[Code 1964, § 2-24]
(a)
Introduction. Every local law shall be introduced by a member or
on the report of a committee.
(b)
Endorsement. Every local law shall have endorsed on the local law
a statement of its title with the name of its introducer.
(c)
Superseded provisions of prior laws. If a local law purports to supersede
an existing provision of the Charter or of another state law it shall
indicate in the next to the last section of the local law the particular
provision which is to be superseded.
(d)
Amendment to existing local law. If a local law purports to amend
an existing local law, it shall show all the new matter underscored
and all the matter to be eliminated in brackets, and, when the local
law is printed or reprinted, all new matter must appear in italics
and all matter to be eliminated in brackets.
(e)
Filing and reading. Every local law introduced shall be deposited
with the Clerk and shall be read in its order of introduction when
the order of business, "introduction of local laws," shall be reached.
(f)
Function of Clerk. The City Clerk shall be and act as the Clerk of
the Common Council when the Council is sitting as a legislative body
for the enactment of local laws.
(g)
Duties of Clerk. The Clerk shall cause every local law, immediately
upon its introduction, to be copied or printed and placed on the desks
of the members. The Clerk shall assign to each local law, as introduced,
its consecutive number. The number shall be retained as an introductory
number. The City Clerk, who is the Clerk of the Common Council, shall,
within three days after the taking effect of a local law, file a certified
copy of the local law in the office of the Secretary of State. Local
laws when and as passed shall be assigned consecutive numbers by the
City Clerk.
(h)
Majority vote required. No local law shall be passed except by the
affirmative vote of at least a majority of the total membership of
the Common Council.
(i)
Manner of voting. On the final passage of a local law, the question
shall be taken by ayes and nays which shall be entered in the journal
of proceedings.
(j)
Compliance with state law. The procedure for adoption of local laws
shall comply with Article 3 [§ 20 et seq.] of the Municipal
Home Rule Law.
(k)
Referral to committee. Local laws hereafter introduced may be referred
by the Common Council to appropriate committees of the Common Council
that are already in existence under the present rules or under rules
hereafter adopted.
[Code 1964 § 2-23 (I through XXII); amended in
its entirety 1-3-2022 by Res. No. 9]
The following Rules of Order be, and they hereby are designated
as the Rules of Order of the Common Council of the City of Utica for
the ensuing two years.
(a)
The members of the Common Council and the President of the Common
Council shall meet prior to each regular and special meeting. The
meeting shall be chaired by the Majority Leader of the Common Council,
who shall endeavor to conduct the meeting so as not to delay the commencement
of the regular and/or special meeting set forth herein.
(b)
The pre-meeting conference is for the purpose of discussing
and reviewing new legislation, legislation that is in the Committee
of the Whole, and any other matters regarding City business, issues,
and/or concerns that the members of the Council have determined to
require their attention at that time.
[Amended 1-5-2022 by Res.
No. 5]
(c)
The premeeting conference is advisory in the same manner as Committee of the Whole meetings. The adoption of a resolution, ordinance, or local law, or any amendments thereto may only occur at a regular or special meeting of the Common Council as provided in the Rules of Order, Section 3.002 of the Utica City Charter and Sections 33 and 34 of the Second Class Cities Law.
[Amended 1-5-2022 by Res.
No. 5]
(d)
The Chairperson of the Committee of the Whole shall report upon
the status of legislation that has been referred to the Committee
of the Whole.
[Amended 1-5-2022 by Res.
No. 5]
Regular meetings of the Common Council of the City of Utica,
New York, shall be held in the Common Council Chambers in City Hall
at 7:00 p.m. If the second day of January shall fall on a Saturday
or Sunday, then the first regular meeting shall be held on the following
day at the same hour or no later than the first Wednesday in January.
Thereafter all regular meetings will be held on the first and third
Wednesday of each month at approximately 7:00 p.m. During the months
of July and August, the regular meeting fixed for the third Wednesday
of the month shall be held at the call of the President of the Common
Council. The Common Council may adjourn any regularly scheduled meeting
of the Council to some later convenient time.
