RULES
OF ORDER
Article I
Definitions
1. Ad Hoc Committee - is a committee created and appointed by the Chair for a period not to exceed one year to address a subject of limited scope.
2. Agenda - is a summary of the order of business expected to come before a particular meeting of the Legislature. All bid openings, communications, petitions, notices, committee reports, annual reports, audits, resolutions, proclamations, recognitions, as well as any other business to appropriately come before the Legislature shall be listed.
3. Amendment – is a proposal to change the wording of a motion or a resolution. All amendments must be submitted in writing on the form provided and distributed to all members.
4. Amend Something Previously Adopted – is a motion to change the Legislature’s action on a portion of a resolution that has been adopted. This motion is in order as long as the portion to be amended is not something that has already been done that cannot be undone. A motion to amend something previously adopted requires the vote required to adopt the original resolution.
5. Article - is any resolution, petition, communication, notice, or report.
6. Article postponed indefinitely - is any article postponed indefinitely, pursuant to Article IX of these Rules.
7. Article postponed to time certain - is any article laid on the table to be taken up on a specific day, pursuant to Article IX of these Rules.
8. Authorized Agency - is a corporation, association, institution, or agency authorized to receive and expend County money. (See County Law, Section 351)
9. Chair/Chairperson/Chairman/Chairwoman - is the Chairman of the Cortland County Legislature, elected in accordance with Article II of these Rules, Local Law, and County Law
10. Claim - is any claim, bill, or account submitted to the Legislature pursuant to County Law. (See County Law, Section 369)
11. Clerk - is the Clerk of the Cortland County Legislature elected in accordance with Article II of these Rules, Local Law and County Law.
12. Committee of the Whole – is a committee composed of the members of the Legislature for the purpose of considering a subject which the members do not wish to refer to a Standing, Special, or Ad Hoc Committee, but which is not in proper form for their final action. Committee of the Whole is NOT an executive session.
13. Conflict of Interest – means that a member of the Legislature, or a member of a Legislator’s immediate family (parent, stepparent, child, stepchild, sibling, step sibling, or spouse) will be directly benefited or harmed by the Legislature’s action.
14. Communication - is any written instrument advising the Legislature of facts, situations, or problems (past, present, or future) having to do with the operation of Cortland County Government or the Legislature's powers under County Law. For informational purposes, official communications may be distributed to or received and filed by the Legislature.
15. Day - is a meeting day of a legislative session.
16. Department Head - is the County employee or employees chiefly responsible for the operation of any County Department.
17. Direct Interest – means a member, or person in a member's immediate family (parent, stepparent, child, stepchild, sibling, step sibling, or spouse), will be benefited or harmed financially by the Legislature's action on the matter before it. It shall not apply to the resolution adopting the County Budget, resolutions affecting the compensation of members of the Legislature, or resolutions ratifying bargaining unit contracts or management compensation plans.
18. Executive Session - is a session of the Legislature attended only by members and such staff and special invitees as the Legislature may authorize. No minutes or formal action shall be taken at any Executive Session. Proceedings in Executive Session shall be confidential unless the Legislature votes otherwise.
19. Journal - is the bound copy of the proceedings of the Legislature for a calendar year, required to be published annually pursuant to County Law. (See County Law, Section 211)
20.
Legislature - is the Cortland County Legislature and
whenever the term "County Board," "Board of Supervisors,"
"County Governing Board, " "Elective governing body of the
county" is referred to in any law it shall be deemed to mean and refer to
the County Legislature. (See Local Law No. 2 for year 1972, Article II,
Section 200, COUNTY LEGISLATURE; STATUS AND TITLE)
21.
Majority Leader - is the Cortland County Legislature's
Majority Leader selected in accordance with.
(See Resolution No. 170-06)
22. Meeting - is any regular meeting, special meeting, and/or day of a Legislative Session of the Cortland County Legislature.
23. Member - is either a duly elected member of the Cortland County Legislature or a member appointed by authority of Article II, Section 204, VACANCIES, of Local Law No. 2 for year 1972.
24. Minority Leader - is the Cortland County Legislature's Minority Leader selected in accordance with Resolution No. 170-06.
