Preconsidered Res. No. ____
Resolution to amend the Rules of the Council to improve clarity and consistency with Council practices and precedent.
By The Speaker (Council Member Adams)
Section 1. The Rules of the Council are amended to read as follows:
CHAPTER I - MEETINGS OF THE COUNCIL
1.00. Stated, Special - The Council shall hold no less than two [stated meetings] Stated Meetings a month, unless otherwise ordered, except during the months of July and August. Such meetings shall be called by the Speaker. The first meeting in each year shall be the Charter Meeting[,] and shall be held on the first Wednesday after the first Monday of January at noon.
[The Council may adjourn to a day other than that of a stated meeting and notice thereof shall be given to each member and the public by the Legislative Document Unit at least 24 hours before the set time. Notice of such adjournment shall be given to the news media and shall be posted [in a public location at City Hall].]
A list of all items to be considered as a General Order by the Council at the [stated or special meeting]Stated or Special Meeting, together with copies of all such items, including memoranda in support or in opposition, if any, except for those items acted on by a committee convened on the day of or preceding a meeting of the Council, in which case copies of such items shall be made available as soon as practicable, and a list of titles of all proposed local laws and resolutions to be introduced at such meeting, where practicable, shall be provided to each member at least 36 hours prior to the call of all meetings.
CHAPTER II - SPEAKER AND OTHER OFFICERS
2.00. Speaker; other Officers - The Council shall elect from among its members a Speaker[,] and such other officers as it deems appropriate. [During absences, the Speaker may designate, in writing, any member to perform the duties of the Speaker for that legislative day.]
[2.05]2.10. [Speakers’] Speaker’s Office - No person, including but not limited to registered lobbyists, except Members of the Council and Council staff, shall be permitted access to the Speaker’s Office, except in specific designated areas[, except] when such person is attending a scheduled meeting or a public event. Such designated areas shall be demarcated by the posting of signs or the placement of a gate.
[2.10. Agenda - The Speaker shall compile an agenda for each stated, charter and special meeting of the Council and shall provide each member with a copy thereof. The agenda shall include all vetoes, messages from the Mayor or other City, county and borough officials, departments and agencies, other petitions and communications, and reports of subcommittees, special and standing committees. All matters which have been considered by a committee and reported out favorably or with amendments shall be listed in a section devoted to General Orders. A list of introductions of local laws and, resolutions, submitted for consideration to the Council and referred to a committee at such meeting, where practicable, shall be annexed. General Orders are those proposed local laws, resolutions or other items of unfinished business requiring no further action by the Council, except to vote thereon. In the event any matters on the General Order Calendar of a particular meeting are not acted upon, they shall be continued on the agenda at the next meeting, and each succeeding meeting until final action is taken.]
[2.15]2.20. Attendance Policy - The Speaker shall formulate an attendance policy for committee, [stated, charter, and special meetings] Stated, Charter, and Special Meetings.
[2.20]2.30. Council Chamber - The use of the Council Chamber, Council Committee Room and all other space used for the purpose of conducting Council business shall be within the jurisdiction of the Speaker, unless otherwise ordered by the Council.
[2.25]2.40. Council Lounge - No person, including but not limited to registered lobbyists, except Members of the Council and Council staff, shall be permitted access to the Council Lounge, except that persons other than [Council] Members and Council staff may be granted admission for the purpose of attending meetings with Members or public events. Notice of such meetings with individual [Council] Members shall be provided to the Sergeant-at-Arms in advance by such Member to the extent practicable, indicating the name(s) of the attendees.
[2.30. Committee of the Whole - The Speaker may, at any time, convene the Committee of the Whole and shall provide each member and the public with notice of such meeting together with a schedule of those items to be considered as far in advance of such meeting as is practicable. When the Council convenes as a Committee of the Whole, the Speaker shall be chairperson of such Committee. Notice of such meeting shall be given to the news media and shall be posted in a public location at City Hall.]
[2.40]2.50. Personnel and Fiscal Reports - The Speaker shall provide to each member an annual report, which may be included as part of the annual accounting of the Council’s actual expenditures required by this rule, detailing the names of all individuals receiving compensation for work performed for the Council, its members or any of its committees, the amount of such compensation for [C]central staff only, and a title and job description (including identification of the function or division of the Council to which the individual is assigned). The Speaker shall publish an annual accounting of the Council's actual expenditures by September 30 of each year, which covers the previous fiscal year, and which is sufficiently detailed to indicate the positions and purposes which have been funded as well as the activities and categories of materials and supplies purchased. Such accountings shall be accompanied by a summary description specifying, at a minimum, the amounts devoted to the following functions and divisions of the Council: the divisions responsible for the budget and fiscal analysis, the Council’s role in the land use process, legislative drafting, and legal services; the Council press office; each committee; the Sergeant-at-Arms and other security functions; each member’s office; the Speaker’s staff, including all amounts paid to all consultants as well as the functions of such consultants; and any changes in each of these amounts, other than changes in compensation of members of [C]central staff, from the Council budget adopted for the fiscal year covered by such accounting.
[2.45]2.60. Procurement Procedures - a. The Speaker shall establish procurement procedures that shall apply to all Council [members] Members and Council employees, so as to ensure efficiency, cost control and avoid conflicts of interest in the procurement process. All Council [members] Members and Council employees shall be required to comply with the procurement procedures established by the Speaker, as well as any related requirements for training set by the Speaker. The Speaker shall make available to all Council Members and Council employees a copy of such procedures and any changes thereto.
[b.]b. The procurement procedures set by the Speaker shall take effect immediately.
[2.50]2.70. Proposed Council Budget - The Speaker shall provide to Council [members] Members copies of the proposed budget of the Council for the following fiscal year as soon as practicable. Such proposed budget shall include, at minimum, the amounts devoted to the following functions and divisions of the Council: the divisions responsible for the budget and fiscal analysis, the Council’s role in the land use process, legislative drafting, and legal services; the Council press office; each committee; the Sergeant-at-Arms and other security functions; each Council [member’s] Member’s office; and the Speaker’s staff, including all amounts paid to all consultants as well as the functions of such consultants.
[2.55]2.80. Discretionary Funding - a. The Speaker shall establish a policy to ensure the integrity and transparency of the Council discretionary funding process. Such policy shall require that all organizations that wish to be considered for discretionary funding from the expense budget or for discretionary funding from the capital budget for a “non-City capital project” shall file an application with the Council or relevant City offices and/or agencies. For the purposes of this rule, a “non-City capital project” is a project for which the applicant organization is required to submit a Capital Funding Request Form for Not-for-Profit Organizations. Applications for discretionary funding from the expense budget or for discretionary funding from the capital budget for a non-City capital project shall be reviewed by the Council and/or relevant City offices and/or agencies to ensure that they are legally eligible to receive the City funds, are capable of providing the services for which they seek funding, are seeking funding for a public purpose, and are in compliance with all applicable laws and regulations. All expense applications received by the Council shall be made available to the public in a searchable on-line database in summary form. All allocations for discretionary funding from the expense budget or for discretionary funding from the capital budget shall be made available to the public in a searchable on-line database and in a downloadable, machine-readable format. All organizations that receive discretionary funding from the expense or capital budgets shall be required to complete a brief summary of how they have utilized such awarded funds.
In addition, such policy shall require completion of conflicts of interest disclosure/certification forms as specified by the Speaker from (i) all organizations seeking discretionary funding from the expense budget or discretionary funding from the capital budget for a non-City capital project, (ii) all Council Members sponsoring discretionary funding allocations and (iii) all Council Members prior to voting to designate discretionary funds. Such disclosure/certification forms shall contain either disclosure of any relationship between an organization and applicable City officials and associated persons or firms so that a determination may be made as to whether funding such organization is consistent with the City’s Conflicts of Interest Laws and if so whether disclosure is necessary, or a certification that no such relationships exist.
b. Allocation of discretionary funds from the expense budget or discretionary funds from the capital budget for a non-City capital project, designation of recipients of discretionary funds from the expense budget or discretionary funds from the capital budget for a non-City capital project, and delineation of the uses of such funds shall be made solely through the budget adoption or modification process or through a discretionary funding transparency resolution. All such funds shall be distributed between and among sponsoring Council Members for allocation pursuant to a publicly disclosed formula that allocates funds either equally among [members]Council Members, or based upon publicly available data about differences between districts, or some combination thereof. The Speaker shall be responsible for proposing no more than one half of all dollars allocated by the Council discretionary expense funding process.
[2.60]2.90. Council Members’ Operating Expenses - The amounts allocated in the Council budget for the operation of individual [members’] Council Members’ offices shall be the same for each [member]Council Member. The Speaker may not reduce such amount for any [member] Council Member unless all [members] Council Members are subject to the same reduction. The Speaker may not supplement the amount available to any [member] Council Member through direct or indirect payment, provided that the Speaker may, with notice to all members, supplement the amount available to an individual [Councilmember] Council Member in cases of special need. It is the intent of the body that the total amount allocated for the operation of individual [members’] Council Members’ offices shall be reasonable in proportion to the amount allocated for central staff.
[2.65]2.100. Prohibition against using funds from operating expenses for certain advertisements - a. No city funds appropriated to the Council (“Council funds”) shall be used by a Council Member for the purchase of advertisements in an organization’s journal or bulletin in print or other form; provided, however, that for purposes of this rule, a publication of an organization that is published at least quarterly and is distributed beyond the membership of the organization to the general public shall not be deemed a journal or bulletin.
b. No Council funds shall be used by a Council Member for the purchase of any advertisement published or broadcast in any print, radio or television or other electronic media that (i) does not solely consist of informational or educational content relating to a governmental function or a government-[ ]sponsored event or (ii) contains any seasonal or holiday greeting or message or any congratulatory or commemorative message or (iii) contains a Council Member’s likeness, picture or voice.
c. The Council shall only approve the purchase of advertisements that comply with the provisions of this rule and such payment shall only be made after a copy of such advertisement (or a detailed description of any such advertisement if not in print form) is provided to the Speaker’s designee together with the invoice for such purchase.
[2.70]2.110. Policies Prohibiting Discrimination and Harassment and Related Training - a. The Speaker shall establish a policy or policies prohibiting workplace discrimination and harassment, including sexual harassment[, for the Council], which shall apply to all Council Members, their staff and Council central staff. All Members, their staff and Council central staff shall be required to comply with the requirements of such policy or policies, including the requirements for related training. The Speaker shall provide all Members, their staff and Council central staff with a copy of such policy or policies and any changes thereto.
b. The Speaker shall require mandatory annual participatory interactive training for all Members, their staff and Council central staff as outlined in the policy or policies established pursuant to [r]Rule [2.70a] 2.110(a).
[2.75]2.120. Workplace Sexual Harassment Assessment and Reporting - a. The Speaker shall formulate a recurrent risk factor review plan to assess and address potential risk factors associated with workplace sexual harassment, such as a homogenous workforce, language differences in the workplace, a workforce having significant power disparities and isolated and decentralized workplaces. [The process herein shall commence immediately, recur periodically and cease January 31, 2022.]
b. The Speaker shall publish an annual report within the Council for the first Stated [meeting] Meeting in February disclosing complaints of workplace sexual harassment, as defined by the Council’s policy or policies prohibiting discrimination and harassment established pursuant to [r]Rule [2.70a] 2.70(a). Such report shall track for each preceding calendar year the number of complaints alleging workplace sexual harassment and the dispositions of such complaints. The annual report shall not contain any personally identifiable information.
c. The Speaker shall distribute a discrimination and harassment climate survey. Such survey shall gauge whether Council staff are familiar with the Council’s policy or policies prohibiting discrimination and harassment, consider their workplace safe and free from violations of the Council’s policy or policies and believe that the Council protects the rights of its employees to pursue their duties in a respectful workplace. The climate survey shall assess whether Council staff have witnessed or experienced workplace discrimination or harassment as described by the Council’s policy or policies and whether they understand Council reporting and complaint procedures. The climate survey shall also gauge whether Council staff believe discrimination or harassment is, or would be, tolerated by the Council. For supervisors and managerial employees, the climate survey shall prompt whether such supervisors and managerial employees are knowledgeable about their responsibilities with respect to the prevention of conduct prohibited by the Council’s policy or policies prohibiting discrimination and harassment. The climate survey shall also prompt whether such supervisors and managerial employees are knowledgeable about the measures they may take to address complaints. Information concerning demographic variables, including, but not limited to, race, ethnicity, gender, sexual orientation and age, shall be solicited from survey respondents. Survey respondents may provide such demographic information, in full or in part, at their discretion.
