[Adopted as Art. 44 of the 1990 Bylaws]
[Amended 7-13-2010 by Bill No. 2010-057; 11-15-2022 by Bill No. 2022-131]
The purpose of this article is to define uniform
procedures for the conducting of meetings, maintenance of minutes
and correspondence, and the election of officers, beyond those procedures
and practices specified in the City of Amesbury Charter.
As used in this article, the following terms
shall have the meanings indicated:
Memoranda of things to be done, as items of business or discussion
to be brought up at a meeting.
All ad hoc, appointed, elected, and permanent boards, commissions,
committees and panels of the City.
From July 1 to June 30.[1]
A newspaper, a cable station, or a radio station of general
circulation or broadcast within the City.
Journal, memoranda or notes of a transaction or proceeding
at a meeting of a committee.
[Amended 5-9-2006 by Bill No. 2006-014; 11-15-2022 by Bill No. 2022-131]
Proceedings of the City Council and its committees
and subcommittees shall be governed by the rules of procedure adopted
by the City Council pursuant to Section 3-5(c) of the Charter. All
other committees shall be governed by the rules of practice contained
in the most recent edition of Robert's Rules of Order, except as otherwise
provided by the City Charter, bylaw or by the following sections.
B.
Committees shall make their meeting agenda readily
available at and prior to meetings, preferably by release to the local
media.
C.
Committees shall provide to the Clerk of the City
Council a copy of the agenda of all regular and special meetings not
later than 48 hours prior to said meetings.
[Amended 5-9-2006 by Bill No. 2006-014; 11-15-2022 by Bill No. 2022-131]
D.
Committees shall notify the District Councilor in
writing of any and all scheduled public hearings concerning activities
within his or her district.
Committees may enact specific bylaws for the
governance and rules of practice of the committee, provided that such
bylaws are made readily and widely available to the public, by announcement
in the local media, at least 10 days prior to their taking effect.
[Amended 5-9-2006 by Bill No. 2006-014]
Unless otherwise provided by the committee's
rules or bylaws, committees shall annually elect officers for one-year
terms which shall begin and end with the City's fiscal year.
Any person who is employed by or otherwise related
to another interest in any matter under discussion at a committee
meeting shall disclose the fact of his employment or relationship
before speaking thereon.
[Added 5-9-2006 by Bill No. 2006-014]
A.
All deliberations and substantive discussions regarding
any matter of public policy shall be conducted only during a properly
held public meeting, except those deliberations specifically authorized
by MGL c. 39, § 23B or other statute to be held during an
executive session portion of a public meeting.
B.
In no instance shall a quorum or more than a quorum
of committee members use telephone conference calls, serial telephone
calls, e-mail, text messaging, Internet chat rooms, or other methods
of private communication to discuss or deliberate about any matter
of public policy. Committee members shall not "carbon copy" to a quorum
or more than a quorum of committee members any electronic communications
regarding the substantive merits of, or the arguments for or against,
any matter of public policy. Committee members shall not sequentially
"forward" to a quorum or more than a quorum of committee members any
electronic communications regarding the substantive merits of, or
the arguments for or against, any matter of public policy. Committee
members shall not simultaneously or sequentially telephone a quorum
or more than a quorum of committee members to discuss or deliberate
about any matter of public policy.
C.
Electronic communications, including e-mail, may be used to communicate with a quorum or more than a quorum of committee members any public records containing objective information, including but not limited to reports, meeting minutes, meeting agendas, decisions, rulings, contracts and legislative proposals, and for purely ministerial purposes such as the scheduling and rescheduling of meetings. Any such electronic communications shall be considered public records within the meaning of MGL c. 4, § 7(26) and MGL c. 66, § 10, and shall be maintained by the sender and recipient in a manner that allows for public access to the records, unless the committee has promulgated its own bylaw, under § 118-12 above, for otherwise maintaining and providing public access to such records. Materials that describe or discuss arguments for or against any matter of public policy shall not be considered "public records containing objective information" and shall not be sent by any committee member to any quorum or more than a quorum of committee members.
[Added 10-10-2006 by Bill No. 2006-089[1]]
A.
Any member of any elected or appointed municipal board,
committee or commission shall be permitted to sit on an adjudicatory
hearing and not be disqualified from voting in the matter solely due
to that member's absence from no more than a single session of the
hearings at which testimony or other evidence is received.
B.
Before any such vote, the member shall certify in
writing that he has examined all evidence received at the missed session,
which evidence shall include an audio or video recording of the missed
session or a transcript thereof.
C.
The written certification shall be part of the record
of the hearing and be filed with the City Clerk.
D.
Certification shall be essentially in the following
format:
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I _____ (name of individual) _____ hereby certify
that I have examined all evidence received by the _____ (name of board)
_____ at the session I missed on _____ (date of meeting) _____ for
the public hearing held on (subject, bill no., project); said evidence
includes any audio and/or video recording of the missed session or
a transcript thereof. I further certify that I have missed no more
than one public hearing on said matter.
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__________________________
Signature
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___________________
Date of Signature
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