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HomeMy WebLinkAbout00-0103org 00-0103org.txt CORPORATION PROCEEDINGS ORGANIZATION MEETING COMMON COUNCIL CITY HALL - BUFFALO MONDAY, JANUARY 3,2000 at 2:00 P.M. PRESENT: James W. Pitts President of the Council, and Council Members Bonifacio, Brown, Coppola, Ellington, Fisher, Fontana, Golombek, Grant, Gray, LoTempio, Martino, and Williams - 13 ABSENT None - 0. NO. 1 Mrs. LoTempio moved that the attached rules be and hereby are Adopted as the Rules of Order of the Common Council for the years 2000-2001. Seconded by Mr. Fontana ADOPTED. RULES OF ORDER of the COMMON COUNCIL OF THE'CITY OF BUFFALO FOR THE YEARS 2000- 2001 Pursuant to Section 31 of the Charter, the Common Council of the City of Buffalo hereby adopts the following as its Rules of procedure: Rule 1. Stated Meeting. Stated meetings shall be held in the Council Chambers each alternate Tuesday after the biennial organization meeting provided for in Section 29 of the Charter at 2:00 o'clock P.M., unless such Tuesday be a legal holiday, and in such event the meeting shall take place on the following day at the same hour, and further, if such Tuesday shall be Christmas Eve, the meeting shall take place on the preceding Monday at the same hour. However, there shall be no stated meetings held during the month of August. The first stated meeting of the Common Council for the year 2000 shall be on Tuesday, January 3rd. Rule 2. Special Meeting Notice. In addition to the mode of calling special meetings specified in Sec. 30 of the Charter, special meetings of the Council may be called. In the absence or incapacity of the President and the President Pro Tern, by the City Clerk, on the written request of the Mayor or seven Councilmembers. The call for a special meeting shall state the time and purpose of the meeting and shall be filed with the City Clerk. It shall be the duty of the City Clerk to cause a notice of the time and purpose of said special meeting to be served on each member of the Council other than the President or President Pro Tern who called the meeting. Service of said notice upon a member of the Council shall be made by delivering a copy thereof to him personally or by leaving it Page 1 00-0103org.txt at his residence at least twenty-four hours before said meeting, and proof of such service shall be filed with the City Clerk, provided, however, that a statement in writing, signed and acknowledged by a member of the Council and filed with the City Clerk, to the effect that he received twenty-four hours notice of the time and purpose of said special meeting, by telephone or otherwise, shall be deemed personal service of such notice upon him and no further proof of such service shall be required, however, said waiver must be executed by two-thirds of those members present who wish to waive in order to constitute a quorum. No business shall be transacted at a special meeting except that specified in the call for the meeting. Rule 3. Regular Committees. The procedures set forth in these Rules of Order shall apply with equal force and effect to all regular and special committee meetings. There shall be seven regular committees, to wit: Committee on Claims, Committee on Finance, Committee on Legislation, Committee on Community Development, Committee on Civil Service, Committee on Rules and Committee on Education. The Committee on Rules shall consist of three members, of which the President of the Council shall be one. The Committee on Civil Service and the Committee on Claims shall consist of five members each. The Committee on Finance, the Committee on Legislation, the Committee on Community Development and the Committee on Education shall consist of six members each. The Council President, pursuant to Section 26 of the Charter, shall appoint all regular and special committees, and shall designate the chairman of each. The President of the Council shall be ex-officio added as a member to all committees with a vote thereon. When a member of a regular committee is prevented by illness or other good cause from attendance at a committee meeting and in the absence of the Council President, the committee chairman may designate another councilmember to substitute on an as needed basis. Any vacancies occurring during the year on any regular or special committee shall be filled by the President of the council without delay. In case a reference is ordered of any matter before the council, the