HomeMy WebLinkAboutTOI TB Protocol & Procedures Manual 2026
TOWN OF ITHACA
BOARD PROTOCOL AND
PROCEDURES MANUAL
Adopted: March 13, 2006
Resolution 2006-072
Revised: 1/12/2009, 2/8/2010, 11/19/2012, 3/13/2013, 1/11/2016, 1/24/2022, 1/9/2023, 1/12/2026
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TABLE OF CONTENTS
OATH OF OFFICE ..................................................................................................................................................... 4
FOREWORD ...................................................................................................................................................... 5
CHAPTER 1. INTRODUCTION AND OVERVIEW .................................................................................... 6
1.01 PURPOSE OF BOARD PROTOCOL AND PROCEDURES MANUAL ...................................................... 6
1.02 OVERVIEW OF TOWN OF ITHACA GOVERNMENT ........................................................................... 6
1.03 OVERVIEW OF BASIC TOWN DOCUMENTS ...................................................................................... 6
1.04 ORIENTATION OF NEW BOARD MEMBERS ...................................................................................... 9
CHAPTER 2. TOWN BOARD: GENERAL POWERS AND RESPONSIBILITIES.. ............................. 10
2.01 TOWN BOARD GENERALLY ............................................................................................................ 10
2.02 ROLE OF TOWN BOARD MEMBERS ................................................................................................ 10
2.03 ROLE OF TOWN SUPERVISOR ......................................................................................................... 11
2.04 ABSENCE OF TOWN SUPERVISOR AND BOARD MEMBERS ........................................................... 12
2.05 APPOINTMENT OF TOWN OFFICIALS ............................................................................................. 12
2.06 APPOINTMENT OF DEPARTMENT HEADS AND STAFF ................................................................... 12
2.07 APPOINTMENT OF BOARDS AND COMMITTEES ............................................................................. 13
2.08 INCOMPATIBILITY OF OFFICES ...................................................................................................... 18
2.09 FILLING ELECTED VACANCIES ...................................................................................................... 18
CHAPTER 3. INTERACTION WITH TOWN STAFF/OFFICIALS .......................................................... 19
3.01 ADMINISTRATION OF THE TOWN ................................................................................................... 19
3.02 TOWN BOARD RELATIONSHIP TO ADMINISTRATION ................................................................... 19
3.03 TOWN BOARD/TOWN SUPERVISOR RELATIONSHIP...................................................................... 19
3.04 TOWN BOARD/TOWN STAFF RELATIONSHIP ................................................................................ 20
3.05 TOWN BOARD/ APPOINTED BOARD RELATIONSHIP ..................................................................... 20
3.06 TOWN BOARD/ ATTORNEY RELATIONSHIP ................................................................................... 20
3.07 INFORMATION FLOW ...................................................................................................................... 21
3.08 STAFF RELATIONSHIP TO BOARDS, TOWN BOARD COMMITTEES, AND CITIZEN COMMITTEES21
3.09 RESTRICTIONS ON POLITICAL INVOLVEMENT BY STAFF ............................................................ 22
CHAPTER 4. TOWN BOARD MEETINGS .................................................................................................. 23
4.01 MEETING SCHEDULE ...................................................................................................................... 23
4.02 ORGANIZATIONAL MEETING .......................................................................................................... 23
4.03 SPECIAL MEETINGS ........................................................................................................................ 25
4.04 PUBLIC NOTICE OF MEETINGS AND HEARINGS .............................................................................. 25
4.05 SITE VISITS ...................................................................................................................................... 25
4.06 POLITICAL CAUCUSES .................................................................................................................... 25
4.07 DUTIES OF TOWN CLERK ................................................................................................................ 25
4.08 RECORDING OF MEETINGS AND RETENTION OF INFORMATION ................................................. 26
4.09 DEVELOPMENT OF AGENDA ........................................................................................................... 26
4.10 ORDER OF BUSINESS ........................................................................................................................ 29
4.11 GENERAL PROCEDURES .................................................................................................................. 30
4.12 OPEN MEETINGS LAW ..................................................................................................................... 30
4.13 EMERGENCY EVACUATION PLAN .................................................................................................. 30
CHAPTER 5. RULES OF ORDER ................................................................................................................. 31
5.01 MEETING DECORUM AND ORDER ................................................................................................. 31
5.02 ADHERENCE TO RULES OF ORDER ................................................................................................ 33
5.03 QUESTIONS REGARDING RULE OF ORDER .................................................................................... 35
5.04 BASIC STEP TO CONDUCTING BUSINESS -ORDER OF DISCUSSION................................................. 35
5.05 VOTING PROCEDURES ..................................................................................................................... 34
5.06 TYPES OF AGENDA ITEMS ............................................................................................................... 34
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5.07 OBTAING THE FLOOR ...................................................................................................................... 34
5.08 QUESTIONS TO AND COMMENTS FROM STAFF .............................................................................. 34
5.09 POSTPONEMENT OF BUSINESS ........................................................................................................ 34
5.10 TABLING A MOTION ........................................................................................................................ 34
5.11 OTHER PROTOCOL .......................................................................................................................... 34
CHAPTER 6. BOARD CORRESPONDENCES ............................................................................................ 36
6.01 GENERAL GUIDELINES .................................................................................................................... 36
6.02 CORRESPONDENCE TO AND FROM BOARD MEMBERS .................................................................. 36
6.03 CORRESPONDENCE RECEIVED BY THE TOWN CLERK ................................................................... 36
6.04 FREEDOM OF INFORMATION LAW ................................................................................................. 36
CHAPTER 7. CONFLICTS OF INTEREST - CODE OF ETHICS, LIABILITY OF ELECTED
OFFICIALS, WORKPLACE EXPECTATIONS ................................................................................................... 38
7.01 CONFLICTS OF INTEREST - ETHICAL CONSIDERATIONS .............................................................. 38
7.02 ETHICS DISCLOSURE STATEMENTS ............................................................................................... 38
7.03 LIABILITY ........................................................................................................................................ 38
7.04 WORKPLACE EXPECTATIONS FOR OFFICIALS .............................................................................. 38
CHAPTER 8. BOARD COMPENSATION, BENEFITS AND SUPPORT ............................................... 40
8.01 BOARD COMPENSATION ................................................................................................................. 40
8.02 HEALTH AND DENTAL INSURANCE ................................................................................................ 40
8.03 BOARD EXPENSES ........................................................................................................................... 40
8.04 OFFICE EQUIPMENT ........................................................................................................................ 40
8.05 MAIL AND DELIVERIES ................................................................................................................... 41
8.06 MEETING ROOMS ............................................................................................................................ 41
8.07 PARKING AT TOWN HALL .............................................................................................................. 41
CHAPTER 9. ADDITIONAL TRAINING AND RESOURCE MATERIALS ........................................... 42
9.01 THE ASSOCIATION OF TOWNS OF THE STATE OF NEW YORK ..................................................... 42
9.02 NEW YORK STATE OFFICE OF THE COMPTROLLER ..................................................................... 42
9.03 NEW YORK STATE TOWN CLERKS ASSOCIATION ........................................................................ 42
9.04 NEW YORK STATE DEPARTMENT OF STATE – DIVISION OF LOCAL GOVERNMENT .................. 42
9.05 NEW YORK STATE DEPARTMENT OF STATE - COMMITTEE ON OPEN GOVERNMENT ............... 42
9.06 NEW YORK STATE UNIFIED COURT SYSTEM .............................................................................. 43
9.07 NEW YORK STATE PLANNING FEDERATION ................................................................................. 43
9.08 CORNELL LOCAL ROADS PROGRAM ............................................................................................. 43
9.09 OTHER REFERENCE MATERIALS ON FILE .................................................................................... 43
APPENDIX .................................................................................................................................................... 44
TOWN BUDGET CALENDAR APPENDIX # 1 .......................................................... 45
TOWN CLERK APPENDIX #2 47
TOWN HIGHWAY SUPERINTENDENT / DIRECTOR OF PUBLIC WORKS APPENDIX # 3 ................. 48
RULES OF CONDUCT APPENDIX # 4 ............................................................... 50
RULES OF ORDER AT A GLANCE APPENDIX # 5 ........................................................... 52
BOARDS/COMMITTEES APPENDIX # 6 ............................................................ 53
CHAPTER 32, ETHICS, CODE OF APPENDIX # 7 ............................................................ 54
GLOSSARY OF TERMS.......................................................................................................................................... 59
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TOWN OF ITHACA
OATH OF OFFICE
STATE OF NEW YORK )
) ss
COUNTY OF TOMPKINS )
I do solemnly swear (or affirm) that I will support the constitution of
the United States, and the constitution of the State of New York, and
that I will faithfully discharge the duties of the office of Town Board
Member of the Town of Ithaca, according to the best of my ability.
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Foreword
This protocol and procedures manual imparts useful information on common issues
related to local government and the role of members of the Town of Ithaca Town Board, Planning
Board or Zoning Board of Appeals.
The protocols included in this reference document have been formally adopted by the
Town Board, on March 13, 2006.
As stated in Section 4.10.F, this manual will be reviewed as needed, or at least every two
years following the biannual elections by the Town Board.
Revisions adopted by the Board will be incorporated into the Manual by the Human
Resources Manager.
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Chapter 1. Introduction and Overview
1.01 Introduction to the Board Protocol and Procedures Manual
The Town of Ithaca has prepared this manual to assist the Town Board and Town Officials
by documenting accepted practices and clarifying expectations. Protocols and procedures are
established to clearly articulate the expectations and practices to guide town officials and staff in
their actions. The administration of Town affairs is greatly enhanced by the agreement of the
Board, town officials and staff to be bound by these practices
1.02 Overview of Town of Ithaca Government
The Town of Ithaca is a town of the first class, town with a population of ten thousand or
more, which allows the Town to have seven (7) Town Board Members, one of which is the Town
Supervisor. The Town also has a town clerk, two (2) town justices, a town superintendent of
highways, a receiver of taxes and other such employees as deemed necessary.
As described in the N.Y.S Town Law certain responsibilities are vested in these positions.
The town supervisor, town board members, and town justices are elected officials. The Town
Clerk, and Town Superintendent of Highways (aka Director of Public Works) are appointed
positions, even though they typically are elected positions. The Receiver of Taxes, Town Engineer
and all other positions in the Town are appointed.
The Town Board’s role is that of the Town's executive, administrative and legislative
policy-making body that determines not only the local laws and ordinances that impact community
life. In the Town of Ithaca, the Town Board delegated some powers and duties of administration
and supervision of day-to-day activities to the Town Supervisor.
The Planning Board and Zoning Board of Appeals are independent boards responsible for
review and determinations on certain planning and building projects in the Town.
The Planning Boards is comprised of eight (8) members; seven (7) regular who are
appointed by the Town Board to serve a seven (7) year term and one alternate who is appointed to
serve for a one year term. The Planning Board is authorized to review and consider subdivisions,
site plans, special permits and provide recommendations to other boards where appropriate as
detailed in the Town Code and NYS law.
The Zoning Board of Appeals (ZBA) is comprised of seven (7) members; five (5) regular,
who are appointed by the Town Board to serve a five (5) year term and two (2) alternates who are
appointed to serve for a one year term. The ZBA is a quasi-judicial body that is authorized by
Town Code and NYS laws to issue interpretations of the Town Code’s Zoning chapters, and to
grant or deny land use permits and area variances in accordance with criteria established in NYS
law and the Town Code.
1.03 Overview of Basic Town Documents
This manual provides a summary of important aspects of Town activities and the roles of
the people involved. However, it cannot incorporate all material and information necessary for
undertaking the business of the Town. Many other laws, plans, and documents exist which bind
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the Town to certain courses of action and practices. The following is a summary of some of the
most notable documents that guide Town Board, Town Officials, and staff’s actions.
A. Code of the Town of Ithaca
The Code of the Town of Ithaca contains all the current local laws and ordinances. A link
to the digital Code is available on the Town’s website.
B. Personnel Manual
The Personnel Manual is compiled to inform officials and employees of the policies and
procedures of the Town of Ithaca (Town), Southern Cayuga Lake Intermunicipal Water
Commission (Commission) and Greater Tompkins County Municipal Health Insurance
Consortium (Consortium). Policies and procedures involving the employees are reviewed by the
Employee Relations Committee, recommended by the Personnel & Organization Committees, and
adopted by the Town Board, Commission and Consortium as needed.
Members of the Town Board, boards, committees, Town officials and employees,
consultants, and professional service providers are expected to: maintain the utmost standards of
personal integrity, truthfulness, honesty, fairness, and civility in carrying out their public duties;
avoid any improprieties in the role as public servants and never use the Town position or powers
for improper personal gain.
Southern Cayuga Lake Intermunicipal Water Commission (aka Bolton Point Water System)
The Commission is the executive body created by an Agreement of Municipal
Cooperation, (AMC) between the Towns of Dryden, Ithaca, and Lansing and the Villages of
Cayuga Heights and Lansing which is authorized in accordance with Article 5-G of the General
Municipal Law of the State of New York and Title 1-A of the Local Finance Law. The
Commission, among other duties, manages, serves, and operates Bolton Point Water System for
the provisions of the water supply and transmission for the municipal members. The Commission
is composed of ten Commissioners. Each municipality delegates two representatives, with at least
one being an elected official. Each municipality has an equal non-weighted vote.
The Commission has designated the Town of Ithaca as its “Employer of Record” to provide
specific personnel related services and payroll. Commission employees are subject to the wage
structure, benefits, and employee policies of the Commission regardless of the wage structure,
benefits, and employee policies of the employer of record. For economy of scale, the Commission
also participates with the Town of Ithaca in various group health, life, workers’ compensation and
disability policies for its employees. Ithaca Town Supervisor also serves as the Treasurer. the
Ithaca Town Board is responsible for ratifying Commission decisions regarding personnel, bonds,
and the budget.
Greater Tompkins County Municipal Health Insurance Consortium (Consortium)
The Consortium is a municipal shared service created in Tompkins County in 2011 and now
available to municipalities within the geographical boundaries of the Counties of Broome, Cayuga,
Chenango, Chemung, Cortland, Livingston, Madison, Monroe, Onondaga, Ontario, Oswego,
Tioga, Schuyler, Seneca, Steuben, Tompkins, Wayne, and Yates. The Consortium provides high-
quality trustworthy, responsive service for our subscribers, at competitive premiums. In 2019 the
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Consortium voted to hire employees and contracted with the Town of Ithaca to serve as the
“Employer of Record.” Consortium employees are subject to the wage structure, benefits, and
employee policies of the Consortium regardless of the wage structure, benefits, and employee
policies of the employer of record. For economy of scale, the Consortium also participates with
the Town of Ithaca in various group health, life, workers’ compensation and disability commercial
policies covering its’ employees. Because of this many of the Consortium employee benefits
match those of the Town of Ithaca.
C. Annual Budget
The annual budget is the financial plan for accomplishing the goals of the Town and
ensuring continuity of services. The Budget sets forth the proposed appropriations necessary to
carry out activities for a year and the proposed means of financing them. By adopting the budget,
the Town Board makes policy decisions, sets priorities, allocates resources, and provides the
framework for government operations for the year. The timetable for presentation and adoption of
a town budget is mandated by State Law. See Appendix #1 for Budget Calendar. The current
budget is available on the Town website.
