Town of Greenfield, MA Chapter 565 Rules of Procedure, City Council

[HISTORY: Adopted by the Town Council of the Town of Greenfield (now City Council of the City of Greenfield) as last amended 4-17-2019 by Order No. FY 19-100 (Ch. 1261 of the 2002 Bylaws). Subsequent amendments noted where applicable.]

§ 565-1 Rule 1, Organization.

[Amended 8-17-2022 by Order No. FY 23-005; 8-17-2022 by Order No. FY 23-007]

A. Organizational meeting. The City Council shall meet for organization annually in January held before the regular City Council meeting. [Charter 8-8(a)]

B. Oath of office. The new members of the City Council shall severally take the oath before the Mayor, City Clerk, Judge, or Justice of the Peace to perform faithfully the duties of their respective offices. [Charter 8-8(b)]

C. Election of officers. The City Council shall by majority vote of all the members present, elect a President and Vice President and any other officers deemed necessary. [Charter 8-8(c)]*

*This will be effective at the next regular City Council organizational meeting.

D. Appointment of City Clerk and City Auditor. The City Council shall elect the City Clerk and City Auditor to serve for a term of three years and until a successor is chosen and qualified. The City Clerk shall also serve as Clerk to the City Council. [Charter 2-8(b) and (c)]

E. Removal of the City Clerk and City Auditor. The City Clerk or City Auditor may be removed or suspended by the City Council by a majority vote. Such vote, unless for cause, shall be no sooner than 180 days after the last City election.

F. Council orientation. All Councilors should have a one-hour orientation with the Clerk's Office and a one-hour orientation with the Financial Director or their designee. One hour should be the minimum required for each of the two meetings and should occur by February 15 annually at the latest.

§ 565-2 Rule 2, Meetings.

[Amended 8-17-2022 by Order No. FY 23-008]

A. Regular meetings. Regular meetings of the City Council shall be held at the John Zon Community Center, 35 Pleasant Street or, if agreed by a majority of the committee chairpersons, at any other suitable public building within the City of Greenfield, at 6:30 p.m. in the evening on the third Wednesday of each month. [Charter 2-6(c)1]

(1) In the event of elections and holidays, meetings will be held on the following business day.

B. Special meetings. Special meetings of the City Council shall be held at the call of the Council President, the Mayor, or on the call of five or more members by written notice delivered in hand or to the place of residence of each member and which contains a listing of the items to be acted upon. Except in the case of an emergency, of which the Council President or presiding officer will be judge, such notice shall be delivered at least 48 hours in advance of the time set for such meeting. A copy of the notice shall be forthwith posted on the City Bulletin Board. [Charter 2-6(c)2]

C. Meeting with Mayor and School Committee. The Mayor and representative of the School Committee will be encouraged to attend City Council meetings.

D. Quorum. The presence of seven members shall constitute a quorum for the transaction of business. The affirmative vote of a majority vote of those present shall be required to adopt any ordinance or appropriation order unless otherwise provided by general law or by Charter Section 2-6(b).

E. Attendance. Any member missing 10 or more unexcused Council or Committee meetings, or a combination thereof, within a fiscal year, shall be subject to disclosure by the City Council President at a regular Council meeting.

F. Open meeting. All sessions of the City Council and of every committee or subcommittee thereof shall at all times be open to the pubic, unless another provision is made by law. [Charter 2-6(c)3]

§ 565-3 Rule 3, Presiding officer.

A. Presiding officer. The President of the City Council, if present, shall preside at all meetings of the full City Council. In the absence of the President, the Vice President of the City Council shall preside, and in the absence of both, a temporary Chairperson shall serve who is senior in length of service, or if more than one have so served then the member senior both in age and length of service shall serve during the absence of the President and Vice President.

B. Duties of presiding officer.

(1) The presiding officer shall preserve decorum and order; may speak to points of order in preference to other members; shall decide all questions of order, subject to an appeal to the City Council.

(2) The presiding officer shall be allowed to vote on any question to appeal.

(3) The presiding officer shall declare all votes and, if the result be in doubt, may require a roll call vote.

(4) When the presiding officer desires to relinquish the chair, they may call any Councilor to it; but such substitution shall not continue beyond the will of the Presiding Officer so relinquishing the chair or beyond an adjournment.

(5) The presiding officer may state facts and give opinions upon questions of order without relinquishing the chair.

(6) The presiding officer shall be ex-officio member of all committees. In the absence of a quorum of any standing subcommittee of the Council, the City Council President and the Vice President may become a voting member of the subcommittee.

C. Admissions within the rail. No person shall be admitted within the rail of the City Council, except upon permission of the presiding officer.

§ 565-4 Rule 4, Voting.

[Amended 8-17-2022 by Order No. FY 23-010]

A. Roll call. On any matter requiring a vote, a roll call may be requested by any Councilor and shall be accepted by the President.

