the Town Clerk at least 48 hours before the time ot such meeting as specified in the notice bv delivering personally, by mail, email or by facsimile, written notice to each member of the Board, and to each local newspaper of general circulation and te-each local radio or television station which has on file with the Town a written request to be notified of such special meeting or of all special meetings, at least 18 hourn bororo the time oi such mooting nv, specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. The notices provided in this section may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical, and increase the likelihood of such injury or damage. 4.04 Organizational Meeting The Town Board shall hold an annual organizational meeting, as soon as possible after the year begins, as a special meeting or as part of a regularly scheduled meeting. The purpose for this meetings is to get the town government organized to function throughout the year. Such items to be addressed include but are not limited to: Oaths of Office, Appointments, Designation of Official Newspaper, Designation of Official Depository, Declaration of Officials and Employee Bonds, Town Board Meeting schedule and review the Procurement Policy. DRAFT 2 -'2()()623 2(i(i()2/2/2006 Town ofIthaca Protocol and Procedures Manual — 25 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. This gathering of a quorum of the board could be considered a "meeting" under the Open Meetings Law. The policy of the Ithaca Town Board is to consider a site visit a special meeting and will be advertised by the Town Clerk as a special meeting open to the general public. 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 a-political committees, conferences and ei^caucus^ 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 oi^caucus^ 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 (includiim the making of decisions).no decisions shall he made, otherwise the caucus will violate the Open Meetings Law. 4.07 Development of the Agenda A. Supervisor's Advisory Committee_(SA C) Matters to be presented to the Town Board at its regular meetings are generally reviewed by the Supervisor's Advisory Committee (SAC). The SAC is composed of the Town Supervisor, Deputy Town Supervisor, Town Clerk, Town Highway Superintendent, Director of Engineering, Director of Planning, Director of Building and Zoning, Budget Officer, Human Resources Manager, Network/Records Specialist and Recreation and Youth Coordinator. Board members are welcome to join the meetings and should notify the Town Clerk to ensure there won't be a quorum of the Town Board. The Town Clerk will notify Town Board members of the place and time of meetings. B. Town Board ^A Board Member may place an item on an agenda either by submitting the resolution at a Town Board meeting or submitting the item 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 SAC for scheduling and to consider ifany material is needed for the mail out packet_ Items submitted by Town Board members in a timely fashion must be placed on that meeting's agenda. |Po you want to make provision for a Town Board member to submit an item other than a resolution (such as a discussion item) at a Town Board meeting? Also, clarify what "tiineh " in the last sentence means.l :A-C '■ 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 DRAFT 2-'3-'20062/3.'2(IO()2/2/2006 Town of Ithaca Protocol and Procedures Manual ~ 26 requested to be placed on the agenda. If the issue is added to the agenda, the Town Clerk will notify the requester so that he or she may plan to attend the meeting. ^D. Members ofthe Public A member of the public may request 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 issue is approved for the agenda, the Town Clerk will notify the requester so that he or she may plan to attend the meeting. E. Distribution of Town Board Agenda The final agenda for a Town Board meeting must be made available to Town Board members at Town Hall at least five full days (120 hours) prior to the start of the tXown bBoard meeting. Board Members may elect to have their copies of the agenda -mailed to them. 4.08 Recording of Meetings and Retention of Information The Town Clerk, or designee, shall tape 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. • Audiotapes are kept for four months after transcription/approval of the minutes, in accordance with State Archives and Records Administration requirements. • Agenda packets are retained for six years, in accordance with State Archives and Records Administration requirements. ISARA's Schedule MU-1 for cities and towns says agendas, background materials and other records used at governing body meetings need to be retained for only 1 year. This doesn't preclude the Town from retaining these items longer, but if we keep 6 years listed, strike the "in accordance with State Archives and Records Administration requirements" language.l • The public and/or news organizations may record and broadcast Board meetings as long as, in the opinion of the Town Boards such recordings are done in an unobtrusive manner that does not