HomeMy Public PortalAbout06-29-2010 Rules Report on revised rulesMeeting of the Committee on Rules and Ordinances
Tuesday, June 29, 2010 @9:00 AM
Council Office
Administration Building
Present:
Councilor Anthony Palomba, Chair
Councilor John Donohue, Vice Chair
Councilor John Lawn, Secretary
The Committee met to review the latest draft of the revised Council Rules. Upon completing the review,
the Committee agreed that the revised version be sent to the members of the Council for their
consideration. Further, the Committee agreed that any suggestions from the members would be
considered prior to the formal presentation of the Council Rules to the Council at its August meeting.
The meeting was adjourned at approximately 9:15 AM.
Attachments:
Council Rules for presentation to the August meeting of the Town Council, including at Table of Contents
and Definitions.
Definitions
Censure — a formal vote by a majority of the Town Council expressing disapproval of a member's
conduct.
Lay on the Table - is a motion is can not be debated and cannot have any subsidiary motion
applied to it. The motion temporarily suspends further consideration/action on the pending
questions. No motion that has another motion adhering to it can be laid on the table by itself; if laid
on the table it carries with it everything that adheres to it.
Move the Previous Question - is a motion to bring the council at once to a vote on the immediately
pending question and on such other pending questions as may be specified in the demand. It is the
proper motion to use for this purpose, whether the object is to adopt or to kill the proposition on
which it is ordered, without further debate or motions to amend.
Order - a formal opinion or will of the council expressed by order or command and adopted by
vote. An order does not regulate or govern people nor does in provide a penalty for its violation.
Ordinance — any Town Council enactment that regulates or governs people and provides a penalty
for its violation. Ordinances have the effect of law.
Petition — a citizen initiated request to the Town Council for passage of a particular measure.
Point of Information — raised by a councilor when he/she would like to ask a question pertaining to
the topic under discussion.
Point of Order — raised by a councilor when he/she believes there has been an infraction of the
Rules of the Council or believes that improper decorum has occurred.
Point of Personal Privilege — raised by a councilor when he/she believes they cannot participate in
the preceding because of noise, personal comfort, etc.
Postpone to a Certain Time (or Postpone Definitely) - is a motion to allow for limited debate
which must not go into the merits of the main question any more than is necessary to enable the
assembly to determine the propriety of the postponement
Postpone Indefinitely - is a motion to takes precedence of nothing except the main motion to
which it is applied, and yields to all privileged, incidental, and other subsidiary motions. It cannot
be amended or have any other subsidiary motion applied to it except the previous question and
motions limiting or extending the limits of debate. It is debatable and opens the main question to
debate.
Proclamations — an enactment of the town council only for the purpose of congratulating or
thanking individuals or organizations for their accomplishments or contributions to the community
or marking important holidays, occasions, or events.
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Public Forum — an opportunity for a resident of the town to address the town council about any
matter relevant to the governance and operation of the town.
Public Hearing — a legal requirement carried out by the town that gives residents an opportunity to
comment on an issue before the town council.
Reconsideration - is a motion by a councilor to reconsider at vote that has been taken by the
Council. Only a councilor who voted with the majority on the question can ask for reconsideration.
Request for Information — a formal action by a member of the Town Council of the Town
Manager for administrative, operational, or financial information related to the Town of Watertown.
Reprimand — a formal vote by the majority of the Town Council expressing displeasure of a
member's behavior. A reprimand is considered a lesser level of disapproval than a censure.
Resolution- a formal expression of the opinion or will of the city council, adopted by vote. A
resolution differs from an ordinance, in that a resolution provides direction while an ordinance
permanently amends the code of the city and enforcement of that code
Take from the Table - is a motion to consider an order of business that has been laid on the table.
It can only be made the council meeting at which the order of business was laid on the table. The
motion is not debatable and can only be consider unless some business has been transacted since the
question was laid on the table.