By the close of the first year of the term, the Speaker shall disseminate the climate survey. By the close of the second year of the term, the Speaker shall assess the climate survey results, and, in response, determine and implement a preemptive action plan to create a discrimination-free and harassment-free workplace, as set forth in the Council’s policy or policies established pursuant to [r]Rule [2.70a] 2.70(a). By the close of the third year of the term, the Speaker shall refine and redistribute the climate survey. By the [end] close of the fourth and last year of the term, the Speaker shall assess the recent climate survey results, and, in response, recommend a successive preemptive action plan. By the [end] close of the first year of [the ensuing] each succeeding term, [and every four years thereafter,]the Speaker shall address the preceding Speaker’s recommendations[, disseminate a climate survey, assess the climate survey results, and, in response, determine and recommend a preemptive action plan for the next Speaker] and also reinitiate the climate survey process described in this paragraph. Based on each assessment and determination, the Speaker shall update the Council’s policy or policies prohibiting discrimination and harassment, as necessary, established pursuant to [r]Rule [2.70a] 2.70(a).
In the event a Speaker’s term is fewer than four years, the subsequent Speaker shall [maintain]continue the [four-year climate survey schedule]process delineated [herein] in the preceding paragraph for the remainder of the unexpired term. In [the event of] years when there are [two] consecutive [2]two-year terms, as provided by Section 25 of the Charter, the Speaker [of] serving the first two-year term shall initiate and [conclude]complete the steps delineated [herein for the first two years of a regular four-year term]for the first and second years of the term described in the preceding paragraph. The Speaker [of] serving the second term shall initiate and [conclude] complete the steps delineated [herein for the final two years of a regular four-year term] for the third and fourth years of the term described in the preceding paragraph.
[2.80]2.130. Qualification of Council Members - Council Members, as public officers, must meet the qualifications of Section 3 of the New York State Public Officers Law in order to hold public office. In addition, Section 30 of such law sets forth provisions governing the creation of vacancies in public office. The Committee on Rules, Privileges and Elections shall have jurisdiction over these matters. The Committee, or staff of the Committee acting under its direction, shall request such information as is reasonably necessary to review the qualifications of Council Members-elect. In addition, the Committee may determine whether particularized review of qualifications of a Council Member-elect or eligibility to serve of a Council Member is appropriate based upon information submitted or otherwise available to the Committee, or based upon failure to submit information requested in accordance with the preceding sentence. In the event that such a particularized review is conducted, the Council Member-elect, or Council Member, shall be afforded the right to be heard. If the Committee believes that a Council Member-elect should not be seated, or that a Council Member is not eligible to serve in public office, due to failure to meet the qualifications of the Public Officers Law or due to the creation of a vacancy pursuant to such law, the Committee will recommend appropriate action to the full Council. The record of the proceedings before the Committee on the matter shall be made available to the members of the Council before any such action is taken by the full Council.
[2.85]2.140. Outside Earned Income - Council Members may not receive outside earned income. Outside earned income means income other than the Council salary and benefits of a [member] Council Member, except that such term does not include (1) investment income, including but not limited to interest, dividends, rents, annuities and capital gains; (2) compensation for personal services actually rendered before the adoption of this rule or before such individual became a [member] Council Member; (3) income received from a pension or retirement account, or from social security; (4) copyright royalties received under usual and customary contractual terms; (5) compensation for speaking engagements or artistic performance, with advance approval by the conflicts of interest board; (6) income received for teaching a course of instruction at an established academic institution for which students receive credit, or income in the form a fellowship or scholarship granted by such an institution, so long as such compensation does not exceed that normally received by others at the institution for a comparable type and amount of instruction; and (7) with advance approval by the [Office of ]General Counsel, minimal earned income from activity involving only a limited time commitment, and which does not interfere with the performance of official duties. Any income received by a [member] Council Member shall be subject to the requirements of [chapter] Chapter 68 of the [charter] Charter. [Until January 1, 2018, the provisions of this rule do not apply to any member who submits a letter to the Speaker no later than March 1, 2016 stating that such member has received outside income during the Council’s 2014-2017 session and intends to continue to receive outside earned income.
2.90]2.150. Collective Bargaining - All collective bargaining matters including recognition, negotiation, administration and enforcement of collective bargaining agreements and/or other agreements the Council may reach with unions or employee organizations representing [c]Council employees shall be within the jurisdiction of the Speaker.
2.160. Declared States of Emergency - Whenever there exists a state of emergency declared by the Governor or the Mayor pursuant to New York Executive Law, the Speaker shall have the power to establish policies and procedures to protect the health and safety of Council Members and all Council staff. Such policies shall have the force of Council Rules for the duration of such state of emergency.
CHAPTER - III PRESIDING OFFICER
3.00. Who Presides - a. The Speaker shall be the presiding officer of the Council[, and]. During absences, the Speaker may designate, in writing, any Council Member to perform the duties of the Speaker for that legislative day.
b. The Speaker may at his or her discretion designate [an Acting President] a Speaker Pro Tempore [who shall] to chair [all stated, charter and special meetings] any Stated, Charter, or Special Meetings, any meeting of the Committee of the Whole, or any portion thereof.
c. The [Speaker] presiding officer shall call the Council to order and [the Acting President Pro Tempore], except in the absence of a quorum, [shall] proceed to business in the manner prescribed by these Rules.
d. [Only in the event the Speaker is no longer a member of the Council,] In the event of a vacancy in the position of Speaker, the City Clerk shall act as the presiding officer [for the Charter meeting of a new session]. The City Clerk shall call the meeting to order, read into the record communications, including the certification of newly elected members from the Board of Elections, call the roll, seek nominations for Speaker and manage any debate thereon, close nominations, call for a vote on such nominations and announce the new Speaker. Once elected, the new Speaker shall become the presiding officer.
3.10. Order, Decorum - The presiding officer shall preserve order and decorum. In the event of disturbance or disorderly conduct in the Chamber, lobby or gallery, the presiding officer may cause the same to be cleared.
[3.15. Prohibition on the Use of Mobile Telephones - The Council prohibits the use of all mobile telephones during the course of Stated Meetings. The presiding officer shall enforce this Rule by directing that all mobile telephones be silenced or placed on vibrate at the start of the Stated Meeting and that they not be in use on the floor until the conclusion of the meeting.]
3.20. Call of Members to Order - Members, when called to order by the presiding officer, shall thereupon take their seats and the presiding officer’s ruling that a member is out of order shall be subject only to the right of appeal.
3.30. Appeals - Any member may appeal to the Council from a ruling of the presiding officer and the member making the appeal may briefly state the reason for same, and the presiding officer or Parliamentarian may briefly explain such ruling. There shall be no debate or explanation of voting on the appeal and no other member shall participate in the discussion except for the Majority Leader and Minority Leader, or the designee of each. The presiding officer shall then ask the question, “Shall the decision of the presiding officer be sustained?”, and if a majority of the [members] Council Members present vote in the affirmative, the decision of the presiding officer shall be sustained; otherwise, the decision of the presiding officer shall be overruled.
CHAPTER IV - MAJORITY AND MINORITY LEADERS
4.00. Majority Leader - The Majority Leader shall be a member of the political party with the greatest number of members in the Council. During absences, the Majority Leader shall designate, in writing, any member of the majority party to perform the duties of the Majority Leader for that legislative day.
4.10. Minority Leader - a. The Minority Leader shall be chosen by the members of the Council of the political party with the greatest number of members in the Council after the majority party. A quorum being present, a majority of those present at a meeting shall be sufficient to make such choice. Upon choosing a Minority Leader, such members shall communicate such choice by letter delivered to the Clerk of the Council certifying compliance with this rule.
b. During absences, the Minority Leader shall designate, in writing, any member of such minority party to perform the duties of the Minority Leader for that legislative day.
c. The Minority Leader may appoint such party officers as he or she deems appropriate.
CHAPTER V - CLERK AND STAFF - DUTIES
5.00. Minutes - The Legislative Document Unit shall prepare and make available on the Council’s website minutes containing the proceedings of each meeting and accurate records of the members actually in attendance. All papers submitted shall constitute a part of the proceedings of each meeting.
5.10. Public Access [-] and Legislative Tracking - a. The Office of the Speaker shall keep accurate records of the meetings of the committees of the Council, including the members present, committee reports, a description of each matter considered, the plain language summary and fiscal impact statement accompanying each proposed local law or resolution, each memorandum of support prepared therewith, the names of witnesses appearing before the committee and copies of their written testimony, when submitted. Such materials shall be [open to public inspection free of charge and copying at reasonable fees at such times as is practicable] available to the public electronically. [Proceedings and records of the Committee on Standards and Ethics shall be privileged and confidential.] Any person requesting copies of such materials shall set forth in writing a specific description of the material sought which shall be submitted to the Office of the Speaker. A complete transcript of each committee meeting shall be available for public inspection at the Office of the City Clerk, Clerk of the Council, free of charge within sixty days of such meeting.
b. The Office of the Speaker shall make available on the internet for use by the public a legislative tracking database containing the number, text, sponsorship and status of all proposed local laws and resolutions, committee reports, agendas, calendar, hearing testimony, transcripts, videos, committee assignments, voting records of Council Members and other associated materials in the public record that can practicably be made available. All proposed local laws and resolutions in the public record as well as any information associated with each proposed local law or resolution available through the database will be provided to the public in a machine-readable format at no cost and without restriction as soon as practicable.
c. Notwithstanding any contrary provision of this chapter, proceedings and records of the Committee on Standards and Ethics shall be privileged and confidential. [The Speaker shall develop a Public Technology Plan for improving public access to Council materials and meetings, and shall periodically update such Plan as necessary.]
[5.30]5.20. Certification - The certificate of the Clerk of the Council shall be attached to every proposed local law or resolution to the effect that the same has been duly passed by a vote, as required by the provisions of the New York City Charter. The Legislative Document Unit shall transmit the proposed local law or resolution to the Mayor.
[5.50]5.30. Rules [and], Charter, and Administrative Code - The Legislative Document Unit shall make available on the Council’s website [and furnish to each member] a copy of the Rules of the Council as prepared [and printed] under the direction and supervision of the Committee on Rules, Privileges and Elections, and shall also provide links to the Charter and the Administrative Code. The Legislative Document Unit shall also make available a copy of “Robert’s Rules of Order, Newly Revised” [and the City Charter] to all Council Members.
[5.60]5.40. Assignment of Sergeant-at-Arms - The Speaker shall assign to the Sergeant-at-Arms and Assistant Sergeant-at-Arms, their respective duties and stations except as otherwise provided in these Rules.
[5.70]5.50. Sergeants-at-Arms; Absence of Quorum - If a number less than a quorum shall convene, the presiding officer may send the Sergeants-at-Arms for the absent members.
[5.80]5.60. Sergeants-at-Arms; Duties - The Sergeants-at-Arms shall be in constant attendance at all sessions of the Council, and, under the direction of the presiding officer, shall aid in enforcing order on the floor, in the gallery, in the lobbies and in the rooms adjoining the Chamber, and also see that no person remains on the floor, unless entitled to [the] such privileges [ of the same]. They shall also place on the desks of the [Acting President] Speaker Pro[-] Tempore and other members, before each meeting,[ the journals containing the Proceedings of the Council,] the calendars and agendas provided for in these Rules, papers and the proposed local laws and resolutions.
[5.90]5.70. Transmittal to Clerk - The Legislative Document Unit shall furnish to the Clerk of the Council copies of all agendas, calendars, adopted local laws and resolutions.
[5.110. Legislative Tracking - The Office of the Speaker shall make available on the internet for use by the public a legislative tracking database containing the number, text, sponsorship and status of all proposed local laws and resolutions, committee reports, agendas, calendar, hearing testimony, transcripts, videos, committee assignments, voting records of members and other associated materials in the public record that can practicably be made available. All proposed local laws and resolutions in the public record as well as any information associated with each proposed local law or resolution available through the database will be provided to the general public in a machine-readable format at no cost and without restriction as soon as practicable, in order to facilitate public engagement with the Council through the use of third-party software.]
5.80. Office of the General Counsel - a. The Speaker shall appoint a General Counsel and provide for an Office of the General Counsel for the purpose of conducting the routine legal affairs of the Council, and to defend the rights and privileges of its Council Members.
b. The Speaker may authorize the General Counsel to take any action in a judicial proceeding to protect and defend the powers and authorities of the Council and local laws duly passed by the Council, to serve and enforce Council subpoenas, and to employ outside counsel.
c. There shall be an attorney from the Office of the General Counsel designated as the Parliamentarian, who shall advise the presiding officer, Council Members, and Council staff on matters of parliamentary procedure and Council precedent.
d. Any member may request an advisory opinion from the Parliamentarian with respect to questions about any Council rule or rules, including any questions relating to compliance therewith.
