[HISTORY: Adopted by the Town Board of the Town of Smithtown as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-23-2006]
The usual order of business at Town Board meetings shall be as follows:
A. 
Call to order.
B. 
Roll call.
C. 
Board of Commissioners business as required.
D. 
Correspondence.
E. 
Public hearings as required.
F. 
Advertise for public hearing as required.
G. 
Consent agenda.
[Amended 1-8-2019]
H. 
Other matters as required; resolutions.
[Amended 1-8-2019]
I. 
Other matters as required.
[Amended 1-8-2019]
J. 
Additional resolutions and agenda items.
[Amended 1-8-2019]
K. 
To be heard on Town matters.
[Amended 1-8-2019]
L. 
Adjournment.
[Added 1-8-2019]
The Town Board shall adhere to printed agenda items being discussed; provided, however, that any urgent read-on items to be considered may be added to the agenda by motion. For purposes of this section, an item shall be deemed urgent where the Board must take action on said item before the next regularly scheduled meeting in order for the Town to obtain a significant benefit or avoid a significant detriment.
[Added 1-8-2019[1]]
A. 
Items requiring a decision that are expected to require no discussion or debate may, at the Supervisor's option, be placed on the agenda under the heading "Consent Agenda." Such items may include: approval of minutes; acceptance of departmental reports; budget transfers and related items; the establishment of committees and appointments to same; the assessment of cost and expenses and the levy upon real property tax bills for property maintenance remediations, demolition of unsafe structures, or unpaid Town fees or charges; the acceptance, release, or waiver of bonds, cash deposits, or other security required by the Town; issuance of parade/walk/run permits; and seasonal appointments and reappointments to positions in Town departments.
B. 
Items may be moved out of the consent agenda section at the request of any member of the Town Board prior to approval of the agenda. No motion or vote of the Town Board is required with respect to a request to move an item out of the consent agenda.
C. 
When a member of the Town Board requests that an item be moved out of the consent agenda section, the Supervisor shall decide where to place that item on the agenda.
D. 
Approval of the consent agenda by the Town Board shall constitute approval of each of the items listed under the consent agenda portion of the meeting. No separate vote to approve items set forth in the consent agenda portion shall be required.
[1]
Editor’s Note: This resolution also renumbered former §§ 76-3 through 76-7 as §§ 76-4 through 76-8.
Any motion to approve, disapprove or table, or an amendment thereto, shall be duly seconded and voted on. Any discussion shall be limited to the question pending.
Public comments will be recorded, including the speaker's name and address. The Town Clerk shall receive, record and file any and all written materials provided.
A. 
The Supervisor, or the Deputy Supervisor in his absence, as the presiding officer, shall be responsible for the orderly conduct of business at each Town Board meeting and Town Board hearing and shall preserve order and decorum at all such meetings and hearings.
B. 
While the Board is in session, Board members must maintain order and decorum, and no Board member shall delay or interrupt the proceedings or the peace of the Board or disturb any Board member while speaking.
C. 
A Board member must be recognized by the presiding officer before speaking on an issue. Any Board member desiring to speak shall, upon recognition, address the presiding officer and direct remarks to the issue under discussion. A Board member, once recognized, shall not be interrupted when speaking unless it is for the purpose of calling such member to order.
A. 
The public may be provided a reasonable opportunity, with the preservation of order and decorum, to address the Board on any item heard or any Town matter in which the Town has jurisdiction or authority.
B. 
Each speaker will submit his/her name and address upon a form to be provided by the Town Clerk or his/her designee. On such form, the speaker shall also provide a brief description of what he/she will comment upon prior to speaking.
[Amended 11-19-2015]
C. 
Each speaker shall be allotted three minutes for his/her comment. The allotted time of three minutes shall include and commence from the beginning of the speaker's remarks and includes any time that passes during questioning or colloquy. Time cannot be shared or allotted with other speakers.
[Added 11-19-2015]
D. 
Speakers' remarks shall be addressed to the Board as a body and not to any specific member thereof. Speakers shall observe the commonly accepted rules of courtesy, decorum, dignity and good taste. Members of the public and Board members shall be allowed to state their positions in an atmosphere free of slander, threats of violence or disorderly conduct which disturbs the peace and order of the Board meeting.
[Added 11-19-2015]
E. 
