CITY OF WORCESTER

Municipal and Legislative Operations Committee Meeting

Wednesday, July 17, 2024

Esther Howland (South) Chamber

Convened: 5:05 P.M.

Adjourned: 6:45 P.M.


Mayor
Joseph M. Petty

 

www.worcesterma.gov

 

Clerk of the City Council
Nikolin Vangjeli

Committee Members

Chairperson Morris A Bergman
Vice Chairperson Luis A Ojeda
Councilor Donna M Colorio
 

City Hall - 455 Main Street Worcester, Massachusetts


Present Were:Chairperson Councilor Morris A. Bergman Councilor Luis A. Ojeda Councilor Donna M. Colorio
 
Also:Councilor Khrystian E. King Deputy City Solicitor Alexandra Kalkounis City Clerk Nikolin Vangjeli Deputy City Clerk Clare M. Robbins, clerk
 
1.

Virtual Attendee Call-In Information

1a.

Pursuant to Chapter 20 of the Acts of 2021 and in order to ensure active, public engagement, the City of Worcester currently allows for both in-person and remote participation at all City Council and Standing Committee meetings. To partake in the meeting, you may attend the meeting in-person within the meeting location, follow the below link to join via Zoom or dial the direct line as indicated. If you join a Zoom meeting by dialing in with a phone number, you can raise your hand by dialing *9. Municipal and Legislative Operations Committee Zoom Link: https://us06web.zoom.us/j/93823030890 Municipal and Legislative Operations Committee Zoom Phone Number: (929) 205 6099 Municipal and Legislative Operations Committee Zoom Access Code: 938 2303 0890

Attachments
2.

Approval of the Minutes

2a.

Order - That the City Council Standing Committee of Municipal and Legislative Operations hereby approves the minutes of the Municipal and Legislative Operations Committee meeting of June 6, 2024.

View Agenda

Chairperson Councilor Bergman read the item and moved for a roll call vote to adopt the item. Order adopted on a roll call vote of 3 Yeas and 0 Nays

3.

Miscellaneous Items

3a.

Order of Councilor Donna M. Colorio - Request Standing Committee on Municipal and Legislative Operations review the Rules of the City Council Section titled “Conduct of Council Meetings,” including but not limited to Rules 21, 22 and 35, in an effort to determine whether any amendments to the Rules of City Council would better ensure all speaking portions of City Council meetings are done efficiently and in a procedurally accurate manner. # 19a CC May 28, 2024

Attachments

Chairperson Councilor Bergman read the item and recognized the following speaker:
1. Tom Marino, Oxford resident, spoke in opposition to the item

Chairperson Councilor Bergman recognized Councilor Colorio, who discussed the intent of her Order, including her desire to discuss best practices to make City Council meetings more efficient, such as enforcement of City Council Rules and displaying a timer to all speakers at each meeting.

Chairperson Councilor Bergman recognized Councilor Ojeda, who discussed whether the allotted time for each speaker includes an opportunity to respond to questions raised by City Council.

Chairperson Councilor Bergman brought forth the following Chairman’s Order: Request City Clerk provide City Council with a report concerning best practices used in other municipalities relative to tracking the time of speakers at public meetings. Said report should include any existing technology in the Worcester City Council Chamber.

Chairperson Councilor Bergman recognized Councilor King, who discussed the existing time tracking process, technologies already located in the Esther Howland Chamber, and the importance of not limiting civic engagement.

Chairperson Councilor Bergman recognized the Deputy City Solicitor, who discussed time tracking technologies and practices available to the City Council.

Chairperson Councilor Bergman then discussed whether Rule 21 should apply to Finance Committee meetings, as well as the procedural motion to allow for the enforcement of Rule 21 at Finance Committee meetings with the Deputy City Solicitor, Councilor Colorio and Councilor Ojeda.

Chairperson Councilor Bergman brought forth the following Chairman’s Order: That the Rules of City Council of the City of Worcester be and are hereby amended to amend Rule 21 to read as follows: Rule 21. No Speaking for More Than Five Minutes. After being recognized by the chair no councilor shall speak for more than five (5) minutes at a time nor more than ten (10) minutes total on any agenda item, or a group of calendar items taken collectively, at any City Council or Standing Committee on Finance meeting. The chair may grant additional time to any councilor if comments made by the city manager or other individuals in response to questions have taken an unusual amount of time. The chair shall make note of the time each member is recognized. Whenever any member substantially exceeds five minutes during their first time speaking on an item, the chair may rule that the member is being allocated his or her second five minutes and the member shall be deemed to have waived his or her right to speak twice on an item.

Chairperson Councilor Bergman recognized Councilor Colorio, who discussed making efforts to understand the Rules of City Council and striving to ensure meetings run more efficiently.

