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RULES OF THE 2020-2021 CITY COUNCIL
OF THE CITY OF NORTHAMPTON
1. These Rules
1.1. Adoption
1.2. Repeal or Amendment
1.3. Precedence
1.4. Suspension
2. Organization
2.1. Presiding Officer
2.1.1. Duties
2.1.2. Participation
2.1.3. Order of Succession
2.2. Election of Council President and Vice-President
2.3. Council President - Duties and Powers
2.4. Council Vice-President - Duties and Powers
2.5. Administrative Assistant to the City Council
2.5.1. Duties
2.6. Council Committees
2.6.1. Establishment of Standing Committees
2.6.1.1. Committee on Finance
2.6.1.2. Committee on Community Resources
2.6.1.3. Committee on City Services
2.6.1.4. Committee on Legislative Matters
2.6.1.5. Committee on Public Works and Utilities
2.6.2. Powers and Duties of Council Committees
2.6.3. Select Committees
3. Duties and Powers of the City Council
3.1. Selection of an Outside Auditor
4. Order
4.1. Quorum
4.2. Calling Meetings to Order
4.3. Recognition of Mayor and Department Representatives
4.4. Consent Agenda
4.5. Order of Business
4.6. Minutes of Previous Meeting
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4.7. Conduct
4.8. Public Comment
4.9. New Business
4.10. Recess
4.11. Order and Manner of Speaking
4.12. Order During Debate
4.13. Voting
4.13.1. Deciding Votes
4.13.2. Votes Required to Pass Measures
4.13.3. Roll Call Votes
4.13.3.1. Request
4.13.3.2. Method of Recording
4.13.4. Reconsideration
4.14. Remote Meeting Participation
4.15. Minutes of Executive Session Meetings
5. Legislative Process
5.1. Proposed Matters
5.1.1. Timely Filing
5.1.2. Presentation to Council, Mayor
5.1.3. Adding Matters to Council Agenda
5.1.4. Presentation and Enacting Style of Matters
5.1.5. Supporting Documents
5.2. Referral of Matters to Committee
5.3. Solicitor Review of Ordinances
5.4. Withdrawal of Matters
5.5. Matters Requiring Two Votes
5.6. Matters Requiring One Vote
5.7. Enrollment Committee
5.8. Automatic Carryover
6. Appendices
6.1. Special Permit Granting Authority
6.2. Examples of Presentation and Enacting Styling of Matters
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1. These Rules
1.1. ADOPTION. When adopted by the City Council, these Rules shall take effect at
the time of the first Council meeting following January 1, 2020.
1.2. REPEAL OR AMENDMENT. City Council Rules may only be repealed or
amended with a two-thirds majority vote of quorum present. The latest version of
these Rules shall be published online.
1.3. PRECEDENCE. The City Council Meetings shall conform to parliamentary
practices as set forth in the Rules of the City Council. The procedures defined in
the most current version of Robert’s Rules of Order will resolve questions not
addressed by the Council Rules.
1.4. SUSPENSION. Suspension of these rules or any part thereof shall require a two-
thirds majority of the quorum present. Nothing herein shall be construed to
authorize suspension of any provision of the Charter of the City of Northampton,
or any ordinance of the City of Northampton.
2. Organization
2.1. PRESIDING OFFICER
2.1.1. DUTIES. When present, the Council President shall be the presiding
officer of the City Council at every meeting. The duties as presiding
officer shall be only those set forth herein:
2.1.1.1. To open the meeting at the appointed time by taking the chair,
calling the meeting to order, and ascertaining that a quorum is
present.
2.1.1.2. To announce in proper sequence the business that comes before the
City Council.
2.1.1.3. To recognize members who are entitled to the floor.
2.1.1.4. To state and to put to vote all questions that legitimately come
before the City Council as motions or that otherwise arise in the
course of proceedings (except questions that relate to the presiding
officer as noted below), and to announce the result of each vote or,
if a motion that is not in order is made, to rule it out of order; or, to
refuse to recognize obviously frivolous or dilatory motions as
defined by Robert’s Rules;.
2.1.1.5. To expedite business in every way compatible with the rights of all
members of the body.
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2.1.1.6. To respond to inquiries of City Councilors relating to parliamentary
procedure or factual information bearing on the business of the City
Council.
2.1.1.7. To declare the meeting adjourned when the City Council so votes
or, when applicable, at the time prescribed in the order of business,
or at any time in the event an emergency.
2.1.1.8. To determine whether an amendment is germane to the motion
under consideration.
2.1.2. PARTICIPATION. The Presiding Officer may make statements, ask
questions and give opinions during debate without relinquishing the chair.