CHAPTER VI - PROPOSED LOCAL LAWS AND RESOLUTIONS
6.00 [Preparation and ]Presentation of Papers [-]- a. The word paper when used herein shall include all proposed local laws, resolutions, petitions, communications from City, county and borough offices and reports which may be proposed to the Council for action.
b. All papers other than committee reports shall be presented in writing, endorsed with the name of the introducer or originator[,] and, with the exception of committee reports and messages from the mayor, must be deposited with the Office of the Speaker in hard copy or electronic form before 1 p.m., at least three business days, excluding municipal holidays preceding the meeting day.
[The style of local laws shall be “Be it enacted by the Council as follows.” Every local law shall embrace only one subject.]
c. The title of each paper shall briefly refer to the subject matter.
[Every other paper shall be endorsed with a short statement of its subject matter.]
d. The introduction of each proposed local law shall be accompanied by a plain language summary of the bill and a memorandum in support prepared by the sponsor, explaining the need for the legislation. Such plain language summaries and memoranda in support shall be posted on the Council’s legislative tracking database and updated when the applicable bill is amended.
e. [All] Each proposed local law[s] and resolution[s are to] shall be assigned a chronological introduction or resolution number and shall appear on the agenda in alphabetical order according to the name of the first-named prime sponsor[, except that the Speaker’s name shall appear first. If amended, the number of the proposed local law or resolution shall be followed by a designation beginning with the letter A, and continuing sequentially through the alphabet with each amended version].
6.10. Local Laws; How Prepared - a. The style of local laws shall be “Be it enacted by the Council as follows.” Every local law shall embrace only one subject, which shall be briefly stated in its title.
b. A local law amending or repealing any existing law shall contain in brackets or strike through the part repealed[ and]; the new part to be inserted shall be underscored. When any such local law is printed in the [Minutes] minutes, the part repealed shall be in brackets and the new part shall be in italics instead of being underscored.
c. All local laws presented, whether new or of an amendatory nature, shall state specifically the section of the law to be added, amended or repealed. Each local law that is proposed to be unconsolidated shall add a new section to Title 1000 of the Administrative Code. Title 1000 of the Administrative Code shall be titled “Unconsolidated Laws.” The title of each section within Title 1000 shall briefly indicate the subject matter of the unconsolidated law within it, which may include the local law number and year when published.
d. Whenever a proposed local law is amended after introduction or after a public hearing thereon, the number of such proposed local law or resolution shall be followed by a designation beginning with the letter “A” and continuing sequentially through the alphabet with each amended version.
e. The latest draft of [the] each proposed local law shall contain in the lower left corner the date and time of the most current version. Committee staff shall be responsible for transmitting such version to Members for consideration, and to post on the [web site] website.
6.20. Sponsors - a. [The first-named sponsors on all proposed local laws and resolutions shall be deemed to be the prime sponsors.] Every member listed as a sponsor of a proposed local law or resolution on the agenda of the Stated Meeting at which such proposed legislation is introduced shall be deemed a prime sponsor of such proposed legislation. Whenever the Speaker is a prime sponsor, the Speaker’s name shall appear first. In the event the Speaker of the Council is not a prime sponsor, the name of such member shall appear in the sequence in which such member requested to be added as a sponsor.
b. The first-named prime sponsor’s approval shall not be necessary before the names of any co-prime sponsors may be added to a proposed local law[s] or resolution[s]. However, such approval shall be necessary where the first-named prime sponsor has so indicated in writing to the Office of the Speaker.
c. [In either event, a] A member may add his or her name as a sponsor after the introduction of a proposed local law or resolution by making such request in writing to the Legislative Document Unit at any time before the Stated or Special Meeting at which the Council will consider the matter.
[c.]d. Certain legislative matters, as designated by the Speaker, may be introduced under the sponsor name[,] “by the Committee on Rules, Privileges and Elections [Committee].” Legislative matters sponsored under such process shall continue to be assigned to the appropriate committee for its consideration.
e. Notwithstanding any other provision of this rule, a member shall not sponsor any proposed local law or resolution that would confer a direct or indirect benefit to such member.
[6.30]6.30. Papers Referred to Committee; Change of Reference [-]- a. Every [proposed local law or resolution] paper introduced at a Stated Meeting shall, upon its introduction, be referred by the Speaker to [a committee] one or more standing committees, subcommittees, or special committees to consider and report thereon. [The Speaker may also refer proposed local laws or resolutions to two committees for their joint consideration. When a matter is jointly referred, each committee shall vote separately on the matter and an affirmative vote of both committees shall be required in order to report such matter to the full Council. The first-named prime sponsor may, at any time prior to the first meeting of such committee to consider such proposed local law or resolution, petition the Speaker to change the committee to which the matter has been referred.]
b. The Speaker may, upon his or her own initiative or upon petition of the first-named prime sponsor, change such referral [At] at any time prior to the first meeting of [such] a committee to consider such [proposed local law or resolution, such reference may be changed by the Speaker] matter.
c. Notwithstanding the provisions of paragraph a of this rule, the Speaker may designate a paper as preconsidered and assign it to one or more standing committees, subcommittees, or special committees prior to introduction. Preconsidered matters which have been reported out of committee favorably or with amendments may be introduced and voted on at the same Stated or Special Meeting.
6.40. Type of Enactment - [a.] All enactments shall be by local law or resolution.
[b. The introduction of all proposed local laws shall be accompanied by a plain language summary of the bill which shall be posted on the Council’s legislative tracking database and updated when the applicable bill is amended.]
6.50. [Fiscal Impact Statements -No proposed local law or budget modification shall be voted on by a Council committee or the Council unless it is accompanied, on a separate form, by a fiscal impact statement prepared by the Finance Division of the Council. Any proposed local law or budget modification with a fiscal impact statement indicating a fiscal impact may be referred by the Speaker to the Committee on Finance following approval by the committee to which such matter was originally referred.
6.55 Preliminary Fiscal Estimate - A first named prime sponsor of any proposed local law that has been introduced may request the preparation of a preliminary fiscal estimate for such proposed local law at any time, which shall be produced within 60 days of such a request to the extent practicable.
6.60. Legislative Drafting Services] Legislative Drafting Services - a. Members shall submit all requests for proposed local laws and resolutions to the Legislative Division prior to introduction.
b. The Speaker shall ensure that the Council central staff provides legislative drafting services to all members on an equitable, timely and confidential basis. Confidentiality precludes Council central staff from refusing to provide legislative drafting services to any member on the basis that similar legislation is currently being drafted.
[b. Some or all of such drafting services shall be provided by a dedicated drafting unit within Council central staff, the primary function of which is the drafting of legislation.]
c. Central staff, to the extent practicable, shall respond to active requests for proposed local laws and resolutions by providing a draft of the proposal to the requesting member within 60 days of the requesting member activating such request, provided however, such 60-day period shall be tolled for any periods of time when central staff is waiting for a response to a request for specific additional information from the requesting member.
d. Members shall have access to a tracking database that identifies the staff member to whom each of their requests has been assigned[,] and [which] provides the status of each such request.
[d. Members shall submit all proposed local laws and resolutions and proposals for laws and resolutions to the legislative division prior to introduction; provided that any proposed local law or resolution submitted by any member to the Speaker’s office in conformance with the rules of this chapter shall be deemed to have been approved by the legislative division.
e. Central staff, to the extent practicable, shall respond to requests for legislation in the order in which they were received, providing a draft of the proposal to the requesting Member within sixty days of the date of such request.]
[f.]e. Upon request, a member may [view any legal memorandum drafted by staff of the legislative division] receive a legal briefing regarding a request such member has made for legislation.
[g]f. Members may request amendments to legislation for which they are the first-named prime sponsor at any time prior to such legislation receiving [any] a committee vote. Once finalized for consideration, such amended legislation shall be posted to the Council’s website.
6.60. Home Rule Requests; How Presented - Any resolution presented to the Council calling upon the legislature of the State of New York to pass a specific bill pending before such legislature shall be filed with the Legislative Document Unit with a copy of the State bill.
CHAPTER VII - COMMITTEES
7.00. [Appointment - a.]Application - As used in this chapter, the term “committee” may refer to a standing committee, subcommittee, or special committee except as otherwise specified or indicated by usage.
7.10 Establishment and Appointment - a. Prior to the establishment of the membership of any other committee, and after the selection of the Speaker, the Council shall elect the membership of the Committee on Rules, Privileges and Elections. All other committees and appointments thereto shall be recommended by the Committee on Rules, Privileges and Elections, approved by the Council and published in the Calendar. All standing committee chairpersons shall be elected by the Council as a whole. Once elected, a standing committee or subcommittee chairperson may be removed prior to the end of the session without their consent only by the [uncoupled] vote of 2/3 of all the [members] Council Members.
b. The Speaker may create such subcommittees or special committees as he or she deems necessary and appropriate.
c. Each standing committee shall be composed of no fewer than five Council Members.
d. Committee chair vacancies shall be filled within 90 days, except that whenever a vacancy causes the membership of a standing committee to be less than five members, such vacancy shall be filled within 60 days.
7.20 Standing Committees - The standing committees of the Council shall bear the following titles and possess the following [substantive matter] jurisdictions:
AGING - Department for the Aging and all federal, [s]State and municipal programs pertinent to senior citizens.
CIVIL AND HUMAN RIGHTS - Human Rights Commission, Equal Employment Practices Commission and Equal Employment Opportunity.
CIVIL SERVICE AND LABOR - Municipal Officers and Employees, Office of Labor Relations, Office of Collective Bargaining, Office of Labor Services, and Municipal Pension and Retirement Systems.
CONSUMER AND WORKER PROTECTION - Department of Consumer [Affairs] and Worker Protection and Office of Nightlife.
CONTRACTS - Procurement Policy Board, review of City procurement policies and procedures, oversight over government contracts, Mayor's Office of Contract Services and collection agency contracts.
CRIMINAL JUSTICE - Department of Correction and Department of Probation.
CULTURAL AFFAIRS, LIBRARIES AND INTERNATIONAL INTERGROUP [RELATIONS] ORGANIZATIONS - Department of Cultural Affairs, libraries, museums, Art Commission, New York City Commission for the United Nations, Consular Corps and Protocol, Mayor’s Office of Special Projects and Community Events, and to encourage harmony among the citizens of New York City, to promote the image of New York City and enhance the relationship of its citizens with the international community.
ECONOMIC DEVELOPMENT - Economic Development.
EDUCATION - Department of Education, School Construction Authority, and [C]charter [S]schools.
ENVIRONMENTAL PROTECTION, RESILIENCY AND WATERFRONTS - Department of Environmental Protection and Office of Long Term Planning and Sustainability and Office of Recovery and Resiliency.
FINANCE - Executive Budget review and Budget modification, Banking Commission, Comptroller's Office, Department of Finance, Independent Budget Office and fiscal policy and revenue from any source.
FIRE AND EMERGENCY MANAGEMENT - Fire/EMS (non-health-related issues), and Emergency Management Department (OEM).
GENERAL WELFARE - Human Resources Administration/Department of Social Services, Department of Homeless Services, and charitable institutions.
GOVERNMENTAL OPERATIONS, STATE & FEDERAL LEGISLATION - Municipal governmental structure and organization, Department of Citywide Administrative Services, Office of Administrative Trials and Hearings, Community Boards, Tax Commission, Board of Standards and Appeals, Campaign Finance Board, Board of Elections, Voter Assistance Commission, Commission on Public Information and Communication, Department of Records and Information Services, Financial Information Services Agency, Law Department, Federal legislation, State legislation and Home Rule requests
HEALTH - Department of Health and Mental Hygiene, Office of the Chief Medical Examiner and EMS (health-related issues).
HIGHER EDUCATION - City University of New York.
HOSPITALS - Public and private hospitals, Health and Hospitals Corporation.
HOUSING AND BUILDINGS - Department of Housing Preservation and Development, Department of Buildings and rent regulation.
IMMIGRATION - Mayor’s Office of Immigrant Affairs and other matters affecting immigration.
LAND USE - City Planning Commission, Department of City Planning, Department of Information Technology and Telecommunications, Landmarks Preservation Commission, land use and landmarks review.
MENTAL HEALTH, DISABILITIES AND ADDICTION - Department of Health and Mental Hygiene (issues of mental health, developmental disability and addiction services) and Mayor’s Office for People with Disabilities.
OVERSIGHT AND INVESTIGATIONS - To investigate any matters within the jurisdiction of the Council relating to property, affairs, or government of New York City and the Department of Investigation.
PARKS AND RECREATION - Department of Parks and Recreation.
PUBLIC HOUSING - New York City Housing Authority.
PUBLIC SAFETY - Police Department, Civilian Complaint Review Board, Mayor’s Office of Criminal Justice, courts, legal services, District Attorneys, and the Office of the Special Narcotics Prosecutor.
