The text
Footnotes:
--- (2) --- Editor's note— For composition and authority of the town council, see article III of the town Charter.
Charter reference— Form of government, § 1.02; town council, art. III.
State Law reference— Town councils, G.L. 1956, § 45-5-1 et seq.
Sec. 2-26. - Conduct of town council meetings.#
All town council meetings shall be conducted, consistent with the town council's rules of order, as amended from time to time, in the following manner: (1)
Rule 1—Meetings.
a.
Regular meeting. The regular meeting of the town council shall be held on the second and fourth Wednesdays of the month within the confines of the Town of Burrillville, in accordance with section 3.12 of the Charter.
1.
Councilors who must be absent from regular meetings of the town council should inform the council prior to the meeting, whenever possible.
2.
Councilors asking to be excused shall notify the council president or town clerk.
b.
Special meetings. Special meetings shall be called by the town clerk on the request of the town council president; or as otherwise provided in section 3.13 of the Charter.
c.
Workshops. Workshop sessions shall be called by the town clerk on the request of the town council president. A work session is a meeting of the town council that may include other officials, bodies, agencies or groups. The primary purpose of a work session is to obtain information and exchange ideas rather than to take formal action. Consequently, work sessions are open to the public, but participation is limited to officials, bodies, agencies, groups or individuals invited to participate by the town council. Unless an emergency exists, no official vote on any business may be taken at a work session or informational meeting. If such a vote is taken, the same motion shall be placed on the agenda of the next regular meeting for ratification.
d.
Public hearings. The main purpose of most public hearings is to obtain public testimony or comment. Both proponents and opponents of the proposal are allowed to speak. The town council president may administer oaths to those persons providing testimony at public hearings.
1.
Time of hearings. Notice of all public hearings shall be posted in accordance with the Rhode Island Open Meetings Act and all other applicable state and local laws and ordinances. Public hearings shall be included as part of the regular business of the town council at any regular meeting unless scheduled otherwise by vote of the town council or at the call of the town council president.
2.
Order of business. The order of business for a public hearing may vary, depending upon the type of hearing that is being conducted. The town clerk, under the direction of the town council president, shall list the order of business for public hearings on the appropriate agenda, whether that be a regular meeting agenda or an agenda for a public hearing scheduled by vote of the town council or at the call of the town council president.
(i)
Comments/input from applicant(s)/sponsor(s)/petitioner(s) (as applicable);
(ii)
Comments/input/recommendations from the ordinance subcommittee;
(iii)
Comments/input/recommendation by administration; solicitor, town manager and administrative staff;
(iv)
Proponents;
(v)
Opponents;
(vi)
Closure of the public hearing;
(vii)
Town council deliberation;
(viii)
Vote/decision;
(ix)
Adjournment.
3.
Time limits for oral argument. While these rules do not set forth a specific time limit for comments, the town council president retains the authority to limit the amount of time allotted to each speaker. The town council president will state the rules relative to time limits at the opening of the public hearing.
4.
Rules regarding public testimony.
(i)
All speakers must give their names and addresses.
(ii)
All comments should be addressed to the council president, should be relevant to the subject of the public hearing, and should not be of a personal nature.
(iii)
Speakers should avoid repeating comments made by other speakers or becoming repetitive themselves.
(iv)
If there are a large number of speakers, including many who are part of groups or organizations, a representative should speak on behalf of the organization or group.
e.
Emergency Meetings. In accordance with the Rhode Island Open Meetings Act, "Upon a vote by a majority of the public body, an emergency meeting may be convened 'to address an unexpected occurrence that requires immediate action to protect the public'."
(2)
Rule 2—Presiding officer; duties.
a.
Conduct of meeting. The presiding officer at all meetings of the council shall be the president of the town council, or in the president's absence, the vice president, who shall conduct the business and deliberations of the council under these rules. The town council president and vice president shall be elected in accordance with section 3.08 of the Charter. The town council president shall:
1.
Preserve order and decorum in the council chambers;
2.
Observe and enforce all rules adopted by the council for its government;
3.
Decide all questions on order, in accordance with these rules, subject to appeal by any member to the council;
4.
Recognize any councilor who seeks the floor when that councilor is appropriately entitled to do so. Any councilor wishing to speak must first obtain the floor by being recognized by the town council president. No member shall be recognized and given the floor to speak on the same matter more than once until after all other members of the council have had an opportunity to be recognized and be heard.
5.
Retain the authority, during public comment, to determine whether a speaker's remarks fail to comply with these rules. The town council president shall have the authority to suspend such person's right to speak, subject to the council's right to overrule such decision. The town council president, as a member of the council shall be governed in all matters and issues by the same rules and restrictions as other councilors.
b.
