ADOPTING THE TEMPORARY RULES OF THE COUNTY LEGISLATURE

RESOLUTION NO. 2026003 RE: ADOPTION OF THE TEMPORARY RULES OF THE DUTCHESS COUNTY LEGISLATURE Legislators VALDES SMITH, ATKINS, and MUNN offer the following and move its adoption: RESOLVED, that the 2024-2025 Rules, as attached hereto, be and they hereby are adopted as the Temporary Rules of the Dutchess County Legislature, effective January 1, 2026. STATE OF NEW YORK sS: COUNTY OF DUTCHESS This is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess, have compared the foregoing resolution with the original resolution now on file in the office of said clerk, and which was adopted by said Legislature on the 5t day of January 2026, and that the same is a true and correct transcript of said original resolution and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Legislature this 5ü day of January 2026. he Shind CLERK OF THE LEGISLATURE Roll Call Sheets District Present: Absent: Vacant: District 16 - Fishkill and Beacon District 9 - City of Poughkeepsie District 20 - Red Hook, Tivoli, and Rhinebeck District 3 - LaGrange District 12 - East Fishkill District 1 - Town of Poughkeepsie District 2 - LaGrange, Pleasant Valley & Town of Poughkeepsie District 4 - Hyde Park and Town of Poughkeepsie District 5 - Town of Poughkeepsie District 6 - Town of Poughkeepsie District 7 - Hyde Park and Pleasant Valley District 8 - City and Town of Poughkeepsie District 10 - City of Poughkeepsie District 11 - Clinton, Pleasant Valley, and Rhinebeck District 13 - East Fishkill and Wappinger District 14 - Wappinger and Town of Poughkeepsie District 15 - Wappinger District 17 - Town and Village of Fishkill District 18 - City of Beacon and Fishkill District 19 - North East, Stanford, Pine Plains, Milan & Red Hook District 21 - East Fishkill District 22 - Beekman and Union Vale District 23 - Pawling, Beekman and East Fishkill District 24 - Dover and Pawling District 25 - Amenia, Washington, Pleasant Valley & Millbrook Resolution: _ Motion: Last Name V YES Valdés Smith Atkins Munn Polasek Metzger Redl Arnoff Lawler Shah Kaul Darrow Brendli Johnson Kearney Giles Winsby Faust McHoul Rhodes Drago Caswell Tresca Rolison House Alexander Total : 25 Yes Abstentions: O NO No 2026003 ADOPTION OF THE TEMPORARY RULES OF THE DUTCHESS COUNTY LEGISLATURE JANUARY 5, 2026 Permanent Rules of the Dutchess County Legislature 2024-2025 CHE S MAMA OUNT SEAL * TABLE OF CONTENTS PAGE Organizational Meeting ... Notice of Organizational Meeting…. Election of Chair.. Appointment of Clerk Appointment of Counsel... Confirmation of Appointments .. Meetings; General Meetings; Regular, Special .. Duties of Clerk Order of Business Roll Call.. Attendance and Quorum ... Powers and Duties of Chair... Privilege of the Floor.. Petitions, Reports, Motions, Resolutions, and Announcements.. Priority of Business... Debate Addressing Chair... Calls to Order.. Members Entitled to Vote. Appeal Decision of Chair.. Vote Required for Adoption of Resolution Effective Date of Resolutions. Power to Amend or Repeal.. Roll Call Vote Withdrawal of Motion.......... Motions Adjournment Moving the Question Postponement of Consideration ... Reference to Committee... 1 2 3 3 3 4 5 6 7 7 8 10 13 13 14 14 15 16 17 17 17 17 18 18 18 19 19 19 Reconsideration.. Minutes of Meeting. Where no Express Rule is Provided State Statute or County Charter Shall Govern.. Amendment to Rules Creation of Committee. Duties and Functions of Committees. Time and Manner of Appointment Committees. Term of Committee Membership Rules of Procedure for Committees Committee Authorized to Accept Help from Non-Members.. Powers and Duties of the Legislature Not Be Delegated Reference to Committees Reference to Special Committee. Resignation from Committee .. Presiding Officer of the Committee of the Whole.. Rules of Committee of the Whole.. Standing Committees: Budget, Finance, and Personnel Environment Family and Human Services.. Government Services and Administration. Public Safety Public Works and Capital Projects .. HHde.........0.. 20 20 21 21 21 21 22 22 22 23 25 25 25 26 26 26 26 27 28 29 29 30 31 ....32 PERMANENT RULES OF THE DUTCHESS COUNTY LEGISLATURE FOR 2024-2025 ARTICLE I ORGANIZATIONAL MEETING OF THE COUNTY LEGISLATURE RULE 1.1 ORGANIZATIONAL MEETING: The Dutchess County Legislature shall annually, by resolution duly adopted during the month of December, fix the date, time, and place of the meeting to organize the board. RULE 1.2 NOTICE OF ORGANIZATIONAL MEETING: The Clerk of the County Legislature shall serve upon each member of the Legislature a written notice stating the date, time, and place of meeting pursuant to Section 151 of the County Law. In the event of a vacancy in the Office of the Clerk of the Legislature, or his/her inability or failure to act in accordance with this provision, notice shall be given by the Deputy Clerk. If the offices of Clerk and Deputy Clerk of the Legislature are vacant, notice shall be given by the County Clerk. RULE 1.3 ELECTION OF CHAIR OF THE LEGISLATURE AND LEADERSHIP: A. A Chair of the County Legislature shall be elected by a roll call vote from the membership of the County Legislature at its Organizational Meeting, or at an adjourned meeting thereof, who shall serve as Chair for the balance of the calendar year. 1 In the event of a vacancy, the County Legislature shall fill the office of Chair in the manner provided by its rules. Should the County Legislature fail to select a Chair within thirty (30) days after the office shall become vacant for any reason, the County Executive shall appoint a member of the County Legislature to serve as its Chair for the balance of the calendar year, as provided in Section 302 (i) of the Dutchess County Charter. B. Prior to the commencement of the Legislative Term, Members of the two political parties which shall have polled the