[Amended 1-5-2022 by Res.
No. 6]
Special meetings of the Common Council may be called by the
President of the Common Council or a majority of its members of the
common council by causing a written notice thereof, specifying the
objects of the meeting, to be served by the City Clerk upon each member
personally, by the Police Department and/or by mail or text directed
to the member at said members address or email address. Or place of
business at least 72 hours before the time fixed for said meeting.
The common council may, at its regular meeting, give notice of the
date and time of a special meeting.
(a)
Whereas democracy relies upon the participation of elected officials
and constituents alike, at the beginning of each Common Council meeting,
the Common Council shall provide 30 minutes of public comment. The
time shall be allotted for those nonmembers who wish to express their
views on anything pertaining to City business.
(b)
No person or group will be allowed to consume the entire period allotted.
(c)
The timekeeper shall be the President of the Common Council. No speakers
shall receive more time than is allotted. If a group appears and it
is clear that the group would consume the entire time allotted, then
the group is instructed to choose two speakers to speak on their behalf
and be given four minutes each. The remaining 22 minutes will be divided
equally among the remaining persons who have signed up to speak.
(d)
The President of the Common Council will preside over the public
comment period. The following is prohibited:
(1)
No speaker shall use profane language.
(2)
No speaker shall make derogatory/disparaging remarks about elected
officials, officials such as department heads and members of the Corporate
Counsel's office, members of the City Clerk's office or other offices
and appointees.
(3)
No person shall attempt to engage the President, members of
the Council or other to engage in a debate.
(4)
No speaker is allowed to make derogatory/disparaging comments
about anyone's race, religion or other orientation.
(5)
No person shall shout, swear or make threatening remarks that
are addressed to anyone, nor will a person be allowed to engage in
hostile conduct.
(e)
The President of the Common Council has the authority to discontinue
or end the time allotted to a speaker who violates one or more of
the above rules. Should a person make threatening remarks or act in
a threatening manner, the President of the Common Council may request
that they stop and remove themselves from the podium. In an extreme
case the President may request that said person be removed from the
Council Chambers.
(f)
A copy of the rules shall be posted at the podium, and each speaker
shall attest to having read the rules and will comply with said rules.
A majority of all the elected Council members shall constitute
a quorum for the transaction of business.
(a)
Clerk call the roll following the Presidents call to order.
(b)
Pledge of allegiance and moment of silence for deceased Council members.
(c)
Reading of the minutes from the previous meeting, to be read by the
Clerk.
[Amended 1-5-2022 by Res.
No. 7]
(d)
Public hearings (if any).
[Amended 1-5-2022 by Res.
No. 7]
(e)
Public comment period.
[Amended 1-5-2022 by Res.
No. 7]
(f)
Common Council guests.
[Amended 1-5-2022 by Res.
No. 7]
(g)
Communications from the Mayor, to be read by the Clerk.
(h)
Report of City officers (general call).
(i)
Petitions, remonstrances and appeals.
[Amended 1-5-2022 by Res.
No. 7]
(j)
Introduction of new legislation, to be read by the Clerk, the sponsoring
Councilmember(s), or a designee thereof, in the order it appears on
the agenda to the premeeting conference.
[Amended 1-5-2022 by Res.
No. 7]
(k)
Introduction of legislation in Committee of the Whole by the Chairperson
of the Committee of the Whole that said Chairperson offers for adoption.
[Amended 1-5-2022 by Res.
No. 7]
(l)
Tabled legislation, including but not limited to local laws, to be
read by the Clerk for consideration and/or adoption if a quorum so
desires.
[Amended 1-5-2022 by Res.
No. 7]
(m)
Adjournment.
[Amended 1-3-2022 by Res.
No. 10; 1-5-2022 by Res. No. 8]
(a)
The Committee of the Whole shall consist of all members of the Common
Council.
