TR-2011-55 RULES ■ - - - ■
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TR-2011-55
A RESOLUTION AMENDING THE RULES AND REGULATIONS OF THE
AGAWAM CITY COUNCIL
Sponsored by the City Council
WHEREAS, the Rules and Regulations of the Agawam City Council have not
been updated since April 21, 2009; and
WHEREAS, the Town Charter Section 2-7(c) states that "The Town Council
shall from time to time establish rules for its proceedings."; and
WHEREAS, it is in the best interests of the Citizens of Agawam that the
Agawam City Council Rules and Regulations be updated to conform to contemporary
legislative policies and practices; and
WHEREAS,the proposed Rules and Regulations are attached to this Resolution.
NOW, THEREFORE, BE IT RESOLVED THAT THE AGAWAM CITY
COUNCIL hereby amends its Rules and Regulations as attached.
Ob
D& this. of 2011.
LA.J
C=
PIR ORDER OF THE AGAWAM CITY COUNCIL
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clj%�_- IL C-
DoAd M. Rheault, President (!?C--
kPPROVED S TO FORM AND LEGALITY
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Ainccni R ia, City Solicitor
MAYORAL ACTION
Received this day of Df
�i m ber, 2011 from Council Clerk.
Signed by Council President this 4-� day oaff 2011.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agav#jn C er, as
rk'
am ended, ereby approve the passage of the above legislation on this day of
—1-4 P 1 ' 2011.
Richard A. Cohen, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby veto the passage of the above legislation on this day of
, 2011 for the following reason(s):
Richard A. Cohen, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this day of
AGAWAM CITY COUNCIL
R ULES AND
REG ULA TIONS
Rcvised 10/28/11
INDEX
Rule # Page #
Index 2
1 Authority 3
2 Regular Meetings 3
3 Special Meetings 3
4 Election & Duties of the Presiding Officer 4
5 Call to Order 5
6 Rules of Order 5
7 Agenda Review 5
8 Quorum 5
9 Conunittee Appointments 5
10 Standing Sub-Committees 6
11 Decorum 6
12 Enforcement of Decorum 6
13 Rights & Duties of Council Members 7
14 Policies related to City Council Personnel 7
15 Riling Deadline 7
16 Form of Reports 8
17 Order of Business 8
18 Roll Call, Order of Vote 8
19 Citizen's Speak Time 8
20 Minutes 9
21 Presentation of Petitions, Memorials & Remonstrances 10
22 Referral to Sub-Committees 10
23 Elections 11
24 Public Hearings 11
25 Old Business 12
26 New Business 12
27 Ordinances 12
28 Motions Out of Order 12
29 Any item that may legally come before the City Council 13
30 Votes Required 13
31 Request for Legal Opinions 13
32 Budget Review 13
33 Inquiries & Investigations 14
34 Suspending & Amending of these Rules 15
Schedule A (voting schedule) 16
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TOWNOFAGAWAM
CITY COUNCIL RULES OF ORGANIZATION AND PROCEDURE
Rule I —Authority
(a) Pursuant to Section 2-7(c) of the Charter in the Code of the Town of Agawam, the
City Council may determine its own rules of procedure for meetings. The following set of rules
shall be in effect upon their adoppon by the City Council and until such time as they are
amended or new rules are adopted.
Rule 2 —Regular Meetings
(a) All regular meetings of the City Council shall be held on the first and third
Mondays of the month except for the months of July and August where it shall be held only on
the first Monday of those months. If the regularly scheduled City Council meeting falls on a
holiday, the Council shall meet on the following day. in October and November, the City
Council shall have their meeting the day immedialely following any local, state or federal
Election Day.
(b) The regular City Council-meetings shall commence at 7:00pm and not adjourn
until such time as the business of the Town of Agawam is completed.
(c) The regular City Council meetings shall be held in the Auditorium of the Roberta
G. Doering School located at 68 Main Street, Agawam, Massachusetts unless otherwise noted
and properly posted.
(d) Except for Executive Sessions as permitted by state law, all regular meetings of
the City Council and its committees shall be open to the public, subject to recording by various
means by prior arrangement with the Council President, provided that such arrangements do not
interfere with the orderly conduct of the meetings and are done under such rules as the Council
may prescribe.
Rule 3 —SIRecial Meetings
(a) As stated in the Charter, the Council President, or the Mayor, or any five (5)
members of the Council may call Special Meetings of the Council whenever, in their opinion, the
public business may require it.
(b) Whenever a Speci'al Meeting shall be called, a notice in writing, signed by the
Council President or Presiding Officer shall be posted in the City Clerk's office and served upon
each member of the Council either in person or by notice left at their place of residence, stating
the date and hour of ihe meeting and the purpose for which such meeting is called and no
business shall be transacted at the meeting except such as is stated in the notice.
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(c) No Special Meeting, except an emergency meeting as determined by the Council
President, shall be held until notice complying with the Open Meeting Law has been given by
the Council Administrative Assistant at least forty-eight (48) hours after the call is issued.
(d) Executive Sessions shall be held in accordance with the provisions of the Open
Meeting Law.
Rule 4—Election and Duties of the Presidine Office
(a) After a new City Council has been sworn in, a new Council President and Vice
President shall be elected during the first meeting in January of the new year. The President and
Vice President shall serve at the Council's pleasure and unless otherwise indicated.
(b) The first meeting in January after a new Council has been sworn in shall be
known as a Reorganizational Meeting where the only business conducted shall be the election of
Presiding Officers. The position of President and Vice President shall be listed individually on
the Council Agenda and require a majority vote of the Full Council for passage.
(c) The oldest member of the City Council sits to the left of the President. The oldest
member shall also chair this first meeting prior to the election of the officers. After election of
officers, the Vice President shall sit to the right of the newly-elected Council President and the
eldest member shall sit to his/her left.
(d) The seats of the City Council shall be numbered and determined by lot at this
Reorganizational Meeting. No member shall change his/her seat except by permission of the
President.
(e) The duties of the Presiding Officers where applicable shall be in accordance with
Roberts' Rules of Order.
(f) During the absence or disability of the President, the Vice President shall
discharge the duties and exercise the powers and authority of the President. In the absence of
both the President and Vice President, the most senior member in age on the Council shall
preside. Said council member shall discharge the duties and exercise the powers and authority of
the President.
(g) In the event the President or Vice-President of the City Council resigns or is
called upon to act as Mayor in a permanent fashion, the City Council will hold elections to
determine a new President and/or Vice-President.
(h) The President shall preserve order and decorum at all regular and special meetings
of the City Council and confine members in debates pertaining to the question under discussion.
(i) The President shall sign all ordinances, resolutions and measures adopted by the
Council during histher presence. In the event of the absence of the President, the Presiding
Officer shall sign ordinances, resolutions and measures as then adopted.
6) When the President wishes to participate in a debate, he/she may call the Vice
President or in his/her absence, the most senior member to temporarily chair the meeting in order
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to take part in the debate. After expressing his/her opinion on the issue, he/she may return to the
chair if not objected to by the majority of the Council present.
(k) All Rules and Regulations of the City Council shall be given to every newly-
elected City Councilor within two (2) weeks from the date of his/her election.
(1) The President shall be classified as the Department Head of the Legislative
Branch and is responsible for any and all administrative decisions and actions with respect to the
City Council and its personnel.
Rule 5—Call to Order
(a) The Presiding Officer shall take the chair at the hour appointed for the meeting
and shall immediately call the Council to order.
(b) In the absence of the President and the Vice President, the oldest councilor is to
preside as temporary Chair and upon the arrival of the President or Vice President; the temporary
Chair shall immediately relinquish the position of the Presiding Officer upon the conclusion of
the business immediately before the Council.
Rule 6 —Rules of Order
The City Council Rules and Regulations shall govern the proceedings of the Council in all cases,
unless they are in conflict with the Town Charter or other Massachusetts General Laws in which
case the Charter and/or Mass. General Law shall apply.
Rule 7—Agenda Review
Prior to any Regular or Special City Council meeting, the Mayor may conduct an Agenda review
meeting to review the Council Agenda with the Council President and/or Council Vice-
President. No more than three (3) other City Council members may also attend said Agenda
Review meeting on an alternative rotating basis. Attendance at any one Agenda Review meeting
shall not exceed five (5) City Council members, including the Council President and Council
Vice-President.
Rule 8—Ouorum
A majority of the members of the City Council shall constitute a quorum and be necessary for
the transaction of business. If, at the time any meeting is called to order, a quorum is not present
and if, after a recess of not more than thirty (30) minutes, a quorum is still not present, the
President shall declare the meeting adjourned to a later time and those in attendance shall be
named.
Rule 9. Committee Appointments
After the Reorganizational Meeting, all Sub-Committees shall be appointed and announced by
the President unless otherwise provided for or specifically directed by the City Council. Any
member shall have the right to appear before any Sub-Committee of the City Council and be
heard. The Chairperson of any Sub-Committee may cancel a scheduled meeting for cause,
otherwise, the senior member by length of service shall preside at the scheduled Sub-Committee
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meeting. The Chairperson shall assign the task of secretary to a Sub-Committee member to take
minutes at any such Sub-Committee meeting.
Rule 10— Standing Sub-Committees
The standing Sub-Committees of the City Council shall serve yearly and address themselves to
the issues under their respective jurisdiction. The Council President or' Presiding Officer shall
refer Agenda items to the appropr-iate Sub-Committee for review (see Rule 22). The Sub-
Committee shall provide verbal reports and written minutes of such matters it has reviewed.
These minutes shall be submitted to the Council Administrative Assistant in a timely manner
(see Rule 20(b)).
A call of standing Sub-Committees shall be executed by the Council President at the first
meeting in April, August and December, at which time the Sub-Committee chairperson shall
review and present a brief report of the goals, objectives and actions of their respective Sub-
Committees and report to any continuing work. A call of the City Auditor shall also be executed
by the Council President at the first meeting in April, August and December, at which time the
City Auditor shall review and present a brief report of the goals, objectives and action of hisfher
Accounting Department and report to any continuing work.
• Committee on Rules & Regulations
• Committee on Ordinances
• Committee on Utilities & Street Acceptance
• Committee on Licenses
• Con-unittee on Finance
• Committee on Public Safety
• Committee on Zoning Review
• Committee on Industrial Relations
• Any and all Ad Hoc Sub-Committees
Rule 11 —D ecoru m
(a) VvNle the Council is in session, the members must preserve order and decorum,
and a member shall, neither by conversation or otherwise, delay or interrupt the proceedings or
the peace of the Council or disturb any member while speaking or refuse to obey the orders of
the Council or its Presiding Officer, except as otherwise herein provided.
(b) Any person making personal, impertinent, or slanderous remarks or who shall
become boisterous while addressing the Council shall be asked to remove themselves from
Council Chambers, forthwith, by the Presiding Officer.
RuIc 12 —Enforcement of Decorum
(a) At the will of the Presiding Officer, the Chief of Police, or such member or
members of the Police Department as he may designate, shall be Sergeant-at-Arms of the City
Council meetings. He/she or they shall carry out all orders and instructions given by the
Presiding Officer for the purpose of maintaining order and decorum at the City Council meeting.
(b) Upon instructions of the Presiding Officer, it shall be the duty of the Scrgeant-at-
Arms to remove any person(s) who violates the order and decorum of the meeting.
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Rule 13 - Riehts and Duties of Council Members
The members' right to speak shall be in accordance with Roberts' Rules of Order. Any Council
member shall have the right to have the reasons for his/her dissent from, or protest against, any
action of the Council entered into the minutes.
In the event the President wishes to speak on the subject matter of an issue or article of
legislation before the Full Council, the President shall turn such Council meeting over to the
Council Vice President while the President is so addressing the Council. The President shall
resume the chair after his/her presentation.
Rule'14—Policies related to Ci!y Council Personnel
(a) The City Auditor and Council Administrative Assistant
• The City Auditor is a non-union position but is classified as a Department Head
level position.
• The Administrative Assistant to the City Council is also a non-union position and
is classified as an Administrative/Clerical position as per contract between the
City of Agawam and the affiliated union.
• The City Auditor and the Administrative Assistant to the City Council shall have
their performances evaluated annually by the City Council.
• The City Council, per Town Code, shall elect or re-elect the City Auditor and
Administrative Assistant to the City Council on the non-election years. This will
allow the Full Council to have one year's worth of experience to adequately
evaluate said employee's performance in accordance herewith. These elections
shall be during the first regularly-scheduled meeting in January after the first full
year of a new City Council.
(b) The Zoning Board of Appeals and the Community Preservation Act Committee
are also under the jurisdiction of the City Council.
Rule 15—Filing Deadline
No new item may be included on a Regular City Council Agenda unless said item is submitted to
the Administrative Assistant to the City Council in writing by Thursday, 12:00 noon, prior to a
regularly scheduled meeting of the City Council. At the time of submission of any item of
business for the Council Agenda, the person or persons proposing the measure shall submit
supporting information or documentation sufficient to specify the nature of the business to be
considered by the City Council. In the event a City Councilor is unable to submit a proposed
item personally, he or she can authorize the Administrative Assistant to the City Council to
submit the item by telephone message or email. The Administrative Assistant to the City
Council shall compile an Agenda of all such proposed Orders, Ordinances and other New
Business along with the Agenda of the Old Business remaining before the City Council and shall
see that a copy of the completed Agenda is delivered to the place of residence of each member of
the City Council. The Administrative Assistant to the City Council shall include the name of the
member or members proposing an item of Agenda. Any Orders, Resolutions and Ordinances
shall be sponsored only by the Mayor or by a member of the City Council
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Rule 16 —Form of Rel2orts
All reports and other papers submitted to the City Council shall be in writing, properly endorsed,
and all the appropriate supplemental information attached thereto. Eighteen (18) copies shall be
included with the original for distribution to the Full Council, the Mayor, the Solicitor as well as
the press. If such reports, documents or papers submitted shall be solely for the City Council,
they should be clearly labeled "Council Only" and submitted with eleven copies along with the
original.
Rule 17 —Order of Business
At every regular City Council Meeting, unless otherwise determined by a majority of the
members present, the order of business shall be as follows:
• Item I Roll Cali
• Item 2 Moment of Silence and the Pledge bf Allegiance
• Item 3 Citizen's Speak Time
• Item 4 Approval of Minutes
• Item 5 Declaration from Council President
• Item 6 Presentation of Petitions, Memorials and Remonstrances
• Item 7 Reports of Council Committees
• Item 8 Elections
• Item 9 Public Hearings
• Item 10 Old Business
• Item I I New Business
• Item 12 Any other matter that may legally come before the City Council
No person shall address a public meeting of the City Council without permission of the Presiding
Officer or having signed up for.Citizen's Speak Time prior to the meeting and all persons shall,
at the request of the Presiding Officer, be silent. If, after warning from the Presiding Officer, a
person persists in disorderly or disruptive behavior, said officer may order hinvber to withdraw
from the meeting, and, if he/she does not withdraw, may order a police officer or any other
person to remove him/her to some convenient place until the meeting is adjourned.
Rule 18—Roll Call, Order of Vote
The order of voting shall be by Roll Call in alphabetical order. The first to vote shall be
determined by alphabetical order rotation at the beginning of each Regular or Special Meeting.
This order shall start from the beginning alphabetical order at the first meeting in January. If a
councilor is not present during the City Council meeting at which his/her position is the first to
vote, then said councilor shall forego his/her opportunity to vote in the first position. The next
meeting's voting order will begin with the next councilor following the alphabetical order.
Rule 19—Citizen's Speak Time
The Agawam City Council shall provide a Citizen's Speak Time during each Regular City
Council Meeting. Citizen's Speak Time is subject to the following conditions:
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• After being recognized by the Council President or Presiding Officer, the person shall
state his/her name, address and subject he/she wishes to speak on for the record.
• Speak time shall be only at the regular meetings of the City Council.
• Each speaker shall have up to five (5) minutes, if needed, to present the subject of his or
her concern, unless otherwise permitted by the Council President and/or a majority of the
council members present.
• The time shall be kept by the Council Administrative Assistant with a warning of one
minute remaining.
• No speaker will be allowed to bequeath time to another or for another speaker.
• Prior to the meeting each speaker must show his or her desire to speak by giving name,
address and the subject to be presented on a sign up sheet which is provided for this and
is placed upon the podium where the person shall speak. At two minutes prior to the
beginning of the Council meeting, the Council Administrative Assistant shall bring this
list to the President or Presiding Officer. Once the meeting has commenced, no person
shall be able to speak during Citizen's Speak Time unless his/her name is on the sign up
sheet.
• There shall be no dialogue exchanged between the citizen and any City Council member.
This is for citizen input only.
• The City Council President or Presiding Officer of the meeting shall maintain order and
decorum.
• Any person making personal, impertinent, or slanderous remarks or who shall become
boisterous while addressing the Council shall be asked to remove themselves from
Council Chambers, forthwith, by the Presiding Officer.
Rule 20—Minutes
(a) Minutes of all regular City Council meetings shall be recorded by both video and
audio means and transcribed verbatim by the City Council Administrative Assistant. These
minutes shall be distributed to the City Council to be approved at the next regularly-scheduled
Council meeting. After approval, said minutes shall be posted on the Town of Agawam website
as well as posted in the Office of the City Clerk in compliance with Massachusetts General Laws
governing public meetings, as well as in the Agawam Public Library.
(b) Minutes of all special meetings and Sub-Committee meetings shall be recorded
and maintained in written form. The Sub-Committee Chair person shall designate a recording
secretary from its committee members. The minutes shall be recorded and submitted to the City
Council Administrative Assistant in a timely manner prior to the next regular ly-scheduled City
Council meeting. The minutes shall reflect:
(1) The date, time and place of the meeting;
(2) The members recorded as either present or absent;
(3) A general description of all matters proposed, discussed or decided; and
(4) A record of any votes or recommendations taken(See Rule 22).
(c) Minutes of all executive session meetings shall not be available to the public until
such time as the City Council determines that it is no longer necessary to protect the public
interest or the privacy of the matter on which it met or such matter has been released by the
Courts.
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(d) Copies of all minutes shall be kept in the Office of the City Council and any
video/audio recordings shall also remain in the Council Office for public review.
A copy of the video may be requested in writing and there shall be a fee for costs associated with
the copying of said video assessed to the person(s) requesting it.
Rule 21 —Presentation of Petitions,Mcinorials and Remonstrances
(a) Remonstrance is defined as (1) an expression of protest, complaint, or reproof,
especially a formal statement of grievances; (2) an act of expressing earnest opposition or
protest; and (3) earnest presentation of reasons for opposition or grievance i.e. a document
formally stating such points.
(b) Resolutions, petitions, etc. or subjects requiring action by the Council under this
Agenda item must be introduced and sponsored by a member of the Council or the Mayor.
(c) All Resolutions shall be presented to the Council in typed written form. Prior to
consideration of these documents by the Council said documents shall be reviewed as to form
and legality by the City Solicitor.
(d) All Resolutions shall first appear under New Business and at the next regularly
scheduled meeting of the City Council shall be moved to Old Business upon which a discussion
will be had and action of the City Council shall be taken.
Rule 22—Referral to Sub-Committees
(a) When an Order, Resolution or Ordinance relates to a subject which should
properly be examined and reported upon by a standing Sub-Committee of the City Council, such
Order, Resolution or Ordinance shall upon presentation be referred by the Council President to
such committee and must be reported back by the committee. All petitions, remonstrances,
memorials, communications or any other matter before the City Council may be referred as
follows:
• To a standing Sub-Committee of the City Council
• To a special committee of the City Council
• To the Mayor
• To Boards or Commissions
(b) Any matter may be referred to an Ad Hoc Committee, advisory committee or
Board for advice sought by the City Council.
(c) Should a matter be referred to more than one Sub-Committee, it is recommended
that those committees have one or more joint meetings of the Chairpersons or the Full
Committee to assure the information brought before the �ull Council is unified or any
discrepancies between Sub-Committees clearly noted, all following the guidelines of the Open
Meeting Laws. I
(d) After referral, it is the discretion of the Sub-Committee Chairperson to determine
if a meeting of the Sub-Committee is necessary. If a Sub-Committee meeting is held, the Sub-
Committee may take a vote for a recommendation to the Full Council on each item on the
Agenda.
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(c) The Chairperson of the Sub-Committee is responsible for notifying the City
Council Administrative Assistant to book the Sub-Committee meeting and specify any
Department Heads and/or other persons of interest to be invited to the meeting.
