City of Olean, NY
Cattaraugus County
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Table of Contents
Table of Contents
DIVISION 1 GENERALLY

Sec. 2-21 Record of ordinances kept by City Clerk in book.

Sec. 2-22 through Sec. 2-35. (Reserved)

DIVISION 2 RULES OF PROCEDURE

Sec. 2-36 Roberts Rules of Order.

Sec. 2-37 Organizational meeting.

Sec. 2-38 Regular meetings of the Common Council; meeting time and place.

Sec. 2-39 Special meetings.

Sec. 2-40 Regular meetings; order of business.

Sec. 2-41 Standing committees.

Sec. 2-42 Subcommittees and boards.

Sec. 2-43 Special committees.

Sec. 2-44 Advisory committees.

Sec. 2-45 Committee of the Common Council as a whole.

Sec. 2-46 Referral to committees; proposed legislation (PL).

Sec. 2-47 Committees in general.

Sec. 2-48 Presiding officer.

Sec. 2-49 Request for the floor.

Sec. 2-50 Motions and their precedence.

Sec. 2-51 Rules for debate.

Sec. 2-52 Resolutions.

Sec. 2-53 Resolutions approving payment of audited bills, inquiries concerning bills.

Sec. 2-54 Resolutions involving the expenditure of money.

Sec. 2-55 Roll call vote and voice vote procedure.

Sec. 2-56 Official minutes.

Sec. 2-57 Filing reports, resolutions, ordinances, etc.; prefiling deadline; suspension of the rule.

Sec. 2-58 Filing miscellaneous communications.

Sec. 2-59 Delivery of Council agenda.

Sec. 2-60 Non-Council members comment/input at regularly schedules meeting of the Common Council.

Sec. 2-61 Sergeant at Arms.

Sec. 2-62 Suspending or rescinding Council rules.

Sec. 2-63 Smoking policy.

Sec. 2-64 Permits granted at work sessions.

Sec. 2-65 Executive session.

Sec. 2-66 Journal clerk; City Clerk.

Sec. 2-67 through Sec. 2-80. (Reserved)

Sec. 2-21 Record of ordinances kept by City Clerk in book.

[Code 1971, § 1-9]
All ordinances passed by the Common Council shall be recorded by the City Clerk in a proper book, with indexes. The originals shall be filed in the City Clerk's office, and due proof of the publication of all ordinances requiring publication, by the certificate of the publisher or printer, shall be procured by the Clerk, attached thereto, or written and attested upon the face of the record of such ordinance.

Sec. 2-22 through Sec. 2-35. (Reserved)

[1]
Editor's note—Res. No. 11-94, adopted March 8, 1994, amended Div. 2, in its entirety, to read as herein set out in §§ 2-36—2-66. Prior to inclusion of said resolution, Div. 2 pertained to similar subject matter. See the Code Comparative Table.

Sec. 2-36 Roberts Rules of Order.

[Res. No. 11-94, 3-8-1994]
On all points of order not governed by these rules, the general rules of parliamentary practice as outlined in Robert's Rules of Order, Revised, shall be referred to for guidance. The City Attorney shall be the parliamentarian for the City.

Sec. 2-37 Organizational meeting.

[Res. No. 11-94, 3-8-1994]
(a) 
The organizational meeting of the Common Council shall be held at the first meeting of the Common Council in each year. The incumbent Mayor shall call the first meeting to order and the first order of business shall be the Mayor's state of the City message.
(b) 
At the organizational meeting of the Common Council the members shall elect a President of the Common Council.

Sec. 2-38 Regular meetings of the Common Council; meeting time and place.

[Res. No. 11-94, 3-8-1994; Res. No. 8-00, 2-22-2000; Res. No. 73-00, 8-8-2000; amended 7-10-2012 by Res. No. 52-12]
Regular meetings of the Common Council shall be held in the Council Chambers, Municipal Building, on the second and fourth Tuesday of each month to proceed after the Committee of the Whole. The Common Council shall hold regular meeting s at least twice in each month. At any regularly scheduled meeting attended by 2/3 of the Aldermen in office, the Council may, by majority vote, set the time and place of the next regularly scheduled meeting. When such Council vote is taken, the following regular meeting shall be held at that time and place stated and the succeeding meetings shall be as otherwise provided by this rule.