B. Vote. Every Councilor present when the question is put shall vote yes, no, or abstain; with the exception of the President or presiding officer, who may vote on any item they so choose to or when required to break a tie vote.

C. Change. Prior to the announcement by the Chair of result of a roll call vote, any Councilor may ask to have their name called again in order to record themselves differently.

D. Conflict of interest. Members shall not vote on any question or serve on any committee, in a manner inconsistent with Massachusetts General Laws Chapter 268A (MGL 268A).

§ 565-5 Rule 5, Debate.

A. Question. Every Councilor when about to speak shall respectfully address the Chair and wait to be recognized before they speak. They have no right to interrupt anyone who is speaking. They shall confine themselves to the question under debate and shall avoid personalities.

(1) Civility and respect for each board member goes a long way in insuring that City Council meetings are orderly and productive.

B. Limits. No member shall speak more than twice to the same question without leave from the Chair, nor more than once until all other members desiring to speak have spoken.

(1) No member shall have, or hold the floor, for more than five consecutive minutes of debate, unless extended by a majority vote of the Council.

C. Withdrawing question. After a motion is stated or read by the Chair it shall be deemed to be in possession of the Council, and shall be disposed of by vote or other action, but the mover may withdraw it at any time before a decision or amendment.

D. Questions from City Councilors. Questions from City Councilors to non-Councilors should be directed to the City Council President. This rule may be waved by the Council President or presiding officer at any time at their discretion, without objection.

§ 565-6 Rule 6, Orders of motions.

A. Exceptions. When a question is under debate, the Chair shall receive no motion except the following:

(1) To adjourn.

(2) To take a recess.

(3) To lay on the table.

(4) To close debate and move the question.

(5) To limit or extend limits of debate.

(6) To postpone to certain date.

(7) To refer.

(8) To amend.

(9) To postpone indefinitely; motions set forth in Subsection A(1) through (8) above shall have precedence over this motion.

B. Reconsideration. Unless otherwise provided by the Charter, after vote has been taken, it shall be in order for any member voting with the prevailing side to move reconsideration thereof at the same meeting at which the vote was taken; or to file with the Clerk of the Council, written notice of a motion to reconsider such vote not later than 3:00 p.m. of the second business day following such meeting.

(1) After receiving such written notice of reconsideration the Clerk shall place it on the agenda for the next regular meeting.

(2) Whenever a written notice of a motion to reconsider has been filed as aforesaid, the Clerk shall notify all of the members of the City Council.

(3) Not more than one motion for reconsideration for any vote shall be entertained, and no vote upon either of the following motions shall be reconsidered: to refer, to adjourn; to lay on the table; to take from the table; and move the question.

§ 565-7 Rule 7, Duties of the Clerk of the Council.

[Amended 8-17-2022 by Order No. FY 23-011; 8-17-2022 by Order No. FY 23-012]

A. Documents - records. The Clerk of the Council or the designee shall:

(1) Maintain records of all City Council business.

(2) Accept, distribute and file items to be placed on the Council agenda or in the Agenda Packet including:

(a) Reports and communications from the City Council committees, Mayor, City officers, City boards and City committees.

(b) Ordinances, motions, orders, proclamations, resolutions, or other forms of business to be presented to the City Council for action at meetings.

(3) This shall not mean that an individual Councilor cannot contact other Councilors directly.

(4) Process requests for action and proposals using the following guidelines:

(a) All requests and proposals shall be submitted in a format determined by the City Council President; forms and guidelines shall be available at the City Clerk's/City Council Office.

(b) Failure to comply with this rule may cause the City Council President to return the item to the author(s) without Council consideration.

(c) Failure by an author or their representative to attend the Council meeting and be prepared to present any explanation may cause the item not to be considered at that time.

(d) The presiding officer of the City Council shall be informed of all items brought to the Clerk of the Council; the Clerk shall then act at the direction of the presiding officer.

(e) The President, any Councilor, or other City Official (with the consent of the presiding officer), may bring items to the Council for consideration; other requests for action by citizens may be presented to the Council by a sponsoring Councilor or as otherwise allowed by Charter.

(f) Any items for action requiring public hearings shall be referred to the appropriate committee chair. Public hearings may be held by any standing special or regular subcommittee on behalf of the full Council, unless scheduling or statute requires otherwise. This section in no way prevents the full Council from holding any public hearings.

B. Hearing authorization. The Clerk of the Council is authorized by these rules to order and publish notice of hearings on petitions presented to them requiring public hearings before the Council or its Committees.

C. Listing of matters. The Council agenda packet, complete with copies of all items for consideration and documentation, shall be available for pickup by Councilors, and distributed to the Mayor, City Accountant and other officials as appropriate, no later than 5:00 p.m. on Friday preceding the regular Council meetings. (If mailed to City Councilors, posting shall be no later than the Thursday 2:00 p.m. pickup at the Greenfield Post Office.)

