POLICY AND PROCEDURE FOR ENFIELD TOWN COUNCIL MEETINGS

March 3, 2008

 

TABLE OF CONTENTS

1.         Regular Meetings: 2

2.         Order of Business - Regular Meetings: 2

3.         Agenda: 2

4.         Special Meetings: 3

5.         Executive Sessions: 3

6.         Privilege of the Floor: 4

7.         Motions: 4

8.         Robert's Rules of Order: 4

9.         Committees: 4

10.       Presiding Officer: 5

11.       Council Privileges: 5

12.       Decorum and Order: 5

13.       Town Manager: 6

14.       Town Attorney: 6

15.       Town Clerk: 6

16.       Appointments by Council or Mayor: 6

17.       Preparation and Introduction: 7

18.       Review: 7

19.       Written Form: 7

20.       Time: 7

21.       Copies: 7

22.       Filing: 8

23.       Public Hearing: 8

24.       Passage: 8

25.       Emergency Ordinance: 8

26.       Amendments: 9

LIST OF COUNCIL MEETINGS:  ADOPTION AND AMENDMENT OF POLICY AND PROCEDURE  10

 

 


1.         Regular Meetings:

The Council shall meet in the regular session on the first and third Mondays of each month, excepting the month of November, at 7:00 p.m. at the Town Hall Council Chambers, or at any other place as the Council may designate at its preceding meeting.  In the month of November the Council shall meet on the Monday immediately following Election Day and the third Monday of the month.  When Monday is a holiday, the regular meeting shall be held on the following day at the same hour unless otherwise provided for by motion.  The day, time, and place of the meeting may be changed by a majority vote.

2.         Order of Business - Regular Meetings:

The business of all regular meetings of the Council shall be transacted in the following order, unless the Council, by majority vote, (Town Charter, Chapter III, Section 4, Page 4) shall suspend the rules and change the order.  Executive Session shall be scheduled or added to the agenda as needed.

 

1.       Prayer*

2.       Pledge of Allegiance

3.       Roll Call*

4.       Fire Evacuation Announcement

5.       Minutes of Preceding Meetings

6.       Special Guests

7.       Public Communications & Petitions

8.       Councilmen Communications & Petitions

9.       Town Manager Report & Communications

10.     Town Attorney Report & Communications

11.     Report of Special Committees of the Council

12.     Old Business

13.     New Business

13a.    Consent Agenda – Action (See Section 3. Agenda, Paragraph 2)

14.     Items for Discussion

14a.    Consent Agenda – Review (See Section 3. Agenda, Paragraph 2)

15.     Miscellaneous

16.     Public Communications**

17.     Councilmen Communications

18.     Adjournment

 

  *(a)  The Order of Roll Call, and voting on all voice votes, for all Regular Meetings shall begin with a different Council member at every meeting.  The order shall be alphabetical, and if a Council member is absent, the order for that meeting will begin with the next person in alphabetical order.  The Council member whose name begins the roll call for a Regular Meeting will also be the Council member who says the prayer, and voting order shall not apply to special Meetings of the Town Council.

**(b)  Applies only if prior to 11:00 p.m.

3.         Agenda:

All reports, communications, ordinances, or other matters to be submitted to the Council shall, at least six days prior to each Council meeting, be delivered to the Town Manager, whereupon the Town Manager shall arrange a list of such matters according to the order of business, and furnish each member of the Council with a copy of the same at least three days prior to the Council Meeting.  Simultaneously, a copy of the agenda will be posted on the first floor bulletin board of the Town Hall.

 

A Consent Agenda will be added to all Regular Meetings, which will be a separate listing of items for passage that are routine in nature and have already been discussed by the council majority and minority leaders and require no further discussion or debate.  These items will be on a separate list at Items for Discussion, Item 13a. – Consent Agenda – Review.  The Consent Agenda at Items for Discussion will move to New Business, Item 12a. Consent Agenda – Action at the next Regular Meeting for adoption.  Any member of the Town Council may cause any item listed under the Consent Agenda at either the Items for Discussion or New Business sections to be removed and considered as other new business by request.