D. Annual Financial Report
Pursuant to Article 3 of the General Municipal Law, every local government must file an
Annual Financial Report [AFR] with the State Comptroller afterthe close of their fiscal year. The
AFR includes a balance sheet for all operating funds, the results of operations as reflected in
income and expense statements, an analysis of the uses of Town funds, and related footnotes.
E. Comprehensive Plan
A comprehensive plan is a long-range, general plan that is a statement of policy and a
guide to physical development. The comprehensive plan is intended to serve as a guide for
achieving the goals and objectives of the Town of Ithaca, which can be implemented through
policies, projects, and programs. . By providing a window onto the Town’s vision of the future,
the Plan guides the various decisions of officials, staff, and boards, as well as private decision
makers. The plan addresses the Town’s long-range planning needs relative to land use, open
space, transportation, economic development, and other planning elements. The Town’s
comprehensive plan was adopted by the Town Board in 2014.
F. Five-year Capital Improvement Program
The Five-year Capital Improvement Program (CIP) serves as a guide for determining
priorities, planning, financing, and constructing capital projects which add to, support, or improve
the physical infrastructure, capital assets, or productive capacity of town services. It is intended to
implement policies of the Town Board that have been stated in documents such as the
Comprehensive Plan; Park, Recreation and Open Space Plan; and Transportation Plan. Capital
projects cover a range of physical improvements in areas such as sewer, water, parks, trails,
highways, transportation, storm water management, and facilities. The CIP is reviewed and
developed by the Public Works Committee and the Budget Committee before going to the Town
Board for review and approval. The CIP is incorporated into the annual Town Budget.
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G. Emergency Preparedness Plan and Public Employer Health Emergency Plan
The Town maintains an emergency preparedness plan that outlines actions to be taken
during times of extreme emergency. The Town Supervisor has the authority to declare the
emergency. The Highway Superintendent directs all disaster response activities. The Town Board
may be called upon during an emergency to establish policies related to a specific incident. The
Public Works Facility is the designated emergency response facility.
The Public Employer Health Emergency Plan has been developed in accordance with the
amended New York State Labor Law section 27-c and New York State Education Law paragraphs
k and l of subdivision 2 of section 2801-a (as amended by section 1 of part B of chapter 56 of the
laws of 2016), as applicable. These laws were amended by the passing of legislation
S8617B/A10832 signed by the Governor of New York State on September 7, 2020, requires public
employers to adopt a plan for operations in the event of a declared public health emergency
involving a communicable disease. The plan includes the identification of essential positions,
facilitation of remote work for non-essential positions, provision of personal protective equipment,
and protocols for supporting contact tracing.
1.04 Orientation of New Board Members
It is important for the members of the Town Board to gain an understanding of the full
range of services and programs provided by the Town. As new members join the Town Board,
they will be provided an orientation program that provides an opportunity for members to tour
municipal facilities and meet with key staff. Another opportunity for new members is the
Association of Towns-sponsored newly elected official’s orientation. The Town’s management
staff are available to assist with any questions or providing more information on a broad range of
topics.
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Chapter 2. Town Board: General Powers and Responsibilities
2.01 Town Board Generally
The Town Board acts as the policy making, executive, administrative and legislative body
of the Town. The Town Board’s power and duties are set forth in the New York State Constitution
and State law.
The Town Board is comprised of seven (7) elected board members, one of whom also
serves as the Town Supervisor. All Town Board members are equal when establishing policies,
voting, and in other areas involving significant decisions. Policies and legislation are adopted by a
majority vote of the entire Town Board. While individual Board members may disagree with a
decision of the majority, a decision of the majority binds the full Board to a course of action. The
Town Supervisor has some additional responsibilities as described below.
Board Members are expected to prepare themselves for Board or committee meetings.
This preparation includes reviewing the packet of material provided in advance to ask informed
questions and give informed comments. These materials may include such items as: agendas, staff
memos, draft resolutions, and reports.
2.02 Role of Town Board Members
The Town Board, as a group, is the executive head of the Town working collectively
establishing policy, adopting an annual budget, and providing vision and goals to the Town
officials and staff. The following outline is a brief description of the various duties of the Town
Board Members. The description is not intended to be comprehensive, but rather it is an effort to
summarize the primary responsibilities of a Town Board.
A. Summary of Board Duties and Responsibilities as Provided in, but not limited to, the New
York State Town Law, Article 4, § 64.
1. Meetings
a. Attend Monthly and Special Town Board meetings
b. Attend Committee meetings as assigned
2. Establish Policy
a. Adopt goals and objectives
b. Establish priorities for public services
c. Approve/amend the operating and capital budgets
d. Approve contracts as set forth in the Procurement Policy and NYS Law
e. Adopt resolutions
f. Designate Town Depositories
g. Designate Official Newspaper
h. Establish Petty Cash Fund
i. Acquisition and conveyance or sale of real property
j. Management, custody, and control of town property
k. Appointment to fill vacancies
3. Enact and Amend Local Laws and Ordinances
4. Create and Appoint Boards and Committees
a. Appoint Planning Board, Zoning Board of Appeals, Conservation Board and
Ethics Board members
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b. Create and appoint Citizen Advisory and Staff Advisory Committees
c. Discuss and acknowledge Supervisor’s appointments of members to Town
Board Committees, intermunicipal and interagency boards and committees.
5. Provide Public Leadership
a. Relay comments or requests of constituents to promote representative
governance
b. Mediate conflicting interests while building a consensus
c. Call special elections as necessary
d. Communicate the Town’s mission, vision, and goals to constituents
e. Represent the Town’s interest at regional, county, state, and federal levels
6. Decision-Making
a. Study problems
b. Review alternatives
c. Determine best course of public policy
2.03 Role of Town Supervisor
A. Presiding Officer
The Town Supervisor serves as the presiding officer and acts as chair at all meetings of the
Town Board. The Town Supervisor participates in all deliberations and votes of the Board
in the same manner as any other member. The Town Supervisor does not possess any
power of veto.
B. Treasurer- Chief Fiscal Officer
The Town Supervisor is the Chief Fiscal Officer of the Town and any special districts as
described in Town Law §29. The Supervisor shall demand, collect, receive, and have the
care and custody of moneys belonging to or due the Town from every source, except as
otherwise provided by law.
C. Budget
Under NYS law the Town Supervisor is responsible for preparing, and filing the Tentative
Budget with the Town Clerk, no later than September 30th, which is then presented to the
Town Board no later than October 5th. The Town Board may revise and create the
Preliminary Budget. There is a Public Hearing on the Preliminary Budget. The Town
Board votes to adopt the final budget.
D. Administrator
The Town Board may, by resolution, delegate to the Supervisor the power and duties of
administration and supervision of the Town or special improvement district functions to be
performed on behalf of the Town Board as provided in Town Law Article 3, § 29(16). The
purpose of this provision is to allow the Town to function between Town Board meetings.
Such delegation may be reviewed and amended by the Town Board. However, this
delegation, does not abdicate or surrender the Town Board’s basic statutory
responsibilities.
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E. Other Duties
The Town Supervisor has other statutory duties listed in Town Law §29 and § 125.
2.04 Absence of Town Supervisor and Board Members
In the absence of the Town Supervisor, the Deputy Town Supervisor shall perform the
duties of the Town Supervisor. When both the Town Supervisor and Deputy Town Supervisor are
absent, the Board may choose from among its members a person to serve as acting Town
Supervisor, who shall, for the term of such absence, have the powers of the Town Supervisor.
If the Town Supervisor or other Town Board Members will be unavailable for a scheduled
Board or Committee meeting, they shall notify the Town Supervisor or Town Clerk.
2.05 Appointment of Town Officials
The Town Board is responsible for appointing the Town Clerk, Receiver of Taxes,
Highway Superintendent, Town Engineer (Director of Engineering) and Historian. The appointees
shall hold their respective offices as provided in Town Law § 53-c. The Deputy Town Supervisor
is appointed by the Supervisor, or by the Town Board if the Supervisor fails to make an
appointment within five days after a vacancy occurs in the office.
Deputy Town Clerk(s) are appointed by the Town Clerk; the Town Board may appoint a
temporary Deputy Town Clerk if the Town Clerk is absent or unable to act and there is not a duly
appointed and qualified deputy present and able to act. The Deputy Highway Superintendent is
appointed by the Highway Superintendent, or by the Town Board if the Highway Superintendent
fails to make an appointment within five days after a vacancy occurs in the office.
The Town Clerk and Highway Superintendent have independent duties and authority as
described in the Town Law and Highway Law of the State of New York. See Appendix 2 for
Town Clerk’s job description. See Appendix 3 for Highway Superintendent’s job description,
which includes the responsibility as Director of Public Works.
Terms of office end on December 31st of the appropriate year. Appointments are made at
the Organization meeting in January. Public Officers Law § 5 states: “Every officer…whose term
is fixed by the constitution, having duly entered on the duties of his office, shall, unless the office
shall terminate or be abolished, hold over and continue to discharge the duties of his office, after
the expiration of the term for which he shall have been chosen, until his successor shall be chosen
and qualified…” which covers the period between the expiration of the previous term and the
appointment of the new term.
2.06 Appointment of Department Heads and Staff
The Town Board is responsible for the appointment of Department Heads and other
additional management staff in compliance with Civil Service requirements. The Town Board will
appoint an Interview Committee that will interview prospective candidates and make a
recommendation for appointment to the Town Board.
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Appointment of Department Staff -The Town Board is responsible for approval of the staff
appointments made by the Department Heads and the ratification of appointments made by Town
Officials.
2.07 Appointment of Boards and Committees
The procedures outlined in this manual reflect the policy of the Town Board regarding the
appointment of the Town’s boards and committees to ensure that well-qualified, responsible, and
willing citizens representing the diversity of the community are given the opportunity to serve the
Town and participate in the governing of their community.
A. Role of Zoning Board of Appeals, Planning Board and Conservation Board
The Zoning Board of Appeals, Planning Board and Conservation Board are made up of
residents of the Town of Ithaca that have been appointed for a designated term of office by the
Town Board. Zoning Board of Appeals and Planning Board members are considered town
officers. Members of these boards are appointed by the Town Board.
1. Zoning Board of Appeals (ZBA) was created October 7, 1954, following the approval
of the first Zoning Ordinance. The ZBA is a quasi-judicial board of five members that
reviews requests for variances from, and provides interpretations of, the Zoning
Ordinance. The ZBA has independent powers granted to it by the State of NY. For
more information refer to Code of the Town of Ithaca, Chapter 270, § 235.
2. Planning Board was established May 5, 1955. The Planning Board is a seven-member
review board for land use as authorized by Town Law. The Planning Board has
independent powers granted to it by the State of NY. For more information refer to
Code of the Town of Ithaca, Chapter 270, § 236.
3. Conservation Board was established on April 12, 1993, to assist the Town in the
development of sound open space planning and assure preservation and protection of
natural and scenic resources. The Conservation Board is an advisory board to the
Town Board, Zoning Board of Appeals and Planning Board. For more information
refer to Code of the Town of Ithaca, Chapter 23.
B. Creation and Role of Other Boards and Committees
The Town has both Town Board and Citizen Committees. Section 63 of New York State
Town Law states that “…the supervisor may, from time to time, appoint one or more committees,
consisting of members of the board, to aid and assist the board in the performance of its duties.”
Pursuant to this provision, only Town Board members may serve on Town Board Committees.
Citizen Committees provide advice and support to the Town Board and staff in carrying out their
duties. Furthermore, the Town of Ithaca has recognized the immense contributions of town
officers and staff to effective committee functioning. Therefore, the Town of Ithaca adopts the
following committee structure for the Town.
Town Board Committees: Town Board Committees are committees created by the
Town Supervisor consisting of no more than three Town Board members. Staff and
other board and community representatives participate as resources, as appropriate. By
tradition the Supervisor consults individually with Town Board members prior to
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making the appointments, and the Town Board acknowledges the Supervisor’s
appointments at the Organizational Town Board meeting.
Citizen Advisory Committees include members from outside the Town Board. Up to
three Town Board members may be appointed as members to any committee.
Staff Advisory Committees are committees that address internal staff issues and may
include Town Board members. Members are appointed by the Town Supervisor, with
approval by the Town Board. Members of the public or other agencies may be invited
as appropriate.
Minutes/notes may be taken at all committee meetings and will be on file with the Town Clerk’s
office. See Appendix 7 for Town’s Boards and Committee Listing.
C. Qualifications
It is the desire of the Town to establish a consistent policy to fairly and equitably evaluate
citizens of the community who wish to serve on boards or committees. Persons wishing to be
considered for appointment shall submit a Board/Committee Application to the Town Clerk’s
office with a resume, if available.
Inasmuch as the qualifications and terms of service for the Planning Board, Zoning Board
of Appeals and Conservation Board set forth in the Town of Ithaca Code may differ from each
other, it is the policy of the Town Board to evaluate each applicant on an objective basis, utilizing
the following criteria:
1. Residency - Residency requirements for boards and committees are determined by the
Town of Ithaca Code or at the time of the formation of the committee.
2. Geographic, Economic, Ethnic and Racial Balance – Consideration should be given
toward maintaining a reasonable balance of community and area representation on all
boards and committees. The Town Board will strive to avoid appointing citizens to
serve as members of more than one board, committee, or commission at the same time,
except on certain boards and committees as established by Board resolution.
To avoid the appearance of favor and to increase community representation, the Town
Board will avoid appointing multiple members from the same family or household to a
single board or committee, with exception of the Agriculture Committee. The Town
Board will avoid appointing Town Board Members’ families or households to boards or
committees.
3. Occupation - The Board will attempt to maintain a broad mix of occupational
backgrounds on all boards and committees.
4. Knowledge of Municipal and Planning Process - When ranking equally qualified
applicants, the Board will consider background experience and knowledge of the
municipal process as appropriate to the position.
5. Contributive Potential - The Board will evaluate the potential contribution including:
a. Ability to communicate ideas, concepts, or philosophies
b. Desire to perform public service and participate in decision-making process
c. Availability and understanding of time commitment
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d. Willingness to attend training as needed for the position.
6. Leadership Potential - Since each appointee may be called upon to serve as a Chair, the
Board will evaluate leadership abilities, such as:
a. Past or present leadership experience
b. Past or present participation in community services
c. Expressed interest in a leadership role
Points 4, 5, and 6 should be considered in balance with the goal of achieving broad representation.
It is recognized that past leadership or service on community boards can be a self-perpetuating
criterion that can lead to a reduction in the pool from which committee members are drawn.
D. Appointment Process for Zoning Board of Appeals and Planning Board
1. Interview Process – The Town Supervisor shall establish an Interview Committee
consisting of at least two Town Board Members, the Committee or Board chairperson,
and staff as designated.
2. Committee Evaluation - The committee will deliberate and reach a decision on a
recommendation be forwarded to the Town Board for consideration of appointment.
3. Decision & Announcement – The Town Board will consider the recommendation of the
Interview Committee and vote on the appointment. Each applicant will be notified by
the Human Resources Manager of the decision of the Board.
E. Appointments
1. Appointment of Members to Planning Board, Zoning Board of Appeals, Ethics Board
and Conservation Board
The Town Board is responsible for appointing members to the Planning Board, Zoning
Board of Appeals, Ethics Board and Conservation Board based on an established term of
appointment. Refer to Town Law, Article 16, § 267 and § 271, and Code of the Town of
Ithaca, Chapter 32. Refer to other parts to this section 2.07 for more information on process of
appointment, reappointment, resignations, filling vacancies and rules of conduct.
