WHEREAS, Town Law §63 allows the Town Board to adopt Rules of Procedure (the “Rules”); and

WHEREAS, the Town Board has heretofore adopted such rules and subsequently amend­ed same; and

WHEREAS, the Town Board wishes to further amend the Rules as follows (the “Amendment”):

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TOWN BOARD

RULES OF PROCEDURE

 

Article 1: Declaration of Intent

 

It is the intent of this Town Board that its meetings and public hearings be conducted in as efficient a manner as practicable. It is also this Town Board’s intention that participants recognize the importance of the business being conducted, and the importance of basic courtesy, respect and decorum in the Board’s proceedings. These Rules of Procedure are intended to encourage efficiency and courtesy in the conduct of the business of the people of this Town.

 

 

Article 2: Definitions

 

For the purposes of this resolution,

 

 

A.        “Calendar” means a list or schedule of resolutions or other legislative items for consideration or disposition, or an agenda.

 

 

B.        “Members” means members of the Town Board, comprising the Town Supervisor and the Council members.

 

C.        “Reserve decision” means to refrain from taking a final vote or other disposition on a proposal until a future date.

 

 

D.        “Town Board” means the Town Supervisor and the Council members.

 

 

E.         “Town Law” means the New York State Town Law.

 

 

F.         “Urgent or of an emergency nature” means a pressing or critical situation that poses or may pose an immediate risk to, or have an immediate negative impact upon, health, life, safety, property, economy, environment or Town governance requiring prompt action or attention.  For purposes of this definition, a resolution approving the action of a fire company to add to, or remove from, membership shall be deemed urgent.

 

 

Article 3: Scope

 

These Rules of Procedure shall apply to all meetings and public hearings of the Town Board and of all special districts or other bodies for which the Town Board serves as Commissioners, Directors or Trustees.

 

Article 4: Conditions of Meetings and Hearings

 

A.        Location of Meetings. All meetings and public hearings of the Town Board shall, unless otherwise specified in public notices, be held in the Main Hearing Room on the second floor of Town Hall, 220 Plandome Road.  By a majority vote, and with appropriate public notice, the Town Board may designate alternative meeting and public hearing locations within the Town, or use videoconferencing when authorized by local law adopted by the Town Board and in accordance with Section 103-a of the Public Officers Law, or authorize meetings to be held remotely by conference call or similar service when authorized by New York State law. 

 

 

B.        Time of Meetings. Meetings and hearings of the Town Board, unless otherwise specified in public notices, shall begin at 7:00 p.m. Special or emergency meetings may be scheduled between 8:00 a.m. and 8:00 p.m.

 

 

C.        Time limits of Meetings. In the event that a public hearing continues beyond 12:00 midnight, the Board shall reserve decision, unless by majority vote the Town Board determines that delay is not in the public interest.

 

 

D.        Quorum. Four or more members of the Town Board, present at a meeting or hearing, constitute a quorum. If no quorum is present, no official votes on any resolution or local law may be taken, and the meeting may be adjourned on the motion of one member of the Town Board.

 

 

E.         Actions. No action, resolution, local law or ordinance shall be adopted without the affirmative vote of a majority of Members then in office.

 

 

Article 5: Organization of the Town Board

A.        If present, the Supervisor shall preside at all meetings and hearings of the Town Board. If the Supervisor is absent, the Deputy Supervisor shall preside. If both the Supervisor and the Deputy Supervisor are absent, the members present shall select by majority vote a presiding officer for the meeting or hearing. The Supervisor may, in the course of a meeting or hearing, temporarily designate another Member as acting presiding officer.

 

 

B.        During meetings or hearings, the Town Attorney or his/her designee shall act as counsel to the Town Board and as Parliamentarian. 

 

C.        (1)       During meetings or hearings, the Town Clerk shall act as secretary of the Town Board.

 

 

(2)       Notwithstanding any other responsibilities pursuant to state law, the Town Clerk shall be responsible for keeping summary minutes, including a written record of all proceedings and votes, and for maintaining and publishing such records. The minutes shall be made available to the public by the Town Clerk within seven calendar days of any meeting or hearing.