disrupt the meeting or the Board's renponnihilitv 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 Deputy Town SuperviGor chairperson shall be elected by the members of the Board present. After determining that a quorum is present, the presiding DRAFT 2 2006:^-'^20()62/2/2006 Town ofIthaca Protocol and Procedures Manual —21 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. Report of Tompkins County Legislature The Tompkins County Legislature is a 15 person board, of which 7 currently represent the Town of Ithaca. On a rotating basis one of the 7 representatives attends meetings to report on the Legislature's activities. C Report of City ofIthaca Common Council The City of Ithaca Common Council has designated a member of theh^its Common Council to attend Town Board meetings to report on the Council's activitieSi- D. Report ofFire Commissioners The Town of Ithaca contracts with the Ithaca City Fire Department for fire protection. The Fire Department is administered by the Board of Fire Commissioners, on which the Town has 2 of 5 representatives. One of the representatives attends the meeting to update the Town Board on the operations of the Ithaca City Fire Department. E. 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 Boardr about topics that are not scheduled as a public hearing on the agenda. Individuals wishing to address the Board may gain recognition by raising their hands. Upon recognition by the Presiding Officer, individuals come forward, are invited to state their names and addresses, and speak to the Board. Speakers may be asked to limit their presentation to 3 minutes, unless a longer period is permitted by the Presiding Officer. Upon recognition by the Presiding Officer, Board members may ask questions directly of individuals or staff. Written comments may be submitted for the record of a Board meeting by presenting the written document to the Town Clerk. A copy of the document will be provided to each Board Member. Board members may bring up 'other' topics that are not on the agenda during the Board Comments section. This is the time when a Board member may request a topic to be added to a future agenda. F. Public Hearings The purpose of the Public Hearing is to give the public an opportunity to express its views and to make inquiries in respect to the matter before the Board. Public hearings shall be scheduled for a designated time to ensure that the public has the opportunity to attend. Prior to setting a public hearing a draft local law. er-ordinance and/or resolution will be provided to the Board, -so that the Board can discuss and edit it before the hearing notice is published. An individual desiring to speak during a public hearing is to address the Board from the speaker table after giving theh^his or her name and address. Comments are limited to the specific matter for which the public hearing is held and are limited to 3 minutes, unless a longer period is permitted by the Presiding Officer. Written comments are encouraged during the public hearings. When materials are presented during public hearings, they should be submitted to the Town Clerk before the public hearing is closed on the item. Written documents submitted will be entered into the record. After ail persons have been heard, the Presiding Officer shall use DRAFT 2 j 2()(Ki2,3.201)62/3/2006 Town of Ithaca Protocol and Procedures Manual ~ 28 his/her discretion as to whether anyone will be given the opportunity to address the Town Board more than once. See Appendix 7 for the Public Hearing Standard of Conduct. 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. Town Board then shall be considered to be in 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, when feasible, will vote on the matter at a subsequent meeting. [Does this happen very often? If not, note this will be a change from current procedure.] The Board may take immediate action if there has been adequate opportunity for the public to comment and if deemed appropriate at that time. G. Action & Discussion Items The Town Board considers approving resolutions and other matters or subjects requiring action by the Board. The Town Board discusses matters not requiring immediate action by the Board. 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. Examples of such items include: • Approval of all Board minutes; • Abstract for Town; • Abstract for SCLIWC (Bolton Point); • Ratification of Appointments (to Town or Bolton Point positions); • Approval of Job Descriptions; • Approval to Attend Conferences/Training; • Approval of Disposition Listings.f T Unless a member of the Board requests a reading of the minutes of a Board meeting, such minutes may be approved without reading, if the Clerk has previously furnished each member with a copy thereof. No discussion shall take place regarding any item on the consent agenda beyond asking questions for simple clarification. Prior to approving the items on the consent agenda, 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. H. Boards & Committees During this portion of the meeting, the Board will discuss and update what is happening on