RULES, PRIVILEGES AND ELECTIONS - Council structure and organization and appointments.
SANITATION AND SOLID WASTE MANAGEMENT - Department of Sanitation and the Business Integrity Commission.
SMALL BUSINESS - Department of Small Business Services and matters relating to retail business and emerging industries.
STANDARDS AND ETHICS - Conflicts of Interest Board and Council [E]ethics.
TECHNOLOGY - Technology in New York City, Department of Information Technology and Telecommunications (non- land use-related issues), Mayor’s Office of Media & Entertainment, NYC TV, and dissemination of public information through the use of technology.
TRANSPORTATION AND INFRASTRUCTURE - Mass [T]transportation [A]agencies and facilities, Taxi and Limousine Commission, Department of Transportation and New York City Transit Authority, and the Department of Design and Construction and matters related to infrastructure projects within New York City.
VETERANS - Department of Veterans’ Services and other veteran related issues.
WOMEN AND GENDER EQUITY - Issues relating to advancing the economic mobility, social inclusion, leadership and civic participation of women and girls, domestic violence, Office to End Gender-Based Violence and the Commission on Gender Equity.
CHILDREN AND YOUTH - Administration for Children’s Services, the Division of Youth and Family Justice within the Administration for Children’s Services, Youth Board, Department of Youth and Community Development, Interagency Coordinating Council on Youth, and youth related programs.
[b. Each standing committee shall be composed of no fewer than five members.
c. The Speaker may create such subcommittees or special committees as he or she deems necessary and appropriate.
7.10. Ex-Officio Members - The Public Advocate, Speaker, Majority Leader, and Minority Leader, shall be ex-officio members of all committees. Ex- Officio members of committees may ask questions and make statements, but shall not have the right to vote on matters before any committee to which they are an Ex-Officio member.]
[7.20]7.30. Committee of the Whole - The Speaker may, at any time, convene the Committee of the Whole and shall provide each member and the public with notice of such meeting together with a schedule of those items to be considered as far in advance of such meeting as is practicable. When the Council convenes as a Committee of the Whole, the Speaker shall be chairperson of such Committee.
7.40. Chairperson; Committee Members [-]- On any list of members of a committee published by the Council, [T]the first-named member of [each] such committee shall be the chairperson and each committee member shall thereafter be listed in alphabetical order [of their seniority within the dominant political party. All vacancies in committees shall be filled within sixty days and committee chairs shall be filled within ninety days by report of the Committee on Rules, Privileges and Elections and adopted by the Council].
[7.30]7.50. Duties - Pursuant to Section 29 of the City Charter, each standing committee shall hold oversight hearings relating to the activities of the agencies within such committee’s jurisdiction, [the appropriate committees shall perform legislative oversight of functions on a regular basis,] including but not limited to review of agency policies, programs and management, [making] make recommendations to the Finance Committee on agency budget requests, [formulating] formulate an agenda for inquiry and investigation, [holding] hold hearings and meetings on [pending] proposed legislation and [developing] develop legislative programs. Each standing committee shall hold oversight hearings on the Mayor’s Management Report with respect to those agencies within the committee’s jurisdiction.
[7.40]7.60. Staff - Each [standing] committee shall have at least one [full-time] staff person assigned to it from Council central staff [, as practicable]. Such committee staff shall be responsible for drafting all briefing papers and committee reports of such committee. [The senior counsel assigned to each committee shall be subject to the ongoing approval of the chairperson of such committee.]
[7.50]7.70. Meetings - a. All committee meetings shall be held at the call of the chairperson of the committee. The Speaker may not prevent a committee meeting called by the chairperson of a committee from taking place except by a written finding that the topic is outside the jurisdiction of the committee, there is a scheduling conflict at the time such meeting is called, or there are insufficient staff resources for such meeting and such committee has already met or planned to meet once in that month.
b. The majority of any committee may petition, in writing, the chairperson of said committee to call a meeting to consider the subject matter of such petition. If the chairperson of said committee fails to call such meeting within ten days from the receipt of said petition, said majority may petition, in writing, the Speaker, who shall issue such call.
[b]c. No committee meeting shall be convened on the day of a [stated or special meeting] Stated, Charter, or Special Meeting of the Council unless the item to be considered by such committee, will[, out of necessity,] be proposed as a General Order for that day or such committee meeting is called with the consent of two-thirds of the members of such committee.
[c]d. Each standing committee, except for the Committees on [State and Federal Legislation,] Standards and Ethics, Oversight and Investigations, and Rules, Privileges and Elections, [beginning in the month subsequent to the first appointment of members to committees, at the beginning of the Council term,] shall meet no less than once every two months beginning in the month subsequent to the first appointment of members to committees pursuant to Rule 7.10; except that the Committee on Land Use shall meet no less than once a month; and except that no committees are required to meet during the months of July and August. Subcommittees or special committees shall meet as needed to complete their work.
[d. Committees shall provide reasonable advance notice at least seventy-two hours, where practical of committee meetings to the public. Such notice shall be given to the news media and shall be posted in a public location at City Hall and web site.]
e. The chairperson of each committee shall ensure that representatives of City governmental entities affirm prior to testifying at a committee meeting that their testimony is truthful to the best of their knowledge, information and belief.
f. The chairperson shall maintain decorum at all meetings and shall have general control over the Chamber, lobbies, rooms, and corridors in that part of the building assigned to the committee.
g. No person, including but not limited to registered lobbyists, except Members of the Council and Council staff, shall be permitted access to, or behind, the dais during a committee meeting. No person except Members of the Council and committee staff shall sit at the dais during a committee meeting.
h. Member attendance shall be in person or by any other method permitted by State or local law, as authorized by the Speaker. If videoconferencing is used to conduct a meeting, the public shall be provided the opportunity to view such meeting via video, provided however, no member may use videoconferencing to attend a meeting unless a quorum of the committee is physically present in a location where the public can attend.
i. The committee counsel shall keep a record of the attendance at all committee meetings. The Legislative Documents Unit shall make such attendance records publicly available on the Council’s website. Members may submit to the Legislative Documents Unit a written explanation of their absence from a committee meeting, which shall become part of the record of such meeting.
[7.60]7.80. Public Hearings - a. Standing committees, subcommittees, and special committees shall hold all public hearings required by law. A committee chairperson may call public hearings on any matter referred to such committee[, and at such public hearing shall maintain decorum. The chairperson shall have general control over the Chamber, lobbies, rooms and corridors in that part of the building assigned to the committee]. The chairperson may allow public testimony on any item being considered by the committee at that hearing.
b. [No person, including but not limited to registered lobbyists, except Members of the Council and Council staff, shall be permitted access to, or behind, the Council Member dais during a committee hearing.] Any committee which schedules a meeting for the purpose of considering the nomination, appointment, designation or recommendation of any individual pursuant to power vested in the Council shall, in its announcement of such meeting, invite the public to be heard with respect to the qualifications of any such individual.
c. Each person who completes and submits an appearance form at a public hearing shall be given the opportunity to speak. The chair may impose a deadline to sign up to speak, provided the notice for such public hearing includes such deadline and such deadline is no earlier than 5 p.m. the day before the hearing.
d. The chairperson may deny the opportunity to speak to any person who causes a disturbance in the hearing room or who refuses to observe decorum in violation of Rule 9.150.
e. The chairperson may determine the order of witnesses and establish time limits for testimony.
f. Whenever videoconferencing is used to conduct a public hearing, the Council shall provide members of the public the opportunity to participate in proceedings via videoconference in real time and shall ensure that videoconferencing authorizes the same public participation or testimony as in person participation or testimony.
g. At any public hearing, the chair may, at their discretion, read into the record of such hearing the anonymous testimony of any witness who wishes to remain anonymous because of their immigration status or fear of physical violence or employment retaliation. A witness who wishes to remain anonymous shall submit a letter to the Legislative Documents Unit requesting anonymity and stating the reasons for such request at least three business days before such hearing. The witness should attach to such letter written testimony that is two minutes or less when read aloud. No information about the identity of a witness who submits testimony in compliance with this rule shall be made available for public inspection pursuant to Rule 5.10 or Article 6 of the Public Officers Law.
[7.65. Prohibition on the Use of Mobile Telephones - The Council prohibits the use of all mobile telephones during the course of committee meetings. The committee chairperson shall enforce this Rule during the course of committee hearings by directing that all mobile telephones be silenced or placed on vibrate at the start of such committee meeting, and that they not be in use during the meeting until its conclusion.]
[7.70]7.90. [Required] Voting - a. All committee determinations [, except as provided for in Rule 8.50 b.,] shall be on roll call vote of the majority of the entire committee, including determinations on matters requiring a greater vote for final passage by the Council. A quorum being present, a majority of those present at a meeting shall be sufficient to decide a motion, including all appeals from rulings of the chair or other points of order or procedure.
b. All votes shall be cast in person, or by any other method authorized by the Speaker and permitted by State and local law.
c. All votes shall be cast[, and] in open session, except that the Committee on Standards and Ethics shall be authorized to record its vote while in executive session to consider a disciplinary matter pursuant to the provisions of [s]Section 105 of the Public Officers Law. [Except for a voice vote as authorized by Rule 8.50 b.,]
d. [t]The result of each roll call vote[,] taken during any meeting of a committee, the name of each member voting for and each member voting against the matter, and the names of those members present but not voting shall be recorded in the minutes of the meeting and made available [by the Legislative Document Unit for inspection by] to the public [at reasonable times. Members may submit to the committee a written explanation of their absence from a committee meeting, which shall become part of the record of such meeting].
[b. Resolutions will be acted upon by a roll call vote, unless, at the discretion the Chairperson of the Committee to which it was assigned and with approval of the Speaker, such matter maybe acted upon through a voice vote, once a quorum of the Committee Members are present. If approved by voice vote, such vote will be recorded by the Legislative Document Unit as being, “adopted by the committee.” Committee Members may have a “no vote” or “abstention” recorded by the Legislative Document Unit, by specifically requesting such from the Chairperson, at the time of the voice vote.]
7.[90]100. Committee Action [-]- a. A subcommittee may recommend to a standing committee the approval, amendment, disapproval, or filing of any matter referred for its consideration. A standing committee, special committee, or the Committee of the Whole may recommend to the full Council the passage, adoption, approval or filing of any proposed local law or resolution or any other matter referred to it for consideration. When a matter has been jointly referred to more than one committee, each committee shall vote separately on the matter and an affirmative vote of both committees shall be required in order to report such matter to the full Council.
b. The question of the action to be taken by [the] a standing committee, special committee or the Committee of the Whole shall be put by the chairperson upon motion of any member, which motion shall not require a second. If a majority of the members of the committee vote affirmatively to report or file the matter, such [proposed local law, resolution or other] matter shall be reported forthwith to the Council. If a majority of the members of the committee vote negatively on such question, such [proposed local law, resolution or other] matter shall be continued on the committee calendar until disposed of. If the committee recommends that a matter be filed, upon an affirmative vote by the Council to file, the matter shall be removed from the Council Calendar. [The vote on all matters before the committee shall be recorded in the minutes of the committee meeting and made available to the public. Members may submit to the committee a written explanation of their absence from such vote, which shall become part of the record of that committee meeting during which the vote was taken.
7.100]7.110. Sponsor’s Privilege - The first-named sponsor of a proposed local law or resolution referred to a standing committee may, at least 60 days after introduction, petition the chairperson to schedule a committee meeting to consider such proposed local law or resolution. A meeting shall then be scheduled within 60 days of such petition for the purpose of determining future action. At such meeting, the sponsor shall be the first heard in support of such proposed local law or resolution. The committee shall either vote thereon or schedule a hearing to be held within 30 days, at which hearing a vote shall be taken if the sponsor so requests. [If a proposed local law or resolution is reported favorably by a committee and the Council does not, within 45 calendar days of such report, vote on a motion to adopt, lay upon the table, postpone, refer or recommit such proposed local law or resolution, it shall be in order at any stated Council meeting occurring after the expiration of the 45-day period for the sponsor of such proposed local law or resolution to move for immediate consideration of such proposed local law or resolution.]
[7.110]7.120. Supermajority Bill Sponsorship - If a proposed local law or resolution is sponsored by at least 34 members, and such proposed local law or resolution has not received, or is not scheduled to receive, a hearing in the committee or committees to which it has been referred, a meeting of the committee or committees to which such proposed local law or resolution has been referred shall be scheduled within 60 days of such threshold being reached for the purpose of determining future action. Such meeting or meetings shall not be required if (i) the number of sponsors of such proposed local law or resolution drops below 34 members at any point prior to the end of such 60 day time period, or prior to such meeting or meetings, whichever is earlier; (ii) at any time, the first-named prime sponsor of such proposed local law or resolution writes to the chair of the committee or committees to which such legislation has been referred requesting a deferral of such meeting or meetings; or (iii) at any time prior to such meeting or meetings a hearing is scheduled on the proposed local law or resolution in such committee or committees.
