[HISTORY: Adopted by the Common Council of the City of Peekskill 3-8-1999 (Ch. 14 of the 1984 Code).[1] Amendments noted where applicable.]
GENERAL REFERENCES
Authority to adopt rules — See Charter, §§ C32 and C43.
Suspension of quorum requirements during disaster — See Ch. 28.
Code of Ethics — See Ch. 48.
[1]
Editor's Note: This ordinance also repealed former Ch. 14, Common Council Rules, adopted 1-1-1974, as amended.
These rules of procedure shall be supplemental to the Peekskill City Charter. Any conflict between these rules of procedure and the Peekskill City Charter shall be resolved in accordance with the Peekskill City Charter.
[Amended 5-8-2000]
A. 
The Common Council shall hold regular meetings on the first, second, third and fourth Monday of each month, except the months of July and August. All such regular meetings shall be open to the public except those portions thereof held in executive session. During the regular meetings held on the first and third Monday of each month, the Common Council shall sit as a Committee of the Whole in a work session. During the regular meetings held on the second and fourth Monday of each month, the Common Council shall sit, for a portion thereof, as a Committee of the Whole in a work session and, for a portion thereof, in its full capacity as Common Council. Committee of the Whole work sessions shall be held in the office of the City Manager at City Hall unless otherwise designated by the Common Council. All other Common Council meetings shall be held in the Council Chamber unless otherwise designated by the Common Council. The time of commencement of all meetings shall be set by the Common Council from time to time, and a listing thereof shall be posted on the bulletin board in the lobby of City Hall and made available to the public in the office of the City Clerk at least three days before any meeting scheduled thereon.
B. 
Any deviation of the foregoing subsection shall be determined by the Common Council. The Committee of the Whole shall be considered a standing committee.
Special meetings of the Common Council are all those Council meetings other than regular meetings. A special meeting may be called by the Mayor or any two Council members upon notice to the entire Council. Notice shall be given by telephone, in person or in writing so that it is received at least two days prior to the date fixed for the meeting.
A quorum shall be required to conduct business. A quorum of the seven members of the Council shall be four. In the absence of a quorum, a lesser number may adjourn and compel the attendance of the absent members.
A. 
When a question, motion or resolution is before the Common Council, the following motions shall be received and have precedence as follows:
(1) 
For an adjournment.
(2) 
To lay on the table.
(3) 
To postpone to a certain date.
(4) 
To commit to a standing committee
(5) 
To commit to a special committee
(6) 
To commit to the Committee of the Whole
(7) 
To amend.
(8) 
To reconsider.
(9) 
To postpone indefinitely.
B. 
Except as herein provided, the proceedings of the Common Council shall be governed by Robert's Rules of Order Revised.
Executive sessions shall be held in accordance with the New York State Public Officers Law, § 105.
A. 
The City Manager shall prepare or cause to be prepared an agenda for all regular meetings of the Common Council, which shall be in detail form so as to provide the Mayor and members of the Common Council with information concerning business to be transacted at the meeting. Said agenda shall include any resolutions or appointments submitted by the Mayor or members of the Common Council, provided that same shall have been discussed at a meeting of the Committee of the Whole prior to the regular meeting for which any such resolutions or appointments shall be included on the agenda. The Mayor and members of the Common Council shall submit copies of all resolutions or appointments to the City Manager in sufficient time in advance so that the agenda may be prepared before the time specified herein. The agenda for each meeting shall be prepared and served either personally or by mail upon the Mayor and each member of the Common Council on or around 5:00 p.m. on each Friday of the week preceding the date of the regular meeting. Copies of the agenda are to be sent at the same time to the press and radio.
B. 
No resolution or business shall be transacted at the regular meeting of the Common Council unless such resolution or business appears upon the agenda of the meeting and members of the Common Council have received the agenda of the meeting within the same time specified herein. By consent of a majority of the members of the Common Council, this provision may be dispensed with so that the business or resolution may be considered and acted upon at such meeting even though not appearing on the agenda.
C. 
The City Manager shall prepare or cause to be prepared an agenda for all meetings of the Committee of the Whole. On this agenda shall appear all matters which have been referred by the Common Council or the City Manager to the Committee of the Whole. This agenda shall be delivered to the Mayor and the members of the Common Council at least two days before the meeting of the Committee of the Whole.
Pursuant to the General City Law, each member of the Common Council shall have one vote. A majority of the totally authorized voting power is necessary to pass a matter unless otherwise specified by state law. A vote upon any question shall be taken by ayes and nays, and the names of the members present and their votes shall be entered in the minutes.
A. 
Minutes of all public meetings shall be taken by the Clerk. Minutes shall consist of a record or summary of all motions, proposals, resolutions and any other matter formally voted upon and the vote thereon. Minutes shall also include the following:
(1) 
Name of the Common Council.
(2) 
Date, place and time of meeting.
(3) 
Notation of presence or absence of Council members and time of arrival or departure if different from time of call to order and adjournment.
(4) 
Record of communications presented to Council.
(5) 
Record of reports made by the Council or other City personnel.
(6) 
Time of adjournment.
(7) 
Signature of Clerk or person who took the minutes if not the Clerk.
B. 
Minutes need not contain a summary of the discussion leading to action taken or include verbatim comments unless a majority of the Council shall resolve to have the Clerk do so. Amendments to the minutes shall require Council approval.