25. Minority Report – is the written report of either the minority party or a minority of any standing, special, or ad hoc committee.
26. Motion - is a formal proposal for action by a member in a meeting.
27. Motion to Discharge - is a motion relieving a Standing committee of its responsibility to consider a matter referred to it and placing the matter on the agenda of the following meeting of the Legislature.
28. Motion to Reconsider - is a motion to bring again before the Legislature a motion which has been adopted, rejected, or postponed indefinitely.
29. Motion to Rescind - is a motion to revoke the Legislature's action on a motion which has been adopted, rejected, or postponed indefinitely, as long as something has not already been done which cannot be undone. A motion to rescind requires a two-thirds vote.
30. Motion to Suspend the Rules – is a motion suspending the Rules of Order which requires a two-thirds majority vote may be made by any member of the Legislature.
31. Petition - is a written request for action by the Legislature on a matter having to do with the operation of Cortland County Government or the Legislature's power under County Law.
32. Previous Question - is a motion to immediately end debate and amendment and take a vote on the question(s) before the Legislature.
33. Privilege of the Floor - is an opportunity granted to a person who is not a member of the Legislature to address an issue, which is on the current Legislative agenda.
34. Quorum - is a majority of the whole number of members of the Legislature. (See County Law, Section 153)
35. Recessed Meeting - is a session called pursuant to Article VII and/or VIII of these Rules, or a session called because of failure to obtain a quorum at a meeting.
36. Receive and File - is a motion to receive a communication and have it placed on file with the Clerk of the Legislature.
37. Refer - shall mean a motion to transmit a matter to a Standing, Special, or Ad Hoc Committee as the Legislature deems appropriate.
38. Regular Meeting - is a meeting called pursuant to Article VIII, Rule 3 of these Rules for the purpose of transacting any and all business which the Legislature is permitted by law to transact.
39. Resolution - is a written instrument for consideration and approval of the Legislature as recommended by a committee or the Chair in carrying out its power and duties pursuant to Statute or expressing the sense of the Legislature on a matter having to do with the operation of Cortland County Government.
40. Resolutions Requiring a Two-Thirds of Total Weighted Vote- require a two-thirds vote of the total weighted vote and shall include those:
a. authorizing the purchase of property (See County Law, Section 215);
b. authorizing the issuance of bonds (See General Municipal Law, Section 99-g);
c. conveying property previously owned by the County, except property acquired by tax sale deed or for purposes of establishing a
highway right of way (See County Law, Section 215);
d. giving an easement or other substantial interest in property owned by the County (See County Law, Section 215);
e. regarding membership of County employees in a State Retirement System;
f. authorizing a class of property tax exemptions;
g. creating departments, boards, or councils;
h. amendment of the Rules of the Cortland County Legislature;
i. rescinding or amending a resolution originally requiring a two-thirds vote;
j. motions suspending the adopted parliamentary authority;
k. any other action requiring a two-thirds vote as mandated by Federal, State or County law.
41. Resolutions - require a majority vote of the total weighted vote and shall include those:
a. transferring any funds within account numbers;
b. authorizing contracts;
c. authorizing reimbursement for employees completing job-related courses;
d. authorizing awarding of bids;
e. authorizing correction of an assessment roll if approved by the Director of Real Property Tax Services; or
f. other business which may appropriately come before the Legislature, which does not require a vote other than a majority vote.
42. Roll Call Vote – shall be taken as required by Statute or may be ordered on any pending motion on the request of a member.
43. Special Committee - is a committee established by resolution of the Legislature pursuant to Article IX of these Rules. (See Local Law No. 2 for year 1972, Article II, Section 200, COUNTY LEGISLATURE; STATUS AND TITLE; See County Law, Section 154[2])
44. Special Meeting - is a meeting called upon direction of the Chair or upon a written request signed by a majority of the members of the Legislature. (See County Law, Section 152)
45. Sponsor - is the member or members whose motion or resolution is appropriately brought before the Legislature.
46. Standing Committee - is a committee established in accordance with Article XII of these Rules. (See Local Law No. 2 for year 1972, Article II, Section 200, COUNTY LEGISLATURE; STATUS AND TITLE; See County Law, Section 154[1])
47. Table – is a motion to allow the Legislature to lay the pending question(s) aside temporarily.
48. Take from the Table – is to make pending again before the Legislature a motion or resolution that had been previously tabled.
