Town of Agawam, MA
Hampden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Agawam 4-21-2015 by TR-2015-16.[1] Amendments noted where applicable.]
Attachment 1 - Schedule A
[1]
Editor's Note: This resolution also superseded former Ch. A184, Council Rules and Regulations, adopted 12-20-1999 by TR-99-28, as amended.

§ A184-1 Rule 1: Authority.

Pursuant to Section 2-7(c) of the Charter in the Code of the Town of Agawam, the City Council may determine its own rules of procedure for meetings. The following set of rules shall be in effect upon their adoption by the City Council and until such time as they are amended or new rules are adopted.

§ A184-2 Rule 2: Regular meetings.

A. 
All regular meetings of the City Council shall be held on the first and third Mondays of the month except for the months of July and August where it shall be held only on the first Monday of those months. If the regularly scheduled City Council meeting falls on a holiday, the Council shall meet on the following day. In October and November, the City Council shall have its meeting the day immediately following any local, state or federal election day.
B. 
The regular City Council meetings shall commence at 7:00 p.m. and not adjourn until such time as the business of the Town of Agawam is completed.
C. 
The regular City Council meetings shall be held in the Auditorium of the Roberta G. Doering School located at 68 Main Street, Agawam, Massachusetts, unless otherwise noted and properly posted.
D. 
Except for executive sessions as permitted by state law, all regular meetings of the City Council and its committees shall be open to the public, subject to recording by various means by prior arrangement with the Council President, provided that such arrangements do not interfere with the orderly conduct of the meetings and are done under such rules as the Council may prescribe.

§ A184-3 Rule 3: Special meetings.

A. 
As stated in the Charter, the Council President, or the Mayor, or any five members of the Council may call special meetings of the Council whenever, in their opinion, the public business may require it.
B. 
Whenever a special meeting shall be called, a notice in writing, signed by the Council President or presiding officer, shall be posted in the City Clerk's office and served upon each member of the Council stating the date and hour of the meeting and the purpose for which such meeting is called, and no business shall be transacted at the meeting except such as is stated in the notice.
C. 
No special meeting, except an emergency meeting as determined by the Council President, shall be held until notice complying with the Open Meeting Law[1] has been given by the Council Administrative Assistant at least 48 hours after the call is issued.
[1]
Editor's Note: See MGL c. 30A, § 18 et seq.
D. 
Executive sessions shall be held in accordance with the provisions of the Open Meeting Law.

§ A184-4 Rule 4: Election and duties of the presiding officer.

A. 
After a new City Council has been sworn in, a new Council President and Vice President shall be elected during the first meeting in January. The President and Vice President shall serve a one-year term.
B. 
The first meeting in January after a new Council has been sworn in shall be known as the organizational meeting, where the only business conducted shall be the election of President and Vice President. The position of President and Vice President shall be listed individually on the Council agenda and require a majority vote of the full Council for election. On the off year, the first meeting in January shall include regular Council business along with the elections for President, Vice President, Auditor and Administrative Assistant, which shall require a majority vote of the full Council for election.
C. 
The Councilor with the most seniority on the City Council shall sit to the left of the President. The senior Councilor shall also chair the organizational meeting prior to the election of the President and Vice President. After election of officers, the Vice President shall sit to the right of the newly elected Council President and the senior Councilor shall sit to his/her left.
D. 
The seats of the City Council shall be numbered and determined by lot at the organizational meeting and at the first meeting in January thereafter. No member shall change his/her seat except by permission of the President.
E. 
The duties of the presiding officer where applicable shall be in accordance with Robert's Rules of Order.
F. 
During the absence or disability of the President, the Vice President shall discharge the duties and exercise the powers and authority of the President. In the absence of both the President and Vice President, the senior Councilor shall preside. Said Council member shall discharge the duties and exercise the powers and authority of the President.
G. 
In the event the President or Vice President of the City Council resigns or is called upon to act as Mayor in a permanent fashion, the City Council will hold elections to determine a new President and/or Vice President.
H. 
The President shall preserve order and decorum at all regular and special meetings of the City Council and confine members in debates pertaining to the question under discussion.
I. 
The President shall sign all ordinances, resolutions and measures adopted by the Council during his/her presence. In the event of the absence of the President, the presiding officer shall sign ordinances, resolutions and measures as then adopted.
J. 
When the President wishes to participate in a debate, he/she may call upon the Vice President or, in his/her absence, the senior Councilor to temporarily chair the meeting in order to take part in the debate. After expressing his/her opinion on the issue, he/she may return to the chair if not objected to by the majority of the Council present.
K. 
All rules and regulations of the City Council shall be given to every newly elected City Councilor within two weeks of the date of his/her election.
L. 
The President shall be classified as the department head of the Legislative Branch and is responsible for any and all administrative decisions and actions with respect to the City Council and its personnel. Those administrative duties and responsibilities shall include the approval of all payroll warrants, and the approval of accounts payable warrants and requests for payment in amounts less than $200. Any accounts payable warrant or request for payment in excess of $200 shall require approval by vote of the Council.