Sec. 2-39 Special meetings.

[Res. No. 11-94, 3-8-1994]
Special meetings (called meetings) may be called pursuant to the Charter of the City of Olean by the Mayor, Common Council President or any three Aldermen. Special meetings may be called with notice given by the Clerk at least 24 hours before the time of meeting by:
(1) 
Delivering written notice to each member of the Common Council; or
(2) 
Delivering written notice to a person of mature age and discretion at a place of residence of each member; or
(3) 
Enclosing written notice in a securely postpaid wrapper directed to each member at his post office address or place of residence at least five days prior to the special meeting.

Sec. 2-40 Regular meetings; order of business.

[Res. No. 11-94, 3-8-1994; Res. No. 13-98, 2-24-1998]
The business of all regular meetings of the Common Council shall be transacted in the following order:
(1) 
Roll call;
(2) 
Invocation;
(3) 
Pledge;
(4) 
Reading, correcting and approving previous minutes;
(5) 
Committee reports and unfinished Council business;
(6) 
Communications from the Mayor;
(7) 
Miscellaneous communications and petitions;
(8) 
Reports from other City officials;
(9) 
Proposed legislation and referrals;
(10) 
Public comment/input;
(11) 
Finance/bills;
(12) 
Motions/resolutions;
(13) 
Adjourn.

Sec. 2-41 Standing committees.

[Res. No. 11-94, 3-8-1994; Res. No. 4-95, § 1, 2-14-1995; Res. No. 13-98, 2-24-1998; Res. No. 12-99, 2-23-1999; Res. No. 2-00, 1-25-2000; Res. No. 3-01, 1-23-2001; Res. No. 04-02, 2-12-2002; Res. No. 08-07, 2-13-2007; Res. No. 03-09, 1-27-2009; Res. No. 04-10, 1-26-2010]
(a) 
Standing committees. The standing committees of the Common Council shall be as follows:
Number of Members
(1)
City Operations
5
(2)
Public Safety
7
(3)
Division of Youth and Recreation
5
(4)
Strategic Planning
5
(5)
Finance Committee
7
(6)
Labor Relations Committee
4
(7)
Committee of the Whole
7
The President of the Common Council shall appoint the chairman and members of all standing committees. All standing committees shall be appointed for one year. No person shall continue to serve as a committee member after ceasing to be a member of the Common Council.
(b) 
Standing committee chairmen; voting. Chairmen of the standing committee shall have a vote on all matters considered by their committee.
(c) 
Regular standing committee meetings. The Common Council shall establish a standing meeting night for each committee.
(d) 
Called meetings. The following may call committee meetings: The Mayor; the President of the Council; the chairman of the committee; or two members of the committee. Meetings of the standing committees may be called upon 24 hours' notice by notifying each committee member of the meeting either by telephone or in writing, advising the time and place of the meeting.

Sec. 2-42 Subcommittees and boards.

[Res. No. 11-94, 3-8-1994]
Subcommittees may be appointed by the President of the Common Council as deemed appropriate. Unless otherwise provided, subcommittee appointments shall be for a term of one year.

Sec. 2-43 Special committees.

[Res. No. 11-94, 3-8-1994]
Special committees may be authorized at any legal meeting of the Common Council. They shall be appointed by the Mayor with the consent of the Common Council. Any resolution creating any special committee shall specify the powers and duties of the committee and the number of its members.

Sec. 2-44 Advisory committees.

[Res. No. 11-94,3-8-1994]
Advisory committees may be authorized by resolution. Members of such committee shall be appointed by the Mayor with the consent of the Common Council. Members of the public may be appointed to serve on advisory and special purpose committees. Any resolution creating an advisory committee shall specify the powers and duties of the committee and the number of its members.

Sec. 2-45 Committee of the Common Council as a whole.

[Res. No. 11-94, 3-8-1994]
In order to consider a matter by the Common Council as a whole the Common Council may resolve itself in to a committee of the whole on any subject before it. The rules of the Common Council shall be observed by this committee insofar as they are applicable, except that the number of times a member may speak shall not be limited.

Sec. 2-46 Referral to committees; proposed legislation (PL).

