HomeMy WebLinkAboutLL#1 of 2024 Amend Town Code Ch. 7 - Committees1
LOCAL LAW NUMBER #1 OF 2024
A LOCAL LAW OF THE TOWN OF LANSING TO AMEND THE CODE OF THE
TOWN OF LANSING. CHAPTER 7: BOARDS, COMMISSIONS AND
COMMITTEES
The Town Board of The Town of Lansing, New York, pursuant to a Resolution dated March 20,
2024, does hereby adopt and pass this Local Law Number #1 of 2024, and therefore, be it so
enacted as follows:
SECTION 1 – AUTHORITY: This local law is adopted pursuant to the powers granted by the
Town Law of the State of New York and Municipal Home Rule Law § 10, which authorize the
Town of Lansing to adopt local laws providing for the governance of town affairs.
SECTION 2 – PURPOSE: The purpose of this local law is to provide guidance to and manage
town committees, working groups, commissions, and like administrative and advisory groups in
order to provide for regularity and compliance with the Open Meetings Law (“OML”) and
Freedom of Information Law (“FOIL”), as well as to provide more accountability, continuity,
productivity, and transparency to and for committee operations.
SECTION 3 – ADOPTION OF TOWN CODE CHAPTER 7, ARTICLE II: Town Code Chapter
7 is amended by adding the following Article II, entitled “Town Board Operating Rules,” as
follows:
§ 7-20 Procedural Rules of the Lansing Town Board - The following procedural and
other rules shall apply to proceedings and matters before the town board:
A. The supervisor shall preside over all meetings of the town board and shall preserve order
and decorum in meetings and all deliberations and debates. Likewise, the supervisor shall
preside over all public hearings and instruct all persons addressing the town board to
state their names. In the supervisor’s absence the deputy supervisor shall preside. When
desired or needed, the supervisor shall read into the record the rules for public speech
and attendance during public meetings and public hearings, as adopted by the town
board and amended or updated from time to time.
B. The Supervisor shall prepare an agenda for every meeting in consultation with the
department heads, the town clerk, and the town board. A majority vote of the town board
may amend the agenda at any time. The supervisor, immediately following the opening
of every regular meeting of the town board, shall proceed to the regular order of town
business. It takes a majority vote of the town board to close a meeting.
C. Robert’s Rules of Order (for deliberative assemblies, current edition), as amended herein,
are followed, however: (i) voting shall be in alphabetical order (by last name) with the
supervisor voting last; and (ii) the technical formalities of the parliamentary process shall
be dispensed of unless formal request is made for formal procedure by a majority of the
town board upon good cause shown and demonstrated. No vote of suspension shall
extend beyond the subject matter then under consideration, nor form meeting to meeting.
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D. The town board shall set a schedule of regular meetings for the year at its organization
meeting in January. Special meetings will be noticed and held as needed.
E. The public will be given the opportunity to address the town board at its regular meetings
for up to three minutes per person, with a 20-minute maximum per meeting, unless the
town board shall by majority vote terminate or extend such session or the time allotted to
all persons. Such shall be known as the “privilege of the floor” and should be observed
near the beginning of every regular town board meeting. Immediately after the public
comment period, each town board member will be given two minutes to respond to public
comment(s). The post public-comment discussion will be limited to the members of the
town board unless the town board waives this rule by majority vote. These same rules
apply to the public’s right to speak during public hearings, except that no time is reserved
for town board members to reply and any replies or discussions shall occur after the close
of the public hearing.
F. Every resolution or motion must be seconded before being put to discussion or a call for
a vote by the supervisor. The lack of a second removes the matter from the agenda and
further consideration at that meeting. All resolutions or motions shall be recorded in their
entirety in the official minutes of the town board. The supervisor may offer or second a
resolution or a motion and need not relinquish the chair for such purpose.
G. No motion or resolution may be added to the agenda except by the majority consent of
those present. In each such case compliance with Open Meetings Law (“OML”) § 103 is
required relative to any documents, and electronic, printed, or typewritten copies thereof
shall have been presented to each member of the town board at least 48 hours prior to the
opening of the meeting at which such motion or resolution is offered. Emergency items
that come up within the 48-hour timeframe require a 2/3 supermajority of the town board
voting in the affirmative in order to pass or be adopted.