Rule 23—Elections
The City Council appoints vacancies on the Zoning Board of Appeals as well as the Community
Preservation Act Committee. When a vacancy arises or a term expires, the Council
Administrative Assistant is responsible to contact in writing the person(s) and get a letter of
intent on whether he/she wishes to be re-appointed to that position. If a person wishes to resign
from the position, notification must be submitted in writing to the City Council Office.
Vacancies shall be advertised in the local newspaper. An election shall take place in a timely
fashion with the item(s) being placed on the Council Agenda for a vote of the Council.
Rule 24—Public Hearings
A Legal Notice of Public Hearing must be advertised in a local newspaper no less than fourteen
(14) days prior to the suggested date of the public hearing (as stated in Article 5-2 (a) in the
Town Charter) and if necessary, abutters shall also be notified via certified mail with a Legal
Notice of Public Hearing. Proponents and opponents shall be allowed time for the presentation
of their respective cases to the City Council during all public hearings before the City Council.
All Public Hearings will be subject to the following conditions:
• Each speaker has ten minutes total, if needed, to present the subject of his or her concern,
both for and against the subject matter on hand.
• Time limits may only be extended by a majority vote of Council members present at the
meeting.
• Questions by members of the City Council shall be allowed only after the speaker's
allotted time has expired or after said speaker has terminated his/her presentation.
• No speaker will be allowed to bequeath time to another or for another speaker.
• Any person shall have the right to be recorded for or against the subject being heard.
• After close of all hearings, no further evidence, oral or written, may be presented.
• The City Council President or Presiding Officer of a hearing shall preserve order and
decorum.
• Any person shall be allowed to address the City Council only once on any given subject
or topic being heard unless the City Council has a question of that person and he/she
may be asked to return to the podium.
No person shall address a public meeting of the City Council without permission of the Presiding
Officer or having signed up for Citizen's Speak Time prior to the meeting and all persons shall,
at the request of the Presiding Officer, be silent. If, after warning from the Presiding Officer, a
person persists in disorderly or disruptive behavior, said officer may order him/her to withdraw
from the meeting, and, if he/she does not withdraw, may order a police officer or any other
person to remove him/her to some convenient place until the meeting is adjourned.
Rule 25—Old Business
Old Business first appears as New Business and then is moved to Old Business. Any
Resolutions or Petitions will appear under Item 6 of the Council Agenda "Presentations of
Petitions, Memorials and Remonstrances". Any Public Hearing items will appear under Item 9
"Public Hearing" and any Ordinances or Town Orders (such as financial transfers) shall appear
under Item 10 "Old Business". All items can be acted on in one meeting except Ordinances
which shall require two (2) readings, therefore requiring the item to appear at least twice under
Old Business.
Rule 26—New Business
New Business is classified as any Resolution, Ordinance, Petition, Public Hearing Notice, Town
Order, etc. which must be submitted to the City Council Office by 12:00pm on the Thursday
prior to a regularly-scheduled City Council meeting. Any letters or written explanation
providing back-up to the Agenda item must be included. These must also have an originally
signed copy by the Mayor, Auditor or City Solicitor, depending on the type of item.
If the item appears as New Business suggesting a Public Hearing date, the Presiding Officer will
declare the suggested date to ensure availability of the Council.
Rule 27 —Ordinances
(a) All Ordinances shall require two (2) separate readings by the Council after first
appearing under New Business and the second shall never be had on the same day as the first.
(b) Ordinances shall require a minimum of eight (8) votes of the City Council for
passage.
(c) All Ordinances shall first be reviewing by the City Solicitor as to form and
legality and be clearly expressed in its title as to what the subject of the Ordinance is.
(d) All Ordinances shall be referred to the City Council Ordinance Sub-Committee
and the Sub-Committee shall report said Ordinance to the City Council at the subsequent
meeting. The Ordinance shall stand for final action in accordance with the report of the
committee.
(e) When passed by the City Council, an Ordinance shall be signed by the Presiding
Officer and then submitted to the Mayor, after which said Ordinance shall be filed and preserved
in the office of the City Clerk.
Rule 28 —Motions Out of Order
The Presiding Officer may at any time, by a majority vote of the members elected, permit a
member to move an Ordinance, Resolution or Motion out of regular order.
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Rule 29—Any item that may Iggally come before the City Council
The Presiding Officer shall go in whatever order he/she so chooses and provides each councilor
the opportunity to speak upon any such matter that was not included in the Agenda. This item
should pertain only to matters concerning the City Council such as setting meetings, supplying
information conceming the City Council and the like.
Rule 30—Votes Required
(a) The votes shall be taken upon the passage of all Ordinance, Resolutions,
Appropriations, Transfers and Town Orders by Roll Call and entered upon the official record of
the Council.
(b) When the City Council is in doubt as to the number of votes required to pass a
measure or if the measure contains a tax or fee to be assessed to the residents of the City of
Agawam, the Council President, as the Parliamentarian, has the right to detennine the number of
votes required to pass the measure.
(c) All matters incurring debts shall comply with Massachusetts General Law,
Chapter 44, Section 2. 1
Please see the attached Schedule A (voting schedule)
Rule 31 —Request for Leeal Oninions
Any member of the City Council may request, in writing, written legal opinions relating to town
business and involving matters within the authority of the City Council and for purposes of
inquiry request an opinion or advice on town legal matters from the City Solicitor.
Rule 32—Buftet Review
Five (5) Budget Sub-Committees as listed below will be named by the Council President to
review the annual Operating Budget and Capital Improvement Budget.
COMMITTEE NAME ITEMS REVIEVVED
School Budget Committee School Budget
(Five council members)
Operating Budget Committee#1 City Council
(Three council members) Mayor
IT/Data Processing
Accountant/Auditor
Clerk
Treasurer/Collector
Assessor
Law Department
Elections & Registrations
Council on Aging
Board of Appeals
Line Items
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Operating Budget Committee #2 Fire
(Three council members) Police
Weights & Measures
Building Inspector
Community Development
Veterans' Services
Health Department
Agawam Country Club
Operating Budget Committee #3 DPW Administration
(Three council members) Highway& Grounds Maintenance
Engineering
Motor Vehicle Maintenance
Parks &Recreation
Library
Building Maintenance
Water Department
Waste Water Department
Capital Improvement Budget Committee Capital Improvement Budget
(Five council members)
The School Budget Sub-Committee shall issue a report to the Full Council within thirty (30)
days of the completion of the budget hearing and copies of the proposed budget will be
submitted to all Council members. After submission of the annual Operating Budget by the
Mayor to the Council, a workshop shall be conducted in order to review with the School
Department staff in attendance.
In the event that the Commonwealth of Massachusetts delays the issuance of Cherry Sheets and
this delay prohibits the Mayor from presenting the Operating Budget to the Council with enough
time to follow the above-described budget review process before the Council's approval deadline
(in accordance with Massachusetts General Laws), this rule shall become subject to the
discretion of the Council President, who then shall, as he/she sees fit, schedule a workshop with
the Mayor to review the Operating Budget in as many meetings as it takes for the Council to
fully gather the information it deems necessary to grant final approval of the Operating Budget.
Rule 33 —Inquiries and Investigations
The City Council shall with an affirmative majority vote of the Full Council conduct an inquiry,
hearing or investigation of any department, department head, and/or employees and City
officials.
The procedure to be taken by the City Council shall be as follows:
The City Solicitor and Prosecutor shall be excluded as legal counsel from all hearings an'd
Executive Sessions held by the City Council for purposed of investigation of any City
official or department.
14
• If requested by the City Council, an attorney whose services shall be employed for
purposed of inquiry or investigation, and shall be subject to approval by the majority of
the Full Council.
• Funds shall be used from the account entitled the City Council "Professional Consultant
Services" to pay for services rendered by the attorney employed by the City Council for
said inquiry or investigation.
• All subpoenas and letter of notices to witnesses and/or subjects of discussion shall be
included in the duties of the legal counsel employed by the City Council. It is understood
that the witnesses may waive the subpoena and voluntarily come forward.
• All written notices requiring forty-eight (48) hours notice prior to any hearings shall be
hand-delivered to persons by the Police Department as authorized by the Administrative
Assistant to the City Council.
• The City Council may, by an affirmative vote of the majority of the Full Council,
establish a three (3) person committee appointed by the Council President to hear
testimony, collect evidence and present facts to the Full Council in Executive Session.
• The meetings of the City Council and/or Sub-Committee, unless otherwise requested by
the individual or department involved, may be held in Executive Session. They shall also
be conducted in accordance with the Open Meeting Law, Massachusetts General Laws
Chapter 30A, §I I A 1/2.
• The proceedings of the meetings shall be recorded and transcribed verbatim and provided
to the Full Council along with a copy of the Sub-Committee findings.
• The Sub-Committee will report its findings and recommendations to the Full Council.
• The Full Council will make the final determination and shall take any action they deem
necessary.
Rule 34—Suspension and Amendment of these Rules
(a) Any provision of these rules not governed by the Town Charter may be
temporarily suspended by a vote of a majority of the City Council. The vote on any such
suspension shall be taken by roll call and entered upon the record.
(b) These rules may be amended, or new rules adopted, by a majority vote of all
members of the City Council, provided that the proposed amendments or new rules shall have
been introduced into the record as required herein.
15
SCHEDULE A
Salary Ordinance 2/3 Majority Vote of the City Counci I or 8 votes
(MGL Chapter 44, §33A)
Transfer from One Department to 2/3 Majority Vote of the City Council or 8 votes
Another Department (MGL Chapter 44, §33B)
Transfer from Reserve Fund Majority of the Full Council or 6 votes
(MGL Chapter 44, §5A)
Transfer within a Department Majority of the Full Council or 6 votes
(MGL Chapter 44, §33B)
Transfer from Stabilization Fund 2/3 Vote of those Present and Voting
Supplementary Budget Majority of the Ful I Council or 6 votes
(MGL Chapter 44, §32)
Any Appropriation Majority of the Full Counci I or 6 votes
(MGL Chapter 44, §32)
Receipt of a Monetary Gift Majority of the Ful I Counci I or 6 votes
(MGL Chapter 44, §32)
Creation of a New Position Reorganization Majority Vote of those Present and Voting
Confirmation of Appointments Majority Vote of those Present and Voting
Emergency Preamble 2/3 Vote of those Present and Voting
Elections Majority of Those Entitled to Vote
Citizen's Petition Majority Vote of those Present and Voting
Resolutions(TR) Majority Vote of those Present and Voting
Orders (TO) Majority Vote of those Present and Voting
Ordinances (TOR) 2/3 Majority Vote of the Full Council or 8 votes
(MGL Chapter 40A, §5)
Zone Changes 2/3 Majority Vote of the Full Council or 8 votes
(MGL Chapter 40A, §5)
Zoning Ordinances 2/3 Majority Vote of the Ful I Council or 8 votes
(MGL Chapter 40A, §5)
Incurring a Bond Debt 2/3 Majority Vote of the Full Couricil or 8 votes
(MGL Chapter 44, §2)
(rev 10/12/11)
16
TR-2011-55
A RESOLUTION AMENDING THE RULES AND REGULATIONS OF THE
AGAWAM CITY COUNCIL
Sponsored by the City Council
WHERE,AS, the Rules and Regulations of the Agawam City Council have not
been updated since April 21,2009; and
WHEREAS, the Town Charter Section 2-7(c) states that "The Town Council
shall from time to time establish rules for its proceedings."; and
WHEREAS, it is in the best interests of the Citizens of Agawam that the
Agawam City Council Rules and Regulations be updated to confonn to contemporary
legislative policies and practices; and.
WHEREAS, the proposed Rules and Regulations are attached to this Resolution.
NOW, THEREFORE, BE IT RESOLVED THAT THE AGAWAM CITY
C6UNCIL hereby amends its Rules and Regulations as attached.
Dated this day of ) 2011.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault, President
kPPROVED S TO FORM AND LEGALITY
- �s %.
N/inceni F. i scia, City Solicitor
AGAWAM CITY COUNCIL
�A .n
RULES -AND
REG ULA TIONS
Revised 10/28/11
INDEX
Rule# Page
Index 2
1 Authority 3
2 Regular Meetings 3
3 Special Meetings 3
4 Election & Duties of the Presiding Officer 4
5 Call to Order 5
6 Rules of Order 5
7 Agenda Review 5
8 Quorum 5
9 Committee Appointments 5
10 Standing Sub-Committees 6
11 Decorum 6
12 Enforcement of Decorum 6
13 Rights & Duties of Council Members 7
14 Policies related to City Council Personnel 7
15 Riling Deadline 7
16 Form of Reports 8
17 Order of Business 8
18 Roll Call, Order of Vote 8
19 Citizen's Speak Time 8
20 Minutes 9
21 Presentation of Petitions, Memorials & Remonstrances to
22 Referral to Sub-Committees 10
23 Elections 11
24 Public Hearings 11
25 Old Business 12
26 New Business 12
27 Ordinances 12
28 Motions Out of Order 12
29 Any item that may legally come before the City Council 13
30 Votes Required 13
31 Request for Legal Opinions 13
32 Budget Review 13
33 Inquiries & Tnvestigations .14
34 Suspending & Amending of these Rules 15
Schedule A (voting schedule) 16
2
TOWNOFAGAWAM
CITY COUNCIL RULES OF ORGANIZATION AND PROCEDURE
Rule I —Authori!y
(a) Pursuant to Section 2-7(c) of the Charter in the Code of the Town of Agawam, the
City Council may determine its own rules of procedure for meetings. The following set of rules
shall be in effect upon their adoption by the City Council and until such time as they are
amended or new rules are adopted.
Rule 2—Regular Meetings
(a) All regular meetings of the City Council shall be held on the first and third
Mondays of the month except for the months of July and August where it shall be held only on
the first Monday of those months. If the regularly scheduled City Council meeting falls on a
holiday, the Council shall meet on the following day, In October and November, the City
Council shall have their meeting the day immediately following any local, state or federal
Election Day.
(b) The regular City Council meetings shall commence at 7:00pm and not adjourn
until such time as the business of the Town of Agawam is completed.
(c) The regular City Council meetings shall be held in the Auditorium of the Roberta
'G. Doering School located at 68 Main Street, Agawam, Massachusetts unless otherwise noted
and properly posted.
(d) Except for Executive Sessions as permitted by state law, all regular meetings of
the City Council and its committees shall be open to the public, subject to recording by various
means by prior arrangement with the Council President, provided that such arrangements do not
interfere with the orderly conduct of the meetings and are done under such rules as the Council
may prescribe.
Rule 3—Special Meetings
(a) As stated in the Charter, the Council President or any three (3) members of the
Council may call Special Meetings of the Council whenever, in their opinion, the public business
may require it.
(b) Whenever a Special Meeting shall be called, a notice in writing, signed by the
Council President or Presiding Officer shall be posted in the City Clerk's office and served upon
each member of the Council either in person or by notice left at their place of residence, stating
the date and hour of the meeting and the purpose for which such meeting is called and no
business shall be transacted at the meeting except such as is stated in the notice.
3
(c) No Special Meeting, except an emergency meeting as determined by the Council
President, shall be held until notice complying with the Open Meeting Law has been given by
the Council Administrative Assistant at least forty-eight(48) hours after the call is issued.
(d) Executive Sessions shall be held in accordance with the provisions of the Open
Meeting Law.
Rule 4—Election and Duties of the Presiding Office
(a) After a new City Council has been sworn in, a new Council President and Vice
President shall be elected during the first meeting in January of the new year. The President and
Vice President shall serve at the Council's pleasure and unless otherwise indicated.
(b) The first meeting in January after a new Council has been sworn in shall be
known as a Reorganizational Meeting where the only business conducted shall be the election of
Presiding Officers. The position of President and Vice President shall be listed individually on
the Council Agenda and require a majority vote of the Full Council for passage.
(c) The oldest member of the City Council sits to the leR of the President. The oldest
member shall also chair this first meeting prior to the election of the officers. After election of
officers, the Vice President shall sit to the right of the newly-elected Council President and the
eldest member shall sit to his/her left.
(d) The seats of the City Council shall be numbered and determined by lot at this
Reorganizational Meeting. No member shall change his/her seat except by permission of the
President.
(e) The duties of the Presiding Officers where applicable shall be in accordance with
Roberts' Rules of Order.
(f) During the absence or disability of the President, the Vice President shall
discharge the duties and exercise the powers and authority of the President. In the absence of
both the President and Vice President, the most senior member in age on the Council shall
preside. Said council member shall discharge the duties and exercise the powers and authority of
the President.
(g) In the event the President or Vice-President of the City Council resigns or is
called upon to act as Mayor in a permanent fashion, the City Council will hold elections to
determine a new President and/or Vice-President.
(h) The President shall preserve order and decorum at all regular and special meetings
of the City Council and confine members in debates pertaining to the question under discussion.
(i) The President shall sign all ordinances, resolutions and measures adopted by the
Council during his/her presence. In the event of the absence of the President, the Presiding
Officer shall sign ordinances, resolutions and measures as then adopted.
0) When the President wishes to participate in a debate, he/she may call the Vice
President or in his/her absence, the most senior member to temporarily chair the meeting in order
4
to take part in the debate. After expressing his/her opinion on the issue, he/she may return to the
chair if not objected to by the majority of the Council present.
(k) All Rules and Regulations of the City Council shall be given to every newly-
elected City Councilor within two (2) weeks from the date of his/her election. .
(1) The President shall be classified as the Department Head of the Legislative
Branch and is responsible for any and all administrative decisions and actions with respect to the
City Council and its personnel.
Rule 5—Call to Order:.
(a) The Presiding Officer shall take the chair at the hour appointed for the meeting
and shall immediately call the Council to order.
(b) In the absence of the President and the Vice President, the oldest councilor is to
preside as temporary Chair and upon the arrival of the President or Vice President; the temporary
Chair'shall immediately relinquish the position of the Presiding Officer upon the conclusion of
the business immediately before the Council.
Rule 6—Rules of Order
The City Council Rules and Regulations shall govern the proceedings of the Council in all cases,
unless they are in conflict with the Town Charter or other Massachusetts General Laws in which
case the Charter and/or Mass. General Law shall apply.
Rule 7—Agenda Review
Prior to any Regular or Special City Council meeting, the Mayor may conduct an Agenda review
meeting to review the Council Agenda with the Council President and/or Council Vice-
President. No more than three (3) other City Council members may also attend said Agenda
Review meeting on an alternative rotating basis. Attendance at any one Agenda Review meeting
shall not exceed five (5) City Council members, including the Council President and Council
Vice-President.
Rule 8—Ouorum
A majority of the members of the City Council shall constitute a quorum and be necessary for
the transaction of business. If, at the time any meeting is called to order, a quorum is not present
and if, after a recess of not more than thirty (30) minutes, a quorum is still not present, the
President shall declare the meeting adjourned to a later time and those in attendance shall be
named.
Rule 9. Committee Appointments
After the Reorganizational Meeting, all Sub-Committees shall be appointed and announced by
the President unless otherwise provided for or specifically directed by the City Council. Any
member shall have the right to appear before any Sub-Committee of the City Council and be
heard. The Chairperson of any Sub-Conunittee'may cancel a scheduled meeting for cause;
otherwise, the senior member by length of service shall preside at the scheduled Sub-Committee
5
meeting. The Chairperson shall assign the task of secretary to a Sub-Committee member to take
minutes at any such Sub-Committee meeting.
Rule 10—Standing Sub-Committees
The standing Sub-Committees of the City Council shall serve yearly and address themselves to
the issues under their respective jurisdiction. The Council President or Presiding Officer shall
refer Agenda items to the appropriate Sub-Cornmittee for review (see Rule 22). The Sub-
Committee shall provide verbal reports and written minutes of such matters it has reviewed.
These minutes shall be submitted to the Council Administrative Assistant in a timely manner
(see Rule 20(b)).
A call of standing Sub-Committees shall be executed by the Council President at the first
meeting in April, August and December, at which time the Sub-Committee chairperson shall
review and present a brief report of the goals, objectives and actions of their respective Sub-
Committees and report to any continuing work. A call of the City Auditor shall also be executed
by the Council President at the first meeting in April, August and December, at which time the
City Auditor shall review and present a brief report of the goals, objectives and action of his/her
Accounting Department and report to any continuing work.