committees on which they sit. I. Reports of Town Officials Members of the Board and the Town Supervisor may take this opportunity to make comments, extend compliments, express concerns, or make announcements concerning any topic they wish to share with staff or the public. The Town Officials may discuss topics with the Board or add items to their written reports. DRAFT - Town of Ithaca Protocol and Procedures Manual — 29 J. Review of Correspondence Written 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 also distribute a copy of the correspondence via the Correspondence Folder that is passed around at the Town Board Meeting. Town Clerk shall distribute to the Town Board such written communication items pertaining to public hearing topics and will include them in the minutes. K. Executive Session Executive Session is to privately discuss and consider matters of confidential concern to the well being of the Town. The purposes for which an Executive Session may be held are identified in Public Officers Law, Section-1-02 105 as:, oomo of which include: —Discussion with legal couniici propoood. ponding or current litigation: Medical, financial, credit or employmont histor. of a particular person or corporation, or relating to appointmoni. promotion, demotion, discipline or romoval: ' Property .Xcquisition/Disposition: Performance roviow of publicly bid contracts: r Complaints or charges brought against a public officer or employee: r Qualification/performanco reviox'. of job applicants and omployocs: rjEvaluato qualiilcmions of candidates for appointment to an oioctive offico; - Matters relating to collective negotiations under the Taylor Law: 9 y The Town Board may also hold aSpecial Session (not open to the public) to receive J I confidential advico from the Town Attornoy under tho attorney client privilege. • Matters which will imperil the public safety if disclosed: • Anv matter which mav disclose the identity of a law enforcement agent or informer: • Information relating to current or future investi^ation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed: • Discussions reizardinu proposed, pending or current litigation: • Collective negotiations pursuant to Article 14 of the Civil Service Law: • The medical, financial, credit or employment histor\' of a particular person or corporation, or matters leadinu to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation: • The preparation, aradinu 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 Before convening in Executive Session, a Town Board member is to make a motion to enter into executive session and that motion much be approved by a majority of the entire Town , Board. The motion must identify with "particularity" the subject to be discussed. The public # , will be notified when the Board returns to regular session. DRAFT 2/y'20()62/.i.'2()062/2/2006 Town of Ithaca Protocol and Procedures Manual — 30 If no formal action was taken in an executive session, as is often the case, then no minutes need to be taken. Summary minutes must be made of any final determination taken by formal vote, including the date and vote, however, such summary should not [note: *'nccd not" is the statutory' language, but this can say ''should not" if you wish I include any matter which is not required to be made public under the Freedom of Information Law. Public monies cannot be appropriated by formal vote in an executive session. L Closed Session The Town Board may also hold a closed session (not open to the public) to receive attorney-client privileued advice from attornevs representiim the Town. Before closina the meetina. a Town Board member should make a motion to enter into closed session and that motion must be approved bv a majority of the Town Board. The motion must state that the purpose of the closed session is to seek legal advice of counsel. The public will be notified when the Board returns to regular session. [Note: Open Meetings Law S 108 exempts from the OIVIL requirements any matters made confidential by federal or state laws (including attornev-client privileged communications). Procedures to go into closed session arenT spelled out in the OML, but the above procedure is recommended in opinions issued bv Robert Freeman of the Committee on Open Governmcnt.l L. Adjournment A Board Member may propose to close end the meeting entirely by moving to adjoum. 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. Consideration of the agenda matter then on the floor will be continued beyond 10:00 p.m. by majority vote of the entire Board. In the event the remaining agenda caimot be concluded at any meeting by 10:00 p.m. and the Board does not vote to waive the 10:00 p.m. endinu lime, the meeting will be recessed to a definite time and place, and notice of such continued meeting will be given as provided by statute. 