THE COUNCIL CITY OF NEW YORK RULES OF THE COUNCIL 2020

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  • Ad ID: 1036

  • Added: November 28, 2020

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  • State: New York

  • City: Queens

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  • Website: NYC Council Rules 2020

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RULES OF THE NEW YORK CITY COUNCIL 2020

IN QUEENS DISTRICT 24 VOTE FOR MICHAEL EARL BROWN ON FEB 2 2021

MY NAME IS MICHAEL EARL BROWN I WILL KEEP YOU INFORMED!

District 24 – Council Member – Areas – Kew Gardens Hills, Pomonok, Electchester, Fresh Meadows, Hillcrest, Jamaica Estates, Briarwood, Parkway Village, Jamaica Hills, Jamaica

TABLE OF CONTENTS
CHAPTER I – MEETINGS OF THE COUNCIL…………………………………………………………………………1
1.00. Stated, Special -…………………………………………………………………………………………………………………….1
CHAPTER II – SPEAKER: AND OTHER OFFICERS………………………………………………………………..1
2.00. Speaker; other Officers -………………………………………………………………………………………………………1
2.05. Speakers’ Office -…………………………………………………………………………………………………………………1
2.10. Agenda -……………………………………………………………………………………………………………………………….1
2.15. Attendance Policy -………………………………………………………………………………………………………………2
2.20. Council Chamber -……………………………………………………………………………………………………………….2
2.25. Council Lounge -………………………………………………………………………………………………………………….2
2.30. Committee of the Whole -……………………………………………………………………………………………………2
2.40. Personnel and Fiscal Reports -……………………………………………………………………………………………..2
2.50. Proposed Council Budget -…………………………………………………………………………………………………..3
2.55. Discretionary Funding – ……………………………………………………………………………………………………….3
2.60. Council Members’ Operating Expenses -……………………………………………………………………………..4
2.65. Prohibition against using funds from operating expenses for certain advertisements -…………4
2.70. Policies Prohibiting Discrimination and Harassment and Related Training -………………………..4
2.75. Assessment and Reporting -…………………………………………………………………………………………………4
2.80. Qualification of Council Members -……………………………………………………………………………………..5
2.85. Outside Earned Income – …………………………………………………………………………………………………….6
CHAPTER III PRESIDING OFFICER…………………………………………………………………………………………6
3.00. Who Presides -……………………………………………………………………………………………………………………..6
3.10. Order, Decorum -………………………………………………………………………………………………………………..6
3.15. Prohibition on the Use of Mobile Telephones -……………………………………………………………………7
3.20. Call of Members to Order -………………………………………………………………………………………………….7
3.30. Appeals -………………………………………………………………………………………………………………………………7
CHAPTER IV – MAJORITY AND MINORITY LEADERS………………………………………………………..7
4.00. Majority Leader -………………………………………………………………………………………………………………….7
4.10. Minority Leader -………………………………………………………………………………………………………………….7
CHAPTER V – CLERK AND STAFF – DUTIES ………………………………………………………………………..7
5.00. Minutes -………………………………………………………………………………………………………………………………7
5.10. Public Access -……………………………………………………………………………………………………………………..7
5.30. Certification -……………………………………………………………………………………………………………………….8
5.50. Rules and Charter – ………………………………………………………………………………………………………………8
5.60. Assignment of Sergeant-at-Arms – ……………………………………………………………………………………….8
5.70. Sergeants-at-Arms; Absence of Quorum -……………………………………………………………………………8
5.80. Sergeants-at-Arms; Duties -………………………………………………………………………………………………….8
5.90. Transmittal to Clerk – …………………………………………………………………………………………………………..8
5.110. Legislative Tracking -………………………………………………………………………………………………………….8
CHAPTER VI – PROPOSED LOCAL LAWS AND RESOLUTIONS………………………………………..9
6.00. Preparation and Presentation of Papers -……………………………………………………………………………..9
6.10. Local Laws; How Prepared -………………………………………………………………………………………………..9
6.20. Sponsors -…………………………………………………………………………………………………………………………….9
6.30. Papers Referred to Committee; Change of Reference -………………………………………………………..9
6.40. Type of Enactment -…………………………………………………………………………………………………………..10
6.50. Fiscal Impact Statements -………………………………………………………………………………………………….10
6.60. Legislative Drafting Services -…………………………………………………………………………………………….10
CHAPTER VII – COMMITTEES………………………………………………………………………………………………..11
7.00. Appointment -……………………………………………………………………………………………………………………11
7.10. Ex-Officio Members -………………………………………………………………………………………………………..13
7.20. Chairperson; Committee Members -…………………………………………………………………………………..14
7.30. Duties – ………………………………………………………………………………………………………………………………14
7.40. Staff – ……………………………………………………………………………………………………………………………….14
7.50. Meetings -…………………………………………………………………………………………………………………………..14
7.60. Public Hearings -………………………………………………………………………………………………………………..15
7.70. Required Voting -……………………………………………………………………………………………………………….15
7.100. Sponsor’s Privilege -………………………………………………………………………………………………………….16
7.110. Supermajority Bill Sponsorship -………………………………………………………………………………………16
7.120. Participation at Committee Meetings -……………………………………………………………………………..16
7.130. Discharge of Committee – ………………………………………………………………………………………………..16
7.140. Committee Rules – ……………………………………………………………………………………………………………17
7.150. Subpoenas -………………………………………………………………………………………………………………………17
7.170. Executive Session -…………………………………………………………………………………………………………..17
CHAPTER VIII – STATED MEETINGS – PROCEDURE………………………………………………………..17
8.00. Order of Business -…………………………………………………………………………………………………………….17
8.10. Home Rule Requests; How Presented – ……………………………………………………………………………..18
8.20. Admission to Floor of Council Chamber -…………………………………………………………………………18
8.21. Admission to the Committee Room During Stated and Special Meetings -………………………..18
8.30. Order of Calling the Roll -………………………………………………………………………………………………….19
8.40. Voting -………………………………………………………………………………………………………………………………19
8.50. Consideration of Resolutions -……………………………………………………………………………………………19
8.60. Presence of Quorum; Member Silent on Roll Call -……………………………………………………………19
8.70. Call of the Council -……………………………………………………………………………………………………………20
CHAPTER IX — GENERAL PROCEDURE FOR STATED MEETINGS AND COMMITTEE
HEARINGS AND MEETINGS…………………………………………………………………………………………………..20
9.00. Absent Members; Opportunity to Indicate Position on Roll Call -……………………………………..20
9.20. Precedence of Motions -…………………………………………………………………………………………………….20
9.30. Second Not Required -……………………………………………………………………………………………………….20
9.40. Motion to Amend to be in Writing -…………………………………………………………………………………..21
9.50. Matters Always in Order -…………………………………………………………………………………………………..21
9.60. Separate Questions -…………………………………………………………………………………………………………..21
9.70. Debate Precluded -……………………………………………………………………………………………………………..21
9.80. Vote Required – ………………………………………………………………………………………………………………….21
9.90. Withdrawal of Motions -…………………………………………………………………………………………………….21
9.100. Adjournment -………………………………………………………………………………………………………………….21
9.110. Motion to Amend -…………………………………………………………………………………………………………..22
9.130. Call for Absentees – ………………………………………………………………………………………………………….22
9.140. Discontinuance of Roll Call -……………………………………………………………………………………………22
9.150. Ten Minute Rule -…………………………………………………………………………………………………………….22
9.160. Two Minute Rule -……………………………………………………………………………………………………………22
9.170. Reconsideration of a Question -……………………………………………………………………………………….22
9.190. Questions of Priority -………………………………………………………………………………………………………23
9.200. Personal Privilege – …………………………………………………………………………………………………………..23
9.210. Discussion of General Orders -………………………………………………………………………………………..23
9.220. General Discussion – ………………………………………………………………………………………………………..23
9.225. Discussion of resolutions -……………………………………………………………………………………………….23
9.230. Extension of Remarks into the Council Record -……………………………………………………………..23
CHAPTER X – GENERAL RULES …………………………………………………………………………………………….23
10.00. When Papers shall be Read -…………………………………………………………………………………………….23
10.10. Automatic Removal from Consideration -………………………………………………………………………..24
10.20. Amendment or Suspension of Rules -………………………………………………………………………………24
10.25. Rule Advisory Opinions -…………………………………………………………………………………………………24
10.30. Absence or Violation of Rules -………………………………………………………………………………………..24
10.40. Video Coverage -………………………………………………………………………………………………………………24
10.50. Application of “Robert’s Rules of Order, Newly Revised” -……………………………………………..24
10.60. Nominations, Appointments, Designations, Recommendations: Meetings -…………………….24
10.70. Conflicts of Interest – ……………………………………………………………………………………………………….24
10.80. Disorderly Behavior; Sanctions -………………………………………………………………………………………24
CHAPTER XI – RULES OF THE LAND USE COMMITTEE …………………………………………………25
11.00. Membership -……………………………………………………………………………………………………………………25
11.10. Subcommittees -……………………………………………………………………………………………………………….25
11.20. Referrals to Land Use Committee -…………………………………………………………………………………..26
11.30. Calendar and Public Notice – ……………………………………………………………………………………………27
11.40. Public Hearings -………………………………………………………………………………………………………………27
11.50. Voting -…………………………………………………………………………………………………………………………….28
11.60. Discharge of Committee – ………………………………………………………………………………………………..28
11.70. Action by Resolution Action – ………………………………………………………………………………………….28
11.80. Time Provisions -……………………………………………………………………………………………………………..28
11.90. Conflicts with Rules of the Council -………………………………………………………………………………..29
RULES OF THE COUNCIL 1 Effective November 19, 2020
RULES OF THE COUNCIL
CHAPTER I – MEETINGS OF THE COUNCIL
1.00. Stated, Special – The Council shall hold no less than two stated meetings a month,
unless otherwise ordered, except during the months of July and August. Such meetings shall be called
by the Speaker. The first meeting in each year shall be the Charter Meeting, and shall be held on the
first Wednesday after the first Monday of January at noon.
The Council may adjourn to a day other than that of a stated meeting and notice thereof shall
be given to each member and the public by the Legislative Document Unit at least 24 hours before
the set time. Notice of such adjournment shall be given to the news media and shall be posted in a
public location at City Hall.
