[1]
Editor’s note–Former section 1.20.002, pertaining to excused absences and removal for unexcused absences and deriving from Ordinance O-857-07 adopted 10/1/07, was superseded and deleted by Ordinance O-28-10 adopted 12/6/10. These provisions can now be found in section 1.20.035(7). The remaining section in this division was renumbered at the editor’s discretion.
(a)
All
applicants must complete an application for board, commission and
committee appointment. The application must be completed and submitted
to the city manager by the appropriate deadline.
(b)
The
city council shall review the applications for board, commission and
committee appointment, and may conduct applicant interviews.
(c)
Any
appointed member of a board, commission or committee may submit an
application for appointment to a different board, commission or committee
without forfeiting membership as a member of the initial board, commission
or committee. However, acceptance of a position as a member of a new
board, commission or committee shall result in automatic resignation
of any previously held board, commission or committee membership.
(Ordinance O-857-07 adopted 10/1/07)
Any member of a board, commission or committee may be removed
by the city council on the grounds of incompetency, corruption, misconduct,
malfeasance in office, ineffectiveness or causing embarrassment to
the city after being provided with written notice and an opportunity
for a requested hearing. The request for a hearing must be filed within
ten (10) days of receipt of the written notice or the hearing shall
be considered to be waived.
(Ordinance O-857-07 adopted 10/1/07)
The chair of the appointed board or commission shall be elected
from among the body appointed by the city council, and said election
shall be held at the first meeting after the annual appointment of
the members of any board or commission or upon the appointment of
the vacancy of the chair position, after the new appointees are sworn
in, or as soon thereafter as is practicable. The chair shall preside
over the meetings of said board or commission, shall preserve order
and decorum, may speak on all questions and may vote, but shall have
no veto power. It shall be the responsibility of the chair at each
meeting to ensure that the board or commission deliberates and takes
action only upon the matters that are posted on the agenda for that
meeting.
(Ordinance O-28-10 adopted 12/6/10)
At the first meeting after the annual appointment of members
of any board or commission and all newly appointed members are sworn
in, or as soon thereafter as is practicable, the board or commission
shall elect a vice-chair from among its members. The vice-chair shall
act in the absence, illness, or failure or refusal of the chair to
act.
(Ordinance O-28-10 adopted 12/6/10)
(a)
Regular meetings of the planning and zoning commission.
Regular meetings shall be held as often as business necessitates
or as prescribed by the city charter. Executive sessions and public
hearings shall be held as needed and as authorized, and notice of
such meetings shall be given in accordance with law.
(b)
Regular meetings of the zoning board of adjustment, parks and recreation
board and any other duly appointed board or commission.
Regular meetings shall be held as prescribed by this article.
(c)
Special meetings.
Special meetings may be requested
through the city manager or his or her designee. Notice of special
meetings shall be given by the city secretary personally to each member
of the board or commission, respectively, by notice left at such person’s
residence, voice mail or email message when possible. The time, place,
and purpose of such meetings shall be stated in each instance in accordance
with the Texas Open Meetings Act and any other applicable law.
(d)
Workshop meetings.
Workshop meetings may be requested
through the city manager or his or her designee. The purpose of a
workshop meeting shall be to discuss in detail, or explore in depth,
matters of particular interest to the city or the specific board or
commission. The public and staff may not participate in the discussions
at a workshop meeting unless invited to do so by the board or commission.
No formal action shall be taken at a workshop meeting. The time, place,
and purpose of such meetings shall be stated in each instance in accordance
with the Texas Open Meetings Act and any other applicable law.
(Ordinance O-28-10 adopted 12/6/10)
(a)
The
city manager or his or her designee shall establish the agenda for
each board or commission meeting. The chair shall be apprised of the
agenda prior to posting.
(b)
Any
board or commission member desiring that a particular item be placed
on the respective agenda shall contact the city manager or his or
her designee or city secretary on or before 1:00 p.m. on Monday of
the week preceding the scheduled meeting. The board or commission
member requesting the agenda item shall be responsible for the agenda
briefing or presentation of the item at the meeting. Any staff assistance
should be requested through the city manager or his or her designee.
