[HISTORY: Adopted by the Municipal Council of the City of
Taunton 10-29-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. A501, Municipal Council Rules and
Orders, adopted 10-23-2001, as
amended, was repealed 10-15-2019.
A.
Regular meetings of the Municipal Council shall be held at 7:00 p.m.
on each Tuesday within the chambers of the Taunton Municipal Council
or on such other time in the week or location as shall be fixed by
a standing order of the Municipal Council.
B.
Special meetings of the Municipal Council may be called by the Mayor,
the President of the Municipal Council, or by the City Clerk upon
written request signed by five members of the Municipal Council, by
causing notice to be sent by the City Clerk to each member. Any special
meeting called pursuant to this rule shall require that notice be
sent to each member of the Municipal Council at least 48 hours prior
to the meeting. Special meetings of the Municipal Council may be called
upon less than 48 hours' notice in the case of an emergency, and with
the consent of 2/3 of all the members. Special meetings are to be
posted in the same manner as regular meetings, except in the case
of an emergency.
A.
The original of any message, communication, ordinance, resolution,
vote or other measure to be considered by the Municipal Council shall
be delivered to the office of the City Clerk before 10:00 a.m. on
the date that notice of the meeting is required to be posted under
Massachusetts law preceding any meeting of the Municipal Council.
Such submission is a prerequisite to any item's consideration at such
meeting. Notwithstanding the above, any member of the Municipal Council
may submit any communication that was not included within the agenda.
Any request or submission to be on the agenda is to include the name
and address of the person or entity submitting said communication
to be reviewed.
B.
It shall be the duty of the City Clerk to prepare and cause to be
printed for each meeting a listing of all matters submitted.
C.
Items not on the agenda but placed on the Councilors' desks that
evening or otherwise raised at the meeting will either be referred
to a particular committee or referred to a subsequent meeting.
[Amended 12-20-2022]
D.
To the extent possible, the Clerk is to email any ancillary documents
that are placed on the Councilors' desks as early as possible prior
to the meeting.
E.
The Council may suspend the rules if there is a vote of six to take
certain matters under consideration.
F.
Public input shall be a standing agenda item. Individuals who wish
to have their matters addressed by the Council may submit a form prescribed
by the Municipal Council to the office of the City Clerk by 10:00
a.m. on the date that notice of the meeting is required to be posted
under Massachusetts law preceding any meeting of the Municipal Council.
Individuals who wish to provide public input on matters on the meeting
agenda or not appearing on the agenda may sign up in advance as stated
above or may register prior to the start of the meeting in the location
of said meeting. The public may bring up any matter and, as to matters
not appearing on the agenda, the same will be referred to the appropriate
committee or City department for discussion or action.
[Added 12-20-2022]
A.
The Mayor, when present, shall at the hour appointed for the meeting
call the members to order.
B.
In the absence of the Mayor, or at his or her request, the President
of the Municipal Council shall preside; and in the absence of both,
the most senior member then present shall preside as Chairperson Pro
Tempore. If the Chairperson Pro Tempore is unable to preside, the
most senior member present shall preside. Seniority for anyone elected
after January 1, 2017, who is not currently serving on the Council
shall be based on consecutive years served. Any ties in seniority
will be broken by drawing lots.
C.
The Presidency of the Municipal Council shall rotate on a yearly basis and the selection shall be made at the first regular meeting of January of each new year. The President of the Municipal Council shall be the most senior member of the Municipal Council who has not yet served as the President of the Municipal Council. Seniority shall be consistent with Subsection B, above. In the event that two or more members have equal seniority, the President shall be chosen by drawing lots. No person shall serve a second term as President of the Municipal Council until all members have served one term, unless the Councilor otherwise eligible to be President declines, and in that case, the most senior Councilor will be nominated to be Council President by a majority vote. Seniority shall be consistent with Subsection B, above.
D.
Whoever presides over the meeting of the Municipal Council shall
preserve decorum and order, may speak to points of order in preference
to members, and shall decide all questions of order subject to an
appeal to the Municipal Council by motion, regularly seconded, and
no other business shall be in order until the question on the appeal
shall have been decided. He or she shall declare all votes, but if
any member doubts the vote, the Chair without further debate upon
the question shall require the members voting in the affirmative and
negative, respectively, to indicate by a show of hands until they
are counted, and he or she shall then declare the result, but no such
declaration shall be made unless a quorum of the Municipal Council
shall have voted.