A list of all items to be considered as a General Order by the Council at the stated or special
meeting, together with copies of all such items, including memoranda in support or in opposition, if
any, except for those items acted on by a committee convened on the day of or preceding a meeting
of the Council, in which case copies of such items shall be made available as soon as practicable, and
a list of titles of all proposed local laws and resolutions to be introduced at such meeting, where
practicable, shall be provided to each member at least 36 hours prior to the call of all meetings.
CHAPTER II – SPEAKER: AND OTHER OFFICERS
2.00. Speaker; other Officers – The Council shall elect from among its members a Speaker,
and such other officers as it deems appropriate. During absences, the Speaker may designate, in
writing, any member to perform the duties of the Speaker for that legislative day.
2.05. Speakers’ Office – No person, including but not limited to registered lobbyists, except
Members of the Council and Council staff, shall be permitted access to the Speaker’s Office, except
in specific designated areas, except when such person is attending a scheduled meeting or a public
event. Such designated areas shall be demarcated by the posting of signs or the placement of a gate.
2.10. Agenda – The Speaker shall compile an agenda for each stated, charter and special
meeting of the Council and shall provide each member with a copy thereof. The agenda shall include
all vetoes, messages from the Mayor or other City, county and borough officials, departments and
agencies, other petitions and communications, and reports of subcommittees, special and standing
committees. All matters which have been considered by a committee and reported out favorably or
with amendments shall be listed in a section devoted to General Orders. A list of introductions of
local laws and, resolutions, submitted for consideration to the Council and referred to a committee at
such meeting, where practicable, shall be annexed. General Orders are those proposed local laws,
resolutions or other items of unfinished business requiring no further action by the Council, except
to vote thereon. In the event any matters on the General Order Calendar of a particular meeting are
not acted upon, they shall be continued on the agenda at the next meeting, and each succeeding
RULES OF THE COUNCIL 2 Effective November 19, 2020
meeting until final action is taken.
2.15. Attendance Policy – The Speaker shall formulate an attendance policy for committee,
stated, charter, and special meetings.
2.20. Council Chamber – The use of the Council Chamber, Council Committee Room and
all other space used for the purpose of conducting Council business shall be within the jurisdiction of
the Speaker, unless otherwise ordered by the Council.
2.25. Council Lounge – No person, including but not limited to registered lobbyists, except
Members of the Council and Council staff, shall be permitted access to the Council Lounge, except
that persons other than Council Members and Council staff may be granted admission for the purpose
of attending meetings with Members or public events. Notice of such meetings with individual Council
Members shall be provided to the Sergeant-at-Arms in advance by such Member to the extent
practicable, indicating the name(s) of the attendees.
2.30. Committee of the Whole – The Speaker may, at any time, convene the Committee of
the Whole and shall provide each member and the public with notice of such meeting together with a
schedule of those items to be considered as far in advance of such meeting as is practicable. When the
Council convenes as a Committee of the Whole, the Speaker shall be chairperson of such Committee.
Notice of such meeting shall be given to the news media and shall be posted in a public location at
City Hall.
2.40. Personnel and Fiscal Reports – The Speaker shall provide to each member an annual
report, which may be included as part of the annual accounting of the Council’s actual expenditures
required by this rule, detailing the names of all individuals receiving compensation for work performed
for the Council, its members or any of its committees, the amount of such compensation for Central
staff only, and a title and job description (including identification of the function or division of the
Council to which the individual is assigned). The Speaker shall publish an annual accounting of the
Council’s actual expenditures by September 30 of each year, which covers the previous fiscal year, and
which is sufficiently detailed to indicate the positions and purposes which have been funded as well
as the activities and categories of materials and supplies purchased. Such accountings shall be
accompanied by a summary description specifying, at a minimum, the amounts devoted to the
following functions and divisions of the Council: the divisions responsible for the budget and fiscal
analysis, the Council’s role in the land use process, legislative drafting, and legal services; the Council
press office; each committee; the Sergeant at Arms and other security functions; each member’s office;
the Speaker’s staff, including all amounts paid to all consultants as well as the functions of such
consultants; and any changes in each of these amounts, other than changes in compensation of
members of Central staff, from the Council budget adopted for the fiscal year covered by such
accounting.
2.45. Procurement Procedures – a. The Speaker shall establish procurement procedures that
shall apply to all Council members and Council employees, so as to ensure efficiency, cost control and
avoid conflicts of interest in the procurement process. All Council members and Council employees
shall be required to comply with the procurement procedures established by the Speaker, as well as
any related requirements for training set by the Speaker. The Speaker shall make available to all Council
Members and Council employees a copy of such procedures and any changes thereto.
RULES OF THE COUNCIL 3 Effective November 19, 2020
b. The procurement procedures set by the Speaker shall take effect immediately.
2.50. Proposed Council Budget – The Speaker shall provide to members copies of the
proposed budget of the Council for the following year as soon as practicable. Such proposed budget
shall include, at minimum, the amounts devoted to the following functions and divisions of the
Council: the divisions responsible for the budget and fiscal analysis, the Council’s role in the land use
process, legislative drafting, and legal services; the Council press office; each committee; the Sergeant
at Arms and other security functions; each member’s office; and the Speaker’s staff, including all
amounts paid to all consultants as well as the functions of such consultants.
2.55. Discretionary Funding – a. The Speaker shall establish a policy to ensure the integrity
and transparency of the Council discretionary funding process. Such policy shall require that all
organizations that wish to be considered for discretionary funding from the expense budget or for
discretionary funding from the capital budget for a “non-City capital project” shall file an application
with the Council or relevant City offices and/or agencies. For the purposes of this rule, a “non-City
capital project” is a project for which the applicant organization is required to submit a Capital
Funding Request Form for Not-for-Profit Organizations. Applications for discretionary funding from
the expense budget or for discretionary funding from the capital budget for a non-City capital project
shall be reviewed by the Council and/or relevant City offices and/or agencies to ensure that they are
legally eligible to receive the City funds, are capable of providing the services for which they seek
funding, are seeking funding for a public purpose, and are in compliance with all applicable laws and
regulations. All expense applications received by the Council shall be made available to the public in
a searchable on-line database in summary form. All allocations for discretionary funding from the
expense budget or for discretionary funding from the capital budget shall be made available to the
public in a searchable on-line database and in a downloadable, machine-readable format. All
organizations that receive discretionary funding from the expense or capital budgets shall be required
to complete a brief summary of how they have utilized such awarded funds.
In addition, such policy shall require completion of conflicts of interest
disclosure/certification forms as specified by the Speaker from (i) all organizations seeking
discretionary funding from the expense budget or discretionary funding from the capital budget for a
non-City capital project, (ii) all Council Members sponsoring discretionary funding allocations and (iii)
all Council Members prior to voting to designate discretionary funds. Such disclosure/certification
forms shall contain either disclosure of any relationship between an organization and applicable City
officials and associated persons or firms so that a determination may be made as to whether funding
such organization is consistent with the City’s Conflicts of Interest Laws and if so whether disclosure
is necessary, or a certification that no such relationships exist.
b. Allocation of discretionary funds from the expense budget or discretionary funds from the
capital budget for a non-City capital project, designation of recipients of discretionary funds from the
expense budget or discretionary funds from the capital budget for a non-City capital project, and
delineation of the uses of such funds shall be made solely through the budget adoption or modification
process or through a discretionary funding transparency resolution. All such funds shall be distributed
between and among sponsoring Council Members for allocation pursuant to a publicly disclosed
formula that allocates funds either equally among members, or based upon publicly available data
about differences between districts, or some combination thereof. The Speaker shall be responsible
for proposing no more than one half of all dollars allocated by the Council discretionary expense
funding process.
RULES OF THE COUNCIL 4 Effective November 19, 2020
2.60. Council Members’ Operating Expenses – The amounts allocated in the Council
budget for the operation of individual members’ offices shall be the same for each member. The
Speaker may not reduce such amount for any member unless all members are subject to the same
reduction. The Speaker may not supplement the amount available to any member through direct or
indirect payment, provided that the Speaker may, with notice to all members, supplement the amount
available to an individual Councilmember in cases of special need. It is the intent of the body that the
total amount allocated for the operation of individual members’ offices shall be reasonable in
proportion to the amount allocated for central staff.
2.65. Prohibition against using funds from operating expenses for certain
advertisements – a. No city funds appropriated to the Council (“Council funds”) shall be used by a
Council Member for the purchase of advertisements in an organization’s journal or bulletin in print
or other form; provided, however, that for purposes of this rule, a publication of an organization that
is published at least quarterly and is distributed beyond the membership of the organization to the
general public shall not be deemed a journal or bulletin.
b. No Council funds shall be used by a Council Member for the purchase of any advertisement
published or broadcast in any print, radio or television or other electronic media that (i) does not solely
consist of informational or educational content relating to a governmental function or a governmentsponsored event or (ii) contains any seasonal or holiday greeting or message or any congratulatory or
commemorative message or (iii) contains a Council Member’s likeness, picture or voice.
c. The Council shall only approve the purchase of advertisements that comply with the
provisions of this rule and such payment shall only be made after a copy of such advertisement (or a
detailed description of any such advertisement if not in print form) is provided to the Speaker’s
designee together with the invoice for such purchase.
2.70. Policies Prohibiting Discrimination and Harassment and Related Training – a.
The Speaker shall establish a policy or policies prohibiting workplace discrimination and harassment,
including sexual harassment, for the Council, which shall apply to all Council Members, their staff and
Council central staff. All Members, their staff and Council central staff shall be required to comply
with the requirements of such policy or policies, including the requirements for related training. The
Speaker shall provide all Members, their staff and Council central staff with a copy of such policy or
policies and any changes thereto.
b. The Speaker shall require mandatory annual participatory interactive training for all
Members, their staff and Council central staff as outlined in the policy or policies established pursuant
to rule 2.70a.