 

 

(3)       A certified stenographic reporter shall be present to record a precise transcript of all proceedings. The transcript shall be made available to the public by the Town Clerk within twenty-one calendar days of any meeting or hearing.

 

 

Article 6: Calendar of the Town Board

 

A.        The Town Attorney shall be responsible for preparation of the Calendar of each Town Board meeting. The Calendar shall include all items properly submitted to the Town Attorney in accordance with this Article.  Each item on the Calendar shall include a “synopsis” of the item’s effect in plain English, where the caption is not otherwise clear.

 

 

B.        Members wishing to place resolutions or other legislation on a Town Board Calendar shall submit a memorandum in writing, electronically through the agenda management system utilized by the Town, to the Town Attorney or the Town Attorney’s designee wi­th appropriate descriptions and support materials attached.  The memorandum shall include a suggested “synopsis” for the calendar which explains in plain English the effect of the proposal.  Such memorandum shall be submitted not later than 5 p.m. on the fourteenth calendar day prior to a scheduled Town Board meeting.  Applications for approval of a site plan must demonstrate compliance with the Long Island Workforce Housing Act, where applicable.

 

The Town Attorney shall prepare in proper form for consideration by the Town Board any resolution or other legislation submitted in such manner. 

 

 

If a proposed item is not in proper form, or if the submission is otherwise insufficient, the Town Attorney’s office shall notify the Member making the proposal in writing within three business days of its receipt by the Town Attorney as to the nature of the deficiency and, upon request, shall assist said Member in making the necessary corrections.

 

 

C.        No resolution or other legislation shall be placed on the Calendar of any meeting without the written request of a Member.

 

 

D.        No item calling for the expenditure of Town funds shall come before the Town Board for consideration until it shall have been approved as to available funds by the Town Comptroller or his or her designee. If the position of Town Comptroller is vacant, the Acting Town Comptroller will be authorized to provide such approvals.

 

D E.     Members, and their designees, shall be notified contemporaneously upon the submission of each and every item submitted through the electronic agenda management system.  Members, and their designees, shall at all times have equal and unrestricted access to view all Calendars and all backup materials for any prior or future meeting of the Town Board, including draft Calendars.  No Member or their designee shall have access to the electronic agenda management system that is not the same as any other Member.  Only the Town Attorney or his/her designee shall have the authority to delete Calendar items.

 

E F.     Not later than 5PM on the third calendar day^[1] prior to a scheduled meeting, the Town Attorney shall make available to each Member and the Town Clerk, the Calendar in its final form, together with all backup materials, and a copy of each resolution or other legislation which has been placed on a Calendar, except that a proposed Local Law must be placed on the desk of each member not less than seven (7) calendar days, exclusive of Sunday, prior to its final passage or otherwise delivered to each of the Members in accordance with Municipal Home Rule Law Section 20(4).

 

 

F G.     The Member who submitted the written request that a resolution or other legislation be placed on the Calendar may withdraw the request and remove the item from consideration at any time prior to the call to order of the meeting. The Supervisor will announce the change in the Calendar at the appropriate time pursuant to Article 7.

 

G H.    Urgent or Emergency Matters.

 

 

(1)   Additional resolutions or legislation considered urgent or of an emergency nature may be added to the Calendar after 5 p.m. on the fourteenth calendar day prior to a scheduled Town Board meeting, but prior to the Calendar being publicly posted, in the following manner:

 

 

(a)        If the resolution is to schedule a matter for a Public Hearing at a future date or to approve the action of a fire company to add to, or remove from, membership, it may be added by any Member; or

 

 

            (b)        All other resolutions may be added only at the request of the Supervisor or two Members of the Town Board. 

 

 

            The request shall be submitted in writing, electronically through the agenda management system, and shall identify the Member(s) making the request, together with an explanation identifying the urgent or emergency nature. Such resolutions or legislation will be added at the end of the Calendar.