2.1.3. ORDER OF SUCCESSION. In the absence of the Council President, the
first of the following list of persons who is not absent shall preside and
shall retain voting privileges:
First, the Council Vice-President
Second, the Chair of the Committee on Finance
Third, the Chair of the Committee on Legislative Matters
If none of the above are present or able to preside, the City Council shall
elect by majority vote a President pro-tempore who shall preside for that
meeting and shall retain voting privileges. Should the City Council fail to
elect a President pro-tempore the meeting shall be adjourned.
2.2. ELECTION OF COUNCIL PRESIDENT AND VICE-PRESIDENT.
2.2.1. The City Council President and Vice-President shall be elected:
2.2.1.1. At the first City Council meeting of a two-year session; and
2.2.1.2. In the event of a vacancy for either office.
2.2.2. At any meeting when a City Council President is to be elected, the
previous Council President will preside. If the previous Council President
is absent or no longer a member of the Council, the longest serving
member of the Council will preside. If two members of the Council are
equal in seniority, a coin toss will determine which Councilor presides
over the election of the Council President. If more than two members of
the Council are equal in seniority they will draw lots to determine which
Councilor will preside over the election of the Council President.
2.2.3. After nominations are made by members of the Council, candidates may
present to the council.
2.3. COUNCIL PRESIDENT POWERS AND DUTIES. The powers and duties of the
Council President shall include all duties pursuant to the Charter and also:
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2.3.1. To assign councilors to serve on any committee established by the City
Council.
2.3.2. To remove members of a committee from a committee, or reassign them,
at any time.
2.3.3. To appoint members to select committees, as provided below.
2.3.4. To determine seating arrangements for the members of the City Council.
2.3.5. To appoint the membership of Enrollment Committee and modify the
membership meeting to meeting for any reason.
2.3.6. To set an agenda for the City Council.
2.3.7. To hire the Administrative Assistant to the City Council and to supervise
the individual in that position generally.
2.3.8. To issue a Committee Study Request to any committee. Such a request
shall require a committee to report to the full Council on a particular
policy or issue area within 120 days optionally accompanied by
legislation. However a committee may by majority vote decline to
consider or respond to such a request.
2.4. COUNCIL VICE-PRESIDENT - POWERS AND DUTIES. The powers and
duties of the City Council Vice-President will include all duties pursuant to the
Charter.
2.5. ADMINISTRATIVE ASSISTANT TO THE CITY COUNCIL
2.5.1. DUTIES. The Administrative Assistant shall report to the City Council
President, who may assign duties in addition to the following:
2.5.1.1. To maintain a record of all matters and their status as they proceed
through various legislative stages and committees, as well as all
amendments and related documents.
2.5.1.2. To provide staff support and recordkeeping to all standing Council
committees and select committees and to assist committees with all
aspects of reporting.
2.5.1.3. To act as custodian of all books, documents and papers belonging
to the City Council and to keep an accurate list thereof.
2.5.1.4. To notify the chair of any Council committee, board, executive
commission, or other body when a matter is referred to it and to
provide the body with all documents relative to the matter.
2.5.1.5. To ensure that all documents addressed to the Council shall be
provided to each Councilor, and become part of the record of
Council meeting at which the documents are distributed.
2.5.1.6. To secure two video records of meetings of the City Council that
were so recorded.
2.5.1.7. To notify the appointees to all Council committees in writing upon
their appointment.
2.5.1.8. To assist in preparing requests for proposals for an independent
auditor in accordance with Sec 7-6 of the Charter.
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2.5.1.9. To advise the Council President on matters of parliamentary
procedure.
2.6. COUNCIL COMMITTEES
2.6.1. ESTABLISHMENT OF STANDING COMMITTEES. The following
committees are established as described below.
2.6.1.1. COMMITTEE on FINANCE
2.6.1.1.1. Jurisdiction. Financial matters. The Committee shall review all
orders authorizing a loan, supplemental appropriation, or
financial transfer submitted by the Mayor in accordance with
such authority by either the Massachusetts General Laws, the
Charter of the City of Northampton, or the Code of Ordinances
of the City of Northampton and make recommendations on the
matter to the City Council.
2.6.1.1.2. In addition to the outside audit provided by Section 7-6 of the
Charter, the Committee may request access to all books,
vouchers, notes, securities, and bonds in the possession of the
Treasurer-Collector, City Auditor or any board or executive
commission and make a report thereof to the City Council.
2.6.1.1.3. The Committee shall review all proposals to sell or lease any
City-owned land or building not put to public use that are
submitted to the City Council for approval and all proposals to
purchase or lease real property that are submitted to the City
Council for approval. The Committee shall make
recommendations to the City Council on the matter. All
instruments of conveyance and leases approved by the City
Council shall be executed by the Mayor on behalf of the City
unless otherwise provided by Massachusetts General Laws.
