This division shall commonly be referred to as the “council
meeting procedures ordinance.”
(Ordinance 923-20 adopted 4/27/20)
This division is adopted so that the city council may promote
the public health, safety, morals and general welfare within the city
through the enactment of reasonable procedures and rules designed
to facilitate the orderly and efficient conduct of council meetings
in a manner that promotes a positive city image reflecting order,
harmony and pride, thereby strengthening the economic stability of
the city. By and through this division, the city council additionally
seeks to establish fair, reasonable, and efficient guidelines for
maintaining order and promoting effective public participation at
council meetings.
(Ordinance 923-20 adopted 4/27/20)
(a)
General.
Words and phrases used in this division shall
have the meanings set forth in this section. Words and phrases that
are not defined in this division but are defined in other ordinances
of the city shall be given the meanings set forth in those ordinances.
Other words and phrases shall be given their common, ordinary meaning
unless the context dearly requires otherwise. Headings and captions
are for reference purposes only and shall not be used in the interpretation
of this division.
(b)
City.
Council.
Council meeting.
Council chamber.
Closed meeting.
Conduct.
Deliberation or deliberate.
Designated recording area.
Meeting.
Official tape recording.
Open.
Person.
Presiding officer.
Quorum.
Use of a tape recorder, video camera, or other means of aural
or visual reproduction.
Specific definitions.
The City of Navasota, an incorporated, home rule municipality
located in Grimes County, Texas.
The city council (i.e., the governing body) of the City of
Navasota, Texas.
Any public meeting held by the city council of the City of
Navasota as authorized or required by the Texas Constitution and applicable
state law.
The meeting space designated for city council meetings located
in city hall at 200 E. McAlpine Street, Navasota, Texas.
A meeting to which the public does not have access (i.e.,
executive session) as authorized by the Texas Open Meetings Act.
An act or omission and its accompanying mental state.
A verbal exchange during a meeting by a quorum of the city
council, or between a quorum of the city council and another person,
concerning a public issue within the jurisdiction of the city council.
That area of the council chamber clearly marked as a space
for all persons wishing to operate tape recorders, video cameras,
or other means of aural or visual reproduction, within which such
persons may operate such electronic recording devices during council
meetings.
Any official proceeding of the council. This term includes,
but is not limited to, all regular, special (i.e., “called”),
emergency and executive session (i.e., “closed”) meetings.
Any audio recording made by the city secretary or other city
official or employee at the direction of the city council and as part
of that city official’s or employee’s official duties.
The public is allowed to attend.
A human individual.
The member of the governing body who is chairing the meeting,
which may be the mayor, mayor pro-tem in the mayor’s absence,
or a council member selected by the remaining members of the council
when the mayor and mayor pro-tem are absent.
A majority of the city council, unless defined differently
by an applicable law, rule, or ordinance of the city.
The use of any device used to capture and record and/or transmit
and replay sounds and/or images. This term includes, but is not limited
to, tape recorders, video cameras, digital cameras, web cameras, and
live video streaming devices.
(Ordinance 923-20 adopted 4/27/20)
(a)
Time and place for meetings.
(1)
The city council shall hold regular meetings on the second and fourth
Mondays of each month at 6:00 p.m.
(2)
When the day for any regular meeting falls on a legal holiday, the
regularly scheduled meeting for such day shall be cancelled unless
otherwise specified by the city council. At other times that the mayor
deems appropriate, the mayor may cancel one or more regular meetings.
(3)
The mayor may call a special meeting on the mayor’s own motion
or on the application of two councilmembers. Each member of the city
council, the city secretary, and the city attorney must be notified
of the special meeting at least 72 hours in advance.
(4)
Except as otherwise provided in this subsection, the city council
shall conduct all meetings in the council chambers. However, the city
council may from time to time elect to meet at other locations and,
upon such election, shall give public notice of the change of location
in accordance with state law. If by reason of fire, flood or other
emergency, it is unsafe to meet in the council chambers, for the duration
of the emergency the council may hold its meetings at such other place
as the mayor, or, in the mayor’s absence, the mayor pro-tem,
shall designate.
(5)
Meetings may be cancelled or recessed to the next business day with
or without notice by the mayor, a majority of the council, or a majority
of the members of the council in attendance at the meeting.
(6)
Pursuant to §551.007(e) of the Texas Government Code, during
a meeting the city council may not prohibit public criticism of the
city council, including criticism of any act, omission, policy, procedure,
program, or service. This does not apply to public criticism that
is otherwise prohibited by law.
(b)
Agenda of meetings.
(1)
The city shall comply with all notice requirements of the Texas Open
Meetings Act, chapter 551 of the Texas Government Code, as may be
amended.
(2)
The city secretary shall be responsible for preparing the agenda
for council meetings. The mayor may determine which items to include
in the agenda, provided that, the city secretary shall include any
item requested by a councilmember or the mayor. Councilmembers shall
submit requests to the city secretary at least five (5) business days
in advance of the day of the meeting.
(3)
A citizen may request inclusion on the agenda by submitting a request
in writing to the city secretary at least six (6) business days in
advance of the day of the meeting. The requested item may be included
on the agenda at the mayor’s discretion.
(4)
The city secretary shall post the agenda at least 72 hours in advance
of the meeting, except as otherwise allowed by the Texas Open Meetings
Act. The city secretary shall not make changes to the agenda less
than four (4) days prior to the meeting. Items submitted to the city
secretary less than four (4) days prior to the meeting shall not be
included. This provision shall not apply to emergencies, as determined
by the mayor.
