The text
FOOTNOTE(S):
--- (2) --- refcharter or refcross or refstatelaw State Law reference— Town councils, G.L. 1956, § 45-5-1 et seq.
Sec. 2-26. - Designation of council as statutory body.#
(a)
Whenever any public law, general law or regulation of the state shall require action by or confer jurisdiction upon a "board of police commissioners," "police commission," "bureau of licenses", "license board", or similarly named body, the town council hereby designates and constitutes itself as such body.
(b)
In any proceeding before the town council in any of its aforesaid capacities, it shall not be necessary for it to specifically convene in any of such capacities, as convening as a town council shall be deemed to include convening as the appropriate board or bureau, etc.
Comment Text (parent not a footnote)(Ord. of 2-12-81)
Sec. 2-27. - Rules of conduct for council meetings.#
(a)
The order of procedures herein contained shall govern deliberations and the conduct of meetings of the town council.
(b)
The regular meeting of the town council shall be conducted on the second Thursday of each month. The fourth Thursday of each month shall serve as a council work session when so designated by the town council president. Unless otherwise designated all meetings of the council shall begin at 7:30 p.m.
(1)
The council will hold regular "work sessions" for the purpose of developing policy, gaining information; and/or recommendations from staff, committees or commissions; addressing citizens' concerns or suggestions brought to their attention through correspondence, meetings or comments to councilors; and regular review of financial status.
(2)
Work sessions will be less formal than regular meetings; however, the public should understand that work sessions are primarily for the purpose of information gathering by the council and public comment will be allowed as long as it does not interfere or untimely delay council business.
(3)
No action will be taken on items brought before the council for "work sessions" consideration other than action to place an item on a future agenda for action or to direct further study as the council may consider necessary.
(c)
Special meetings may be called at any time by the president of the council or by four (4) or more members, subject to availability of a quorum and with notice to each member at least forty-eight (48) hours in advance (except in the case of an emergency).
(d)
At all meetings of the council, a majority of its members shall constitute a quorum for the transaction of business. Votes made by a quorum at any meeting shall be recorded by the clerk or clerk pro tempore, by name and vote of council members. No action of the town council, shall be valid or binding unless adopted by the affirmative vote of the majority of council members in attendance.
(e)
All meetings of the council shall be presided over by the council president, or in his or her absence, by the council vice-president; in the absence of both, a president pro tempore may be appointed by the council president from among the remaining members.
(f)
The town clerk shall serve as the clerk of the town council, or his or her absence, the deputy clerk. In the absence of both, the council shall appoint a clerk pro tempore for the official recording of council business at all meetings of the council.
(g)
The order of business for all regular council meetings and for those special meetings open to the public, shall be as follows:
(1)
Call to order by the presiding officer;
(2)
Roll call recorded;
(3)
Reading and approving of minutes of previous meetings (or resolution to dispense with such and approve as submitted by the town clerk);
(4)
Consent agenda (Note: all items with an (*) are considered to be routine by the town council and will be enacted by one motion. There will be no separate discussions of these items; however, upon request of a council member an item will be removed from the consent agenda and considered in its normal sequence on the agenda. No item delaying with appointments, expenditure or receipt of funds shall be part of the consent agenda.);
(5)
Public hearings;
(6)
Old business;
(7)
New business;
(8)
Correspondence;
(9)
Council remarks;
(10)
Public comment;
(11)
Bills;
(12)
Adjournment.
(Public hearings shall be held in the sequence in which they appear on the agenda).
(h)
No person, not a member of the council, shall be allowed to address the same while in session without permission of the presiding officer. Public comment on any matter shall generally be limited in the discretion of the presiding officer to the comment period (set forth below) reserved for interested citizens.
(1)
A period for "public comment" shall be reserved prior to adjournment at which time the public may bring issues to the council's attention which are not on the evening's agenda and may request that the council consider the issue at a future meeting or work session. Presentation should be limited to a reasonable time.