2.6.1.1.4. The Committee shall consist of four Councilors.
2.6.1.1.5. The Committee may hold public hearings on water, sewer,
Stormwater and other municipal utility rates.
2.6.1.2. COMMITTEE on COMMUNITY RESOURCES
2.6.1.2.1. Jurisdiction. Matters affecting the community including
economic development, local business, tourism, the
environment, the arts, planning, zoning, sustainability, land
use, housing and affordability, among others.
2.6.1.2.2. The Committee may review and make recommendations on
licenses and permits.
2.6.1.2.3. The Committee shall consist of four Councilors.
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2.6.1.3. COMMITTEE on CITY SERVICES
2.6.1.3.1. Jurisdiction. Matters related to the activities and operation of
municipal government.
2.6.1.3.2. The Committee shall serve as the standing committee to review
all candidates for appointment to boards and commission in
accordance with Section 2-10 of the Charter.
2.6.1.3.3. The Committee shall consist of four Councilors.
2.6.1.4. COMMITTEE on LEGISLATIVE MATTERS
2.6.1.4.1. Jurisdiction. Upon referral by the City Council, the Committee
shall have the power to make recommendations on ordinances,
orders, resolutions and the rules of the City Council. Such
recommendations shall be made in consultation with the City
Solicitor.
2.6.1.4.2. The Committee may choose to be the last committee to review
any matter that is also referred to another Council committee.
The Committee shall not be required to wait to receive the
report of any executive commission.
2.6.1.4.3. The Committee shall consist of four Councilors.
2.6.2. POWERS AND DUTIES OF COUNCIL COMMITTEES. The following
shall apply to all committees unless otherwise stated:
2.6.2.1. Election of officers. Council Committees shall elect officers from
among their members, such as Chair and Vice-Chair. At a
committee’s first meeting, the member who was first in the order of
those announced by the Council President to serve on the
committee shall preside until a Chair is elected.
2.6.2.2. Meetings. Committees shall meet as required by the City Council,
the Committee’s Chair, or at the request of two members.
Committees shall hold an initial meeting no later than three months
after the appointment of its members.
2.6.2.3. Requests to appear before committees. A committee may make
information requests pursuant Section 2-7 of the Charter.
2.6.2.3.1. Notice. A committee shall give a minimum of 7 days notice
to a person it may require to appear before it. No person
shall be required to respond to any question not related to
those questions presented in advance and in writing. The
Committee will notify the Mayor of any Information
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Request under this section.
2.6.2.4. Committees shall have the power to hold hearings on and develop,
review and recommend policies on any matter within their
jurisdiction.
2.6.2.5. Power to amend. Council committees may recommend amendments
to any measure. However, when a measure has been referred to the
Committee on Legislative Matters, the Committee on Legislative
Matters shall consider all amendments previously proposed by other
committees and report one version of an amended measure to City
Council.
2.6.2.6. Duty to report. “To report” shall mean transmitting a
positive/favorable, negative/neutral or neutral recommendation and
associated votes as well as any suggested textual amendments and
related documents.
2.6.2.6.1. For matters referred to the Committee on Legislative Matters,
among others: All committees other than the Committee on
Legislative Matters shall report to the Committee on
Legislative Matters and the City Council within 60 days,
whereupon the Committee on Legislative Matters shall report
to the full City Council within an additional 30 days.
2.6.2.6.2. For matters referred to the Committee on Legislative Matters
exclusively: The Committee on Legislative Matters shall
report to the full City Council within 60 days.
2.6.2.6.3. For matters referred to committees not including the
Committee on Legislative Matters: Committees shall report to
the full City Council within 90 days.
2.6.2.6.4. Committees shall make all reports in writing.
2.6.3. SELECT COMMITTEES. The City Council may establish select
committees for the purpose of considering a particular policy or issue or
for other purposes. Such committees may make recommendations and
may sponsor ordinances, resolutions or other matters. Such committees
may be created by resolution approved by a two-thirds vote of a quorum.
The resolution shall specify the composition and scope of the select
committee. No such committee shall exist beyond the current term of the
Council. The Council President shall appoint all members to such
committees, and may appoint members of the public who are residents of
the City of Northampton or city employees provided the Mayor approve
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the appointment of any city employee. Select Committees shall elect their
own Chair and other officers from among those appointed. At the first
meeting, the person whose appointment was first announced by the
Council President shall serve as temporary Chair until elections occur.
2.6.4. A majority of those appointed and serving on a committee shall constitute
a quorum.