D. Communications to the City Council. All communications addressed to the City Council as a body or to the City Council Clerk, Administrative Assistant/Secretary or President of the Council on matters of interest to the entire Council and which would not in the normal course of Council business referred to the City Council for action will be copied and distributed to each individual City Councilor.

E. Attendance within rail. The Clerk of the Council shall note in the official minutes of all meetings of the City Council, the names of government representatives, department heads, representatives of the news media, invited guests and City officials, who are seated within the rail of the Council meeting place.

F. Filing of papers. Any order or resolution or other form of business to be presented to the City Council at its regular meeting for its action shall be submitted to the Clerk of the Council no later than five business days preceding the regular monthly committee chairs meeting.

G. Filing for committee documents. All documentation for City Council committees shall be submitted in the same manner as listed in Subsection F.

§ 565-8 Rule 8, Order and disposition of business.

[Amended 8-17-2022 by Order No. FY 23-014; 8-17-2022 by Order No. FY 23-015; 10-19-2022 by Order No. FY 23-013]

A. Agenda.

(1) At every regular meeting of the City Council the order of business shall be as follows:

(a) Call to order.

(b) Roll call of members.

(c) Pledge of allegiance (voluntary).

(d) Approval of minutes from previous meeting.

(e) Communications from Superintendent of Schools and School Committee (10 minutes).

(f) Questions from the Council for Superintendent of Schools and School Committee.

(g) Communications from Mayor, City officers and employees (10 minutes).

(h) Questions from the Council for Mayor.

(i) Communications from other City employees as needed by invitation.

(j) Public comment.

(k) Public hearings.

(l) Motions, orders, and resolutions.

(m) Presentation of petitions or similar papers.

(n) Reports of committees.

(o) Unfinished business.

(p) Old business.

(q) New business.

(r) Motions for reconsideration.

(s) Adjournment.

(2) The above shall not be departed from except by vote of the majority of members present. Posted Council agendas shall state this order of business.

(3) During the time of meeting, the City Council shall, at ninety-minute intervals, be scheduled to take a five-minute recess. The recess shall be held after the question has been addressed and voted on.

B. Endorsement. Every ordinance, motion, order, proclamation, resolution or other measure presented for City Council action shall be accompanied by the approximate cost involved if possible.

C. Disposition of agenda items.

(1) All items of business appearing upon the City Council agenda shall be taken up in the order of their appearance and be fully and openly debated and disposed of by vote or other action of the City Council, previous to consideration of any other item of business.

(2) No item of business shall be referred to committee except for the following reason:

(a) For study and report at a subsequent meeting.

(b) For the purpose of drafting an ordinance.

(3) All City Council committees shall report on current matters at regular City Council meetings.

D. Items referred for administrative action.

(1) All items of business appearing upon the City Council agenda shall be taken up in the order of their appearance and be fully and openly debated and disposed of by vote or other action of the City Council, previous to consideration of any other item of business.

(2) City Council items referred for administrative action shall be processed in the following manner:

(a) The Clerk of the Council will send the documents to the official or board (hereafter referred to as the responsible party) to whom it was referred by the City Council.

(b) The responsible party shall provide a written reply to the City Council regarding the final disposition of the matter within two weeks of the City Council action to refer the matter.

(c) The presiding officer and Councilors requesting such shall receive copies of the reply.

(d) If final disposition cannot be effected within two weeks, the party involved shall notify the City Council as to the earliest date for action on the matter. This notification shall be made within 10 days of the City Council action to refer the matter.

(e) The Clerk of the Council will keep a list of pending matters which will be furnished to Councilors by way of the committee chairs agenda.

E. Measurers once rejected. When any ordinance, motion, order, proclamation, resolution or other measure has been rejected by the City Council, no item embodying substantially the same subject shall be presented to the City Council within nine months of rejection of the measure, unless otherwise provided by the Charter.

§ 565-9 Rule 9, Committees.

[Amended 8-17-2022 by Order No. FY 23-021; 8-17-2022 by Order No. FY 23-022]

A. Appointments. After the organization of the City Council, the President shall seek Councilors, requests for committee appointments and then appoint members, the first named being Chairperson, to the following standing committees:

B. Composition - charge.

(1) Ways and Means Committee: to consist of five members of the Council to deal with all matters pertaining to expenditures, budget, tax classification and other financial issues. The Ways and Means Committee shall hold all public hearings on the above matters, unless otherwise provided for.