(b)
All legislation that is placed into committee shall be placed into
the Committee of the Whole.
(c)
Any Council member who wishes to convene a meeting of the Committee
of the Whole shall do so if they have obtained a quorum that has been
confirmed by the City Clerk to each Council member via a written notice
provided no less than 72 hours before the meeting.
(d)
Should the Chairperson of the Committee of the Whole and the Vice
Chairperson of the Committee of the Whole be unable to attend any
meeting of the Committee of the Whole, a presiding officer for that
meeting shall be chosen amongst the Council members present at that
meeting by simple majority.
[Amended 1-3-2022 by Res.
No. 10; 1-5-2022 by Res. No. 9]
The Common Council shall select from its members one person
to serve as Chairperson of the Committee of the Whole. The Chairperson
of the Committee of the Whole shall be responsible for all legislation
that has been referred to the Committee of the Whole and shall have
the following duties:
(a)
Establishing the dates and times of the standing meetings of the
Committee of the Whole under the purview of Sec. 3-2-49.1(a), provided
that a quorum is in agreement.
(b)
Serve as the presiding officer of all standing meetings of the Committee
of the Whole and any other meetings of the Committee of the Whole,
so attended.
(c)
Any questions and/or concerns regarding legislation that has been
submitted to the Committee of the Whole by referral.
(d)
Entertain requests made by any Council member regarding the appearance
before the Committee of the Whole of any department heads and/or other
personnel pertinent to the committed legislation.
(e)
Present committed legislation to the Council for consideration and/or
adoption at any regular and/or special meeting of the Common Council.
[Amended 1-3-2022 by Res.
No. 10]
The Common Council shall select from its members one person to serve as Vice Chairperson of the Committee of the Whole, provided that that person is not also selected to serve as Chairperson of the Committee of the Whole. In case of the absence or disability of the Chairperson of the Committee of the Whole, the Vice Chairperson shall discharge the responsibilities and duties of the position of Chairperson of the Committee of the Whole as found in Section 3-2-48 until such time as the Chairperson has returned.
[Added 1-5-2022 by Res.
No. 10]
(a)
The Committee of the Whole shall have bimonthly standing meetings in accordance with Section 3-2-48(a).
(b)
Only the Chairperson of the Committee of the Whole may modify
the dates and/or times of the standing meetings of the Committee of
the Whole, provided that a quorum is in agreement.
(c)
The dates and/or times of the standing meetings of the Committee
of the Whole may be modified no sooner than 72 hours before the next
standing meeting.
(d)
Upon establishment and/or modification of the dates and/or times
of the standing meetings of the Committee of the Whole, written notice
shall be given to the Clerk by the Chairperson to be distributed to
the Council President and all Council members.
(e)
The Chairperson of the Committee of the Whole is responsible
for setting the agenda of the standing meeting by way of written memo
sent to the Clerk and distributed to all Council members no less than
72 hours before said meeting.
(f)
Any Council member sponsoring legislation that is in the Committee
of the Whole may request, in written notice to the Chairperson of
the Committee of the Whole, for their legislation to be added to the
agenda of the standing meeting of the Committee of the Whole, provided
that written request is given no less than 96 hours before said meeting.
(g)
If any member of the Common Council is unable to attend a standing
meeting of the Committee of the Whole, written notice must be provided
to the Clerk no less than 72 hours before said meeting. The Clerk
shall forward that notification to the Chairperson of the Committee
of the Whole in a timely manner.
[1]
Editor's Note: Former Section 3-2-49.1, Committee member,
was repealed 1-3-2022 by Res. No. 10.
In the absence of the President and the President Pro Tem and
the majority and minority leader of the Council in that order, the
Clerk shall call the Council to order and if a quorum is present,
the Common Council shall elect one of its members, in the order set
forth above to conduct the Council meeting. The member chosen/and
or the City Clerk as being last in order, shall conduct the meeting
in the same manner as the President of the Common Council.
