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.
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.
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The following members are present:
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Name
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Position
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_____________________
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Mayor
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_____________________
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Councilmember, Place 1
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_____________________
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Councilmember, Place 2
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_____________________
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Councilmember, Place 3
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_____________________
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Councilmember, Place 4
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_____________________
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Councilmember, Place 5
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City staff members present at the meeting include:
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Name
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Position
|
_____________________
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City Manager
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_____________________
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City Secretary
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(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
(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)