Know the rules…

Listening to the radio (WCCM) recently.
A sitting Councilor, who is running for re-election, was asked about a Committee that she claims to be the Chair of.

I have asked for proof that the Committee was formed. Curtly, was told to speak with the Solicitor.

I have searched for proof. None found.

The Councilor has signed for a copy of the following METHUEN CITY COUNCIL RULES AND PROCEDURES twice before. Should I assume that she has read them?

Let’s look at how a committee is formed by the Rules..

METHUEN CITY COUNCIL RULES AND PROCEDURES Amended February 2008

RULE VIII – COMMITTEES

a) For most purposes, the Council shall meet as a committee of the whole, but when necessary, an ad hoc committee shall be appointed and announced by the Chairman unless otherwise provided for, or especially directed by the majority of the City Council.
All appointments by the Chairman shall be ratified by the majority of the City Council.

b) No committee shall meet during any meeting of the City Council.

c) When a committee is appointed by the Chair, the first person named shall call the committee to order and then the committee members shall elect a Chairman.

d) All committees of the City Council shall consist of an odd number of three or more unless a different number shall be specifically ordered by the Council and no report shall be received from any committee unless agreed to in committee actually assembled, and all reports shall be in writing. Minority reports of committees presented in writing are to be accepted by this Council and the majority report shall be presented first. (Majority report to be read first; then the minority report will be read and action will be taken on the minority report before action on the majority report).

e) Items which have been referred to any committee of the City Council must be reported back to the City Council by that committee at least every month from the date of referral pending a final committee recommendation.

f) No sub-committee shall take any action on any business referred to that committee by the full City Council unless the committee has referred to it a motion or order to do so from the full City Council.

Take a closer look at the highlighted portions of section a.).
when necessary,
This seems straightforward. The mentioned committee will not be a standing committee. It will be constituted as needed.
an ad hoc committee shall be appointed and announced by the Chairman
This states that an ad hoc committee MUST be announced by the Chairman.
He must make a statement at a properly assembled meeting. The minutes of that meeting are public record, so anyone should be able to review these minutes and find when an Ad Hoc Committee was formed.
unless otherwise provided for,
Otherwise provided would be, if there is an Ordinance or Resolution or Order to create said committee. This would require a vote of the City Council which would be in the public record.
or especially directed by the majority of the City Council.
Again, a majority of Council can only meet at a duly authorized meeting. Such a meeting will have minutes.
All appointments by the Chairman shall be ratified by the majority of the City Council.
This states that all appointments to an ad hoc committee will be approved by a VOTE of the members.

I have searched the minutes of the City Council back before the Councilor in question was elected.
NO SUCH COMITTEE HAS BEEN CREATED which follows the rules above.

Thus the Councilor is making the whole thing up or should provide proof of appointment.

See my post on FOI to follow up on this process.

admin posted at 2011-7-2 Category: City Council, Uncategorized

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