Village of Elmira Heights, NY
Chemung County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Elmira Heights: Art. I, 1-17-1977; Art. II, 4-21-1983. Amendments noted where applicable.]
[Adopted 1-17-1977]
In compliance with Article 7 of the Public Officers Law,[1] the Village Clerk is hereby directed to give notice of all meetings of this Board of Trustees as follows:
Contents of notice. Notice shall be in writing, identifying this Board of Trustees and stating the type, date, time and place of the meeting or meetings, that the meeting or meetings are open to the public and that it is given in compliance with the Public Officers Law.
Public notice. A copy of each required notice shall be posted within the time hereinafter provided in not less than three conspicuous places within the village where the public is apt to frequent and thus most likely to reach the residents of the municipality.
Editor's Note: See §§ 100 through 111.
[Amended 12-6-1979]
Pursuant to the provisions of Article 7 of the Public Officers Law, the bulletin board in the lobby of the village offices giving public access to the office of the Village Clerk/Treasurer be and it hereby is designated as the public location for the posting of public notice of all meetings of this Board of Trustees.
[Amended 12-6-1979]
The Village Clerk be and he or she hereby is directed to cause public notice of all meetings of this Board of Trustees to be posted at said public location and to be given to the news media as provided in said Article 7.
On the same day as it is posted, the copy of the notice of regular meetings shall be mailed to each of the area news media that reasonably report public business, and accompanying such notice shall be a letter advising that, upon request, notices will be given of special or other nonscheduled meetings, with such requested notice to be given either by mail or by telephone as shall be practicable at a reasonable time prior to such a meeting.
Notice of the remaining regularly scheduled meetings for the current official year shall be given within five days hereof and, for all future official years, within five days of each annual organizational meeting for the next official year.
Notice of all nonscheduled meetings shall be given as soon as practicable after the Clerk is advised of the time and place.
There shall be filed in the Clerk's office a copy of each notice, with a memorandum of posting and mailing or telephoning as is appropriate.
[Adopted 4-21-1983]
It is deemed to be in the best interest of the taxpayers and the government of the Village of Elmira Heights to adopt the following rules for Board of Trustees procedure:
All matters to be acted upon by the Board at its regular meetings must be submitted, in writing, to the Village Clerk's office before 9:30 a.m. on each Tuesday preceding each regular meeting of this Board. The requirement that these matters be submitted in writing shall not apply to the Mayor or to the Village Attorney.
No new matters of village business which must be acted upon by this Board submitted to the Clerk's office between 9:30 a.m. on Tuesday and the next regular meeting of this Board will be considered by this Board until the following regular meeting except upon motion of a Trustee and the unanimous approval of all the members of the Board present, including the Mayor, who shall be entitled to vote thereon as a member of the Board.
On Tuesday morning of each week preceding each Board meeting, the Village Clerk or assistant shall prepare an agenda for the next regular meeting of the Board and deliver or mail it on Tuesday to the Mayor, each Trustee, the Village Attorney and news media designated by the Mayor.
The agenda must be followed in the order as established unless otherwise approved by a majority vote of the Board. Only Trustees and the Mayor shall speak when items on the agenda are being discussed. Any Trustee or the Mayor may request other officials or others who are duly recognized by the Chair to speak from time to time while covering the agenda. Anyone wishing to speak on an agenda item shall give their name and address to the presiding officer when recognized by the Chair prior to any vote by the Board, except where a motion to table or a call for the question has been made. Remarks by such recognized person shall be limited to three minutes.
A motion may be made to lay on the table any item on the agenda, and at such time discussion shall cease. The Village Clerk will call the roll of the Board, and, upon a majority vote, the item shall be tabled. Any item so tabled may be added to an agenda for a subsequent meeting if requested by any member of the Board or it may be placed on an agenda by normal procedure prior to a meeting.
In the event that any member of the Board requests a call for the question, any member of the Board shall be privileged to speak on the subject under consideration before the vote (on "call for the question").
Any agenda item may be amended by fulfilling one of the following requirements:
By majority vote of the members present.
On consent of the sponsor, in which case no vote shall be required.
A member of the Board may withdraw from the agenda prior to any vote any item he or she has sponsored.
Public hearings will be conducted by the Village Attorney or, in his or her absence, by the Mayor or Deputy Mayor.
Any member of the Board may request a recess stating the length of time. Such a request must be approved by a majority of the Board present in order to call the recess.
Any person shall have the privilege of speaking once at a meeting of this Board during the time allotted for the public on the items not on the agenda. The individual must first give his or her name and address, and any remarks shall be limited to three minutes.
A member of the Board may request the presiding officer to rule a speaker out of order.
A motion to adjourn shall not be in order until all items on the agenda have been completed.
All other questions relating to the orderly conduct of meetings shall be decided by the Mayor under Robert's Rules of Order, as revised. An appeal from the ruling may be taken by not less than two Trustees, and in such event the questions shall be put to a vote of the Board, a majority vote shall prevail.