Chairperson Councilor Bergman recognized Councilor Ojeda, who discussed the chair’s authority to suspend the rules and allow for people to speak for more than two times with the Deputy City Solicitor.

Chairperson Councilor Bergman discussed the intent of Rule 35 with the Deputy City Solicitor.

Chairperson Councilor Bergman recognized Councilor Colorio, who discussed limiting discussion on an item before it is sent to committee.

Chairperson Councilor Bergman recognized Councilor Ojeda, who discussed the importance of holding discussions on items at the Standing Committee level.

Chairperson Councilor Bergman brought forth the following Chairman’s Order: Request City Council ensure the chairperson of each meeting consider reading Rule 35 after introducing each council order to determine whether any City Councilor wishing to speak on the item wishes to oppose the item, or to request clarification of the item, or to offer an amendment to the item or to amend the motion of referral. Further, request City Council ensure no other form of debate be had on such a council order.

Chairperson Councilor Bergman recognized the Deputy City Solicitor, who discussed the Open Meeting Law and a chairperson’s authority to postpone public comment on an item that has been tabled under privilege.

Chairperson Councilor Bergman recognized Councilor Colorio, who discussed posting public announcement on items that have been tabled under privilege prior to the meeting on the city’s website.

Chairperson Councilor Bergman recognized Councilor Ojeda, who discussed informing the public of changes made to the agenda, including an irregular meeting time.

Chairperson Councilor Bergman discussed providing sign-in sheets for members of the public when an item has been tabled under privilege and the feasibility of preventing members of the public from speaking twice on an item with the Deputy City Solicitor.

Chairperson Councilor Bergman recognized Councilor Colorio, who discussed the chairperson’s authority related to suspending the rules to provide additional time for public participation with the Deputy City Solicitor.

Chairperson Councilor Bergman recognized Councilor Ojeda, who discussed allowing members of the public to speak more than once on an item on instances where new information has been received and/or the person has changed their opinion concerning an item.

Chairperson Councilor Bergman recognized the Deputy City Clerk, who discussed Rule 38 as relates to Rule 29 ( C ) concerning the chairperson’s authority to delay or postpone public comments on an item that has been tabled under privilege with the Deputy City Solicitor.

Chairperson Councilor Bergman recognized Councilor Colorio, who discussed setting a deadline for City Councilors to submit their requests to hold items under privilege for the purposes of posting said requests to the public before meeting so members of the public who wish to speak on the items can be informed.

Chairperson Councilor Bergman recognized Councilor Ojeda, who discussed sending notification people on the email list for the city council agendas, petitioners and the public concerning items that have been tabled under privilege with the Deputy City Clerk.

Chairperson Councilor Bergman recognized Councilor Colorio, who discussed including a provision for people to check back to the website to see whether an item has been tabled under privilege or not.

Chairperson Councilor Bergman recognized the Deputy City Solicitor, who discussed whether it would be an Open Meeting Law violation to inform people to check the website to see whether an item has been held under privilege before the city council meeting.

Chairperson Councilor Bergman recognized the City Clerk, who discussed feasibility of informing the public of items that have been tabled under privilege before the meeting, the average number of items that were held under privilege at each meeting.

Chairperson Councilor Bergman brought forth the following three (3) Chairman’s Orders: 1) Request City Clerk provide City Council with a report concerning best practices used in other municipalities relative to how City Councilors use personal privilege to hold an item, including the timeframe for when such a hold is processed; 2) Request City Clerk provide City Council with a report concerning how many items were held using personal privilege prior to each City Council meeting in 2023, as well as and how many items were held by personal privilege during each meeting during the same timeframe; and 3) Request City Clerk work with the Chief Information Officer to review technology and strategies available for alerting residents when a City Councilor provides advanced notice of their intent to hold an item under personal privilege.

Chairperson Councilor Bergman recognized Councilor Ojeda, who discussed posting signage in City Hall to inform people of items that have been held under privilege.

Chairperson Councilor Bergman moved for a roll call vote to recommend the item be held.

Recommend Hold on a roll call vote of 3 Yeas and 0 Nays

Chairman's Orders

Request City Clerk provide City Council with a report concerning best practices used in other municipalities relative to tracking the time of speakers at public meetings. Said report should include any existing technology in the Worcester City Council Chamber.

