[Amended 1-5-1976; 12-3-2007; 1-18-2022]
Regular meetings of the Alden Town Board shall be held at 7:00 p.m. on the first and third Mondays of each month unless said first or third Monday is a legal holiday, in which events such regular meeting shall be held at 7:00 p.m. on the following day. Each regular meeting and all adjourned sessions shall be open for consideration of any matter which, in accordance with the law and these rules, may be properly brought before the Town Board.
Special meetings of the Alden Town Board shall be held at the call of the Supervisor, with due notice to all members, or as otherwise provided by law. The only business which may be transacted at a special meeting shall be that business which is specified in the written notice of said special meeting.
A majority of the duly constituted membership of the Alden Town Board shall constitute a quorum for the transaction of business, but a less number may adjourn.
In the absence of a quorum during a session of the Alden Town Board, the Supervisor may take such measures as provided by law and as he may deem necessary to secure the presence of a quorum.
At every session of the Alden Town Board, upon being called to order by the Supervisor, the roll of members shall be called by the Town Clerk, and the names of those absent shall be inserted in the minutes. The minutes of the preceding meeting shall then be offered, to the end that any corrections, alterations or additions may be made. In all cases where an order, resolution, motion or other item of business shall be entered in the minutes, the name of the member presenting or moving the same shall be entered.
A. 
The order of business of each meeting of the Council shall be as follows:
[Amended 12-3-2007; 1-7-2013]
(1) 
Pledge of Allegiance.
(2) 
Calling the roll of Board members by the Clerk.
(3) 
Offer of the minutes and synopsis of the proceedings of previous meetings.
(4) 
Approval of vouchers.
(5) 
Business from the floor.
(6) 
Presentation of communications from Board members and other Town officials.
(7) 
New business.
(8) 
Unfinished and tabled business.
(9) 
Reports of committees, officials, and personnel.
(10) 
Announcements from the Supervisor.
(11) 
Notice of meeting.
(12) 
Memorial remembrance.
(13) 
Adjournment.
B. 
Such incidental business as an invocation, pledge of allegiance to the American flag and acknowledgements or introductions may be transacted at any appropriate time during the meeting, at the discretion of the Chair.[1]
[1]
Editor's Note: Former § 7, Presentations to be in writing and signed, which immediately followed this section, was repealed 1-7-2013.
[Amended 12-3-2007; 1-7-2013; 4-16-2018; 1-7-2020; 1-18-2022
All resolutions and motions (except incidental ones) shall be submitted to the Town Clerk before 12:00 noon on Thursday for presentation at the regular meeting on the following Monday, unless said Thursday is a legal holiday, in which event all matters shall be presented to the Town Clerk before 12:00 noon on Wednesday. All matters presented to the Clerk in accordance with this rule shall be included on the agenda for the ensuing meeting. The agenda for the ensuing meeting shall be prepared and available at the Town Hall not later than 12:00 noon on the last business day preceding the ensuing meeting. The Town Board shall not consider nor act upon any matters which are not timely or scheduled on the agenda delivered to the Town Board members as aforesaid, except by unanimous consent by all members of the Board. This rule need not apply to special meetings, which are covered in § 2 and in § 62 of the Town Law of the State of New York.
The Supervisor shall take the chair promptly at the hour specified for the convening of each session of the Town Board and shall preserve order and decorum. In debate, he shall prevent personal reflections and shall confine members to the question under discussion. He shall decide all questions of order, which decisions shall be final unless an appeal is taken to the members of the Board and sustained.
On every appeal, the Supervisor shall have the right to assign his reasons for his decision. If the question on which the appeal is taken was not debatable, then the Board shall decide the case without debate. If debatable, no member shall speak more than once. The Supervisor shall put the question: "Shall the ruling of the Chair be sustained, and the decision of the Chair stand as the judgement of this Board?" In the event of a tie vote, the ruling of the Chair shall be deemed sustained.