A.
In the absence of the Mayor and President of the Municipal Council,
the Chairperson Pro Tempore, and in his or her absence the senior
member present shall call the Municipal Council to order.
B.
The City Clerk shall attend and keep the records of all the meetings
of the Municipal Council, record the names of the members present,
and have the care and custody of the City records, and of all documents,
maps, plans and papers appertaining to the proceedings of the Municipal
Council, when no other provision is made therefor. He or she shall,
whenever requested by the Mayor or President, read such ordinances,
orders, resolutions, petitions, or other papers as may be presented,
for the information of the Municipal Council. The City Clerk shall
prepare notices and summonses upon members of the Municipal Council
and the Clerk of Council Committees shall prepare notices and summonses
upon members of the various committees thereof when so directed by
the Chair of a committee or other lawfully authorized person and the
expenses incidental to the preparation of such notices and summonses
and the delivery and services thereof shall be paid by the City Clerk.
C.
In the absence of the City Clerk, the Assistant City Clerk shall
act, and in the absence of both, a Clerk Pro Tempore shall be chosen
by the Municipal Council who shall be sworn to the faithful performance
of his or her duties.
[Amended 12-20-2022]
At every meeting of the Municipal Council, unless otherwise
determined by a majority of the members present, the order of business
shall be as follows:
A.
Pledge of Allegiance.
B.
Invocation.
C.
Calling the roll of members.
D.
Reading of the records for specific dates to be specified in the
agenda.
E.
Public
input.
F.
Hearings.
G.
Communications from the Mayor.
H.
Appointments.
I.
Communications and reports from City officers.
J.
Communications in the hands of Councilors.
K.
Presentation of petitions, memorials and remonstrances.
L.
Reports of committees.
M.
Unfinished business of preceding meetings.
N.
Orders, ordinances, and resolutions.
O.
New business.
Every member when about to speak shall respectfully address
the Chair, confine himself or herself to the question under debate
and avoid personalities. The member who has the floor shall address
the Municipal Council through the Chair and shall not directly address
any other member.
When two or more members raise their hands or indicate in another
fashion at the same time, the Chair shall name the member who shall
be first heard. Any decision of the Chair pursuant to this rule is
appealable by the Council.
When a question is under debate, the Chair shall receive no
motion except to adjourn, to lay on the table, to take from the table,
the previous question, to postpone to a day certain, to commit, to
amend, or to postpone indefinitely; which several motions shall have
preference in the order herein stated. The motion to adjourn, motion
to lay on the table, motion to take from the table, motion to suspend
the rules, point of information, point of order, and the previous
question shall be decided without debate; every effort will be made
to stay on topic, to make your argument concisely at the discretion
of the Chairperson. A motion to adjourn shall be in order at any time
except on an immediate repetition or pending a verification of a vote.
A.
No motion or proposition of a subject matter different from the one
under consideration shall be admitted under the color of an amendment.
Any motion, order or resolution which in the opinion of the presiding
officer does not have a direct bearing on the business of the Municipal
Council, or which has been previously debated and acted upon in the
past 12 months, shall be referred to the Committee of the Whole, and
shall not be further considered by the Council except upon report
by that Committee. There shall be no appeal from the decision of the
Chair hereunder, and this rule shall not be subject to suspension,
except with a supermajority of six votes by a future Council within
a twelve-month time frame.
B.
The Committee of the Whole may report that any motion, order or resolution,
so referred to it, is out of order for the reasons stated above; and
its report shall be the final disposition of the matter, subject to
an appeal. Such appeal shall be governed by the same provisions as
those governing appeals from rulings of the presiding officer.
Every motion shall be reduced to writing if requested by the
presiding officer or any three members of the Council.
On all questions and motions the Chair shall take the sense
of the Municipal Council by yeas and nays, whenever any six members
present shall so request by moving the previous question or when no
member wishes to speak on the question or motion. Upon a request by
six members that the previous question be ordered, the Chair shall,
without further debate upon the question, require the members voting
in the affirmative and negative, respectively, to indicate by a show
of hands. No motion on the previous question shall be in order until
all Councilors, who so desire, have spoken at least once on the question
or motion.
