[Amended 4-27-1993 by Res. No. 231-1993]
A.
The order in which matters shall be considered by
the Legislature is as follows:
(1)
Calling of the roll.
(2)
Moment of prayer.
[Amended 3-22-1994 by Res. No. 117-1994]
(3)
Pledge of allegiance to the flag.
(4)
Approval of the journal of the previous meeting.
(5)
Presentation of petitions and communications.
(6)
Proclamations.
(7)
Presentation of formal committee reports.
(8)
Public forum: speakers shall register with the Clerk
of the Legislature prior to the calling of the roll. The President
of the Legislature shall determine the length of time per speaker
prior to each meeting.
(9)
Introduction of local laws.
(10)
Consideration of motions, resolutions and notices.
(11)
Consideration of unfinished business.
B.
There shall be a Chaplain of the Monroe County Legislature
who shall serve as the spiritual counselor for the Legislature and
who shall offer the prayer at the beginning of each meeting of the
Legislature. The Chaplain shall be appointed by the President to serve
for one calendar month during which a regular meeting of the Legislature
is scheduled. The appointment by the President shall be upon the recommendation
of a different legislator each such month, alternating month-to-month
between legislators of the two major parties. The leader of each major
party caucus shall determine the manner in which each caucus' recommending
legislators are chosen.
[Added 11-23-1993 by Res. No. 556-1993; amended 3-22-1994 by Res. No. 117-1994]
[Amended 3-22-1994 by Res. No. 117-1994]
Upon the direction of the presiding officer
and in the order of business, the Clerk shall read all petitions and
communications and the title of all local laws and resolutions. After
the title of a local law or resolution is read, the presiding officer
or any Legislator may request that it be read in full. Written motions
which are not read by the Legislator offering the same shall be read
in full by the Clerk before being offered.
The rules governing debate shall be as follows,
except that matters not covered by these rules shall be governed by
the current edition of Robert's Rules of Order.
A.
To be recognized, a Legislator shall stand in place
and shall not speak until recognized by the Chair.
B.
Debate shall not begin on a local law, resolution
or otherwise debatable motion until it has been moved by a Legislator
and seconded by another Legislator.
C.
A Legislator may speak as often on a question as he/she
is recognized by the Chair. However, no Legislator shall speak for
more than five minutes in total except by permission of the presiding
officer.
D.
No Legislator shall speak or stand while another is
speaking unless the latter yields to the former.
E.
No person shall pass between a Legislator who is speaking
and the presiding officer.
F.
All debate and all questions shall be directed to
the presiding officer.
G.
Those addressing the legislative body shall refer
to Legislators and members of the county administrative staff by their
title or by the prefix "Mr." or "Madam" followed by their proper name,
except the Presiding Officer shall be addressed as "Mr. President/Madam
President" or "Mr. Chairman/Madam Chairman," as appropriate.
[Amended 3-22-1994 by Res. No. 117-1994]
Debatable motions shall be as follows:
A.
The main motion. The main motion is a motion by itself
or one to adopt a local law or resolution before the Legislature.
It may be amended and requires a majority vote except where otherwise
required by law or these rules. A motion may be withdrawn by its proposer
at any time before a vote is taken.
B.
An amendment to the main motion or an amendment of
such amendment. An amendment is a motion to change or modify the main
motion or an amendment of it. An amendment shall not be amended more
than once. Amendments shall be disposed of in inverse order before
voting on the main motion, and require a majority vote.
C.
To commit. This motion is used to refer a matter to
committee or back to committee. The motion may be amended and requires
a majority vote.
D.
To reconsider. The purpose of this motion is to reconsider
a motion that was previously carried or lost. It may be made only
by one who voted with the prevailing side, but may be seconded by
anyone. No question can be reconsidered more than once. It may not
be amended and requires a majority vote. (Note: two votes are required:
first, on whether the original question shall be reconsidered, and
if passed, second, on the original motion.)
E.
To sever. This motion is used to divide a question
into two or more logical parts. It may be amended, and requires a
majority vote.
F.
Point of order. A point of order is not properly a
motion, since it is used by a Legislator to object to an aspect of
procedure. It is always in order, except during roll call, and requires
an immediate ruling from the presiding officer. The form is, "Mr./Ms.
President, a point of order please." The Presiding Officer then says,
"Please state your point of order." The Legislator then states his/her
position, and the presiding officer then sustains or denies the point
of order. The form is, "I sustain (or deny) your point of order."
If the Legislator is not satisfied with the ruling of the presiding
officer, the Legislator may appeal the decision by stating, "I respectfully
appeal the decision of the Chair to the Legislature." The presiding
officer then addresses the Legislature as follows: "Shall the decision
of the Chair be sustained?" At this point, debate is in order, and
the presiding officer may discuss the issue without substituting another
member in his/her place. At the conclusion of debate and upon the
direction of the presiding officer, the Clerk shall call the full
roll call. A majority or tie vote of those present sustains the decision
of the presiding officer. The presiding officer shall be entitled
to vote on the appeal of the decision of the Chair.
[Amended 3-22-1994 by Res. No. 117-1994]
G.
To discharge a Committee. This motion is used to remove
a matter from the consideration by one or more of the standing or
special committees of the Legislature it may be amended and requires
a majority vote.
The following motions are not debatable:
A.
To lay on the table. This motion is used to postpone
a subject under discussion to some time in the near future. It is
not amendable and requires a majority vote. When a subject is to be
reconsidered, a motion is in order to remove the matter from the table.
B.
To adjourn. This motion is always in order except
when a speaker has the floor, during roll call, or immediately after
it has been voted down. It requires a majority vote.
C.
The previous question. This motion is used to close
debate and may be made by any Legislator when debate has become long
drawn out. It is made in the following manner: "Mr. President, I move
the previous question." Without a second the Presiding Officer then
asks the Legislative body, "Shall debate be closed and the question
now be put?" The Clerk then calls the full roll call, and if two-thirds
(2/3) of those present vote in the affirmative, the question under
debate and then before the legislative body is immediately voted upon
in the usual manner without further debate.
All voting on local laws, resolutions and motions
shall be by voice vote, in the following manner:
A.
The Clerk shall call the roll on every occasion when
requested to do so by any Legislator.
[Amended 3-22-1994 by Res. No. 117-1994]
B.
No Legislator shall leave his/her seat, refuse to
vote or abstain from voting on a local law, resolution or motion unless
excused from voting pursuant to this rule. No Legislator shall speak
during roll call except to request to be excused from voting.
C.
Any Legislator requesting to be excused from voting
shall make a brief statement of the reasons for making such a request,
and the presiding officer shall excuse from voting any member who,
in the opinion of the presiding officer, has a direct personal or
pecuniary interest in the matter to be voted upon.
D.
Any Legislator desiring to leave the meeting shall
first obtain permission from the Presiding Officer.
E.
A majority of the total Legislature (i.e., 15 votes) is required to pass any local law, resolution or motion except where otherwise required by law or stated in these rules. When the number of votes cast for and against any proposition is equally divided, the question shall be deemed to be lost, except in the case of an appeal of the decision of the Chair, as set forth in § 545-17F.
