City of Lebanon, NH Council Rules

Member must notify the City Manager's office at least 24 hours in advance of the meeting, unless impractical, so that necessary communications equipment can be arranged. Inability to make the necessary technical arrangements may result in the inability of the member's remote attendance.

Each part of a meeting required to be open to the public shall be audible or otherwise discernable to the public at the location specified in the meeting notice as the location of the meeting. Each member participating electronically or otherwise must be able to simultaneously hear the other members physically present or participating electronically during the meeting and shall be audible or otherwise discernable to the public in attendance at the meeting's location.

(3)

If participation is not in person, the member must state the reason such attendance is not reasonably practical, and that information must be included in the minutes of the meeting.

(4)

Sufficient security and identification procedures be employed, either at the outset of any meeting or at any time during the meeting as appropriate, to ensure that any and all members attending for discussion or voting purposes are in fact an authorized member with the right to speak and vote.

(5)

The person not in attendance shall identify the persons present (if any) in the location from which the member is participating.

(6)

If a member of the Council is participating by electronic or other means of communication, all votes must be recorded by roll call vote.

(7)

Electronic or other means of communication can include, but due to changing technology are not limited, to telephone/speakerphone/conference calls and computer audio/video conferencing.

§ A191-2 Temporary Chair.

In case of the absence of the Mayor and Assistant Mayor, the Clerk shall call the Council to order. If a quorum is found to be present, the Council shall choose one of its members to act as Chair.

§ A191-3 City Clerk.

[Amended 3-30-1994; 5-16-2012]

The City Clerk or his/her designee shall be ex officio clerk of the Council and shall keep minutes of the meeting and perform such other and further duties in the meeting as may be ordered by the presiding officer of Council. Copies of the minutes of meetings shall be furnished to each Councilor with the agenda of the next meeting.

§ A191-4 Legal counsel.

[Amended 4-18-1990]

Designated legal counsel shall attend any meetings of the Council when requested by the Mayor or City Manager. Any member of the Council, upon notification to the City Manager, may call upon Counsel for an oral or written opinion to decide any question of law or parliamentary procedure.

§ A191-5 Robert's Rules of Order.

[Amended 2-6-1991; 7-19-1995; 4-21-2004; 6-5-2019]

Robert's Rules of Order (most recent Edition) shall be used in all Council deliberations except as modified herein.

§ A191-6 Raise hand to be recognized.

Councilors do not have to stand to move motion or second.

§ A191-7 Agenda.

[Amended 5-7-1986; 7-19-1995; 6-3-1998; 4-18-2007; 4-15-2009]

As stated in § A191-1 above, the Council shall meet in regular session on the first and third Wednesdays of every month at 7:00 p.m. Agendas for Council meetings are the responsibility of the City Manager and the Mayor.

Submission deadlines:

The first Wednesday of the month will be the date in which the agenda is set for the meeting on the first Wednesday of the next month.

The third Wednesday of the month will be the date in which the agenda is set for the meeting on the third Wednesday of the next month.

Any Councilor wishing to have an item placed on an agenda must submit said item (in its proper format by utilizing a City Council Agenda Request Form, provided by the City Manager's Office) to the City Manager's Office by noon on the Tuesday preceding the Wednesday on which the agenda is to be set.

[Amended 4-20-2011]

Items of an urgent nature which require special attention or are in need of immediate action by the Council may be placed on any agenda at the discretion of the Mayor and/or City Manager.

§ A191-8 Order of business.

[Amended 6-21-1978; 4-7-1982; 5-7-1986; 4-6-1988; 3-27-1991; 6-23-1993; 7-19-1995; 5-15-1996; 4-16-1997; 6-7-2006; 9-3-2008; 4-1-2009; 4-20-2011; 5-16-2012; 6-5-2019; 11-4-2020]

The business of all regular meetings of the Council shall be transacted in the following order unless the Council, by a vote of at least 2/3 of the members present, suspends the rules and changes the order.

