CHAPTER 2 -
PROCEDURES OF GOVERNING BODY
Article
I - Meetings
Section 2-1 Regular Meetings..............................................................................................
Section 2-2 Special Meetings...............................................................................................
Section 2-3 Emergency Meetings.........................................................................................
Section 2-4 Continued or Recessed Meetings......................................................................
Article
II - General Meeting Procedures
Section 2-6 Agenda.............................................................................................................
Section 2-7 Order of Business.............................................................................................
Section 2-8 Presiding Officer..............................................................................................
Section 2-9 Quorum.............................................................................................................
Section 2-10 Taking Official Action....................................................................................
Section 2-11 Debate............................................................................................................
Section 2-12 Voting.............................................................................................................
Section 2-13 Adoption of Ordinances..................................................................................
Section 2-14 Executive Sessions..........................................................................................
Section 2-15 Public Hearings..............................................................................................
Section 2-16 Minutes...........................................................................................................
Article III - Motions
Section 2-21 Substantive and Procedural Motions..............................................................
Section 2-22 Motion to Amend.............................................................................................
Section 2-23 Motions to Dispose of Issue Without Deciding Merits.....................................
Section 2-24 Motions to Revive or Reconsider an Issue......................................................
Section 2-25 Reconsideration of Matters Disposed of on the Merits...................................
Section 2-26 Motion to Terminate Debate...........................................................................
Section 2-27 Miscellaneous Motions...................................................................................
Article
IV - Miscellaneous
Section 2-31 Qualifications for Office.................................................................................
Section 2-32 Appointments..................................................................................................
Section 2-33 Reference
to Robert’s Rules of Order.............................................................
Article
I - Meetings
The Board shall hold a regular meeting on the second Tuesday of each
month unless that day is a legal holiday, in which case the meeting shall be
held at the call of the Board. The
regular meeting shall be held at the town hall and shall begin at such times as
the Board shall establish and publish in conformity with the Open Meetings
Law. [Amended
September 24, 1990]
(A) A special meeting is any
non-emergency meeting of the Board held at any time other than that specified
in Section 2-1.
(B) The mayor, the mayor pro
tempore, or any two members of the Board may at any time call a special meeting
by signing a written statement stating the time and place of the meeting and
the subjects to be considered.
(C) Notice of the meeting shall
be given to Board members as provided in this subsection. Preferably forty-eight hours, but not less
than six hours before the meeting:
(1)
Written notice shall be delivered personally to each Board member; or
(2) If
notice cannot be personally delivered, notice may be left at the Board member's
usual place of dwelling. In this event,
the town clerk shall make every reasonable effort to contact the Board member
by telephone.
(D) Special meetings may also be
held when all Board members are present and consent thereto or when those not
present have signed a written waiver of notice, provided that the notice to the
media required by subsection (E) is given.
(E) The town clerk shall give
notice of a special meeting to the public and the media, at least forty-eight
hours before the meeting by:
(1)
Posting a notice of the time and place of the meeting on the town's
principal bulletin board; and
(2)
Mailing or delivering notice of the meeting to each of the media who has
requested it in accordance with the Open Meetings Law; and
(3)
Mailing or delivering notice of the meeting to any person who has filed
with the clerk a written request for it in accordance with the Open Meetings
Law.
(F) Only those items of business
specified in the notice may be transacted at a special meeting unless all
members are present or have signed a written waiver of notice.
(A) An emergency meeting is a
meeting of the Board called because of generally unexpected circumstances that
require immediate consideration.
(B) The mayor, the mayor pro
tempore, or any two members of the Board may at any time call an emergency
meeting by signing a written statement stating the time and place of the
meeting and the subjects to be considered.
(C) Notice of the meeting shall
be given to Board members in the same manner as notice of special meetings.
(D) Emergency meetings may also
be held when all Board members are present and consent thereto and when those
not present have signed a written waiver of notice, provided that the notice to
the media required by subsection (E) is given.