2.75. Assessment and Reporting – a. The Speaker shall formulate a recurrent risk factor
review plan to assess and address potential risk factors associated with workplace sexual harassment,
such as a homogenous workforce, language differences in the workplace, a workforce having
significant power disparities and isolated and decentralized workplaces. The process herein shall
commence immediately, recur periodically and cease January 31, 2022.
b. The Speaker shall publish an annual report within the Council for the first Stated meeting
in February disclosing complaints of workplace sexual harassment, as defined by the Council’s policy
or policies prohibiting discrimination and harassment established pursuant to rule 2.70a. Such report
RULES OF THE COUNCIL 5 Effective November 19, 2020
shall track for each preceding calendar year the number of complaints alleging workplace sexual
harassment and the dispositions of such complaints. The annual report shall not contain any personally
identifiable information.
c. The Speaker shall distribute a discrimination and harassment climate survey. Such survey
shall gauge whether Council staff are familiar with the Council’s policy or policies prohibiting
discrimination and harassment, consider their workplace safe and free from violations of the Council’s
policy or policies and believe that the Council protects the rights of its employees to pursue their
duties in a respectful workplace. The climate survey shall assess whether Council staff have witnessed
or experienced workplace discrimination or harassment as described by the Council’s policy or policies
and whether they understand Council reporting and complaint procedures. The climate survey shall
also gauge whether Council staff believe discrimination or harassment is, or would be, tolerated by
the Council. For supervisors and managerial employees, the climate survey shall prompt whether such
supervisors and managerial employees are knowledgeable about their responsibilities with respect to
the prevention of conduct prohibited by the Council’s policy or policies prohibiting discrimination
and harassment. The climate survey shall also prompt whether such supervisors and managerial
employees are knowledgeable about the measures they may take to address complaints. Information
concerning demographic variables, including, but not limited to, race, ethnicity, gender, sexual
orientation and age, shall be solicited from survey respondents. Survey respondents may provide such
demographic information, in full or in part, at their discretion.
By the close of the first year of the term, the Speaker shall disseminate the climate survey. By
the close of the second year of the term, the Speaker shall assess the climate survey results, and, in
response, determine and implement a preemptive action plan to create a discrimination-free and
harassment-free workplace, as set forth in the Council’s policy or policies established pursuant to rule
2.70a. By the close of the third year of the term, the Speaker shall refine and redistribute the climate
survey. By the end of the term, the Speaker shall assess the recent climate survey results, and, in
response, recommend a successive preemptive action plan. By the end of the first year of the ensuing
term, and every four years thereafter, the Speaker shall address the preceding Speaker’s
recommendations, disseminate a climate survey, assess the climate survey results, and, in response,
determine and recommend a preemptive action plan for the next Speaker. Based on each assessment
and determination, the Speaker shall update the Council’s policy or policies prohibiting discrimination
and harassment, as necessary, established pursuant to rule 2.70a.
In the event a Speaker’s term is fewer than four years, the subsequent Speaker shall maintain
the four-year climate survey schedule delineated herein for the remainder of the unexpired term. In
the event of two consecutive 2-year terms, the Speaker of the first term shall initiate and conclude the
steps delineated herein for the first two years of a regular four-year term. The Speaker of the second
term shall initiate and conclude the steps delineated herein for the final two years of a regular fouryear term.
2.80. Qualification of Council Members – Council Members, as public officers, must meet
the qualifications of Section 3 of the New York State Public Officers Law in order to hold public
office. In addition, Section 30 of such law sets forth provisions governing the creation of vacancies
in public office. The Committee on Rules, Privileges and Elections shall have jurisdiction over these
matters. The Committee, or staff of the Committee acting under its direction, shall request such
information as is reasonably necessary to review the qualifications of Council Members-elect. In
addition, the Committee may determine whether particularized review of qualifications of a Council
RULES OF THE COUNCIL 6 Effective November 19, 2020
Member-elect or eligibility to serve of a Council Member is appropriate based upon information
submitted or otherwise available to the Committee, or based upon failure to submit information
requested in accordance with the preceding sentence. In the event that such a particularized review is
conducted, the Council Member-elect, or Council Member, shall be afforded the right to be heard. If
the Committee believes that a Council Member-elect should not be seated, or that a Council Member
is not eligible to serve in public office, due to failure to meet the qualifications of the Public Officers
Law or due to the creation of a vacancy pursuant to such law, the Committee will recommend
appropriate action to the full Council. The record of the proceedings before the Committee on the
matter shall be made available to the members of the Council before any such action is taken by the
full Council.
2.85. Outside Earned Income – Members may not receive outside earned income. Outside
earned income means income other than the Council salary and benefits of a member, except that
such term does not include (1) investment income, including but not limited to interest, dividends,
rents, annuities and capital gains; (2) compensation for personal services actually rendered before the
adoption of this rule or before such individual became a member; (3) income received from a pension
or retirement account, or from social security; (4) copyright royalties received under usual and
customary contractual terms; (5) compensation for speaking engagements or artistic performance,
with advance approval by the conflicts of interest board; (6) income received for teaching a course of
instruction at an established academic institution for which students receive credit, so long as such
compensation does not exceed that normally received by others at the institution for a comparable
type and amount of instruction; and (7) with advance approval by the Office of General Counsel,
minimal earned income from activity involving only a limited time commitment, and which does not
interfere with the performance of official duties. Any income received by a member shall be subject
to the requirements of chapter 68 of the charter. Until January 1, 2018, the provisions of this rule do
not apply to any member who submits a letter to the Speaker no later than March 1, 2016 stating that
such member has received outside income during the Council’s 2014-2017 session and intends to
continue to receive outside earned income.
CHAPTER III PRESIDING OFFICER
3.00. Who Presides – The Speaker shall be the presiding officer of the Council and may at
his or her discretion designate an Acting President Pro Tempore who shall chair all stated, charter and
special meetings. The Speaker shall call the Council to order and the Acting President Pro Tempore,
except in the absence of a quorum, shall proceed to business in the manner prescribed by these Rules.
Only in the event the Speaker is no longer a member of the Council, the City Clerk shall act as the
presiding officer for the Charter meeting of a new session. The City Clerk shall call the meeting to
order, read into the record communications, including the certification of newly elected members
from the Board of Elections, call the roll, seek nominations for Speaker and manage any debate
thereon, close nominations, call for a vote on such nominations and announce the new Speaker. Once
elected, the new Speaker shall become the presiding officer.
3.10. Order, Decorum – The presiding officer shall preserve order and decorum. In the event
of disturbance or disorderly conduct in the Chamber, lobby or gallery, the presiding officer may cause
the same to be cleared.
RULES OF THE COUNCIL 7 Effective November 19, 2020
3.15. Prohibition on the Use of Mobile Telephones – The Council prohibits the use of all
mobile telephones during the course of Stated Meetings. The presiding officer shall enforce this Rule
by directing that all mobile telephones be silenced or placed on vibrate at the start of the Stated
Meeting and that they not be in use on the floor until the conclusion of the meeting.
3.20. Call of Members to Order – Members, when called to order by the presiding officer,
shall thereupon take their seats and the presiding officer’s ruling that a member is out of order shall
be subject only to the right of appeal.
3.30. Appeals – Any member may appeal to the Council from a ruling of the presiding officer
and the member making the appeal may briefly state the reason for same, and the presiding officer
may briefly explain such ruling. There shall be no debate or explanation of voting on the appeal and
no other member shall participate in the discussion except for the Majority Leader and Minority
Leader, or the designee of each. The presiding officer shall then ask the question, “Shall the decision
of the presiding officer be sustained?”, and if a majority of the members present vote in the affirmative,
the decision of the presiding officer shall be sustained; otherwise the decision of the presiding officer
shall be overruled.
CHAPTER IV – MAJORITY AND MINORITY LEADERS
4.00. Majority Leader – The Majority Leader shall be a member of the political party with the
greatest number of members in the Council. During absences, the Majority Leader shall designate, in
writing, any member of the majority party to perform the duties of the Majority Leader for that
legislative day.
4.10. Minority Leader – The Minority Leader shall be chosen by the members of the Council
of the political party with the greatest number of members in the Council after the majority party.
During absences, the Minority Leader shall designate, in writing, any member of such minority party
to perform the duties of the Minority Leader for that legislative day. The Minority Leader may appoint
such party officers as he or she deems appropriate.
CHAPTER V – CLERK AND STAFF – DUTIES
5.00. Minutes – The Legislative Document Unit shall prepare and make available on the
Council’s website minutes containing the proceedings of each meeting and accurate records of the
members actually in attendance. All papers submitted shall constitute a part of the proceedings of each
meeting.
5.10. Public Access – The Office of the Speaker shall keep accurate records of the meetings
of the committees of the Council, including the members present, committee reports, a description
of each matter considered, the plain language summary and fiscal impact statement accompanying
each proposed local law or resolution, the names of witnesses appearing before the committee and
copies of their written testimony, when submitted. Such materials shall be open to public inspection
free of charge and copying at reasonable fees at such times as is practicable. Proceedings and records
RULES OF THE COUNCIL 8 Effective November 19, 2020
of the Committee on Standards and Ethics shall be privileged and confidential. Any person requesting
copies of such materials shall set forth in writing a specific description of the material sought which
shall be submitted to the Office of the Speaker. A complete transcript of each committee meeting
shall be available for public inspection at the Office of the City Clerk, Clerk of the Council, free of
charge within sixty days of such meeting. The Speaker shall develop a Public Technology Plan for
improving public access to Council materials and meetings, and shall periodically update such Plan as
necessary.
5.30. Certification – The certificate of the Clerk of the Council shall be attached to every
proposed local law or resolution to the effect that the same has been duly passed by a vote, as required
by the provisions of the New York City Charter. The Legislative Document Unit shall transmit the
proposed local law or resolution to the Mayor.
5.50. Rules and Charter – The Legislative Document Unit shall make available on the
Council’s website and furnish to each member a copy of the Rules of the Council as prepared and
printed under the direction and supervision of the Committee on Rules, Privileges and Elections and
shall make available a copy of “Robert’s Rules of Order, Newly Revised” and the City Charter.
5.60. Assignment of Sergeant-at-Arms – The Speaker shall assign to the Sergeant-at-Arms
and Assistant Sergeant-at-Arms, their respective duties and stations except as otherwise provided in
these Rules.
5.70. Sergeants-at-Arms; Absence of Quorum – If a number less than a quorum shall
convene, the presiding officer may send the Sergeants-at-Arms for the absent members.
5.80. Sergeants-at-Arms; Duties – The Sergeants-at-Arms shall be in constant attendance at
all sessions of the Council, and, under the direction of the presiding officer, shall aid in enforcing
order on the floor, in the gallery, in the lobbies and in the rooms adjoining the Chamber, and also see
that no person remains on the floor, unless entitled to the privileges of the same. They shall also place
on the desks of the Acting President Pro-Tempore and other members, before each meeting, the
journals containing the Proceedings of the Council, the calendars and agendas provided for in these
Rules, papers and the proposed local laws and resolutions.
