5. Resolution No. 37

Amending The Rules Of Order Of The Ulster County Legislature

Resolution Information

Status: 
Adopted

RESOLUTION TEXT +-

Print

Referred to: The Laws and Rules, Governmental Services Committee (Chairman

Richard Parete and Legislators Donaldson, Greene, Roberts, and Ronk)

Chairman John Parete offers the following:

WHEREAS, the Ulster County Legislature considers and evaluates all

proposed legislation through a committee system; and

WHEREAS, Committees are responsible to complete a thorough examination

and full vetting of proposals to ensure completeness, fairness and benefit to the

County and its residents before said proposals are presented to the full Legislative

body for vote; and

WHEREAS, it is necessary to amend the Rules of Order of the Ulster County

Legislature to prevent “committee shopping” or intentionally directing legislation

toward a particular committee, or preventing the referral of legislation to a specific

committee; and

WHEREAS, there is a distinct and purposeful difference between a Legislator

voting “No” on proposed legislation because he or she feels the proposal is lacking in

some way and should not be advanced to the full Legislature for a vote versus voting

“No” to defeat the measure; and

WHEREAS, it is necessary to amend the Rules of Order of the Ulster County

Legislature to prevent a Committee from postponing a resolution indefinitely,

thereby circumventing the spirit of the Rules and disallowing a vote by the full

Legislative Body; now, therefore, be it

RESOLVED, that RULE 3. RESOLUTIONS, LOCAL LAWS, RULES FOR

PROCEDURE FOR PRESENTATION AND CONSIDERATION; C. Procedure for

the submission and consideration of Resolutions in Committee.; 1 is hereby amended

as follows:

“1. Introduction: A Legislator or Legislators together may introduce a

Resolution by drafting or causing the same to be drafted and filing the same with the

Clerk of the Legislature. The Sponsors shall be deemed those representing

themselves as the sponsors when the Resolution is filed with the Clerk (one

Legislator may represent to the Clerk that multiple Legislators are sponsors). Other

Legislators may co-sponsor the Resolution by asking the Sponsor or Clerk to add

their name to the Resolution as a Co-Sponsor. The Clerk shall refer the Resolution

to a Committee of Original Jurisdiction based on the Rules of the Legislature and

may also refer the matter to one or more Committees of Secondary Jurisdiction. The 

 

Sponsor(s) may request that the Clerk refer the Resolution to a particular Committee

of Original Jurisdiction. The referral of Resolutions to committees shall be the

exclusive authority of the Clerk of the Legislature.”; and, be it further

RESOLVED, that RULE 7. RULES FOR COMMITTEES; is hereby amended

as follows:

A. The Rules of Order of the Legislature, except Rules 10(J) and 10(U), shall

apply to all Committee meetings; and, be it further

RESOLVED, that RULE 7. RULES FOR COMMITTEES; is hereby further

amended to include an additional subsection as follows:

“K. No motion shall be considered during a Standing Committee Meeting

except as herein specified:

1. Move for discussion.

2. To adopt.

3. To amend. (Rule 3.C.2. shall apply)

4. To call the question.

5. To refer to a Standing Committee.

6. To postpone to the next Regular Committee Meeting.

7. To withdraw a motion

8. To recess.

9. To adjourn.

All motions listed above, with the exception of numbers 4 and 7, shall require a

second.”; and, be it further

RESOLVED that RULE 7. RULES FOR COMMITTEES is hereby further

amended to include an additional subsection as follows:

“L. A Resolution may not remain in committee for more than 90 consecutive

days unless the Resolution’s sponsor(s) agrees. When a Resolution has remained in

committee for 91 consecutive days without the permission of the sponsor, it shall be

immediately placed on the agenda of the next regular monthly meeting of the

committee where it has remained whereupon the Resolution shall be either moved

out of committee or defeated therein.”; and, be it further

 

RESOLVED, that these Rule changes shall take effect upon an affirmative

vote of this body subsequent to two consecutive readings,

and moves its adoption.

FIRST READING: March 17, 2015

SECOND READING: April 21, 2015

ADOPTED BY THE FOLLOWING VOTE:

AYES: 22 NOES: 0

(Absent: Legislator Wishnick)

Passed Committee: Laws and Rules, Governmental Services as amended on March

16, 2015

FINANCIAL IMPACT:

NONE

STATE OF NEW YORK

 ss:

COUNTY OF ULSTER

I, the undersigned Clerk of the Legislature of the County of Ulster, hereby certify that the foregoing resolution is

the original resolution adopted by the Ulster County Legislature on the 21st Day of April in the year Two Thousand and

Fifteen, and said resolution shall remain on file in the office of said clerk.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 23rd Day of April in

the year Two Thousand and Fifteen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature 

Current Text: PDF

 

Updated: October 27, 2020