[HISTORY: Adopted by the Town Board of the Town of Concord 5-4-1998.
Amendments noted where applicable.]
The Chair will preside according to the established rules of procedure.
That means that he or she should call items to the floor as necessary, and
should call for motions, seconds, discussion and votes when appropriate. The
Chair is in general charge of procedural regularity, and should rule motions
in or out of order, as well as control public input.
The Board's procedural practice must adhere to certain statutory
mandates. The Board cannot officially convene or meet unless a quorum is present.
A quorum is a majority of the full membership of the Board, counting absentees
and vacancies.
Agendas are valuable tools to the preparation and conduct of a meeting,
but they are not binding in the least. Even with a printed agenda in hand,
a Board may take up matters as it chooses and in whatever order it chooses.
The appearance of a particular item on a printed agenda does not guarantee
its discussion, nor should an item's absence from an agenda prevent it
from being brought up. But the agenda itself is nothing more that a procedural
tool. The bottom line is that an agenda will help get through the meeting
and assist the Board in staying organized.
Any Board member, including the Chairperson, may make or second motions,
may take part in discussion, and may, of course, vote. Contrary to a popular
misconception, the Chair is not required to abstain from voting except to
break a tie. The Chair may vote on any motion, at any time.
The Open Meeting Law also requires that the public be allowed to be
present at the meeting. In practical terms, this means that everyone must
be able to hear and follow the official proceedings. All questions asked by
the public must be directed to the Chairperson.
Current state enabling law provides that members of the Planning Board
are appointed by the governing board, for a term of years equal to the number
of members of the Board. Terms should begin at the start of our municipality's
official year, and end at the end of a future official year. At the end of
your term, you may be replaced for any reason. During your term you may be
removed by the appointing authority only "for cause," and only after sufficient
notice, a statement of charges, and a hearing at which your are accorded an
opportunity to defend yourself.
A.
As a member of a Planning Board, you are a "public officer."
All public officers must act and perform in an ethical fashion. What are the
standards which govern ethical conduct under the enabling statutes? General
Municipal Law, Article 18, establishes several requirements. First, it prohibits
a public officer from having any interest in a private contract with his or
her municipality, if he or she has the power or duty to "(a) negotiate, prepare
authorize or approve the contract or authorize or approve payment thereunder;
(b) audit bills or claims under the contract; or (c) appoint an officer or
employee who has (any of those powers or duties)." An "interest" means "a
direct or indirect pecuniary or material benefit accruing to a municipal officer
or employee as the result of a contract with the municipality which such officer
or employee services."
B.
Being a public officer means you are held to a number of legal
requirements: You must be at least 18 years old, you must be a United States
citizen, and a resident of the municipality on whose board you serve. Attendance
is mandatory. Any member who is absent for four regular scheduled meetings
will be dismissed, unless it has been for medical reasons.
C.
Every member of our Planning Board should be trained in the knowledge
and skills required to review development proposals. These range from a grounding
in legal procedure to the technical elements of map reading and the review
of environmental data.