4.10 General Procedures A. Seating Arrangement ofthe Board The Town Supervisor, with the approval of individual Board members, shall establish seating arrangements for regular Board meetings. B. Signing of Town Documents The Town Supervisor, unless unavailable, shall sign all contracts and other documents which have been adopted approved bv the Town Board and require an official signature. In the event the Town Supervisor is unavailable, the Deputy Town Supervisor shall sign such documents. »« C. Quorum Four members of the Board shall constitute a quorum and are necessary for the transaction of Town business. A lesser number may adjoum the meeting. DRAFT 2 3.'2()062/3 '20062/2/2006 Town ofIthaca Protocol and Procedures Manual — 31 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. E. How Many Votes are Requiredfor Passage? For all roDolutiono. and motiono. e.xcept for the following, a oimplo majorit>^ of the Board members present (aoouming a quorum) io sufnciont for passago: The passage of any ordinance, grant or revocation of a franchise or license, and any resolution for the payment of money, requires an affirmative vote of at least a majority of the whole membership of the Board. Public emorgoncy ordinances, nocessar)^ for the protection of public health, public safety- public property, or public peace, may take effect immediately upon final passage (instead of after a five day delay), if passed by a majority plus one of the whole membership of the Board. Passage of an ordinance for an emergency expenditure requires a vote of more than a majority of all members of the Board. Except where otherwise required by law, every act, motion or resolution shall require for its adoption the affirmative vote of a majority of all the members of the Town Board (at least four votes). [Note: If it hasn^t already done so. the Board might want to consider passing a resolution stating the effect of an abstention & then include a statement in the Manual about this.) F. Amending the Policies and Procedures Manual The Policies and Procedures Manual may be amended at any Town Board meeting provided that the amendment is placed on the final Town Board agenda and made available to Town Board members in a timely fashion as specified in 4.07.E 4.11 Open Meetings Law A. Applicability The eOpen mMeetings 4Law applies to the Town Board, all quasi-Judicial bodies, and all standing, special or advisory boards, committGos. committees or subcommittees of, or appointed by, the Town Board. B. Meetings All meetings of the Board shall be open to the public, except in the special instances as provided in the Open Meetings Law, as hereafter it mav be amended. A meeting takes place when a quorum (a majority of the entire Board) total number of Board Memhorn currunily .nQntod on the Board) is present and information concerning Town business is received, discussed, and/or acted upon. 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 if a quorum of the Town Board exists, public business is discussed, and the Board is not in Executive Session or closed session. The DRAFT 2o'20063:'3t-20().i2/2/2006 Town of Ithaca Protocol and Procedures Manual ~ 32 only exception to the public meeting requiromont ia an oxocutivo oession, which wao discuaaod in C. 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. D. Actions Legal action must be taken by the Board in an open public meeting, except for some instances in executive session, as discussed in Section 4.09 (L). At a Special Meeting, action can be taken only on those items appearing on the posted agenda. At a Regular Meeting of the Town Board, the Board is free to take action on non-agenda items, subject to applicable notice requirements in state statutes or local laws or ordinances for the subject matter being considered. E. 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. DRAFT 2 20062 ■irtW(>2/2/3006 Town of Ithaca Protocol and Procedures Manual — 33 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. 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. The basic steps to conducting business include: 1 When the next item on the agenda is a motion to be considered, Tthe Presiding Officer will call upon a Board Member to move that item or may move the item. • A second member of the Board seconds the motion. • If there is material or information to be presented the Presiding Officer will ask the appropriate person to address the Board. o If a public hearing is scheduled: n The Presiding Officer opens the scheduled public hearing at the specified time n The Presiding Officer closes the public hearing after receiving ^ comments from the public ^ n The Presiding Officer brings the matter back to the Board for * discussion /1 _ A second member of the Board seconds the motion • The Presiding Officer states the motion (if necessary) and calls for discussion or debate on the motion • The Board discusses the motion. During that discussion, when recognized, Board Members may move appropriate procedural motions (i.e., any motion authorized by this manual or Robertls Rules of Order [snccifv versioni even when another motion is already on the floor.) • Any changes to the motion are proposed as amendments. • Amendments may also be amended and then either accepted or rejected by vote of the Board. • The Presiding Officer calls for any further discussion or debate • The Presiding Officer restates the motion, if