H. No board member shall speak more than once on any question until every board member
choosing to speak shall have spoken. There is no limit to the number of times a board
member may speak upon a question, but motions to close discussion may be made and
seconded at any time and shall be voted upon immediately after each board member has
had one minute to address this special motion before the matter is voted upon. No
additional time may be allotted to discussion or debate over this special motion, and if
adopted the discussion upon the underlying matter shall terminate and the vote shall be
immediately called.
I. No motion shall be made to offer any amendment to an amendment already before the
town board on any proposition.
J. A majority of the entire town board shall constitute a quorum.
K. Any person speaking to the town board shall address their remarks to the town board as
a whole, not to staff, individual board members, other members of the audience nor
person(s) not in attendance. No member of the public or speaker shall engage in any
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demonstration, booing, hand clapping or otherwise disrupt the formality of a town board
meeting.
L. Vacancies upon statutory and governmental bodies (as defined below), including the
Planning Board, the Zoning Board of Appeals, the Conservation Advisory Council, and
the Board of Ethics will be advertised and posted by the town clerk's office in the same
manner as applicable to special meetings. The town board may appoint less than a
quorum of its members to participate in the formulation of questions, the interview
process, and the discussion of candidates. The head of the department that works most
closely with the body with such vacancy may participate in the formulation of questions,
the interview process, and the discussion of candidates. The board in question may
appoint less than a quorum of its members who may participate in the formulation of
questions, the interview process, and the discussion of candidates. Prior to appointment
the town board shall refer the name and application materials of each candidate to the
applicable body that has a vacancy for comment and advice as to such appointment.
M. If any of the above stated rules are or at any time come in conflict with New York State
statutory or regulatory law or any guidance from the New York State Attorney General
or Committee on Open Government that is mandatory in nature, or any order from a court
or tribunal of record, then that statute, regulation, guidance, or order shall take
precedence over this chapter.
SECTION 4 – ADOPTION OF TOWN CODE CHAPTER 7, ARTICLE III: Town Code Chapter
7 is amended by adding the following Article III entitled “Classification and Operating Rules
for Committees, Commissions, Councils, and Related Working Groups.” For purposes of this
chapter, all boards, councils, commissions, committees, working groups, and like types of groups
shall be hereafter referred to as an “agency,” or as “agencies.”
§ 7-30 General Rules and Classifications of Agencies – The interplay of the OML and
the Freedom of Information Law (“FOIL”) with differing types of committees and
governmental bodies varies considerably based upon the powers and authorities of such
agency, its governmental purposes, whether it is created, authorized, or required under state
statutes, whether it is purely advisory, or of a mixed advisory and governmental nature. The
following classifications and rules are intended to guide agencies by making definitive
classifications and requiring that the town board duly classify and charge each new, reformed,
or extended agency. As to these agencies generally, the following rules and sections of this
Article III shall apply:
A. Any matter of duties, obligations, tasks, or assignments not addressed or otherwise
governed or limited by this chapter may be addressed by the town board by resolution.
Likewise, any procedural or reporting requirements not otherwise governed or limited by
this chapter or the OML may be addressed by the town board by resolution.
B. Whenever a report, minutes, or any other documents or updates are required to be
delivered monthly, it means that the same are due on or before the last day of each month.
Whenever a report, minutes, or any other documents or updates are required to be
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delivered quarterly it means that the same are due before the last day of March, June,
October, and December, annually.
C. The town board shall not appoint any elected official to be a participating member of any
statutory board or commission. Nor shall the town board appoint a person to be a
participating member of more than one statutory board or commission at the same time.
Further, these same appointment/membership restrictions shall apply to the Agriculture
and Farmland Protection Committee (AFPC) and the Water, Sewer, and Stormwater
Committee (WSSC).
§ 7-31 Statutory and Governmental Bodies - Statutory and Governmental Bodies are
agencies allowed, mandated, or created by state or local law, or by other legislation or order
of the town board. In addition to any such statutory or regulatory requirements as may
pertain to these agencies, the following provisions shall govern and guide the operations and
functions of statutory and governmental bodies in the town.
