Codes and Ordinances Committee

City of Rochester Codes and Ordinances Committee Draft January 29, 2026 Members Present Councilor Walker, Chair Councilor Gianotti Councilor Rice Councilor Richardson Mayor Grassie Others Present Councilor Fitzpatrick Councilor Horne Andrew Kroeckel, Deputy City Attorney human, resident Members Excused/Absent Councilor Fontneau, Vice Chair CODES AND ORDINANCES COMMITTEE of the Rochester City Council Special Meeting Thursday, January 29, 2026 Council Chambers 6:00 PM Minutes 1. Call to Order Councilor Walker called the meeting to order at 6:00 PM. 2. Roll Call Austin Leavitt, Deputy City Clerk, took the roll call attendance. Councilors Walker, Gianotti, Rice, Richardson, and Mayor Grassie were present. Councilor Fontneau was excused. Councilors Fitzpatrick and Horne were also in attendance. 3. Public Input human, resident, spoke about the purpose and effectiveness of the Code of Ethics and Conduct. Mayor Grassie responded that the current proposed revisions to the policy would begin to address his concerns about enforcement, and furthermore that that the ordinance which creates the legal mechanism 1 City of Rochester Codes and Ordinances Committee Draft January 29, 2026 for enforcement would be subject to review at a future meeting of the Codes and Ordinances Committee. 4. Policy Reviews 4.1. Review: Code of Ethics and Conduct for Elected and Appointed Officials Councilor Walker presented to the Committee a revised proposal for the Code of Ethics and Conduct (see Addendum A) based on feedback from the 01/20/2026 City Council Workshop. Councilor Walker read through the proposed revisions. Andrew Kroeckel, Deputy City Attorney, suggested minor textual edits. Councilor Rice asked if the Code of Ethics and Conduct needed a section of definitions to clearly define important terms. Mayor Grassie responded that a set of definitions was not strictly necessary for this policy. Attorney Kroeckel added that clearer definitions would need to be added to the ordinance that creates the legal framework for the policy, especially as it pertains to matters of enforcement. Attorney Kroeckel inquired about the intent behind the overall changes to the Code of Ethics and Conduct. Councilor Walker suggested that the existing policy was overly restrictive on the City Council. Attorney Kroeckel suggested that making the policy less effectual could create the appearance of impropriety. Mayor Grassie asked Attorney Kroeckel to clarify which of the proposed changes he considered problematic. Attorney Kroeckel indicated Section A.16 of the policy, concerning interaction between City Councilors and city staff. Mayor Grassie brought up an alleged incident in which this section of the policy was used to threaten a Councilor for an interaction with a department head which they had perceived as innocuous. Attorney Kroeckel responded that there was only one incident in which the City had officially put the Code of Ethics and Conduct into use. Councilors Richardson and Walker alleged that the policy had been used to privately threaten Councilors multiple times. Attorney Kroeckel suggested that abuse of the policy in an attempt to threaten other officials should itself be considered a violation of the policy. 2 City of Rochester Codes and Ordinances Committee Draft January 29, 2026 Councilor Fitzpatrick suggested that the City Council had functioned acceptably without a code of ethics in the past. There was a discussion about how often the policy should be reviewed, during which it was confirmed that the City Council Rules of Order mandate a review of the policy at least once every two years at the first regular meeting of a newly-elected Council. Mayor Grassie expressed confidence that the policy would not need to be put into use with the current Council. Attorney Kroeckel again inquired why, in that case, the proposed changes to the policy were necessary. Mayor Grassie suggested that the existing policy could be weaponized against the Council by a future administration. Attorney Kroeckel reiterated that such an abuse of the policy would itself violate the policy. Mayor Grassie suggested that the existing policy could be weaponized against the Council by members of the public. Attorney Kroeckel clarified that only another city official could bring charges of an ethics violation against a Councilor. Mayor Grassie suggested that city officials might make specious or frivolous claims about ethics violations. Attorney Kroeckel responded that the review process, in which a special board reviews each charge to determine whether or not it merits moving forward with an investigation, already exists to weed out unjustified claims. Mayor Grassie expressed confidence that the proposed revisions to the policy did not create allowances for unethical behavior. Attorney Kroeckel directed the Committee’s attention to Section B.4 (c), where the proposed revisions had removed the following line: “A Board, Committee or Commission appointment should not be used as a political ‘reward’.” Councilor Walker suggested that this line was unnecessary. Mayor Grassie added that, in his experience, he had not seen appointments utilized as political rewards. Attorney Kroeckel asked if it was advisable to open the door to allow this kind of misuse of appointments, whether or not it was expected to occur. Mayor Grassie suggested it would be up to the Council to decide how to address the misuse of appointments, if it did occur. Attorney Kroeckel asked how the Council would address such a situation after the line was removed from the ethics policy, as there would be no grounds to consider this specific misuse of power as an ethics violation. Mayor Grassie suggested the line under discussion could be added back to the policy. Councilor Walker disagreed. 3 City of Rochester Codes and Ordinances Committee Draft January 29, 2026 Councilor Rice spoke about her duty to the public. Attorney Kroeckel responded that the policy is meant not just to govern the Council’s interactions with the public, but to ensure the integrity of the actions they take in private meetings and non-public interactions. Mayor Grassie returned discussion to the subject of misusing official appointments as a political reward and expressed frustration that this section of the policy could be used to question mayoral appointments. Attorney Kroeckel reiterated that the enforcement procedures of the policy exist to sort out which claims are legitimate or illegitimate. There was a discussion about the challenges of filling seats on public boards and commissions. Attorney Kroeckel suggested that there needs to exist a mechanism to address questionable appointments. Councilor Walker returned discussion to the alleged use of the policy as a tool to threaten Councilors in the past. Attorney Kroeckel reiterated that this abuse of the policy is itself considered an ethics violation and punishable under the policy. Councilor Walker suggested that allowing for charges of ethics violations to be brought forward, legitimate or not, would be a source of negative publicity for the City. Councilor Walker asked Attorney Kroeckel if there were other sections of the proposed revisions he would like to address. Attorney Kroeckel inquired about Section B.4, where Item (e) had been removed entirely. Councilor Walker answered that Item (e) was redundant with a previous section of the policy, which was still intact. Attorney Kroeckel asked about Section C, regarding sanctions for violations of the policy, and suggested that the proposal to remove Items (a) and (b) entirely could create the appearance of impropriety. There was debate about the value of ethics training for public officials. Attorney Kroeckel inquired how officials would be held accountable for acting unethically. Mayor Grassie suggested that the public might hold a Mayor or City Councilor accountable by choosing not to reelect them. Attorney Kroeckel inquired what mechanism there would be to hold an individual accountable for unethical behavior in the twenty-two months between the present time and the next election. Discussion moved away from the subject. 4 City of Rochester Codes and Ordinances Committee Draft January 29, 2026 Councilor Richardson inquired about the practical implementation of ethics training. Councilor Walker indicated that no official ethics training had ever been offered to City Councilors. A discussion ensued about who should be responsible for organizing and implementing ethics training. Councilor Richardson suggested that if ethics training had so far not been implemented, removing it as a requirement from the policy would not be a significant change. Discussion returned to the allegation that the Code of Ethics and conduct had been used primarily to threaten City Councilors. Attorney Kroeckel inquired why, if such threats occurred, they were never addressed under the policy, which specifically forbids such behavior. Councilor Rice suggested that officials who felt threatened may have been afraid to speak up on their own behalf. Councilor Walker closed discussion of the subject. Councilor Walker solicited the Committee for additional revisions. None were presented. Mayor Grassie MOVED to recommend the proposed revisions to the Code of Ethics and Conduct for approval at the February 3 Regular City Council meeting. Councilor Rice seconded the motion. The MOTION CARRIED by a unanimous voice vote. 5.2. Review: City Council Rules of Order Mayor Grassie presented to the Committee a revised proposal for the City Council Rules of Order (see Addendum B) based on feedback from the 01/20/2026 City Council Workshop. Mayor Grassie read through the proposed revisions. human, resident, suggested that Section 4.21, which mandates a review of the Code of Ethics and Conduct, should also mandate a review of the Rules of Order. Councilor Rice directed the Committee’s attention to Section 4.7.5 which, under the proposed revisions, allows for Councilors to ask “clarifying questions” of public speakers. Councilor