ALL COUNCIL PROCEEDINGS SHALL BE GOVERNED BY THE FOLLOWING PROVISIONS IN KEEPING WITH ARTICLE II, SECTION 210 OF THE CHARTER OF THE TOWN OF MIDDLETOWN
1. Four members of the Council shall constitute a quorum.
2. If there is no quorum, the members of the Council present may adjourn from time to time and compel the attendance of absent members in such a manner and under such penalties as may be prescribed by rule of the Council.
3. Standards for Professional Conduct for Council Members, as set forth in Exhibit A.
4. Civility and Mutual Respect Standards for the Conduct of Business in the Town of Middletown, as set forth in Exhibit B.
5. Upon its final passage each ordinance or resolution shall be authenticated by the signature of the Town Clerk and shall be recorded in a book kept for that purpose. Within seven days after final passage, each ordinance shall be published at least once in such a manner as the Council may prescribe by ordinance.
6. After the introduction of any ordinance or resolution in the Council, the Town Clerk shall keep available a copy of such proposed ordinance or resolution, together with all amendments thereto, which copy shall be public record.
7. Upon election of the President, he/she shall call for the election by the Council of a Vice President.
8. The President of the Council shall take the Chair at the appointed hour of each regular and special meeting and shall call the Council to order.
9. Immediately after the President calls the Council to order, the Clerk of the Council shall record the roll of the members present.
10. Every member of the Council present must vote on any question coming before it. A member may abstain from voting; however, provided that said member publicly states the reason for so doing. No member may vote on any issue in which said member has a personal interest or conflict, and said member shall step down from the Council dais until said item is finished.
11. The President shall preserve order and decorum. He/she may speak as other members on all questions. He/she shall decide all questions of order subject to appeal to the Council. On every appeal he/she shall have the right in his/her place to assign his/her reasons for his/her decision. The majority vote of those present shall be required to overrule the President.
12. The President shall propound all questions in the order in which they are moved.
13. All matters coming before the Council shall be decided by a simple majority vote, except where otherwise provided by state law or in the Town Charter.
14. The Vice-President shall preside over the sessions of the Council during the absence of the President.
15. When any member is about to speak in debate, or to deliver any matter to the Council, he/she shall respectfully address himself/herself to "Mr./Madame President" and shall not proceed until he/she has been recognized by the Chairperson.
16. When a motion is made and seconded, it shall be stated by the Chairperson, or being in writing, shall be handed to the Chairperson and read before debate. Any motion shall be reduced to writing before debate, whenever the President or any member shall so request.
17. A question that is susceptible of division shall, at the request of any member, be divided and put separately upon the propositions of which it is compounded, but a motion to strike out and substitute shall not be divided.
18. Any resolution of more than one part or section may be passed upon section by section at the request of any member.
19. No motion or proposition of the subject different from that under consideration shall be admitted under color of amendment.
20. When a question is under debate, no motion shall be received except to adjourn, to lay on the table (which motions shall be decided without debate), "the previous question", to commit, or to amend, which several questions shall have precedence in the order in which they are here arranged. The Council may adjourn to a day certain, or to the call of the Chair, or may recess to a certain hour or to a certain day and hour, or to the call of the Chair.
21. The President while occupying the Chair may make or second any motion.
22. After a roll call has been ordered there shall be no debate whatever, but a member may explain his/her vote.
23. A motion to reconsider a motion that has passed is in order if made at the same meeting or at the next regular Council meeting, but must be made by one who voted with the majority.
24. Any person not a member of the Council desiring to address the Council concerning a matter on the docket of the Council not the subject of a public hearing shall submit a written request to the Council Clerk or Deputy Town Clerk stating the matter upon which he/she desires to speak. The Council President may move that said person be permitted to address the Council for a period not exceeding five minutes and this motion shall be put to the Council without requiring a second.
25. There shall be a public forum period at the beginning of each meeting to allow citizens to address issues related to substantive town business, said issues not included or discussed during the regular Council agenda. No comments regarding personnel or job performance are allowed. The entire public forum period shall be no longer than 15 minutes and citizens may address the Council on one subject only and for no longer than five minutes. Citizens shall complete a written request to speak, noting the subject to be addressed during the public forum, and submit that form to the Council Clerk, prior to the start of the meeting.