(E) The town clerk shall give
notice of an emergency meeting to each of the media who has requested it in
accordance with the Open Meetings Law.
This notice shall be given either by telephone or by the same method
used to notify Board members and shall be given immediately after the notice
has been given to those members.
(F) Only business connected with
the emergency may be transacted at an emergency meeting.
(A) By majority vote the Board
may continue or recess any regular, special, or emergency meeting to any place
and time specified in the motion to continue or recess the meeting.
(B) No further notice need be
given of any continued or recessed session of a meeting set in accordance with
subsection (A).
Section 2-5 Reserved.
(A) Preparation. The clerk shall prepare the agenda for the
meeting.
(B) Requests to be Placed
on Agenda. A request to have any
item of business placed on the agenda must be received by the clerk in
sufficient time so that the agenda may be printed and distributed in accordance
with subsection (E) of this section, and to this end the clerk may establish an
appropriate deadline to receive such requests.
(C) Requests to Address Board. Any individual or group that wishes to
address the Board shall make a request to be on the agenda to the clerk. However, the Board shall determine at the
meeting whether the individual or group will be heard by the Board.
(D) Contents. The agenda shall include, for each item of
business placed on it, as much background information on the subject as is
available and feasible to reproduce.
Whenever possible a copy of all proposed ordinances shall be attached to
the agenda and distributed simultaneously.
(E) Inspection and Distribution. Copies of the agenda and attachments shall be
available for public inspection as soon as they are completed. To the extent feasible, the clerk shall mail
or deliver copies of the agenda and attachments to the Board members in
sufficient time to ensure that they are received prior to the meeting. Additional copies of the agenda may be
available for the press and interested members of the public.
(F) Additions. The Board may, by consensus or majority vote
of the Board membership, add an item of business that is not on the
agenda. Unless otherwise specified by
the Board, additions to the agenda shall be taken up at the conclusion of all
other regular business.
(A) Items of business shall be
taken up at a meeting in the order that they appear on the agenda, except as
provided in subsection (D).
(B) Items shall be placed on the
agenda according to the "Order of Business" established by the Board
upon recommendation of the manager.
(C) In establishing the
"Order of Business”, the Board may authorize broad categories of business
to be included as agenda items, such as “members of the public wishing to be
heard", or "matters by the manager", or “matters by the
attorney".
(D) Items may be considered out
of order by consent of all members present or by majority vote upon a motion.
(A) The mayor shall preside at
meetings of the Board, except as provided in subsection (C). A member must be recognized by the mayor in
order to address the Board.
(B) As presiding officer, the
mayor shall have the following powers, in addition to those conferred elsewhere
in this chapter:
(1) To
rule motions in or out of order, including the right to rule out of order any
motion patently offered for obstructive or dilatory purposes;
(2) To
determine whether a speaker has gone beyond reasonable standards of courtesy in
his remarks and to entertain and rule upon objections from other members on
this ground;
(3) To
entertain and answer questions of parliamentary law or procedure, subject to
being overruled by a two-thirds vote of the membership of the Board;
(4) To
call a brief recess at any time;
(5) To
adjourn in the event of an emergency.
(C) If the mayor becomes
actively engaged in debate on a particular proposal, he may delegate the duty
to preside over the debate to the mayor pro tempore or to any other member of
the Board who is not so engaged and who acquiesces in the delegation. The temporary chairman may only preside over
the debate and may not participate in it; however, he does not forfeit his
right to vote on the issue by acting as temporary chairman. The chairman shall resume the duty to preside
as soon as action upon the matter is concluded.
A majority of the actual membership of the Board plus the mayor,
excluding vacant seats, shall constitute a quorum. A quorum is necessary for the Board to take
any official action. A member who has
withdrawn from a meeting without being excused by majority vote of the
remaining members present shall be counted as present for purposes of
determining whether a quorum is present.
(A) The Board shall proceed by
motion. A motion, when duly seconded,
brings the matter before the Board for its consideration.