Rice asked if this section could be further amended to allow Councilors to answer questions put to them by public 5 City of Rochester Codes and Ordinances Committee Draft January 29, 2026 speakers. Mayor Grassie considered the change, but cautioned that the Council should not engage in debate with the public. Councilor Walker added that all such interaction should still be mediated by the chair. Mayor Grassie proposed amending the section to allow “clarifying responses” from Councilors. There was a brief discussion over whether this amendment would encourage public debate. Mayor Grassie advised that the section not be further amended at this time, but it was agreed that the Rules of Order should be revisited for further revisions in the future. Councilor Walker asked about time limits for public input, particularly in light of the proposed revisions to Section 1.9, which add an additional, second period of public input to the end of every City Council Workshop. Mayor Grassie answered that the exact placement of the public input period in a meeting agenda and any time limits on public input would be determined at the discretion of a board or committee’s chair. There were brief discussions to clarify some of the additional revisions. Mayor Grassie directed the Committee’s attention to the proposed revisions to Section 4.19, which expand the role of the Community Development Committee. Councilor Walker suggested a minor textual edit. Councilor Walker solicited the Committee for additional revisions. None were presented. Mayor Grassie MOVED to recommend the proposed revisions to the Rules of Order for approval at the February 3 Regular City Council meeting. Councilor Richardson seconded the motion. The MOTION CARRIED by a unanimous voice vote. 8. Adjournment Councilor Walker advised the Committee that Chapter 7, Article XI of the city’s ordinances, which codifies the mechanisms to enforce the Code of Ethics and Conduct, would be on the agenda for review at the next meeting of the Committee. 6 City of Rochester Codes and Ordinances Committee Draft January 29, 2026 Councilor Rice MOVED to ADJOURN the Codes and Ordinances Committee meeting at 7:20 PM. Councilor Gianotti seconded the motion. The MOTION CARRIED by a unanimous voice vote. Respectfully submitted, Austin S. Leavitt Deputy City Clerk 7  Addendum A rochester new hampshire 2026 Code of Ethics and Conduct for Elected and Appointed Officials draft revisions as proposed on 01/20/2026  CODE OF ETHICS AND CONDUCT FOR ELECTED AND APPOINTED OFFICIALS OF THE CITY OF ROCHESTER, NEW HAMPSHIRE A. Ethics The citizens and businesses of the City of Rochester are entitled to have fair, ethical and accountable local government. To this end, the public should have full confidence that their elected and appointed officials: • Comply with both the letter and spirit of the laws and policies affecting the operations of government, • Are independent, impartial, and fair in their judgment and actions, • Use their public office for the public good, not for personal gain; and • Conduct public deliberations and processes openly, unless required by law to be confidential, in an atmosphere of respect and civility. Therefore, members of the City Council, all Boards, and Committees and Commissions shall conduct themselves in accordance with the following ethical standards: 1. Act in the Public Interest Recognizing that stewardship of the public interest must be their primary concern, members will work for the common good of the people of Rochester and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before them. 2. Comply with both the spirit and the letter of the Law and City Policy. Members shall comply with the laws of the nation, the State of New Hampshire, and the City of Rochester in the performance of their public duties. 3. Conduct of Members The professional and personal conduct of members while exercising their office must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of Council, Boards, Committees and Commissions, the staff or public. 4. Respect for Process Members shall perform their duties in accordance with the processes and rules of order established by the City Council. 1 5. Conduct at Public Meetings Members shall prepare themselves for public issues; listen courteously and attentively to all public discussions before the body; and focus on the business at hand. 6. Decisions Based on Merit Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. When making adjudicative decisions (those decisions where the member is called upon to determine and apply facts particular to an individual case), members shall maintain an open mind until the conclusion of the hearing on the matter and shall base their decisions on the facts presented at the hearing and on the personal knowledge of a Member on the issue presented to the rest of the City Council at said hearing. 7. Communication Council Members shall avoid posting to social media in regards to any adjudicative matters pending before the body. Outside of adjudicative matters pending before the body, members of the Council/Commission/Board/Committee are advised not to participate in discrimination or harassment, even if the identified behaviors are not targeting a protected class, consisting of unwelcome conduct, sexual or otherwise, whether verbal, physical, or visual. Harassing conduct includes, but is not limited to: slurs or negative stereotyping; bullying, threatening, intimidating or other hostile acts; degrading jokes and displays or circulation of graphic material that degrades or shows hostility; and physical touching. Members are also advised to never demean or personally attack an employee regarding the employee’s job performance in public. 8. Conflict of Interest see Rochester City Charter, Section 72 9. Gifts and Favors Members shall not engage in quid pro quo by taking any special advantage of services or opportunities for personal gain, by virtue of their public office that is not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised. 10. Confidential Information Members must maintain the confidentiality of all written materials and verbal information provided to members which is confidential or privileged. Members shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests. 2 11. Use of Public Resources Members shall not use public resources which are not available to the public in general (e.g., City staff time, equipment, supplies or facilities) for private gain or for personal purposes not otherwise authorized by law. 12. Representation of Private Interests In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any Board, Committee, Commission or proceeding of the City, nor shall members of Boards, Committees and Commissions appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies. 13. Advocacy Members shall represent the official policies or positions of the City Council, Board, Committee or Commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City of Rochester, nor will they allow the inference that they do. Councilmembers and Board, Committee and Commission members have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate to mention or display endorsements during Council meetings, or Board, Committee and Commission meetings, or other official City meetings. 14. Policy Role of Members Members shall respect and adhere to the council-manager structure of the Rochester City government. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by City staff, Boards, Committees and Commissions, and the public. Except as provided by the City Charter and Code, members shall not interfere with the administrative functions of the City or the professional duties of City staff; nor shall they impair the ability of staff to implement Council policy decisions. All members shall adhere to Article 16 “Non-interference Clause” of the City Charter. 15. Independence of Boards, Committees and Commissions Because of the value of the independent advice of Boards, Committees and Commissions to the public decision-making process, members of Council shall refrain from using their position reference section 13 of this document when speaking to said Boards, Committees or Commissions. This will prevent any inappropriate to unduly influence on the deliberations or outcomes of Board, Committee and Commission proceedings. 3 16. Positive Workplace Environment Members shall support the maintenance of a positive and constructive workplace environment for City employees and for citizens and businesses dealing with the City. Members shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to staff. B. Conduct Guidelines The Conduct Guidelines are designed to describe the manner in which elected and appointed officials should treat one another, City staff, constituents, and others they come into contact with while representing the City of Rochester. 1. Elected and Appointed Officials’ Conduct with Each Other in Public Meetings Elected and appointed officials are individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even though individuals may not agree on every issue. a) Honor the role of the chair in maintaining order It is the responsibility of the Mayor, as chair, to keep the comments of members on track during public meetings. Members should honor efforts by the chair to focus discussion on current agenda items. If there is disagreement about the agenda or the chair’s actions, those objections should be voiced politely and with reason, following procedures outlined in parliamentary procedure. b) Practice civility and decorum in discussions and debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of debate by a free democracy in action. Free debate does not require nor justify, however, public officials to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. c) Avoid personal comments that could offend other members If a member is personally offended by the remarks of another member, the offended member should make notes of the actual words used and call for a "point of personal privilege" that challenges the other member to justify or apologize for the language used. The chair will maintain control of this discussion. d) Demonstrate effective problem-solving approaches Members have a public stage and have the responsibility to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. 