A. Members of statutory and governmental bodies may not serve upon any other statutory
and governmental body or upon the town board. Nor may any such member serve any
other agency whenever the body to which such person is appointed may regularly or
foreseeably receive referrals and input from, or be asked to render advisory options to,
such other agency, or when incompatibility of offices, duties, or positions is either
indicated or arises. In all cases and situations, conflicts of interest, bias, and appearances
of conflicts or biases, shall be avoided, including by recusal when necessary.
B. Liaisons to statutory and governmental bodies, and from any statutory and governmental
bodies to any other body or agency, shall be permitted only upon the approval thereof by
the town board. In all cases, the sole role of a liaison shall be to inform and report on
matters relating to the body the liaison is a member of when requested by the agency
being served by such liaison. Notwithstanding the foregoing, the board of ethics shall
have no liaisons associated with its operations.
C. Statutory and governmental bodies shall hereafter select from among their own members
(but not from among any alternate members) their own chairpersons and vice
chairpersons. If these boards have not annually submitted any such designations on or
before January 1, then the town board shall appoint a chairperson and vice chairperson.
To the extent this rule varies any state statute, such as but not limited to the rules of Town
Law §§ 64, 267 and 261 or General Municipal Law § 239-x, those provisions are expressly
superseded by and under the authority of the Municipal Home Rule Law, including §
10(1)(ii)(d)(3) therein.
D. Unless the New York State Town Law or Public Officers Law requires otherwise, the town
board shall have the power, after public hearing, to remove any member of any statutory
and governmental body for cause, or for failing to comply with the minimum meeting
attendance (if any) or training requirements (if any) established by law, by town policy,
or by town board resolution.
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E. Statutory and governmental bodies are prohibited from creating their own committees
and subcommittees, but they may petition the town board for the same and, if so
approved, the town board shall then create such committee, classify it under Town Code
Chapter 7, make appointments, charges, and general rules for tasks and governance not
otherwise set forth in this chapter. Members of subcommittees (if any) may be removed
with or without cause at any time by majority vote of the town board.
F. The chairperson of each statutory and governmental body shall prepare an agenda for
every meeting in consultation with its members and the head of the town department that
works most closely with that statutory and governmental body. A majority vote of each
such body may amend the agenda at any time. Minutes shall be kept of all meetings and
decisions, a quorum shall be required for any action, and all matters requiring approval
or assent shall be formally voted upon by ayes and noes. All Agendas, minutes, and like
materials shall be posted upon the Town’s website, all meetings must be properly
scheduled, advertised, and noticed, and all records of proceedings shall be filed with the
Town Clerk to meet archiving, record keeping, and FOIL requirements.
G. Statutory and Governmental Bodies are subject to the OML and may, in accordance
therewith, conduct proper closed and executive sessions.
H. Unless otherwise provided by the town board, actual costs will be reimbursed by the town
upon presentation of the proper supporting documentation and verification that such
expense is within budget allocations for the applicable statutory and governmental
bodies.
I. The following agencies shall be statutory and government bodies for the purposes of this
chapter:
1. Planning Board.
2. Zoning Board of Appeals.
3. Conservation Advisory Council.
4. Board of Ethics.
§ 7-32 Standing and General Committees – While standing and general committees can
take various forms, these agencies are classified as standing committees due to their purposes
being somewhat perpetual in nature. For example, towns always have laws and codes, capital
and budgetary concerns, personnel and civil service matters, and technological and
cybersecurity matters to address or consider. The purposes of these committees are to thus
take a closer look at specific, ongoing policies and operations of the town that often arise in
day-to-day administration, such as revisions to the town code, capital planning, water and
sewer modifications, drainage districts and stormwater planning, personnel, and operations,
etc. The following provisions shall govern and guide the operations and functions of standing
and general committees in the town.
A. The existence of standing and general committees is not guaranteed, and the town board
may amend or terminate any of these committees at any time by resolution; and the town
board may likewise re-form or create new committees by resolution.