1.	Call to Order.
2.	Pledge of Allegiance.
3.	Announcement by Mayor. Public forum. "Any member of the public who desires to speak on any agenda item may do so when the item is taken up by the Council and will be allowed to speak on the subject for not more than three minutes. (Note: Speakers are asked to state their name, ward of residence and to use the microphone provided.")
4.	Open to public.
5.	Recognitions.
6.	Acceptance of minutes.
7.	Appointments.
8.	Public hearings.
	a.	Presentation.
	b.	Mayor opens public hearing.
	c.	Questions and comments by the public.
	d.	Mayor closes public hearing.
	e.	Council deliberation and action.
9.	Old business.
10.	New business.
11.	City Manager report.
12.	Council representatives to other bodies report.
13.	Future agenda items.
14.	Nonpublic sessions.
15.	Adjourn.

§ A191-9 Budgetary summary.

[Amended 3-1985; 4-20-2011; 5-2-2012]

On a quarterly basis, and within the months of October and November, the City Manager shall submit a budgetary summary to the City Council. Discussion of the summary shall be placed on the agenda of the next Council meeting following submissions.

§ A191-10 Motion to be stated by presiding officer; withdrawal. [1]

[Amended 7-19-1995; 5-16-2012]

When a motion is made and seconded it shall be repeated upon request by the presiding officer before debate. At his/her discretion the presiding officer may request motions to be put in writing. A motion may not be withdrawn by the mover without the consent of the member seconding it and the approval of the Council.

[Amended 11-4-2020]

The presiding officer may at any time, by a majority vote of the members present, permit a member to introduce an ordinance, resolution or motion out of the regular order.

Editor’s Note: Former § A191-10, Furnishing copies of minutes, was repealed 4-20-2011. This amendment also renumbered former §§ A191-11 through A191-15 as §§ A191-10 through A191-14, respectively.

§ A191-11 Communications.

[Amended 12-9-1992; 7-19-1995; 6-16-2004; 5-2-2012]

Unattributed communications shall not be introduced in Council meetings. Information advocating a certain position obtained from constituent contact may be introduced at Council meetings if the name of the source is given. Electronic and written communications from any Councilor to four or more members shall constitute public comment and shall be transmitted to the City Manager's office for public record.

With the exception of the Mayor's use of City letterhead, stationery, or official City insignia for resolutions or proclamations, members of the City Council may only use such for purposes officially approved by the Council.

§ A191-12 Permission required to address Council.

[Amended 4-7-1982; 11-4-2020]

Persons other than members of the Council and City officers shall be permitted to address the Council. A time limit of three minutes shall be in effect. The speaker shall not enter into a debate with any person, Mayor or Council member and shall speak only on a subject on that particular agenda item.

§ A191-13 Rules: adoption, amendment and suspension.

[Amended 7-19-1995]

Each newly seated Council by motion shall formally adopt the Council Rules and Regulations currently in place.

[Added 4-20-2011]

These rules may be amended or new rules adopted by a 2/3 vote of all members of the Council. Any such alterations or amendments shall be submitted in writing at the preceding regular meeting and shall be placed on the calendar under the order of new business.

These rules may be suspended by a vote of 2/3 of those members present and voting. The purpose for suspension must be clearly stated before the vote is taken, and 2/3 of the members present and voting must declare the matter one of such priority that it would be detrimental to hold it over until the next regular meeting.

[Amended 4-20-2011]

§ A191-14 Appointment of Council representatives to other bodies.

[Amended 4-20-2011; 5-16-2012]

The Mayor shall designate and appoint representatives from the City Council to other bodies, including City boards, committees and commissions, as the need arises.

§ A191-15 Council appointments to City boards, committees, commissions.

[Amended 11-7-1979; 8-2-1995; 9-18-1996; 5-21-2003; 4-2-2008; 5-16-2012; 12-2-2015; 6-5-2019]

When vacancies occur on City boards, committees, commissions, either by resignation, removal or lapse of term, applications received by the City Clerk will be forwarded to the City Council in a timely manner in order for vacancies to be filled as quickly as possible.

All appointments shall be acted upon by the City Council as authorized by the City Code, the City Charter and New Hampshire law.