4 2. Elected and Appointed Officials’ Conduct with the Public in Public Meetings Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony. a) Be welcoming to speakers and treat them with care and gentleness While questions of clarification may be asked, the official’s primary role during public testimony is to listen. b) Be fair and equitable in allocating public hearing time to individual speakers The chair will determine and announce limits on speakers at the start of the public hearing process. c) Practice active listening It is disconcerting to speakers to have members not look at them when they are speaking. It is fine to look down at documents or to make notes but reading for a long period of time or gazing around the room gives the appearance of disinterest. While you cannot be required to listen to public speakers in a certain way, it is advised that all members remain conscious of their actions during such time as member of the public might be speaking. To the best of your ability, remain focused on the speaker and avoid noise and distractions. Members shall be cognizant of non-verbal body language and facial expressions that could be interpreted as disbelief, anger, or boredom. Members shall make attempts to listen actively and respectfully to City staff, members of the public and other Members whenever possible. d) Maintain an open mind Members of the public deserve an opportunity to influence the thinking of elected and appointed officials. e) Ask for clarification, but avoid debate and argument with the public Only the chair – not individual members – can interrupt a speaker during a presentation. However, a member can ask the chair for a point of order if the speaker is off the topic or exhibiting behavior or language the member finds disturbing. 3. Elected and Appointed Officials’ Conduct with City Staff Governance of a City relies on the cooperative efforts of elected officials, who set policy, appointed officials who advise the elected, and City staff who implement and administer the Council’s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions 5 made by everyone for the good of the community. The council is committed to providing an environment that is free from discrimination and harassment, even if the identified behavior is not targeting a protected class. Harassment consists of unwelcome conduct, sexual or otherwise, whether verbal, physical, or visual. Harassing conduct includes, but is not limited to slurs or negative stereotyping; bullying, threatening, intimidating or other hostile acts; degrading jokes and display or circulation of graphic material that degrades or shows hostility; and physical touching. a) Treat all staff as professionals Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable. b) Do not disrupt City staff from their jobs Elected and appointed officials should not disrupt City staff while they are in meetings, on the phone, or engrossed in performing their job functions in order to have their individual needs met. Do not attend City staff meetings unless requested by staff – even if the elected or appointed official does not say anything, his or her presence implies support, shows partiality, may intimidate staff, and hampers staff’s ability to do their job objectively. c) Never publicly criticize an individual employee Elected and appointed officials should never express concerns about the performance of a City employee in public, to the employee directly, or to the employee’s manager. Comments about staff performance should only be made to the City Manager through private correspondence or conversation. Appointed officials should make their comments regarding staff to the City Manager or the Mayor. d) Do not get involved in administrative functions Elected and appointed officials acting in their individual capacity must not attempt to influence City staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits. e) Do not solicit political support from staff Elected and appointed officials should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace. f) No Attorney-Client Relationship 6  Members shall not seek to establish an attorney-client relationship with the City Attorney, including his or her staff and attorneys contracted to work on behalf of the City. The City Attorney represents the City and not individual members. Members who consult with the City Attorney cannot enjoy or establish an attorney-client relationship with the attorney. 4. Council Conduct with Boards, Committees and Commissions The City has established several Boards, Committees and Commissions as a means of gathering more community input. Citizens who serve on Boards, Committees and Commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated with appreciation and respect. a) If attending a Board, Committee or Commission meeting, be careful to only express personal opinions Councilmembers may attend any Board, Committee or Commission meeting, which are always open to any member of the public. However, they should be sensitive to the way their participation – especially if it is on behalf of an individual, business or developer – could be viewed as unfairly affecting the process. Any public comments by a Councilmember at a Board, Committee or Commission meeting should be clearly made as individual opinion and not a representation of the feelings of the entire City Council. b) Limit contact with Board, Committee and Commission members to questions of clarification It is inappropriate for a Councilmember to contact a Board, Committee or Commission member to lobby on behalf of an individual, business, or developer, and vice versa. It is acceptable for Councilmembers to contact Board, Committee or Commission members in order to clarify a position taken by the Board, Committee or Commission. c) Respect that Boards, Committees and Commissions serve the community, not individual Councilmembers The City Council appoints individuals to serve on Boards, Committees and Commissions, and it is the responsibility of Boards, Committees and Commissions to follow policy established by the Council. But Board, Committee and Commission members do not report to individual Councilmembers, nor should Councilmembers feel they have the power or right to threaten Board, Committee and Commission members with removal if they disagree about an issue. Appointment and re-appointment to a Board, Committee or Commission should be based on such criteria as expertise, ability to work with staff and the public, and commitment to fulfilling official duties. A Board, Committee or Commission appointment should not be used as a political "reward." d) Be respectful of diverse opinions A primary role of Boards, Committees and Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and 7  perspectives. Councilmembers may have a closer working relationship with some individuals serving on Boards, Committees and Commissions, but must be fair and respectful of all citizens serving on Boards, Committees and Commissions. e) Keep political support away from public forums Board, Committee and Commission members may offer political support to a Councilmember, but not in a public forum while conducting official duties. Conversely, Councilmembers may support Board, Committee and Commission members who are running for office, but not in an official forum in their capacity as a Councilmember. C. SANCTIONS a) Acknowledgement of Code of Ethics and Conduct Councilmembers who do not sign an acknowledgement that they have read and understand the Code of Ethics and Conduct shall not be assigned intergovernmental assignments or Council subcommittees by the Mayor. Members of committees appointed by the Mayor and/or the City Council who do not sign an acknowledgement that they have read and understand the Code of Ethics and Conduct are not eligible to hold appointed positions. b) Ethics Training for Local Officials Councilmembers, , Board, Committee and Commission Members who are out of compliance with State or City mandated requirements for ethics training as determined by City Council shall not represent the City on intergovernmental assignments or Council subcommittees, and may be subject to sanctions. c) Behavior and Conduct The City of Rochester’s Code of Ethics and Conduct expresses standards of ethical conduct expected for members of the City of Rochester Council, Boards, Committees and Commissions. Members themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The chairs of Boards, Committees and Commissions and the Mayor and Council have the additional responsibility to intervene when actions of members that appear to be in violation of the Code of Ethics and Conduct are brought to their attention. d) Councilmembers Councilmembers who intentionally and repeatedly do not follow proper conduct may be reprimanded by the Mayor or formally censured by the Council, lose committee assignments (both within the City of Rochester and with intergovernmental agencies) or other privileges afforded by the Council. 8  Further, any Councilmember found in violation of this Code or any other misconduct in office may also be subject to the following sanctions imposed by the Council: 1. Required to attend and successfully complete training related to the nature of the violation. 2. Required to issue a formal, sincere apology. 