[HISTORY: Adopted by the Common Council of
the City of Peekskill 3-8-1999 (Ch. 14 of the 1984 Code).[1] Amendments noted where applicable.]
GENERAL REFERENCES
Suspension of quorum requirements during disaster — See Ch. 28.
Code of Ethics — See Ch. 48.
[1]
Editor's Note: This ordinance also repealed
former Ch. 14, Common Council Rules, adopted 1-1-1974, as amended.
These rules of procedure shall be supplemental
to the Peekskill City Charter. Any conflict between these rules of
procedure and the Peekskill City Charter shall be resolved in accordance
with the Peekskill City Charter.
[Amended 5-8-2000]
A.
The Common Council shall hold regular meetings on
the first, second, third and fourth Monday of each month, except the
months of July and August. All such regular meetings shall be open
to the public except those portions thereof held in executive session.
During the regular meetings held on the first and third Monday of
each month, the Common Council shall sit as a Committee of the Whole
in a work session. During the regular meetings held on the second
and fourth Monday of each month, the Common Council shall sit, for
a portion thereof, as a Committee of the Whole in a work session and,
for a portion thereof, in its full capacity as Common Council. Committee
of the Whole work sessions shall be held in the office of the City
Manager at City Hall unless otherwise designated by the Common Council.
All other Common Council meetings shall be held in the Council Chamber
unless otherwise designated by the Common Council. The time of commencement
of all meetings shall be set by the Common Council from time to time,
and a listing thereof shall be posted on the bulletin board in the
lobby of City Hall and made available to the public in the office
of the City Clerk at least three days before any meeting scheduled
thereon.
B.
Any deviation of the foregoing subsection shall be
determined by the Common Council. The Committee of the Whole shall
be considered a standing committee.
Special meetings of the Common Council are all
those Council meetings other than regular meetings. A special meeting
may be called by the Mayor or any two Council members upon notice
to the entire Council. Notice shall be given by telephone, in person
or in writing so that it is received at least two days prior to the
date fixed for the meeting.
A quorum shall be required to conduct business.
A quorum of the seven members of the Council shall be four. In the
absence of a quorum, a lesser number may adjourn and compel the attendance
of the absent members.
Executive sessions shall be held in accordance
with the New York State Public Officers Law, § 105.
A.
The City Manager shall prepare or cause to be prepared
an agenda for all regular meetings of the Common Council, which shall
be in detail form so as to provide the Mayor and members of the Common
Council with information concerning business to be transacted at the
meeting. Said agenda shall include any resolutions or appointments
submitted by the Mayor or members of the Common Council, provided
that same shall have been discussed at a meeting of the Committee
of the Whole prior to the regular meeting for which any such resolutions
or appointments shall be included on the agenda. The Mayor and members
of the Common Council shall submit copies of all resolutions or appointments
to the City Manager in sufficient time in advance so that the agenda
may be prepared before the time specified herein. The agenda for each
meeting shall be prepared and served either personally or by mail
upon the Mayor and each member of the Common Council on or around
5:00 p.m. on each Friday of the week preceding the date of the regular
meeting. Copies of the agenda are to be sent at the same time to the
press and radio.
B.
No resolution or business shall be transacted at the
regular meeting of the Common Council unless such resolution or business
appears upon the agenda of the meeting and members of the Common Council
have received the agenda of the meeting within the same time specified
herein. By consent of a majority of the members of the Common Council,
this provision may be dispensed with so that the business or resolution
may be considered and acted upon at such meeting even though not appearing
on the agenda.
C.
The City Manager shall prepare or cause to be prepared
an agenda for all meetings of the Committee of the Whole. On this
agenda shall appear all matters which have been referred by the Common
Council or the City Manager to the Committee of the Whole. This agenda
shall be delivered to the Mayor and the members of the Common Council
at least two days before the meeting of the Committee of the Whole.
Pursuant to the General City Law, each member
of the Common Council shall have one vote. A majority of the totally
authorized voting power is necessary to pass a matter unless otherwise
specified by state law. A vote upon any question shall be taken by
ayes and nays, and the names of the members present and their votes
shall be entered in the minutes.
A.
Minutes of all public meetings shall be taken by the
Clerk. Minutes shall consist of a record or summary of all motions,
proposals, resolutions and any other matter formally voted upon and
the vote thereon. Minutes shall also include the following:
(1)
Name of the Common Council.
(2)
Date, place and time of meeting.
(3)
Notation of presence or absence of Council members
and time of arrival or departure if different from time of call to
order and adjournment.
(4)
Record of communications presented to Council.
(5)
Record of reports made by the Council or other City
personnel.
(6)
Time of adjournment.
(7)
Signature of Clerk or person who took the minutes
if not the Clerk.
B.
Minutes need not contain a summary of the discussion
leading to action taken or include verbatim comments unless a majority
of the Council shall resolve to have the Clerk do so. Amendments to
the minutes shall require Council approval.
A.
The order of business shall be:
(1)
Call to order.
(2)
Roll call.
