Village of Canton, NY Chapter 81 Village Board

[HISTORY: Adopted by the Board of Trustees of the Village of Canton 11-10-1975 by L.L. No. 5-1975 as Ch. 32 of the 1975 Code. Amendments noted where applicable.]

§ 81-1 Authority and purpose.

The meetings of the Canton Village Board of Trustees are to be conducted within the provisions of the New York State Village Law. Whereas the New York State Village Law does define the duties and responsibilities of elected and appointed officials of village government, it is not specific as to the procedures by which a Village Board shall conduct its business. The procedures below are implemented by the authority granted in Article 4, § 4-412, Subdivision 2, of the New York State Village Law. The purpose of these procedures is to supplement the New York State Village Law so as to further define the process to be used to conduct business of the Village Board of Trustees of Canton, New York.

§ 81-2 Quorum.

A majority of the Board shall constitute a quorum for the transaction of business and is further explained in Article 4 of the New York State Village Law.

§ 81-3 Meetings.

All Village Board meetings will be open to the public and the news media, except for executive sessions.

A. Regular meetings. These meetings are to be scheduled as determined at the first meeting of the official year.

B. Special meetings. It will be necessary for the Village Board of Trustees to be convened at times other than the regular monthly meeting. The following define these situations:

(1) Emergency meetings. An emergency is an unforeseen combination of circumstances which calls for immediate action by the Village Board. No written notice or prepared agenda is possible. Only items relative to the emergency shall be officially acted upon at this meeting, and a written report of the proceedings must be recorded. Emergency meetings shall be called at the direction of the Mayor or at the request of any Trustee.

(2) Nonemergency meetings. A special meeting of a nonemergency nature would include a situation where it is necessary to convene the Village Board of Trustees to consider action on items which are not possible or feasible to postpone until the next regular meeting. Written notice, to include an agenda of the item(s) to be considered, must be received by the Board members at least 24 hours prior to the meeting. Only those items on the agenda of a special meeting of this nature will be officially acted upon. A written report of these meetings must be recorded. Nonemergency meetings shall be called at the direction of the Mayor or at the request of any Trustee.

C. Information meeting. These meetings are to be convened to receive or dispense information relative to any matter of concern or responsibility of the Village Board of Trustees. No written agenda is necessary, and no official voting action can be conducted during an information meeting.

D. Executive session. These meetings are to be called at the direction of the Mayor or any Trustee to discuss certain situations at which it is felt only Village Board members should be present.

§ 81-4 Order of business.

A. Agenda. The agenda for each meeting of the Village Board of Trustees, except as may be set apart for the consideration of matters for which a special meeting has been called, shall be as follows:

(1) Approve minutes of last meeting.

(2) Amend the agenda.

(3) Village Superintendent's report.

(4) Police report.

(5) Committee reports.

(6) Old business.

(7) New business.

(8) Solicit citizen remarks.

(9) Adjournment.

B. Distribution of agenda.

(1) The agenda shall be distributed five days prior to a regular meeting.

(2) Additions to or changes in the agenda must be approved at the beginning of the regular meeting by a majority vote of those present.

C. Distribution of minutes. Written reports shall be distributed as soon as possible after those meetings occur in which a written record of the proceedings is required.

D. Citizen participation. Citizens may speak before the Village Board meeting upon recognition by the Mayor. Each citizen shall confine his remarks to the subject being considered at the time.

§ 81-5 Committees.

A. Standing committees shall be created according to the provisions of the New York State Village Law. Standing committees shall be as follows:

(1) Budget.

(2) Fire.

(3) Municipal Building Committee.

(4) Police Matters.

(5) Sewers and Water Pollution Control.

(6) Streets and Parks.

(7) Walks and Lights.

(8) Water.

(9) Youth and Recreation.

B. Special committees may be created as required. Any resolution or action by the Mayor establishing a special committee shall specify powers, duties and duration.

