[Amended 1-3-2002; 1-8-2004; 1-5-2006; 4-3-2008 by Ord. No. 6; 1-2-2020 by Res. No. 1; 1-4-2022 by Res. No. 1]
"Workshop of the City Council" shall be defined as a meeting
of the Troy City Council to discuss City business without voting on
any legislation. A workshop may be called by the Council President
or by two Council members, including the chairperson of the standing
or special committee of the Council having jurisdiction over the subject
matter of the workshop.
The City Clerk shall be the official clerk of the Council and
shall keep minutes of meetings and fulfill such other and further
duties as may be prescribed by law or ordinance.
The Corporation Counsel shall, either in person or by deputy,
attend all meetings of the Council. Any member of the Council may
at any time call upon the Corporation Counsel for an oral or written
opinion as to any question of law, but not to decide upon any parliamentary
rules.
The heads of all City bureaus and departments and any other
officer or employee of the City, when requested by the Council, shall
attend any regular, adjourned, or special meeting of the Council to
confer with the Council in all matters relating to the City.
A Sergeant-at-Arms shall be required to be present at each regular
and special meeting only upon request of the Council. By January 15
of each year, a schedule of regular meetings shall be forwarded to
the Police Chief and shall constitute a standing request by the Council
for a Sergeant-at-Arms at all regular Council meetings for the year.
The request for a Sergeant-at-Arms shall be made by the President
of the Council or a majority of the members of the Council. Except
as otherwise set forth herein, such request shall be filed with the
City Clerk at least two hours before any regular or special meeting.
The Sergeant-at-Arms shall be a uniformed member of the Troy Police
Department or a sworn peace officer.
At all meetings, regular or special, upon the appearance of
four members, the Council shall be called to order by the President
of the Council, or if s/he be absent, by the President Pro Tempore.
At any regular meeting, the order of business, which shall not
be departed from except with the unanimous consent of the members
present, shall be as follows:
A period of time shall be designated during each regular, special,
or standing committee meeting of the Council as a public forum during
which residents of the City shall be permitted to address the Council
on legislation on that meeting's agenda and, for regular and
special meetings, on any subject appropriate to the conduct of Troy
City government. The total length of time allotted for comment shall
be no longer than four minutes per speaker for all agenda items, three
minutes per speaker for other government issues, and four minutes
per speaker for standing committee meetings. However, in no event
shall a single speaker be limited to less than five minutes total.
Each speaker may request that the video portion of cable television
coverage cease during the duration of his or her comments. The audio
portion will continue. Comments for the public forum may be submitted
in writing to the City Clerk. At its discretion, the City Council
may require the use of a sign-in sheet to facilitate the ordering
of speakers.
A.
All proposed local laws, ordinances, and resolutions shall be drafted
by the Corporation Counsel upon the request of the Administration
or any member of the Council, and shall have endorsed thereon his/her
approval as to form thereof. All requests by Council members shall
be copied to the President and the City Clerk, when being sent to
the Corporation Counsel for drafting.
(1)
As to regular meetings, such request for drafting shall be made by
the sponsor thereof no later than three weeks preceding the regular
meeting of the Council. The Corporation Counsel shall draft such legislation
and deliver a copy of the same to the Mayor and the President of the
Council and to the City Clerk, who will then submit an official copy
to each member of the Council.
(2)
As to special meetings, such request for drafting shall be made by
the President of the Council or any two Council members, including
the chairperson of the standing or special committee of the Council
having jurisdiction over the subject matter of the proposed local
law, ordinance, or resolution, by delivering to the City Clerk a written
request therefor. The Corporation Counsel, upon notification by the
City Clerk, shall draft such legislation and, if the special meeting
is scheduled for a time more than 48 hours thence, deliver a copy
to the Mayor, the President of the Council and deliver copies to the
City Clerk, who will then electronically deliver a copy to each member
of the Council as soon as practicable. If such meeting is scheduled
for a time less than 48 hours thence, copies of the legislation shall
be available at the office of the Corporation Counsel and the City
Clerk by noon of the date of the meeting.