3. Removed from office in accordance with Section 70 of the City Charter. Failure to comply with any sanctions imposed by the Council will be considered a violation of this Code and an act of misconduct in office. Individual Councilmembers should point out to the offending Councilmember perceived infractions of the Code of Ethics and Conduct. If the offenses continue, then the matter should be referred to the Mayor in private. If the Mayor is the individual whose actions are being questioned, then the matter should be referred to the Deputy Mayor. It is the responsibility of the Mayor (Deputy Mayor) to initiate action if a Councilmember’s behavior may warrant sanction. If no action is taken by the Mayor (or Deputy Mayor), then the alleged violation(s) can be brought up with the full Council. e) Board, Committee and Commission Members: Counseling, verbal reprimands and written warnings may be administered by the Mayor to Board, Committee and Commission members failing to comply with City policy. These lower levels of sanctions shall be kept private to the degree allowed by law. Copies of all written reprimands administered by the Mayor shall be distributed in memo format to the chair of the respective Board, Committee or Commission, the City Clerk, the City Attorney, the City Manager, and the City Council. The City Council may impose sanctions on Board, Committee and Commission members whose conduct does not comply with the City’s policies, up to and including removal from office. Any form of discipline, short of removal imposed by Council shall be determined by a majority vote of elected members of the Council at a noticed public meeting and such action shall be preceded by a Report to Council with supporting documentation. When deemed warranted, the Mayor or majority of Council may call for an investigation of Board, Committee or Commission member conduct. Also, should the City Manager or City Attorney believe an investigation is warranted, they shall confer with the Mayor or Council. The Mayor or Council shall ask the City Manager or the City Attorney to investigate the allegation and report the findings. These sanctions are in addition to any other remedy that might otherwise be available to remedy conduct that violates this code or state or federal law. In order to protect and preserve good government, any individual including the City Manager and the City Attorney after complying with the State of New Hampshire Bar Rules of Professional Conduct, who knows or reasonably believes a member acts or intends or refuses to act in a manner that is or may be a violation of law reasonably 9  imputable to the organization, or in a manner which is likely to result in substantial injury to the organization, may report the violation to the appropriate governmental authorities. D. IMPLEMENTATION The Code of Ethics and Conduct is intended to be self-enforcing and is an expression of the standards of conduct for members expected by the City. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions. For this reason, this document shall be included in the regular orientations for candidates for City Council, applicants to Board, Committee and Commissions, and newly elected and appointed officials. Members entering office shall sign the below acknowledging they have read and understand the Code of Ethics and Conduct. In addition, the Code of Ethics and Conduct shall be periodically reviewed by the City Council, Boards, Committees and Commissions, and updated it, as necessary. 10 I affirm that I have read and understand received a copy of the City of Rochester Code of Ethics and Conduct for Elected and Appointed Officials. Signature Date Printed Name Elected/Appointed Office 11  Addendum B rochester new hampshire 2026 City Council Rules of Order draft revisions as proposed on 01/20/2026 ARTICLE 1: CITY COUNCIL MEETINGS .............................................................................................................. 1 SECTION 1.1 REGULAR MEETINGS ..................................................................................................................... 1 SECTION 1.2 SPECIAL MEETINGS ...................................................................................................................... 1 SECTION 1.3 NON-PUBLIC SESSIONS ................................................................................................................ 1 SECTION 1.4 ABSENCE OR DISABILITY OF MAYOR, DEPUTY MAYOR ..................................................................... 2 SECTION 1.5 REMOTE PARTICIPATION DURING COUNCIL AND BOARD MEETINGS ............................................... 2 SECTION 1.6 ORDER OF BUSINESS .................................................................................................................... 3 SECTION 1.7 PUBLIC HEARINGS ........................................................................................................................ 4 SECTION 1.8 OPEN DOOR ................................................................................................................................. 5 SECTION 1.9 PUBLIC INPUT (INCLUDING DURING PUBLIC HEARINGS) – GUIDELINES FOR PUBLIC COMMENT ................. 5 ARTICLE 2: DUTIES AND POWERS OF PRESIDING OFFICER ...............................................................................8 SECTION 2.1 PRESIDING OFFICER - DECORUM AND ORDER ............................................................................... 8 SECTION 2.2 PRESIDING OFFICER - DECLARING VOTES...................................................................................... 8 SECTION 2.3 PRESIDING OFFICER - ROLL CALL VOTES ....................................................................................... 8 SECTION 2.4 PRESIDING OFFICER - ORDER OF QUESTIONS ................................................................................ 8 SECTION 2.5 DISPOSAL OF MOTIONS ................................................................................................................ 8 SECTION 2.6 MOTION FOR ADJOURNMENT ........................................................................................................ 8 SECTION 2.7 PRESIDING OFFICER - RECOGNIZING MEMBERS ............................................................................ 8 SECTION 2.8 COMMITTEE APPOINTMENTS ......................................................................................................... 9 SECTION 2.9 ROBERT'S RULES OF ORDER .......................................................................................................... 9 ARTICLE 3: RIGHTS AND DUTIES OF MEMBERS............................................................................................... 10 SECTION 3.1 COUNCIL MEMBER SPEAKING ..................................................................................................... 10 SECTION 3.2 COUNCIL MEMBER IN DEBATE ..................................................................................................... 10 SECTION 3.3 INTERRUPTION OF COUNCIL MEMBER ......................................................................................... 10 SECTION 3.4 COUNCIL MEMBER SPEAKING, LIMITATIONS ................................................................................ 10 SECTION 3.5 PRECEDENCE OF MOTIONS ........................................................................................................ 10 SECTION 3.6 MOTION REDUCED TO WRITING .................................................................................................. 11 SECTION 3.7 VOTING ON MOTIONS, ABSTENTIONS .......................................................................................... 11 SECTION 3.8 MAYORAL VETO - EXERCISE AND VOTE TO OVERRIDE .................................................................... 11 SECTION 3.9 DIVISION OF A QUESTION............................................................................................................ 11 SECTION 3.10 READING OF A PAPER, OBJECTIONS ........................................................................................... 12 SECTION 3.11 SUSPENSION, AMENDMENT, AND REPEAL OF RULES .................................................................. 12 SECTION 3.12 ATTENDANCE OF MEMBERS ...................................................................................................... 12 ARTICLE 4: AGENDAS, COMMUNICATIONS, COMMITTEES, REPORTS, RESOLUTIONS ....................................... 13 SECTION 4.1 AGENDA PREPARATION ............................................................................................................... 13 SECTION 4.2 MEMORIALS AND DOCUMENTS, PRESENTATION .......................................................................... 13 SECTION 4.3 REPORTS AND PAPERS, LEGIBLY WRITTEN OR TYPED .................................................................... 13 SECTION 4.4 STANDING COMMITTEES ............................................................................................................. 13 SECTION 4.5 SPECIAL COMMITTEES ................................................................................................................ 14 SECTION 4.6 REMOVAL OF A COMMITTEE MEMBER .......................................................................................... 14 SECTION 4.7 PUBLIC INPUT AT WORKSHOP OR COMMITTEE MEETINGS ............................................................ 14 SECTION 4.8 SITTING OF COMMITTEE DURING COUNCIL MEETINGS ................................................................. 15 SECTION 4.9 COMMITTEE REPORTS ................................................................................................................. 15 SECTION 4.10 COMMITTEE OF THE WHOLE, COUNCIL RULES ........................................................................... 15 i  SECTION 4.11 AUTHORIZATION OF EXPENDITURES, CITY DEBT ......................................................................... 15 SECTION 4.12 ORDINANCES AND RESOLUTIONS ............................................................................................. 16 SECTION 4.13 ELECTIONS BY BALLOT .............................................................................................................. 16 SECTION 4.14 RECORD OF VOTES AND PROCEEDINGS .................................................................................... 16 SECTION 4.15 FINANCE COMMITTEE ............................................................................................................... 