A. 
The order of business shall be:
(1) 
Call to order.
(2) 
Roll call.
(3) 
Reading and approval of minutes of previous meeting.
(4) 
Statements by citizens desiring to be heard (first segment).
(5) 
Communications.
(6) 
Department and City Manager reports.
(7) 
Reports of standing committee.
(8) 
Reports of special committee.
(9) 
Old business.
(10) 
New business.
(11) 
Statements by citizens desiring to be heard (second segment).
(12) 
Adjournment.
B. 
The order of business need not be followed if the Mayor determines that it is necessary to deviate.
The Mayor shall preside at meetings. In the Mayor's absence the Deputy Mayor shall preside. The presiding officer may debate, move and take other action that may be taken by other members of the Council.
[Amended 1-24-2000; 9-12-2011]
The Mayor or, in his or her absence, the Deputy Mayor or his or her designee shall be the presiding officer of all meetings. The presiding officer of each meeting shall have, to the fullest extent provided by New York State law, the sole authority to regulate public comment at any meeting as he or she, in his or her sole discretion, shall see fit, including, but not limited to, the authority to set priority for topics of comment, to recognize persons to make comment, to extend or limit the time for any person to make comment and to declare any person to be out of order for failure to follow his or her directives in this regard. In governing the meeting and regulating public comment the presiding officer shall consider, but shall not be strictly bound by, the following guidelines:
A. 
The public shall be allowed to speak during the period of the meeting designated as "Statements by Citizens Desiring to be Heard," or at such other time as a majority of the Council shall allow, or at public hearings on local laws, zoning laws and the City budget, or any other time required by state law or City Charter. Speakers must stand and come to the podium to speak. Speakers are requested to give their name, address and organization, if any. Speakers must be recognized by the presiding officer. During the segment of the meeting designated "Statements by Citizens Desiring to be Heard," speakers are requested to limit their remarks to three minutes and will be advised by the City Clerk when three minutes have expired. Speakers are requested to conclude their remarks at that time. "Statements by Citizens to be Heard" is intended to afford persons an opportunity to express opinions and to bring important matters to the attention of the Common Council. Although they may, nothing herein shall require the Mayor or the Council to answer questions or engage in debate at any Common Council meeting.
[Amended 10-7-2013]
B. 
All remarks shall be addressed to the Council as a body and not to any member thereof. Speakers shall observe the rules of decorum set forth in Subsection C of this § 20-12. Interested parties or their representatives may address the Council by written communications. Written communications shall be delivered to the Clerk or his or her designee.
C. 
Rules of decorum.
(1) 
Purposes of rules of decorum.
(a) 
To ensure that meetings of the Common Council are conducted in a way that allows the business of the City to be effectively undertaken.
(b) 
To ensure that members of the public who attend meetings of the Common Council can be heard in a fair, impartial manner.
(c) 
To ensure that meetings of the Common Council are conducted in a way which is open to all viewpoints and which is protective of the content of each speaker's speech and expression, yet is free from abusive, distracting or intimidating behavior.
(d) 
To ensure that these rules of decorum are understood by persons attending Common Council meetings.
(e) 
To ban egregious, inappropriate, and obstructive behavior at meetings of the Common Council.
(2) 
Sergeant at Arms. The Chief of Police or the Chief's designee shall serve as Sergeant-at-Arms at meetings of the Common Council.
(3) 
Rules for the speaker.
(a) 
The speaker shall conduct himself or herself in a professional and respectful manner.
(b) 
All remarks shall be directed to the Common Council, and not to City staff or the public in attendance.
(c) 
The speaker shall not defame, intimidate, make personal affronts, make threats of violence, or use profanity.
(4) 
Rules for the public. Members of the public in the audience shall not engage in any of the following activities during a Common Council meeting:
(a) 
Shouting, unruly behavior, distracting side conversations, or speaking out.
(b) 
Clapping while another person is addressing the Common Council.
(c) 
Defamation, intimidation, personal affronts, threats of violence, or profanity.
(d) 
Behavior that disrupts the orderly conduct of the meeting.
(5) 
Enforcement of rules of decorum.
(a) 
The Mayor or presiding officer requests that a person who is violating a rule cease the violation.
(b) 
If the violation continues, the Mayor or presiding officer warns the person that he/she may be required to leave the meeting room if the violation continues.
(c) 
If the person does not cease the violation and the Mayor or presiding officer declares the person out of order, the Sergeant at Arms takes steps to remove such person from the meeting room.
A. 
All members of the public and all public officials are allowed to tape or video record public meetings. Recording is not allowed during executive sessions. The recording should be done in a manner which does not interfere with the meeting from a location established and set aside for such recording.
[Amended 10-7-2013]
B. 
The Mayor may make the determination that the recording is being done in an intrusive manner, taking into consideration, but not limited to, brightness of lights, distance from the deliberations of the City Council, size of the equipment and the ability of the public to still participate in the meeting. If the Mayor makes the determination that the recording is intrusive and has the effect of interfering with the meeting, the Mayor may request an accommodation to avoid the interference and, if not complied with, may ask the individual to leave the meeting room.
Meetings shall be adjourned by motion.
Any members of the public who violate the rules of procedure set forth in this chapter shall be subject to the penalties specified in § C43a of the City Charter.
The foregoing procedures may be amended from time to time by a majority vote of the Council.