In the absence of the Supervisor from any meeting of the Alden Town Board, the Deputy Supervisor shall set as Chairman for the purposes of each Board meeting, as provided by law. In the absence of the Supervisor and the Deputy Supervisor, an acting Chairman shall be selected as provided by law.
Anyone wishing to address the Board may have the privilege of the floor during the portion of the agenda set aside for that purpose. No person shall have the privilege of the floor at other times during Town Board meetings unless unanimous consent of all Board members be given therefor.
The Supervisor may refer any petition, resolution or other matter to a committee of the Town Board which he may appoint under the law, and he may similarly refer to the Town Attorney any legal proceeding brought against the Town.
While the Supervisor is putting a question or while the roll is being called on any question, no member shall speak or leave his place. The Supervisor shall allow opportunity for debate before the roll is called.
[Amended 1-3-2012]
At least two affirmative votes shall be necessary to pass any matter, and at least two negative votes shall be necessary to defeat any matter, as provided by law. Thus, a tie vote shall result in the matter remaining on the table, except as provided in § A371-9.
All questions relative to priority of business shall be decided by the Supervisor without debate, and his decision shall be final unless reversed by a majority of the Board.
As provided by law, a majority vote of the entire membership of the Board shall be necessary to carry any question, proposition, resolution, motion or any other matter, except where it is otherwise provided herein or by law that a 2/3 vote or other vote larger than a majority is required.
As provided by law, the yeas and nays shall be called on each question. Each member's vote shall be recorded and entered upon the minutes.
If the question in debate contains several distinct propositions, the same shall be divided by the Supervisor on his own motion or at the request of any member, to the end that a vote may be taken on each proposition, but a motion to strike out and insert shall be deemed inadvisable.
Every member who shall be in the Town Hall when a question is stated by the Supervisor shall vote. A member may be excused if he be directly, or indirectly, interested in the question.
No member wishing to speak shall proceed until he shall have addressed the Supervisor and shall have been recognized by him.
These rules may be suspended at any time during a session by unanimous consent of all members of the Town Board; however, the member requesting such suspension must state the purpose for which the suspension is asked. A separate suspension shall be necessary for each separate question to be discussed or acted upon.
Any resolution or motion offered by a member may be withdrawn by the member presenting it at any time before an announcement by the Supervisor of the vote thereon or before an amendment to such resolution or motion has been adopted. Any matter offered by a person who is not a member of the Town Board may be withdrawn only by the person who offered it, and it must be withdrawn in writing.
[Amended 1-3-2012]
A motion for reconsideration shall not be in order unless made on the same day or on the session day next succeeding that on which the action proposed to be reconsidered took place. A motion to reconsider must be made by a member who voted with the prevailing side on the action proposed to be reconsidered. When a motion to reconsider has been decided, it shall not be again submitted to the Town Board without unanimous consent of the three members.
[Amended 1-3-2012]
A motion to rescind shall be entertained only when moved by a member who voted with the majority in the action which it is proposed to rescind, and adoption of such motion to rescind shall require the affirmative vote of at least two members.
On all points of order not governed by these rules, the revised edition of Robert's Rules of Order shall prevail. The rules of the Town Board shall apply to all meetings of committees of the Board.
As provided by law, the Supervisor may appoint such committees of the Town Board as he desire. The Supervisor shall be an ex officio member of all such committees, with a vote thereon. All committee reports shall be filed in writing.
All committees shall act promptly on all matters referred to them.
All appointments made by this Board shall remain on the table for one week except for appointments made at the beginning of the year for the purpose of organizing the Town Government and except for the reappointment of incumbents, which may be acted upon immediately. All appointments requiring mere confirmation by this Board may be acted upon immediately if they are timely filed with the Town Clerk.
No solicitation of funds shall be had, and no subscription paper shall be circulated during a Town Board session.
[Amended 1-3-2012]
These rules shall not be rescinded, altered nor amended, nor any additional rules added thereto, except by a 2/3 vote of all members of the Board, and only after at least two weeks' notice being given of the motion therefor, which notice shall contain the text of the change.