(2)
The council reserves the right to limit the total time devoted to any issue; and will, by vote of the council, agree to continue a discussion to a "time specific" in order to give everyone a reasonable time to be heard.
(i)
Motions made at any session shall be reduced to writing if so requested by any other council member. Resolutions shall be reduced to writing in all cases and entered into the official minutes of the meetings kept by the clerk of the council.
(j)
Motions to reconsider any matter previously resolved by vote shall be entertained only from a council member who voted with the majority at the time of the initial decision at the next scheduled council meeting.
(k)
The clerk shall keep a correct record of all proceedings of regular and work session meetings, in accordance with section 42-46-7(b) and (c) of the General Laws.
(l)
All questions of order shall be decided by the presiding officer, with the right of appeal to the council as a body for vote upon the issue by any member.
(m)
The presiding officer may, at his or her discretion, call upon any member to take the chair temporarily for the purpose of allowing such former presiding officer to address the council and make a motion on any issue.
(n)
The period reserved on the agenda for council remarks shall be for the purpose of allowing council members to request that an item be added to a future agenda, offering general comment on a matter or sharing information which may not have been brought to the attention of the council. Matters previously discussed during the meeting shall not be brought up during council remarks and debate shall not take place.
(o)
All meetings of the council, except those exempted by the open meetings law, shall be conducted publicly, and no ordinance, resolution, rule, regulation, order or directive shall be adopted at the same session that it is introduced unless the council finds, by a two-thirds (2/3) vote, that public health and safety is in imminent danger. A special meeting held under the provisions of subsection (c) of this section, and for the purpose clearly stated of conducting official business, shall be considered a regular meeting under this section.
(p)
The rules and procedures of this resolution may be altered, amended or temporarily suspended by the affirmative vote of two-thirds (2/3) of the majority present.
(q)
The council, through its president, shall be authorized to request the presence of any town official at any and all regular meetings of the council; such officials shall honor such requests in all cases, or show cause why they should not be required to do so. The following town officials, or their designee should be in attendance: town solicitor, tax assessor, town treasurer, chief of police, zoning board member, planning board member, building official, director of public works, town clerk.
(r)
The town clerk shall forward the council meeting agenda and packets to all council members and town solicitor each Friday preceding a regular council meeting for review. The police will act as courier for the delivery of such packets.
(s)
The agenda of all council meetings shall be set by the town clerk and council president. The agenda will be considered closed at the end of town hall workday on the eighth (8th) day preceding the scheduled meeting (except in the case of "special" meetings or work sessions as may be necessary). Agendas will be posted at the following locations: Town Hall, Police Department, N. Scituate Library, Hope Library, Clayville Post Office, N. Scituate Post Office and the Hope Post Office.
A council member may move to add an item to the current agenda for council consideration. Such motion shall be voted upon by roll call of the council. A council member may request that an item be placed on a future council agenda by notifying the town clerk. Any citizen may request that a subject be brought to a council agenda by contacting the town clerk.
(t)
It shall be the duty of the presiding officer at any council meeting to:
(1)
Call the meeting to order;
(2)
Keep the meeting to its order of business;
(3)
Restate each motion made and require a second to that motion before allowing discussion;
(4)
Control discussion to assure order by:
a.
Enforcing the provisions of this section;
b.
Allowing all council members wishing to speak the opportunity to do so, one at a time;
c.
Giving pro and con speakers alternating opportunities to speak;
d.
Controlling public participation in accordance with subsection (h) hereof;
e.
Closing the discussion and putting the issue to a vote when it is clear the matter has been adequately addressed by all council members;
f.
Permitting audience participation when appropriate;
g.
Keeping discussions to the question or issue only;
h.
Suggesting, but not making, motions for recess or adjournment.
(u)
The council president shall serve as an ex-officio member of all council committees.
Comment Text (parent not a footnote)(Res. of 2-13-97, §§ 1—21)