The first-named prime sponsor may retract a deferral request by writing to the chair of the relevant committee or committees, after which such meeting shall be scheduled within 60 days. At a meeting held pursuant to this rule, the committee must vote on whether or not to schedule a hearing on the proposed local law or resolution.
[7.120]7.130. Participation at Committee Meetings - Committee members may question witnesses, vote, make statements, submit written information to the record, and otherwise participate in the work of a committee as a matter of right. Such Council staff as may be designated by the chairperson may also question witnesses. Non-committee members may question witnesses, [and] make statements, and submit written information to the record at committee meetings, except that, while in executive session considering a disciplinary matter, the Committee on Standards and Ethics shall limit attendance and participation to Committee members, the subject of such matter, witnesses, and certain designated Council staff only.
[7.130. Discharge of Committee - A committee may be discharged from further consideration of any matter referred to such committee, by a majority vote of the Council. The first sponsor of a proposed local law or resolution shall give written notice at least seven business days in advance, to the committee chairperson and the Speaker of the intention to so move at the next Council meeting. Such notice shall be accompanied by a memorandum in support of the motion to discharge, which shall be signed by at least seven members, including the first sponsor.
No proposed local law or resolution that has been approved by the Council for discharge from committee shall be vote d upon at the same meeting at which the vote on the motion to discharge occurred. In the event that any amendment to a proposed local law or resolution is adopted, the proposed local law or resolution shall be referred back to the committee from which it was discharged.
Once a matter has been referred to a committee, it shall not be acted upon by the Council until the committee has reported thereon or has been discharged. Notwithstanding the foregoing, a committee to which there has been referred any matter which, by law, must be considered and acted upon by the Council within a fixed period of time, shall, at the last stated meeting of the Council preceding the expiration of such time, be deemed to be discharged from further consideration thereof. A committee which has been instructed to report at a certain meeting shall be deemed to be discharged from further consideration of the matter referred to it, unless it makes a report at such meeting or receives from the Council a further extension of time to report.]
7.140. Committee Rules - The Rules of the Council, as far as applicable, shall govern all committees of the Council.
7.150. Subpoenas [-]- The chairperson of a standing committee, upon majority vote of said committee, or the Speaker, may sign a subpoena requiring a person to appear before the committee to be examined under oath or requiring the production of books, accounts, papers and other evidence [in reference] relevant to any matter within the scope of the inquiry or investigation being conducted by the committee [or requiring the production of books, accounts, papers and other evidence relative to the inquiry]. The Speaker may also sign a subpoena on behalf of a select committee or legislative panel. In the case of a subcommittee, the chairperson of the standing committee of which the subcommittee forms a part, upon majority vote of said standing committee, or the Speaker, may sign a subpoena.
[7.170]7.160. Executive Session - Each committee may meet in executive session pursuant to the New York State Open Meetings Law.
CHAPTER VIII - STATED MEETINGS - PROCEDURE
8.00. [Order of Business - ] Agenda - a. Under the direction of the Speaker, the Legislative Document Unit shall compile an agenda for each Stated, Charter and Special Meeting of the Council and shall provide each member with a copy thereof. The agenda shall include all vetoes, messages from the Mayor or other City, county and borough officials, departments and agencies, other petitions and communications, Land Use call-up resolutions, and reports of subcommittees, special and standing committees. All matters which have been considered by a standing committee, special committee, or Committee of the Whole and reported out favorably or with amendments, and all items deemed discharged from further consideration by the Committee on Land Use and its subcommittees pursuant to Rule 11.60 shall be listed in a section devoted to General Orders, except for resolutions placed on the Resolutions section of the Stated Meeting agenda pursuant to Rule 8.60. A list of introductions of proposed local laws and resolutions, submitted for consideration to the Council and referred to a committee at such meeting, where practicable, shall be annexed.
b. General Orders are those proposed local laws, resolutions or other items of unfinished business requiring no further action by the Council, except to vote thereon. In the event any matters on the General Order Calendar of a particular meeting are not acted upon, they shall be continued on the agenda at the next meeting, and each succeeding meeting until final action is taken.
c. The order of business shall be as follows, unless otherwise directed by the Council.
1. Roll Call
2. Invocation
3. Adoption of the Minutes
4. Messages and Papers from the Mayor
5. Communications from City, County and Borough Offices
6. Presentation of Petitions and Communications
7. Land Use Call-Ups
8. Communications from the Speaker
9. Discussion of General Orders
10. Reports of Special Committees
11. Reports of Standing Committee s
12. General Orders and other Pending Matters
13. Introduction of Local Laws and Resolutions
14. Discussion of Resolutions
15. Resolutions
16. General Discussion
17. Extension of Remarks
8.10 Messages from the Mayor - Messages from the Mayor may[, however,] be received at any time.
8.20 Motion to Recall - It shall always be in order to move to recall a local law from the Mayor[ or].
8.30 Rules Committee Call-Ups - It shall always be in order to move to call up for consideration a report from the Committee on Rules, Privileges and Elections.
[8.10. Home Rule Requests; How Presented - Any resolution presented to the Council calling upon the legislature of the State of New York to pass a specific bill pending before such legislature shall be filed with the Legislative Document Unit together with ten copies of the State bill.
8.20]8.40. Admission to Floor of Council Chamber and Committee Room - No person, including but not limited to registered lobbyists, shall be admitted to the floor of the Council Chamber or the Committee Room during [the stated and special meetings] Stated and Special Meetings except for the following individuals, who shall be permitted on the floor in those areas as the Speaker may designate:
a. The Mayor, Deputy Mayors or employees of the Mayor’s Office of Intergovernmental Affairs[.];
b. The employees of the Council and the Clerk of the Council and his or her employees as are required by the Council to assist in the performance of its functions, including the Counsel to the Minority Leader when required by the Minority Leader to assist in the performance of his or her duties at such meeting[.];
c. Heads of City departments and agencies, when their presence is requested or required by the Council[.];
d. Members of the press in the sections of the Chamber assigned for their use[. Such other persons as may be granted the courtesy of admission to the floor.];
e. Former Council Members [in the area of the Council Chambers designated for VIPs.]; and
f. Such other persons as may be granted the courtesy of admission to the floor by the Speaker.
[8.21. Admission to the Committee Room During Stated and Special Meetings - No person, including but not limited to registered lobbyists, shall be admitted to the Committee room during stated and special meetings except:
a. The Mayor or the Deputy Mayors.
b. The employees of the Council and the Clerk of the Council and his or her employees as are required by the Council to assist in the performance of its functions.
c. Heads of City departments and agencies, when their presence is requested or required by the Council.
d. Members of the press.
e. Such other persons as may be granted the courtesy of admission to the floor.]
[8.30]8.50. Order of Calling the Roll - The roll call of the Council shall be in alphabetical order, except as modified by the presiding officer, then the Minority Leader, the Majority Leader and the Speaker.
[8.40]8.60. Voting - a. All votes cast at [stated, charter and special meetings] Stated, Charter and Special Meetings of the Council shall be in person, or by any other means authorized by the Speaker and permitted by State and local law. When hearing their names called, Council Members may pass their voting turn for up to two times, but must have their vote recorded when called a third time.
b. A local law or resolution must receive a vote of the majority of all Council Members, except for a local law or resolution pursuant to a message of necessity from the Mayor, a veto override, or a Home Rule request, all of which require a two-thirds vote of all Council Members. A quorum being present, a majority of those present shall be sufficient to decide a motion, including all appeals from rulings of the chair or other points of order or procedure.
c. A Council Member can vote for or against any local law or resolution on the General Orders calendar or may abstain from the same. A Council Member who has an interest in a firm that is not prohibited may only take action affecting such interest by disclosing such interest when voting.
d. Resolutions placed on the Resolutions section of the Stated Meeting agenda pursuant to Rule 8.80(b) shall be considered individually and acted upon by voice vote without amendment. If adopted, such vote will be recorded by the Legislative Document Unit as being, “adopted by action of the council.”[.] Council Members may have a “no vote” or “abstention” recorded by the Legislative Document Unit at the time the matter is acted upon, by specifically requesting such from the [Presiding Officer] presiding officer, at the time of the voice vote, or by informing the Legislative Document Unit prior to the result of the voice vote being announced.
e. At the first opportunity to vote, a Council Member may request permission from the presiding officer to vote on all items on the agenda for such meeting, provided that prior to such meeting, the Speaker grants permission to make such request and the Council Member notifies the Parliamentarian of the Speaker’s decision thereon. Permission shall not be granted if doing so would reduce the number of Council Members in the chamber below the number required for any subsequent vote on the agenda. A Council Member granted permission to vote on all items on the agenda during the roll call vote on Land Use call-ups shall not be given permission to explain their vote.
f. A Council Member who is absent from a meeting when a vote on General Orders is called may request permission to vote after the result of such vote is announced and before such meeting has adjourned provided they may only do so with the unanimous consent of the Council Members present.
g. Once the result of a voice vote has been announced by the presiding officer, a roll call vote shall be ordered only upon the demand of at least two members.
8.70 Separate Questions - Any Council Member may request that a proposed local law, resolution or other item be separated from other general orders for consideration and vote prior to commencement of the vote on the General Order calendar.
[8.50]8.80. Consideration of Resolutions - a. [No]Except as provided in Rule 11.20, no resolution shall be adopted on the day of its introduction[,] unless it has been considered and approved by the [Committee] committee or committees to which it was referred or the matter has been discharged from such committee or committees pursuant to Rule 8.240 or 11.60.
b. [Upon introduction, all Resolutions shall be referred to a Committee. Certain qualified Resolutions, which must contain subject matter having time sensitive considerations or are general in application, may be designated jointly by the Chairperson of the Committee to which it was assigned and the Speaker, as an “8.50 b. Resolution”. Such designation, where practical, will allow for a prompt hearing by the Committee to which it was assigned. At a prompt hearing, the Sponsor of such Resolution shall move the Committee, when a quorum is present, for its immediate consideration of the matter before it, by providing the Committee with a brief description of the merits of such Resolution. Witness testimony shall be prohibited. At the conclusion of the Sponsor’s statement, the Committee Chairperson shall close the hearing on this matter and, pursuant to Rule 7.70, at his or her discretion, move to approve the matter either by roll call vote or voice vote of the Committee Members. Resolutions that have not received an 8.50 b. designation shall continue to be considered under applicable Rules.
c. A Committee approved Resolution, at] At the discretion of the Speaker, a resolution approved by the committee to which it was referred, can be placed either on the General Orders section of a Stated Meeting agenda, where it will be included as part of the roll call vote, or on [a separate] the Resolutions section of a Stated Meeting agenda [referred to as, “Resolutions”,] which shall follow[,] “Discussion of resolutions” pursuant to Rule [8.40, for action by the Council] 8.00. Resolutions assigned to [this] the Resolutions section of the agenda will be considered [individually and voted on, by voice vote, with no debate or amendment] in the manner prescribed by Rules 8.60(d) and 8.150. [If adopted, such vote shall be recorded by the Legislative Document Unit as being “adopted by action of the council”. Individual Council Members may have a “no vote” or “abstention” recorded at the specific time the resolution is acted upon by requesting such of the Presiding Officer.]
[8.60]8.90. Presence of Quorum; Member Silent on Roll Call - Whenever any member raises the question as to the presence of a quorum, the presiding officer shall forthwith direct the Legislative Document Unit to call the roll, and shall announce the result, and such proceedings shall be without debate; but no member, while speaking, shall be interrupted by raising the question of absence of quorum, and such question shall not be raised more than once every hour, unless the absence of a quorum be disclosed upon a roll call. Whenever, upon a roll call, any [member] Council Member present refuses to make an affirmative response, it shall be the duty of the presiding officer, either upon said officer’s own motion or upon the suggestion of any member of the Council, to request the [member] Council Member so remaining silent to respond as “present”, and if such [member] Council Member fails to do so, the fact of such request and the refusal shall be entered in the minutes and such member shall be counted as present for the purpose of constituting a quorum. A majority of all Council Members shall constitute a quorum.
[8.70]8.100. Call of the Council - For the purpose of securing the attendance of [members] Council Members, a call of the Council may be ordered at any time, except that no such call shall be in order when the voting on any question has begun unless it shall appear upon an actual count by the presiding officer that a quorum is not present. If a call of the Council is demanded by two members, the roll call shall be called [upon a demand for a call of the Council], and if a majority be recorded in the negative, a call of the Council shall not again be in order except by unanimous consent until an hour has elapsed.