largest vote in the past general election for the County Legislature shall elect leaders of their respective parties. The leader of the political party whose membership constitutes a majority shall be known as Majority Leader; the leader of the other political party shall be known as Minority Leader. The assistant leader of the political party whose membership constitutes a majority shall be known as Assistant Majority Leader; the assistant leader of the other political party shall be known as the Assistant Minority Leader. RULE 1.4 APPOINTMENT OF CLERK OF LEGISLATURE A Clerk of the Legislature shall be appointed by the Legislature at its Organizational Meeting, or at an adjourned meeting thereof, in the manner provided by its rules. The Clerk shall be and remain an elector of the County, and he/she shall serve at the pleasure of the Legislature and until his/her successor shall be appointed and shall qualify. A vacancy in the Office of the Clerk shall be filled by the County Legislature. The Legislature may appoint such Deputy Clerks and employees as it may require. RULE 1.5 APPOINTMENT OF COUNSEL TO THE LEGISLATURE: A Counsel to the Legislature shall be appointed in accordance with the provisions of Section 2.14 of the Dutchess County Charter. RULE 1.6 CONFIRMATION OF APPOINTMENTS: Confirmation of appointment, where required by the Dutchess County Charter, shall be by affirmative roll call vote of a majority of the members of the County Legislature, except that if the Legislature shall fail to act within sixty (60) days after the filing of written notification of appointment with the Clerk of the Legislature such appointment shall be deemed approved. ARTICLE II MEETINGS OF THE LEGISLATURE RULE 2.1 GENERAL PROVISIONS OF MEETINGS: The County Legislature shall, in addition to its Organizational Meeting, hold regular meetings at stated intervals and special meetings as herein provided, all of which shall be public and may be adjourned from time to time. All such meetings shall be held at the Legislative Chambers in the Dutchess County Office Building, City of Poughkeepsie, Dutchess County, New York, and shall begin at the hour specified in these Rules unless a different time and place shall be provided by a motion for adjournment, or by notice of a special meeting. All meetings - regular, adjourned, or special - shall begin with the Pledge of Allegiance to the Flag. The time of convening and adjournment of each meeting shall be recorded in the Proceedings of the County Legislature. 3 RULE 2.2 REGULAR MONTHLY MEETINGS: A. Regular monthly meetings of the County Legislature shall commence at 6:30 pm on the second Monday in each month during the year, except when the second Monday of a month shall fall on a legal holiday, in which case, such regular monthly meeting shall be held on the following day at the same hour and place, except in the month of January when the regular monthly meeting shall be on the fourth Monday of the month. Meetings of the Legislature may be established by resolution at the December meeting for the ensuing year. B. The Clerk of the County Legislature shall serve upon each member of the Legislature electronic notice or if requested written notice stating the date, time, and place of the meeting at least forty- eight (48) hours before the date of the meeting, stating the subject matter of all resolutions, ordinances, and local laws to be voted on at such meeting, except as otherwise provided in Rule 4.5. Such meeting may be postponed for up to 24 hours by the Chair of the Legislature. RULE 2.3 SPECIAL MEETINGS: Special meetings shall be held at the Call of the Clerk or Deputy Clerk of the Legislature upon direction of the Chair or upon written request signed by a majority of the members of the Legislature; notice in writing stating the time, place, and purpose of the special meeting shall be served either personally or by electronic mail upon each legislator's official county email by the Clerk of the Legislature. 4 Such service shall be made at least forty-eight (48) hours in advance of such meeting, upon each member of the Legislature by the Clerk of the Legislature or his/her designee, who is competent to execute service of process in the State of New York. Service either personal or by electronic mail shall be evidenced by a notarized affidavit of service duly executed by the person making service. A member may waive the service of notice of such meeting by a waiver signed by the member. Such meeting may be postponed for up to 24 hours by the Chair of the Legislature. RULE 2.4 DUTIES OF THE CLERK OF THE LEGISLATURE: The Clerk of the Legislature shall keep a record of all acts and proceedings of the Legislature and be the custodian of the records, vouchers and other papers required or authorized by law to be deposited in his/her office. The Clerk's responsibilities will include, but are not limited to, forwarding to all Legislators committee reports and draft minutes of all committee meetings and full Legislature meetings. He/she shall perform such additional and related duties as may be prescribed by law and/ or directed by the County Legislature. ARTICLE III ORDER OF BUSINESS RULE 3.1 ORDER OF BUSINESS: The Order of Business at each meeting of the County Legislature shall be as follows: a) Roll Call by the Clerk of the Legislature; b) Pledge of Allegiance to the Flag, Invocation, and a Moment of' Silent Meditation; Proclamations, Commendations and Presentations; Privilege of the Floor with respect to printed agenda items; (Limited to three minutes) e) Approval of prior month's meeting minutes; Reports of standing committees, special committees, and liaisons to other committees and boards; g) Resolutions 1) Consent Resolutions 2) All Other Resolutions 3) Resolutions for Unanimous Consent; h) Other County business; i) Announcements; (limited to three minutes) j Privilege of the Floor with respect to agenda and non-agenda County business; and k) Adjournment. Condolence resolutions shall be permitted as part of the "adjournment" when they relate to a current or former Dutchess County employee or Dutchess County elected official. 