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Table of Contents
Table of Contents
Definitions
Organization — Rule 1
Swearing In
Election of Vice President
Seating of Council
Electronic Distribution
Meetings of the Council — Rule 2
Meeting Locations, Times, Dates, and Agendas
- Special Meetings
- Notice
- Presence of the Town Manager
- Executive Session
- Quorum
- Minutes
Presiding Officer — Rule 3
- Role of Vice President and or Presiding Officer
- Duties
Voting — Rule 4
- Procedures
- Reconsideration
- Charter Privilege
Debate — Rule 5
- Procedures
- Members of the Public
Pages I and II
Pages III and IV
Page 1
Pages 1 - 3
Page 3
Page 4
Page 4 - 5
Precedence of Motions —Rule 6 Page 5
Clerk of the Council — Rule 7
Responsibilities
- Filing of Papers
- Proclamations
Listings of Matters
- Hearing Authorization
Draft and Final Agendas
Order of Business — Rule 8
- Referred to Committee
- Appointments
Requests for Information
- Finance Matters
Pages 5 - 8
Pages 8 —10
- Endorsements
- Rejections of Petitions and Other Matters
- Processing of Papers
Enacting Style — Rule 9 Page 10
Ordinances — Rule 10 Page 10
Committees — Rule 11 Pages 11 — 13
- Standing Committees
- Appointments to Committees
- Committee Process
Communications to the Council — Rule 12 Page 13
Admission in the Rail — Rule 13 Page 13
Recording of Meetings — Rule 14 Pages 13 —14
Public Participation — Rule 15 Page 14
Smoking Prohibited — Rule 16 Page 14
Parliamentary Authority — Rule 17 Page 15
Amendment or Suspension of the Rules — Rule 18 Page 15
Dispute Resolution Process —Rule 19 Page 15 —16
Sanctions for Violations of the Rules — Rule 20 Page 16 - 17
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TOWN OF WATERTOWN, MASSACHUSETTS
RULES OF THE TOWN COUNCIL
REVISED ON MARCH 27, 2007
Submitted for Vote with Revisions August, 2010
ORGANIZATION
Rule 1. 1.1 The Town Council shall meet for the purpose of organization
on the first secular day of January following the municipal election and the members
shall severally, before the Town Clerk, take their respective oaths of office to perform
faithfully the duties of such office, provided that any member -elect who shall not be
present at such organizational meeting shall take said oath at the first regular or special
meeting of the Town Council which such Councilor -elect shall attend.
1.2 The Town Council shall, by majority vote of all members
elected, elect a Vice President and such other officers as it shall from time -to -time deem
appropriate.
1.3 Seating of the Council at the organizational meeting or at its
first regular meeting thereafter, the order of seating of the members shall be determined
by drawing of lots, provided however that the President of the Council shall occupy the
center seat and the Vice President of the Council shall occupy the seat to the immediate
right of the President. Members shall draw for such purpose in order of seniority of
service, provided however, that in the event that two or more members shall have similar
seniority in service, then the member who shall be senior in both service and age shall
have precedence.
1.4 The Town Council clerk shall distribute all Council -related
documents electronically in a timely fashion.
MEETINGS OF THE COUNCIL
Rule 2. 2.1 Regular meetings of the Town Council shall be held in the
Richard E. Mastrangelo Chamber of the Watertown Administration Building or, if agreed
upon by a majority of the members any other suitable location within the Town of
Watertown, at 7:15 o'clock in the evening of the second and fourth Tuesday of each
month, provided however, that the members may, by two-thirds vote, agree to hold any
regular meeting on such other date as may be convenient.
2.2 The Town Council shall be required to meet only once during
the months of July, August and December, said meeting to be held on the second
Tuesday of said months, and may meet a second time upon prior approval by vote of the
members.
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2.3 In the event any holiday or primary or general election shall
fall on the regular meeting date, the Town Council shall meet on the business day next
following.
2.4 No board, commission or committee of the Town shall meet
concurrently with the time of any regular or special meeting of the Town Council,
provided however that this rule may be waived by the Council President, and provided
further that a copy of any waiver granted under this rule shall be filed with the Town
Clerk.
2.5 No agenda item at a regular meeting of the Town Council,
except Executive Session and Public Forum, may be brought forward for consideration
after 10:30 PM. A regular meeting of the Town Council shall adjourn after action is
taken on the agenda item being considered at 10:30 PM. An adjourned meeting of the
Council shall not and may not be reconvened.
2.6 Special meetings of the Town Council shall be held at the call
of the President of the Town Council, or at the call of any three or more members, such
call to be by written notice delivered in hand or to the place of residence of each member,
provided however, that any such notice shall contain a listing of the specific matters to be
acted upon. Except in the case of emergency, of which the President of the Council shall
be sole judge of the time set for such meeting and a copy of any such notice shall be
delivered not less than forty-eight (48) hours in advance of the time set for such meeting
and a copy of any such notice to the members shall forthwith, be posted upon the Town
bulletin board,
2.7 All special meetings of the Town Council shall be held in the
Richard E. Mastrangelo Chamber unless an emergency, of which the President of the
Council shall be sole judge, shall require such meeting to be held elsewhere, in which
case the nature of the emergency and the location of such special meeting shall be clearly
stated in the notice required by these rules.
2.8 The Town Manager shall be expected to attend all regular or
special meetings of the Town Council, unless otherwise specified by a vote of the
members.
2.9 Except as otherwise authorized or provided by General Law,
all sessions of the Town Council and every committee or subcommittee thereof, shall be
open to the public and the media.
2.10 At the discretion of the Council President, an Executive
Session may be held prior to or after a regularly scheduled Council meeting. Executive
sessions shall be convened as allowed under Massachusetts General Law. All matters
discussed in an executive session shall remain confidential until a vote is taken by the
Council to release the minutes of the meeting or report publicly said discussion.