Sufficient warnings may be given by the Board at any time during a speaker's remarks and, in the event that any individual shall violate the rules of decorum set forth herein, the presiding officer may then cut off comment or debate. Any person making offensive, insulting, threatening, insolent, slanderous or obscene remarks or who becomes boisterous or who makes threats against any person or against public order and security during a Board meeting or engages in any disorderly conduct which disturbs or disrupts the orderly conduct of any meeting shall be called to order by the presiding officer. If, after receiving a warning from the presiding officer, a person persists in violating the rules of decorum, the presiding officer may order that person to leave the meeting. If said person does not remove himself or herself, the presiding officer may order him or her removed from further audience at the meeting, unless permission to continue is granted by the majority vote of the Board members present.
[Added 11-19-2015]
F. 
The Director of the Department of Public Safety or his designated representative shall serve as Sergeant at Arms at Board meetings. The Sergeant at Arms shall carry out all orders given by the presiding officer for the purpose of maintaining order and decorum at the meeting.
[Added 11-19-2015]
[Added 7-12-2022 by L.L. No. 2-2022]
A. 
Authority to use videoconferencing. The following written procedures to be utilized for videoconferencing for the conduct of Town Board meetings are adopted in accordance with the Open Meetings Law of New York State, as set forth in Public Officer's Law of New York State, Article 7. The Town Board of the Town of Smithtown shall, in their discretion, use videoconferencing to conduct public meetings in accordance with the procedures set forth in this section.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
HYBRID MEETING
A meeting at which there is a mix of physically present and virtually present members participating.
MEETING
A gathering of the members of the Town Board of the Town of Smithtown for the transaction of official business, for which a quorum of its members must be present.
PHYSICAL PRESENCE
When the minimum number for a quorum of members are physically present to conduct the meeting.
QUORUM
A majority of the members of the Town Board.
VIRTUAL PRESENCE
When a member or members participate in a public meeting virtually, using videoconferencing.
C. 
Requirements for use of videoconferencing. Where videoconferencing is utilized to conduct public meetings of the Town Board of the Town of Smithtown:
(1) 
At least a quorum of the Town Board must be physically present at all hybrid meetings.
(2) 
Members of the Board may attend hybrid meetings virtually, via videoconferencing, only under "extraordinary circumstances" such as: disability, illness, caregiving responsibilities, or any other significant or unexpected factor or event which precludes a Town Board member from physically attending such meeting.
(3) 
If videoconferencing is used to conduct a meeting, members of the public shall be provided the opportunity to view such meeting via video, and to participate in proceedings via videoconference in real time where public comment or participation is authorized and shall ensure that videoconferencing authorizes the same public participation or testimony as in-person participation or testimony.
(4) 
Except in the case of executive sessions conducted pursuant to § 105 of the Public Officer's Law of New York State, the Town Board shall ensure its members can be heard, seen, and identified during the meeting, including but not limited to any motions, proposals, resolutions, and any other matter formally discussed or voted upon.
(5) 
The meeting minutes shall identify the names of the Town Board members who participated remotely and the names of the members who participated physically in person.
(6) 
The public notice of the meeting shall inform the public where to view and participate in the meeting virtually, the physical location for the meeting where the public may attend, where to participate and attend, and identify where required documents and records will be posted or made available.
(7) 
The Town Board shall maintain their official website at www.smithtownny.gov, and recordings of each public meeting shall be posted or linked on the website within five business days following the meeting and shall be available on the website for a minimum of five years following the meeting.
(8) 
Transcriptions of a public meeting shall be made available upon request.
(9) 
The in-person participation requirements of Subsection C(1) of this section shall not apply during a state disaster emergency declared by the governor pursuant to § 28 of the Executive Law of New York State, or a local state of emergency proclaimed by the County Executive of Suffolk County, or the Town Supervisor, pursuant to § 24 of the Executive Law of New York State, if the Town Board determines that the circumstances necessitating the emergency declaration would affect or impair the ability of the Town Board to hold an in-person meeting.
(10) 
Open meetings of the Town Board that are broadcast or that use videoconferencing shall utilize technology to permit access by members of the public with disabilities consistent with the 1990 Americans with Disabilities Act (ADA), as amended, and corresponding guidelines. For purposes of this subsection, "disability" shall have the meaning defined in § 292 the Executive Law of New York State. All videoconferencing shall use technology consistent with the 1990 Americans with Disabilities Act (ADA).
D. 
When effective; repealer. This section shall be deemed effective immediately upon filing with the Secretary of State and shall expire and be deemed repealed July 1, 2024.