 

 

(2)   Once a regular meeting Calendar has been publicly posted, additional resolutions or legislation considered urgent or of an emergency nature (also referred to as an “added starter” resolution) may be added to the Calendar after the Calendar is publicly posted, including after commencement of any meeting, by the Town Supervisor or by a majority vote of the Town Board, only in an extraordinary circumstance, provided that no local law may be adopted by emergency by the Town Board except in accordance with Municipal Home Rule Law Section 20(4). Added resolutions or legislation will be added to the end of the Calendar. Except where impracticable, a resolution or legislation sought to be added to the Calendar under this section shall be distributed to all Members, the Town Clerk and the Town Attorney, not later than three hours prior to the scheduled start of the Town Board meeting.

 

 

The request shall be submitted in writing, electronically through the agenda management system, and shall identify the Member(s) making the request, together with a statement identifying: (i) the urgent or emergency nature.; and (ii) the extraordinary circumstance.  As used in this section, “extraordinary circumstance” shall mean a circumstance where the sponsoring Member could not anticipate or foresee the need for the added starter resolution prior to the Calendar being publicly posted.

 

H I.      The Town Attorney is authorized to recommend specific guidelines, requirements or formats for requests that a resolution or other legislation be placed on the Calendar.  Any such guidelines, requirements or formats shall be described in writing and shall apply to all Members.

 

Article 7: Order of Business

 

Unless suspended or changed, without debate, by a majority vote of the Members, the following shall be the order of business of meetings:

 

 

A.        Call to order by the Supervisor or acting presiding officer

 

 

B.        Recital of the Pledge of Allegiance to the flag

 

 

C.        Roll Call of Members by Town Clerk to determine attendance and quorum

 

 

D.        Announcements and Special Presentations

 

 

E.         Public Comments       

 

 

F.         Announcement of changes in the Calendar

 

G F.     Disposition of the Calendar, which shall be arranged in the following order:

 

 

                        i.          Site plan review business

 

                        ii.         Public Hearings.

 

                        iii.        Resolutions Administrative Calendar.

                        iv.        Other hearings.       

                                        

 

H G.  Adjournment

 

 

I H.      Additional Public Comments, if any

 

Article 8: Motions and Proceedings

 

A.        The vote on every question shall be by “ayes” and “noes.” An abstention, silence or absence shall not be considered either an affirmative or a negative vote for the purposes of determining the final vote on a matter. A Member may pass his or her vote once per question and will be called on again after the voting order is completed. When polled by the Town Clerk, voting shall be done in council district order with the Supervisor being polled last.

 

 

B.        The names of the Members present and their votes upon every question shall be entered in the minutes and transcripts of the Town Board.

 

 

C.        The following motions shall be received by the Supervisor or acting presiding officer, and these motions shall have precedence in the order stated:

 

 

1.         For an adjournment of the meeting or hearing, or to continue a hearing past midnight.

 

2.         For a Call of the Town Board (a roll call to determine attendance or quorum).

 

3.         To temporarily suspend the Rules of Procedure.

 

4.         To change the arrangement of the Calendar  To call an item out of order.

5.         To enter an Executive Session, pursuant to the Open Meetings Law.

 

6.         To recess the Town Board temporarily.

 

7.         To lay on the table (to temporarily place a matter aside) or to take from the table

 

8.         To postpone to a certain day (to reserve decision). or)                     

 

9.         Refer a resolution or other legislation to a Committee of the Board, consisting of not less than one nor more than three Members for a period not to exceed ninety (90) days.  Said Committee shall report its findings to the Board in writing at least seven calendar days before a scheduled Town Board meeting within the aforemen­tioned ninety day period and the resolution or legislation shall be placed on the calendar of the next scheduled Town Board meeting after said report is made to the Members. The Committee shall be appointed by a majority vote of the Town Board as part of the motion to Refer.