2.11 The presence of five (5) members shall constitute a
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quorum for the transaction of business. Except as provided by General Law, the Town
Charter or these rules, the affirmative approval of not fewer then five (5) members shall
be required to adopt any ordinance or appropriation order.
2.12 The minutes of regular and special meetings of the Town
Council shall consist of the proceedings of the Council's order of business, including
motions and second, votes, and questions of order along with the decisions thereon; said
minutes shall list those members of the Council or of the public speaking on a given issue
and shall provide only in summary form the major points raised by speakers. The
minutes shall also include:
A. a copy of all Committee reports presented during the meeting;
B. a copy of any statement presented a member during a meeting which has been
delivered in written form prior to the end of the meeting;
C. a copy of the tally sheets for each roll call vote of the Council indicating the
vote of each member; and
D a copy of any other written document submitted during the meeting by any
person.
PRESIDING OFFICER
Rule 3. 3.1 The President of the Town Council, if present, shall preside at
all meetings. In the absence of the President, the Vice President shall preside, and, in the
absence of both the President and the Vice President, a temporary chair shall preside who
shall be the senior member in length of service, provided however, that in the event that
two or more members shall have similar seniority in service, then the member who shall
be senior in both service and age shall have precedence and serve during the absence of
both the President and the Vice President.
3.2 It is the duty of the presiding officer to preserve the decorum
and order of a council meeting. He or she may speak to questions of order in preference
to other members. He or she shall decide all questions of order, subject to an appeal of
the entire Town Council, which appeal shall be seconded; and no other business shall be
in order until the question on the appeal from the ruling of the chair shall be decided by
the members by a call of the roll and the ruling of the chair shall stand unless a majority
of members shall vote to the contrary. The chair shall be permitted to vote on any
question of appeal.
3.3 The presiding officer shall declare all votes or other action of
the members and, if the result shall be in doubt, may call for a standing vote. Such
declarations by the presiding officer shall stand unless reversed by a call of the roll.
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VOTING
Rule 4. 4.1 All final votes of the Town Council on matters involving
appropriations, expenditures, transfers of monies and/or bonding, shall be taken by a call
of the roll and the result of such call of the roll shall be entered upon the records.
Additionally, the roll shall be called upon any other pending matter at the request of any
member. In the calling of the roll, the order in which the names of the members are
called shall be rotated following each such call of the roll.
4.2 When a question is put by the presiding officer, every member
shall be entitled to vote yes, no, or present.
4.3 Prior to any vote, the Clerk of the Council shall record and read
aloud the exact language of the measure or motion to be voted on. The exact language
shall also appear on the computer monitors in the Council Chambers.
4.4 Members shall not participate in the consideration of, nor vote
on, any question, nor serve on any committee or sub -committee, in which his or her
private interest shall be immediately concerned distinct from that of the Town or the
public.
4.5 Prior to the announcement of the result of a call of the roll by
the presiding officer, any member may ask to have his or her name called again for the
purpose of confirming his or her vote or being recorded differently.
4.6 When a single member invokes the Charter Privilege (Charter
Section 2-9(b)), any vote on the measure then before the Council shall be postponed until
the next meeting of the Council. However, debate and public comment on the measure
may continue in accordance with these Rules.
4.7 A member who invoked the Charter Privilege may present a
motion to withdraw the Charter Privilege. The motion will be treated according to Rules
of the Council. If the members vote in favor of the motion, the presiding officer shall
place the original measure before the Council.
DEBATE
Rule 5. 5.1 No member shall speak more than twice to the same question
without leave of the presiding officer, nor more than once until all other members
desiring to do so shall have spoken. No member shall have or hold the floor for more
than ten (10) consecutive minutes of debate, unless such time shall be extended by the
affirmative vote of two-thirds (2/3) of the members.
5.2 Petitioners and members of the public, if recognized by the
presiding officer, shall be permitted to make public comment in accordance with Rule 15.
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5,3 Once stated or read by the presiding officer, a matter shall be
deemed to be in the possession of the Town Council and shall be disposed of by vote or
other appropriate action, provided however, that the mover may withdraw the motion or
other matter at any time prior to amendment or other action by the members.
PRECEDENCE OF MOTIONS
Rule 6. 6.1 During consideration of any matter properly before the
members, the presiding officer shall receive no motion except those listed herein, which
motions shall have precedence in the order listed:
To adjourn
To recess
To lay on the table
To take from the table
To move the previous question
To limit or extend the limits of debate
To postpone to a date and/or time certain
To refer
To amend
To postpone indefinitely
6.2 Following a vote of the Town Council it shall be in order for
any member who shall have voted with the prevailing side to move reconsideration
thereof at the same meeting at which said vote was taken, or to file with the Clerk of the
Council not later than twelve o'clock noon on the next business day following such
meeting, a written motion for reconsideration. Following receipt of such a written
motion for reconsideration, the Clerk of the Council shall place said motion on the
calendar for the next regular or special meeting of the Town Council, and cause the same
to be included in the call thereof, and the Clerk of the Council shall also notify each
member in writing of the filing of any such written motion for reconsideration. If any
matter shall have been decided by a tie vote, the prevailing side shall be considered to be
that side in whose favor the question was decided. Not more than one motion for
reconsideration shall be entertained for any one vote, and no vote upon any motion to
adjourn, to lay upon the table, to take from the table or to move the previous question
shall be subject to reconsideration.