6 ARTICLE IV RULES OF ORDER AND PROCEDURE RULE 4.1 ROLL CALL: The members of the County Legislature shall be called to order by the Chair at every meeting of the Legislature and it shall be the duty of the Clerk of the Legislature to call roll and record names of those members who are present or absent. Any member arriving after the roll call has been completed shall report to the Clerk and shall be recorded "Present, Late." RULE 4.2 ATTENDANCE AND QUORUM: A. A Majority of the whole of the members of the County Legislature shall constitute a quorum for the transaction of business, but a lesser number may adjourn. B. A member of the County Legislature who has answered roll call at any meeting of the Legislature shall not be permitted to absent himself/herself from such meeting without notifying the Clerk. C. Any legislator failing to be properly seated at any regular or special meetings of the Legislature shall be recorded absent by the Clerk. 7 RULE 4.3 POWERS AND DUTIES OF THE CHAIR: A. It shall be the duty of the Chair of the Dutchess County Legislature: a) to become familiar with the property, function, and fiscal affairs of the County; and b) to see that the statutes, local laws and resolutions of the County Legislature and directions of County officers empowered to make the same are faithfully executed and report to the Legislature any neglect of duty; and c) to make recommendations to the County Legislature on legislation and such other matters deemed material and advisable. B. The Chair shall preside at all meetings of the Legislature at which he/she is present; shall preserve order and decorum and in the event of disruption or disorderly conduct in the chamber, gallery, or hallway the Chair may cause the same to be cleared until order is restored; shall decide all questions of order subject to appeal to the Legislature; and shall perform such duties as are provided by Law and these Rules. C. If the Chair fails to appear within fifteen (15) minutes of the time fixed for a meeting of the Legislature, it shall be the duty of the Clerk of the Legislature to call the meeting to order and the Legislative members present, by a majority vote, shall select a member of the Legislature as Chair who shall have and exercise all the duties and powers of the Chair as temporary Chair for said meeting. D. The Chair shall designate a Legislator as acting Chair to preside when the Chair desires to speak from the floor on any pending matter. Such designation shall be effective until the question on the floor is disposed of or the Chair elects to return to the Chair. 8 E. The Chair shall in all cases, have the right to vote, except on appeals to the Legislature from decisions of the Chair; on all other questions, when the vote is equally divided, including the vote of the Chair, the question shall be lost. F. The Chair shall have the power to: a) determine what officers and employees of the Legislative Branch may attend conferences and schools conducted for the betterment of County government. b) perform such other duties as the Legislature may determine to be necessary to give full effect to the provisions of the County Law or these Rules. G. The Chair may declare an emergency and adjourn a regular or special meeting to a date not to exceed seven (7) days beyond the meeting so adjourned. H. After the Organizational Meeting of the Legislature, the Chair shall establish a seating plan. Such plan shall be observed at all regular and special meetings of the Legislature. I. The Chair will notify, in a timely fashion, the sponsors of any resolutions, including those resolutions submitted by the Executive Branch, petitions, reports, or local laws which may have conformed to all other requirements of the Legislative rules but have been pulled by the Chair. This notification will be accompanied by a written explanation from the Chair. RULE 4.4 PRIVILEGE OF THE FLOOR: Persons not members of the County Legislature may, on motion to suspend the rules, be permitted to speak regarding matters pending before the Legislature or in the process of being presented to said Legislature. RULE 4.5 PETITIONS, REPORTS, MOTIONS, RESOLUTIONS AND ANNOUNCEMENTS: A. All petitions, reports, and resolutions shall be reduced to writing, sponsored by at least two members of the Legislature, and filed with the Clerk. B. Any Legislator who wishes to be a sponsor of any resolution shall notify the Clerk, at any time prior to the taking of the vote, and the Clerk with the permission of the sponsors(s) shall add the Legislator's name to the resolution as a sponsor. C. Petitions, reports, and communications may be presented to the County Legislature by the Chair or any member of the Legislature and the same or a summary thereof shall be read by the Clerk. D. All petitions, reports, motions, resolutions, and communications requiring action of a committee shall be referred by the Chair without motion to the committee having in charge matters relating to the same. E. All resolutions, to be presented at a regular, adjourned, or special meeting of the County Legislature shall be filed with the Clerk of the County Legislature not later than 4:45 pm on the resolution deadline date established annually except that this requirement may be waived by the Chair of the Legislature. 