 

Council will permit town staff, with the consent of the Town Manager, to deliver reports and provide information regarding items on the meeting agenda during the Town Manager Report and Communications section of the agenda.

4.         Special Meetings:

Special Meetings may be called by the Mayor, the Town Manager, or requested by any two (2) members of the Council if, in the opinion of those members of the Council, the subject matter demands immediate attention and cannot be deferred to the next regular meeting.  The notice shall be served personally upon each member of the Council, Town Clerk, and Town Attorney, or left at their respective places of residence at least twenty-four hours before a Special Meeting.  At a Special Meeting, only matters included in the notice may be voted upon and enacted by the Council.  The business of all Special Meetings shall be transacted in the following order unless the Council, by a majority vote (Town Charter, Chapter III, Section 4, Page 4) shall suspend the rules and change the order:

1.  Roll Call

2.  Agenda Items

3.  Executive Session

4.  Adjournment

 

The Town Council will hold quarterly public informational meetings, with the location alternating between the four Council Districts each quarter.

5.         Executive Sessions:

An Executive Session is a meeting of the Council at which the public is excluded for one or more of the following purposes: (1) discussion concerning the appointment, employment, performance, evaluation, health or dismissal of a town officer or employee, provided that such individual may require that discussion be held at an open meeting; (2) strategy and negotiations with respect to pending claims and litigation; (3) matters concerning security, strategy or the deployment of security personnel, or devices effecting public security; (4) discussion of the selection of a site or the lease, sale, or purchase of real estate by the Town Council when publicity regarding such matters would cause a likelihood of increased price until such time as all the property has been acquired and all proceedings or transactions concerning same have been terminated or abandoned; and (5) discussion of any matter which would result in the disclosure of public records or the information contained therein described in sub-section (e) of Section 1-18a of the Connecticut General Statutes.

 

The Council may hold an Executive Session upon the following schedule:

 

PRESENT

VOTES REQUIRED

11

8

10

7

  9

6

  8

6

  7

6

  6

6

 

At an Executive Session, attendance shall be limited to members of the Council and persons invited by the Council to present testimony or opinion limited to the period for which their presence is necessary to present such testimony or opinion and, provided further, that the minutes of such Executive Session shall disclose all persons who are in attendance and the matters considered.

 

COUNCIL PROCEDURE

6.         Privilege of the Floor:

(a)      Except when a member of the Council has or desires the floor, the Town Manager shall have the privilege of the floor for the purpose of giving information to the Council on business and affairs of the Town (Town Charter, Chapter IV, Section 3, Page 8) and the Town Attorney shall likewise have the privilege of the floor on the introduction or interpretation of any existing or proposed ordinance or resolution or on any questions of legal procedure.

 

(b)      Except at a Public Hearing, or as otherwise provided in these rules, no person other than a member of the Council shall address the Council except by the majority vote of the Council.

 

(c)      Public Communications and Petitions shall be limited to one (1) hour unless extended by a majority vote of the Council.

7.         Motions:

(a)      When a motion is under debate, no further motion shall be received except (1) to adjourn; (2) to recess; (3) to table; (4) for the previous question; (5) to limit or extend debate; (6) to postpone to time certain; (7) to refer to committee; (8) to amend; (9) to postpone indefinitely; which motions shall have precedence in the order indicated.

 

(b)      A two-thirds vote shall mean two-thirds of the total membership of the Council.

 

(c)      The Chairman shall have the right to make a motion, may declare any motion duly seconded, except motions made by the chair, and may speak from the chair upon any debatable pending question.

8.         Robert's Rules of Order:

Robert's Rules of Order shall be the authority in all matters of parliamentary procedure not otherwise specified in these rules.

9.         Committees:

(a)      Standing Committee: The only Standing Committee of the Council shall be the Committee of the Whole. The Mayor shall be the Presiding Officer of the Committee of the Whole, and the rules of proceedings in the Council shall be observed in the Committee of the Whole as far as the same may be applicable.