(B) A motion may be withdrawn by
the introducer at any time prior to a vote if the member who seconded the
motion concurs.
(C) Subject to Section 2-13 and
other provisions of law, official action of the Board shall be by majority
vote.
(A) Once a motion has been
stated and seconded, the mayor shall open the floor to debate upon it. The mayor shall preside over the debate
according to the following general principles:
(1)
The member who makes the motion is entitled to speak first;
(2) A
member who has not spoken on the issue shall be recognized before someone who
has already spoken;
(3) To
the extent possible, the debate shall alternate between proponents and
opponents of the measure.
(A) Once a member is physically
present at a Board meeting, any subsequent failure to vote shall be recorded as
an affirmative vote unless the member has been excused from voting in
accordance with subsection (B) or has been allowed to withdraw from the meeting
in accordance with subsection (C).
(B) A member may be excused from
voting on a particular issue by majority vote of the remaining members present
if the matter at issue involves that member's own financial interest or
official conduct.
(C) A member may be allowed to
withdraw from the entire remainder of a meeting by majority vote of the
remaining members present for any good and sufficient reason other than the
member's desire to avoid voting on matters to be considered at that meeting.
(D) A motion to allow a member
to be excused from voting or excused from the remainder of the meeting is only
in order if made by or at the initiative of the member directly affected.
(E) A roll call vote shall be
taken upon the request of any member.
(F) When this chapter specifies
that action shall be taken by majority vote or fails to specify the vote
required, that shall be interpreted to mean a vote of the majority of those
present and not excused from voting.
When a two-thirds vote is required, that shall be interpreted to mean a
vote of two-thirds of those present and not excused from voting. When a vote of a certain percentage of the
Board membership is required, that shall be interpreted to mean the specified
percentage of all seats on the Board, excluding vacant seats.
(A) An affirmative vote equal to
a majority of all the members of the Board not excused from voting on the
question in issue (including the mayor's vote in case of an equal division)
shall be required to adopt an ordinance or take any action having the effect of
an ordinance.
(B) Subject to the provisions of
Chapter 159 of the General Statutes (Local Government Finance), no ordinance nor any action having the effect of any
ordinance may be finally adopted on the date on which it is introduced except
by an affirmative vote equal to or greater than two-thirds of the Board
membership. When an ordinance requires
a public hearing, the ordinance shall be considered introduced at the meeting
when the Board sets a date for the public hearing. If a proposed ordinance or other action
having the effect of an ordinance fails to receive the four votes required for
passage on the date it is introduced, it shall be carried over until the next
meeting unless it is rejected by a majority of the Board membership.
(C) Franchise ordinances and
amendments shall not be finally adopted until passed at two regular meetings of
the Board.
The Board may hold executive sessions in accordance with the Open
Meetings Law (Article 33C of Chapter 143) and other provisions of law. The Board shall commence an executive session
by a majority vote to do so and shall terminate an executive session in the same
manner. Minutes shall be kept of executive
sessions but may be withheld from public inspection so long as public
inspection would frustrate the purpose of the executive session.
(A) Except as otherwise provided
in this code, public hearings required by law or deemed advisable by the Board
shall be scheduled pursuant to a motion adopted by a majority vote setting
forth the subject, date, place, and time of the hearing as well as any rules
regarding the length of time of each speaker and other matters regarding the
conduct of the hearing.
(B) At the appointed time the
mayor shall call the hearing to order and then preside over it. Upon the expiration of the allotted time, or
when there are no individuals who wish to speak who have not done so, the mayor
shall declare the hearing ended.
(C) A quorum of the Board shall
be required at all public hearings required by state law.
Minutes shall be kept of all meetings of the Board.
Sections 2-17 through 2-20
Reserved.
(A) A substantive motion is a
motion that seeks to have the Board exercise any of its powers, duties, or
responsibilities. A motion to amend a
substantive motion is also a substantive motion. A substantive motion, other than to amend, is
out of order while another substantive motion is pending.
