[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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:
(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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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).
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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:
(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.
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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.
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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.
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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.
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[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.
(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.
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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.
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(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.
[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.