 

(b)      Committee of the Whole Meetings: When the Council shall meet as the Committee of the Whole, it shall not be required to meet immediately during the session of the Council, but may defer its meeting and fix such time and place as the Committee may determine, and may adjourn its meeting from time to time, and may make its report at any subsequent session of the Council.

 

(c)      Special Committees for a particular purpose may be appointed by the Presiding Officer subject to confirmation of the Council.

 

OFFICERS AND EMPLOYEES

10.      Presiding Officer:

 

(a)      The Chairman shall be designated as Mayor and shall represent the Town as titular head of the government at meetings of such officials representing other municipalities, ceremonies, public gatherings, and upon such occasions as his/her presence in such capacity may be required. (Town Charter, Chapter III, Section 2, Page 4) The Mayor or the Deputy Mayor shall take the chair at the hour appointed for the Council to meet, and the roll shall then be called by the Mayor or Deputy Mayor or Clerk, who shall enter in the minutes of the meeting the names of the members present.

 

(b)      Deputy Mayor: The Council shall choose one of its members as Deputy Mayor, who shall serve as Mayor during the absence or disability of the Mayor and in case of vacancy in the office of the Mayor, pending the selection of a successor.

 

(c)      Acting Chairman: In case of the absence of the Mayor or Deputy Mayor, the Clerk shall call the Council to order and call the roll of the members. The Council shall then proceed to elect, by a majority vote of the Council, a Chairman of the meeting to act until the Mayor or Deputy Mayor appears.

11.      Council Privileges:

The presiding officer may move, second, and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Councilman by reason of his/her acting as the presiding officer. (Town Charter, Chapter III, Section 2, Page 4)

12.      Decorum and Order:

The presiding officer shall preserve decorum and decide all questions of order, subject to appeal to Council.

 

(a)      During Council meetings, Council members shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to obey the orders of the Presiding Officer or the rules of the Council. Every Councilman desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, shall be confined to the question under debate and shall avoid all personalities and improper language. Every Councilman desiring to question the administrative staff shall address the question to the Manager, through the Chair, who shall be entitled either to answer the inquiries himself/herself or to designate some member of the staff for that purpose. A Councilman once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer, unless a point of order is raised by another member or unless the speaker yields to questions from another member.

 

(b)      All members of the Council shall accord the utmost courtesy to each member, to the Town employees, and to the public members appearing before the Council, and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments, and statements as to motives and personalities.  Dress attire for Council members shall be “business casual”.  The definition of “business casual” is that the member should be neatly dressed and professional in appearance.  Examples of non-conformance are casual wear such as jeans, tee shirts and shorts.

 

(c)      Members of the administrative staff and employees of the Town shall observe the same rules of procedure and decorum applicable to members of the Town Council. While the Presiding Officer shall have the authority to preserve decorum in meetings, as far as staff members and Town employees are concerned, the Town Manager also shall be responsible for the orderly conduct and decorum of all Town Employees under his/her direction and control.

 

(d)      Public members attending Council meetings also shall observe the same rules of propriety, decorum, and good conduct applicable to members of the Council. Any public member desiring to address the Council shall be recognized by the Chair, shall state his/her name and address in audible tone for the record, and shall limit his/her remarks to five (5) minutes.  After each person, who desires, has had one chance to speak, those desiring to speak a second time will be permitted to do so, and shall limit his/her remarks to three (3) minutes.  A one (1) hour limit for Public Communications shall be adhered to, but may be extended at the discretion of the Chair.  This limit applies to both Public Communications sessions of the agenda.  All remarks and questions shall be addressed to the Council as a whole and not to any individual member thereof. All remarks and questions addressed to the administration of the Town shall be addressed to the Town Manager and not to any individual Town employees. No person other than members of the Council and the person having the floor shall enter into any discussion either directly or through a member of the Council without permission of the Presiding Officer.