The following procedure will be followed for board, commission and committee appointments and reappointments:

For initial appointment, the applicant shall fill out the standard application form.

For reappointment, the applicant can update the current form on file or complete a new updated application form.

(3)

One member of the City Council shall interview applicants for initial appointment within 30 days of receiving the application from the City Clerk and report to the full Council prior to any nomination for appointment. Applicants for reappointment to the same board, committee, or commission may be nominated for reappointment without completion of an interview with a City Councilor.

[Amended 11-16-2022]

(4)

While one City Councilor is officially assigned to interview each applicant, any City Councilor may interview any applicant for any position to better inform their decision.

§ A191-16 Constituent-Council contacts.

[Added 5-13-1992]

Council members shall use the process outlined on the attached flow chart for constituent contacts.[1]

Editor's Note: The flow chart is included as an attachment to this chapter.

§ A191-17 Confidential materials.

Classification.

In the event that materials need to be classified as confidential, a standard will be applied by the City administration to determine if a compelling purpose exists to require that the materials be confidential and that public disclosure of the materials would serve to undermine the interest of the City. The City administration's determination of confidentiality shall be made in accordance with RSA 91-A.

[Amended 5-21-2003; 4-20-2011]

Some examples where materials would be classified as confidential would include positions in labor negotiations, personnel matters involving a right of privacy and settlement discussions of pending litigation.

(3)

In order to ensure that the government of the City of Lebanon conducts its affairs in public and not in private, and that the citizens' deliberation on public affairs in Lebanon be as fully informed as practically possible, hereby be it resolved, that the City promptly release to the public all legal opinions received hereafter by the City, including, but not limited to, memoranda from any legal counsel to the City, and opinions received by the City in private consultation with legal counsel (as allowed under RSA 91-A:2, Meetings Open to Public, I(c), Consultation with legal counsel), except that the following shall only be released at the discretion of the City Manager and City Council:

[Added 5-15-2002]

(a)

Opinions pertaining to the dismissal, promotion or compensation of any public employee or the disciplining of such employee, or the investigation of any charges against the employee.

[Amended 4-1-2009]

(b)

Opinions pertaining to the hiring of any person as a public employee.

(c)

Opinions which, if released to the public, would likely affect adversely the reputation of any person other than a City Councilor.

[Amended 4-1-2009]

(d)

Opinions pertaining to the consideration of the acquisition, sale or lease of real or personal property which, if released to the public, would likely benefit a party or parties whose interests are adverse to those of the City.

(e)

Opinions pertaining to the consideration or negotiation of claims or litigation which has been threatened in writing or filed against the City.

(f)

Opinions pertaining to matters before quasi-judicial boards of the City.

(g)

Opinions which, in the judgment of the City Manager and City Council, could potentially cause harm to the City if released.

Treatment of classified materials. When materials are classified as confidential, they will be identified and marked as "Confidential" and transmitted to the City Council in sealed envelopes marked as "Confidential." The reason for the confidential classification will be noted on the materials.

[1]In the event that a significant portion of a document may be made available to the public without compromising the portions of a document which are necessary to be maintained as confidential in accordance with Subsection A of this policy, then such portion(s) shall be made available to the public with only the confidential portion(s) classified.

[Amended 6-19-1996; 5-21-2003; 4-20-2011]

Editor's Note: Former Subsection C, Declassification of confidential materials, was repealed 6-20-2012. Said amendment also redesignated former Subsection D as Subsection C.

§ A191-18 Attendance at seminars, workshops, etc.

[Added 4-20-2011[1]]

Any Councilor who wishes to attend (at the expense of the City) a seminar, workshop, or other function designed to improve their ability to serve on the City Council (or their respective board, committee, or commission) must first confirm with the City Manager that funds are available for use. If funding is in place, the following options are available:

[Amended 11-4-2020]

Self-register for the event and request reimbursement after attending.

If Option (2) is exercised, reimbursement is only guaranteed if confirmation of funding was requested in advance of attending and proper documentation, according to the City's Purchasing Policy, is submitted with the reimbursement request.