8.110. Call for Absentees - When a roll call has been ordered, absentees shall not be called more than once, unless requested by at least five members.
8.120. Discontinuance of Roll Call - After two roll calls for absentees, a motion to discontinue the roll call shall be in order and may be adopted by a majority vote.
8.130. Discussion of General Orders - Any member, when recognized by the presiding officer, may speak on any matter on the General Order calendar during the period of Discussion of General Orders. Such member may speak for no more than two (2) minutes unless permission to extend the time is granted by the presiding officer, except that the Minority Leader shall have up to five (5) minutes to speak on any matter on the general order calendar.
8.140. Discussion of Resolutions - Any member, when recognized by the presiding officer, may speak on any Resolution on the Resolution calendar during the period of Discussion of Resolutions. Such member may speak for no more than a total of one (1) minute unless permission to extend the time is granted by the presiding officer.
8.150. Explanation of Votes - A Council Member desiring to be excused from voting, or to explain a vote may, when his or her name is called, with permission from the presiding officer, make a statement of the reasons for voting in such a manner, lasting no more than two (2) minutes, provided that if such member has spoken on any matter for 10 minutes or more pursuant to the Ten Minute Rule (Rule 8.170), they may not explain their vote. No explanation of a vote shall be permitted during a roll call vote on land use call-ups.
8.160. General Discussion - Any member, when recognized by the presiding officer, may speak on any issue, including any matter being introduced, during the period of general discussion. Such member may enter written materials or prepared statements of no more than five (5) pages into the official record or may speak for no more than a total of two (2) minutes unless permission to extend the time is granted by the presiding officer.
8.170. Ten Minute Rule- a. A member shall not speak more than once at a Stated Meeting on the same general question until every other member desiring to be heard upon the question has spoken.
b. A member shall not speak on any matter at a Stated Meeting more than three (3) times, except by permission of the presiding officer.
c. A member shall speak for no more than ten (10) minutes in the aggregate on any matter except by permission of the presiding officer.
8.180. Reconsideration of a Question - a. When a question has been decided, it shall be in order for any Council Member who voted in the majority to move for its reconsideration. Such motion shall be made on the same day the question was decided, or at the next Stated, Charter, or Special Meeting. A motion to reconsider a question shall be decided upon majority vote of all Council Members present and voting, except that no matter shall be reconsidered more than twice. No motion for reconsideration of a question shall be in order after the proposed local law, resolution, message, report, amendment or motion upon which the vote was taken shall have gone out of possession of the Council, except as provided herein.
b. Notwithstanding the provisions of subdivision a of this rule, at any time prior to the election at which a local law is to be submitted to the electors pursuant to the Charter, the Council, not later than fifteen (15) days prior to the election, may reconsider its action thereon and repeal such local law without submission to the Mayor, whereupon the proposition for its approval shall not be submitted at such election, or if submitted, the vote of the electors thereon shall be without effect.
c. When a proposed local law or resolution is recalled from the Mayor by the Council pursuant to Section 37 of the Charter, a motion for reconsideration may be made by any Council Member who voted in the majority on the original question, or the matter may be referred to committee by the Speaker.
d. Pursuant to Section 37 of the Charter, reconsideration of a local law disapproved by the Mayor shall always be in order within thirty days after the meeting of the Council at which the Clerk of the Council presents the Mayor’s written objections. Reconsideration of such local law shall be in the manner prescribed in Rule 9.10.
8.190. Debate - The chairperson of the committee reporting, or his or her designee, shall have the option to open debate. Upon the announcement by the presiding officer that debate is closed, the Minority Leader, or his or her designee, may be the next to the last speaker and close debate for the minority party; the Speaker, or his or her designee, may close debate for the majority party, and shall be the last speaker on any issue.
8.200. Questions of Priority - All questions relating to the priority of business shall be decided without debate.
8.210. Extension of Remarks into the Council Record - Members may add supplemental written materials and prepared statements to the record of a Stated or Special Meeting during the period of extension of remarks. At such meeting, copies of such materials or statements shall be provided by such member to all other members and to the presiding officer. Such materials and statements shall become part of the official record of the Stated Meeting without being read into the record. All such supplemental written materials and prepared statements shall be printed in the official record of the meeting under the caption “Extension of Remarks into the Council Record.”
8.220. Discharge from Committee - a. Once a matter has been referred to a committee, it shall not be acted upon by the Council until the committee has reported thereon or such matter has been discharged. Notwithstanding the foregoing, a committee to which there has been referred any matter which, by law, must be considered and acted upon by the Council within a fixed period of time, shall, at the last Stated Meeting of the Council preceding the expiration of such time, be deemed to be discharged from further consideration thereof.
b. A committee which has been instructed to report at a certain meeting shall be deemed to be discharged from further consideration of the matter referred to it, unless it makes a report at such meeting or receives from the Council a further extension of time to report.
c. Upon motion of the first-named sponsor, a standing committee, subcommittee, or special committee may be discharged from further consideration of any proposed local law or resolution referred to such committee, by a majority vote of the Council. The first-named sponsor of a proposed local law or resolution shall give written notice of the intent to make a motion to discharge to the Speaker and the committee chairperson or chairpersons. Such notice shall be provided at least seven (7) business days in advance of the Stated Meeting at which the sponsor intends to make such motion. Such notice shall be accompanied by a memorandum in support of the motion to discharge, which shall be signed by at least eleven (11) Council Members, including the first-named sponsor, unless the first-named sponsor is the Public Advocate, in which case such memorandum in support of the motion to discharge shall be signed by the Public Advocate and at least eleven (11) Council Members.
d. The Council shall not vote on any proposed local law or resolution at the same meeting at which the Council votes to approve a motion to discharge such matter from committee. Whenever voting on a proposed local law the Council shall comply with all requirements of Section 20 of the Municipal Home Rule Law and Rule 9.10.
e. If the Council adopts an amendment to a proposed local law or resolution at the same meeting at which the Council approves a motion to discharge such matter from committee, the amended proposed local law or resolution shall be referred to the committee from which such matter was discharged.
8.230. Immediate Consideration - If a proposed local law or resolution is reported favorably by a committee and the Council does not, within 45 calendar days of such report, vote on a motion to adopt, lay upon the table, postpone, refer or recommit such proposed local law or resolution, it shall then be in order at any subsequent Stated Meeting for the sponsor of such proposed local law or resolution to move for immediate consideration of such proposed local law or resolution. If a motion for immediate consideration is approved, the Council shall immediately consider such proposed local law or resolution provided, however, the Council shall comply with all requirements of Section 20 of the Municipal Home Rule Law and Rule 9.10 whenever voting on a motion to adopt a proposed local law.
CHAPTER IX - GENERAL PROCEDURES FOR [STATED] MEETINGS [AND COMMITTEE HEARINGS AND MEETINGS]
9.00. [Absent Members;] Absences and Opportunity to Indicate Position on Roll Call - a. Any member may submit to the Legislative Document Unit a written explanation of his or her absence from a [stated] meeting which shall become part of the record of such meeting.
b. Any member absent from a [particular] meeting or part thereof [who wishes to have indicated] may indicate in the record of such meeting a position on a specific issue [may do so] by [communicating the wish] submitting such position to the Legislative Document Unit prior to the announcement of the result of [such] a vote thereon. Such indication in the record shall not be deemed a vote but shall become part of the proceedings.
9.10. Fiscal Impact Statements - a. No public hearing or vote on a proposed local law shall be held unless such local law is accompanied by a fiscal impact statement prepared by the Finance Division of the Council.
b. No budget modification shall be voted on by a Council committee or the Council unless it is accompanied by a fiscal impact statement prepared by the Finance Division of the Council.
c. At least 8 days in advance of a public hearing or vote on a proposed local law, notice of such hearing or vote shall be provided to the Director of the Office of Management and Budget. No additional notice shall be required pursuant to this rule if the date of the hearing or vote is subsequently postponed to a later date. No such notice shall be required pursuant to this rule if the mayor has certified the necessity for the immediate passage of such local law.
d. Every fiscal impact statement required pursuant to this rule shall include estimates prepared by the Finance Division and the Office of Management and Budget provided, however, if the Office of Management and Budget fails to provide such estimate to the Council at least 3 days before the public hearing or vote for which the fiscal impact statement is required, such fiscal impact statement need only include the Finance Division’s estimate.
e. Any proposed local law or budget modification with a fiscal impact statement indicating a fiscal impact may be referred by the Speaker to the Committee on Finance following approval by the committee to which such matter was originally referred.
9.20. Local Laws Disapproved by the Mayor - Proposed local laws returned with the disapproval of the Mayor shall be referred to committee by the Speaker. The Legislative Document Unit shall enter the objections of the Mayor thereto in the minutes of the Council. A majority vote of the committee is necessary to report the matter favorably to the Council, and the Council shall then proceed to consider the question, “Shall the bill pass, the objection of the Mayor notwithstanding?” The Council shall hold only one vote upon such reconsideration. Advance notice of any vote scheduled pursuant to this rule shall conform to the requirements of Rule 9.10(a).
9.[20]30. Precedence of Motions - When a question is before the Council or in committee, only the following motions shall be received, which shall have precedence in the following order:
1. for adjournment;
2. for a recess;
3. for a quorum call of the Council;
4. to lay on the table;
5. to postpone indefinitely;
6. to postpone to a certain day;
7. to refer or recommit;
8. to amend; and
10. to [the previous] call the question.
9.[30]40. Second Not Required - Motions made by any member of the Council, whether at a meeting of the Council or in committee, shall not require a second.
[9.40. Motion to Amend to be in Writing - a. At a Stated Meeting, any Member may offer an amendment to legislation that is being considered for a vote on the General Orders Calendar. Before any motion to amend a proposed local law or resolution is debated, it shall be reduced to writing, delivered to the Legislative Document Unit and read. After the reading, the Member shall have up to two minutes to explain the amendment. Members wishing to participate in the debate shall also be entitled to speak for up to two minutes. At the conclusion of debate, the proposed amendment shall be voted on and, if approved, shall be added to the original legislation, which would be laid over for a vote at a later Stated Meeting. If more than one amendment is proposed, they shall be considered in the order made. If the amendment is voted down, the original legislation shall then be voted on.
b. All motions to amend the expense or capital budgets must be made at a Stated Meeting and must be in writing.
c. At a committee meeting, any member of the committee may offer an amendment to legislation that is being considered for a vote at such meeting. Before any motion to amend a proposed local law or resolution is debated, it shall be reduced to writing, delivered to the Legislative Document Unit at least 24 hours prior to the committee meeting, and read by the Legislative Document Unit at such meeting. After the reading, the member shall have up to two minutes to explain the amendment. The first-named prime sponsor of the legislation proposed local law or resolution and committee members wishing to participate in the debate shall also be entitled to speak for up to two minutes. At the conclusion of debate, the proposed amendment shall be voted on and, if approved, shall be added to the original legislation, which may then be voted on by the committee. If more than one amendment is proposed, they shall be considered in the order made. If the amendment is voted down, the original legislation may then be voted on.]
9.50. Matters Always in Order - A motion to adjourn, for a recess, for a quorum call of the Council, or to lay on the table, shall be decided without debate, and shall always be in order. Upon such motion, no member shall be allowed to explain a vote or give the reasons for asking to be excused from voting. No vote shall be reconsidered upon a motion to adjourn.
9.60 Adjournment - Except by unanimous consent, a motion to adjourn shall be put to a roll call vote. No vote shall be reconsidered upon a motion to adjourn.
[9.60. Separate Questions - Any member may request that a proposed local law, resolution or other item be separated from other general orders for consideration and vote prior to commencement of the vote on the general order calendar.]
9.70. [Debate Precluded] Motion to Postpone or Refer- A motion to postpone or refer shall, until it is decided, preclude all debate on the main question. A motion to refer or recommit shall only be made at a Stated Meeting.
[9.80 Vote Required - A quorum being present, a majority of those present at a [Council] meeting shall be sufficient to decide a motion, including all appeals from rulings of the chair or other points of order or procedure.]