• Committee on Rules & Regulations
• Committee on Ordinances
• Committee on Utilities & Street Acceptance
• Committee on Licenses
• Committee on Finance
• Committee on Public Safety
• Committee on Zoning Review
• Committee on Industrial Relations
• Any and all Ad Hoc Sub-Committees
Rule I I —Decorum
(a) While the Council is in session, the members mWt preserve order and decorum,
and a member shall, neither by conversation or otherwise, delay or interrupt the proceedings or
the peace of the Council or disturb any member while speaking or refuse to obey the orders of
the Council or its Presiding Officer, except as otherwise herein provided.
(b) Any person making personal, impertinent, or slanderous remarks or who shall
become boisterous while addressing the Council shall be asked to remove themse.1ves from
Council Chambers, forthwith, by the Presiding Officer.
Rule 12 —Enforcement of Decorum
(a) At the will of the Presiding Officer, the Chief of Police, or such member or
members of the Police Department as he may designate, shall be Sergeant-at-Arms of the City
Council meetings. He/she or they shall carry out all orders and instructions given by the
Presiding Officer for the purpose of maintaining order and decorum at the City Council meeting.
(b) Upon instructions of the Presiding Officer, it shall be the duty of the Sergeant-at-
Arms to remove any person(s) who violates the order and decorum of the meeting.
6
Rule 13 - Rights and Duties of Council Members
The members' right to speak shall be in accordance with Roberts' Rules of Order. Any Council
member shall have the right to have the reasons for his/her dissent from, or protest against, any
action of the Council entered into the minutes.
In the event the President wishes to speak on the subject matter of an issue or article of
legislation before the Full Council, the President shall turn such Council meeting over to the
Council Vice President while the President is so addressing the Council. The President shall
resume the chair after his/her presentation.
Rule 14—Policies related to Citv Council Personnel
(a) The City Auditor and Council Administrative Assistant
• The City Auditor is a non-union position but is classified as a Department Head
level position.
• The Administrative Assistant to the City Council is also a non-union position and
is classified as an Administrative/Clerical position as per contract between the
City of Agawam and the affiliated union.
• The City Auditor and the Administrative Assistant to the City Council shall have
their performances evaluated annually by the City Council.
• The City Council, per Town Code, shall elect or re-elect the City Auditor and
Administrative Assistant to the City Council on the non-election years. This will
allow the Full Council to have one year's worth of experience to adequately
evaluate said employee's performance in accordance herewith. These elections
shall be during the first regularly-scheduled meeting in January after the first full
year of a new City Council.
(b) The Zoning Board of Appeals and the Community Preservation Act Committee
are also under the jurisdiction of the City Council.
Rule 15—Fifing Deadline
No new item may be included on a Regular City Council Agenda unless said item is submitted to
the Administrative Assistant to the City Council in writing by Thursday, 12.00 noon, prior to a
regularly scheduled meeting of the City Council. At the time of submission of any item of
business for the Council Agenda, the person or persons proposing the measure shall submit
supporting information or documentation sufficient to specify the nature of the business to be
considered by the City Council. In the event a City Councilor is unable to submit a proposed
item personally, he or she can authorize the Administrative Assistant to the City Council to
submit the item by telephone message or email. The Administrative Assistant to the City
Council shafl compile an Agenda of all such proposed Orders, Ordinances and other New
Business along with the Agenda of the Old Business remaining before the City Council and shall
see that a copy of the completed Agenda is delivered to the place of residence of each member of
the City Council. The Administrative Assistant to the City Council shall include the name of the
member or members proposing an item of Agenda. Any Orders, Resolutions and Ordinances
shall be sponsored only by the Mayor or by a member of the City Council
7
Rule 16 —Form of Reports
All reports and other papers submitted to the City Council shall be in writing, properly endorsed,
and all the appropriate supplemental information attached thereto. Eighteen (18) copies shall be
included with the original for distribution to the Full Council, the Mayor, the Solicitor as well as
the press. If such reports, documents or papers submitted shall be solely for the City Council,
they should be clearly labeled "Council Only" and submitted with eleven copies along with the
original.
Rule 17—Order of Business
At every regular City Council Meeting, unless otherwise determined by a majority of the
members present, the order of business shall be as follows:
• Item I Roll Call
• Item 2 Moment of Silence and the Pledge of Allegiance
• Item 3 Citizen's Speak Time
• Item 4 Approval of Minutes
• Item 5 Declaration from Council President
• Item 6 Presentation of Petitions, Memorials and Remonstrances
Item 7 Reports of Council Committees
Item 8 Elections
Item 9 Public Hearings
Item 10 Old Business
Item I I New Business
Item 12 Any other matter that may legally come before the City Council
No person shall address a public meeting of the City Council without pen-nission of the Presiding
Officer or having signed up for Citizen's Speak Time prior to the meeting and all persons shall,
at the request of the Presiding Officer, be silent. If, after warning from the Presiding Officer, a
person persists in disorderly or disruptive behavior, said officer may order him/her to withdraw
from the meeting, and, if he/she does not withdraw, may order a police officer or any other
person to remove him/her to some convenient place until the meeting is adjourned.
Rule 18—Roll Call, Order of Vote
The order of voting shall be by Roll Call in alphabetical order. The first to vote shall be
determined by alphabetical order rotation at the beginning of each Regular or Special Meeting.
This order shall s= from the beginning alphabetical order at the first meeting in January. If a
councilor is not present during the City Council meeting at which hiAer position is the first to
vote, then said councilor shall forego his/her opportunity to vote in the first position. The next
meeting's voting order will begin with the next councilor following the alphabetical order.
Rule 19—Citizen's Speak Time
The Agawam City Council shall provide a Citizen's Speak Time during each Regular City
Council Meeting. Citizen's Speak Time is subject to the following conditions:
8
0 After being recognized by the Council President or Presiding Officer, the person shall
state his/her name, address and subject he/she wishes to speak on for the record.
* Speak time shall be only at the regular meetings of the City Council.
0 Each speaker shall have up to five (5) minutes, if needed, to present the subject of his or
her concern, unless otherNkise permitted by the Council President and/or a majority of the
council members present.
The time shall be kept by the Council Administrative Assistant with a warning of one
minute remaining.
No speaker will be allowed to bequeath time to another or for another speaker.
Prior to the meeting each speaker must show his or her desire to speak by giving name,
address and the subject to be presented on a sign up sheet which is provided for this and
is placed upon the podium where the person shall speak. At two minutes prior to the
beginning of the Council meeting, the Council Administrative Assistant shall bring this
list to the President or Presiding Officer. Once the meeting has commenced, no person
shall be able to speak during Citizen's Speak Time unless his/her name is on the sign up
sheet.
There shall be no dialogue exchanged between the citizen and any City Council member.
This is for citizen input only.
The City Council President or Presiding Officer of the meeting shall maintain order and
decorum.
Any person making personal, impertinent, or slanderous remarks or who shall become
boisterous while addressing the Council shall be asked to remove themselves from
Council Chambers, forthwith, by the Presiding Officer.
Rule 20—Minutes
(a) Minutes of all regular City Council meetings shall be recorded by both video and
audio means and transcribed verbatim by the City Council Administrative Assistant. These
minutes shall be distributed to the City Council to be approved at the next regularly-scheduled
Council meeting. After approval, said minutes shall be posted on the Town of Agawam website
as well as posted in the Office of the City Clerk in compliance with Massachusetts General Laws
governing public meetings, as well as in the Agawam Public Library.
(b) Minutes of all special meetings and Sub-Committee meetings shall be recorded
and maintained in written form. The Sub-Committee Chair person shall designate a recording
secretary from its committee members. The minutes shall be recorded and submitted to the City
Council Administrative Assistant in a timely manner prior to the next regularly-scheduled City
Council meeting. The minutes shall reflect:
(1) The date, time and place of the meeting;
(2) The members recorded as either present or absent;
(3) A general description of all matters proposed, discussed or decided; and
(4) A record of any votes or recommendations taken (See Rule 22).
(c) Minutes of all executive session meetings shall not be available to the public until
such time as the City Council determines that it is no longer necessary to protect the public
interest or the privacy of the matter on which it met or such matter has been released by the
Courts.
9
(d) Copies of all minutes shall be kept in the Office of the City Council and any
video/audio recordings shall also remain in the Council Office for public review.
A copy of the video may be requested in writing and there shall be a fee for costs associated with
the copying of said video assessed to the person(s) requesting it.
Rule 21 —Presentation of Petitions,Memorials and Remonstrances
(a) Remonstrance is defined as (1) an expression of protest, complaint, or reproof,
especially a 'formal statement of grievances; (2) an act of expressing earnest opposition or
protest; and (3) earnest presentation of reasons for opposition or grievance i.e. a document
formally stating such points.
(b) Resolutions, petitions, etc. or subjects requiring action by the Council under this
Agenda item must be introduced and sponsored by a member of the Council or the Mayor.
(c) All Resolutions shall be presented to the Council in typed written form. Prior to
consideration of these documents by the Council said documents shall be reviewed as to form
and legality by the City Solicitor.
(d) All Resolutions shall first appear under New Business and at the next regularly
scheduled meeting of the City Council shall be moved to Old Business upon which a discussion
will be had and action of the City Council shall be taken.
Rule 22 —Referral to Sub-Committees
(a) When an Order, Resolution or Ordinance relates to a subject which should
properly be examined and reported upon by a standing Sub-Committee of the City Council, such
Order, Resolution or Ordinance shall upon presentation be referred by the Council President to
such committee and must be reported back by the committee. All petitions, remonstrances,
memorials, conu-nunications or any other matter before the City Council may be referred as
follows:
• To a standing Sub-Committee of the City Council
• To a special committee of the City Council
• To the Mayor
• To Boards or Commissions
(b) Any matter may be referred to an Ad Hoe Committee, advisory committee or
Board for advice sought by the City Council.
(c) - Should a matter be referred to more than one Sub-Committee, it is recommended
that those committees have one or more joint meetings of the Chairpersons or the Full
Committee to assure the information brought before the Full Council is unified or any
discrepancies between Sub-Committees clearly noted, all following the guidelines of the Open
Meeting Laws.
(d) After referral, it is the discretion of the Sub-Committee Chairperson to determine
if a meeting of the Sub-Committee is necessary. If a Sub-Committee meeting is held, the Sub-
Committee may take a vote for a recommendation to the Full Council on each item on the
Agenda,
10
(e) The Chairperson of the Sub-Committee is responsible for notifying the City
Council Administrative Assistant to book the Sub-Committee meeting and specify any
Department Heads and/or other persons of interest to be invited to the meeting.
Rule 23 —Elections
The City Council appoints vacancies on the Zoning Board of Appeals as well as the Community
Preservation Act Committee. When a vacancy arises or a term expires, the Council
Administrative Assistant is responsible to contact in writing the person(s) and get a letter of
intent on whether he/she wishes to be re-appointed to that position. If a person wishes to resign
from the position, notification must be submitted in writing to the City Council Office.
Vacancies shall be advertised in the local newspaper. An election shall take place in a timely
fashion with the item(s) being placed on the Council Agenda for a vote of the Council.
Rule 24—Public Hearings
A Legal Notice of Public Hearing must be advertised in a local newspaper no less than fourteen
(14) days prior to the suggested date of the public hearing (as stated in Article 5-2 (a) in the
Town Charter) and if necessary, abutters shall also be notified via certified mail with a Legal
Notice of Public Hearing. Proponents and opponents shall be allowed time for the presentation
of their respective cases to the City Council during all public hearings before the City Council.
All Public Hearings will be subject to the following conditions:
• Each speaker has ten minutes total, if needed,to present the subject of his or her concern,
both for and against the subject matter on hand.
• Time limits may only be extended by a majority vote of Council members present at the
meeting.
• Questions by members of the City Council shall be allowed only after the speaker's
allotted time has expired or after said speaker has terminated his/her presentation.
• No speaker will be allowed to bequeath time to another or for another speaker.
• Any person shall have the right to be recorded for or against the subject being heard.
• After close of all hearings, no further evidence, oral or written, may be presented.
• The City Council President or Presiding Officer of a hearing shall preserve order and
decorum.
• Any person shall be allowed to address the City Council only once on any given subject
or topic being heard unless the City Council has a question of that person and he/she
may be asked to return to the podium.
No person shall address a public meeting of the City Council without permission of the Presiding
Officer or having signed up for Citizen's Speak Time prior to the meeting and all persons shall,
at the request of the Presiding Officer, be silent. If, after warning from the Presiding Officer, a
person persists in disorderly or disruptive behavior, said officer may order him/her to withdraw
from the meeting, and, if he/she does not withdraw, may order a police officer or any other
person to remove him/her to some convenient place until the meeting is adjourned.
Rule 25—Old Business
Old Business first appears as New Business and then is moved to Old Business. Any
Resolutions or Petitions will appear under Item 6 of the Council Agenda "Presentations of
Petitions, Memorials and Remonstrances". Any Public Hearing items will appear under Item 9
"Public Hearing" and any Ordinances or Town Orders (such as financial transfers) shall appear
under Item 10 "Old Business". All items can be acted on in one meeting except Ordinances
which shall require two (2) readings, therefore requiring the item to appear at least twice under
Old Business.
Rule 26—New Business
New Business is classified as any Resolution, Ordinance, Petition, Public Hearing Notice, Town
Order, etc. which must be submitted to the City Council Office by 12:00pin on the Thursday
prior to a regularly-scheduled City Council meeting. Any letters or written explanation
providing back-up to the Agenda item must be included. These must also have an originally
signed copy by the Mayor, Auditor or City Solicitor, depending on the type of item.
If the item appears as New Business suggesting a Public Hearing date, the Presiding Officer will
declare the suggested date to ensure availability of the Council.
Rule 27—Ordinances
(a) All Ordinances shall require two (2) separate readings by the Council after first
appearing under New Business and the second shall never be had on the same day as the first.
(b) Ordinances shall require a minimum of eight (8) votes of the City Council for
passage.
(c) All Ordinances shall first be reviewing by the City Solicitor as to form and
legality and be clearly expressed in its title as to what the subject of the Ordinance is.
(d) All Ordinances shall be referred to the City Council Ordinance Sub-Committee
and the Sub-Committee shall report said Ordinance to the City Council at the subsequent
meeting. The Ordinance shall stand for final action in accordance with the report of the
committee.
(e) When passed by the City Council, an Ordinance shall be signed-by the Presiding
Officer and then submitted to the Mayor, after which said Ordinance shall be filed and preserved
in the office of the City Clerk.
Rule 28—Motions Out of Order
The Presiding Officer may at any time, by a majority vote of the members elected, permit a
member to move an Ordinance, Resolution or Motion out of regular order.
12
Rule 29—Any item that may legally come before the City Council
The Presiding Officer shall go in whatever order he/she so chooses and provides each councilor
the opportunity to speak upon any such matter that was not included in the Agenda. This item
should pertain only to matters concerning the City Council such as setting meetings, supplying
information concerning the City Council and the like.
Rule 30—Votes Reguired
(a) The votes shall be taken upon the passage of all Ordinance, Resolutions,
Appropriations, Transfers and Town Orders by Roll Call and entered upon the official record of
the Council.
(b) When the City Council is in doubt as to the number of votes required to pass a
measure or if the measure contains a tax or fee to be assessed to the residents of the City of
Agawam, the Council President, as the Parliamentarian, has the right to determine the number of
votes required to pass the measure.
(c) All matters incurring debts shall comply with Massachusetts General Law,
Chapter 44, Section 2.
Please see the attached Schedule A (voting schedule)
Rule 31 —Request for Le2al Opinions
Any member of the City Council may request, in writing, written legal opinions relating to town
business and involving matters within the authority of the City Council and for purposes of
inquiry request an opinion or advice on town legal matters from the City Solicitor.
Rule 32 —Budget Review
Five (5) Budget Sub-Committees as listed below will be named by the Council President to
review the annual Operating Budget and Capital Improvement Budget.
COMMITTEE NAME ITEMS REVIEWED
School Budget Committee School Budget
(Five council members)
Operating Budget Committee 91 City Council
(Three council members) Mayor
IT/Data Processing
Accountant/Auditor
Clerk
TTeasurer/Collector
Assessor
Law Department
Elections & Registrations
Council on Aging
Board of Appeals
Line Items
13
Operating Budget Committee#2 Fire
(Three council members) Police
Weights & Measures
Building Inspector
Community Development
Veterans' Services
Health Department
Agawam Country Club
Operating Budget Committee#3 DPW Administration
(Three council members) Highway& Grounds Maintenance
Engineering
Motor Vehicle Maintenance
Parks & Recreation
Library
Building Maintenance
Water Department
Waste Water Department
Capital Improvement Budget Committee Capital Improvement Budget
(Five council members)
The School Budget Sub-Committee shall issue a report to the Full Council within thirty (30)
days of the completion of the budget hearing and copies of the proposed budget will be
submitted to all Council members. After submission of the annual Operating Budget by the
Mayor to the Council, a workshop shall be conducted in order to review with the School
Department staff in attendance.
In the event that the Commonwealth of Massachusetts delays the issuance of Cherry Sheets and
this delay prohibits the Mayor from presenting the Operating Budget to the Council with enough
time to follow the above-described budget review process before the Council's approval deadline
(in accordance with Massachusetts General Laws), this rule shall become subject to the
discretion of the Council President, who then shall, as he/she sees fit, schedule a workshop with
the Mayor to review the Operating Budget in as many meetings as it takes for the Council to
fully gather the information it deems necessary to grant final approval of the Operating Budget.
Rule 33—Inguiries and Investigations
The City Council shall with an affin-native majority vote of the Full Council conduct an inquiry,
hearing or investigation of any department, department head, and/or employees and City
officials.
The procedure to be taken by the City Council shall be as follows:
The City Solicitor and Prosecutor shall be excluded as legal counsel from all hearings and
Executive Sessions held by the City Council for purposed of investigation of any City
official or department.
14
• If requested by the City Council, an attorney whose services shall be employed for
purposed of inquiry or investigation, and shall be subject to approval by the majority of
the Full Council.
• Funds shall be used from the account entitled the City Council "Professional Consultant
Services" to pay for services rendered by the attorney employed by the City Council for
said inquiry or investigation.
• All subpoenas and letter of notices to witnesses and/or subjects of discussion shall be
included in the duties of the legal counsel employed by the City Council. It is understood
that the witnesses may waive the subpoena and voluntarily come forward.
• All written notices requiring forty-eight (48) hours notice prior to any hearings shall be
hand-delivered to persons by the Police Department as authorized by the Administrative
Assistant to the City Council.
• The City Council may, by an affirmative vote of the majority of the Full Council,
establish a three (3) person committee appointed by the Council President to hear
testimony, collect evidence and present facts to the Full Council in Executive Session.
• The meetings of the City Council and/or Sub-Committee, unless otherwise requested by
the individual or department involved, may be held in Executive Session. They shall also
be conducted in accordance with the Open Meeting Law, Massachusetts General Laws
Chapter 3 OA, §I I A 1/2.
• The proceedings of the meetings shall be recorded and transcribed verbatim and provided
to the Full Council along with a copy of the Sub-Committee findings.
• The Sub-Committee will report its findings and recommendations to the Full Council.
• The Full Council will make the final determination and shall take any action they deem
necessary.
Rule 34—Suspension and Amendment of these Rules
(a) Any provisio*n of these rules not governed by the Town Charter may be
temporarily suspended by a vote of a majority of the City Council. The vote on any such
suspension shall be taken by roll call and entered upon the record.
(b) These rules may be amended, or new rules adopted, by a majority vote of all
members of the City Council, provided that the proposed amendments or new rules shall have
been introduced into the record as required herein.