10 F. All resolutions amending the adopted budget or directing a capital expenditure must be submitted with a fiscal impact statement. If the chair determines that the estimate or estimates contained in the fiscal impact statement are inaccurate or unsupported by specific budgetary data, such inaccuracies shall impair or invalidate such resolution and such resolution can be pulled by the chair in the same manner set forth in Rule 4.3(I). G. All resolutions authorizing the bonding of expenditures of $500,000 or more shall be presented at a meeting of the relevant Committee no later than seven (7) calendar days prior to the regularly scheduled legislative committee day and copies thereof shall be emailed immediately thereafter to each legislator's official county email. This requirement may be waived by the Chair of the Legislature. H. No resolution except those subject to Rule 4.5 (G) shall be considered by a committee unless the same shall have been emailed to each legislator's official county email at least three (3) calendar days prior to the legislative committee day. This requirement may be waived by the Chair of the Legislature or in his/her absence by the Chair of the relevant Committee. I. A proposed local law may be introduced by a member of the Legislative body at a meeting of the Legislature by laying it on the desks of each Legislator. No such local law shall be passed until it shall have been in its final form and placed upon the desks or tables of the members of the Legislative body at least seven (7) calendar days, exclusive of Sunday, prior to its final passage. 1. As an alternative means of introduction: a. Any member of the Legislative body may introduce a Local Law by mailing copies to each Legislator in a postpaid, 11 properly addressed and securely closed envelope or wrapper in a post box or post office of the United States Post Office, at least ten (10) calendar days, exclusive of Sunday, prior to a meeting of the Legislative body and, at the same time, placing copies in the mailbox of each Legislator at the Legislative office, or b. Any member of the legislative body may e-mail to the official county e-mail in-box of each Legislator in the Portable Document Format (PDF) at least ten calendar days, exclusive of Sunday, prior to its final passage, provided that: (i) the local government has documented that each member of the legislative body has an official county e-mail address, and (i) the local government has published such official county e-mail address on the bulletin board of the local government clerk, and (iii) the legislative body has unanimously adopted a resolution authorizing such electronic delivery. J. The Clerk will notify, in a timely fashion, the sponsors of any resolutions, including those resolutions submitted by the Executive Branch, petitions, reports, or local laws which have conformed to all other requirements of the Legislative rules which have been pulled by the Committee Chair. K. A Consent Agenda may be presented by the Chair of the Legislature at the beginning of a meeting. Any item of business requiring action by the Legislature but considered to be routine or not controversial in nature, may be presented as part of the Consent Agenda. The Consent Agenda shall be introduced by a motion "to approve the Consent Agenda" and shall be considered by the Legislature as a single item. The motion to approve the Consent 12 Agenda is not debatable. Upon objection by any Legislator to inclusion of any item on a Consent Agenda, that item shall be removed from the Consent Agenda. Such objections may be recorded any time prior to the taking of a vote on a motion to approve the Consent Agenda. Any item removed from the Consent Agenda shall be considered as part of all other resolutions portion of the agenda. The approval of motion to approve the Consent Agenda shall be fully equivalent to approval, adoption, or enactment of each such motion or resolution or other item of business thereon, exactly as if each had been acted upon individually. L. The Legislature can discharge from committee a matter that has been referred to it upon which the committee has not reported back to the Legislature, or which has been defeated in committee, by a majority vote of the Legislature as fully constituted, or a majority of those present and voting if previous notice of intent to discharge from said committee is given. M. A memorialization resolution is used to make any statement that asks another government official or body to act or intended to encourage support or opposition to an action by or being considered by another government official or body. Any memorialization shall require at least four sponsors and must have a direct impact on Dutchess County Government and provide a fiscal impact statement and other supporting documentation for such proposed action. Any memorialization to the NYS Legislature or the US Congress must have bill numbers in both houses and the bills must be referred to and attached to the resolution. N. With respect to Rule 3.1 (h) "Announcements", all such innouncements must be submitted to the Clerk of the Legislature by :00 p.m. on the day of the Board Meeting and will be announced by the Clerk. 13 RULE 4.6 PRIORITY OF BUSINESS: All questions relating to the priority of business under the same order of business shall be decided by the Chair without debate. RULE 4.7 WHEN DEBATE IN ORDER: No debate shall be in order until the pending questions shall be stated by the Chair. RULE 4.8 ADDRESSING THE CHAIR: A member rising to debate, to give notice, to make a motion, or report, or to present a petition on other Legislative business, shall address the Chair and shall not proceed until recognized by the Chair. When two or more members rise to speak at the same time, the Chair shall decide and determine which member is entitled to the floor. RULE 4.9 CALLS TO ORDER: If a member shall breach or violate the Rules of the County Legislature or Robert's Rules of Order (newly revised), the Chair shall call him/her to order, in which case the member so called shall yield the floor and observe order and decorum until recognized by the Chair. A point of order can be made by the chair or any member of the Legislature who thinks that the rules of the Legislature are being violated. A point of order takes precedence over any pending question out of which it may arise. It is in order when another has the floor who can be interrupted by a member or the chair making the point of order. A point of order does not require a second. It is not debatable but must be explained, if necessary and with the chair's consent, and must be ruled on by the chair before debate can resume. 