Town Council - Ordinance & Rules Committee

Braintree Town Council MEMBERS David Ringius, Jr, Chairman Committee on Ordinance & Rules Steven Sciascia, Vice- Chairman One JFK Memorial Drive Julia Flaherty, Member Braintree, Massachusetts 02184 Lawrence Mackin, Jr, Member October 6, 2020 MINUTES A meeting of the Committee on Ordinance & Rules was held Remote via Zoom Webinar on Tuesday, October 6, 2020 beginning at 6:00pm. Chairman Ringius was in the Chair. Clerk of the Council, Susan Cimino conducted the roll call. All votes were conducted by Roll Call Vote. Present: David Ringius, Jr, Chairman Steven Sciascia, Vice-Chairman Julia Flaherty, Member Lawrence Mackin, Jr, Member Approval of Minutes • None Old Business • 002 20 Council President: Town Council Rules or take up any action relative thereto (Rule Fifty-Six: Adoption of Rules) A Motion was made by Councilor Sciascia to Take off the TABLE item 002 20 Motion: by Councilor Sciascia to Take off the TABLE item 002 20 Second: by Councilor Flaherty Roll Call Vote: For (4 – Flaherty, Mackin, Ringius, Sciascia), Against (0), Absent (0), Abstain (0) Councilor Ringius, Chairman of the Committee on Ordinance & Rules stated the Town Council Rules are generally updated every two years (that being the even years). These are the rules by which the Council governs itself. They are important for our meetings to run effectively and efficiently. We met a couple of times in person then COVID hit and we ultimately began meeting via zoom. We did vote this with a 4-0 vote and brought it before the full Council. We then took this up at our previous Full Council meeting. There were amendments and things other Councilors wanted to see. As we went through that meeting it seemed the best thing to do was to refer this back to Ordinance & Rules to address some of these items the other Councilors wanted to see. October 6, 2020 Committee on Ordinance & Rules 1 of 8 Chairman Ringius read through discussion points: Rule 4 leave as is Rule 30 add to title word “Public” Hearings Rule 30 back to majority instead of 2/3rds Rule Thirty: Public Hearings The time devoted to public hearings at any meeting of the Council shall not be more than three (3) hours at any one sitting. Any hearing not completed within the specified time may be continued to another meeting. Hearings which are authorized by the order of the Council shall have precedence and shall be followed by public presentations. Five (5) minutes shall be allowed each speaker to express his/her views on the matter being heard by the Council. Additional time may be granted at the discretion of the Council President or Chairperson or by a majority two-thirds vote of the Council after a motion by any Councilor. Rule 37 approved W&M to be 4 to 5 members. Rule Thirty-Seven: Standing Committees There shall be appointed standing committees of the Council as follows: WAYS AND MEANS to consist of four (4) to five (5) members… Rule 42 O&R felt this was not necessary – Year end Committee report for many committees did not seem necessary…especially if minutes included more than required. Discussion continued and changed the wording in red below. Rule Forty-Two: Committee Reports Every committee of the Council to which any subject may be referred, shall report thereon to the Council. Annually or bi-annually, at the discretion of the Chair, all committee’s shall provide a report to the Full Council summarizing the results of the committee’s meeting(s). On a bi-annual basis all committees shall provide a report to the Full Council summarizing the results of the committee’s meeting(s). Rule 49 O&R originally included final two sentences/Councilor opposed it and wants it removed…O&R member stated we crafted these for “hypothetical” Council in the future. We don’t want to make it we can’t reach out to our Town Auditor. We should monitor this for the future but take out the last two sentences for now. Rule Forty-Nine: Town Auditor At the request of the Council President, the Town Auditor shall be required, either in person or by deputy, to attend Council meetings. Any member of the Council may at any time call upon the Town Auditor for oral or written opinions of the financial conditions of the town. This request shall be in writing and approved by the Council President. If rejected by the Council President it may be voted on at the next Town Council meeting and require 2/3rds vote of the Council. October 6, 2020 Committee on Ordinance & Rules 2 of 8 Rule 53 Councilor felt this was not necessary – don’t need to be told how to “handle” self. Members felt there is a protocol to this situation and good to keep especially for new council members information. Leave as is this rule. Rule Fifty-Three: Councilor/Citizen Side-Bar If anyone other than a Town official desires to speak to a member of the Council while the Council is in