(5)
Upon the motion of the presiding officer or any councilmember, the
city council may elect to table an agenda item by an affirmative vote
of a majority of councilmembers present at the meeting.
(6)
In accordance with the Texas Open Meetings Act, the council will
not be able to deliberate on any item that is not on the agenda for
the meeting. For such an item, the governmental body may either: (A)
make a statement of fact regarding the item; (B) make a statement
concerning the policy regarding the item; or (C) propose that the
item be placed on a future agenda.
(c)
Public participation.
(1)
In accordance with the terms of the Texas Open Meetings Act all meetings
of the city council shall be open to the public unless the council
is in executive session or state law otherwise allows a meeting to
be closed.
(2)
A member of the public who desires to address the council concerning
an item on the agenda or to present a subject for the council’s
consideration during the public comment period may do so in accordance
with the rules outlined in this division.
(3)
Members of the public who desire to address the council shall abide
by the following rules:
(A)
Prior to the meeting, or during the meeting prior to discussion of
a specific matter upon which a person wishes to comment, speakers
who wish to address the city council should complete a public meeting
appearance sign-in sheet and present it to the city secretary. Speakers
shall indicate whether they wish to comment on a specific agenda item
or on a separate matter during the public comment period.
(B)
When recognized by the presiding officer, the speaker should approach
the podium, state his/her name and address for the record, and, if
speaking on behalf of an organization or other group, identify the
group represented.
(C)
Only one person may address the council at any one time.
(D)
Speakers should address all remarks to the city council as a whole,
not to individual members.
(E)
Speakers must limit their presentations to no more than three (3)
minutes. There shall be no substitutions or pooling of speakers.
(F)
Speakers who address the city council through a translator, must
limit their presentations to no more than six (6) minutes. There shall
be no substitutions or pooling of speakers. (HB2840)
(G)
The presiding officer may encourage speakers to not merely repeat
views expressed by others.
(H)
Speakers must limit presentations to matters within the city’s
subject matter jurisdiction.
(4)
In accordance with the Texas Open Meetings Act, the council will
not be able to deliberate on any item that is not on the agenda for
the meeting. For such an item, the governmental body may either: (A)
make a statement of fact regarding the item; (B) make a statement
concerning the policy regarding the item; or (C) propose that the
item be placed on a future agenda.
(d)
Parliamentary procedure.
The council may by resolution
adopt rules of parliamentary procedure.
(e)
Presiding officer.
The presiding officer of the council
is responsible for conducting the meeting. When present and participating,
the mayor shall serve as presiding officer. When the mayor is not
present or if the mayor abstains from participation on a matter, the
mayor pro-tem shall serve as the presiding officer. If neither the
mayor nor the mayor pro-tem is able to serve, the remaining councilmembers
may by majority vote designate a member of the council to preside
over the meeting.
(Ordinance 923-20 adopted 4/27/20)
(a)
Disrupting a meeting.
No person shall prevent or disrupt
a meeting or obstruct or interfere with the meeting by physical action
or verbal utterance.
(b)
Removal from meeting.
The presiding officer shall maintain
decorum in all meetings and may order persons disrupting meetings
to exit the building. Disruptive persons refusing to vacate the premises
may be escorted outside by police officers upon direction from the
presiding officer.
(Ordinance 923-20 adopted 4/27/20)
(a)
Location of recording equipment.
(1)
At each council meeting, the council shall designate an area within
the council chamber for the operation of tape recorders, video cameras,
and other means of aural or visual reproduction. Operation of such
equipment is limited to the designated recording area.
(2)
The designated recording area shall be indicated by means reasonably
calculated to provide sufficient space for all persons wishing to
operate a tape recorder, video camera, or other means of aural or
visual reproduction to occupy the designated recording area with reasonable
comfort and sufficiently near to the proceedings to facilitate adequate
recording.
(3)
No person shall operate a tape recorder, video camera, or other means
of aural or visual reproduction within the council chamber outside
of the designated recording area.
(4)
The provisions of this section do not apply to the creation of an
official tape recording of a council meeting by a duly authorized
city official. Nor do these provisions apply to duly authorized closed
(i.e., “executive”) sessions.
(b)
Recording of individuals outside of the council meeting.
(1)
No person shall operate a tape recorder, video camera, or other means
of aural or visual reproduction within the council chamber within
one hour before or after a council meeting unless the person being
recorded expressly grants his or her consent.
(2)
Members of the news media and other interested persons may request
personal interviews to be scheduled with city officials by calling
the marketing and communications coordinator or city manager at (936)825-6475.
(Ordinance 923-20 adopted 4/27/20)
The city seeks to ensure effective communication with members
of the public who attend and participate in council meetings. An individual
who requires auxiliary aids and services or other accommodation should
contact the city secretary with a request for such services. The city
encourages such individuals to submit requests at least forty-eight
(48) hours in advance of a council meeting so the city may effectively
address the individuals’ requests.
(Ordinance 923-20 adopted 4/27/20)
This division shall not be construed to require or allow any
act that is prohibited by any other ordinance. This division is specifically
subordinate to any ordinance or regulations of the city pertaining
to building and construction safety or to pedestrian and traffic safety.
Nothing in this division shall be construed to impose a duty not required
by the Open Meetings Act or to relieve the city of complying with
the Open Meetings Act.
(Ordinance 923-20 adopted 4/27/20)
