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 city 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 city council meetings.
(Ordinance 1126 adopted 6/4/13; 2004 Code, sec. 1.1616)
(a) 
General rules.
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 clearly requires otherwise. Headings and captions are for reference purposes only, and shall not be used in the interpretation of this division.
(b) 
Specific definitions.
Conduct.
An act or omission and its accompanying mental state.
Council.
The city council, the governing body of the city.
Intentional.
The culpable mental state of “intent” as defined by section 6.03 of the Texas Penal Code. A person acts intentionally, or with intent, with respect to the nature of his or her conduct or to a result of his or her conduct when it is his or her conscious objective or desire to engage in the conduct or cause the result.
Meeting.
Any official proceeding of the council. This term includes, but is not limited to, all regular, special, emergency and executive session (i.e., “closed”) meetings and workshops. The term “regular meeting” identifies two meetings that by ordinance are scheduled to occur at the same time on the same days each month. The term “special meetings” includes all meetings that are not “regular meetings,” including workshops and emergency meetings.
Person.
A human individual.
Public servant.
A person elected, selected, appointed, employed or otherwise designated as one of the following, even if that person has not yet qualified for office or assumed his or her duties:
(1) 
An officer, employee, or agent of the city;
(2) 
An attorney at law or notary public when participating in the performance of a governmental function;
(3) 
A candidate for nomination or election to public office; or
(4) 
A person who is performing a public function under a claim of right although he or she is not legally qualified to do so.
Recklessly.
The culpable mental state of “recklessness” as defined by section 6.03 of the Texas Penal Code. A person acts recklessly, or is reckless, with respect to the circumstances surrounding his or her conduct or the result of his or her conduct when he or she is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.
Unlawful.
Criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege.
(Ordinance 1126 adopted 6/4/13; 2004 Code, sec. 1.1617; Ordinance adopting 2019 Code)
(a) 
Orientation.
As required by the charter, prior to being sworn in, all newly elected mayors and councilmembers shall read and be familiar with the charter, the city Code of Ordinances, the current city budget, the file of resolutions and any other records or documents as the council deems appropriate for orientation.
(b) 
Meeting schedule.
Regular meetings of the city council shall be conducted as established in section 1.03.001(a) of this article. Special meetings may be scheduled at the discretion of the mayor or two (2) councilmembers. 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.
(c) 
Agenda setting.
In order for a matter or issue to appear as an agenda item on the agenda of a meeting of the council, a request must be filed with the city secretary and approved by at least two (2) members of the council or the mayor, to the extent reasonably possible, no later than 5:00 p.m. on the Tuesday prior to the next scheduled meeting and at least ninety-six (96) hours prior to the commencement of a special meeting.
(d) 
Presiding officer.
(1) 
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.
(2) 
The presiding officer shall open each meeting with the following statement:
This meeting is being held in accordance with the provisions of the Texas Open Meetings Act. Discussion and actions are limited to the agenda items as posted. Persons desiring to address the city council or express their opinion about a particular item on this agenda must follow the procedures as outlined in article 1.03 of the Brady Code of Ordinances. A quorum being present, as evidenced by the presence of members present of the city council, this meeting is hereby called to order.
The following members are present:
Name
Position
_____________________
Mayor
_____________________
Councilmember, Place 1
_____________________
Councilmember, Place 2
_____________________
Councilmember, Place 3
_____________________
Councilmember, Place 4
_____________________
Councilmember, Place 5
City staff members present at the meeting include:
Name
Position
_____________________
City Manager
_____________________
City Secretary
(e) 
Public participation.
(1) 
All meetings of the council will be called and conducted in accordance with the provisions of the Texas Open Meetings Act, chapter 551 of the Texas Government Code.
(2) 
Regular, special, and emergency meetings of the council are open to the public and the press and media.
(3) 
Executive sessions of the council are not open to the public, the press or the media, and are open only to the mayor and councilmembers and such individuals who are:
(A) 
Permitted to attend a meeting in executive session under the Texas Open Meetings Act; and
(B) 
Expressly requested or ordered to attend by the council.