15
SCHEDULE A
Salary Ordinance 2/3 Majority Vote of the City Council or 8 votes
(MGL Chapter 44, §33A)
Transfer from One Department to 2/3 Majority Vote of the City Council or 8 votes
Another Department (MGL Chapter 44, §33B)
Transfer from Reserve Fund Majority of the Full Council or 6 votes
(MGL Chapter 44, §5A)
Transfer within a Department Majority of the Full Council or 6 votes
(MGL Chapter 44, §33B)
Transfer from Stabilization Fund 2/3 Vote of those Present and Voting
Supplementary Budget Majority of the Full Council or 6 votes
(MGL Chapter 44, §32)
Any Appropriation Majority of the Full Council or 6 votes
(MGL Chapter 44, §32)
Receipt of a Monetary Gift Majority of the Full Council or 6 votes
(MGL Chapter 44, §32)
Creation of a New Position Reorganization Majority Vote of those Pre'sent and Voting
Confirmation of Appointments Majority Vote of those Present and Voting
Emergency Preamble 2/3 Vote of those Present and Voting
Elections Majority of Those Entitled to Vote
Citizen's Petition Majority Vote of those Present and Voting
Resolutions(TR's) Majority Vote of those Present and Voting
Orders(TO's) Majority Vote of those Present and Voting
Ordinances(TOR's) 2/3 Majority Vote of the Full Council or 8 votes
(MGL Chapter 40A, §5)
Zone Changes 2/3 Majority Vote of the Full Council or 8 votes
(MGL Chapter 40A, §5)
Zoning Ordinances 2/3 Majority Vote of the Full Council or 8 votes
(MGL Chapter 40A, §5)
Incurring a Bond Debt 2/3 Majority Vote of the Full Council or 8 votes
(MGL Chapter 44, §2)
(rev 10/12/11)
16
TR-2011-55
A RESOLUTION AMENDING THE RULES AND REGULATIONS OF THE
AGAWAM CITY COUNCIL
Sponsored by the City Council
WHEREAS, the Rules and Regulations of the Agawam City Council have not
been updated since April 21, 2009; and
WHEREAS, the Town Charter Section 2-7(c) states that "The Town Council
shall from time to time establish rules for its proceedings."; and
WHEREAS, it is in the best interests of the Citizens of Agawam that the
Agawam City Council Rules and Regulations be updated to conform to contemporary
legislative policies and practices; and -
WHEREAS,the proposed Rules and Regulations are attached to this Resolution.
NOW, THEREFORE, BE IT RESOLVED THAT THE AGAWAM CITY
COUNCIL hereby amends its Rules and Regulations as attached.
Dated this day of 2011.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault, President
APPROVED AS TO FORM AND LEGALITY
Vincent F. Gioscia, City Solicitor
AGAWAM CITY COUNCIL
R ULES AND
REG ULA TIONS
Revised 10/28/11
INDEX
Rule 4 Page#
Index 2
1 Authority 3
2 Regular Meetings 3
3 Special Meetings 3
4 Election & Duties of the Presiding Officer 4
5 Call to Order 5
6 Rules of Order 5
7 Agenda Review 5
8 Quorum 5
9 Committee Appointments 5
10 Standing Sub-Committees 6
11 Decorum 6
12 Enforcement of Decorum 6
13 Rights & Duties of Council Members 7
14 Policies related to City Council Personnel 7
15 Riling Deadline 7
16 Form of Reports 8
17 Order of Business 8
18 Roll Call, Order of Vote 8
19 Citizen's Speak Time 8
20 Minutes 9
21 Presentation of Petitions, Memorials & Remonstrances 10
22 Referral to Sub-Committees 10
23 Elections 11
24 Public Hearings 11
25 Old Business 12
26 New Business 12
27 Ordinances 12
28 Motions Out of Order 12
29 Any item that may legally come before the City Council 13
30 Votes Required 13
31 Request for Legal Opinions 13
32 Budget Review 13
33 Inquiries & Investigations 14
34 Suspending & Amending of these Rules 15
Schedule A (voting schedule) 16
2
TOWNOFAGAWAM
CITY COUNCIL RULES OF ORGANIZATION AND PROCEDURE
Rule I —Authority
(a) Pursuant to Section 2-7(c) of the Charter in the Code of the Town of Agawam,the
City Council may determine its own rules of procedure for meetings. The following set of rules
shall be in effect upon their adoption by the City Council and until such time as they are
amended or new rules are adopted.
Rule 2 —Regular Meetings
(a) All regular meetings of the City Council shall be held on the first and third
Mondays of the month except for the months of July and August where it shah be held only on
the first Monday of those months. If the regularly scheduled City Council meeting falls on a
holiday, the Council shall meet on the following day. In October and November, the City
Council shall have their meeting the day immediately following any local, state or federal
Election Day.
(b) The regular City Council me'ctings shall commence at 7:00pm and not adjourn
until such time as the business of the Town of Agawam is completed.
(c) The regular City Council meetings shall be held in the Auditorium of the Roberta
G. Doering School located at 68 Main Street, Agawam, Massachusetts unless otherwise noted
and properly posted.
(d) Except for Executive Sessions as permitted by state law, all regular meetings of
the City Council and its committees shall be open to the public, subject to recording by various
means by prior arrangement with the Council President, provided that such arrangements do not
interfere with the orderly conduct of the meetings and are done under such rules as the Council
may prescribe.
Rule 3 —Special Meetings 0(+�u A46wor
(5)
(a) As stated in the Charter, the Council President/or any 1�members of the
Council may call Special Meetings of the Council whenever, in their opinion, the public business
may require it.
� (b) Whenever a Special Meeting shall be called, a notice in writing, signed by the
Council President or Presiding Officer shall be posted in the City Clerk's office and served upon
each member of the Council either in person or by notice left at their place of residence, stating
the date and hour of the meeting and the purpose for which such meeting is called and no
business shall be transacted at the meeting except such as is stated in the notice.
3
(c) No Special Meeting, except an emergency meeting as determined by the Council
President, shall be held until notice complying with the Open Meeting Law has been given by
the Council Administrative Assistant at least forty-eight (48) hours after the call is issued.
(d) Executive Sessions shall be held in accordance with the provisions of the Open
Meeting Law.
Rule 4 —Election and Duties of the Presidine Office
(a) After a new City Council has been sworn in, a new Council President and Vice
President shall be elected during the first meeting in January of the new year. The President and
Vice President shall serve at the Council's pleasure and unless otherwise indicated.
(b) The first meeting in January after a new Council has been sworn in shall be
known as a Reorganizational Meeting where the only business conducted shall be the election of
Presiding Officers. The position of President and Vice President shall be listed individually on
the Council Agenda and require a majority vote of the Full Council for passage.
(c) The oldest member of the City Council sits to the left of the President. The oldest
member shall also chair this first meeting prior to the election of the officers. After election of
officers, the Vice President shall sit to the right of the newly-elected Council President and the
eldest member shall sit to his/her left.
(d) The seats of the City Council shall be numbered and determined by lot at this
Reorganizational Meeting. No member shall change his/her seat except by permission of the
President.
(e) The duties of the Presiding Officers where applicable shall be in accordance with
Roberts' Rules of Order.
(f) Duning the absence or disability of the President, the Vice President shall
discharge the duties and exercise the powers and authority of the President. In the absence of
both the President and Vice President, the most senior member in age on the Council shall
preside. Said council member shall discharge the duties and exercise the powers and authority of
the President.
(g) In the event the President or Vice-President of the City Council resigns or is
called upon to act as Mayor in a permanent fashion, the City Council will hold elections to
determine a new President and/or Vice-President.
(h) The President shall preserve order and decorum at all regular and special meetings
of the City Council and confine members in debates pertaining to the question under discussion.
(i) The President shall sign all ordinances, resolutions and measures adopted by the
Council during his/her presence. In the event of the absence of the President, the Presiding
Officer shall sign ordinances, resolutions and measures as then adopted.
0) When the President wishes to participate in a debate, he/she may call the Vice
President or in his/her absence, the most senior member to temporarily chair the meeting in order
4
to take part in the debate. After expressing his/her opinion on the issue, he/she may return to the
chair if not objected to by the majority of the Council present.
(k) All Rules and Regulations of the City Council shall be given to every newly-
elected City Councilor within two (2)weeks from the date of his/her election.
(1) The President shall be classified as the Department Head of the Legislative
Branch and is responsible for any and all administrative decisions and actions with respect to the
City Council and its personnel.
Rule 5—Call to Order
(a) The Presiding Officer shall take the chair at the hour appointed for the meeting
and shall immediately call the Council to order.
(b) In the absence of the President and the Vice President, the oldest councilor is to
preside as temporary Chair and upon the arrival of the President or Vice President; the temporary
Chair shall immediately relinquish the position of the Presiding Officer upon the conclusion of
the business immediately before the Council.
Rule 6—Rules of Order
The City Council Rules and Regulations shall govern the proceedings of the Council in all cases,
unless they are in conflict with the Town Charter or other Massachusetts General Laws in which
case the Charter and/or Mass. General Law shal I apply.
Rule 7—Agenda Review
Prior to any Regular or Special City Council meeting, the Mayor may conduct an Agenda review
meeting to review the Council Agenda with the Council President and/or Council Vice-
President. No more than three (3) other City Council members may also attend said Agenda
Review meeting on an alternative rotating basis. Attendance at any one Agenda Review meeting
shall not exceed five (5) City Council members, including the Council President and Council
Vice-President.
Rule 8—Ouorum
A majority of the members of the City Council shall constitute a quorum and be nece§sary for
the transaction of business.' If, at the time any meeting is called to order, a quorum is not present
and if, after a recess of not more than thirty (30) minutes, a quorum is still not present, the
President shall declare the meeting adjourned to a later time and those in attendance shall be
named.
Rule 9. Committee Appointments
After the Reorganizational Meeting, all Sub-Committees shall be appointed and announced by
the President unless otherwise provided for or specifically directed by the City Council. Any
member shall have the right to appear before any Sub-Committee of the City Council and be
heard. The Chairperson of any Sub-Committee may cancel a scheduled meeting for cause;
otherwise, the senior member by length of service shall preside at the scheduled Sub-Committee
5
meeting. The Chairperson shall assign the task of secretary to a Sub-Committee member to take
minutes at any such Sub-Committee meeting,
Rule 10—Standina Sub-Committees
The standing Sub-Committees of the City Council shall serve yearly and address themselves to
the issues under their respective jurisdiction. The Council President or Presiding Officer shall
refer Agenda items to the appropriate Sub-Committee for review (see Rule 22). The Sub-
Committee shall provide verbal reports and written minutes of such matters it has reviewed.
These minutes shall be submitted to the Council Administrative Assistant in a timely manner
(see Rule 20(b)).
A call of standing Sub-Committees shall be executed by the Council President at the first
meeting in April, August and December, at which time the Sub-Committee chairperson shall
review and present a brief report of the goals, objectives and actions of their respective Sub-
Committees and report to any continuing work. A call of the City Auditor shall also be executed
by the Council President at the first meeting in April, August and December, at which time the
City Auditor shall review and present a brief report of the goals, objectives and action of his/her
Accounting Department and report to any continuing work.
• Committee on Rules & Regulations
• Committee on Ordinances
• Committee on Utilities & Street Acceptance
• Committee on Licenses
• Committee on Finance
• Committee on Public Safety
• Committee on Zoning Review
• Committee on Industrial Relations
• Any and all Ad Hoc Sub-Committees
Rule 11 —Decorum
(a) While the Council is in session, the members must preserve order and decorum,
and a member shall, neither by conversation or otherwise, delay or interrupt the proceedings or
the peace of the Council or disturb any member while speaking or refuse to obey the orders of
the Council or its Presiding Officer, except as other-wise herein provided.
(b) Any person making personal, impertinent, or slanderous remarks or who shall
become boisterous while addressing the Council shall be asked to remove themselves from
Council Chambers, forthwith, by the Presiding Officer.
Rule 12 —Enforcement of Decorum
(a) At the will of the Presiding Officer, the Chief of Police, or such member or
members of the Police Department as he may designate, shall be Sergeant-at-Arms of the City
Council meetings. He/she or they shall carry out all orders and instructions given by the
Presiding Officer for the purpose of maintaining order'and decorum at the City Council meeting.
(b) Upon instructions of the Presiding Officer-, it shall be the duty of the Sergeant-at-
Arms to remove any person(s) who violates the order and decorum of the meeting.
6
Rule 13 - Rights and Duties of Council Mcmbers
The members' right to speak shall be in accordance with Roberts' Rules of Order. Any Council
member shall have the right to have the reasons for his/her dissent from, or protest against, any
action of the Council entered into the minutes.
In the event the President wishes to speak on the subject matter of an issue or article of
legislation before the Full Council, the President shall turn such Council meeting over to the
Council Vice President while the President is so addressing the Council. The President shall
resume the chair after his/her presentation.
Rule 14—Policies related to City Council Personnel
(a) The City Auditor and Council Administrative Assistant
• The City Auditor is a non-union position but is classified as a Department Head
level position.
• The Administrative Assistant to the City Council is also a non-union position and
is classified as an Administrative/Clerical position as per contract between the
City of Agawam and the affiliated union.
• The City Auditor and the Administrative Assistant to the City Council shall have
their performances evaluated annually by the City Council.
• The City Council, per Town Code, shall elect or re-clect the City Auditor and
Administrative Assistant to the City Council on the non-election years. This will
allow the Full Council to have one year's worth of experience to adequately
evaluate said employee's performance in accordance herewith. These elections
shall be during the first regularly-scheduled meeting in January after the first full
year of a new City Council.
(b) The Zoning Board of Appeals and the Community Preservation Act Committee
are also under the jurisdiction of the City Council.
Rule 15—Filing Deadline
No new item may be included on a Regular City Council Agenda unless said item is submitted to
the Administrative Assistant to the City Council in writing by Thursday, 12:00 noon, prior to a
regularly scheduled meeting of the City Council. At the time of submission of any item of
business for the Council Agenda, the person or persons proposing the measure shall submit
supporting information or documentation sufficient to specify the nature of the business to be
considered by the City Council. In the event a City Councilor is unable to submit a proposed
item personally, he or she can authorize the Administrative Assistant to the City Council to
submit the item by telephone message or email. The Administrative Assistant to the City
Council shall compile an Agenda of all such proposed Orders, Ordinances and other New
Business along with the Agenda of the Old Business remaining before the City Council and shall
see that a copy of the completed Agenda is delivered to the place of residence of each member of
the City Council. The Administrative Assistant to the City Council shall include the name of the
member or members proposing an item of Agenda. Any Orders, Resolutions and Ordinances
shall be sponsored only by the Mayor or by a member of the City Council
7
Rule 16 —Form of Reports
All reports and other papers submitted to the City Council shall be in writing, properly endorsed,
and all the appropriate supplemental information attached thereto. Eighteen (18) copies shall be
included with the original for distribution to the Full Council, the Mayor, the Solicitor as well as
the press. If such reports, documents or papers submitted shall be solely for the City Council,
they should be clearly labeled "Council Only" and submitted with eleven copies along with the
original.
Rule 17—Order of Business
At every regular City Council Meeting, unless otherwise determined by a majority of the
members present, the order of business shall be as follows:
• Item I Roll Call
• Item 2 Moment of Silence and the Pledge of Allegiance
• Item 3 Citizen's Speak Time
• Item 4 Approval of Minutes
• Item 5 Declaration from Council President
• Item 6 Presentation of Petitions, Memorials and Remonstrances
• Item 7 Reports of Council Committees
• Item 8 Elections
• Item 9 Public Hearings
• Item 10 Old Business
• Item I I New Business
• Item 12 Any other matter that may legally come before the City Council
No person shall address a public meeting of the City Council without permission of the Presiding
Officer or having signed up for Citizen's Speak Time prior to the meeting and all persons shall,
at the request of the Presiding Officer, be silent. If, after warning from the Presiding Officer, a
person persists in disorderly or disruptive behavior, said officer may order him/her to withdraw
from the meeting, and, if he/she does not withdraw, may order a police officer or any other
person to remove him/her to some convenient place until the meeting is adjourned.
Rule 18—Roll Call, Order of Vote
The order of voting shall be by Roll Call in alphabetical order. The first to vote shall be
determined by alphabetical order rotation at the beginning of each Regular or Special Meeting.
This order shall start from the beginning alphabetical order at the first meeting in January. If a
councilor is not present during the City Council meeting at which his/her position is the first to
vote, then said councilor shall forego his/her opportunity to vote in the first position. The next
meeting's voting order will begin with the next councilor following the alphabetical order.
Rule 19—Citizen's Speak Time
The Agawam City Council shall provide a Citizen's Speak Time during each Regular City
Council Meeting. Citizen's Speak Time is subject to the following conditions:
8
• After being recognized by the Council President or Presiding Officer, the person shall
state his/her name, address and subject he/she wishes to speak on for the record.
• Speak time shall be only at the regular meetings of the City Council.
• Each speaker shall have up to five (5) minutes, if needed, to present the subject of his or
her concern, unless otherwise permitted by the Council President and/or a majority of the
council members present.
• The time shall be kept by the Council Administrative Assistant with a warning of one
minute remaining.
• No speaker will be allowed to bequeath time to another or for another speaker.
• Prior to the meeting each speaker must show his or her desire to speak by giving name,
address and the subject to be presented on a sign up sheet which is provided for this and
is placed upon the podium where the person shall speak. At two minutes prior to the
beginning of the Council meeting, the Council Administrative Assistant shall bring this
list to the President or Presiding Officer. Once the meeting has commenced, no person
shall be able to speak during Citizen's Speak Time unless his/her name is on the sign up
sheet.
0 There shall be no dialogue exchanged between the citizen and any City Council member.
This is for citizen input only.
a The City Council President or Presiding Officer of the meeting shall maintain order and
decorum.
9 Any person making personal, impertinent, or slanderous remarks or who shall become
boisterous while addressing the Council shall be asked to remove themselves from
Council Chambers, forthwith, by the Presiding Officer.
Rule 20—Minutes
(a) Minutes of all regular City Council meetings shall be recorded by both video and
audio means and transcribed verbatim by the City Council Administrative Assistant. These
minutes shall be distributed to the City Council to be approved at the next regul arly-scheduled
Council meeting. After approval, said minutes shall be posted on the Town of Agawam website
as well as posted in the Office of the City Clerk in compliance with Massachusetts General Laws
governing public meetings, as well as in the Agawam Public Library.
(b) Minutes of all special meetings and Sub-Committee meetings shall be recorded
and maintained in written forin. The Sub-Committee Chair person shall designate a recording
secretary from its committee members. The minutes shall be recorded and submitted to the City
Council Administrative Assistant in a timely manner prior to the next regularly-scheduled City
Council meeting. The minutes shall reflect:
(1) The date, time and place of the meeting;
(2) The members recorded as either present or absent;
(3)' A general description of all matters proposed, discussed or decided; and
(4) A record of any votes or recommendations taken (See Rule 22).
(c) Minutes of all executive session meetings shall not be available to the public until
such time as the City Council determines that it is no longer necessary to protect the public
interest or the privacy of the matter on which it met or such matter has been released by the
Courts,
9
(d) Copies of all minutes shall be kept in the Office of the City Council and any
video/audio recordings shall also remain in the Council Office for public review.
A copy of the video may be requested in writing and there shall be a fee for costs associated with
the copying of said video assessed to the person(s) requesting it.
Rule 21 —Presentation of Petitions, Memorials and Remonstrances
(a) Remonstrance is defined as (1) an expression of protest, complaint, or reproof,
especially a formal statement of grievances, (2) an act of expressing earnest opposition or
protest; and (3) earnest presentation of reasons for opposition or grievance i.e. a document
formally stating such points.
(b) Resolutions, petitions, etc. or subjects requiring action by the Council under this
Agenda item must be introduced and sponsored by a member of the Council or the Mayor.
(c) All Resolutions shall be presented to the Council in typed written form. Prior to
consideration of these documents by the Council said documents shall be reviewed as to form
and legality by the City Solicitor.
(d) All Resolutions shall first appear under New Business and at the next regularly
scheduled meeting of the City Council shall be moved to Old Business upon which a discussion
will be had and action of the City Council shall be taken.
Rule 22 —Referral to Sub-Committees
(a) When an Order, Resolution or Ordinance relates to a subject which should
properly be examined and reported upon by a standing Sub-Committee of the City Council, such
Order, Resolution or Ordinance shall upon presentation be referred by the Council President to
such committee and must be reported back by the committee. All petitions, remonstrances,
memorials, communications or any other matter before the City Council may be referred as
follows:
• To a standing Sub-Committee of the City Council
• To a special committee of the City Council
• To the Mayor
• To Boards or Commissions
(b) Any matter may be referred to an Ad Hoc Committee, advisory committee or
Board for advice sought by the City Council.
(c) Should a matter be referred to more than one Sub-Committee, it is recommended
that those committees have one or more joint meetings of the Chairpersons or the Full
Committee to assure the information brought before the Full Council is unified or any
discrepancies between Sub-Committees clearly noted, all following the guidelines of the Open
Meeting Laws.
(d) After referral, it is the discretion of the Sub-Committee Chairperson to determine
if a meeting of the Sub-Committee is necessary. If a Sub-Committee meeting is held, the Sub-
Committee may take a vote for a recommendation to the Full Council on each item on the
Agenda.
10
(e) The Chairperson of the Sub-Committee is responsible for notifying the City
Council Administrative Assistant to book the Sub-Committee meeting and specify any
Department Heads and/or other persons of interest to be invited to the meeting.