[Res. No. 11-94, 3-8-1994; Res. No. 13-98, 2-24-1998; Res. No. 77-98, 9-22-1998]
(a) 
Referral of matters. All petitions, communications, budget adjustments, reports, resolutions, motions, local laws, etc., requiring action of the Common Council shall be referred by the presiding officer, without motion:
(1) 
To the appropriate committee; or
(2) 
To the Mayor for administrative action unless otherwise ordered by the Common Council by a majority vote.
(b) 
Initiation of new legislative matters. All legislation shall be initiated by the submission to the Common Council President the proposed legislation. The proposed legislation shall be prepared, signed and submitted by a Common Council member or the Mayor and shall contain a general summary of the proposed legislation. The PL shall be numbered and referred to committee at the next regular meeting or work session of the Common Council.
(c) 
Referral of proposed legislation. All PL's must be turned in to the journal clerk prior to 12:00 noon Thursday prior to any regular session or work session of the Common Council in order to be referred at the Tuesday meeting.

Sec. 2-47 Committees in general.

[Res. No. 11-94, 3-8-1994]
(a) 
Committee adjournment. No committee meeting shall be adjourned until announced by the chair of the committee after majority vote of the members present.
(b) 
Committee quorum. Action on any matter properly before any committee shall be taken only while a majority of the committee is present and in session. If the Common Council President is in attendance at a committee meeting he shall be counted for the purpose of establishing a quorum if necessary. In such event, the Common Council President shall have a vote as if a member of such committee.
(c) 
Committee vacancy. Any vacancy on a committee shall be filled by the Common Council President without delay.
(d) 
Committee minutes. Each committee chair shall be responsible for assuring minutes of his or her committee are kept. The minutes shall contain a brief summary of the business conducted by the committee, together with a record of the decisions made by the committee as well as the time, place and persons present and any other pertinent information. The minutes of committee meetings shall be filed with the journal clerk within one week after each meeting.
(e) 
Committee member attendance. The committee chair must report to the President of the Common Council all situations where a members's attendance at regularly scheduled meetings in the preceding six-month period falls below 75%. The Common Council President shall thereupon remove such member from the committee unless the member shall demonstrate extenuating circumstance to the committee which shall by majority vote request the Common Council not remove such member.
(f) 
Committee meetings open to public. All committee meetings shall be open and subject [to] the provisions of Article 7 of the Public Officers Law. Should a committee desire to go into executive session it shall comply with Article 7 of the Public Officers Law and the provisions governing executive sessions contained in this division (see section 2-107).
(g) 
Committee minute book. It shall be the duty of the City Clerk to provide each committee chairman with an appropriate permanent minute book. This book shall remain the property of the City of Olean and shall be kept by the journal clerk. The minute book shall be surrendered to the City Clerk upon the expiration of the chairman's tenure in committee office. It shall be the duty of each committee chairman to assure that appropriate written records in the prescribed format of each committee meeting and of all committee acts and discussions. The Mayor or any member of the Common Council may inspect the minute books of the committees created under this rule.
(h) 
Who may speak. Only the Mayor, the sponsor, the cosponsor, committee members or department head(s) concerned with a question may address any question during a committee session unless the committee chairman shall otherwise direct.
(i) 
Formal report to Council. All legislation and other matters referred to committee shall be formally reported on by the committee with recommendation, including majority and minority report, if applicable, or status, with reason for delay within 45 days of referral.

Sec. 2-48 Presiding officer.

[Res. No. 11-94, 3-8-1994; amended 12-9-2014 by Res. No. 110-14]
The Common Council President shall be the presiding officer for regular and special meetings of the Common Council.
(1) 
In the event of the temporary absence of the Common Council President, the Common Council shall designate by majority vote a member to act as presiding officer. In the event of the failure of the Common Council to designate a presiding officer by majority vote, the parliamentarian shall act as chairman pro term to appoint the presiding officer.
(2) 
In the event of a permanent vacancy for the position of Common Council President, the Common Council, after all Council vacancies having been filled, shall elect a President of the Common Council until the next organizational meeting of the Common Council.
(3) 
In the absence of the Common Council President from other than a regular or special meeting (for example, a work session or a hearing), the President may designate a member of the Common Council to act as presiding officer for such meeting.
(4) 
The presiding officer for regular or special meetings of the Common Council, work sessions of the Common Council, or committee meetings shall preserve order and decorum. He or she shall decide questions of order subject to appeal.