presiding officer shall direct such reference as follows: The Committee on Claims, all unliquidated claims against the city and release of liabilities; to the Committee on Finance, all Matters concerning the budget and the issuance of bonds" to the Committee on Legislation, all matters relating to local laws, ordinances and general legislation, Page 2 00-0103org.txt except matters referable to the Committee on Civil Service; to the Committee on Community Development, all matters relating to work or improvement to be met In whole or in part by revenue from another government unit, including all matters relating to the Buffalo Urban Renewal programs within the City of Buffalo, to the Committee on Education, all matters relating to the Board of Education, school buildings and school personnel to the Committee on Civil Service, all matters relating to the creation and abolishment of officers and employees; to the Committee on Rules, all matters relating to procedure in the Council and to the office of the City Clerk. Any matter referable under this rule to a regular committee shall not be referred to a special committee. Rule 4. Organization Meeting. At the time fixed by Section 29 of the Charter, the Council shall convene, the President shall take the chair, and after the Roll Call the following shall be the order of business. (1)Adoption of Rules of Order. (2)Appointment of City Clerk. (3)Appointment of Deputy City Clerk. (4)Appointment of Deputy City Clerk - Vital Statistics (5)Election of Majority Leader. (6)Appointment - Council Representative to BURA (7)Election of President Pro Tempore. (8)Appointments - Office of the Council President. (9)Appointment of Senior Legislative Assistant to the Majority. (10)Appointment of Director of Telecommunications (11)Appointment of Deputy Director of Telecommunications (12)Appointment Council Staff Employees. (13)Appointment - Senior Legislative Assistants to Councilmembers (14)Appointment - Legislative Assistants to Councilmembers. (15)Appointment - Legislative Aides to Councilmembers. (16)Announcement of Regular Committees. (17)Announcement of Special Committees. (18)Appointment of Committee Chairmembers. (19) Appointment of Marriage Officers. After this Item the order of business shall be prescribed in Rule 5. Rule 5. Regular Meeting. At the time fixed by Rule 1, the Council shall convene, the President shall take the chair, and the following shall be the order of business. (1)Roll Call. (2)Approval of journal of last meeting. (3)Communications from Mayor (4)Communications from the Board of Page 3 00-0103org.txt Appointment created by Section 151 of the Charter (5) Other official communications in the following order: (a)Mayor-Executive Department. (b)Comptroller. (c)President of the Council. (d)Commissioner of Assessment. (e)Commissioner of Public Works. (f)Commissioner of Police. (g)Commissioner of Fire. (h)Corporation Counsel. (i)Commissioner of Community Development. (j)Commissioner of Street Sanitation (k) Commissioner of Administration & Finance. (l)Commissioner of Human Services, Parks and Recreation. (m)Commissioner of General Services. (n)Civil Service Commission. (o)Zoning Board of Appeals. (p)City Court. (q)Board of Education. (r)Buffalo Sewer Authority. (s)Buffalo Municipal Housing Authority. (t)Buffalo Urban Renewal Agency. (u)City Clerk. (6)Non-Official Communications. (7)Reports of Regular Committees. (8)Reports of Special Committees. (9)Motions, Resolutions and Notices. (10)Committee of the Whole. (11)Unfinished Business. (12)Announcement of committee meetings. (13)Adjournment. Rule 6. Special Meetings. At the time fixed in the notice of a special Meeting, the Council shall convene, the President shall take the chair, and the following shall be the order of business: (1)Roll Call. (2)Reading of notice of meeting and proof of service. (3)Transaction of business specified in notice. (4) Adjournment. Rule 7. Temporary Chairman. In the absence of the President and the President Pro Tern at any regular or special meeting, the Council shall elect one of its members acting president pro tempore to conduct such meeting. Rule 8. Lack of Quorum. If a quorum of the members shall not attend any regular or special meeting, the members present at the meeting shall have the power to direct by a written order that the absent members be brought before the Council either forthwith or at the time to which an adjournment Page 4 00-0103org.txt may be had, and such