49. Total Vote - is the total number of weighted votes of all members of the Legislature.
50. Whole Number of Members - is the total number of members that the Legislature would have were there no vacancies and were none of the members excused from voting or allowed to abstain. (See County Law, Section 153)
Article II
Organization
Section 1. Biennial Organizational Meeting
A. Scheduling
1. In accordance with Local Law. (See Local Law No. 2 for year 1972, Article II, Section 202, ORGANIZATION; OFFICERS, COMMITTEES)
B. Notification
1. The Clerk of the outgoing Legislature shall serve upon each member of the incoming Legislature a notice stating:
a. the date, time, and location of the organizational meeting; and
b. that a chairman shall be elected; and
c. any other matter to come before the Board.
2. In accordance with Law, the notice referenced in Article II, Section 1. B. 1 of these Rules shall be in writing and shall be served by United States mail addressed to each incoming member at his/her last known postal address at least 48 hours before the date and time of the meeting. (See County Law, Section 152)
3. In the event of the inability or failure of the Clerk of the outgoing Legislature to serve notice as provided in Article II, Section 1, B, 1, of these Rules, the County Clerk of Cortland County shall give notice of the biennial organizational meeting. The meeting held under this provision shall take place on or before January 15th in the even-numbered years.
The notice of said meeting shall be served by the County Clerk of Cortland County as prescribed in Article II, Section 1, B, 2 of these Rules.
C. Business
The business to come before the biennial organizational meeting shall be as follows:
1. election of a Chair;
2. election and appointment of a Clerk (See Article II, Section 202, ORGANIZATION; OFFICERS; COMMITTEES, para. 4 of
Local Law No. 2 for year 1972);
3. receive and file the designation of the Majority Leader and Minority Leader (if available);
4. appointment of a County Attorney;
5. appointment of a County Auditor;
6. appointment of a Public Defender;
7. appointment of a Veterans’ Services Officer;
8. appointment of a County Historian; and
9. any other business necessary and appropriate to come before the meeting.
Section 2. Elections and Appointments
A. Election of a Chairman
1. In accordance with Article II, Section 202, ORGANIZATION, of Local Law No. 2 for year 1972, at each biennial organizational
meeting, the Clerk of the outgoing Legislature shall call the meeting to order and preside over the election of the Chair.
2. The Chair’s term will be through December 31 in the next odd-numbered year.
4. In the event a Chair is not elected at the biennial organizational meeting, a Chair shall be elected at a recessed meeting held no later than February 1 in the even-numbered year.
5. In the event of the failure of the Legislature to elect a Chair on or before February 1 in the even-numbered year, the County Clerk of Cortland County shall appoint a member of the Legislature as Chair, who shall serve through December 31 of the next odd-numbered year.
B. Appointment of a Clerk
1. At each biennial organizational meeting, the Legislature shall appoint a Clerk of the Legislature, in accordance with Local Law No. 2 for year 1972. (See Article II, Section 202, ORGANIZATION; OFFICERS; COMMITTEES, of Local Law No. 2 for year 1972; and County Laws, Section 400[4][a]) and Section 475)
2. Nominations for Clerk of the Legislature shall not require a resolution but shall be made orally.
3. The Clerk of the Legislature shall be appointed by a majority vote of the whole number of Legislators.
4. The Clerk of the Legislature shall serve at the pleasure of the Legislature until replaced or removed by the Legislature. (See County
Law, Section 475[1])
C. Appointment of the County Attorney
1. At each biennial organizational meeting, the Legislature shall appoint a resident attorney as County Attorney, in accordance with Section 500 of County Law.
2. The term of office of the County Attorney shall run concurrent with the elected members of the Legislature.
3. Appointment of the County Attorney shall be done by resolution.
D. Appointment of the County Auditor
1. At each biennial organizational meeting, the Legislature shall appoint a County Auditor, in accordance with County Law, Section 600.
