Division 2 Meetings and Rules of Procedure

Quorum.

Three (3) members of the council shall constitute a quorum for the transaction of business at a regular meeting of the town council. However, at a meeting to consider the imposition of taxes, then four (4) councilpersons shall constitute a quorum.

Attendance.

If a member of the council is absent for three regular consecutive regular monthly meetings, the councilmember’s office may be considered vacant unless the member is sick or has first obtained an excused leave of absence from the mayor at least twenty-four hours in advance of the scheduled meeting. No members of the council shall be excused from the attendance at a regular council meeting except for a compelling or valid reason.

Questions to contain one subject.

All questions submitted for a vote shall contain only one (1) subject. If two (2) or more points are involved, any member may require a division, if the question is reasonably divisible.

Right of floor.

Any councilperson desiring to speak shall be recognized by the chairperson, and shall confine his or her remarks to the subject under consideration or to be considered. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken.

Duties of town attorney.

The town attorney, or his designated representative, shall attend the regular monthly meeting of the council, and, upon request, give an opinion, either written or oral, on questions of law. The town attorney upon request shall act as the council’s parliamentarian.

Duties of town secretary.

The town secretary, or acting town secretary, shall attend all meetings of the council unless excused, and shall keep the official minutes and perform such other duties as may be requested of the town secretary by the council.

(g)

Duties of other officers and employees.

Any employee of the town, when requested by the mayor, shall attend any meeting of the council. If requested to do so by the mayor, such employee may present information relating to matters before the council. Department heads shall attend meetings of the council, unless excused.

(h)

Rules of order.

These rules govern the proceedings of the council in all cases, except that, where these rules are silent, the most recent edition of Robert’s Rules of Order revised shall govern.

(i)

Amendment of rules.

These rules may be amended, or new rules adopted, by the affirmative vote of three members of the council, provided that the proposed amendments or new rules shall have been introduced before the town council at a prior council meeting.

(j)

Suspension of rules.

The rules as outlined in the body of this division shall not be suspended except for a definite purpose, and by a two-thirds (2/3) vote of the town council.

(Ordinance adopting 2004 Code; Ordinance 205-93 adopted 9/21/93; Ordinance 456-08, sec. 2, adopted 7/15/08; 2004 Code, sec. 1.602)

§ 1.03.033 Code of conduct.

Councilmembers.

During council meetings, councilmembers shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to observe the rules of the council.

A councilmember, once recognized, shall not be interrupted while speaking unless called to order by the mayor or presiding officer, unless a point of order is raised by another member or the parliamentarian, or unless the speaker chooses to yield to questions from another member. If a councilmember is called to order while he is speaking, he shall cease speaking immediately until the question of order is determined. If ruled to be in order, he shall be permitted to proceed. If ruled to be not in order, he shall remain silent or shall alter his remarks so as to comply with rules of the council.

Administrative staff.

Members of the administrative staff and employees of the town shall observe the same rules of procedure and decorum applicable to members of the council, and shall have no voice unless and until recognized by the chair.

The mayor shall take such disciplinary action as may be necessary to insure that such decorum is preserved at all times by town employees in council meetings.

(3)

All remarks and questions addressed to the council shall be addressed to the council as a whole and not to any individual member thereof.

(4)

No staff member, other than a staff member having the floor, shall enter into any discussion either directly or indirectly without permission of the presiding officer.

Citizens.

Citizens are welcome and invited to attend all meetings of the council, and will be admitted to the council chamber up to the fire safety capacity of the room.

All citizens will refrain from private conversations in the chamber while the council is in session.

(3)

Citizens attending council meetings shall observe the same rules of propriety, decorum, and good conduct applicable to the administrative staff. Any person making personal, impertinent, or slanderous remarks or who becomes boisterous while addressing the council or while attending the council meeting may be removed from the room as directed by the presiding officer, and such person shall be barred from further audience before the council during that session of the council.

(4)

Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations shall not be permitted. In case the presiding officer shall fail to act, any member of the council may move to require him to act to enforce the rules, and the affirmative vote of three (3) members of the council shall require the presiding officer to act.

