Public Participation Policy

Whereas Town Law Section 63 authorizes the Town Board to determine the rules of its procedure;

Whereas the Town Law Manual Section 4-5 B.(1) states, “The town board may invite and permit residents of the town to participate therein so long as such participation is orderly and constructive and does not interfere with the business and purpose of the meeting.”

Whereas the Town Law Manual Section 4-11 A.(2)(d) states, “Any persons speaking to the town board with the consent of the supervisor should address their remarks to the town board, not to other members of the audience in the form of a debate. Also, no person has the right to demand an answer to a specific question from a member of the board. All such questions shall be directed to the supervisor, who may either answer them or refer the questions to the town attorney, if present, or to a town board member.”

Whereas the Town Law Manual Section 4-11 A.(2)(c) recommends, “The rules should only be strictly enforced if there appears to be an angry mob present and the board desires that things do not get out of hand.”

Whereas towns in New York have been organized with an elective legislative body, the town

board. In this legislative body is placed the responsibility for making the present-day

decisions.

Whereas, only in special instances defined by law is a vote of the inhabitants of the town permitted and, therefore, in New York state government by representation is still the rule and direct action by the people is the exception.

Whereas, the members of the Candor Town Board recognize that whenever they vote on a proposal before a town board, he or she is representing, through that vote, the views of all of the residents of the town. Thus, a high personal responsibility rests on individual town board members that they exercise careful consideration in making important decisions which will

affect the lives of town residents and businesses.

Whereas the Town Board of Candor desires the residents to the Town to be fully informed and involved in the Town Board’s decision making;

Therefore, be it resolved that the residents of the Town of Candor are encouraged to attend and actively participate in Town Board meetings so long as such participation is orderly and constructive and does not interfere with the business and purpose of the meeting.  Orderly and constructive means, among other things, no personal attacks.

Lengthy presentations should be given to Board members in writing before the Board meetings.  The Board will read and acknowledge input from Town Residents but makes no promise to take action.  It is up to Board members to use their own judgment in order to represent the entire Town.

Otherwise, participation may be restricted to the fullest extent allowed by law. This could include limiting speaking time, or in extreme cases asking someone to leave the Board meeting.