[HISTORY: Adopted by the Board of Trustees
of the Village of Sea Cliff 10-1-1979, effective 11-4-1979. Amendments
noted where applicable.]
For the purposes of this chapter, the terms
used herein shall be as defined in the Public Officers Law.[1]
[1]
Editor's Note: See Public Officers Law § 92.
[Amended 3-21-2005]
Regular meetings of the Board of Trustees shall
be held at such times, days and dates as shall be designated by a
resolution of the Board of Trustees adopted at the annual meeting
and at such other times as shall be designated by resolution of the
Board of Trustees. In the event the Board of Trustees shall fail
to adopt a resolution, regular meetings shall be held on the first
and third Mondays of each month at 8:00 p.m. Regular meetings shall
be open to the public. This section and any amendments thereto and
any resolution of the Board of Trustees adopted hereunder shall constitute
notice of regular meetings to the members of the Board of Trustees.
A.
B.
Such order of business may be suspended or changed
at any meeting upon a majority vote of the Board of Trustees.
A.
Special meetings of the Board may be called by the
Mayor from time to time and shall be open to the public. Not less
than 24 hours’ notice of special meetings shall be given to
the members of the Board of Trustees unless an emergency exists.
[Amended 3-5-2012]
B.
Any Trustee attending a special meeting shall be deemed
to have received due notice thereof. Any Trustee not attending a special
meeting and who did not receive proper notice thereof may waive the
requirement of such notice and ratify any action taken at such meeting.
The order of business at special meetings shall
be as determined by the Mayor.
The annual meeting of the Board of Trustees
shall be held on the first Monday in April at 8:00 p.m.[1] The annual meeting shall be open to the public. This section
shall constitute notice of the annual meeting to members of the Board
of Trustees.
[1]
Editor's Note: See Village Law § 3-302.
The order of business at the annual meeting
shall be as determined by the Mayor.
A.
Executive sessions may be convened pursuant to law
for action on the following types of matters:[1]
(1)
Matters which would imperil the public safety if disclosed.
(2)
Matters which might disclose the identity of a law
enforcement agent or informer.
(3)
Information relating to current or future investigation
or prosecution of a criminal offense which would imperil effective
law enforcement if disclosed.
(4)
Discussions regarding proposed, pending or current
litigation.
(6)
The medical, financial, credit or employment history
of any person or corporation or matters leading to the appointment,
employment, promotion, demotion, discipline, suspension, dismissal
or removal of any person or corporation by the Board of Trustees.
(7)
The preparation, grading or administration of examinations.
(8)
The proposed acquisition, sale or lease of real property,
but only when publicity would substantially affect the value of the
property.
[1]
Editor's Note: See Public Officers Law, Article
7.
B.
A motion calling for an executive session must identify
the general subject to be considered at that session. Such motion
must be adopted by a majority vote of the Board of Trustees taken
at a meeting which is open to the public.
C.
Attendance at executive sessions shall be permitted
only to the members of the Board of Trustees, their designated representatives,
invited members of the Village staff and other persons authorized
by the Board of Trustees.
A.
Notice of meetings scheduled at least one week in
advance, other than regularly scheduled meetings.
(1)
Notice of meetings scheduled at least one week in
advance shall be posted at least 72 hours in advance of such meetings
in the office of the Village Clerk.
(2)
Notice of meetings scheduled at least one week in
advance shall be given to the official Village newspaper[1] at least 72 hours in advance of such meetings.
(a)
When notice to the official Village newspaper
is sent by mail, it shall be sent at least one week in advance of
such meetings to ensure that such notice will meet the seventy-two-hour
advance requirement.
(b)
When notice to the official Village newspaper
is delivered personally or is given by telephone, a form or log shall
be kept in which the person providing the notice shall record the
date, time and name of the representative of the news media to whom
notice was provided, and shall so certify in writing.
B.
Notice of meetings scheduled less than one week in
advance.
(1)
Notice of meetings scheduled less than one week in
advance shall be posted as soon as practicable in the office of the
Village Clerk.
(2)
To the extent practicable, notice to the official
Village newspaper shall be delivered personally or by telephone in
accordance with the procedure set forth above.
C.
Notice of regularly scheduled meetings.
(1)
Notice of meetings that are to be held regularly at
specific times and locations and on specific dates may be given by
a single notice to the public and the news media annually.
(2)
Notice of the regularly scheduled meetings shall be
posted in the office of the Village Clerk.
