[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.
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.
Minutes of Board meetings will be recorded verbatim.
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.
HYBRID MEETING
MEETING
PHYSICAL PRESENCE
QUORUM
VIRTUAL PRESENCE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A meeting at which there is a mix of physically present and
virtually present members participating.
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.
When the minimum number for a quorum of members are physically
present to conduct the meeting.
A majority of the members of the Town Board.
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.