session, the member, if agreeable to the request, shall leave his/her seat and retire to the rear of the Council Chamber or elsewhere until the conversation is finished. Rule 56 O&R was questioning this. Discussion was this would be updated communications, let’s say Covid updates etc. We want up to the minute information. We don’t need to ask for this in advance. The decision was to remove this from the rules. Rule Fifty-Six: Communications from Mayor A list of the communications from the Mayor with their subject matter to be submitted to the Council shall be distributed at least two (2) business days before the Council meeting to every Town Councilor. Rule 57 Councilor did not like the “families” included…O&R stated possibly a happy announcement? There is no need to have a rule for this. The decision was to remove this from the rules. Rule Fifty-Seven: Council Expression The Council President or Vice President is authorized to convey the expression of interest shown by the Council on all occasions affecting its members and their families. Rule 65 Councilor wanted $2,500 - O&R agreed on $1,000. This was brought forward again. Based on where we stand right now with Covid we do not know what the future looks like. O&R thought cutting this to $1,000 was appropriate at this time. Rule Sixty-Five: Travel/Conference Reimbursement Policy For Braintree Town Councilors Expenses – Subject to appropriation, the Town Councilors shall be entitled to reimbursement of the actual and necessary expenses incurred in the performance of their duties (including but not limited to conference and meals). This policy will be considered prior authorization by the Town Council that also allows mileage reimbursement in accordance with IRS federal tax regulations. Such reimbursement should be submitted to the President of the Braintree Town Council. This prior authorization will be limited to $1,000 per year for each Braintree Town Councilor and will not need an additional vote by the Braintree Town Council. Should a Councilor exceed this amount, they will still be able to submit a request to the full Braintree Town Council for approval. October 6, 2020 Committee on Ordinance & Rules 3 of 8 Rule 66 Rename to Rule 66: Council Expenditure Reports This was Rule A from Councilor Sciascia. This is approved by O&R Rule A: Title A running list of all expenditures of funds for the year by the Council will be published to the town website regularly and the list shall be updated within 30 days of the approval of the expenditure. Rule “B” Councilor Sciascia stated according to Solicitor Taub would violate open meeting laws so this will not work. Rule B: Title (placement of this rule after TC rule #20?) title was discussed as Public Comments At any point during discussion of an agenda item but before a motion is made calling for a vote on the item a motion may be made to open a public comment period subject to approval by a majority vote of the council. Rule 37 O&R discussed this. The discussion is amend it 5 business days instead of 48 hours and 10 business days. Rename to Rule 37: Distribution of Council Correspondence Rule C: Title Correspondence received by any Councilor that is intended for distribution to the full council shall be distributed to the full Council within 48 hours if received electronically or 10 days if received in any other form. Council member will forward to the Clerk of the Council for distribution. Rule “D” Councilor suggests - Rule D is that rules 33, 34 & 56 should be incorporated into one Discussion was to remove highlighted YELLOW and possibly just add to Rules 33/34 which seem to state similar information - too much in one rule. O&R liked separating requirements for Mayor/Depts and council members who were submitting information for agenda. O&R said this Rule D is very wordy. Councilor Sciascia said he feels this should only be items brought forward from the Mayor’s office. I do not think this states anything more than the Rules already in place. Now we have everything due on Thursday but things can be amended after the fact. Councilor Flaherty stated I think this Rule D is asking for all information ahead of time so Council members have plenty of time to review information they will be voting on. Paragraph (b) was also not favorable… O&R had further discussion. Council needs to stand strong if the documentation is not received. The rule exists in 33/34. Also late items are allowed with vote of the Council. O&R decided to not have Rule D but to keep Rules 33/34 with small revisions. October 6, 2020 Committee on Ordinance & Rules 4 of 8 Rule D - Pre-filing of Town Council Business (a) At any time between regular Town Council sessions, but no later than ten (10) five (5) days before the beginning of a regular session, measures including proposed ordinances, appropriation orders, loan