17 SECTION 4.16 CODES AND ORDINANCES COMMITTEE.................................................................................... 17 SECTION 4.17 PUBLIC WORKS AND BUILDINGS COMMITTEE ............................................................................ 17 SECTION 4.18 PUBLIC SAFETY COMMITTEE ...................................................................................................... 17 SECTION 4.19 COMMUNITY DEVELOPMENT COMMITTEE .................................................................................. 18 SECTION 4.20 FUNCTIONS OF THE APPOINTMENTS REVIEW COMMITTEE .......................................................... 18 SECTION 4.21 INAUGURAL MEETING, ORDER OF EXERCISES ............................................................................ 18 SECTION 4.22 COUNCIL COMMUNICATIONS ................................................................................................... 19 SECTION 4.23 MINUTES .................................................................................................................................. 19 SECTION 4.24 CANCELLATION OR POSTPONEMENT OF MEETING(S) ................................................................. 19 APPENDIX .................................................................................................................................................... 21 ii  RULES OF ORDER OF THE CITY COUNCIL ROCHESTER, NEW HAMPSHIRE ARTICLE 1: CITY COUNCIL MEETINGS SECTION 1.1 REGULAR MEETINGS Regular meetings of the City Council shall be held in the Council Chamber in City Hall on the first Tuesday of each month, at 6:00 o'clock PM, except when a state general election or a regular municipal election is held on said first Tuesday of the month of November. The November meeting date in the year in which a regular municipal election is conducted shall be the Wednesday following said municipal election, in accordance with Section 52 of the City Charter. The November meeting date in the year in which a state general election is conducted shall be the second Tuesday of that month, unless the City Council shall otherwise direct. The inaugural meeting date following the regular municipal election shall be the first Tuesday after January 1. If any such date shall fall upon a legal holiday or upon the day on which a special state or municipal election is conducted the City Council shall vote to conduct said meeting on the day following or on the Tuesday following that holiday or Election Day. SECTION 1.2 SPECIAL MEETINGS The City Clerk shall call a special meeting of the City Council at the written request of the City Manager, the Mayor, or at the written request of a majority of City Council. Special meetings of the City Council shall be held upon written notice being delivered by the City Clerk to each City Councilor at least forty- eight (48) hours prior to said meeting, said notice stating the purpose for which the meeting is called. The Mayor shall take the chair precisely at the hour appointed for the meeting and call the members to order, and within ten minutes or sooner, if a quorum be present, shall cause the roll to be called, and the names of the members present to be recorded. The Clerk shall also record the names of the members coming in after the calling of the roll. SECTION 1.3 NON-PUBLIC SESSIONS Items being considered for action in a non-public session shall be submitted and dealt with in accordance with Council Rules of Order sections 4.1, 4.2, and 4.3. Therefore, all supporting documentation, contracts, or proposals being considered during non-public session shall be submitted to council members at least five calendar days in advance of consideration. Such documentation shall be distributed in a confidential manner. 1 SECTION 1.4 ABSENCE OR DISABILITY OF MAYOR, DEPUTY MAYOR In the absence or disability of the Mayor, the Deputy Mayor shall take the chair and preside over the meeting and shall act as Mayor during such absence or disability. In the absence or disability of both Mayor and Deputy Mayor, the Clerk shall call the Council to order and shall preside until a chairperson shall be chosen by a roll call vote and plurality of votes, who shall preside and act as Mayor during such absence or disability. SECTION 1.5 REMOTE PARTICIPATION DURING COUNCIL AND BOARD MEETINGS a) INTRODUCTION / PURPOSE The City Council strongly encourages board members to be physically present for all board and committee meetings. The Council recognizes, however, that extenuating circumstances may occasionally prevent a member from being physically present at a meeting. Therefore, to promote full participation of board members while ensuring access and transparency for the public as required by NH RSA 91-A:2 Access to Governmental Records and Meetings, the Council authorizes remote participation in board meetings subject to the following procedures and requirements. b) PERMISSIBLE REASONS FOR REMOTE PARTICIPATION Remote participation is not to be used solely for a board member’s convenience or to avoid attending a particular meeting in person. Any Board member who is unable to physically attend a meeting of the board may make arrangements to remotely participate in the meeting under the following conditions: 1. Personal illness or disability; 2. Out-of-town travel; 3. Lack of child-care; 4. Family member illness or emergency; 5. Weather conditions; 6. Military service: 7. Employment obligations; or 8. A scheduling conflict. 9. As determined by the Chair c) PROCEDURE FOR REMOTE PARTICIPATION 1. With the exception of an emergency, a member of the board requesting to participate in a meeting remotely shall notify the board chair (the “Chair”) as soon as practicable, but in no case less than 2 business days prior to the scheduled meeting. 2. The Chair will contact the board staff liaison as soon as possible and state they have allowed board member to participate remotely (state meeting date) based on criteria laid out in this document. 2  3. The staff liaison will contact the Government Channel Coordinator or designee to arrange technical logistics, based on currently available technology. 4. The staff liaison, the requesting board member, and the Government Channel Coordinator will arrange for a test prior to said meeting. While technological issues may arise that may be beyond staff control, this will ensure the best possible experience. 5. The remote participant(s) shall join the remote meeting 15 minutes prior to scheduled meeting time. 6. The Chair shall announce the remote participant’s name prior to the Call to Order and follow this suggested script: (Chair) “Board member (participant’s name) is participating in this meeting remotely.” (Chair) “(participant’s name) are you there?” (Participant) “yes I am here”. (Chair) “In accordance with RSA 91-A:2, III (a) (participant’s name) was it reasonably impractical for you to be physically present at this meeting?” (Participant) “yes, it was impractical for me to be physically present.” (Chair) “What reason shall be stated in the minutes?” (Participant announces the reason). (Chair) “I find that it is not reasonably practical for (participant) to be physically present for this meeting.” Chair, “(participant’s name), in accordance with RSA 91-A:2 III (c) can you identify all other persons physically present in your current location?” (participant names others at their location). 7. The Chair may decide how to address technical difficulties that arise when utilizing remote participation, but whenever possible, the Chair should suspend discussion 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. 8. A member participating remotely shall notify the chair if leaving the meeting before it is adjourned or rejoining the meeting after a period of absence. 9. All votes taken during such a meeting shall be by roll call. 10. Participation by remote communication will be noted in the official board minutes. Any interruption to or discontinuation of the member’s participation will also be noted in the minutes. SECTION 1.6 ORDER OF BUSINESS a) REGULAR MEETINGS The order of business for Regular meetings of the City Council shall be as follows: 3  1. Call to order 2. Pledge of Allegiance 3. Prayer 4. Roll Call 5. Approval of the minutes of the previous meeting(s) 6. Communications from the City Manager 7. Communications from the Mayor 8. Presentation of Petitions and Council Correspondence (and Disposal thereof by Reference or Otherwise) 9. Nominations, Appointments and Elections 10. Reports of Committees 11. Unfinished Business 12. Consent Calendar 13. New Business 14. Other 15. Announcements 16. Adjournment b) NEW BUSINESS Items requiring Council action may be introduced by any member of the City Council, but may not be acted upon at the meeting in which they are introduced unless the items are properly filed in accordance with Article 4, Section 4.1 herein. The Council may act upon said items if they have not been filed in advance by suspending Council Rules by a two-third (2/3) vote of the City Council. c) PUBLIC INPUT AT WORKSHOPS As set forth in Section 1.9 Public Input, Public Input shall be placed after Approval of Minutes, and before Adjournment on all City Council Workshops. SECTION 1.7 PUBLIC HEARINGS To receive citizen input and feedback on certain specific matters that have been placed on the meeting agenda for consideration and action by the City Council, Public Hearings will be scheduled and held as required by law and/or whenever referred for a public hearing by simple majority vote of Council Members present. Upon being referred by Council vote, Public Hearings will be noticed for and held during a subsequent Regular and/or Special Meeting or Committee Meeting. At the request of the presiding officer, Ordinances or Resolutions scheduled on an agenda for public hearing will be briefly introduced with appropriate explanations by staff. Citizens will then have the opportunity to address the Council speaking