Sec. 2-49 Request for the floor.

[Res. No. 11-94, 3-8-1994]
A member desiring the floor during a regular or called meeting of the Common Council shall request the chair for the privilege. When two or more persons seek the floor, the presiding officer shall designate the member who is to speak. The member designated by the chair shall address himself or herself to the Council, confining his or her remarks only to those questions under debate and avoiding personalities or extraneous matters. Those deviating from this rule will be called to order and the privilege of the floor may be withdrawn by the presiding officer.

Sec. 2-50 Motions and their precedence.

[Res. No. 11-94, 3-8-1994]
Any proposed action given orally from the floor shall be deemed a motion. When any question is under debate, only the following motions shall be entertained, and they shall have precedence in the order stated: Undebatable:
(1) 
Motion to adjourn.
(2) 
Motion to take recess.
(3) 
Motion to lay on the table.
(4) 
Motion to call the question (for the previous question).
(5) 
Motion to limit or to extend limits of debate.
(6) 
Point of order. Debatable:
(7) 
Motion to postpone to a certain time.
(8) 
Motion to commit or refer.
(9) 
Motion to amend.
(10) 
To postpone indefinitely.

Sec. 2-51 Rules for debate.

[Res. No. 11-94, 3-8-1994]
(a) 
Debate. No debate shall be in order until the pending question has been stated by the chair.
(b) 
Questions. If any question being debated contains several distinct propositions, the same shall be divided by the chair at the request of any member, to the end that a vote may be taken on each proposition.
(c) 
Priority of business. All questions relating to the priority of business (the priority of one question or subject matter over another) shall be decided by the chair without debate.

Sec. 2-52 Resolutions.

[Res. No. 11-94, 3-8-1994]
(a) 
[Defined.] The term resolution shall mean a formal proposed action, in writing.
(b) 
Numbering. The journal clerk upon receipt of a resolution to be referred to the Common Council for vote shall assign a number. All resolutions shall be numbered in chronological order as received by the journal clerk and shall retain the same number permanently. All resolutions shall be considered and referred to by number in any discussion or action taken by Council.
(c) 
Prior approval by City Attorney. All resolutions shall be approved by the City Attorney as to form prior to vote on the resolution by any committee or the Common Council if the matter is not referred to committee. The City Attorney shall indicate approval as to form of the resolution by initialling the original copy of the resolution.
(d) 
Sponsorship. All resolutions shall contain the name of its sponsor and cosponsor and a short title setting forth the purpose of the proposed action. Committee chairmen are responsible to assure that all resolutions recommended for action by the committee have sponsorship. Resolutions without sponsorship shall not be placed on the Common Council agenda.
(e) 
Submission deadline. All resolutions must be tuned in to the journal clerk prior to 12:00 noon Thursday prior to any regular session of the Common Council in order to be on the agenda at the Thursday meeting.
(f) 
Termination of resolutions. All resolutions in committee or reported on by committee and not acted on by committee or the Common Council shall die and the same shall not hold over in the year of reorganization.

Sec. 2-53 Resolutions approving payment of audited bills, inquiries concerning bills.

[Res. No. 11-94, 3-8-1994]
On auditing bills or accounts against the City, a roll call vote shall be taken and a record kept on the same. Questions regarding specific bills may be directed to responsible City officials on the floor of the Council meeting by Common Council members only in accordance with the following rule: Barring extraordinary circumstances, and so a City official may prepare a timely response, inquiries concerning bills shall be communicated by Council members to the approving City official prior to noon on the day the Common Council meeting which will approve the bill.

Sec. 2-54 Resolutions involving the expenditure of money.

[Res. No. 11-94, 3-8-1994]
Upon the introduction of any resolution involving the expenditure of money, unless the Common Council shall direct otherwise by majority vote, shall be referred to the appropriate committee without debate; however, immediate vote without referral shall be permitted:
(1) 
For resolutions covering claims and accounts against the City approved by the auditor; or
(2) 
For authority to advertise for bid for purchase or public works approved and contained in the budget for the current fiscal year; or
(3) 
For the expenditure of a sum of less than $100 (i.e., a placement of block ad to communicate to the public).

Sec. 2-55 Roll call vote and voice vote procedure.