 

10.       For the previous question (to call for a vote on the matter under consideration).

 

11.       To amend.

 

 

D.        A motion to reconsider a vote may be made only during the same meeting on which the vote proposed to be reconsidered was taken. A motion to reconsider may be made under any order of business. This subsection shall not be deemed to limit the authority of the Town Board, at a subsequent meeting, to pass a resolution rescinding or modifying any previous resolution.

 

 

E.         Neither debate, nor a motion to reconsider, shall be entertained for any motion to adjourn, for a Call of the Town Board, to lay on the table, to take from the table, or for the previous question.

 

 

F.         Except as otherwise required by law, any rule of the Town Board may at any time be temporarily suspended for special reasons by a majority vote of all of the Members of the Town Board.  Whether “special reasons” present themselves is to be decided on a case-by-case basis and shall be stated on the record prior to voting on a motion to suspend the rules. No permanent alteration may be made except, in writing, by resolution of the Town Board, duly filed prior to the meeting in accordance with these rules.

 

 

Article 9: Conduct of Meetings

 

A.        The Supervisor shall maintain order at Town Board meetings.

 

 

B.        The Town Clerk shall call the items on the agenda in numerical order. The Supervisor may, in her or his discretion, direct the Town Clerk to call an item out of order. A Member may make a motion requesting that the Town Clerk call an item out of order. Upon a majority vote of the Town Board, that item shall be heard out of order.

 

B C.     No member of the public shall be permitted to address the Town Board unless recognized by the Supervisor or acting presiding officer.

 

 

C D.     Persons addressing the Town Board shall address their remarks to the Town Board only, and not to other members of the audience in the form of a debate.

 

 

D E.     Persons addressing the Town Board, including during public comment or when commenting on resolutions or legislative proposals, shall state their name and home community, and shall state their business or question within three (3) minutes. The Supervisor may allow a speaker to continue if time permits.  Members of the public shall not cede their time to any other member of the public except at the discretion of the Supervisor.

 

E F.     Members of the public shall be permitted to address the Town Board regarding any resolution or other legislative proposal then under consideration, after Members have had a chance to address questions or comments on the proposal. For resolutions not subject to a public hearing, the Supervisor may limit the number of such questions or comments.

 

 

F G.     Speakers who wish to submit documents to the Town Board for consideration during a Public Hearing shall provide a copy of the document to the Town Clerk who shall mark each of the documents with the date of the meeting, the agenda number, the name of the speaker and if more than one document is submitted, each document shall be itemized “Name of Speaker- document 1" etc.

 

 

G H.    For regularly scheduled meetings, there may be a period of public comment not exceed­ing 30 minutes in duration, except that the Supervisor, in his/her discretion, may extend such time limitation.  This period of public comment shall occur prior to the announce­ment of changes in the Calendar, if any, or disposition of the Calendar.  After adjourn­ment, there shall be an additional period of public comment, the duration of which shall be determined by the Supervisor. Subject to the requirements of Article 9, Paragraph D, members of the public shall be permitted to address the Town Board on any subject not on the Calendar or under consideration at that meeting or hearing. No stenographic transcript of this public comment period is required.

 

I.          Consent Calendar. Upon the consent of all Members, any number of resolutions may be called as a group. If there are public comments relating to resolutions on the Consent Calendar, the Town Clerk shall call residents to speak in the order that resolutions appear in the agenda. The Town Clerk shall call for one (1) vote adopting or denying the items on the Consent Calendar. At the request of any Member, any item on the Consent Calendar shall be voted upon separate from the other items on the Consent Calendar.

J.         Members of the public wishing to speak on any item included on the Administrative Calendar shall be subject to the requirements of Article 9, Paragraphs D & E.

 

H K.    The Town Board may invite and permit residents of the Town or other guests to partici­pate in a meeting.

 

 

I L.      The Supervisor may designate an area or areas of the meeting room to be reserved for special guests, for witnesses, or for the news media.

 

 

J M.     The use of handheld sound or video recording devices by the public is allowed, unless the recording devices or their use interrupt and interfere with the orderly conduct of the meeting or with the ability of the public to hear or see the proceedings.