Questioning.
1.
Any member of the council shall have the right to question any individual, including members of the staff, on matters germane to the issue properly before the council for discussion.
2.
Potential disciplinary or personnel matters of the administrative staff shall be referred to the town manager and not discussed publicly.
c.
Agenda items taken out of order. The town council president may, without the necessity of any vote, call for the agenda items out of the prescribed "Order of Business."
(3)
Rule 3—Remarks and debates.
a.
Speaking to motion. Any councilor wishing to speak must first obtain the floor by being recognized by the town council president. No member shall be recognized and given the floor to speak on the same matter more than once until after all other members of the council have had an opportunity to be recognized and be heard. After the motion is put and before the next item is read, a member shall be able to speak briefly to the previous motion.
b.
Courtesy. All speakers, including members of the council, in the discussion, comments, or debate of any matter or issue, shall be courteous in their language and deportment and shall not engage in argumentative, contemptuous or disorderly behavior, or discuss or comment on personalities, or indulge in derogatory remarks or insinuations in respect to any other member of the council, or any member of the staff or the public, but shall at all times confine their remarks to those facts which are germane and relevant, as determined by the town council president, to the question or matter under discussion.
c.
Remedy. The council shall have the power to impose punishment on its members, short of removal of office, for violation of these rules. If a member of the council shall breach these rules, the town council president shall call such member to order, in which case such member shall be silent except to explain or continue in order. Additional consequences may include a verbal admonition, written reprimand, censure, expulsion from the meeting at which the conduct is occurring, or removal of the councilor from the council committee chair positions or committee memberships. Expulsion for such behavior in the council's presence shall require the affirmative vote of a majority of the council, specifying in the order of expulsion the cause thereof.
d.
Town manager. The town manager shall have the right to enter into a discussion of any matter coming before the council.
(4)
Rule 4—Order of business.
a.
Order of business. The order of business shall be as follows:
1.
Pledge of allegiance;
2.
Public comment;
3.
General good and welfare of the Town of Burrillville;
4.
Consent agenda**;
5.
Petitions;
6.
Special business;
7.
Public hearings;
8.
Unfinished business;
9.
New business;
10.
Town clerk/communication;
11.
Reports to be received*;
12.
Additional new business;
13.
Adjournment.
*Reports shall be received monthly and not at each regular meeting of the town council.
**Consideration of minutes shall be part of the consent agenda even if there are no other items on the consent agenda.
b.
Recess. The town council president may call a recess during any regular or special meeting.
(5)
Rule 5—Executive session.
a.
The town council shall follow the letter and the spirit of the Rhode Island Open Meetings Act.
b.
The town council may meet in executive session upon request by the town solicitor, town manager, or any member of the town council.
c.
Electronic devices:
1.
No recording devices of any kind shall be allowed during executive session, with the exception of the equipment used to make an official record of the session.
2.
Listening devices provided to the hearing impaired or for other reasons shall not be removed from the meeting room during an executive session.
d.
Personnel matters involving administrative staff shall only be considered as prescribed by the town Charter, town ordinances, the Rhode Island Open Meetings Act, employee contracts, collective bargaining agreements and personnel policies and procedures.
e.
The Open Meetings Act requires that discussions related to job performance, character, or physical or mental health of a person, which includes administrative staff, shall be conducted only after the person is notified in writing and given an opportunity to have the matter discussed in a public session.
f.
Councilors shall keep confidential all written materials and verbal information provided to them relative to executive sessions until such time as the matter is disclosed publicly, under provisions of the Rhode Island Open Meeting[s] Act.
(6)
Rule 6—Agenda.
a.
The town clerk, under the direction of the town council president, shall prepare the agenda for each session of the council in regular order in accordance with these rules. Such agenda shall include all matters requested by any councilor, the town manager or the town solicitor.
b.
The town council president shall coordinate with the town clerk as to which items submitted by residents, organizations or other individuals shall be included on any agenda.
c.
Proclamations shall be requested through and sponsored by a councilor. Residents, organizations and other individuals requesting a proclamation will be referred to a member of the town council.
d.
Any request for an item to be placed on the agenda must be submitted to the town clerk no later than 4:00 p.m. on the Thursday before a Wednesday meeting. Items for consideration by the council should include name, address and telephone number of the person (or contact person(s) for a group asking) to be included on the agenda and should be accompanied by supporting documentation for review by the councilors prior to the meeting whenever possible.
e.