(2) Appointments and Ordinances Committee: to consist of five members of the Council to consider the advisability and merit of any ordinance and/or ordinance changes referred to it as well as the form and legality thereof and to consider all legal matters along with the City Attorney. The Appointment and Ordinance Committee will review Mayoral appointments to multiple member boards and make recommendations to the full Council for action within 30 days. The Appointment and Ordinance Committee shall hold all public hearings on the above matters, unless otherwise provided for.

(3) Economic Development Committee: to consist of five members of the Council to deal with all matters pertaining to planning redevelopment, housing, sale of City-owned land, commerce, tax incentives and the Zoning Board of Appeals. The Economic Development Committee shall hold all public hearings on the above matters, unless otherwise provided for.

(4) Community Relations Committee: to consist of five members of the Council to act as liaisons between City departments, commissions, and boards with a focus on quality of life issues in Greenfield. The Community Relations Committee will also provide a regular venue during meetings for communications with the City departments on cultural and social aspects within the City. The Community Relations Committee shall promote on-going communication between residents and City government, encourage resident participation in City meetings, discuss proposed resolutions, and provide forums for interaction between Council members and the public.

No language above shall prevent the Council President or presiding officer from assigning any matter to a special or standing subcommittee of their choosing.

C. Records. All committees shall keep minutes and records of their meetings. All minutes shall be submitted to the Council Clerk.

D. Approval. No documents shall be submitted to the City Council on behalf of the committee unless approved by the committee.

E. Support. Appropriate clerical and administrative support will be provided by the Clerk at the request of the committee Chair to the presiding officer.

§ 565-10 Rule 10, Amendment or suspension of the rules.

A. Vote. Insofar as these rules are not of statutory source or origin, the same may be amended, repealed or suspended at any meeting by the two-thirds vote of Councilors present.

B. Concurrence. If any action is taken inconsistent with these rules, the same shall be construed to have been taken in the suspension of the rules thereof, provided that the City Council concurs in such action.

§ 565-11 Rule 11, Parliamentary procedure.

[Amended 8-21-2019 by Order No. FY 20-015]

A. Roberts Rules.

(1) In all matters of parliamentary procedure not provided for in these rules, the City Council shall be governed by the current edition of Robert's Rules of Order Newly Revised, Scott Foresman.

(2) At the request of the Council President, a parliamentarian may be asked to participate in City Council meetings.

B. Minutes. The minutes of the City Council meetings shall include the Councilor who makes a motion and also the Councilor who seconds same.

§ 565-12 Rule 12, Public participation.

[Amended 8-17-2022 by Order No. FY 23-023]

A. Conduct. Any member of the public desiring to address the City Council shall be recognized by the Chairperson or presiding officer, shall state their name and address in an audible tone for the record, and shall limit their remarks to matters of City business.

(1) Any citizen or petitioner shall be limited to three minutes or another amount of time at the discretion of the presiding officer.

(2) Upon the request of the presiding officer all persons shall be silent.

(3) Public members may be recognized to speak to the Council at the pleasure of the presiding officer or a majority of the Council present.

B. Nonresidents. Members of the public who are not residents of Greenfield may speak when all residents who wish to do so have spoken.

§ 565-13 Rule 13, Seating of the City Council.

Councilors At Large will be seated together. The Precinct Councilors will be arranged around the table clockwise in descending order.

§ 565-14 Rule 14, Request by Councilors for legal opinions/material.

[Amended 2-15-2023 by Order No. FY 23-107]

A. Definition. "Request by Councilors for legal opinions" is defined as any request by a Councilor for a legal opinion/material from any person that would incur an expense for the City of Greenfield.

B. Action required by Councilors. Any Councilor(s) wishing to receive an opinion or material that would incur an expense must submit in writing to the City Council President and Vice President the reasons for the request, the name of an appropriate legal counselor chosen based on the area of expertise, and an outline of the estimated cost. The Council President and Vice President will have 20 calendar days to submit their approval or rejection in writing to the requesting Councilor(s).

C. Approval of request for legal opinions/materials. When an approval is granted, the requesting Councilor(s) will forward the request, along with the name and contact information of the chosen legal counselor and estimated cost invoice, to the Clerk of the Council. The Clerk will send the legal counselor the request for the opinion/materials. Once the opinion/material is received, it will be forwarded to the full Council.

D. Rejection of request for legal opinions/materials. If a rejection is entered, or if the President and Vice President could not reach a unanimous decision, the Councilor(s) can appeal the decision by having said request placed on the next regular Council meeting agenda for consideration by the full Council. If a majority of the full Council approves the measure, the Councilor(s) would proceed as outlined in Subsection C.

E. Payment for legal counselor services. The legal counsel will submit a good faith estimate to the City Council President and Vice President, which shall include expected cost and possible expenses to be incurred. Council leadership shall review the estimate and within 10 days submit their approval or rejection in writing to the Council Clerk. If approved the process in Subsection C shall be followed (as applicable); if rejected the process in Subsection D shall be followed (as applicable).