[HISTORY: Adopted by the City Council of
the City of Lebanon 9-18-1974.[1] Amendments noted where applicable.]
[1]
Editor's Note: This resolution also provided
as follows: Resolved by the Lebanon City Council that the following
be and hereby adopted as the Rules and Regulations of the Council.”
A.
The Council shall meet in regular session on the first and third
Wednesday of every month at 7:00 p.m. until the conclusion of business
or 10:00 p.m., whichever comes first. The 10:00 p.m. adjournment shall
only be extended by a 2/3 vote of the Council.
[Amended 11-7-1979; 4-15-1992; 6-23-1993; 3-30-1994; 7-19-1995; 10-18-1995; 5-21-2003]
B.
Attendance. Prior to each meeting, unless prevented by emergency,
a Councilor shall notify either the Mayor, City Manager or City Clerk
if he or she will be unable to attend a meeting.
C.
Remote attendance. As long as a quorum of the Council is present
in person, one or more members of the City Council at the discretion
of the Mayor may participate in a meeting by electronic or other means
of communication only when attendance is not reasonably practical.
This procedure shall not be construed to mean that conferencing by
electronic means shall be regularly used or used at every meeting
of the Council but shall be used only as necessary to allow the participation
of Council members who are unable to attend in person due to such
circumstances as personal illness or disability, employment obligations,
or a family or other emergency.
[Added 6-5-2019]
(1)
Member must notify the City Manager's office at least 24 hours in
advance of the meeting, unless impractical, so that necessary communications
equipment can be arranged. Inability to make the necessary technical
arrangements may result in the inability of the member's remote attendance.
(2)
Each part of a meeting required to be open to the public shall be
audible or otherwise discernable to the public at the location specified
in the meeting notice as the location of the meeting. Each member
participating electronically or otherwise must be able to simultaneously
hear the other members physically present or participating electronically
during the meeting and shall be audible or otherwise discernable to
the public in attendance at the meeting's location.
(3)
If participation is not in person, the member must state the reason
such attendance is not reasonably practical, and that information
must be included in the minutes of the meeting.
(4)
Sufficient security and identification procedures be employed, either
at the outset of any meeting or at any time during the meeting as
appropriate, to ensure that any and all members attending for discussion
or voting purposes are in fact an authorized member with the right
to speak and vote.
(5)
The person not in attendance shall identify the persons present (if
any) in the location from which the member is participating.
(6)
If a member of the Council is participating by electronic or other
means of communication, all votes must be recorded by roll call vote.
(7)
Electronic or other means of communication can include, but due to
changing technology are not limited, to telephone/speakerphone/conference
calls and computer audio/video conferencing.
In case of the absence of the Mayor and Assistant Mayor, the
Clerk shall call the Council to order. If a quorum is found to be
present, the Council shall choose one of its members to act as Chair.
[Amended 3-30-1994; 5-16-2012]
The City Clerk or his/her designee shall be ex officio clerk
of the Council and shall keep minutes of the meeting and perform such
other and further duties in the meeting as may be ordered by the presiding
officer of Council. Copies of the minutes of meetings shall be furnished
to each Councilor with the agenda of the next meeting.
[Amended 4-18-1990]
Designated legal counsel shall attend any meetings of the Council
when requested by the Mayor or City Manager. Any member of the Council,
upon notification to the City Manager, may call upon Counsel for an
oral or written opinion to decide any question of law or parliamentary
procedure.
[Amended 2-6-1991; 7-19-1995; 4-21-2004; 6-5-2019]
Robert's Rules of Order (most recent Edition) shall be used
in all Council deliberations except as modified herein.
Councilors do not have to stand to move motion or second.
[Amended 5-7-1986; 7-19-1995; 6-3-1998; 4-18-2007; 4-15-2009]
A.
As stated in § A191-1 above, the Council shall meet in regular session on the first and third Wednesdays of every month at 7:00 p.m. Agendas for Council meetings are the responsibility of the City Manager and the Mayor.
C.
Any Councilor wishing to have an item placed on an agenda must submit
said item (in its proper format by utilizing a City Council Agenda
Request Form, provided by the City Manager's Office) to the City Manager's
Office by noon on the Tuesday preceding the Wednesday on which the
agenda is to be set.
[Amended 4-20-2011]
D.
Items of an urgent nature which require special attention or are
in need of immediate action by the Council may be placed on any agenda
at the discretion of the Mayor and/or City Manager.