The agenda for regular meetings will be finalized on the Thursday before a Wednesday meeting, and made available for councilors and the general public on Friday morning after 8:30 a.m. Under unexpected or extraordinary circumstances, with the consent of the town council president, the agenda may be amended after Thursday; but under no circumstances, except as provided for emergency meetings, shall the agenda be amended within 48 hours of a scheduled meeting.
f.
The Town of Burrillville will provide accommodations needed to ensure equal participation. Please contact the Burrillville Town Clerk at least three business days prior to the meeting so arrangements can be made to provide such assistance at no cost to the person requesting it. A request for this service can be made in writing or by calling (401) 568-4300 (voice) or "via RI Relay 1-800-745-5555" (TTY).
g.
When the Burrillville Town Council receives a request for support of a resolution from another Rhode Island City or town council or school committee, the town clerk will determine whether the Burrillville Town Council has taken a position on the proposed legislation.
1.
If the town council has not taken a position on the proposed legislation, the resolution will be included on the town council's agenda for consideration and action.
2.
If the town council has previously taken a position, the resolution will be filed without the necessity of presenting the correspondence to the town council. The town clerk, on behalf of the town council, will, in writing, thank the town council or school committee that submitted the resolution.
h.
Consent agenda. When the town council president determines that any item of business requires action by the council but is of a routine and non-controversial nature, the president may cause such item to be presented as part of a consent agenda at a regular meeting of the council. All items on the consent agenda shall be acted on as one item and equivalent to taking the proposed action on each item individually. There will be no separate discussion of these items unless a council member or citizen so requests in which event a motion and a second will be made and the item will then be withdrawn from the consent agenda and placed in the normal sequence on the agenda.
(7)
Rule 7—Public comment.
a.
Items not included on the agenda. The town council appreciates hearing from citizens about items of interest to the community and desires to set aside time at the start of each council business meeting for Public Comment. In accordance with the Rhode Island Open Meetings Act, councilors and/or the town administration may respond to public comments. However, no vote or other action will be taken on an item that has not been included on the agenda unless such item meets the requirements to add the matter to the agenda on an emergency basis.
b.
Public comment on agenda items. It is the practice of the town council to allow for public input on items included on an agenda at the time the matter is taken up by the town council providing the town council president determines that the speaker's comments comply with these rules.
c.
Rules regarding public comment.
1.
The town council president will recognize members of the public after members of the council have had an opportunity to be recognized and be heard.
2.
Speakers are asked to identify themselves by name and address.
3.
Dialogue between members of the audience is not permitted; comment and testimony are to be directed to the council as a whole and to the council president in particular.
4.
It is understood that a person making a request to speak does so on his/her own behalf. For this reason and to guarantee all persons an ample opportunity to be heard, all speakers will be recognized for the same amount of time. No speaker will be allowed to yield part or all of his/her time to another, and no speaker will be credited with time requested but not used by another.
d.
Courtesy. All speakers during public comment, in the discussion, comments, or debate of any matter or issue, shall be courteous in their language and deportment and shall not engage in or discuss or comment on personalities, or indulge in derogatory remarks or insinuations in respect to any member of the council, or any member of the staff or the public, but shall at all times confine their remarks to those facts which are germane and relevant, as determined by the town council president, to the question or matter under discussion.
e.
Remedy. The town council president shall retain authority to determine whether a speaker's remarks fail to comply with these rules or exceed the scope of the designated forum, and the town council president shall have the right to suspend such person's right to speak, subject to the council's right to overrule such decision by a majority vote of the council.
(8)
Rule 8—Standing committees.
The purpose of the committees is to expedite the business of the council by permitting committees to go into details on specific matters.
a.
Standing committees. There are established the following standing committees of the council that shall consist of three members and one alternate member each. The town council shall elect from amongst itself the membership of each committee during the organizational meeting following each biennial election.
1.
Ordinance subcommittee.
2.
Screening subcommittee.
b.
Special committee(s). The council may create any special committee as deemed appropriate, in accordance with section 3.14(H) of the Charter. The council shall specify the objectives of the special committee, and shall set a date on which the special committee shall be deemed dissolved.
c.
Function and Purpose.
1.
The identification of the scope of work of the individual committees, meeting schedules, and meeting locations shall be accomplished by a process of discussion and consensus among the committee members. Committee action on any proposal is strictly advisory to the council. The standing committees shall have no power or authority to commit the Town or to take any binding action on behalf of the whole council.
2.
Committees of the town council may establish their own rules of procedure and order of business. Such rules and order of business, if formally adopted, shall be filed with the town clerk.
d.