(5)

No placards, banners or signs of any kind will be permitted in the council chamber except exhibits, displays and visual aids used in connection with presentations to the council provided that such exhibits, displays and visual aids do not disrupt the meeting.

(Ordinance 205-93 adopted 9/21/93; 2004 Code, sec. 1.603)

§ 1.03.034 Types of meetings.

Regular meetings.

Regular meetings of the town council shall be held on the third Tuesday of each month. The meetings will begin at 6:30 p.m., unless the time is otherwise modified by a posted agenda. The start time of regular meetings may be changed by resolution of the town council. All regular meetings of the town council will be held at Town Hall, 1941 E. Jeter Road, Bartonville, Texas, unless otherwise posted on the agenda to be held at a different location.

Special meetings.

Special meetings may be called by the mayor or by any three (3) members of the council. The call for a special meeting shall be filed with the town secretary in written form, and the town secretary shall post notice thereof as provided by law.

Workshop meetings.

Workshop meetings may be called using the same procedure required for special meetings. The purpose of the workshop meeting is to discuss or debate matters of interest, or to meet with a town board or commission or other group. These meetings are informational and no final action shall be taken.

Emergency meetings.

In case of emergency or urgent public necessity, which shall be expressed in the notice of the meeting, an emergency meeting may be called by the mayor, or by three (3) members of the council, and it shall be sufficient if the notice is posted two (2) hours before the meeting is convened. (V.T.C.A., Government Code, chapter 551)

Executive meetings.

The council may meet in an executive meeting or session pursuant to the requirements of the Texas Open Meetings Act. (V.T.C.A., Government Code, chapter 551)

Recessed meetings.

Any meeting of the council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting.

(Ordinance 205-93 adopted 9/21/93; Ordinance 456-08, sec. 3, adopted 7/15/08; 2004 Code, sec. 1.604; Ordinance 753-23 adopted 7/25/2023)

§ 1.03.035 Presiding officer.

Generally.

The mayor or, in the absence of the mayor, the mayor pro-tem shall preside as chairman or presiding officer at all meetings of the council. In the absence of both the mayor and mayor pro-tem, the council shall elect a temporary presiding officer. The mayor will vote only in case of a tie vote. Other presiding officers may vote on all issues on which they do not have a conflict pursuant to chapter 171 of the Texas Local Government Code.

Call to order.

The meetings of the council shall be called to order by the mayor or, in the absence of the mayor, by the mayor pro-tem. In the absence of both the mayor and the mayor pro-tem, the meeting shall be called to order by the town secretary, and a temporary presiding officer shall be elected as provided above.

Preservation of order.

The presiding officer shall preserve order and decorum, and confine members in debate to the question under discussion.

Stating questions; roll call vote.

The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any member, and upon the passage of all ordinances and resolutions.

§ 1.03.036 Order of business; agenda; presentations.

Call for recess.

The presiding officer may call for a recess of up to fifteen (15) minutes at regular intervals of approximately one (1) hour at appropriate points in the meeting agenda, or if requested by any two (2) members.

(Ordinance 205-93 adopted 9/21/93; 2004 Code, sec. 1.605)

Agenda.

The order of business of each meeting shall be as contained in the agenda prepared by the town secretary as approved by the mayor. The agenda shall be a listing by topic of subjects to be considered by the council. Any member of the council may, upon request, have any topic or subject placed on the agenda unless prohibited by law. Conduct of business at special meetings will likewise be governed by an agenda and rules of procedure contained herein.

Presentations by members of council.

The agenda shall provide a time when the mayor or any councilmember may bring before the council any business that he feels should be deliberated upon by the council. These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent council meeting.

Time limit for speakers.

Speakers before the council are requested to limit their remarks to three (3) minutes.

Oral presentations by town staff.

Matters requiring the council’s attention or action which may have developed since the deadline for delivery of the written communication to the council may be presented orally by the town administrative staff. If formal council action on a subject is required, such action may be taken provided the provisions of the Texas Open Meetings Act have been satisfied.

Proclamations.

The agenda may provide a time for the presentation of proclamations. The mayor or chairperson may deliver and present proclamations upon the request of citizens. Proclamations may encompass any activity or theme, except that proclamations with a theme religious or partisan in nature shall not be presented. Moreover, proclamations shall not be used for any commercial or advertising purpose.