§ A184-5 Rule 5: Call to order.

A. 
The presiding officer shall take the chair at the hour appointed for the meeting and shall immediately call the Council to order.
B. 
In the absence of the President and the Vice President, the senior Councilor is to preside as temporary Chair; and upon the arrival of the President or Vice President, the temporary Chair shall immediately relinquish the position of the presiding officer upon the conclusion of the business item immediately before the Council.

§ A184-6 Rule 6: Rules of order.

The City Council rules and regulations shall govern the proceedings of the Council in all cases, unless they are in conflict with the Town Charter or Massachusetts General Laws, in which case the Charter and/or Massachusetts General Law shall have precedence.

§ A184-7 Agenda review.

Prior to any regular or special City Council meeting, the Mayor may conduct an agenda review meeting to review the Council agenda with the Council President and/or Council Vice President. No more than three other City Council members may also attend said agenda review meeting, on an alternative rotating basis. Attendance at any one agenda review meeting shall not exceed five City Council members, including the Council President and Council Vice President.

§ A184-8 Rule 8: Quorum.

A majority of the members of the City Council shall constitute a quorum and be necessary for the transaction of business. If, at the time any meeting is called to order, a quorum is not present and if, after a recess of not more than 30 minutes, a quorum is still not present, the President shall declare the meeting adjourned to a later time and those in attendance shall be named.

§ A184-9 Rule 9: Committee appointments.

After the organizational meeting and annually thereafter, all subcommittees shall be appointed and announced by the President unless otherwise provided for or specifically directed by the City Council. Any member shall have the right to appear before any subcommittee of the City Council and be heard. The Chairperson of any subcommittee may cancel a scheduled meeting for cause; otherwise, the senior member by length of service shall preside at the scheduled subcommittee meeting. The Chairperson shall assign the task of secretary to a subcommittee member to take minutes at any such subcommittee meeting.

§ A184-10 Rule 10: Standing subcommittees.

A. 
The members of the standing subcommittees listed below shall serve annually, and each subcommittee shall be charged with the mission statement enumerated below. The Council President or presiding officer shall refer agenda items to the appropriate subcommittee for review. (See Rule 22.) The subcommittee shall provide verbal reports to the Council as a whole and keep written minutes of its meetings. These minutes shall be submitted to the Council Administrative Assistant in a timely manner. (See Rule 20B.)
B. 
The Council President and Council Vice President shall be ex-officio members of all standing subcommittees for purposes of establishing a quorum at any subcommittee meeting.
C. 
The Council shall have the following five-member standing subcommittees:
(1) 
Finance Subcommittee: This subcommittee would be charged with reviewing financial and budget requests submitted to the Council, including funding requests pursuant to the Community Preservation Act.[1] In addition, the subcommittee would be responsible for submitting Council requests for inclusion in the Town's operating and capital improvement budgets, and for review of the capital improvement budget presented by the Mayor to the Council.
[1]
Editor's Note: See MGL c. 44B.
(2) 
Legislative Subcommittee: This subcommittee would be charged with reviewing and initiating ordinances and legislation to be considered by the Council, including zoning ordinances.
(3) 
Community Relations Subcommittee: This subcommittee would be charged with handling internal relations between the Council and the other Town departments, and external relations with the business community and the citizenry as a whole.
(4) 
Administrative Subcommittee: This subcommittee would be charged with Council administrative duties such as review of license applications, street acceptance and sewer expansion. In addition, the subcommittee would be responsible for initiating and reviewing any reorganization efforts.

§ A184-11 Rule 11: Decorum.

A. 
While the Council is in session, the members must preserve order and decorum, and no member shall, neither by conversation nor otherwise, delay or interrupt the proceedings or the peace of the Council or disturb any member while speaking or refuse to obey the orders of the Council or its presiding officer, except as otherwise herein provided.
B. 
Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the Council shall be asked to remove himself or herself from Council Chambers, forthwith, by the presiding officer.