Rule 23—Elections
The City Council appoints vacancies on the Zoning Board of Appeals as well as the Community
Preservation Act Committee. When a vacancy arises or a term expires, the Council
Administrative Assistant is responsible to contact in writing the person(s) and get a letter of
intent on whether he/she wishes to be re-appointed to that position. If a person wishes to resign
from the position, notification must be submitted in writing to the City Council Office.
Vacancies shall be advertised in the local newspaper. An election shall take place in a timely
fashion with the item(s) being placed on the Council Agenda for a vote of the Council.
Rule 24—Public Hearings
A Legal Notice of Public Hearing must be advertised in a local newspaper no less than fourteen
(14) days prior to the suggested date of the public hearing (as stated in Article 5-2 (a) in the
Town Charter) and if necessary, abutters shall also be notified via certified mail with a Legal
Notice of Public Hearing. Proponents and opponents shall be allowed time for the presentation
of their respective cases to the City Council during all public hearings before the City Council,
All Public Hearings will be subject to the following conditions:
• Each speaker has ten minutes total, if needed, to present the subject of his or her concern,
both for and against the subject matter on hand.
• Time limits may only be extended by a majority vote of Council members present at the
meeting.
• Questions by members of the City Council shall be allowed only after the sp�aker's
allotted time has expired or after said speaker has terminated his/her presentation.
• No speaker will be allowed to bequeath time to another or for another speaker.
• Any person shall have the right to be recorded for or against the subject being heard.
• After close of all hearings, no further evidence, oral or written, may be presented.
• The City Council President or Presiding Officer of a hearing shall preserve order and
decorum.
• Any person shall be allowed to address the City Council only once on any given subject
or topic being heard unless the City Council has a question of that person and he/she
may be asked to return to the podium.
No person shall address a public meeting of the City Council without permission of the Presiding
Officer or having signed up for Citizen's Speak Time prior to the meeting and all persons shall,
at the request of the Presiding Officer, be silent. If, after warning from the Presiding Officer, a
person persists in disorderly or disruptive behavior, said officer may order him/her to withdraw
from the meeting, and, if he/she does not withdraw, may order a police officer or any other
person to remove him/her to some convenient place until the meeting is adjourned.
Rule 25 —Old Business
Old Business first appears as New Business and then is moved to Old Business. Any
Resolutions or Petitions will appear under Item 6 of the Council Agenda "Presentations of
Petitions, Memorials and Remonstrances". Any Public Hearing items will appear under Item 9
"Public Hearing" and any Ordinances or Town Orders (such as financial transfers) shall appear
under Item 10 "Old Business". All items can be acted on in one meeting except Ordinances
which shall require two (2) readings, therefore requiring the item to appear at least twice under
Old Business.
Rule 26—New Business
New Business is classified as any Resolution, Ordinance, Petition, Public Hearing Notice, Town
Order, etc. which must be submitted to the City Council Office by 12:00prn on the Thursday
prior to a regul arly-scheduled City Council meeting. Any letters or written explanation
providing back-up to the Agenda item must be included. These must also have an originally
signed copy by the Mayor, Auditor or City Solicitor, depending on the type of item.
If the item appears as New Business suggesting a Public Hearing date, the Presiding Officer will
declare the suggested date to ensure availability of the Council.
Rule 27—Ordinances
(a) All Ordinances shall require two (2) separate readings by the Council after first
appearing under New Business and the second shall never be had on the same day as the first.
(b) Ordinances shall require a minimum of eight (8) votes of the City Council for
passage.
(c) All Ordinances shall first be reviewing by the City Solicitor as to form and
legality and be clearly expressed in its title as to what the subject of the Ordinance is.
(d) All Ordinances shall be referred to the City Council Ordinance Sub-Committee
and the Sub-Committee shall report said Ordinance to the City Council at the subsequent
meeting. The Ordinance shall stand for final action in accordance with the report of the
committee.
(e) When passed by the City Council, an Ordinance shall be signed by the Presiding
Officer and then submitted to the Mayor, after which said Ordinance shall be filed and preserved
in the office of the City Clerk.
Rule 28—Motions Out of Order
The Presiding Officer may at any time, by a majority vote of the members elected, permit a
member to move an Ordinance, Resolution or Motion out of regular order.
12
Rule 29 —Any item that may legally come before the City Council
The Presiding Officer shall go in whatever order he/she so chooses and provides each councilor
the opportunity to speak upon any such matter that was not included in the Agenda. This item
should pertain only to matters concerning the City Council such as setting meetings, supplying
information concerning the City Council and the like.
Rule 30 —Votes Required
(a) The votes shall be taken upon the passage of all Ordinance, Resolutions,
Appropriations, Transfers and Town Orders by Roll Call and entered upon the official record of
the Council.
(b) When the City Council is in doubt as to the number of votes required to pass a
measure or if the measure contains a tax or fee to be assessed to the residents of the City of
Agawam, the Council President, as the Parliamentarian, has the right to determine the number of
votes required to pass the measure.
(c) All matters incurring debts shall comply with Massachusetts General Law,
Chapter 44, Section 2.
Please see the attached Schedule A (voting schedule)
Rule 31 —Request for Legal Opinions
Any member of the City Council may request, in writing, written legal opinions relating to town
business and involving matters within the authority of the City Council and for purposes of
inquiry request an opinion or advice on town legal matters from the City Solicitor.
Rule 32 —Budget Review
Five (5) Budget Sub-Committees as listed below will be named by the Council President to
review the annual Operating Budget and Capital Improvement Budget.
COMMITTEE NAME ITEMS REVIEWED
School Budget Committee School Budget
(Five council members)
Operating Budget Committee#1 City Council
(Three council members) Mayor
IT/Data Processing
Accountant/Auditor
Clerk
Treasurer/Collector
Assessor
Law Department
Elections & Registrations
Council on Aging
Board of Appeals
Line Items
13
Operating Budget Committee #2 Fire
(Three council members) Police
Weights & Measures
Building Inspector
Community Development
Veterans' Services
Health Department
Agawam Country Club
Operating Budget Committee#3 DPW Administration
(Three council members) Highway & Grounds Maintenance
Engineering
Motor Vehicle Maintenance
Parks& Recreation
Library
Buil,ding Maintenance
Water Department
Waste Water Department
Capital Improvement Budget Committee Capital Improvement Budget
(Five council members)
The School Budget Sub-Committee shall issue a report to the Full Council within thirty (30)
days of the completion of the budget hearing and copies of the proposed budget will be
submitted to all Council members. After submission of the annual Operating Budget by the
Mayor to the Council, a workshop shall be conducted in order to review with the School
Department staff in attendance.
In the event that the Commonwealth of Massachusetts delays the issuance of Cherry Sheets and
this delay prohibits the Mayor from presenting the Operating Budget to the Council with enough
time to follow the above-described budget review process before the Council's approval deadline
(in accordance with Massachusetts General Laws), this rule shall become subject to the
discretion of the Council President, who then shall, as he/she sees fit, schedule a workshop with
the Mayor to review the Operating Budget in as many meetings as it takes for the Council to
fully gather the information it deems necessary to grant final approval of the Operating Budget.
Rule 33—Inquiries-and Investigations
The City Council shall with an affirmative majority vote of the Full Council conduct an inquiry,
hearing or investigation of any department, department head, and/or employees and City
officials.
The procedure to be taken by the City Council shall be as follows:
The City Solicitor and Prosecutor shall be excluded as legal counsel from all hearings and
Executive Sessions held by the City Council for purposed of investigation of any City
official or department.
14
• If requested by the City Council, an attorney whose services shall be employed for
purposed of inquiry or investigation, and shall be subject to approval by the majority of
the Full Council.
• Funds shall be used from the account entitled the City Council "Professional Consultant
Services" to pay for services rendered by the attorney employed by the City Council for
said inquiry or investigation.
• All subpoenas and letter of notices to witnesses and/or subjects of discussion shall be
included in the duties of the legal counsel employed by the City Council. It is understood
that the witnesses may waive the subpoena and voluntarily come forward.
• All written notices requiring forty-eight (48) hours notice prior to any hearings shall be
hand-delivered to persons by the Police Department as authorized by the Administrative
Assistant to the City Council.
• The City Council may, by an affirmative vote of the majority of the Full Council,
establish a three (3) person committee appointed by the Council President to hear
testimony, collect evidence and present facts to the Full Council in Executive Session,
• The meetings of the City Council and/or Sub-Committee, unless otherwise requested by
the individual or department involved, may be held in Executive Session. They shall also
be conducted in accordance with the Open Meeting Law, Massachusetts General Laws
Chapter 30A, §I I A 1/2.
• The proceedings of the meetings shall be recorded and transcribed verbatim and provided
to the Full Council along with a copy of the Sub-Committee findings.
• The Sub-Committee will report its findings and recommendations to the Full Council.
• The Full Council will make the final determination and shall take any action they deem
necessary.
Rule 34 —Suspension and Amendment of these Rules
(a) Any provision of these rules not goverried by the Town Charter may be
temporarily suspended by a vote of a majority of the City Council. The vote on any such
suspension shall be taken by roll call and entered upon the record.
(b) These rules may be amended, or new rules adopted, by a majority vote of all
members of the City Council, provided that the proposed amendments or new rules shall have
been introduced into the record as required herein.
15
SCHEDULE A
Salary Ordinance 2/3 Majority Vote of the City Council or 8 votes
(MGL Chapter 44, §33A)
Transfer from One Department to 2/3 Majority Vote of the City Council or 8 votes
Another Department (MGL Chapter 44, §33B)
Transfer from Reserve Fund Majority of the Full Council or 6 votes
(MGL Chapter 44, §5A)
Transfer within a Department Majority of the Full Council or 6 votes
(MGL Chapter 44, §33B)
Transfer from Stabilization Fund 2/3 Vote of those Present and Voting
Supplementary Budget Majority of the Full Council or 6 votes
(MGL Chapter 44, §32)
Any Appropriation Majority of the Full Council or 6 votes
(MGL Chapter 44, §32)
Receipt of a Monetary Gift Majority of the Full Council or 6 votes
(MGL Chapter 44, §32)
Creation of a New Position Reorganization Majority Vote of those Present and Voting
Confirmation of Appointments Majority Vote of those Present and Voting
Emergency Preamble 2/3 Vote of those Present and Voting
Elections Majority of Those Entitled to Vote
Citizen's Petition Majority Vote of those Present and Voting
Resolutions(TR's) Majority Vote of those Present and Voting
Orders(TO's) Majority Vote of those Present and Voting
Ordinances(TOR's) 2/3 Majority Vote of the Full Council or 8 votes
(MGL Chapter 40A, §5)
Zone Changes 2/3 Majo-rity Vote of the Full Council or 8 votes
(MGL Chapter 40A, §5)
Zoning Ordinances 2/3 Majority Vote of the Full Council or 8 votes
(MGL Chapter 40A, §5)
Incurring a Bond Debt 2/3 Majority Vote of the Full Council or 8 votes
(MGL Chapter 44, §2)
(rev 10/12/11)
16
SCHEDULEA
Salary Ordinance 2/3 Majority Vote of the City Council or 8 votes
(MGL Chapter 44, §33A)
Transfer from One Department to 2/3 Majority Vote of the City Council or 8 votes
Another Department (MGL Chapter 44, §33B)
Transfer from Reserve Fund Majority of the Full Council or 6 votes
(MGL Chapter 44, §5A)
Transfer within a Department Majority of the Full Council or 6 votes
(MGL Chapter 44, §33B)
Transfer from Stabilization Fund 2/3 Vote of those Present and Voting
Supplementary Budget Majority of the Ful I Counci I or 6 votes
(MGL Chapter 44, §32)
Any Appropriation Majority of the Full Council or 6 votes
(MGL Chapter 44, §32)
Receipt of a Monetary Gift Majority of the Full Council or 6 votes
(MGL Chapter 44, §32)
Creation of a New Position Reorganization 2/3 Majority Vote of the City Council or 8 votes
Confirmation of Appointments Majority Vote of those Present and Voting
Emergency Preamble 213 Vote of those Present and Voti ng
Elections Majority of Full Council or 6 votes
Citizen's Petition Majority Vote of those Present and Voting
Resolutions(TR's) Majority Vote of those Present and Voting
Orders(TO's) Majority Vote of those Present and Voting
Ordinances(TOR's) 2/3 Majority Vote of the Full Council or 8 votes
(MGL Chapter 40A, §5)
Zone Changes 2/3 Majority Vote of the Full Council or 8 votes
(MGL Chapter 40A, §5)
Zoning Ordinances 2/3 Majority Vote of the Full Council or 8 votes
(MGL Chapter 40A, §5)
Incurring a Bond Debt 2/3 Majority Vote of the Ful I Council or 8 votes
(MGL Chapter 44, §2)
(rev 10/12/11
CITY COUNCIL REGULATIONS
1. Street Acceptance
• Any petition filed by owners of land abutting a way, by the Superintendent of Public
Works, or by the Planning Board for Street Acceptance, shall be placed on a Regular
Council Agenda. The petition will then be referred to the Utilities & Street Acceptance
Sub-Committee (hereinafter referred to "the Committee").
• The Committee will schedule a Public Hearing and send Public Hearing notices to all
owners and abutters of the way according to the records of the Office of the Assessor.
The Administrative Assistant to the City Council shall post the Public Hearing notice on
the bulletin board in the office of the City Clerk as well as publish it in a newspaper of
general circulation in the City of Agawam at least fifteen (15) days prior to the scheduled
Public Hearing. The Public Hearing shall be held within seventy-five (75) days of
referral of the petition to the Committee. The Committee shall view the street prior to the
Public Hearing.
• The Committee shall display at the Public Hearing a plan showing the layout of the
proposed public way. If no plan is submitted with the petition, the Department of Public
Works shall provide a cost estimate for preparing a plan to the community which shall
determine if public or private funds are available to prepare the plan. If no public or
private funds are currently available to prepare the plan, the Public Hearing shall be
postponed indefinitely pending the appropriation of funds.
• Voting cannot commence if there is not a quorum present. When the City Council is in
doubt as to the number of votes required to pass a measure or if the measure contains a
tax or fee to be assessed to the residents of the City of Agawam, the Council President, as
Parliamentarian, has the right to determine the number of votes required to pass the
measure.
• The Committee will conduct the Public Hearing (either on site or at a central location
within the community) noting all public comments. The Superintendent of Public Works
shall submit his/her written comments to the Committee regarding any potential present
and future costs to the community of accepting the way at or before the Public Hearing.
• Following the Public Hearing, the Committee will present the petition along with a
summary of public comments and the report of the Superintendent of Public Works to the
Mayor for his/her recommendation which shall be forwarded to the Committee within
thirty (30) days after presentation.
• Upon receipt of the Mayor's recommendation or the expiration of the thirty (30) day
period provided above, whichever shall first occur, the Committee shall prepare and send
Waiver of Damage forms to all owners and abutters of the way according to the records
of the Office of the Assessor. A thirty (30) day period will be allowed for the return of
the Waiver of Damage forms to the City. The Committee shall also prepare an estimate
of Eminent Domain Damages in the event that all owners/abutters do not return the
Waiver of Damage forms. The Committee shall determine if public or private funds are
available to pay the estimate of Eminent Domain damages; the Committee shall
recommend that the petition be tabled indefinitely pending the appropriation of funds.
• Upon the expiration of the thirty (30) day period provided above, the Committee shall
meet and receive the following information (1) public comments at Public Hearings, (2)
the written comments of the Superintendent of Public Works, (3) the recommendation of
the Mayor, (4) the plan, and (5) the estimate of Eminent Domain Damages. After
17
completing its review, the Committee shall formulate its written recommendation to the
Full Council regarding the petition for the Street Acceptance.
The written recommendation of the Committee shall then be placed on the next Regular
City Council Agenda for action by the Full Council. If the petition is passed by the City
Council by a 2/3 majority vote of the entire City Council (8 votes), all recording and
notice requirements of Massachusetts General Laws Chapter 82 shall then be carried out
by the Law Department as an agent of the City Council.
18
APO ✓rcN-
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AGAWAM CITY COUNCIL
R ULES AND
REGULATIONS
Revised 10/11/11
INDEX
Rule# Page
Index 2
1 Authority 2
2 Regular Meetings 3
3 Special Meetings 3
4 Election& Duties of the Presiding Officer 4
5 Call to Order 5
6 Rules of Order 5
7 Agenda Review 5
8 Quorum 5
9 Committee Appointments 5
10 Standing Sub-Committees 6
11 Decorum 6
12 Enforcement of Decorum 6
13 Rights & Duties of Council Members 7
14 Policies related to City Council Personnel 7
15 Riling Deadline 7
16 Form of Reports 8
17 Order of Business 8
18 Roll Call, Order of Vote 8
19 Citizen's Speak Time 8
20 Minutes 9
21 Presentation of Petitions, Memorials & Remonstrances 10
22 Referral to Sub-Conunittees 10
23 Elections 11
24 Public Hearings 11
25 Old Business 12
26 New Business 12
27 Ordinances 12
28 Motions Out of Order 12
29 Any item that may legally come before the City Council 13
30 Votes Required 13
31 Request for Legal Opinions 13
32 Budget Review 13
33 Inquiries & Investigations 14
34 Suspending & Amending of these Rules 15
Schedule A (voting schedule) 16
2
TOWNOFAGAWAM
CITY COUNCIL RULES OF ORGANIZATION AND PROCEDURE
Rule I -Authority
(a) -Exvt��erw�iseprohibited bylaw or the.Charter in the Code of the Town of
Agawairn, Massachusetts, all powers—sh-anu-msted-i*4he-CdLy-CounciI who shall provide for the
exercise and perfonnance of all duties and obligations imposed on tfie-F5-V-fff-by-tW%v.-tThe City
Council may determine its own rules of procedure for meetings�The following set of rules shall
be in effect upon their adoption by the City Council and until such time as they are amended or
new rules are adopted.
U77 4v c;x-L, r7 o Ckkr4tr
(b) In the event that any section or clause in these rules conflicts with applicable law,06T.0.
wn Charter or ordinance shall control and such conflict shall not affect any other provisions of
ese rules and to this end the provisions of these rules are declared to be severable.
Rule 2 -Regular Meetinizs
(a) All regular meetings of the City Council-shatFbe-open-t0-*.1h1-.,-,—4- shall be
held on the first and third Mondays of the month except for the months of July and August where
it shall be held only on the first Monday of those months. If the regularly scheduled City
Council meeting falls on a holiday, the Council shall meet on the following day. In October and
November, the City Council shall have their meeting the day immedialely following any local,
state or federal Election Day.
(b) The regular City Council meetings shall commence at 7:00prn and not adjourn
until such time as the business of the Town of Agawam is completed.
(c) The regular City Council meetings shall be held in the Auditorium of the Roberta
G. Doering School located at 68 Main Street, Agawam, Massachusetts unless otherwise noted
and properly posted.
(d) Except for Executive Sessions as permitted by state law, all regular meetings of
the City Council and its committees shall be open to the public, subject to recording by various
means by prior arrangement with the Council President, provided that such arrangements do not
interfere with the orderly conduct of the meetings and are done under such rules as the Council
may prescribe.
Rule 3-Special Meetings
(a) As stated in the Charter, the Council President or any three (3) members of the
Council may call Special Meetings of the Council whenever, in their opinion, the public business
may require it.
(b) Whenever a Special Meeting shall be called, a notice in writing, signed by the
Council President or Presiding Officer shall be posted in the City Clerk's office and served upon
each member of the Council either in person or by notice left at their place of residence, stating
the date and hour of the meeting and the purpose for which such meeting is called and no
business shall be transacted at the meeting except such as is stated in the notice.
3
(c) No Special Meeting, except an emergency meeting as determined by the Council
President, shall be held until notice complying with the Open Meeting Law has been given by
the Council Administrative Assistant at least forty-eight (48) hours after the call is issued.
(d) Executive Sessions shall be held in accordance with the provisions of the Open
Meeting Law.
Rule 4—Election and Duties of the Presidin2 Office
(a) After a new City Council has been sworn i a new Council President and Vice
President shall be elected during the first meeting in Janl�of the new year. The President and
Vice President shall serve at the Council's pleasure and unless otherwise indicated.
(b) The first meeting in January after a new Council has been sworn in shall be
known as a Reorganizational Meeting where the only business conducted shall be the election of
Presiding Officers. The position of President and Vice President shall be listed individually on
the Council Agenda and require a majority vote of the Full Council for passage.