3. Duties and Powers of the City Council.
The City Council shall have those duties and powers pursuant the Charter and also:
3.1. SELECTION OF AN OUTSIDE AUDITOR. Pursuant Section 7-6 of the
Charter, the City Council shall select an independent auditor according to the
following provisions:
3.1.1. The Council shall by October 1 of the fiscal year for which the audit is to
be done establish a Select Committee for the purpose of making a
recommendation on an independent auditor to the full Council.
3.1.2. The Council shall award a contract to audit on or before March 1 of the
fiscal year for which the audit is to be done.
3.1.3. The Council shall require the report of the audit to be filed in final form
with the Council not later than January 15 in the year following its award.
4. Order
4.1. QUORUM. The presence of 5 members shall constitute a quorum of the City
Council.
4.2. CALLING MEETINGS TO ORDER. The presiding officer shall call the City
Council to order at the time appointed for the meeting or to which it may have
adjourned, if a quorum be present, which shall be determined by calling the
roll. The names of members not present at the meeting shall be recorded by
the Administrative Assistant to the City Council.
4.3. RECOGNITION OF MAYOR AND DEPARTMENT REPRESENTATIVES.
The Mayor and all City department representatives are recognized at all
Council Meetings.
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4.4. CONSENT AGENDA
4.4.1. When any item of business requires action by the City Council, but is of a
routine nature, such item may be presented at a regular meeting of the City
Council as part of the Consent Agenda. Items eligible for consideration on
the Consent Agenda include: approval of minutes, appointments, licenses,
and petitions.
4.4.2. The Consent Agenda may be introduced by a motion “To approve the
Consent Agenda,” and may be considered by the City Council as a single
item.
4.4.3. The presiding officer shall read the title of each item contained in the
Consent Agenda before a vote.
4.4.4. There shall be no debate or discussion by any City Council member
regarding any item on the Consent Agenda, beyond asking questions for
simple clarification.
4.4.5. Any item may be removed from the Consent Agenda upon the request of
any City Council member prior to the taking of a vote on the motion to
approve it. All such items will be considered individually, in the order in
which they were removed, immediately following consideration of the
Consent Agenda.
4.4.6. Approval of the motion to approve the Consent Agenda shall be fully
equivalent to approval, adoption, referral or enactment of each item of
business thereon, exactly as if each had been acted upon individually.
4.4.7. When an appointment has not received a recommendation from the
standing committee pursuant Sec 2-10 of the Charter, a vote within the
Consent Agenda shall be equivalent to a motion to refer it to said standing
committee. Otherwise a vote shall be equivalent to approval.
4.5. ORDER OF BUSINESS.
4.5.1. The order of business at every regular meeting of the Council shall be as
follows unless otherwise decided by the Presiding Officer:
Public Comment
Roll Call
Public Hearings
Recognitions and One-Minute Announcements by Councilors
Communications and Proclamations from the Mayor
Resolutions
Presentations
Consent Agenda
- Approval of minutes
- Licenses and Petitions
- Appointments
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Recess for Committee on Finance
Financial Orders
Orders
Ordinances
Updates from Council President and Committee Chairs
Information Requests (Charter Provision 2-7) and Committee Study
Requests
New Business
4.5.2. The agenda shall be published in this manner and adhered to at all
meetings. The presiding officer may implement a change in the order of
business unless any single Councilor objects, in which case the rules may
be suspended as provided in these Rules.
4.6. MINUTES OF PREVIOUS MEETING. The Administrative Assistant to the
City Council shall submit the minutes of the previous meeting with the Council
agenda for the next regular scheduled meeting of the City Council.
4.7. CONDUCT. City Councilors and members of the public shall conduct
themselves with civility and respect at all times.
4.8. PUBLIC COMMENT. Members of the public may address the Council and all
Council Committees on any matter for a period of three minutes. This period
may be extended or reduced at the discretion of the presiding officer.
Whenever language translation is required for a member of the public to
address the City Council, such person shall be provided six minutes.
Individuals wishing to speak will be recognized by the presiding officer and
shall state their name and city or town of residence and, optionally, their
address. Councilors will not respond to any comments from the public.
4.9. NEW BUSINESS. Any Councilor may introduce any written proposed order,
ordinance, or resolution to be considered by the Council at the next meeting,
but not to be debated during new business.
4.10. RECESS. Any Councilor may call for and be granted a recess the length of
which will be determined by the presiding officer.
4.11. ORDER AND MANNER OF SPEAKING. No City Councilor shall speak
more than once on a question, to the prevention of any other who has not
spoken, and is desirous of speaking. The presiding officer may allow a brief
immediate response to any statement posed directly to a particular City
Councilor by a City Councilor. The presiding officer may request that any
speaker discontinue any overly lengthy speech, but the right of a City
Councilor to speak shall not be limited unless a formal motion is passed to set
limits to debate for all City Councilors.