necessary, and puts the motion to a vote • 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, DRAFT 2 '2()()62. j -()()(i2/2/2006 Town ofIthaca Protocol and Procedures Manual -- 34 5.03 Order of Discussion In general, the Presiding Officer will follow the prepared agenda. However, on those occasions when the Presiding Officer believes that deviations are necessary or convenient, the Presiding Officer will propose changes. A Board member may also suggest a reordering of or addition to the agenda. Reordering of the agenda will be accepted by consensus of the Board, or by majority vote of the entire Board presont. if there is any objection to the change. Additions to the agenda as distributed (see 4.07.E) will be accepted by consensus of the Board, or by a two thifds-maioritv vote of the entire Board Dresent. if there is any objection to the changes. 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 his/her hand prior to making a motion or engaging in debate or discussion. When appropriate, the Town Board Members may ask to respond to questions with 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: 1. 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 (or his or her designate) will keep a written list of board members in the order in which they have been recognized by the Presiding Officer. When tThe Presiding Officer may recognize him_or herself by so announcing to the Board and placing him or herself in order 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 has been passed by a 2/3-maiorit\ vote of the entire Boardthose prosont. 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 ask for recognition. DRAFT 2/3-'2()()62.^3/20062/2/2006 Town ofIthaca Protocol and Procedures Manual — 35 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; a Board Member might state "I make this motion in order to put it on the floor for discussion. I am not sure of my position on it at the present time." 5.07 Seconding a Motion After a motion has been made, and if it requires a second, another Board Member who wishes to see the motion considered says, without obtaining the floor, "1 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 meeting." 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 he/she deems 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 permitted in this manual or in Robertls- Rules of Order Isnccifv vcrsioni 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 maker of the motion. It must be accepted by the maker 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 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 mo\ ing the postponement of voiinu to postpone the item to a later time or date. This can be done regardless DRAFT 2'.V 20002 3 2l)i)o3/2/2006 Town ofIthaca Protocol and Procedures Manual — 36 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. 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 A Board member may move to table the pending motion (i.e., put the pending motion aside temporarily) when some other issue of immediate urgency has arisen. No reason may be given for the motion by the maker or seconder, and the motion is -not debatable by anyone. The motion to take up the tabled motion must be made and seconded, and requires a majority vote of the entire Board prosent. After a motion has been tabled, it can be taken back up as soon as the interrupting business is disposed of and when no other motion is pending. ^ The proper use of the motion to table is to allow the Town Board to turn to another matter that is urgent and pressing. [Note: It seems inconsistent to sav a motion can be tabled to turn to some other urgent matter, but not allow any explanation f'no reason may be given"! of what that urgent matter is.l 5.12 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 he/she is encouraged to state the reason for the abstention. Board Members have the right to have the reasons for his/her 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 1 own'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.A.3, the Presiding Officer puts the motion to a vote. Only those ordinances, resolutions, or main motions that receive an affirmative vote by the required majority of the Town Board shall be passed and —become effective. Adopted motions cannot be reconsidered by the Board at another meeting in the same calendar year except by a majority vote of 5 members of the entire Board. IRc: waiting until the next calendar year for reconsideration: what if the Board realizes it enacted a local hnv that doesn't comply with federal or state law, or the Board receives new information that changes how it views the local law? It wouldn't be legally prudent to limit the Board's ability to address these issues in a timely manner. Also, note that with the calendar vear as the cut-off point, a motion passed in December could be reconsidered the next month in .lanuarv, but a motion passed in January couldnT be reconsidered until the following Januar\. which doesn't seem rational. DRAFT 2 '3 '2U()02-3.2004)2/2/2006 Town of Ithaca Protocol and Procedures Manual -- 37 / ^ 5.13 Other Protocol To ensure that meetings of the Board emphasize the importance of the business being conducted in a professional manner.r- 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 also so that the audience can hear the discussion. • Except where the Town Board is required to follow ceitain procedures as specified by state law. Robert's Rules of Order [specify version] will apply for procedures not covered in this manual. 