2. Appointments to Town Board Committees and Citizen Advisory Committees
No more than three (3) Town Board members will be appointed to each Town Board
Committee, and, where appropriate, each Citizen Advisory Committee. Except for the
Agriculture Committee and the Records Management Advisory Board, one Town Board
member will be designated as the chair. No member of the Town Board will chair more than
one Town Board committee, or one Citizen Advisory Committee. This restriction shall not
apply to ad hoc committees.
Each member of the Town Board will be a member of at least two committees. Other
members of the Town Board may attend and observe any committee meeting but may not
participate in the discussions unless invited by the committee chair. At least one member of the
staff will be assigned to support the activities of each Town and Citizen Advisory Board
Committee.
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F. Reappointment Criteria
When reappointment is considered, the Board will be guided by the following performance
criteria:
1. Regularity of Attendance.
2. Demonstrated understanding of board or committee’s function and ability to work
toward its goals.
3. Demonstrated leadership.
4. Active participation and demonstrated contribution on issues, programs, policies, etc.
5. Demonstrated ability to act within the bounds of regulatory expectations of board or
committee.
G. Board and Committee Resignations
1. Resignations from the Planning Board, the Board of Zoning Appeals, and the Town
Board are prescribed in Public Officers Law § 31. A town officer must resign by delivering her/her
resignation in writing or via email to the Town Clerk.
2. For other boards and committees, members must resign by delivering their resignation
in writing or via email to the Town Clerk. After three unsuccessful attempts to secure a letter of
resignation from a member who has verbally indicated he or she is resigning, the Town Board can
declare the seat vacated and has the right to fill the vacancy.
H. Filling of Vacancies on Boards and Committees for Appointed Positions
Vacancies on Boards and Committees will be filled to complete the remainder of term of
the vacated position.
The Town will:
a. Notify the Chairpersons of the appropriate advisory board or committee of
the vacancy.
b. Announce the position vacancy by newsletter, media distribution, and
website.
c. The Town Clerk will notify the incumbents of boards and committees
whose terms are expiring and invite incumbent to consider reapplying and
or apply for any vacant positions.
I. Representation on Non-Town Boards and Committees
Board Members are often requested to serve on outside boards, commissions, or
committees. This type of representation serves to facilitate communication and provide interaction
with other governmental bodies. The Town Board appoints members on an as-needed or as-
requested basis.
Where applicable, the Town Board will appoint an alternate to attend outside boards,
commissions, or committees The member will notify the alternate as soon as possible when unable
to attend a meeting.
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Board Members participating in policy discussions at regional meetings will represent the
consensus of the Board. Personal positions, when given, will be identified as such and not
represented as the position of the Town. Assignment and direction of staff in relation to regional
meetings are at the discretion of the Town Supervisor and Department Head where applicable.
J. Rules of Conduct
By accepting appointment to any Town board or committee, members thereby agree to
conduct themselves in accordance with the following rules of conduct.
1. All members will abide by all applicable State and Town laws and other requirements
relating to the conduct of members, including, but not limited to, conflict of interest
statutes, the State Open Meetings Law, and the Town’s Workplace Expectations.
2. Members will not speak in their capacity as a board or committee member, before any
other board, committee, administrative officer or agency of the federal government, the
State of New York or of any county or other municipal corporation, including cities and
towns, except as hereinafter provided.
Exceptions to the policy set forth above shall be as follows:
a. In the event the board or committee has designated the member or members
to act as a spokesperson for the board or committee to explain the majority
vote and recommendation of that board or committee; or
b. In the event the Town Board appoints the member or members to represent
the Town before another body; or
c. If the member is testifying in such a capacity pursuant to a lawfully issued
subpoena.
3. Notwithstanding the foregoing, nothing contained herein is intended to preclude a
board or committee member from speaking as an individual citizen. The individual
shall clearly identify that they are speaking only as an individual citizen and is not in
any manner representing or speaking on behalf of the board or committee of which they
are a member.
K. Board Members’ Role and Relationship with Zoning Board of Appeals and Planning
Board.
1. In accordance with the provisions of state law, Town Board Members shall not be
appointed to, and may not serve on the Zoning Board of Appeals or the Planning
Board during the term of office as a Town Board Member.
2. Unless a position has been taken by the Town Board, no Town Board Member shall
be authorized to state or testify to the policy or position of the Town Board before
the Zoning Board of Appeals or Planning Board.
3. Limitations on the conduct of Town Board Members before the Zoning Board of
Appeals or Planning Board should be voluntarily undertaken to assure public
confidence in the decision-making process and avoid the appearance of bias,
prejudice, or improper influence. Special caution should be taken when an issue
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may later come before the Town Board. Expressing an opinion on an issue may
create the appearance of bias before sufficient information, including that from
public hearings, has been received. Toward this purpose, the following protocol
should be observed:
a. The Town Board Member shall identify themself as a Town Board Member
and must make it clear that they are not speaking on behalf of or at the
request of the Town Board.
b. The Town Board Member shall refrain from stating or implying that their
position or opinion is that of the Town Board.
c. The Town Board Member shall refrain from directing Town staff or the
advisory body to take any action on behalf of the Board Member.
d. The Town Board Member shall observe any rules of procedure or protocol
that apply to any other private citizen testifying before the advisory board.
2.08 Incompatibility of Offices
There is no single statutory provision governing dual office holding. Statutory law is
usually silent on that question except where the legislature has deemed it best either to prohibit or
permit particular offices to be held by the same person regardless of whether they may or may not
be compatible under common law principles. Cases construing New York State Town Law, § 20 -
address specific times when it may or may not be compatible for a person to hold more than one
position.
2.09 Filling Elected Vacancies
If a vacancy occurs in an elective office, the Town Board shall, by majority vote of the
entire Board, appoint an individual to serve until the commencement of the calendar year next
succeeding the first annual election at which the vacancy may be filled, as provided by Town Law
§ 64 (5).
If a Justice vacancy occurs during their term, the Town Board shall, by majority vote of the
entire Board, appoint an interim Justice to complete that calendar year. An election would be held
in November for a new four-year term commencing January 1st.
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Chapter 3. Interaction with Town Staff/Officials
Successful town governments depend upon positive relations amongst the Town Board,
Town Supervisor and Town staff. It is critical that the relationship between Town Board and staff
be well understood by all parties so that their respective roles are recognized, and that policies and
programs may be implemented by staff successfully.
3.01 Administration of the Town
According to New York State Town Law, the Town Board is the legislative, executive, and
administrative head of the Town. The Town Board’s role is to establish Town policies and
priorities, authorize the expenditure of funds, and provide for the proper administration of the
Town.
The Town Board is responsible for the general management and control of finances of the
Town including approval of positions, salaries, and benefits. One of the statutory fiscal
responsibilities of the Town Supervisor, as the Chief Fiscal Officer, is the budget. The Town
Supervisor proposes the preliminary budget, and then the Town Board reviews, modifies, and
ultimately adopts the final budget. The customary practice of the Town is to have the Budget
Committee assist the Town Supervisor in the development of the preliminary budget.
It is the role of staff to implement the laws, policies and programs established by the Town
Board and to conduct the day-to-day business of the Town. Staff are supervised by a Department
Head; however, for some management positions the Town Supervisor serves as the Department
Head. Contact the Human Resources Manager for the current Town’s Organizational Chart.
3.02 Town Board Relationship to Administration
The Town Board as a whole makes policy and creates local laws and ordinances for the
Town. Except in their roles as committee chairs (as discussed in Section 3.09), individual Town
Board members do not oversee the activities of Town staff unless they are authorized to do so by
the Town Board for specific projects. Scheduling considerations and coordination for which the
staff member is responsible should be discussed with their Department Head. Unresolved
disagreements will be resolved by the Town Board.
3.03 Town Board/Town Supervisor Relationship
Effective administration of the Town relies on cooperation between the Town Board and
the Town Supervisor, which requires a free flow of information and an atmosphere of mutual
respect. The goal is an efficient and well managed organization.
The Town Supervisor is responsible for coordinating the daily operations of Town
government and acts as an administrative liaison between the Town Board and staff. It is through
the Management Team that work-flow is choreographed to implement the Town Board policies.
The Town Supervisor also represents the Town Board when meeting with other municipality
representatives to address collaborative arrangements.
The Town Supervisor leads Town Board meetings and oversees the board in carrying out
its statutory responsibilities. The Town Supervisor may not supersede the functional role of other
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Town Board members in their interaction with Town staff, nor unilaterally execute their own
interpretation of Town Board policy. A Town Board may, by resolution, delegate to the Town
Supervisor the authority to implement policies and undertake the administration of the
organization. The Town Board may not abdicate to the Town Supervisor or surrender to them the
Town Board’s basic statutory (administrative, legislative, or executive) responsibilities.
3.04 Town Board/Town Staff Relationship
Town Board members, including the Town Supervisor, are elected by the residents of the
Town. Members of the Town Board are direct representatives of Town residents. As such, the
Town Board is ultimately responsible for the formulation, and implementation of policy and
therefore must maintain ultimate authority and oversight over those functions as carried out by
staff.
In order to formulate policy, the Town Board requires information and support from staff,
who will respond to requests for information and support in a timely manner. The workflow will
be determined by the Department Head in consultation with their staff, as long as Town Board
priorities are being met. Staff are to implement the policies and programs established by the Town
Board in a manner that complies with Federal, State, and local laws and ordinances and to support
the efforts of the Town Board and committees in the fulfillment of their responsibilities.
Business contact between Town Board members and staff members should be conducted
during regular business hours or before, in or after evening meetings, except in the case of an
emergency or under mutually agreed upon circumstances.
Staff’s daily functions are under the supervision of their Department Head. This
supervision follows the policy set by the Town Board as stated in this manual. Questions or
concerns by staff regarding the actions of individual Town Board members should be brought to
the attention of their Department Head for discussion and consideration. Disputes that cannot be
resolved through such discussion will be resolved by the Town Board.
3.05 Town Board/ Appointed Board Relationship
The appointed boards are independent boards that have their own by-laws and governance
responsibilities. Town Board members shall not use pressure to influence the vote of a Zoning
Board of Appeals or Planning Board member in their role as an individual member of the Town
Board. Refer to Chapter 2.07 (J) Rules of Conduct, for information regarding addressing an
appointed board.
3.06 Town Board/ Attorney Relationship
The Town Board shall obtain legal counsel for the Town, either by appointing a Town
Attorney or contracting for such professional services. The Town of Ithaca contracts for attorney
services annually. The Attorney(s) for the Town are the legal advisor(s) for the Town Board, its
committees and boards, and all Town officers and employees with respect to any legal question
involving an official duty or any legal matter pertaining to the affairs of the Town.
The general legal responsibilities of the Attorney(s) for the Town are to:
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A. provide legal assistance necessary for formulation and implementation of legislative policies
and projects;
B. represent the Town’s interest, as determined by the Town Board, in litigation, administrative
hearings, negotiations, and similar proceedings;
C. prepare or approve as to form, local laws, ordinances, resolutions, contracts, and other legal
documents to best reflect and implement the purposes and intentions of the Town Board,
Zoning Board of Appeals and Planning Board; and
D. keep Town Board and staff apprised of court rulings and legislation affecting the legal interest
of the Town.
E. Provides legal advice as requested by the Town Board.
It is important to note that the Attorney(s) for the Town represents or gives opinions for the
Town as a whole, and not for any individual connected to town government. The Attorney(s) for
the Town may represent an individual member in a personal capacity as long as it does not result
in a potential conflict of interest.
3.07 Information Flow
A variety of methods are used to share information with the Town Board. Town Board
members are welcome to attend Management Team meetings. The Town Supervisor, individual
Town Board members, and staff also provide other information to the Board, such as status reports
from inter-municipal entities and Town committees. Refer to Chapter 4 Town Board Meetings for
more information.
Informal meetings between Town Board members and the Town Supervisor or staff in
groups or on a one-on-one basis are permitted if such meetings do not cause a violation of the
Open Meetings Law. Information provided may be shared with the rest of the Town Board.
3.08 Staff Relationship to Boards, Town Board Committees, and Citizen Committees
Boards and Committees often require staff support and assistance to effectively carry out
their charge. When staff members are assigned to provide support and assistance to Boards and
Committees, they will carry out assignments given by the Board or Committee chair. Staff or their
Department Head should inform the Board or Committee chair of scheduling conflicts, in order to
identify an appropriate timeframe for assignments. While staff will work closely with the Board or
Committee to which they are assigned, staff members remain responsible to their immediate
manager, who will facilitate coordination between the Board or Committee and the assigned staff.
A. Town Board Committees
For Town Board committees (for the purpose of this section, the Codes and Ordinances
Committee will be considered a Town Board Committee) the Committee chair, Town Supervisor,
and the Department Head (overseeing such assigned staff) will agree on the staff member(s) who
will provide support and assistance and agree, on an ongoing basis, upon the amount of staff time
necessary to provide adequate committee support. If the Committee chair, the Town Supervisor,
and appropriate Department Head cannot come to an agreement, the Town Board will decide who
will provide support and assistance, and the associated staff time commitment. The chair will
oversee the work of the assigned staff member, in cooperation with the Department Head, for the
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projects and duties performed for the committee. If the staff member or Department Head believes
that the assignment(s) or oversight by the chair conflict with the staff member’s other assigned
duties, the staff member or Department Head will bring their concerns to the Committee chair. If
there is still disagreement, the Town Board will make the decision.
B. Citizen Committees
For these Committees (with the exception of the Codes and Ordinances Committee) the
Department Head overseeing such staff member will make the staff assignment, subject to
approval by the Town Board, and continue to oversee the activities of the assigned staff. The
assigned staff member will make every effort to carry out the assignments given by the Committee
chair in the manner requested. If the Department Head believes that the assignment(s) or direction
given by the chair of the Citizen Committee are in conflict with the staff member's other assigned
duties, the Department Head will bring those concerns to the Committee chair. The Department
Head will inform the Town Board of any dispute regarding the assignments given or the quality of
support provided. If there is still disagreement between the Committee chair and the Department
Head, the Town Board will make the decision.
The chairperson is responsible for Committee compliance with the municipal code and/or
Committee bylaws. Staff members are to advise the advisory body chair about compliance with
state and local laws and regulations.
3.09 Restrictions on Political Involvement by Staff
Professional staff formulates recommendations in compliance with Board policy for the
good of the community and may not be influenced by political factors. By working for the Town,
staff members do not surrender rights to be involved in political activities. Employees may
privately express their personal opinions. In the exercise of Town business, staff will refrain from
public expressions of political opinions.
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Chapter 4. Town Board Meetings
The Town Board’s collective policy and law-making powers are put into action at the
Board meetings. It is here that the Board conducts its business. The opportunity for citizens to be
heard, the availability of local officials to the citizenry, and the openness of Board meetings all
lend themselves to the essential democratic nature of local government.
4.01 Meeting Schedule
The Town Board shall hold at least one meeting per month to address business, usually on
the second Monday of the month, at 5:30 p.m. Town Board meetings are held in the Town Hall,
Shirley Raffensperger Room, 215 North Tioga Street, Ithaca, NY, unless otherwise specified by a
vote of the Town Board. Generally, meetings will begin at 5:30 p.m. and end by 9:00 p.m. The
beginning and ending times of meetings may be changed with the consent of a majority of Town
Board members. The Town Board regularly holds a second meeting of the month for longer
reports and committee updates. These Study Session Meetings are held at Town Hall on the fourth
Monday of the month, at 4:30 pm. Town Board meeting dates are established at the first meeting
each January.