[Amended 6-21-1978; 4-7-1982; 5-7-1986; 4-6-1988; 3-27-1991; 6-23-1993; 7-19-1995; 5-15-1996; 4-16-1997; 6-7-2006; 9-3-2008; 4-1-2009; 4-20-2011; 5-16-2012; 6-5-2019; 11-4-2020]
The business of all regular meetings of the Council shall be
transacted in the following order unless the Council, by a vote of
at least 2/3 of the members present, suspends the rules and changes
the order.
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1.
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Call to Order.
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2.
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Pledge of Allegiance.
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3.
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Announcement by Mayor. Public forum. "Any member of the public
who desires to speak on any agenda item may do so when the item is
taken up by the Council and will be allowed to speak on the subject
for not more than three minutes. (Note: Speakers are asked to state
their name, ward of residence and to use the microphone provided.")
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4.
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Open to public.
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5.
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Recognitions.
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6.
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Acceptance of minutes.
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7.
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Appointments.
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8.
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Public hearings.
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a.
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Presentation.
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b.
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Mayor opens public hearing.
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c.
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Questions and comments by the public.
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d.
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Mayor closes public hearing.
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e.
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Council deliberation and action.
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9.
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Old business.
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10.
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New business.
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11.
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City Manager report.
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12.
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Council representatives to other bodies report.
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13.
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Future agenda items.
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14.
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Nonpublic sessions.
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15.
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Adjourn.
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[Amended 3-1985; 4-20-2011; 5-2-2012]
On a quarterly basis, and within the months of October and November,
the City Manager shall submit a budgetary summary to the City Council.
Discussion of the summary shall be placed on the agenda of the next
Council meeting following submissions.
[Amended 7-19-1995; 5-16-2012]
A.
When a motion is made and seconded it shall be repeated upon request
by the presiding officer before debate. At his/her discretion the
presiding officer may request motions to be put in writing. A motion
may not be withdrawn by the mover without the consent of the member
seconding it and the approval of the Council.
[Amended 11-4-2020]
B.
The presiding officer may at any time, by a majority vote of the
members present, permit a member to introduce an ordinance, resolution
or motion out of the regular order.
[Amended 12-9-1992; 7-19-1995; 6-16-2004; 5-2-2012]
A.
Unattributed
communications shall not be introduced in Council meetings. Information
advocating a certain position obtained from constituent contact may
be introduced at Council meetings if the name of the source is given.
Electronic and written communications from any Councilor to four or
more members shall constitute public comment and shall be transmitted
to the City Manager's office for public record.
B.
With
the exception of the Mayor's use of City letterhead, stationery, or
official City insignia for resolutions or proclamations, members of
the City Council may only use such for purposes officially approved
by the Council.
[Amended 4-7-1982; 11-4-2020]
Persons other than members of the Council and City officers
shall be permitted to address the Council. A time limit of three minutes
shall be in effect. The speaker shall not enter into a debate with
any person, Mayor or Council member and shall speak only on a subject
on that particular agenda item.
[Amended 7-19-1995]
A.
Each
newly seated Council by motion shall formally adopt the Council Rules
and Regulations currently in place.
[Added 4-20-2011]
B.
These
rules may be amended or new rules adopted by a 2/3 vote of all members
of the Council. Any such alterations or amendments shall be submitted
in writing at the preceding regular meeting and shall be placed on
the calendar under the order of new business.
C.
These
rules may be suspended by a vote of 2/3 of those members present and
voting. The purpose for suspension must be clearly stated before the
vote is taken, and 2/3 of the members present and voting must declare
the matter one of such priority that it would be detrimental to hold
it over until the next regular meeting.
[Amended 4-20-2011]
[Amended 4-20-2011; 5-16-2012]
The Mayor shall designate and appoint representatives from the
City Council to other bodies, including City boards, committees and
commissions, as the need arises.
[Amended 11-7-1979; 8-2-1995; 9-18-1996; 5-21-2003; 4-2-2008; 5-16-2012; 12-2-2015; 6-5-2019]
A.
When vacancies occur on City boards, committees, commissions, either
by resignation, removal or lapse of term, applications received by
the City Clerk will be forwarded to the City Council in a timely manner
in order for vacancies to be filled as quickly as possible.
B.
All appointments shall be acted upon by the City Council as authorized
by the City Code, the City Charter and New Hampshire law.
C.