(a)
No member shall be absent from a session of the Common Council before
adjournment without leave of the presiding officer.
(b)
Member absenteeism.
(1)
Any member who is absent from regularly scheduled meetings on
three consecutive occasions or absent from four meetings out of six
consecutive occasions, without good cause, shall be liable to censure
by the Council and/or subject to sanctions by said Council.
(2)
The Council shall determine what is good cause at a hearing
with the member, with particular emphasis on medical disability and
family emergencies.
(3)
Any member sanctioned for absenteeism in violation of this subsection,
shall be liable to a fine in an amount to be determined by the Council,
not to exceed 1/22 of such member's annual gross salary for each missed
meeting.
(4)
The provisions of this subsection and the sanctions herein shall
not preclude the Council from proceeding with any other remedies or
procedures provided in state or local statutes, including those of
the New York State Second Class Cities Law.
Any rule of the Common Council may at any time be temporarily
suspended for special reasons by majority vote of all of the members
of the Council, except when such a suspension is specifically prohibited
in any rule. No permanent alteration may be made without notice specifying
the object of the change, and such notice of alteration shall be given
at a previous meeting.
(a)
When a member of the Common Council or a department head or any elected
official is called to order, he or she shall immediately sit down
and cease all verbal communications, and the presiding officer shall
pass upon the point of order.
(b)
Anyone refusing to cease all verbal communication by the presiding
officer shall be deemed to be in contempt of the Common Council and
shall be liable to censure by the Common Council.
(c)
The Chair of any official proceeding of the Common Council, whether
committee, premeeting conference, or meeting, shall reserve the right
to temporarily censure any member in contempt until the current main
motion is rescinded, voted on, tabled, or otherwise complete.
[Added 6-1-2022 by Res. No. 3]
Any member refusing to vote on any question, unless excused
by unanimous consent of the Common Council, shall be deemed to be
in contempt of the Council and shall be liable to censure by the Council.
The request to abstain must have a valid reason for consideration
by the Common Council.
After any question is decided by the Common Council, it shall
be in order for any member of the Council voting in the majority only,
to move its reconsideration at the same meeting. All subsequent meetings
if a motion for reconsideration is lost it shall not be renewed a
third time except upon a unanimous vote of the members of the Common
Council. No question may be received for the remainder of the Council
member's term, if it has been presented and failed to be reconsidered
as set forth above.
[Amended 1-5-2022 by Res.
No. 11]
(a)
All legislation submitted to the City Clerk shall be distributed
to the Common Council President, all Council members, and the Common
Council Attorney for legal review.
(b)
All legislation submitted to the Clerk must have a sponsor. Any Council member may request to be a cosponsor and any member may move to have the legislation read as sponsored by the entire body. Legislation submitted under the purview of Section 3-2-59(a) shall be cosponsored by the majority and minority leaders.
(c)
Any legislation that does not have a specific sponsor and is submitted
to the Clerk for distribution to the Council by various City departments
shall have the majority leader and minority leader noted as the sponsors.
If legislation is to be submitted to the Clerk by a City department,
a representative of that department must first obtain sponsorship
for the legislation by at least one member of the Common Council.
[Added 1-5-2022 by Res.
No. 12]
When new legislation is submitted to the Clerk, the sponsor(s)
of the legislation may request at the time of submission and in written
notice to the Clerk, for the legislation to be placed into the premeeting
conference agenda.
(a)
All communication and legislation to be considered at a regular meeting
of the Common Council shall be submitted to the Council via the Clerk,
no later than noon on the fifth day (excluding Sunday) before the
next regular meeting. Exceptions to this rule include and are limited
to: proclamations, traffic legislation that has written approval from
the Utica Police Department, beer and wine permits, Commissioner of
Deeds requests, Board of Estimate and Apportionment transfer legislation
that has been approved by the Board of Estimate and Apportionment,
property sales contracts approved by the Urban Renewal Agency.