Written.

Testimony in support of or in opposition to an agenda item may be submitted in lieu of verbal testimony.

During the public testimony regarding an item, the mayor/chair will indicate that the town council/board has received written comments from (name of persons) in support of the project or issue and from (name of persons) in opposition. Written testimony may or may not be read aloud.

§ 1.03.037 Consideration of ordinances, resolutions and motions.

In the event that the list is long, the mayor/chair may tally the list and announce the total number of people registering support of or opposition to an agenda item.

(3)

The minutes will reflect the town council’s/board’s receipt of written testimony in support or opposition of the project or issue.

(4)

Written testimony shall be submitted to the town secretary. Submissions that are received by 4:30 p.m. the Wednesday prior to the town council/board meeting will be included in the agenda packet. Written submissions received after this time will be provided to the town council/board at the beginning of the meeting.

(5)

Written testimony must include the writer’s name, address, and hearing subject matter.

(Ordinance 205-93 adopted 9/21/93; 2004 Code, sec. 1.606; Ordinance 601-16 adopted 4/19/16)

Printed or typewritten form.

All ordinances and resolutions shall be presented to the council in printed or typewritten form. The council may, by proper motion, amend any ordinance or resolution presented to it.

Approval by town attorney.

Ordinances, resolutions, and contracts and amendments thereto may be approved as to form and legality by the town attorney, or he may file his written opinion on the legality of such ordinance, resolution or contract prior to submission to the council.

Distribution of copies.

The town secretary or town attorney shall prepare copies of all proposed ordinances and resolutions for distribution to all members of the council at the meeting at which the ordinance or resolution is introduced, or at such earlier time as is expedient.

Recording of votes.

The yeas and nos shall be taken upon the passage of all ordinances and resolutions and the vote of each member shall be recorded in the minutes.

Repeal.

An affirmative vote of three (3) members is necessary to repeal any ordinance or any official action in the name of the town except as otherwise provided by the laws of the state.

§ 1.03.038 Creation of committees, boards and commissions.

Demand for roll call vote.

Upon demand of any member, the roll shall be called for yeas and nos upon any question before the council. It shall not be in order for members to explain their vote during the roll call.

(g)

Questions of personal privilege.

The right of a member to address the council on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned or impinged.

(h)

Dissents and protests.

Any member shall have the right to express dissent from or protest against any ordinance or resolution of the council and have the reason therefor entered upon the minutes. Such dissent or protest may be filed in writing and presented to the council not later than the next regular meeting following the date of passage of the ordinance or resolution objected to.

(i)

Voting required; excuse from voting.

No member shall be excused from voting except on matters involving the consideration of his own official conduct, or where a conflict exists pursuant to chapter 171 of the Texas Local Government Code. Any member prohibited from voting by reason of a conflict of interest shall announce at the commencement of consideration of the matter and shall not enter into discussion or debate on any such matter and file a proper affidavit before the next regular meeting. The member having briefly stated the reason for his abstention, the excuse from voting shall be made without debate.

(Ordinance 205-93 adopted 9/21/93; Ordinance adopting 2004 Code; 2004 Code, sec. 1.607)

Council committees.

The council may, as the need arises, authorize the appointment of “ad hoc” council committees. Any committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the council.

Citizen boards, commissions and committees.

The council may create other committees, boards and commissions to assist in the conduct of the operation of the town government with such duties as the council may specify. Memberships and selection of members shall be as provided by the council, and as specified by the ordinances governing the establishment of said committees and commissions. Any committee, board, or commission so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority of the vote of the council. No committee so appointed shall have powers other than advisory to the council or to the mayor except as provided by law.

§ 1.03.039 Suspension or amendment of rules.

Rules of procedure.

Board and commission members shall comply with the provisions of this division specifically as it applies to sections 1.03.032, 1.03.033, 1.03.035 and 1.03.037 hereof insofar as is possible.

(Ordinance 205-93 adopted 9/21/93; 2004 Code, sec. 1.608)

Suspension of rules.

Any provision of these rules not governed by any other ordinance or state law may be temporarily suspended by a majority vote of the council. The vote on any such suspension shall be taken by yeas and nos and entered upon the record.