[Res. No. 11-94, 3-8-1994]
(a) 
Roll call votes. A roll call vote shall be taken:
(1) 
Upon the confirmation of officers or employees nominated by the Mayor;
(2) 
Upon all acts requiring a super majority for passage;
(3) 
Upon all amendments to the Code of Ordinances and local laws;
(4) 
Upon the borrowing or the expenditure of any money; or
(5) 
Upon any other question before the Common Council upon request of any member.
(b) 
Voice votes. Unless otherwise requested by any member, a voice vote will be called by the presiding officer where the vote does not fall into one of the following categories:
(1) 
A vote for the expenditure of money;
(2) 
A vote requiring a super majority for passage (i.e., a bond act);
(3) 
A vote adopting, amending or repealing an ordinance or local law;
(4) 
A vote for an appointment of a City official or employee that will be paid; or
(5) 
For any action in which the Mayor or any member of the Common Council requests that there be a roll call vote.

Sec. 2-56 Official minutes.

[Res. No. 11-94, 3-8-1994]
Minutes of the previous meeting shall not be read, unless requested by any Common Council member, by motion duly made, seconded and adopted by majority vote. The official minutes shall be taken by the journal clerk in summary form, shall be signed by the City Clerk and Common Council President, and retained by the City Clerk as permanent record of the affairs of the City.

Sec. 2-57 Filing reports, resolutions, ordinances, etc.; prefiling deadline; suspension of the rule.

[Res. No. 11-94, 3-8-1994]
All committee reports, proposed resolutions, ordinance or any matter requiring Council action by vote shall be in writing and shall be filed with the journal clerk on or before noon on the Thursday preceding each regularly scheduled meeting. No resolution, ordinance, report or other matter may be considered by the Common Council at any regularly scheduled meeting unless properly prefiled, or unless by act of the Common Council by two-thirds-vote shall suspend this rule.

Sec. 2-58 Filing miscellaneous communications.

[Res. No. 11-94, 3-8-1994]
All miscellaneous communications and petitions shall be filed with the journal clerk on or before noon on the Thursday preceding each regularly scheduled meeting. The Common Council shall not consider any miscellaneous communications or petitions unless duly filed with the City Clerk. The Mayor or Common Council President may, however, introduce any letter, communication or notice which shall not be required to be pre-filed with the journal clerk.

Sec. 2-59 Delivery of Council agenda.

[Res. No. 11-94, 3-8-1994]
It shall be the duty of the City Clerk to prepare and cause to be delivered to the Olean Police Department for pick up by each Alderman, a list of all matters filed in his office for consideration at any regularly scheduled meeting, on the Friday preceding each regularly scheduled meeting.

Sec. 2-60 Non-Council members comment/input at regularly schedules meeting of the Common Council.

[Res. No. 11-94, 3-8-1994]
Any person not a member of the Common Council who desires the privilege of the floor shall at a regular or special meeting of the Common Council shall request recognized by the presiding officer during the "public comment/input" portion of the meeting. The presiding officer, in his discretion, may grant the privilege of the floor to the person desiring the same. Any person securing the floor shall give his name and address and briefly state his purpose. He shall address his remarks to such issue(s) however shall not discuss personalities. The time limit for any such remarks shall be five minutes unless the Common Council after majority vote thereon, raised by point of order from the floor, extends the limit that such person may be allowed in addressing the Common Council. Any such vote shall specify the length of such extension.

Sec. 2-61 Sergeant at Arms.

[Res. No. 11-94, 3-8-1994]
The Chief of Police, or acting Chief of Police of the City of Olean shall be ex officio Sergeant at Arms of the Common Council.

Sec. 2-62 Suspending or rescinding Council rules.

[Res. No. 11-94, 3-8-1994]
No rule of the Common Council or procedure established by this division shall be suspended or rescinded except by act of the Common Council in which 2/3 of all members present shall vote favorably.

Sec. 2-63 Smoking policy.

[Res. No. 11-94, 3-8-1994]
Smoking of cigarettes, cigars or pipes shall be prohibited during regular and special meetings of the Common Council or during any work session, committee or subcommittee meeting.

Sec. 2-64 Permits granted at work sessions.