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4.12. ORDER DURING DEBATE. No member should be interrupted while
speaking, but by a call to order, or a request for information, or a question of
privilege to appeal a decision from the presiding officer, or for the correction
of a mistake, nor shall there be any conversation among the members while a
paper is being read, or a question stated from the presiding officer
4.13. VOTING
4.13.1. DECIDING VOTES. The presiding officer shall decide all votes, but if a
member rises to doubt a vote the presiding officer shall order a roll call
vote.
4.13.2. VOTES REQUIRED TO PASS MEASURES
4.13.2.1. The affirmative vote, taken by roll call, of 6 members shall be
required to adopt an appropriation order or transfer.
4.13.2.2. The affirmative vote, taken by roll call, of 6 members shall be
required to adopt a zoning ordinance.
4.13.2.3. In the absence of statutory requirements providing otherwise, the
affirmative vote, taken by roll call, of 5 members shall be required to
adopt any other ordinance.
4.13.2.4. In the absence of statutory requirements providing otherwise, an
affirmative vote of a majority of a quorum shall pass any other
measure.
4.13.3. ROLL CALL VOTES.
4.13.3.1. REQUEST. Any member may request a roll call vote on any
question before the City Council and the Administrative Assistant to
the City Council shall take the census of the Council in that manner.
4.13.3.2. METHOD OF RECORDING. Roll call votes shall be conducted by
this method. The first roll call vote of every session of the City
Council shall be in alphabetical order. Each roll call vote after that
shall progress to the next City Councilor in the alphabet to be the
first Councilor voting, so that at the end of every nine roll call votes
each Councilor has by alphabetical progression voted first in one of
the nine roll call votes.
4.13.4. RECONSIDERATION.
4.13.4.1. When a vote has passed, except for adjournment or to lay on the
table, any member voting with the majority may move a
reconsideration, to be acted upon at the same meeting. Any
member voting with the minority may move a reconsideration to
be acted upon at the next meeting.
4.13.4.2. Minority reconsideration shall have priority over majority
reconsideration. Minority reconsideration shall be used to allow
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time for the submission of new or additional information.
Reconsideration shall not be used in a dilatory manner as defined
in Robert’s Rules of Order.
4.13.4.3. No motion shall be twice reconsidered.
4.14. REMOTE MEETING PARTICIPATION. Councilors may participate
remotely in meetings pursuant to the following regulations:
4.14.1. Requirements
4.14.1.1. Any Councilor who participates remotely and all persons present at
the meeting location shall be clearly audible to each other;
4.14.1.2. A quorum including the presiding officer shall be physically
present at the meeting location;
4.14.1.3. Any Councilor who participates remotely may vote and shall not
be deemed absent.
4.14.1.4. Any Councilor may not participate remotely more than six times in
a calendar year.
4.14.2. Permissible Reasons for Remote Participation. Any Councilor may
participate remotely if the presiding officer determines that one or more of
the following factors make the participation of the Councilor’s physical
attendance unreasonably difficult:
4.14.2.1. Personal Illness;
4.14.2.2. Personal Disability;
4.14.2.3. Emergency;
4.14.2.4. Military Service: or
4.14.2.5. Geographic Distance
4.14.3. Technology
4.14.3.1. The following media are acceptable methods for remote
participation. Remote participation by any other means is not
permitted. Accommodations shall be made for any Councilor who
requires TTY service, video relay service, or other form of
adaptive communications.
4.14.3.1.1. Telephone, Internet, or satellite-enabled audio or video
conferencing;
4.14.3.1.2. Any other technology that enables the remote participation
and all persons present at the meeting location to be clearly
audible to one another.
4.14.3.2. When video technology is in use, the remote participant shall be
clearly visible to all persons present in the meeting location.
4.14.3.3. The presiding officer may decide how to address technical
difficulties that arise as a result of utilizing remote participation,
but is encouraged, wherever possible, to call a brief recess while
reasonable efforts are made to correct any problem that interferes
with a remote participant’s ability to hear or be heard clearly by all
persons present at the meeting location. If technical difficulties
result in a remote participant being disconnected from the meeting,
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that fact and the time at which the disconnection occurred shall be
noted in the meeting minutes.
4.14.3.4. All costs associated with remote participation, if any, shall be
borne by the Councilor remotely participating.
4.14.4. Procedures
4.14.4.1. Any Councilor who wishes to participate remotely shall, as soon as
reasonably possible prior to a meeting, notify the presiding officer
of their desire to do so and the reason for and facts supporting their
request.
4.14.4.2. At the start of the meeting, the presiding officer shall announce the
name of any member who will be participating remotely and the
reason for their remote participation. This information shall be
recorded in the meeting minutes.