4.02 Organizational Meeting
The Town Board shall hold an annual organizational meeting as its first meeting in
January. The purpose of this meeting is to organize the function(s) of the town government
throughout the year. Such items to be addressed include but are not limited to: Oaths of Office,
Appointments, Setting Meeting Schedule, Designation of Official Newspaper and Depository(s),
Employee Bonds, and annual review of certain policies.
4.03 Special Meetings
The Town Supervisor may call a special meeting of the Board with seventy-two (72) hours
advance notice unless extenuating or emergency situations require less notice. Two or more Board
members may request that the Town Supervisor schedule a special meeting and the Town
Supervisor will make every effort to do so on the earliest possible date.
4.04 Public Notice of Meetings and Hearings
Pursuant to the Open Meetings Law (Public Officers Law, Section 104), towns are charged
with notifying the public of upcoming public meetings, hearings, and the final agenda for the
forthcoming Town Board meeting. Once the meeting schedule is set at the Organizational
Meeting, public notice of the time and place of meetings is sent to the media distribution list and
updated on the Town Board description page on the Town Website and Web Calendar. Notice of
any additional meetings scheduled at least one week prior thereto are sent to the news media,
posted on the Town’s website, and conspicuously posted on the Town Clerk's Board at the Ithaca
Town Hall at least seventy-two (72) hours before such meeting. Public notice of the time and place
of any meeting scheduled less than one week prior thereto will be given, to the extent practicable,
to the news media and shall be conspicuously posted on the Town Clerk's Board at the Ithaca
Town Hall as soon as reasonably possible. Public notice of meetings scheduled for emergency or
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Town of Ithaca Board Protocol and Procedures Manual -- 24
extenuating circumstances with less than seventy-two (72) hours advance notice shall be sent to
the media and posted as above at the earliest time possible after the calling of such a meeting.
4.05 Site Visits
At times there may be a need for the Town Board to visit a site or area of the Town as a
group before considering a decision. Open Meeting Law anticipates this need and clarifies that no
discussion on the particulars of the action before the Board necessitating a group site visit should
be discussed during the site visit, but rather, discussion should be held at the next meeting.
4.06 Political Caucuses
A political conference or caucus may be held in private even if the subject of the
discussions and deliberations includes public business. According to Public Officers Law, Section
108, subdivision 2, paragraph b “… deliberations of political committees, conferences and
caucuses means a private meeting of members of the{legislative body} who are members or
adherents of the same political party, without regard to (i) the subject matter under discussion,
including discussions of public business, (ii) the majority or minority status of such political
committees, conferences and caucuses or (iii) whether such political committees, conferences and
caucuses invite staff or guests to participate in their deliberations..” However, the discussion must
remain an exchange of ideas and points of view, and no public business shall be conducted
(including the making of decisions), otherwise the caucus will violate the Open Meetings Law.
4.07 Duties of Town Clerk
The Town Clerk is an appointed Town Official and acts as the Clerk of the Board. The
Town Clerk publishes, and posts notices of meetings and public hearings as required by the Open
Meetings Law as described above. The Town Clerk is responsible for assembling the meeting
packet of materials and distributing it to each Board Member, by email, physical office mailbox, or
postal service as requested by each member. Packet distribution is generally done the Wednesday
prior to each meeting or as soon as possible thereafter. See Appendix 2 for Town Clerk’s Job
Description.
A. Agendas and Material for Town Board Meeting
The final agenda and any materials (packets) for regularly scheduled meetings are posted
to the Town webpage and the agenda is posted to the Town Clerks Bulletin Board at Town Hall no
less than 3 days (72 hours) prior to the scheduled meeting. Agendas and materials for meetings
scheduled in addition to the regular schedule shall be posted at the earliest time possible in the
same manner. The Town strives to send or post materials five (5) days prior to regularly
scheduled meetings.
All items distributed or accepted at public meetings are public records, with the exception
of written materials protected by attorney- client privilege. The content of documents protected by
the attorney- client privilege must not be cited or quoted in order to protect the privilege. (i.e.:
Memo from attorney regarding current litigation.)
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B. Notices of Public Hearings
Public hearing notices are in addition to the general meeting notices. Publication of a
notice shall contain the time, place, date, and subject. The Town shall publish, post, or submit all
notices of Public Hearings in the Town’s official newspaper,, on the Town’s website, and on the
Town Clerk’s board at Town Hall.
4.08 Recording of Meetings and Retention of Information for Town Board Meetings
and Packets
The Town Clerk, or designee, shall record all meetings of the Town Board, except those
meetings or portions of meetings conducted in Executive Session or Closed Session as permitted
under Open Meetings Law.
The Town Clerk produces approved minutes of the Board and board/committee
proceedings are the official record of the meeting and are kept permanently.
Audio recordings are kept permanently, video recordings are kept for one year and
packets are kept for ten (10) years as an approved extension of the shorter retention
period given in the State Archive Records Administration LGS1 Retention Schedule.
The public and/or news organizations may record and broadcast Board meetings as
outlined in Open Meetings Law and the Public Meeting Room Use and Conduct Policy.
4.09 Development of the Agenda
A. Management Team
Matters to be presented to the Town Board at its meetings are generally reviewed by the
Management Team, which is composed of the Town Supervisor, Deputy Town Supervisor, Town
Clerk, Director of Public Works/Highway Superintendent, Director of Engineering, Director of
Code Enforcement, Director of Planning, Finance Officer, Human Resources Manager, and
Network Manager. The meetings are held Wednesdays at 9:30 a.m. at Town Hall.
B. Town Board
A Board Member may place an item on an agenda either by submitting it at a prior Town
Board meeting or submitting it at least 7 days prior to the meeting for which the item is requested
to be placed on the agenda. The item shall generally be presented to the Town Supervisor or a
Management Team member for placement on the agenda, allowing time for the research and
compilation of any necessary materials for the packet. Items submitted by Town Board members
according to these procedures must be placed on that meeting's agenda.
Advisory Bodies and Civic Organizations or Public Requests for an Agenda Item
Advisory bodies of the Town Board, civic and other organizations (i.e., Chamber of
Commerce, Life Long) and members of the public may request items to be placed on the agenda
by submitting a written request to the Town Supervisor or Town Clerk at least 2 weeks prior to the
requested meeting date. The Town Clerk will notify the requester as to when the item is on the
agenda and invite them to attend the meeting when appropriate.
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The Town Board may refer the agenda item to a committee or department for further
information prior to adding it to an agenda or after the initial agenda item is heard.
The Town Clerk will strive to keep the person requesting the agenda item informed as to
the progress of the item and any scheduled discussions.
4.10 Order of Business
The Town Board, by adoption of this manual, establishes the general order of meetings.
This section summarizes each meeting component. The Town Supervisor may, at any time,
consider items in a different order.
A. Quorum
A quorum is necessary to conduct town business. A quorum is the majority of the entire
Board, 4 members of the 7 member Board constitutes a quorum. If a quorum is not present, the
meeting should not be held.
Under Chapter 56 of the Laws of 2022, attendance and participation by Board members is
permitted by video conferencing under certain circumstances. A Board member meeting those
requirements may fully participate, as long as a quorum is present in person at the announced
location of the meeting. (See Videoconferencing Public Body Participation Policy.)
B. Call to Order
The Town Supervisor, or in their absence the Deputy Town Supervisor, is the Presiding
Officer. In the absence of the Town Supervisor and Deputy Town Supervisor, the Town Clerk
shall call the Board to order, whereupon a temporary chairperson shall be elected by the members
of the Board present. The Presiding Officer will determine if a quorum is present. If there is not a
quorum the meeting shall be cancelled. The Presiding Officer calls the meeting to order and leads
the Board in reciting the Pledge of Allegiance.
C. Persons to be Heard and Board Comments
The Presiding Officer invites those present wishing to address the Board about topics that
are not scheduled as a public hearing on the agenda to raise their hand to be recognized. Upon
recognition by the Presiding Officer, individuals are invited to state their names and addresses (not
required) and address the Board. Typically, a 3-minute time limit is given to each person.
Speakers are asked to address the Board as a whole. This is not an opportunity for back-and-forth
between the public and the Board, but to inform the Board about an issue and allow for research
when needed. Board members may ask questions for clarity on a topic or statement.
Written comments may be submitted to the Town Clerk via email or hardcopy. The Clerk
will distribute the message to each Board member and archive it appropriately.
Board members may bring up ‘other’ topics that are not on the agenda during the Board
Comments section.
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D. Public Hearings
Public Hearings are typically scheduled because they are required under State or Town law
for certain actions, such as adopting legislation, bonding or public interest orders for large
financial commitments. Draft legislation requiring a public hearing is available on the website and
the Clerk’s Office according to the New York State guidelines.
Public hearings are generally scheduled near the beginning of the meeting for the
convenience of the public and they are invited to speak regarding the proposed topic or action
item. Once called upon by the Presiding Officer, they may state their name and address, but this is
not required and cannot be compelled. A time limit of three (3) minutes per person is standard and
cannot be transferred to another person.
Written comments on a public hearing topic may also be submitted to the Town Clerk via
email or hardcopy up to 3:00 pm on the day of the meeting. Those comments will be distributed
to the full board and any appropriate Department Head(s), Project Managers/Agents, or Applicants
and they become part of the summarized comments of the public hearing and are added to Town
Boar Correspondence as a permanent record.
After a public hearing is closed, no member of the public shall be permitted to address the
Board or the staff, unless requested by the Presiding Officer. The Town Board shall begin
deliberations from that point forward and may delay taking action on the matter to a subsequent
meeting based on comments from the public or to request additional information.
E. Action & Discussion Items
The Town Board discusses each agenda item. Some are for information or for discussion
only, while others may require action, which is generally the adoption of a resolution, or a referral
to a committee for further review. Members can add and act upon a discussion item at any time
with the consent of the Board, subject to any necessary public notice requirements.
F. Voting Actions
The Town Board follows Roberts’ Rules of Order for actions. A motion must be made and
seconded to bring the matter to the Board for consideration. Any changes to a draft resolution that
are substantive must be approved by the mover and the seconder prior to proceeding to a full vote.
Minor or non-substantive changes are considered “friendly” and approved by mover and seconder.
G. How Many Votes are Required for Passage?
Except when otherwise required by law, every act, motion or resolution shall require for its
adoption the affirmative vote of a majority of the full membership of the Town Board for approval,
regardless of an absence of a member(s) or a vacancy (at least four votes). Members should be
aware that a recusal or an abstention has the same effect as a negative vote. A member may
approve minutes for meetings for which they were not present if they reviewed the draft minutes
and feel confident the minutes captured the actions and outcomes.
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H. Consent Agenda
Matters of business that require action by the Board that are considered to be of a routine
and non-controversial nature are grouped together for a blanket approval by consent. No
discussion takes place regarding any item on the consent agenda beyond questions for simple
clarification. Board Members may request to withdraw (or pull) any item for further discussion
and take action separately on that item after the amended consent agenda has been approved.
Examples of Consent items include:
Approval of Town Board minutes;
Abstract for Town;
Abstract for SCLIWC (Bolton Point);
Ratification or Approval of Appointments (Town, Health Consortium or Bolton Point
positions);
Approval of Job Descriptions;
Budget Modifications and closing of capital projects
Approval of revised policies or guidelines
I. Reports from Boards & Committees
At the Regular meeting, reports are usually short, if any, and are generally used as an
opportunity to report on issues happening that may be time sensitive or to get a sense of the board
on particular topic under review.
At the Study Session, full reports are given, and other board members are encouraged to
ask questions or comment generally on the topics being discussed.
J. Reports of Town Officials
Members of the Board and Department Heads may take this opportunity to make
comments, extend compliments, express concerns, or make announcements concerning any topic
they wish to share.
K. Review of Correspondence
Communications submitted to the Town Board and received by the Town Clerk in the
period between meetings are sent via email to the Board and listed on the Correspondence List
included in the packet to the Board for their reference. Board members can take this opportunity
to comment, ask questions, or request action based upon the information in said correspondence.
L. Executive Session/ Closed Session
Executive Session and Closed Sessions are portions of the meeting that are not open to the
public, although additional participants may be invited by members of the Board. A motion to
enter executive session must be made and include the general area(s)of the subject(s) to be
considered, seconded and with a majority of the whole in favor. The public will be notified when
the Board returns to regular session.
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The purposes for which an Executive Session may be held are identified in Public Officers
Law, Section 105 as:
Matters which will imperil the public safety if disclosed;
Discussions regarding proposed, pending or current litigation;
Collective negotiations pursuant to Article 14 of the Civil Service Law;
The medical, financial, credit or employment history of a particular person or
corporation, or matters leading to the appointment, employment, promotion, demotion,
discipline, suspension, dismissal or removal of a particular person or corporation;
The proposed acquisition, sale or lease of real property or the proposed acquisition of
securities, or sale or exchange of securities held by the Town Board, but only when
publicity would substantially affect the value thereof.
Closed Sessions are similar to Executive Session in that the public is excluded, but they are
not defined or regulated by Open Meetings Law. The Town Board may hold a closed session (not
open to the public) to receive attorney-client privileged advice from attorneys representing the
Town. A motion to enter closed session must be made and include the general area(s)of the
subject(s) to be considered, seconded and with a majority of the whole in favor. The public will be
notified when the Board returns to regular session.
M. Adjournment
A Board Member may propose to end the meeting at any time by moving to adjourn. A
motion to adjourn will always be in order and decided without debate by a majority vote of the
Board.
4.11 General Procedures
A. Signing of Town Documents
The Town Supervisor, or Deputy Town Supervisor, shall sign all contracts, agreements,
and other documents approved by the Town Board and require an official signature, unless another
Town Official is specifically required on the document.
B. Amending the Policies and Procedures Manual
The Policies and Procedures Manual may be amended at any Town Board meeting
provided that the proposed amendment is on the agenda and made available to Town Board
members in a timely fashion as specified in 4.07 (D). This Manual is reviewed annually at the
Organizational Meeting.
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4.12 Open Meetings Law
A. Applicability
The Open Meetings Law applies to the Town Board, Planning Board, Zoning Board of
Appeals, Conservation Board and all Town Board committees and subcommittees on which a
board member is a member.
All meetings of the Board shall be open to the public, except as provided for in the Open
Meetings Law. The label applied to a public meeting does not affect compliance with the law.
Whether the meeting is referred to as regular or special, workshop or study session, the notice,
agenda, and minute-taking requirements must be met.
B. ADA Requirements
The Town strives to provide accessible meetings for people with disabilities. If
accommodations are required, the Town Clerk should be contacted for access information.
4.13 Emergency Evacuation Plan
In the case of an evacuation due to an emergency all individuals shall exit the building
immediately through the closest door and proceed to the brick wall in the parking lot. Everyone
should wait at that location to determine whether everyone is out of the building. No one will be
allowed to re-enter the building until permission is given by the Ithaca Fire Department.
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Chapter 5. Rules of Order
By approval of the Board Protocol and Procedures Manual, the Town Board has adopted
the following rules of order to be followed at all Town Board meetings. See Appendix 5 for Rules
of Order at a Glance.