[Amended 1-5-2022 by Res.
No. 13]
(b)
Time permitting, requests to waive this rule must be accompanied
by a written explanation of why such a waiver is necessary.
(b)
Each of the several motions set forth above shall have precedence
in the order here stated.
(c)
Motions to adjourn, to fix the hour of adjournment, to move the previous
question and to lay on the table shall be decided, without debate
and without amendment, except that a motion to fix the hour of adjournment
may be amended as to the hour.
(d)
Motions to postpone indefinitely shall not be amended and motions
to adjourn to a day certain may only be amended as to the time of
reconvening.
(e)
Motions to commit may be amended only as to the committee committed
to and as to instructions and powers given the committee. At the time
a motion to amend is made there shall be allowed only amendments to
the original proposition, an amendment to that amendment and an amendment
by way of substitution for the whole original proposition and pending
amendments.
The priority of business shall be as the Common Council as set
forth herein. Said priority may be changed from time to time by an
appropriate motion adopted by the majority of the members of the Common
Council.
(a)
Upon any questions before the Common Council, the Chair shall rise
in his place and after stating the question shall take the vote and
declare his judgment as to the result of the vote, subject to appeal
to the Council. When any appeal shall have been made from any ruling
of the Chair, the Chair shall submit the following questions to the
Council: "Shall the decision of the Chair stand as the judgment of
the Council?"
(b)
This question shall be determined by a majority vote of the Council.
In the event of the refusal of the Chair to entertain such an appeal,
the same shall be submitted to the Council by the Clerk.
(a)
The previous question shall be put as follows: "Shall the main question
be now put?"
(b)
Until the previous question is decided, all amendments or debates
shall be precluded. When, on taking the previous question, the Council
shall decide that the main question shall not now be put, the main
question shall be considered as still remaining under debate. The
main question shall be on the passage of the ordinance, resolution,
or other matter under consideration, but when amendments are pending,
the question shall first be taken on such amendments and in their
order.
If the question contains several distinct and divisible propositions,
any member may have the same divided, but a motion to strike out and
insert shall not be divisible under this rule.
Any motion may be withdrawn by the mover before it is decided
or amended, but in such case, any member may renew the motion at any
time.
Every member rising to debate, give a notice, make a motion,
report or present any paper shall first address the Chair and shall
not proceed further until audibly recognized by the Chair.
The rules of parliamentary practice contained in the Robert's
Rules of Order, Revised for Deliberative Assemblies, shall govern
the Common Council in all cases not provided for in these rules.
A Common Council member may attend all Committee meetings and
is required to attend Common Council meetings. If a member in unable
to attend, he or she shall notify the City Clerk of his or her absence
in writing and to be read a part of general communications. Any missing
of three consecutive Common Council meetings or four out of six consecutive
meetings will allow the Common Council to consider censure of the
Council person.
(a)
The Common Council dedicated space at the rear of the premeeting
room and beyond the Council barrier in the Council chambers so as
not to interfere with the conducting of business by the members of
the Common Council. All videotaping of Council proceedings by members
of the media, Council persons or any other persons shall be conducted
in the designated area of the Common Council premeeting room and beyond
the barriers provided separating the Council persons' desks from the
general public.
(b)
Judicial decisions indicate that any person present may record an
open meeting (using either an audio or video recorder) so long as
the use of recording device is not disruptive or obtrusive.
(c)
The Common Council has determined that adequate space is designated
for said recording and said space shall be utilized for that purpose.
That the public, the media, and even members of the council may stylized
the designated place for video or audio. A resolution of the Common
Council, of No. 12 of April 4, 2012, defines said permitted use.
(d)
The Common Council does provide for and pays for from its budget
the televising of Common Council regular meeting held in the Council.
(e)
The televised proceedings of regular meetings of the Common Council
are and shall be deemed the property of the Common Council and may
not be used for political or campaign purposes or to be used in any
paid commercial advertisements.