14 RULE 4.10 FLOOR MOVEMENT To preserve the order, decorum and security of the Legislature, the floor of the Legislative Chamber will be restricted during meetings to Legislators, Legislature Staff, Countywide Elected Officials, Administration Representatives, Department heads, and those granted permission by the Chair. RULE 4.11 BANNER, SIGNS AND PLACARDS Banners, signs, and placards are disruptive to the deliberative process. Any display of banners, signs, or placards in the Legislative Chambers is prohibited. RULE 4.12 PUBLIC CONDUCT A. All visitors and spectators in the Dutchess County Legislature must be respectful and obey the rules of order promulgated by the Legislature B. Except for during commendations and proclamations applause from the public is prohibited. RULE 4.13 MEMBERS ENTITLED TO VOTE: A. Any member who shall be present when the Chair announces a vote shall vote unless he/she has obtained permission of the chair to abstain. A member who refuses to cast a vote or who does not obtain permission to abstain, shall be deemed to have voted with the prevailing side on the motion. In the event of a tie vote, the vote shall be deemed to be a nay vote. 1. A member may be allowed to abstain from voting aye or nay on the adoption of minutes of legislative meetings that transpired prior to the member's election to the Legislature. 15 2. A member may be allowed to abstain from voting aye or nay on the adoption of minutes of legislative meetings wherein that member was not in attendance. B. A member has the right to change his/her vote up to the time the vote is finally announced by the Clerk. C. A member who declares a conflict or an intent to abstain may not participate in the discussion of the question. A member with an actual conflict as defined in the Dutchess County Code of Ethics shall obtain permission to recuse themselves and shall remove themselves from the Chambers during deliberations. D. Any member who shall leave the Legislative Chambers without permission from the Chair shall be considered an unauthorized absence and they shall be deemed to have voted with the prevailing side on any motion during their unauthorized absence. In the event of a tie vote, the vote will be deemed to be a nay vote. RULE 4.14 APPEAL FROM DECISION OF CHAIR: A. Any member of the Legislature may appeal from any decision of the Chair, except when another appeal is pending, but it can be made only at the time the ruling is made. If any debate or business has intervened, it is too late to appeal. B. When a member wishes to appeal from the decision of the Chair, he/she shall do so as soon as the decision is made, even though another has the floor and without waiting to be recognized by the Chair, saying, "Madame/Mr. Chair, I appeal from the decision of the Chair." If this appeal is seconded, the Chair should clearly state the question at issue and his reasons for the decision if he/she thinks it necessary and then state the question. If there is a tie vote, the Chair is sustained. 16 C. An appeal cannot be debated when related to indecorum, transgression of rules of speaking, priority of business or while the immediately pending question is undebatable. When debatable, no member is allowed to speak more than once except the Chair, who may at the close of the debate answer the arguments against the decision. RULE 4.15 VOTE REQUIRED FOR ADOPTION OF RESOLUTIONS: A. It shall require a majority vote of all members of the Legislature to adopt a resolution; however, any procedural matter may be adopted by a majority of the members present, except where these rules expressly provide to the contrary and where otherwise required by law. B. Once the County Budget in any given fiscal year has been adopted it shall require 2/3 affirmative vote of all members of the Legislature to adopt resolutions authorizing the transfer of funds from any contingency line in the adopted County Budget or from the fund balance. RULE 4.16 EFFECTIVE DATE OF RESOLUTIONS All resolutions shall become effective as provided by law. RULE 4.17 POWER TO AMEND OR REPEAL RESOLUTIONS, ORDINANCES AND LOCAL LAWS: Except as otherwise expressly provided by law or these Rules, the Legislature shall have the power to amend, repeal or supersede any local laws, ordinances or resolutions theretofore adopted. 17 RULE 4.18 ROLL CALL VOTE TAKEN: The roll call vote shall be taken on any questions when required by statute or these Rules, or upon demand by any member of the Legislature at any time prior to stating the next question. RULE 4.19 WITHDRAWAL OF A MOTION: A motion for leave to withdraw a motion may be made by the mover at any time before voting on the question has commenced, even though the motion has been amended and it requires no second. After the question has been stated, it is in possession of the Legislature, and a member can neither withdraw nor modify it without the consent of the Legislature. RULE 4.20 MOTIONS WHEN RECEIVABLE: When a question is under debate, no motion shall be entertained unless: 1) for an adjournment; 2) to lay on the table; 3) for the previous question; 4) to postpone; 5) to refer to a committee; 6) to amend. These motions shall have preference in the order in which they are here stated; the first four