The Chair shall propound all questions in the order in which
they are moved, unless the subsequent motion shall be previous in
its nature, except that in naming sums and fixing times, the largest
sum and the longest time shall be first put.
After a motion is stated or read by the Chair it shall be deemed
to be in possession of the Municipal Council and shall be disposed
of by vote; but the mover may withdraw it at any time before a decision
or amendment.
Any member may require the division of a question when the sense
admits it.
No rule or order of the Municipal Council shall be suspended
unless six or more of the members present consent thereto, by roll
call.
Voting by roll call shall proceed alternately from Number 1
seat to Number 9 seat, and from Number 9 seat to Number 1 seat, when
the roll is called by the City Clerk.
All incidental questions of order arising after a motion is
made for the previous question shall be decided without debate except
on the appeal; and on such an appeal no member shall be allowed to
speak more than once without leave of the Municipal Council.
No member speaking shall be interrupted by another but by a
point of order for explanation. No member shall be interrupted while
speaking but by a call to order. When a member is called to order
he or she shall immediately relinquish the floor, and the Municipal
Council, if appealed to, shall decide in the case without debate;
and if the decision is against the member, he or she shall not be
permitted to speak, unless by way of excuse for the same, until he
has made satisfaction.
A.
No member shall engage in any business or transaction or shall have
a financial or private interest, direct or indirect, which is in conflict
with the proper discharge of his or her official duties. No member
shall enjoy any professional or business benefit not similarly made
publicly available to any member of the public or any other business.
A member who has a direct or indirect financial or other private interest,
distinct from the public interest, in any proposed legislation shall
publicly disclose, on the official record of the Council, the nature
and extent of such interest, and upon so doing shall be excused from
voting on the said question.
B.
Every member, except as above, who shall be on the Municipal Council
when a question is put shall vote yea or nay, unless the Municipal
Council for special reasons excuses him or her.
The question having been taken, it shall be in order for any
member to move reconsideration thereof at the same meeting, or any
member may give notice of his intention to move a reconsideration
at the next regular meeting and if such notice be given, no subsequent
motion thereupon to reconsider the pending question shall be entertained;
but no more than one motion for the reconsideration of any vote shall
be permitted.
All communications to the Council that are two eight inch by
11 1/2 inch pages or less in length shall be read unless a majority
of the Council dispenses with the said reading. Attachments to the
main letter need not be read.
The seats of the Municipal Council shall be numbered and assigned
by lot at the organizational meeting of the Municipal Council which
shall be the first meeting of a duly seated and newly elected Municipal
Council; no member shall change his or her seat but by permission
of the presiding officer.
A.
All standing committees shall consist of between three and nine members.
B.
The role of each committee shall be to provide a forum for in-depth
review and analysis of all City departments, boards, agencies, and
to provide a means for residents of the City of Taunton to address
their concerns with regard to services provided by the City of Taunton.
C.
Committees shall focus upon (1) public policy, (2) efficiency of
service delivery, and (3) cost containment, it being the goal of City
government to provide appropriate services while ensuring that public
moneys, which derive from our citizenry, are spent wisely and cautiously.
D.
Each committee shall recommend such changes in the ordinances or
statutes as will provide the greatest necessary services for the tax
moneys expended.
E.
There shall be appointed standing committees as follows:
(1)
Committee of the Whole (nine members), which shall concern itself
with any litigation involving the Municipal Council and all other
matters referred to it. The committee shall exercise general oversight
over the Office of the Mayor.
(2)
Finances and Salaries (three members), which shall exercise
general oversight with respect to revenues and expenditures of the
City of Taunton and all other component units with the exception of
the budget for the Taunton School Department. The Committee may report
to the Council the cost of the implementation of any order, ordinance,
program or other initiative pending before the body, and shall make
such report whenever requested by another committee or directed to
do so by the Council; shall be referred to it all matters concerning
appropriations, the City budget, expenditures and loans; and, further,
no appropriation, budget expenditure or loan shall be voted out of
Committee except upon a majority vote of its members. The Committee
shall exercise oversight with respect to the Assessing, Auditing,
Collector, the Treasury Department, and Budget Director.
(3)
Department of Public Works (five members), which shall concern
itself with any matters that are within the purview of the Department
of Public Works. The Committee shall exercise general oversight with
respect to the Department of Public Works.
