In this division:
A board or commission of the city that is established by
ordinance or the home-rule charter of the city.
The presiding officer of a board or commission, whether appointed
by the mayor, the city council, or selected by the board.
A person who has been appointed and confirmed to a city board.
(Ordinance 519 adopted 6/23/98)
(a)
Qualifications.
In addition to the qualifications for
service on a board required by the city charter, ordinances or state
law, a person appointed to a board must not be delinquent in the payment
of taxes, water service charges, or other obligation to the city.
(b)
Nepotism.
A person related within the second degree
by affinity or within the third degree by consanguinity to the mayor
or any member of the city council is not eligible for appointment
to a city board.
(c)
Appointment and removal.
Members of city boards and
commissions, as officers of the city are recommended by the mayor/city
manager but are appointed and approved by a majority vote of the city
council. The city council may also remove a member as recommended
by the mayor/city manager with the approval and consent by a majority
vote of the city council.
(d)
Terms.
Unless specifically provided otherwise in the
ordinance or city charter provision creating a particular board or
commission, members will be appointed for two-year terms. Terms will
expire in June, with replacements for odd-numbered seats in odd years
and even-numbered seats in even years.
(e)
Compensation.
Members serve without compensation.
(Ordinance 519 adopted 6/23/98; Ordinance adopting Code; Ordinance 1382-2023 adopted 6/27/2023)
(a)
Regular meetings.
Each board or commission shall determine
the time and place of its meetings. Regular meetings shall be scheduled
weekly, monthly, semimonthly, or quarterly, as the responsibilities
of the board or commission necessitate.
(b)
Special meetings.
Special meetings may be called by
the chair at any time and shall be called by the chair upon written
request of members comprising at least one-third of the board.
(c)
Notice of meetings.
Notice of all regular and special
meetings of the board shall be published in accordance with the Texas
Open Meetings Act.
(d)
Public meetings.
(1)
All meetings of a board shall be open to the public unless pertaining
to matters authorized under the Texas Open Meetings Act to be discussed
in closed meeting.
(2)
When meeting in closed session, the chair shall publicly announce
the category under the Texas Open Meetings Act that permits the closed
meeting, and comply with all other requirements of the Texas Open
Meetings Act applicable to closed meetings.
(3)
A printed agenda of items to be considered at each regular meeting
shall be posted for public inspection at least 72 hours prior to the
meeting. If an emergency under the Texas Open Meetings Act exists,
the agenda for an emergency meeting shall be posted two hours prior
to the meeting.
(4)
Compliance with this section shall be the responsibility of the city
department designated to provide staff support to the board or commission.
(e)
Minutes.
Each board shall submit to the city secretary,
within 14 days following each regular and special meeting, a list
of members absent from the meeting and a copy of the minutes of the
meeting.
(f)
Conflict of interest.
(1)
Voting required.
No attending member of a board shall
be excused or shall abstain from voting on any matter before the board
on which a vote is called or required, except where a board member’s
substantial interest is involved, as provided by Texas Local Government
Code, chapter 171. A member shall be considered to have a substantial
interest in a matter whenever any matter before the board could or
does affect the member’s financial interest or those of a business
with which the member is associated, as set forth in chapter 171,
Texas Local Government Code.
(2)
When member stopped from voting.
A member stopped from
voting on a matter for reasons of conflict of interest shall:
(A)
Refrain from discussing the matter at any time with any other members
of the board or any other body that will consider the matter;
(B)
Execute an affidavit as required by the Texas Local Government Code,
chapter 171;
(C)
Leave the room during debate and hearing; and
(D)
Refrain from voting on the matter.
(Ordinance 519 adopted 6/23/98)
Each board member shall attend all regularly called and special
meetings of the board of which he is a member. No member shall be
excused from attendance at a board meeting, unless for medical reasons
certified to by a physician or unless excused by the board. A member
having three unexcused absences in succession shall forfeit membership
on the board.
(Ordinance 519 adopted 6/23/98)
(a)
Presiding officer.