Completed agenda items must reach the city manager or his or her designee’s
office by Monday at 1:00 p.m. of the week preceding the scheduled
meeting in order to ensure proper review time. The final documents
shall be submitted to the city secretary’s office at city hall
by 1:00 p.m., Wednesday, of the week preceding the scheduled meeting.
(c)
Any
resident of the city or any member of the city staff may request,
in writing, that an item be placed on a board or commission agenda,
with the exception of the zoning board of adjustment, by submitting
a request to the city manager or his or her designee. The city manager
or his or her designee shall determine whether to place the item on
the agenda.
(d)
Once
an item is placed on an agenda which has been posted in compliance
with the 72-hour deadline, it may not be removed from the posted agenda
but may be pulled at the meeting by the person who requested the item,
or by action of the board or commission at the meeting for which the
item is posted.
(Ordinance O-28-10 adopted 12/6/10)
The board or commission may determine its own rules of procedure
and may compel the attendance of its members.
(1)
Board or commission members.
(A)
Boards and commission members are appointed by the city council and
may be removed at any time, with or without cause, by a simple majority
vote of the full council either upon its own motion or upon the formal
recommendation from the board or commission.
(B)
Each board or commission member shall, while the respective meeting
is in session, occupy his or her assigned seat, and if away, shall
not be allowed to speak or vote on any matter before the board or
commission by telephone, electronic mail or other means of communication.
(C)
During meetings, the chair and board or commission members shall
assist in preserving order and decorum and shall neither by conversation
nor otherwise delay or interrupt the proceedings nor refuse to obey
the orders of the chair or the rules of the city. Neither the chair
nor any member of a board or commission shall speak in a demeaning
or disrespectful manner about or to any applicant, witness, staff
member, or member of the public in attendance at the meeting.
(D)
After recognition by the chair, each board or commission member may
speak at any time with respect and courtesy to other members, visitors,
and the chair. The chair shall ensure that all members desiring to
speak may do so, including him/her. If the chair is in debate with
another board or commission member, the chair shall restrain his or
her prerogative so as not to limit a response from the other member.
(E)
A board or commission member desiring to speak shall address the
chair by hand or voice signal, and upon recognition by the chair,
shall confine discussion to the question under debate, avoid discussion
of personalities and indecorous language, and shall refrain from personal
attacks and verbal abuse. The chair shall recognize each member desiring
to speak, in the order of request, unless a member’s comments
have become disruptive, confrontational, or disorderly.
(F)
A board or commission member desiring to question a member or members
of city staff shall address questions to the city manager or his or
her designee, who shall be entitled either to answer the inquiries
or to designate another member of city staff for that purpose. The
board or commission member shall not berate nor admonish staff members
in open session.
(G)
A board or commission member, once recognized, shall not be interrupted
while speaking unless called to order by the chair or a point of order
is raised by another member, or unless the speaker chooses to yield
to questions from another member. If a board or commission member
is called to order while speaking, that member shall cease speaking
immediately until the question of order is determined. If ruled to
be in order, the member shall be permitted to proceed. If ruled to
be not in order, the member shall remain silent or make additional
remarks only for the purpose of complying with decorum rules of the
city.
(H)
If a member in debate transgresses the rules, the chair shall, or
any member may, call him/her to order. Should the chair fail to do
so, a majority vote of the remainder of the board or commission shall
require him/her to enforce the procedures.
(I)
Members and chairs of boards and commissions should conduct themselves
at all times in a manner that reflects positively on the city.
(2)
Citizens and other visitors participation in meetings.
(A)
Citizens and other visitors are welcome to attend all public meetings
of the board and commissions and will be admitted to the council chambers
or other room in which the board or commission is meeting in open
session up to the fire safety capacity of the room.
(B)
Any person desiring to address a board or commission during a regular,
special or workshop meeting shall fill out a visitor’s card
provided by the city prior to the meeting. The card shall contain,
at a minimum, the person’s name, address, and the topic on which
he or she wishes to speak. Visitors shall give their completed sheets
to the city secretary prior to the convening of the meeting. Cards
shall not be accepted after the meeting has convened unless invited
or approved by a majority of the board or commission. Visitors shall
observe the rules of decorum and courtesy and shall speak only upon
recognition of the chair.
(C)
Public comment may be allowed regarding subjects on the agenda or
not on the agenda, but no formal action be taken or deliberation of
the board or commission conducted on any issue not on the agenda.