(3)
Delivery or service.
(a)
Whenever it is required that a notice of special meeting, or
a meeting agenda, or copies of proposed legislation be delivered or
served upon Council members by the City Clerk, such delivery or service
shall be made either by delivering the same to the Council member
or his/her designee in person, or by actually delivering the same
to an address in the City of Troy, designated by the Council member
for such delivery or service. If no such address shall have been designated,
then delivery or service shall be made by delivering the same to the
last known residential address of the Council member.
(b)
In any case where the City Charter authorizes delivery or service
by mail, delivery or service by mail shall be permitted in lieu of
the foregoing methods of delivery or service. If delivery or service
is made by mail, said delivery or service shall be deemed made when
the item is delivered to a United States postal box or facility with
proper postage attached. A Council member may designate an address
for delivery, or service by mail shall be made to the Council member's
last known address.
(c)
In any case where the City Charter authorizes delivery or service
to be made electronically or upon independent agreement with any Council
member, service by email is permitted as long as notification of delivery
is made by a phone call to the phone number designated by the Council
member.
B.
Legislative functions of the standing committees (pursuant to § C-11 of the City Charter).
(1)
All legislation drafted by the Corporation Counsel at the request
of the administration shall be referred to the President of the Council
for referral to the chairperson of the standing or special committee
having jurisdiction over the subject matter of the legislation. Legislation
shall be placed on the agenda for the next meeting of the Council
only if same is referred to the President at least three weeks before
the next regular Council meeting. If the chairperson refuses to sponsor
the legislation, it shall be referred to the whole committee for consideration
and must receive approval by majority vote of the standing committee
at least two weeks prior to the regular Council meeting in order to
be included on that meeting's agenda.
(2)
In the event such legislation does not receive approval within 30
days of its referral to the committee, it may then be discharged from
the committee by petition signed by a majority of the whole Council.
(3)
All legislation drafted by the Corporation Counsel at the request
of any member of the Council shall first be referred to the President
for referral to the chairperson of the standing or special committee
having jurisdiction over the subject matter of the legislation. The
chair shall schedule a committee meeting within two weeks prior to
the next regular Council meeting in order for such legislation to
be included on that meeting's agenda.
(4)
In the event such legislation does not receive approval within 30
days of its referral to the committee, it may then be discharged from
the committee by petition signed by a majority of the whole Council.
C.
Regular meeting agendas shall be delivered to Council members no
later than 4:00 p.m. five calendar days prior to the Council meeting.
All local laws, ordinances, and resolutions proposed by the
administration shall be introduced by the chairperson or any member
of the Council committee which has jurisdiction of the subject matter
of the proposed legislation.
The Council agenda must include the name of the sponsor of legislation.
Only items approved by committee or chairperson at least two weeks
before a regular Council meeting may be placed on that meeting's
agenda. An exception will be made in the event of an emergency. The
emergency shall be determined by the appropriate committee chairperson
or by the President of the Council.
When the President of the Council shall leave the Chair, his
or her place shall be taken by the President Pro Tempore. If neither
is present, the members of the Council present shall select a temporary
Chair by a majority of those present.
Question of order shall be decided by the Chair without debate,
subject to an appeal to the Council as a whole, which shall also be
decided by a majority vote without debate.
When an amendment is proposed to legislation on the floor, action
shall be first taken on the amendment and then upon the legislation,
amended or not, as the case may be.
A.
No motion for reconsidering any decision of the Council shall be
in order unless made by a Council member who voted with the majority,
nor unless such motion shall be made at the same or next regular meeting
after such decision shall have been made.
B.
A motion for reconsideration being put and lost shall not be removed,
nor shall any vote be a second time reconsidered without unanimous
consent.
At meetings of the Council, no person, except Council members,
shall have the privilege of the floor, except by unanimous consent
of the Council members present. However, the Chair shall recognize
City officers for the purpose of advising the Council with respect
to matters pending before it.