Referral. All items for consideration by the standing committees shall have been referred by the town council as a whole prior to the subcommittee taking up an item. The town council president, the town manager or the town solicitor may refer matters to committee if there is a time limit for council action; provided, however, that written notice shall concurrently be placed on the council agenda to enable the council to take such further action as it deems necessary.
e.
Recommendations. It shall be the duty of the standing committee to consider and make recommendations on all matters referred to such committees. Minority reports shall be shown on committee reports/recommendations if requested by said minority with the dissenting votes reflected.
f.
Public Comment.
1.
Standing committees may allow public comment at committee meetings.
2.
The committee chair may invite persons to the committee table for the purpose of providing information necessary to committee business, and explain to those in attendance the reasons for inviting people to the committee table.
3.
All speakers during public comment, in the discussion, comments, or debate of any matter or issue, shall be courteous in their language and deportment and shall not engage in or discuss or comment on personalities, or indulge in derogatory remarks or insinuations in respect to any member of the subcommittee or any member of the staff or the public, but shall at all times confine their remarks to those facts which are germane and relevant, as determined by the subcommittee chair, to the question or matter under discussion.
g.
The subcommittee chair shall retain authority to determine whether a speaker's remarks fail to comply with these rules or exceed the scope of the discussion, and the chair shall have the right to suspend such person's right to speak, subject to the committee's right to overrule such decision.
h.
Staff assignments to committee. The town manager or his designee shall assign staff for each standing committee, who shall prepare the agenda, provide proper notice and prepare minutes.
(9)
Rule 9—Intragovernment communication/interaction.
a.
Solicitor.
1.
The following officials are authorized to contact the town solicitor regarding municipal matters: councilors, acting through the town council president, town manager, town clerk and other department heads as authorized by the town manager.
2.
No member of the town council shall request the legal opinion about town business from the town's appointed attorney(s) without prior approval of the majority vote of the council.
b.
Department Heads. In accordance with the Charter, the town manager is the chief administrative officer of the town. Therefore, councilors who have matters that concern the several and various departments or areas of responsibility under the jurisdiction of the town manager shall address these issues through the town manager.
c.
Confidential information.
1.
In the course of their duties, councilors may receive information through the administration about events in the community that may need to be treated as confidential. Councilors must not use or disclose confidential information.
2.
If a councilor has any doubt whether information should be released to the public or the press, he/she will contact the council president or the town manager for authorization to disclose the information. The town manager or town council president may at his/her discretion, refer the councilor to the chief of police for authorization.
3.
In the case of police matters, councilors will make no public statements to the public or press unless authorized by the public safety director. The public safety director may at his/her discretion refer the councilor to the chief of police or designated police information officer for authorization to make public statement(s).
4.
If a councilor transgresses these rules, the council reserves the right to vote to instruct the administration that the member who transgressed the rule will be excluded from future confidential communications from the administration for a period of time to be established by a majority vote of the town council.
d.
Reserved.
e.
The town manager will coordinate attendance by administrative staff at all meetings of the council and its subcommittees.
f.
The role of a town council liaison shall be to facilitate communications when necessary between a board, commission or agency, and the town council and/or town manager as circumstances may warrant. Liaisons are not required to attend board, commission, or agency meetings but are encouraged to attend and observe as their schedules may permit. A council liaison shall not give direction to a board, commission, agency or staff nor shall a liaison convey information, an opinion or recommendation on behalf of the town council unless the council has formally voted on the subject matter. Nothing herein shall prohibit a council liaison from commenting on a matter before a board, commission or agency during public comment period or at other appropriate times in his or her capacity as an abutter or as a private citizen and the liaison shall state the same for the public record.
(10)
Rule 10—Miscellaneous.
a.
No rule shall be suspended except by a majority vote of councilors present at the meeting, and a motion to suspend a rule is not debatable.
b.
Robert's Rules of Order. On all questions of practice or procedure not provided for by these rules, the practice and procedure set forth in Robert's Rules of Order Newly Revised shall prevail. If there is a conflict, these rules shall supersede Robert's Rules of Order.
c.
Amendments to rules. Amendments to these rules shall be made by resolution.
(11)
Appendix I.
Procedural rules of order. Once the main motion is properly placed on the floor, several related motions may be employed in addressing the main motion, and if properly made and seconded, must be disposed of before the main motion can be acted upon. The following motions are appropriate and may be made by the councilor at any appropriate time during the discussion of the main motion. They are listed in order of precedence. The first three subsidiary motions are not debatable; the last three are debatable.
a.
Subsidiary motions.
1.