CLERK OF THE COUNCIL
Rule 7. 7.1 The Clerk of the Council shall attend and keep records for all
regular and special meetings of the Town Council, shall record the names of member
present, and shall have the care and custody of all records, documents, maps, plans,
papers and other records and materials pertaining to the business of the Town Council.
Councilors seeking to review audio or video tapes of Council meetings that are in the
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possession of the Council Clerk, can borrow such tapes for up to 72 hours by completing
a sign out form.
7.2 Matters to be placed on the agenda for the Town Council,
including but not limited to reports and communications from the Town Manager and
other town officials, boards, departments and commissions, and any ordinance, order,
resolution, proclamation or other matter of business to be presented to the members for
action at a regular meeting of the Town Council shall be submitted to the Clerk of the
Council not later than 5:00 o'clock in the afternoon on the Thursday preceding the
regular meeting at which such matter is to be considered by the Town Council. With
concurrence of the Council President, an item may be added to the Council agenda up to
12:00 Noon Friday. Items for placement on the agenda of upcoming Council meetings
shall in the absence of the Clerk of the Council, be deposited with the office of the Town
Clerk. Said office shall record the date and time of receipt of such items and shall
forward them to the Clerk of the Council during his/her next scheduled working hours.
Every effort shall be made to have all matters which are submitted for placement on the
agenda accompanied by materials sufficient to inform Council members of the nature and
purpose of the agenda item.
7.3 If time does not allow a proclamation to be submitted in
accordance with Rule 7.2, any member may, after notifying the Council President, may
issue such proclamation. The member shall also notify the Clerk of the Town Council as
soon as possible. Any proclamation issued in this manner shall be subject to ratification
by the Town Council at its next meeting, at which time the proclamation shall be
recorded in the minutes of the meeting.
7.4 Items submitted by members shall be placed on the agenda,
unless the Council President removes an item and informs the sponsoring member why
such action was taken. In the instance that an item is removed from the agenda by the
Council President, said item shall be placed on the agenda of the subsequent meeting, at
the request of the sponsoring member.
7.5 The agenda for each regular meeting of the Town Council,
together with copies of matters to be considered shall be delivered by the Clerk of the
Council to the metnbers not later than 5:00 o'clock in the afternoon on the Friday
preceding such regular meeting.
7.6 The Clerk of the Council is authorized and directed by these
rules to order and publish notice of hearings on petitions presented which require such
public hearing by the Town Council.
7.7 The Clerk of the Council shall prepare the draft minutes of
each regular Town Council meeting and shall provide a copy thereof to each member no
later than 5:00 PM on the Monday following the meeting, or by 5:00 PM on the third
business day following a special meeting. If necessary, exceptions to this timetable may
be made by the Council President.
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1. The draft minutes shall include a copy of the Clerk of the Council's summary
of the meeting, including motions and seconds, votes, and major points raised by Council
members and members of the public.
2. Members shall provide all submissions in typed form. However, the report of
any Committee, including any separate statement of any Committee member, from a
meeting conducted on the same day as the Town Council meeting may be submitted in
hand-written form. The Council Clerk shall reproduce any hand-written Committee
report or statement in type written form for inclusion in the official records of the Town
Council.
3. Members may propose corrections of factual errors/or additional comments.
Corrections of factual errors shall identify the specific information in the draft minutes
that is in error and, if approved by the Council, shall result in a change in the body of the
minutes. Additional comments shall elaborate upon remarks and comments made by the
member at the Council meeting and, if approved by the Council, shall be appended to the
final minutes. Additional comments shall be limited to one typed page. Corrections or
additions shall be delivered to the Clerk of the Council in typed form no later than 5:00
PM of the Thursday preceding the next regular Council meeting. In the case of a special
meeting, such submission deadline shall be at noon on the fifth business day following
the day of delivery of the draft minutes. The Clerk of the Council shall include in the
members' packets for the next regular Council meeting a copy of the original draft
minutes together with a copy of every correction or addition submitted by a member,
including the identification of the member who submitted it. In voting on the acceptance
of the minutes at the following Town Council meeting, the Town Council may take a
single vote on the draft minutes including corrections and additions, unless any single
member requests separate votes.