(c) The oldest member of the City Council sits to the left of the President. The oldest
member shall also chair this first meeting prior to the election of the officers. After election of
officers, the Vice President shall sit to the right of the newly-elected Council President and the
eldest member shall sit to his/her left.
(d) The seats of the City Council shall be numbered and determined by lot at this
Reorganizational Meeting. No member shall change his/her seat except by permission of the
President.
(e) The duties of the Presiding Officers where applicable shall be in accordance with
Roberts' Rules of Order.
(f) During the absence or disability of the President, the Vice President shall
discharge the duties and exercise the powers and authority of the President. In the absence of
both the President and Vice President, the most senior member in age on the Council shall
preside. Said council member shall discharge the duties and exercise the powers and authority of
the President.
(g) In the event the President or Vice-President of the City Council resigns or is
called upon to act as Mayor in a permanent fashion, the City Council will hold elections to
determine a new President and/or Vice-President.
(h) The President shall preserve order and decorum at all regular and special meetings
of the City Council and confine members in debates pertaining to the question under discussion.
(i) The President shall sign all ordinances, resolutions and measures adopted by the
Council during his/her presence. In the event of the absence of the President, the Presiding
Officer shall sign ordinances, resolutions and measures as then adopted.
0) When the President wishes to participate in a debate, he/she may call the Vice
President or in his/her absence, the most senior member to temporarily chair the meeting in order
4
to take part in the debate. After expressing his/her opinion on the issue, he/she may return to the
chair if not objected to by the majority of the Council present.
(k) All Rules and Regulations of the City Council shall be given to every newly-
elected City Councilor within two (2) weeks from the date of his/her election.
1'5 QW
(1) The President shall be classified as the Department HeadA"Adu6i�__hle/shiris
responsiWe for any and all administrative decisions and actions with respect to the City Council
and its personnel.
Rule 5—Call to drder
(a) The Presiding Officer shall take the chair at the hour appointed for the meeting
and shall immediately call the Council to order.
(b) In the absence of the President and the Vice President, the oldest councilor is to
preside as temporary Chair and upon the arrival of the President or Vice President; the temporary
Chair shall immediately relinquish the position of the Presiding Officer upon the conclusion of
the business immediately before the Council.
Rule 6—Rules of Order
The City Council Rules and Regulations shall govern the proceedings of the Council in all cases,
unless they are in conflict with the Town Charter or other Massachusetts General Laws in which
case the Charter and/or Mass. General Law shall apply.
Rule 7—Agenda Review
Prior to any Regular or Special City Council meeting, the Mayor may conduct an Agenda review
meeting to review the Council Agenda with the Council President and/or Council Vice-
President. No more than three (3) other City Council members may also attend said Agenda
Review meeting on an alternative rotating basis. Attendance at any one Agenda Review meeting
shall not exceed five (5) City Council members, including the Council President and Council
Vice-President.
Rule 8—Ouorum
A majority of the members of the City Council shall constitute a quorum and be necessary for
the transaction of business. If, at the time any meeting is called to order, a quorum is not present
and if, after a recess of not more than thirty (30) minutes, a quorum is still not present, the
President shall declare the meeting adjourned to a later time and those in attendance shall be
named.
Rule 9. Committee Appointments
After the Reorganizational Meeting, all Sub-Committees shall be appointed and announced by
the President unless otherwise provided for or specifically directed by the City Council. Any
member shall have the right to appear before any Sub-Committce of the City Council and be
heard. The Chairperson of any Sub-Committee may cancel a scheduled meeting for cause;
otherwise, the senior member by length of service shall preside at the scheduled Sub-Committee
5
meeting. The Chairperson shall assign the task of secretary to a Sub-Committee member to take
minutes at any such Sub-Committee meeting.
Rule 10 —Standing Sub-Committees
The standing Sub-Committees of the City Council shall serve yearly and address themselves to
the issues under their respective jurisdiction. The Council President or Presiding Officer shall
refer Agenda items to the appropriate Sub-Committee for review (see Rule 22). The Sub-
Committee shall provide verbal reports and wfitten minutes of such matters it has reviewed.
These minutes shall be submitted to the Council Administrative Assistant in a timely manner
(see Rule 20(b)).
A call of standing Sub-Conunittees shall be executed by the Council President at the first
meeting in April, August and December, at which time the Sub-Committee chairperson shall
review and present a brief report of the goals, objectives and actions of their respective Sub-
Committees and report to any continuing work. A call of the City Auditor shall also be executed
by the Council President at the first meeting in April, August and December, at which time the
City Auditor shall revicw and prcsent a brief report of the goals, objectives and action of his/her
Accounting Department and report to any continuing work.
• Committee on Rules & Regulations
• Committee on Ordinances
• Committee on Utilities & Street Acceptance
• Committee on Licenses
• Committee on Finance
• Committee on Public Safety
• Committee on Zoning Review
• Committee on Industrial Relations
• Any and all Ad Hoc Sub-Committees
Rule 11 —Decorum
(a) While the Council is in session, the members must preserve order and decorum,
and a member shall, neither by conversation or otherwise, delay or interrupt the proceedings or
the peace of the Council or disturb any member white speaking or refuse to obey the orders of
the Council or its Presiding Officer, except as otherwise herein provided.
(b) Any person making personal, impertinent, or slanderous remarks or who shall
become boisterous while addressing the Council shall be asked to remove themselves from
Council Chambers, forthwith, by the Presiding Officer.
Rule 12—Enforcement of Decorum
(a) At the will of the Presiding Officer, the Chief of Police, or such member or
members of the Police Department as he may designate, shall be Sergeant-at-Arms of the City
Council meetings. He/she or they shall carry out all orders and instructions given by the
Presiding Officer for the purpose of maintaining order and decorum at the City Council meeting.
(b) Upon instructions of the Presiding Officer, it shall be the duty of the Sergeant-at-
Arms to remove any person(s) who violates the order and decorum of the meeting.
6
Rule 13 - Rights and Duties of Council Members
The members' right to speak shall be in accordance with Roberts' Rules of Order. Any Council
member shall have the right to have the reasons for his/her dissent from, or protest against, any
action of the Council entered into the minutes.
In. the event the President wishes to speak on the subject matter of an issue or article of
legislation before the Full Council, the President shall turn such Council meeting over to the
Council Vice President while the President is so addressing the Council. The President shall
resume the chair after his/her presentation.
Rule 14—Policies related to City Council Personnel
(a) The City Auditor and Council Administrative Assistant
• The City Auditor is a non-union position but is classified as a Department Head
level position.
• The Administrative Assistant to the City Council is also a non-union position and
is classified as an Administrative/Clerical position as per contract between the
City of Agawam and the affiliated union.
• The City Auditor and the Administrative Assistant to the City Council shall have
their performances evaluated annually by the City Council.
• The City Council, per Town Code, shall elect or re-elect the City Auditor and
Administrative Assistant to the City Council on the non-election years. This will
allow the Full Council to have one year's worth of experience to adequately
evaluate said employee's performance in accordance herewith. These elections
shall be during the first regular]y-scheduled meeting in January after the first full
year of a new City Council.
(b) The Zoning Board of Appeals and the Community Preservation Act Committee
are also under the jurisdiction of the City Council.
Rule 15—Filing Deadline
No new item may be included on a Regular City Council Agenda unless said item is submitted to
the Administrative Assistant to the City Council in writing by Tlursday, 12.00 noon, prior to a
regularly scheduled meeting of the City Council. At the time of submission of any item of
business for the Council Agenda, the person or persons proposing the measure shall submit
supporting information or documentation sufficient to specify the nature of the business to be
considered by the City Council. In the event a City Councilor is unable to submit a proposed
item personally, he or she can authorize the Administrative Assistant to the City Council to
submit the item by telephone message or email. The Administrative Assistant to the City
Council shall compile an Agenda of all such proposed Orders, Ordinances and other New
Business along with the Agenda of the Old Business remaining before the City Council and shall
see that a copy of the completed Agenda is delivered to the place of residence of each member of
the City Council. The Administrative Assistant to the City Council shall include the name of the
member or members proposing an item of Agenda. Any Orders, Resolutions and Ordinances
shall be sponsored only by the Mayor or by a member of the City Council
7
Rule 16—Form of Reports
All reports and other papers submitted to the City Council shall be in writing, properly endorsed,
and all the appropriate supplemental information attached thereto. Eighteen (18) copies shall be
included with the original for distribution to the Full Council, the Mayor, the Solicitor as well as
the press. If such reports, documents or papers submitted shall be solely for the City Council,
they should be clearly labeled "Council Only" and submitted with eleven copies along with the
original.
Rule 17—Order of Business
At every regular City Council Meeting, unless otherwise determined by a majority of the
members present, the order of business shall be as follows:
• Item I Roll Call
• Item 2 Moment of Silence and the Pledge of Allegiance
• Item 3 Citizen's Speak Time
0 Item 4 Approval of Minutes
• Item 5 Declaration from Council President
• Item 6 Presentation of Petitions, Memorials and Remonstrances
• Item 7 Reports of Council Committees
• Item 8 Elections
• Item 9 Public Hearings
• Item 10 Old Business
• Item I I New Business
• Item 12 Any other matter that may legally come before the City Council
No person shall address a public meeting of the City Council without permission of the Presiding
Officer or having signed up for Citizen's Speak Time prior to the meeting and all persons shall,
at the request of the Presiding Officer, be silent. If, after warning from the Presiding Officer, a
person persists in disorderly or disruptive behavior, said officer may order him/her to withdraw
from the meeting, and, if he/she does not withdraw, may order a police officer or any other
person to remove him/her to some convenient place until the meeting is adjourned.
Rule 18—Roll Call, Order of Vote
The order of voting shall be by Roll Call in alphabetical order. The first to vote shall be
determined by alphabetical order rotation at the beginning of each Regular or Special Meeting.
This order shall start from the beginning alphabetical order at the first meeting in January. If a
councilor is not present during the City Council meeting at which his/her position is the first to
vote, then said councilor shall forego his/her opportunity to vote in the first position. The next
meeting's voting order will begin with the next councilor following the alphabetical order.
Rule 19—Citizen's Speak Tim
The Agawam City Council shall provide a Citizen's Speak Time during each Regular City
Council Meeting. [A:7t this time any Agawam registered voter, Agawam business owner, or
Agawam property owner may address the Councig. Citizen's Speak Time is subject to the
following conditions:
8
• After being recognized by the Council President or Presiding Officer, the person shall
state his/her name, address and subject he/she wishes to speak on for the record.
• Speak time shall be only at the regular meetings of the City Council.
• Each speaker shall have up to five (5) minutes, if needed, to present the subject of his or
her concern, unless otherwise permitted by the Council President and/or a majority of the
council members present.
• The time shall be kept by the Council Administrative Assistant with a warning of one
minute remaining.
• No speaker will be allowed to bequeath time to another or for another speaker.
• Prior to the meeting each speaker must show his or her desire to speak by giving name,
address and the subject to be presented on a sign up sheet which is provided for this and
is placed upon the podium where the person shall speak. At two minutes prior to the
beginning of the Council meeting, the Council Administrative Assistant shall bring this
list to the President or Presiding Officer. Once the meeting has commenced, no person
shall be able to speak during Citizen's Speak Time unless his/her name is on the sign up
sheet.
• There shall be no dialogue exchanged between the citizen and any City Council member.
This is for citizen input only.
• The City Council President or Presiding Officer of the meeting shall maintain order and
decorum.
• Any person making personal, impertinent, or slanderous remarks or who shall become
boisterous while addressing the Council shall be asked to remove themselves from
Council Chambers, forthwith, by the Presiding Officer.
Rule 20—Minutes
(a) Minutes of all regular City Council meetings shall be recorded by both video and
audio means and transcribed verbatim by the City Council Administrative Assistant. These
minutes shall be distributed to the City Council to be approved at the next regular]y-scheduled
Council meeting. After approval, said minutes shall be posted on the Town of Agawam website
as well as posted in the Office of the City Clerk in compliance with Massachusetts General Laws
governing public meetings, as well as in the Agawam Public Library.
(b) Minutes of all special meetings and Sub-Committee meetings shall be recorded
and maintained in written form. The Sub-Committee Chair person shall designate a recording
secretary from its committee members. The minutes shall be recorded and submitted to the City
Council Administrative Assistant in a timely manner prior to the next regularly-scheduled City
Council meeting. The minutes shall reflect:
(1) The date, time and place of the meeting;
(2) The members recorded as either present or absent;
(3) A general description of all matters proposed, discussed or decided; and
(4) A record of any votes or recommendations taken (See Rule 22).
(c) Minutes of all executive session meetings shall not be available to the public until
such time as the City Council determines that it is no longer necessary to protect the public
interest or the privacy of the matter on which it met or such matter has been released by the
Courts.
9
(d) Copies of all minutes shall be kept in the Office of the City Council and any
video/audio recordings shall also remain in the Council Office for public review.
A copy of the video may be requested in writing and there shall be a fee for costs associated with
the copying of said video assessed to the person(s) requesting it.
Rule 21 —Presentation of Petitions, Memorials and Remonstrances
(a) Remonstrance is defined as (1) an expression of protest, complaint, or reproof,
especially a formal statement of grievances; (2) an act of expressing earnest opposition or
protest; and (3) earnest presentation of reasons for opposition or grievance i.e. a document
formally stating such points.
(b) Resolutions, petitions, etc. or subjects requiring action by the Council under this
Agenda item must be introduced and sponsored by a member of the Council or the Mayor.
(c) All Resolutions shall be presented to the Council in typed written form. Prior to
consideration of these documents by the Council said documents shall be reviewed as to form
and legality by the City Solicitor.
(d) All Resolutions shall first appear under New Business and at the next regularly
scheduled meeting of the City Council shall be moved to Old Business upon which a discussion
will be had and action of the City Council shall be taken,
Rule 22 —Referral to Sub-Committees
(a) When an Order, Resolution or Ordinance relates to a subject which should
properly be examined and reported upon by a standing Sub-Committee of the City Council, such
Order, Resolution or Ordinance shall upon presentation be referred by the Council President to
such committee and must be reported back by the committee. All petitions, remonstrances,
memorials, communications or any other matter before the City Council may be referred as
follows:
• To a standing Sub-Committee of the City Council
• To a special committee of the City Council
• To the Mayor
To Boards or Commissions
(b) Any matter may be referred to an Ad Hoc Committee, advisory committee or
Board for advice sought by the City Council.
(c) Should a matter be referred to more than one Sub-Committee, it is recommended
that those committees have one or more joint meetings of the Chairpersons or the Full
Committee to assure the information brought before the Full Council is unified or any
discrepancies between Sub-Committees clearly noted, all following the guidelines of the Open
Meeting Laws.
(d) After referral, it is the discretion of the Sub-Committee Chairperson to determine
if a meeting of the Sub-Committee is necessary. If a Sub-Committee meeting is held, the Sub-
Committee may take a vote for a recommendation to the Full Council on each item on the
Agenda.
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(e) The Chairperson of the Sub-Committee is responsible for notifying the City
Council Administrative Assistant to book the Sub-Committee meeting and specify any
Department Heads and/or other persons of interest to be invited to the meeting.
Rule 23—Elections
The City Council appoints vacancies on the Zoning Board of Appeals as well as the Community
Preservation Act Committee. When a vacancy arises or a term expires, the Council
Administrative Assistant is responsible to contact in writing the person(s) and get a letter of
intent on whether he/she wishes to be re-appointed to that position. If a person wishes to resign
from the position, notification must be submitted in writing to the City Council Office.
Vacancies shall be advertised in the local newspaper. An election shall take place in a timely
fashion with the item(s) being placed on the Council Agenda for a vote of the Council.
Rule 24—Public Hearings
A Legal Notice of Public Hearing must be advertised in a local newspaper no less than fourteen
(14) days prior to the suggested date of the public hearing (as stated in Article 5-2 (a) in the
Town Charter) and if necessary, abutters shall also be notified via certified mail with a Legal
Notice of Public Hearing. Proponents and opponents shall be allowed time for the presentation
of their respective cases to the City Council during all public hearings before the City Council.
All Public Hearings will be subject to the following conditions:
• Each speaker has ten minutes total, if needed, to present the subject of his or her concern,
both for and against the subject matter on hand.
• Time limits may only be extended by a majority vote of Council members present at the
meeting.
• Questions by members of the City Council shall be allowed only after the speaker's
allotted time has expired or after said speaker has terminated his/her presentation.
• No speaker will be allowed to bequeath time to another or for another speaker.
• Any person shall have the right to be recorded for or against the subject being heard.
• After close of all hearings, no further evidence, oral or written, may be presented.
• The City Council President or Presiding Officer of a hearing shall preserve order and
decorum.
• Any person shall be allowed to address the City Council only once on any given subject
or topic being heard unless the City Council has a question of that person and he/she
may be asked to return to the podium.
No person shall address a public meeting of the City Council without permission of the Presiding
Officer or having signed up for Citizen's Speak Time prior to the meeting and all persons shall,
at the request of the Presiding Officer, be silent. If, after warning from the Presiding Officer, a
person persists in disorderly or disruptive behavior, said officer may order him/her to withdraw
from the meeting, and, if he/she does not withdraw, may order a police officer or any other
person to remove him/her to some convenient place until the meeting is adjourned.
I I
Rule 25—Old Business
Old Business first appears as New Business and then is moved to Old Business. Any
Resolutions or Petitions will appear under Item 6 of the Council Agenda "Presentations of
Petitions, Memorials and Remonstrance s". Any Public Hearing items will appear under Item 9
"Public Hearing" and any Ordinances or Town Orders (such as financial transfers) shall appear
under Item 10 "Old Business". All items can be acted on in one meeting except Ordinances
which shall require two (2) readings, therefore requiring the item to appear at least twice under
Old Business.
Rule 26—New Business
New Business is classified as any Resolution, Ordinance, Petition, Public Hearing Notice, Town
Order, etc. which must be submitted to the City Council Office by 12:00prn on the Thursday
prior to a regularly-scheduled City Council meeting. Any letters or written explanation
providing back-up to the Agenda item must be included. These must also have an originally
signed copy by the Mayor, Auditor or City Solicitor, depending on the type of item.
If the item appears as New Business suggesting a Public Hearing date, the Presiding Officer will
declare the suggested date to ensure availability of the Council.
Rule 27—Ordinances
(a) All Ordinances shall require two (2) separate readings by the Council after first
appearing under New Business and the second shall never be had on the same day as the first.
(b) Ordinances shall require a minimum of eight (8) votes of the City Council for
passage.
(c) All Ordinances shall first be reviewing by the City Solicitor as to form and
legality and be clearly expressed in its title as to what the subject of the Ordinance is.
(d) All Ordinances shall be referred to the City Council Ordinance Sub-Committee
and the Sub-Committee shall report said Ordinance to the City Council at the subsequent
meeting. The Ordinance shall stand for final action in accordance with the report of the
committee.
(e) When passed by the City Council, an Ordinance shall be signed by the Presiding
Officer and then submitted to the Mayor, after which said Ordinance shall be filed and preserved
in the office of the City Clerk.
Rule 28—Motions Out of Order
The Presiding Officer may at any time, by a majority vote of the members elected, permit a
member to move an Ordinance, Resolution or Motion out of regular order.
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Rule 29—Any item that may legally come before the City Council
The Presiding Officer shall go in whatever order he/she so chooses and provides each councilor
the opportunity to speak upon any such matter that was not included in the Agenda. This item
should pertain only to matters concerning the City Council such as setting meetings, supplying
information concerning the City Council and the like.
Rule 30—Votes Reguired
(a) The votes shall be taken upon the passage of all Ordinance, Resolutions,
Appropriations, Transfers and Town Orders by Roll Call and entered upon the official record of
the Council.
(b) When the City Council is in doubt as to the number of votes required to pass a
measure or if the measure contains a tax or fee to be assessed to the residents of the City of
Agawam, the Council President, as the Parliamentarian, has the right to determine the number of
votes required to pass the measure.
(c) All matters incurring debts shall comply with Massachusetts General Law,
Chapter 44, Section 2.
Please see the attached Schedule A (voting schedule)
Rule 31 —Request for Legal Opinions
Any member of the City Council may request, in writing, written legal opinions relating to town
business and involving matters within the authority of the City Council and for purposes of
inquiry request an opinion or advice on town legal matters from the City Solicitor.
Rule 32 —Budget Review
Five (5) Budget Sub-Committees as listed below will be named by the Council President to
review the annual Operating Budget and Capital Improvement Budget.