5.14 Questions Regarding Rule of Order If a Board Member questions whether or not the rules of order are being properly followed, he or she 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 used, the Attorney for the Town should give advice, even when it has not been requested. 5.15 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. 5.16 Suspension of the 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 fix'e votes an affirmative vote o< a maioritv ol 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 New York State Town Taw^state law or by a Town of Ithaca local law can be suspended by this motion. Chapter 6. Board Correspondences 6.01 Overview 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 DRAFT 2 j 20062/3,20062-/2/2006 Town ofIthaca Protocol and Procedures Manual ~ 38 I 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. 6.02 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 te the_Board from corresponding with constituents, other officials, members of the media or the public at large about town efior 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. 6.03 Freedom of Information Law To ensure that business communications submitted to and by elected and appointed officials comply with th^Public Officers Law, Article 6, sSections 84-90, which is known as the Freedom of Information Law^ and Aiticlo 7. Open Meetings Law. the following is set forth: A. Correspondences - Generally All letters, memoranda, and interactive computer communication involving Town Board Members and members of advisory boards and committees, the subject of which relates to the conduct of government or the performance of any governmental function are public records. Copies of such letters, memoranda, and interactive computer communication may not be provided to the public or news media without the filing of a Freedom of Information Law request with the Town Clerk. [Need to define "interactive" computer communications.! B. Written Correspondences Written letters and memoranda received by the Town, addressed to er^the Board as a body, will be placed in the Correspondence Folder to be presented at the next Town Board meeting, and a copy kept according to the Town's Records Retention Schedule. Letters addressed to an individual member of the Board may be placed in the Correspondence Folder at the discretion of the addressee, and copies must be aiven to the Town Clerk so tlicv may be kept according to the To\\ti's Records Retention Schedule. [Also need to address correspondence sent by Town Board Members to assure the Town lias copies on file that can be produced in response to FOIL rcquests.l DRAFT - 20Q6^.>^-2Q062/2/20Q6 Town of Ithaca Protocol and Procedures Manual — 39 C. Electronic Correspondences 1. 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. 2. All messages that relate to the functional responsibility of the recipient or sender as a public official constitute a public record. Such records shall be handled as follows; • If a citizen sends an e-mail to a Board Member and requests that it be included in the record of a particular public hearing, the Board Member will forward said e-mail to the Town Clerk. [Need to address other e-mails received by Board Mcmhers, and e-mails sent by Board Members. Re: c-mails sent bv Board Members to other Board Members, Robert Freeman opines that the OML is violated where a niaiorit\' of the Board use e-mail to function or act collectively as a body and in effect vote on the matter via c-mail. You may want to add back this language from the P&P Committee's draft: "The use of e-mail communications to form a collective decision of the Board is inannropriate."! 3. E-mail should be used cautiously when seeking legal advice or to discuss matters of pending litigation or other "confidential" Town business. In general, e-mail is discoverable in litigation, and even deleted e-mail is not necessarily removed from the system. Confidential e-mail communications should not be shared with individuals other than the intended recipients, or the attorney-client privilege protecting the document from disclosure may be waived. 4. E-mail bearing the Town's "return address" will not be used for personal use. INote: red-lined version said: ^^E-mail will not be used for personal use, since Board Members' conventional c-mail addresses include the Town's 'return address.'"! 