13.      Town Manager:

The Town Manager shall attend all meetings of the Council, unless excused by the Council. The Town Manager shall perform his/her duties in accordance with the Charter (Town Charter, Chapter IV, Section 3, Page 8). The Town Manager may present recommendations to the Council and may take part in discussions on all matters concerning the welfare of the Town. The Town Manager shall have a seat, but no vote, in the meetings of the governing body.

14.      Town Attorney:

The Town Attorney or his designee shall attend all meetings of the Council, including all executive sessions, unless excused by the Council and/or Mayor.  The Town Attorney may make recommendations to the Council and shall take part in discussions on all matters concerning their legality. (Town Charter, Chapter V, Section 1, Page 8).

15.      Town Clerk:

The Town Clerk shall be clerk of the council and shall keep minutes of the meetings, and perform such other and further duties in the meetings as may be ordered by the Mayor, Council, or Town Manager.

 

Not later than three (3) days prior to the next regular meeting, the Clerk shall furnish each Councilman, the Town Manager and Town Attorney, with a copy of the minutes of the preceding meeting. (Town Charter, Chapter III, Section 3, Page 4, and Town Charter, Chapter V, Section 6, Page 11.)

16.      Appointments by Council or Mayor:

All appointments made by the Council shall be by the affirmative vote of not less than six (6) members of the Council, as specified in the Town Charter. Whenever the Mayor or any member of the Council shall, at any meeting, submit an appointment exclusive of appointments provided for in the Charter, to be made with the advice and consent of the Council, consideration of such appointment shall be deferred until the next meeting.

 

ORDINANCES AND RESOLUTIONS

17.      Preparation and Introduction:

The Town Attorney shall, on request of the Town Manager, Council or any member thereof, prepare any ordinance or resolution. All ordinances and resolutions shall be introduced to the Council in printed or written form.

 

In the absence of the consent of any member of the Council to introduce an ordinance or resolution upon the request of the Town Manager, the Town Clerk shall cause the ordinance to be introduced with the designation "By Request." Any member of the Council may instruct the Town Clerk to endorse said designation "By Request" on any ordinance or resolution which is being introduced to the Council in his name.

18.      Review:

(a)      Before any ordinance shall be acted upon, it shall be reviewed by and such corrections as may be necessary made therein by the Town Attorney to insure accuracy, clearness, conciseness, and consistency of text and phraseology, as well as its constitutionality and consistency with existing ordinances or statutes, and the copy of the ordinance upon which final action is based shall bear the Town Attorney's endorsement that such review has been made. (Town Charter, Chapter V, Section 1, Page 9.)

 

(b)      Any ordinance, except those containing an emergency clause, relating to the duties, powers and functions of any administrative department or office, or effecting, in any substantial manner, the administration of the Town Government shall, on first reading, be referred by the Presiding Officer to the Town Manager, for his/her report and recommendations, unless such ordinance shall have been previously approved by the Town Manager. Further action of such ordinance shall be deferred until the next meeting of the Council. (Town Charter, Chapter III, Section 6, Page 5.)

 

(c)      A mandatory review period of ten (10) calendar days exists for all labor contracts presented to the Town Council for ratification.  The review period begins once the proposed labor contract has been filed with the Town Clerk.  At the recommendation of the Town Manager and an affirmative vote of not less than eight (8) members, the Town Council may waive the requirement of a mandatory review period.

19.      Written Form:

All ordinances and resolutions except those relating to appointment or designation of officers of the Council or its internal procedure shall be introduced in written form.

20.      Time:

No ordinances, other than an emergency ordinance, requiring action by the Council shall be considered unless such has been filed with the Town Manager on or before 5:00 p.m. of the seventh day before the meeting at which the matter is to be introduced; provided, however, that this rule shall not prevent any member of the Council from introducing at any meeting a matter of new business which does not call for action by the Council at that meeting.

21.      Copies:

It shall be the duty of the Town Manager, immediately upon the introduction of any ordinance, to prepare copies of such proposed ordinance, one copy of which shall be retained in the Office of the Town Clerk for public inspection, and one copy posted on the Town Bulletin Board. The Town Manager shall also promptly furnish each member of the Council, the Town Clerk and the Town Attorney with a copy of such ordinances.