order shall be executed by the sergeant-at-arms or in his absence, by the City Clerk or his designee. Rule 9. Roll Call. In calling the roll at be opening of the session and upon every vote the names of the members shall be called in alphabetical order, and a roll call of absent members shall be had at the request of any members. Rule 10. Voting - Tie. A member being present must vote for or against every proposition presented, unless excused from voting by a majority vote of the Council. A request to be excused from voting must be made before the start of the roll call. Any member refusing to vote shall be recorded as voting in the affirmative. In case of a tie in votes on any question, the, question shall be deemed to be lost. Rule 11. Presiding Officer Rulings - Appeals. The presiding officer shall preserve decorum, enforce the rules of procedure herein prescribed, and determine without debate, subject to the final decision of the Council on appeal, all questions of procedure and order. Any member may appeal to the Council from such ruling of the presiding officer, and if the appellant is duly seconded, the appellant may speak once solely on the question involved and the presiding officer may explain his ruling, but no other member shall participate in the discussion. The presiding officer shall then put the question - "Shall the decision of the chair be sustained?" If a majority of the members present vote nay, the ruling of the chair is over-ruled, otherwise it is sustained. Rule 12. Presiding Officer Participation in Debate The presiding officer shall not participate in the debate of any mater under consideration by the Council except as follows: If he desires to participate in the debate, he shall leave the chair and take the place on the floor of be President Pro Tempore or of the temporary chairman, and he shall not resume the chair until the matter under consideration has been acted on by the Council. Nothing herein shall be construed to prevent the presiding officer while in the chair from explaining his ruling on any question or explaining his vote on the roll call. Rule 13. Motions to be Seconded. No motion or resolution shall be put, recorded, or debated until the same shall be duly seconded. Rule 14. Order of Debate. When a member is about to speak, he shall rise from his seat and address the chair, and when two or more members rise at once, the presiding officer shall determine the member first to speak. The speaker shall confine himself to the question under debate and avoid personalities. No member shall speak upon the Page 5 00-0103org.txt subject under discussion more than twice - the first time for no more than five minutes and the second time for no more than two minutes. If any member in speaking of otherwise transgresses; the rules the presiding officer shall, or any member may, call him to order, in which case he shall immediately sit down and shall not rise unless to explain or proceed in order. The question shall be decided by the presiding officer without debate. Rule 15. Motions During Debate. When any question is under debate no motion shall be received except the following and in the order named - (a) to adjourn, (b) a call of the Council, (c) to lay on the table, (d) the previous question, (e) to postpone to a certain date, (f) to refer, (g) to amend, (h) to postpone indefinitely. A point of order, a point of inquiry, or a point of clarification shall be immediately considered and ruled on at any point during debate. Rule 16. Motion to Adjourn No Debate. A motion to adjourn, a motion to lay on the table, or a motion for a call of the Council shall always be in order, except when a vote is being taken on any question before the Council, and such motions shall be decided without debate. Rule 17. Amendments. No motion or proposition on a subject different from that under consideration shall be admitted under cover of an amendment. Rule 18. Division of Questions. On the call of any member, a division of any question shall be made when the question will admit of a division so distinct that one part being taken away the other will stand as an entire question for decision. Rule 19. Previous Question. The previous question shall be put as follows: "Shall the main question now be put?" and, until it shall be decided, shall preclude all amendments and debate, if the Council shall decide that the main question shall not now be put, the main question shall be considered as still