That the Rules of City Council of the City of Worcester be and are hereby amended to amend Rule 21 to read as follows: Rule 21. No Speaking for More Than Five Minutes. After being recognized by the chair no councilor shall speak for more than five (5) minutes at a time nor more than ten (10) minutes total on any agenda item, or a group of calendar items taken collectively, at any City Council or Standing Committee on Finance meeting. The chair may grant additional time to any councilor if comments made by the city manager or other individuals in response to questions have taken an unusual amount of time. The chair shall make note of the time each member is recognized. Whenever any member substantially exceeds five minutes during their first time speaking on an item, the chair may rule that the member is being allocated his or her second five minutes and the member shall be deemed to have waived his or her right to speak twice on an item.

Request City Council ensure the chairperson of each meeting consider reading Rule 35 after introducing each council order to determine whether any City Councilor wishing to speak on the item wishes to oppose the item, or to request clarification of the item, or to offer an amendment to the item or to amend the motion of referral. Further, request City Council ensure no other form of debate be had on such a council order.

Request City Clerk provide City Council with a report concerning best practices used in other municipalities relative to how City Councilors use personal privilege to hold an item, including the timeframe for when such a hold is processed.

Request City Clerk provide City Council with a report concerning how many items were held using personal privilege prior to each City Council meeting in 2023, as well as and how many items were held by personal privilege during each meeting during the same timeframe.

Request City Clerk work with the Chief Information Officer to review technology and strategies available for alerting residents when a City Councilor provides advanced notice of their intent to hold an item under personal privilege.

3b.

Petition of Gordon T. Davis request the Rules of City Council concerning petitions be amended so that the issues of the word "order", the procedures for mootness and the meaning of the word "personalities" are clarified in the revisions. Further, request the Rules of City Council be rewritten in plain English and Spanish to make explicit and clear what is prohibited for the City Council agenda. Further, request City Council request City Clerk make public a list of all denial of applications to petition City Council and the reason for the denials from January 1, 2022 to December 31, 2023. # 9r CC January 9, 2024

Attachments

Chairperson Councilor Bergman read the item and recognized the following speaker:
1. Gordon Davis, Worcester resident, spoke in favor of the item

Chairperson Councilor Bergman recognized the Deputy City Solicitor, who discussed the definition of the term “personalities” as described in Robert’s Rules of Order and as interpreted by the Law Department.

Chairperson Councilor Bergman then discussed the timeline concerning the provision of the rules of city council in plain English and Spanish with Speaker #1.

Chairperson Councilor Bergman recognized Councilor Ojeda, who discussed process concerning petition submission and review and assistance offered to petitioners relative to said process with the City Clerk.

Chairperson Councilor Bergman recognized Speaker #1, who discussed the petition submission and review process and other ways in which the petitioner can bring forward the petition to City Council with the Deputy City Solicitor.

Chairperson Councilor Bergman recognized the City Clerk, who discussed amending the petition form to provide information concerning the steps the petitioner can take if their petition has been denied.

Chairperson Councilor Bergman recognized Councilor Colorio, who discussed providing information concerning a follow-up process for petitions that have been denied.

Chairperson Councilor Bergman recognized the City Clerk, who discussed bringing forth communications concerning a list of denied petitions and reasons for denial.

Chairperson Councilor Bergman recognized Councilor Ojeda, who discussed the follow-up process for petitions that have been denied with the City Clerk and Speaker #1.

Chairperson Councilor Bergman recognized the Deputy City Solicitor, who discussed the rule concerning the Clerk’s authority to deny petitions.

Chairperson Councilor Bergman brought forth the following two (2) Chairman’s Orders: 1) Request City Manager request City Solicitor provide City Council with the definition of the term “personalities,” as described in Robert’s Rules of Order; and 2) Request City Clerk make available a Spanish translation of the Rules of the City Council on the city’s website once the rules are finalized.

Chairperson Councilor Bergman recognized the City Clerk, who discussed providing information concerning the next steps the petitioner can take once a petition has been denied and the needs for further discussion with the Law Department concerning rules concerning the petition process for the City Council and members of the public with the Deputy City Solicitor.

Chairperson Councilor Bergman brought forth the following Chairman’s Order: Request City Clerk work with the City Solicitor to provide City Council with a report clarifying Rule 11 as it relates to denying petitions, as well as challenges to the denial of said petitions through the City Clerk’s Office and the Law Department.

Chairperson Councilor Bergman moved for a roll call vote to recommend the item be held.

Recommend Hold on a roll call vote of 3 Yeas and 0 Nays

Chairman's Orders

Request City Manager request City Solicitor provide City Council with the definition of the term “personalities,” as described in Robert’s Rules of Order.

Request City Clerk make available a Spanish translation of the Rules of the City Council on the city’s website once the rules are finalized.

Request City Clerk work with the City Solicitor to provide City Council with a report clarifying Rule 11 as it relates to denying petitions, as well as challenges to the denial of said petitions through the City Clerk’s Office and the Law Department.