Lay on the table. Any councilor may move to lay the matter under discussion on the table. This motion temporarily suspends any further discussion of the pending motion without setting a time certain to resume debate. To bring the matter back before the council, a motion must be adopted that the matter be taken from the table. A motion to take from the table must be made at the same meeting at which it was placed on the table or at the next meeting of the council held within five calendar days of the original meeting. Otherwise the motion that was tabled dies, although it can be raised later as a new motion. A motion to lay on the table is not debatable.
2.
Move previous question. Any councilor may move to immediately bring the question being debated by the council to a vote, suspending any further debate. The motion must be made and seconded without interrupting one who already has the floor. A majority vote of the quorum present is required for passage. A motion to move previous question is not debatable.
3.
Limit or extend limits of debate. Any councilor may vote to put limits on the length of debate. The motion must be made and seconded and requires a majority vote of the quorum present to pass. A motion to limit or extend limits of debate is not debatable.
4.
Postpone to a time certain. Any councilor may move to postpone debate and action on a motion to a date and time certain. A motion to postpone to a time certain is debatable.
5.
Commit or refer. Any councilor may move that the matter being discussed should be referred to staff, a committee, or a commission for further study. The motion may contain directions for the staff, committee, or commission, as well as a date upon which the matter will be returned to the council's agenda. If no date is set for returning the item to the council agenda, any councilor may move, at any time, to require that the item be returned to the agenda. A motion to commit or refer is debatable.
6.
Amend. Any councilor may amend the main motion or any amendment made to the main motion. Before the main motion may be acted upon, all amendments and amendments to the amendments must first be acted upon. An amendment must be related to the main motion or amendment to which it is directed. Any amendment that substitutes a new motion rather than amending the existing motion is out of order and may be so declared by the council president. A motion to amend is debatable.
b.
Motions of privilege, order, and convenience.
The following actions by the council are to ensure orderly conduct of meetings and are for the convenience of the councilors.
These motions take precedence over any pending main or subsidiary motion and may be debated except as noted.
1.
Call for orders of the day. Any councilor may demand that the agenda be followed in the order stated therein. No second is required, and the council president must comply unless the council, by majority vote, sets aside the agenda order of the day. A motion to call for orders of the day is not debatable.
2.
Request for privilege. Any councilor, at any time during the meeting, may make a request to accommodate the personal needs of the council for such things as reducing noise, adjusting room temperature, ventilation, etc. The validity of the request is ruled on by the town council president.
3.
Recess. Any councilor may move for a recess. No second is required, and the town council president must comply unless the council, by majority vote, sets aside the motion.
4.
Adjourn. Any councilor may move to adjourn at any time, even if there is business pending. The motion must be seconded, and a majority vote is required for passage. A motion to adjourn is not debatable.
5.
Point of order. Any councilor may require the council president to enforce the rules of the council by raising a point of order. The point of order shall be ruled upon by the council president.
6.
Appeal. Should any councilor be dissatisfied with a ruling from the council president, he or she may move to appeal the ruling to the full council. The motion to appeal requires a second, and the ruling of the council president may be overturned by a majority vote.
7.
Suspend the rules. Any councilor may move to suspend the rules if necessary to accomplish a matter that would otherwise violate the rules. The motion requires a second, and a majority vote is required for passage.
8.
Division of question. Any councilor may move to divide the subject matter of a motion which is made up of several parts so that councilors can vote separately on each part. This motion may also be applied to complex ordinances or resolutions.
9.
Reconsider. Except for votes regarding matters that are quasi-judicial in nature or matters that require a noticed public hearing, the council may reconsider any vote taken at the same meeting, but no later than the same or next regular meeting, to correct inadvertent or precipitant errors or to consider new information not available at the time of the vote. The motion to reconsider must be made by a councilor who voted on the prevailing side, must be seconded, and requires a majority vote of the quorum for passage, regardless of the vote required to adopt the motion being reconsidered. If the matter is to be reconsidered at the next regular meeting, a councilor on the prevailing side must ask the town clerk to place the matter on the agenda. If the matter to reconsider is successful, the matter to be reconsidered takes no special precedence over other pending matters and any special voting requirements related thereto still apply. Except pursuant to a motion to reconsider, once a matter has been determined and voted upon, the same matter cannot be brought up again at the same meeting.
10.
Rescind, repeal, or annul. The council may rescind, repeal, or annul any prior action taken with reference to any legislative matter so long as the action to rescind, repeal, or annul complies with all the rules applicable to the initial adoption, including any special voting or notice requirements or unless otherwise specified by law.
(Ord. of 12-11-2019(1); Ord. of 03-08-2023 (1))