The chair or a majority of the board or commission may set a uniform
speaking time limit per speaker. The speakers will be called in the
order their visitor’s cards are received.
(D)
No one except board or commission members and officers and employees
of the city in the discharge of their official duties shall be permitted
to participate in the deliberations of the board or commission concerning
agenda items. Members of the public may not participate in deliberations
of the board of commission regarding items on the agenda or during
a workshop meeting unless invited to do so.
(E)
Members of the public may not address or be present during any executive
session unless such presence is allowed by law and the person is invited
to be present by the chair or majority of the board or commission.
(F)
Public hearings may be held as determined by the city manager or
his or her designee or as required by the laws of the state and citizens
shall be given the opportunity to speak for or against an item after
being recognized by the chair in accordance with the procedures outlined
above.
(G)
Everyone attending the meeting will refrain from private conversations
while the meeting is in session.
(H)
Citizens and other visitors attending board or commission meetings
shall observe the same rules of propriety, decorum and good conduct
applicable to members of the board or commission. Any person making
personal, impertinent, profane or slanderous remarks or who becomes
boisterous while addressing the board or commission or while attending
the meeting shall be removed from the room if the sergeant-at-arms
is so directed by the chair, and the person shall be barred from further
audience before the board or commission during that session of the
board or commission. If the chair fails to act, any member of the
board or commission may move to require enforcement of the rules,
and the affirmative vote of a majority of the board or commission
shall require the chair to act.
(I)
Unauthorized remarks from the audience, stamping of feet, whistles,
yells, and similar demonstrations shall not be permitted by the chair
who may direct the sergeant-at-arms to remove offenders from the room.
Aggravated cases shall be prosecuted on appropriate complaint signed
by the chair. In case the chair shall fail to act, any member of the
board or commission may move to require enforcement of the rules,
and the affirmative vote of the majority of the board or commission
shall require the chair to act.
(J)
No cards, banners, or signs shall be permitted in the council chamber
or in any other room in which the board or commission is meeting.
Exhibits, displays, and visual aids used in connection with presentations,
however, are permitted.
(K)
Citizens and other visitors attending board or commission meetings
shall not bring food or drink into the council chamber or into any
room in which the board or commission is meeting.
(3)
Order of business.
The current agenda format shall remain
in force and effect. Upon objection by any board or commission member,
any matter on the agenda shall be considered out of its regular order
only upon a two-thirds vote of the members present.
(4)
Voting.
The ayes and nays may be demanded from each
individual member on any question, by any member, and in all cases
of calling the ayes and nays, every member shall vote unless abstention
is required by law.
(5)
Parliamentary rules.
Robert’s Rules of Order shall
be followed to the fullest extent possible for the purpose of conducting
orderly meetings. The city attorney and city secretary or his or her
designee shall be familiar with Robert’s Rules of Order and
shall serve as parliamentarian. In the event a parliamentarian is
not present at a meeting or cannot be reached by telephone, electronic
mail or other reasonable means, or in the event that attempting to
contact a parliamentarian will result in unnecessary delay, the chair
shall decide all questions of order unless a majority of board or
commission votes to decide such a question in an alternative, reasonable
manner. Robert’s Rules of Order shall not be used for the purpose
of delay, intimidation, thwarting the will of the board or commission,
or to make ineffective a lawful vote.
(6)
Legal advice and assistance.
In the event that the chair
or a majority of a board or commission desires to receive the advice
or assistance of the city attorney, the same may be requested through
the city manager or his or her designee. Such advice or assistance
from the city attorney, if approved by the city manager, may be by
attendance at a meeting, either in person or by telephone, video conferencing,
or electronic mail, or by written memo, letter, or other document.
A board or commission should follow such legal advice or direction
and, before a majority of a board or commission votes to act in a
manner contrary to such advice should ascertain whether doing so may
subject the city or individual members to liability.
(7)
Attendance and absences.
(A)
Members of boards and commissions, including the chair, shall make
a good faith effort to attend all regular, workshop and special meetings,
and shall, to the extent possible, provide advance notice of at least
twelve (12) hours preceding the meeting of an expected absence and
request an absence be excused by notifying the city manager or his
or her designee of the anticipated absence and the reason therefor.