COMMITTEE NAME ITEMS REVIEWED
School Budget Committee School Budget
(Five council members)
Operating Budget Committee#1 City Council
(Three council members) Mayor
IT/Data Processing
Accountant/Auditor
Clerk
Treasurer/Col lector
Assessor
Law Department
Elections & Registrations
Council on Aging
Board of Appeals
Line Items
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Operating Budget Committee #2 Fire
(Three council members) Police
Weights & Measures
Building Inspector
Community Development
Veterans' Services
Health Department
Agawam Country Club
Operating Budget Committee#3 DPW Administration
(Three council members) Highway & Grounds Maintenance
Engineering
Motor Vehicle Maintenance
Parks & Recreation
Library
Building Maintenance
Water Department
Waste Water Department
Capital Improvement Budget Committee Capital Improvement Budget
(Five council members)
The School Budget Sub-Committee shall issue a report to the Full Council within thirty (30)
days of the completion of the budget hearing and copies of the proposed budget will be
submitted to all Council members. After submission of the annual Operating Budget by the
Mayor to the Council, a workshop shall be conducted in order to review with the School
Department staff in attendance.
In the event that the Commonwealth of Massachusetts delays the issuance of Cherry Sheets and
this delay prohibits the Mayor from presenting the Operating Budget to the Council with enough
time to follow the above-described budget review process before the Council's approval deadline
(in accordance with Massachusetts General Laws), this rule shall become subject to the
discretion of the Council President, who then shall, as he/she sees fit, schedule a workshop with
the Mayor to review the Operiiting Budget in as many meetings as it takes for the Council to
fully gather the information it deems necessary to grant final approval of the Operating Budget.
Rule 33—Inquiries and Investigations
The City Council shall with an affirmative majority vote of the Full Council conduct an inquiry,
hearing or investigation of any department, department head, and/or employees and City
officials.
The procedure to be taken by the City Council shall be as follows:
The City Solicitor and Prosecutor shall be excluded as legal counsel from all hearings and
Executive Sessions held by the City Council for purposed of investigation of any City
official or department.
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• If requested by the City Council, an attorney whose services shall be employed for
purposed of inquiry or investigation, and shall be subject to approval by the majority of
the Full Council.
• Funds shall be used from the account entitled the City Council "Professional Consultant
Services" to pay for services rendered by the attorney employed by the City Council for
said inquiry or investigation.
• All subpoenas and letter of notices to witnesses and/or subjects of discussion shall be
included in the duties of the legal counsel employed by the City Council. It is understood
that the witnesses may waive the subpoena and voluntarily come forward.
• All written notices requiring forty-cight (48) hours notice prior to any hearings shall be
hand-delivered to persons by the Police Department as authorized by the Administrative
Assistant to the City Council.
• The City Council may, by an affirmative vote of the majority of the Full Council,
establish a three (3) person committee appointed by the Council President to hear
testimony, collect evidence and present facts to the Full Council in Executive Session.
• The meetings of the City Council and/or Sub-Committee, unless otherwise requested by
the individual or department involved, may be held in Executive,Session. They shall also
be conducted in accordance with the Open Meeting Law, Massachusetts General Laws
Chapter 3 OA, §I I A 1/2.
• The proceedings of the meetings shall be recorded and transcribed verbatim and provided
to the Full Council along with a copy of the Sub-Committee findings.
• The Sub-Committee will report its findings and recommendations to the Full Council.
• The Full Council will make the final determination and shall take any action they deem
necessary.
Rule 34—Suspension and Amendment of these Rules
(a) Any provision of these rules not governed by the Town Charter may be
temporarily suspended by a vote of a majority of the City Council. The vote on any such
suspension shall be taken by roll call and entered upon the record.
(b) These rules may be amended, or new rules adopted, by a majority vote of all
members of the City Council, provided that the proposed amendments or new rules shall have
been introduced into the record as required herein.
15
SCHEDULE A
Salary Ordinance 2/3 Majority Vote of the City Council or 8 votes
(MGL Chapter 44, §33A)
Transfer from One Department to 2/3 Majority Vote of the City Council or 8 votes
Another Department (MGL Chapter 44, §3 3 B)
Transfer from Reserve Fund Majority of the Full Council or 6 votes
(MGL Chapter 44, §5A)
Transfer within a Department Majority of the Full Council or 6 votes
(MGL Chapter 44, §33B)
Transfer from Stabilization Fund 2/3 Vote of those Present and Voting
Supplementary Budget Majority of the Full Council or 6 votes
(MGL Chapter 44, §32)
Any Appropriation Majority of the Full Council or 6 votes
(MGL Chapter 44, §32)
Receipt of a Monetary Gift Majority of the Full Council or 6 votes
(MGL Chapter 44, §32)
Creation of a New Position Reorganization Majority Vote of those Present and Voting
Confirmation of Appointments Majority Vote of those Present and Voting
Emergency Preamble 2/3 Vote of those Present and Voting
Elections Majority of Those Entitled to Vote
Citizen's Petition Majority Vote of those Present and Voting
Resolutions(TR's) Majority Vote of those Present and Voting
Orders(TO's) Majority Vote of those Present and Voting
Ordinances(TOR's) 2/3 Majority Vote of the Full Council or 8 votes
(MGL Chapter 40A, §5)
Zone Changes 2/3 Majority Vote of the Full Council or 8 votes
(MGL Chapter 40A, §5)
Zoning Ordinances 2/3 Majority Vote of the Full Council or 8 votes
(MGL Chapter 40A, §5)
Incurring a Bond Debt 2/3 Majority Vote of the Full 6uncil or 8 votes
(MGL Chapter 44, §2)
(rev 10/12/11)
16
AGAWAM CITY COUNCIL
R ULES AND
REGULATIONS
INDEX
Rule 9 page
Index 2
1 Authority 2
2 Regular Meetings 3
3 Special Meetings 3
4 Election & Duties of the Presiding Officer 4
5 Call to Order 5
6 Rules of Order 5
7 Agenda Review 5
8 Quorum 5
9 Committee Appointments 5
10 Standing Sub-Committees 6
11 Decorum 6
12 Enforcement of Decorum 6
13 Rights & Duties of Council Members 7
14 Policies related to City Council Personnel 7
15 Riling Deadline 7
16 Form of Reports 8
17 Order of Business 8
18 Roll Call, Order of Vote 8
19 Citizen's Speak Time 8
20 Minutes 9
21 Presentation of Petitions, Memorials & Remonstrances 10
22 Referral to Sub-Committees 10
23 Elections 11
24 Public Hearings 11
25 Old Business 12
26 New Business 12
27 Ordinances 12
28 Motions Out of Order 12
29 Any item that may legally come before the City Council 13
30 Votes Required 13
31 Request for Legal Opinions 13
32 Budget Review 13
33 Inquiries & Investigations 14
34 Suspending & Amending of these Rules 15
Schedule A (voting schedule) 16
2
TOWNOFAGAWAM
CITY COUNCIL RULES OF ORGANIZATION AND PROCEDURE
Rule I —Authority
(a) Except as otherwise prohibited by law or the Charter in the Code of the Town of
Agawam, Massachusetts, all powers shall be vested in the City Council who shall provide for the
exercise and performance of all duties and obligations imposed on the town by law. The City
Council may determine its own rules of procedure for meetings. The following set of rules shall
be in effect upon their adoption by the City Council and until such time as they are amended or
new rules are adopted.
(b) In the event that any section or clause in these rules conflicts with applicable law,
Town Charter or ordinance shall control and such conflict shall not affect any other provisions of
these rules and to this end the provisions of these rules are declared to be severable.
Rule 2—Regular Meetings
(a) All regular meetings of the City Council shall be open to the public and shall be
held on the first and third Mondays of the month except for the months of July and August where
it shall be held only on the first Monday of those months. If the regularly scheduled City
Council meeting falls on a holiday, the Council shall meet on the following day. In October and
November, the City Council shall have their meeting the day immediately following any local,
state or federal Election Day.
(b) The regular City Council meetings shall commence at 7:00pm and not adjourn
until such time as the business of the Town of Agawam is completed.
(c) The regular City Council meetings shall be held in the Auditorium of the Roberta
G. Doering School located at 68 Main Street, Agawam, Massachusetts unless otherwise noted
and properly posted.
(d) Except for Executive Sessions as permitted by state law, all regular meetings of
the City Council and its committees shall be open to the public, subject to recording by various
means by prior arrangement with the Council President, provided that such arrangements do not
interfere with the orderly conduct of the meetings and are done under such rules as the Council
may prescribe.
Rule 3—Special Meetings
(a) As stated in the Charter, the Council President or any three (3) members of the
Council may call Special Meetings of the Council whenever, in their opinion, the public business
may require it.
(b) Whenever a Special Meeting shall be called, a notice in writing, signed by the
Council President or Presiding Officer shall be posted in the City Clerk's office and served upon
each member of the Council either in person or by notice left at their place of residence, stating
the date and hour of the meeting and the purpose for which such meeting is called and no
business shall be transacted at the meeting except such as is stated in the notice.
3
(c) No Special Meeting, except an emergency meeting as determined by the Council
President, shall be held until notice complying with the Open Meeting Law has been given by
the Council Administrative Assistant at least forty-eight (48) hours after the call is issued.
(d) Executive Sessions shall be held in accordance with the provisions of the Open
Meeting Law.
Rule 4—Election and Duties of the Presiding Office
(a) After a new City Council has been sworn in a new Council President and Vice
President shall be elected during the first meeting in January of the new year. The President and
Vice President shall serve at the Council's pleasure and unless otherwise indicated.
(b) The first meeting in January after a new Council has been sworn in shall be
known as a Reorganizational Meeting where the only business conducted shall be the election of
Presiding Officers. The position of President and Vice President shall be listed individually on
the Council Agenda and require a majority vote of the Full Council for passage.
(c) The oldest member of the City Council sits to the left of the President. The oldest
member shall also chair this first meeting prior to the election of the officers. After election of
officers, the Vice President shall sit to the right of the newly-elected Council President and the
eldest member shall sit to his/her left.
(d) The seats of the City Council shall be numbered and determined by lot at this
Reorganizational Meeting. No member shall change his/her seat except by permission of the
President.
(e) The duties of the Presiding Officers where applicable shall be in accordance with
Roberts' Rules of Order.
(f) During the absence or disability of the President, the Vice President shall
discharge the duties and exercise the powers and authority of the President. In the absence of
both the President and Vice President, the most senior member in age on the Council shall
preside. Said council member shall discharge the duties and exercise the powers and authority of
the President.
�(g) In the event the President or Vice-President of the City Council resigns or is
called upon to act as Mayor in a permanent fashion, the City Council will hold elections to
determine a new President and/or Vice-President.
(h) The President shall preserve order and decorum at all regular and special meetings
of the City Council and confine members in debates pertaining to the question under discussion.
(i) The President shall sign all ordinances, resolutions and measures adopted by the
Council during his/her presence. In the event of the absence of the President, the Presiding
Officer shall sign ordinances, resolutions and measures as then adopted.
0) When the President wishes to participate in a debate, he/she may call the Vice
President or in his/her absence, the most senior member to temporarily chair the meeting in order
4
to take part in the debate. After expressing his/her opinion on the issue, he/she may return to the
chair if not objected to by the majority of the Council present.
(k) All Rules and Regulations of the City Council shall be given to every newly-
elected City Councilor within two (2) weeks from the date of his/her election.
(1) The President shall be classified as the Department Head. As such, he/she is
responsible for any and all administrative decisions and actions with respect to the City Council
and its personnel.
Rule 5—Call to Order
(a) The Presiding Officer shall take the chair at the hour appointed for the meeting
and shall immediately call the Council to order.
(b) In the absence of the President and the Vice President, the oldest councilor is to
preside as temporary Chair and upon the arrival of the President or Vice President; the temporary
Chair shall immediately relinquish the position of the Presiding Officer upon the conclusion of
the business immediately before the Council.
Rule 6—Rules of Order
The City Council Rules and Regulations shall govern the proceedings of the Council in all cases,
unless they are in conflict with the Town Charter or other Massachusetts General Laws in which
case the Charter and/or Mass. General Law shall apply.
Rule 7—Agenda Review
Prior to any Regular or Special City Council meeting, the Mayor may conduct an Agenda review
meeting to review the Council Agenda with the Council President and/or Council Vice-
President. No more than three (3) other City Council members may also attend said Agenda
Review meeting on an alternative rotating basis. Attendance at any one Agenda Review meeting
shall not exceed five (5) City Council members, including the Council President and Council
Vice-President.
Rule 8—Ouorum
A majority of the members of the City Council shall constitute a quorum and be necessary for
the transaction of business. If, at the time any meeting is called to order, a quorum is not present
and if, after a recess of not more than thirty (30) minutes, a quorum is still not present, the
President shall declare the meeting adjourned to a later time and those in attendance shall be
named.
Rule 9. Committee Appointments
After the Reorganizational Meeting, all Sub-Committees shall be appointed and announced by
the President unless otherwise provided for or specifically directed by the City Council. Any
member shall have the right to appear before any Sub-Committee of the City Council and be
heard. The Chairperson of any Sub-Committee may cancel a scheduled meeting for cause;
otherwise, the senior member by length of service shall preside at the scheduled Sub-Committee
5
meeting. The Chairperson shall assign the task of secretary to a Sub-Committee member to take
minutes at any such Sub-Committee meeting.
Rule 10—Standing Sub-Committees
The standing Sub-Committees of the City Council shall serve yearly and address themselves to
the issues under their respective jurisdiction. The Council President or Presiding Officer shall
refer Agenda items to the appropriate Sub-Committee for review (see Rule 22). The Sub-
Committee shall provide verbal reports and written minutes of such matters it has reviewed.
These minutes shall be submitted to the Council Administrative Assistant in a timely manner
(see Rule 20(b)).
A call of standing Sub-Committees shall be executed by the Council President at the first
meeting in April, August and December, at which time the Sub-Committee chairperson shall
review and present a brief report of the goals, objectives and actions of their respective Sub-
Committees and report to any continuing work. A call of the City Auditor shall also be executed
by the Council President at the first meeting in April, August and December, at which time the
City Auditor shall review and present a brief report of the goals, objectives and action of his/her
Accounting Department and report to any continuing work.
• Committee on Rules& Regulations
• Committee on Ordinances
• Committee on Utilities & Street Acceptance
• Conimittee on Licenses
• Committee on Finance
• Committee on Public Safety
• Committee on Zoning Review
• Committee on Industrial Relations
• Any and all Ad Hoc Sub-Committees
Rule 11 —Decorum
(a) While the Council is in session, the members must preserve order and decorum,
and a member shall, neither by conversation or otherwise, delay or interrupt the proceedings or
the peace of the Council or disturb any member while speaking or refuse to obey the orders of
the Council or its Presiding Officer, except as otherwise herein provided.
(b) Any person making personal, impertinent, or slanderous remarks or who shall
become boisterous while addressing the Council shall be asked to remove themselves from
Council Chambers, forthwith, by the Presiding Officer.
Rule 12—Enforcement of Decorum
(a) At the will of the Presiding Officer, the Chief of Police, or such member or
members of the Police Department as he may designate, shall be Sergeant-at-Arms of the City
Council meetings. He/she or they shall carry out all orders and instructions given by the
Presiding Officer for the purpose of maintaining order and decorum at the City Council meeting.
(b) Upon instructions of the Presiding Officer, it shall be the duty of the Sergeant-at-
Arms to remove any person(s) who violates the order and decorum of the meeting.
6
Rule 13 - Rights and Duties of Council Members
The members' right to speak shall be in accordance with Roberts' Rules of Order. Any Council
member shall have the right to have the reasons for his/her dissent from, or protest against, any
action of the Council entered into the minutes.
In the event the President wishes to speak on the subject matter of an issue or article of
legislation before the Full Council, the President shall turn such Council meeting over to the
Council Vice President while the President is so addressing the Council. The President shall
resume the chair after his/her presentation.
Rule 14—Policies rclated to City Council Personnel
(a) The City Auditor and Council Administrative Assistant
• The City Auditor is a non-union position but is classified as a Department Head
level position.
• The Administrative Assistant to the City Council is also a non-union position and
is classified as an Administrative/Clerical position as per contract between the
City of Agawam and the affiliated union.
• The City Auditor and the Administrative Assistant to the City Council shall have
their performances evaluated annually by the City Council.
• The City Council, per Town Code, shall elect or re-elect the City Auditor and
Administrative Assistant to the City Council on the non-election years. This will
allow the Full Council to have one year's worth of experience to adequately
evaluate said employee's performance in accordance herewith. These elections
shall be during the first regularly-scheduled meeting in January after the first full
year of a new City Council.
(b) The Zoning Board of Appeals and the Community Preservation Act Committee
are also under the jurisdiction of the City Council. (See attached Schedule C)
Rule 15—Filing Deadline
No new item may be included on a Regular City Council Agenda unless said item is submitted to
the Administrative Assistant to the City Council in writing by Thursday, 12:00 noon, prior to a
regularly scheduled meeting of the City Council. At the time of submission of any item of
business for the Council Agenda, the person of persons proposing the measure shall submit
supporting information or documentation sufficient to specify the nature of the business to be
considered by the City Council. In the event a City Councilor is unable to submit a proposed
item personally, he or she can authorize the Administrative Assistant to the City Council to
submit the item by telephone message or email. The Administrative Assistant to the City
Council shall compile an Agenda of all such proposed Orders, Ordinances and other New
Business along with the Agenda of the Old Business remaining before the City Council and shall
see that a copy of the completed Agenda is delivered to the place of residence of each member of
the City Council. The Administrative Assistant to the City Council shall include the name of the
member or members proposing an item of Agenda. Any Orders, Resolutions and Ordinances
shall be sponsored only by the Mayor or by a member of the City Council
7
Rule 16—Form of Reports
All reports and other papers submitted to the City Council shall be in writing, properly endorsed,
and all the appropriate supplemental information attached thereto. Eighteen (18) copies shall be
included with the original for distribution to the Full Council, the Mayor, the Solicitor as well as
the press. If such reports, documents or papers submitted shall be solely for the City Council,
they should be clearly labeled "Council Only" and submitted with eleven copies along with the
original.
Rule 17—Order of Business
At every regular City Council Meeting, unless otherwise determined by a majority of the
members present, the order of business shall be as follows:
• Item I Roll Call
• Item 2 Moment of Silence and the Pledge of Allegiance
• Item 3 Citizen's Speak Time
• Item 4 Approval of Minutes
• Item 5 Declaration from Council President
• Item 6 Presentation of Petitions, Memorials and Rcmonstrances
• Item 7 Reports of Council Committees
Item 8 Elections
Item 9 Public Hearings
Item 10 Old Business
Item I I New Business
Item 12 Any other matter that may legally come before the City Council
No person shall address a public meeting of the City Council without permission of the Presiding
Officer or having signed up for Citizen's Speak Time prior to the meeting and all persons shall,
at the request of the Presiding Officer, be silent. If, after warning from the Presiding Officer, a
person persists in disorderly or disruptive behavior, said officer may order him/her to withdraw
from the meeting, and, if he/she does not withdraw, may order a police officer or any other
person to remove him/her to some convenient place until the meeting is adjourned.
Rule 18 —Roll'Call, Order of Vote
The order of voting shall be by Roll Call in alphabetical order, The first to vote shall be
determined by alphabetical order rotation at the beginning of each Regular or Special Meeting.
This order shall start from the beginning alphabetical order at the first meeting in January. If a
councilor is not present during the City Council meeting at which his/her position is the first to
vote, then said councilor shall forego his/her opportunity to vote in the first position. The next
meeting's voting order will begin with the next councilor following the alphabetical order.
Rule 19—Citizen's Speak Tim
The Agawam City Council shall provide a Citizen's Speak Time during each Regular City
Council Meeting. At this time any Agawam registered voter, Agawam business owner, or
Agawam property owner may address the Council. Citizen's Speak Time is subject to the
following conditions: "double cireck on legality of this"
8
• After being recognized by the Council President or Presiding Officer, the person shall
state his/her name, address and subject he/she wishes to speak on for the record.
• Speak time shall be only at the regular meetings of the City Council.
• Each speaker shall have up to five (5) minutes, if needed, to present the subject of his or
her concern, unless otherwise permitted by the Council President and/or a majority of the
council members present.
• The time shall be kept by the Council Administrative Assistant with a warning of one
minute remaining.
• No speaker will be allowed to bequeath time to another or for another speaker.