4.14.4.3. All votes taken during any meeting in which a member participates
remotely shall be by roll call vote.
4.14.4.4. Any Councilor participating remotely may participate in executive
session, but shall state at the start of any such session that no other
person is present and/or able to hear the discussion at the remote
location. Any Councilor participating remotely who cannot certify
that no other person is present and/or able to hear the discussion at
the remote location may not participate in executive session.
4.14.4.5. When feasible, the presiding officer shall distribute to remote
participants, in advance of the meeting, copies of any documents of
exhibits that they reasonably anticipates will be used during the
meeting. If used during the meeting, such documents shall be a
part of the official record of the meeting, and shall be listed in the
meeting minutes and retained in accordance with Massachusetts
General Law Chapter 30A Section 22.
4.14.5. Application. This rule shall apply to Council Committees.
4.14.6. Amendment. This section may not be amended unless it is in accordance
with the Mayor’s Remote Meeting Participation Policy, Massachusetts
General Law Chapter 30A Sections 18-25 and 940 Code of Massachusetts
Regulations 29.10.
4.15. MINUTES OF EXECUTIVE SESSION. The City Council shall create and
maintain accurate minutes of all executive sessions in accordance with the
following:
4.15.1. The minutes shall set forth the day, time and place, the members present
or absent, a summary of the discussions on each subject, a list of
documents and other exhibits used at the meeting, the decisions made and
the actions taken at each meeting, including the record of all votes.
4.15.2. Any vote taken in an executive session shall be recorded by roll call and
entered into the minutes.
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4.15.3. The minutes of any executive session and the notes, or other materials
used in the preparation of such minutes, and all documents and exhibits
used at the session may be withheld from disclosure to the public in their
entirety, according to the provisions of M.G.L. Chapter 4 § 7 (26) (a), as
long as publication would defeat the lawful purposes of the executive
session, but no longer.
4.15.4. Approving minutes.
4.15.4.1. Votes to approve executive session minutes may be, but are not
required to be, taken in executive session.
4.15.4.2. Review of, deliberation on and amendments to executive session
minutes shall be done in executive session.
4.15.5. Releasing minutes.
4.15.5.1. As provided in MGL Ch 30A, Sec 22(g)(1), The Council President,
with the assistance of the Administrative Assistant to the City
Council and City Solicitor, shall, at reasonable intervals, not to
exceed three months, review the minutes of executive sessions to
determine if the relevant statutory provisions warrant continued
nondisclosure. Such determination shall be announced at the City
Council’s next meeting and such announcement shall be included in
the minutes of that meeting.
4.15.5.2. Whenever the Council President requests that a vote of the Council
be taken to determine whether to release executive session minutes,
that vote must be taken in executive session.
4.15.6. Upon request by any person to inspect or copy the minutes of an executive
session or any portion thereof, the Council shall respond to the request
within 10 days following receipt and shall release any such minutes that
would not defeat the lawful purposes of the executive session.
4.15.7. Any notes, documents or other exhibits used in the preparation of the
minutes of executive sessions shall be retained for at least 60 days following
the approval of the minutes of the executive session by the Council. The
Council President shall periodically review said notes and other documents
prior to the discarding or destruction thereof.
5. Legislative Process
5.1. PROPOSED MATTERS
5.1.1. Matters proposed for inclusion in City Council agendas shall be filed with
the Administrative Assistant to the City Council. Agendas shall be
published in accordance with the Open Meeting Law.
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5.1.2. COMMUNICATION WITH MAYOR’S OFFICE. The Administrative
Assistant to the City Council shall serve as a point of contact with the
Mayor’s office regarding the City Council’s agendas.
5.1.3. ADDING MATTERS TO COUNCIL AGENDA. The Council President
shall have discretion over the items added to Council agendas, except that
if the addition of an item has been once requested by a member of the City
Council or the Mayor and at the discretion of the Council President that
item is not placed on an agenda of a regular Council meeting, then before
the next regular Council meeting any two members of the City Council
may petition the Council President who shall then add the item to the
agenda of the next regular Council meeting.
5.1.4. PRESENTATION AND ENACTING STYLE OF MATTERS
5.1.4.1. Matters shall be presented in a format as indicated in the table
below:
Line Ordinances Orders Resolutions
1. Date “In the Year 2016” “In the City Council,
February 2, 2016.”
“In the Year 2016”
2. Sponsorship “Upon the recommendation of…”
3. ID Number Not prefaced Prefaced by “O” Prefaced by “R”
4. Type of
Matter
“An Ordinance” “An Order” “A Resolution”
5. Short Title “Relative to…”
“Entitled the …
Ordinance of
2016”, or “To …”
et al.
“To…” et al. “To…”, “In support
of…”, et al.