5. When an individual Board Member has completed thek^his or her term of office, staff will close out any email account. Documents belonging to the Town shall be returned to the Town Clerk for proper-fiUmgJiling. ' \ t 1 DRAFT .1 n 2()J62f^j^<2/2/2006 Town ofIthaca Protocol and Procedures Manual — 40 Chapter 7. Conflicts of Interest, Ethics Law, and Liability of Elected Officials IStiil need to review Chanter 7.1 7.01 Ethics Law - Conflicts of Interest The Ethics law is one of the most complicated laws on the books. To understand its effect on a Board Member's actions, it is suggested that members discuss the law and potential conflicts with a private attorney or the Attorney for the Town. It is imperative that Board Members identify in advance what conflicts may occur. For more complete information regarding the Town of Ithaca's Code of Ethics refer to Code of the Town of Ithaca, Chapter 32. It is illegal to fail to declare a conflict of interest, or to participate or otherwise be involved in discussions on issues or contracts where such an interest exists. Violations of the conflict of interest law may result in significant penalties, including criminal prosecution. In circumstances where only a "remote interest" (see below) exists, after disclosure of the interest to other Board Members and in the meeting minutes, the Board may approve the contract to which a Board Member has a remote interest, absent participation in the voting by the Board Member with the remote interest, but only if the Board Member refrains from any attempt to influence other members to approve the contract. A. Applicability All Town officers, elected and appointed, are subject to the conflict of interest law as specified in the Code of the Town of Ithaca, Chapter 32. B. Definition Remote Interests are so minor that they do not constitute illegal conflicts of interest. Remote interests exist when a Town official is: • a non-salaried officer or member of a nonprofit corporation doing business or requesting money from the Town. Therefore, being such an officer or member would not constitute a conflict • the landlord or tenant of a contracting party. For instance, a Board Member may lease office space to a party which has a private interest in a public matter without it resulting in a conflict of interest • the owner of less than 1 percent of the shares of a corporation or a cooperative doing business with the Town • being reimbursed only for actual and necessary expenses incurred in performance of official duties C. Acts not Constituting a Conflict ofInterest V • receiving municipal services on the same terms and conditions as if not a Town \ official. Thus, when a Board Member who owns a business within the Town votes , for or against an increase in the business license fees, a conflict would not exist because this action would apply to all businesses in the corporate limits DRAFT 2 3 '20062.'.v2()062/2/2006 Town of Ithaca Protocol and Procedures Manual -- 41 • an officer or employee of another political subdivision or public agency unless it is the same governmental entity being served who is voting on a contract or decision ' which would not confer a direct economic benefit or detriment upon the officer. Therefore, a Board Member who is a school teacher may vote to enter into an intergovernmental agreement with the school district, unless such agreement would confer some direct economic benefit, such as a salary increase, upon the Board Member • a member of a trade, business, occupation, profession, or class of persons and has no greater interest than the other members of that trade, business, occupation, or class of persons. A class must consist of at least ten members to qualify the interest as remote. A Town official may sell equipment, material, supplies, or services to the Town if this is done through an award or contract let after public competitive bidding. D. Declaration ofa Conflict When a substantial interest exists, the Town official must: 1. Refrain from voting or in any way influencing a decision of the Town Board; and 2. Declare that a conflict of interest exists and make it known in the official records of the Town. Should a situation arise wherein a majority of Board Members or a majority of a quorum of those present at a Board meeting have a substantial conflict of interest, state law provides that if the conflict of interest statutes prevent the Town Board from acting as required by law in its official capacity, such action shall be allowed if the members of the Board with the apparent conflicts of interest make them known. E. Attorney for the Town Opinions A Board Member's request for an opinion from the Attorney for the Town concerning conflict of interest is confidential. However, formal final opinions are a matter of public record and must be filed with the Town Clerk. This filing requirement does not apply to verbal communications between Board Members and the Attorney for the Town. Board Members may seek advice from a private attomey, at their own expense, concerning potential conflicts. In such cases, no disclosure policy would apply. F. Filing of Annual Disclosures The Tovm Clerk maintains a special file of annual disclosures that shall be filed by April 30**^ of each year and legal opinions of conflicts of interest. G. Prohibited Acts • No municipal officer may use his or her position to secure special privileges or exemptions for Hmself, herself, or others. • No municipal ofncer