(3)
Notice of the regularly scheduled meetings shall be
provided by mail to the official Village newspaper.
D.
Any news media other than the official Village newspaper
which request notice of meetings shall be given such notice in accordance
with this section.
A.
Notice of meetings of the Board of Trustees shall
be provided to the public and the official Village newspaper by the
Village Clerk.
B.
Whenever possible, notice of the date, time and place
of meetings of the Board of Trustees shall be provided to any person
requesting same, whether such request is made in person, in writing
or by telephone.
A.
Except as hereinbefore provided, meetings of the Board
of Trustees shall be governed by standard parliamentary procedures.
B.
Meetings of the Board shall be held and formal action
taken thereat only when a quorum is present. A quorum shall be a simple
majority of the total number of Trustees. If a quorum is present at
a meeting, affirmative votes equal in number to a majority of the
whole Board of Trustees shall be necessary for any action to be taken,
except in cases where, by law, a larger proportion of the votes of
the whole Board of Trustees shall be required.
C.
The Village Clerk shall record the name of each Trustee
present and the manner in which such Trustee voted, including abstentions,
on each motion.[1] However, where a motion is approved or rejected by unanimous
vote, it shall be sufficient to record only those Trustees present
and the fact of the unanimous vote.
[1]
Editor's Note: See Public Officers Law §§ 87
and 96.
A.
Minutes shall be taken at all meetings of the Board
of Trustees which are open to the public and shall consist of a record
or summary of all motions, proposals, resolutions and any other matter
formally voted upon.
B.
Minutes shall be taken at executive sessions only
of actions taken by formal vote, if any, and shall consist of a record
or summary of the final determination of such action. Such record
or summary shall not include any matter which is not required to be
made public.[1]
C.
Minutes of meetings of the Board of Trustees which
are open to the public shall be available to the public after their
approval by the Board of Trustees at the next regular meeting. Minutes
of executive sessions shall be available to the public within one
week from the date of the executive session.[2] In the event that the Board of Trustees shall not have
approved such minutes of executive sessions within the one-week period,
the Mayor is authorized to conditionally approve such minutes prior
to public release, with such conditional approval subject to ratification
by the Board of Trustees at the next regular meeting.
[2]
Editor's Note: See Public Officers Law § 96.
[Added 3-5-2012]
A.
The agenda shall be prepared by the Clerk at the direction of the
Mayor. The Mayor or any Trustee may have an item placed on the agenda.
When possible, items for the agenda shall be given to the Clerk at
least 24 hours before the meeting; however, items may be placed on
the agenda at any time, including during the meeting.
B.
The agenda shall be prepared by noon on the day of the meeting. If
necessary, a supplemental agenda shall be distributed at the beginning
of the meeting. Upon completion of the agenda, if time permits, the
Clerk shall post the agenda on the Village website.
[Added 3-5-2012]
A.
The public shall be permitted to speak only during the public comment
period of a meeting or at such other time as a majority of the Board
shall permit.
B.
Speakers must step to the front of the room unless they are unable
to physically do so.
C.
Speakers must give their name, address and organization, if any.
D.
Speakers must be recognized by the Mayor or, in the absence of the
Mayor, the Deputy Mayor.
E.
Speakers must limit their remarks to five minutes on a given topic.
F.
Speakers may not yield any remaining time they may have to another
speaker.
G.
Board members may, with the permission of the Mayor, interrupt a
speaker during the speaker's remarks, but only for the purpose
of clarification or information.
H.
All remarks shall be addressed to the Board as a body and not to
any member thereof or a member of the public.
I.
Speakers shall observe the commonly accepted rules of courtesy, decorum,
dignity and good taste.
J.
Interested parties or their representatives may address the Board
by written communications.
K.
When deemed appropriate by the Mayor, any above guidelines may be
waived.
[Added 3-5-2012]
All members of the public and all public officials are permitted
to tape or video record public meetings. Recording is not permitted
during executive sessions. Any permitted recording should be done
in a manner which does not interfere with the meeting and does not
interfere with safe access or egress. 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 Village Board, size of the equipment,
location 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 or
with the Board's deliberative process or determines that it has
the potential to interfere with safe access or egress, the Mayor may
request an accommodation to avoid the interference and if not complied
with ask the individual to leave the meeting room.
[Added 3-5-2012]
The foregoing procedures may be amended from time to time by
a majority vote of the Board.