5.90. Transmittal to Clerk – The Legislative Document Unit shall furnish to the Clerk of the
Council copies of all agendas, calendars, adopted local laws and resolutions.
5.110. Legislative Tracking – The Office of the Speaker shall make available on the internet
for use by the public a legislative tracking database containing the number, text, sponsorship and status
of all proposed local laws and resolutions, committee reports, agendas, calendar, hearing testimony,
transcripts, videos, committee assignments, voting records of members and other associated materials
in the public record that can practicably be made available. All proposed local laws and resolutions in
the public record as well as any information associated with each proposed local law or resolution
available through the database will be provided to the general public in a machine-readable format at
no cost and without restriction as soon as practicable, in order to facilitate public engagement with
the Council through the use of third-party software.
RULES OF THE COUNCIL 9 Effective November 19, 2020
CHAPTER VI – PROPOSED LOCAL LAWS AND RESOLUTIONS
6.00. Preparation and Presentation of Papers – The word paper when used herein shall
include all local laws, resolutions, petitions, communications from City, county and borough offices
and reports which may be proposed to the Council for action. All papers other than committee reports
shall be presented in writing, endorsed with the name of the introducer or originator, and with the
exception of committee reports, must be deposited with the Office of the Speaker before 1 p.m., at
least three business days, excluding municipal holidays preceding the meeting day.
The style of local laws shall be “Be it enacted by the Council as follows.” Every local law shall
embrace only one subject. The title shall briefly refer to the subject matter.
Every other paper shall be endorsed with a short statement of its subject matter. All proposed
local laws and resolutions are to be assigned a chronological introduction or resolution number and
shall appear on the agenda in alphabetical order according to the name of the first-named prime
sponsor, except that the Speaker’s name shall appear first. If amended, the number of the proposed
local law or resolution shall be followed by a designation beginning with the letter A, and continuing
sequentially through the alphabet with each amended version.
6.10. Local Laws; How Prepared – A local law amending or repealing any existing law shall
contain in brackets the part repealed and the new part to be inserted shall be underscored. When any
such local law is printed in the Minutes, the part repealed shall be in brackets and the new part shall
be in italics instead of being underscored. All local laws presented, whether new or of an amendatory
nature, shall state specifically the section of the law to be added, amended or repealed. The latest draft
of the proposed local law shall contain in the lower left corner the date and time of the most current
version. Committee staff shall be responsible for transmitting such version to Members for
consideration, and to post on the web site.
6.20. Sponsors – a. The first-named sponsors on all proposed local laws and resolutions shall
be deemed to be the prime sponsors. In the event the Speaker of the Council is not a prime sponsor,
the name of such member shall appear in the sequence in which such member requested to be added
as a sponsor.
b. The first-named prime sponsor’s approval shall not be necessary before the names of any
co-prime sponsor may be added to proposed local laws or resolutions. However, approval shall be
necessary where the first-named prime sponsor has so indicated. In either event, a member may add
his or her name as a sponsor after the introduction of a proposed local law or resolution by making
such request in writing to the Legislative Document Unit.
c. Certain legislative matters, as designated by the Speaker, may be introduced under the
sponsor name, “by the Committee on Rules, Privileges and Elections Committee.” Legislative matters
sponsored under such process shall continue to be assigned to the appropriate committee for its
consideration.
6.30. Papers Referred to Committee; Change of Reference – Every proposed local law or
resolution introduced shall, upon its introduction, be referred by the Speaker to a committee to
consider and report thereon. The Speaker may also refer proposed local laws or resolutions to two
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committees for their joint consideration. When a matter is jointly referred, each committee shall vote
separately on the matter and an affirmative vote of both committees shall be required in order to
report such matter to the full Council. At any time prior to the first meeting of such committee to
consider such proposed local law or resolution, such reference may be changed by the Speaker. The
first-named prime sponsor may, at any time prior to the first meeting of such committee to consider
such proposed local law or resolution, petition the Speaker to change the committee to which the
matter has been referred.
6.40. Type of Enactment – a. All enactments shall be by local law or resolution.
b. The introduction of all proposed local laws shall be accompanied by a plain language
summary of the bill which shall be posted on the Council’s legislative tracking database and updated
when the applicable bill is amended.
6.50. Fiscal Impact Statements – No proposed local law or budget modification shall be
voted on by a Council committee or the Council unless it is accompanied, on a separate form, by a
fiscal impact statement prepared by the Finance Division of the Council. Any proposed local law or
budget modification with a fiscal impact statement indicating a fiscal impact may be referred by the
Speaker to the Committee on Finance following approval by the committee to which such matter was
originally referred.
6.55 Preliminary Fiscal Estimate – A first named prime sponsor of any proposed local law
that has been introduced may request the preparation of a preliminary fiscal estimate for such
proposed local law at any time, which shall be produced within 60 days of such a request to the extent
practicable.
6.60. Legislative Drafting Services – a. The Speaker shall ensure that the Council central
staff provides legislative drafting services to all members on an equitable and confidential basis.
Confidentiality precludes Council central staff from refusing to provide legislative drafting services to
any member on the basis that similar legislation is currently being drafted.
b. Some or all of such drafting services shall be provided by a dedicated drafting unit within
Council central staff, the primary function of which is the drafting of legislation.
c. Members shall have access to a tracking database that identifies the staff member to whom
each of their requests has been assigned, and which provides the status of each such request.
d. Members shall submit all proposed local laws and resolutions and proposals for laws and
resolutions to the legislative division prior to introduction; provided that any proposed local law or
resolution submitted by any member to the Speaker’s office in conformance with the rules of this
chapter shall be deemed to have been approved by the legislative division.
e. Central staff, to the extent practicable, shall respond to requests for legislation in the order
in which they were received, providing a draft of the proposal to the requesting Member within sixty
days of the date of such request.
f. Upon request, a member may view any legal memorandum drafted by staff of the legislative
division regarding a request such member has made for legislation.
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g. Members may request amendments to legislation for which they are the first-named prime
sponsor at any time prior to such legislation receiving any committee vote. Once finalized for
consideration, such amended legislation shall be posted to the Council’s website.
CHAPTER VII – COMMITTEES
7.00. Appointment – a. Prior to the establishment of the membership of any other committee,
and after the selection of the Speaker, the Council shall elect the membership of the Committee on
Rules, Privileges and Elections. All other committees and appointments thereto shall be recommended
by the Committee on Rules, Privileges and Elections, approved by the Council and published in the
Calendar. All standing committee chairpersons shall be elected by the Council as a whole. Once
elected, a standing committee or subcommittee chairperson may be removed prior to the end of the
session without their consent only by the uncoupled vote of 2/3 of all the members. The standing
committees of the Council shall bear the following titles and possess the following substantive matter
jurisdictions:
AGING – Department for the Aging and all federal, state and municipal programs pertinent to senior
citizens.
CIVIL AND HUMAN RIGHTS – Human Rights Commission, Equal Employment Practices
Commission and Equal Employment Opportunity.
CIVIL SERVICE AND LABOR – Municipal Officers and Employees, Office of Labor Relations,
Office of Collective Bargaining, Office of Labor Services, and Municipal Pension and Retirement
Systems.
CONSUMER AFFAIRS AND BUSINESS LICENSING- Department of Consumer Affairs and
Office of Nightlife.
CONTRACTS – Procurement Policy Board, review of City procurement policies and procedures,
oversight over government contracts, Mayor’s Office of Contract Services and collection agency
contracts.
CRIMINAL JUSTICE – Department of Correction and Department of Probation.
CULTURAL AFFAIRS, LIBRARIES AND INTERNATIONAL INTERGROUP
RELATIONS – Department of Cultural Affairs, libraries, museums, Art Commission, New York
City Commission for the United Nations, Consular Corps and Protocol, Mayor’s Office of Special
Projects and Community Events, and to encourage harmony among the citizens of New York City,
to promote the image of New York City and enhance the relationship of its citizens with the
international community.
ECONOMIC DEVELOPMENT – Economic Development.
EDUCATION – Department of Education, School Construction Authority, and Charter Schools.
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ENVIRONMENTAL PROTECTION – Department of Environmental Protection and Office of
Long Term Planning and Sustainability and Office of Recovery and Resiliency.
FINANCE – Executive Budget review and Budget modification, Banking Commission,
Comptroller’s Office, Department of Design and Construction, Department of Finance, Independent
Budget Office and fiscal policy and revenue from any source.
FIRE AND EMERGENCY MANAGEMENT – Fire/EMS (non-health-related issues), and
Emergency Management Department (OEM).
GENERAL WELFARE – Human Resources Administration/Department of Social Services,
Administration for Children’s Services, Department of Homeless Services, charitable institutions, and
Division of Youth and Family Justice within the Administration for Children’s Services.
GOVERNMENTAL OPERATIONS – Municipal governmental structure and organization,
Department of Citywide Administrative Services, Office of Administrative Trials and Hearings,
Community Boards, Tax Commission, Board of Standards and Appeals, Campaign Finance Board,
Board of Elections, Voter Assistance Commission, Commission on Public Information and
Communication, Department of Records and Information Services, Financial Information Services
Agency and Law Department.
HEALTH – Department of Health and Mental Hygiene, Office of the Chief Medical Examiner and
EMS (health-related issues).
HIGHER EDUCATION – City University of New York.
HOSPITALS – Public and private hospitals, Health and Hospitals Corporation.
HOUSING AND BUILDINGS – Department of Housing Preservation and Development,
Department of Buildings and rent regulation.
IMMIGRATION – Mayor’s Office of Immigrant Affairs and other matters affecting immigration.
LAND USE – City Planning Commission, Department of City Planning, Department of Information
Technology and Telecommunications, Landmarks Preservation Commission, land use and landmarks
review.
MENTAL HEALTH, DISABILITIES AND ADDICTION – Department of Health and Mental
Hygiene (issues of mental health, developmental disability and addiction services) and Mayor’s Office
for People with Disabilities.
OVERSIGHT AND INVESTIGATIONS – To investigate any matters within the jurisdiction of
the Council relating to property, affairs, or government of New York City and the Department of
Investigation.
PARKS AND RECREATION – Department of Parks and Recreation.
PUBLIC HOUSING – New York City Housing Authority.