4. In the event that a member submits a written request for a correction or
addition after the distribution of the members' packets on the Friday prior to a regular
Town Council meeting, the minutes in question shall be automatically laid on the Table
at the Town Council meeting, and not taken up until the next subsequent Council meeting
so as to allow members the opportunity to consider fully such corrections or additions
prior to the vote for the acceptance of the minutes.
5. If a motion is made to table the draft minutes for the purpose of amending or
modifying the minutes, and this motion is approved by the Town Council, the councilor
who made this motion shall provide to the council clerk such amendments/modifications
in writing within 5 business days of the action to table the minutes. All
amendments/modifications will be provided to the Clerk of the Council and included in
materials forwarded to councilors for the next meeting of the Town Council.
6. Any correction or addition to the draft minutes must be approved by a majority
vote of the Town Council.
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7. Upon acceptance of the draft minutes by a vote of the Town Council, the Clerk
of the Council shall revise the draft minutes to incorporate corrections and append
additions accepted by the Town Council, and shall file the final minutes with the Town
Clerk within one week of the Town Council's vote of acceptance.
ORDER OF BUSINESS
Rule 8. 8.1 The Order of Business for regular meetings of the Town
Council, which order shall not be departed from except by the affirmative vote of a
majority of the members present, shall be as follows:
Call of the Roll
Pledge of Allegiance
Examination of records of previous meetings
Public Forum
Old Business
President's Report
Motions for reconsideration
Unfinished business from prior meetings
Presentations of petitions, proclamations. and similar papers and matters
Motions, Ordinances, Order, and Resolutions
Public Hearings
Reports of Committees
Communications from the Town Manager
Consideration of nomination for appointments
Communications and Reports from Town Officers and Employees
Requests for Information/Review of List of Pending Matters
Announcements
Public Forum
Recess or adjournment
8.2 The posted notice of the Agenda for the Town Council shall
state this order of business.
8.3 All matters and items of business appearing on the agenda of
the Town Council shall be taken up in the order in which they appear on said agenda,
shall be subject to full and open debate, and shall be disposed of by vote or other action
of the Town Council prior to consideration of any other item of business.
8.4 No matter or item of business shall be referred to committee by
an affirmative vote of two-thirds (2/3) of the members except for one or more of the
following purposes:
a. for study and report to a subsequent meeting,
b. for the purpose of drafting an ordinance or resolution, or
c. for the purpose of gathering information from persons with knowledge or of
interest in matters of importance to the Council.
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8.6 Action by the Town Council regarding appointments by the
Town Manager or other persons, which appointments shall require confirmation by the
Town Council, shall be received and then tabled forthwith until the regular meeting next
succeeding the meeting at which such nomination was received, and the matter of the
appointment shall be referred to the appropriate committee or subcommittee for hearing,
review and recommendation.
8.7 A member who makes a request for information shall provide a
written summary of his/her request to the Clerk of the Council. The office of the Town
Manager shall be responsible for maintaining and distributing a list of all requests for
information and corresponding responses every three months to the Council. A member
who considers the response to his or her request for information to be inadequate or
incomplete may repeat or supplement the request at one subsequent meeting. If, after
repeating or supplementing the request, the member still feels that the response is
inadequate or incomplete and wishes to request further information on the same or
substantially the same matter, he or she must make a motion seeking a vote of the
majority of the Council for his or her request.
8.8 Any finance paper, including but not limited to matters
involving appropriation, expenditure, transfer of funds and/or bonding, when appearing
on the Town Council agenda for the first time, shall be laid upon the table for one week if
such action shall be requested by any one or more members.
8.9 No ordinance, order, or resolution shall be received or acted
upon unless sponsored by a member ol'the Town Council.
8.10 A petition or other matter which shall have been rejected by
the members shall not be presented to the Town Council for consideration in the same
form or in a petition or other matter embodying substantially the same subject matter
until the expiration of six months following said rejection, unless reintroduced shall have
received prior approval in writing by not less than two-thirds (2/3) of the entire Town
Council.
8.11 Each paper, of whatever type, which shall be referred by the
Town Council for administrative action shall be processed as follows:
1. The Clerk of the Council shall send a copy of the original paper to the person
to whom it shall have been referred by the Town Council.
2. The person receiving such referral shall furnish a written reply to the Town
Council regarding final disposition of the subject matter thereof. Such reply shall be
made within ten business days from the date of referral by the Town Council and a copy
thereof shall be provided by the Clerk of the Council to any member requesting such
copy.
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3. In the event that final disposition cannot be effected within ten business days,
the person receiving such referral shall notify the Council, which notification shall
indicate the earliest date on which final disposition of the subject matter will occur. Any
notice given under this rule shall be submitted to the Clerk of the Council not more than
seven business days following referral by the Town Council.
4. Should any member wish notification regarding a matter, other than such
notification as provided for in Rule 8.11 (2) and (3), above, he or she shall request that
such matter be placed on the list of pending matters at such time as the matter shall be
referred by the Town Council.