6. Enacting
Clause
“Be it ordained by
the City Council of
the City of
Northampton in
City Council
assembled, as
follows”
“Ordered, that” “Be it resolved by the
City Council of the
City of Northampton in
City Council
assembled, as follows”
5.1.4.2. Administrative ID Number. The Administrative Assistant to the City
Council shall assign each matter, upon formal submission, a unique
identification number, in the form of the last two digits of the
calendar year followed by an incrementally increasing number. The
incrementally increasing portion shall reset to “1” every Council
session.
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5.1.4.3. Additions to the Code of Ordinances shall be indicated in bold
and/or underline. Deletions shall be indicated by striking through.
5.1.5. SUPPORTING DOCUMENTS. Maps and visuals, along with all other
supportive evidence essential to a matter, shall be presented in a clear and
intelligible way.
5.2. REFERRAL OF MATTERS
5.2.1. In general, all matters may be referred to Council committees or executive
multiple-member bodies, which shall constitute a request for a report on
such matters.
5.2.2. Financial orders. No order or resolution authorizing a loan, the levying of
a tax or the expenditure of money (with the exception of the printing of the
annual reports) shall be voted on by the City Council until it has been
considered by the Committee on Finance. It shall be the duty of such
committee to report on the relation of such order, resolution, levy or
expenditures to the finances of the City, but new provisions shall not be
added to such resolution, order, levy or expenditure by the Committee
unless directly connected with the financial features thereof, and then by
recommendation only.
5.2.3. Ordinances. No ordinance shall be voted on by the City Council until it
has been considered by the Committee on Legislative Matters.
5.2.4. Licenses and permits. Licenses and permits may be referred to the
Committee on Community Resources for the committee’s
recommendation.
5.2.5. Should a committee fail to report within the time set forth in Section
2.6.2.6, or if a multiple-member body fails to report within 45 days of
referral to that body, the City Council shall be authorized to proceed with
the matter in absence of such report.
5.3. SOLICITOR REVIEW OF ORDINANCES. At or before the meeting at which
the Committee on Legislative Matters considers any matter for approval and/or
recommendation the City Solicitor shall be requested to examine the matter’s
form and legal character.
5.4. WITHDRAWAL OF MATTERS. If the Council has previously acted on a
matter, the matter may be withdrawn by this method. At the written request of
any sponsor(s) of a matter, a matter shall be withdrawn from consideration in the
City Council and in all City Council Committees to which the matter had been
referred provided the withdrawal be placed on the agenda of a City Council
meeting. No vote shall be required. However, if at that meeting all sponsors of a
matter do not unanimously agree to withdraw a matter, the matter shall not be
withdrawn. However at that time any Councilor shall upon their request have
their individual sponsorship removed.
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5.5. MATTERS REQUIRING TWO VOTES. To be approved, every matter shall
have two separate votes on two separate days unless otherwise provided in these
Rules.
5.6. MATTERS REQUIRING ONE VOTE. The following shall require only one
vote of the Council:
5.6.1. Administrative orders submitted by the Mayor for either approval or
disapproval
5.6.2. Licenses
5.6.3. Approval of minutes
5.6.4. Acceptances of reports
5.6.5. Petitions, and orders to grant petitions
5.6.6. Appointments, and
5.6.7. Orders to adopt or amend the Council Rules.
5.7. ENROLLMENT COMMITTEE. When matter has passed the required number
of votes, it shall be signed by the Administrative Assistant to the City Council
and signed by the Enrollment Committee consisting of two City Councilors.
5.8. AUTOMATIC CARRYOVER. Matters that have not passed the required
number of votes by the end of the current session shall automatically carry over
to the next session of the City Council and shall remain in the Council and in all
committees and executive commissions to which they have been referred at the
start of the next session unless:
5.8.1. A matter has already failed on the first of two required votes; or
5.8.2. A matter has received a negative recommendation from the Committee on
Legislative Matters; or
5.8.3. The City Council votes to prevent automatic carryover of a matter to the
next session. For this purpose, at the request of any City Councilor, the
City Council President shall place any such pending matter on the agenda
at the final meeting of the session. Only one vote shall be required to
prevent automatic carryover, but 2/3 majority of the full Council shall be
required; or
5.8.4. None of the sponsors of a matter will be serving in the next session of the
City Council.
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6. APPENDICES
6.1 SPECIAL PERMIT GRANTING AUTHORITY
Chair/Moderator
I. Selection of a Chair/Moderator
The City Council President will serve as the presiding officer of the hearing.
MEETINGS AND HEARINGS
II. Notice of Public Hearings
Notice of hearings shall be advertised as required by the provisions of General Law
Chapter 40A. In addition to the legally required notices the City Council will make every
effort to publish this notice broadly so the public will be fully informed, methods might
include the City website, email distribution list and Northampton Community Television.