remaining under debate. The main question shall be on the passage of the motion, resolution, or other matter under consideration: but when amendments are pending, the questions shall first be taken upon such amendments in the inverse order in which they are proposed. Rule 20. No Motion After Roll Call Begun. After the roll call on any question has been begun, no member shall speak on the question nor shall any motion be made until after the result is declared. Rule 21. Debate Prohibited - Explain Vote. While the presiding officer is putting any question, or while the roll is being called, no debate or discussion shall be in order. Any member desiring to explain his vote must do so before the start of the roll call, provided, before roll call begins, all members shall have a right Page 6 00-0103org.txt to avail themselves of the provisions of Rule 14. Rule 22. Reconsideration. When a question has been once put and decided, any member who voted with the majority may move for a reconsideration thereof at the meeting at which the question was decided; the Council may, however, pursuant to Section 38 of the Charter, recall any resolution or ordinance prior to the return thereof by the Mayor and may reconsider its action thereon. A motion for reconsideration, if lost, shall not be repeated nor shall any question be reconsidered more than once. Rule 23. Requirements of Communication from Civic Organizations. No communication from a civic organization, shall be received, recorded, or acted upon unless signed by an officer thereof, and which shall state the total membership of the organization, the number required to constitute a quorum, the number present at the meeting at which the action was taken, and the total number of votes for and against such action. Rule 24. Reading of Communications. All official communications received by the Council during the session shall be read in full and the clerk shall briefly state the substance of all communications so received and shall read the same in full if so desired by the Council. Rule 25. Committee Of the Whole. When the Council shall decide to go in Committee of the Whole, the presiding officer shall name a chairman to preside therein; the rules and orders of the Council shall be observed so far as practicable in the Committee of the Whole, except that the ayes and nays shall not be taken and a motion to rise and report progress shall always be in order and shall be decided without debate. Rule 26. Sergeant-at-Arms. The sergeant-at-arms, or in his absence, the City Clerk or his designee shall attend all meetings of the Council and remain in attendance until the close of the session unless otherwise ordered. He shall obey all orders of the Council enforcing order and decorum. He shall execute all written orders of the Council in bringing in absent members. Rule 27. Disorderly Behavior. Any member may call the attention of the Council to disorderly behavior on the part of any other member; a member thus charged shall be entitled to be heard in defense. If the Council after such hearing decides to take notice of his conduct, the member shall withdraw and the Council, during his absence, decide his guilt or innocence of the charge, and if found guilty, shall fix the penalty pursuant to Section 31 of the Charter. Rule 28. City Clerk. Immediately after a session of the Council, the City Clerk shall present to the several Page 7 00-0103org.txt departments and agencies of the City and to the committees such matters as may have been referred to them. The Clerk shall record the names of all members absent from any meetings of the Council. Rule 29. Cushing's Manual. The Rules of parliamentary practice comprised in "Cushings Manual" and "Cushing's Law and Practice of Legislative Assemblies" Shall govern the Council in all cases not herein provided for, to which they are applicable. Rule 30. Amendment, Repeal or Suspension of Rules Any rule may be amended or repealed by majority vote of all the members elected to the Council at any regular meetings thereof, provided that the notice of the proposed amendment or proposition to repeal shall have been given at the regular meeting of the Council immediately preceding, and any rule may be suspended for a single session by a unanimous vote of the members present, provided, however, that the Rule that no business shall be transacted at a special meeting except that specified in the notice of meeting, shall not be suspended. Rule 