(4)
Public Property (five members), which shall concern itself with
any matters relating to or affecting all public buildings or other
public property. The Committee shall exercise general oversight with
respect to the Building Department.
(5)
Fire Department (three members), which shall exercise general
oversight with respect to the Fire Department.
(6)
Police and Licenses (three members), which shall exercise general
oversight with respect to the Police Department. The Committee shall
concern itself with any matters that relate to the granting, review,
renewal or revocation of licenses granted by the City. The Committee
shall concern itself with transportation policies for the City, including
issues related to parking, traffic flow on City streets, and hackney/jitney
licenses.
(7)
Elderly Affairs and Human Services (three members). The Committee
shall concern itself with the provision of services to elderly persons
and the special problems of aging, including personal safety, access
to health care, the promotion of independent living, home health services,
nutrition and transportation. The Committee shall exercise general
oversight with respect to the Human Services Department.
(8)
Public Charity, Arts, Humanities and Tourism (three members).
The Committee shall also concern itself with charitable issues relating
to the City and City employees, and the encouragement of the arts
and humanities within the City. The Committee shall exercise general
oversight over the Taunton Cultural Council.
(9)
Ordinances and Enrolled Bills (three members), which shall exercise
general oversight with respect to the Law Department, the City Clerk,
Department of Human Resources, and workers' compensation and group
insurance matters. The Committee shall concern itself with organization
and structure of City government, including departmental fees and
charges. The Committee shall have referred to it all proposed ordinances
and special laws affecting the structure, duties, and responsibilities
of all City departments, agencies, and commissions.
(10)
Needs of the Taunton Municipal Lighting Plant (three members).
The Committee shall concern itself with all energy and utility related
issues that arise within the City.
(11)
Youth and Recreation (three members). The Committee shall concern
itself with the provisions of services to children and adolescents
in Taunton. The Committee shall work to strengthen cooperation among
City, state and private agencies engaged in providing youth services
and to expand support for public and private youth activities and
programs.
(12)
Economic Development and Technology (three members). The Committee
shall concern itself with the physical and economic development of
the City, job training and opportunities stemming from new and planned
development, public policy involving housing issues, the relationship
of the City to SRPEDD and other regional and state planning agencies,
and the effect of large scale development on neighborhoods and the
people of Taunton. The Committee shall also concern itself with telecommunications,
new technologies, information technology, computer technology and
the internet. The Committee shall explore ways for all City departments
to become more effective and efficient in the use of computer technology
for the benefit of residents of the City. The Committee shall exercise
general oversight with respect to the Information Technology Department,
the Industrial Development Department, the Mayor's Office of Community
Development, the Mayor's Office of Economic Development, and the Senior
Planner.
(13)
Needs of the Airport (three members). The Committee shall concern
itself with transportation and use issues involving the Taunton Municipal
Airport.
(14)
Zoning (three members). The Committee shall concern itself with
the zoning ordinances of the City.
(15)
Public Health and Environmental Affairs (three members). The
Committee shall concern itself with the public health issues of Taunton
residents, including the impact of industry on public health. The
Committee shall also concern itself with the natural resources of
the City, including wetlands. The Committee shall involve itself with
all matters relating to the problems of air, land and water pollution,
and open space conservation. The Committee shall also concern itself
with the issues relevant to natural disasters occurring in the City
of Taunton.
(16)
Solid Waste (five members). The Committee shall concern itself
with recycling and other resource recovery efforts; protection from
improper storage, transportation and disposal of wastes, and especially
hazardous and infectious wastes. The Committee shall exercise general
oversight with respect to the operation and management of the Taunton
Landfill.
(17)
Americans with Disabilities Compliance (three members). The
Committee shall concern itself with achieving compliance with the
state and federal guidelines established by the Americans with Disabilities
Act. The Committee shall exercise general oversight with respect to
the Americans with Disabilities Act Coordinator and the Taunton Commission
on Individuals with Disabilities.
(18)
Golf Course Commission Representative (one member). The Council
member shall attend meetings of the Golf Course Commission and shall
concern himself or herself with the efficient management and operation
of the John F. Parker Municipal Golf Course.
