[Adopted 1-4-2010]
The Town Board of the Town of Deerpark (the "Town") shall hold
regular meetings on the first and third Mondays of each month, and
work session meetings will be held upon reasonable notice governed
by Town law. Such regular meetings shall commence at 7:30 p.m. and
be conducted in the board room at the Town Hall. Any deviation from
procedures of the foregoing section shall be determined by the Town
Board.
Special meetings of the Town Board are all those Town Board
meetings other than regular meetings and work session meetings. A
special meeting may be called by the Supervisor upon two days'
written notice to the entire Town Board or if all five Town Board
members are present. Additionally, the Supervisor must call a special
meeting within 10 days of a written request by any two Councilpersons.
A quorum shall be required to conduct business. A quorum of
the five-member Town Board shall be three. In the absence of a quorum,
a lesser number may adjourn and compel the attendance of absent members.
Executive sessions shall be held in accordance with the New
York Public Officers Law § 105. All executive sessions shall
be commenced in a public meeting. Attendance shall be permitted to
any member of the Town Board and any other persons authorized to attend
that executive session by the Town Board.
The agenda shall be prepared by the Supervisor or, in his absence,
the Deputy Supervisor. The Supervisor or any Councilperson or any
other Town official may have an item placed on the agenda. Items for
the agenda shall be given to the Supervisor at least 24 hours before
the meeting, except that, in unusual circumstances, an item may be
submitted before 12:00 noon the day of the meeting. However, the Supervisor,
if time permits, may add an item to the agenda later than 12:00 noon
the day of the meeting. Items that cannot be placed on the agenda
may be brought up during the meeting.
A.
Pursuant to Town Law, each member of the Town Board shall have one
vote. A majority of the totally authorized voting power (i.e., three
votes) is necessary to pass a matter unless otherwise specified by
state law. An abstention, silence or absence shall not be considered
either an affirmative or a negative vote for the purposes of determining
the final vote on a matter.
B.
A vote upon any question shall be taken by "ayes" and "noes," and
the names of the members present and their votes shall be entered
in the minutes.
A.
Minutes shall be taken by the Town Clerk. Minutes shall consist of
a record or summary of all motions, proposals, resolutions and any
other matter formally voted upon and the vote thereon. Minutes shall
be taken at executive session of any action that is taken by formal
vote, which shall consist of a record or summary of the final determination
of such action, and the date and vote thereon; provided, however,
that such summary need not include any matter that is not required
to be made public by the New York Freedom of Information Law.[1] Minutes shall also include the following:
(1)
Name of the Town Board;
(2)
Date, place and time of meeting;
(3)
Notation of presence or absence of Town Board members and time of
arrival or departure if different from time of call to order and adjournment;
(4)
Name and title of other Town officials and employees present and
approximate number of attended;
(5)
Record of communications presented to the Town Board;
(6)
Record of reports made by Town Board or other Town personnel;
(7)
Time of adjournment;
(8)
Signature of Town Clerk or person who took the minutes if not the
Town Clerk.
[1]
Editor's Note: See Public Officers Law § 84
et seq.
B.
Minutes shall not contain a summary of the discussion leading to
action taken or include verbatim comments unless a majority of the
Town Board shall resolve to have the Clerk do so.
C.
Minutes shall be transcribed and distributed, if available, at least
14 days before the next regular meeting. Minutes shall be approved
at the next Town Board meeting after they have become available. Amendments
to the minutes shall require Town Board approval.
A.
The order of business for regular meetings shall be:
(1)
Call to order.
(2)
Pledge of Allegiance.
(3)
Opening Board comments.
(4)
Presentations/communications.
(5)
Public hearings (if any).
(6)
Approval of minutes of previous meetings.
(7)
Reports of officers, committees, and department heads.
(8)
Public comment period (agenda items only).
(9)
Opening of bids (if any).
(10)
Old business.
(11)
New business.
(12)
Appropriations, budget, and payment of bills.
(13)
Auditing.
(14)
Closing Board comments.
(15)
Executive session (if needed).
(16)
Adjournment.
C.
The order of business need not be followed if the Supervisor determines
that it is necessary to deviate.
A.
The Supervisor shall preside at meetings. In the Supervisor's
absence, the Deputy Supervisor shall preside. The presiding officer
may debate, move and take other action that may be taken by other
members of the Town Board.
B.
Town Board members are not required to rise but must be recognized
by the presiding officer before making motions and speaking. Motions
require a second. A member, once recognized, shall not be interrupted
when speaking unless it be to call the member to order. If a member,
while speaking, is called to order, such member shall cease speaking
until the question of order is determined, and if in order, such member
shall be permitted to proceed.
C.
There is no limit to the number of times a member may speak on a
question.
D.
Motions to close or limit debate may be entertained but shall require
a 2/3 majority vote.
A.
The public shall be allowed to speak only during a public hearing
or during the public comment period of the meeting or at such other
times as a majority of the Town Board shall allow.
B.
Speakers must give their name, address and organization, if any.
C.
Speakers must be recognized by the presiding officer.
D.
Town Board members may, with the permission of the Supervisor, interrupt
a speaker during his or her remarks, but only for the purpose of clarification
or information.
E.
All remarks shall be addressed to the Town Board as a body and not
to any member thereof.
F.
Speakers shall observe the commonly accepted rules of courtesy, decorum,
dignity, good taste and shall additionally observe the Rules of Conduct
and Decorum as passed by the Town Board.
G.
Interested parties or their representatives may address the Town
Board by written communications. Written communications shall be delivered
to the Clerk or to his or her designee. Speakers should not read written
communications verbatim but should summarize their contents.
H.
Citizens with disabilities who require assistance in attending any
meeting or in furnishing comments and suggestions should contact the
Town Clerk to request such assistance.
All members of the public and all public officials are allowed
to tape or videotape public meetings. Recording is not allowed during
executive sessions. The recording should be done in a manner which
does not interfere with the meeting.
Meetings shall be adjourned by motion.
Where applicable, and not in conflict with Town law or any other
laws of the State of New York, the Rules of Order set forth in the
most recent edition of Robert's Rules of Order will govern the
introduction of business, debate and decorum of Town meetings.
The foregoing procedures may be amended from time to time by
a majority vote of the Town Board.