(B) A procedural motion is a
motion that relates either to the manner in which the Board conducts its
business in general or the manner in which the Board deals with a particular
substantive issue or substantive motion that is before it.
(C) Unless otherwise
specifically provided, all motions authorized by this article may be amended
and debated.
(A) An amendment to a motion
must be germane to the subject matter of the motion, but it may achieve the
opposite effect of the motion.
(B) There may be an amendment to
the motion, and an amendment to an amendment, but no further amendments.
(C) Any amendment to a proposed
ordinance shall be reduced to writing upon the call of any member.
(A) Motion to Defer Consideration
Until a Date Certain. This
motion requires that a date be set when without further action by the Board a
matter will again be placed on the agenda.
(B) Motion to Defer Consideration
Indefinitely. Adoption of this
motion removes the issue from the Board's consideration until such time as a
motion to revive consideration is adopted [see Section 2-24(A)] or a new motion
dealing with the same issue is introduced and seconded [see Section 2-25 (A)].
(C) Motion to Refer to a Committee. Unless this motion includes an instruction to
report the matter back by a date certain or unless a motion is adopted under
Section 2-24(B), a matter referred to a committee remains there until returned
to the Board by the committee.
(A) Motion to Revive Consideration of
an Issue. Adoption of this
motion brings an issue back before the Board for its consideration, regardless
of whether the issue had been deferred indefinitely or to a date certain.
(B) Motion to Recall an Issue from Committee. Adoption of this motion may bring a matter
immediately before the Board, or the motion may direct a committee to report an
issue back to the Board by a date certain.
(C) Motion to Reconsider a Vote. This motion may be made only at the meeting
at which the vote in question was taken and only by a member who voted with the
prevailing side. If adopted, the effect
is to negate the earlier vote and then bring the matter back before the Board
as if the earlier vote had never taken place.
(A) Renewal of Motions. A motion that is defeated may be renewed at
any subsequent meeting unless a motion has been adopted in accordance with
subsection (B).
(B) Motion to Prevent Reconsideration
for Six Months. This motion is
in order immediately following the defeat of a substantive motion and at no
other time. It requires a two-thirds
vote for adoption. A matter concerning
which this motion has been adopted may be brought before the Board prior to the
expiration of six months pursuant to a vote to suspend the rules. This motion does not bind a new Board.
A motion to call the previous question is a motion to cut off debate on
a matter under consideration and put the matter to a vote. This motion shall be in order at any time,
but unless each Board member present has had an opportunity to speak at least
once on the issue, the motion requires a two-thirds vote for adoption. This motion is not debatable and may not be
amended.
(A) In addition to others
authorized by this article, the following motion shall be in order:
(1)
Divide a complex question and consider it by paragraph.
(2) Suspend
the rules. This motion shall require a
two-thirds vote for adoption.
(3)
Take a recess.
(4)
Adjourn. This motion may not be
amended.
Sections 2-28 through 2-30
Reserved.
Upon the motion of any member, the Board shall determine the
qualifications of any member. Any office
may be declared vacant by majority vote of the Board membership if the member
fails to meet any of the statutory or constitutional requirements of office.
(A) Unless the Board agrees by
consensus to follow another procedure, the Board shall use the following procedure
to appoint individuals to various subordinate boards and offices:
(1)
The mayor shall open the floor to nominations, whereupon the names of
possible appointees shall be put forward by the members and debated. Upon the conclusion of the debate, the mayor
shall propose each name in alphabetical order, and the members shall cast their
votes.
(2) If
only one appointee is to be selected, the voting shall continue until one
nominee receives a majority of the votes cast, whereupon he shall be
appointed.
(3) If
more than one appointee is to be selected, then each member shall have as many
votes as there are slots to be filled. A
member must cast all of his votes, and cast them for different nominees. The nominees receiving the highest number of
votes shall be appointed.
Robert’s Rules of Order shall govern all procedural matters not
addressed by the provisions of this chapter.
However, no action taken by the Board shall be invalidated by a failure
to abide by Robert's Rules of Order.