31. Numbering and Entitling Journal Items. Each and every item of business appearing in the journal shall bear a separate and distinct identification number in consecutive order, except that all claims presented to the Council shall appear under a single item number. Each item shall be preceded by a brief title, stating the subject matter of the item, except those items comprising nonofficial communications, claims and petitions any of which are not printed in full. Rule 32. Filing Deadline. All petitions, resolutions, or communications of whatever kind or nature, to be submitted to the Common Council, shall be presented to the City Clerk on or before two o'clock of the afternoon of the Thursday preceding the meeting at which such petitions, resolutions or communications are to be considered by the Common Council. However, If said Thursday is a holiday, the deadline shall be two o'clock of the afternoon of the preceding Wednesday. Any petition, resolution or communication which was not presented to the City Clerk in compliance with the deadline stated above, shall not be considered at said meeting except by unanimous consent of all members present at said meeting. Rule 33. Matters to be Referred to Committee. Any matter coming before the Council which seeks to commit the Council to a certain policy shall be referred to an appropriate committee unless otherwise determined by unanimous consent of the Council. Rule 34. Discharge of Committee from Page 8 00-0103org.txt Consideration of a Matter. Any member of the Common Council desiring to move any item tabled in committee and to discharge the committee from further consideration thereof, and to submit the item for the consideration of the Common Council, shall file notice of his intention so to do with the City Clerk in compliance with Rule 32. NO. 2 Appointment of City Clerk Mr. Pitts placed in nomination the name of Charles L. Michaux III, for appointment as the City Clerk of Buffalo, effective January 1, 2000. Seconded by Mrs. LoTempio A vote being taken, each member of the Common Council, as their name was called, announced their choice as follows: AYES-13, NOES-0 NO. 3 APPOINTMENT OF DEPUTY CITY CLERK Mr. Pitts placed in nomination the name of Gerald A. Chwalinski, for appointment as the Deputy City Clerk of Buffalo, effective January 1, 2000. Seconded by Mrs. LoTempio A vote being taken, each member of the Common Council, as their name was called, announced their choice as follows: AYES-13, NOES-0 NO. 4 APPOINTMENT OF DEPUTY CITY CLERK VITAL STATISTICS Mr. Pitts placed in nomination the name of Diana Davies, for appointment as the Deputy City Clerk Vital Statistics of Buffalo, effective January 1, 2000. Seconded by Mrs. LoTempio A vote being taken, each member of the Common Council, as their name was called, announced their choice as follows: AYES-13, NOES-0 NO. 5 DESIGNATION OF MAJORITY LEADER Ms. Gray placed in nomination the name of Rosemarie LoTempio for Majority Leader of the Common Council, effective January 1, 2000. Seconded by Mr. Brown A vote being taken, each member of the Common Council, as their name was called, announced their choice as follows: AYES-13, NOES-0 NO. 6 APPOINTMENT COUNCIL REPRESENTATIVE TO BURA Mr. Pitts placed in nomination the names of Beverly Gray and Byron W. Brown as Common Council Representatives to the Buffalo Urban Renewal Agency. Seconded by Ms. Williams A vote being taken, each member as their Page 9 00-0103org.txt name was called, announced their choice as follows AYES-13, NOES-0 NO. 7 ELECTION OF PRESIDENT PRO TEMPORE OF THE COMMON COUNCIL Mr. Pitts placed in nomination the name of Richard Fontana, as President Pro Tempore of the Common Council, effective January 1, 2000. Seconded by Mr. Coppola A vote being taken, each member of the Common Council, as their name was called, announced their choice as follows: AYES-13, NOES-0 NO. 8 APPOINTRNENTS - OFFICE OF THE COUNCIL PRESIDENT Mrs. LoTempio moved the approval of the appointments in the Office of the Council President pursuant to Section 27 of the Charter of the City of Buffalo, to be effective January 1, 2000. Assistant to the Council President - Joe D. Davis Legislative Assistants Rosetta J. Walden Linda Dyer-Hurdon Seconded by Ms. Grant ADOPTED. NO. 9 APPOINTMENT OF SENIOR LEGISLATIVE ASSISTANT TO THE MAJORITY Mrs. LoTempio moved that Kathryn Gould is hereby appointed as Senior Legislative Assistant to the majority of the Common Council, effective January 