5. The Clerk of the Council shall establish a procedure for the posting of matters
placed on the list of pending matters, and responses and replies received from parties to
which such matters shall have been referred, and shall furnish monthly to each member a
complete statement showing the status of each referral thereon. Each member shall from
time to time advise the Clerk of the Council which matters placed on the list of pending
matters by that member which may be removed from said list.
6. The Clerk of the Council shall provide, monthly, a new list of pending matters,
which list shall contain all items removed from the immediate prior month's list.
ENACTING STYLE
Rule 9. 9.1 All laws enacted by the Town Council shall be entitled
ordinances and the enacting style shall be: "Be It Ordained by the Town Council of the
City known as the Town of Watertown". All actions by which the Town Council
expresses its will shall be entitled orders and the enacting style shall be: "Be it Ordered
by the Town Council of the City known as the Town of Watertown". In all actions by
which the Town Council expresses its opinions, principles, or purposes shall be entitled
resolutions and the enacting style shall be: "Be it Resolved by the Town Council of the
City of known as the Town of Watertown"
9.2 All ordinances, orders, resolutions, and proclamations
approved by the Town Council, and other matters in the discretion of the Council, shall
be signed by the Council President and the Clerk of the Council. Except for
proclamations, they shall also be signed after each meeting by an additional individual
councilor (other than the Council President) on a rotating basis according to seniority.
Proclamations may be signed by the sponsoring councilor. If no documents requiring
signature are approved at a meeting, the councilor with signature responsibility at that
meeting continues in that role until such time as a meeting requires his or her signature.
If a councilor misses his or her turn in the rotation due to absence or other reason, the
signature responsibility rotates to the next councilor.
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ORDINANCES
Rule 10. 10.1 Upon introduction, every proposed ordinance shall receive its
first reading and shall then be referred for hearing and consideration to the Committee on
Rules and Ordinance, which may subsequently refer it to such committee or
subcommittee of the Town Council as shall be appropriate for such recommendation such
subcommittee may wish to make prior to action thereon by the Committee on Rules and
Ordinances; provided that, a proposed ordinance may, by a vote of the full Council, be
referred directly to said appropriate committee or subcommittee.
10.2 Except in the instance of a special emergency involving the
health and safety of the people or their property, no ordinance, loan order, borrowing or
bond authorization shall be passed finally on the date of its first introduction. Any such
emergency shall first be defined and declared in a preamble to the vote of the Town
Council, said preamble to be adopted upon a separate call of the roll and receive the
affirmative votes of not less than two-thirds (2/3) of all the members. When a proposed
ordinance is reported out of a committee, it is subject to debate and amendment by the
Town Council. The proposed ordinance is then published in the paper as required by
Rules of the Town Charter prior to a public hearing.
10.3 Every ordinance, other order involving a bond issue or
other action pledging the credit of the Town shall, before final action and passage by the
Town Council, shall be referred to the Town Attorney, who shall forthwith examine
same and advise the members regarding legality and notify the Town Council of his/her
findings in writing.
COMMITTEES
Rule 11. 11.1 As soon as practicable following the organization of the Town
Council, the President shall appoint the chairs, vice -chairs, secretaries, and members of
the following standing committees:
Committee on Rules and Ordinances: To consist of three members of the
Council, to consider the advisability and merit of proposed new ordinances or
amendments to current ordinances referred to it, including the form and legality thereof;
and all legal matters together with the Town Attorney.
Committee of the Whole: To consist of all members of the Council with the
President as Chair, to deal with all matters referred to it by the Council.
Committee on Budget and Fiscal Oversight: To consist of three members of the
Council, to consider matters pertaining to the Town Budget and any other fiscal matters
referred to it by the Council.
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The Committee on Budget and Fiscal Oversight may, in consultation with the
President, seek out qualified members of the public to advise the Committee on matters
brought before it.
Committee on Education and School System Matters: To consist of three
members of the Council, to consider matters involving the School Department and
education generally.
Committee on Economic Development and Planning: To consist of three
members of the Council, to consider matters pertaining to planning, redevelopment,
zoning or housing.
Committee on Human Services: To consist of three members of the Council, to
consider matters pertaining to the Council on Aging, Social Service programs, Veterans
Services, Recreation, Public Health, and Libraries.
Committee on Personnel and Town Organization: To consist of three
members of the Council, to consider rnatters involving Town personnel, including Civil
Service, Town Hall budgetary rnatters, and proposals for organization or reorganization
of the Town's departments and agencies.
Committee on Public Safety: To consist of three members of the Council, to
consider matters pertaining to the Police, Fire and Civil Defense departments of the
Town.
Committee on Public Works: To consist of three members of the Council, to
consider matters pertaining to the Department of Public Works, the Conservation
Commission, Skating Arena and Engineering.