motions are neither amendable nor debatable. RULE 4.21 ADJOURNMENT: A motion to adjourn may be made by a member who has the floor; it cannot be made during a roll call or when the Legislature is 18 engaged in voting, and it shall be decided without debate. RULE 4.22 MOVING THE QUESTION: A. The Chair shall not close debate so long as any member who has not exhausted his/her right to debate desires the floor, except by order of the Legislature, which requires a 2/3 majority of those present and voting. B. The form of this motion is "I move (or demand or call for) the question on (here specify the motion on which it is desired to be ordered)." It cannot be debated or amended and must be voted on immediately. When the Legislature shall order the question and amendments are pending, the questions shall first be taken upon such amendments in reverse order and then upon the main question without further debate or amendment. RULE 4.23 POSTPONEMENT OF CONSIDERATION: A. A motion to lay a question on the table shall be decided without amendment or debate. This motion cannot be applied to anything except a question pending. B. A motion to postpone to a day certain or to make the consideration of the question a special order for a day certain shall until it is decided to preclude all amendments to the main question. A question cannot be postponed beyond the next regular session of the Legislature. RULE 4.24 REFERENCE TO COMMITTEE: The motion to commit or refer to a committee shall, until it is decided, preclude all amendments to the main question. 19 RULE 4.25 RECONSIDERATION GENERALLY: No motion for reconsideration shall be in order unless made on the same day, or the meeting, regular or special, next succeeding that on which the decision proposed to be reconsidered took place, it must be made by a member who voted with the prevailing side on the vote of the motion or resolution proposed to be reconsidered. RULE 4.26 MINUTES OF MEETINGS OF THE LEGISLATURE: A. All resolutions, reports of committees of this Legislature, reports of County Officers, notices and communications from State Officers directing the levy of any tax shall be included in the proceedings of the Legislature. B. The minutes of the Clerk shall record the reading of other communications with sufficient description to show their nature and purpose, but they need not be printed in full in the proceedings except upon the order of this Legislature. Public comment shall be included in the minutes, which will include the name of the person who speaks. C. In all cases where a resolution or motion is entered on the minutes the Clerk shall enter the name of the moving members. D. A draft of the previous regular monthly meeting's minutes shall be given to Legislators, either by e-mail or in their mailboxes, no later than five days before the next regularly scheduled monthly meeting. Accepted minutes shall be made available to Legislators no more than seven days after the meeting at which they were accepted. Accepted minutes to the meetings of the County Legislature's committees shall be added to the County Legislature's website separately titled as Committee Meeting Minutes with appropriate 20 date. The same requirements shall apply to the minutes of any special meeting conducted by the Legislature. RULE 4.27 WHERE NO EXPRESS RULE IS PROVIDED: Except as herein otherwise provided, Robert's Rules of Order (newly revised), shall be applicable and shall govern. RULE 4.28 STATE STATUTE OR COUNTY CHARTER SHALL GOVERN: A. In the event that any Rules herein, or portion thereof, is inconsistent or in conflict with any State Statute or County Charter, the said State Statute or County Charter shall govern. B. In the absence of any rule or in the event of an inconsistency of any rules of this Legislature with respect to any requirement of the statutes of the State of New York or the County Charter, such statutory provision or requirement shall be deemed to be a part of these Rules and such statute shall govern. RULE 4.29 AMENDMENT TO RULES: The Legislature shall have the power to amend these Rules by affirmative vote of a majority of the whole Legislature. ARTICLE V COMMITTEES RULE 5.1 CREATION OF COMMITTEES: For the purpose of aiding or assisting the Legislature in the transaction of its business, the Legislature shall create Standing and Special Committees. The local law or resolution creating such 21 Standing or Special Committee shall specify the power, duties, and number of such committee members. RULE 5.2 GENERAL DUTIES AND FUNCTIONS OF COMMITTEES: Every committee shall have actual or implied authority to do whatever is necessary to carry out the functions of the committee or whatever is reasonably incidental thereto and shall do things as may be necessary or advisable to comply with the requirements of the law and of this Legislature. RULE 5.3 TIME AND MANNER OF APPOINTMENT COMMITTEES: Except as specifically required by law, all committees of this Legislature shall be appointed from its membership by the Chair within thirty (30) days from the date of the Organizational Meeting by filing with the Clerk a list showing the name of the committee and the membership thereof and all vacancies shall be filled in like manner. The Clerk shall, upon receipt of such list, email a copy to each member of the Legislature. Those committees specifically required to be appointed pursuant to law shall be created as directed by Statute. The Chair of the Legislature, Majority Leader, Assistant Majority Leader, Minority Leader, and Assistant Minority Leader shall be ex officio members of each of said Committees. RULE 5.4 TERM OF COMMITTEE MEMBERSHIP: A member of any Standing or Special Committee shall serve until the end of the year of his/her appointment unless sooner replaced by the Chair for stated written cause. Each member of any Special