• Prior to the meeting each speaker must show his or her desire to speak by giving name,
address and the subject to be presented on a sign up sheet which is provided for this and
is placed upon the podium where the person shall speak. At two minutes prior to the
beginning of the Council meeting, the Council Administrative Assistant shall bring this
list to the President or Presiding Officer. Once the meeting has commenced, no person
shall be able to speak during Citizen's Speak Time unless his/her name is on the sign up
sheet.
• There shall be no dialogue exchanged between the citizen and any City Council member.
This is for citizen input only.
• The City Council President or Presiding Officer of the meeting shall maintain order and
decorum.
• Any person making personal, impertinent, or slanderous remarks or who shall become
boisterous while addressing the Council shall be asked to remove themselves from
Council Chambers, forthwith, by the Presiding Officer.
Rule 20—Minutes
(a) Minutes of all regular City Council meetings shall be recorded by both video and
audio means and transcribed verbatim by the City Council Administrative Assistant. These
minutes shall be distributed to the City Council to be approved at the next regularly-scheduled
Council meeting. After approval, said minutes shall be posted on the Town of Agawam website
as well as posted in the Office of the City Clerk in compliance with Massachusetts General Laws
governing public meetings, as well as in the Agawam Public Library.
(b) Minutes of all special meetings and Sub-Committee meetings shall be recorded
and maintained in written form. The Sub-Committee Chair person shall designate a recording
secretary from its committee members. The minutes shall be recorded and submitted to the City
Council Administrative Assistant in a timely manner prior to the next regularly-scheduled City
Council meeting. The minutes shall reflect:
(1) The date, time and place of the meeting;
(2) The members recorded as either present or absent;
(3) A general description of all matters proposed, discussed or decided; and
(4) A record of any votes or recommendations taken (See Rule 22).
(c) Minutes of all executive session meetings shall not be available to the public until
such time as the City Council determines that it is no longer necessary to protect the public
interest or the privacy of the matter on which it met or such matter has been released by the
Courts.
9
(d) Copies of all minutes shall be kept in the Office of the City Council and any
video/audio recordings shall also remain in the Council Office for public review.
A copy of the video may be requested in writing and there shall be a fee for costs associated with
the copying of said video assessed to the person(s) requesting it.
Rule 21 —Presentation of Petitions, Memorials and Remonstrances
(a) Remonstrance is defined as (1) an expression of protest, complaint, or reproof,
especially a formal statement of grievances; (2) an act of expressing earnest opposition or
protest; and (3) earnest presentation of reasons for opposition or grievance i.e. a document
formally stating such points.
(b) Resolutions, petitions, ctc. or subjects requiring action by the Council under this
Agenda item must be introduced and sponsored by a member of the Council or the Mayor.
(c) All Resolutions shall be presented to the Council in typed written form. Prior to
consideration of these documents by the Council said documents shall be reviewed as to form
and legality by the City Solicitor.
(d) All Resolutions shall first appear under New Business and at the next regularly
scheduled meeting of the City Council shall be moved to Old Business upon which a discussion
will be had and action of the City Council shall be taken.
Rule 22 —Referral to Sub-Committees
(a) When an Order, Resolution or Ordinance relates to a subject which should
properly be examined and reported upon by a standing Sub-Committee of the City Council, such
Order, Resolution or Ordinance shall upon presentation be referred by the Council President to
such committee and must be reported back by the committee. All petitions, rcmonstrances,
memorials, communications or any other matter before the City Council may be referred as
follows:
• To a standing Sub-Committee of the City Council
• To a special committee of the City Council
• To the Mayor
• To Boards or Commissions
(b) Any matter may be referred to an Ad Hoc Committee, advisory committee or
Board for advice sought by the City Council.
(c) Should a matter be referred to more than one Sub-Committee, it is recommended
that those committees have one or more joint meetings of the Chairpersons or the Full
Committee to assure the information brought before the Full Council is unified or any
discrepancies between Sub-Committees clearly noted, all following the guidelines of the Open
Meeting Laws.
(d) After referral, it is the discretion of the Sub-Committee Chairperson to determine
if a meeting of the Sub-Committee is necessary. If a Sub-Committee meeting is held, the Sub-
Committee may take a vote for a recommendation to the Full Council on each item on the
Agenda. **Is this what everyone actually wants?"
10
(e) The Chairperson of the Sub-Committee is responsible for notifying the City
Council Administrative Assistant to book the Sub-Committee meeting and specify any
Department Heads and/or other persons of interest to be invited to the meeting.
Rule 23—Elections
The City Council appoints vacancies on the Zoning Board of Appeals as well as the Community
Preservation Act Committee. When a vacancy arises or a term expires, the Council
Administrative Assistant is responsible to contact in writing the person(s) and get a letter of
intent on whether he/she wishes to be re-appointed to that position. If a person wishes to resign
from the position, notification must be submitted in writing to the City Council Office.
Vacancies shall be advertised in the local newspaper. An election shall take place in a timely
fashion with the item(s) being placed on the Council Agenda for a vote of the Council.
Rule 24—Public Hearings
A Legal Notice of Public Hearing must be advertised in a local newspaper no less than fourteen
(14) days prior to the suggested date of the public hearing (as stated in Article 5-2 (a) in the
Town Charter) and if necessary, abutters shall also be notified via certified mail with a Legal
Notice of Public Hearing. Proponents and opponents shall be allowed time for the presentation
of their respective cases to the City Council during all public hearings before the City Council.
All Public Hearings will be subject to the following conditions:
Each speaker has ten minutes total, if needed, to present the subject of his or her concern,
both for and against the subject matter on hand.
Time limits may only be extended by a majority vote of Council members present at the
meeting.
Questions by members of the City Council shall be allowed only after the speaker's
allotted time has expired or after said speaker has terminated his/her presentation.
No speaker will be allowed to bequeath time to another or for another speaker.
Any person shall have the right to be recorded for or against the subject being heard.
After close of all hearings, no ftirther evidence, oral or written, may be presented.
The City Council President or Presiding Officer of a hearing shall preserve order and
decorum. -
Any person shall be allowed to address the City Council only once on any given subject
or topic being heard unless the City Council has a question of that person and he/she
may be asked to return to the podium.
No person shall address a public meeting of the City Council without permission of the Presiding
Officer or having signed up for Citizen's Speak Time prior to the meeting and all persons shall,
at the request of the Presiding Officer, be silent. If, after warning from the Presiding Officer, a
person persists in disorderly or disruptive behavior, said officer may order him/her to withdraw
from the meeting, and, if he/she does not withdraw, may order a police officer or any other
person to remove him/her to some convenient place until the meeting is adjourned.
I
Rule 25—Old Business
Old Business first appears as New Business and then is moved to Old Business. Any
Resolutions or Petitions will appear under Item 6 of the Council Agenda "Presentations of
Petitions, Memorials and Remonstrances". Any Public Hearing items will appear under Item 9
"Public Hearing" and any Ordinances or Town Orders (such as financial transfers) shall appear
under Item 10 "Old Business". All items can be acted on in one meeting except Ordinances
which shall require two (2) readings, therefore requiring the item to appear at least twice under
Old Business. "what about bonding issues?"
Rule 26—New Business
New Business is classified as any Resolution, Ordinance, Petition, Public Hearing Notice, Town
Order, etc. which must be submitted to the City Council Office by 12:00pm on the Thursday
prior to a regularly-scheduled City Council meeting. Any letters or written explanation
providing back-up to the Agenda item must be included. These must also have an originally
signed copy by the Mayor, Auditor or City Solicitor, depending on the type of item.
If the item appears as New Business suggesting a Public Hearing date, the Presiding Officer will
declare the suggested date to ensure availability of the Council.
Rule 27—Ordinances
(a) All Ordinances shall require two (2) separate readings by the Council after first
appearing under New Business and the second shall never be had on the same day as the first.
(b) Ordinances shall require a minimum of eight (8) votes of the City Council for
passage.
(c) All Ordinances shall first be reviewing by the City Solicitor as to form and
legality and be clearly expressed in its title as to what the subject of the Ordinance is.
(d) All Ordinances shall be referred to the City Council Ordinance Sub-Committee
and the Sub-Committee shall report said Ordinance to the City Council at the subsequent
meeting. The Ordinance shall stand for final action in accordance with the report of the
committee.
(e) When passed by the City Council, an Ordinance shall be signed by the Presiding
Officer and then submitted to the Mayor, after which said Ordinance shall be filed and preserved
in the office of the City Clerk.
Rule 28—Motions Out of Order
The Presiding Officer may at any time, by a majority vote of the members elected, permit a
member to move an Ordinance, Resolution or Motion out of regular order.
12
Rule 29—Any item that may legally come before the City Council
The Presiding Officer shall go in whatever order he/she so chooses and provides each councilor
the opportunity to speak upon any such matter that was not included in the Agenda. This item
should pertain only to matters concerning the City Council such as setting meetings, supplying
information concerning the City Council and the like.
kule 30 —Votes Require
(a) I he votes shall be taken upon the passage of all Ordinance. Resolutions
kppropriations Transfers and Town Orders by Roll Call and entered upon the official re
lie Councii=
(b) Anv votes taken for Zone Changes or Zoning Ordinances or whenever incurning
t 81
fL
ond Debt shall required a two-thirds (2/3) majorit , of the Full Council or at least ei ht 9
j
otes. ** specifV number of readings rcquired?*�
(e) -Anv votes taken for Transfers shall require apythin s
g pecific here?*
(d) When the City Council is in doubt as to the number of votes required to pass
measure or if the measure contains a tax or fee to be assessed to the residents of the City 01
Agawam. the Council President, as the Parliamentarian, has the right to determine the number ol
votes required to pass the measurej
(e) All matters incurring debts shall comply with Massachusetts Ge
�_havter 44. Section 2J
Please see the attached Schedule A (voting schedule)
Rule 31 —Request for Legal Opinions
Any member of the City Council may request, in writing, written legal opinions relating to town
business and involving matters within the authority of the City Council and for purposes of
inquiry request an opinion or advice on town legal matters from the City Solicitor.
Rule 32 —Budeet Review
Five (5) Budget Sub-Committees as listed below will be named by the Council President to
review the annual Operating Budget and Capital Improvement Budget.
COMMITTEE NAME ITEMS REVIEWED
School Budget Committee School Budget
(Five council members)
Operating Budget Committee#1 City Council
(Three council members) Mayor
IT/Data Processing
Accountant/Auditor
Clerk
13
Treasurer/Collector
Assessor
Law Department
Elections & Registrations
Council on Aging
Board of Appeals
Line Items
Operating Budget Committee#2 Fire
(Three council members) Police
Weights & Measures
Building Inspector
Community Development
Veterans' Services
Health Department
Agawam Country Club
Operating Budget Committee#3 DPW Administration
(Three council members) Highway & Grounds Maintenance
Engineering
Motor Vehicle Maintenance
Parks & Recreation
Library
Building Maintenance
Water Department
Waste Water Department
Capital Improvement Budget Committee Capital Improvement Budget
(Five council members)
The School Budget Sub-Conunittee shall issue a report to the Full Council within thirty (30)
days of the completion of the budget hearing and copies of the proposed budget will be
submitted to all Council members. After submission of the annual Operating Budget by the
Mayor to the Council, a workshop shall be conducted in order to review with the School
Department staff in attendance.
In the event that the Commonwealth of Massachusetts delays the issuance of Cherry Sheets and
this delay prohibits the Mayor from presenting the Operating Budget to the Council with enough
time to follow the above-described budget review process before the Council's approval deadline
(in accordance with Massachusetts General Laws), this rule shall become subject to the
discretion of the Council President, who then shall, as he/she sees fit, schedule a workshop with
the Mayor to review the Operating Budget in as many meetings as it takes for the Council to
fully gather the information it deems necessary to grant final approval of the Operating Budget.
Rule 33—Inquiries and Invesdizations
The City Council shall with an affirmative majority vote of the Full Council conduct an inquiry,
hearing or investigation of any department, department head, and/or employees and City
officials.
14
The procedure to be taken by the City Council shall be as follows:
• The City Solicitor and Prosecutor shall be excluded as legal counsel from all hearings and
Executive Sessions held by the"City Council for purposed of investigation of any City
official or department.
• If requested by the City Council, an attorney whose services shall be employed for
purposed of inquiry or investigation, and shall be subject to approval by the majority of
the Full Council.
• Funds shall �e used from the account entitled the City Council "Professional Consultant
Services" to pay for services rendered by the attorney employed by the City Council for
said inquiry or investigation.
• All subpoenas and letter of notices to witnesses and/or subjects of discussion shall be
included in the duties of the legal counsel employed by the City Council. It is understood
that the witnesses may waive the subpoena and voluntarily come forward.
• All written notices requiring forty-eight (48) hours notice prior to any hearings shall be
hand-delivered to persons by the Police Department as authorized by the Administrative
Assistant to the City Council.
• The City Council may, by an affirmative vote of the majority of the Full Council,
establish a three (3) person committee appointed by the Council President to hear
testimony, collect evidence and present facts to the Full Council in Executive Session.
• The meetings of the City Council and/or Sub-Committee, unless otherwise requested by
the individual or department involved, may be held in Executive Session. They shall also
be conducted in accordance with the Open Meeting Law, Massachusetts General Laws
Chapter 3 OA, §I I A 1/2.
• The proceedings of the meetings shall be recorded and transcribed verbatim and provided
to the Full Council along with a copy of the Sub-Committee findings.
• The Sub-Committee will report its findings and recommendations to the Full Council.
• The Full Council will make the final determination and shall take any action they deem
necessary.
Rule 34—Sumension and Amendment of these Rules
(a) Any provision of these rules not governed by the Town Char-ter may be
temporarily suspended by a vote of a majority of the City Council. The vote on any such
suspension shall be taken by roll call and entered upon the record.
(b) These rules may be amended, or new rules adopted, by a majority vote of all
members of the City Council, provided that the proposed amendments or new rules shall have
been introduced into the record as required herein.
15
SCHEDULE A
Salary Ordinance 2/3 Ma ority Vote of the City Council or 8 votes
j
(MGL Chapter 44, §33A)
Transfer from One Department to 2/3 Majority Vote of the City Council or 8 votes
Another Department (MGL Chapter 44, §33B)
Transfer from Reserve Fund Majority of the Full Council or 6 votes
(MGL Chapter 44, §5A)
Transfer within a Department Majority of the Full Council or 6 votes
(MGL Chapter 44, §33B)
Transfer from Stabilization Fund 2/3 Vote of those Present and Voting
Supplementary Budget Majority of the Full Council or 6 votes
(MGL Chapter 44, §32)
Any Appropriation Majority of the Full Council or 6 votes
(MGL Chapter 44, §32)
Receipt of a Monetary Gift Majority of the Full Council or 6 votes
(MGL Chapter 44, §32)
Creation of a New Position Reorganization Majority Vote of those Present and Voting
Confirmation of Appointments Majority Vote of those Present and Voting
Emergency Preamble 2/3 Vote of those Present and Voting
Elections Majority of Those Entitled to Vote
Citizen's Petition Majority Vote of those Present and Voting
Resolutions(TR's) Majority Vote of those Present and Voting
Orders(T6,$) Majority Vote of those Present and Voting
Ordinances (TOR's) 2/3 Majority Vote of the Full Council or 8 votes
(MGL Chapter 40A, §5)
Zone Changes 2/3 Majority Vote of the Full Council or 8 votes
(MGL Chapter 40A, §5)
Zoning Ordinances 2/3 Majority Vote of the Full Council or 8 votes
(MGL Chapter 40A, §5)
Incurring a Bond Debt 2/3 Majority Vote of the Full Council or 8 votes
(MGL Chapter 44, §2)
16
(rev 10/12/11
CITY COUNCIL REGULATIONS
1. Street Acceptance
• Any petition filed by owners of land abutting a way, by the Superintendent of Public
Works, or by the Planning Board for Street Acceptance, shall be placed on a Regular
Council Agenda. The petition will then be referred to the Utilities & Street Acceptance
Sub-Committee (hereinafter referred to "the Committee").
• The Committee will schedule a Public Hearing and send Public Hearing notices to all
owners and abutters of the way according to the records of the Office of the Assessor.
The Administrative Assistant to the City Council shall post the Public Hearing notice on
the bulletin board in the office of the City Clerk as well as publish it in a newspaper of
general circulation in the City of Agawam at least fifteen (15) days prior to the scheduled
Public Hearing. The Public Hearing shall be held within seventy-five (75) days of
referral of the petition to the Committee. The Committee shall view the street prior to the
Public Hearing.
• The Committee shall display at the Public Hearing a plan showing the layout of the
proposed public way. If no plan is submitted with the petition, the Department of Public
Works shall provide a cost estimate for preparing a plan to the community which shall
determine if public or private funds are available to prepare the plan. If no public or
private funds are currently available to prepare the plan, the Public Hearing shall be
postponed indefinitely pending the appropriation of funds.
• Voting cannot commence if there is not a quorum present. When the City Council is in
doubt as to the number of votes required to pass a measure or if the measure contains a
tax or fee to be assessed to the residents of the City of Agawam, the Council President, as
Parliamentarian, has the right to determine the number of votes required to pass the
measure.
• The Committee will conduct the Public Hearing (either on site or at a central location
within the community) noting all public comments. The Superintendent of Public Works
shall submit his/her written comments to the Committee regarding any potential present
and future costs to the community of accepting the way at or before the Public Hearing.
• Following the Public Hearing, the Committee will present the petition along with a
summary of public comments and the report of the Superintendent of Public Works to the
Mayor for his/her recommendation which shall be forwarded to the Committee within
thirty(30) days after presentation.
• Upon receipt of the Mayor's recommendation or the expiration of the thirty (30) day
period provided above, whichever shall first occur, the Committee shall prepare and send
Waiver of Damage forms to all owners and abutters of the way according to the records
of the Office of the Assessor. A thirty (30) day period will be allowed for the return of
the Waiver of Damage forms to the City. The Committee shall also prepare an estimate
of Eminent Domain Damages in the event that all owners/abutters do not return the
Waiver of Damage forms. The Committee shall determine if public or private funds are
available to pay the estimate of Eminent Domain damages; the Committee shall
recommend that the petition be tabled indefinitely pending the appropriation of funds.
• Upon the expiration of the thirty (30) day period provided above, the Committee shall
meet and receive the following information (1) public comments at Public Hearings, (2)
the written comments of the Superintendent of Public Works, (3) the recommendation of
the Mayor, (4) the plan, and (5) the estimate of Eminent Domain Damages. After
17
completing its review, the Committee shall formulate its written recommendation to the
Full Council regarding the petition for the Street Acceptance.
The written recommendation of the Committee shall then be placed on the next Regular
City Council Agenda for action by the Full Council. If the petition is passed by the City
Council by a 2/3 majority vote of the entire City Council (8 votes), all recording and
notice requirements of Massachusetts General Laws Chapter 82 shall then be carried out
by the Law Department as an agent of the City Council.
18
Salary Ordinance 2/3 Majority Vote of the City Council or 8 Voks
votes (-,-1
(MGL Chapter 44, §33A)
Transfer from One Department 2/3 Majority Vote of the City Council or 8 V&LR,5
votes
To Another Department (MGL Chapter 44, §33B)
Transfer from Reserve Fund Majority of the Full Council or 6 votes
(MGL Chapter 44, §5A)
Transfer within a Department Majority of the Full Council or 6 votes
(MGL Chapter 44, §33B)
Transferfrom Stabilization Fund 213 Vote of those Present and Voting
Supplementary Budget Majority of the Full Council or 6 votes
(MGL Chapter 44, §32)
Any Appropriation Majority of the Full Council or 6 votes
(MGL Chapter 44, §32)
;>
Receipt of a Monetary Gift Majority of the Full Council or 6 votes
(MGL Chapter 44, §32)
Creation of a New Position Majority Vote of those Present and Voting
Re-organization
Confirmation of Appointments Majority Vote of those Present and Voting
Emergency Preamble 2/3 Vote of those Present and Voting
Elections Majority of Those Entitled to Vote
Citizen's Petition Majority Vote of those Present and Voting
Resolutions Majority Vote of those Present and Voting
Orders Majority Vote of those Present and Voting
City Ordinances Majority Vote of those Present and Voting
Zone Changes 2/3 Majority Vote of the Full Council or 8
votes
(MGL Chapter 40A, §5)
Zoning Ordinances 2/3 Majority Vote of the Full Council or 8
votes C(MGL Chapter 40A, §5)
Incurring a Bond Debt 2/3 Majority Vote of the Full Council or 8 VO�_Cs
votes
C(MGL Chapter 44, §2)