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B. Membership on these committees shall consist of such town employees or officers as the
town board may determine, and membership may further include non-town affiliated
persons who have specific skills in the areas served by these committees. Vacancies will
be recruited and appointed by the town board and recruitment will be based on specific
skills needed to fulfill the charge of the committee. All appointments are for one year and
are generally made in the town’s organizational resolutions. Absent resignation, or the
termination of such committee, appointees serve until reappointment or until their
successor is appointed. Standing and general committee members serve at the pleasure of
the town board and may be removed by the town board at any time with or without cause
by majority vote of the town board.
C. Standing and general committees shall select from among their own members (but not
from among any alternate members) their own chairpersons and vice chairpersons. If
these committees have not annually submitted any such designations on or before January
1, then the town board shall appoint a chairperson and vice chairperson.
D. Liaisons to these committees shall be permitted only upon approval thereof by the town
board. In all cases, the sole role of a liaison shall be to inform and report on matters relating
to the body the liaison is a member of, when requested by the agency being served by
such liaison. In all cases and situations conflicts of interest, bias, and appearances of
conflicts or biases, shall be avoided, including by recusal when necessary.
E. Each standing and general committee shall be responsible and report to the town board,
and the duties and tasks of each such committee shall be set by the town board from time-
to-time by referral or resolution. The chairperson of each such committee shall prepare an
agenda for every meeting and a majority vote of such committee may amend the agenda
at any time. Minutes shall be kept of all meetings and decisions, a quorum shall be
required for any action, and all matters requiring approval or assent shall be formally
voted upon by ayes and noes. All agendas, minutes, and like materials shall be filed with
the Town Clerk.
F. Standing and general committees are prohibited from creating their own subcommittees,
but they may petition the town board for the same and, if approved by resolution, the
town board shall then create such subcommittee and make appointments, charges, and
general rules for tasks and governance not otherwise set forth in this chapter. Unless
stated otherwise in any formative resolution or code, these subcommittees shall follow
the same general rules as the committee it serves under, and members of subcommittees
may be removed with or without cause at any time by majority vote of the town board.
G. Standing and general committees are generally interagency entities doing non-final day-
to-day administrative work, they undertake drafting preliminary and non-final policies
and documents for approval by the town board (or other statutory and governmental
bodies), and they do not undertake to create, approve, implement, or enforce town policy,
or exercise legislative, budgetary, or supervisory authority, such that they are not
generally subject to the OML. In the event that any matter comes before a standing and
general committee that causes any inquiry as to the meaning or application of the OML,
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the chairperson shall refer the matter to the town supervisor for directions or instructions,
including as may be provided from municipal counsel, counsel for the committee on open
government, or from other advisors that the town supervisor shall then select.
H. Unless otherwise provided by the town board, actual costs will be reimbursed by the town
upon presentation of the proper supporting documentation and verification that such
expense is within budget allocations for such committee.
I. The following agencies shall be standing and general committees for the purposes of this
chapter:
1. Information and Technology Committee.
2. Capital Planning Committee.
3. Operations and Code Revision Committee.
4. Water, Sewer, and Stormwater Committee.
5. Personnel Management Committee.
6. Agriculture and Farmland Protection Committee.
§ 7-33 Project and Working Groups - From time-to-time issues and matters affecting or
before the town may require in-depth investigation and the study of certain matters by
people with particular knowledge about, expertise upon, or insights into specific issues or
land areas. Said matters may be of a recurrent nature, constitute quality of life concerns, be
project-based, or of a singular nature. As the town board may not have the time or
knowledge to attend to such matters as needed or desired, the town board may periodically
create and dissolve project and working groups and make appointments thereto, adopt rules
of procedure there for, and assign duties and charges to such groups by resolution. Project
and working groups shall study and make recommendations to the town board regarding
matters designated or referred by the town board, but in all cases such groups shall limit
their activities to be in alignment with instructions and charges from the town board,
including those as remove certain matters from the consideration or scope of such group’s
work. The following provisions shall govern and guide the operations and functions of
project and working groups in the town.
A. There is no guarantee of the continuance of any project or working group, or of
reappointments thereto, and the number of members of, and appointments to, any such
group will be determined in January of every year by the town board. The town board
shall also at such time appoint chairperson(s) and vice chairperson(s) for such group, if
any, but if a particular project or working group is assigned to work closely with any
particular town department then the department head shall be appointed as chairperson.