5.01 Meeting Decorum and Order
The Presiding Officer shall preserve decorum and decide all questions of order, subject to
appeal by any Board Member to the entire Board. The Presiding Officer will enforce the rules of
order at all times.
5.02 Adherence to Rules of Order
Town Board Members have both the right and responsibility to maintain decorum and
follow the adopted Board Protocol and Procedures Manual.
During the Town Board meeting’s discussions, deliberations, and proceedings, the
Presiding Officer will be primarily responsible for ensuring that the Town Board, staff, and
members of the public adhere to the adopted Rules of Order.
5.03 Questions Regarding Rules of Order
If a Board Member questions whether the rules of order are being properly followed, they
may interrupt the proceedings to raise a “point of order”. The Presiding Officer will rule on the
point of order, and that ruling may be appealed to the body. The Presiding Officer may consult the
Attorney for the Town or the Town Clerk for advice regarding the Rules of Order. In cases where
serious errors in procedure are being alleged, the Attorney for the Town should give advice, even
when it has not been requested.
5.04 Basic Steps to Conducting Business- Order of Discussion
In general, the Presiding Officer will follow the prepared agenda. However, on those
occasions when the Presiding Officer or a Board member believes that deviations are necessary or
convenient, or wishes to add an agenda item, they may propose changes. Reordering or additions
to the agenda will be accepted if a majority of the Board agrees. When changing the order of
discussion, it must be done so as not to prevent or deny any member of the public the opportunity
to listen to the discussion of any agenda item.
5.05 Voting Procedures
Town protocol encourages each Board member to vote yes or no on motions. Each Board
member shall vote (verbally or by raising a hand) on all questions put to the Town Board, unless a
conflict of interest is disclosed. Board Members have the right to have the reasons for their yes or
no vote entered into the minutes if they wish.
When the debate is terminated, the Presiding Officer puts the motion to a vote. Only those
ordinances, resolutions, or main motions that receive an affirmative vote by a majority of the entire
Town Board shall be passed and become effective.
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A. Pass or Fail
A majority of the whole of the membership of the Town Board is necessary to pass an
action. In the case of the Town Board of seven members, a majority of the whole board is
four, regardless of the number of members present or seats filled. For example, if five
members are present and three vote in favor and two vote against, the motion fails.
B. Recusal
It is important that a member who believes they have a conflict of interest regarding a topic
of discussion, or a proposed action item recuse themselves as soon as possible.
A conflict of interest shall be disclosed whenever appropriate and in compliance with state
law and the Town's Code of Ethics. The recused Board Member will not participate in the
discussion and will not vote on the item. Refer to Chapter 7 and the Town of Ithaca Code,
Chapter 32, Code of Ethics, for further information regarding conflicts of interest.
Refer to the Town’s Code of Ethics, Chapter 32.
C. Abstention
If a Board member abstains, they are encouraged to state the reason for the abstention. For
example, a new member who feels they do not have enough information to make an
informed decision. Members are encouraged to reach out to other members or staff to
become informed prior to an action vote. An abstention has the same effect as a no vote
and should be used sparingly.
5.06 Types of Agenda Items
A. Introduction of agenda item
The Presiding Officer will read the agenda item and give a summary or ask the appropriate
staff member to do so. If a vote is required, the Presiding Officer will ask for a motion and
a second to bring the matter to the floor, or a member may introduce a motion for an action,
and the Presiding Officer will ask if there is a second on the motion to bring it to the floor.
A Board Member does not commit to voting for a motion by moving or seconding it, they
are just putting the action on the table for discussion. If there is no second on the motion,
the motion fails, and the Presiding Officer moves to the next agenda item.
B. Persons to be Heard
This is an opportunity during the first meeting of the month for members of the public or
the Board to address the Board on any Town related business not associated with a public
hearing.
This is not a time for a back-and-forth with the public. The Board may decide to refer a
topic to the appropriate committee or may ask the appropriate department for more
information to respond to the speaker or add the topic to an agenda on a later date.
C. Public Hearings
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1. A public hearing is a legal requirement associated with certain action items. The public
hearing must be held prior to discussion on the proposed action.
2. The Presiding Officer opens the public hearing and invites any person interested to address
the Board. The speaker’s comments should be directed to the members of the Board and
there should not be an expectation of a back-and-forth conversation. A three (3) minute
limit is given per speaker or extended by the Presiding Officer.
3. Names and addresses are not required but may be given.
4. After all persons have had an opportunity to speak, the Presiding Officer will close the
Public Hearing.
5. Action may or may not be taken on the subject matter of the public hearing.
D. Action Items
Specific requests or proposals that are presented to the Board for consideration and possible
action must be introduced in the form of a motion. Most often, proposed action items are
accompanied by a draft resolution clearly stating the proposed action.
1. The Presiding Officer will read the agenda item and provide a brief summary or ask the
appropriate staff or representative to give an overview or presentation of the request.
2. Most often, proposed actions items on the agenda are accompanied by a draft resolution.
The Presiding Officer will ask for a motion of the draft resolution as presented. If the
motion is moved then a second is called for. If there is no second then the motion dies, and
the Presiding Officer moves to the next agenda item.
3. Once the motion has a mover and seconder, the Presiding Officer calls for discussion or
debate on the motion.
4. During that discussion, Board Members may suggest a change to the draft resolution by
moving amendments to the proposed motion. The Presiding Officer will call for a second.
If there is no second to the amendment, the proposed motion fails, and the discussion
returns to the original draft resolution. If there is a second to the amendment, discussion on
the amendment follows and a vote is taken on the amendment.
5. The Presiding Officer calls for any further discussion or debate.
6. Once all Board members have had an opportunity to comment, the Presiding Officer
restates the motion, if necessary, and calls for a vote on the motion.
7. The Presiding Officer states the results of the vote.
5.07 Obtaining the Floor
A Board Member shall gain the recognition of the Presiding Officer by raising their hand
prior to making a motion or engaging in debate or discussion. When appropriate, the Town Board
Members may ask to respond to or ask questions of the public or staff. The term “debate” applies
to the discussion of the merits of any pending motion during a board meeting.
To facilitate speaking privileges in a fair and orderly fashion, the Presiding Officer will let
members know the order in which they can speak. When a motion is being debated, however,
there are three instances in which the Presiding Officer should assign the floor to a person who
may not have been the first to address the chair. These are:
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1. The Board Member who makes a motion will be the first person recognized to speak to
the motion.
2. No member is entitled to the floor a second time in the meeting on the same motion as
long as another member who has not spoken on the motion desires the floor. During a
debate two members may go back and forth rather than the next person in order, to
finish or flesh out an opinion or comment.
3. To make sure that board members are given the privilege of the floor in the order in
which they were recognized, the Presiding Officer will keep a written or mental list of
board members in the order in which they have been recognized by the Presiding
Officer. The Presiding Officer may recognize themself by so announcing to the Board
and placing themself on the list.
Upon being recognized by the Presiding Officer, members or the staff shall hold the floor
until completion of their remarks. Discussion continues until consensus is reached that the Board
is ready to consider the draft resolution of adoption or approval, or a motion to close debate “call
the question” has been passed by a majority vote of the entire Board.
5.08 Questions to and Comments from Staff
Board Members may address questions to the staff members. If a staff member believes
that they have information that is pertinent to the discussion, they may raise their hand to be
recognized to speak.
5.09 Postponement of Business
The Board may delay action on an agenda item or pending motion by voting to postpone
the item to a later time or date. This can be done regardless of how much debate/discussion has
taken place. The motion to postpone is debatable and requires a majority vote.
5.10 Tabling a Motion
The motion to table the pending motion (i.e., the motion currently on the floor) is in order
at any time. If the motion to table is made and seconded, it is immediately voted upon. The
motion to table is not debatable. Therefore, no member of the board is allowed to make any
arguments for or against the motion to table. If four or more members vote to table, the motion to
table the debate is passed. . Tabling can also be used to take up a motion that is more urgent than
the motion currently being considered. A tabled motion remains in limbo until four or more
members vote to “take the motion from the table” at the current or at any subsequent meeting.
5.11 Other Protocol
To ensure that meetings of the Board emphasize the importance of the business being
conducted in a professional manner. Board Members and staff shall:
Work to preserve appropriate order and decorum during all meetings.
Discourage side conversations, disruptions, interruptions or delaying efforts.
Introduce Points of Order, which must be addressed immediately
Inform the Presiding Officer when the meeting deviates from the adopted agenda
Inform the Presiding Officer when departing from the remainder of the meeting.
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People shall speak clearly into the microphone when addressing the body, both for the
accuracy of the record and so that the audience can hear the discussion.
Except where the Town Board is required to follow certain procedures as specified in
state law, Robert's Rules of Order (10th edition) will apply for procedures not covered
in this manual.
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Chapter 6. Town Board Correspondences
Because the Town Board performs as a body (that is, acting based on the will of the
majority as opposed to individuals), it is important that general guidelines be understood when
speaking for the Board. The overall goal is for timely communication that is open and clear.
6.01 General Guidelines
Board members communicate with the public in many ways as an essential part of their
role. This communication is needed to assess community opinions and needs, and to share the
vision and goals of the Town with constituents. Members should make it clear when they are
expressing their own views and not those of the Board.
Typically, the Town Supervisor is charged with transmitting the Town’s position on policy
matters to outside agencies or individuals on behalf of the Town Board. Town letterhead will be
used only for official correspondence and must not be utilized for personal or political purposes.
This section does not preclude other individual members of the Board from corresponding
with constituents, other officials, members of the media, or the public at large about town or other
public policy. Communication with staff is also important to provide policy direction and to
understand the implications of various policy alternatives.
Types of Correspondences
Generally, “correspondence” includes letters, memoranda, and electronic communications.
a. Informal Correspondence that does not relate to the functional responsibility of the
recipient or sender as a public official, such as meeting notices, reminders, telephone
messages and notes of appreciation, can be deleted once their purpose is served. (Zero
Retention)
b. All messages that relate to the functional responsibility of the recipient or sender as a
public official constitute a public record and are retained for either 6 years or permanently
and should be forwarded to the Town Clerk for filing
6.02 Correspondence to and from Board Members
Individual members of the Board often correspond with residents/entities in response to
questions or requests for additional information. It is recommended that Members check in with
the Town Supervisor and/or the Town Clerk or Department Head associated with the question to
gather background information, including any prior communications before responding.
Alternatively, Members can also respond that they will forward the request to the appropriate
department and request to be cc’d in any response.
The Town takes transparency and responsiveness very seriously. Many communications
involve specific concerns or issues. When this is the case, communications should be shared with
other Members to keep them informed, and the Town Clerk for filing under various sections of the
LGS-1 and Committee on Open Government/FOIL regulations. It may also be advantageous to
forward to the appropriate Department Head.
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6.03 Correspondence Received by the Town Clerk
Correspondence received by the Town Clerk that is addressed specifically to the Town
Board or to the Town Clerk requesting that it be disseminated to the Town Board, will be
forwarded to the full Town Board and any appropriate Department Heads. All such
correspondence is listed on the Correspondence List that is included with all Town Board meeting
materials.
6.04 Freedom of Information Law
To ensure that communications submitted to and by elected and appointed officials comply
with the Public Officers Law, Article 6, sections 84-90, which is known as the Freedom of
Information Law, the following is set forth:
Definition of a Record – Any information kept, held, filed, produced or reproduced by, with or for
an agency in any physical or electronic form whatsoever, including but not limited to reports,
statements, examinations, memoranda, opinion, folders, files, books, manuals, pamphlets, forms,
papers, designs, drawings, maps, photos, letters, and recordings.
Exceptions
FOIL is permissive with some Records considered to be Inter or Intra-agency
communications, including discussions among Town Board members. Those records may be
withheld except those parts of the record that are:
a) statistical or factual tabulations or data
b) instructions to staff that affect the public
c) final agency policy or determinations
d) external audits, including but not limited to audits performed by the comptroller and the
federal government
The determination to withhold any records is made on a case-by-case basis. Records will be
provided upon the submission of a Public Information/FOIL Request to the Town Clerk.
For further information regarding record retention, emails and other records refer to the Town’s
separate policies.
Best Practices
1. Board Members should use their Town email address for all town business.
2. E-mail should be used cautiously when seeking legal advice or to discuss matters of
pending litigation or other “confidential” Town business.
3. Town email addresses should not be used for personal use.
4. When a Board Member has completed their term(s) of office, staff will close out their
Town email account and reviewed for any Records that should be filed per the LGS1
Retention Schedule.
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Town of Ithaca Board Protocol and Procedures Manual -- 38
Chapter 7. Conflicts of Interest - Code of Ethics, Liability of Elected
Officials, Workplace Expectations
7.01 Conflicts of Interest - Ethical Considerations
Conflicts of interest and ethical considerations are dealt with in the Town’s Code of Ethics,
Chapter 32 of the Code of the Town of Ithaca. Refer to Appendix 7 for a complete copy of the
Code of Ethics.
A Board Member may request an opinion from the Attorney for the Town or the Ethics
Board concerning conflicts of interest.
7.02 Ethics Disclosure Statements
Among other things, Town Board members are required to annually file an ethics
disclosure statement. The Town Clerk’s Department mails out annual disclosure statements in
February that must be returned by April 30th. The disclosure statements are a public record and
are filed in the office of the Town Clerk.
7.03 Liability
The Town must always approach its responsibilities in a manner that reduces risk to all
involved. Nevertheless, with such a wide variety of high-profile services (i.e., parks, roads, land
use), risk cannot be eliminated. To better manage insurance and risk, the Town participates in
risk- and loss-control activities.
It is important to note that violations of certain laws and regulations by individual members
of the Town Board may result in the member being personally liable for damages which would not
be covered by the Town’s insurance. Examples may include discrimination, harassment, or fraud.
Chapter 28 of the Code of the Town of Ithaca addresses defense and indemnification of
employees and officers.
7.04 Workplace Expectations for Officials
The purpose of establishing workplace expectation for elected and appointed officials is to
create and ensure an ethical environment for the Town of Ithaca. There is an expectation that a
person will be responsible for their actions, respectful of others, and honest. Workplace
expectation standards will provide guidance to officials on the core principles and responsibilities
of good conduct during the performance of their duties. These standards represent guiding
principles and are not intended to anticipate all circumstances and situations that may be
encountered. The exercise of good judgment is expected at all times as officials are subject to
public view during and outside of public meetings.
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If in doubt with regard to appropriate behavior or course of action, officials are strongly
encouraged to seek out guidance from others in the organization such as their peers, the Town
Supervisor, Attorney for the Town, Human Resources Manager or Finance Officer. If an official
suspects a serious breach, they should first talk with the Town Supervisor or Deputy Town
Supervisor and then they should report the breach to the Ethics Board. An official reporting a
breach in good faith is free from reprisal for doing so, even if the reported breach is not confirmed
through investigation. Questions regarding the scope, interpretation, or application of the
expectations should be referred to the Human Resources Manager or Personnel & Organization
Committee.
Responsibility
Behave in a businesslike manner.
Fulfill commitments.
Take ownership and correct errors or omissions, and notify others affected.
Uphold policies, rules, regulations, and laws that govern the Town.
Report unethical or illegal conduct to the appropriate party.
Respect
Be inclusive by appreciating the differences others bring to the organization.
Listen to others’ points of view.
Do not engage in or condone bullying, intimidating, antagonizing, or abusive behavior.
Be respectful of residents, customers, staff and co-officials.
Honesty
Support an environment in which one would feel safe to be open and honest and without fear of
reprisal.