authorizations, or any other measures in general, must be pre-filed with the Town Clerk and Clerk of the Council for introduction at the next Town Council session. However, no measure shall be pre-filed between final adjournment of the last regular session of a legislative term and promulgation of the returns of the Town Election for members of the Council for the next succeeding term. After promulgation of the election returns, any member-elect or the executive branch may then pre-file measures for introduction at the next regular session. (b) No measure shall be pre-filed without the complete measure including all supporting documentation being set forth in full in the filing. Summarized measures will be rejected and sent back to the original author. (c) The author of a pre-filed measure may amend the measure at any time prior to introduction to the Town Council by written request to the Town Clerk and Clerk of the Council. In such case, the Town Clerk and Clerk of the Council shall accept the amendment but will be required to once again begin the pre-filing time-line. (d) The author of a pre-filed measure may withdraw it at any time prior to introduction to the Town Council by written request to the Town Clerk and Clerk of the Council. In such case, the measure shall be reclaimed from the Council and its withdrawal with be entered on the Town Council Agenda. Rules 33/34 O&R decided to not have Rule D but to keep Rules 33/34 with small revisions. Discussion continued about Rules 33/34: Rule 33/34 - Was originally Wednesday. Council President asked it be Thursday… 33/34 could be updated to include some of Councilor O’Brien’s “D” proposal… There is already a line stating late items require 2/3rds vote… Rule Thirty-Three: Agenda Requests from Other Town Departments All items for the agenda including communications and reports from the Mayor, other Town Officers and Town Boards shall be submitted to the Town Clerk’s Office and to the Clerk of the Council no later than 10:00 AM on Thursday preceding the regular Council meeting. A copy of said reports and agenda shall be delivered to the Council no later than Friday preceding the regular Council meeting. No measures will be pre-filed without all documentation. Late items require a two-thirds vote of the members of the Town Council to be allowed at the Council meeting. Any item authorized for the agenda must be specified on the agenda, by whom it is introduced. Was originally Wednesday… Rule Thirty-Four: Agenda Requests from Council Members All items for the agenda requested by Council Members shall be submitted to the Town Clerk’s Office and to the Clerk of the Council no later than 10:00 AM on Thursday preceding the regular Council October 6, 2020 Committee on Ordinance & Rules 5 of 8 meeting. A copy of said reports and agenda shall be delivered to the Council no later than Friday preceding the regular Council meeting. Late items require a two-thirds vote of the members of the Town Council to be allowed at the Council meeting. Any item authorized for the agenda must be specified on the agenda, by whom it is introduced. If a request cannot be on the next agenda the Council President shall specify when it will be placed on the agenda and must be placed within 3 meetings unless agreement between the Councilor making the request and the Council President. Rule “35” proposed Councilor Boericke PROPOSED Rule 35 (WAITING ON additional legal Opinion on 35 (Councilor Boericke) and “B” (Councilor Sciascia) Rule “Thirty-Five”: Citizen Participation at Council Meetings Individuals requesting time to address the Council under “Citizens Concerns/Council Response” pertaining to the current agenda shall make their request no later than 10:00 AM on the Monday preceding the Council meeting. Speakers shall mutually agree in advance with Council President and/or Clerk of the Council as to presentation length. Individuals requesting time to address the Council under “Citizens Concerns/Council Response” pertaining to all other items shall make their request no later than 10:00 AM on the Thursday preceding the Council meeting. If a general Citizen request cannot be on the next agenda the Council President shall specify when it will be placed on the agenda and must be placed within 3 meetings unless agreement between the Citizen making the request and the Council President. Speakers shall mutually agree in advance with Council President and/or Clerk of the Council as to presentation length. All items including but not limited to letters, written communications, reports or other materials being submitted from individuals addressing the Council must be submitted to the Town Clerk’s Office and to the Clerk of the Council no later than 10:00 AM on Thursday preceding the regular Council meeting. The agenda will be prepared by the Clerk of the Council or his/her designee