At all public hearings, the Chair shall read the published notice
and shall announce the rules governing the conduct of the hearing.
While these rules, by a majority of the Council, may be designated
so as to adapt to the particular circumstances surrounding any hearings,
unless for special reasons to the contrary, they shall be substantially
as follows:
A.
No one but a citizen or a taxpayer of the City, or an attorney at
law representing a citizen or taxpayer or group of citizens or taxpayers,
shall be allowed to speak; provided, however, that the Council President
or Chair may, in his or her discretion, allow other interested persons
to speak.
B.
The person wishing to speak shall, upon being recognized by the Chair,
give his or her name and residence and, if an attorney, the names
and addresses of every person whom s/he represents.
C.
All remarks shall be directed to the Chair and no colloquy between
or among persons presented shall be permitted.
D.
No person shall extend his or her remarks beyond four minutes but,
if the person represents several others, the Chair may make reasonable
and appropriate exceptions to this time limitation.
E.
The allowance of any rebuttal remarks shall be solely within the
discretion of the Chair.
When a question is before the Council, no motion shall be received,
except to place on the table, unless for adjournment, for the previous
question, to postpone to a certain time, to refer to or amend, and
shall have precedence in the order herein arranged, and shall be decided
without debate or amendment.
A motion to adjourn shall always be in order, except:
The proceedings of this Council shall be governed by Robert's
Rules of Order in all cases not provided for by this division insofar
as such rules are not inconsistent with the same. To that end, Robert's
Rules of Order are hereby incorporated by reference into this subdivision
(i.e., Council Rules of Order) and shall govern procedure of the Council
except where Robert's Rules of Order are inconsistent with the
Council rules. In those cases, the Council rules shall govern the
procedure of the Council.
Each member of the Council shall be permitted to speak on each
item on the agenda, not to exceed five minutes, and in addition thereto,
when speaking on the vote, each member of the Council shall be permitted
to speak on each item on the agenda, not to exceed two additional
minutes. The purpose of this rule is to limit the debate of each member
of the Council to seven minutes on each item on the agenda.
A.
During Council meetings, Council members shall preserve order and
decorum, and shall neither by conversation or otherwise delay or interrupt
the proceedings, nor refuse to obey the order of the presiding officer
or the rules of the Council. All members of the Council shall accord
the utmost courtesy to each other, to City employees, and to public
members appearing before the Council and shall refrain at all times
from rude or derogatory remarks, reflections as to integrity, abusive
comments, and statements as to motives and personalities.
B.
Members of the administration and employees of the City shall observe
the same rules of procedure and decorum applicable to members of the
Council.
C.
Public members attending Council meetings shall observe the same
rules of propriety and good conduct applicable to members of the Council.
Any provisions of these rules not governed by the Charter, local law or ordinance may be temporarily suspended at any meeting of the Council by a simple majority vote of all members present. The vote upon such suspension shall be taken by ayes and noes and entered upon the record. These rules may be amended by written resolution at any meeting of the Council pursuant to § 2-26 of this chapter (i.e., Council Rules). Only Council members may submit requests for amendments to the rules.
A.
All matters before the Council shall be determined by voice vote,
unless a roll call is requested.
B.
For a voice vote, Council members voting in the affirmative shall
indicate such by stating "aye." Council members voting in the negative
shall indicate such by stating "no." Any Council member who wishes
to abstain from a vote shall make his/her abstention clear by stating
"abstain." The presiding officer shall conduct the voting procedure
by requesting affirmative votes, followed by negative votes, followed
by abstentions.
C.
A roll call vote shall be conducted upon the request of any member
of the Council.
D.
At all regular or special meetings of the City Council, at the direction
of the Council President or the presiding officer, the City Clerk
shall call the roll of the Council in the following manner:
E.
When determining whether a motion has passed, a "majority vote" shall
be construed to mean a majority of the whole body voting in the affirmative
(at least four "aye" votes). Similarly, a "two-thirds vote" requires
two-thirds of the entire body to vote in the affirmative (at least
five "aye" votes).