Communicate and behave in an honest and timely manner.
Do not engage in or condone dishonest behavior for personal gain or at the expense of another.
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Chapter 8. Board Compensation, Benefits and Support
8.01 Board Compensation
NYS Town Law, Section 27 provides for payment of a modest honorarium to members of
the Town Board. A seated Town Board may not fix a salary at an amount more than the amount
specified in the published notice of hearing on the preliminary budget. The Town Board
establishes salaries and rates of pay in the annual Town Budget.
The Town Supervisor and Town Board members are paid an annual salary that is paid out
bi-weekly. Planning Board, Zoning Board of Appeals and Conservation Board members receive
pay quarterly or annually based on the number of meetings they attended that quarter or year as
allowed by Town of Ithaca Code, Chapter 20, and Chapter 23.
8.02 Health and Dental Insurance
The Town provides Health Insurance for the employees, retirees, and Town Board
Members. A Town Board member may enroll with the Town’s Health Insurance within 30 days
from taking office or annually during the open enrollment period. A Town Board member is
responsible for 50% of the monthly premium. A Town Supervisor that is considered full time (30
hours per week) is eligible to enroll with the Town’s health insurance at a cost share equal to a
full-time employee working 35 hours per week or more. The Deputy Town Supervisor, if job
sharing with the Town Supervisor 50% or more, is eligible to enroll with Town’s health insurance
at the same cost share as full-time employee working 35 hours per week. The insurance plan
offered to elected officials is the least expensive plan offered by the Town. None of the Town
Board Members are eligible for the Health Insurance Buy Back program. Town Board members
are not eligible for Retiree health insurance coverage.
The Town provides Dental Insurance for the employees, retirees, and Town Board
Members, with all paying 100% of the monthly premium. Town Supervisor and Deputy Town
Supervisor, who is job sharing 50% or more, are also eligible to participate in the Town’s Flexible
Spending Program. Town Supervisor and Deputy Town Supervisor are not eligible for Town
provided Life Insurance.
8.03 Board Expenses
The Town budget includes appropriations for expenses necessary for members to undertake
official Town business. Funding provided includes membership in professional organizations,
attendance at conferences or educational seminars, purchase of publications and office supplies.
Contact the Finance Officer for more information.
8.04 Office Equipment
To enhance Board Members’ service to the community and their ability to communicate
with staff and the public, the Town provides meeting facilities and office equipment for Town
business. For those members of the Town Board who do not own a computer, the Town will
provide a computer on site, with Internet and e-mail capabilities, for Town business use. Town
Board members will be set up with an email account through the Town. While staff will maintain
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Town of Ithaca Board Protocol and Procedures Manual -- 41
those computer applications related to Town affairs, staff cannot provide assistance for personal
computer applications.
The Town’s electronic equipment and information systems are intended for professional
business use in performing the duties of a Town Board Member. Limited personal use may be
permitted if it is incidental, occasional and of short duration. Refer to the Personnel Manual for the
Town’s Information Technology Policy.
8.05 Mail and Deliveries
Members of the Town Board receive mail, pay stubs and other materials that are put in the
inner office mailboxes located in the coffee room at Town Hall. Board Members are encouraged
to check mailboxes often. In addition, Town staff will email material that is time-sensitive to a
member, if necessary.
8.06 Meeting Rooms
There are conference rooms located at Town Hall and the Public Works Facility for Town
related meetings. Use of the conference room located at Town Hall may be scheduled with the
Town Clerk. Use of the conference room located at the Public Works Facility may be scheduled
with the Administrative Assistants at the Public Works Facility.
The meetings rooms can also be used for non-town related business. Contact the Town
Clerk for the Conference Room use policy and application.
8.07 Parking at Town Hall
The parking lot at Town Hall during normal business hours (8am – 4pm) is utilized by
Town staff. Parking spaces have been assigned to a specific staff member or town vehicle. A
space has been designated for Board member use, on a first come first serve basis. Refer to the
Human Resources Manager for more information.
Effect. 5/1/2021
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Town of Ithaca Board Protocol and Procedures Manual -- 42
Chapter 9. Additional Training and Resource Materials
9.01 The Association of Towns of the State of New York
146 State Street, Albany, NY 12207 - [518] 465-7933 FAX [518] 465-0724
www.nytowns.org
The Association is a voluntary, nonpartisan, nonprofit association comprised of all
incorporated towns in New York. The Association:
serves as a resource for information
provides news, reports, and reminders affecting towns
acts as liaison to State agencies
represents the interests of towns before the state legislature
publishes training and information manuals for municipal leaders
9.02 New York State Office of the Comptroller
110 State Street, Albany, NY 12236 [(518) 474-4044]
www.osc.state.ny.us
9.03 New York State Town Clerks Association
www.nystca.com
9.04 New York State Department of State – Division of Local Government
[(518) 473-3355]
www.dos.state.ny.us/lgss/index.htm
9.05 New York State Department of State - Committee on Open Government
[(518) 474-2518]
www.dos.state.ny.us/coog/coogwww.html
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Town of Ithaca Board Protocol and Procedures Manual -- 43
9.06 New York State Unified Court System [(800)COURTNY]
www.nycourts.gov
New York State Unified Court System
Office of Court Administration
25 Beaver Street
New York, NY 10004
9.07 New York State Planning Federation [(518) 270-9855]
www.nypf.org
9.08 Cornell Local Roads Program [(607) 255-8033]
www.clrp.cornell.edu
9.09 Other Reference Materials on File
Other reference materials that may be of interest to the Board are on file with the Town
Clerk. Materials include:
Association’s Town Law Manual
Code of the Town of Ithaca
Personnel and Safety Manual
Adopted Budget
Comprehensive Plan
Capital Improvement Plan
Park and Open Space Plan
New Neighborhood Code
Ithaca Energy Code.
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Town of Ithaca Board Protocol and Procedures Manual -- 44
APPENDIX
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Town of Ithaca Board Protocol and Procedures Manual -- 45
TOWN BUDGET CALENDAR Appendix # 1
1. The Town’s Chief Fiscal Officer
and Finance Officer furnishes
department heads or
administrative units with budget
worksheets.
1. It is recommended that these budget
worksheets be furnished to the units no
later than September 1. The CFO and
Finance Officer have elected to provide
department heads with budget worksheets
not later than July 30th.
2. Submission of estimates to the
CFO and Finance Officer.
2. On or before September 20th
Finance Officer shall prepare estimates for
each administrative unit that fails to submit
detailed estimates (Town Law, section 104)
3. The Town’s CFO and Finance
Officer files a “Tentative
Budget” with the Town Clerk.
3. Not later than September 30th.
(Town Law, section 106)
4. The Town Clerk submits the
“Tentative Budget” to the Town
Board.
4. On or before October 5th
(Town Law, section 106)
5. Revisions may be made by the
Town Board in preparation of the
“Preliminary Budget.”
5. Prior to the public hearing.
(Town Law, section 106)
6. The Town Clerk shall give notice
of a public hearing.
6. At least 5 days prior to public hearings.
(Town Law, section 108)
7. Public Hearing 7. On or before the Thursday immediately
following the general election. The
hearing may be adjourned from day to day
but not beyond November 15th.
(Town Law, section 108)
8. The CFO and Finance Officer
shall make final revisions to the
“Preliminary Budget” as
discussed by the Town Board.
8. After public hearing but prior to adoption.
(Town Law, section 109)
9. Adoption of ”Final Budget.” 9. Not later than November 20th.
(Town Law, section 109)
RESOURCES
Office of The State Comptroller Financial Management Guide
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Town of Ithaca Board Protocol and Procedures Manual -- 46
TOWN CLERK Appendix # 2
TOWN OF ITHACA
DEPARTMENT TOWN OF ITHACA
CLASSIFICATION UNCLASSIFIED
LABOR GRADE ‘P’
APPROVED TB 6/95
REVISED TB 7/01 TB 5/06 TB 7/07 TB 11/09
DISTINGUISHING FEATURES OF THE CLASS: This is a major administrative position responsible for planning,
supervising and directing the operation of the Town Clerk Department. Work is performed in accordance with the
policies of the Town Board and requires considerable exercise of independent judgment especially as it relates to
the administration of Town Law, General Municipal Law, Public Officers Law, Real Property Tax Law, and Town of
Ithaca local laws and ordinances. Town Clerk shall also have such powers and perform such additional duties as
are or may be conferred or imposed upon him/her by law, including Town Law Section 30, and such further duties
as the Town Board may determine, not inconsistent with the law. The Town Clerk is a Town Officer and is
appointed by the Town Board for a two (2) year term commencing the first day of January next succeeding the next
biennial Town election (effective 2-10-1966; TB Resl. 1-10-1966). Attendance at a number of meetings, including
evenings, is required. The Town Clerk is authorized to appoint and terminate staff of the department, and prepares
and monitors the department budget and Town Clerk checking account. Does related work as required.
TYPICAL WORK ACTIVITIES: (Including, but not limited to.)
For a complete description see Town Law, Article 3, section 30, among other NYS laws:
Is custody holder of all records, books and papers of the town as the Records Management Officer and Freedom of
Information officer;
Attends all meetings of the Town Board, acting as clerk thereof, by keeping a complete and accurate record of the
proceedings of each meeting; The Town Clerk has no vote on any matters coming before the board;
Maintains an “Ordinance Book” and enters in such book a copy of each ordinance immediately after adoption by the
Town Board;
Records and indexes all local laws;
Files all documents, oaths of office and all other items to be filed with the town as the filing officer;
Notifies the Town Board of expirations of undertakings {oath of office} filed;
Is recorder of deeds of conveyances with the county clerk and maintains a file for the town;
Maintains record of all moneys received and deposits it into the Town Clerk checking account;
Certifies to the county clerk within 20 days after appointment the names and addresses of all appointed officers,
date of appointment and their term; On or before January 10, the Town Clerk shall file a certificate with the
Department of Audit and Control containing the names of all elected and appointed officers;
Notifies county clerk of vacancies in a town office and within 5 days after filling of a vacancy shall notify the county
clerk and Department of Audit and Control the name and address of the person elected or appointed to fill
the position;
Maintains a signboard at the entrance to the office for the posting of legal notices of the town;
Issues all licenses or permits and collects fees {i.e.: marriage, dog and handicap permits};
Receives liquor licenses and renewals and presents them to the town board for opinion;
Determines personnel requirements and is responsible for the appointment of staff in compliance with state law and
local civil service rules;
Causes claims to be numbered consecutively and abstract prepared; makes claims and abstract available for public
inspection; present claims to town board for auditing; then authorizes and directs town supervisor to pay
the approved audited claims;
Performs additional duties as conferred or imposed by the town board, not inconsistent with law;
Coordinates with General Codes to keep the Code of the Town of Ithaca updated;
Provides professional assistance to citizens and community organizations on matters pertaining to duties and policies
of the Town;
Provides incidental assistance to Town of Ithaca boards, committees and officials;
Administers the receipt of disclosure statements under the Ethics Law;
Maintains good and effective relations with the public;
Aids the Receiver of Taxes in the collection of town and county taxes, water rates, and sewer rentals;
Performs and oversees the transcription of accurate minutes of the Town Board, Planning Board and Zoning Board of
Appeals;
Prepares meeting information and documentation for board members;
Performs and oversees the advertisements of legal notices for the Town;
Assigns, reviews and evaluates the work of department staff;
Collects fees payable to the town;
Performs statutory duties related to fiscal functions;
Composes routine correspondences and answers information requests;
Performs a variety of clerical tasks including coordinating conference room scheduling. CONTINUED NEXT PAGE
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Town of Ithaca Board Protocol and Procedures Manual -- 47
TOWN CLERK (CONT)
FULL PERFORMANCE KNOWLEDGE, SKILLS, ABILITIES AND PERSONAL CHARACTERISTICS:
Excellent administrative and supervisory skills; therefore, the ability to plan and supervise the work of others;
Working knowledge of personal computers and applicable software;
Working knowledge of electronic records management and indexing;
Ability to establish and maintain productive working relationships with others including residents, other town staff
and board members;
Ability to communicate effectively both orally and in writing;
Ability to follow and understand complex oral and written instructions;
Initiative; integrity; resourcefulness; good judgment; team player;
Ability to apply governmental budgetary principles and practices in preparing the department’s operating budget;
Ability to compose correspondences and reports and maintain records;
Ability to maintain confidentiality;
Knowledge of town municipal government highly desirable;
Shows a commitment to continued professional development;
Physical condition commensurate with the demands of the position;
SUGGESTED MINIMUM QUALIFICATIONS: EITHER:
(a) Graduation from a regionally accredited or New York State registered four year college with a
Bachelors degree in public or business administration or related field and at least two (2) years of supervisory
capacity; OR
(b) Graduation from a regionally accredited or New York State registered two year college with an
Associates degree in public administration or business administration or related field and at least 2 years of full time
paid (or the equivalent part-time and or volunteer) experience in public or business administration, two years of
which must have been in a supervisory capacity; OR
(c) Graduation from High School or a High School equivalency diploma with at least some additional
college level business courses, specialized seminars or workshops, and at least six (6) years of full time paid (or the
equivalent part time and or volunteer) experience in public or business administration, two years of which must have
been in a supervisory capacity; OR
(d) Any equivalent combination of training and experience as described in (a), (b), or (c) above
SPECIAL REQUIREMENTS:
1. Must be a resident of the Town of Ithaca within 9 months of appointment and must maintain status as an elector of
the Town of Ithaca throughout the term of office. (Town Law section 23.)
2. Take and subscribe to the constitutional oath of office, and file such in the Town or County Clerk’s office before
assuming any duties. (Town Law section 25.)
3. Yearly subscribe to and file Ethics Disclosure Statement related to Town of Ithaca Code of Ethics.
4. Execute and file in the County Clerk’s office an official undertaking - a bond guaranteeing the faithful performance
of the office - or approval of the Town Board of the procurement of a blanket undertaking. The Town Board must
approve the form, amount and the sureties on the undertaking.
5. Notary Public license required within 6 months of appointment.
T10.doc 6/96:7/01:4/05: 5/8/06: 7/9/07: 11/09
Correspondence/jobdesc/Townclerk.doc
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Town of Ithaca Board Protocol and Procedures Manual -- 48
TOWN HIGHWAY SUPERINTENDENT / DIRECTOR OF PUBLIC WORKS Appendix # 3
Internal Job Description
TOMPKINS COUNTY
Department TOWN OF ITHACA
Classification UNCLASSIFIED SERVICE
Labor Grade S
Approved TB 1995
Revised TB 7/01,4/05,3/09, 10/19, 3/20
By Town Board
SUGGESTED MINIMUM QUALIFICATIONS:
(A) Graduation from a regionally accredited or New York State registered college or university with a bachelor’s
degree in construction technology, public works, public administration, engineering or a closely related field,
and five years of experience in construction technology, public administration, engineering or public works or
public utility maintenance, or a loosely related field, with at least two years being in a supervisory position; OR
(B) Graduation from a regionally accredited or NYS registered college or university with an associate’s degree in
construction technology, public works, public administration, engineering or a closely related field, and seven
years of experience in construction technology, public administration, engineering or public works or public
utility maintenance, or a loosely related field, with at least two years being in a supervisory position; OR
(C) Graduation from high school or possession of a high school equivalency diploma and ten years of experience
in construction technology, public administration, engineering or public works or public utility maintenance, or a
loosely related field, with at least two years being in a supervisory position; OR
(D) An equivalent combination of training and experience as defined the limits of (A) (B) AND (C) above.