26. Consent calendar as set forth by resolution, Exhibit C.
27. There may be a town business update section on the Town Council docket, the Town Administrator will review a list of outstanding projects (project list will be provided to the Town Administrator by the Town Council, one week prior to the closing of an agenda), giving a quick update on the status of each project; the town business update section is limited to 15 minutes total; if a Town Council member would like more detail on any project or topic, that Council member must submit an agenda item to be placed under the Town Council portion of a future agenda.
28. Any of these rules may be suspended temporarily by a two-thirds vote of the Council present, but no rules shall be repealed or amended except by a vote of a majority after notice given at a previous meeting.
29. Regular meetings of the Council shall be held on first and third Mondays of each month at 7:00 p.m., or at such other hour as the Council may designate, and if any such date shall occur on a legal holiday, the meeting for that week shall be held on the day following, or on such date as the Council may determine at the previous meeting. Requests for special meetings shall be filed with the Town Clerk.
30. All items of business for the Council docket shall be filed with the Council Clerk not later than 12:00 p.m. on the Tuesday prior to the following Monday meeting of the Council. All items so submitted shall be specific in nature, setting forth in at least one paragraph the exact topic to be considered. The Council Clerk will review each item to determine its acceptability and will consult, if necessary, with the Council President concerning the same.
31. The Council may from time to time elect such standing committees or temporary committees as it shall deem necessary for the orderly conduct of its business.
32. Council Nomination and Appointment to Town Boards and Committees, as set forth in Exhibit D.
33. The Council will collectively interview applicants wishing to be appointed to the Zoning and Planning Boards; Council may waive the requirement for reappointments; all new applicants shall be interviewed prior to appointment.
34. No materials, files, documents or notes taken by Councilors during Executive Session may be removed or taken out of Executive Session. No laptops are permitted, and cell phones must be turned off. If a Councilor wants to review their Executive Session file, documents, or notes taken by that Councilor, he/she should make an appointment with the Town Clerk and request a time to review his/her Executive Session file. The Clerk will review the file, noting all materials in the file before turning it over to the Councilor. The file is to be inspected by the Clerk prior to the Councilor leaving. No cell phones or laptops are permitted at the time of reviewing the files; Councilors reviewing the files will be given a private space to review the Executive Session file. The Councilor may not bring any materials including a notebook, pen or pencil, cell phone or any other recording device into the space while reviewing the Executive Session file. No laptops are permitted in the space. During Executive Session, the Town Council, Town Solicitor, Town Administrator, and Town Clerk shall be present. If others, including department heads, need to be present during a discussion, they will be invited in only during the portion of the Executive Session that pertains to them. If a Councilor wishes to review Executive Session paperwork, it is to be done during regular Town Hall business hours.
35. All Town Council meetings shall adjourn by 10:30 p.m.
36. The Council shall conduct public meetings in person, provided, however, that in special circumstances, and as otherwise permitted or required by law, the Council may conduct its meetings through telephonic or electronic means (“fully remote meetings”), or through a combination of telephonic or electronic means and in-person participation (“hybrid meetings”). In either fully remote or hybrid meetings, remote public access to the meeting for members of the public shall be provided by means that provide transparency and permit timely and effective public access to the deliberations of the Council. Where active, real-time participation by members of the public is a specific requirement of a state or local law, any remote means of public access shall provide for such participation. During hybrid meetings, remote participation shall be limited to those wishing to speak in the public forum portion of the meeting and those wishing to participate on any matter that is subject to a public hearing, or where allowance for active, real-time participation by members of the public is a specific requirement of a state or local law. Remote participants shall be heard after the parties to the matter that is the subject of the hearing, and members of the public attending the meeting in-person, are heard. All time limits that would otherwise apply to testifying in person will remain in full force and effect. Notwithstanding the provisions of Rule 25, remote participants wishing to speak during the public forum section of the meeting shall not be required to submit a written request to speak.
37. Written interview questions will be used for the Planning and Zoning Boards, which will be sent out and completed by the applicant prior to the interview.
38. Robert's Rules of Order shall govern the Council in all cases to which they are applicable and in which they are not inconsistent with these rules.
39. These rules shall take effect upon their passage.
Amended by Council January 3, 2023
JANUARY 3, 2023
READ AND ADOPTED IN COUNCIL
READ AND ADOPTED IN COUNCIL
/s/ Wendy J.W. Marshall
Wendy J.W. Marshall, CMC
Town Clerk
Wendy J.W. Marshall, CMC
Town Clerk