Committee on State, Federal and Regional Government: To consist of three
members of the Council, to consider rnatters involving the Election Commission and
Town Clerk and to serve as a liaison between the Town and Federal Government and the
Commonwealth of Massachusetts and its authorities, regional bodies, and political
subdivisions.
11.2 The Town Council may from time to time establish other
special or standing committees as it shall deem necessary or appropriate, which special or
standing committees shall be appointed by the President as soon as practicable following
the establishment thereof.
11.3 The terrns of membership on committees shall be the same as
the terms of the Town Council.
11.4 Following the President's appointment of all committee
members, the Council shall determine whether matters referred to committee but not
acted upon by the prior Council shall be referred to a committee of the current Council.
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No matters referred to committee by a prior Council shall be taken up by a committee of
the current Council unless referred by vote of the current Council.
11.5 Every committee to which a matter has been referred shall
meet within a reasonable time to consider such matter. If the chair of the committee fails
to call a meeting within 30 days of a referral, a majority of the committee may call a
meeting. The Council may at any time vote to revoke a referral and take up a matter
previously referred to committee or refer the matter to a different committee.
11.6 Each committee shall cause records to be kept of its
proceedings and all reports or other papers submitted to the Town Council shall be
typewritten, printed, or prepared on a word processor.
COMMUNICATIONS TO THE COUNCIL
Rule 12. 12.1 The Clerk of the Council shall provide each member with a
copy of all communications addressed to the Town Council as a body or to the President
or Clerk on matters of interest to the entire Town Council which would not in the course
of regular business of the Town Council be referred thereto for appropriate action,
provided however, that if any such communication shall exceed three (3) pages in length,
the Clerk may instead send a notice to each member advising that said communications
are available for inspection in the anteroom to the Richard E. Mastrangelo Chamber.
ADMISSION WITHIN THE RAIL
Rule 13. 13.1 No person shall be admitted within the rail in the Richard E.
Mastrangelo Chamber or in the member's anterooms connected therewith, except upon
permission of the President or other presiding officer.
13.2 The Clerk of the Council shall note in the official minutes of
all regular and special meetings of the Town Council the names of all Town officials,
government representatives, department heads, representatives of the news media, and
invited guests seated within the rail of the Council Chamber.
13.3 No member of the Town Council shall take the podium
without the permission of the Council President or other presiding officer.
RECORDING OF MEETNGS
Rule 14. 14.1 The Clerk of the Council shall cause all regular and specials
meetings of the Town Council to be recorded on audio tape and shall keep a record of all
such recordings as a permanent record of the proceedings of the Town Council.
The Clerk of the Council may also arrange for said meetings to be recorded on videotape,
in which instance, such videotape shall also be kept by said Clerk as a permanent record
of said proceedings.
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14.2 Except as otherwise authorized by General Law, any member
or member of the public shall be permitted to make a voice recording of any regular or
special meeting of the Town Council, provided however, that such member or member of
the public, shall have given written notice of his/her intent to make such a audio
recording to the President prior to that start of any such meeting to be so recorded.
PUBLIC PARTICIPATION
Rule 15. 15.1 The members of the public are invited to speak at the first
Public Forum at the beginning of a Town Council meeting. A member of the public
wishing to speak at the first Public Forum must place his or her name on a list that the
Clerk of the Council will make available at the meeting location at least fifteen (15)
minutes prior to the scheduled start of the meeting. The Chair shall recognize speakers at
the first Public Forum in the order in which their names appear on the list. Members of
the public are also invited to speak at the second Public Forum at the end of the meeting.
At these times a member of the public shall be limited to continent on items that are not
on the posted agenda for the meeting. Any member of the public is invited to speak at
the first and second Public Forum.
15.2 Any member of the public recognized to speak under Rule
15.1 shall state his or her name and address before making any remarks or asking any
questions and shall limit his or her remarks or questions to matters of Town business. He
or she may speak for no more than two (2) minutes.
15.3 The members of the public are also invited to speak at the
beginning of any public hearing that takes place during a Town Council meeting. The
Chair shall recognize those wishing to speak in the order they raise their hand.
15.4 Any member of the public recognized to speak under Rule
15.3 shall state his or her name and address before making any remarks or asking any
questions and shall limit his or her remarks or questions to matter under discussion. He
or she may speak for no more than two (3) minutes. He or she may be recognized a
second time to speak on the same topic for no more than two (2) minutes after all other
members of the public wishing to speak have spoken once.
15.5 Copies of Rule 15 shall be made available to the public at all
meetings of the Council.
SMOKING PROHIBITED
Rule 16. 16.1 Smoking shall be prohibited within the Richard E.
Mastrangelo Chamber and the anterooms thereto, which rule shall not be suspended even
upon unanimous vote of the members.
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PARLIAMENTARY AUTHORITY
Rule 17. 17.1 In all matters of parliamentary procedure not provided for in
General Law, the Town Charter, Town by-laws or ordinances, or these rules, the Town
Council shall be governed by "Robert's Rules of Order, Newly Revised".