RULES OF THE COUNCIL 13 Effective November 19, 2020
PUBLIC SAFETY – Police Department, Civilian Complaint Review Board, Mayor’s Office of
Criminal Justice, courts, legal services, District Attorneys, and the Office of the Special Narcotics
Prosecutor.
RULES, PRIVILEGES AND ELECTIONS – Council structure and organization and
appointments.
RESILIENCY AND WATERFRONTS – Office of Recovery and Resiliency, the Office of Long
Term Planning and Sustainability as it relates to efforts to make New York City more resilient in the
face of climate change, and preparing for, responding to, and recovering from emergencies, and
matters relating to the waterfront.
SANITATION AND SOLID WASTE MANAGEMENT – Department of Sanitation and the
Business Integrity Commission.
SMALL BUSINESS – Department of Small Business Services and matters relating to retail business
and emerging industries.
STANDARDS AND ETHICS – Conflicts of Interest Board and Council Ethics.
STATE AND FEDERAL LEGISLATION – Federal legislation, State legislation and Home Rule
requests.
TECHNOLOGY – Technology in New York City, Department of Information Technology and
Telecommunications (non- land use-related issues), Mayor’s Office of Media & Entertainment, NYC
TV, and dissemination of public information through the use of technology.
TRANSPORTATION – Mass Transportation Agencies and facilities, Taxi and Limousine
Commission, Department of Transportation and New York City Transit Authority.
VETERANS – Department of Veterans’ Services and other veteran related issues.
WOMEN and GENDER EQUITY – Issues relating to advancing the economic mobility, social
inclusion, leadership and civic participation of women and girls, domestic violence, Office to End
Gender-Based Violence and the Commission on Gender Equity.
YOUTH SERVICES – Youth Board, Department of Youth and Community Development,
Interagency Coordinating Council on Youth, and youth related programs.
b. Each standing committee shall be composed of no fewer than five members.
c. The Speaker may create such subcommittees or special committees as he or she deems
necessary and appropriate.
7.10. Ex-Officio Members – The Public Advocate, Speaker, Majority Leader, and Minority
Leader, shall be ex-officio members of all committees. Ex- Officio members of committees may ask
questions and make statements, but shall not have the right to vote on matters before any committee
to which they are an Ex-Officio member.
7.20. Chairperson; Committee Members – The first-named member of each committee
shall be the chairperson and each committee member shall thereafter be listed in order of their
seniority within the dominant political party. All vacancies in committees shall be filled within sixty
days and committee chairs shall be filled within ninety days by report of the Committee on Rules,
Privileges and Elections and adopted by the Council.
7.30. Duties – Pursuant to Section 29 of the City Charter, the appropriate committees shall
perform legislative oversight of functions on a regular basis, including but not limited to review of
agency policies, programs and management, making recommendations to the Finance Committee on
agency budget requests, formulating an agenda for inquiry and investigation, holding hearings and
meetings on pending legislation and developing legislative programs. Each standing committee shall
hold oversight hearings on the Mayor’s Management Report with respect to those agencies within the
committee’s jurisdiction.
7.40. Staff – Each standing committee shall have at least one full-time staff person assigned to
it from Council central staff, as practicable. The senior counsel assigned to each committee shall be
subject to the ongoing approval of the chairperson of such committee.
7.50. Meetings – a. All committee meetings shall be held at the call of the chairperson of the
committee. The Speaker may not prevent a committee meeting called by the chairperson of a
committee from taking place except by a written finding that the topic is outside the jurisdiction of
the committee, there is a scheduling conflict at the time such meeting is called, or there are insufficient
staff resources for such meeting and such committee has already met or planned to meet once in that
month. The majority of any committee may petition, in writing, the chairperson of said committee to
call a meeting to consider the subject matter of such petition. If the chairperson of said committee
fails to call such meeting within ten days from the receipt of said petition, said majority may petition,
in writing, the Speaker, who shall issue such call.
b. No committee meeting shall be convened on the day of a stated or special meeting of the
Council unless the item to be considered by such committee, will, out of necessity, be proposed as a
General Order for that day or such committee meeting is called with the consent of two-thirds of the
members of such committee.
c. Each standing committee, except for the Committees on State and Federal Legislation,
Standards and Ethics, Oversight and Investigations, and Rules, Privileges and Elections, beginning in
the month subsequent to the first appointment of members to committees, at the beginning of the
Council term, shall meet no less than once every two months; except that the Committee on Land
Use shall meet no less than once a month; and except that no committees are required to meet during
the months of July and August. Subcommittees or special committees shall meet as needed to
complete their work.
d. Committees shall provide reasonable advance notice at least seventy-two hours where
practical of committee meetings to the public. Such notice shall be given to the news media and shall
be posted in a public location at City Hall and the web site.
e. The chairperson of each committee shall ensure that representatives of City governmental
RULES OF THE COUNCIL 15 Effective November 19, 2020
entities affirm prior to testifying at a committee meeting that their testimony is truthful to the best of
their knowledge, information and belief.
7.60. Public Hearings – a. A committee chairperson may call public hearings on any matter
referred to such committee, and at such public hearing shall maintain decorum. The chairperson shall
have general control over the Chamber, lobbies, rooms and corridors in that part of the building
assigned to the committee. The chairperson may allow public testimony on any item being considered
by the committee at that hearing.
b. No person, including but not limited to registered lobbyists, except Members of the Council
and Council staff, shall be permitted access to, or behind, the Council Member dais during a committee
hearing.
7.65. Prohibition on the Use of Mobile Telephones – The Council prohibits the use of all
mobile telephones during the course of committee meetings. The committee chairperson shall enforce
this Rule during the course of committee hearings by directing that all mobile telephones be silenced
or placed on vibrate at the start of such committee meeting, and that they not be in use during the
meeting until its conclusion.
7.70. Required Voting – a. All committee determinations, except as provided for in Rule 8.50
b., shall be on roll call vote of the majority of the entire committee, including determination on matters
requiring a greater vote for final passage by the Council. All votes shall be cast in person and in open
session, except that the Committee on Standards and Ethics shall be authorized to record its vote
while in executive session to consider a disciplinary matter pursuant to the provisions of section 105
of the Public Officers Law. Except for a voice vote as authorized by Rule 8.50 b., the result of each
roll call vote, taken during any meeting of a committee, the name of each member voting for and each
member voting against the matter, and the names of those members present but not voting shall be
made available by the Legislative Document Unit for inspection by the public at reasonable times.
Members may submit to the committee a written explanation of their absence from a committee
meeting, which shall become part of the record of such meeting.
b. Resolutions will be acted upon by a roll call vote, unless, at the discretion the Chairperson
of the Committee to which it was assigned and with approval of the Speaker, such matter maybe acted
upon through a voice vote, once a quorum of the Committee Members are present. If approved by
voice vote, such vote will be recorded by the Legislative Document Unit as being, “adopted by the
committee.” Committee Members may have a “no vote” or “abstention” recorded by the Legislative
Document Unit, by specifically requesting such from the Chairperson, at the time of the voice vote.
7.90. Committee Action – A committee may recommend to the full Council the passage,
adoption, approval or filing of any proposed local law or resolution or any other matter referred to it
for consideration. The question of the action to be taken by the committee shall be put by the
chairperson upon motion of any member, which motion shall not require a second. If a majority of
the members of the committee vote affirmatively, such proposed local law, resolution or other matter
shall be reported forthwith to the Council. If a majority of the members of the committee vote
negatively on such question, such proposed local law, resolution or other matter shall be continued
on the committee calendar until disposed of. If the committee recommends that a matter be filed,
upon an affirmative vote by the Council to file, the matter shall be removed from the Council
Calendar. The vote on all matters before the committee shall be recorded in the minutes of the
RULES OF THE COUNCIL 16 Effective November 19, 2020
committee meeting and made available to the public. Members may submit to the committee a written
explanation of their absence from such vote, which shall become part of the record of that committee
meeting during which the vote was taken.
7.100. Sponsor’s Privilege – The first-named sponsor of a proposed local law or resolution
referred to a standing committee may, at least 60 days after introduction, petition the chairperson to
schedule a committee meeting to consider such proposed local law or resolution. A meeting shall then
be scheduled within 60 days of such petition for the purpose of determining future action. At such
meeting, the sponsor shall be the first heard in support of such proposed local law or resolution. The
committee shall either vote thereon or schedule a hearing to be held within 30 days, at which hearing
a vote shall be taken if the sponsor so requests. If a proposed local law or resolution is reported
favorably by a committee and the Council does not, within 45 calendar days of such report, vote on a
motion to adopt, lay upon the table, postpone, refer or recommit such proposed local law or
resolution, it shall be in order at any stated Council meeting occurring after the expiration of the 45-
day period for the sponsor of such proposed local law or resolution to move for immediate
consideration of such proposed local law or resolution.
7.110. Supermajority Bill Sponsorship – If a proposed local law or resolution is sponsored
by at least 34 members, and such proposed local law or resolution has not received, or is not scheduled
to receive, a hearing in the committee or committees to which it has been referred, a meeting of the
committee or committees to which such proposed local law or resolution has been referred shall be
scheduled within 60 days of such threshold being reached for the purpose of determining future
action. Such meeting or meetings shall not be required if (i) the number of sponsors of such proposed
local law or resolution drops below 34 members at any point prior to the end of such 60 day time
period, or prior to such meeting or meetings, whichever is earlier; (ii) at any time, the first-named
prime sponsor of such proposed local law or resolution writes to the chair of the committee or
committees to which such legislation has been referred requesting a deferral of such meeting or
meetings; or (iii) at any time prior to such meeting or meetings a hearing is scheduled on the proposed
local law or resolution in such committee or committees.
The first-named prime sponsor may retract a deferral request by writing to the chair of the
relevant committee or committees, after which such meeting shall be scheduled within 60 days. At a
meeting held pursuant to this rule, the committee must vote on whether or not to schedule a hearing
on the proposed local law or resolution.
7.120. Participation at Committee Meetings – Committee members may question
witnesses, vote, make statements and otherwise participate in the work of a committee as a matter of
right. Such Council staff as may be designated by the chairperson may also question witnesses. Noncommittee members may question witnesses and make statements at committee meetings, except that,
while in executive session considering a disciplinary matter, the Committee on Standards and Ethics
shall limit attendance and participation to Committee members, the subject of such matter, witnesses,
and certain designated Council staff only.