Attendance may be excused for good cause by a majority of the board
or commission. “Good cause” shall be defined as a personal
illness, family emergency or a work-related conflict. Documented proof
of cause may be required from any member for any absence. An absence
that is not considered to be for cause may include one of individual
choice to miss the meeting in lieu of another activity. Unless provided
otherwise in the charter or by enabling ordinance, three (3) consecutive
unexcused absences of regular, workshop or special meetings, or four
(4) nonconsecutive unexcused absences during a twelve (12) month period
shall cause the office held by such member or chair to become vacant.
At such time a member exceeds the above referenced number of absences
from duly called meetings, whether for good cause or not, the city
council shall be advised and the matter placed on an agenda for consideration.
In the event that a member or chair of a board or commission is found
by a majority of the board or commission, or by a majority of the
city council, to have been intentionally absent for the purpose of
affecting or preventing a vote on a particular matter, such intentional
absence shall be addressed by the city council at a council meeting
and shall be grounds for reprimand, censure, or removal of that member
or chair.
(B)
The city secretary shall maintain accurate and up-to-date attendance
records of all board and commission members. On a quarterly basis
the city council shall be provided such attendance records. At such
time that the city council deems necessary, written notification from
the council shall be forwarded to those members who have been absent
for three (3) or more meetings within a six (6) month period. Members
receiving such written notification will be required to make a personal
response to the city council to attempt to arrive at an acceptable
resolution. At such time the member’s absences exceeds the total
number identified above the city council shall notify the member and,
the matter shall be placed on an agenda to consider and take action
including one of the following:
(8)
Conflicts of interest.
Chapter 171, Local Government
Code, shall govern each board and commission with regard to conflicts
of interest. Members and chairs of boards and commissions should seek
legal advice before participating in any matter about which he or
she may have a conflict of interest, and should avoid any appearance
of impropriety at all times. Members and chairs of boards and commissions
should not meet with applicants or other persons who have or may have
business before the board or commission outside of a public meeting
without first informing the city manager or his or her designee and
being provided with legal advice on the propriety of such a meeting.
(9)
Members addressing a board or commission as a member of the public.
Due to potential violation of the Texas Open Meetings Act, members
and chairs of boards and commissions are discouraged from leaving
the horseshoe or dais for the purpose of addressing the board or commission
during a meeting. A member or chair desiring to exercise his or her
right of freedom of speech by addressing a board of commission as
a citizen should first advise the city manager or his or her designee
of the desire to do so and should provide information on the topic
to be discussed in order that the city manager or his or her designee
may seek legal advice from the city attorney, if necessary, in order
to avoid possible violation of the Open Meetings Act.
(Ordinance O-28-10 adopted 12/6/10)
(a)
The
city manager is responsible for seeing that all newly appointed board
or commission members are provided with an orientation on municipal
facilities, staff procedures and other information of interest to
municipal officials. Additionally, board and commission members shall
be fully informed of all public expectations and responsibilities
of the position they have been appointed to and subsequently accepted.
(b)
The
chair is responsible for informing all board or commission members
of any and all issues related to that board or commission’s
city business, provided that doing so is accomplished in compliance
with the Texas Open Meetings Act.
(Ordinance O-28-10 adopted 12/6/10)
(a)
Members
of the board or commission and chair shall avoid conference call meetings
not legally posted or other means of circumventing the Texas Open
Meetings Act, and shall not poll its members regarding matters of
public concern.
(b)
Upon
a written request of a citizen, public records shall be copied and
distributed according to the state law. Fees will be charged in accordance
with the fee schedule promulgated by the general services commission.
A form will be provided at the city office.
(Ordinance O-28-10 adopted 12/6/10)
(a)
If
present, the police chief or his or her designee shall act as sergeant-at-arms.
In the absence of the police chief or a designee, the chair or a majority
of the board or commission, may rely on the city manager or his or
her designee to furnish whatever assistance is needed or may require
the police chief or designee to report to the meeting to enforce the
rules of decorum of the city.
(b)
A
copy of the code of conduct relative to citizens and other visitors
shall be available to the public at all open meetings of the boards
and commissions and shall provide the requisite notice and requirements
of the code of conduct.
(Ordinance O-28-10 adopted 12/6/10)