Committee shall serve for a period specified in the resolution appointing him/her unless sooner replaced by the Chair, provided, however, no committee member shall serve longer than the term of 22 which he/she shall have been elected as Legislator. RULE 5.5 RULES OF PROCEDURE FOR COMMITTEES: A. The Chair of each committee shall be the Presiding Officer and shall cause the members thereof to be notified twenty-four (24) hours in advance of each meeting and call all necessary and required meetings. Upon his/her refusal or neglect to call any meeting, the Clerk of the Legislature upon written request signed by a majority of the committee shall call such meetings. Each committee shall perform the duties assigned to it by the Legislature and such other duties as may be required by law. B. The Order of Business at each meeting of Committees of the County Legislature shall be as follows: a) Roll Call by the Clerk b) Presentations and Reports c) Privilege of the floor with respect to printed agenda items, except during budget review sessions of the Budget, Finance & Personnel Committee subject to Rule 5.13 (A) and the review session of the Capital Project Plan during Public Works and Capital Projects Committee d) Consideration of Resolutions with respect to printed agenda items e) Other Business f) Adjournment C. A quorum shall be defined as a majority of the members of any given committee including the Chair of the Legislature, the Majority Leader, the Minority Leader, the Assistant Majority Leader, and the Assistant Minority Leader. For the purpose of conducting the business of any given committee, a quorum must be maintained. Except as provided in 23 Rule 4.13, once a quorum has been established all voting shall be decided by a majority of those present and voting, including the Chair of the Legislature, the Majority Leader, the Minority Leader, the Assistant Majority Leader, and the Assistant Minority Leader. Except as provided in Rule 4.13, all committee determinations shall be on recorded roll call vote of a majority of those present and voting. All votes shall be cast in person in open session of the committee. D. The chair of a committee shall not close debate so long as any member of the committee who has not exhausted his/her right to debate desires the floor, except by order of the committee, which requires a 2/3 majority of those members present. Every member of the committee present shall have the opportunity to speak at least once for a period not to exceed ten minutes. E. No report shall be made by any committee on any subject referred to it in the absence of approval by a majority of the said committee unless a majority of the Legislature so orders or directs. F. All committee meetings shall be open to the public, except as otherwise provided by law. G. The Chair of each committee shall appoint a standing subcommittee for the purpose of reviewing and making recommendations regarding appointments submitted for confirmation by the Legislature. Such appointments to the standing subcommittee will be provided to the Majority and Minority leaders by February 1st along with any changes that are made during such term. 24 RULE 5.6 COMMITTEE AUTHORIZED TO ACCEPT HELP FROM NON-MEMBERS Any committee of this Legislature is authorized to accept advice and counsel from citizens who are not members of the RULE 5.7 POWERS AND DUTIES OF THE LEGISLATURE NOT BE DELEGATED: Except when expressly authorized by law, nothing herein shall be deemed to authorize the delegation of the power, duties, or responsibilities of the legislature, or of any officer. RULE 5.8 REFERENCE TO COMMITTEES: A. No action shall be taken by the Legislature upon any matter or resolution on the same day on which it is presented, except for the election or appointment of the Chair, Clerk, and Deputy Clerk of the County Legislature, members of committees whose terms have expired, resolutions directing the Chair and the Clerk of the Legislature to sign tax rolls and affix the seal of the Legislature thereto, resolutions ratifying and confirming the tax rolls and directing the collection of taxes, and matters or resolutions which have theretofore been considered by and reported out of committee. B. Except by unanimous consent of the Legislature in attendance, no matter, except the election or appointment of the Chair, Clerk, and Deputy Clerk of the County Legislature, shall be acted upon by the Legislature until after reported out by the proper committee. C. Any resolution considered by a committee shall be considered by any subsequent committee in the form reported out 25 by the prior committee. The resolution considered or amended by the last committee to consider or amend such resolution shall be the version of such resolution listed on the Legislature's meeting agenda. RULE 5.9 REFERENCE TO SPECIAL COMMITTEE: Upon the majority vote of all members of the Legislature, any matter entrusted to any committee may be withdrawn from the consideration of such committee and referred to a special committee appointed in such manner as the resolution withdrawing such matter shall direct. RULE 5.10 RESIGNATION FROM COMMITTEE: No member shall be entitled to resign from any Committee to which he/she has been appointed unless said application has been approved by the Chair of the Legislature. RULE 5.11 PRESIDING OFFICER OF THE COMMITTEE OF THE WHOLE: In forming a Committee of the Whole Legislature, the Chair shall leave the Chair and appoint another Legislator to preside. RULE 5.12 RULES FOR THE COMMITTEE OF THE WHOLE: A. The Rules of the Legislature shall be observed by this Committee so far as they may be applicable except limiting the number of times of speaking and except that the yeas and nays shall not be taken on substantive matters and except that a motion to rise and report progress shall always be in order and decided without debate. 