(3)
Reading and approval of minutes of previous meeting.
(4)
Statements by citizens desiring to be heard (first
segment).
(5)
Communications.
(6)
Department and City Manager reports.
(7)
Reports of standing committee.
(8)
Reports of special committee.
(9)
Old business.
(10)
New business.
(11)
Statements by citizens desiring to be heard (second
segment).
(12)
Adjournment.
B.
The order of business need not be followed if the
Mayor determines that it is necessary to deviate.
The Mayor shall preside at meetings. In the
Mayor's absence the Deputy Mayor shall preside. The presiding officer
may debate, move and take other action that may be taken by other
members of the Council.
[Amended 1-24-2000; 9-12-2011]
The Mayor or, in his or her absence, the Deputy Mayor or his
or her designee shall be the presiding officer of all meetings. The
presiding officer of each meeting shall have, to the fullest extent
provided by New York State law, the sole authority to regulate public
comment at any meeting as he or she, in his or her sole discretion,
shall see fit, including, but not limited to, the authority to set
priority for topics of comment, to recognize persons to make comment,
to extend or limit the time for any person to make comment and to
declare any person to be out of order for failure to follow his or
her directives in this regard. In governing the meeting and regulating
public comment the presiding officer shall consider, but shall not
be strictly bound by, the following guidelines:
A.
The public shall be allowed to speak during the period of the meeting
designated as "Statements by Citizens Desiring to be Heard," or at
such other time as a majority of the Council shall allow, or at public
hearings on local laws, zoning laws and the City budget, or any other
time required by state law or City Charter. Speakers must stand and
come to the podium to speak. Speakers are requested to give their
name, address and organization, if any. Speakers must be recognized
by the presiding officer. During the segment of the meeting designated
"Statements by Citizens Desiring to be Heard," speakers are requested
to limit their remarks to three minutes and will be advised by the
City Clerk when three minutes have expired. Speakers are requested
to conclude their remarks at that time. "Statements by Citizens to
be Heard" is intended to afford persons an opportunity to express
opinions and to bring important matters to the attention of the Common
Council. Although they may, nothing herein shall require the Mayor
or the Council to answer questions or engage in debate at any Common
Council meeting.
[Amended 10-7-2013]
B.
All remarks shall be addressed to the Council as a body and not to any member thereof. Speakers shall observe the rules of decorum set forth in Subsection C of this § 20-12. Interested parties or their representatives may address the Council by written communications. Written communications shall be delivered to the Clerk or his or her designee.
C.
Rules of decorum.
(1)
Purposes of rules of decorum.
(a)
To ensure that meetings of the Common Council are conducted
in a way that allows the business of the City to be effectively undertaken.
(b)
To ensure that members of the public who attend meetings of
the Common Council can be heard in a fair, impartial manner.
(c)
To ensure that meetings of the Common Council are conducted
in a way which is open to all viewpoints and which is protective of
the content of each speaker's speech and expression, yet is free
from abusive, distracting or intimidating behavior.
(d)
To ensure that these rules of decorum are understood by persons
attending Common Council meetings.
(e)
To ban egregious, inappropriate, and obstructive behavior at
meetings of the Common Council.
(2)
Sergeant at Arms. The Chief of Police or the Chief's designee
shall serve as Sergeant-at-Arms at meetings of the Common Council.
(3)
Rules for the speaker.
(a)
The speaker shall conduct himself or herself in a professional
and respectful manner.
(b)
All remarks shall be directed to the Common Council, and not
to City staff or the public in attendance.
(c)
The speaker shall not defame, intimidate, make personal affronts,
make threats of violence, or use profanity.
(4)
Rules for the public. Members of the public in the audience shall
not engage in any of the following activities during a Common Council
meeting:
(5)
Enforcement of rules of decorum.
(a)
The Mayor or presiding officer requests that a person who is
violating a rule cease the violation.
(b)
If the violation continues, the Mayor or presiding officer warns
the person that he/she may be required to leave the meeting room if
the violation continues.
(c)
If the person does not cease the violation and the Mayor or
presiding officer declares the person out of order, the Sergeant at
Arms takes steps to remove such person from the meeting room.
A.
All members of the public and all public officials
are allowed to tape or video record public meetings. Recording is
not allowed during executive sessions. The recording should be done
in a manner which does not interfere with the meeting from a location
established and set aside for such recording.
[Amended 10-7-2013]
B.
The Mayor may make the determination that the recording
is being done in an intrusive manner, taking into consideration, but
not limited to, brightness of lights, distance from the deliberations
of the City Council, size of the equipment and the ability of the
public to still participate in the meeting. If the Mayor makes the
determination that the recording is intrusive and has the effect of
interfering with the meeting, the Mayor may request an accommodation
to avoid the interference and, if not complied with, may ask the individual
to leave the meeting room.
Meetings shall be adjourned by motion.
Any members of the public who violate the rules of procedure set forth in this chapter shall be subject to the penalties specified in § C43a of the City Charter.
The foregoing procedures may be amended from
time to time by a majority vote of the Council.