(4) 
By majority vote, the council may exclude the mayor or certain members of the council from a meeting or a portion of a meeting if it is determined that:
(A) 
The mayor or certain councilmembers have financial or legal interests that are adverse or contrary to the city’s interests being discussed at the meeting; and
(B) 
Allowing the mayor or the councilmembers at issue to attend the meeting would adversely affect the city’s bargaining position or legal strategy.
(5) 
As required by the charter, the citizens of the city shall have a reasonable opportunity to be heard in regard to any matter. A specific time during each meeting shall be designated for citizens’ comments. Citizen participation at a council meeting shall be limited to the portion of the meeting designated for that purpose. Persons who wish to participate in this portion of the meeting must register with the city secretary before the meeting begins and must indicate the topic they wish to address.
(6) 
No presentation shall exceed two (2) minutes per citizen, unless the presiding officer or a majority of the council gives the speaker special permission. Delegations of more than two (2) persons must appoint a spokesperson to present their views before the council. The presiding officer may limit maximum duration of discussion regardless of the number of citizens wishing to address the council. In matters of exceptional interest, the council may, by majority vote of the members of the council in attendance at the meeting, shorten or lengthen the amount of time allocated for citizen comments.
(7) 
The presiding officer may halt discussion that is repetitive of comments or positions stated by other citizens. All comments should be addressed to the presiding officer and no debates between citizens and councilmembers shall be allowed. The presiding officer shall not tolerate comments, gestures or actions from persons not recognized to speak.
(8) 
The presiding officer may halt discussion that is not relevant to the particular issue or that constitutes a threat or verbal assault on any councilmember or member of the city staff.
(9) 
If citizens raise matters or ask questions about a subject that is not included on the agenda posted with notice of the meeting, the mayor and council may:
(A) 
Provide specific factual information;
(B) 
Recite existing policy; or
(C) 
Determine whether to place the matter on a future agenda.
The council shall not deliberate the substance of or take further action regarding the matter at that time.
(Ordinance 1126 adopted 6/4/13; 2004 Code, sec. 1.1618)
(a) 
Hindering proceedings by disorderly conduct.
(1) 
A person commits an offense if he or she intentionally hinders a meeting by noise or violent or tumultuous behavior or disturbance.
(2) 
A person commits an offense if he or she recklessly hinders a meeting by noise or violent or tumultuous behavior or disturbance and continues after explicit official request to desist.
(b) 
Disrupting meeting.
A person commits an offense if, with intent to prevent or disrupt a meeting, he or she obstructs or interferes with the meeting by physical action or verbal utterance.
(Ordinance 1126 adopted 6/4/13; 2004 Code, sec. 1.1619)
(a) 
Civil and criminal penalties.
The city shall have the power to administer and enforce the provisions of this division as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations.
(b) 
Criminal prosecution.
Any person violating any provision of this division shall, upon conviction, be fined in accordance with the general penalty provision set forth in section 1.01.009 of this code. Each instance that a provision of this division is violated shall constitute a separate offense. An offense under this division is a misdemeanor.
(c) 
Civil remedies.
Nothing in this division shall be construed as a waiver of the city’s right to bring a civil action to enforce the provisions of this division and to seek remedies as allowed by law, including, but not limited to, the following:
(1) 
Injunctive relief to prevent specific conduct that violates this division or to require specific conduct that is necessary for compliance with this division;
(2) 
A civil penalty up to one hundred dollars ($100.00) when it is shown that the defendant was actually notified of the provisions of this division and, after receiving notice, committed acts in violation of this division or failed to take action necessary for compliance with this division; and
(3) 
Other available relief.
(d) 
Authority of presiding officer.
The presiding officer is hereby granted the authority to order any person removed from the meeting, or to take any appropriate legal action against any person who violates any provision of this division.
(Ordinance 1126 adopted 6/4/13; 2004 Code, sec. 1.1620)
The city seeks to ensure effective communication with members of the public who attend and participate in city 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 meeting so that the city may effectively address the individuals’ requests.
(Ordinance 1126 adopted 6/4/13; 2004 Code, sec. 1.1621)