§ A184-12 Rule 12: Enforcement of decorum.

A. 
At the will of the presiding officer, the Chief of Police, or such member or members of the Police Department as he may designate, shall be Sergeant-at-Arms of the City Council meetings. He/she or they shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the City Council meeting.
B. 
Upon instructions of the presiding officer, it shall be the duty of the Sergeant-at-Arms to remove any person(s) who violates the order and decorum of the meeting.

§ A184-13 Rule 13: Rights and duties of Council members.

A. 
The members' right to speak shall be in accordance with Roberts' Rules of Order. Any Council member shall have the right to have the reasons for his/her dissent from, or protest against, any action of the Council entered into the minutes.
B. 
In the event the President wishes to speak on the subject matter of an issue or article of legislation before the full Council, the President shall turn such Council meeting over to the Council Vice President while the President is so addressing the Council. The President shall resume the Chair after his/her presentation.

§ A184-14 Rule 14: Policies related to City Council personnel.

A. 
The City Auditor and Council Administrative Assistant.
(1) 
The salary and benefits for the City Auditor and Administrative Assistant are set forth in the Code of the Town of Agawam.
(2) 
The City Auditor and the Administrative Assistant to the City Council shall have their performance evaluated annually by the City Council.
(3) 
The City Council shall elect the City Auditor and Administrative Assistant to the City Council as set forth in Rule 4 above. This will allow the Council to have one year's worth of experience to adequately evaluate said employees' performance.
B. 
The Zoning Board of Appeals and the Community Preservation Act Committee are also elected by the City Council.

§ A184-15 Rule 15: Filing deadline.

No new item may be included on a regular City Council agenda unless said item is submitted to the Administrative Assistant to the City Council in writing by Thursday, 12:00 noon, prior to the next regularly scheduled meeting of the City Council. At the time of submission of any item of business for the Council agenda, the person or persons proposing the measure shall submit supporting information or documentation sufficient to specify the nature of the business to be considered by the City Council. Without such backup information, the item may not be allowed on the City Council agenda. In the event a City Councilor is unable to submit a proposed item personally, he or she can authorize the Administrative Assistant to the City Council to submit the item by telephone message or e-mail. The Administrative Assistant to the City Council shall compile an agenda of all such proposed resolutions, orders, ordinances and other new business along with the agenda of the old business items remaining before the City Council and shall see that a copy of the completed agenda is delivered to each member of the City Council. The Administrative Assistant to the City Council shall include the name of the member or members proposing an item of agenda. Any orders, resolutions and ordinances shall reflect their origin and may be sponsored by the Mayor or by any member of the City Council.

§ A184-16 Rule 16: Form of reports.

All reports and other papers submitted to the City Council shall be in writing, properly endorsed, and all the appropriate supplemental information attached thereto. If such reports, documents or papers submitted shall be solely for the City Council, they should be clearly labeled "Council Only."

§ A184-17 Rule 17: Order of business.

A. 
At every regular City Council meeting, unless otherwise determined by a majority of the members present, the order of business shall be as follows:
Item 1
Roll call
Item 2
Moment of silence and the Pledge of Allegiance
Item 3
Citizen's speak time
Item 4
Approval of minutes
Item 5
Declaration from Council President
Item 6
Presentation of petitions and memorials
Item 7
Reports of Council committees
Item 8
Elections
Item 9
Public hearings
Item 10
Old business
Item 11
New business
Item 12
Any other matter that may legally come before the City Council
B. 
No person shall address a public meeting of the City Council without permission of the presiding officer after having signed up for Citizen's Speak Time prior to the meeting, and all persons shall, at the request of the presiding officer, be silent. If, after warning from the presiding officer, a person persists in disorderly or disruptive behavior, said officer may order him/her to withdraw from the meeting and, if he/she does not withdraw, may order a police officer or any other person to remove him/her to some convenient place until the meeting is adjourned.

§ A184-18 Rule 18: Roll call; order of vote.

The order of voting shall be by roll call in alphabetical order. The first to vote shall be determined by alphabetical order rotation at the beginning of each regular or special meeting. This order shall start from the beginning alphabetical order at the first meeting in January. If a Councilor is not present during the City Council meeting at which his/her position is the first to vote, then said Councilor shall forgo his/her opportunity to vote in the first position. The next meeting's voting order will begin with the next Councilor following the alphabetical order.

§ A184-19 Rule 19: Citizen's speak time.