SPECIAL NOTES:
1. Take and subscribe the constitutional oath of office and file such in either the Town or County Clerk’s office,
before assuming duties.
2. The Highway Superintendent is a public officer and therefore must be a citizen of the United States, pursuant to
Section 3.1 of the New York State Public Officers Law.
3. Must be an elector of the Town of Ithaca within nine months of appointment and throughout the appointment.
4. Yearly filing of the Ethics Disclosure Statement related to Town of Ithaca Code of Ethics.
5. Possession of a valid NYS Driver’s license and maintained for the duration of appointment.
6. Responsiveness to Town constituents and Town Board during emergencies and highly pressurized
circumstances. Salaried position. Available for emergency situations.
DISTINGUISHING FEATURES OF THE CLASS: This senior administrative and management position is responsible
for the planning, directing and supervising of all Department of Public Works facilities and functions including but not
limited to highway, water, sewer, parks, trails, preserves, walkways, sidewalks, storm-water, buildings and grounds as
established by Local Law. Work is performed in accordance with the policies of the Town Board and includes other
duties and powers as may be conferred by Town Law, General Municipal Law, and Public Officers Law or the rules and
regulations of the Department of Transportation including the powers and duties exercised or performed by Highway
Superintendents. The Highway Superintendent shall have the duties and powers conferred upon him/her by law,
including Town Law Section 32 and Highway Law section 140. The Town Highway Superintendent also serves as the
Director of Public Works. Position requires considerable exercise of independent judgement. The Town Highway
Superintendent/Director of Public Works has the responsibility for hiring, supervising, and discharging all employees of
the department. Attendance at night meetings required. Town Highway Superintendent/Director of Public Works is a
Town Officer and is appointed by the Town Board for a term commencing the first day of January next succeeding the
next biennial town election (effective 1-1-1960; TB Resl. 5-7-1959). Incumbent does related work as assigned.
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Town of Ithaca Board Protocol and Procedures Manual -- 49
TYPICAL WORK ACTIVITIES: (examples, but not limited to)
Assumes responsibilities for general administration and supervision of the Department of Public Works, including but
not limited to, personnel, office management, budget coordination, purchasing and fixed assets;
Manages all Public Works personnel functions including, but not limited to; adhering to collective bargaining
agreements and managing labor relations matters, staff training and development, reviewing and approving
work product, conducting and reviewing performance evaluations, recommending positions, making hiring and
promotion decisions, and handling employee discipline issues, all in compliance with state and local civil service
laws, Town’s Diversity and Inclusion Statement and in coordination with the Town Board and Human
Resources;
Develops, recommends and implements policy initiatives and changes in line with Town Board priorities such as
emergency management, sustainability and carbon reduction initiatives;
Reviews and inspects staff work and field operations, identifying and implementing changes and improvements;
Coordinates with Deputy Highway Superintendent, Parks Maintenance Manager and Water & Sewer Maintenance
Supervisor in the planning, scheduling and completion of short and long term projects;
Prepares and maintains annual department budget according to the town board guidelines and Town Law;
Collaborates with Director of Engineering regarding Public Works issues such as appointment of technical staff,
technical issues, and Road Use Agreements;
Collaboration with the Director of Engineering in the development of the Town’s capital improvement program and
projects for approval;
Collaborates with all Town department supervisors to oversee the day to day operations of the Town;
Coordinates joint projects with other departments, governments, residents, and agencies;
Collaborates with other governments or agencies on water, sewer and other intermunicipal shared services
agreements;
Provides leadership in maintaining good and effective staff and public relations;
Responds to inquiries and interacts with constituents, contractors and developers on matters related to the Department
of Public Works;
Collects all penalties as prescribed by Town Law, Town of Ithaca Local Laws and Ordinances related to the department;
Maintains and is responsible for the department petty cash fund;
Brings action in the name of the town against any person or corporation to sustain the rights of the public according to
law;
Provides technical assistance to the Town Board and other boards, committees, officials and staff from other
departments;
Monitors compliance with federal, state and town laws, regulations, codes and policies;
Acts as the Town Safety Officer and Co-chairs Town’s Safety Committee;
FULL PERFORMANCE KNOWLEDGE, SKILLS, ABILITIES AND PERSONAL CHARACTERISTICS:
Thorough knowledge of the practices, techniques, tools, equipment, materials and safety precautions of highway
construction, snow removal, maintenance and repair of roads, parks, water, sewer, stormwater, and facilities;
Working knowledge of the operations and abilities of heavy equipment operations, mechanics and construction;
Good knowledge of the modern methods and principles of construction and maintenance of public works items;
Ability to plan, organize and coordinate complex and diverse phases of public works project and programs;
Ability to prepare operating budgets, schedules and reports;
Ability to compose correspondences, reports, and maintain records;
Working knowledge of governmental organization and budgetary procedures;
Good knowledge and use of personal computers;
Knowledge of federal, state, and town laws, regulations, and ordinances;
Ability to supervise and direct the work of others creating a strong leadership environment that is inclusive of all;
Ability to read and interpret engineering plans and specification;
Ability to establish and maintain effective working relationships with other public officials, contractors, engineers,
architects, lawyers and the general public;
Ability to be firm, tactful, courteous and use good judgment;
Ability to communicate effectively, orally and in writing;
Ability to understand and carry out complex oral and written instructions;
Ability to maintain confidentiality;
Possession of high professional standards, integrity and honesty;
Physical condition commensurate with the demands of the position.
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Town of Ithaca Board Protocol and Procedures Manual -- 50
Appendix # 4
TOWN OF ITHACA
Rules of Conduct at Public Meetings
Rules for Public Comments
Section 1 - Purpose and Scope:
The Town of Ithaca’s Town Board, Planning Board and Zoning Board of Appeals adopts this
policy to outline the rules for public conduct and public comments at their meetings.
Section 2 - Photographing, Recording and/or Broadcasting Public Portions of Uses:
Please see the Town’s Rules for Public Access and Uses of Town Meeting Rooms.
Section 3 - Conduct at a Public Meeting:
Attendees must not disrupt the ability of any other attendees and the Board members to
observe and listen to the proceedings or interfere with the ability of the Board members to
deliberate on matters before them. Disruptive behavior will not be tolerated. Disruptive
behavior may include, among other things, abusive or obscene language/gestures/images, the
making of unreasonable noise, or threatening behavior. Except as specified in the next
paragraph, the Presiding Officer will give one warning. If the behavior continues, the Presiding
Officer may ask the individual to leave the premises (if the individual attends in person) or
may have the individual disconnected from the meeting (if the individual attends virtually). If
such individual is attending the meeting in person and refuses to leave, the Presiding Officer
may ask the individual to be removed from the meeting room.
For those using or displaying abusive or obscene language/gestures/images or engaging in
threatening behavior, no warning is necessary before the Presiding Officer may ask the
individual to leave the premises (if the individual attends in person) or has the individual
disconnected from the meeting (if the individual attends virtually).
Signs/banners of up to four (4) sq ft in size are permitted. To mitigate obstructing other
attendees, they:
1. Must be kept below shoulder height when seated but are permitted higher if the holder
is standing in the back of the room with no one behind them.
2.Can not be waved, shaken, or moved in such a way as to distract Board members,
speakers or attendees; attendees must refrain from snapping fingers or using other
distracting methods that attempt to draw attention to a sign or banner.
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Town of Ithaca Board Protocol and Procedures Manual -- 51
Section 4 - Public Meetings of the Town – Persons to be Heard and Public Hearings:
Not all public meetings have a “Persons to be Heard” or a “Public Hearing” agenda item.
Public Hearings are a legal requirement associated with certain actions where the public has
an opportunity to comment on the specific proposed action during that specific public hearing.
Each action requiring a public hearing will have its own comment period. Comments must be
made under the specified public hearing comment period.
Persons to be Heard is a comment period for general comments not associated with actions
that have a Public Hearing and are at the discretion of the Presiding Officer.
1. You may give your name and/or address, but it is not required because there may be
security concerns for certain individuals about revealing such information, and
nonresidents may own property in the Town, own or manage a business in the Town, or
have other significant interests in the actions of the Town. All comments are welcome.
There is no sign-up sheet; simply raise your hand in person or virtually and the Presiding
Officer will call on you.
2. Public Hearings comments and Persons to be Heard comments may be limited to three (3)
minutes per speaker at the discretion of the Presiding Officer. Time cannot be transferred
from one person to another to increase another’s time allotment. The Presiding Officer has
discretion to determine whether persons who have already spoken during a Public Hearing
or a Persons to be Heard comment period may speak more than once about the same
agenda item or issue.
3. All comments should be made to the Board members and not to the applicants or other
attendees. This is not a back-and-forth interaction. Answers to questions may not be given
at that time but are heard by the Board members and may be addressed later at their
discretion. In some instances, Board members may ask a clarifying question of a speaker.
4. “Applicants” include owners and any of their agents/associated representatives and are
not considered “the public.” Applicants address the Members to give an overview and/or
details of the project/action and are then available for questions from the Members before
and after any associated Public Hearing and public comment period. Only Members may
address Applicants.
5. All virtual attendees are muted upon entry and after speaking. The Chat function is
disabled. To reduce screen clutter and distractions on the ZOOM application, the Clerk
may turn off the video feed of any attendee after they have addressed the Members. To
speak again under another Public Hearing or comment period, simply turn your video feed
back on and raise your hand physically or through use of the hand-raised icon.
6. Where possible, meetings of the Town Board, Planning Board, and Zoning Board of
Appeals are broadcast live via YouTube.com @TownofithacaVideo for your convenience.
Virtual attendees are encouraged to move to that platform after speaking if they wish to
watch the rest of the meeting.
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Town of Ithaca Board Protocol and Procedures Manual -- 52
RULES OF ORDER AT A GLANCE Appendix # 5
Below are some motions you might make, how to make them and what to expect of the rules.
To do this: You may say this: Do you need
a second?
Is it debatable? Can it be
amended?
Adjourn
meeting
“I move to adjourn.” Yes No No
Table a motion
(Temporarily
suspend
consideration of
an issue.)
“I move to table the
motion.”
Yes No No
End debate “I move the
question.”
Yes No No
Postpone
discussion
“I move to postpone
the discussion
until…”
Yes Yes Yes
Refer to
committee
“I move to refer the
matter to committee.”
Yes Yes Yes
Amend a
motion
“I move to amend the
motion by…”
Yes Yes Yes
Kill main
motion
“I move that the
motion be postponed
indefinitely.”
Yes Yes No
Introduce a
matter
“I move that [to]…” Yes Yes Yes
Enforce the
rules
“Point of Order”
No No No
Take from the
table
“I move to take from
the table….”
Yes No No
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Town of Ithaca Board Protocol and Procedures Manual -- 53
BOARDS/COMMITTEES APPENDIX # 6
ELECTED OFFICIALS
Town Board
Town Justices
OTHER BOARDS
Planning Board
Zoning Board of Appeals
Conservation Board
Ethics Board
Records Management Advisory Board
TOWN COMMITTEES
Agriculture Committee
Budget Committee
Codes and Ordinances Committee
Employee Relations Committee
Personnel and Organization Committee
Planning Committee
Public Works Committee
Safety Committee
INTERMUNICIPAL BOARDS/COMMITTEES
Cayuga Lake Watershed Management Plan Intermunicipal Organization
Cayuga Medical Center
Community Housing Development Fund (CHDF) Program
Greater Tompkins County Municipal Health Insurance Consortium
Ithaca Board of Fire Commissioners
Ithaca College Community Work Group
Ithaca- Tompkins County Transportation Council (ITCTC)
Cable Access Oversight Committee
Recreation Partnership Board
Southern Cayuga Lake Intermunicipal Water Commission - Bolton Point
Special Joint Committee of the Ithaca Area Wastewater Treatment Facility
Tompkins County Environmental Management Council
Tompkins County Joint Youth Commission
Tompkins County Council of Governments
Tompkins County Youth Board
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Town of Ithaca Board Protocol and Procedures Manual -- 54
Chapter 32, ETHICS, CODE OF APPENDIX # 7
[HISTORY: Adopted by the Town Board of the Town of Ithaca 1-13-1992 by L.L. No. 4-1992. Amendments noted
where applicable.]
GENERAL REFERENCES
Defense and indemnification -- See Ch. 28.
§ 32-1. Purpose; effect on statutory provisions.
A. The purpose of this chapter is to establish minimum standards of conduct to help ensure that the business of
government is free from improper influence that may result in opportunities for private gain. The Town of Ithaca
recognizes that public officials must exercise their official duties solely in the public interest, and must avoid even the
appearance of conflict of interest. The standards and guidelines set forth in this chapter are intended to minimize
unwarranted suspicion and to avoid potential conflicts of interest before they arise. Notwithstanding any specific
omissions in this chapter, it is the responsibility of public officials to come forth with information regarding personal
involvement in matters before the Town and to avoid associations or actions that may interfere with the proper
discharge of their public duties.
B. The rules of ethical conduct of this chapter shall not conflict with but shall be in addition to those of §§ 810
through 813 of the General Municipal Law and any other general or specific law relating to ethical conduct and
interest in contracts of municipal officers and employees. However, to the extent the provisions of this chapter conflict
with the provisions of §§ 810 through 813 of the General Municipal Law regarding the filing of disclosure statements
and the materials to be disclosed, it is intended that the provisions of this chapter shall supersede the analogous
provisions of the General Municipal Law.
§ 32-2. Applicability.
A. Unless otherwise specified, this chapter shall apply to all elected and appointed officials (hereinafter referred
to as "officials") and department heads ("employees") of the Town of Ithaca ("Town"), including the Town Board
(specifically including the Supervisor), Planning Board, Zoning Board of Appeals, advisory boards, and any
committees and subcommittees thereof; the Town Clerk, Receiver of Taxes, Highway Superintendent, Town Engineer,
Town Planner, Zoning Officer/Building Inspector, and Town Attorney (whether paid as a Town employee or retained
under separate contract or agreement).EN
B. For purposes of this chapter, "family" shall include an official's or employee's spouse or equivalent member
of a household sharing living expenses, and any of the following, if residing with the official or employee: child,
stepchild, brother, sister, parent, dependent.
§ 32-3. Annual disclosure.
A. Applicability. With the exception of members of citizens' advisory boards, this section shall apply to all Town
officials and employees as defined in § 32-2. Said individuals shall file with the Town Clerk a signed disclosure
statement:
(1) Within 120 days of the effective date of this chapter;
(2) By April 30 of each year thereafter; and
(3) Within 30 days of a significant change in the information already on file, specifically including, but not
limited to, the acquisition of any real property (as described below).
B. Such disclosure statements shall be kept on file as public record by the Town Clerk. Public notice of the
existence and availability of such file shall be made annually:
(1) By legal notice in the newspaper of record;
(2) By announcement by the Town Supervisor at the May Town Board meeting;
(3) By notice in the first Town newsletter following the April 30 filing date;
(4) By posting of notice conspicuously in Town Hall.