AMENDMENT OR SUSPENSION OF THE RULES
Rule 18. 18.1 In so far as these rules are not statutory in source or origin,
the same may be amended, suspended or repealed at any meeting by two-thirds (2/3) vote
of all the members, provided however, that Rule 16 shall not be subject to such
suspension. In the event that action taken by the Town Council shall be inconsistent with
these rules, such action shall be deemed to have been taken in suspension thereof,
provided however, that the members concur in such action.
DISPUTE RESOLUTION PROCESS
Rule 19. 19.1 This dispute resolution process is intended to provide a
framework to resolve disputes pertaining to work -related matters and the professional
manner in which Councilors and employees of the Town Council interact. Disputes may
arise from a variety of issues. This process may be used to resolve disputes arising
between Council employees as well as between Council employees and Councilors. This
process is not intended for use in resolving disputes between Councilors. This process
does not replace any rights that Town Councilors or Council employees have under any
applicable Federal or State Laws.
It is hoped that most disputes will be resolved fairly and amicably among the parties
without having to utilize this formal process. It is further hoped that matters not resolved
informally between the parties can be resolved working with the Council President.
The process consists of three steps as follows:
Step 1: Council President
To initiate the Dispute Resolution Process the employee(s) or Councilor(s) shall file a
written complaint with the Council President outlining the matter under dispute. After
receiving a complaint, the Council President must meet with both parties to the dispute
within fifteen (15) days (or by the date of the next regularly scheduled full Town Council
meeting, which ever is later) to attempt to resolve the matter. After meeting with the
parties, the Council President must make a decision on the matter within seven (7) days.
If either party disagrees with the Council President's decision, they may appeal the
decision in writing within seven (7) days. If the decision is not appealed within seven (7)
days, the decision is considered final.
Appeals involving the Town Council employees, except the Town Manager, must be
made in writing to the Chair of the Personnel and Town Organization Committee for an
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appeal hearing at Step 2. Appeals involving the Town Manager must be made in writing
to the Council President for an appeal hearing at Step 3.
The Dispute Resolution Process begins at Step 1 except in the following instances:
(a) In the event that the Council President is a part to the dispute, the Town Council
employee(s), except the Town Manager, must file their written complaint with the
Chair of Personnel and Town Organization Committee and proceed directly to Step 2.
(b) In the case of a dispute between the Council President and the Town Manager, the
written complaint must be filed with the Vice President of the Town Council for a
hearing before the full Town Council at Step 3.
Step 2: Personnel and Town Organization Committee
Upon receipt of a complaint or appeal, the Chair of Personnel and Town Organization
Committee must schedule a hearing on the dispute within fifteen (15) days (or by the date
of the next regularly scheduled full Town Council meeting, whichever is later). The
hearing will be held in Executive Session unless the employee requests an open session in
writing. After hearing the dispute, the Committee will meet in Executive Session to
make their decision on the matter by simple majority. The Chair of Personnel and Town
Organization Committee must then issue the Committee's decision within seven (7) days.
If either party disagrees with the Personnel and Town Organization Committee's
decision, they may appeal the ruling in writing within seven (7) days. If the decision is
not appealed within seven (7) days, the decision is considered final. Appeals must be
filed in writing with the Council President (or Vice President if the Council President is a
party to the dispute).
Step 3: Full Town Council
Upon receipt of a complaint or appeal, the Council President (or Vice President if the
Council President is a party to the dispute) must schedule a hearing on the dispute before
the full Town Council within fifteen (15) days (or at the next regularly scheduled full
Town Council meeting, whichever is later). The hearing will be held in Executive
Session unless the employee requests an open session in writing. After hearing the
dispute, the Council will meet in Executive Session to make a decision on the dispute by
simple majority. The Council President (or Vice President if the Council President is a
party to the dispute) must then issue the Town Council's decision on the matter within
seven (7) days. The decision of the full Town Council shall be final.
SANCTIONS FOR VIOLATION OF RULES
Rule 20 20.1 The Council may, by a majority vote, approve a motion to
sanction any member who, after being given a warning by the presiding officer, again
violates the Rules of the Council or the Town Charter. Sanctions that the Council may
impose include a reprimand, censure, and loss of committee chairmanship or
membership. All proceedings and actions related to this motion shall be conducted in
executive session and shall comply with provisions of the Massachusetts Open Meeting
Law, including but not limited to the provision of written notice to the subject member
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shall be given written notice at least forty-eight (48) hours prior to consideration of any
such action by the Council. If the Council chooses to consider such action in open
session or the subject member exercises his/her right under the Open Meeting Law to
require that the action be considered in open session, the subject member may have
counsel or a representative present to advise him/her and may speak on his/her own
behalf. However the counsel or representative may not participate in the meeting.
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