§ 81-6 Limitations and amendments.

A. These rules may be suspended by a majority vote of the total membership of the Village Board at any meeting of the Village Board.

B. These rules may be rescinded or changed by a majority vote of the total membership of the Village Board at any Village Board meeting, provided that each member has had 10 days' written notice of the proposed change.

C. Questions of order and procedure not governed by these rules shall be decided according to Robert's Rules of Order.

D. The Village Clerk shall make available to each member of the Village Board a current edition of the New York State Village Law.

§ 81-7 Terms of office.

[Added 5-21-2018 by L.L. No. 1-2018]

A. Village Law § 3-302 includes the following provisions:

(1) Village Law § 3-302(1) provides that the Village's official year begins at 12:00 noon on the first Monday in the month following the date of the general Village election.

(2) Village Law § 3-302(2) provides that the term of office of each elective Village officer shall commence at the start of the official year after his or her election.

(3) Village Law § 3-302(3) provides that the term of office of the Mayor and each Trustee shall be two official years.

(4) Village Law § 3-302(5)(a) provides that the Board of Trustees, by resolution or local law, subject to permissive referendum, may extend to four years the term of office of Mayor, the terms of office for all Trustees, or the terms of office of Mayor and all Trustees. No such resolution or local law, however, shall become effective within 30 days prior to a general Village election.

(5) Village Law § 3-302(7)(a) provides that the Board of Trustees may include in any resolution or local law which extends to four years the term of office of Mayor, the terms of office for all Trustees, or the terms of office of Mayor and all Trustees, a provision that general Village elections shall be held biennially in odd-numbered years or in even-numbered years, as the Board shall determine. No such resolution or local law, however, shall become effective within 30 days prior to a general Village election.

(a) Village Law § 3-302(7)(d) provides that if such resolution or local law shall become effective between a general Village election in an odd-numbered year and 30 days prior to a general Village election in the next even-numbered year and provides that general Village elections shall be held in odd-numbered years, the successor to a Mayor or Trustee whose term of office expires in an even-numbered year shall, at the general Village election preceding the expiration of such term of office, be elected for a single three-year term, and their successors shall thereafter be elected for terms of four years.

B. Pursuant to the authority provided by the Village Law and the Municipal Home Rule Law:

(1) Subject to the provisions of Subsection B(2) of this section, the Board of Trustees of the Village of Canton hereby extends to four years the terms of office of the Mayor and all Trustees of the Village of Canton, to commence at the beginning of the official year following the 2018 general Village election at which such offices are to be filled.

(2) The Board of Trustees of the Village of Canton hereby determines that, following the 2018 general Village election, general Village elections in the Village of Canton shall be held biennially in odd-numbered years, commencing with the 2019 general Village election. Accordingly:

(a) The successor to a Mayor or Trustee whose term of office expires in 2018 shall, at the 2018 general Village election, be elected for a single three-year term, and their successors shall thereafter be elected for terms of four years each.

(b) The successor to a Mayor or Trustee whose term of office expires in 2019 shall, at the 2019 general Village election, be elected for a four-year term, and their successors shall thereafter be elected for terms of four years each.

C. This section is subject to permissive referendum pursuant to Village Law Article 9, Accordingly:

(1) Within 30 days after the adoption of this section there may be filed with the Village Clerk a petition signed and acknowledged by at least 20% of the electors of the Village of Canton, as shown on the register of electors for the previous general Village election, protesting against this section and requesting that it be submitted to the electors of the Village for their approval or disapproval. In such event, this section shall not take effect until approved by the affirmative vote of a majority of the qualified electors of the Village voting on such proposition for its approval.

(2) If a valid petition is not filed with the Village Clerk, then this section shall take effect 30 days after its adoption and upon filing with the Secretary of State.

D. This section shall be effective upon the date it is filed with the Secretary of State and shall be effective for general Village elections scheduled for the Village of Canton for November 2018 and thereafter.