2. The term of office of the County Auditor shall be for the term for which the membership of the Legislature appointing him/her was elected or for a term as may be determined by local law not to exceed four years.
3. Appointment of the County Auditor shall be done by resolution.
E. Appointment of a Veterans’ Services Officer
1. At each biennial organizational meeting, the Legislature shall appoint a County Veterans' Services officer, in accordance with County Law Section 800.
2. The term of office of the Veterans’ Services shall be for the term for which the membership of the Legislature appointing him/her was elected or for a term as may be determined by local law not to exceed four years.
3. Appointment of the Veterans' Services Officer shall be done by resolution.
F. Appointment of a Public Defender
1. At each biennial organizational meeting, the Legislature shall appoint a Public Defender, in accordance with Local Law No. 2 for year 1966. (See County Law, Section 716)
2. The term of the office of Public Defender shall be for the term for which the membership of the Legislature appointing him/her was
elected or for a term as may be determined by local law not to exceed four years.
3. Appointment of the Public Defender shall be done by resolution.
G. Appointment of a County Historian
1. At each biennial organizational meeting, the Legislature shall appoint a County Historian, in accordance with Arts & Cultural Affairs Law, Section 57.07 (1) and County Law, Section 400 (4).
2. The term of the office of County Historian shall be for the term for which the membership of the Legislature appointing him/her was elected or for a term as may be determined by local law not to exceed four years.
3. Appointment of the County Historian shall be done by resolution.
Article III
Authority
of the Chair
Section 1. Legislative Meetings
A. At any meeting of the Legislature, the Chair shall:
1. call the meeting to order at the set time;
2. proceed to the business in the manner prescribed by the Rules, unless there is no quorum;
3. preserve order and decorum in debate, preventing personal reflections and confining members' remarks to the question under debate;
4. recognize members entitled to speak in debate, ruling which member is first entitled to speak when two or more members seek recognition simultaneously; this ruling shall be subject to appeal from the ruling of the Chair;
5. rule on the priority of business and all points of order, subject to appeal from the ruling of the Chair. On each appeal, the Chair shall have the right to speak first and last in debate, if the question is debatable, to explain the reason(s) for the ruling; all other members may speak once in debate if the question is debatable;
6. provide a sign in sheet for the public to participate and grant the privilege of the floor to non-members who have signed before the beginning of the session and set the time limit, up to but not more than five (5) minutes, that a non-member may speak; the sign in sheet shall contain the following public notice:
Public Comment: Provision is made at this point in the agenda for citizens of the community to make comments regarding any agenda item to be discussed at this meeting. After Public Comment, citizens will not be recognized at any time except at the request of the Chairman after approval for such recognition by a unanimous vote of the Legislature in attendance. No person, not a member of the legislature, shall speak for more than five (5) minutes without specific approval of a majority of the Legislators. The minutes shall show that a privilege of the floor was granted and shall include a brief statement of the subject matter presented.
these actions shall be subject to appeal from the ruling of the Chair; (See Article IX, Order of Business)
7. in the absence of a quorum, take actions necessary to obtain a quorum;
8. on the request of any member, or at his/her own discretion, divide a resolution that contains two or more distinct propositions;
9. vote on all questions, unless excused from voting on a particular question;
10. appoint a Chair pro-tem to preside over the Committee of the Whole;
11. excuse a member from any meeting because of medical reasons, death in the family, or an irrevocable commitment to other County business;
12. declare any meeting recessed at which a quorum cannot be obtained.
B. At any meeting of the Legislature, the Chair may:
1. vary the order of business from Article IX, unless the decision of the chair is otherwise appealed and overruled by a majority vote
of the Legislature;
2. call any qualified individual temporarily to the position of Clerk of the Legislature;
3. allow a minority report (either minority party or minority of a committee) to be presented and heard;
4. introduce a resolution on the agenda to the Legislature when content or subject matter does not fall within the jurisdiction of a
statutory committee; and
5. also present appointments to various boards and committees.