and the President. All matters to be brought before the Council shall be numbered by the Clerk of the Council or his/her designee at the time they are filed. Each item shall be numbered sequentially beginning with the first item filed in a calendar year. Councilor Sciascia stated it is frustrating that as we try to allow a full public comment period we could add to Rule 42 to allow Committee reports that we may have a public comment period before we take a vote at the full Council. The full Council could say ok lets table this item and make sure we get this on the next agenda to avoid potential open meeting law violations. This is just a recommendation. Councilor Flaherty if committees meet far enough in advance we can avoid any potential open meeting law violations. How can we have a binding recommendation. October 6, 2020 Committee on Ordinance & Rules 6 of 8 Councilor Ringius stated I am open to public comment periods. I think the public should be able to comment but we do run into open meeting laws. What is the ramification if something needs to be voted in a timely manner is my question. Rule 35 - original Original Rule 35 with some changes from O&R on 10/6/2020: Rule Thirty-Five: Citizen Participation at Council Meetings Individuals requesting time to address the Council under “Citizens Concerns/Council Response” shall make their request no later than 10:00 AM on the Thursday Wednesday preceding the Council meeting. Speakers shall mutually agree in advance with Council President and/or Clerk of the Council as to presentation length. All items including but not limited to letters, written communications, reports or other materials being submitted from individuals addressing the Council must be submitted to the Town Clerk’s Office and to the Clerk of the Council no later than 10:00 AM on Thursday Wednesday preceding the regular Council meeting. This has been moved to Rule 32: The agenda will be prepared by the Clerk of the Council or his/her designee and the President. All matters to be brought before the Council shall be numbered by the Clerk of the Council or his/her designee at the time they are filed. Each item shall be numbered sequentially beginning with the first item filed in a calendar year. Rule 8/Rule 3 Councilor Ringius went back to Rule 8 for discussion. Rule Eight: Committee Appointments The Council President shall appoint all members of all committees of the Town Council, whether special or standing. (Appointments are subject to Rule Three: Appeals from Decision of the President). Councilor Flaherty states it significantly reduces the power of the President to keep this last sentence. Either the President decides committee appointments or the President does not decide committee appointments. If you have a President that the decision is not binding it is really the Council who is nominating and it could become a circus. Councilor Flaherty is opposed to the final sentence in Rule Eight. Councilor Sciascia stated we did determine appointments are subject to appeal. This is just to clarify it. Councilor Mackin stated he agreed to leave in the appointments are subject to rule 3. October 6, 2020 Committee on Ordinance & Rules 7 of 8  Councilor Flaherty stated the language of rule 3 is for rules of order “The President shall preserve decorum and decide all questions of order…” Rule Three: Appeals from Decision of the President The President shall preserve decorum and decide all questions of order, subject to appeal to Council. Any member of the Council may appeal the decision of the President by motion. No other business shall be in order until the question of appeal is decided. In the case of an appeal from a ruling of the President, the question shall be: “Shall the decision of the President stand as the decision of the Council?” The vote upon the question of appeal from the ruling of the President shall be by roll call to be decided by a simple majority. If a member transgresses the rules of the Council, the President, or any member by addressing the President, shall call him/her to order, in which case he/she shall be seated, unless permitted to explain. A Motion was made by Councilor Sciascia approve Town Council Rules as amended Motion: by Councilor Sciascia approve Town Council Rules as amended Second: by Councilor Mackin Roll Call Vote: For (4 – Flaherty, Mackin, Ringius, Sciascia), Against (0), Absent (0), Abstain (0) NOTED: Councilor Flaherty voted to approve the Town Council Rules with the exception of Rule Eight: Committee Appointments New Business • None It was unanimously voted by Roll Call to adjourn the meeting at 7:17 p.m. Respectfully submitted, Susan M. Cimino Clerk of the Council Documents provided for Meeting • 002 20 Council President: Town Council Rules or take up any action relative thereto October 6, 2020 Committee on Ordinance & Rules 8 of 8