At the last meeting of the Herkimer County Legislature, legislators were not given the opportunity to speak at the end of the meeting, like they have had the opportunity to do at all meetings since many of the senior legislators can remember.
Speculation surfaced about comments from legislators being stifled. However a meeting of the Administration and Veteran’s Affairs Committee on Wednesday tried to clear that up.
Little did many of the legislators know, it is not in the rules of the legislature to allow legislators to speak at the end of a meeting.
Rule 6 of the rules states the following: The Order of Business of each session of the Legislature shall be as follows:
1. Pledge of Allegiance to the flag of the United States.
2. Roll call of members.
3. Reading of minutes of preceding session.
4. Reading in full of claims disallowed by Auditor and presented by claimants for audit by the Legislature.
5. Comments by residents.
6. Presentation of petitions, communications and notices.
7. Unfinished business.
8. Reports of standing committees.
9. Reports of special committees.
10. Resolutions and motions.
11. Special orders of the day.
County Attorney Robert Malone pointed out that comments by legislators is not included in the order of business.
“There has been unanimous consent of the legislators for all these years to allow the legislators to speak at the end of the meeting,” Malone said.
That means none of the legislators have objected to allowing legislators to speak.
Committee members and other legislators who attended the meeting then wondered why there were no comments at the last meeting.
Malone explained that there was a motion to adjourn, which was seconded and approved by a majority of the legislature.
“A motion to adjourn takes top precedence over anything,” Malone said. “There can be a motion at any time to adjourn and if it’s seconded and passed by a majority of the legislature, that carries.”
Rule 16 of the rules of the Herkimer County Legislature lists the order in which motions have precedence, and number one is “for an adjournment of the Legislature.”
 Malone said that whatever the committee decided to do, they should think about it carefully.
“You have to decide what to put in the rule and the language to use,” Malone said.
Malone said that a legislator who may be upset about a certain resolution could open it back up during the comment period, which shouldn’t be done since it’s already been passed.
“It makes sense to have (the comment period) since you’ve been doing it for so long,” Malone said. “And any member of the legislature can call a point of order at any time if they think someone is out of line.”
Malone also added that someone can make a motion to adjourn at any time during the comment period and if it’s seconded and passed, it would end the discussion.
“I do agree we need a chance to talk,” Legislator John Piseck said. “So let’s try out something and then if it doesn’t work meet again and change it.”
A motion was then made and seconded to add a number 12 to Rule 6 of the rules of the Herkimer County Legislature, which would state, comments by legislators.
The resolution to change the rules will go before the full Herkimer County Legislature at next Wednesday’s meeting.
Malone said since the resolution would most likely be passed, there could be comment by legislators at the end of that meeting.
Also discussed at Wednesday’s meeting was Rule 18D, which states: Any committee appointed by the Chairman of this Legislature shall have the power to make its own rules as to time, place and procedure of its meetings.
Malone said this allows committees to set up its own rules for each committee meeting and currently does not state that all members of the legislature are to be invited to each committee meeting.
There was a motion and second to add to Rule 18D that notifications are to be sent out to all legislators of each committee meeting.
That resolution to change the rule will also go before the full legislature on Wednesday.
Herkimer County Administrator James Wallace said that he would like to put together a sub-committee that will take on the task of going through all the rules of the Herkimer County Legislature since they have not been updated in many years.
Going through the rules will be a three to four month process, he said.