(19)
Downtown Taunton Foundation/Business Improvement District Representative
(one member). The Council member shall be a member of the Committee
on Economic Development and Technology. He or she shall attend meetings
of the Downtown Taunton Foundation/Business Improvement District and
shall concern himself or herself with the development of a vibrant
business climate for downtown Taunton.
(20)
Veterans and Military Affairs (three members). The Committee
shall concern itself with all matters pertaining to veterans, veterans'
organizations, and military affairs and related City departments and
divisions.
A.
All committees shall be elected by the Municipal Council. At the organizational meeting of the Municipal Council, the Chair Pro Tempore shall preside. The Clerk of Council Committees shall establish a ranking of seniority for members of the Council. Seniority shall be consistent with § A501-3B, above.
B.
Once the ranking has been established, each Councilor shall choose
his or her committee assignment. The first block shall be the Chair.
The second block shall be the Vice Chair. The selection shall continue
until all positions on the respective committees have been assigned.
C.
No person may serve as the Chair of a committee of the Municipal
Council for a period in excess of four consecutive years. This provision
shall only apply to the first round of committee selection.
Meetings of committees may be called by the Chair or by the
Clerk of Council Committees upon the written request of two members
of the committee. If the Chair fails to call a meeting of a committee
within 10 days from the time a subject has been referred to it, any
two members may call such meeting.
A.
No meeting of any committee shall be called upon less than 48 hours
from the time the Clerk of Council Committees shall have mailed the
notices or dispatched them by special messenger or sent by email.
The Clerk of Council Committees, upon the scheduling of a committee
hearing, shall promptly post a record of the time, place and subject
matter of such hearing and shall cause a written notice thereof to
be delivered to all Councilors.
B.
The sponsor(s) of the various committee proposals shall be given
an opportunity to make the initial presentation.
C.
All committees that meet at a time other than a regularly scheduled
Council meeting may be televised at the discretion of the Chairperson.
A.
The Taunton Municipal Council hereby recognizes that in the performance
of its official duties as representative leaders of the community
it must at all times conduct itself in such a manner as to generate
respect for City government and its citizens. Accordingly, its shall
be a rule of the Taunton Municipal Council that all invited guests,
department heads and advisers shall be treated by each and every Councilor
with courtesy and respect at all times whether in agreement or disagreement
with the views or recommendations they may make.
B.
If a Councilor engages in conduct that violates this rule he or she
shall be ruled out of order by the Chair of that committee and shall
relinquish the floor. If the Chairperson of any committee engages
in conduct that violates this rule as determined by the members present
at the meeting, he or she shall be asked to step down as Chair until
he or she can conduct themselves in compliance with the code of conduct
rule.
Committees shall cause records to be kept of their proceedings
in books provided by the City for that purpose. No committee shall
act by separate consultation, and no report shall be received unless
agreed to in committee actually assembled.
A.
It shall be the duty of all committees to whom a subject may be specially
referred to report thereon within three weeks from the time such subject
is referred to them, or at the next meeting thereafter, or ask for
further time. Any and all reports of committees to be considered by
the Municipal Council must be in writing prior to acceptance.
B.
The Chair must distribute the committee report to all members of
the committee for review and the reports must be submitted to the
City Clerk by 2:00 p.m. on the Friday prior to the next scheduled
Council meeting.
A.
No committee shall sit during the meeting of the Municipal Council
without special leave. A committee may sit immediately prior to the
meeting of the Municipal Council and immediately thereafter. Any and
all committee meetings that are convening at the appointed time of
the Municipal Council meeting may recess for the commencement of the
Municipal Council meeting.
B.
Committees may sit on any day selected by the Chair of the committee
or by the selection, in writing, of two members of the committee.
A.
All petitions for appointments that are made upon nomination of the
Mayor and confirmation of the Municipal Council shall, when received,
be referred to the Mayor.
B.
The confirmation of the appointment of the City Solicitor may be,
and all other appointments shall be, deferred until the next regular
meeting of the Municipal Council, after such appointments are made.
C.
No appointment shall be deemed to be in the hands of the Municipal
Council unless the Mayor shall have caused to be placed on the desk
of each member, at the beginning of the meeting, the name of the person
to be appointed and the office.
No Chair of any committee or board shall audit or approve any
bill or account against the City for any supplies or services which
shall not have been ordered or authorized by the committee or board,
except as provided by ordinances.