III. Calling of Public Hearing
All hearings held by the Council as a Special Permit Granting Authority Shall be open to
the public.
IV. Public Hearings
1. Public hearings, when called, will be conducted in the following manner:
A. The presiding officer will announce that it is time for a Public Hearing and
will announce the subject of such hearing.
B. The presiding officer will review evidence of adequate advertisement and
legal notice and, if found to be appropriate and proper according to law, will
have the advertisement read into the record. The presiding officer will then
explain the procedure to be followed, including the time limits on speakers’
and the fact that each speaker shall give their name and address for the
record. By majority vote the City Council may extend the time granted to a
particular speaker by the presiding officer. The chair may limit testimony that
is repetitive.
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C. The presiding officer will report on any new or changed information pertinent
to the subject, if any, and then have read into the record all memoranda,
opinions, comments and recommendations or City departments or boards
pertinent to the matter.
D. The applicant will be given a reasonable amount of time to make a
presentation regarding the matter.
E. Other persons supporting the position of the proponents will then be allowed
to express the fact of their support and to present such supportive information
as was not included in the initial or previous presentations. A five-minute
time limit shall apply but the Council could extend the time on a majority
vote.
F. Before opponents to an application or petition are called to speak, a member
of the Council may move for invocation of a summary procedure and, if
seconded and approved by a majority of the quorum, may subsequently move
to deny the request made by the applicant, based on a finding that the
evidence presented was not adequate to justify the request. If the motion for
denial is then seconded and is approved by the quorum, the public hearing
may be deemed complete.
G. Those persons speaking in opposition to the position taken by the principal
proponent are then allowed to speak, each being allowed to express the fact
of their opposition and to present such supportive information as was not
included in previous presentations before the Council. A five-minute time
limit shall apply and the Council could extend the time on a majority vote.
H. After all opponents have been heard, the presiding officer will then allow the
proponent and or project staff person to respond to any issues/questions
raised by the opponents.
I. After the proponents have responded to the opponents, the opponents shall
have an additional opportunity to respond, the presiding officer shall
determine which opponent shall respond at which time. A three minute time
limit shall apply but the Council may extend the time by majority vote. The
motion to extend time is non-debatable.
J. The presiding officer will then enter all documents received concerning the
matter into the record. The applicant or project staff may then answer any
questions raised in the letters.
K. If new information is presented the presiding officer or the Council may
allow additional time for the appropriate party to respond. Immediately or in
writing later but before the close of the public hearing.
L. The presiding officer will then hear questions from the general public
regarding aspects/issues that have not been addressed in previous testimony.
The presiding officer shall refer questions to the appropriate person and may
rule questions out of order if the subjects of the questions have already been
addressed. Questions may also be submitted in writing.
M. At any point, a public hearing may be continued or postponed to a time, place
and date certain, provided that these rules and procedures are adhered to
when it is resumed, or may be continued or postponed to a time, place and
date not certain, providing required advertising and notice procedures are
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followed to announce the time, place and date of resumption. Each meeting is
a continuation of the same public hearing.
V. Votes of the Council
All votes for Special Permits shall require a 2/3 majority of the Council to pass.
Applications before the City Council
VI. Permit Applications
Applications for a Special Permit before the City Council shall be prepared in accordance
with the procedures in the Northampton Zoning Ordinance and the instruction on and
attached to the application form. Every application for action by the Council shall be
made on the official application form, and as approved by the Council and adopted by
reference in these Bylaws and Rules of Procedure.
6.2 Examples of Presentation and Enacting Styling of Matters
In the Year Two Thousand and Fifteen
Upon the Recommendation of Councilor J. Calvin Coolidge
15.073
AN ORDINANCE
RELATIVE TO ZONING IN CENTRAL BUSINESS (OR)
ENTITLED THE ZONING ORDINANCE OF 2016 (OR)
TO REVISE SEC. 000 OF THE CODE OF ORDINACES
Be it ordained by the City Council of the City of Northampton, in City Council
assembled, as follows:
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In the City Council, January 1, 2016
Upon the Recommendation of Councilor J. Calvin Coolidge
O-15.001
AN ORDER
TO APPROPRIATE FUNDS FROM COMMUNITY
PRESERVATION ACT FUNDING
Ordered, that:
In the Year Two Thousand and Fifteen
Upon the Recommendation of Councilor J. Calvin Coolidge
R-15.003
A RESOLUTION
IN SUPPORT OF DEMOCRACY (OR)
TO CREATE A SELECT COMMITTEE TO RECOMMEND A
STATE LEGISLATIVE AGENDA
Be it resolved by the City Council of the City of Northampton, in City Council