C. The Chair may direct the Clerk of the Legislature to call a Special Meeting of the Legislature subject to the limitations of Article VII and/or VIII. (See County Law, Section 152)
Section 2. Committee Responsibilities
The Chair shall:
1. within 15 days of his/her election to the position of Chair, appoint all Chairmen and members of Standing Committees, filing a list of same with the Clerk of the Legislature. When feasible, each political party shall be represented on each committee in its proportion to representation on the Legislature;
2. within 15 days of creation of a Special Committee, appoint its Chairman and members, filing a list of same with the Clerk of the Legislature. When feasible, each political party shall be represented on each committee in its proportion to representation on the Legislature;
3. in accordance with County Law, Section 154, fill any vacancies in any Standing or Special Committee;
4. create Ad Hoc Committees as he/she deems necessary and appoint the Chairman and members thereof;
5. fill any vacancies in an Ad Hoc Committee;
6. reassign or remove committee Chairmen or members as necessary;
7. when deemed necessary, call a meeting of a Standing, Special, or Ad Hoc Committee subject to the limitations of Article V;
8. subject to the approval of the Legislature, assign additional duties to Standing or Special Committees;
9. in accordance with County Law, Section 450, sit on Standing or Special Committees as an ex-officio member.
Section 3. Communications
A. Resolutions
1. Upon receipt of any resolution, forward it to:
a. the Clerk of the Legislature;
b. the Chairman of the appropriate committee(s);
c. the Majority Leader;
d. the Minority Leader; and
e. other appropriate individuals.
B. Communications from the Clerk of the Legislature
Upon receipt of any petition, communication, or notice from the Clerk of the Legislature, forward it, if applicable, to:
1. the Chairman of the appropriate committee(s);
2. the Majority Leader;
3. the Minority Leader; and
4. other appropriate individuals.
C. Communications from Others
Upon receipt of any petition, communication, or notice from any individual other than the Clerk of the Legislature, forward it, if applicable, to:
1. the Clerk of the Legislature;
2. the Chairman of the appropriate committee(s);
3. the Majority Leader;
4. the Minority Leader; and
5. other appropriate individuals.
Section 4. Oath of Office
In accordance with County Law, Section 450, within 20 days of being elected Chair, execute and file in the office of the County Clerk of Cortland County an official oath by being sworn in and signing the official oath book as Chair. The Chair will also execute and file an official undertaking in such amount as required by the Legislature.
Section 5. Administrative Responsibilities
The Chair:
A. shall supervise the Clerk of the Legislature;
B. shall oversee the use of the Legislative Chambers and offices or shall designate an individual to oversee the use of the Legislative Chambers and offices;
C. shall, no later than the last session in June of each year, give a State of the County address, at which time member reports may also be given;
D. may represent the County in all proceedings before the Public Service Commission and at all other public hearings and conferences deemed
necessary to attend;
E. shall, in case of attack or public disaster, direct the performance by agencies and public offices of the County of specific duties and implement the provisions of Article Three of the New York State Emergency Defense Act and the County Emergency Plan;
F. as defined by County Law, Section 450, shall become familiar with the property, function, and fiscal affairs of the County and shall have final authority for the use of all County properties;
G. in accordance with County Law, Section 450, shall ensure that the statutory and local laws and resolutions of the Legislature and directions of County officials empowered to make the same are faithfully executed. Any neglect of duty shall be reported to the Legislature;
H. in accordance with County Law, Section 450, shall determine which official shall perform a particular power or duty not clearly defined by law;
I. in accordance with County Law, Section 450, may attend meetings of all boards, commissions, or other bodies appointed by the Legislature; those exercising County functions; or those expending County funds;
J. in accordance with County Law, Section 450, may inspect all books, accounts, records, or documents pertaining to the property, money, or assets of the County over which the County has control;
K. in accordance with County Law, Section 450, may make recommendations to the Legislature on legislation, rules, and regulations, and such other matters deemed material and advisable;
L. in accordance with County Law, Section 450, may transfer employees temporarily from one department or office to another, with the approval of the appropriate department head(s) or the Legislature;
M. recommend to the Legislature persons for appointment to the Industrial Development Agency, which shall be politically balanced;
N. shall approve the agenda for Legislative sessions prior to distribution;
O. shall, after his/her election as Chair, assign seating for the members of the Legislature; and
P.
appoint the members of all management teams for the negotiating of
labor contracts.