The Agawam City Council shall provide a citizen's speak time during each regular City Council meeting. Citizen's speak time is subject to the following conditions:
A. 
After being recognized by the Council President or presiding officer, the person shall state his/her name, address and subject he/she wishes to speak on for the record.
B. 
Speak time shall be only at the regular meetings of the City Council.
C. 
Each speaker shall have up to five minutes, if needed, to present the subject of his or her concern, unless otherwise permitted by the Council President and/or a majority of the Council members present.
D. 
The time shall be kept by the Council Administrative Assistant.
E. 
No speaker will be allowed to bequeath time to another or for another speaker.
F. 
Prior to the meeting, each speaker must show his or her desire to speak by giving name, address and the subject to be presented on a signup sheet which is provided for this and is placed upon the podium where the person shall speak. At two minutes prior to the beginning of the Council meeting, the Council Administrative Assistant shall bring this list to the President or presiding officer. Once the meeting has commenced, no person shall be able to speak during citizen's speak time unless his/her name is on the signup sheet.
G. 
There shall be no dialogue exchanged between the citizen and any City Council member. This is for citizen input only.
H. 
The City Council President or presiding officer of the meeting shall maintain order and decorum.
I. 
Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the Council shall be asked to remove himself or herself from Council Chambers, forthwith, by the presiding officer.
J. 
If a speaker wishes to speak on an item of agenda where a public hearing is scheduled during the Council meeting, his/her remarks shall be made during the public hearing and not during citizen's speak time.

§ A184-20 Rule 20: Minutes.

A. 
All regular City Council meetings are recorded by both video and audio means, and the City Council Administrative Assistant shall prepare written minutes that reflect the date, time and place of the meeting, a list of the members present or absent, and the decisions made and actions taken including a record of all votes. Said written minutes shall also include a summary of the discussions on each subject and include a list of the documents and other exhibits used at the meeting. These minutes shall be distributed to the City Council to be approved at the next regularly scheduled Council meeting. After approval, said minutes shall be posted on the Town of Agawam website as well as posted in the office of the City Clerk in compliance with Massachusetts General Laws governing public meetings.
B. 
Minutes of all special meetings and subcommittee meetings shall be maintained in written form. The subcommittee Chairperson shall designate a recording secretary from its committee members. The minutes shall be submitted to the City Council Administrative Assistant in a timely manner prior to the next regularly scheduled City Council meeting. The minutes shall reflect:
(1) 
The date, time and place of the meeting;
(2) 
The members recorded as either present or absent;
(3) 
A general description of all matters proposed, discussed or decided; and
(4) 
A record of any votes or recommendations taken. (See Rule 22.)
C. 
Minutes of all executive session meetings shall not be available to the public until such time as the City Council determines that it is no longer necessary to protect the public interest or the privacy of the matter on which it met or such matter has been released by the courts.
D. 
Copies of all minutes shall be kept in the office of the City Council, and any video/audio recordings shall also remain in the Council office for public review. A copy of the video may be requested in writing, and there may be a fee for costs associated with the copying of said video assessed to the person(s) requesting it.

§ A184-21 Rule 21: Presentation of petitions and memorials.

A. 
Resolutions, petitions, etc., or subjects requiring action by the Council under this agenda item may be introduced and sponsored by a member of the Council or the Mayor.
B. 
All resolutions shall be presented to the Council in typewritten form.
C. 
All resolutions shall first appear under new business and at the next regularly scheduled meeting of the City Council shall be moved to old business upon which a discussion will be had and action of the City Council shall be taken.

§ A184-22 Rule 22: Referral to subcommittees.

A. 
When an order, resolution or ordinance relates to a subject which should properly be examined and reported upon by a standing subcommittee of the City Council, such order, resolution or ordinance shall, upon presentation, be referred by the Council President to such committee and must be reported back by the committee. All petitions, memorials, communications or any other matter before the City Council may be referred as follows:
(1) 
To a standing subcommittee of the City Council.
(2) 
To a special committee of the City Council.
(3) 
To the Mayor.
(4) 
To boards or commissions.
B. 
Any matter may be referred to an ad hoc committee, advisory committee or Board for advice sought by the City Council.
C. 
Should a matter be referred to more than one subcommittee, it is recommended that those committees have one or more joint meetings of the Chairpersons or the full committee to assure the information brought before the full Council is unified or any discrepancies between subcommittees clearly noted, all following the guidelines of the Open Meeting Laws.[1]
[1]
Editor's Note: See MGL c. 30A, § 18 et seq.
D. 
After referral, it is the discretion of the subcommittee Chairperson to determine if a meeting of the subcommittee is necessary. If a subcommittee meeting is held, the subcommittee may take a vote for a recommendation to the full Council on each item on the agenda.
E. 
The Chairperson of the subcommittee is responsible for notifying the City Council Administrative Assistant to schedule the subcommittee meeting and specify any department heads and/or other persons of interest to be invited to the meeting.