7.130. Discharge of Committee – A committee may be discharged from further
consideration of any matter referred to such committee, by a majority vote of the Council. The first
sponsor of a proposed local law or resolution shall give written notice at least seven business days in
advance, to the committee chairperson and the Speaker of the intention to so move at the next Council
meeting. Such notice shall be accompanied by a memorandum in support of the motion to discharge,
RULES OF THE COUNCIL 17 Effective November 19, 2020
which shall be signed by at least seven members, including the first sponsor.
No proposed local law or resolution that has been approved by the Council for discharge from
committee shall be vote d upon at the same meeting at which the vote on the motion to discharge
occurred. In the event that any amendment to a proposed local law or resolution is adopted, the
proposed local law or resolution shall be referred back to the committee from which it was discharged.
Once a matter has been referred to a committee, it shall not be acted upon by the Council
until the committee has reported thereon or has been discharged. Notwithstanding the foregoing, a
committee to which there has been referred any matter which, by law, must be considered and acted
upon by the Council within a fixed period of time, shall, at the last stated meeting of the Council
preceding the expiration of such time, be deemed to be discharged from further consideration thereof.
A committee which has been instructed to report at a certain meeting shall be deemed to be discharged
from further consideration of the matter referred to it, unless it makes a report at such meeting or
receives from the Council a further extension of time to report.
7.140. Committee Rules – The Rules of the Council, as far as applicable, shall govern all
committees of the Council.
7.150. Subpoenas – The chairperson of a standing committee, upon majority vote of said
committee, or the Speaker, may sign a subpoena requiring a person to appear before the committee
to be examined in reference to any matter within the scope of the inquiry or investigation being
conducted by the committee or requiring the production of books, accounts, papers and other
evidence relative to the inquiry. The Speaker may sign a subpoena on behalf of a select committee or
legislative panel. In the case of a subcommittee, the chairperson of the standing committee of which
the subcommittee forms a part, upon majority vote of said standing committee, or the Speaker, may
sign a subpoena.
7.170. Executive Session – Each committee may meet in executive session pursuant to the
New York State Open Meetings Law.
CHAPTER VIII – STATED MEETINGS – PROCEDURE
8.00. Order of Business – The order of business shall be as follows, unless otherwise directed
by the Council.
1. Roll Call
2. Invocation
3. Adoption of the Minutes
4. Messages and Papers from the Mayor
5. Communications from City, County and Borough Offices
6. Presentation of Petitions and Communications
7. Land Use Call-Ups
8. Communications from the Speaker
9. Discussion of General Orders
10. Reports of Special Committees
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11. Reports of Standing Committee s
12. General Orders and other Pending Matters
13. Introduction of Local Laws and Resolutions
14. Discussion of Resolutions
15. Resolutions
16. General Discussion
17. Extension of Remarks
Messages from the Mayor may, however, be received at any time. It shall always be in order
to move to recall a local law from the Mayor or call up for consideration a report from the Committee
on Rules, Privileges and Elections.
8.10. Home Rule Requests; How Presented – Any resolution presented to the Council
calling upon the legislature of the State of New York to pass a specific bill pending before such
legislature shall be filed with the Legislative Document Unit together with ten copies of the State bill.
8.20. Admission to Floor of Council Chamber – No person, including but not limited to
registered lobbyists, shall be admitted to the floor of the Council Chamber during the stated and
special meetings except for the following individuals, who shall be permitted on the floor in those
areas as the Speaker may designate:
a. The Mayor, Deputy Mayors or employees of the Mayor’s Office of Intergovernmental
Affairs.
b. The employees of the Council and the Clerk of the Council and his or her employees as are
required by the Council to assist in the performance of its functions, including the Counsel to the
Minority Leader when required by the Minority Leader to assist in the performance of his or her duties
at such meeting.
c. Heads of City departments and agencies, when their presence is requested or required by
the Council.
d. Members of the press in the sections of the Chamber assigned for their use. Such other
persons as may be granted the courtesy of admission to the floor.
e. Former Council Members in the area of the Council Chambers designated for VIPs.
8.21. Admission to the Committee Room During Stated and Special Meetings – No
person, including but not limited to registered lobbyists, shall be admitted to the Committee room
during stated and special meetings except:
a. The Mayor or the Deputy Mayors.
b. The employees of the Council and the Clerk of the Council and his or her employees as are
required by the Council to assist in the performance of its functions.
c. Heads of City departments and agencies, when their presence is requested or required by
the Council.
RULES OF THE COUNCIL 19 Effective November 19, 2020
d. Members of the press.
e. Such other persons as may be granted the courtesy of admission to the floor.
8.30. Order of Calling the Roll – The roll call of the Council shall be in alphabetical order,
then the Minority Leader, Majority Leader and the Speaker.
8.40. Voting – a. All votes cast at stated, charter and special meetings of the Council shall be
in person. When hearing their names called, Members may pass their voting turn for up to two times,
but must have their vote recorded when called a third time.
b. Resolutions placed on the Resolution section of the Stated Meeting agenda shall be acted
upon by voice vote. If adopted, such vote will be recorded by the Legislative Document Unit as being,
“adopted by action of the council”. Council Members may have a “no vote” or “abstention” recorded
by the Legislative Document Unit at the time the matter is acted upon, by specifically requesting such
from the Presiding Officer, at the time of the voice vote.
8.50. Consideration of Resolutions – a. No resolution shall be adopted on the day of its
introduction, unless it has been considered and approved by the Committee to which it was referred.
b. Upon introduction, all Resolutions shall be referred to a Committee. Certain qualified
Resolutions, which must contain subject matter having time sensitive considerations or are general in
application, may be designated jointly by the Chairperson of the Committee to which it was assigned
and the Speaker, as an “8.50 b. Resolution”. Such designation, where practical, will allow for a prompt
hearing by the Committee to which it was assigned. At a prompt hearing, the Sponsor of such
Resolution shall move the Committee, when a quorum is present, for its immediate consideration of
the matter before it, by providing the Committee with a brief description of the merits of such
Resolution. Witness testimony shall be prohibited. At the conclusion of the Sponsor’s statement, the
Committee Chairperson shall close the hearing on this matter and, pursuant to Rule 7.70, at his or her
discretion, move to approve the matter either by roll call vote or voice vote of the Committee
Members. Resolutions that have not received an 8.50 b. designation shall continue to be considered
under applicable Rules.
c. A Committee approved Resolution, at the discretion of the Speaker, can be placed either
on the General Orders section of a Stated Meeting agenda, where it will be included as part of the roll
call vote, or on a separate section of a Stated Meeting agenda referred to as, “Resolutions”, which shall
follow, “Discussion of resolutions”, pursuant to Rule 8.00, for action by the Council. Resolutions
assigned to this section of the agenda will be considered individually and voted on, by voice vote, with
no debate or amendment. If adopted, such vote shall be recorded by the Legislative Document Unit
as being “adopted by action of the council”. Individual Council Members may have a “no vote” or
“abstention” recorded at the specific time the resolution is acted upon by requesting such of the
Presiding Officer.
8.60. Presence of Quorum; Member Silent on Roll Call – Whenever any member raises
the question as to the presence of a quorum, the presiding officer shall forthwith direct the Legislative
Document Unit to call the roll, and shall announce the result, and such proceedings shall be without
debate; but no member, while speaking, shall be interrupted by raising the question of absence of
RULES OF THE COUNCIL 20 Effective November 19, 2020
quorum, and such question shall not be raised more than once every hour, unless the absence of a
quorum be disclosed upon a roll call. Whenever, upon a roll call, any member present refuses to make
an affirmative response, it shall be the duty of the presiding officer, either upon said officer’s own
motion or upon the suggestion of any member of the Council, to request the member so remaining
silent to respond as “present”, and if such member fails to do so, the fact of such request and the
refusal shall be entered in the minutes and such member shall be counted as present for the purpose
of constituting a quorum. A majority of all Council Members shall constitute a quorum.
8.70. Call of the Council – For the purpose of securing the attendance of members, a call of
the Council may be ordered at any time, except that no such call shall be in order when the voting on
any question has begun unless it shall appear upon an actual count by the presiding officer that a
quorum is not present. If demanded by two members, the roll call shall be called upon a demand for
a call of the Council, and if a majority be recorded in the negative, a call of the Council shall not again
be in order except by unanimous consent until an hour has elapsed.
CHAPTER IX — GENERAL PROCEDURE FOR STATED
MEETINGS AND COMMITTEE HEARINGS AND MEETINGS
9.00. Absent Members; Opportunity to Indicate Position on Roll Call – Any member
may submit to the Legislative Document Unit a written explanation of his or her absence from a stated
meeting which shall become part of the record of such meeting. Any member absent from a particular
meeting or part thereof who wishes to have indicated in the record a position on a specific issue may
do so by communicating the wish to the Legislative Document Unit prior to the announcement of
the result of such vote. Such indication in the record shall not be deemed a vote but shall become part
of the proceedings.
9.10. Local Laws Disapproved by the Mayor – Proposed local laws returned with the
disapproval of the Mayor shall be referred to committee by the Speaker. The Legislative Document
Unit shall enter the objections of the Mayor thereto in the minutes of the Council. A majority vote of
the committee is necessary to report the matter favorably to the Council, and the Council shall then
proceed to consider the question, “Shall the bill pass, the objection of the Mayor notwithstanding?”
9.20. Precedence of Motions – When a question is before the Council, only the following
motions shall be received, which shall have precedence in the following order:
1. for adjournment;
2. for a recess;
3. for a quorum call of the Council;
4. to lay on the table;
5. to postpone indefinitely;
6. to postpone to a certain day;
7. to refer or recommit;
8. to amend; and
10. to the previous question.
9.30. Second Not Required – Motions made by any member of the Council, whether at a
RULES OF THE COUNCIL 21 Effective November 19, 2020
meeting of the Council or in committee, shall not require a second.
9.40. Motion to Amend to be in Writing – a. At a Stated Meeting, any Member may offer
an amendment to legislation that is being considered for a vote on the General Orders Calendar.