[Res. No. 11-94, 3-8-1994; Res. No. 10-99, 2-23-1999; Res. No. 101-00, 10-10-2000]
At any regular work session of the Common Council, upon motion made and seconded and after an opportunity for comment therein by any one desiring to make comment, the Common Council shall have the authority to grant by majority vote of the entire Council (i.e. four votes) or deny any permit for:
(1) 
Curb cut(s), except a permit and Council approval are not required for a curb cut that would widen an existing residential driveway by less than five feet and, within the discretion of the code enforcement officer, would not merge existing adjacent driveways or interfere with hydrants, poles, fences, public parking, public drainage structures, public rights-of-way, or similar items.
(2) 
Utilization of City streets for an event(s);
(3) 
Parades;
(4) 
Private use or improvement on or over a right-of-way; and
(5) 
Such other type of permit request in which 2/3 of all members of the Common Council (i.e. five votes) shall agree to consider at such work session.
In the event there are not sufficient votes to grant a permit during the work session the matter shall be referred for action at a regular session of the Council.
Any permit granted by the Common Council at a work session shall be subject to conditions established by the Mayor, Common Council, committee, and/or department head(s) involved. Granting of permits pursuant to this section shall be strictly limited to the matters provided for by this section. For each matter acted upon by the Common Council, the Common Council President shall make explicit record of the motion, its sponsor, its second and the votes of each member thereon.
The rule is not intended to bypass committee review, if appropriate, and should be utilized only in unusual circumstances. All such permits granted pursuant to this section shall be read as a report at the next regular session of the Common Council.

Sec. 2-65 Executive session.

[Res. No. 11-94, 3-8-1994]
(a) 
[Generally.] All meetings of the Common Council, whether in regular session or work session are covered by the Open Meetings Law as contained in Article 7 of the Public Officers Law of the State of New York. In addition, all meetings of any of the committees of the Common Council are subject to the Open Meetings Law.
(b) 
Notice.
(1) 
Notice for meetings planned at least one week in advance shall be given:
(a) 
To the news media; and
(b) 
By means of posting notice of the meeting at least 72 hours in advance.
(2) 
Notice for meetings scheduled less than one week in advance shall be given:
(a) 
Notice shall be given to the news media, to the extent practicable; and
(b) 
Must be posted a reasonable time prior to the meeting.
(c) 
Executive session. The Common Council or a committee of the Common Council may close a meeting upon the declaration of executive session. Procedure for going into executive session is as follows:
(1) 
Executive sessions may only be entered into as part of an open meeting. A motion must be made, during an open meeting, to enter into an executive session. The person making the motion must specify the subject area which qualifies for executive session and the motion must be carried by a majority vote of the total membership of the body.
(2) 
The following constitutes a complete list of the area for which a public body may enter into executive session:
(a) 
Matters which will imperil the public safety if disclosed;
(b) 
Matters which may disclose the identity of a law enforcement agent or informer;
(c) 
Information regarding a current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement, if disclosed;
(d) 
Discussion of proposed, pending or current litigation;
(e) 
Collective negotiations pursuant to the Taylor Law;
(f) 
The medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removable of a particular person or corporation;
(g) 
The preparation, grading, or administration of examinations;
(h) 
The proposed acquisition, sale or lease of real property or the proposed acquisition or securities, or sale or exchange or securities held by a public body, but only when publicity would substantially affect the value thereof.
The Common Council or any committee of the Common Council may vote in executive session on any of the above-noted issues, however, no vote shall be permitted on any appropriation of public funds while in executive session.
(d) 
Minutes. Minutes of executive session must be kept. Executive session minutes need not contain the contents of discussion, but must include a record or summary (including the date and vote) of any final determination. If no determination is made, there need not be minutes. Executive session minutes must be available to the public within one week of the meeting. The executive session minutes may be taken by a member of the Common Council or the body may choose to allow a clerk to be present to take minutes.

Sec. 2-66 Journal clerk; City Clerk.

[Res. No. 11-94, 3-8-1994]
The journal clerk [shall be] responsible for day to day management of the legislative system as provided by these rules.
The City Clerk shall record all votes and shall permanently retain all correspondence, local laws, resolutions, memorandum, committee minutes, and Common Council minutes. The City Clerk shall certify all minutes of regular meetings of the Common Council.

Sec. 2-67 through Sec. 2-80. (Reserved)