Section 6. Temporary Chair
In the absence of the Chair for a meeting, the Majority Leader shall serve as temporary chair. In the absence of the Chair and the Majority Leader, the Minority Leader shall serve as the temporary chair. (See Resolution No. 170-06)
Section 7. Permanent Vacancy
In the event of a vacancy in the office of Chair as defined by Public Officers’ Law, Section 30, the Clerk of the Legislature shall, within ten calendar days of such vacancy, call a meeting of the Legislature with notice provided in accordance with Article VIII of these Rules. At such meeting, a member shall be elected Chair, who shall serve as Chair for the unexpired term.
In the event of the failure of the Legislature to elect a new Chair within 30 days after the vacancy, the County Clerk shall appoint a member of the Legislature to serve as Chair for the unexpired term.
Article
IV
Authority
of Committee Chairmen
1. appoint a Vice Chairman to preside in his/her absence;
2. schedule committee meetings and cause committee members and the Clerk to
have at least 72 hours notice of all meetings. The 72 hour requirement may be waived by majority vote of the committee, all members having been notified of the meeting;
3. schedule a committee meeting on receipt of a request signed by at least a majority of the committee members. Said request shall state a date, time, place, and subject for said meeting;
4. prepare, or cause to be prepared, in conjunction with the County Administrator, an agenda for each committee meeting;
5. add additional resolutions not included on the agenda upon a majority vote of those present and voting, a quorum being present;
6. upon receipt of any resolution, petition, communication, or notice, consult with each member of the committee in the manner he/she deems appropriate. Action can only be taken in an appropriately called and conducted meeting.
7. request the attendance of appropriate individuals to a committee meeting when their resolutions are being considered;
8. within two business days following a committee meeting, file a written report specifying: the time, date, and place of the meeting, the persons in attendance, the resolutions voted on and the vote on each, and the minutes of the meeting. This provision shall not apply when a committee is meeting in Executive Session;
9. when reporting any resolution to the Legislature, provide all appropriate relative material to the Clerk of the Legislature;
10. delegate two members of the committee, who shall in conjunction and cooperation with the County Administrator, participate in the selection of a Department Head in a department assigned to it in these Rules.
B. Each committee chairman may:
1. appoint a subcommittee within the committee to study any issue deemed appropriate;
2. schedule committee meetings with Department Heads or heads of authorized agencies to discuss mutual objectives and problems;
3. explain the purpose and provisions of resolutions reported from the committee before the debate begins in a Legislative session; and
4. present a resolution to the Legislature by a motion suspending the rules.
Responsibilities
and Duties of the Clerk of the Legislature
The Clerk shall:
1. keep a record of all acts and proceedings of the Legislature and be the custodian of records and papers having to do with the Legislature’s actions (See County Law, Section 475);
2. record in the minutes whenever the Privilege of the Floor is granted, specifying the speaker and including a brief summary of what
was said;
3. record in the minutes the sponsor and the seconder of all resolutions and motions;
4. call the roll in alphabetical order by the members’ surnames, with the Chair being called last, and enter it in the minutes, specifying which members were present, absent, and excused;
5. certify local laws and resolutions in the order in which they are adopted and consecutively number local laws and resolutions in separate series as they are certified, each series continuing through one calendar year;
6. forward copies of local laws and resolutions adopted by the Legislature to the appropriate parties;
7. publish all roll call votes in the Journal and maintain a record of roll calls, which shall be available for public inspection prior to publication in the Journal;
8. maintain a general index of all local laws and resolutions of a permanent nature;
9. file all Local Laws with the Secretary of State and the Cortland County Clerk;
10. file with the Cortland County Clerk all documents as directed by a majority vote of the Cortland County Legislature;
11. distribute to each member and others as deemed appropriate, or as directed by the Legislature or Chair, copies of the minutes of a Legislative session prior to or with the agenda of the next Legislative meeting;