to the specific item(s) subject to public hearing, subject to the following guidelines: 4  1. All speakers shall be residents of the City of Rochester, property owners in the City of Rochester, and/or designated representatives of recognized civic organizations or businesses located and/or operating in the City of Rochester; 2. All speakers shall address their comments to the presiding officer and the Council as a body and not to any individual member; 3. Speakers shall first recite their name and address for the record, and, if applicable, the name and address of the civic organization and/or business they have been designated to represent; 4. For each public hearing item, a speaker shall be provided a single opportunity for comment; 5. Public Hearings are not intended to be utilized for a two-way dialogue between speaker(s), Council Member(s), and/or the City Manager, or administrative staff, except that the presiding officer may allow clarifying questions from members if they deem them appropriate. All questions shall be directed through the chair; and 6. The presiding officer shall preserve strict order and decorum for and by all speakers appearing before the Council. SECTION 1.8 OPEN DOOR Except in circumstances when the City Council is using Council Chambers for Non-Public Sessions or Non- Meeting, the door to Council Chambers shall remain open. However, if the Chair determines that noise or other distractions emanating from the rest of City Hall are interfering with the conduct of business, the Chair may order the door to be closed. If the Chair does order the door closed, the door shall be immediately affixed with a sign stating “Meeting in Session, Open to Public, Please Enter Quietly, Door to Remain Closed.” As soon as any interference with the conduct of City Council business has terminated, the door to Council Chambers shall be ordered open by the Chair. SECTION 1.9 PUBLIC INPUT (including during Public Hearings) – GUIDELINES FOR PUBLIC COMMENT The City Council hereby acknowledges and affirms the value of and need for public input as it conducts the City’s business. Public input and comment periods during City Council and subcommittee meetings is an essential part of local government meetings. This is an opportunity for members of the public to inform the City Council of their views and offer unique insights regarding topics within the City Council’s purview. However, it must be clear that these are business meetings of the City Council. The public does not participate in the decision-making process. The public’s role is to provide input for the City Council’s consideration in making its decisions. 5 At every Council Workshop the agenda shall provide a time for public input at the beginning and end of the agenda. Depending on the agenda, the Chair may set when in the agenda Public Input will be allowed and may also set reasonable time limits for speakers. The receipt of constructive input must be balanced with the City Council’s need to conduct its business in an orderly and fair manner. The meeting Chair must have discretion to curtail and even cut off public input which he/ she reasonably perceives to be irrelevant to the City Council’s particular purposes or public input that constitutes defamation 1, fighting words2, or a criminal threat 3. Determining relevancy, although sometimes challenging, is fairly clear. Determining what constitutes appropriate criticism of elected and appointed officials versus unprotected speech is more challenging. Although the Chair has the primary responsibility to enforce the rules, all members of the City Council and subcommittees have a responsibility to raise a Point of Order when appropriate. When that happens, the Chair determines whether the rules have been violated and whether a speaker is allowed to continue. Any two Councilors can challenge the Chair’s decision. In that event, by majority vote, the Council/ committee will decide whether the speaker is allowed to continue. Citizens have a right to complain about elected officials as well as appointed officials, including City employees. These complaints are protected speech per the First Amendment to the U.S. Constitution. However, the City Council will not allow defamation, fighting words, or criminal threats. These types of utterances are not protected by the First Amendment. Comments identifying a specific action or a specific issue of concern are appropriate. However, accusations of wrongdoing or illegal acts without evidence are defamatory and will be not allowed. Example of protected speech: The City Manager was wrong to eliminate parking in downtown Gonic. He failed to consider the needs of the residents who live there in the downtown that need the parking in close proximity. He incorrectly determined that the parking obstructed the view of northbound motorists Example of an unprotected utterance: The City Manager was wrong to eliminate parking in downtown Gonic. He did this because he took a bribe from the landowner adjacent to the parking. 1 Defamatory statements are those that a speaker (a) knows to be false and defames the object of the statements; (b) makes with a reckless disregard for whether the statements are true or false; or (c) negligently fails to ascertain whether the statements are true. McCarthy v. Manchester Police Dept, 168 N.H. 202, 210 (2015). 2 “[F]ace-to-face words plainly likely to cause a breach of the peace by the” recipient. State v. Oliveira, 115 N.H. 559, 561 (1975). 3 RSA 631:4; State v. Hanes, 171 N.H. 173, 179 (2018). 6 Citizens who wish to submit a criticism regarding elected and/ or appointed officials are encouraged to do so in writing or to meet with appropriate officials in a non-public setting to convey their input. However, if a citizen wishes to make a public criticism, the City Council recognizes the right to do so if it is conveyed in a manner that is legitimate speech. 7  ARTICLE 2: DUTIES AND POWERS OF PRESIDING OFFICER SECTION 2.1 PRESIDING OFFICER - DECORUM AND ORDER The presiding officer shall preserve decorum and order, may speak to points of order in preference to the members, and shall decide all questions of order, subject to an appeal to the Council on motion of any member. No other business shall be in order until the questions on the appeal shall have been decided. SECTION 2.2 PRESIDING OFFICER - DECLARING VOTES The presiding officer shall declare all votes, but if any member doubts the vote, the presiding officer, without further debate upon the question, shall require a division and shall declare the results. SECTION 2.3 PRESIDING OFFICER - ROLL CALL VOTES When any member shall require a question to be put in the roll call vote, the presiding officer shall so order, if the request is seconded. SECTION 2.4 PRESIDING OFFICER - ORDER OF QUESTIONS The presiding officer shall propound all questions in the order in which they are moved, unless the subsequent motion shall be previous in its nature. SECTION 2.5 DISPOSAL OF MOTIONS After a motion is made and seconded, it shall be considered, and, after it is stated by the presiding officer, it shall be disposed of by vote of the City Council, unless the mover withdraws it before a decision or amendment and the second agrees to withdrawal of the motion. SECTION 2.6 MOTION FOR ADJOURNMENT The presiding officer shall consider a motion to adjourn as always in order, the time of the next meeting having been agreed upon, unless a member has possession of the floor, or any question has been put and not decided. The motion to adjourn, or to lay on the table, or to take from the table, if seconded, shall be decided without debate. SECTION 2.7 PRESIDING OFFICER - RECOGNIZING MEMBERS When two or more members ask to be recognized at the same time, the presiding officer shall name the member who shall speak first. 8 SECTION 2.8 COMMITTEE APPOINTMENTS All Council committees shall be appointed and announced by the presiding officer, who shall designate the chairperson and vice-chairperson thereof. The Mayor shall be Chair of the Finance Committee and an Ex-Officio voting member of all other committees of the Council. SECTION 2.9 ROBERT'S RULES OF ORDER When no other provision is herein made, questions of parliamentary law shall be decided as prescribed in the most recent edition of Robert's Rules of Order. 9  ARTICLE 3: RIGHTS AND DUTIES OF MEMBERS SECTION 3.1 COUNCIL MEMBER SPEAKING When any member is about to speak in debate, or deliver any matter to the Council, the member shall use a raised hand to be recognized, shall remain seated, respectfully address the presiding officer, shall be confined to the question under debate, and shall avoid personalities. The presiding officer shall attempt to allow a particular stream of discussion to be completed prior to allowing a member to change the direction of the debate at hand. SECTION 3.2 COUNCIL MEMBER IN DEBATE Members in debate shall address each other as Councilor or may use a description by the ward represented, or such other designation as may be intelligible and respectful. SECTION 3.3 INTERRUPTION OF COUNCIL MEMBER No member speaking shall be interrupted by another, except to call to order or to correct a mistake. But if any member, in speaking or otherwise, transgresses the Rules of the Council, the member so called to order shall immediately cease speaking unless permitted to explain, and the Chair shall decide the question of order. The City Council, if appealed to, shall decide the question with limited debate. SECTION 3.4 COUNCIL MEMBER SPEAKING, LIMITATIONS Upon a motion and a two-thirds (2/3) vote by the council to limit debate, the Chair shall limit discussions on any motion before the council. After such vote and if no time limit is set as part of the motion, no member shall speak more than twice on the same question, or more than five minutes at one time, nor more than once, until all other members choosing to speak shall have spoken. SECTION 3.5 PRECEDENCE OF MOTIONS The following motions shall have precedence in the order in which they are arranged: 1. TO ADJOURN: A privileged motion to be voted on at once if seconded; not debatable. 