22.      Filing:

The copy of the proposed ordinance retained in the Town Clerk's office shall have endorsed thereon the name or names of the member or committee introducing such document, or have attached thereto the elector's petition as required under the Town Charter, Chapter II, Section 7, Page 6, and at the end thereof, under the caption "Statement of Purpose," shall contain a brief statement of its purpose, which statement shall not be a part of the ordinance. Where such document is introduced by electors' petition, such copy shall be further endorsed by the Town Clerk certifying that the requirements of the Town Charter, Chapter III, Section 7, Page 6, have been satisfied. The Statement of Purpose and such endorsements shall be included on all copies of the document to be prepared by the Town Manager prior to the final action taken on such document. (Town Charter, Chapter III, Sections 6 and 7, Page 5 and Page 6.)

23.      Public Hearing:

At least one (1) public hearing, prior notice of which shall be given, not more than fifteen (15) days nor less than five (5) days, by publication, in a newspaper having a circulation in said town, and by posting a notice and the full text of the ordinance in public places, including, but not limited to, Town Hall and the Central Library, shall be held by the Council before any ordinance shall be passed. (Town Charter, Chapter III, Section 6, Page 5.)

24.      Passage:

(a)      Any ordinance which shall have had its public hearing shall be taken up by the Council at its next session, shall be read, and thereupon, shall be open for debate and amendment. On the close of debate, the Presiding Officer shall entertain a motion to place such ordinance on final passage. Any member, at any time when there is no motion before the Council, may move to put the proposed ordinance on final passage. The motion for final passage shall not be debatable and shall take precedence over all other motions except one for adjournment. Upon being seconded, the Presiding Officer shall immediately put the motion to the Council. If such motion is adopted, no further debate or amendment shall be allowed, and the Mayor shall immediately call the roll for its final passage. If such motion is not adopted, the ordinance shall still be open for debate and amendment until such time as a motion for final passage is adopted.

 

(b)      Every ordinance, after passage, shall be given a serial number and be recorded by the Town Clerk in a book to be kept for that purpose which shall be properly indexed. Within ten (10) days after final passage, all ordinances shall be published once in their entirety in a newspaper having circulation within the Town. Every ordinance, unless it shall specify a later date, shall become effective on the fifteenth (15) day following its final passage. (Town Charter, Chapter III, Section 6, Page 5.)

 

(c)      Any resolution may be passed at the meeting at which it is introduced.

25.      Emergency Ordinance:

An emergency ordinance shall be only for the immediate preservation of the public peace, health and safety, shall contain an explicit statement of the nature of the emergency, and shall be adopted by not less than six (6) affirmative votes in the Council. An ordinance stated to be a public emergency measure and stating the facts constituting such public emergency shall become effective immediately after such publication and no public hearing or notice of public hearing shall be required for any public emergency measure. (Town Charter, Chapter III, Section 6, Page 5.)

26.      Amendments:

Any amendment to these rules shall be submitted in writing at any meeting of the Town Council and may be adopted by the affirmative vote of not less than six (6) members at a subsequent meeting of the Council. No amendment may be made to these rules which will conflict with the provisions of the Town Charter.

 


LIST OF COUNCIL MEETINGS:  ADOPTION AND AMENDMENT OF POLICY AND PROCEDURE

 

Date of Meeting

Adopted/Amended

Motion(s)/Resolution

September 27, 1965

Adopted

Motion N

October    9, 1967

Amended

Motion 216

March     10, 1969

Amended

Motions 571 & 572

January   12, 1970

Amended

Motions 763, 764, 765 & 766

January   12, 1970

Adopted

Motion 768

December  13, 1971

Adopted

Motion 1355

December  10, 1973

Adopted

Motion 1899

December   8, 1975

Adopted

Motion 2575

May       17, 1976

Amended

Motion 2745

November  14, 1977

Adopted

Resolution 3175

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