Membership and vacancies will be recruited and appointed by the town board and
recruitment will be based on specific skills needed to fulfill the charge of the committee.
B. Liaisons to these groups shall be permitted only upon the approval thereof by the town
board. In all cases, the sole role of a liaison shall be to inform and report on matters
relating to the body the liaison is a member of when requested by the agency being
served by such liaison. In all cases and situations, conflicts of interest, bias, and
appearances of conflicts or biases, shall be avoided, including by recusal when necessary.
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C. Every project or working group shall be responsible and report to the town board, and
the duties and tasks of each group shall be set by the town board from time-to-time by
referral or resolution. Group members serve at the pleasure of the town board and may
be removed by the town board at any time, with or without cause by majority vote of the
town board.
D. The chairperson of each such group shall prepare an agenda for every meeting and a
majority vote of such group may amend the agenda at any time. Minutes shall be kept of
all meetings and decisions, a quorum shall be required for any action, and all matters
requiring approval or assent shall be formally voted upon by ayes and noes. At least
monthly, the chairperson shall transmit minutes to the town board, and the group shall
prepare and transmit a quarterly report to the town board on the status and progress of
the group respecting its charges and referred work. If the group issues a “final report” to
the town board and the town board accepts and approves the same as a final report, the
group shall be automatically dissolved upon such acceptance unless the town board
specifically provides otherwise. All records shall be given to Town Clerk for record-
keeping purposes.
E. Project and working groups are prohibited from creating their own subcommittees, but
they may petition the town board for the same and, if approved by resolution, the town
board shall then create such subcommittee and make appointments, charges, and general
rules for tasks and governance not otherwise set forth in this chapter. Unless stated
otherwise in any formative resolution or code, these subcommittees shall follow the same
general rules as the group it serves under. Members of subcommittees may be removed
with or without cause at any time by majority vote of the town board.
F. Project and working groups are generally interagency entities doing non -final day-to-
day administrative work, they undertake drafting preliminary and non-final policies and
documents for approval by the town board (or other statutory and governmental bodies),
and they do not undertake to create, approve, implement, or enforce town policy, or to
exercise legislative, budgetary, or supervisory authority, such that they are not generally
subject to the OML. In the event that any matter comes before a project or working group
that causes any inquiry as to the meaning or application of the OML, the chairperson
shall refer the matter to the town supervisor for directions or instructions, including as
may be provided from municipal counsel, counsel for the committee on open
government, or from other advisors that the town supervisor shall then select.
G. Unless otherwise provided by the town board, actual costs will be reimbursed by the
town upon presentation of the proper supporting documentation and verification that
such expense is within budget allocations for such committee.
H. Currently there are two such groups functioning in the town—the Highway Building
Working Group and the Parks, Recreation and Trails Working Group. The listing of these
groups does not make them a standing or general committee or a statutory or
governmental body, nor does such listing guarantee their continuance or prevent other
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or new agencies or persons from assuming some or all of the responsibilities or duties of
such groups.
SECTION 5 – SAVINGS AND SEVERANCE: The invalidity or unenforceability of any section,
subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections as
declared by the valid judgment of any court of competent jurisdiction to be unconstitutional must
not affect the validity or enforceability of any other section, subsection, paragraph, sentence,
clause, provision, or phrase, which must remain in full force and effect.
SECTION 6 – CODIFICATION: This local law and its amendments to Chapter 7 of the Town
Code shall be incorporated into the Town Code, and the incorporator may designate such new
section and numerical headings, or other indexed references, as make for a coherent Town Code,
sequentially numbered or marked. Nothing in this local law is intended to disrupt or affect the
existing Town Code, except to the extent any existing code provision is herein expressly
superseded or repealed. All other provisions of the Town Code are hereby reaffirmed and
continued in force and effect, and the codification of these amendments shall follow the
procedure for amending the code as set forth in the code or the Town’s local laws, including but
not limited to Local Law #2 of 2022.
SECTION 7 – EFFECTIVE DATE: This local law shall take effect immediately.