CITY OF WORCESTER
Rules and Legislative Affairs Committee Meeting
Wednesday, July 28, 2010
Esther Howland (South) Chamber
Convened: 6:06 P.M.
Adjourned: 7:20 P.M.
Joseph C. O'Brien
Clerk of the City Council
David J. Rushford
|Chairperson Konstantina B Lukes |
|Councilor William J Eddy |
|Councilor Michael J Germain |
City Hall - 455 Main Street Worcester, Massachusetts
|Present Were:||Chairperson Councilor Konstantina B Lukes |
Councilor William J Eddy
|Also:||City Solicitor David Moore|
City Clerk David J. Rushford, clerk
Communication of the City Manager
Transmitting Informational Communication Relative to the Changes in the Open Meeting Law (Ethics Reform Law Chapter 28 of the Acts of 2009).
# 10.20A CM July 20, 2010
Approved as amended
Ordered that the Rules of the City Council of the City of Worcester be and are hereby amended effective as of the meeting of September 7, 2010 as follows:
1. Rule 1 of the City Council is hereby amended by inserting the following as the third and fourth sentences thereof:
The City Council by a two-thirds vote may allow any member who is not able to be present in the meeting location due to a temporary physical disability to participate electronically from a remote location; provided:
a) that such participation has been authorized by the attorney general either by regulation or letter ruling,
b) such participation is conducted in accordance with the terms of the attorney general's authorization or any regulations adopted by the attorney general;
c) that the absent members and all persons present at the meeting location are clearly audible to each other;
d) that a quorum of the City Council, including the chair, are present at the meeting location; and
e) that the meeting is chaired by a member of the council who is present at the meeting location.
Members participating under this rule shall be recorded as present by the city clerk, may vote and shall not be deemed absent for the purposes of section 23D of chapter 39.
2. Rule 4 is hereby amended by inserting the following as the first and second sentences thereof:
All votes taken at an open session shall be by voice vote or roll call vote. All votes requiring a two-thirds or greater majority shall be taken by a call of the roll. No votes shall be taken by secret ballot. All votes taken at an executive session shall be recorded by roll call and entered into the minutes of the executive session.
3. Rule 28 of the City Council is hereby amended by deleting the current text in its entirety and inserting in lieu thereof the following:
The Mayor, or if the Mayor is unable to serve, the Vice Chair of the City Council, or any five (5) members thereof, may call a special meeting by causing written notices stating the time and purpose of holding such meetings and signed by the person or persons calling the same, to be delivered in hand to each member of the City Council, or left at his or her usual dwelling place, within twenty-four (24) hours of the posting of such meeting. All special meetings of the city council, except emergency meetings, shall be posted in accordance with the requirements of the Open Meeting Law, G.L. c. 30A §§ 17-25 (see Rule 32).
4. Rule 29 of the City Council is hereby amended by deleting the reference to “(G.L. c.39, s. 23B)” and inserting in lieu thereof a reference to “(G.L. c. 30A § 20(b)).”
5. Rule 30 of the City Council is hereby repealed.
6. Rule 32 of the City Council is hereby amended by deleting the current text in its entirety and inserting in lieu thereof the following:
All meetings of the city council and every committee thereof, except emergency meetings, shall be posted publicly by the city clerk not less than 48 hours before the start of the meeting excluding Saturdays, Sundays and holidays in accordance with the requirements of the Open Meeting Law, G.L. c. 30A §§ 18-25. The city clerk shall comply with all requirements of the attorney general, whether issued by regulation, advisory or otherwise, including the filing with the attorney general of written notice of the city's Open Meeting Law notice posting method. The city clerk shall provide written notification of any changes in the city's Open Meeting Law notice posting method, together with any filings made with the attorney general, to the city council, city manager, school committee and Library Board of Trustees.
7. A new rule, Rule 37A, is hereby inserted after Rule 37, as follows:
The city clerk shall create and maintain accurate minutes of all meetings of the City Council and all of its committees, including executive sessions, setting forth the date, time and place, the members present or absent and a summary of the discussions on each subject. The minutes shall include all documents and other exhibits, such as photographs, recordings or maps, used by the City Council or any committee thereof at any open session or executive session.
8. Rule 38 is hereby repealed and replaced, as follows:
The minutes of any open session, whether approved or in draft form, shall be made available upon request by any person within ten (10) days of the meeting to the extent required by subsection 22(e) of the Open Meeting Law, G.L. c. 30A §§ 18-25.
The minutes of any executive session, the notes, recordings or other materials used in the preparation of such minutes and all documents and exhibits used at the session, shall be withheld from public disclosure to the extent provided by subsection 22(f) of the Open Meeting Law, G.L. c. 30A §§ 18-25.
The Mayor shall, at reasonable intervals or as otherwise required by subsection 22(g)(2) of the Open Meeting Law, G.L. c. 30A §§ 18-25, review any previously unreleased minutes of all executive sessions and determine whether continued non-disclosure under the Open Meeting Law is warranted. In conducting this review the Mayor may seek the advice and assistance of the city clerk, city manager or city solicitor. The Mayor shall file a report containing such determinations at the next regular meeting of the City Council.
9. Rule 39 is hereby amended by inserting two new agenda categories; one, “Approval of the Minutes” after the existing agenda category “Roll Call” and, two, “New Business Under Suspension”
10. Rule 45 is hereby deleted and replaced by the following:
The city council may, by a two-thirds vote, go into the “New Business Under Suspension” portion of its agenda to consider items not on the posted calendar and the City Council may, with a two-thirds vote, at any time during any meeting accept supplemental communications of the city manager; provided, however, that the intention of taking up such items is to enable the introduction of routine communications and petitions for referral to council committees, the city manager, the planning board, or other public agencies and for immediate and final action only on those items for which time is of the essence.