12. upon direction of the Chair, or upon written request signed by a majority of the whole number of members of the Legislature, call a Special Legislative Meeting and serve personally or by mail upon each member at least 48 hours before the date fixed for the meeting, a written notice stating the date, time, location, and purpose of the Special Meeting (See County Law, Section 152); in the case of an emergency, the 48 hour requirement may be waived by a majority vote of the Legislators present and voting, a quorum being present and all members having been notified;
13. in the absence of a quorum, notify all members that a recessed meeting will be held giving the date, time, and location of the recessed meeting;
14. in the absence of the Chair, the Majority Leader, and the Minority Leader for a meeting, call the Legislature to order and preside over the election of a Chair Pro-Tem, who shall exercise the powers and duties of the Chair for the duration of the Chair’s absence;
15. upon receipt of any petition, communication, or notice from anyone other than the Chair, forward a copy to the Chair, the Majority Leader, the Minority Leader, and other appropriate individuals;
16. on the fourth calendar day prior to a regular meeting, prepare and distribute an agenda which shall include, among other things, a listing of articles received in his/her office;
17. make copies of the agenda available to the public in his/her office after distributing it to the members;
18. make copies of all roll call votes available to the public one day after the conclusion of the meeting at which they were taken;
19. by 10:00 a.m. on the business day prior to a meeting, place a copy of each resolution to be considered at the meeting on the desk of each member;
20. send notices of committee meetings to all Legislators, the County Attorney, and other appropriate individuals at least 72 hours in advance of a committee meeting;
21. record all notices of committee meetings;
22. on the request of a Committee Chair or County Administrator, prepare an agenda for a committee meeting and distribute it in accordance with Article V;
23. receive reports as requested by the Legislature;
24. receive annual reports from Department Heads and heads of authorized agencies, as directed by the Legislature or required by law;
25. upon receipt of a tentative budget from the County Administrator in his roll as Budget Officer, distribute a copy to each member;
26. prepare a list of committees and their members, and distribute to all Legislators and Department Heads and have available for the general public within 30 days of the committee appointments;
27. within 50 days after election or appointment of new members, distribute to them the last Legislative Journal, the current County budget, and if available, the tentative County budget for the next fiscal year;
28. ensure each member has a copy of the current edition of Robert’s Rules of Order Newly Revised and the Rules of Order of the Cortland County Legislature;
29. prepare an annual budget for the office of Clerk of the Legislature;
30. report to the Legislature through the Chair; and
31. perform such additional duties as the Legislature or the Chair may direct. (See County Law, Section 475)
Powers
and Duties of the County Attorney and the County Administrator
The County Attorney shall:
1. act as the legal advisor to the Legislature and other County officials in all matters involving an official act of a civil nature (See County Law, Section 501);
2. be present at all Legislative meetings unless excused by the Chair, and committee meetings, if requested by the Committee Chair. In
cases where the County Attorney cannot be present, an Assistant County Attorney shall be present; and
3.
by 10:00 a.m. on the business day prior to a meeting, approve all
resolutions included on the agenda for form and legal content, indicating
his/her approval on the original copy, consulting with the sponsor if
necessary, before approving said resolution;
The County Administrator shall:
1.
(See Local Law No. 7 for the of 2002, Local Law No. 3 for the year 2003
and County Law, Sections 353 and 354,)
Presentation
of Resolutions
1. All resolutions shall be in writing and shall include a brief title summarizing the purpose of the resolution. (See County Law, Section 153)
2. All resolutions shall be filed with the Clerk of the Legislature.
3. Resolutions to be included on the agenda shall have the majority vote of those present (a quorum being present) of the appropriate Statutory Committee or at the direction of the Chair of the Legislature and shall be filed on or before the fourth calendar day before a regular meeting, and at least 48 hours before a Special Meeting. Resolutions not approved by the Budget and Finance Committee shall be so noted when presented to the Legislature.