The chair shall, when present, preside
at all meetings of the board. In the absence of the chair, the vice-chair
shall exercise the powers of the chair. If the chair ceases to preside
during a meeting and no vice-chair is available, the chair may, subject
to the approval of the board, appoint a temporary chair.
(b)
Temporary chair.
If the chair and vice-chair are absent
at the beginning of a meeting, the board shall elect a temporary chair.
(c)
Appointment.
Unless specifically provided otherwise
in the ordinance or city charter provision creating a particular board,
the chair and vice-chair of every board of the city as recommended
by be the mayor/city manager but appointed with the approval and consent
by a majority vote of the city council.
(d)
Rulings.
The presiding officer shall rule on points
of order and procedures that are brought up in board meetings.
(Ordinance 519 adopted 6/23/98; Ordinance
1382-2023 adopted 6/27/2023)
(a)
Rules of order.
Unless otherwise provided by state law,
another ordinance or the city charter, the board or this division,
proceedings of a board or commission shall in all cases be governed
by rules of order as set forth [in] Rosenberg’s Rules of Order.
(b)
Quorum.
Unless otherwise provided by state law, the
city charter, or another ordinance, a quorum for the transaction of
business of a board shall be a majority of the members appointed to
the board including the chair and vice-chair. At the beginning of
each regular or special meeting, the chair shall determine whether
or not a quorum exists in order to properly transact business. If
a quorum does not exist 15 minutes after the time for which the meeting
was called, the chair shall adjourn the meeting and either reschedule
the meeting at its next regular time or call a special meeting, depending
on the circumstances.
(c)
Voting.
Every member present when a question is put,
including the chair and vice-chair, shall vote either “aye”
or “no” on each matter unless the member is prevented
from voting because of a conflict of interest. A member who is absent
from the meeting during the vote and returns to or arrives at the
meeting before adjournment shall, upon returning or arriving, vote
on the question for the record unless prevented from voting by a conflict
of interest. A member recorded present during a meeting who does not
vote and who is not prevented from voting by a conflict of interest
shall be recorded as having voted in the affirmative, unless the member
has obtained the consent of the chair to leave the meeting and is
absent for the remainder of the meeting.
(d)
Question to be stated.
The chair shall state all questions
submitted for a vote, call for an affirmative and negative vote, and
announce the result. A roll call vote shall be taken upon the request
of any member.
(e)
Duties and privileges.
When recognized by the chair,
a member shall confine remarks to the question under debate, avoid
personalities and refrain from impugning the moves of any other member’s
argument or vote. No member shall address the chair or demand the
floor while a vote is being taken.
(f)
Right of appeal.
A member may appeal to the board from
a ruling of the chair. If the appeal is seconded, the member making
the appeal may briefly state reasons for the appeal and the chair
may briefly explain the ruling, but there shall be no debate on the
appeal and no other member shall participate in the discussion. The
chair shall then put the question, “Shall the decision of the
chair be sustained?” If a majority of the members present vote
“aye,” the ruling of the chair is sustained; otherwise
it is overruled.
(g)
Limitation on debate.
No member shall be allowed to
speak more than once upon any on subject until every other member
choosing to speak on the subject has spoken.
(h)
Personal privilege.
The right of a member to address
the board on a question of personal privilege shall be limited to
cases in which the member’s integrity, character, or motives
are assailed, questioned, or impugned.
(i)
Preservation of order.
The chair shall preserve order
and decorum. The chair shall require members of the board engaged
in debate to limit discussion to the question under consideration.
(Ordinance 519 adopted 6/23/98; Ordinance 1111-2016 adopted 6/14/16)
The confidentiality of any file, record, or other data received
by a board member that pertains to a land purchase, security, personnel,
or legal matter shall be strictly maintained by every member.
(Ordinance 519 adopted 6/23/98)
The rules established in this division are applicable to all
boards and commissions unless otherwise provided to the contrary in
the charter or in any other ordinance or section of this code.
(Ordinance adopting Code)