§ A184-23 Rule 23: Elections.

The City Council appoints vacancies on the Zoning Board of Appeals as well as the Community Preservation Act Committee. When a vacancy arises or a term expires, the Council Administrative Assistant is responsible for contacting, in writing, the person(s) and getting a letter of intent on whether he/she wishes to be reappointed to that position. If a person wishes to resign from the position, notification must be submitted in writing to the City Council office. Vacancies shall be advertised in the local newspaper. An election shall take place in a timely fashion with the item(s) being placed on the Council agenda for a vote of the Council.

§ A184-24 Rule 24: Public hearings.

A. 
A legal notice of public hearing must be advertised in a local newspaper no less than 14 days prior to the suggested date of the public hearing [as stated in Section 5-2(a) of the Town Charter]; and, if necessary, abutters shall also be notified with a legal notice of public hearing. Proponents and opponents shall be allowed time for the presentation of their respective cases to the City Council during all public hearings before the City Council.
B. 
All public hearings will be subject to the following conditions:
(1) 
Each speaker has up to 10 minutes, total, if needed, to present the subject of his or her concern, both for and against the subject matter on hand.
(2) 
Time limits may be shortened and/or extended by a majority vote of Council members present at the meeting.
(3) 
Questions by members of the City Council shall be allowed after the speaker has completed his/her presentation.
(4) 
No speaker will be allowed to bequeath time to another or for another speaker.
(5) 
Any person shall have the right to be recorded for or against the subject being heard.
(6) 
After close of all hearings, no further evidence, oral or written, may be presented.
(7) 
The City Council President or presiding officer of a hearing shall preserve order and decorum.
(8) 
Any person shall be allowed to address the City Council only once on any given subject or topic being heard unless the City Council has a question of that person and he/she may be asked to return to the podium.
C. 
No person shall address a public meeting of the City Council without permission of the presiding officer or having signed up for citizen's speak time prior to the meeting, and all persons shall, at the request of the presiding officer, be silent. If, after warning from the presiding officer, a person persists in disorderly or disruptive behavior, said officer may order him/her to withdraw from the meeting and, if he/she does not withdraw, may order a police officer or any other person to remove him/her to some convenient place until the meeting is adjourned.

§ A184-25 Rule 25: Old business.

Old business first appears as new business and then is moved to old business. Any resolutions or petitions will appear under Item 6 of the Council agenda, "Presentation of Petitions and Memorials." Any public hearing items will appear under Item 9, "public hearing," and any ordinances or Town orders (such as financial transfers) shall appear under Item 10, "Old Business." All items can be acted on in one meeting, except ordinances, which shall require two readings, therefore requiring the item to appear at least twice under old business.

§ A184-26 Rule 26: New business.

A. 
New business is classified as any resolution, ordinance, petition, public hearing notice, Town order, etc., which must be submitted to the City Council office by 12:00 noon on the Thursday prior to the next regularly scheduled City Council meeting. Any letters or written explanation providing backup to the agenda item must be included. These must also have an originally signed copy by the Mayor, Auditor or City Solicitor, depending on the type of item.
B. 
If the item appears as new business suggesting a public hearing date, the presiding officer will declare the suggested date to ensure availability of the Council.

§ A184-27 Rule 27: Ordinances.

A. 
All ordinances shall require two separate readings by the Council after first appearing under new business, and the second shall never be had on the same day as the first.
B. 
Ordinances shall require a minimum of eight votes of the City Council for passage.
C. 
All ordinances shall be referred to the City Council Ordinance Subcommittee, and the Subcommittee shall report said ordinance to the City Council at the subsequent meeting. The ordinance shall stand for final action in accordance with the report of the Subcommittee.
D. 
When passed by the City Council, an ordinance shall be signed by the presiding officer and then submitted to the Mayor, after which said ordinance shall be filed and preserved in the office of the City Clerk.

§ A184-28 Rule 28: Motions out of order.

The presiding officer may at any time, by a majority vote of the Council, permit a member to move an agenda item out of regular order.

§ A184-29 Rule 29: Any item that may legally come before the City Council.