2. TO LAY ON THE TABLE/TO TAKE FROM THE TABLE: Requires a second, not debatable. 3. TO CALL FOR THE PREVIOUS QUESTION/TO MOVE THE QUESTION (TO CLOSE DEBATE): Requires a second, not debatable. 10  4. TO POSTPONE TO A TIME CERTAIN: Requires a second, debatable. 5. TO REFER: Requires a second; debatable. 6. TO AMEND: Requires a second; debatable. 7. TO POSTPONE INDEFINITELY: Requires a second: debatable. 8. MAIN MOTION: Requires a second; debatable. SECTION 3.6 MOTION REDUCED TO WRITING Every motion shall be reduced to writing, if the presiding officer directs, or if a member of the Council requests it. SECTION 3.7 VOTING ON MOTIONS, ABSTENTIONS Every member who shall be in the Council Chamber when a question is put shall vote, except that no member may vote on any question in which the member has a direct interest to a degree that may significantly impair the independent and impartial exercise of that member's judgment as a Councilor. If a member takes this rule for purposes of not voting, the member shall inform the City Council before a vote be taken on the motion under consideration. SECTION 3.8 MAYORAL VETO - EXERCISE AND VOTE TO OVERRIDE To be effective, the right of veto accorded to the Mayor under the provisions of Section 10-A of the Rochester City Charter, must be exercised, and notice of such exercise must be communicated in writing to the City Clerk, within one hundred forty-four (144) hours after action by the Council. As soon as practicable after receipt of the Mayor's written notice of exercise of the veto power, and in no event later than seventy-two (72) hours after receipt of such notice, the City Clerk shall inform the Council in writing of the Mayor's exercise of such veto. The Council may override said veto by a two-thirds (2/3) vote of all Councilors (Mayor excluded) serving in office, as provided for in Section 10A of the Rochester City Charter, no later than the close of the next Regular meeting of Council. SECTION 3.9 DIVISION OF A QUESTION The division of a question may be called for when the sense will admit it. 11 SECTION 3.10 READING OF A PAPER, OBJECTIONS When the reading of a paper is called for, and the same is objected to by any Member, it shall be determined by a vote of the Council. SECTION 3.11 SUSPENSION, AMENDMENT, AND REPEAL OF RULES No standing Rule of Order of the Council shall be suspended unless two-thirds (2/3) of the members present shall consent thereto. Nor shall any Rule of Order be repealed or amended without a motion therefore, made at a previous meeting, nor unless a majority of the whole City Council concur therein. The Rules of Order of the City Council shall be reaffirmed by the new Council following each municipal election. The Rules of the former Council shall not be binding. SECTION 3.12 ATTENDANCE OF MEMBERS Every member shall take notice of the day and hour to which the Council may stand adjourned, and shall give his punctual attendance accordingly. 12 ARTICLE 4: AGENDAS, COMMUNICATIONS, COMMITTEES, REPORTS, RESOLUTIONS SECTION 4.1 AGENDA PREPARATION The agenda for each Council meeting shall be prepared by the Mayor, the Deputy Mayor and the City Manager in conjunction with the City Clerk. Any Councilor may place an item on the agenda provided that the items be submitted in writing or email to the City Clerk, the Mayor, the Deputy Mayor or the City Manager eleven (11) calendar days prior to the meeting of Council. The City Clerk shall provide Council members with copies of the agenda at least five (5) calendar days prior to the meeting of the Council. SECTION 4.2 MEMORIALS AND DOCUMENTS, PRESENTATION All memorials and other documents addressed to the City Council shall be presented by the presiding officer or by a member in the presiding officer's place, who shall explain the subject thereof; and they shall lie on the table to be taken up in order in which they are presented, unless the Council shall otherwise direct. SECTION 4.3 REPORTS AND PAPERS, LEGIBLY WRITTEN OR TYPED All reports and other papers submitted to the City Council shall be written in fair hand or typewritten. The Clerk shall make copies on any papers to be reported by the committees, at the request of the chairs thereof. At the request of any councilor a digital copy may be provided in place of printed page. SECTION 4.4 STANDING COMMITTEES At the commencement of the new year following the regular municipal election, the following committees shall be appointed by the Mayor: 1. Finance: Shall consist of seven (7) members including the Mayor who shall serve as chair. 2. Public Works and Buildings: Shall consist of five (5) members. 3. Public Safety: Shall consist of five (5) members. 4. Codes and Ordinances: Shall consist of five (5) members. 13  5. Community Development: Shall consist of five (5) members. 6. Appointments Review Committee: Shall consist of five (5) members. (a) No Council Member shall serve on more than three (3) standing committees, excluding the Finance Committee. (b) All vacancies occurring in any standing committee shall be filled by the Mayor. (c) The Mayor shall may appoint alternate members to the standing committees. Alternates are not required to attend regularly scheduled meetings, but may be called upon by a Chairperson to attend a meeting in order to form a quorum in the absence of appointed members. In a case where the Mayor has not appointed alternate members, a committee chair may call upon any other member of the Council to serve in place of the absent member. SECTION 4.5 SPECIAL COMMITTEES Special committees shall consist of three (3) members unless a different number be ordered by the Mayor. SECTION 4.6 REMOVAL OF A COMMITTEE MEMBER A member of any committee may be removed by a two-thirds (2/3) vote of the entire Council. SECTION 4.7 PUBLIC INPUT AT WORKSHOP OR COMMITTEE MEETINGS The chair shall call the committee together and no committee shall act by separate consultations, and no report shall be received from any committee unless agreed to in committee actually assembled, and voted upon by a majority of the members thereof. Public input on any subject appropriate to be brought before the Council shall be allowed at the beginning of every committee meeting or council workshop and shall be placed as the first item of business on the agenda of said meeting. When possible, the chair shall allow for reasonable input from the public during the meeting, to allow citizens to comment on any item appearing on the agenda, except for any items discussed in any non-public session. The chair may limit any public input to insure that the committee is able to complete its work and to provide for the decorum of the meeting. 1. Speakers shall be residents of the City of Rochester, property owners in the City of Rochester, and/or designated representatives of recognized civic organizations or businesses located and/or operating in the City of Rochester; 14  2. Speakers shall address their comments to the presiding officer and the Council as a body and not to any individual member; 3. Speakers shall first recite their name and address for the record, and, if applicable, the name and address of the civic organization and/or business the have been designated to represent; 4. Each speaker shall be provided a single opportunity for comment, limited to five (5) minutes with the five (5) minutes beginning after the obligatory statement of named and address by the speaker; 5. Public Input shall not be a two-way dialogue between speaker(s), Council Member(s), and/or the City Manager, or administrative staff, except that the presiding officer may allow clarifying questions from members when deemed appropriate. All questions shall be directed through the chair; with the exception of Committee meetings when discussion and interaction may be allowed by the Chair at any time; and 6. The presiding officer shall preserve strict order and decorum for and by all speakers appearing before the Council. SECTION 4.8 SITTING OF COMMITTEE DURING COUNCIL MEETINGS No committee shall sit during the meetings of the City Council without special leave. SECTION 4.9 COMMITTEE REPORTS It shall be the duty of every committee of the Council to which any subject may be specially referred to report thereon at the next meeting of the City Council, or to ask for further time. SECTION 4.10 COMMITTEE OF THE WHOLE, COUNCIL RULES The rules of proceedings in Council shall be observed in a committee of the whole so far as they may be applicable, excepting the rules limiting the time speaking. SECTION 4.11 AUTHORIZATION OF EXPENDITURES, CITY DEBT After the annual appropriations shall have been passed, no subsequent expenditure shall be authorized for any object, unless provisions for the same shall be made by a specific transfer from some of the annual appropriations or money in the treasury unappropriated or by expressly creating therefore a City debt; and no City debt shall be created except by a majority vote of the Council in the affirmative. 15 SECTION 4.12 ORDINANCES AND RESOLUTIONS Every Resolution, including those which propose to change the Ordinance, shall be placed on the City Council Agenda in accordance with Section 4.1. Any Resolution shall receive a First Reading during the first meeting in which it appears on the Agenda. Following the First Reading, the Council shall take one of the following actions: 1. Vote to disapprove the Resolution. 2. Refer to a Public Hearing if required by law. 3. Refer to an appropriate standing committee, or to the City Council sitting as a Committee of the Whole, for further review. Any Resolution proposing a change to the Ordinance, which did not originate in the Codes and Ordinances Committee, must be referred to said committee prior to a vote of approval. Resolutions referred to Public Hearing per action #2 may also be referred to committee. 