The following procedure will be followed for board, commission and
committee appointments and reappointments:
(1)
For initial appointment, the applicant shall fill out the standard
application form.
(2)
For reappointment, the applicant can update the current form
on file or complete a new updated application form.
(3)
One member of the City Council shall interview the applicant
within 30 days of receiving the application from the City Clerk and
report to the full Council prior to any nomination for appointment
or reappointment.
(4)
While one City Councilor is officially assigned to interview
each applicant, any City Councilor may interview any applicant for
any position to better inform their decision.
[Added 5-13-1992]
Council members shall use the process outlined on the attached
flow chart for constituent contacts.[1]
[1]
Editor's Note: The flow chart is included as an attachment to this chapter.
A.
Classification.
(1)
In the event that materials need to be classified as confidential,
a standard will be applied by the City administration to determine
if a compelling purpose exists to require that the materials be confidential
and that public disclosure of the materials would serve to undermine
the interest of the City. The City administration's determination
of confidentiality shall be made in accordance with RSA 91-A.
[Amended 5-21-2003; 4-20-2011]
(2)
Some examples where materials would be classified as confidential
would include positions in labor negotiations, personnel matters involving
a right of privacy and settlement discussions of pending litigation.
(3)
In order to ensure that the government of the City of Lebanon
conducts its affairs in public and not in private, and that the citizens'
deliberation on public affairs in Lebanon be as fully informed as
practically possible, hereby be it resolved, that the City promptly
release to the public all legal opinions received hereafter by the
City, including, but not limited to, memoranda from any legal counsel
to the City, and opinions received by the City in private consultation
with legal counsel (as allowed under RSA 91-A:2, Meetings Open to
Public, I(c), Consultation with legal counsel), except that the following
shall only be released at the discretion of the City Manager and City
Council:
[Added 5-15-2002]
(a)
Opinions pertaining to the dismissal, promotion or compensation
of any public employee or the disciplining of such employee, or the
investigation of any charges against the employee.
[Amended 4-1-2009]
(b)
Opinions pertaining to the hiring of any person as a public
employee.
(c)
Opinions which, if released to the public, would likely affect
adversely the reputation of any person other than a City Councilor.
[Amended 4-1-2009]
(d)
Opinions pertaining to the consideration of the acquisition,
sale or lease of real or personal property which, if released to the
public, would likely benefit a party or parties whose interests are
adverse to those of the City.
(e)
Opinions pertaining to the consideration or negotiation of claims
or litigation which has been threatened in writing or filed against
the City.
(f)
Opinions pertaining to matters before quasi-judicial boards
of the City.
(g)
Opinions which, in the judgment of the City Manager and City
Council, could potentially cause harm to the City if released.
B.
Treatment of classified materials. When materials are classified
as confidential, they will be identified and marked as "Confidential"
and transmitted to the City Council in sealed envelopes marked as
"Confidential." The reason for the confidential classification will
be noted on the materials.
C.
[1]In the event that a significant portion of a document may be made available to the public without compromising the portions of a document which are necessary to be maintained as confidential in accordance with Subsection A of this policy, then such portion(s) shall be made available to the public with only the confidential portion(s) classified.
[Amended 6-19-1996; 5-21-2003; 4-20-2011]
[1]
Editor's Note: Former Subsection C, Declassification of confidential
materials, was repealed 6-20-2012. Said amendment also redesignated
former Subsection D as Subsection C.
[Added 4-20-2011[1]]
A.
Any Councilor
who wishes to attend (at the expense of the City) a seminar, workshop,
or other function designed to improve their ability to serve on the
City Council (or their respective board, committee, or commission)
must first confirm with the City Manager that funds are available
for use. If funding is in place, the following options are available:
[Amended 11-4-2020]
B.
If Option
(2) is exercised, reimbursement is only guaranteed if confirmation
of funding was requested in advance of attending and proper documentation,
according to the City's Purchasing Policy, is submitted with the reimbursement
request.
[1]
Editor’s Note: This amendment also repealed former §§
A191-20, Ordinances and resolutions, and A191-21, Expense policy,
added 3-19-1975.
[Added 7-11-2018]
All City Councilors will be provided with City-issued email
addresses and computer devices to assist them in their capacity as
elected officials. Use of City email addresses and/or computer devices
is not mandatory. Councilors who elect to utilize City email addresses
and/or computer devices must comply with and sign an acknowledgement
form for compliance with any City computer use and cyber security
policies.