26 B. The Committee of the Whole shall be open to the public, except as otherwise provided by law, with no public comment. RULE 5.13 STANDING COMMITTEES OF THE LEGISLATURE: A. BUDGET, FINANCE, AND PERSONNEL This committee shall consist of twelve (12) members of the Legislature inclusive of ex officio members. Except as to matters specifically assigned to other committees, this committee shall have referred to it all matters relating to or arising out of the requirements of the law and the action of the Legislature with respect to: 1) Annual Budget Review 2) Arts, History, Tourism 3) County Comptroller 4) Dutchess Community College Economic Development Corporation 6) Economic Development Zone 7) Employee Contracts 8) Finance Real Property Tax 9) Grants 10) Human Resources Risk Management 11) Industrial Development Agency/Local Development Council 12) Leases 13) Merit Awards 14) Off-Track Betting 15) Taxes - hotel/motel, property, sales 27 16) Above Department Budget Amendments Notwithstanding Rule 5.5 (B)(c) it is intended that public comment on the Tentative Budget and Capital Project Plan and the reports by these committees will be reserved for a public hearing(s) on said budget and capital project plan. B. ENVIRONMENT This committee shall consist of twelve (12) members of the Legislature inclusive of ex officio members. Except as to matters specifically assigned to other committees, this committee shall have referred to it all matters relating to or arising out of the requirements of law and the action of the Legislature with respect to: 1) Cooperative Extension 2) Environmental Impact Statements 3) Environmental Management Council 4) Fish & Wildlife 5) Grants 6) Forest Practice Board 7) Planning and Development, Department of 8) Resource Recovery Agency 9) Soil Conservation Board 10) Solid Waste Agency 11) Water and Natural Resources 12) Above Department Budget Amendments 28 C. FAMILY AND HUMAN SERVICES This committee shall consist of twelve (12) members of the Legislature inclusive of ex officio members. Except as to matters specifically assigned to other committees, this committee shall have referred to it all matters relating to or arising out of the requirements of law and the action of the Legislature with respect to: 1) Aging 2) Community Action Agency 3) Community and Family Services Department of Youth Services 4) Family Court 5) Grants 6) Health Department Weights and Measures 7) Veterans Affairs 8) Mental Hygiene Department 9) Voluntary Action Agency 10) Above Department Budget Amendments D. GOVERNMENT SERVICES AND ADMINISTRATION This committee shall consist of twelve (12) members of the Legislature inclusive of ex officio members. Except as to matters specifically assigned to other committees, this committee shall have referred to it all matters relating to or arising out of the requirements of law and the action of the Legislature with respect to: Board of Elections 29 2) Board/Code of Ethics Central and Information Services, Office of Central Services 4) County Attorney 5) County Charter 6) County Clerk 7) County Executive 8) County Legislature 9) Grants 10) Local Laws 11) Above Department Budget Amendments E. PUBLIC SAFETY This committee shall consist of twelve (12) members of the Legislature inclusive of ex officio members. Except as to matters specifically assigned to other committees, this committee shall have referred to it all matters relating to or arising out of the requirements of law and action of the Legislature with respect to: 4) 6) 7) 10) 11) 12) Commissioner of Jurors County of Courts (except Family Court) County Sheriff District Attorney Emergency Response, Department of Grants Homeland Security Probation & Community Correction, Department of Public Defender STOP-DWI Traffic Safety Above Department Budget Amendments 30 F. PUBLIC WORKS AND CAPITAL PROJECTS This committee shall consist of twelve (12) members of the Legislature inclusive of ex officio members. Except as to matters specifically assigned to other committees, this committee shall have referred to it all matters relating to or arising out of the requirements of law and the action of the Legislature with respect to: 1) Capital Budget Capital Projects 3) 4) Grants Public Works, Department of Airport Buildings and Grounds Dutchess Stadium Highways Parks 5) Above Department Budget Amendments 6) Transportation 31 INDEX A Addressing Chair .... Adjournment Amendment to Rules.. Appeal Decision of Chair... Appointments: Clerk Counsel... Confirmation of. Attendance and Quorum......... Budget, Finance, and Personnel Committee. Business: Order of. Priority of. C Chair, Election of. Chair, Powers and Duties Clerk: Appointment of. Duties of. Committee of the Whole Presiding Officer Rules Committees: Creation of Duties and Functions .. Reference to Resignation from ... Rules of Procedures Special, Reference to 32 PAGE 14 18 21 16 2 3 3 .. 7 27 6 14 1 8 2 5 26 26 21 22 19,25 26 23 26 Standing Term of Membership Time and Manner of Appointment. 27-31 ..22 22 D Debate .. 13 E Environment Committee .. 28 Family & Human Services Committee. 29 Government Services and Administration Committee. 29 M Meetings: Calls to Order General, Regular Members Entitled to Vote Special. Minutes of Meeting. Motions Reconsideration Moving the Question.. 14 3,4 15 4 20 18 20 19 Organizational Meeting.. Organizational Meeting, Notice of 1 Petitions, Reports, Motions and Resolutions. Postponement of Consideration.. Priority of Business 10 .. 19 .. 13 33 Privilege of Floor.. Public Safety Committee........ Public Works & Capital Projects Committee... 10 30 31 R Reference to Committee Reconsideration Resolutions: Effective Date of.. Power to Amend or Repeal..... Roll Call Vote.. Vote Required for Adoption.... Withdrawal of Motion ............ Roll Call. 19 20 17 17 ..18 17 18 .. 7 34