4. If actions #2 and #3 do not apply to the Resolution, the Council may proceed to a vote of approval. For a Resolution which is not subject to action #1 or #4, it shall receive a Second Reading at the next meeting during which it appears on the City Council Agenda. Following the Second Reading, for any Resolution referred to a standing committee, the chairperson of said committee shall deliver a report detailing the review of the Resolution. After the committee report is delivered, the City Council shall entertain any motions to amend. Following disposition of the motions to amend, the City Council shall vote on final approval or disapproval of the Resolution. All Resolutions shall be read by title only for the First and Second Reading. Any Councilor desiring a Resolution to be read in its entirety shall Motion as such and said Motion shall require a second. In order to be successful, said Motion must receive a two-thirds (2/3) vote of approval from the entire City Council. SECTION 4.13 ELECTIONS BY BALLOT In all elections on the part of the City Council, the members of the City Council shall vote publicly by roll call. To be elected any person seeking election must receive a majority of the votes of those members present and voting. Single candidates upon nominations ceasing will be elected by City Council voice vote that the City Clerk cast one ballot for that candidate. SECTION 4.14 RECORD OF VOTES AND PROCEEDINGS The Clerk shall keep a record of the votes and proceedings of the City Council, entering thereon all orders and resolutions, except such as it is necessary to engross; reports, memorials, and other papers 16 submitted to the Council shall be noted only by their titles or a brief description of their purpose, but any accepted reports may be entered at length on said record. SECTION 4.15 FINANCE COMMITTEE The Finance Committee shall evaluate and propose policies and actions involving Purchasing, Trust Funds, Supplemental Appropriations, Utility Rates, Operating Budget, Capital Budget, Issues and Options Budget, Taxes, City Reports, Insurance, Audits, Claims, Accounts, Bids, Review of Expenditures, Receipts, Welfare and Grants. The Finance Committee shall present a monthly report of the City accounts to the Council. SECTION 4.16 CODES AND ORDINANCES COMMITTEE The Codes and Ordinances Committee shall evaluate and propose policies and actions involving the City Charter, Rules of Order, Ordinances, and Council By-Laws; providing oversight of Code Enforcement activities; and other matters as directed by the City Council. The Codes and Ordinances Committee shall present routine reports to the City Council. SECTION 4.17 PUBLIC WORKS AND BUILDINGS COMMITTEE The Public Works and Buildings Committee shall evaluate, maintain and propose polices and actions involving Highways and Sidewalks, Bridges, Public Spaces and Parks, Public Buildings, Sewer Systems, Water Systems, Stormwater Systems, Recycling and Solid Waste, Water Resources, and Environmental Regulatory Compliance. The Public Works and Buildings Committee shall present routine reports to the City Council. SECTION 4.18 PUBLIC SAFETY COMMITTEE The Public Safety Committee shall evaluate and propose policies and actions involving Traffic, Parking, Street Signs, Street Lights, Animal Control, Public Health Services, Ambulance Services and any other potential Public Safety issues. The Committee shall also be an avenue for residents to bring any Public Safety issues relating to the Police Department, Fire Department and Emergency Medical Services (EMS) activities within the City. The Public Safety Committee shall present routine reports to the City Council. 17 SECTION 4.19 COMMUNITY DEVELOPMENT COMMITTEE Community Development Committee shall engage with human services and non-profit agencies, consult with the City Welfare Department about resources and needs of Rochester residents, and make recommendations to City Council on requests for Municipal and/or Community Development Block Grant (CDBG) Funds; work with the Community Development Division; Consult with the City Welfare Department about resources and the needs of Rochester residents. The Committee shall review the city’s Master Plan and may interact with other community groups, municipal commissions and departments that work to promote community and development activities within Rochester. The committee may also work with City Staff and other groups to increase the dissemination of community information through social and other media. The Community Development Committee shall present routine reports to the City Council. SECTION 4.20 FUNCTIONS OF THE APPOINTMENTS REVIEW COMMITTEE Functions shall include: Interviewing of candidates for Council appointed positions on various boards of the City, including but not exclusive of Planning Board, Zoning Board of Adjustment, Trustees of the Trust Fund, Library Trustees, Recreation and Arena Commission, Recreation, Parks and Youth Services, Welfare Appeals Board, Utility Advisory Board. Incumbents of any Committee who have submitted Statements of Interest for reappointment and are running unopposed: the Appointments Committee reserves the right to waive the presence of the candidate. SECTION 4.21 INAUGURAL MEETING, ORDER OF EXERCISES The order of exercises at the meeting held on the first Tuesday after January 1, or Wednesday, January 2, following the regular municipal election shall be as follows, unless adjusted by an agenda-setting meeting of the City Manager and Mayor-Elect prior to the meeting: 1. Call to Order 2. Pledge of Allegiance 3. Prayer 4. Roll Call of Councilors-Elect and Mayor-Elect 5. Mayor-Elect takes Oath of Office 6. Councilors-Elect take Oath of Office 7. Roll Call of School Board Members-Elect 8. School Board Members-Elect take Oath of Office 9. Roll Call of Police Commissioners-Elect 10. Police Commissioners-Elect takes Oath of Office 11. Roll Call of Election Officials-Elect 18  12. Election Officials-Elect take Oath of Office 13. Election of Deputy Mayor 14. Inaugural Address 15. Recess to Time Certain Reconvene the Inaugural Meeting / Regular City Council Meeting (to be scheduled the Tuesday that follows the Inaugural Meeting) 16. Committee of the Whole: Review of Code of Ethics and Conduct 17. Reconvened Old and/or New Business The Reconvened Inaugural Meeting / Regular City Council Meeting agenda shall include a review of the Code of Ethics and Conduct for Elected and Appointed Officials. SECTION 4.22 COUNCIL COMMUNICATIONS (a) No member shall cause to be mailed, electronically transferred, delivered, or left at City Hall any documents or correspondence for any other member or the City Manager which does not clearly identify the name of the member sending such information and, if possible, the source of such information. (b) No anonymous correspondence shall be placed in any member's Council mailbox. All mail, electronic media or other correspondence shall clearly identify the sender, source and date it was received. SECTION 4.23 MINUTES All meetings of the City Council including all standing and special committees of the Council shall take roll call at all committee meetings and record their proceedings and provide minutes of any meeting to the City Clerk's Office in a manner prescribed under NH RSA 91-A (NH Right To Know Law). SECTION 4.24 CANCELLATION OR POSTPONEMENT OF MEETING(S) (a) The Mayor, Deputy Mayor, and City Manager shall confer and determine if insufficient business or other non-urgent matter warrants postponement or cancellation of a scheduled Council meeting. (b) The Mayor, Deputy Mayor, and City Manager shall confer and determine if inclement weather or other emergency warrants postponement or cancellation of a scheduled Council meeting. (c) All such decisions regarding postponement or cancellation shall be made no later than 3:00 PM on the date of the scheduled meeting. (d) The City Clerk will notify Council members by both email and telephone upon determination of a meeting cancellation or postponement. 19 (e) The City Clerk shall ensure that notification of any such cancellation or postponement shall immediately post on the City’s website and Face book page. 20  APPENDIX REVISED AND ADOPTED BY CITY COUNCIL FEBRUARY 6, 1990 [1] AMENDED AND REAFFIRMED BY CITY COUNCIL JANUARY 14, 1992 [2] REAFFIRMED BY CITY COUNCIL JANUARY 11, 1994 [3] AMENDED BY CITY COUNCIL MARCH 1, 1994 [4] AMENDED AND REAFFIRMED BY CITY COUNCIL JANUARY 9, 1996 [5] AMENDED AND ADOPTED BY CITY COUNCIL FEBRUARY 3, 1998 [6] AMENDED AND ADOPTED BY CITY COUNCIL FEBRUARY 5, 2002 [7] AMENDED AND ADOPTED BY CITY COUNCIL MARCH 5, 2002 [8] AMENDED AND ADOPTED BY CITY COUNCIL FEBRUARY 3, 2004 [9] AMENDED AND ADOPTED BY CITY COUNCIL JANUARY 10, 2006 [10] AMENDED AND ADOPTED BY CITY COUNCIL JANUARY 15, 2008 [11] AMENDED AND ADOPTED BY CITY COUNCIL FEBRUARY 2, 2010 [12] AMENDED AND ADOPTED BY CITY COUNCIL FEBRUARY 7, 2012 (1.4) (3.1) (3.5) and (4.1) [13] AMENDED AND ADOPTED BY CITY COUNCIL JUNE 4, 2013 (1.3) (1.5) and (4.7) [14] AMENDED AND ADOPTED BY CITY COUNCIL MARCH 4, 2014 (4.21) and (4.14) [15] AMENDED AND ADOPTED BY CITY COUNCIL MARCH 1, 2016 (1.4) (3.8) (4.1) and (4.7) [16] AMENDED AND ADOPTED BY CITY COUNCIL MARCH 6, 2018 (1.4 12&13), (4.25) [17] AMENDED AND ADOPTED BY CITY COUNCIL OCTOBER 2, 2018 (Added 1.4, which moved the order of 1.5 & 1.6) [18] AMENDED AND ADOPTED BY CITY COUNCIL APRIL 7, 2020 (Amended 1.1 7pm to 6:30pm) (Replaced Section 4.12) [19] AMENDED AND ADOPTED BY CITY COUNCIL MARCH 1, 2022 (Amended 1.1 6:30pm to 6:00pm) [20] (Added new section 1.3) (Amended (1.5)(4.1)( 4.12)( 4.13) (4.19) [21] AMENDED AND ADOPTED BY CITY COUNCIL MAY 3, 2022 (4.13) [22] AMENDED AND ADOPTED BY CITY COUNCIL JUNE 7, 2022 (1.8) [23] AMENDED AND ADOPTED BY CITY COUNCIL APRIL 4, 2023 (1.9) & (4.21) [24] AMENDED AND ADOPTED BY CITY COUNCIL MAY 2, 2023 (1.6) & (4.21) [25] AMENDED AND ADOPTED BY CITY COUNCIL APRIL 2, 2024 (1.5 (b) (3) and (c) (6) ), (4.4 New (C) ) [26] AMENDED AND ADOPTED BY CITY COUNCIL SEPTEMBER 3, 2024 Sections 4.15, 4.16, and 4.17 [27] AMENDED AND ADOPTED BY CITY COUNCIL DECEMBER 3, 2024 Sections 4.18 and 4.19 [28] 21