BY LEV D. ZILBERMINTS
While Newark residents and activists unanimously say the Municipal Council members abuse their authority, Council members say activists are ignorant of Municipal Council Rules which govern Council meetings.
Council President LaMonica McIver asked Acting City Clerk Kecia Daniels to email “Local Talk” a copy of Municipal Council Rules. These rules, a thirteen-page document that was adopted in 2012 and revised in 2019, show that legally, the Municipal Council is within its rights to regulate Council meetings.
According to Rule I, “Except as may be provided in the charter, all questions or order, the methods of organization and the conduct of business of the Municipal Council shall be governed by Roberts Rules of Order, Newly Revised in all cases to which they are applicable as determined by the City Clerk as parliamentarian for the Municipal Council and in which they are not inconsistent with the following rules of the Council.”
Thus, Rule I plainly states the Roberts Rules of Order, Newly Revised, govern Council meetings. Moreover, the City Clerk is the Parliamentarian of the City Council.
According to Rule VII, “The President of the Council shall preserve strict order and decorum at all regular and special meetings and conference meetings of the City Council.”
Obviously, if people keep shouting at each other, no business can take place. Thus, Rule VII charges the President of the City Council with preserving strict order and decorum at every meeting of the City Council. Activists say that the Council President is overstepping the law; the Council President says she is not.
According to Rule VIII, “The City Clerk or his designee in his absence shall act as parliamentarian and shall advise and assist the Presiding Officer in matters of parliamentary law.”
Research done by “Local Talk” showed that in numerous other cities across the country, the City Clerk was the Parliamentarian of the Municipal Council.
Ms. Parker told “Local Talk” that with the retirement of former City Clerk Ken Louis, “his office followed directives from the mayor and compromised separation of Executive and Legislative branches.”
According to Rule XVII, “Notwithstanding the separation of powers between the Executive and Legislative branches of the Newark Municipal government under state law, the Municipal Council may request through the Mayor or Business Administrator that representatives of the City Administration be present during all Hearings of Citizens sessions.”
According to Rule XVIII, “The speaker shall face forward and all remarks shall be addressed to the Presiding Officer and Municipal Council as a body and not to an individual Council member or the audience. A Municipal Council member shall not interrupt a speaker during his speaking time, except the presiding officer for parliamentary purposes only.
“…A speaker must at all times conduct himself in a manner which avoids disorderly conduct or behavior, not make comments that are excessively loud or disruptive, obscene or otherwise in violation of applicable law, or make statements directed at Council members or City Officials that are defamatory or malicious. The presiding officer may interrupt or terminate any individual’s speaking privilege if these rules are violated or further may prohibit requests from such individuals to register and speak at future Municipal Council meetings, in accordance with Rule XVI.”
According to Rule XIX, Section D, “The Chief of the Police Department or her designee(s) shall be the Sergeant-at-Arms of the Municipal Council meetings. She shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Municipal Council meetings.”
Lisa Parker told “Local Talk” that, “this administration has now militarized the council chambers with police officers in riot gear as a way to intimidate residents that speak out.” Yet from reading the Municipal Council Rules it is clear that the police are there to enforce order.