9.80. Motion to Amend to be in Writing - a. At a Stated Meeting, any Member may offer a motion to amend legislation that is being considered for a vote on the General Orders Calendar. Before any motion to amend a proposed local law or resolution is debated, it shall be reduced to writing, delivered to the Legislative Document Unit and read. After the reading, the Member shall have up to two minutes to explain the amendment. Members wishing to participate in the debate shall also be entitled to speak for up to two minutes. At the conclusion of debate, the proposed amendment shall be voted on and, if approved, shall be added to the original legislation. If the legislation is a proposed local law, such amended legislation shall be laid over for a vote at a later Stated Meeting, consistent with Section 20 of the Municipal Home Rule Law and Rule 9.10. If more than one amendment is proposed, they shall be considered in the order made. If the amendment is voted down, the original legislation shall then be voted on.
b. All motions to amend the expense or capital budgets must be made at a Stated Meeting and must be in writing.
c. At a committee meeting, any member of the committee may offer an amendment to legislation that is being considered for a vote at such meeting. Before any motion to amend a proposed local law or resolution is debated, it shall be reduced to writing, delivered to the Legislative Document Unit at least 24 hours prior to the committee meeting, and read by the Legislative Document Unit at such meeting. After the reading, the member shall have up to two minutes to explain the amendment. The first-named prime sponsor of the legislation proposed local law or resolution and committee members wishing to participate in the debate shall also be entitled to speak for up to two (2) minutes. At the conclusion of debate, the proposed amendment shall be voted on and, if approved, shall be added to the original legislation, which may then be voted on by the committee. If more than one amendment is proposed, they shall be considered in the order made. If the amendment is voted down, the original legislation may then be voted on.
d. In no event shall a committee or the Council vote on a proposed local law amended pursuant to this rule unless it is accompanied by a fiscal impact statement that conforms to the requirements of Section 33 of the Charter.
9.90. Motion to Amend an Amendment - a. A motion to amend an amendment to a motion shall be in order, but one to amend an amendment to an amendment of a motion shall not be entertained.
b. An amendment modifying the intention of a motion shall be in order; but an amendment relating to a different subject than the original motion shall not be in order.
c. On an amendment to “Strike out and insert,” the paragraph to be amended shall first be read as it stands, then the words proposed to be stricken out, then those to be inserted, and finally the paragraph as it will stand if so amended shall be read.
9.[90]100. Withdrawal of Motions - A motion may be withdrawn by the maker of said motion at any time before a decision on the motion or amendment of the motion.
[9.100. Adjournment - Except by unanimous consent, a motion to adjourn shall be put to a roll call vote.
9.110. Motion to Amend - A motion to amend an amendment, shall be in order, but one to amend an amendment to an amendment shall not be entertained.
An amendment modifying the intention of a motion shall be in order; but an amendment relating to a different subject shall not be in order.
On an amendment to “Strike out and insert,” the paragraph to be amended shall first be read as it stands, then the words proposed to be stricken out, then those to be inserted, and finally the paragraph as it will stand if so amended shall be read.
9.120. Members to Speak Only from Seat; Demand for Roll Call - No member may rise to debate, make a motion or present a petition or paper unless in his or her regular place, and until such member has been recognized by the presiding officer. While a member is speaking, no other member shall create a disturbance in any manner. Once the result of a viva voce vote has been announced by the presiding officer, a roll call vote shall be ordered only upon the demand of at least two members.
9.130. Call for Absentees - When a roll call has been ordered, absentees shall not be called more than once, unless requested by at least five members.
9.140. Discontinuance of Roll Call - After two roll calls for absentees, a motion to discontinue the roll call shall be in order and may be adopted by a majority vote.
9.150. Ten Minute Rule - a. A member shall not speak more than once at a stated meeting on the same general question until every other member desiring to be heard upon the question has spoken. A member shall speak upon any matter for no more than ten (10) minutes at any time, except by permission of a majority of the members of the Council.
b. A member shall not speak on any matter at a stated meeting more than three (3) times, except by permission of a majority of the members of the Council.
9.160. Two Minute Rule - A member desiring to be excused from voting, or to explain a vote at a stated meeting may, when his or her name is called, make a statement for no more than two minutes, of the reasons for making such request, or for voting in such a manner, provided that if such member has engaged in debate under the ten (10) minute rule, he or she may not explain his or her vote.
9.170. Reconsideration of a Question - When a question has been decided, it shall be in order for any member of the Council who voted in the majority, to move for its reconsideration, and it shall be reconsidered upon majority vote of all members present and voting, except that no matter shall be reconsidered more than twice. No motion for the reconsideration of any vote shall be in order after the proposed local law, resolution, message, report, amendment or motion upon which the vote was taken shall have gone out of possession of the Council; and no motion for reconsideration shall be in order unless made on the same day on which the vote was taken, at the stated meeting next succeeding, or if the Mayor has disapproved a local law, within thirty days after the Clerk of the Council has presented the Mayor's written objections to the Council pursuant to subdivision b of section 37 of the Charter. When a proposed local law or resolution shall have been recalled from the Mayor by the Council, a motion for reconsideration may be made by any member who voted in the majority on the original question or the matter may be referred to committee by the Speaker.
9.180. Debate - The chairperson of the committee reporting, or his or her designee, shall have the option to open debate. Upon the announcement by the presiding officer that debate is closed, the Minority Leader, or his or her designee, may be the next to the last speaker and close debate for the minority party; the Speaker, or his or her designee, may close debate for the majority party, and shall be the last speaker on any issue.
9.190. Questions of Priority - All questions relating to the priority of business shall be decided without debate.
9.200. Personal Privilege - The right of a member to address the Council on a question of personal privilege shall be limited to cases in which the member's integrity, character or motives are assailed, questioned or impugned.
9.210. Discussion of General Orders - Any member, when recognized by the presiding officer, may speak on any matter on the general order calendar during the period of discussion of general orders. Such member, with the exception of the Minority Leader may speak for no more than a total of two (2) minutes unless permission to extend the time is granted by a majority of the members of the Council present. The Minority Leader shall have up to five (5) minutes to speak on any matter on the general order calendar.
9.220. General Discussion - Any member, when recognized by the presiding officer, may speak on any issue, including any matter being introduced, during the period of general discussion. Such member may enter written materials or prepared statements of no more than five (5) pages into the official record or may speak for no more than a total of two (2) minutes unless permission to extend the time is granted by a majority of the members of the Council present.
9.225. Discussion of resolutions - Any Member, when recognized by the Presiding Officer, may speak on any Resolution on the Resolution calendar during the period of discussion of Resolutions. Such Member may speak for no more than a total of one (1) minute unless permission to extend the time is granted by a majority of the members present.
9.230. Extension of Remarks into the Council Record - Members a stated meeting during the period of extension of remarks. At such meeting, copies of such materials or statements shall be provided by such member to all other members and to the presiding officer. Such materials and statements shall become part of the official record of the stated meeting without being read into the record. All such supplemental written materials and prepared statements shall be printed in the official record of the meeting under the caption “Extension of Remarks into the Council Record.”]
9.110. When Papers shall be Read - When the reading of a paper, other than a petition, is called for, and the same is objected to by any member, the question whether the paper shall be read shall be determined by a majority vote without debate.
9.120. Members to Speak Only from Seat - No member may rise to debate, make a motion, or present a petition or paper unless in his or her seat, and until such member has been recognized by the presiding officer or chair. While a member is speaking, no other member shall create a disturbance in any manner.
9,130. References to Personality and Personal Privilege - a. Remarks in debate shall be directed to the chair and confined to the question under debate.
b. Such remarks shall avoid references to personality. When remarks in debate include references to other members, such members shall be referred to by their titles or as the preceding speakers.
c. The right of a member to address the Council or any of its committees on a question of personal privilege shall be limited to cases in which the member's integrity, character or motives are assailed, questioned or impugned.
d. The chair may interrupt any member who violates this rule and reclaim any time remaining from such member.
9.140. Public Notice - a. For any meeting of the Council or any of its committees scheduled at least one week prior, public notice of the time and place of such meeting shall be posted at least 72 hours before such meeting. Such notice shall be given to the news media and shall be posted in a public place and on the Council’s website.
b. Public notice of the time and place of a meeting of the Council or of any of its committees scheduled less than one week prior shall be posted in a public location and on the Council’s website a reasonable time in advance. To the extent practicable, such notice shall also be be given to the news media.
9.150. Public Participation and Attendance - a. Every member of the public who addresses a committee of the Council shall limit their testimony to the subject matter of the hearing. No person who addresses a committee of the Council shall engage in any disorderly conduct that disrupts, disturbs, or otherwise impedes the orderly conduct of such meeting. Disorderly conduct for the purposes of this rule includes, but is not limited to, making personal, impertinent, unduly repetitive, slanderous, or profane remarks to such committee, any member of such committee, staff, or the public, or uttering loud, threatening, personal or abusive language.
b. No person in the audience at a meeting of the Council or any of its committees shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, whistling, applauding, stamping of feet or other acts that disturb, disrupt or otherwise impede the orderly conduct of any meeting.
c. Unless called to testify before a committee, all persons in the audience of a meeting of the Council or any of its committees shall remain sitting in the seats provided except when entering or leaving such meeting.
d. No member of the public shall display any signs, placards, banners or similar items during meetings of the Council or its committees.
e. The use of cameras or any video recording devices by members of the public seated at the witness table is prohibited.
f. Whenever any member of the public addresses a committee in manner that violates the rules of decorum, the chair of such committee may demand that such person comply immediately. If, after such demand, such person persists in violating the rules of decorum, the chair may order the sergeants-at-arms to remove such person from such meeting. The chair may order immediate removal of anyone engaged in an obscene performance or whose utterances are likely to incite imminent violence.
g. A member of the audience of any meeting of the Council or its committees who is violating the rules of decorum shall comply immediately when so ordered by the Presiding Officer, the chair, or the sergeant-at-arms. If such audience member does not comply immediately, the sergeant-at-arms has the authority to remove such audience member immediately.
h. Any person who has been ordered removed, or who has been removed by the sergeant-at-arms from a meeting of the Council or any of its committees pursuant to this rule shall be barred from attendance at and participation in all meetings of the Council for the remainder of the day. In addition such person may be charged with a violation of New York Penal Law Section 240.20 or any other applicable law. A person removed on the basis of disruptive or disorderly conduct may also be prohibited from appearing before the Council and its committees for up to 30 days. Any member of the public who physically assaults any other member of the public or any member of the Council or Council staff may also be prohibited from attending or testifying at meetings of the Council in person so long as there exist alternative means for members of the public to observe and provide testimony. The length of any such bar on participation in or attendance at meetings of the Council shall be based on the number and severity of prior incidents of disruptive conduct.
CHAPTER X - GENERAL RULES
10.00. [When Papers shall be Read - When the reading of a paper, other than a petition, is called for, and the same is objected to by any member, the question whether the paper shall be read shall be determined by a majority vote without debate.
10.10.] Automatic Removal from Consideration - When a Council Member, for any reason whatsoever, ceases to be a member of the Council, all pending proposed local laws and resolutions [individually] sponsored only by such member, [and] including all pending Mayor’s vetoes after the expiration of the legal time limit within which the Council must act, shall automatically be filed, marked off the calendar and removed from any consideration by the [committee] committees to which it had been referred. The Legislative Document Unit shall prepare a list of the [identifying] introduction [or]and resolution numbers for such automatic filing, which list shall appear in the minutes of the next Stated Meeting, or as soon as practicable, under the heading “Communications from City, county and borough offices.”
[10.20]10.10. Amendment or Suspension of Rules - When recommended by the Committee on Rules, Privileges and Elections, a Rule of the Council may be amended, suspended or rescinded or a new rule added by the majority vote of all the Council Members. However, any Council Member may move to suspend, amend or rescind any rule or to add a new rule, but such motion shall not be in order without the unanimous vote of the Council, unless written notice has been given to each member specifying the purpose of the proposed suspension, amendment, rescission or addition, at least one week in advance, in which case a majority vote shall prevail.
[10.25. Rule Advisory Opinions - Any member may request an advisory opinion from the counsel to the Committee on Rules, Privileges and Elections with respect to questions about any Council rule or rules, including any questions relating to compliance therewith.
10.30. Absence or Violation of Rules - In all cases of absence of members during the session of the Council, or of the violation of any of these rules, the members present may censure or suspend the offending member, in such manner or for such period as they deem just.]
[10.40]10.20. Video Coverage - The Council and its committees shall make their public meetings and hearings available for cablecasting and broadcasting, and by live and archived webcast where practicable.
[10.50]10.30. Application of “Robert's Rules of Order, Newly Revised” - The rules of parliamentary procedure contained in “Robert’s Rules of Order, Newly Revised” shall govern the Council in all cases to which they are applicable, and in which they are not inconsistent with the standing rules and orders of the Council.
[10.60. Nominations, Appointments, Designations, Recommendations: Meetings - Any committee which schedules a meeting for the purpose of considering the nomination, appointment, designation or recommendation of any individual pursuant to power vested in the Council shall, in its announcement of such meeting, invite the public to be heard with respect to the qualifications of any such individual.]
[10.70]10.40. Conflicts of Interest - All Council Members shall comply with the conflicts of interest provisions of Chapter 68 of the City Charter.
