City of Cohoes, NY Chapter 18 Common Council, Rules of Order

[HISTORY: Adopted by the Common Council of the City of Cohoes 6-1-1915 by Ord. No. 36; amended in its entirety 1-12-1999 by Ord. No. 6-1999. Amendments noted where applicable.]

§ 18-1 Rules of order.

The following rules shall be the rules of order of the Common Council:

A. A majority of the Council Members elected shall constitute a quorum, but a smaller number may adjourn from time to time and compel the attendance of absent members. The Council shall be called to order by the Mayor, President or, if both be absent, by the Vice President who shall preside until the Mayor or President appears. The Common Council shall, in the absence of the Mayor, President and Vice President, at any regular meeting, elect one of its members President pro tempore to preside for the purpose of that meeting.

B. After the calling of roll and the reading and approving of minutes, the order of business, which shall not be departed from except by the consent of a majority present, shall be as follows:

(1) Communications from the Mayor, heads of departments and city officers.

(2) Consideration of vetoes.

(3) Presentation of petitions, remonstrances and communications.

(4) Reports of standing committees.

(5) Reports of select committees.

(6) Consideration of proposed ordinances.

(7) Consideration of ordinances moved for final adoption.

(8) Resolutions.

(9) Miscellaneous or unjustified business.

C. All committees and officers of the Council to whom any petition, account or other matter shall be referred shall make a report thereon, in writing, at the first regular meeting after such reference, and the presiding officer at each regular meeting shall call upon such committees and officers for their reports in the order stated in Subsection B. Committees and officers, on making their reports, shall return the petition, account or other matter referred.

D. All reports shall be entered in the minutes and filed with the Clerk.

E. No question shall be debated or put unless the same shall be seconded. When a motion is seconded, it shall be stated by the President before debate, and every such motion shall be reduced to writing if any member requests it.

F. Questions of order shall be decided by the chair, without debate, subject to an appeal to the Council, which shall also be decided without debate.

G. The President of the Common Council shall appoint the chairpersons and members of all standing and select committees thereof, except where the committee of the whole shall otherwise order. The President may create such subcommittees of each standing committee, as may be necessary, and shall appoint the chairpersons and members of all such subcommittees thereof, except where the committee of the whole shall otherwise order.

H. Motions to adjourn, to lay on the table and for the previous question shall always be in order and shall be decided without debate.

I. The standing committees of the Common Council shall consist of three members each. Appointments to such committees shall be in writing and filed with the City Clerk. The President may assign such bills, resolutions, local laws or other matters as he/she deems necessary to a committee germane to the subject matter. The standing committees shall be as follows:

[Amended 1-11-2000 by Ord. No. 1-2000; 3-26-2002 by Ord. No. 6-2002]

(1) Audit and Finance Committee.

(2) Community Development, Human Services, and Recreation Committee.

(3) Personnel and Public Safety Committee.

(4) Office of General Services Committee.

(5) Taxes and Assessments Committee.

J. The regular meeting of all committees to which any matter has been referred shall be held at a time and place as designated by the chairperson, at which time any person may appear in person or by an attorney before any of said committees, concerning any matter pending before it.

K. No committee shall have the power to employ any person for or on behalf of the city or incur any expense, unless specially authorized by the Council.

L. Every ordinance proposed shall have the name of the Council Member introducing the same endorsed thereon, shall contain a brief statement of the nature of the ordinance and shall contain the following enactment clause: "The City of Cohoes, in Common Council convened, ordains as follows." No law or ordinance shall be passed by the Common Council unless the same shall be approved as to form by the Corporation Counsel, which approval shall be endorsed thereon, in writing, by the Corporation Counsel.

M. The regular meeting of the Council shall be held on the fourth Tuesday of each month and shall convene at 7:00 p.m. The Council shall convene on the second Tuesday of each month at 7:00 p.m. for a public "workshop." The Mayor and the Corporation Counsel shall also attend the public workshop. The agenda of city business to be discussed at the public workshop shall be set by the Common Council President and the Mayor, although any council member may move to discuss a topic of business not on the agenda. The Council may invite any city official or employee, or member of the public, to discuss a topic on the agenda. The first 15 minutes of the workshop shall be reserved for public comment if necessary, and the remainder of the workshop shall be conducted without public comment. No official action will be taken on any legislation at a workshop; however, resolutions, ordinances and local laws, if in their final form, may be introduced to members of the Council and the public.

[Amended 8-15-2000 by Ord. No. 7-2000]

N. No rule of this Council shall be altered, suspended or rescinded unless by a majority vote of all the members elected; and no motion to alter, suspend or rescind any such rule shall be in order without the unanimous consent of the Council, unless notice thereof shall have been given at the previous regular meeting, and no motion to suspend shall embrace more than one rule or relate to any other subject than the one specified in said motion.

O. From and after the adoption of these rules of order, all existing rules of order or procedure of the Common Council are repealed, but such repeal shall not revive any rule of order or procedure of the Common Council heretofore repealed.

§ 18-2 Duration of appointment to standing committees.

The President of the Common Council is authorized and directed to make appointment of all standing committees forthwith as in these rules of order, provided that such committee appointments shall expire on the 31st day of December of each year. All standing committees and appointments thereto heretofore made shall cease and terminate.

§ 18-3 Record of ordinances.

[Added 12-22-2009 by Ord. No. 12-2009]

Every ordinance shall, upon its taking effect as herein provided, be recorded in a book kept for that purpose by the Clerk. Such records shall include the signature of the officer presiding, attestation of the Clerk and the Mayor’s written approval, or, in case of his/her disapproval, a memorandum of its passage over his/her veto, or, in case the ordinance took effect because he/she failed to approve or disapprove and return within 10 days, then a memorandum to that effect. Such record or a certified copy thereof shall be presumptive evidence of the passage of the ordinance and of the facts certified. The original engrossed ordinances for each year shall be kept in the custody of the Clerk.