Before any motion to amend a proposed local law or resolution is debated, it shall be reduced to
writing, delivered to the Legislative Document Unit and read. After the reading, the Member shall
have up to two minutes to explain the amendment. Members wishing to participate in the debate shall
also be entitled to speak for up to two minutes. At the conclusion of debate, the proposed amendment
shall be voted on and, if approved, shall be added to the original legislation, which would be laid over
for a vote at a later Stated Meeting. If more than one amendment is proposed, they shall be considered
in the order made. If the amendment is voted down, the original legislation shall then be voted on.
b. All motions to amend the expense or capital budgets must be made at a Stated Meeting and
must be in writing.
c. At a committee meeting, any member of the committee may offer an amendment to
legislation that is being considered for a vote at such meeting. Before any motion to amend a proposed
local law or resolution is debated, it shall be reduced to writing, delivered to the Legislative Document
Unit at least 24 hours prior to the committee meeting, and read by the Legislative Document Unit at
such meeting. After the reading, the member shall have up to two minutes to explain the amendment.
The first-named prime sponsor of the legislation and committee members wishing to participate in
the debate shall also be entitled to speak for up to two minutes. At the conclusion of debate, the
proposed amendment shall be voted on and, if approved, shall be added to the original legislation,
which may then be voted on by the committee. If more than one amendment is proposed, they shall
be considered in the order made. If the amendment is voted down, the original legislation may then
be voted on.
9.50. Matters Always in Order – A motion to adjourn, for a recess, for a quorum call of the
Council, or to lay on the table, shall be decided without debate, and shall always be in order. Upon
such motion, no member shall be allowed to explain a vote or give the reasons for asking to be excused
from voting. No vote shall be reconsidered upon a motion to adjourn.
9.60. Separate Questions – Any member may request that a proposed local law, resolution
or other item be separated from other general orders for consideration and vote prior to
commencement of the vote on the general order calendar.
9.70. Debate Precluded – A motion to postpone or refer shall, until it is decided, preclude
all debate on the main question.
9.80. Vote Required – A quorum being present, a majority of those present at a Council
meeting shall be sufficient to decide a motion, including all appeals from rulings of the chair or other
points of order or procedure.
9.90. Withdrawal of Motions – A motion may be withdrawn by the maker of said motion at
any time before decision or amendment.
9.100. Adjournment – Except by unanimous consent, a motion to adjourn shall be put to a
roll call vote.
RULES OF THE COUNCIL 22 Effective November 19, 2020
9.110. Motion to Amend – A motion to amend an amendment, shall be in order, but one to
amend an amendment to an amendment shall not be entertained.
An amendment modifying the intention of a motion shall be in order; but an amendment
relating to a different subject shall not be in order.
On an amendment to “Strike out and insert,” the paragraph to be amended shall first be read
as it stands, then the words proposed to be stricken out, then those to be inserted, and finally the
paragraph as it will stand if so amended shall be read.
9.120. Members to Speak Only from Seat; Demand for Roll Call – No member may rise
to debate, make a motion or present a petition or paper unless in his or her regular place, and until
such member has been recognized by the presiding officer. While a member is speaking, no other
member shall create a disturbance in any manner. Once the result of a viva voce vote has been
announced by the presiding officer, a roll call vote shall be ordered only upon the demand of at least
two members.
9.130. Call for Absentees – When a roll call has been ordered, absentees shall not be called
more than once, unless requested by at least five members.
9.140. Discontinuance of Roll Call – After two roll calls for absentees, a motion to
discontinue the roll call shall be in order and may be adopted by a majority vote.
9.150. Ten Minute Rule – a. A member shall not speak more than once at a stated meeting
on the same general question until every other member desiring to be heard upon the question has
spoken. A member shall speak upon any matter for no more than ten (10) minutes at any time, except
by permission of a majority of the members of the Council.
b. A member shall not speak on any matter at a stated meeting more than three (3) times,
except by permission of a majority of the members of the Council.
9.160. Two Minute Rule – A member desiring to be excused from voting, or to explain a
vote at a stated meeting may, when his or her name is called, make a statement for no more than two
minutes, of the reasons for making such request, or for voting in such a manner, provided that if such
member has engaged in debate under the ten (10) minute rule, he or she may not explain his or her
vote.
9.170. Reconsideration of a Question – When a question has been decided, it shall be in
order for any member of the Council who voted in the majority, to move for its reconsideration, and
it shall be reconsidered upon majority vote of all members present and voting, except that no matter
shall be reconsidered more than twice. No motion for the reconsideration of any vote shall be in order
after the proposed local law, resolution, message, report, amendment or motion upon which the vote
was taken shall have gone out of possession of the Council; and no motion for reconsideration shall
be in order unless made on the same day on which the vote was taken, at the stated meeting next
succeeding, or if the Mayor has disapproved a local law, within thirty days after the Clerk of the
Council has presented the Mayor’s written objections to the Council pursuant to subdivision b of
section 37 of the Charter. When a proposed local law or resolution shall have been recalled from the
RULES OF THE COUNCIL 23 Effective November 19, 2020
Mayor by the Council, a motion for reconsideration may be made by any member who voted in the
majority on the original question or the matter may be referred to committee by the Speaker.
9.180. Debate – The chairperson of the committee reporting, or his or her designee, shall have
the option to open debate. Upon the announcement by the presiding officer that debate is closed, the
Minority Leader, or his or her designee, may be the next to the last speaker and close debate for the
minority party; the Speaker, or his or her designee, may close debate for the majority party, and shall
be the last speaker on any issue.
9.190. Questions of Priority – All questions relating to the priority of business shall be
decided without debate.
9.200. Personal Privilege – The right of a member to address the Council on a question of
personal privilege shall be limited to cases in which the member’s integrity, character or motives are
assailed, questioned or impugned.
9.210. Discussion of General Orders – Any member, when recognized by the presiding
officer, may speak on any matter on the general order calendar during the period of discussion of
general orders. Such member, with the exception of the Minority Leader may speak for no more than
a total of two (2) minutes unless permission to extend the time is granted by a majority of the members
of the Council present. The Minority Leader shall have up to five (5) minutes to speak on any matter
on the general order calendar.
9.220. General Discussion – Any member, when recognized by the presiding officer, may
speak on any issue, including any matter being introduced, during the period of general discussion.
Such member may enter written materials or prepared statements of no more than five (5) pages into
the official record or may speak for no more than a total of two (2) minutes unless permission to
extend the time is granted by a majority of the members of the Council present.
9.225. Discussion of resolutions – Any Member, when recognized by the Presiding Officer,
may speak on any Resolution on the Resolution calendar during the period of discussion of
Resolutions. Such Member may speak for no more than a total of one (1) minute unless permission
to extend the time is granted by a majority of the members present.
9.230. Extension of Remarks into the Council Record – Members a stated meeting during
the period of extension of remarks. At such meeting, copies of such materials or statements shall be
provided by such member to all other members and to the presiding officer. Such materials and
statements shall become part of the official record of the stated meeting without being read into the
record. All such supplemental written materials and prepared statements shall be printed in the official
record of the meeting under the caption “Extension of Remarks into the Council Record.”
CHAPTER X – GENERAL RULES
10.00. When Papers shall be Read – When the reading of a paper, other than a petition, is
called for, and the same is objected to by any member, the question whether the paper shall be read
shall be determined by a majority vote without debate.
RULES OF THE COUNCIL 24 Effective November 19, 2020
10.10. Automatic Removal from Consideration – When a Council Member, for any reason
whatsoever, ceases to be a member of the Council, all pending proposed local laws and resolutions
individually sponsored by such member, and all pending Mayor’s vetoes after the expiration of the
legal time limit within which the Council must act, shall automatically be filed, marked off the calendar
and removed from any consideration by the committee to which it had been referred. The Legislative
Document Unit shall prepare a list of the identifying introduction or resolution numbers for such
automatic filing, which list shall appear in the minutes under the heading “Communications from City,
county and borough offices.”
10.20. Amendment or Suspension of Rules – When recommended by the Committee on
Rules, Privileges and Elections, a Rule of the Council may be amended, suspended or rescinded or a
new rule added by the majority vote of all the Council Members. However, any Council Member may
move to suspend, amend or rescind any rule or to add a new rule, but such motion shall not be in
order without the unanimous vote of the Council, unless written notice has been given to each
member specifying the purpose of the proposed suspension, amendment, rescission or addition, at
least one week in advance, in which case a majority vote shall prevail.
10.25. Rule Advisory Opinions – Any member may request an advisory opinion from the
counsel to the Committee on Rules, Privileges and Elections with respect to questions about any
Council rule or rules, including any questions relating to compliance therewith.
10.30. Absence or Violation of Rules – In all cases of absence of members during the session
of the Council, or of the violation of any of these rules, the members present may censure or suspend
the offending member, in such manner or for such period as they deem just.
10.40. Video Coverage – The Council and its committees shall make their public meetings
and hearings available for cablecasting and broadcasting, and by live and archived webcast where
practicable.
10.50. Application of “Robert’s Rules of Order, Newly Revised” – The rules of
parliamentary procedure contained in “Robert’s Rules of Order, Newly Revised” shall govern the
Council in all cases to which they are applicable, and in which they are not inconsistent with the
standing rules and orders of the Council.
10.60. Nominations, Appointments, Designations, Recommendations: Meetings – Any
committee which schedules a meeting for the purpose of considering the nomination, appointment,
designation or recommendation of any individual pursuant to power vested in the Council shall, in its
announcement of such meeting, invite the public to be heard with respect to the qualifications of any
such individual.
10.70. Conflicts of Interest – All Council Members shall comply with the conflicts of interest
provisions of Chapter 68 of the City Charter.
10.80. Disorderly Behavior; Sanctions – a. Members of the Council shall not engage in
disorderly behavior, which shall include but is not limited to: willful violation or evasion of any
provision of law relating to such Member’s discharge of his or her official duties; commission of fraud
upon the City; conversion of public property to such Member’s own use; knowingly permitting or
RULES OF THE COUNCIL 25 Effective November 19, 2020
allowing by gross culpable conduct, any other person to convert public property; or violation of the
Speaker’s policy or policies against discrimination and harassment.
b. Upon a report by the Standards and Ethics Committee of the Council, finding that a
Member has engaged in disorderly behavior as set forth in subdivision (a) of this rule, the Council may
impose one or more of the following sanctions:
1. Denial or limitation of any right, power, or privilege of the Member; including,
but not limited to, the removal of such Member as chairperson of a committee or
as a member of a committee;
2. Reprimand;
3. Censure;
4. Fine;
5. Expulsion from the Council; and
6. Any other sanction determined by the Council to be appropriate.
c. The Committee report shall contain a statement of the evidence supporting the Committee’s
findings and a statement of the Committee’s reasons for the recommended sanction.
d. All sanctions shall be imposed by a two-thirds vote of all Members.