[10.80]10.50. Use of Council Electronic Mail Required - a. Use of personal email addresses for the conduct of Council business is prohibited. Council members and staff shall use the Council’s email systems for all email communications in the conduct of Council business and shall direct anyone communicating with them in their official capacities to send email correspondence to their Council email addresses. Such correspondence received at a non-Council email address shall be forwarded to the Council member or Council staff member’s Council email address upon receipt.
b. The Office of General Counsel is authorized to search any and all email accounts used by Council Members and Council staff to send or receive emails in their official capacities whenever necessary to conduct an investigation pursuant to these rules, to respond to a lawful subpoena or discovery request, or for any lawful purpose pursuant to federal, state, or local law.
10.60. Disorderly Behavior; Sanctions - a. Members of the Council shall not engage in disorderly behavior, which shall include but is not limited to: violation of these rules; willful violation or evasion of any provision of law relating to such Member’s discharge of his or her official duties; commission of fraud upon the City; conversion of public property to such Member’s own use; knowingly permitting or allowing by gross culpable conduct, any other person to convert public property; [or] violation of the Speaker’s policy or policies issued pursuant to these Council Rules or any other resolution of the Council, including policies against discrimination and harassment; and obstruction of an investigation by the Standards and Ethics Committee of the Council into any of the conduct described in this rule.
b. Upon a report by the Standards and Ethics Committee of the Council[,] finding that a Member has engaged in disorderly behavior as set forth in subdivision [(a)] a of this rule, the Council may impose one or more of the following sanctions:
1. Denial or limitation of any right, power, or privilege of the Member; including, but not limited to, the removal of such Member as chairperson of a committee or as a member of a committee;
2. Reprimand;
3. Censure;
4. Fine;
5. Expulsion from the Council; and
6. Any other sanction determined by the Council to be appropriate.
c. The Committee report shall contain a statement of the evidence supporting the Committee’s findings and a statement of the Committee’s reasons for the recommended sanction.
d. All sanctions shall be imposed by a two-thirds vote of all Council Members.
CHAPTER XI - RULES OF THE LAND USE COMMITTEE
11.00. Membership - The Land Use Committee shall include at least one Council [m]Member from each borough.
11.10. Subcommittees - a. Jurisdiction - The Land Use Committee shall have the following subcommittees: a subcommittee on Zoning and Franchises, a subcommittee on Landmarks, Public Sitings and Dispositions and such others as determined by the Speaker. The Speaker shall determine the jurisdiction of such subcommittees and shall promulgate a list, which the Speaker may amend from time to time, of those matters within the jurisdiction of each subcommittee.
b. Acting chairs - The chair of the committee or a subcommittee may appoint [a] any [member of the] Council Member to act as a temporary chair to conduct a meeting in the chair's absence.
c. Land Use Chair - The chair of the Land Use Committee shall be an ex-officio member of all the subcommittees.
d. Scheduling subcommittee meetings - The hearings and meetings of each subcommittee shall be held at the call of the chair of the subcommittee pursuant to the notice and other requirements of [s]Section 11.30 and other applicable provisions of law.
e. Subcommittees to observe statutory clocks - Each subcommittee shall consider and [take action] act on all matters referred to the subcommittee pursuant to a schedule that will enable both the Land Use Committee and the Council to act within any time limits [for Council action] prescribed by law.
f. Discharge from subcommittees - The chair of the Land Use Committee may call-up to the committee any matter referred to a subcommittee if a call-up is necessary to enable the committee and the Council to act on a matter within any time limit [for Council action] prescribed by law. The Chair of the Land Use Committee may close the record of the public hearing on any such matter[,] if the record has not already been closed by the subcommittee.
[11.20. Referrals to Land Use Committee]11.20. Referrals to Land Use Committee - a. Matters to be filed with the Speaker - All matters subject to review by the Council pursuant to chapters 8, 14, 56 and 74 of the City Charter, or other provisions of [s]State or [c]City law, shall be filed with the office of the Speaker. Upon filing, the Speaker shall refer each such matter to the subcommittee that has jurisdiction over the matter in accordance with the list provided for in [section]Rule 11.10(a). All such referrals shall be made in a timely manner in order to permit the Council to act within any time limits prescribed by law.
b. Matters subject to call-up - Matters subject to review by the Council pursuant to [s]Section 197-d(b)(3) of the City Charter, or [s]Section [20-225 or 20-226] 19-160.2 of the Administrative Code shall be subject to the provisions of subdivisions c and d of this [section]rule.
c. Call-up resolutions - A resolution providing for Council review of a matter pursuant to [s]Section 197-d(b)(3) of the City Charter or [s]Section [20-225 or 20-226] 19-160.2 of the Administrative Code shall be introduced directly to the Council, without referral to a committee or subcommittee[;], provided, [however,] that such resolution may be introduced only if the resolution is sponsored by (i) the Speaker; (ii) seven (7) Council Members; or (iii) by the chair of the Land Use Committee pursuant to subdivision d of this [section]rule. Such resolution shall not be subject to debate at a Council meeting. [Such] A resolution introduced pursuant to [s]Section 197-d(b)(3) of the Charter may be introduced from the date the [c]City [p]Planning [c]Commission [or the department of consumer affairs] votes to approve or approve with modifications a matter subject to the provisions of [this] such section, to a date twenty (20) days following the filing of such matter with the Council. A resolution introduced pursuant to Section 19-160.2 of the Administrative Code shall be introduced pursuant to the schedule provided therein. [Such resolution shall not be subject to debate at a Council meeting. For the purposes of this subdivision, an affected Council district is a district that contains real property that is the subject of the matter to be reviewed.] Upon adoption by the Council of a resolution introduced pursuant to this subdivision, the matter that is the subject of the resolution shall be considered by the Land Use Committee and its subcommittees.
d. Chair call ups of related matters - If a single project or development involves more than one matter filed with the Council at approximately the same time pursuant to [s]Section 197-d(a) of the City Charter and at least one but not all of such related matters are subject to Council review pursuant to [s]Sections 197-d(b)(1) or (2), the chair of the Land Use Committee shall introduce directly to the Council, without referral to committee, a resolution providing for Council review pursuant to [s]Section 197-d(b)(3) of all such related matters that are not subject to Council review pursuant to [s]Sections 197-d(b)(1) or (2). The chair shall introduce [all] such [resolutions promptly upon] resolution on or after the date the City Planning Commission votes to approve or approve with modifications matters subject to the provisions of this section, but no later than twenty (20) days following the filing of such matters with the Council. For purposes of this subdivision, two or more matters shall be deemed to be filed “at approximately the same time” if they are filed with the Council prior to the date on which the Council votes, pursuant to [s]Section 197-d(c), on the first of the matters filed. A matter that is the subject of a resolution introduced pursuant to this [section]rule shall be referred to the Land Use Committee and its subcommittees together with all related matters as a single package of related matters.
e. Council overrides of mayoral disapprovals and objections - A resolution to override a filing by the Mayor pursuant to [s]Sections 197-d(f) or 197-d(g) of the City Charter may be introduced by any Council Member at a Council meeting within ten (10) days of such filing and shall not be referred to the Land Use Committee or its subcommittees.
11.30. Calendar and Public Notice - a. [Calendar distribution -] The chairs of the Land Use Committee and the subcommittees shall cause to be prepared a regular calendar of the meetings of the Land Use Committee and each of its subcommittees. The calendar shall be posted on the Council’s website, electronically delivered to each Council Member, borough president and community board, and made available to the public free of charge at City Hall. Each calendar shall indicate the meetings of the committee and the subcommittees at which each matter is scheduled for public hearing or consideration. The failure to include a matter in the calendar shall not bar the committee and its subcommittees from holding a public hearing on or voting with respect to the matter, provided the other notice requirements of these rules and applicable law have been satisfied.
b. Additional meetings - The chair of the Land Use Committee may call meetings of the Land Use Committee in addition to those meetings on the calendar, and the chair of a subcommittee may call meetings of the subcommittee in addition to those meetings on the calendar, pursuant to the notice and other requirements of this [section]rule and the other applicable provisions of these rules.
c. Public notice - The time and place of each Land Use Committee and subcommittee meeting shall be posted on the Council’s website. In addition, public notice of all public hearings of [the Council,] the Land Use Committee and its subcommittees [required pursuant to section 197-d of the City Charter] shall be published in the City Record [not less than five days prior to such hearing] whenever required by law. The public notice requirements of this subdivision are in addition to any other public notice requirements of these rules and applicable law.
11.40. Public Hearings - a. [Subject matter - ]Each subcommittee shall hold on behalf of the Council all public hearings required by law with respect to matters referred to the subcommittee pursuant to [r]Rule 11.20. The Land Use Committee shall hold on behalf of the Council all public hearings required by law with respect to matters referred to the committee, which have not been the subject of a subcommittee hearing. If a number of matters relating to a single project or development are filed at the same time pursuant to [s]Section 197-d of the City Charter and such matters fall within the jurisdiction of more than one subcommittee, there shall be a single hearing on such related matters. The Speaker shall determine whether the public hearing on such related matters shall be held by the Land Use Committee or by a subcommittee.
b. Appearances - Each person who submits an appearance form at a public hearing on an item referred to the Land Use Committee or its subcommittees pursuant to Rule 11.20 shall be given the opportunity to speak. The Council Member presiding at a public hearing of the Land Use Committee or a subcommittee may establish a time limit for all members of the public speaking at such hearing.
c. Record - The Land Use Committee and its subcommittees shall make available to all Council Members the record of all public hearings of the committee and its subcommittees with respect to matters referred to the committee pursuant to [section]Rule 11.20. [The record of a public hearing of the committee or its subcommittees shall consist of a list of the names and affiliations of the speakers at the hearing, each speaker's indication (on a form provided for that purpose) of support or opposition to the matter under consideration, any written statements offered by speakers, any other documents introduced on the record at the hearing, and any transcripts of the hearing. As far in advance as is practicable of consideration by the full Council of any such matter, copies of the items in the record and of materials filed with the Council pursuant to chapters 8, 14, 56 and 74 of the City Charter, or other applicable law, shall be made available to Council Members on an ongoing basis. All such materials and any related subcommittee and committee reports shall be made available to the public for inspection by appointment.]
11.50. Voting - a. [Majority of all members required - ]All Land Use Committee and subcommittee determinations shall be on the affirmative roll call vote of not less than a majority of all the members of the committee or subcommittee excluding ex-officio members. The chair of the Land Use Committee may vote on matters before a subcommittee only if the chair's vote is required to break a tie. A quorum being present, a majority of those present at a meeting shall be sufficient to decide a motion, including all appeals from rulings of the chair or other points of order or procedure.
b. Closing hearings - Neither the Land Use Committee nor its subcommittees shall vote on a matter until the record of any public hearing required by law on such matter has been closed by the committee or subcommittee.
11.60. Discharge of Committee - a. Notwithstanding anything to the contrary in these rules, the Council shall not act upon a matter referred to the Land Use Committee or its subcommittees pursuant to [section]Rule 11.20 until the committee has reported thereon, except as provided in this [section]rule. Any matter referred to the Land Use Committee or its subcommittees for which, by law, there is a time limit for action by the Council, shall be deemed to be discharged from further consideration by the committee and its subcommittees at the last [stated meeting] Stated Meeting of the Council preceding the expiration of such time limit.
b. Withdrawal - A matter filed with the Council shall be deemed withdrawn if the applicant files or causes the filing of a written statement that the application is withdrawn with the chair of the subcommittee or committee to which the matter was referred, the staff of the Land Use Committee, the Speaker of the Council, or the Council Member representing the affected district. Such statement may be submitted by e-mail. Upon the filing of such a statement, the application in question shall be void, the committee and its subcommittees shall be discharged from further consideration of the matter, and no further processing of such application shall be undertaken by the Council. The Council may vote to file a matter discharged pursuant to this subdivision at any subsequent [stated meeting] Stated Meeting.
c. Record closed upon discharge - Upon discharge of a matter from the Land Use Committee pursuant to this [section]rule, the record of the public hearing on such matter shall be deemed closed if the record has not been closed by the committee.
11.70. Action by Resolution [Action] - The Council shall act by resolution with respect to all matters subject to review by the Council, pursuant to chapters 8, 14, 56 and 74 of the City Charter or otherwise subject to the review of the Land Use Committee pursuant to Rule 11.20.
11.80. Time Provisions - If the time period for Council action set forth in any applicable provision of law ends on a Saturday, Sunday or public holiday, the expiration date shall be extended until the next business day in accordance with the provisions of Section 20 of the New York State General Construction Law.
11.90. Conflicts with Rules of the Council - In the event of a conflict between the Rules of the Land Use Committee in this chapter XI and the other chapters of these rules, chapter XI shall govern with respect to the Land Use Committee and its subcommittees.
JHC
9/17/2025