4. Resolutions creating a Special Committee shall specify the powers and duties of the committee and the number of members. (See County
Law, Section 154)
5. Resolutions pertaining to bills pending before the Congress or the State Legislature shall specify the bill number and the name of the sponsor(s).
6. An amended version of a resolution on the agenda may be filed by the sponsor for consideration at any time before the Legislature convenes.
7. Any amendment to a resolution shall be in writing. Copies of the amendment shall be distributed to all members on the form provided.
8. Any resolution may be withdrawn by its sponsor any time before a final vote is taken. The same resolution with the same intent may not be withdrawn by the sponsor more than three (3) times per calendar year.
9. A sponsor shall be given an opportunity to explain a resolution, its purpose, and his/her reason for introducing the resolution prior to the opening of debate in the Legislature.
10. The same resolution with the same intent offered by the same sponsor may be introduced as a new agenda item only three (3) times per calendar year.
11. Any resolution withdrawn from the Legislative agenda shall begin the committee approval process again and shall not be re-introduced unless the committee approval process is completed.
Article
VIII
Meetings
1. All meetings of the Legislature shall be held in the Legislative Chambers, Cortland County Office Building, 60 Central Avenue, Cortland, New York.
2. All meetings of the Legislature shall be public. (See County Law, Section 152)
3. The Legislature shall, in addition to the organizational meeting, hold regular meetings at 6:00 p.m. on the fourth Thursday of each month
January through October, November and December meeting dates will be scheduled by the Legislature.
4. Special meetings shall be held in accordance with Article VI of these Rules. Only articles included in the written notice may come before the Legislature at the special meeting.
5. When the day specified for any meeting falls on a County holiday, such meeting shall be held at the time specified on the next business day.
6. If the Legislature is without a quorum for any meeting, a recessed meeting shall be declared.
7. The Legislature may, at any meeting, by resolution, change the time and place of the next regularly scheduled meeting, except that no meeting
shall be held outside the City of Cortland without an affirmative vote of three-fourths of the whole number of members of the Legislature.
(See County Law, Section 152)
1. The order of business at each meeting shall be as follows, unless modified by the Chair in accordance with Article III of these Rules.
a. Salute to the Flag
b. Roll call of members
c. Approval of minutes of the previous meeting
d. Privilege of the Floor
1. Public Participation as authorized by these rules
e. Proclamations and Recognitions
f. Presentation of petitions, communications, and notices
g. Reports of Standing, Special, and Ad Hoc Committees
h. Articles Postponed to Day Certain
i. Unfinished Business
j. Presentation of Resolutions
k. Announcements
l. Adjournment
2. The minutes of the previous meeting shall be read if the members have not received them or upon the request of any member. In the absence of corrections, the minutes shall stand approved without formal motion.
3. Articles Laid on the Table, except Articles Postponed to Day Certain, shall be considered Unfinished Business and shall be taken from the
table upon approval of a majority vote of the total vote of the members present
4. No more than one amendment to an amendment may be received on any resolution.
5. The Legislature shall set aside any other business at the time stated for consideration of a Special Order of the Day.
6. The time for consideration of a Special Order shall be advanced, postponed, or rescinded
only with the approval of a two-thirds vote of the total vote of the members present.
Motions
and Their Precedence
1. When the Legislature is considering a question, motions shall have precedence over another in the order stated below:
a. To adjourn
b. To recess
c. To lay on the table
d. Previous question
e. To postpone to day certain
f. To commit (refer to a committee)
g. To go into Committee of the Whole
h. To go into Executive Session
i. To amend
j. To postpone indefinitely
k. Main motion
2. Motions to adjourn, for the previous question, and to lay on the table are not amendable. A motion to recess may be amended only as to the length or time of the recess. A motion to postpone to day certain may be amended only as to the day to which the question is postponed.
3. Motions to adjourn, to recess, for the previous question, to lay on the table, and to table to day certain are not debatable.
4. A motion to adjourn shall not be made while the Chair is putting a question, while a member has the floor, while the Clerk is taking a roll call vote, or while the Legislature is in the Committee of the Whole.
5. A question of privilege may be raised while another member has the floor.
6. Any question shall be laid on the table or postponed to day certain only once.