1, 2000. ADOPTED. NO. 10 APPOINTMENT DIRECTOR OF TELECOMMUNICATIONS Mrs. LoTempio moved that Thomas Tarapacki, is hereby appointed as Director of Telecommunications, effective January 1, 2000, Seconded by Mr. Fisher AYES-13, NOES-0 NO. 11 APPOINTMENT DEPUTY DIRECTOR OF TELECOMMUNICATIONS Mrs. LoTempio moved that Christopher Bishop, is hereby appointed as Deputy Director of Telecommunications, effective January 1, 2000. Seconded by Ms. Williams AYES-13, NOES-0 NO. 12 APPOINTMENT OF COUNCIL STAFF Page 10 00-0103org.txt EMPLOYEES Mrs. LoTempio moved approval of the following appointments to the Council Staff pursuant to Section 27 of the Charter of the City of Buffalo to be effective January 1, 2000. Chief of Staff - Donna Davis Council and Committee Reporter - Susan Wafts Legislative Staff Manager William Nowak Sr. Legislative Assts to Common Council - Mary Lou Hooper Legislative Assts. to Common Council – Millie Castro Lisa Collin Mark Jaskula Jackie Rushton Judy Chrosniak - Clerks Office Tracey McNerney - Clerks Office Seconded by Mr. Coppola ADOPTED. NO. 13 APPOINTMENTS AS SENIOR LEGISLATIVE ASSISTANTS TO COUNCILMEMBERS Mrs. LoTempio moved approval of the appointment of Senior Legislative Assistant to Councilmember pursuant to Section 27 of the Charter of the City of Buffalo to be effective January 1, 2000. Coppola - Valaine Perez Ellington - Robert Brown Seconded by Mrs. Ellington ADOPTED. NO. 14 APPOINTMENTS AS LEGISLATIVE ASSISTANTS TO COUNCILMEMBERS Mrs. LoTempio moved approval of the appointments of Legislative Assistants to Councilmembers pursuant to Section 27 of the Charter of the City of Buffalo to be effective January 1, 2000. Bonifacio - Margarita S. Cardona Peter J. Savage III Brown - Emerson Barr Fisher - Tina Bethea Jeremy Toth Fontana - Roberta Rzeszutek Cynthia Yaeger Golombek - Kenneth J. Kerr Gail A. Aikin Grant -Sherry Sherrill-Patton Viola D. Soles Gray -Willie Morris Jacqueline White LoTempio - Rosemarie LoTempio Brian Gould Martino - Jean Egan Bridget Corcoran Williams - Brian Davis Seconded by Mrs. Gray ADOPTED. Page 11 00-0103org.txt NO. 15 APPOINTMENTS AS LEGISLATIVE AIDES TO COUNCILMEMBERS Mrs. LoTempio moved approval of the appointments of Legislative Aides to Councilmembers pursuant to Section 27 of the charter of the city of Buffalo to be effective January 1, 2000. Coppola - Craig Palladino Ellington - Seconded by Mr. Coppola ADOPTED. NO. 16 ANNOUNCEMENT OF REGULAR COMMITTEE APPOINTMENTS I hereby appoint the following Councilmembers to serve on Committees as shown: Claims:Grant - Chairperson, Williams, Coppola, Martino, Fontana Civil Service: Williams - Chairperson, Fisher, Ellington, Grant, Martino Comm. Dev.: Gray - Chairperson, Golombek, Bonifacio, Grant, Brown, LoTempio Education:Fontana - Chairperson, Gray, Bonifacio, Golombek, Fisher, Ellington Finance:Brown - Chairperson, Martino, Williams, Coppola, Ellington, Fisher Legislation:Coppola - Chariperson, LoTempio, Brown, Gray, Bonifacio, Golombek Rules: Pitts - Chairperson, LoTempio, Coppola Received and Filed NO. 17 ANNOUNCEMENT OF SPECIAL COMMITTEE APPOINTMENTS I hereby appoint the following Councilmembers to serve on Committees as shown: Budget:Rosemarie LoTempio - Chair, Fontana, Brown, Martino, Pitts Erie Basin Marina:James Pitts - Chair, Gray, Bonifacio, Fisher, Golombek Police Reorg/Oversight:Charley Fisher - Chair, Ellington, Fontana, Bonifacio, Martino Telecommunications:James Pitts - Chair, Gray, LoTempio, Grant, Williams Aud/Stad. Task Force:James Pitts - Chair, LoTempio, Williams, Coppola, Gray Minority Bus. Enterprise:Charley Fisher - Chair, Grant, Golombek, all City Departmental Commissioners and/or Designees RECEIVED AND FILED. NO. 18 By Mr. Pitts APPOINTMENT MARRIAGE OFFICERS Pursuant to Chapter 49 of the Laws of New York (1988), which allow a governing body the right to appoint one or more Marriage Officers, Page 12 00-0103org.txt who have the authority to solemnize marriages, I am requesting the appointment of the following persons whose appointment as a Marriage Officer shall expire at the end of his elected term of office: Dominic Bonifacio Jr. Byron Brown Alfred Coppola Karen Ellington Charley Fisher III Richard Fontana Joseph Golombek Jr. Betty Jean Grant Beverly Gray Rosemarie LoTempio Mary Martino James Pitts Barbara Miller-Williams Charles Michaux III Gerald Chwalinski ADOPTED. NO. 19 ADJOURNMENT On a motion by Mrs. Lotempio Seconded by Mr. Fisher the Council adjourned at 2:20 PM Page 13