C. Matters to be disclosed shall include holdings or associations with any or all of the following within the
twelve-month period up to and including the time of filing:
(1) The location of any real property within the Town of Ithaca and outside the Town contiguous to its
immediate boundaries, in which the official or employee or his or her family, has whole or part ownership or any
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Town of Ithaca Board Protocol and Procedures Manual -- 55
other significant financial interest [for this purpose, a "significant financial interest" shall mean an ownership
interest of more than 10% or a security interest in the property (such as a mortgagee) of more than $100,000];
(2) The name of any partnership or unincorporated business (located in the State of New York or which
does business in the State of New York) or unincorporated association (which does business with the Town of
Ithaca), of which the official or employee or family member is a member, officer, or employee or has a
significant proprietary interest (for this purpose a "significant proprietary interest" is an ownership interest of
more than 10%), and a description of the nature (position, duties) of their affiliation; [Amended 9-12-1994 by
L.L. No. 6-1994]
(3) The name of any corporation organized for profit (located in the State of New York or which does
business in the State of New York) or organized not for profit (which does business with the Town of Ithaca) of
which the official or employee or family member is an officer, director, or employee, or owns or controls,
individually or in combination, more than 10% of the outstanding stock, and a description of the nature (position,
duties) of their affiliation; [Amended 9-12-1994 by L.L. No. 6-1994]
(4) The nature of any self-employment from which the official or employee or a family member has
derived gross income of more than $5,000 during the previous 12 months.
D. If an official or employee practices law, is licensed by the New York State Department of State as a real
estate broker or agent, practices a profession licensed by the New York State Department of Education, or is involved
in a corporation or business described in Subsection C above, the disclosure statement shall include a general
description of the principal subject matters undertaken in the stated practice, including the nature of the clients'
businesses. This disclosure shall not include the names of individual clients.
E. Interest in any contract held with the Town.
§ 32-4. Gifts.
A. Officials, employees, their spouse/equivalents, or any person or entity acting on their behalf may not solicit or
accept monetary gifts or loans of any amount or promise thereof, or any gift, including services, entertainment, thing,
or promise thereof, having a value of $75 or more, from any person or agent of a person, corporation, partnership,
unincorporated association or other entity who the official or employee knows is considering or has had, within the
previous 12 months, any business dealing with the Town of Ithaca that involves any discretionary act by the official or
employee.
B. Refreshments or meals that are provided as part of an informational presentation in a group setting or as part
of a reception shall not be considered gifts under this section.
§ 32-5. Confidentiality.
Except as required by law, officials and employees may not disclose confidential information acquired during the
course of their official duties or use such information to further their personal interests or the personal interest of their
families.
§ 32-6. Conflict of interest prohibited.
A. Other than acting solely on behalf of himself/herself, no official or employee may act as a representative
before the Town for any entity, including boards and commissions on which the official or employee has represented
the Town, that has a business dealing, including requests for rezoning, variances, legislation, bids on contracts, or any
other matter before the Town during his or her term of office or employment with the Town. In cases in which an
official or employee represents himself or herself on a matter before the Town, he or she will refrain from voting or
otherwise taking discretionary action on the matter, as provided in § 32-7 of this chapter.
B. For a period of four years after termination of his or her term of office or employment with the Town, other
than acting solely on behalf of himself/herself, no former official or employee may appear before the Town, including
boards and commissions on which the official or employee has represented the Town, in relation to any matter upon
which he or she took any discretionary action during his or her term of office or employment with the Town, unless
requested to provide information by the Town.
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C. A Town official shall exercise due diligence in avoiding conflict of interest when voting on matters brought
before the Town by entities with whom the official is employed as a non-officer. Any action that could reasonably be
interpreted as potentially benefiting the official's career advancement, salary, or standing within an organization (e.g.,
a vote on a matter that falls within the official's direct purview as an employee of the entity appearing before the
Town) shall be deemed a conflict of interest and subject to the provisions of § 32-7 of this chapter.
§ 32-7. Recusal from voting or other discretionary act. [Amended 7-12-1993 by L.L. No. 6-1993]
A. Definitions. For purposes of this section the following definitions shall apply to acts under this section:
CONTRACT -- Any claim, account or demand against or agreement with a municipality, express or implied, and
shall include the designation of a depository of public funds and the designation of a newspaper, including but not
limited to, an official newspaper, for the publication of any notice, resolution, ordinance, or other proceeding where
such publication is required or authorized by law. "Contract" shall also include, for the purposes of this section, an
approval or denial of a rezoning, subdivision, or variance, and shall also include a determination of environmental
significance.
INTEREST -- A direct or indirect pecuniary or material benefit accruing to a Town of Ithaca officer or employee as a
result of a contract with the Town which such officer or employee serves. For the purposes of this section a Town of
Ithaca officer or employee shall be deemed to have an interest in the contract of:
(1) His/her spouse, minor children and dependents;
(2) A person, business, or other entity who has given campaign contributions of more than $1,000 in the
aggregate during the official's last political election;
(3) Business partners, or a business, association, or other entity of which the official or employee is an
owner, partner, officer, director, or significant shareholder as described in § 32-3 of this chapter; and
(4) A person, business, partnership, corporation, or other entity who is represented in a professional
capacity (such as attorney-client or real estate broker - customer) by the official or employee or by any business,
partnership, corporation or other entity of which the official or employee is an owner, partner, officer, director or
significant shareholder as described in § 32-3 of this chapter.
B. Prohibited actions. Whenever an official or employee is called upon to vote on, advise on, or otherwise take
discretionary action on a contract before the Town in which the officer or employee has an interest, the officer or
employee shall immediately declare the nature of the interest and shall refrain from taking any action or inaction that
would affect the outcome of the matter. Such declaration shall be made a part of the public record concerning the
matter.
C. Interpretation. All instances involving the appropriateness of abstention from discussion and voting by a
member of a Board by virtue of Subsection B above may be referred to the Ethics Board, who will render an opinion
on the propriety of such voting within 30 days. Such interpretive opinion may be requested by any member of the
Board.
D. Whenever any Board member becomes aware of a possible vote in conflict with Subsection B above
involving such Board member or any other Board member, he or she may raise the issue at the meeting and request the
matter be referred to the Ethics Board hereafter created.
§ 32-8. Land speculation.
A. Large-scale land speculation by Town officials who are members of the Town Board, Planning Board, or
Zoning Board of Appeals may be perceived as an abuse of the privilege of office. For example it is recommended that
during his or her term of office and for a period of 12 months thereafter, such official, his or her spouse/equivalent,
and his or her business or other entity of which the official or spouse/equivalent is an owner, partner, officer, director,
or holder of controlling interest, shall not acquire real property, or any financial or development interest in real
property, of more than a total of 25 acres zoned residential, or more than five acres zoned commercial anywhere in the
Town of Ithaca or its contiguous boundaries, for purposes other than the official's primary residence. Land purchased
in an agricultural district for agricultural use is excluded from this recommendation. A failure to comply with this
section shall not be a violation of this chapter.
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B. During his or her term of office, no member of the Town Board, Planning Board, or Zoning Board of Appeals
or his or her spouse/equivalent shall enter into a business relationship with any other member of said Boards for the
purpose of buying, selling, developing, or holding real property in the Town of Ithaca or outside the Town contiguous
to its immediate boundaries.
§ 32-9. Inducement of violations.
Any person who intentionally induces any official or employee to take any action or refrain from taking any action,
which action or inaction violates any provision of this chapter, shall be guilty of a Class A misdemeanor, and shall be
barred from doing business with the Town of Ithaca for a period of five years.
§ 32-10. Claims against Town.
Nothing herein shall be deemed to bar the timely filing by a present or former official or employee of any claim,
demand, or suit against the Town on behalf of him/herself or his/her family arising out of any personal injury or
property damage or for any lawful benefit, or from receiving a municipal service or benefit that is generally available
to the public.
§ 32-11. Establishment of Local Ethics Board.
A. Pursuant to the provisions of §§ 810 through 813 of the General Municipal Law, as amended, the Town of
Ithaca does hereby establish a local Ethics Board of five persons to review the annual disclosures and conflict of
interest disclosures and cause copies of both to be filed with the Temporary State Commission on Local Government
Ethics; to review annually this Code of Ethics and recommend to the Town Board any changes which it deems
appropriate; to render advisory opinions on any matter of ethical conduct of Town officials and employees, on its own
initiative or at the written request of any Town Board, official, employee, or private citizen. The Ethics Board shall
have the power to conduct investigations, refer cases to the Town Board for consideration of whether to commence
criminal prosecution, or to commence suit in the Supreme Court of the State of New York on behalf of the Town for
injunctive relief to enjoin a violation or compel compliance with this chapter. The Ethics Board may establish rules for
its own operations, but whether included or not, the following procedures shall pertain to its activities:
(1) The Ethics Board shall state in writing the disposition of every request for opinion and every
investigation it conducts, and the reasons for the disposition. All such statements and written requests shall be
kept on file as public record.
(2) Any changes in this chapter that are recommended by the Ethics Board shall, to the extent
reasonably possible consistent with the other responsibilities of the Town Board, be discussed and acted upon by
the Town Board in open session at a regular meeting within two months of the issuance of the recommendations.
Any amendments to this chapter must be filed within 30 days with the Temporary State Commission on Local
Government Ethics.
(3) The Town Board may make available to the Ethics Board such meeting space, clerical support, and
expense reimbursement as the Town Board, in its discretion and consistent with budgetary constraints, deems
advisable.
(4) The Ethics Board may not conduct investigations of itself or any of its members. Complaints against
any member of the Ethics Board shall be made to the Temporary State Commission on Local Government Ethics.
B. Appointment and removal.
(1) Members of the Ethics Board shall be appointed by the Town Board of the Town of Ithaca and may
be nominated by any member of the public.
(2) Ethics Board members may be removed by the Town Board for reasons of gross misconduct,
substantial neglect of duty, or inability to perform the duties of office, or upon recommendation by the
Temporary State Commission on Local Government Ethics.
C. Term of office. The term of office of Ethics Board members shall be five years, except that for the first five
appointees, terms shall expire on December 31 of the year in which the Board was created, and of the first, second,
third, and fourth year thereafter, respectively. No member shall serve more than two consecutive terms.
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D. Qualifications.
(1) Members of the Ethics Board shall be chosen from among Tompkins County residents.
(2) No Ethics Board member shall hold office in any political party; for this purpose membership on a
town, county, state, or national party committee shall not be deemed to be holding office in a political party;
provided, however, that any person who is a chairperson, vice chairperson, secretary, treasurer, or the holder of
any similar office in a town, county, state, or national party committee shall be deemed to be holding office in a
political party. [Amended 10-5-1992 by L.L. No. 21-1992]
(3) No more than two Ethics Board members may be from the same political party.
(4) From the period of 12 months prior to appointment throughout his or her term of office, no Ethics
Board member or member of his or her family shall hold elected or any other appointed office or employment
with the Town of Ithaca, except as a member of a citizens' advisory board.
(5) From the period of 12 months prior to appointment throughout his or her term of office, no Ethics
Board member shall be a party to any proceeding before the Town of Ithaca or have business dealings with the
Town of Ithaca other than normal, routine, ministerial requests such as applications for building permits,
certificates of occupancy, marriage licenses, or other similar ministerial matters.
(6) Members of the Ethics Board shall be subject to the provisions of this chapter.
§ 32-12. Distribution of Code of Ethics.
A. Within 10 days of this chapter's enactment, the Town Clerk shall post a copy of this chapter conspicuously
and permanently in the Town Hall in a manner allowing public perusal of its provisions. Copies of the law shall also
be made available by the Town Clerk to members of the public upon request under provisions of the Freedom of
Information Law.
B. Within 30 days of this chapter's enactment, the Town Clerk shall distribute a copy of this chapter to all
officials and employees identified in §§ 32-2 and 32-3. Each official and employee elected or appointed thereafter
shall be given a copy of this chapter before entering upon the duties of his or her office.
C. The Town Clerk shall distribute copies of this chapter to the members of the Ethics Board upon their taking
office.
§ 32-13. Penalties for offenses.
Violation of this chapter will be a Class A misdemeanor subject to the penalties provided in § 813 of the General
Municipal Law, including forfeiture of office or employment and liability for all damages and fines. Penalties include
a civil penalty not to exceed $10,000 for knowingly and willfully failing to file a financial disclosure statement or for
knowingly and willfully making a false statement with intent to deceive. Notwithstanding the foregoing, a person
subject to this chapter found for the first time to be in violation of its terms by reason of failing to file or make a
required disclosure statement shall be subject to a maximum civil penalty of $500 or a maximum criminal fine of
$500. Any such person found for the second time to be in violation of the terms of this chapter by reason of failing to
file or make a required disclosure statement shall be subject to a maximum civil penalty of $1,000 or a maximum
criminal fine of not more than $1,000. The third and any succeeding such violations shall be subject to the penalties set
forth in the first sentence of this section.
§ 32-14. When effective.
This chapter shall take effect immediately after it has been filed with the New York State Temporary Commission on
Local Government Ethics.
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Glossary of Terms
Abstract: listing of vouchers with name of claimant, amount allowed and the fund and
appropriation account chargeable
Adjourn: to end the meeting
Agenda: a summarization of items scheduled to be heard and acted upon at a public meeting
Amend: to change a motion
Board packet: a compilation of the meeting’s agenda and supporting materials to be considered by
the Town Board at the next Town Board meeting.
Conflict of interest: exists when a Board Member may have a financial interest in, or may
materially benefit from, the outcome of a Board action (see Town Code Sections 32-6 and
32-7). When a conflict of interest exists, a Town official must declare such and refrain from
participating in or influencing the discussion or vote on the item
Consent agenda: a listing of routine or non-controversial items presented to Board for their
collective approval
Decorum: behavior that is conducive to carrying on debate in a smooth and orderly manner.
Local Law: a local law is a legislative action by the Town Board. Local laws are adopted under
home rule authority, which is given to towns by the New York State Constitution and
implemented by the New York Municipal Home Rule Law and Statute of Local
Governments. Home rule authority enables a town to enact local laws pertaining to a broad
array of subject matters, not just those specifically delineated by the New York State
legislature. A town may also supersede certain provisions of state law by local law. Local
law has the same prestige and carries the same weight and authority as a state statute enacted
by the State Legislature.
Main motion: introduces an item of business to the Board for its consideration. A main motion
cannot be made when another motion is before the Board. A main motion yields to
privileged, subsidiary and incidental motions
Majority: four (4) board members of a seven (7) member board
Miscellaneous motions: not conveniently classified as subsidiary, incidental, or privileged, but
which are commonly used. These include: (1) take from the table; (2) reconsider; and (3)
rescind
Motion: a proposal that the Board take a stand or take an action on some issue
Municipal code: a compilation of all local laws and ordinances currently in effect in the Town.
The Town Clerk maintains the municipal code book.
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Ordinance: a legislative action by the Town Board that is specifically authorized by a New York
State statute. The types of subject matters that a Town can address by ordinance are more
restricted than those that can be addressed by local law. In addition, a town does not have
the ability to supersede state law by ordinance.
Quorum: the number of members that must be present for the meeting to be called to order and to
conduct business legally. A quorum of the Ithaca Town Board consists of four members.
Resolution: a formal expression of intent or public policy of the Town
Rules of Order: a set of rules for conduct at meetings. It allows everyone to be heard and to make
decisions without confusion.
Second: a verbal signal from a member that he or she wishes to consider a motion just made
Special meeting: a non-regularly scheduled public meeting of the Town Board held to act on an
item(s) requiring immediate consideration.
Super Majority: 5 board members
Voting: the means by which motions are accepted or rejected by the Town Board