may, directly or indirectly, give or receive or agree to receive any compensation, gift, reward, or gratuity from a source except the employing municipality, for a matter connected with or related to the officer's services as such an officer unless otherwise provided for by law. • No municipal officer may accept employment or engage in business or professional activity that the officer might reasonably expect would require or induce him or her DRAFT 2o'2()062.'3 '20062/2/2006 Town of Ithaca Protocol and Procedures Manual — 42 by reason of his or her official position to disclose confidential information acquired by reason of his or her official position. • No municipal officer may disclose confidential information gained by reason of the officer's position, nor may the officer otherwise use such information for his or her personal gain or benefit. 7.02 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. Elected and appointed officials may participate in risk management training to reduce liability due to actions taken, especially in the areas of land use. DRAFT - 3 -0()62.'3 20062/2/2006 Town ofIthaca Protocol and Procedures Manual ~ 43 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 in excess of the amount specified in the notice of hearing on the preliminary budget published. Town Councilmen receive an annual salary paid out in quarterly payments. The Town Supervisor is paid an annual salary that is paid out bi-weekly. Planning and Zoning Board members receive pay quarterly based on the number of meetings they attended that quarter as allowed by Town of Ithaca Code, Chapter 20. 8.02 Health and Dental Insurance The Town provides Health Insurance for the employees, retirees and Town Board Members. A Town Councilman may enroll with the Town's Health Insurance within 30 days from taking office or annually during the open enrollment period. A Town Councilman would cost share the monthly premium at 50%/50%. A Town Supervisor that is considered full time 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 Tovyn provides Dental Insurance for the employees, retirees and Town Board Members, with all paying 100% of the monthly premium. Town Board Members are also eligible to participate in the Town's Flexible Spending Program. 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 Budget 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. 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 Electronic Media and Use 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 Tovm Clerk's staff. Board DRAFT 2 ■' 21)062 3-2-^i'<i2i'2/2006 Town of Ithaca Protocol and Procedures Manual — 44 Members are encouraged to check mailboxes often. In addition. Town staff will fax or personally deliver materials that are time-sensitive to a member's home or office, if appropriate. 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 Assistant at lhc_Public Works Facility. The meetings rooms can also be used for non-town related business.r eContact 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 (Sam - 4pm) is utilized by Town staff and the Post Office 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. Parking Map;6/13/05 Aurora Street 00 CD Planner Asst Dir Plan Sr. Typist Sr. Typist Princ. Clerk Network Recr Bookkeeper Court Clerk Court Clerk Asst Dir Eng Code Enfce Budgt Off. Env Plan Code Enf, Eng. Town Clerk Deputy Town Clerk 10 HR Temp Parking Brd Mbr/Judge Handi capped parking Reserved Designated Town Parking Spaces Town Super visor Planning (Jon) Zoning (Kristie) Zoning Eng. (Dan) Eng, Van TOWN LOADING DOCK D R I V E W A Y POST OFFICE LOADING DOCK CO DRAFT 2 3 2(Town ofIthaca Protocol and Procedures Manual -- 45 i 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, n vto wns. so v 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 www.mrsc.ors (website for Municipal Research & Services Center of Washington) [Delete the Washington URL?1 9.02 New York State Office of the Comptroller f no State Street. Albany, NY 12236 [(518)474-4044] • www, osc.state, n r. us 9.03 New York State Town Clerks Association • www.nvstca.com 9.04 New York State Department of State — Division of Local Government [(518) 473-3355] • www.dos.state.nv.us/lsss/mdex.htm 9.05 New York State Department of State - Committee on Open -Government [(518) 474-2518] Zwww.nvsica.com www.dos.state.nv.us/coos/cooswww.htmI 9.06 New York State Unified Court System 1(800)COURTNY] • www.nvcourts.gov • New York State Unified Court System Office of Court Administration 25 Beaver Street DRAFT 2 2i'ii^2/2/2006 Town ofIthaca Protocol and Procedures Manual ~ 46 New York, NY 10004 J 9.07 New York State Planning Federation [(518)270-9855] • wvvw.nvpf.org 9.08 Cornell Local Roads Program [(607) 255-8033] • www.clrp.cornell.edu 9.09 Other Reference Materials on File Other reference materials that may be of interest to Ih^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 Program • Park and Open Space Plan ^ * i S * ^ # 1 DRAFT 2o.'2()062 30oOn2/2/2006 Town ofIthaca Protocol and Procedures Manual — 47 f i j i ^ ) DRAFT 2/3/20062/3/30062/2/2006 Town of Ithaca Protocol and Procedures Manual — 48