CHAPTER XI – RULES OF THE LAND USE COMMITTEE
11.00. Membership – The Land Use Committee shall include at least one member from each
borough.
11.10. Subcommittees – a. Jurisdiction – The Land Use Committee shall have the following
subcommittees: a subcommittee on Zoning and Franchises, a subcommittee on Landmarks, Public
Sitings and Dispositions and such others as determined by the Speaker. The Speaker shall determine
the jurisdiction of such subcommittees and shall promulgate a list, which the Speaker may amend
from time to time, of those matters within the jurisdiction of each subcommittee.
b. Acting chairs – The chair of the committee or a subcommittee may appoint a member of
the Council to act as a temporary chair to conduct a meeting in the chair’s absence.
c. Land Use Chair – The chair of the Land Use Committee shall be an ex-officio member of
all the subcommittees.
d. Scheduling subcommittee meetings – The hearings and meetings of each subcommittee
shall be held at the call of the chair of the subcommittee pursuant to the notice and other requirements
of section 11.30 and other applicable provisions of law.
e. Subcommittees to observe statutory clocks – Each subcommittee shall consider and take
action on all matters referred to the subcommittee pursuant to a schedule that will enable both the
Land Use Committee and the Council to act within any time limits for Council action prescribed by
law.
f. Discharge from subcommittees – The chair of the Land Use Committee may call-up to
the committee any matter referred to a subcommittee if a call-up is necessary to enable the committee
and the Council to act on a matter within any time limit for Council action prescribed by law. The
Land Use Committee may close the record of the public hearing on any such matter, if the record has
not already been closed by the subcommittee.
11.20. Referrals to Land Use Committee – a. Matters to be filed with the Speaker – All
matters subject to review by the Council pursuant to chapters 8, 14, 56 and 74 of the City Charter, or
other provisions of state or city law, shall be filed with the office of the Speaker. Upon filing, the
Speaker shall refer each such matter to the subcommittee that has jurisdiction over the matter in
accordance with the list provided for in section 11.10(a). All such referrals shall be made in a timely
manner in order to permit the Council to act within any time limits prescribed by law.
b. Matters subject to call-up – Matters subject to review by the Council pursuant to section
197-d(b)(3) of the City Charter, or section 20-225 or 20-226 of the Administrative Code shall be
subject to the provisions of subdivisions c and d of this section.
c. Call-up resolutions – A resolution providing for Council review of a matter pursuant to
section 197-d(b)(3) of the City Charter or section 20-225 or 20-226 of the Administrative Code shall
be introduced directly to the Council, without referral to a committee or subcommittee; provided,
however, that such a resolution may be introduced only if the resolution is sponsored by (i) the
Speaker; (ii) seven Council Members; or (iii) by the chair of the Land Use Committee pursuant to
subdivision d of this section. Such resolution may be introduced from the date the city planning
commission or the department of consumer affairs votes to approve or approve with modifications a
matter subject to the provisions of this section, to a date twenty days following the filing of such
matter with the Council. Such resolution shall not be subject to debate at a Council meeting. For the
purposes of this subdivision, an affected Council district is a district that contains real property that is
the subject of the matter to be reviewed. Upon adoption by the Council of a resolution introduced
pursuant to this subdivision, the matter that is the subject of the resolution shall be considered by the
Land Use Committee and its subcommittees.
d. Chair call ups of related matters – If a single project or development involves more than
one matter filed with the Council at approximately the same time pursuant to section 197-d(a) of the
City Charter and at least one but not all of such related matters are subject to Council review pursuant
to sections 197-d(b)(1) or (2), the chair of the Land Use Committee shall introduce directly to the
Council, without referral to committee, a resolution providing for Council review pursuant to section
197-d(b)(3) of all such related matters that are not subject to Council review pursuant to sections 197-
d(b)(1) or (2). The chair shall introduce all such resolutions promptly upon the filing of such matters
with the Council. For purposes of this subdivision, two or more matters shall be deemed to be filed
“at approximately the same time” if they are filed with the Council prior to the date on which the
Council votes, pursuant to section 197-d(c), on the first of the matters filed. A matter that is the subject
of a resolution introduced pursuant to this section shall be referred to the Land Use Committee and
RULES OF THE COUNCIL 27 Effective November 19, 2020
its subcommittees together with all related matters as a single package of related matters.
e. Council overrides of mayoral disapprovals and objections – A resolution to override a
filing by the Mayor pursuant to sections 197-d(f) or 197-d(g) of the City Charter may be introduced
by any Council Member at a Council meeting within 10 days of such filing and shall not be referred
to the Land Use Committee or its subcommittees.
11.30. Calendar and Public Notice – a. Calendar distribution – The chairs of the Land Use
Committee and the subcommittees shall cause to be prepared a regular calendar of the meetings of
the Land Use Committee and each of its subcommittees. The calendar shall be posted on the Council’s
website, electronically delivered to each Council Member, borough president and community board,
and made available to the public free of charge at City Hall. Each calendar shall indicate the meetings
of the committee and the subcommittees at which each matter is scheduled for public hearing or
consideration. The failure to include a matter in the calendar shall not bar the committee and its
subcommittees from holding a public hearing on or voting with respect to the matter, provided the
notice requirements of these rules and applicable law have been satisfied.
b. Additional meetings – The chair of the Land Use Committee may call meetings of the
Land Use Committee in addition to those meetings on the calendar, and the chair of a subcommittee
may call meetings of the subcommittee in addition to those meetings on the calendar, pursuant to the
notice and other requirements of this section and the other applicable provisions of these rules.
c. Public notice – The time and place of each Land Use Committee and subcommittee
meeting shall be posted on the Council’s website. In addition, public notice of all public hearings of
the Council, the Land Use Committee and its subcommittees required pursuant to section 197-d of
the City Charter shall be published in the City Record not less than five days prior to such hearing.
The public notice requirements of this subdivision are in addition to any other public notice
requirements of these rules and applicable law.
11.40. Public Hearings – a. Subject matter – Each subcommittee shall hold on behalf of the
Council all public hearings required by law with respect to matters referred to the subcommittee
pursuant to rule 11.20. The Land Use Committee shall hold on behalf of the Council all public hearings
required by law with respect to matters referred to the committee, which have not been the subject of
a subcommittee hearing. If a number of matters relating to a single project or development are filed
at the same time pursuant to section 197-d of the City Charter and such matters fall within the
jurisdiction of more than one subcommittee, there shall be a single hearing on such related matters.
The Speaker shall determine whether the public hearing on such related matters shall be held by the
Land Use Committee or by a subcommittee.
b. Appearances – Each person who submits an appearance form at a public hearing on an
item referred to the Land Use Committee or its subcommittees pursuant to Rule 11.20 shall be given
the opportunity to speak. The Council Member presiding at a public hearing of the Land Use
Committee or a subcommittee may establish a time limit for all members of the public speaking at
such hearing.
c. Record – The Land Use Committee and its subcommittees shall make available to all
Council Members the record of all public hearings of the committee and its subcommittees with
respect to matters referred to the committee pursuant to section 11.20. The record of a public hearing
RULES OF THE COUNCIL 28 Effective November 19, 2020
of the committee or its subcommittees shall consist of a list of the names and affiliations of the
speakers at the hearing, each speaker’s indication (on a form provided for that purpose) of support or
opposition to the matter under consideration, any written statements offered by speakers, any other
documents introduced on the record at the hearing, and any transcripts of the hearing. As far in
advance as is practicable of consideration by the full Council of any such matter, copies of the items
in the record and of materials filed with the Council pursuant to chapters 8, 14, 56 and 74 of the City
Charter, or other applicable law, shall be made available to Council Members on an ongoing basis. All
such materials and any related subcommittee and committee reports shall be made available to the
public for inspection by appointment.
11.50. Voting – a. Majority of all members required – All Land Use Committee and
subcommittee determinations shall be on the affirmative roll call vote of not less than a majority of
all the members of the committee or subcommittee excluding ex-officio members. The chair of the
Land Use Committee may vote on matters before a subcommittee only if the chair’s vote is required
to break a tie.
b. Closing hearings – Neither the Land Use Committee nor its subcommittees shall vote on
a matter until the record of any public hearing required by law on such matter has been closed by the
committee or subcommittee.
11.60. Discharge of Committee – a. Notwithstanding anything to the contrary in these rules,
the Council shall not act upon a matter referred to the Land Use Committee or its subcommittees
pursuant to section 11.20 until the committee has reported thereon, except as provided in this
section. Any matter referred to the Land Use Committee or its subcommittees for which, by law,
there is a time limit for action by the Council, shall be deemed to be discharged from further
consideration by the committee and its subcommittees at the last stated meeting of the Council
preceding the expiration of such time limit.
b. Withdrawal – A matter filed with the Council shall be deemed withdrawn if the applicant
files or causes the filing of a written statement that the application is withdrawn with the chair of the
subcommittee or committee to which the matter was referred, the staff of the Land Use Committee,
the Speaker of the Council, or the Council Member representing the affected district. Such statement
may be submitted by e-mail. Upon the filing of such a statement, the application in question shall be
void, the committee and its subcommittees shall be discharged from further consideration of the
matter, and no further processing of such application shall be undertaken by the Council. The Council
may vote to file a matter discharged pursuant to this subdivision at any subsequent stated meeting.
c. Record closed upon discharge – Upon discharge of a matter from the Land Use
Committee pursuant to this section, the record of the public hearing on such matter shall be deemed
closed if the record has not been closed by the committee.
11.70. Action by Resolution Action – The Council shall act by resolution with respect to all
matters subject to review by the Council, pursuant to chapters 8, 14, 56 and 74 of the City Charter or
otherwise subject to the review of the Land Use Committee pursuant to Rule 11.20.
11.80. Time Provisions – If the time period for Council action set forth in any applicable
provision of law ends on a Saturday, Sunday or public holiday, the expiration date shall be extended
until the next business day in accordance with the provisions of Section 20 of the New York State
RULES OF THE COUNCIL 29 Effective November 19, 2020
General Construction Law.
11.90. Conflicts with Rules of the Council – In the event of a conflict between the Rules of
the Land Use Committee in this chapter XI and the other chapters of these rules chapter XI shall
govern with respect to the Land Use Committee and its subcommittees.

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