The presiding officer shall go in whatever order he/she so chooses and provides each Councilor the opportunity to speak upon any such matter that was not included in the agenda. This item should pertain only to matters concerning the City Council, such as setting meetings, supplying information concerning the City Council and the like.

§ A184-30 Rule 30: Votes required.

Please see the attached Schedule A (voting schedule).[1]
A. 
The votes shall be taken upon the passage of all ordinances, resolutions, appropriations, transfers and Town orders by roll call and entered upon the official record of the Council.
B. 
When the City Council is in doubt as to the number of votes required to pass a measure or if the measure contains a tax or fee to be assessed to the residents of the City of Agawam, the Council President, as the Parliamentarian, has the right to determine the number of votes required to pass the measure.
C. 
All matters incurring debts shall comply with Massachusetts General Law, Chapter 44, Section 2.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.

§ A184-31 Rule 31: Request for legal opinions.

Any member of the City Council may request, in writing, written legal opinions relating to Town business and involving matters within the authority of the City Council and, for purposes of inquiry, request an opinion or advice on Town legal matters from the City Solicitor.

§ A184-32 Rule 32: Budget review.

A. 
The entire Council shall review the proposed annual operating budget and capital improvement budget for the Town.
B. 
The Council President shall name the five members of the School Budget Committee to assist the Council in reviewing the proposed School Department budget.
Committee Name
Items Reviewed
School Budget Committee (Five Council members)
School budget
C. 
The School Budget Subcommittee shall issue a report to the full Council within 30 days of the completion of the School Committee budget hearing, and copies of the proposed school budget will be submitted to all Council members. After submission of the annual operating budget by the Mayor to the Council, a workshop shall be conducted in order to review the proposed school budget with the School Department staff in attendance.
D. 
In the event that the Commonwealth of Massachusetts delays the issuance of Cherry Sheets and this delay prohibits the Mayor from presenting the operating budget to the Council with enough time to follow the above-described budget review process before the Council's approval deadline (in accordance with Massachusetts General Laws), this rule shall become subject to the discretion of the Council President, who then shall, as he/she sees fit, schedule a workshop with the Mayor to review the operating budget in as many meetings as it takes for the Council to fully gather the information it deems necessary to grant final approval of the operating budget.

§ A184-33 Rule 33: Inquiries and investigations.

A. 
The City Council shall, with an affirmative majority vote of the full Council, conduct an inquiry, hearing or investigation of any department, department head, and/or employees and City officials.
B. 
The procedure to be taken by the City Council shall be as follows:
(1) 
The City Solicitor and Associate Solicitor shall be excluded as legal counsel from all hearings and executive sessions held by the City Council for purposes of investigation of any City official or department.
(2) 
If requested by the City Council, any attorney whose services shall be employed for purposes of inquiry or investigation shall be subject to approval by the majority of the full Council.
(3) 
Funds shall be used from the account entitled "City Council Professional Consultant Services" to pay for services rendered by the attorney employed by the City Council for said inquiry or investigation.
(4) 
All subpoenas and letter of notices to witnesses and/or subjects of discussion shall be included in the duties of the legal counsel employed by the City Council. It is understood that the witnesses may waive the subpoena and voluntarily come forward.
(5) 
All written notices requiring 48 hours' notice prior to any hearings shall be hand-delivered to persons by the Police Department, as authorized by the Administrative Assistant to the City Council.
(6) 
The City Council may, by an affirmative vote of the majority of the full Council, establish a three-person committee appointed by the Council President to hear testimony, collect evidence and present facts to the full Council in executive session.
(7) 
The meetings of the City Council and/or subcommittee, unless otherwise requested by the individual or department involved, may be held in executive session. They shall also be conducted in accordance with the Open Meeting Law, Massachusetts General Laws Chapter 30A, § 11A1/2.
(8) 
The proceedings of the meetings shall be recorded and transcribed verbatim and provided to the full Council along with a copy of the subcommittee findings.
(9) 
The subcommittee will report its findings and recommendations to the full Council.
(10) 
The full Council will make the final determination and shall take any action it deems necessary.

§ A184-34 Rule 34: Suspension and amendment of these rules.

A. 
Any provision of these rules not governed by the Town Charter may be temporarily suspended by a vote of a majority of the City Council. The vote on any such suspension shall be taken by roll call and entered upon the record.
B. 
These rules may be amended, or new rules adopted, by a majority vote of all members of the City Council, provided that the proposed amendments or new rules shall have been introduced into the record as required herein.