In all votes which express anything by way of command, the form
of expression shall be "ordered," and when the Council expresses opinions,
principles, facts or purposes, the form shall be "resolved."
Every ordinance which shall be introduced into the Municipal
Council shall be referred to the Committee on Ordinances and Enrolled
Bills, before action is taken thereon, and shall contain a number
which shall be assigned to it by the City Clerk. The draft of every
new ordinance to be reported to the Municipal Council by the Committee
on Ordinances and Enrolled Bills, whether reported by a majority or
a minority of that Committee, shall be first submitted by the Committee
to the City Solicitor for examination and approval as to form and
legal character. The City Solicitor shall forthwith examine the same,
and if he disapproves of the form and legal character thereof, he
shall thereupon signify his disapproval thereon, and return the same
to the Committee; and if he approves of the form and legal character
thereof, he shall signify his approval thereon, and transmit the same
to the City Clerk, who shall cause the same to be printed in the usual
form of printed ordinances and shall mail a printed copy thereof or
email a copy through City email and not personal email, showing thereon
the approval of the City Solicitor, to the Mayor, the City Solicitor
and to each member of the Municipal Council, at least three days before
the meeting at which the report is to be offered. If, after the draft
of a proposed ordinance has been returned to the Committee by the
City Solicitor disapproved, and after further consideration the Committee
or a minority thereof decide to report the ordinance to the Municipal
Council unchanged, the draft shall thereupon be filed with the City
Clerk, who shall cause the same to be printed and printed copies showing
thereon the disapproval of the City Solicitor mailed or emailed, through
City email and not personal email to the Mayor, City Solicitor, and
each member of the Municipal Council in the same manner hereinbefore
provided for ordinances approved by the City Solicitor.
No ordinance or substitution of an ordinance may be adopted
at the meeting at which it is submitted. This rule may only be suspended
with unanimous consent.
Every ordinance, and all resolutions and orders which impose
penalties or involve the raising, appropriation or expenditure of
money, shall have two separate readings before they shall be finally
passed; and no ordinance, resolution or any such order shall have
more than one reading on the same day, except under the suspension
of this section.
Every ordinance shall pass through the following stages before
it shall be considered as having received the final action of the
Municipal Council: first reading, second reading-passage to be enrolled,
and passage to be ordained. After its passage to be enrolled, the
ordinance shall be enrolled by the Clerk, and if the ordinance has
been amended during any reading then the ordinance shall be duly examined
by the Committee on Ordinances and Enrolled Bills, and upon report
of such Committee that it is truly and properly enrolled, the question
shall be upon its passage to be ordained. Any ordinance shall be considered
to be enrolled and so reported by the Committee on Ordinances and
Enrolled Bills, if the same shall be in print and found by the Committee
to conform to the draft as passed to be enrolled. If the ordinance
has not been amended during any reading, the question shall be upon
its passage to be ordained without a subsequent examination by the
Committee on Ordinances and Enrolled Bills. No ordinance shall be
amended after its passage to be enrolled, but may be rejected at any
stage of its progress.
Whenever an ordinance, order, resolution or vote shall be passed
by the Municipal Council which is required by law to be presented
to the Mayor, the City Clerk shall present the same after its passage
without unnecessary delay, and shall enter upon the record of the
Municipal Council the day upon which the same was presented and approved.
Cell phones, tablets and any other electronic devices shall
not be used in the Council chambers during Council meetings for personal
use except in the case of an emergency. Further, cell phones and other
electronic devices shall at all times be utilized in a courteous and
respectful manner.
All Councilors must adhere to G.L. c. 30A, §§ 18
through 25, inclusive, the Massachusetts Open Meeting Law, and to
G.L. c. 66, §§ 10 through 10A, inclusive, the Massachusetts
Public Records Law, as the same now exist or may be from time to time
amended.
Unless inconsistent with any provision of these rules, the proceedings
of the Council shall be governed by Robert's Rules of Order, current
edition.
It is the intention of these procedural rules that they be passed
as a standing order of the Municipal Council and not as ordinances
of the City of Taunton. These procedural rules are intended to govern
proceedings before the Council, and do not create, and are not intended
to create, any substantive rights in any third persons whatsoever.
If any amendments to these rules are proposed, such amendments shall
be subject to any and all rules regarding the amendment and passage
of orders.
